Safety Zone; Shrewsbury River, S-32 Bridge, Boroughs of Rumson and Sea Bright, NJ, 33054-33056 [2023-10942]
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
PART 195—VESSEL CONTROL AND
MISCELLANEOUS SYSTEMS
114. The authority citation for part
195 is revised to read as follows:
■
Authority: 46 U.S.C. 2113, 3306, 3307; 49
U.S.C. App. 1804; E.O. 12234, 45 FR 58801,
3 CFR, 1980 Comp., p. 277; DHS Delegation
00170.1, Revision No. 01.3, paragraph
(II)(92).
§ 195.40–1
[Amended]
115. In § 195.40–1 remove paragraph
(h).
■
PART 199—LIFESAVING SYSTEMS
FOR CERTAIN INSPECTED VESSELS
116. The authority citation for part
199 is revised to read as follows:
■
Authority: 46 U.S.C. 3306, 3703; Pub. L.
103–206, 107 Stat. 2439; DHS Delegation
00170.1, Revision No. 01.3, paragraph
(II)(92).
117. Revise § 199.190(j) to read as
follows:
■
§ 199.190 Operational readiness,
maintenance, and inspection of lifesaving
equipment.
*
*
*
*
*
(j) Maintenance of falls. Each fall used
in a launching appliance must—
(1) Be inspected annually with special
regard for areas passing though sheaves;
and
(2) Be renewed when necessary due to
deterioration or at intervals of not more
than 5 years, whichever is earlier.
*
*
*
*
*
Dated: April 14, 2023.
W.R. Arguin,
Rear Admiral, U.S. Coast Guard, Assistant
Commandant for Prevention Policy.
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
§ Section
U.S.C. United States Code
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
II. Background, Purpose, and Legal
Basis
Coast Guard
33 CFR Part 165
[Docket Number USCG–2023–0286]
RIN 1625–AA00
lotter on DSK11XQN23PROD with PROPOSALS1
Safety Zone; Shrewsbury River, S–32
Bridge, Boroughs of Rumson and Sea
Bright, NJ
Coast Guard, DHS.
Notice of proposed rulemaking.
AGENCY:
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
SUMMARY:
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16:36 May 22, 2023
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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
melanie.a.hughes1@uscg.mil.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Table of Abbreviations
[FR Doc. 2023–08400 Filed 5–22–23; 8:45 am]
ACTION:
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 DecisionMaking 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.
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
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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.
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Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
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.rumsonseabright
bridge.com/.
The regulatory text we are proposing
appears at the end of this document.
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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
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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
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33055
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
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33056
Federal Register / Vol. 88, No. 99 / Tuesday, May 23, 2023 / Proposed Rules
requirements, Security measures,
Waterways.
lotter on DSK11XQN23PROD with PROPOSALS1
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
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16:36 May 22, 2023
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For the reasons discussed in the
preamble, the Coast Guard is proposing
to amend 33 CFR part 165 as follows:
ARCHITECTURAL AND
TRANSPORTATION BARRIERS
COMPLIANCE BOARD
36 CFR Part 1195
[Docket No. ATBCB–2023–0001]
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
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.
2. Add § 165.T01–0286 to read as
follows:
■
§ 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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RIN 3014–AA45
Standards for Accessible Medical
Diagnostic Equipment
Architectural and
Transportation Barriers Compliance
Board.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Architectural and
Transportation Barriers Compliance
Board (hereafter, ‘‘Access Board’’ or
‘‘Board’’), is issuing this notice of
proposed rulemaking to remove the
sunset provisions in the Board’s existing
accessibility standards for medical
diagnostic equipment related to the lowheight specifications for transfer
surfaces, and replace them with a final
specification for the low-transfer-height
of medical diagnostic equipment used
in the supine, prone, side-lying position
and the seated position.
DATES: Send comments on or before July
24, 2023.
ADDRESSES: You may submit comments
by any one of the following methods:
• Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
• Email: docket@access-board.gov.
Include docket number ATBCB–2023–
0001 in the subject line of the message.
• Mail: Office of General Counsel,
U.S. Access Board, 1331 F Street NW,
Suite 1000, Washington, DC 20004–
1111.
Instructions: All submissions must
include the docket number (ATBCB–
2023–0001) for this regulatory action.
All comments received will be posted
without change to https://
www.regulations.gov, including any
personal information provided.
Docket: For access to the docket to
read background documents or
comments received, go to https://
www.regulations.gov/docket/ATBCB2023-0001.
FOR FURTHER INFORMATION CONTACT:
Accessibility Specialist Bobby Stinnette,
(202) 272–0021, stinnette@accessboard.gov; or Attorney Advisor Wendy
Marshall, (202) 272–0043, marshall@
access-board.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Legal Authority
Section 510 of the Rehabilitation Act
charges the Access Board with
developing and maintaining minimum
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]]>Agencies
[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
