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

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 ( printed 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.

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

91 FR 68043