Security Zone; Coast Guard Base San Juan, San Juan Harbor, Puerto Rico
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Abstract
The Coast Guard is revising the permanent security zone of the Coast Guard Base San Juan in San Juan, Puerto Rico. This security zone is necessary to protect the public and the Coast Guard base from potential subversive acts. This rulemaking prohibits entry of vessels or persons into this security zone extending 200 feet seaward from the water's edge of the Coast Guard Base San Juan unless specifically authorized by the Captain of the Port, Sector San Juan or their designated representative.
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<title>Federal Register, Volume 90 Issue 231 (Thursday, December 4, 2025)</title>
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[Federal Register Volume 90, Number 231 (Thursday, December 4, 2025)]
[Rules and Regulations]
[Pages 55812-55813]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-21909]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0366]
RIN 1625-AA87
Security Zone; Coast Guard Base San Juan, San Juan Harbor, Puerto
Rico
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Final rule.
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SUMMARY: The Coast Guard is revising the permanent security zone of the
Coast Guard Base San Juan in San Juan, Puerto Rico. This security zone
is necessary to protect the public and the Coast Guard base from
potential subversive acts. This rulemaking prohibits entry of vessels
or persons into this security zone extending 200 feet seaward from the
water's edge of the Coast Guard Base San Juan unless specifically
authorized by the Captain of the Port, Sector San Juan or their
designated representative.
DATES: This rule is effective January 5, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2025-0366.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact Lieutenant Commander Rachel E. Thomas, Sector San Juan,
Waterways Management Division Chief, Coast Guard; telephone (571) 613-
1417, email <a href="/cdn-cgi/l/email-protection#ecbe8d8f848980c2a9c2b88483818d9fac999f8f8bc2818580"><span class="__cf_email__" data-cfemail="3b695a58535e57157e156f5354565a487b4e48585c15565257">[email protected]</span></a>.
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 and Authority
The Coast Guard docking facilities at Base San Juan in La Puntilla
Old San Juan, Puerto Rico are home to several Coast Guard cutters and
Coast Guard small boats. The Coast Guard base has experienced a number
of potential threat incidents, including unknown vessels mooring up to
the Coast Guard piers and suspected photography surveillance by unknown
individuals located near the Coast Guard base. These incidents pose a
potential threat to national security and could lead to subversive acts
against the personnel or equipment located at the Coast Guard base. The
Captain of the Port (COTP) Sector San Juan has determined that
potential threats associated with the access of unknown individuals to
Base San Juan is a safety concern for anyone within 200 feet of the
water's edge of the Coast Guard Base San Juan. This final rule reduces
the existing security zone for Coast Guard Base San Juan described in
33 CFR 165.776 so it does not encroach on the navigable channel. The
rule sustains a sufficient security zone to address the potential
threat to national security by prohibiting all persons and vessels from
entering in, transiting through or remaining in a security zone
extending within 200 feet of the water's edge of the Coast Guard Base
San Juan.
On July 30, 2025, the Coast Guard published a notice of proposed
rulemaking (NRPM) titled, ``Security Zone; Base San Juan, San Juan,
PR'' (90 FR 35839). In that NRPM, we stated why we issued the NRPM and
invited comments on our proposed regulatory action related to this
security zone amendment.
Under the authority in 46 U.S.C. 70051 and 70124, the COTP has
determined that this rule is necessary to protect personnel, vessels,
the marine environment, and the Coast Guard base from potential
subversive acts. No vessel or person will be permitted to enter the
security zone without obtaining permission from the COTP or their
designated representative.
III. Discussion of Comments and the Rule
During the comment period that ended on August 29, 2025, we
received one comment. The commenter supported the establishment of the
security zone but asked why we chose 120 yards. The COTP San Juan has
reevaluated this distance and determined that the proposed 120-yard
zone was inconsistent with the proposed latitude and longitude
coordinates and would encroach upon the navigable channel. Therefore,
the final rule will implement a 200-foot security zone for the reasons
set forth below. The commenter expressed support for the use of proper
signage, barriers, or other appropriate boundaries to prevent
inadvertent crossings. Barriers and boundaries will not be installed as
they could interfere with operations. The revised security zone has
been reduced in size and no longer encroaches upon the navigable
channel, thereby minimizing the risk of inadvertent crossings. Further,
the final rule establishes a uniform distance of 200 feet from the
water's edge of Coast Guard Base San Juan, which is anticipated to be
more intuitive for mariners.
The final rule also corrects two typographical errors in the NPRM
proposed regulatory text by: (1) Eliminating the duplicate phrase
``Security Zone;'' in the title; and (2) correcting the name of
``Sector San Juan'' in the final sentence of the regulatory text, as
the word ``San'' was inadvertently omitted in the NPRM.
This rule establishes a security zone extending 200 feet seaward
from the water's edge of the base. No vessel or person is permitted to
enter the security zone without obtaining permission from the COTP or
their designated representative. The regulatory text appears at the end
of this document.
IV. 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.
A. Impact on Small Entities
The Coast Guard certifies that, although some small entities may
intend to transit the security zone above, this rule will not have a
significant economic impact on a substantial number of small entities,
as mandated by the Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612
for the following reasons. Vessel traffic will be able to safely
transit around this security zone. This security zone will only impact
a small, designated area and only extends 200 feet from Base San Juan.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this rule will affect your
small business, organization, or governmental jurisdiction and you have
questions, contact the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Small businesses may send comments to the Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards by calling 1-888-REG-FAIR (1-888-
734-3247).
[[Page 55813]]
B. 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).
C. Federalism and Indian Tribal Governments
We have analyzed this rule under Executive Order 13132, Federalism,
and have determined that it is consistent with the fundamental
federalism principles and preemption requirements described in that
Order.
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.
D. Unfunded Mandates Reform Act
As required by The Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538), the Coast Guard certifies that this rule will not result in
an annual expenditure of $100,000,000 or more (adjusted for inflation)
by a State, local, or tribal government, in the aggregate, or by the
private sector.
E. 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 is a security zone. 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.
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, 70124; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Revise Sec. 165.776 to read as follows:
Sec. 165.776 Security Zone; Base San Juan, San Juan, PR.
(a) Location. The following area is a security zone: All waters
from surface to bottom, within 200 feet of the water's edge of the
Coast Guard Base San Juan, bounded by the easternmost point at
18[deg]27'39'' N, 066[deg]06'56'' W and westernmost point at
18[deg]27'46'' N, 066[deg]07'07'' W. These coordinates are based upon
North American Datum 1983.
(b) Definitions. As used in this section, designated representative
means a Coast Guard Patrol Commander, including a Coast Guard coxswain,
petty officer, or other officer operating a Coast Guard vessel and a
Federal, State, and local officer designated by or assisting the
Captain of the Port (COTP) Sector San Juan in the enforcement of the
security zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP Sector
San Juan or a designated representative.
(2) To seek permission to enter, contact the COTP Sector San Juan
or a designated by telephone at (787) 289-2041, or via VHF-FM channel
16 to request authorization. Those in the security zone must comply
with all lawful orders or directions given to them by the COTP Sector
San Juan or the designated representative.
Dated: November 20, 2025.
Robert E. Stiles,
Captain, U.S. Coast Guard, Acting Captain of the Port, Sector San Juan.
[FR Doc. 2025-21909 Filed 12-3-25; 8:45 am]
BILLING CODE 9110-04-P
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