Coast Guard Establishes Safety Zones on Cumberland River for Hendersonville Fireworks Displays

A final rule issued by the U.S. Coast Guard establishes temporary safety zones on the Cumberland River in Hendersonville, Tennessee. This regulatory action, effective from October 29, 2026, through October 31, 2026, is designed to ensure the safety of personnel, vessels, and the marine environment during two scheduled fireworks displays. The rule prohibits unauthorized entry into specific navigable waters during designated enforcement periods.

Background and Regulatory Process

The initiative to create these safety zones began on July 17, 2026, when an organization informed the Coast Guard of its plan to host two fireworks displays. These displays are slated to launch from a barge near Sanders Ferry Park in Hendersonville. The first display is scheduled for October 29, 2026, from 7:15 a.m. to 8:15 a.m., Central Time, and the second on October 31, 2026, from 4:45 p.m. to 5:30 p.m., Central Time.

In preparation for this final rule, the Coast Guard published a Notice of Proposed Rulemaking (NPRM) on October 16, 2026. This NPRM sought public input on the proposed safety measures. The authority for establishing such zones stems from 46 U.S.C. 70034, which empowers the Captain of the Port (COTP) to implement necessary protections against marine hazards.

Public Comments and Final Rule Adjustments

During the comment period, which concluded on October 23, 2026, the Coast Guard received two submissions. These comments highlighted inconsistencies in the NPRM, particularly regarding the dates and times for the second enforcement period and the morning period on October 29. One commenter also requested clarification on several points: the difference between the overall effective period and active enforcement times, the rationale for pre- and post-display safety buffers, the applicable local time zone, notification methods for mariners, and procedures for requesting entry into the safety zone.

In response to this feedback, the Coast Guard made specific revisions. The final rule clarifies that the safety zone will be actively enforced for one hour on October 29, from 7:15 a.m. to 8:15 a.m., and for 45 minutes on October 31, from 4:45 p.m. to 5:30 p.m. The rule explicitly states that these enforcement periods include a 15-minute safety buffer both before and after each display, intended for final preparations, launch operations, debris monitoring, assessment, and cleanup. It also confirms that local time at the safety zone location, Central Daylight Time (CDT) in this instance, is always the reference. The Coast Guard will issue a Broadcast Notice to Mariners on VHF-FM channel 16 to alert mariners about enforcement periods and potential contact information for event coordination. Entry into the safety zone during enforcement periods is strictly prohibited unless specifically authorized by the COTP, Ohio Valley, or their designated representative.

Details of the Safety Zone

The established safety zone encompasses all navigable waters of the Cumberland River from mile marker 221.7 to mile marker 222, near Sanders Ferry Park. During the enforcement periods, vessels and individuals are not permitted to enter this area without explicit permission. Requests for entry can be made by contacting the COTP or their representative via VHF-FM channel 16 or by telephone. Compliance with all lawful orders from the COTP or their designated representative is mandatory for anyone within the zone.

Given the need to establish protective measures by October 29, 2026, the Coast Guard cited good cause under 5 U.S.C. 553(d)(3) to make the rule effective less than 30 days after its publication. This expedited implementation prioritizes safety in light of the potential hazards posed by fireworks displays on navigable waters.

Regulatory Analyses and Impact

The Coast Guard's analysis of the rule under various statutes and Executive orders indicates a minimal broader impact. Under the Regulatory Flexibility Act (RFA), the Coast Guard certifies that this rule will not significantly affect a substantial number of small entities. The safety zone is limited in scope and duration, affecting a small area for approximately one hour on October 29 and 45 minutes on October 31. Enforcement will occur during times of typically low vessel traffic, and mariners will receive notice through Broadcast Notice to Mariners, allowing them to adjust plans. Permission to enter the zone can also be requested. The rule does not require new information collection under the Paperwork Reduction Act, nor does it have tribal implications under Executive Order 13175. Furthermore, it is certified not to result in significant unfunded mandates under the Unfunded Mandates Reform Act. Environmentally, the rule is categorically excluded from further review under the National Environmental Policy Act, as it falls under a category of actions that do not individually or cumulatively have a significant effect on the human environment.