Rule2021-24717
Special Local Regulation; San Juan Bay for Jurakan Triathlon, San Juan, PR
Primary source
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Published
November 12, 2021
Effective
November 13, 2021
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation for navigable waters around the Isleta San Juan for the Jurakan triathlon event, San Juan, PR. The event includes a paddleboard competition around Isleta San Juan with approximately 30 competitive stand up paddleboard (SUP) participants. The temporary special local regulation is needed to protect personnel, vessels, and the marine environment from potential hazards created by the SUP race. The temporary special local regulation establishes a SUP race area where all persons and vessels, except those persons and vessels participating in or supporting the race, will be prohibited from entering, transiting, anchoring in, or remaining within the SUP race circuit unless specifically authorized by the Captain of the Port San Juan or a designated representative.
Full Text
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<title>Federal Register, Volume 86 Issue 216 (Friday, November 12, 2021)</title>
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[Federal Register Volume 86, Number 216 (Friday, November 12, 2021)]
[Rules and Regulations]
[Pages 62725-62727]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-24717]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2021-0775]
RIN 1625-AA08
Special Local Regulation; San Juan Bay for Jurakan Triathlon, San
Juan, PR
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation for navigable waters around the Isleta San Juan for the
Jurakan triathlon event, San Juan, PR. The event includes a paddleboard
competition around Isleta San Juan with approximately 30 competitive
stand up paddleboard (SUP) participants. The temporary special local
regulation is needed to protect personnel, vessels, and the marine
environment from potential hazards created by the SUP race. The
temporary special local regulation establishes a SUP race area where
all persons and vessels, except those persons and vessels participating
in or supporting the race, will be prohibited from entering,
transiting, anchoring in, or remaining within the SUP race circuit
unless specifically authorized by the Captain of the Port San Juan or a
designated representative.
DATES: This rule is effective from 8:00 a.m. through 11:00 a.m., on
November 13, 2021.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2021-0775 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
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 <a href="/cdn-cgi/l/email-protection#c586adb7acb6b1aab5ada0b7eb88eb8a86aaababaab785b0b6a6a2eba8aca9"><span class="__cf_email__" data-cfemail="86c5eef4eff5f2e9f6eee3f4a8cba8c9c5e9e8e8e9f4c6f3f5e5e1a8ebefea">[email protected]</span></a>.
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 Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable and
contrary to the public interest. The event is scheduled for November
13, 2021, and the Coast Guard did not have adequate time to clarify
amplifying information or process the course race review. It is
impracticable to publish an NPRM because we must establish this
temporary special local regulation by November 13, 2021 in order to
protect the public from the hazards associated with this event. Under 5
U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for
making this rule effective less than 30 days after publication in the
Federal Register. Delaying the effective date of this rule would be
impracticable and contrary to the public interest because immediate
action is needed to minimize the potential safety hazards associated
with the SUP race participants, participant vessels, and the general
public.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70041. The Captain of the Port San Juan (COTP) has determined that
potential hazards associated with the with the SUP race on November 13,
2021, will be a safety concern for anyone participating in the SUP race
circuit around Isleta San Juan which includes certain waters of San
Juan Bay. This rule is needed to protect participants, vessels, and the
marine environment in the navigable waters within the temporary special
local regulation while the duration of the SUP race as part of the
Jurakan triathlon.
IV. Discussion of the Rule
This rule establishes a temporary special local regulation from
8:00 a.m. through 11:00 a.m. on November 13, 2021. SUP Action
Paddleboard Co. is sponsoring the Jurakan Triathlon, where
approximately 30 competitors will participate in the SUP race around
Isleta San Juan. Small vessel craft including
[[Page 62726]]
an 18 ft. boat and 3 Jet Skis will be operating in the immediate area
as safety platforms. The temporary special local regulation establishes
a regulated area that will cover waters around Isleta San Juan,
including certain waters of San Juan Bay, San Juan, PR, designated as
the race area or SUP race circuit. The duration of the temporary
special local regulation is intended to protect participants, vessels,
and the marine environment in these navigable waters while the duration
of the SUP race. No vessel or person, except personnel and vessels
participating in the race, will be permitted to enter the regulated
area 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 rule being
limited in duration, size, and scope. The temporary special local
regulation will be enforced for a three hour period within certain
waters around Isleta San Juan and is limited in duration and size. The
rule is limited in scope as it will allow vessels to enter, transit
through, anchor in, or remain within the race areas, during the
enforcement period if authorized by the Captain of the Port San Juan or
a designated representative. Although persons and vessels will not be
able to enter, transit through, anchor in, or remain within the race
area, 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 Coast Guard will provide advance
notification of the temporary special local regulation to the local
maritime community by Broadcast Notice to Mariners via VHF-FM marine
channel 16.
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 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
regulated area 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 person 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. If
you believe this rule has implications for federalism or Indian tribes,
please call or email the person listed in the FOR FURTHER INFORMATION
CONTACT section above.
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 and Commandant Instruction M16475.1D, 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
the creation of a temporary special local regulation in conjunction
with a regatta or marine parade, lasting three hours that will prohibit
entry of non-participant personnel and vessels within the SUP race
circuit to ensure the safety of the participants, participant vessels
and the general public during the event. It is categorically excluded
from further review under paragraph L61 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,
[[Page 62727]]
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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:
PART 100--SAFETY PF 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.T07-0775 to read as follows:
Sec. 100.T07-0775 Jurakan Triathlon, Isleta San Juan, San Juan,
Puerto Rico.
(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 18[deg]27'34.2'' N,
66[deg]5'23.75'' W; thence north-east to 18[deg]27'46.22'' N,
66[deg]4'59.95'' W; thence north to 18[deg]28'14.05'' N,
66[deg]5'7.69'' W; thence west to 18[deg]28'13.62'' N, 66[deg]5'52.8''
W; keep west to 18[deg]28'21.54'' N, 66[deg]7'32.74'' W; thence south-
east to 18[deg]27'29.38'' N, 66[deg]6'59.22'' W; thence north-east to
18[deg]27'40.7'' N, 66[deg]6'18.43'' W; and along the end of San
Antonio Channel back to the beginning point at San Juan Bay Marina,
completing the SUP race circuit. 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 8:00
a.m. until 11:00 a.m., on November 13, 2021.
Gregory H. Magee,
Captain, U.S. Coast Guard, Captain of the Port.
[FR Doc. 2021-24717 Filed 11-10-21; 8:45 am]
BILLING CODE 9110-04-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.