Safety Zone; Atlantic Ocean, Culebra, Puerto Rico

Issuing agencies

Abstract

The Coast Guard is establishing a temporary safety zone for navigable waters within 200 yards of location 18[deg]19'25.42" N, 065[deg]19'43.55" W, adjacent to Playa Tamarindo Grande Beach, Culebra, Puerto Rico. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with unexploded ordnance and associated removal operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector San Juan, or their designated representative.

Full Text

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<title>Federal Register, Volume 91 Issue 199 (Friday, October 16, 2026)</title>
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[Federal Register Volume 91, Number 199 (Friday, October 16, 2026)]
[Rules and Regulations]
[Pages 65689-65690]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21161]



[[Page 65689]]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-1276]
RIN 1625-AA00


Safety Zone; Atlantic Ocean, Culebra, Puerto Rico

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 of location 18[deg]19'25.42'' N, 
065[deg]19'43.55'' W, adjacent to Playa Tamarindo Grande Beach, 
Culebra, Puerto Rico. The safety zone is needed to protect personnel, 
vessels, and the marine environment from potential hazards associated 
with unexploded ordnance and associated removal operations. Entry of 
vessels or persons into this zone is prohibited unless specifically 
authorized by the Captain of the Port, Sector San Juan, or their 
designated representative.

DATES: This rule is effective without actual notice from October 16, 
2026 through October 25, 2026. For the purposes of enforcement, actual 
notice will be used from October 9, 2026, until October 16, 2026.

ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-1276.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 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#386a595b505d54167d166c505755594b784d4b5b5f16555154"><span class="__cf_email__" data-cfemail="633102000b060f4d264d370b0c0e021023161000044d0e0a0f">[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 potential unexploded 
ordnance was identified adjacent to Playa Tamarindo Grande Beach, 
Culebra, Puerto Rico. Removal efforts are projected to occur in late 
October 2026. Hazards from unexploded military ordinance include 
accidental discharge and dangerous projectiles, which will obstruct 
vessel traffic, continuous diving operations, and various other 
activities which create underwater hazards for workers and the public. 
The Captain of the Port (COTP) San Juan has determined that potential 
hazards associated with ordnance and removal operations are a safety 
concern for anyone within 200 yards of the ordnance. 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.
    Because of these potential hazards, the Coast Guard is issuing this 
rule without prior notice and comment. As is authorized by 5 U.S.C. 
553(b)(B), 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. The Coast Guard must establish this 
safety zone by October 9, 2026, due to inherent ordnance hazards, to 
protect personnel, vessels, and the marine environment. Therefore, we 
do not have enough time to solicit and respond to comments.
    For the same reason, 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 from October 9 through October 
25, 2026. The safety zone will cover all navigable waters within 200 
yards of 18[deg]19'25.42'' N, 065[deg]19'43.55'' W, adjacent to Playa 
Tamarindo Grande Beach, Culebra, Puerto Rico. Vessels and persons will 
not be allowed to enter the zone during this time, unless authorized by 
the Captain of the Port, 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.
    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 5090.1 (series), which guide the Coast 
Guard in complying with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), and have determined that this action is one 
of a category of actions that do not individually or cumulatively have 
a

[[Page 65690]]

significant effect on the human environment.
    This rule is a safety zone. It is categorically excluded from 
further review under paragraph L60(d), as an emergency more than a week 
due to hazards from unexploded military ordinance include accidental 
discharge and dangerous projectiles, 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.T07-1276 to read as follows:


Sec.  165.T07-1276   Safety Zone; Atlantic Ocean, Culebra, PR.

    (a) Location. The following area is a safety zone: All waters, from 
surface to bottom, within 200 yards of location 18[deg]19'25.42'' N, 
065[deg]19'43.55'' W, adjacent to Playa Tamarindo Grande Beach, 
Culebra, Puerto Rico. These coordinates are based on the World Geodetic 
System (WGS 84)/North American Datum 83 (NAD 83).
    (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 Sector 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 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 (787) 289-2041. 
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 October 
9, 2026, through October 25, 2026.

Robert E. Stiles,
Captain, U.S. Coast Guard, Acting, Captain of the Port Sector San Juan.
[FR Doc. 2026-21161 Filed 10-15-26; 8:45 am]
BILLING CODE 9110-04-P


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