Rule2026-17874
Safety Zone; Fort Myers Beach, FL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 1, 2026
Effective
September 11, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters on Fort Myers Beach. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with high-speed boat racing. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector St. Petersburg, or their designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 168 (Tuesday, September 1, 2026)</title>
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[Federal Register Volume 91, Number 168 (Tuesday, September 1, 2026)]
[Rules and Regulations]
[Pages 56051-56052]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17874]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-1028]
RIN 1625-AA00
Safety Zone; Fort Myers Beach, FL
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 on Fort Myers Beach. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards associated with high-speed boat racing. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Sector St. Petersburg, or their designated
representative.
DATES: This rule is effective from September 11, 2026, through
September 13, 2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-1028.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact Lieutenant Ryan McNaughton, Sector St. Petersburg Prevention
Department, U.S. Coast Guard; telephone 813-918-7270, email
<a href="/cdn-cgi/l/email-protection#46343f27286827682b25282733212e3229280633352521682b2f2a"><span class="__cf_email__" data-cfemail="b1c3c8d0df9fd09fdcd2dfd0c4d6d9c5dedff1c4c2d2d69fdcd8dd">[email 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 the Roar Offshore high-
speed boat race will be occurring on the waters of Fort Myers Beach,
FL. The Captain of the Port (COTP) St. Petersburg has determined that
potential hazards associated with high-speed vessels are a safety
concern for anyone within the designated safety zone.
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 was notified of this
event too late in the planning process and we must establish this
safety zone by September 11, 2026, 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 September 11 through
September 13, 2026. The safety zone will cover all navigable waters in
Fort Myers Beach within the following points: Point 1 at 26[deg]26'27''
N, 081[deg]55'55'' W, thence to Point 2 at 26[deg]25'33'' N,
081[deg]56'34'' W, thence to Point 3 at 26[deg]26'38'' N,
081[deg]58'40'' W thence to Point 4 at 26[deg]27'25'' N, 081[deg]58'8''
W; thence returning to Point 1. Vessels and persons will not be allowed
to enter the zone during this time, unless authorized by the Captain of
the Port.
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
[[Page 56052]]
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 significant effect on the human environment.
This rule is a safety zone. 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; DHS Delegation No. 00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T07-1028 to read as follows:
Sec. 165.T07-1028 Safety Zone; Fort Myers Beach, FL.
(a) Location. The following area is a safety zone: All waters of
Fort Myers Beach from surface to bottom, encompassed by a line
connecting the following points beginning at 26[deg]26'27'' N,
081[deg]55'55'' W, thence to Point 2 at 26[deg]25'33'' N,
081[deg]56'34'' W, thence to Point 3 at 26[deg]26'38'' N,
081[deg]58'40'' W thence to Point 4 at 26[deg]27'25'' N, 081[deg]58'8''
W and along the shoreline back to the beginning point. These
coordinates are based on the World Geodetic System (WGS 84).
(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 St. Petersburg (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 (866) 881-1392.
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 8 a.m.
to 6 p.m. on September 11 through September 13, 2026.
Courtney A. Sergent,
Captain, U.S. Coast Guard, Captain of the Port Sector St. Petersburg.
[FR Doc. 2026-17874 Filed 8-31-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 1, 2026.
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