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Rule2026-11300

Safety Zone; James River, Richmond, VA

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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 5, 2026
Effective
June 13, 2026

Issuing agencies

Homeland Security DepartmentCoast Guard

Abstract

The Coast Guard is establishing a temporary safety zone for certain navigable waters of the James River. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by 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 Virginia.

Full Text

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<title>Federal Register, Volume 91 Issue 108 (Friday, June 5, 2026)</title>
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[Federal Register Volume 91, Number 108 (Friday, June 5, 2026)]
[Rules and Regulations]
[Pages 34158-34159]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11300]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-0405]
RIN 1625-AA00


Safety Zone; James River, Richmond, VA

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 James River. The safety zone is needed 
to protect personnel, vessels, and the marine environment from 
potential hazards created by 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 Virginia.

DATES: This rule is effective from 9 p.m. to 10 p.m. on June 13, 2026.

ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0405.

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#0a5c63786d6364636b5d6b736f787d6b73794a7f79696d24676366"><span class="__cf_email__" data-cfemail="73251a01141a1d1a1224120a160104120a0033060010145d1e1a1f">[email&#160;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 December 18, 2025, the Virginia Museum of History and Culture 
notified the Coast Guard that they will be launching fireworks from 
land adjacent to the James River in Richmond, VA on June 13, 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 Virginia (COTP) has determined 
that potential hazards associated with fireworks are a safety concern 
for anyone within 400 feet of the fireworks display. Therefore, the 
COTP is establishing 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. On May 12, 
2026, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled Safety Zone; James River, Richmond, VA (91 FR 25840). In that 
NPRM, we stated why we issued the NPRM and invited comments on our 
proposed regulatory action related to this firework display.
    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 the fireworks 
display. No vessel or person will be permitted to enter the safety zone 
without obtaining permission from the COTP or their designated 
representative.
    Because of the hazards associated with this event, 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 and contrary to the public 
interest. We must establish this safety zone by June 13, 2026, to 
protect personnel, vessels, and the marine environment.

III. Discussion of Comments and the Rule

    During the comment period that ended on May 27, 2026, we received 
zero comments. There are no changes in the regulatory text of this rule 
from the proposed rule in the NPRM.
    This rule establishes a safety zone from 9 p.m. to 10 p.m. on June 
13, 2026. The safety zone covers all navigable waters within the 
following positions: 37[deg]31'18'' N, 077[deg]25'10'' W; 
37[deg]31'19'' N,

[[Page 34159]]

077[deg]25'07'' W; 37[deg]31'11'' N, 077[deg]25'04'' W; 37[deg]31'11'' 
N, 077[deg]25'06'' W. No vessel or person is permitted to enter the 
safety zone without obtaining permission from the COTP or their 
designated representative.

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. 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 regulated 
area. This regulation will 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 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 regulated area 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 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.T05-0405 to read as follows:


Sec.  165.T05-0405   Safety Zone; James River, Richmond, VA.

    (a) Location. The following area is a safety zone: All waters of 
the James River, from surface to bottom, encompassed by a line 
connecting the following 37[deg]31'18'' N, 077[deg]25'10'' W; 
37[deg]31'19'' N, 077[deg]25'07'' W; 37[deg]31'11'' N, 077[deg]25'04'' 
W; 37[deg]31'11'' N, 077[deg]25'06'' W. 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 Virginia (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 877-722-5727. 
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 section will be enforced from 9 p.m. 
to 10 p.m. on June 13, 2026.

Peggy M. Britton,
Captain, U.S. Coast Guard, Captain of the Port, Sector Virginia.
[FR Doc. 2026-11300 Filed 6-4-26; 8:45 am]
BILLING CODE 9110-04-P


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Indexed from Federal Register on June 5, 2026.

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