90 FR 144 pgs. 35839-35841 - Security Zone; Base San Juan, San Juan, PR
Type: PRORULEVolume: 90Number: 144Pages: 35839 - 35841
Pages: 35839, 35840, 35841Docket number: [Docket Number USCG-2025-0366]
FR document: [FR Doc. 2025-14394 Filed 7-29-25; 8:45 am]
Agency: Homeland Security Department
Sub Agency: Coast Guard
Official PDF Version: PDF Version
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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.
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 Carlos.M.Ortega-Perez@uscg.mil.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
§ 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 §?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.
[top] While some owners or operators of vessels intending to transit the security
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
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.
2. Revise §?165.776 to read as follows:
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(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°27'39? N, 066°06'56? W; then east to Point 2 at 18°27'39? N, 066°06'52? W; then south to Point 3 at 18°27'33? N, 066°06'52? W; then southwest to Point 4 at 18°27'29? N, 066°06'57? W; then west to Point 5 at 18°27'29? N, 066°07'00? W; then northwest to Point 6 at 18°27'37? N, 066°07'10? W; then north to Point 7 at 18°27'46? N, 066°07'11? W; then east back to shore at the northwest end of the CG facility at Point 8 at 18°27'46? N, 066°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. Rodríguez,
Captain, U.S. Coast Guard, Captain of the Port Sector San Juan.
[FR Doc. 2025-14394 Filed 7-29-25; 8:45 am]
BILLING CODE 9110-04-P