Proposed Rule2026-09492
Safety Zones; Fireworks Displays in the USCG East District
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Published
May 13, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to amend its safety zones for fireworks displays in the USCG East District by adding safety zones for three recurring events and amending one recurring event located in the Virginia Captain of the Port Zone. This Notice of Proposed Rule Making (NPRM) would provide for the safety of life on the navigable waters at the confluence of the James River and the Appomattox River, on the Hampton River, on the East River, and on the Elizabeth River at Town Point Reach during firework displays which are typically held on each of those rivers annually.
Full Text
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<title>Federal Register, Volume 91 Issue 92 (Wednesday, May 13, 2026)</title>
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[Federal Register Volume 91, Number 92 (Wednesday, May 13, 2026)]
[Proposed Rules]
[Pages 26955-26958]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09492]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0561]
RIN 1625-AA00
Safety Zones; Fireworks Displays in the USCG East District
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to amend its safety zones for
fireworks displays in the USCG East District by adding safety zones for
three recurring events and amending one recurring
[[Page 26956]]
event located in the Virginia Captain of the Port Zone. This Notice of
Proposed Rule Making (NPRM) would provide for the safety of life on the
navigable waters at the confluence of the James River and the
Appomattox River, on the Hampton River, on the East River, and on the
Elizabeth River at Town Point Reach during firework displays which are
typically held on each of those rivers annually.
DATES: Comments and related material must be received by the Coast
Guard on or before May 18, 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-2026-0561.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact LCDR Justin Z. Strassfield, Sector Virginia
Waterways Management Division, U.S. Coast Guard; by phone, at (206)
815-7367, or by email, at <a href="/cdn-cgi/l/email-protection#91c7f8e3f6f8fff8f0c6f0e8f4e3e6f0e8e2d1e4e2f2f6bffcf8fd"><span class="__cf_email__" data-cfemail="0a5c63786d6364636b5d6b736f787d6b73794a7f79696d24676366">[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
Within the USCG East District, the Coast Guard has compiled many
recurring safety zones in one regulation, 33 CFR 165.506. Within Sec.
165.506, these safety zones are arranged in tables, organized by
Captain of the Port Zone. We are now proposing to add three recurring
firework displays and amend one recurring firework display to the table
for the Virginia Captain of the Port Zone. General provisions of Sec.
165.506, such as definitions, controls on vessel movement, and Coast
Guard contact information would apply to these safety zones. In past
years, we have promulgated temporary final rules to address particular
instances of one of these events. As we anticipate that these events
will continue to occur annually for the foreseeable future, we are
proposing a permanent safety zone for each of the events.
The Captain of the Port Sector Virginia (COTP) has determined that
potential hazards include dangerous projectiles and falling debris.
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 these safety zones.
The regulatory text we are proposing appears at the end of this
document.
III. Discussion of the Rule
The first proposed safety zone would establish a regulated area
which would be subject to enforcement on the fourth or fifth Saturday
in June of each year. This year, it would be subject to enforcement
June 27, 2026, from 9 p.m. until 10 p.m. The safety zone would
encompass the fallout zone located within a portion of the waters at
the confluence of the Appomattox River and James River in Hopewell, VA.
The second proposed safety zone would establish a regulated area on
July 3rd, 4th, 5th, or 6th of each year, beginning July 4, 2026, from 9
p.m. until 10 p.m. The safety zone would encompass two separate areas
located on a portion of the Hampton River in Hampton, VA. One area
would surround a fireworks barge on the Hampton River and the other
area would provide for a landside launch adjacent to the Hampton River.
The third proposed safety zone would establish a regulated area on
July 3rd, 4th, 5th, or 6th of each year, beginning July 5, 2026, from 9
p.m. until 10 p.m. The safety zone would encompass a portion of the
East River in Mathews, VA.
The proposed amendment to an existing safety zone would update the
date of enforcement for Item 13 in Table 3 to paragraph (h)(3) of Sec.
165.506 to one Saturday in June or June 19th, and on July 4th of each
year, beginning July 4, 2026, from 9 p.m. until 10 p.m.
As the dates and times of the events are subject to change, the
dates and times that the proposed safety zones for the events would be
subject to enforcement would also be subject to change, in accordance
with regulatory text found in 33 CFR 165.506(c). In the event of a
change, the Captain of the Port would provide notice to the public by
publishing a Notification of Enforcement in the Federal Register, as
well as by issuing a Broadcast Notice to Mariners.
As provided in 33 CFR 165.506(d), 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
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 would be able to safely transit around the regulated
areas. This regulation would only impact a small area for 1 hour. The
enforcement period is during a time when vessel traffic is normally
low. In addition, the Coast Guard would issue a Broadcast Notice to
Marines via VHF FM marine channel 16, which would 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 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 would
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 would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).
[[Page 26957]]
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 would 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 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.
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-2026-0561 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 webpage.
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. In Sec. 165.506, amend Table 3 to paragraph (h)(3) by adding
entries for ``Item 15'' ``Item 16'', and ``Item 17'' to read as
follows:
Sec. 165.506 Safety Zones; Fireworks Displays in the USCG East
District.
* * * * *
(3) Coast Guard Sector Virginia--COTP Zone
Table 3 to Paragraph (h)(3)
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* * * * * * *
15......................... June--4th or 5th Confluence of the All navigable waters within 250
Saturday. James River and the yards of a fireworks barge located
Appomattox River, at position 37[deg]18'52'' N,
Hopewell, VA; Safety 077[deg]17'12.5'' W, at the
Zone. confluence of the James River and
the Appomattox River, near City
Point in Hopewell, VA.
16......................... July 3rd, 4th, 5th, or Hampton River, All navigable waters of the Hampton
6th. Hampton, VA, Safety River, within a 250' radius of a
Zone. fireworks barge located at position
37[deg]01'21.3'' N,
076[deg]20'29.8'' W and all waters
within the following positions:
37[deg]1'29'' N, 076[deg]20'19'' W;
37[deg]1'30'' N, 076[deg]20'25'' W;
37[deg]1'27'' N, 076[deg]20'28'' W;
37[deg]1'23'' N, 076[deg]20'29'' W;
37[deg]1'23'' N, 076[deg]20'26'' W,
in Hampton, VA.
17......................... July 3rd, 4th, 5th, or East River, Mathews, All navigable waters of the East
6th. VA; Safety Zone. River, within an 800' radius of
position 37[deg]24'02'' N,
076[deg]20'49'' W, in Mathews, VA.
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0
3. In Sec. 165.506, amend Table 3 to paragraph (h)(3) by amending
entries for ``Item 13'' to read as follows:
Sec. 165.506 Safety Zones; Fireworks Displays in the USCG East
District.
* * * * *
(3) Coast Guard Sector Virginia--COTP Zone
[[Page 26958]]
Table 3 to Paragraph (h)(3)
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* * * * * * *
13......................... June--One Saturday or Elizabeth River, Town All waters of the Elizabeth River,
June 19th; and July Point Reach, Town Point Reach within a 500-yard
4th. Norfolk, VA; Safety radius of approximate position of
Zone. the fireworks barge latitude
36[deg]50'41'' N, longitude
076[deg]17'47'' W, in vicinity of
Town Point Park in Norfolk, VA.
* * * * * * *
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Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2026-09492 Filed 5-12-26; 8:45 am]
BILLING CODE 9110-04-P
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