[Federal Register Volume 85, Number 212 (Monday, November 2, 2020)]
[Proposed Rules]
[Pages 69299-69301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-23884]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2020-0445]
RIN 1625-AA87


Security Zone; San Juan, Puerto Rico

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to revise an existing moving 
security zone for the Port of San Juan, San Juan, Puerto Rico. The 
proposed revision would expand the existing moving security zone to a 
200-yard radius around all cruise ships entering, departing, or 
anchored in the Port of San Juan. While the cruise ships are moored at 
the Port of San Juan, the security zone would remain at a 50-yard 
radius around the cruise ships. This action would continue to prohibit 
persons and vessels from entering, anchoring, mooring or transiting in 
the security zone, unless authorized by the Coast Guard Captain of the 
Port of San Juan or a designated representative. This action is 
necessary to better meet the safety and security needs of the Port of 
San Juan. We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before December 2, 2020.

ADDRESSES: You may submit comments identified by docket number USCG-
2020-0445 using the Federal eRulemaking 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 Lieutenant Natallia Lopez, Sector 
San Juan Prevention Department, Waterways Management Division, U.S. 
Coast Guard; telephone 787-729-2380, email [email protected].

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
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    The existing regulation in 33 CFR 165.758 contains a moving 
security zone of 50-yards around all cruise ships entering, departing, 
moored or anchored in the Port of San Juan, Puerto Rico. On May 27, 
2020, the Coast Guard received a request from Coast Guard Station San 
Juan to adjust the security zone to 200-yards to provide an adequate 
reaction zone for maritime security threats and hazards and to match 
similar security zones in other ports.
    The purpose of this rulemaking is to ensure the safety and security 
of cruise ships in the Port of San Juan while they are entering, 
departing, moored, and anchored in port. The Coast Guard is proposing 
this rulemaking under authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The proposed rule wouldrevise the existing moving security zone in 
Sec.  165.758 to a 200-yard radius around all cruise ships entering, 
departing, or anchored in the Port of San Juan, San Juan, Puerto Rico. 
Increasing the security zone from 50-yards to 200-yards while the 
cruise ships are in transit or anchored would provide law enforcement 
assets with more sufficient time to react in case of potential 
terrorist acts, sabotage, or other subversive acts, accidents, or 
hazards of a similar nature. While the cruise ships are moored, the 
security zone would remain at a 50-yard radius around the cruise ships. 
No vessel or person would be permitted to enter the security zone 
without obtaining permission from the COTP or a designated 
representative. 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.

[[Page 69300]]

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. Executive Order 13771 directs agencies to control 
regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt 
from the requirements of Executive Order 13771.
    This regulatory action determination is based on the size, 
available exceptions to the enforcement of the security zone, and 
notice to mariners. The regulated area will impact small designated 
areas of navigable channels within San Juan Harbor, San Juan, Puerto 
Rico. The rule will allow vessels to seek permission to enter, transit 
through, anchor in, or remain within the safety zone. Additionally, 
notifications to the marine community will be made through Local Notice 
to Mariners, Broadcast Notice to Mariners via VHF-FM marine channel 16, 
and on-scene representatives. The notifications will allow the public 
to plan operations around the affected areas.

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 proposed rule would 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 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 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 Federal 
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 person listed in the FOR 
FURTHER INFORMATION CONTACT section.

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 effects of this 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 a security 
zone that would establish a 200-yard radius around all cruise ships 
entering, departing, moored or anchored in the Port of San Juan, San 
Juan, Puerto Rico. While cruise ships are moored, the security zone 
would remain at a 50-yard radius around the cruise ships. Normally such 
actions are categorically excluded from further review under paragraph 
L60(a) in Table 3-1 of U.S. Coast Guard Environmental Planning 
Implementing Procedures. A preliminary Record of Environmental 
Consideration supporting this determination will be available in the 
docket where indicated under ADDRESSES. 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 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.

[[Page 69301]]

    We encourage you to submit comments through the Federal eRulemaking 
Portal at https://www.regulations.gov. If your material cannot be 
submitted using https://www.regulations.gov, call or email the person 
in the FOR FURTHER INFORMATION CONTACT section of this document for 
alternate instructions.
    We accept anonymous comments. All comments received will be posted 
without change to https://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and 
submissions in response to this document, see DHS's eRulemaking System 
of Records notice (85 FR 14226, March 11, 2020).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at https://www.regulations.gov and can be viewed by following that website's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

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; 33 CFR 1.05-1, 6.04-1, 6.04-
6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

0
2. Revise Sec.  165.758 to read as follows:


Sec.  165.758   Security Zone; San Juan, Puerto Rico.

    (a) Regulated area. A moving and fixed security zone is established 
in the following area:
    (1) The waters within a 200-yard radius around all cruise ships 
entering, departing, or anchored in the Port of San Juan, Puerto Rico 
beginning one mile north of the Bahia de San Juan Lighted Buoy #3, in 
approximate position 18[deg]28'17.8''N, 066[deg]07'36.4''W and 
continuing until the vessel passes this buoy on its departure from the 
port. All coordinates are North American Datum 1983.
    (2) The waters within a 50-yard radius around all cruise ships 
moored in the Port of San Juan, Puerto Rico.
    (b) Regulations. (1) No person or vessel may enter, transit or 
remain in the security zone unless authorized by the Captain of the 
Port (COTP), San Juan, Puerto Rico, or a designated Coast Guard 
commissioned, warrant, or petty officer. Those operating in the 
security zone with the COTP's authorization must comply with all lawful 
orders or directions given to them by the COTP or his designated 
representative.
    (2) Persons desiring to transit the area of the safety zones may 
contact the COTP San Juan or his designated representative to seek 
permission to transit the area. If permission is granted, all persons 
and vessels must comply with the instructions of the COTP or his 
designated representative.
    (3) Vessels encountering emergencies, which require transit through 
the moving security zone, should contact the Coast Guard patrol craft 
or Duty Officer on VHF Channel 16. In the event of an emergency, the 
Coast Guard patrol craft may authorize a vessel to transit through the 
security zone with a Coast Guard designated escort.
    (4) The Captain of the Port and the Duty Officer at Sector San 
Juan, Puerto Rico, can be contacted at telephone number 787-289-2041. 
The Coast Guard Patrol Commander enforcing the safety zone can be 
contacted on VHF-FM channels 16 and 22A.
    (5) Coast Guard Sector San Juan will, when necessary and 
practicable, notify the maritime community of periods during which the 
security zones will be in effect by providing advance notice of 
scheduled arrivals and departure of cruise ships via a Marine Broadcast 
Notice to Mariners.
    (6) All persons and vessels must comply with the instructions of 
on-scene patrol personnel. On-scene patrol personnel include 
commissioned, warrant, or petty officers of the U.S. Coast Guard. Coast 
Guard Auxiliary and local or state officials may be present to inform 
vessel operators of the requirements of this section, and other 
applicable laws.
    (c) Definition. As used in this section, cruise ship means a 
passenger vessel greater than 100 feet in length that is authorized to 
carry more than 150 passengers for hire, except for a ferry.

    Dated: October 23, 2020.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2020-23884 Filed 10-30-20; 8:45 am]
BILLING CODE 9110-04-P