Rule2026-11789
Special Local Regulation; Ohio River, Henderson, KY
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 11, 2026
Effective
July 3, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary special local regulation (SLR) for all navigable waters of the Ohio River at mile markers 803-805. This action is necessary to provide for the safety of life on these navigable waters near Henderson, KY during the Independence Day Celebration 2026 event on July 3, 2026. This regulation prohibits persons and vessels from entering the regulated area unless specifically authorized by the Captain of the Port Ohio Valley or their designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 112 (Thursday, June 11, 2026)</title>
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[Federal Register Volume 91, Number 112 (Thursday, June 11, 2026)]
[Rules and Regulations]
[Pages 35401-35402]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11789]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[Docket Number USCG-2026-0676]
RIN 1625-AA08
Special Local Regulation; Ohio River, Henderson, KY
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary special local
regulation (SLR) for all navigable waters of the Ohio River at mile
markers 803-805. This action is necessary to provide for the safety of
life on these navigable waters near Henderson, KY during the
Independence Day Celebration 2026 event on July 3, 2026. This
regulation prohibits persons and vessels from entering the regulated
area unless specifically authorized by the Captain of the Port Ohio
Valley or their designated representative.
DATES: This rule is effective from 9 p.m. to 10 p.m. on July 3, 2026.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact MST2 Shane Cuthrell, Sector Ohio Valley Management Division,
U.S. Coast Guard; telephone 502-779-5334 or email <a href="/cdn-cgi/l/email-protection#cd9e888e82859be09a9a808db8beaeaae3a0a4a1"><span class="__cf_email__" data-cfemail="e9baacaaa6a1bfc4bebea4a99c9a8a8ec7848085">[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
SLR Special Local Regulation
U.S.C. United States Code
II. Background and Authority
An organization notified the Coast Guard that from 9 p.m. to 10
p.m. on July 3, 2026 they will sponsor a fireworks show on the Ohio
River. The Coast Guard received a request under 33 CFR 100.15 from the
Henderson Chamber of Commerce. The firework show will include one tug
and barge from which the fireworks will be launched.
The Captain of the Port Ohio Valley (COTP) is issuing this Special
Local Regulation (SLR) under the authority in 46 U.S.C. 70041. The COTP
has determined that potential hazards associated with this event
include launching of explosive projectiles, falling debris, and the
presence of a
[[Page 35402]]
stationary barge and tug in the center of the navigable channel. The
purpose of this rulemaking is to protect event participants, non-
participants, and transiting vessels before, during, and after the
scheduled event.
Because of these potential hazards, 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 and contrary to the public interest.
The Coast Guard must establish this SLR by July 3, 2026, to protect
personnel, vessels, and the marine environment. Therefore, we do not
have enough time to solicit and respond to comments.
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.
III. Discussion of the Rule
This rule establishes a temporary SLR from 9 p.m. until 10 p.m. on
July 3, 2026. The special local regulation will cover all navigable
waters of the Ohio River from Mile Markers 803-805. No vessel or person
will be permitted to enter the regulated area 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 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 special local regulation. It is categorically
excluded from further review under paragraph L61 of Appendix A, Table 1
of DHS Instruction Manual 023-01-001-01, Rev. 1.
List of Subjects in 33 CFR Part 100
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 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05-1.
0
2. Add Sec. 100.T899-0676 to read as follows:
Sec. 100.T899-0676 Special Local Regulation; Ohio River, Henderson,
KY.
(a) Location. This special local regulation applies to the
following regulated area: All waters of the Ohio River from mile
markers 803-805.
(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 Ohio Valley (COTP) in the enforcement of the
regulated area. Participant means all persons and vessels registered
with the event sponsor as a participant in the fireworks display.
(c) Regulations. (1) All non-participants are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the COTP or their 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 (800) 253-7465.
Those in the regulated area 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 July 3, 2026.
Randy L. Preston,
Captain, U.S. Coast Guard, Captain of the Port Ohio Valley.
[FR Doc. 2026-11789 Filed 6-10-26; 8:45 am]
BILLING CODE 9110-04-P
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