Rule2026-08907
Safety Zone; Fireworks Displays Within the USCG East District (Formerly Fifth Coast Guard District); The Wharf, Washington, DC
Primary source
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Published
May 6, 2026
Effective
May 6, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for a fireworks display at "The Wharf DC," in Washington, DC, to provide for the safety of life on navigable waterways during this event. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Maryland-National Capital Region, or their designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 87 (Wednesday, May 6, 2026)</title>
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[Federal Register Volume 91, Number 87 (Wednesday, May 6, 2026)]
[Rules and Regulations]
[Pages 24373-24375]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08907]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0412]
RIN 1625-AA00
Safety Zone; Fireworks Displays Within the USCG East District
(Formerly Fifth Coast Guard District); The Wharf, Washington, DC
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 a
fireworks display at ``The Wharf DC,'' in Washington, DC, to provide
for the safety of life on navigable waterways during this event. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Captain of the Port, Sector Maryland-National Capital
Region, or their designated representative.
DATES: This rule is effective from 8 p.m. through 9 p.m. on May 6,
2026.
ADDRESSES: To view documents we've indicated are available in the
docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-
0412.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact 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#420f060c01100f23302b2c270734272c363102373121256c2f2b2e"><span class="__cf_email__" data-cfemail="49040d070a1b04283b20272c0c3f2c273d3a093c3a2a2e67242025">[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 of a short duration fireworks
display that will be discharged in the Upper Potomac River at The Wharf
in Washington, DC. 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-foot radius of the fireworks discharge site. Such hazards include
premature detonations, dangerous projectiles, and falling or burning
debris. Therefore, the
[[Page 24374]]
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 notified of
this event on March 17, 2026, but we must establish this safety zone by
May 6, 2026, to protect personnel, vessels, and the marine environment.
Therefore, we do not have enough time to solicit and respond to
comments.
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 which will be enforced from 8
p.m. to 9 p.m. on May 6, 2026. The duration of the safety zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the fireworks display scheduled to start
between 8:30 p.m. to 8:45 p.m. This temporary safety zone will cover
all navigable waters within a 500-foot radius of a barge in the Upper
Potomac River at The Wharf in Washington, DC. The approximate position
of the barge is latitude 38[deg]52'18'' N, longitude 077[deg]01'16'' W.
Vessels and persons will not be allowed to enter the zone during this
time, unless authorized by the Captain of the Port.
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.
To view documents in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and
search for USCG-2026-0412.
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.T05-0412 to read as follows:
Sec. 165.T05-0412 Safety Zone; within the USCG East District
(formerly Fifth Coast Guard District); The Wharf, Washington, DC
(a) Location. The following area is a safety zone: All waters in
the Upper Potomac River, within a 500-foot radius of a fireworks
discharge barge in approximate position latitude 38[deg]52'18'' N,
longitude 077[deg]01'16'' W (NAD 83).
(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 Sector Maryland-National Capital Region (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 by telephone at 410-576-2693.
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 8 p.m.
to 9 p.m. on May, 6, 2026.
[[Page 24375]]
Dated: April 16, 2026.
Patrick C. Burkett,
Captain, U.S. Coast Guard, Captain of the Port Maryland-National
Capital Region.
[FR Doc. 2026-08907 Filed 5-5-26; 8:45 am]
BILLING CODE 9110-04-P
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