[Federal Register Volume 88, Number 99 (Tuesday, May 23, 2023)]
[Proposed Rules]
[Pages 33054-33056]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10942]


-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2023-0286]
RIN 1625-AA00


Safety Zone; Shrewsbury River, S-32 Bridge, Boroughs of Rumson 
and Sea Bright, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone on the navigable waters of the Shrewsbury River, within a 100-yard 
radius of the center point of the S-32 Bridge on County Route 520 
(Rumson Road), in the boroughs of Rumson and Sea Bright, New Jersey. 
The safety zone will include the East and West navigational channels 
and will temporarily close down a portion of the Shrewsbury River under 
the S-32 Bridge. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards associated 
with the bridge construction. When enforced, entry of vessels or 
persons into this zone during the enforcement periods is prohibited 
unless specifically authorized by the Captain of the Port New York or a 
designated representative. We invite your comments on this proposed 
rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before June 22, 2023.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0286 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 about this 
proposed rulemaking, call or email MST1 Melanie Hughes, Waterways 
Management Division, U.S. Coast Guard; telephone 718-354-4352, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On March 15, 2023, the Coast Guard received notification from WSP 
USA Inc. requesting to close a portion of the Shrewsbury River for the 
replacement of the S-32 Bridge on County Route 520 (Rumson Road) over 
the Shrewsbury River in the Boroughs of Rumson and Sea Bright, NJ; 
Federal Project No. STBGP-0520(300); NJDOT Job No. 6700352. Marine 
construction actions will consist of several activities, including but 
not limited: to erection of the bascule span structure steel; 
counterweights; exodermic deck panels; cast-in-place concrete closure 
pours; bridge concrete sidewalk; bridge steel railing; concrete deck 
overlay; and fender system. These activities are expected to affect 
navigation along the Shrewsbury River. Marine traffic will be 
maintained through the channel with partial channel closures for a 
majority of the duration of construction activities; however; full 
channel closure will be required for very limited periods. The Captain 
of the Port New York (COTP) has determined that potential hazards 
associated with the bridge construction would be a safety concern for 
anyone within a 100-yard radius of the center point of the bridge.
    The purpose of this rulemaking is to protect personnel, vessels, 
and the marine environment from potential hazards created by the S-32 
Bridge construction activities within a 100-yard radius. The Coast 
Guard is proposing this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The COTP is proposing to establish a safety zone from September 25, 
2023, through December 31, 2024, but will only be enforced during 
periods when heavy lift operations at the new bridge are in progress.
    The first full channel closure is anticipated to take place from 6 
a.m. on Monday, September 25, 2023, through 5 p.m. on Friday, September 
29, 2023. The anticipated contingency date for this channel closure is 
from 6 a.m. on Monday, October 2, 2023, through 5 p.m. on Friday, 
October 6, 2023. The second full channel closure is anticipated to take 
place from 6 a.m. on Monday, November 13, 2023, through 5 p.m. on 
Friday, November 17, 2023. The anticipated contingency date for this 
channel closure is from 6 a.m. on Monday, November 20, 2023, through 5 
p.m. on Monday, November 27, 2023. The Federal navigation channel 
closure is due to a 180-foot by 64-foot crane barge spudded down in the 
channel while conducting heavy lift operations each week at the new 
bridge.
    The remainder of the bridge construction activities will partially 
close the channel allowing marine traffic to pass on either the east 
half or the west half of the channel. During these partial closures, 
the channel will be reduced to a width of 37 feet. The first partial 
channel closure is anticipated to take place from 12:00 a.m. on Monday, 
October 2, 2023, through 11:59 p.m. on Friday, November 10, 2023. The 
second partial channel closure is anticipated to take place from 12 
a.m. on Monday, November 20, 2023, through 11:59 p.m. on Friday, March 
8, 2024. The third partial channel closure is anticipated to take place 
from 12 a.m.

[[Page 33055]]

on Monday, March 11, 2024, through 11:59 p.m. on Thursday, May 16, 
2024.
    The Coast Guard is proposing this rule remain effective through 
December 31, 2024, in case the project is delayed due to unforeseen 
circumstances. The safety zone would cover all navigable waters of the 
Shrewsbury River within 100 yards of the center point of the S-32 
Bridge. The duration of the zone is intended to ensure the safety of 
personnel, vessels and these navigable waters during the bridge 
construction. No vessel or person would be permitted to enter the 
safety zone without obtaining permission from the COTP or a designated 
representative. Additional information concerning the Rumson-Sea Bright 
S-32 Bridge Project can be found at https://www.rumsonseabrightbridge.com/.
    The regulatory text we are proposing appears at the end of this 
document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes 
and Executive orders related to rulemaking. A summary of our analyses 
based on these statutes and Executive orders follows.

