Proposed Rule2026-10871
Safety Zone; Bayfront Park 4th of July Fireworks Display, Intercoastal Waterway, Biscayne Bay, Miami, FL
Primary source
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Published
June 1, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary safety zone for certain navigable waters on the Intercoastal Waterway portion of Biscayne Bay in Miami, FL. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the 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 Miami. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 104 (Monday, June 1, 2026)</title>
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[Federal Register Volume 91, Number 104 (Monday, June 1, 2026)]
[Proposed Rules]
[Pages 32369-32371]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10871]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0610]
RIN 1625-AA00
Safety Zone; Bayfront Park 4th of July Fireworks Display,
Intercoastal Waterway, Biscayne Bay, Miami, FL
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain navigable waters on the Intercoastal Waterway portion
of Biscayne Bay in Miami, FL. The safety zone is needed to protect
personnel, vessels, and the marine environment from potential hazards
created by the 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 Miami. We
invite your comments on this proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 16, 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-2026-0610.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rule, contact MST2 Jodi Stoiber, Sector Miami Waterways
Management Division, U.S. Coast Guard; telephone 786-295-9051, or email
<a href="/cdn-cgi/l/email-protection#e6b58385928994ab8f878b8fb18792839491879f95a693958581c88b8f8a"><span class="__cf_email__" data-cfemail="2d7e484e59425f60444c40447a4c59485f5a4c545e6d585e4e4a03404441">[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
On May 1, 2026, Firepower Displays notified the Coast Guard that
they will be launching fireworks from two barges in Biscayne Bay near
Bayfront Park in Miami, FL from approximately 11:10 p.m. on July 4,
2026, through 12:10 a.m. on July 5, 2026. Hazards from fireworks
displays include accidental discharge of fireworks, dangerous
projectiles, and falling hot embers or other debris. The Captain of the
Port Sector Miami (COTP) has determined that potential hazards
associated with fireworks are a safety concern for anyone within a 250-
yard 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.
The Coast Guard is requesting that interested parties provide
comments within a shortened comment period of 15 days instead of the
typical 30 days for this notice of proposed rulemaking. The Coast Guard
believes the 15-day comment period still provides for a reasonable
amount of time for interested parties to review the proposal and
provide informed comments on it while also ensuring the Coast Guard has
time to review and respond to any significant comments and has a final
rule in effect in time for the scheduled event to protect against the
identified hazards.
The regulatory text we are proposing appears at the end of this
document.
III. Discussion of the Rule
This proposed rule would establish a safety zone from approximately
11:10 p.m. on July 4, 2026, through 12:10 a.m. on July 5, 2026. The
safety zone would cover all navigable waters within 250 yards of the
fireworks barges. 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
[[Page 32370]]
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.
For a singular occurrence, due to the active security zone being
enforced in support of the FIFA World Cup and Fan Fest 2026, the ICW
portion near Bayfront Park will be temporarily shut down from
approximately 11:10 p.m. on July 4, 2026, through 12:10 a.m. on July 5,
2026, to also facilitate the Bayfront Park 4th of July Fireworks
Display. During this period, vessel traffic through this regulated area
will be prohibited as there will be both a security zone and safety
zone. This regulation will only impact a small area for 60 minutes. 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.
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 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-2026-0610 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. Add Sec. 165.T07-0610 to read as follows:
Sec. 165.T07-0610 Safety Zone; Bayfront Park 4th of July Fireworks
Display, Intercoastal Waterway, Biscayne Bay, Miami, FL.
(a) Location. The following area is a safety zone: All waters of
Biscayne Bay, from surface to bottom, within 250-yard radius of
position 25[deg]46'29.67'' N 80[deg]10'54.86'' W in the Intercoastal
Waterway portion of Biscayne Bay in Miami, FL. These coordinates are
based on the World Geodetic System (WGS 84).
(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 Miami (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.
[[Page 32371]]
(2) 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 who can be reached on VHF-FM channel 16 or by telephone
at (305) 535-4472.
(d) Enforcement period. This section will be enforced from
approximately 11:10 p.m. on July 4, 2026, through 12:10 a.m. on July 5,
2026.
C.J. Barger,
Captain, U.S. Coast Guard, Acting Captain of the Port Sector Miami.
[FR Doc. 2026-10871 Filed 5-29-26; 8:45 am]
BILLING CODE 9110-04-P
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