Rule2025-23412
Safety Zone; Fireworks Display, Ohio River Mile Marker 73 to 74, Wellsburg, WV
Primary source
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Published
December 19, 2025
Effective
December 31, 2025
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of the Ohio River from Mile Marker 73 to Mile Marker 74 in Wellsburg, WV. This action is necessary to provide for the safety of life on these navigable waters from potential hazards during the Wellsburg New Years Eve Celebration Fireworks Display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Pittsburgh or a designated representative.
Full Text
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<title>Federal Register, Volume 90 Issue 242 (Friday, December 19, 2025)</title>
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[Federal Register Volume 90, Number 242 (Friday, December 19, 2025)]
[Rules and Regulations]
[Pages 59380-59381]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-23412]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-1099]
RIN 1625-AA00
Safety Zone; Fireworks Display, Ohio River Mile Marker 73 to 74,
Wellsburg, WV
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Ohio River from Mile Marker 73 to Mile Marker
74 in Wellsburg, WV. This action is necessary to provide for the safety
of life on these navigable waters from potential hazards during the
Wellsburg New Years Eve Celebration Fireworks Display. Entry of vessels
or persons into this zone is prohibited unless specifically authorized
by the Captain of the Port Pittsburgh or a designated representative.
DATES: This rule is effective from 11 p.m. on December 31, 2025, until
1 a.m. on January 1, 2026.
ADDRESSES: To view available documents, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2025-1099.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact Petty Officer Brett Lanzel, MSU Pittsburgh, U.S. Coast Guard;
telephone 206-815-6624, or email <a href="/cdn-cgi/l/email-protection#9ad8e8ffeeeeb4d0b4d6fbf4e0fff6daefe9f9fdb4f7f3f6"><span class="__cf_email__" data-cfemail="d391a1b6a7a7fd99fd9fb2bda9b6bf93a6a0b0b4fdbebabf">[email protected]</span></a>.
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
Sec. Section
U.S.C. United States Code
II. Background and Authority
The Coast Guard received notification that fireworks will be
launched from a vessel on the Ohio River near Wellsburg, WV. Hazards
from fireworks displays include accidental discharge of fireworks,
dangerous projectiles, and falling hot embers or other debris. The
Captain of the Port (COTP) Pittsburgh has determined that potential
hazards associated with fireworks are a safety concern for anyone on
the Ohio River within a one mile area 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.
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
and contrary to the public interest. The Coast Guard was not provided
notice of this event with sufficient time to publish an NPRM and
consider public comments before the safety zone must be established on
December 31, 2025.
For the same reasons, 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 11 p.m. on December 31,
2025 until 1 a.m. on January 1, 2026. The safety zone will cover all
navigable waters within the one-mile area between Mile Markers 73 and
74 on the Ohio River, near Wellsburg, WV. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or their designated representative.
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
[[Page 59381]]
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. 4321-4370f), 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 temporary 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
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; DHS Delegation No. 00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T08-1099 to read as follows:
Sec. 165.T08-1099 Safety Zone; Fireworks Display, Ohio River Mile
Marker 73 to 74, Wellsburg, WV.
(a) Location. The following area is a safety zone: All navigable
waters on the Ohio River between Mile marker 73 and mile marker 74.
(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 Pittsburgh (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 through Marine Safety Unit
Pittsburgh at (206) 815-6624. 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 11 p.m.
on December 31, 2025 until 1 a.m. on January 1, 2026.
Justin R. Jolley,
Commander, U.S. Coast Guard, Captain of the Port MSU Pittsburgh.
[FR Doc. 2025-23412 Filed 12-18-25; 8:45 am]
BILLING CODE 9110-04-P
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