[Federal Register Volume 90, Number 107 (Thursday, June 5, 2025)]
[Rules and Regulations]
[Pages 23859-23861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-10221]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0458]
RIN 1625-AA00
Safety Zone; Big Carlos Pass Bridge, Fort Myers Beach, Florida
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters within a 150-yard radius of the Big Carlos Pass
Bridge. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards created by construction
work on the bridge. Entry of vessels or persons into this zone is
prohibited unless specifically authorized by the Captain of the Port
Sector St. Petersburg or a designated representative.
DATES: This rule is effective from June 10, 2025, through June 13,
2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0458 in the search box and click ``Search.'' Next, in the Document
Type column, select ``Supporting & Related Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
call or email Lieutenant Ryan McNaughton, Sector St. Petersburg
Prevention Department, Coast Guard; telephone (813) 228-2191, email
[email protected].
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 Information and Regulatory History
The Coast Guard is issuing this temporary rule under the authority
in 5 U.S.C. 553(b)(B). This statutory provision authorizes an agency to
issue a rule without prior notice and opportunity to comment when the
agency for good cause finds that those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' 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 lacks sufficient time to provide for a
comment period and then consider those comments before issuing the rule
since this rule is needed by June 10, 2025. Because of the potential
safety hazards associated with the placement of overhead beams for the
construction of the bridge, prompt action is needed to respond to the
safety hazards associated with the bridge construction. We must
establish the safety zone by June 10, 2025, to ensure the safety of the
public and the vessels transiting the waters near the bridge's
construction site.
Also, under 5 U.S.C. 553(d)(3), the Coast Guard finds that good
cause exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule is impracticable because prompt action is needed to respond
to the potential safety hazards associated with bridge construction of
the Big Carlos Pass Bridge.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034. The Captain of the Port (COTP) Sector St. Petersburg has
determined that potential hazards associated with bridge construction
starting June 10, 2025, will be a safety concern for anyone within a
150-yard radius of bridge construction vessels and machinery. This rule
is needed to protect personnel, vessels, and the marine environment in
the navigable waters within the safety zone while the bridge is being
constructed.
IV. Discussion of the Rule
This rule establishes a temporary safety zone that will be enforced
on June 10 and 12, 2025, from 8 a.m. to 5 p.m. with alternate dates on
June 11 and 13, 2025, from 8 a.m. to 5 p.m. The safety zone will cover
all navigable waters within 150 yards of vessels and machinery being
used by personnel to construct the new Big Carlos Pass Bridge. The
duration of the zone is intended to protect personnel, vessels, and the
marine environment in these navigable waters while the bridge is being
constructed. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or a designated
representative. A designated representative is a commissioned, warrant,
or petty officer of the Coast Guard assigned to units under the
operational control of the Coast Guard Sector St. Petersburg. Requests
for entry will be considered and reviewed on a case-by-case basis.
Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area by contacting
the COTP St. Petersburg or a designated representative via VHF radio on
channel 16. If authorization to enter, transit through, anchor in, or
remain within the regulated area is granted by the COTP St. Petersburg
or a designated representative, all persons and vessels receiving such
authorization must comply with the instructions of the COTP St.
Petersburg or a designated representative. The Coast Guard will provide
notice of the safety zone by Broadcast Notice to Mariners via VHF-FM
marine channel 16, and/or by on-scene designated representatives.
V. Regulatory Analyses
We developed this rule after considering numerous statutes and
[[Page 23860]]
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This rule has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on the size,
location, duration, and scope of the safety zone. The safety zone will
only be enforced for a limited period. This time extends over the
course of two days. Although persons and vessels are prohibited to
enter, transit through, anchor in, or remain within the regulated area,
without authorization from the COTP St. Petersburg or a designated
representative, they may operate in the surrounding area during the
enforcement period. The Coast Guard will provide advance notification
of the safety zone to the local maritime community by Local Notice to
Mariners and/or Broadcast Notice to Mariners.
B. 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
While some owners or operators of vessels intending to transit the
safety zone may be small entities, for the reasons stated in section
V.A above, this rule will not have a significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule will affect your small
business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email the person listed in the FOR FURTHER INFORMATION CONTACT
section.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 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.
C. 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).
D. Federalism and Indian Tribal Governments
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the National Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
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.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or Tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.
F. 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 involves a
safety zone lasting only 18 hours over a two-day period that will
prohibit entry within 150 yards of vessels and machinery being used by
personnel to construct the Big Carlos Pass Bridge. 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. For instructions on locating the docket, see the
ADDRESSES section of this preamble.
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.T07-0458 to read as follows:
Sec. 165.T07-0458 Safety Zone; Big Carlos Pass Bridge, Fort Myers
Beach, FL.
(a) Location. All navigable waters within 150 yards of vessels and
machinery being used by personnel to construct the new Big Carlos Pass
Bridge.
(b) Definitions. The term designated representative means Coast
Guard Patrol Commanders, including Coast Guard coxswains, petty
officers, and other officers operating Coast Guard vessels, and
Federal, state, and local officers designated by or assisting the
Captain of
[[Page 23861]]
the Port (COTP) St. Petersburg in the enforcement of the safety zone.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the Captain of the Port St. Petersburg or a designated
representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) Persons and vessels may request authorization to enter, transit
through, anchor in, or remain within the regulated area described in
paragraph (a) of this section by contacting the COTP St. Petersburg by
telephone at (727) 824-7506, or a designated representative via VHF
radio on channel 16. If authorization is granted by the COTP St.
Petersburg or a designated representative, all persons and vessels
receiving such authorization must comply with the instructions of the
COTP St. Petersburg or a designated representative.
(d) Enforcement period. This section will be enforced on June 10
and 12, 2025, from 8 a.m. to 5 p.m. Alternate enforcement dates are
June 11 and 13, 2025, from 8 a.m. to 5 p.m.
Dated: May 30, 2025.
Michael P. Kahle,
Captain, U.S. Coast Guard, Captain of the Port Saint Petersburg.
[FR Doc. 2025-10221 Filed 6-4-25; 8:45 am]
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