Rule2026-01064
Safety Zone; Philippine Sea, Pacific Ocean, Guam
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 21, 2026
Effective
January 26, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Philippine Sea in the Pacific Ocean north of Andersen Air Force Base, Guam. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a Department of War small Unmanned Aircraft System (sUAS) testing event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Forces Micronesia/Sector Guam.
Full Text
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<title>Federal Register, Volume 91 Issue 13 (Wednesday, January 21, 2026)</title>
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[Federal Register Volume 91, Number 13 (Wednesday, January 21, 2026)]
[Rules and Regulations]
[Pages 2488-2490]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01064]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0069]
RIN 1625-AA00
Safety Zone; Philippine Sea, Pacific Ocean, Guam
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain navigable waters of the Philippine Sea in the Pacific Ocean
north of Andersen Air Force Base, Guam. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards created by a Department of War small Unmanned Aircraft System
(sUAS) testing event. Entry of vessels or persons into this zone is
prohibited
[[Page 2489]]
unless specifically authorized by the Captain of the Port, Forces
Micronesia/Sector Guam.
DATES: This rule is effective from 1 p.m. ChST on January 26, 2026
through 10 p.m. ChST on January 30, 2026. For the purposes of
enforcement, actual notice by Marine Broadcast will be used daily from
0500-2200 January 26, 2026, until January 30, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0069.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact MSTC Laurel Siegrist, Forces Micronesia/Sector Guam Waterways
Management Division, U.S. Coast Guard; telephone 671-686-0092, or email
<a href="/cdn-cgi/l/email-protection#7720203a3002161a3702041410591a1e1b"><span class="__cf_email__" data-cfemail="2275756f6557434f62575141450c4f4b4e">[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
sUAS small Unmanned Aircraft System
U.S.C. United States Code
DoW Department of War
FBI Federal Bureau of Investigations
II. Background and Authority
The Coast Guard was requested by the Department of War's Strategic
Capabilities Office to provide a safety zone for a sUAS testing event.
The Captain of the Port (COTP) Forces Micronesia/Sector Guam has
determined that potential hazards associated with this military testing
event are a safety concern for anyone on the waters in the vicinity of
the operation. Therefore, the COTP is issuing this rule under the
authority in 46 U.S.C. 70034, which is needed to protect personnel,
vessels, and the marine environment in the navigable waters within the
safety zone.
The Coast Guard is issuing this temporary rule without prior notice
and comment under the authority in 5 U.S.C. 553(b)(B). This statutory
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.'' The Coast Guard finds that good cause exists for not
publishing a notice of proposed rulemaking (NPRM) with respect to this
rule because it is impracticable and contrary to the public interest.
The event requires the establishment of a safety zone by January 26,
2026, to ensure the safety of the public and marine environment. This
short timeframe makes it impracticable to publish an NPRM and receive
and respond to public comments.
For the same reasons, the Coast Guard finds that under 5 U.S.C.
553(d)(3), 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 contrary to the public interest
because immediate action is needed to provide for the safety of
personnel and vessels near the DoW sUAS testing event.
III. Discussion of the Rule
This rule establishes a temporary safety zone from January 26,
2026, through January 30, 2026, during specific enforcement periods to
include 1300 to 1700 ChST on January 26, 2026; from 0530 to 1530 ChST
on January 27, 2026; from 1430 to 2200 ChST on January 28, 2026; from
1200 to 2200 ChST on January 29, 2026; and TBD as needed January 30,
2026. The safety zone will cover all navigable waters of the Philippine
Sea in a defined area north of Andersen Air Force Base within the
boundaries from 13-37.50N x 144-53.50E to 13-38.50N x 144-51.00E to 13-
41.00N x 144-51.00E to 13-41.00N x 144-53.50E and back. No vessel or
person will be permitted to enter the safety zone without obtaining
permission from the COTP or their designated representative.
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 regulatory flexibility analysis provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that
are not subject to notice and comment. Because the Coast Guard has, for
good cause, waived the notice and comment requirement that would
otherwise apply to this rulemaking, the Regulatory Flexibility Act's
flexibility analysis provisions do not apply here.
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 for the following reasons.
Vessel traffic will be able to safely transit around this regulated
area. The enforcement period is during a time when vessel traffic is
normally low. In addition, the Coast Guard will issue a Broadcast
Notice to Mariners via VHF FM marine channel 16, which will allow small
entities to adjust their transit plans, and the rule is primarily
within military property and is in the best interest of national
defense.
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). 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.
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
[[Page 2490]]
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 safety zone. It is categorically excluded from
further review under paragraph L60(d) 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. Add Sec. 165.T14-0069 to read as follows:
Sec. 165.T14-0069 Safety Zone; Philippine Sea, Guam.
(a) Location. The following area is a safety zone: All waters of
the Philippine Sea in the Pacific Ocean, from surface to bottom,
encompassed by a line connecting the following points, beginning at
13[deg]37'30'' N, 144[deg]53'30'' E; thence to 13[deg]38'30'' N,
144[deg]51'00'' E; thence to 13[deg]41'00'' N, 144[deg]51'00'' E;
thence to 13[deg]41'00'' N, 144[deg]53'50'' E; and back to the point of
origin. These coordinates are based on the World Geodetic System (WGS
84).
(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) Forces Micronesia/Sector Guam in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general safety zone regulations in
subpart C of this part, you may not enter the safety zone described in
paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16 or by telephone at (671) 355-4824.
Those in the safety zone must comply with all lawful orders or
directions given to them by the COTP or the COTP's designated
representative.
(d) Enforcement periods. This section will be enforced from 1300 to
1700 ChST on January 26, 2026; from 0530 to 1530 ChST on January 27,
2026; from 1430 to 2200 ChST on January 28, 2026; from 1200 to 2200
ChST on January 29, 2026; and at times announced by Marine Broadcast as
needed on January 30, 2026.
Jessica S. Worst,
Captain, U.S. Coast Guard, Captain of the Port, Forces Micronesia/
Sector Guam.
[FR Doc. 2026-01064 Filed 1-20-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on January 21, 2026.
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