[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Rules and Regulations]
[Pages 62725-62727]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24717]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2021-0775]
RIN 1625-AA08


Special Local Regulation; San Juan Bay for Jurakan Triathlon, San 
Juan, PR

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary special local 
regulation for navigable waters around the Isleta San Juan for the 
Jurakan triathlon event, San Juan, PR. The event includes a paddleboard 
competition around Isleta San Juan with approximately 30 competitive 
stand up paddleboard (SUP) participants. The temporary special local 
regulation is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the SUP race. The 
temporary special local regulation establishes a SUP race area where 
all persons and vessels, except those persons and vessels participating 
in or supporting the race, will be prohibited from entering, 
transiting, anchoring in, or remaining within the SUP race circuit 
unless specifically authorized by the Captain of the Port San Juan or a 
designated representative.

DATES: This rule is effective from 8:00 a.m. through 11:00 a.m., on 
November 13, 2021.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to https://www.regulations.gov, type USCG-
2021-0775 in the search box and click ``Search.'' Next, in the Document 
Type column, select ``Supporting & Related Material.''

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 Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice 
and opportunity to comment pursuant to authority under section 4(a) of 
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This 
provision authorizes an agency to issue a rule without prior notice and 
opportunity to comment when the agency for good cause finds that those 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' Under 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 doing so would be impracticable and 
contrary to the public interest. The event is scheduled for November 
13, 2021, and the Coast Guard did not have adequate time to clarify 
amplifying information or process the course race review. It is 
impracticable to publish an NPRM because we must establish this 
temporary special local regulation by November 13, 2021 in order to 
protect the public from the hazards associated with this event. Under 5 
U.S.C. 553(d)(3), the Coast Guard finds that 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 the public interest because immediate 
action is needed to minimize the potential safety hazards associated 
with the SUP race participants, participant vessels, and the general 
public.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 46 U.S.C. 
70041. The Captain of the Port San Juan (COTP) has determined that 
potential hazards associated with the with the SUP race on November 13, 
2021, will be a safety concern for anyone participating in the SUP race 
circuit around Isleta San Juan which includes certain waters of San 
Juan Bay. This rule is needed to protect participants, vessels, and the 
marine environment in the navigable waters within the temporary special 
local regulation while the duration of the SUP race as part of the 
Jurakan triathlon.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 
8:00 a.m. through 11:00 a.m. on November 13, 2021. SUP Action 
Paddleboard Co. is sponsoring the Jurakan Triathlon, where 
approximately 30 competitors will participate in the SUP race around 
Isleta San Juan. Small vessel craft including

[[Page 62726]]

an 18 ft. boat and 3 Jet Skis will be operating in the immediate area 
as safety platforms. The temporary special local regulation establishes 
a regulated area that will cover waters around Isleta San Juan, 
including certain waters of San Juan Bay, San Juan, PR, designated as 
the race area or SUP race circuit. The duration of the temporary 
special local regulation is intended to protect participants, vessels, 
and the marine environment in these navigable waters while the duration 
of the SUP race. No vessel or person, except personnel and vessels 
participating in the race, will be permitted to enter the regulated 
area 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 rule being 
limited in duration, size, and scope. The temporary special local 
regulation will be enforced for a three hour period within certain 
waters around Isleta San Juan and is limited in duration and size. The 
rule is limited in scope as it will allow vessels to enter, transit 
through, anchor in, or remain within the race areas, during the 
enforcement period if authorized by the Captain of the Port San Juan or 
a designated representative. Although persons and vessels will not be 
able to enter, transit through, anchor in, or remain within the race 
area, 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 Coast Guard will provide advance 
notification of the temporary special local regulation to the local 
maritime community by 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 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 
regulated area 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 person 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. If 
you believe this rule has implications for federalism or Indian tribes, 
please call or email the person listed in the FOR FURTHER INFORMATION 
CONTACT section above.

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 and Commandant Instruction M16475.1D, 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 
the creation of a temporary special local regulation in conjunction 
with a regatta or marine parade, lasting three hours that will prohibit 
entry of non-participant personnel and vessels within the SUP race 
circuit to ensure the safety of the participants, participant vessels 
and the general public during the event. It is categorically excluded 
from further review under paragraph L61 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,

[[Page 62727]]

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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 100 as follows:

PART 100--SAFETY PF 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.T07-0775 to read as follows:


Sec.  100.T07-0775  Jurakan Triathlon, Isleta San Juan, San Juan, 
Puerto Rico.

    (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 18[deg]27'34.2'' N, 
66[deg]5'23.75'' W; thence north-east to 18[deg]27'46.22'' N, 
66[deg]4'59.95'' W; thence north to 18[deg]28'14.05'' N, 
66[deg]5'7.69'' W; thence west to 18[deg]28'13.62'' N, 66[deg]5'52.8'' 
W; keep west to 18[deg]28'21.54'' N, 66[deg]7'32.74'' W; thence south-
east to 18[deg]27'29.38'' N, 66[deg]6'59.22'' W; thence north-east to 
18[deg]27'40.7'' N, 66[deg]6'18.43'' W; and along the end of San 
Antonio Channel back to the beginning point at San Juan Bay Marina, 
completing the SUP race circuit. 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 8:00 
a.m. until 11:00 a.m., on November 13, 2021.

Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2021-24717 Filed 11-10-21; 8:45 am]
BILLING CODE 9110-04-P