Rule2026-08733
Regulated Navigation Area; Raritan River, Perth Amboy, NJ
Primary source
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Published
May 5, 2026
Effective
May 5, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary regulated navigation area (RNA) on the Raritan River near the Raritan River Railroad Swing Bridge (mile 0.5) in Perth Amboy, NJ, due to bridge replacement construction. The RNA imposes a "Slow-No Wake" speed restriction, prohibits vessel transit in the south span channel, and other restrictions. Full enforcement periods of the regulated area, prohibiting all vessel entry, will be implemented only during hazardous construction operations involving multiple tugs and large barges maneuvering in and obstructing the navigable channel. This rule is necessary to protect personnel, vessels, and the marine environment from construction-related hazards.
Full Text
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<title>Federal Register, Volume 91 Issue 86 (Tuesday, May 5, 2026)</title>
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[Federal Register Volume 91, Number 86 (Tuesday, May 5, 2026)]
[Rules and Regulations]
[Pages 24121-24124]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08733]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0149]
RIN 1625-AA11
Regulated Navigation Area; Raritan River, Perth Amboy, NJ
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary interim rule and request for comments.
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SUMMARY: The Coast Guard is establishing a temporary regulated
navigation area (RNA) on the Raritan River near the Raritan River
Railroad Swing Bridge (mile 0.5) in Perth Amboy, NJ, due to bridge
replacement construction. The RNA imposes a ``Slow-No Wake'' speed
restriction, prohibits vessel transit in the south span channel, and
other restrictions. Full enforcement periods of the regulated area,
prohibiting all vessel entry, will be implemented only during hazardous
construction operations involving multiple tugs and large barges
maneuvering in and obstructing the navigable channel. This rule is
necessary to protect personnel, vessels, and the marine environment
from construction-related hazards.
DATES: This rule is effective without actual notice from May 5, 2026
through June 30, 2030. For the purposes of enforcement, actual notice
will be used from April 15, 2026, until May 5, 2026. Comments and
related material must be received by the Coast Guard on or before
August 3, 2026.
ADDRESSES: You may submit comments identified by docket number USCG-
2026-0149 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. To
view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search
for USCG-2026-0149.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact Mr. Jeffrey Yunker, Sector New York Waterways Management
Division, U.S. Coast Guard; telephone 571-607-2628, or email
<a href="/cdn-cgi/l/email-protection#c48ea1a2a2b6a1bdea89ea9db1aaafa1b684b1b7a7a3eaa9ada8"><span class="__cf_email__" data-cfemail="367c53505044534f187b186f43585d53447643455551185b5f5a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
RNA Regulated Navigation Area
Sec. Section
U.S.C. United States Code
II. Background and Authority
On January 12, 2026, SKANSKA KOCH under contract with New Jersey
Transit notified the Coast Guard they are building a new vertical lift
bridge west of the existing Raritan River Railroad Swing Bridge (mile
0.5). The scope of this project will include erection of a new vertical
lift bridge, associated towers, and flanking spans as well as the
demolition of the swing span truss that currently spans the Raritan
River between Perth Amboy and South Amboy, NJ. Multiple tugs and large
barges will be maneuvering in and around the navigable channel. With
multiple barges part of the transloading and jacking process of
construction, flanking and lift spans will be raised twenty feet above
the waterway and barges will be in a ballast condition with minimal
freeboard during operations raising concern from passing vessels wake
and surge and concerns of vessels near the construction worksite. Based
on the hazardous condition created by this construction project, the
Northeast Coast Guard District Commander has determined that
establishment of a temporary RNA through rulemaking is warranted to
ensure the safety of life, property, and the environment within the
regulated area.
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Commander of the Northeast Coast Guard District has
determined that potential hazards associated with this bridge
construction will continue to exist through June 30, 2030, creating a
safety concern for anyone transiting the Raritan River in the vicinity
of the Railroad Swing Bridge removal and replacement bridge
construction project. This rule is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
regulated area while bridge replacement operations are taking place.
The Coast Guard is issuing this rule without prior notice and
comment. As is authorized by 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
[[Page 24122]]
contrary to the public interest. Construction to replace the Raritan
River Railroad Swing Bridge is currently underway, creating a hazardous
condition. Therefore, there is an urgent need for the RNA to protect
the safety of both the construction crew and the waterway users
operating in the vicinity of the bridge construction. An interruption
of the project to accommodate a full notice and comment period would
also delay necessary operations, result in increased costs, and
postponement to the completion date of the bridge project and
subsequent reopening of the replacement to the Raritan River Railroad
Swing Bridge for normal operations. We did not receive sufficient
notice to solicit comments prior to the establishment of this RNA.
Because of the hazards associated with the bridge construction and
replacement, the Coast Guard finds that under 5 U.S.C. 553(d)(3), 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 and contrary to public interest
because immediate action is needed to respond to the hazardous
conditions created by the replacement of the bridge that has already
commenced.
Although this regulation is published as a temporary interim rule
without prior notice, public comment is nevertheless desirable to
ensure that the regulation is both workable and reasonable.
