[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Rules and Regulations]
[Pages 18896-18898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07439]


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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, Department of Homeland Security (DHS).

ACTION: Final rule.

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SUMMARY: The Coast Guard is revising an existing, moving security zone 
for the Port of San Juan, San Juan, Puerto Rico. The revision expands 
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 remains a 50-yard radius around the cruise ships. This action 
continues 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.

DATES: This rule is effective May 12, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2020-0445 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email LT Randy Johnston, 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 Information and Regulatory History

    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. In response, on November 2, 
2020, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled ``Security Zone; San Juan, Puerto Rico'' (85 FR 69299). There we 
stated why we issued the NPRM, and invited comments on our proposed 
regulatory action related to the adjustment of the security zone. 
During the comment period that ended December 2, 2020, we received no 
comments.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70034 (previously 33 U.S.C. 1231). The Captain of the Port San Juan 
(COTP) has determined that adjusting the security zone is necessary to 
better meet the safety and security needs of the Port of San Juan. The 
purpose of this rule 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.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
November 2, 2020. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule finalized the proposed revisions to the existing moving 
security zone in Sec.  165.758 from a 50-yard 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 
provides 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 remains at a 50-yard radius around the cruise 
ships. No vessel or person is permitted to enter the security zone 
without obtaining permission from the COTP or a designated 
representative.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. This rule has not been designated a ``significant 
regulatory action,'' under Executive Order 12866. Accordingly, this 
rule has not been reviewed by the Office of Management and Budget 
(OMB).
    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 security 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

[[Page 18897]]

term ``small entities'' comprises small businesses, not-for-profit 
organizations that are independently owned and operated and are not 
dominant in their fields, and governmental jurisdictions with 
populations of less than 50,000. The Coast Guard received no comments 
from the Small Business Administration on this rulemaking. The Coast 
Guard certifies under 5 U.S.C. 605(b) that this rule will not have a 
significant economic impact on a substantial number of small entities.
    While some owners or operators of vessels intending to transit the 
security zone may be small entities, for the reasons stated in section 
V.A above, this rule will not have a significant economic impact on any 
vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
call or email the contact listed in the FOR FURTHER INFORMATION CONTACT 
section.
    Small businesses may send comments on the actions of Federal 
employees who enforce, or otherwise determine compliance with, Federal 
regulations to the Small Business and Agriculture Regulatory 
Enforcement Ombudsman and the Regional Small Business Regulatory 
Fairness Boards. The Ombudsman evaluates these actions annually and 
rates each agency's responsiveness to small business. If you wish to 
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR 
(1-888-734-3247). The Coast Guard will not retaliate against small 
entities that question or complain about this rule or any policy or 
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132, 
Federalism, if it has a substantial direct effect on the States, on the 
relationship between the National Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it does not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule will not result in 
such an expenditure, we do discuss the effects of this rule elsewhere 
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Directive 023-01, Rev. 1, associated implementing instructions, and 
Environmental Planning COMDTINST 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321-4370f), and have determined that this action is one of 
a category of actions that do not individually or cumulatively have a 
significant effect on the human environment. This rule involves a 
revision to an existing security zone to 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 remains at a 50-yard radius around the cruise ships. 
It is categorically excluded from further review under paragraph L60(a) 
of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. 
A Record of Environmental Consideration supporting this determination 
is available in the docket. For instructions on locating the docket, 
see the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to call or email the person listed in the FOR 
FURTHER INFORMATION CONTACT section to coordinate protest activities so 
that your message can be received without jeopardizing the safety or 
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 46 U.S.C. 70034, 70051; 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 San Juan, Puerto Rico, or a designated Coast Guard commissioned, 
warrant, or petty officer. Those operating in the security zone with 
the Captain of the Port's authorization must comply with all lawful 
orders or directions given to them by the Captain of the Port or a 
designated representative.
    (2) 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.
    (3) 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

[[Page 18898]]

Guard Patrol Commander enforcing the security zone can be contacted on 
VHF-FM channels 16 and 22A.
    (4) Coast Guard Sector San Juan will, when necessary and 
practicable, notify the maritime community of periods during which the 
security zone will be in effect by providing advance notice of 
scheduled arrivals and departure of cruise ships via a Marine Broadcast 
Notice to Mariners.
    (5) 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: April 6, 2021.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-07439 Filed 4-9-21; 8:45 am]
BILLING CODE 9110-04-P