[Federal Register Volume 86, Number 168 (Thursday, September 2, 2021)]
[Rules and Regulations]
[Pages 49239-49241]
[FR Doc No: 2021-18926]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2021-0219]
RIN 1625-AA00

Safety Zone; Seagull Bridge, Quinnipiac River, Hamden, CT

AGENCY: Coast Guard, DHS.

ACTION: Temporary interim rule with request for comments.

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SUMMARY: The Coast Guard is establishing a temporary safety zone for
all navigable waters within a 25-yard radius of any foundation,
support, stanchion, pier or abutment of the Seagull Bridge located on
the Quinnipiac River, Hamden, CT. The safety zone is needed to protect
personnel and property from potential hazards created by falling
debris. Vessels or persons are prohibited from entering the zone unless
specifically authorized by the Captain of the Port Long Island Sound or
a designated representative.

DATES: This temporary interim rule is effective without actual notice
from September 2, 2021 through September 30, 2021. For the purposes of
enforcement, actual notice will be used from April 29, 2021, until
September 2, 2021.
    Comments and related material must be received by the Coast Guard
on or before October 4, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0219 using the Federal eRulemaking Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.
    To view documents mentioned in this preamble as being available in
the docket, go to https://www.regulations.gov, type USCG-2021-0219 in
the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on
the line associated with this temporary interim rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary interim rule, call or email Lieutenant Jennifer L. Sheehy,
Waterways Management Chief, U.S. Coast Guard; telephone<PHONE_NUMBER>,
email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Table of Contents for Preamble

I. Public Participation and Request for Comments
II. Abbreviations
III. Background Information and Regulatory History
IV. Legal Authority and Need for the Temporary Interim Rule
V. Discussion of the Temporary Interim Rule
VI. Regulatory Analyses
    A. Regulatory Planning and Review
    B. Impact on Small Entities
    C. Collection of Information
    D. Federalism and Indian Tribal Governments
    E. Unfunded Mandates Reform Act
    F. Environment
    G. Protest Activities

I. Public Participation and Request for Comments

    The Coast Guard views public participation as essential to
effective rulemaking, and will consider all comments and material
received during the comment period. Your comment can help shape the
outcome of this rulemaking. If you submit a comment, please include the
docket number for this rulemaking, indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. Your comment can help us amend this
regulation so that it provides a better solution to the problem we seek
to address. We may issue a temporary final rule or other appropriate
document in response to your comments.
    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If you cannot submit your
material by using https://www.regulations.gov, call or email the person
in the FOR FURTHER INFORMATION CONTACT section of this temporary
interim rule for alternate instructions. Documents mentioned in this
temporary interim rule as being available in the docket, and all public
comments, will be available in our online docket at https://www.regulations.gov, and can be viewed by following that website's
instructions. We review all comments received, but we will only post
comments that address the topic of the temporary interim rule. We may
choose not to post off-topic, inappropriate, or duplicate comments that
we receive. If you visit the online docket and sign up for email
alerts, you will be notified when comments are posted.
    We accept anonymous comments. Comments we post to https://www.regulations.gov will include any personal information you have
provided. For more about privacy and submissions to the docket in
response to this document, see DHS's eRulemaking System of Records
notice (85 FR 14226, March 11, 2020).
    We do not plan to hold a public meeting but we will consider doing
so if we determine from public comments that a meeting would be
helpful. We would issue a separate Federal Register notice to announce
the date, time, and location of such a meeting.

II. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Long Island Sound
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

III. Background Information and Regulatory History

    This rulemaking establishes a temporary safety zone for the waters
around the Seagull Bridge, Quinnipiac River, Hamden, CT. On April 1,
2021, the Coast Guard received notice of debris falling from the
Seagull Bridge and that the bridge is displaying signs of failure; thus
creating a hazardous situation. As a temporary interim rule, this will
allow the Coast Guard to expeditiously establish a safety zone, while
also providing time to complete a structural analysis of the Seagull
Bridge.
    If we determine that changes to the temporary interim rule are
necessary, the Coast Guard will publish a temporary final rule or other
appropriate document.
    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this temporary interim rule because doing so would be
impracticable and contrary to the public interest. Publishing an NPRM
and delaying the effective date of this rule to await public comment is
contrary to the safety zone's intended objective, since immediate
action is needed to protect persons and property from the potential
falling debris from the Seagull Bridge.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary interim rule effective less than 30
days after publication in the Federal Register. Due

to the need for immediate action, the restriction of vessel traffic is
necessary to protect life, property, and the environment. Therefore, a
30-day notice is impracticable. Delaying the effective date of this
temporary interim rule would be contrary to the public interest because
immediate action is needed to protect persons and vessels from the
potential safety hazards associated with the Seagull Bridge.
    We are soliciting comments on this rulemaking. If the Coast Guard
determines that changes to the temporary interim rule are necessary, we
will publish a temporary final rule or other appropriate document.

