Rule2026-18557
Safety Zone; York River, Yorktown, VA
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
September 11, 2026
Effective
October 16, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters on the York River. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with an over water drone show. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector Virginia, or their designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 175 (Friday, September 11, 2026)</title>
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[Federal Register Volume 91, Number 175 (Friday, September 11, 2026)]
[Rules and Regulations]
[Pages 57796-57798]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18557]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-1125]
RIN 1625-AA00
Safety Zone; York River, Yorktown, 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
navigable waters on the York River. The safety zone is needed to
protect personnel, vessels, and the marine environment from potential
hazards associated with an over water drone show. Entry of vessels or
persons into this zone is prohibited unless specifically authorized by
the Captain of the Port, Sector Virginia, or their designated
representative.
DATES: This rule is effective from 9 p.m. through 10 p.m. on October
16, 2026.
ADDRESSES: To view documents mentioned as being available in the
docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-
1125.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact LCDR Justin Strassfield, Sector Virginia Waterways Management
[[Page 57797]]
Division, U.S. Coast Guard; telephone 206-815-7367, or email
<a href="/cdn-cgi/l/email-protection#1c4a756e7b7572757d4b7d68796e6b7d656f5c696f7f7b32717570"><span class="__cf_email__" data-cfemail="cc9aa5beaba5a2a5ad9badb8a9bebbadb5bf8cb9bfafabe2a1a5a0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Sector Virginia
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 August 17, 2026, the Coast Guard received notification that a
drone show will be launched on the York River in Yorktown, VA.
Typically, drone shows are comprised of approximately 500 to 1,000
lighted drones, weighing approximately four pounds each, moving
throughout a predetermined airspace creating images in the night sky.
On average, these drones fly between 100 feet and 400 feet above the
waterline but can fly as low as 75 feet and reach heights up to 600
feet. Risks associated with drone shows include, but are not limited
to, the overhead hazard created by drones potentially falling from the
sky and vessel clearance reduction. Some commercial vessel pilothouses
and sailboat masts can reach upwards of 200 feet above the waterline,
thus creating potential for colliding with drones' mid-flight. The
Captain of the Port, Virginia (COTP) has determined that potential
hazards associated with the drone show are a safety concern for anyone
within 40 meters of the drone show. The COTP is issuing this rule under
the authority in 46 U.S.C. 70034, to protect personnel and vessels who
might, but for this rule, be 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. The period between August 17, 2026, when the Coast Guard
was notified of this event, and October 16, 2026, when this safety zone
must be in place to protect personnel and vessels is not sufficient to
solicit and respond to comments prior to publishing a temporary final
rule.
For the same reason, 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 safety zone from October 16, 2026 at 9:00
p.m. through October 16, 2026 at 10:00 p.m. The safety zone will cover
a portion of navigable waters in the York River in the vicinity of
Yorktown Beach and Waterfront. Vessels and persons will not be allowed
to enter the zone during this time, unless authorized by the Captain of
the Port, Sector Virginia.
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.T05-1125 to read as follows:
Sec. 165.T05-1125 Safety Zone; York River, Yorktown, VA.
(a) Location. The following area is a safety zone: All waters of
the York River from surface to bottom, encompassed by a line connecting
the following points beginning at 37[deg]14'18'' N, 076[deg]30'19'' W;
37[deg]14'16'' N, 076[deg]30'13'' W; 37[deg]14'7'' N, 076[deg]30'18''
W; 37[deg]14'12'' N, 076[deg]30'23''
[[Page 57798]]
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 with law enforcement authority
designated by or assisting the Captain of the Port 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 October 16, 2026.
Dated: September 8, 2026.
B.R. Workman,
CAPT, U.S. Coast Guard, Captain of the Port Sector Virginia.
[FR Doc. 2026-18557 Filed 9-10-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 11, 2026.
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