Federal Register - September 2, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Rules and Regulations Table of Contents for Preamble
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard 33 CFR Part 165
Docket Number USCG20210219
RIN 1625AA00
Safety Zone; Seagull Bridge, Quinnipiac River, Hamden, CT
Coast Guard, DHS.
Temporary interim rule with request for comments.
AGENCY:
ACTION:
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.
SUMMARY:
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
20210219 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 USCG2021
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 2034684432, email Jennifer.L.Sheehy@uscg.mil.
SUPPLEMENTARY INFORMATION:
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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 websites 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 DHSs eRulemaking
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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 4a of the Administrative Procedure Act APA 5
U.S.C. 553b. 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.
553bB, 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 zones 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. 553d3, 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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