Proposed Rule2026-08752
Safety Zones; Annual Events in the Captain of the Port Eastern Great Lakes Zone-Henderson Harbor, NY
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 5, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend the location of a safety zone for certain navigable waters of Henderson Harbor, NY, that is contained in a table of recurring events for the Captain of the Port Eastern Great Lakes Zone, to correct the coordinates. The coordinates that the Coast Guard previously received were inaccurate. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by 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 Eastern Great Lakes (COTP). We invite your comments on this proposed rulemaking.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 86 (Tuesday, May 5, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 86 (Tuesday, May 5, 2026)]
[Proposed Rules]
[Pages 24149-24151]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08752]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0303]
RIN 1625-AA00
Safety Zones; Annual Events in the Captain of the Port Eastern
Great Lakes Zone--Henderson Harbor, NY
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is proposing to amend the location of a safety
zone for certain navigable waters of Henderson Harbor, NY, that is
contained in a table of recurring events for the Captain of the Port
Eastern Great Lakes Zone, to correct the coordinates. The coordinates
that the Coast Guard previously received were inaccurate. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards created by 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 Eastern Great Lakes (COTP). We invite your comments on
this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 4, 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-2026-0303.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact MST3 Jared Dobbs, MSU Thousand Islands Waterways
Management Division, U.S. Coast Guard; telephone (315) 774-8724, or
email SMB-MSUThousandIslands-WaterwaysManagement.
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 lists annual recurring safety zones for the Captain
of the Port Eastern Great Lakes Zone in Table 1 to 33 CFR 165.939. Item
(G)(33) in Table 1, the Christmas in July Fireworks in Henderson
Harbor, NY, is held on or around the last weekend in July. The Coast
Guard recently discovered the coordinates provided to the Coast Guard
for this event were inaccurate. This proposed rule corrects those
coordinates. Hazards from fireworks displays include accidental
discharge of fireworks, dangerous projectiles, and falling hot embers
or other debris. The COTP has determined that potential hazards
associated with fireworks are a safety concern for anyone within a 420-
foot radius of the fireworks display. 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.
III. Discussion of the Rule
We are proposing to revise the coordinates for the Christmas in
July Fireworks in Henderson Harbor, NY, to indicate the correct
location for the fireworks barge. The safety zone would continue to
cover all navigable waters within 420 feet of the fireworks barge, and
the date in the regulation for this event would not change. No vessel
or person would be permitted to enter the safety zone without obtaining
permission from the COTP or their designated representative. The
regulatory text we are proposing appears at the end of this document.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analysis 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
[[Page 24150]]
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 COTP.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity 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 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 proposed rule involves safety zones. 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 preliminary
Record of Environmental Consideration supporting this determination is
available in the docket.
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-2026-0303 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. Revise Sec. 165.939, in Table 1, item (G)(33), as follows:
Sec. 165.939 Safety Zones; Annual Events in the Captain of the Port
Eastern Great Lakes Zone.
* * * * *
Table 1 to Sec. 165.939
----------------------------------------------------------------------------------------------------------------
Event Location Date
----------------------------------------------------------------------------------------------------------------
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(G) July Safety Zones
----------------------------------------------------------------------------------------------------------------
[[Page 24151]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
(33) Christmas in July Fireworks........ Henderson Harbor, NY. All waters within a On or around the last
420-foot radius of the barge at position weekend of July.
43[deg]51'55'' N 76[deg]12'23'' W in
Henderson Harbor, NY.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Adam T. Mosley,
CDR, U.S. Coast Guard, Acting Captain of the Port Sector Eastern Great
Lakes.
[FR Doc. 2026-08752 Filed 5-4-26; 8:45 am]
BILLING CODE 9110-04-P
</pre></body>
</html>Indexed from Federal Register on May 5, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.