Rule2026-03138

Safety Zone; San Juan Harbor, San Juan, PR

Primary source

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Published
February 18, 2026
Effective
February 18, 2026

Issuing agencies

Homeland Security DepartmentCoast Guard

Abstract

The Coast Guard is establishing a temporary safety zone for navigable waters within 200 yards radius around the Barge DEFIANT grounded north of El Morro, east of the green buoy three, near the entrance of the San Juan Harbor. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the Barge DEFIANT grounding. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector San Juan.

Full Text

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<title>Federal Register, Volume 91 Issue 32 (Wednesday, February 18, 2026)</title>
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[Federal Register Volume 91, Number 32 (Wednesday, February 18, 2026)]
[Rules and Regulations]
[Pages 7399-7400]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03138]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-0075]
RIN 1625-AA00


Safety Zone; San Juan Harbor, San Juan, PR

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 
navigable waters within 200 yards radius around the Barge DEFIANT 
grounded north of El Morro, east of the green buoy three, near the 
entrance of the San Juan Harbor. The safety zone is needed to protect 
personnel, vessels, and the marine environment from potential hazards 
created by the Barge DEFIANT grounding. Entry of vessels or persons 
into this zone is prohibited unless specifically authorized by the 
Captain of the Port, Sector San Juan.

DATES: This rule is effective without actual notice from February 18, 
2026 through February 23, 2026. For the purposes of enforcement, actual 
notice will be used from February 9, 2026, until February 18, 2026.

ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0075.

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#590b383a313c35771c770d313634382a192c2a3a3e77343035"><span class="__cf_email__" data-cfemail="da88bbb9b2bfb6f49ff48eb2b5b7bba99aafa9b9bdf4b7b3b6">[email&#160;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 received notification that the Barge DEFIANT 
grounded north of El Morro, east of the green buoy three, near the 
entrance of the San Juan Harbor. The Captain of the Port (COTP) San 
Juan has determined that potential hazards associated with the vessel 
grounding are a safety concern for anyone within 200 yards radius 
around the grounded Barge DEFIANT barge. 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.
    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.

III. Discussion of the Rule

    This rule establishes a safety zone over all navigable waters 
within 200 yards radius of the current location of the Barge DEFIANT. 
The duration of the zone is intended to protect personnel, vessels, and 
the marine environment in these navigable waters while the Owning 
company of the vessel completes their salvage plan.

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.
    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

[[Page 7400]]

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 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.T07-0075 to read as follows:


Sec.  165.T07-0075   Safety Zone; San Juan Harbor, San Juan, PR.

    (a) Location. The following area is a safety zone: Certain waters 
of the Atlantic Ocean north of El Morro, east of the green buoy three, 
near the entrance of the San Juan Harbor, from surface to bottom, 
within 200 yards radius of 18[deg]28'19.1'' N 66[deg]07'30.5'' W, the 
current location of the Barge DEFIANT.
    (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 safety 
zone.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter, transiting through, 
anchoring in, or remaining within 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 by telephone at (787) 289-2041, or a designated 
representative via VHF-FM radio on channel 16 to request authorization. 
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 period. This section will be enforced from February 
9, 2026 February 23, 2026.

Robert E. Stiles,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector San Juan.
[FR Doc. 2026-03138 Filed 2-17-26; 8:45 am]
BILLING CODE 9110-04-P


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Indexed from Federal Register on February 18, 2026.

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