Security Zone; San Juan, Puerto Rico, 18896-18898 [2021-07439]
Download as PDF
<![CDATA[
18896
Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Rules and Regulations
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
PART 501—REPORTING,
PROCEDURES AND PENALTIES
REGULATIONS
Authority: 8 U.S.C. 1189; 18 U.S.C. 2332d,
2339B; 19 U.S.C. 3901–3913; 21 U.S.C. 1901–
1908; 22 U.S.C. 287c, 2370(a), 6009, 6032,
7205, 8501–8551; Pub. L. 101–410, 104 Stat.
890, as amended (28 U.S.C. 2461 note); 31
U.S.C. 321(b); 50 U.S.C. 1701–1706, 4301–
4341.
Appendix A to Part 501 [Amended]
2. In section I.B. 7. of appendix A to
part 501, remove ‘‘$307,922’’ and add in
its place ‘‘$311,562’’.
■
Bradley T. Smith,
Acting Director, Office of Foreign Assets
Control.
BILLING CODE 4810–AL–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2020–0445]
RIN 1625–AA87
Security Zone; San Juan, Puerto Rico
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Final rule.
AGENCY:
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.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
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
VerDate Sep<11>2014
16:01 Apr 09, 2021
Jkt 253001
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
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
[FR Doc. 2021–07427 Filed 4–9–21; 8:45 am]
ADDRESSES:
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
ssjwwm@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
1. The authority citation for part 501
continues to read as follows:
■
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 200yards 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.
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
This rule finalized the proposed
revisions to the existing moving security
zone in § 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 50yards 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
E:\FR\FM\12APR1.SGM
12APR1
Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Rules and Regulations
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.
khammond on DSKJM1Z7X2PROD with RULES
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
VerDate Sep<11>2014
16:01 Apr 09, 2021
Jkt 253001
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
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
18897
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
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.
■
2. Revise § 165.758 to read as follows:
§ 165.758
Rico.
Security Zone; San Juan, Puerto
(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°28′17.8″ N, 066°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
E:\FR\FM\12APR1.SGM
12APR1
18898
Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Rules and Regulations
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 onscene 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
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 20–428; RM–11870; DA 21–
268; FR ID 17580]
Television Broadcasting Services;
Columbia, Missouri
the petition reaffirming its commitment
to applying for channel 27. The Bureau
believes the public interest would be
served by the substitution and will
permit KOMU–TV to better serve its
viewers, who have experienced
reception problems with VHF channel
8.
This is a synopsis of the
Commission’s Report and Order, MB
Docket No. 20–428; RM–11870; DA 21–
268, adopted March 4, 2021, and
released March 4, 2021. The full text of
this document is available for download
at https://www.fcc.gov/edocs. To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, do not apply to this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
List of Subjects in 47 CFR Part 73
Television.
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
On March 4, 2021, the Media
Bureau, Video Division (Bureau) issued
a Notice of Proposed Rulemaking in
response to a petition for rulemaking
filed by The Curators of the University
of Missouri (University), the licensee of
KOMU–TV, channel 8 (NBC/CW),
Columbia, Missouri, requesting the
substitution of channel 27 for channel 8
at Columbia in the DTV Table of
Allotments. For the reasons set forth in
the Report and Order referenced below,
the Bureau substitutes channel 27 for
channel 8 at Columbia.
DATES: Effective April 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Joyce Bernstein, Media Bureau, at (202)
418–1647 or Joyce.Bernstein@fcc.gov.
SUPPLEMENTARY INFORMATION: The
University filed comments in support of
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:01 Apr 09, 2021
Jkt 253001
Federal Communications Commission.
Thomas Horan.
Chief of Staff, Media Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICE
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, and 339.
§ 73.622 Digital television table of
allotments.
2. In § 73.622 in paragraph (i), amend
the Post-Transition Table of DTV
Allotments, under Missouri, by revising
■
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
the entry for Columbia to read as
follows:
*
*
*
*
*
(i) * * *
Community
*
*
Channel No.
*
*
*
MISSOURI
*
*
*
*
Columbia .................................
*
*
*
*
17, 27
*
*
[FR Doc. 2021–06391 Filed 4–9–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Chapter I
[WC Docket No. 20–89; FCC 21–24; FRS
17581]
COVID–19 Telehealth Program
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) takes the next steps in
funding the COVID–19 Telehealth
Program (Program) by expanding the
administrative responsibilities of the
Universal Service Administrative
Company (USAC). The Commission
finds it in the public’s interest to direct
USAC to administer the remainder of
Round 1 and all of Round 2 of the
Program under the Commission’s
oversight.
DATES: Effective April 12, 2021 and
applicable February 2, 2021.
FOR FURTHER INFORMATION CONTACT:
Stephanie Minnock, Wireline
Competition Bureau, 202–418–7400 or
by email at Stephanie.Minnock@fcc.gov.
We ask that requests for
accommodations be made as soon as
possible in order to allow the agency to
satisfy such requests whenever possible.
Send an email to fcc504@fcc.gov or call
the Consumer and Governmental Affairs
Bureau at (202) 418–0530.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s
document, Report and Order in WC
Docket No. 20–89; FCC 21–24, adopted
on February 2, 2021 and released on
February 2, 2021. Due to the COVID–19
pandemic, the Commission’s
headquarters will be closed to the
general public until further notice. The
SUMMARY:
E:\FR\FM\12APR1.SGM
12APR1
]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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
