Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 49239 

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. 

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 203–468–4432, email 

Jennifer.L.Sheehy@uscg.mil. 

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 

§ 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 


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49240 Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 

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°20′09.8′′ N, 072°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, 


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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations 49241 

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 

■ 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. 

■ 2. Add § 165.T01–0219 to read as 

follows: 

§ 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 203–468–4401 (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] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0700] 

RIN 1625–AA00 

Safety Zones; Delaware River 

Dredging, Marcus Hook, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Interim final rule; request for 

comments. 

SUMMARY: The Coast Guard is 

establishing temporary safety zones on 

the waters of the Delaware River in 

portions of Marcus Hook Range and 

Anchorage 7 off Marcus Hook Range. 

The safety zones will temporarily 

restrict vessel traffic from transiting or 

anchoring in portions of the Delaware 

River while maintenance dredging is 

being conducted within the Delaware 

River. The safety zones are needed to 

protect personnel, vessels and the 

marine environment from hazards 

created by dredging operations. Entry of 

vessels or persons into these zones is 

prohibited unless specifically 

authorized by the COTP or his 

designated representatives. 

DATES: This interim rule is effective 

without actual notice from September 2, 

2021 through November 2, 2021. For the 

purposes of enforcement, actual notice 

will be used from August 31, 2021, 

through September 2, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0700 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

You may submit comments identified 

by docket number USCG–2021–0700 

using the Federal Decision Making 

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. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Petty Officer Edmund Ofalt, 

Waterways Management Branch, U.S. 

Coast Guard Sector Delaware Bay; 

telephone (215) 271–4889, email 

Edmund.J.Ofalt@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

interim 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 rule because it is 

impracticable and contrary to the public 

interest. There is insufficient time to 

allow for a reasonable comment period 

prior to the start date for dredging 

operations. The rule must be in force by 

August 31, 2021, to serve its purpose of 

ensuring the safety of the public from 

hazards associated with dredging 

operations such as submerged and 

floating pipeline, booster pumps, head 


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