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 NPRM has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, the NPRM 
has not been reviewed by the Office of Management and Budget (OMB).
    This regulatory action determination is based on the size, 
location, duration and time-of-day of the safety zone. The safety zone 
is only in effect for navigable waters of the Shrewsbury River within a 
100-yard radius of the center point of the S-32 Bridge and associated 
construction machinery conducting replacement. The Coast Guard will 
notify the public of the enforcement of this rule through appropriate 
means, which may include, but are not limited to, publication in the 
Local Notice to Mariners and Broadcast Notice to Mariners via VHF-FM 
marine channel 16.

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 
proposed rule would not have a significant economic impact on a 
substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
IV.A above, this rule will not have a significant economic impact on 
any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this rule would economically affect it.
    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 proposed rule. If the proposed 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. The Coast Guard will not 
retaliate against small entities that question or complain about this 
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would 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 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 proposed 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 proposed rule does not have tribal implications under 
Executive Order 13175 (Consultation and Coordination with Indian Tribal 
Governments) because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federa l 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this proposed rule has implications for federalism or 
Indian tribes, please call or email the

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 proposed rule would not 
result in such an expenditure, we do discuss the potential effects of 
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed 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 made 
a preliminary determination 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 proposed rule involves 
establishing a safety zone on all navigable waters of the Shrewsbury 
River, within a 100-yard radius of the center point of the S-32 Bridge, 
on County Route 520 (Rumson Road) in the Boroughs of Rumson and Sea 
Bright, New Jersey. 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 preliminary Record of Environmental 
Consideration supporting this determination is available in the docket. 
For instructions on locating the docket, see the ADDRESSES section of 
this preamble. We seek any comments or information that may lead to the 
discovery of a significant environmental impact from this proposed 
rule.

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

[[Page 33056]]

message can be received without jeopardizing the safety or security of 
people, places, or vessels.

V. Public Participation and Request for Comments

    We view 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.
    Submitting comments. We encourage you to submit comments through 
the Federal Decision-Making Portal at https://www.regulations.gov. To 
do so, go to https://www.regulations.gov, type USCG-2023-0286 in the 
search box and click ``Search.'' Next, look for this document in the 
Search Results column, and click on it. Then click on the Comment 
option. 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 proposed rule for alternate 
instructions.
    Viewing material in docket. To view documents mentioned in this 
proposed rule as being available in the docket, find the docket as 
described in the previous paragraph, and then select ``Supporting & 
Related Material'' in the Document Type column. Public comments will 
also be placed in our online docket and can be viewed by following 
instructions on the https://www.regulations.gov Frequently Asked 
Questions web page. Also, if you click on the Dockets tab and then the 
proposed rule, you should see a ``Subscribe'' option for email alerts. 
The option will notify you when comments are posted, or a final rule is 
published.
    We review all comments received, but we will only post comments 
that address the topic of the proposed rule. We may choose not to post 
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. 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).

List of Subjects in 33 CFR Part 165

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

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 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, 70124; 33 CFR 1.05-1, 6.04-
1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.3.

0
2. Add Sec.  165.T01-0286 to read as follows:


Sec.  165.T01-0286  Safety Zone; Shrewsbury River, S-32 Bridge, 
Boroughs of Rumson and Sea Bright, NJ.

    (a) Location. The following area is a safety zone: All navigable 
waters of the Shrewsbury River, within a 100-yard radius of the center 
point of the S-32 Bridge, County Route 520 (Rumson Road) in the 
boroughs of Rumson and Sea Bright, New Jersey.
    (b) Definitions. As used in this section, Designated Representative 
means a Coast Guard Officer, 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 New York (COTP) in the enforcement of the safety zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, no person or vessel may enter the safety zone 
described in paragraph (a) of this section unless authorized by the 
Captain of the Port (COTP) or the COTP's designated representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative via VHF channel 16 or by phone at (718) 354-4353 (Sector 
New York Command Center). 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 is effective from September 
25, 2023, through December 31, 2024, but will only be enforced during 
periods when heavy lift operations at the new bridge are in progress.

    Dated: May 4, 2023.
Z. Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-10942 Filed 5-22-23; 8:45 am]
BILLING CODE 9110-04-P