Safety Zone; Firework Display; Cumberland River, Hendersonville, TN

Issuing agencies

Abstract

The Coast Guard is establishing a safety zone for certain navigable waters of the Sanders Ferry, near Hendersonville, TN. This safety zone is necessary to protect personnel, vessels, and the marine environment from potential hazards during a fireworks show at various times from October 29, 2026, through October 31, 2026. This rulemaking prohibits entry of vessels or persons into this safety zone during enforcement periods 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 208 (Thursday, October 29, 2026)</title>
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[Federal Register Volume 91, Number 208 (Thursday, October 29, 2026)]
[Rules and Regulations]
[Pages 68043-68045]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22078]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

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


Safety Zone; Firework Display; Cumberland River, Hendersonville, 
TN

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing a safety zone for certain 
navigable waters of the Sanders Ferry, near Hendersonville, TN. This 
safety zone is necessary to protect personnel, vessels, and the marine 
environment from potential hazards during a fireworks show at various 
times from October 29, 2026, through October 31, 2026. This rulemaking 
prohibits entry of vessels or persons into this safety zone during 
enforcement periods unless specifically authorized by the Captain of 
the Port, Ohio Valley or their designated representative.

DATES: This rule is effective from 7:15 a.m. local time on October 29, 
2026, through 5:30 p.m. local time on October 31, 2026.

ADDRESSES: To 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 rule, 
contact MST3 Zachary T. Epps, Sector Ohio Valley Waterways Management 
Division, U.S. Coast Guard; telephone (206) 815-7006, or email <a href="/cdn-cgi/l/email-protection#87d4d3cbaad4cac5aacad4c3c9c6d4cfd1cecbcbc2c7d2d4c4c0a9cacecb"><span class="__cf_email__" data-cfemail="e3b0b7afceb0aea1ceaeb0a7ada2b0abb5aaafafa6a3b6b0a0a4cdaeaaaf">[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 it 
will sponsor two fireworks displays launched from a barge on the 
Cumberland River near Sanders Ferry Park in Hendersonville, Tennessee. 
The first fireworks display (including a 15-minute safety buffer before 
and afterwards) is scheduled to occur on October 29, 2026, from 
approximately 7:15 a.m. until 8:15 a.m., Central Time. The second 
fireworks display is scheduled to occur on October 31, 2026, from 
approximately 4:45 p.m. until 5:30 p.m., Central Time. On October 16, 
2026, the Coast Guard published a notice of proposed rulemaking (NPRM) 
titled Safety Zone; Cumberland River, Hendersonville, TN (91 FR 65698). 
In that NPRM, we stated why we issued the NPRM and invited comments on 
our proposed regulatory action related to this fireworks 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. No vessel or person will be permitted to enter the safety 
zone without obtaining permission from 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 October 29, 2026, to 
protect personnel, vessels, and the marine environment.

III. Discussion of Comments and the Rule

    During the comment period that ended on October 23, 2026, we 
received two comments. Two commenters identified inconsistencies in the 
NPRM concerning the dates and times of the planned fireworks displays 
and associated safety-zone enforcement periods. Specifically, the 
commenters noted that the NPRM contained conflicting references to 
October 30 and October 31 for the second enforcement period, as well as 
inconsistent morning enforcement periods for October 29. One commenter 
also requested clarification regarding the difference between the 
overall effective period and the periods when the safety zone would be 
actively enforced; the basis for pre- and post-display safety buffers; 
the applicable local time zone; notice to mariners; and procedures for 
requesting entry into the safety zone.
    In response to these comments, the Coast Guard has revised the

[[Page 68044]]

enforcement periods to accurately reflect the scheduled fireworks 
displays. The safety zone will be enforced from 7:15 a.m. until 8:15 
a.m., on October 29, 2026, and from 4:45 p.m. until 5:30 p.m., on 
October 31, 2026. It is always standard that in Coast Guard safety zone 
rulemaking documents refer to the local time at the location of the 
safety zone, in this case that is Central Daylight Time (CDT). These 
enforcement periods include a 15-minute safety buffer before and after 
each fireworks display to allow for final safety preparations, 
fireworks-launch operations, monitoring for falling debris, post-
display safety assessment, and cleanup.
    The Coast Guard has also corrected the conflicting references to an 
October 30 enforcement period and clarified that the safety zone will 
not be continuously enforced between the two specified enforcement 
periods. In other words, this safety zone will be enforced for one hour 
on October 29, 2026, from 7:15 a.m. until 8:15 a.m., and 45 minutes on 
October 31, 2026, from 4:45 p.m. until 5:30 p.m. The Coast Guard will 
provide notice of enforcement through a Broadcast Notice to Mariners on 
VHF-FM channel 16. The Broadcast Notice to Mariners will include 
information regarding the enforcement periods and may include sponsor 
contact information for event-related coordination, as appropriate. 
Only the Captain of the Port (COTP), Ohio Valley or the COTP's 
designated representative may authorize entry into the safety zone.
    This rule establishes a safety zone on all navigable waters of the 
Cumberland River from mile marker 221.7 to mile marker 222 near Sanders 
Ferry Park in Hendersonville, Tennessee. During the stated enforcement 
periods, no vessel or person may enter the safety zone without 
obtaining permission from COTP or the COTP's designated representative.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analysis 
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. 
This safety zone will only impact a small, designated area for one hour 
on October 29, 2026, and for 45 minutes on October 31, 2026. It will be 
enforced during times 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 zone 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) establish or increase size 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.T08-1075 to read as follows:


Sec.  165.T08-1075   Safety Zone; Cumberland River, Hendersonville, TN.

    (a) Location. The following area is a safety zone: all navigable 
waters of the Cumberland River from mile marker 221.7 to mile marker 
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

[[Page 68045]]

designated by or assisting the Captain of the Port (COTP), Ohio Valley 
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 COTP or COTP's 
representative on VHF-FM channel 16 or by telephone at (800) 253-7465. 
Those in the safety zone must comply with all lawful orders or 
directions given to them by COTP or COTP's designated representative.
    (d) Enforcement periods. This section is enforced from 7:15 a.m. 
until 8:15 a.m., on October 29, 2026, and from 4:45 p.m. until 5:30 
p.m., on October 31, 2026.

Bradford E. Clark,
Commander, U.S. Coast Guard, Acting, Captain of the Port, Ohio Valley.
[FR Doc. 2026-22078 Filed 10-28-26; 8:45 am]
BILLING CODE 9110-04-P


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