Safety Zone; Atlantic Ocean, Cocoa Beach, FL, 20108-20110 [2025-08288]
Download as PDF
<![CDATA[
20108
Federal Register / Vol. 90, No. 90 / Monday, May 12, 2025 / Rules and Regulations
2. Memorandum from H. Lee, Chemistry
Evaluation Branch, DFI, Office of PreMarket Additive Safety (OPMAS),
OFCSDSI, HFP, FDA to S. Hice, IFS,
OFCSDSI, HFP, FDA, April 28, 2025.
3. Memorandum from S. Thurmond,
Toxicology Review Branch, DFI,
OPMAS, OFCSDSI, HFP, FDA to S. Hice,
IFS, OFCSDSI, HFP, FDA, April 28,
2025.
List of Subjects in 21 CFR Part 73
Color additives, Cosmetics, Drugs,
Foods, Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under the
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 73 is
amended as follows:
PART 73—LISTING OF COLOR
ADDITIVES EXEMPT FROM
CERTIFICATION
1. The authority citation for part 73
continues to read as follows:
■
Authority: 21 U.S.C. 321, 341, 342, 343,
348, 351, 352, 355, 361, 362, 371, 379e.
2. Add § 73.167 to subpart A to read
as follows:
■
khammond on DSK9W7S144PROD with RULES
§ 73.167
Galdieria extract blue.
(a) Identity. (1) The color additive
galdieria extract blue is a liquid or
powder prepared by the filtered aqueous
extraction of the dried biomass of a nonpathogenic and non-toxigenic strain of
Galdieria sulphuraria. The biomass is
prepared by heterotrophic fermentation
of G. sulphuraria. The color additive
contains C-phycocyanin as the principal
coloring component.
(2) Color additive mixtures for food
use made with galdieria extract blue
may contain only those diluents that are
suitable and are listed in this subpart as
safe for use in color additive mixtures
for coloring foods.
(b) Specifications. Galdieria extract
blue must conform to the following
specifications and must be free from
impurities, other than those named, to
the extent that such other impurities
may be avoided by good manufacturing
practice:
(1) Lead, not more than 0.5 milligram/
kilogram (mg/kg) (0.5 parts per million
(ppm)).
(2) Arsenic, not more than 0.5 mg/kg
(0.5 ppm).
(3) Mercury, not more than 0.05 mg/
kg (0.05 ppm).
(4) Cadmium, not more than 0.5 mg/
kg (0.5 ppm).
(c) Uses and restrictions. Galdieria
extract blue may be safely used for
coloring non-alcoholic beverages and
beverage bases, fruit drinks, fruit
smoothies, fruit juices, vegetable juices,
dairy-based smoothies, milk shakes and
VerDate Sep<11>2014
15:50 May 09, 2025
Jkt 265001
flavored milks, yogurt drinks, milkbased meal replacement and nutritional
beverages, breakfast cereal coatings,
hard candy, soft candy and chewing
gum, flavored frostings, ice cream and
frozen dairy desserts, frozen fruits,
water ices and popsicles, gelatin
desserts, puddings and custards,
whipped cream, yogurt, frozen or liquid
creamers (including non-dairy
alternatives), and whipped toppings
(including non-dairy alternatives), at
levels consistent with good
manufacturing practice, except that it
may not be used to color foods for
which standards of identity have been
issued under section 401 of the Federal
Food, Drug, and Cosmetic Act, unless
the use of the added color is authorized
by such standards.
(d) Labeling. The label of the color
additive and of any mixture prepared
therefrom intended solely or in part for
coloring purposes must conform to the
requirements of § 70.25 of this chapter.
(e) Exemption from certification.
Certification of this color additive is not
necessary for the protection of the
public health, and therefore batches
thereof are exempt from the certification
requirements of section 721(c) of the
Federal Food, Drug, and Cosmetic Act.
Dated: May 6, 2025.
Grace R. Graham,
Deputy Commissioner for Policy, Legislation,
and International Affairs.
[FR Doc. 2025–08250 Filed 5–9–25; 8:45 am]
BILLING CODE 4164–01–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2025–0321]
RIN 1625–AA00
Safety Zone; Atlantic Ocean, Cocoa
Beach, FL
Coast Guard, Department of
Homeland Security (DHS).
