Rule2025-12467
Safety Zone; Fireworks Displays Within the Fifth Coast Guard District
Primary source
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Published
July 3, 2025
Effective
July 12, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain waters of the Potomac River. The action is necessary to provide for the safety of life on these navigable waters near Fairview Beach, Virginia during a fireworks display on July 12, 2025. This regulation prohibits persons and vessels from being in the safety zone unless authorized by the Captain of the Port, Sector Maryland-National Capital Region or a designated representative.
Full Text
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<title>Federal Register, Volume 90 Issue 126 (Thursday, July 3, 2025)</title>
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[Federal Register Volume 90, Number 126 (Thursday, July 3, 2025)]
[Rules and Regulations]
[Pages 29459-29461]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12467]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0559]
RIN 1625-AA00
Safety Zone; Fireworks Displays Within the Fifth Coast Guard
District
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Potomac River. The action is necessary to provide
for the safety of life on these navigable waters near Fairview Beach,
Virginia during a fireworks display on July 12, 2025. This regulation
prohibits persons and vessels from being in the safety zone unless
authorized by the Captain of the Port, Sector Maryland-National Capital
Region or a designated representative.
DATES: This rule is effective from 9 p.m. on July 12, 2025, to 11 p.m.
on July 13. It will only be enforced, however, from 9 p.m. to 11 p.m.
on July 12 unless the fireworks display is cancelled due to inclement
weather. If it is cancelled, it will only be enforced from 9 p.m. to 11
p.m. on July 13.
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 USCG-
2025-0559 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 LCDR Kate M. Newkirk, Sector Maryland-NCR, Waterways
Management Division, U.S. Coast Guard: telephone 410-576-2596, email
<a href="/cdn-cgi/l/email-protection#1a575e545948577b6873747f5f6c7f746e695a6f69797d34777376"><span class="__cf_email__" data-cfemail="eda0a9a3aebfa08c9f848388a89b8883999ead989e8e8ac3808481">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
[[Page 29460]]
COTP Captain of the Port, Sector Maryland-National Capital Region
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
to provide notice, consider any comments received, and publish a final
rule by July 12, 2025, when the rule must be in place to serve its
intended purpose.
Also, 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. To serve its intended purpose, the
rule must be in effect in less than 30 days. It is therefore
impracticable to delay the effective date.
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, Sector Maryland-National Capital Region
(COTP) has determined that potential hazards associated with this
fireworks display would be a safety concern for anyone within a 500-
yard radius of the fireworks discharge site. Such hazards include
premature detonations, dangerous projectiles, and falling or burning
debris. This rule is needed to protect personnel, vessels, and the
marine environment in the navigable waters within the safety zone while
the display is occurring.
IV. Discussion of the Rule
Tim's II Rivershore Restaurant, of King George, Virgina, will
sponsor a fireworks display launched from a barge located in the
Potomac River, near Fairview Beach, Virginia, on Saturday, July 12,
2025, at approximately 10 p.m. If necessary, due to inclement weather,
the display will be held on July 13, 2025. This rule establishes a
temporary safety zone which will be enforced from 9 p.m. to 11 p.m. on
July 12, 2025, or from 9 p.m. to 11 p.m. on July 13, 2025 (if the event
is postponed due to inclement weather on July 12). The duration of the
safety zone is intended to ensure the safety of vessels and these
navigable waters before, during, and after the scheduled 10 p.m.-10:30
p.m. fireworks display. This temporary safety zone will cover all
navigable waters within a 500 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[deg]19'56.69'' N, longitude 077[deg]14'40.46'' 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.
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 (Regulatory Planning and Review) and 13563
(Improving Regulation and Regulatory Review) 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. Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it.
This regulatory action determination is based on the size,
location, duration, and time-of-day of the safety zone. Vessel traffic
will be able to safely transit around this safety zone, which will
impact a small, designated area of the Potomac River or less than 3
hours during the evening, when vessel traffic is normally low.
Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via
VHF-FM marine channel 16 to notify mariners about enforcement of the
safety zone.
B. 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 not
subject to notice and comment. As 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), 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
[[Page 29461]]
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.
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 3 hours that will prohibit entry within 500
yards of the fireworks discharge site. 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. 01.4.
0
2. Add Sec. 165.T05-0559 to read as follows:
Sec. 165.T05-0559 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 500 feet radius of a fireworks discharge
barge in approximate positions latitude 38[deg]19'56.69'' N, longitude
077[deg]14'40.46'' W, located approximately 700 feet from the shoreline
at Fairview Beach, Virginia (NAD 1983).
(b) Definitions. As used in this section--
Captain of the Port, Sector Maryland National Capital Region means
the Commander, Coast Guard Sector Maryland National Capital Region or
any Coast Guard commissioned, warrant or petty officer who has been
authorized by the Captain of the Port to act on his behalf.
Designated representative means any Coast Guard commissioned,
warrant, or petty officer who has been authorized by the Captain of the
Port Sector Maryland National Capital Region to assist in enforcing the
safety zone described in paragraph (a) of this section.
(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 Maryland-National
Capital Region at telephone number 410-576-2693 or on Marine Band
Radio, VHF-FM channel 16 (156.8 MHz), or the Event PATCOM on Marine
Band Radio, VHF-FM channel 16 (156.8 MHz). 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. The U.S. Coast Guard may be assisted by Federal,
State and local agencies in the patrol and enforcement of the zone.
(e) Enforcement period. This section will be enforced from 9 p.m.
through 11 p.m. on July 12, 2025, or, if necessary due to inclement
weather, from 9 p.m. through 11 p.m. on July 13, 2025.
Dated: June 27, 2025.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port, Sector Maryland-
National Capital Region.
[FR Doc. 2025-12467 Filed 7-2-25; 8:45 am]
BILLING CODE 9110-04-P
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