Rule2026-10588
Safety Zone; Atlantic Ocean, Atlantic City, NJ
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 28, 2026
Effective
May 29, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary safety zone for navigable waters of the Atlantic Ocean, near Atlantic City, NJ. This action is necessary to provide for the safety of life on these navigable waters during an offshore airshow on May 29, 2026, through May 31, 2026. This regulation prohibits persons and vessels from entering the regulated area unless specifically authorized by the Captain of the Port, Sector Delaware Bay, or their designated representative.
Full Text
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<title>Federal Register, Volume 91 Issue 102 (Thursday, May 28, 2026)</title>
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[Federal Register Volume 91, Number 102 (Thursday, May 28, 2026)]
[Rules and Regulations]
[Pages 31664-31666]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10588]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0418]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Atlantic City, NJ
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
navigable waters of the Atlantic Ocean, near Atlantic City, NJ. This
action is necessary to provide for the safety of life on these
navigable waters during an offshore airshow on May 29, 2026, through
May 31, 2026. This regulation prohibits persons and vessels from
entering the regulated area unless specifically authorized by the
Captain of the Port, Sector Delaware Bay, or their designated
representative.
DATES: This rule is effective from 11:30 a.m. on May 29, 2026, through
3:30 p.m. on May 31, 2026. It will, however, only be subject to
enforcement between 11:30 a.m. and 3:30 p.m. on each of those days.
ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0418.
FOR FURTHER INFORMATION CONTACT: If you have questions about this rule,
contact MST2 Dominick Dobridge,
[[Page 31665]]
Waterways Management Division, Sector Delaware Bay, U.S. Coast Guard;
telephone (206) 815-6688, option 3; email <a href="/cdn-cgi/l/email-protection#a4f7c1c7e0c1c8e6c5ddf3f3e9e4d1d7c7c38ac9cdc8"><span class="__cf_email__" data-cfemail="c192a4a285a4ad83a0b896968c81b4b2a2a6efaca8ad">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port, Delaware Bay
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
On April 1, 2026, an organization notified the Coast Guard that
from 11:30 a.m. on May 29, 2026, through 3:30 p.m. on May 31, 2026, an
over-the-water airshow would be taking place over the Atlantic Ocean,
near Atlantic City, NJ. The event will be held from 11:30 a.m. through
3:30 p.m. on those days.
The Captain of the Port Delaware Bay (COTP) is issuing this safety
zone rule under the authority in 46 U.S.C. 70034. The COTP has
determined that potential hazards associated with an offshore airshow
could pose a risk to waterway users if normal vessel traffic were
allowed to traverse the area below the air show during the event.
Possible hazards include a risk of being hit by a plane or debris from
a plane if there is a mid-air collision or if one of the air show
pilots loses control and their plan crashes. The purpose of this
rulemaking is to protect event spectators and transiting vessels during
the scheduled event.
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. The Coast Guard was notified of this event on April 1,
2026, but we must establish this safety zone by May 29, 2026, to
protect personnel, vessels, and the marine environment. Therefore, we
have 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 temporary safety zone which will be in
effect from 11:30 a.m. on May 29, 2026, until 3:30 p.m. on May 31,
2026, but will only be subject to enforcement between 11:30 a.m. and
3:30 p.m. on each of those days. The regulated area covers all
navigable waters of Atlantic Ocean near Atlantic City, NJ, within a
polygon bounded by the following: originating on the shore line at
approximate position latitude 39[deg]21'24.06'' N, longitude
074[deg]24'56.09'' W; thence east to approximate position
39[deg]20'46.89'' N, longitude 074[deg]24'41.85'' W; thence south to
approximate position to latitude 39[deg]20'39.72'' N, longitude
074[deg]25'58.45'' W; thence west to the shoreline at approximate
position latitude 39[deg]21'6.55'' N, longitude 074[deg]26'8.41'' W;
thence north along the shoreline to the point of origin.
The duration of the zone is intended to ensure the safety of
participants and other waterway users during the scheduled offshore air
show. No vessel or person will be permitted to enter the regulated area
without obtaining permission from the COTP or a 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 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) 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 100
Marine safety, Navigation (water), Reporting and recordkeeping
requirements, 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;
[[Page 31666]]
Department of Homeland Security Delegation No. 00170.1, Revision No.
01.4.
0
2. Add Sec. 165.T05-0418 to read as follows:
Sec. 165.0599-0418 Safety Zone; Atlantic Ocean, Atlantic City, NJ.
(a) Location. This special local regulation applies to the
following regulated area: All navigable waters of Atlantic Ocean near
Atlantic City, NJ, within a polygon bounded by the following:
originating on the shore line at approximate position latitude
39[deg]21'24.06'' N, longitude 074[deg]24'56.09'' W; thence east to
approximate position 39[deg]20'46.89'' N, longitude 074[deg]24'41.85''
W; thence south to approximate position to latitude 39[deg]20'39.72''
N, longitude 074[deg]25'58.45'' W; thence west to the shoreline at
approximate position latitude 39[deg]21'6.55'' N, longitude
074[deg]26'8.41'' W; thence north along the shoreline to the point of
origin. These coordinates are based on World Geodetic System (WGS 84)).
(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 Delaware Bay (COTP) in the enforcement of
the regulated area.
(c) Regulations. (1) All persons and vessels are prohibited from
entering, transiting through, anchoring in, or remaining within the
regulated area described in paragraph (a) of this section unless
authorized by the COTP or their designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-FM channel 16. Those in the regulated area must
comply with all lawful orders or directions given to them by the COTP
or the COTP's designated representative.
(d) Enforcement period[s]. This section will be enforced every day
from 11:30 a.m. to 3:30 p.m. on May 29, 2026, through May 31, 2026.
Dated: May 19, 2026.
Kate F. Higgins-Bloom,
Captain, U.S. Coast Guard, Captain of the Port, Sector Delaware Bay.
[FR Doc. 2026-10588 Filed 5-27-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on May 28, 2026.
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