Safety Zone; James River, Richmond, VA
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Issuing agencies
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.
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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 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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