Safety Zone; Ohio River, Newport, KY

DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2026-0739] RIN 1625-AA00 Safety Zone; Ohio River, Newport, KY AGENCY: Coast Guard, Department of Homeland Security. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable waters on the Ohio River, from mile marker (MM) 469.5 to MM 470.5 in Newport, Kentucky. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with an over water fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Ohio Valley, or their designated representative. DATES: This rule is effective from 9 p.m. to 11 p.m. on July 3, 2026. ADDRESSES: To view available documents go to https://www.regulations.gov and search for USCG-2026-0739. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, contact MST1 Jean Jimenez Sosa, MSD Cincinnati, U.S. Coast Guard; telephone 206-827-1363, or email Jean.C.JimenezSosa@uscg.mil. 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 and Authority The Coast Guard received notification that fireworks will be launched from a barge on the Ohio River near Newport, KY. The Captain of the Port (COTP) Ohio Valley has determined that potential hazards associated with fireworks are a safety concern for anyone within a half mile of the fireworks display. 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 on June 4, 2026, but we must establish this safety zone by July 3, 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 9 p.m. to 11 p.m. on July 3, 2026. The safety zone will cover all navigable waters of the Ohio River, from mile marker (MM) 469.5 to MM 470.5 in Newport, Kentucky. 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 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 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. 2. Add § 165.T08-0739 to read as follows: § 165.T08-0739 Safety Zone; Ohio River, Newport, KY. (a) Location. The following area is a safety zone: All navigable waters of the Ohio River, from mile marker (MM) 469.5 to MM 470.5 in Newport, Kentucky. (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, Ohio Valley (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 1-800-253-7465. 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 9 p.m. to 11 p.m. on July 3, 2026. Randy L. Preston, Captain, U.S. Coast Guard, Captain of the Port, Ohio Valley. [FR Doc. 2026-12828 Filed 6-24-26; 8:45 am] BILLING CODE 9110-04-P