ACTION: Temporary final rule.
AGENCY:
The Coast Guard is
establishing a temporary safety zone for
certain waters of the Atlantic Ocean
near Cocoa Beach, Florida. This safety
zone is needed to protect personnel,
vessels, and the marine environment
from potential hazards associated with
the Thunder on Cocoa Beach powerboat
racing event. Entry of vessels or persons
into this zone is prohibited unless
specifically authorized by the Captain of
SUMMARY:
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
the Port Jacksonville or a designated
representative.
This rule is effective daily from
8 a.m. until 6:30 p.m. on May 16, 2025,
through May 18, 2025.
DATES:
To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2025–
0321 in the search box and click
‘‘Search.’’ Next, in the Document Type
column, select ‘‘Supporting & Related
Material.’’
ADDRESSES:
If
you have questions about this rule, call
or email Marine Safety Technician First
Class Alex Christensen, Marine Safety
Unit Port Canaveral, U.S. Coast Guard;
telephone 321–868–5921, email
alex.m.christensen@uscg.mil.
FOR FURTHER INFORMATION CONTACT:
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 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 May 16, 2025. We
must establish the safety zone by May
16, 2025, to ensure the safety of the
public, and vessels transiting the waters
of the Atlantic Ocean near Cocoa Beach,
Florida during the race event.
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 would be impracticable and
contrary to the public interest because
prompt action is needed to respond to
the potential dangers to the public and
vessels during the race.
E:\FR\FM\12MYR1.SGM
12MYR1
Federal Register / Vol. 90, No. 90 / Monday, May 12, 2025 / Rules and Regulations
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) Jacksonville
has determined that potential hazards
associated with Thunder on Cocoa
Beach powerboat races will be a safety
concern for anyone within the described
boundary of this safety zone. This rule
is needed to protect personnel, vessels,
and the marine environment in the
navigable waters within the safety zone
while the event is taking place.
khammond on DSK9W7S144PROD with RULES
IV. Discussion of the Rule
This rule establishes a safety zone
daily from 8 a.m. until 6:30 p.m. on May
16, 2025, through May 18, 2025. The
safety zone will cover all navigable
waters within a set boundary located in
the Atlantic Ocean off the coast of Cocoa
Beach, FL. The duration of the zone is
intended to protect personnel, vessels,
and the marine environment in these
navigable waters during this event. No
vessel or person will be permitted to
enter the safety zone without obtaining
permission from the COTP Jacksonville
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 Jacksonville.
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 Captain
of the Port Jacksonville 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 Captain
of the Port Jacksonville or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Captain of the Port Jacksonville 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
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
VerDate Sep<11>2014
15:50 May 09, 2025
Jkt 265001
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.
Accordingly, this rule has not been
reviewed by the Office of Management
and Budget (OMB).
This regulatory action determination
is based on: (1) This rule involves a
safety zone that will prohibit persons
and vessels from entering, transiting
through, anchoring in, or remaining
within a limited area on the navigable
waters of Cocoa Beach, Florida, during
a racing event lasting ten and a half
hours daily for three days; (2) Although
persons and vessels may not enter,
transit through, anchor in, or remain
within the zone without authorization
from the COTP or a designated
representative, they will be able to
safely transit around this safety zone; (3)
persons and vessels may still enter,
transit through, anchor in, or remain
within the areas during the enforcement
period if authorized by the COTP or a
designated representative; and (4) the
Coast Guard will provide advance
notification of the zone to the local
maritime community by Broadcast
Notice to Mariners, or by on-scene
designated representatives.
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.
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
20109
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.
E:\FR\FM\12MYR1.SGM
12MYR1
20110
Federal Register / Vol. 90, No. 90 / Monday, May 12, 2025 / Rules and Regulations
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 ten and a half hours
each day over a three-day period that
will prohibit entry within a described
boundary off the coast of Cocoa Beach,
FL. 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:
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 (COTP) Jacksonville 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
Jacksonville or designated
representative.
(2) Designated representatives may
control vessel traffic throughout the
enforcement area as determined by the
prevailing conditions.
