Anchorage Regulation; San Juan Bay, San Juan, PR

Issuing agencies

Abstract

The Coast Guard is proposing to amend the special anchorage regulation in the Bah[iacute]a de San Juan, PR, known as Anchorage D, by revising the anchorage boundaries. The current boundaries of Anchorage D overlap with deep draft commercial vessel traffic routes within the San Antonio Channel, causing a hazard to navigation. The proposed amendment to the special anchorage regulation is necessary to protect personnel, vessels, and the marine environment from hazards associated with vessel traffic transiting the San Antonio Channel. We invite your comments on this proposed rulemaking.

Full Text

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<title>Federal Register, Volume 91 Issue 164 (Wednesday, August 26, 2026)</title>
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[Federal Register Volume 91, Number 164 (Wednesday, August 26, 2026)]
[Proposed Rules]
[Pages 55062-55064]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17419]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[Docket Number USCG-2026-0035]
RIN 1625-AA01


Anchorage Regulation; San Juan Bay, San Juan, PR

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to amend the special anchorage 
regulation in the Bah[iacute]a de San Juan, PR, known as Anchorage D, 
by revising the anchorage boundaries. The current boundaries of 
Anchorage D overlap with deep draft commercial vessel traffic routes 
within the San Antonio Channel, causing a hazard to navigation. The 
proposed amendment to the special anchorage regulation is necessary to 
protect personnel, vessels, and the marine environment from hazards 
associated with vessel traffic transiting the San Antonio Channel. We 
invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before September 25, 2026.

ADDRESSES: To submit comments and view available documents, go to 
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0035.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rule, contact Lieutenant Commander Rachel Thomas, Sector San 
Juan Waterways Management Division, U.S. Coast Guard; telephone 571-
613-1417, or email <a href="/cdn-cgi/l/email-protection#8fddeeece7eae3a1caa1dbe7e0e2eefccffafcece8a1e2e6e3"><span class="__cf_email__" data-cfemail="287a494b404d44066d067c404745495b685d5b4b4f06454144">[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 special anchorage area within for the Bah[iacute]a de San Juan, 
commonly referred to as Anchorage D, is codified in 33 CFR 110.74c. The 
current boundaries of Anchorage D overlap with deep draft commercial 
vessel traffic routes within the San Antonio Channel, causing a hazard 
to navigation. While Anchorage D and the deep draft channel were 
originally segregated, an Army Corps of Engineering project expanded 
the federally maintained deep draft segment of the San Antonio Channel 
to the east by approximately 1,000 feet, creating a substantial overlap 
with Anchorage D. The situation has been exacerbated by increased use 
of the Pan-American Pier by larger commercial vessels, especially 
cruise ships. This has created emerging operational challenges, 
resulting in frequent reports of safety hazards from cruise lines, the 
San Juan Bay Harbor Pilots, the Port Authority, and the San Juan 
Maritime Police, regarding the proximity of recreational vessels 
anchored within the portion of Anchorage Delta which overlaps with the 
deep draft shipping channel. Consequently, there is a persistent and 
recurring risk of collisions and maritime incidents.
    Commercial cruise ships, cargo ships, and ferries calling at the 
Pan-American Pier have limited maneuvering space, jeopardizing safe 
navigation when recreational vessels are anchored in the deep draft 
channel. These safety hazards are compounded by complex environmental 
and meteorological conditions within the Bah[iacute]a de San Juan. Wind 
and sea states in the harbor are primarily driven by the tropical trade 
wind system, which causes continuous diurnal shifts between onshore and 
offshore breezes. Furthermore, while interior waters are generally 
calm, heavy northern seas frequently generate a significant surge and 
undertow that propagates as far inland as the San Antonio Channel. 
These dynamic conditions, combined with unpredictable seasonal hazards 
such as winter swells and the Atlantic hurricane season, severely 
restrict vessel maneuverability.
    Vessel operators and the San Juan Bay Pilots must make a 
professional decision to either accept additional risk, or when the 
risks are unacceptably high, delay commercial vessel transits until the 
recreational vessels at Anchorage D can be relocated. However, anchored 
recreational vessels are typically within the existing designated and 
charted Anchorage D boundaries, making interventions tenuous. A recent 
case included the transit of a cruise ship almost 1,100 feet in length, 
with northeasterly winds of 20 knots, necessitating passing a 
recreational anchored vessel at a distance of 25 feet, adding evolution 
complexity and posing an unnecessary and avoidable navigation risk.
    The proposed revisions are necessary to establish a designated safe 
anchorage for recreational vessels and while mitigating the ongoing and 
imminent risk of collisions between recreational vessels and deep draft 
commercial ships using the federally maintained deep draft channel.
    Based on these findings, the Southeast District Commander has 
determined that amendments to the existing anchorage regulation is 
necessary. Specifically, the Coast Guard proposes to shift the 
Anchorage D boundary eastward so that it does not conflict with the 
deep draft navigation channel. The Anchorage D boundaries will be 
defined by four coordinates to further reduce confusion. The District 
Commander is proposing this rule under the authority in 33 U.S.C. 2071 
and 46 U.S.C. 70006 and 70034.

