[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Proposed Rules]
[Pages 62113-62115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24461]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 86, No. 214 / Tuesday, November 9, 2021 / 
Proposed Rules  

[[Page 62113]]



DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0840]
RIN 1625-AA08


Special Local Regulation; San Juan Bay for El Morro Downwind 
Challenge, San Juan, PR

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary special 
local regulation for certain waters of Bah[iacute]a de San Juan. This 
action is necessary to provide for the safety of life on these 
navigable waters east of Anegado Channel and San Antonio Channel, San 
Juan, PR, during a paddle board race on January 8, 2022. This proposed 
rulemaking would prohibit persons and vessels from being in the 
regulated area unless authorized by the Captain of the Port San Juan 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 December 9, 2021.

ADDRESSES: You may submit comments identified by docket number USCG-
2021-0840 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 on this rule, 
call or email Lieutenant Commander Christopher O'Connor, Sector San 
Juan Prevention Department, Waterways Management Division U.S. Coast 
Guard; telephone 787-729-2374, email [email protected].

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations

CFR Code of Federal Regulations
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 October 21, 2021, the School of Stand Up Paddle Board (SUP) 
notified the Coast Guard that it will be conducting a paddle board race 
from 8 a.m. until 12:00 p.m., on January 8, 2022. The paddle board race 
is schedule to start from Escuela Deportiva de Vela de Carolina going 
westward to El Morro, entering the San Juan Bay and finish at 
Bah[iacute]a Urbana in San Juan, PR. Hazards from the paddle board race 
include boarding in shallow rocky waters and bad weather conditions 
that lead to radical waves, currents, and winds. The Captain of the 
Port San Juan (COTP) has determined that potential hazards associated 
with the paddle board race would be a safety concern for anyone within 
a 100-yard radius of the paddle board race participants.
    The purpose of this rulemaking is to ensure the safety of 
participants, vessels, and the navigable waters within a 100-yard 
radius of the paddle board race route before, during, and after the 
scheduled event. 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 temporary special local 
regulation from 8 a.m. until 12 p.m., on January 8, 2022. The School of 
SUP is sponsoring the El Morro Downwind Challenge, where approximately 
50 competitors will participate in the SUP race around Isleta de San 
Juan. The regulated area would cover all navigable waters within 100 
yards of the paddle board race route from Escuela Deportiva de Vela de 
Carolina to the San Juan Bay in San Juan, PR. The duration of the zone 
is intended to ensure the safety of participants, vessels and these 
navigable waters before, during, and after the scheduled 8 a.m. until 
12 p.m. paddle board race. All persons and non-participating vessels 
are prohibited from entering, transiting through, anchoring in, or 
remaining within the regulated area 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. 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 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 regulated area. The 
regulated area will affect a small-designated area of Isleta de San 
Juan and San Juan Bay, during the event and thus is limited in scope. 
The temporary special local regulation will be enforced for only a 
total period of 4 hours and thus is limited in time, and during the 
evening when vessel traffic is normally low. Although persons and 
vessels will not be able to enter, transit through, anchor in, or 
remain within the zone without authorization from the Captain of the 
Port San Juan or a designated representative, they may operate in the 
surrounding area during the enforcement period. The rule will allow 
vessels to seek permission to enter the regulated area. Persons and 
vessels may still enter, transit through, anchor in, or remain within 
the regulated area during the enforcement period if authorized by the 
Captain of the Port San Juan or a designated representative. Moreover, 
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM 
marine channel 16 about the zone, and the rule would allow vessels to 
seek permission to enter the regulated area.

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

[[Page 62114]]

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 
regulated area 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 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 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 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 the 
creation of a temporary special local regulation in conjunction with a 
regatta or marine parade, lasting 4 hours that would prohibit entry of 
all non-participant personnel and vessels within 100 yards of the SUP 
race route to ensure the safety of the participants, participant 
vessels and the general public during the event. Normally such actions 
are categorically excluded from further review under paragraph L61 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 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- 2021-0840 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. 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).

[[Page 62115]]

List of Subjects in 33 CFR Part 100

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

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority:  46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec.  100.T799-0945 to read as follows:


Sec.  100.T799-0945  Special Local Regulation Safety zones; El Morro 
Downwind Challenge, from Carolina, PR to San Juan Bay, San Juan, PR.

    (a) Regulated area. The regulations in this section apply to the 
following area: Waters around Isleta San Juan including certain waters 
of San Juan Bay, from surface to bottom, encompassed by a line 
connecting the following points beginning at Escuela Deportiva de Vela 
de Carolina with coordinates 18[deg]27'5.4'' N, 65[deg]59'44.088'' W; 
thence east to 18[deg]27'35.316'' N, 65[deg]59'39.624'' W; thence 
north-west to 18[deg]27'42.48'' N, 66[deg]0'2.556'' W; thence north to 
18[deg]28'3.504'' N, 66[deg]0'6.264'' W; thence west to 
18[deg]28'22.548'' N, 66[deg]7'31.044'' W; thence south to 
18[deg]27'28.476'' N, 66[deg]6'59.328'' W; thence north-east to 
18[deg]27'48.708'' N, 66[deg]6'25.092'' W at the end point in Bahia 
Urbana. These coordinates are based on North American Datum 1983.
    (b) Definitions. As used in this section--
    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 Captain of the Port San Juan (COTP) in 
the enforcement of the regulations in this section.
    Participant means all persons and vessels registered with the event 
sponsor as a participants in the race.
    (c) Regulations. (1) All non-participants are prohibited from 
entering, transiting through, anchoring in, or remaining within the 
regulated area described in paragraph (a) of this section unless 
authorized by the Captain of the Port San Juan or their designated 
representative.
    (2) To seek permission to enter, contact the COTP or the COTP's 
representative by telephone at (787) 289-2041, or a designated 
representative via VHF radio on channel 16. Those in the regulated area 
must comply with all lawful orders or directions given to them by the 
COTP or the designated representative.
    (3) The COTP will provide notice of the regulated area through 
advanced notice via broadcast notice to mariners and by on-scene 
designated representatives.
    (d) Enforcement period. This section will be enforced from 8 a.m. 
until 12 p.m., on January 8, 2022.

Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-24461 Filed 11-8-21; 8:45 am]
BILLING CODE 9110-04-P