Rule2026-11838
Drawbridge Operation Regulation; Big Carlos Pass, Estero Island, 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
June 12, 2026
Effective
June 12, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is removing the existing drawbridge operation regulation for the SR 865 Bridge, across Big Carlos Pass, mile 0.0, at Estero Island and Black Island, FL. The drawbridge was replaced with a fixed bridge in April 2026, and the operating regulation is no longer applicable or necessary.
Full Text
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<title>Federal Register, Volume 91 Issue 113 (Friday, June 12, 2026)</title>
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[Federal Register Volume 91, Number 113 (Friday, June 12, 2026)]
[Rules and Regulations]
[Pages 35626-35628]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11838]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG-2026-0596]
RIN 1625-AA09
Drawbridge Operation Regulation; Big Carlos Pass, Estero Island,
FL
AGENCY: Coast Guard, DHS.
ACTION: Final rule.
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SUMMARY: The Coast Guard is removing the existing drawbridge operation
regulation for the SR 865 Bridge, across Big Carlos Pass, mile 0.0, at
Estero Island and Black Island, FL. The drawbridge was replaced with a
fixed bridge in April 2026, and the operating regulation is no longer
applicable or necessary.
DATES: This rule is effective June 12, 2026.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Type the
docket number (USCG-2026-0596) in the ``SEARCH'' box and click
``SEARCH''. In the Document Type column, select ``Supporting & Related
Material.''
FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Ms. Jennifer Zercher, Bridge Management Specialist,
Southeast Coast Guard District; telephone 571-607-5951, email
<a href="/cdn-cgi/l/email-protection#357f505b5b5c5350471b7b1b6f5047565d504775404656521b585c59"><span class="__cf_email__" data-cfemail="c983aca7a7a0afacbbe787e793acbbaaa1acbb89bcbaaaaee7a4a0a5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
OMB Office of Management and Budget
NPRM Notice of Proposed Rulemaking
Sec. Section
U.S.C. United States Code
[[Page 35627]]
SR State Route
FL Florida
II. Background Information and Regulatory History
The Coast Guard is issuing this final rule under the authority in 5
U.S.C. 553(b)(B). This 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.'' Under 5 U.S.C.
553(b), the Coast Guard finds that good cause exists for not publishing
a notice of proposed rulemaking (NPRM) with respect to this rule
because the SR 865 (Big Carlos Pass) Bridge, that once required draw
operations in 33 CFR 117.267, was removed and replaced with a fixed
bridge in April 2026. Therefore, the drawbridge operation schedule
regulation is no longer applicable to the fixed bridge and shall be
removed from publication. It is unnecessary to publish an NPRM because
this regulatory action is inconsequential to the industry and does not
have any impact on the public.
Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective in less than 30 days after
publication in the Federal Register. The bridge has been replaced with
a fixed bridge, and this rule merely requires an administrative change
to the Federal Register, in order to remove a regulatory requirement
that is no longer applicable or necessary. The modification to a fixed
bridge has already taken place, and the removal of the regulation will
not affect mariners currently operating on this waterway. Therefore, a
delayed effective date is unnecessary.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule under authority 33 U.S.C. 499.
The SR 865 (Big Carlos Pass) Bridge was removed and replaced with a
fixed bridge in April 2026. The elimination of this drawbridge
necessitates the removal of the drawbridge operation regulation, 33 CFR
117.267, that pertains to the former drawbridge.
The purpose of this rule is to remove 33 CFR 117.267 that refers to
Big Carlos Pass, from the Code of Federal Regulations since it governs
a drawbridge that is no longer spanning the waterway.
IV. Discussion of Final Rule
The Coast Guard is removing regulation 33 CFR 117.267 related to
the draw operations for the SR 865 (Big Carlos Pass) Bridge since it
has been replaced with a fixed bridge. This Final Rule seeks to update
the Code of Federal Regulations by removing language that governs the
operation of the SR 865 (Big Carlos Pass) Bridge, which in fact is no
longer a drawbridge. This change does not affect waterway or land
traffic.
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. 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 calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
C. Federalism and Indian Tribal Government
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.
D. 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. Environment
We have analyzed this rule under Department of Homeland Security
Management Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning Policy COMDTINST 5090.1
(series) which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.). The
Coast Guard has 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 promulgates the operating
regulations or procedures for drawbridges and is categorically excluded
from further review, under paragraph L49, of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1.
Neither a Record of Environmental Consideration nor a Memorandum
for the Record are required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 117 as follows:
PART 117--DRAWBRIDGE OPERATION REGULATIONS
0
1. The authority citation for part 117 continues to read as follows:
Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and DHS Delegation No.
00170.1. Revision No. 01.4.
Sec. 117.267 [Removed]
0
2. Remove Sec. 117.267.
[[Page 35628]]
Dated: June 9, 2026.
Adam A. Chamie,
Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Southeast
District.
[FR Doc. 2026-11838 Filed 6-11-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 12, 2026.
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