Accordingly, persons wishing to comment may do so by submitting written
comments as set out under ADDRESSES section in this preamble.
Commenters should include their names and addresses, identify the
docket number for the regulation, and give reasons for their comments.
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.
III. Discussion of the Rule
This rule establishes an RNA from 12:01 a.m. on April 15, 2026,
until 11:59 p.m. on June 30, 2030.
The Coast Guard is creating a RNA as shown in figure 1, to include
all navigable waters of the Raritan River, mile 0.5, in the vicinity of
the Raritan River Railroad Swing Bridge, Perth Amboy, NJ, surface to
bottom, encompassed by a line connecting the following approximated
positions, beginning at 40[deg]30'04.06'' N, 074[deg]17'02.15'' W (NW
corner of Sandy Point, thence to 40[deg]29'59.30'' N,
074[deg]17'40.55'' W, thence southeast along the shoreline to
40[deg]29'29.55'' N, 074[deg]16'47.02'' W; thence to 40[deg]29'58.89''
N, 074[deg]16'29.49'' W; and thence westerly along the shoreline to the
point of origin, expressed in Degrees ([deg]) Minutes (') Seconds ('')
(DMS) based on North American Datum 1983 (NAD 83).
Figure 1--Chartlet Showing the Boundaries of the RNA
[GRAPHIC] [TIFF OMITTED] TR05MY26.001
The RNA will establish the following operating restrictions on
vessels:
(i) Entry and movement within the RNA is subject to a ``Slow-No
Wake'' speed limit. All vessels may not produce a wake and may not
attain speeds greater than five (5) knots unless a higher minimum speed
is necessary to maintain bare steerageway.
(ii) No vessel is permitted to transit through the south span
navigational channel of the bridge(s) at any given time.
(iii) Any vessel transiting through the RNA must make a direct
passage. No vessel may stop, fish, moor, anchor, or loiter within the
RNA at any time.
(iv) Vessels may not pass (overtake) another vessel within the RNA.
(v) Only one vessel is permitted to pass through the north span
navigational channel of the bridge(s) at any given time.
(vi) Except when transiting through the north span navigation
channel, no vessel or craft may operate within 20 feet of the
bridge(s).
(vii) The operator of any vessel transiting in the RNA must comply
with all lawful directions given to them by the COTP or the COTP's on-
scene representative.
(viii) When a full enforcement period of the regulated area is
activated, only vessel authorized by COTP may enter or remain within
the regulated area.
The ``Slow-No Wake'' speed limit, south channel closure, and other
restrictions--except for the limited full enforcement period
prohibiting vessels from entering the regulated area--will
[[Page 24123]]
be enforced throughout the entire effective period.
Full enforcement periods of the regulated area, which entails
prohibiting all vessel entry within the regulated area, will be
implemented only during hazardous construction operations involving
multiple tugs and large barges maneuvering in and obstructing the
navigable channel for heavy lift, construction, or demolition
activities at the Raritan River Railroad Swing Bridge (mile 0.5). These
intermittent full closures are anticipated to occur between July 1,
2026, and September 30, 2029.
Currently, six full enforcement periods are planned, during which
all vessel transits through the regulated area will be prohibited.
These dates are tentative and subject to change due to weather,
construction or supply chain delays, or other unforeseen circumstances.
SKANSKA KOCH will provide email updates to all stakeholders as the
project progresses and as the full closure dates and times are
finalized based on construction progress.
Full enforcement periods prohibiting vessels from entering the
regulated area are planned during the following approximate dates:
<bullet> July to August 2026, two separate one-day full-channel
closures to install Perth Amboy Counterweights.
<bullet> July to December 2027 one seven-day full channel closure
for Tower Erection.
<bullet> October 2027 to June 2028, Float-In South Amboy Flanking
Span, one seven-day full channel closure.
<bullet> October 2027 to June 2028, Float in Perth Amboy Flanking
Span, one, seven-day full channel closure.
<bullet> January to September 2028, Float in Lift Span, one 30-day
full channel closure.
<bullet> July to September 2029, Existing Swing Span Demolition,
one 14-day full channel closure.
All dates are tentative and subject to change. Details will be
provided as the relevant phase of the construction project approaches,
and the contractor is able to confirm specific dates and times based on
project progression, weather forecasts, supply chain status, and other
factors.
This regulated area and duration are intended to ensure the safety
of personnel, vessels, and these navigable waters during the bridge
construction and removal of the existing swing span and pivot pier.
The dates and times of the full enforcement periods, during which
all vessel transits through the regulated area will be prohibited, will
be published in the Local Notice to Mariners, posted on the Coast Guard
Navigation Center Maritime Safety Information Products page at <a href="https://www.navcen.uscg.gov/msi">https://www.navcen.uscg.gov/msi</a>, and issue a Broadcast Notice to Mariners via
marine channel 16 (VHF-FM) as soon as practicable in response to an
emergency or hazardous condition.
This rule will remain in effect through June 30, 2030, which should
accommodate the possibility of project delays due to unforeseen
circumstances. If the project is completed before June 30, 2030,
enforcement of the regulated navigation area will be suspended, and
notice will be provided via the Local Notice to Mariners.
