Rule2026-10872
Safety Zone; Lake Champlain, Essex, NY
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.
Published
June 1, 2026
Effective
July 3, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for certain navigable waters of the Lake Champlain. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Northern New England, or their designated representative.
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)]
[Rules and Regulations]
[Pages 32354-32355]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10872]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0399]
RIN 1625-AA00
Safety Zone; Lake Champlain, Essex, NY
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
certain navigable waters of the Lake Champlain. The safety zone is
needed to protect personnel, vessels, and the marine environment from
potential hazards created by a fireworks display. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Sector Northern New England, or their
designated representative.
DATES: This rule is effective from 9 p.m. July 3, 2026, to 10:30 p.m.
August 1, 2026. It will only be subject to enforcement, however, from 9
p.m. through 10:30 p.m. on Friday, July 3, 2026, unless the event is
delayed because of weather conditions, in which case it would be
subject to enforcement of those same hours on August 1, 2026.
ADDRESSES: To view available documents, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0399.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact MST1 Kyle Willis, Sector Northern New England Waterways
Management Division, U.S. Coast Guard; telephone 207-808-9137, or email
<a href="/cdn-cgi/l/email-protection#610a180d044f054f16080d0d081221141202064f0c080d"><span class="__cf_email__" data-cfemail="ee8597828bc08ac099878282879dae9b9d8d89c0838782">[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 April 1, 2026, an organization notified the Coast Guard that
they planned to launch fireworks from a barge on Lake Champlain near
Essex, NY on July 3, 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 Northern New
England (COTP) has determined that potential hazards associated with
fireworks are a safety concern for anyone within 200 yards of the
fireworks display. The 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
to do so within the short time period between April 1 and July 3, 2026
.
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.
[[Page 32355]]
III. Discussion of the Rule
This rule establishes a temporary safety zone for a one day event
on July 3, 2026, from 9 p.m. to 10:30 p.m., unless the event is delayed
because of weather conditions in which case it will be subject to
enforcement of those same hours on August 1, 2026. The safety zone
would cover all navigable waters within 200 yards of the fireworks
barge at 44[deg]18'31.12'' N 73[deg]20'48.57'' W expressed in Degrees
([deg]) Minutes (') Seconds ('') (DMS) based on the World Geodetic
System (WGS 84)/North American Datum 83 (NAD 83). No vessel or person
would be permitted to enter the safety zone without obtaining
permission from the COTP or their designated representative. 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.
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.T01-0399 to read as follows:
Sec. 165.T01-0399 Safety Zone; Lake Champlain, Essex, NY.
(a) Location. The following area is a safety zone: All waters of
Lake Champlain, from surface to bottom, in a 200-yard radius from
44[deg]18'31.12'' N, 73[deg]20'48.57'' W. These coordinates are based
on the World Geodetic System (WGS 84)/North American Datum 83 (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 Northern New England (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 (833) 449-2407.
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 rule is effective from 9 p.m. July 3,
2026, to 10:30 p.m. August 1, 2026. It will only be subject to
enforcement, however, from 9 p.m. through 10:30 p.m. on Friday, July 3,
2026, unless the event is delayed because of weather conditions, in
which case it may be subject to enforcement of those same hours on
August 1, 2026.
Matthew S. Baker,
Captain, U.S. Coast Guard, Captain of the Port Sector Northern New
England.
[FR Doc. 2026-10872 Filed 5-29-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on June 1, 2026.
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