Coast Guard Temporary Safety Zone for San Juan Harbor

Content

ACTION:

Temporary final rule.

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 https://www.regulations.gov 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 Rachel.E.Thomas@uscg.mil.

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 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

  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

Regulatory Text 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.

1. Add § 165.T07-0075 to read as follows:

§ 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°28′19.1″ N 66°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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