Proposed Rule2026-03043
Safety Zone; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone
Primary source
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Published
February 17, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard proposes to amend the regulations establishing safety zones for annual fireworks displays in the Captain of the Port Zone Columbia River. This action would add a safety zone for a fireworks display, remove a safety zone for a fireworks display no longer under the Coast Guard's authority and jurisdiction, edit a fireworks display's name, and add a second date for a fireworks display. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless specifically authorized by the Captain of the Port, Sector Columbia River. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 31 (Tuesday, February 17, 2026)</title>
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[Federal Register Volume 91, Number 31 (Tuesday, February 17, 2026)]
[Proposed Rules]
[Pages 7188-7190]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03043]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0025]
RIN 1625-AA00
Safety Zone; Annual Fireworks Displays Within the Sector Columbia
River Captain of the Port Zone
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard proposes to amend the regulations establishing
safety zones for annual fireworks displays in the Captain of the Port
Zone Columbia River. This action would add a safety zone for a
fireworks display, remove a safety zone for a fireworks display no
longer under the Coast Guard's authority and jurisdiction, edit a
fireworks display's name, and add a second date for a fireworks
display. This proposed rulemaking would prohibit persons and vessels
from being in the safety zone unless specifically authorized by the
Captain of the Port, Sector Columbia River. We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before March 19, 2026.
ADDRESSES: To submit comments and view available documents, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0025.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact LCDR Jesse Wallace, Sector Columbia River
Waterways Management Division, U.S. Coast Guard; telephone 503-572-
3524, or email <a href="/cdn-cgi/l/email-protection#c89b8b9a9f9f8588bdbbabafe6a5a1a4"><span class="__cf_email__" data-cfemail="4c1f0f1e1b1b010c393f2f2b62212520">[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 proposes revising its regulation for recurring
fireworks displays in the geographic boundaries of the Northwest
District Sector Columbia River Captain of the Port (COTP) Zone, 33 CFR
165.1315. This proposed rule would add one (1) safety zone for a new,
recurring fireworks display that was previously published as a
temporary safety zone. This proposed rule would also remove one (1)
previously established safety zone for a fireworks display. This
proposed rule would change the name of an existing fireworks display.
Finally, this rule would add a second date for an existing fireworks
display. The purpose of this revision is to provide the public accurate
information regarding safety zones for annual fireworks displays in the
Sector Columbia River Captain of the Port Zone.
The Sector Columbia River COTP has determined that fireworks
displays create hazardous conditions for the maritime public because of
the large number of vessels near the displays, as well as the noise,
falling debris, and explosions that occur during the events. Because
firework discharge sites pose a potential hazard to the maritime
public, these safety zones are necessary to restrict vessel movement
and reduce vessel congregation near firework discharge sites.
Therefore, the COTP is proposing 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
regulatory text we are proposing appears at the end of this document.
III. Discussion of the Rule
The Coast Guard proposes establishing a safety zone for one
fireworks display event (Irrigon Watermelon Festival) that occurs
annually in July. The Irrigon Watermelon Festival safety zone was
previously issued as a temporary final rule (Docket Number USCG-2025-
0691), and after conferring with the event sponsor, the Coast Guard has
learned it will be a recurring fireworks display. The safety zone will
cover all navigable waters within 550 feet of the launch site located
at approximately 45[deg]54'3.72'' N, 119[deg]29'15.36'' W at Marina
Park, located in Irrigon, OR. No vessel or person would be permitted to
enter the safety zone without obtaining permission from the COTP or
their designated representative.
The Coast Guard also proposes to disestablish a safety zone for one
fireworks display event (Westport 4th of July). The Westport 4th of
July event has moved inland and thus is no longer subject to the
authority and jurisdiction of the Coast Guard.
The Coast Guard proposes to change the name of ``The Mill Casino
Independence Day'' fireworks display to ``Ko-Kwel Casino Resort
Independence Day Celebration'' to reflect the changed name of the
event.
Finally, the Coast Guard proposes to change the date of the
``Portland Rose Festival Fireworks'' from ``one day in May or June'' to
``one day in May and one day in June,'' to reflect an additional day of
the Festival's fireworks.
IV. Regulatory Analyses
We developed this proposed 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 Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. Section 605 of the RFA allows an agency to certify a rule, in
lieu of preparing an analysis, if the rulemaking is not expected to
have a significant economic impact on a substantial number of small
entities. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities for the following reasons.
Vessel traffic will be able to safely transit around this regulated
area. This regulation will only impact a small area for a few hours.
The enforcement period is during a time when vessel traffic is normally
low. In addition, the Coast Guard will issue a Broadcast Notice to
Marines via VHF FM marine channel 16, which will allow small entities
to adjust their transit plans, and the rule allows vessels to request
permission to enter the regulated area from the COTP.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity
[[Page 7189]]
and that this proposed rule would have a significant economic impact on
it, please submit a comment (see ADDRESSES) explaining why you think it
qualifies and how and to what degree this proposed rule would
economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this proposed 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).
B. Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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 proposed rule, which establishes a safety zone and
disestablishes a different safety zone, is categorically excluded from
further review. The establishment of the safety zone is excluded under
paragraph L60(a), and the disestablishment is excluded under paragraph
L60(b) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01,
Rev. 1. A Record of Environmental Consideration supporting the
establishment is available in the docket; however, one is not required
for the disestablishment.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type
USCG-2026-0025 in the search box and click ``Search.'' Next, look for
this document in the Search Results column, and click on it. Then click
on the Comment option. If you cannot submit your material by using
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR
FURTHER INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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. Amend Sec. 165.1315 as follows:
Sec. 165.1315 Safety Zone; Annual Fireworks Displays within the
Sector Columbia River Captain of the Port Zone.
0
a. Revise paragraph (a) as follows:
(a) Safety zones. The following areas are designated safety zones:
Waters of the Columbia River and its tributaries, waters of the Siuslaw
River, Yaquina River, Umpqua River, Clatskanie River, Tillamook Bay and
waters of the Washington and Oregon Coasts, within a 450 yard radius of
the launch site at the approximate locations listed in table 1.
* * * * *
0
b. In the table in paragraph (a), add the title to the table as ``Table
1 to Sec. 165.1315.''
* * * * *
0
c. In newly designated ``Table 1 to Sec. 165.1315'' revise the first
entry for ``Portland Rose Festival Fireworks'' as follows:
Table 1 to Sec. 165.1315
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Portland Rose Festival Portland, OR.... One day in May 45[deg]30'58'' N 122[deg]40'12'' W
Fireworks. and one day in
June.
* * * * * * *
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d. In ``Table 1 to Sec. 165.1315,'' remove the entry for ``Westport
4th of July''
0
e. In ``Table 1 to Sec. 165.1315,'' add an entry for ``Irrigon
Watermelon Festival Fireworks'' above the row beginning ``Astoria
Regatta'' to read as follows:
* * * * *
Table 1 to Sec. 165.1315
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Irrigon Watermelon Festival Irrigon, OR..... One day in July. 45[deg]54'4'' N 119[deg]29'15'' W
Fireworks.
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0
f. In ``Table 1 to Sec. 165.1315,'' revise the entry for ``The Mill
Casino Independence Day'' as follows:
* * * * *
Table 1 to Sec. 165.1315
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Ko-Kwel Casino Resort North Bend, OR.. One day in July. 43[deg]23'42'' N 124[deg]12'55'' W
Independence Day Celebration.
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* * * * *
Anthony R. Migliorini,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2026-03043 Filed 2-13-26; 8:45 am]
BILLING CODE 9110-04-P
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