Security Zone; Philippine Sea, Pacific Ocean, Apra Harbor, Guam

Issuing agencies

Abstract

The Coast Guard is establishing a temporary security zone for certain navigable waters of the Philippine Sea in the Pacific Ocean in Apra Harbor, Guam. The Coast Guard will only enforce this rule when the United States government officials or other persons under the protection of the Secret Service are present or expected to be present. This action is necessary to protect the official party, public, and surrounding waterways from terrorist acts, sabotage, or other subversive acts. 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 161 (Friday, August 21, 2026)</title>
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[Federal Register Volume 91, Number 161 (Friday, August 21, 2026)]
[Rules and Regulations]
[Pages 54227-54228]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17097]



[[Page 54227]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-1070]
RIN 1625-AA87


Security Zone; Philippine Sea, Pacific Ocean, Apra Harbor, Guam

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary security zone for 
certain navigable waters of the Philippine Sea in the Pacific Ocean in 
Apra Harbor, Guam. The Coast Guard will only enforce this rule when the 
United States government officials or other persons under the 
protection of the Secret Service are present or expected to be present. 
This action is necessary to protect the official party, public, and 
surrounding waterways from terrorist acts, sabotage, or other 
subversive acts. Entry of vessels or persons into this zone is 
prohibited unless specifically authorized by the Captain of the Port, 
Forces Micronesia/Sector Guam.

DATES: This rule is effective from 9 a.m. ChST on August 27, 2026 
through 4 p.m. ChST on August 27, 2026. For the purposes of 
enforcement, actual notice by Marine Broadcast will be used from 0900-
1600 August 27, 2026.

ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-1070.

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#0a5d5d474d7f6b674a7f79696d24676366"><span class="__cf_email__" data-cfemail="653232282210040825101606024b080c09">[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
DHS Department of Homeland Security

II. Background and Authority

    The Coast Guard was requested by the Department of Homeland 
Security (DHS) to provide a security zone for an official DHS visit to 
include a multi asset tactical exercise. The Coast Guard is issuing 
this rule under authority in 46 U.S.C. 70034. The Captain of the Port 
(COTP) Forces Micronesia/Sector Guam has determined that a security 
zone is necessary to protect the official party, public, and 
surrounding waterways from terrorist acts, sabotage, or other 
subversive acts, accidents, or other events of a similar nature. The 
purpose of this rule is to ensure the security of vessels and navigable 
waters during the visit to USCG Station Apra Harbor and the waters of 
Apra Harbor by the United States government officials and other persons 
under the protection of the Secret Service.
    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. It is impracticable to publish an 
NPRM because we must establish this security zone by August 27, 2026. 
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 impracticable because immediate 
action is needed to protect the official party, public, and surrounding 
waterways from terrorist acts, sabotage, or other subversive acts, 
accidents, or other events of a similar nature.

III. Discussion of the Rule

    This rule establishes a temporary security zone from 9 a.m. to 4 
p.m. ChST on August 27, 2026. The security zone will cover all 
navigable waters of the Philippine Sea in a moving circle with a radius 
extending 250 yards from each Coast Guard vessel participating in the 
exercise area within Apra Harbor, Guam. No vessel or person will be 
permitted to enter the security zone without obtaining permission from 
the COTP or their designated representative.
    The Coast Guard will issue a Broadcast Notice to Mariners (BNM) 
over VHF marine radio on channel 16. The duration of the zone is 
intended to protect the official party, public, and surrounding 
waterways from terrorist acts, sabotage, or other subversive acts, 
accidents, or other events of a similar nature. Entry of vessels or 
persons into this zone is prohibited unless specifically authorized by 
the Captain of the Port (COTP) Forces Micronesia/Sector Guam.

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

[[Page 54228]]

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 involves a security zone lasting up to seven hours. 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. Add Sec.  165.T14-0069 to read as follows:


Sec.  165.T14-1070  Security Zone; Philippine Sea, Guam.

    (a) Location. The following area is a security zone: All navigable 
waters of the Philippine Sea in a moving circle with a radius extending 
250 yards from each Coast Guard vessel participating in the exercise 
area within Apra Harbor, Guam.
    (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, or local officer designated by or assisting the Captain 
of the Port (COTP) Forces Micronesia/Sector Guam 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 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 security 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 9 a.m. 
ChST to 4 p.m. ChST on August 27, 2026.

    Dated: August 17, 2026.
Jessica S. Worst,
Captain, U.S. Coast Guard, Captain of the Port, Guam.
[FR Doc. 2026-17097 Filed 8-20-26; 8:45 am]
BILLING CODE 9110-04-P


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