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

§ Section

U.S.C. United States Code

II. Background and Authority

The special anchorage area within for the Bahía 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 Bahía 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 ( printed 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°27′37.94″ N, 066°05′33.44″ W, then south to position 18°27′31.53″ N, 066°05′34.14″ W, then east to position 18°27′30.52″ N, 066°05′25.53″ W, then north to position 18°27′36.30″ N, 066°05′25.21″ W, then west, returning to position 18°27′37.94″ N, 066°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 § 110.76. The current section number, § 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 www.regulations.gov. To do so, go to www.regulations.gov, 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 www.regulations.gov, 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 www.regulations.gov Frequently Asked Questions web page. ( printed page 55064)

Personal information. We accept anonymous comments. Comments we post to www.regulations.gov 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).

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

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.

2. Redesignate § 110.74c as § 110.76.

3. Revise § 110.76 to read as follows:

91 FR 55062