[Federal Register Volume 90, Number 239 (Tuesday, December 16, 2025)]
[Rules and Regulations]
[Pages 58166-58167]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-22957]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-1062]
RIN 1625-AA00
Safety Zone; Fireworks Display, Lower Mississippi River, Natchez,
MS
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Lower Mississippi River between Mile Markers
363 and 364. The safety zone is needed to protect personnel, vessels,
and the marine environment from potential hazards created by a
fireworks display from a barge. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Lower Mississippi River.
DATES: This rule is effective from 6 p.m. through 7 p.m. on December
31, 2025.
ADDRESSES: To view available documents go to https://www.regulations.gov and search for USCG-2025-1062.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact MST1 Cole Perkins, Sector Lower Mississippi River, Waterways
Management Division, U.S. Coast Guard; telephone 901-208-0311, or email
[email protected].
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
The Coast Guard received notification that fireworks will be
launched from a barge on the Lower Mississippi River near Natchez, MS.
Hazards from fireworks displays include accidental discharge of
fireworks, dangerous projectiles, and falling hot embers or other
debris. The Captain of the Port Sector Lower Mississippi River (COTP)
has determined that potential hazards associated with fireworks are a
safety concern for anyone within a half mile of the fireworks display.
Therefore, the COTP is issuing this rule under the authority in 46
U.S.C. 70034, which is needed to protect personnel, vessels, and the
marine environment 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
and contrary to the public interest. The Coast Guard was notified of
this event on November 21, 2025, but we must establish this safety zone
by December 31, 2025, to protect personnel, vessels, and the marine
environment. Therefore, we do not have enough time to solicit and
respond to comments.
For the same reasons, 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 6 p.m. until 7 p.m. on
December 31, 2025. The safety zone will cover all navigable waters of
the Lower Mississippi River between Mile Markers 363 and 364. No vessel
or person will be permitted to enter the safety zone without obtaining
permission from the COTP or their designated representative.
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. 4321-4370f), 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 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
[[Page 58167]]
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; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T08-1062 to read as follows:
Sec. 165.T08-1062 Safety Zone; Fireworks Display, Lower Mississippi
River, Natchez, MS
(a) Location. The following area is a safety zone: All navigable
waters of the Lower Mississippi River between Mile Markers 363 and 364.
(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
Captain of the Port Sector Lower Mississippi River (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 by telephone at (901) 208-0311. 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 6 p.m.
to 7 p.m. on December 31, 2025.
Kristi L. Bernstein,
CAPT, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi
River.
[FR Doc. 2025-22957 Filed 12-15-25; 8:45 am]
BILLING CODE 9110-04-P