Rule2026-10092
Safety Zone; Morehead City Harbor, Morehead City, NC
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 20, 2026
Effective
May 30, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters in North Carolina, on Morehead City Harbor. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards associated with an aerobatic demonstration over the navigable waterway. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port, Sector North Carolina, or their designated representative.
Full Text
<html>
<head>
<title>Federal Register, Volume 91 Issue 97 (Wednesday, May 20, 2026)</title>
</head>
<body><pre>
[Federal Register Volume 91, Number 97 (Wednesday, May 20, 2026)]
[Rules and Regulations]
[Pages 29370-29371]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10092]
[[Page 29370]]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0081]
RIN 1625-AA00
Safety Zone; Morehead City Harbor, Morehead City, NC
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters in North Carolina, on Morehead City Harbor. The safety
zone is needed to protect personnel, vessels, and the marine
environment from potential hazards associated with an aerobatic
demonstration over the navigable waterway. Entry of vessels or persons
into this zone is prohibited unless specifically authorized by the
Captain of the Port, Sector North Carolina, or their designated
representative.
DATES: This rule is effective from 4:30 p.m. to 5:30 p.m. on May 30,
2026.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0081.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact MSTC Shawn Stanley, Sector North Carolina Waterways Management
Division, U.S. Coast Guard; telephone 571-607-6971, or email
<a href="/cdn-cgi/l/email-protection#087b60697f66267f267b7c6966646d713a487d7b6b6f26656164"><span class="__cf_email__" data-cfemail="4b38232a3c25653c65383f2a25272e32790b3e38282c65262227">[email protected]</span></a>.
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 has received notification that there will be a
single performer aerobatic demonstration over certain waters of
Morehead City Harbor, Morehead City, NC. As explained by the Federal
Aviation Administration, which regulates aerobatic flight at 14 CFR
91.303, ``[i]n aerobatic flight, the pilot abruptly changes an
aircraft's angle compared to the earth, takes an abnormal position
(such as flying upside down), or accelerates abnormally.'' \1\ The
Captain of the Port (COTP) North Carolina has determined that potential
hazards associated with the aerobatic demonstration are a safety
concern for anyone beneath the aerobatic demonstration area. Therefore,
the COTP is establishing a temporary safety zone beneath the
demonstration area to protect personnel, vessels, and the marine
environment in the navigable waters within the safety zone. The COTP
does so under the authority in 46 U.S.C. 70034.
---------------------------------------------------------------------------
\1\ <a href="https://www.faa.gov/faq/what-are-acrobatic-and-aerobatic-flight">https://www.faa.gov/faq/what-are-acrobatic-and-aerobatic-flight</a>.
---------------------------------------------------------------------------
Because the Coast Guard must establish this safety zone by May 30,
2026 to protect personnel, vessels, and the marine environment from
these potential hazards, and because there is insufficient time for the
Coast Guard to provide prior notice and comment before then, 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 to do so.
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 4:30 p.m. to 5:30 p.m. on
May 30, 2026. The safety zone will cover all navigable waters in the
Morehead City Harbor within the following points: Point 1 at
34[deg]34'01.19'' N, 76[deg]43'16.77'' W, thence to Point 2 at
34[deg]42'35.07'' N, 76[deg]43'23.53'' W, thence to Point 3 at 34[deg]
42'55.26'' N, 76[deg]42'18.88'' W thence to Point 4 at
34[deg]42'30.77'' N, 76[deg]42'24.20'' W; thence returning to Point 1.
Vessels and persons will not be allowed to enter the zone during this
time, unless authorized by the Captain of the Port.
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 et seq.), and have
[[Page 29371]]
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 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; DHS Delegation No. 00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T05-0081 to read as follows:
Sec. 165.T05-0081 Safety Zone; Morehead City Harbor, Morehead City,
NC.
(a) Location. The following area is a safety zone: All waters of
Morehead City Harbor from surface to bottom, encompassed by a line
connecting the following points beginning at 34[deg]42'44.19'' N,
76[deg]43'19.77'' W, thence to 34[deg]42'44.07'' N, 76[deg]42'31.53''
W, thence to 34[deg]42'20.26'' N, 76[deg]43'19.88'' W thence to
34[deg]42'20.77'' N, 76[deg]42'31.60'' W; thence returning back to the
beginning point. These coordinates are based on the World Geodetic
System (WGS 84)/North American Datum 83 (NAD 83).
(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 North Carolina (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 on VHF-FM channel 16 or by telephone at (833) 732-8628.
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 4:30
p.m. to 5:30 p.m. on May 30, 2026.
J.P. Suckow,
Commander, U.S. Coast Guard, Acting Captain of the Port Sector North
Carolina.
[FR Doc. 2026-10092 Filed 5-19-26; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on May 20, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.