Proposed Rule2023-10942
Safety Zone; Shrewsbury River, S-32 Bridge, Boroughs of Rumson and Sea Bright, NJ
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Published
May 23, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
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.
Full Text
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<title>Federal Register, Volume 88 Issue 99 (Tuesday, May 23, 2023)</title>
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[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-10942]
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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.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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
<a href="/cdn-cgi/l/email-protection#204d454c414e49450e410e4855474845531160555343470e4d494c"><span class="__cf_email__" data-cfemail="98f5fdf4f9f6f1fdb6f9b6f0edfff0fdeba9d8edebfbffb6f5f1f4">[email protected]</span></a>.
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 <a href="https://www.rumsonseabrightbridge.com/">https://www.rumsonseabrightbridge.com/</a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To
do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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
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</html>Indexed from Federal Register on May 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.