The U.S. Coast Guard has initiated a rulemaking process to establish a temporary safety zone on a specific section of the Ohio River in Cincinnati. This proposed measure, detailed in a recent Notice of Proposed Rulemaking (NPRM), aims to ensure safety during an over-water fireworks display scheduled for September 28, 2026. The zone would restrict marine traffic for a limited two-hour period, from 7:15 p.m. to 9:15 p.m., covering the area between mile marker 457.5 and 456.5. This proactive step underscores the federal agency's commitment to protecting individuals, vessels, and the aquatic environment from potential hazards associated with such events.
Background and Necessity
Fireworks displays, particularly those launched over navigable waterways, present inherent risks. The Coast Guard has identified these hazards as including the possibility of accidental discharge, the trajectory of dangerous projectiles, and the fallout of hot embers or other debris. An organization notified the Coast Guard on May 15, 2026, of their plans to launch fireworks from a barge on the Ohio River near Cincinnati.
In response, the Captain of the Port (COTP) Ohio Valley determined that a safety zone is essential to mitigate these risks for anyone within a half-mile radius of the display. The COTP's authority to establish such zones stems from 46 U.S.C. 70034, which grants the Coast Guard the power to regulate vessel operations in specific areas for safety purposes. This legal framework allows the agency to take preventative action when potential dangers to marine activity or the environment are identified.
Details of the Proposed Restriction
The proposed safety zone would encompass all navigable waters of the Ohio River within the designated mile marker range in Cincinnati. During the two-hour enforcement period, no vessel or person would be permitted to enter the specified area without explicit authorization from the COTP or a designated representative. This representative could include a Coast Guard Patrol Commander, a coxswain, petty officer, or other officer operating a Coast Guard vessel, as well as federal, state, and local officers assisting in enforcement.
For those needing to request entry, the proposal outlines a clear process: contact the COTP or their representative via VHF-FM channel 16 or by telephone at 1-800-253-7465. Compliance with all lawful orders from the COTP or their representatives would be mandatory for anyone within the zone. The temporary nature of this restriction is a key aspect, designed to minimize disruption while ensuring safety during a specific event.
Regulatory Impact and Analysis
The Coast Guard conducted several regulatory analyses to assess the potential impacts of this proposed rule. Under the Regulatory Flexibility Act, the agency certified that the rule would not have a significant economic impact on a substantial number of small entities. This determination is based on several factors: vessel traffic can easily transit around the limited regulated area, the enforcement period is short and occurs during times of normally low vessel traffic, and the Coast Guard will issue Broadcast Notices to Mariners via VHF FM marine channel 16 to inform mariners, allowing them to adjust transit plans. Furthermore, the provision allowing vessels to request permission to enter the area provides flexibility.
Other analyses also indicated minimal broader impacts. The proposal would not require new collection of information under the Paperwork Reduction Act. It is consistent with Executive Order 13132 on Federalism and Executive Order 13175 concerning Consultation and Coordination with Indian Tribal Governments, as it has no substantial direct effect on tribal interests or the distribution of federal-state power. Similarly, the Unfunded Mandates Reform Act of 1995 analysis concluded that the rule would not result in significant expenditures by state, local, or tribal governments, or the private sector. The Coast Guard also determined that the action falls under a category of actions that do not individually or cumulatively have a significant environmental effect, aligning with the National Environmental Policy Act.
Public Participation Process
As with all proposed rulemakings, the Coast Guard is actively seeking public input to inform its final decision. The agency emphasizes that public participation is vital for effective rulemaking. Interested parties are invited to submit comments and related materials by July 24, 2026. Comments can be submitted online through regulations.gov by searching for docket number USCG-2026-0757. The Coast Guard encourages commenters to include the docket number, indicate specific sections of the document to which comments apply, and provide clear reasons for their suggestions or recommendations. All public comments will be posted online, and while anonymous comments are accepted, any personal information provided will also be made public. This open comment period ensures that all perspectives are considered before a final rule is promulgated.
