[Federal Register Volume 90, Number 144 (Wednesday, July 30, 2025)]
[Proposed Rules]
[Pages 35839-35841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-14394]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 90 , No. 144 / Wednesday, July 30, 2025 /
Proposed Rules
[[Page 35839]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0366]
RIN 1625-AA87
Security Zone; Base San Juan, San Juan, PR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to revise the Base San Juan
security zone in San Juan Puerto Rico. This action is needed for
national security reasons to protect the public and the Coast Guard
base from potential subversive acts. This proposed rulemaking would
prohibit persons and vessels from being in the security zone extending
120 yards seaward from the water's edge of the Coast Guard Base San
Juan unless authorized by the Captain of the Port Sector 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 August 29, 2025.
ADDRESSES: You may submit comments identified by docket number USCG-
2025-0366 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. This notice of proposed rulemaking
with its plain-language, 100-word-or-less proposed rule summary will be
available in this same docket.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Lieutenant Commander Carlos M.
Ortega-Perez, Waterways Management Division Chief, U.S. Coast Guard;
telephone 206-815-4377, 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
The Coast Guard docking facilities at Base San Juan in La Puntilla
Old San Juan, Puerto Rico are home to several Coast Guard cutters and
Coast Guard small boats. In the past, incidents of unknown vessels
mooring up to the Coast Guard piers have occurred. In addition,
suspected surveillance in the form of photography has been performed by
unknown individuals located in close proximity to the Coast Guard base
on more than one occasion. These incidents pose a potential threat to
national security and may lead to subversive acts against the personnel
or equipment located at the Coast Guard base. The Captain of the Port
(COTP) Sector San Juan has determined that potential threats associated
with the access to Base San Juan of unknown individuals would be a
safety concern for anyone within a 120-yard seaward from the water's
edge of the Coast Guard Base San Juan.
The proposed rule would make changes to the existing security zone
for Coast Guard Base San Juan described in 33 CFR 165.776, by revising
the latitudes and longitudes of the current security zone to address
the threat to national security by prohibiting all persons and vessels
from entering in, transiting through or remaining in a security zone
extending 120 yards seaward from the water's edge of the Coast Guard
Base San Juan. The Coast Guard may issue security zone regulations
under authority in 46 U.S.C. 70051 and 70124.
III. Discussion of Proposed Rule
The COTP Sector San Juan is proposing to amend the current security
zone in Sec. 165.776 to correct the latitudes and longitudes that
depicts the Coast Guard Base San Juan by extending the zone by 120
yards seaward from the water's edge of the base. No vessel or person
would be permitted to enter the security zone without obtaining
permission from the COTP Sector San Juan 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.
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 section 3(f) of 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 potential threats
to national security that may lead to subversive acts against the
personnel or equipment located at the Coast Guard base. This rule is
not a significant regulatory action because the security zone only
extends 120 yards from Base San Juan and does not impede any regular
vessel traffic (i.e., cruise ships, ferries, small passenger vessels,
etc.). Vessels will be able to transit safely around the zone. If a
vessel or person must temporarily transit through the proposed security
zone, permission may be requested from the COTP Sector San Juan or a
designated representative.
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
security
[[Page 35840]]
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 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 an
amendment of the current security zone that would prohibit entry within
120 yards seaward from the water's edge of the Coast Guard Base San
Juan, reducing the actual security zone to reflects the zone as it
appears in the NOAA nautical charts. Normally such actions are
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.
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-2025-0366 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. 01.4.
0
2. Revise Sec. 165.776 to read as follows:
[[Page 35841]]
Sec. 165.776 Security Zone; Security Zone; Base San Juan, San Juan,
PR.
(a) Location. The following area is a security zone: All waters
from surface to bottom, encompassed by an imaginary line connecting the
following points, beginning at Point 1 at 18[deg]27'39'' N,
066[deg]06'56'' W; then east to Point 2 at 18[deg]27'39'' N,
066[deg]06'52'' W; then south to Point 3 at 18[deg]27'33'' N,
066[deg]06'52'' W; then southwest to Point 4 at 18[deg]27'29'' N,
066[deg]06'57'' W; then west to Point 5 at 18[deg]27'29'' N,
066[deg]07'00'' W; then northwest to Point 6 at 18[deg]27'37'' N,
066[deg]07'10'' W; then north to Point 7 at 18[deg]27'46'' N,
066[deg]07'11'' W; then east back to shore at the northwest end of the
CG facility at Point 8 at 18[deg]27'46'' N, 066[deg]07'07'' W. These
coordinates are based upon 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 (COTP) Sector San Juan in the enforcement of the
security zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP Sector
San Juan or a designated representative.
(2) To seek permission to enter, contact the COTP Sector San Juan
or a designated representative by telephone at (787) 289-2041, or via
VHF-FM radio on channel 16 to request authorization. If authorization
is granted, all persons and vessels receiving such authorization must
comply with the instructions of the COTP Sector San Juan or a
designated representative. Those in the security zone must comply with
all lawful orders or directions given to them by the COTP Sector Juan
or the designated representative.
Dated: May 20, 2025.
Luis J. Rodr[iacute]guez,
Captain, U.S. Coast Guard, Captain of the Port Sector San Juan.
[FR Doc. 2025-14394 Filed 7-29-25; 8:45 am]
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