III. Discussion of the Rule

    This proposed rule would amend the special anchorage regulation in 
33 CFR

[[Page 55063]]

110.74c for the San Juan Harbor waters, shifting the western boundary 
of Anchorage D to the east to segregate the boundaries of the federally 
maintained deep draft San Antonio Channel from Anchorage D. It would 
define Anchorage D as follows: all waters encompassed within the 
following coordinates, starting at position 18[deg]27'37.94'' N, 
066[deg]05'33.44'' W, then south to position 18[deg]27'31.53'' N, 
066[deg]05'34.14'' W, then east to position 18[deg]27'30.52'' N, 
066[deg]05'25.53'' W, then north to position 18[deg]27'36.30'' N, 
066[deg]05'25.21'' W, then west, returning to position 
18[deg]27'37.94'' N, 066[deg]05'33.44'' W. A chartlet depicting the 
proposed location is included in the docket.
    Additionally, the Coast Guard is proposing that vessels transiting 
through Anchorage D would need to operate at a no-wake speed. We are 
proposing a no-wake speed at the anchorage to enhance safety by 
reducing vessel wake that can cause anchored vessels to surge, strain 
mooring equipment, and create hazardous conditions for personnel and 
small craft in the area. In addition, this restriction is intended to 
help protect endangered species present in the anchorage, such as the 
West Indian Manatee, by minimizing the risk of vessel strikes and 
disturbance to their habitat.
    Finally, the Coast Guard is proposing to redesignate Anchorage D as 
Sec.  110.76. The current section number, Sec.  110.74c, reflects a 
type of section numbering that is inconsistent with current section 
numbering practices followed by the Office of the Federal Register. 
This redesignation would move Anchorage D to the next available section 
number within part 110.

IV. Regulatory Analyses

    We developed this proposed 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 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. Section 605 of the RFA allows an agency to certify a rule, in 
lieu of preparing an analysis, if the rulemaking is not expected to 
have a significant economic impact on a substantial number of small 
entities. 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.
    While some owners or operators of vessels intending to use these 
anchorages may be small entities, for the reasons stated in section 
IV.A above, this proposed rule would not have a significant economic 
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), if this proposed 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).

B. Collection of Information

    This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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. 4321-4370 et seq.), 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 proposed rule is an anchorage regulation. It is categorically 
excluded from further review under paragraph L59(b) of Appendix A, 
Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 1. A Memorandum 
for Record supporting this determination is available in the docket.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type 
USCG-2026-0035 in the search box and click ``Search.'' Next, look for 
this document in the Search Results column, and click on it. Then click 
on the Comment option. If you cannot submit your material by using 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR 
FURTHER INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in the docket. To view available documents, find 
the docket as described in the previous paragraph, and then select 
``Supporting & Related Material'' in the Document Type column. We will 
post public comments in our online docket. Additional information is on 
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.

[[Page 55064]]

    Personal information. We accept anonymous comments. Comments we 
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard is 
proposing to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority:  33 U.S.C. 2071; 46 U.S.C. 70006, 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 00170.1, Revision 
No. 01.4.

0
2. Redesignate Sec.  110.74c as Sec.  110.76.
0
3. Revise Sec.  110.76 to read as follows:


Sec.  110.76  San Juan Harbor, San Juan, PR.

    (a) Location: The waters of Bah[iacute]a de San Juan, termed 
Anchorage D, including all waters encompassed within the following 
coordinates, starting at position 18[deg]27'37.94'' N, 
066[deg]05'33.44'' W, then south to position 18[deg]27'31.53'' N, 
066[deg]05'34.14'' W, then east to position 18[deg]27'30.52'' N, 
066[deg]05'25.53'' W, then north to position 18[deg]27'36.30'' N, 
066[deg]05'25.21'' W, then west, returning to position 
18[deg]27'37.94'' N, 066[deg]05'33.44'' W.
    (b) Regulation: Vessels transiting through Anchorage D shall 
operate at a no-wake speed.
* * * * *

    Dated: August 24, 2026.
Adam A. Chamie,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Southeast 
District.
[FR Doc. 2026-17419 Filed 8-25-26; 8:45 am]
BILLING CODE 9110-04-P


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