Safety Zone; Cumberland River, Hendersonville, TN

Issuing agencies

Abstract

The Coast Guard is proposing to establish a temporary safety zone for navigable waters on the Cumberland River from mile marker 221.7 to 222. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with an overwater fireworks display. This proposed rulemaking would prohibit persons and vessels from being in the safety zone 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 199 (Friday, October 16, 2026)</title>
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[Federal Register Volume 91, Number 199 (Friday, October 16, 2026)]
[Proposed Rules]
[Pages 65698-65699]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21240]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-1075]
RIN 1625-AA00


Safety Zone; Cumberland River, Hendersonville, TN

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary safety 
zone for navigable waters on the Cumberland River from mile marker 
221.7 to 222. The safety zone is needed to protect personnel, vessels, 
and the marine environment from potential hazards associated with an 
overwater fireworks display. This proposed rulemaking would prohibit 
persons and vessels from being in the safety zone unless specifically 
authorized by the Captain of the Port, Ohio Valley, or their designated 
representative.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 23, 2026.

ADDRESSES: To submit comments and view available documents, go to 
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-1075.

FOR FURTHER INFORMATION CONTACT: If you have questions about this 
proposed rule, contact MST2 Jason Brincefield, MSD Nashville Waterways 
Management Division, U.S. Coast Guard; telephone (206) 815-7006, or 
email <a href="/cdn-cgi/l/email-protection#fab7a9beb49b89928c9396969fba8f89999dd4979396"><span class="__cf_email__" data-cfemail="2a67796e644b59425c4346464f6a5f59494d04474346">[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 July 17, 2026, an organization notified the Coast Guard that 
they will be sponsoring an event where fireworks will be launched from 
a barge on the Cumberland River Mile Marker 221.7-222 near Sanders 
Ferry Park. The event will begin with a morning fireworks display on 
October 29, 2026, from approximately 7:30 a.m. to 8 a.m., and will 
conclude with a second fireworks display on October 31, 2026, from 
approximately 5 p.m. through 5:15 p.m. The safety zone will be enforced 
for a period of time before and after the fireworks displays to ensure 
safety during staging and at the end of the fireworks. The safety zone 
will be enforced from 6 a.m. to 9:30 a.m. on October 29, 2026, and from 
4 p.m. to 6:30 p.m. on October 30, 2026. This event and associated 
fireworks displays are expected to draw a large number of spectator 
craft.
    The Captain of the Port, Ohio Valley (COTP) is issuing safety zone 
under the authority in 46 U.S.C. 70034. The COTP has determined that 
potential hazards with the fireworks displays include the launch of 
explosive projectiles, falling debris, and potential for vessel 
collisions. The purpose of this rulemaking is to protect event 
spectators and transiting vessels before, during, and after the 
scheduled fireworks displays.

III. Discussion of the Rule

    This proposed rule would establish a safety zone from 6:30 a.m. on 
October 29, 2026, until 6:30 p.m. on October 31, 2026. The safety zone 
would only be enforced from 6:30 a.m. to 9 a.m. on October 29, 2026, 
and from 4 p.m. until 6:30 p.m. on October 31, 2026. The safety zone 
would cover all navigable waters on the Cumberland River from mile 
marker 221.7 to 222. No vessel or person would be permitted to enter 
the safety zone without obtaining permission from the COTP or their 
designated representative. The regulatory text we are proposing appears 
at the end of this document.

IV. Regulatory Analyses

    We developed this proposed 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, 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. The Coast Guard certifies under 5 U.S.C. 605(b) that this 
proposed rule would not have a significant economic impact on a 
substantial number of small entities for the following reasons.
    Although vessel traffic would not be able to transit around this 
regulated area, the regulation would only impact a small area for 
approximately 2.5 hours each day. The Coast Guard would issue a 
Broadcast Notice to Marines via VHF FM marine channel 16, which would 
allow small entities to adjust their transit plans, and the rule allows 
vessels to request permission to enter the regulated area from the 
COTP.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this proposed rule 
would have a significant economic impact on it, please submit a comment 
(see ADDRESSES) explaining why you think it qualifies and how and to 
what degree this proposed rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), if this proposed rule would 
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 proposed rule would 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 proposed 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 proposed 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

[[Page 65699]]

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 proposed rule would 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 proposed 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 proposed rule is a safety zone. It is categorically 
excluded from further review under paragraph L60(a).

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking 
and will consider all comments and material received during the comment 
period. Your comment can help shape the outcome of this rulemaking. If 
you submit a comment, please include the docket number for this 
rulemaking, indicate the specific section of this document to which 
each comment applies, and provide a reason for each suggestion or 
recommendation.
    Submitting comments. We encourage you to submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type 
USCG-2026-1075 in the search box and click ``Search.'' Next, look for 
this document in the Search Results column, and click on it. Then click 
on the Comment option. If you cannot submit your material by using 
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR 
FURTHER INFORMATION CONTACT section of this proposed rule for alternate 
instructions.
    Viewing material in the docket. To view available documents, find 
the docket as described in the previous paragraph, and then select 
``Supporting & Related Material'' in the Document Type column. We will 
post public comments in our online docket. Additional information is on 
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
    Personal information. We accept anonymous comments. Comments we 
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal 
information you have provided. For more about privacy and submissions 
to the docket in response to this document, see DHS's eRulemaking 
System of Records notice (85 FR 14226, March 11, 2020).

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 is 
proposing to amend 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; Department of Homeland Security Delegation No. 
00170.1, Revision No. 01.4.

0
2. Add Sec.  165.T899-1075 to read as follows:


Sec.  165.T899-1075  Safety Zone; Cumberland River, Hendersonville, TN

    (a) Location.
    This safety zone applies to the following regulated area: all 
waters of the Cumberland River from mile marker 221.7 to 222.
    (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 COTP, Ohio 
Valley in the enforcement of the regulated area.
    (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 (502) 779-5444. 
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 on October 
29, 2026, from 6:30 a.m. to 9 a.m., and October 31, 2026, from 4 p.m. 
to 6:30 p.m.

Randy L. Preston,
Captain, U.S. Coast Guard, Captain of the Port, Ohio Valley.
[FR Doc. 2026-21240 Filed 10-15-26; 8:45 am]
BILLING CODE 9110-04-P


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