Safety Zone; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone
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.
Issuing agencies
Abstract
The Coast Guard amends the regulations establishing safety zones for annual fireworks displays in the Captain of the Port Zone Columbia River. This action adds a safety zone for a fireworks display, removes a safety zone for a fireworks display no longer under the Coast Guard's authority and jurisdiction, edits a fireworks display's name, and adds a second date for a fireworks display. This rulemaking prohibits persons and vessels from being in the safety zone unless specifically authorized by the Captain of the Port, Sector Columbia River.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 102 (Thursday, May 28, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 102 (Thursday, May 28, 2026)]
[Rules and Regulations]
[Pages 31666-31668]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10596]
-----------------------------------------------------------------------
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard amends the regulations establishing safety
zones for annual fireworks displays in the Captain of the Port Zone
Columbia River. This action adds a safety zone for a fireworks display,
removes a safety zone for a fireworks display no longer under the Coast
Guard's authority and jurisdiction, edits a fireworks display's name,
and adds a second date for a fireworks display. This rulemaking
prohibits persons and vessels from being in the safety zone unless
specifically authorized by the Captain of the Port, Sector Columbia
River.
DATES: This rule is effective June 29, 2026.
ADDRESSES: To 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 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#5407170603031914212737337a393d38"><span class="__cf_email__" data-cfemail="5605150401011b1623253531783b3f3a">[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 revises 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
rule adds one (1) safety zone for a new, recurring fireworks display
that was previously published as a temporary safety zone. This rule
also removes one (1) previously established safety zone for a fireworks
display. This rule would change the name of an existing fireworks
display. Finally, this rule adds 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. On
February 17, 2026 (91 FR 7188), the Coast Guard published a notice of
proposed rulemaking (NPRM) titled ``Safety Zone; Annual Fireworks
Displays Within the Sector Columbia River Captain of the Port Zone.''
In that NPRM, we stated why we issued the NPRM and invited comments on
our proposed regulatory action related to these fireworks displays.
Under the authority in 46 U.S.C. 70034, the COTP has determined
that this rule is necessary to protect personnel, vessels, and the
marine environment from potential hazards associated with fireworks
displays. No vessel or person will be permitted to enter the safety
zone without obtaining permission from the COTP or their designated
representative.
III. Discussion of Comments and the Rule
During the comment period that ended on March 19, 2026, we received
two (2) comments.
The first commenter supported the proposed rule, highlighting the
importance of disseminating accurate information to public waterway
users, stakeholders, and local businesses. The commenter suggested that
additional information on procedures for requesting access to these
safety zones is needed. The Coast Guard believes that this process is
already properly captured in the regulation, as 33 CFR 165.1315(f)
outlines specific authorization procedures for vessel operators who
desire to enter the safety zone. However, the phone number listed for
requesting entry into the safety zone was not accurate and will be
updated as a change in the regulatory text of this rule.
The second commenter opposed the proposed rule due to the potential
negative impacts to wildlife that are associated with fireworks
displays. The Coast Guard believes that this rule is necessary to
protect personnel, vessels, and the marine environment from potential
hazards associated with fireworks displays. Additionally, the Coast
Guard upholds the public's right to ensure fair and equitable use of
the waterway, which includes fireworks display events. Lastly, the
establishment of safety zones requires the Coast Guard to comply with
the National
[[Page 31667]]
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and a Record
of Environmental Consideration is available for the establishment of
the proposed safety zone.
There are three (3) changes in the regulatory text of this rule
from the proposed rule in the NPRM. The first change states that all
safety zones will be a uniform size of 450 yards from their respective
launch sites, the Irrigon Watermelon Festival safety zone will not be
550 feet. The second change updates the phone number for requesting
access to the safety zones. The third change updates the description of
dates for the Portland Rose Festival for clarity to ``two days in May
or June.''
The Coast Guard establishes 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 safety zone (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 covers all navigable
waters within 450 yards 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 will be permitted to enter the safety
zone without obtaining permission from the COTP or their designated
representative.
The Coast Guard also disestablishes 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 changes 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 changes the date of the ``Portland Rose
Festival Fireworks'' from ``one day in May or June'' to ``two days in
May or June,'' to reflect an additional day of the festival's
fireworks.
IV. Regulatory Analyses
This rule was developed after considering numerous statutes and
Executive orders related to rulemaking. Below is a summary of the
analysis based on the 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. 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 the safety zone above, 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 this safety zone.
This safety zone 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. The rule also 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
This rule has been analyzed under Executive Order 13132,
Federalism, and was determined to be 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
This rule has been analyzed 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 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 this determination is
available in the docket; however, one is not required for the
disestablishment.
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. Amend Sec. 165.1315 as follows:
0
a. Revise paragraph (a) introductory text;
0
b. Designate the table in paragraph (a) as table 1 to paragraph (a);
0
c. In newly designated table 1 to paragraph (a):
[[Page 31668]]
0
i. Revise the entry for ``Portland Rose Festival Fireworks'';
0
ii. Remove the entry for ``The Mill Casino Independence Day'' and add
in its place the entry ``Ko-Kwel Casino Resort Independence Day
Celebration'';
0
iii. Remove the entry for ``Westport 4th of July''; and
0
iv. Add an entry for ``Irrigon Watermelon Festival Fireworks'' between
the entries for ``Yachats 4th of July'' and ``Astoria Regatta''; and
0
d. Revise paragraph (f).
The revisions and addition read as follows:
Sec. 165.1315 Safety Zone; Annual Fireworks Displays within the
Sector Columbia River Captain of the Port Zone.
(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 the following
table.
Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
Event name (typically) Event location Date of event Latitude Longitude
----------------------------------------------------------------------------------------------------------------
Portland Rose Festival Portland, OR.... Two days in May 45[deg]30'58'' N 122[deg]40'12'' W
Fireworks. or June.
* * * * * * *
Ko-Kwel Casino Resort North Bend, OR.. One day in July. 43[deg]23'42'' N 124[deg]12'55'' W
Independence Day Celebration.
* * * * * * *
Irrigon Watermelon Festival Irrigon, OR..... One day in July. 45[deg]54'4'' N 119[deg]29'15'' W
Fireworks.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
(f) Authorization. All vessel operators who desire to enter the
safety zone must obtain permission from the Captain of the Port or
Designated Representative by contacting either the on-scene patrol
craft on VHF Ch 13 or Ch 16 or the Coast Guard Sector Columbia River
Command Center via telephone at (833) 769-8724.
Anthony R. Migliorini,
Captain, U.S. Coast Guard, Captain of the Port Columbia River.
[FR Doc. 2026-10596 Filed 5-27-26; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>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.