Special Local Regulation; San Juan Bay for El Morro Downwind Challenge, San Juan, PR
| Published date | 09 November 2021 |
| Citation | 86 FR 62113 |
| Record Number | 2021-24461 |
| Section | Proposed rules |
| Court | Coast Guard |
Federal Register, Volume 86 Issue 214 (Tuesday, November 9, 2021)
[Federal Register Volume 86, Number 214 (Tuesday, November 9, 2021)]
[Proposed Rules]
[Pages 62113-62115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24461]
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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. 86, No. 214 / Tuesday, November 9, 2021 /
Proposed Rules
[[Page 62113]]
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0840]
RIN 1625-AA08
Special Local Regulation; San Juan Bay for El Morro Downwind
Challenge, San Juan, PR
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary special
local regulation for certain waters of Bah[iacute]a de San Juan. This
action is necessary to provide for the safety of life on these
navigable waters east of Anegado Channel and San Antonio Channel, San
Juan, PR, during a paddle board race on January 8, 2022. This proposed
rulemaking would prohibit persons and vessels from being in the
regulated area unless authorized by the Captain of the Port 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 December 9, 2021.
ADDRESSES: You may submit comments identified by docket number USCG-
2021-0840 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.
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Christopher O'Connor, Sector San
Juan Prevention Department, Waterways Management Division U.S. Coast
Guard; telephone 787-729-2374, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
On October 21, 2021, the School of Stand Up Paddle Board (SUP)
notified the Coast Guard that it will be conducting a paddle board race
from 8 a.m. until 12:00 p.m., on January 8, 2022. The paddle board race
is schedule to start from Escuela Deportiva de Vela de Carolina going
westward to El Morro, entering the San Juan Bay and finish at
Bah[iacute]a Urbana in San Juan, PR. Hazards from the paddle board race
include boarding in shallow rocky waters and bad weather conditions
that lead to radical waves, currents, and winds. The Captain of the
Port San Juan (COTP) has determined that potential hazards associated
with the paddle board race would be a safety concern for anyone within
a 100-yard radius of the paddle board race participants.
The purpose of this rulemaking is to ensure the safety of
participants, vessels, and the navigable waters within a 100-yard
radius of the paddle board race route before, during, and after the
scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
III. Discussion of Proposed Rule
The COTP is proposing to establish a temporary special local
regulation from 8 a.m. until 12 p.m., on January 8, 2022. The School of
SUP is sponsoring the El Morro Downwind Challenge, where approximately
50 competitors will participate in the SUP race around Isleta de San
Juan. The regulated area would cover all navigable waters within 100
yards of the paddle board race route from Escuela Deportiva de Vela de
Carolina to the San Juan Bay in San Juan, PR. The duration of the zone
is intended to ensure the safety of participants, vessels and these
navigable waters before, during, and after the scheduled 8 a.m. until
12 p.m. paddle board race. All persons and non-participating vessels
are prohibited from entering, transiting through, anchoring in, or
remaining within the regulated area without obtaining permission from
the COTP 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, 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 NPRM has not been designated a ``significant
regulatory action,'' under 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 the size,
location, duration, and time-of-day of the regulated area. The
regulated area will affect a small-designated area of Isleta de San
Juan and San Juan Bay, during the event and thus is limited in scope.
The temporary special local regulation will be enforced for only a
total period of 4 hours and thus is limited in time, and during the
evening when vessel traffic is normally low. Although persons and
vessels will not be able to enter, transit through, anchor in, or
remain within the zone without authorization from the Captain of the
Port San Juan or a designated representative, they may operate in the
surrounding area during the enforcement period. The rule will allow
vessels to seek permission to enter the regulated area. Persons and
vessels may still enter, transit through, anchor in, or remain within
the regulated area during the enforcement period if authorized by the
Captain of the Port San Juan or a designated representative. Moreover,
the Coast Guard would issue a Broadcast Notice to Mariners via VHF-FM
marine channel 16 about the zone, and the rule would allow vessels to
seek permission to enter the regulated area.
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
[[Page 62114]]
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
regulated area 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 the
creation of a temporary special local regulation in conjunction with a
regatta or marine parade, lasting 4 hours that would prohibit entry of
all non-participant personnel and vessels within 100 yards of the SUP
race route to ensure the safety of the participants, participant
vessels and the general public during the event. Normally such actions
are categorically excluded from further review under paragraph L61 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.
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.
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- 2021-0840 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. 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).
[[Page 62115]]
List of Subjects in 33 CFR Part 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T799-0945 to read as follows:
Sec. 100.T799-0945 Special Local Regulation Safety zones; El Morro
Downwind Challenge, from Carolina, PR to San Juan Bay, San Juan, PR.
(a) Regulated area. The regulations in this section apply to the
following area: Waters around Isleta San Juan including certain waters
of San Juan Bay, from surface to bottom, encompassed by a line
connecting the following points beginning at Escuela Deportiva de Vela
de Carolina with coordinates 18[deg]27'5.4'' N, 65[deg]59'44.088'' W;
thence east to 18[deg]27'35.316'' N, 65[deg]59'39.624'' W; thence
north-west to 18[deg]27'42.48'' N, 66[deg]0'2.556'' W; thence north to
18[deg]28'3.504'' N, 66[deg]0'6.264'' W; thence west to
18[deg]28'22.548'' N, 66[deg]7'31.044'' W; thence south to
18[deg]27'28.476'' N, 66[deg]6'59.328'' W; thence north-east to
18[deg]27'48.708'' N, 66[deg]6'25.092'' W at the end point in Bahia
Urbana. These coordinates are based on North American Datum 1983.
(b) Definitions. As used in this section--
Designated representative means a Coast Guard Patrol Commander,
including a Coast Guard coxswain, petty officer, or other officer
operating a Coast Guard vessel and a Federal, State, and local officer
designated by or assisting the Captain of the Port San Juan (COTP) in
the enforcement of the regulations in this section.
Participant means all persons and vessels registered with the event
sponsor as a participants in the race.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port San Juan or their designated
representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative by telephone at (787) 289-2041, or a designated
representative via VHF radio on channel 16. Those in the regulated area
must comply with all lawful orders or directions given to them by the
COTP or the designated representative.
(3) The COTP will provide notice of the regulated area through
advanced notice via broadcast notice to mariners and by on-scene
designated representatives.
(d) Enforcement period. This section will be enforced from 8 a.m.
until 12 p.m., on January 8, 2022.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the Port San Juan.
[FR Doc. 2021-24461 Filed 11-8-21; 8:45 am]
BILLING CODE 9110-04-P
