The U.S. Coast Guard has issued a temporary final rule establishing a safety zone in the navigable waters off Fort Myers Beach, Florida. This measure, effective from September 11 through September 13, 2026, is designed to protect marine personnel, vessels, and the environment during the Roar Offshore high-speed boat race. Entry into this designated zone will be prohibited for all vessels and persons unless specifically authorized by the Captain of the Port (COTP), Sector St. Petersburg, or their designated representative.
The Need for a Safety Zone
The Coast Guard's decision stems from notification regarding the upcoming Roar Offshore high-speed boat race on Fort Myers Beach. The COTP St. Petersburg determined that the high speeds and maneuvers characteristic of such events present significant safety concerns for anyone in proximity to the racecourse. The establishment of this safety zone falls under the authority granted by 46 U.S.C. 70034, which empowers the Coast Guard to regulate navigation and vessels for safety purposes.
Expedited Rulemaking Process
Notably, this rule has been issued as a temporary final rule, bypassing the usual public notice and comment period. The Coast Guard cited good cause for this expedited process under 5 U.S.C. 553(b)(B), stating that it was notified of the event too late in the planning stages to solicit and respond to public comments before the September 11, 2026, effective date. For the same reason, the rule is being made effective less than 30 days after its publication in the Federal Register, as permitted by 5 U.S.C. 553(d)(3).
This waiver of standard procedure underscores situations where immediate action is deemed necessary to prevent potential harm. While public input is a cornerstone of federal rulemaking, safety concerns of an urgent nature can necessitate such deviations, balancing the public's right to comment against the immediate need for protective measures.
Delineation and Enforcement of the Zone
The safety zone encompasses a specific quadrilateral area of navigable waters off Fort Myers Beach. It connects four defined points: Point 1 at 26 degrees 26 minutes 27 seconds N, 081 degrees 55 minutes 55 seconds W; Point 2 at 26 degrees 25 minutes 33 seconds N, 081 degrees 56 minutes 34 seconds W; Point 3 at 26 degrees 26 minutes 38 seconds N, 081 degrees 58 minutes 40 seconds W; and Point 4 at 26 degrees 27 minutes 25 seconds N, 081 degrees 58 minutes 8 seconds W, then returning along the shoreline to Point 1. These coordinates are based on the World Geodetic System (WGS 84).
During the enforcement period, which runs from 8 a.m. to 6 p.m. daily from September 11 through September 13, 2026, unauthorized entry into this zone is strictly forbidden. Vessels or persons seeking permission to enter must contact the COTP or their designated representative via VHF-FM channel 16 or by telephone. Compliance with all lawful orders from the COTP or their representatives, who include Coast Guard Patrol Commanders and assisting Federal, State, and local officers, is mandatory.
Regulatory Considerations and Impacts
The Coast Guard has conducted various regulatory analyses, as required by statute and executive orders. Due to the waiver of notice and comment, the provisions of the Regulatory Flexibility Act of 1980 regarding flexibility analysis do not apply. The rule is not expected to create new information collection burdens under the Paperwork Reduction Act of 1995. Analyses under Executive Orders 13132 (Federalism) and 13175 (Indian Tribal Governments) determined that the rule is consistent with federalism principles and does not have tribal implications.
Furthermore, the rule is certified not to result in annual expenditures exceeding $100 million under the Unfunded Mandates Reform Act of 1995. Environmentally, the Coast Guard has determined that this action, categorized as a safety zone, does not individually or cumulatively have a significant effect on the human environment, falling under a categorical exclusion in Department of Homeland Security directives.
