Security Zone; San Juan, Puerto Rico, 18896-18898 [2021-07439]

Download as PDF 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]


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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.

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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