[Federal Register Volume 88, Number 221 (Friday, November 17, 2023)]
[Rules and Regulations]
[Pages 80136-80139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25447]


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

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: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing 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 and 
adjacent to 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.

DATES: This rule is effective from December 1, 2023, through December 
31, 2024.

[[Page 80137]]


ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2023-0286 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
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 Information and Regulatory History

    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. In 
response, on May 23, 2023, the Coast Guard published a notice of 
proposed rulemaking (NPRM) titled ``Safety Zone; Shrewsbury River, S-32 
Bridge, Boroughs of Rumson and Sea Bright, NJ'' (88 FR 33054). There we 
stated why we issued the NPRM and invited comments on our proposed 
regulatory action related to this safety zone. During the comment 
period that ended June 22, 2023, we received one comment, that is 
discussed in section IV below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause 
exists for making this rule effective less than 30 days after 
publication in the Federal Register. Delaying the effective date of 
this rule would be impracticable because immediate action is needed to 
respond to the potential safety hazards associated with replacement of 
the S-32 Bridge that will impact navigation along the Shrewsbury River.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034. 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received one comment on our NPRM published May 
23, 2023. The comment is in favor of the rule, however identified a 
variety of concerns including channel reduction and impact on velocity 
of current, on scene management of vessel traffic, project background, 
and the time of year for a portion of the waterway closures. 
Additionally, as you will notice as we address the comments below, we 
have made a change to the effective dates of the rule to account for a 
delay in the start date.
    The commenter expressed concerns with the reduced horizontal 
clearance of 37 feet and increasing the velocity of the current and 
vessels losing steerage and causing collisions and distress calls. The 
commenter stated that they lost steerage transiting the present draw 
bridge with an oncoming vessel, spun a full 180-degrees and hit the 
bridge fender system to avoid a collision. They also recommended a 
safety watch during the height of the summer season.
    Coast Guard is working closely with affected stake holders to 
ensure the full and partial channel closures will occur outside the 
peak recreational boating season. We will notify USCG Station Sandy 
Hook and New Jersey State Marine Police Carteret Station for their 
awareness during patrols. Also, the Coast Guard will ensure adequate 
notice and of this safety zone to mariners through dissemination of 
information through the Local Notice to Mariners. NOAA has also 
included the ``Bridge under construction'' label on Chart 12325 at 
<https://charts.noaa.gov/PDFs/12325.pdf> to increase awareness among 
mariners.
    The commenter stated there should be a safety presence directing 
marine traffic and not just a bridge tender who is worried about the 
bridge operation. The Coast Guard does not have the physical assets to 
provide a daily on scene presence during the enforcement periods. We 
will notify USCG Station Sandy Hook and New Jersey State Marine Police 
Carteret Station for their awareness during patrols.
    The commenter stated this rulemaking proposal did not start on 
March 15, 2023, with the request for waterway restrictions, nor in the 
past 75 days.
    The commenter also stated it is not a good idea for even a partial 
channel closure for a majority of the boating season and should occur 
after November 30 and before April 1.
    The Coast Guard proceeded with the rulemaking request once 
sufficient information was provided, as required by 33 CFR 165.5 
establishment procedures.
    The commenter stated ``there is multiple 180-foot by 64-foot crane 
barge spudded down in the channel while conducting heavy lift 
operations each week at the new bridge. We are not building the Tappan 
Zee Bridge here.'' The Coast Guard is receiving regular updates 
regarding the project's construction timelines. The current project 
schedule calls for one, 180-foot by 64-foot crane barge to spud down in 
the channel for five days. The Coast Guard does not determine the type 
of machinery used on construction projects.
    There are two updates to the information shared in the NPRM about 
the project. First, The Coast Guard is receiving regular updates 
regarding the project's scheduled timelines. The Coast Guard will 
publish any changes to the full channel closure dates in the Local 
Notice to Mariners. The public is urged to visit https://www.rumsonseabrightbridge.com/ for the most up to date information on 
timelines. Second, the half-channel closure horizontal clearance will 
be 37 feet 6 inches instead of the originally published 37 feet.
    As noted above there is one change to the regulatory text of this 
rule from the proposed rule in the NPRM. The Coast Guard is publishing 
this rulemaking to now be effective and enforceable from December 1, 
2023, to account for delays, through December 31, 2024, as originally 
stated. This rule now establishes a safety zone from December 1, 2023, 
through December 31, 2024, but will only be enforced during periods 
when heavy lift operations are in progress. The first full channel 
closure is anticipated to take place sometime between January 2024 and 
March 2024. 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.
    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, 6 inches. The Coast 
Guard is working closely with stakeholders to ensure full and partial 
closures will occur outside

[[Page 80138]]

of the peak recreational boating season. The safety zone covers 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. During periods of heavy lift 
operations, no vessel or person would be permitted to enter the safety 
zone without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this 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 rule has not been designated a ``significant 
regulatory action,'' under section 3(f) of Executive Order 12866, as 
amended by Executive Order 14094 (Modernizing Regulatory Review). 
Accordingly, this rule 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. This rule may 
affect owners or operators of vessels intending to transit the 
Shrewsbury River within a 100-yard radius of the center point of the S-
32 Bridge, some of which might be small entities. However, this safety 
zone will not have a significant economic impact on a substantial 
number of these entities because it is temporarily enforced, allows for 
deviation requests, and does not impact vessel transit significantly. 
Regarding the enforcement period, although this safety zone will be in 
effect from December 1, 2023, through December 31, 2024, vessels will 
only be prohibited from the regulated zone during periods of heavy lift 
operations in correspondence to the period of enforcement. Vessels will 
also be able to request deviation from this rule to transit through the 
safety zone during enforcement periods. Such requests would be 
considered on a case by-case basis and may be authorized by the COTP or 
a designated representative. For these reasons, the Coast Guard expects 
any impact of this rulemaking establishing a temporary safety zone on 
Shrewsbury River within a 100-yard radius of the center point of the S-
32 Bridge to be minimal and have no significant economic impact on 
small entities. The Coast Guard will notify the public of the 
enforcement periods 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 received no comments from the Small Business 
Administration on this rulemaking. The Coast Guard certifies under 5 
U.S.C. 605(b) that this 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 
safety zone may be small entities, for the reasons stated in section 
V.A. above, this 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 rule. If the 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 rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This 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 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 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 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 rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this 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 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,

[[Page 80139]]

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 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.

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.

    For the reasons discussed in the preamble, 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, 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 December 1, 
2023, through December 31, 2024, but will only be enforced during 
periods when heavy lift operations at the new bridge are in progress.

Zeita Merchant,
Captain, U.S. Coast Guard, Captain of the Port New York.
[FR Doc. 2023-25447 Filed 11-16-23; 8:45 am]
BILLING CODE 9110-04-P