Rule2026-10390
Safety Zones; Fireworks Displays in the USCG East District
Primary source
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Published
May 26, 2026
Effective
May 27, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is amending its regulation for recurring safety zones for fireworks displays in the USCG East District by adding safety zones for three recurring events and by amending the safety zone for one recurring event. All lie within the Virginia Captain of the Port Zone. This rulemaking will 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 typically held on each of those rivers annually.
Full Text
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<title>Federal Register, Volume 91 Issue 100 (Tuesday, May 26, 2026)</title>
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[Federal Register Volume 91, Number 100 (Tuesday, May 26, 2026)]
[Rules and Regulations]
[Pages 30493-30495]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10390]
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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: Final rule.
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SUMMARY: The Coast Guard is amending its regulation for recurring
safety zones for fireworks displays in the USCG East District by adding
safety zones for three recurring events and by amending the safety zone
for one recurring event. All lie within the Virginia Captain of the
Port Zone. This rulemaking will 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
typically held on each of those rivers annually.
DATES: This rule is effective May 27, 2026.
ADDRESSES: To 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 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#5b0d32293c3235323a0c3a223e292c3a22281b2e28383c75363237"><span class="__cf_email__" data-cfemail="de88b7acb9b7b0b7bf89bfa7bbaca9bfa7ad9eabadbdb9f0b3b7b2">[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 adding three recurring firework
displays and amending 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 will apply to these safety zones.
On May 13, 2026, the Coast Guard published a notice of proposed
rulemaking (NPRM) titled Safety Zones; Fireworks Displays in the USCG
East District (91 FR 26955). In that NPRM, we stated why we issued the
NPRM and invited comments on our proposed regulatory action related to
these firework displays.
The Captain of the Port, Sector Virginia (COTP) is establishing
this rule under the authority in 46 U.S.C. 70034.
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 because it is impracticable to do
so before June 27, 2026, when one of the safety zones created by this
rule needs to be in place to protect personnel, vessels, and the marine
environment for an event scheduled then.
III. Discussion of Comments and the Rule
During the comment period that ended on May 18, 2026, we received
no comments. There are no changes in the regulatory text of this rule
from the proposed rule in the NPRM.
The first safety zone will establish a regulated area which will be
subject to enforcement on the fourth or fifth Saturday in June of each
year. This year, it will be subject to enforcement June 27, 2026, from
9 p.m. until 10 p.m. The safety zone will 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 safety zone will 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 will encompass two separate areas located
on a portion of the Hampton River in Hampton, VA. One area will
surround a fireworks barge on the Hampton River and the other area will
provide for fireworks launched from land adjacent to the Hampton River.
The third safety zone will 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. That safety zone will encompass a portion of the East
River, in Mathews, VA.
The amendment to an existing safety zone will update the date of
enforcement for Item 13 in Table 3 to paragraph (h)(3) of Sec. 165.506
to include one Saturday in June or on 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 fireworks displays are subject to
change, the dates and times that the safety zones for the events will
be subject to enforcement will also be subject to change, in accordance
with regulatory text found in 33 CFR 165.506(c). In the event of a
change, the COTP would provide notice to the public 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 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 (RFA), 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.
[[Page 30494]]
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 that, although some small entities may
intend to transit one of the above safety zones, this rule will not
have a significant economic impact on a substantial number of small
entities. Vessel traffic will be able to safely transit around these
safety zones. These safety zones will only impact a small designated
area for a few hours. It 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 zone from the COTP.
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).
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 creates or modifies 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.
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. In Sec. 165.506, amend Table 3 to paragraph (h)(3) by adding
entries for ``Item 15'', ``Item 16'', ``Item 17'', and ``Item 18'' to
read as follows:
Sec. 165.506 Safety Zones; Fireworks Displays in the USCG East
District.
* * * * *
(h) * * *
(3) Coast Guard Sector Virginia--COTP Zone
Table 3 to Paragraph (h)(3)
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No. Enforcement period(s) Location Safety zone-regulated area
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* * * * * * *
15...................... June--One Saturday or Elizabeth River, Town All waters of the Elizabeth River,
June 19th; and July Point Reach, Norfolk, Town Point Reach within a 500-yard
4th. VA; Safety Zone. radius of approximate position of
the fireworks barge latitude
36[deg]50'41'' N, longitude
076[deg]17'47'' W, in vicinity of
Town Point Park in Norfolk, VA.
16...................... June--4th or 5th Confluence of the All navigable waters within 250 yards
Saturday. James River and the of a fireworks barge located at
Appomattox River, 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.
17...................... 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.
18...................... 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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[[Page 30495]]
Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2026-10390 Filed 5-22-26; 8:45 am]
BILLING CODE 9110-04-P
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