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

§ Section

U.S.C. United States Code

II. Background and Authority

The Coast Guard revises its regulation for recurring fireworks displays in the geographic boundaries of the Northwest District Sector Columbia River Captain of the Port (COTP) Zone, 33 CFR 165.1315. This rule adds one (1) safety zone for a new, recurring fireworks display that was previously published as a temporary safety zone. This rule also removes one (1) previously established safety zone for a fireworks display. This rule would change the name of an existing fireworks display. Finally, this rule adds a second date for an existing fireworks display. The purpose of this revision is to provide the public accurate information regarding safety zones for annual fireworks displays in the Sector Columbia River Captain of the Port Zone. On February 17, 2026 (91 FR 7188), the Coast Guard published a notice of proposed rulemaking (NPRM) titled “Safety Zone; Annual Fireworks Displays Within the Sector Columbia River Captain of the Port Zone.” In that NPRM, we stated why we issued the NPRM and invited comments on our proposed regulatory action related to these fireworks displays.

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 fireworks displays. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or their designated representative.

III. Discussion of Comments and the Rule

During the comment period that ended on March 19, 2026, we received two (2) comments.

The first commenter supported the proposed rule, highlighting the importance of disseminating accurate information to public waterway users, stakeholders, and local businesses. The commenter suggested that additional information on procedures for requesting access to these safety zones is needed. The Coast Guard believes that this process is already properly captured in the regulation, as 33 CFR 165.1315(f) outlines specific authorization procedures for vessel operators who desire to enter the safety zone. However, the phone number listed for requesting entry into the safety zone was not accurate and will be updated as a change in the regulatory text of this rule.

The second commenter opposed the proposed rule due to the potential negative impacts to wildlife that are associated with fireworks displays. The Coast Guard believes that this rule is necessary to protect personnel, vessels, and the marine environment from potential hazards associated with fireworks displays. Additionally, the Coast Guard upholds the public's right to ensure fair and equitable use of the waterway, which includes fireworks display events. Lastly, the establishment of safety zones requires the Coast Guard to comply with the National ( printed page 31667) Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and a Record of Environmental Consideration is available for the establishment of the proposed safety zone.

There are three (3) changes in the regulatory text of this rule from the proposed rule in the NPRM. The first change states that all safety zones will be a uniform size of 450 yards from their respective launch sites, the Irrigon Watermelon Festival safety zone will not be 550 feet. The second change updates the phone number for requesting access to the safety zones. The third change updates the description of dates for the Portland Rose Festival for clarity to “two days in May or June.”

The Coast Guard establishes a safety zone for one fireworks display event (Irrigon Watermelon Festival) that occurs annually in July. The Irrigon Watermelon Festival safety zone was previously issued as a temporary safety zone (Docket Number USCG-2025-0691), and after conferring with the event sponsor, the Coast Guard has learned it will be a recurring fireworks display. The safety zone covers all navigable waters within 450 yards of the launch site located at approximately 45°54′3.72″ N, 119°29′15.36″ W at Marina Park, located in Irrigon, OR. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or their designated representative.

The Coast Guard also disestablishes a safety zone for one fireworks display event; Westport 4th of July. The Westport 4th of July event has moved inland and thus is no longer subject to the authority and jurisdiction of the Coast Guard.

The Coast Guard changes the name of “The Mill Casino Independence Day” fireworks display to “Ko-Kwel Casino Resort Independence Day Celebration” to reflect the changed name of the event.

Finally, the Coast Guard changes the date of the “Portland Rose Festival Fireworks” from “one day in May or June” to “two days in May or June,” to reflect an additional day of the festival's fireworks.

IV. Regulatory Analyses

This rule was developed after considering numerous statutes and Executive orders related to rulemaking. Below is a summary of the analysis based on the 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 safety zone. This safety zone will only impact a small designated area for a few hours. It 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. The rule also 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

This rule has been analyzed under Executive Order 13132, Federalism, and was determined to be 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

This rule has been analyzed 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. 4321-4370f), 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, which establishes a safety zone and disestablishes a different safety zone, is categorically excluded from further review. The establishment of the safety zone is excluded under paragraph L60(a), and the disestablishment is excluded under paragraph L60(b) 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; however, one is not required for the disestablishment.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

91 FR 31666