IV. Legal Authority and Need for the Temporary Interim Rule

    The Coast Guard is issuing this temporary interim rule under
authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain
of the Port Long Island Sound (COTP) has determined that potential
hazards associated with falling debris from the bridge structure would
be a safety concern for anyone within a 25-yard radius of the Seagull
Bridge. This temporary interim rule is needed to protect personnel and
property in the navigable waters around the safety zone from the
potential safety hazards associated with the Seagull Bridge.

V. Discussion of the Temporary Interim Rule

    This temporary interim rule establishes a temporary safety zone
from April 29, 2021 through September 30, 2021, or until the safety
zone is rescinded. The safety zone will cover all navigable waters 25-
yards around the Seagull Bridge located on the Quinnipiac River,
Hamden, CT, at 41[deg]20'09.8'' N, 072[deg]53'19.7'' W. The duration of
the safety zone is intended to protect personnel and property within
these navigable waters. All vessels or persons will be prohibited to
enter the safety zone without obtaining permission from the COTP or a
designated representative.

VI. Regulatory Analyses

    We developed this temporary interim rule after considering numerous
statutes and Executive orders related to rulemaking. Below we summarize
our analyses based on a number of these statutes and Executive orders,
and we discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This temporary interim rule has not been designated a
``significant regulatory action,'' under Executive Order 12866.
Accordingly, this temporary interim rule has not been reviewed by the
Office of Management and Budget (OMB).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This temporary safety zone
will temporarily restrict navigation in the 25-yards around the Seagull
Bridge from April 29, 2021 through September 30, 2021. This temporary
interim rule allows persons or vessels to seek permission to enter the
safety zone. Additionally, the Coast Guard will notify the public of
the enforcement of this temporary interim rule via appropriate means,
such as via Local Notice to Mariners and Broadcast Notice to Mariners
to increase public awareness of this safety zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
temporary interim rule will not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section VI.A above, this temporary interim rule will not have a
significant economic impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this temporary interim rule. If the temporary
interim rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please call or email the person
listed in the FOR FURTHER INFORMATION CONTACT section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this temporary interim rule or
any policy or action of the Coast Guard.

C. Collection of Information

    This temporary interim rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A temporary interim rule has implications for federalism under
Executive Order 13132, Federalism, if it has a substantial direct
effect on the States, on the relationship between the National
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. We have
analyzed this temporary interim rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this temporary interim rule does not have tribal implications
under Executive Order 13175, Consultation and Coordination with Indian
Tribal Governments, because it does not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this temporary interim rule
will not result in such an expenditure, we do discuss the effects of
this temporary interim rule elsewhere in this preamble.

F. Environment

    We have analyzed this temporary interim rule under Department of
Homeland Security Directive 023-01,

Rev. 1, associated implementing instructions, and Environmental
Planning COMDTINST 5090.1 (series), which guide the Coast Guard in
complying with the National Environmental Policy Act of 1969 (42 U.S.C.
4321-4370f), and have determined that this action is one of a category
of actions that do not individually or cumulatively have a significant
effect on the human environment. This temporary interim rule involves a
temporary safety zone lasting until September 30, 2021 that will
prohibit entry into 25-yards around the Seagull Bridge. It is
categorically excluded from further review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A
Record of Environmental Consideration supporting this determination
will be produced. For instructions on locating the docket, see the
ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section to coordinate protest activities so
that your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    Accordingly, the Coast Guard amends 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  46 U.S.C. 70034, 70051; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.2.

0
2. Add Sec.  165.T01-0219 to read as follows:

Sec.  165.T01-0219  Safety Zone; Quinnipiac River, Hamden, CT.

    (a) Location. The following area is a safety zone: All navigable
waters of the Quinnipiac River within a 25-yard radius of any
foundation, support, stanchion, pier or abutment of the Seagull Bridge.
    (b) Definition. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port Long Island Sound (COTP) in the enforcement of the
safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
    (2) To seek permission to enter, contact the COTP Sector Long
Island Sound at<PHONE_NUMBER> (Sector Long Island Sound Command Center)
or the designated representative via VHF channel 16 to obtain
permission to do so. Those in the safety zone must comply with all
lawful orders or directions given to them by the COTP or the COTP's
designated representative.
    (d) Enforcement period. This section will be enforced until
September 30, 2021, or until the COTP determines that the safety zone
is no longer necessary.

    Dated: April 29, 2021.
Eva Van Camp,
Capt, U.S. Coast Guard, Captain of the Port Long Island Sound.
[FR Doc. 2021-18926 Filed 9-1-21; 8:45 am]
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