(3) To seek authorization to enter,
contact the COTP or the COTP’s
representative by telephone at (904)
714–7557, or an on-scene designated
representative via VHF–FM radio on
channel 16. If authorization is granted,
all persons and vessels receiving such
authorization must comply with the
instructions of the COTP Jacksonville or
a designated representative.
(d) Enforcement period. The safety
zone will be enforced daily, from 8 a.m.
to 6:30 p.m., from May 16, 2025,
through May 18, 2025. The Coast Guard
will provide notice of the regulated area
by Broadcast Notice to Mariners on
VHF–FM marine channel 16.
J.D. Espino-Young,
Captain, U.S. Coast Guard, Captain of the
Port Sector Jacksonville.
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
[FR Doc. 2025–08288 Filed 5–9–25; 8:45 am]
BILLING CODE 9110–04–P
■
DEPARTMENT OF COMMERCE
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. 01.3.
2. Add § 165.T07–0321 to read as
follows:
National Oceanic and Atmospheric
Administration
50 CFR Part 217
■
[Docket No. 250505–0077]
RIN 0648–BN12
khammond on DSK9W7S144PROD with RULES
§ 165.T07–0321 Safety Zone; Atlantic
Ocean, Cocoa Beach, FL.
(a) Location. The following area is a
safety zone: All waters of the Atlantic
Ocean, from surface to bottom,
encompassed by a line connecting the
following points beginning at 28°18.688′
N, 80°36.345′ W, thence to 28°18.685′ N,
80°35.617′ W, thence to 28°22.143′ N,
80° 35.225′ W, thence to28°22.330′ N,
80°35.996′ W, thence back to the
beginning point. These coordinates are
based on the 1984 World Geodetic
System (WGS 84).
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
VerDate Sep<11>2014
15:50 May 09, 2025
Jkt 265001
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Lower
Columbia River Dredged Material
Management Plan, Oregon and
Washington
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS, upon request from the
U.S. Army Corps of Engineers (USACE),
issues regulations to govern the
SUMMARY:
PO 00000
Frm 00028
Fmt 4700
Sfmt 4700
unintentional taking of marine
mammals incidental to implementation
of the Lower Columbia River Dredged
Material Management Plan in Oregon
and Washington over 5 years (2027–
2032). These regulations, which allow
for the issuance of a Letter of
Authorization (LOA) for the incidental
take of marine mammals during the
specified activities and timeframes,
prescribe the permissible methods of
taking and effecting the least practicable
adverse impact on marine mammal
species or stocks and their habitat, as
well as monitoring and reporting
requirements.
DATES: This rule is effective from
November 1, 2027 through February 29,
2032.
ADDRESSES: A copy of the USACE’s
application and any supporting
documents, as well as a list of the
references cited in this document, may
be obtained online at: https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-us-armycorps-engineers-lower-columbia-riverdredged-material.
In case of problems accessing these
documents, please call the contact listed
below.
FOR FURTHER INFORMATION CONTACT:
Robert Pauline, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Purpose and Need for Regulatory
Action
This rule establishes a framework
under the authority of the Marine
Mammal Protection Act (MMPA) (16
U.S.C. 1361 et seq.) to allow for the
authorization of take of marine
mammals incidental to the USACE’s
construction activities related to the
Lower Columbia River (LCR) Dredged
Materials Management Plan (DMMP).
We received an application from the
USACE requesting 5-year regulations
and authorization to take multiple
species of marine mammals. Take is
anticipated to occur incidental to
impact and vibratory pile driving, by
Level A and Level B harassment only.
Please see Background below for
definitions of harassment.
Legal Authority for the Action
Section 101(a)(5)(A)(i) of the MMPA
(16 U.S.C. 1371(a)(5)(A)(i)) directs the
Secretary of Commerce to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region for up to 5 years if,
after notice and public comment, the
E:\FR\FM\12MYR1.SGM
12MYR1
]]>Agencies
[Federal Register Volume 90, Number 90 (Monday, May 12, 2025)]
[Rules and Regulations]
[Pages 20108-20110]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-08288]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0321]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Cocoa Beach, FL
AGENCY: Coast Guard, Department of Homeland Security (DHS).
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Atlantic Ocean near Cocoa Beach, Florida. This
safety zone is needed to protect personnel, vessels, and the marine
environment from potential hazards associated with the Thunder on Cocoa
Beach powerboat racing event. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Jacksonville or a designated representative.