The Coast Guard Northeast District Local Notice to Mariners can be
found at: <a href="https://www.navcen.uscg.gov/maritime-safety-information">https://www.navcen.uscg.gov/maritime-safety-information</a>.
IV. 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.
A. Impact on Small Entities
The regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 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.
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 et seq.), 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 is a regulated navigation area. 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
available in the docket.
VI. 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.
[[Page 24124]]
Submitting comments. We encourage you to submit comments 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-2026-0149 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 the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
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 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. 01.4.
0
2. Add Sec. 165.T01-0149 to read as follows:
Sec. 165.T01-0149 Regulated Navigation Area; Raritan River, Perth
Amboy, NJ.
(a) Location. The following area is a Regulated Navigation Area
(RNA): all navigable waters of the Raritan River, mile 0.5, in the
vicinity of the Raritan River Railroad Swing Bridge, Perth Amboy, NJ,
surface to bottom, encompassed by a line connecting the following
approximated positions, beginning at 40[deg]30'04.06'' N,
074[deg]17'02.15'' W (NW corner of Sandy Point, thence to
40[deg]29'59.30'' N, 074[deg]17'40.55'' W, thence southeast along the
shoreline to 40[deg]29'29.55'' N, 074[deg]16'47.02'' W; thence to
40[deg]29'58.89'' N, 074[deg]16'29.49'' W; and thence westerly along
the shoreline to the point of origin, expressed in Degrees ([deg])
Minutes (') Seconds ('') (DMS) based on North American Datum 1983 (NAD
83).
(b) Definitions. The following definitions apply to this section.
(1) 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 Northeast Coast Guard District Commander
in the enforcement of the regulated area.
(2) Local officer means any officer, agent, or employee of a unit
of local government authorized by law or by a local government agency
to engage in or supervise the prevention, detection, investigation, or
prosecution of any violation of criminal law.
(c) Regulations. In addition to the general RNA regulations in
Sec. 165.13, the following regulations apply to the RNA described in
paragraph (a) of this section.
(1) Nothing in this regulation relieves any vessel, owner,
operator, charterer, master, or person directing the movement of a
vessel, from the consequences of any neglect to comply with this part
or any other applicable law or regulation (i.e. the International
Regulations for Prevention of Collisions at Sea, 1972 (72 COLREGS) or
33 CFR part 84--Subchapter E, Inland Navigation Rules) or of the
neglect of any precaution which may be required by the ordinary
practice of seamen, or by the special circumstances of the case.
(2) Entry and movement within the RNA is subject to a ``Slow-No
Wake'' speed limit. All vessels may not produce a wake and may not
attain speeds greater than five (5) knots unless a higher minimum speed
is necessary to maintain bare steerageway.
(3) No vessel is permitted to transit through the south span
navigational channel of the bridge(s) at any given time.
(4) Any vessel transiting through the RNA must make a direct
passage. No vessel may stop, fish, moor, anchor, or loiter within the
RNA at any time.
(5) Vessels may not pass (overtake) another vessel within the RNA.
(6) Only one vessel is permitted to pass through the north span
navigational channel of the bridge(s) at any given time.
(7) Except when transiting through the north span navigation
channel, no vessel or craft may operate within 20 feet of the
bridge(s).
(8) The operator of any vessel transiting in the RNA must comply
with all lawful directions given to them by the COTP or the COTP's on-
scene representative.
(9) When a full enforcement period of the regulated area is
activated, only vessel authorized by COTP may enter or remain within
the RNA.
(d) Enforcement. The following enforcement periods and requirements
apply to this RNA.
(1) This section will be enforced from 12:01 a.m. on April 15,
2026, to 11:59 p.m. on June 30, 2030.
(2) The ``Slow-No Wake'' speed limit, south channel closure, and
other restrictions--except for the limited full enforcement period
prohibiting vessels from entering the regulated area--will be enforced
throughout the entire enforcement period.
(3) Full enforcement periods of the regulated area, prohibiting all
vessel entry, will be enforced only during hazardous construction
operations involving multiple tugs and large barges maneuvering in and
obstructing the navigable channel for heavy lift, construction, or
demolition activities. The Coast Guard will issue information on full
enforcement periods through Local Notice to Mariners, the Coast Guard
Navigation Center Maritime Safety Information Products page at <a href="https://www.navcen.uscg.gov/msi">https://www.navcen.uscg.gov/msi</a>, and Broadcast Notice to Mariners via marine
channel 16 (VHF-FM) as soon as practicable.
(4) Persons or vessels seeking to deviate from the restrictions
described in section (c) of this section or to enter the regulated area
during a full enforcement period must request authorization from the
COTP or the COTP's on-scene designated representative on VHF-16 or via
phone at (718) 354-4353.
Michael E. Platt,
Rear Admiral, U.S. Coast Guard, Commander, Northeast District.
[FR Doc. 2026-08733 Filed 5-4-26; 8:45 am]
BILLING CODE 9110-04-P
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