Safety Zone; Fireworks Displays Within the USCG East District
Homeland Security Department, Coast Guard
Key Details
- Posted Date
- Response Deadline
- NAICS Code
- 562910
- Source
- Federal Register
- Contract Type
- regulation
Description
DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2026-0803] RIN 1625-AA00 Safety Zone; Fireworks Displays Within the USCG East District AGENCY: Coast Guard, Department of Homeland Security. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone for certain waters of the Potomac River. This action is necessary to provide for the safety of life on these navigable waters near Fairview Beach, Virginia during a fireworks display on July 11, 2026. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port, Sector MarylandâNational Capital Region or a designated representative. DATES: This rule is effective from 8:15 p.m. on July 11, 2026, to 10:30 p.m. on July 12. It will only be enforced, however, from 8:15 p.m. to 10:30 p.m. on July 11 unless the fireworks display is cancelled due to inclement weather. If it is cancelled, it will only be enforced from 8:15 p.m. to 10:30 p.m. on July 12. ADDRESSES: To view available documents, go to https://www.regulations.gov and search for USCG-2026-0803. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, contact MST2 Natasha M. Hand, Sector MarylandâNCR, Waterways Management Division, U.S. Coast Guard: telephone 410-576-2596, email MDNCRMarineEvents@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFRâCode of Federal Regulations COTPâCaptain of the Port DHSâDepartment of Homeland Security FRâFederal Register NPRMâNotice of proposed rulemaking §âSection U.S.C.âUnited States Code II. Background and Authority The Coast Guard received notification that fireworks will be launched from a barge on the Potomac River near Fairview Beach, Virginia. The Captain of the Port (COTP) Sector MarylandâNational Capital Region has determined that potential hazards associated with fireworks are a safety concern for anyone within 600 feet of the fireworks display. Therefore, the COTP is issuing this rule under the authority in 46 U.S.C. 70034, which is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone. 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 9, 2026, but we must establish this safety zone by July 11, 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 Tim's II Rivershore Restaurant, of King George, Virginia, will sponsor a fireworks display launched from a barge located in the Potomac River, near Fairview Beach, Virginia, on Saturday, July 11, 2026, at approximately 9:15 p.m. If necessary, due to inclement weather, the display will be held on July 12, 2026. This rule establishes a temporary safety zone which will be enforced from 8:15 p.m. to 10:30 p.m. on July 11, 2026, or from 8:15 p.m. to 10:30 p.m. on July 12, 2026 (if the event is postponed due to inclement weather on July 11). The duration of the safety zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled 9:15 p.m. to 9:30 p.m. fireworks display. This temporary safety zone will cover all navigable waters within a 600 ft radius of a barge in the Potomac River, approximately 700 ft from the shoreline at Fairview Beach, Virginia. The approximate position of the barge is latitude 38°20â²00.00â³ N, longitude 077°14â²48.31â³ W, (NAD 1983). No person or vessel will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. Vessels will be allowed to transit the waters of the Potomac River outside the safety zone. 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 165âREGULATED 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 §â165.T05-0803 to read as follows: §â165.T05-0803 Safety Zone; Fireworks Display, Potomac River, Charles County, MD. (a) Location. The following area is a safety zone: All waters in the Potomac River, within a 600 feet radius of a fireworks discharge barge in approximate positions latitude 38°20â²00.00â³ N, longitude 077°14â²48.31â³ W, located approximately 700 feet from the shoreline at Fairview Beach, Virginia (NAD 1983). (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, Sector MarylandâNational Capital Region (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 410-576-2693. 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 periods. This section will be enforced from 8:15 p.m. to 10:30 p.m. on July 11 or if necessary, due to inclement weather, from 8:15 p.m. to 10:30 p.m. on July 12, 2026. Dated: June 26, 2026. Patrick C. Burkett, Captain, U.S. Coast Guard, Captain of the Port Sector MarylandâNational Capital Region. [FR Doc. 2026-13555 Filed 7-2-26; 8:45 am] BILLING CODE 9110-04-P
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