DATES: This rule is effective daily from 8 a.m. until 6:30 p.m. on May
16, 2025, through May 18, 2025.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to https://www.regulations.gov, type USCG-
2025-0321 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 Marine Safety Technician First Class Alex Christensen,
Marine Safety Unit Port Canaveral, U.S. Coast Guard; telephone 321-868-
5921, 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 May 16, 2025. We must establish the safety
zone by May 16, 2025, to ensure the safety of the public, and vessels
transiting the waters of the Atlantic Ocean near Cocoa Beach, Florida
during the race event.
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 would be impracticable and contrary to the public interest
because prompt action is needed to respond to the potential dangers to
the public and vessels during the race.
[[Page 20109]]
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) Jacksonville has determined that
potential hazards associated with Thunder on Cocoa Beach powerboat
races will be a safety concern for anyone within the described boundary
of this safety zone. This rule is needed to protect personnel, vessels,
and the marine environment in the navigable waters within the safety
zone while the event is taking place.
IV. Discussion of the Rule
This rule establishes a safety zone daily from 8 a.m. until 6:30
p.m. on May 16, 2025, through May 18, 2025. The safety zone will cover
all navigable waters within a set boundary located in the Atlantic
Ocean off the coast of Cocoa Beach, FL. The duration of the zone is
intended to protect personnel, vessels, and the marine environment in
these navigable waters during this event. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP Jacksonville 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 Jacksonville. 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 Captain of the Port Jacksonville 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
Captain of the Port Jacksonville or a designated representative, all
persons and vessels receiving such authorization must comply with the
instructions of the Captain of the Port Jacksonville 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
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.
Accordingly, this rule has not been reviewed by the Office of
Management and Budget (OMB).
This regulatory action determination is based on: (1) This rule
involves a safety zone that will prohibit persons and vessels from
entering, transiting through, anchoring in, or remaining within a
limited area on the navigable waters of Cocoa Beach, Florida, during a
racing event lasting ten and a half hours daily for three days; (2)
Although persons and vessels may not enter, transit through, anchor in,
or remain within the zone without authorization from the COTP or a
designated representative, they will be able to safely transit around
this safety zone; (3) persons and vessels may still enter, transit
through, anchor in, or remain within the areas during the enforcement
period if authorized by the COTP or a designated representative; and
(4) the Coast Guard will provide advance notification of the zone to
the local maritime community by Broadcast Notice to Mariners, or by on-
scene designated representatives.
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.
[[Page 20110]]
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 ten and a half hours each day over a three-day
period that will prohibit entry within a described boundary off the
coast of Cocoa Beach, FL. 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. 01.3.
0
2. Add Sec. 165.T07-0321 to read as follows:
Sec. 165.T07-0321 Safety Zone; Atlantic Ocean, Cocoa Beach, FL.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean, from surface to bottom, encompassed by a line
connecting the following points beginning at 28[deg]18.688' N,
80[deg]36.345' W, thence to 28[deg]18.685' N, 80[deg]35.617' W, thence
to 28[deg]22.143' N, 80[deg] 35.225' W, thence to28[deg]22.330' N,
80[deg]35.996' W, thence back to the beginning point. These coordinates
are based on the 1984 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 (COTP) Jacksonville 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
Jacksonville or designated representative.
(2) Designated representatives may control vessel traffic
throughout the enforcement area as determined by the prevailing
conditions.
(3) To seek authorization to enter, contact the COTP or the COTP's
representative by telephone at (904) 714-7557, or an on-scene
designated representative via VHF-FM radio on channel 16. If
authorization is granted, all persons and vessels receiving such
authorization must comply with the instructions of the COTP
Jacksonville or a designated representative.
(d) Enforcement period. The safety zone will be enforced daily,
from 8 a.m. to 6:30 p.m., from May 16, 2025, through May 18, 2025. The
Coast Guard will provide notice of the regulated area by Broadcast
Notice to Mariners on VHF-FM marine channel 16.
J.D. Espino-Young,
Captain, U.S. Coast Guard, Captain of the Port Sector Jacksonville.
[FR Doc. 2025-08288 Filed 5-9-25; 8:45 am]
BILLING CODE 9110-04-P
