Safety Zone; North Atlantic Ocean, Virginia Beach, VA

DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2026-0883] RIN 1625-AA00 Safety Zone; North Atlantic Ocean, Virginia Beach, VA AGENCY: Coast Guard, Department of Homeland Security. ACTION: Temporary final rule. SUMMARY: The Coast Guard is establishing a temporary safety zone for certain navigable waters of the North Atlantic Ocean at the Virginia Beach Oceanfront. 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, Sector Virginia, or their designated representative. DATES: This rule is effective without actual notice from July 10, 2026 through September 6, 2026. For the purposes of enforcement, actual notice will be used from July 8, 2026, until July 10, 2026. It will only be subject to enforcement, however, every Wednesday and Sunday night from July 8, 2026 through September 6, 2026 between the hours of 9 p.m. to 10 p.m. ADDRESSES: To view available documents go to https://www.regulations.gov and search for USCG-2026-0883. FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, contact LCDR Justin Strassfield, Sector Virginia, Waterways Management Division, U.S. Coast Guard, Telephone: (571) 608-2969; or virginiawaterways@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 On June 8, 2026, the Coast Guard received notification that fireworks would be launched from a barge on the North Atlantic Ocean at the Virginia Beach Oceanfront. The Captain of the Port (COTP) Virginia has determined that potential hazards associated with these fireworks, such as the chance that a person may be hit by falling debris or that a vessel may be set on fire by falling debris, are a safety concern for anyone within 1,000-yards of the fireworks display. To protect personnel, vessels, and the marine environment in the navigable waters within the safety zone from these hazards, the COTP is issuing this rule, which she does under the authority in 46 U.S.C. 70034. 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 to do so by July 8, 2026, the date it must be in place to protect personnel, vessels, and the marine environment. 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 which will be subject to enforcement every Wednesday and Sunday beginning July 8, 2026 through September 6, 2026. The safety zone will cover all waters of the North Atlantic Ocean within a 1,000-yard radius of the center of the barge, which will be located near the shoreline of Virginia Beach, between 17th and 31st Streets. Vessels and persons will not be allowed to enter the safety zone during this time, unless authorized by the COTP. 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; DHS Delegation No. 00170.1, Revision No. 01.4. 2. Add § 165.T05-0883 to read as follows: § 165.T05-0883 Safety Zone; North Atlantic Ocean, Virginia Beach, VA. (a) Location. The following area is a safety zone: all waters of the North Atlantic Ocean within a 1,000-yard radius of the center located near the shoreline at approximate position 36°51′12.81″ N, 075°58′11.60″ W, located off the beach between 17th and 31st Streets of Virginia Beach. These coordinates are based on the 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 with law enforcement authority and designated by or assisting the Captain of the Port, Virginia (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. 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 every Wednesday and Sunday night from 9 p.m. to 10 p.m. from July 8, 2026 through September 6, 2026. Peggy M. Britton, Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia. [FR Doc. 2026-13964 Filed 7-9-26; 8:45 am] BILLING CODE 9110-04-P