Proposed Rule2026-19352
Safety Zone; Neuse River, New Bern, NC
Primary source
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Published
September 22, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a temporary safety zone for certain navigable waters of the Neuse River in New Bern, North Carolina. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards during an aerobatic air show. This proposed rulemaking would prohibit persons and vessels from being in the safety zone unless specifically authorized by the Captain of the Port, North Carolina. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 182 (Tuesday, September 22, 2026)</title>
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[Federal Register Volume 91, Number 182 (Tuesday, September 22, 2026)]
[Proposed Rules]
[Pages 60052-60053]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19352]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-1024]
RIN 1625-AA00
Safety Zone; Neuse River, New Bern, NC
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a temporary safety
zone for certain navigable waters of the Neuse River in New Bern, North
Carolina. The safety zone is needed to protect personnel, vessels, and
the marine environment from potential hazards during an aerobatic air
show. This proposed rulemaking would prohibit persons and vessels from
being in the safety zone unless specifically authorized by the Captain
of the Port, North Carolina. We invite your comments on this proposed
rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before October 22, 2026.
ADDRESSES: To submit comments and view available documents, go to
<a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-1024.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed 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#3e4d565f49501049104d4a5f50525b470c7e4b4d5d5910535752"><span class="__cf_email__" data-cfemail="33405b52445d1d441d4047525d5f564a0173464050541d5e5a5f">[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
RFA Regulatory Flexibility Act of 1980
Sec. Section
U.S.C. United States Code
II. Background and Authority
On July 13, 2026, an organization notified the Coast Guard that
they will be hosting an aerobatic air show on the Neuse River, New
Bern, NC on November 28, 2026. The Captain of the Port, Sector North
Carolina (COTP) has determined that potential hazards associated with
air shows, such as the risk of being hit by aircraft doing low altitude
maneuvers, are a safety concern for anyone within the aerobatic display
area. Therefore, the COTP is proposing 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.
III. Discussion of the Rule
This proposed rule would establish a safety zone from 2 p.m. until
7:30 p.m. on November 28, 2026. The safety zone would cover all
navigable waters within the aerobatic display area, which is
approximately one square mile large on the Neuse River adjacent to
Union Point Park. No vessel or person would be permitted to enter the
safety zone without obtaining permission from the COTP or their
designated representative. The regulatory text we are proposing appears
at the end of this document.
IV. Regulatory Analyses
We developed this proposed 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 Act of 1980, 5 U.S.C. 601-612, as
amended (RFA), requires Federal agencies to consider the potential
impact of regulations on small entities during rulemaking. The term
``small entities'' comprises small businesses, not-for-profit
organizations that are independently owned and operated and are not
dominant in their fields, and governmental jurisdictions with
populations of less than 50,000. Section 605 of the RFA allows an
agency to certify a rule, in lieu of preparing an analysis, if the
rulemaking is not expected to have a significant economic impact on a
substantial number of small entities. The Coast Guard certifies under 5
U.S.C. 605(b) that this proposed rule would not have a significant
economic impact on a substantial number of small entities for the
following reasons.
Vessel traffic will be able to safely transit around this regulated
area. In addition, the Coast Guard will issue a Broadcast Notice to
Marines via VHF FM marine channel 16, which will allow small entities
to adjust their transit plans, and the rule allows vessels to request
permission to enter the regulated area from the COTP.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this proposed rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), if this proposed 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).
B. Collection of Information
This proposed 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 proposed 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 proposed 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 proposed 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 proposed 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
[[Page 60053]]
significant effect on the human environment.
This proposed 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 is available in the docket.
V. Public Participation and Request for Comments
We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation.
Submitting comments. We encourage you to submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. To do so, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type
USCG-2026-1024 in the search box and click ``Search.'' Next, look for
this document in the Search Results column, and click on it. Then click
on the Comment option. If you cannot submit your material by using
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, call or email the person in the FOR
FURTHER INFORMATION CONTACT section of this proposed rule for alternate
instructions.
Viewing material in the docket. To view available documents, find
the docket as described in the previous paragraph, and then select
``Supporting & Related Material'' in the Document Type column. We will
post public comments in our online docket. Additional information is on
the <a href="https://www.regulations.gov">https://www.regulations.gov</a> Frequently Asked Questions web page.
Personal information. We accept anonymous comments. Comments we
post to <a href="https://www.regulations.gov">https://www.regulations.gov</a> will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).
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 is
proposing to amend 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.T05-1024 to read as follows:
Sec. 165.T05-1024 Safety Zone; Neuse River, New Bern, NC
(a) Location. The following area is a safety zone: All waters of
the Neuse River in New Bern, NC from surface to bottom, encompassed by
a line connecting the following points beginning at latitude
35[deg]07'03.55'' N, longitude 77[deg]02'04.73'' W, thence to latitude
35[deg]07'04.55'' N, longitude 77[deg]01'23.69'' W, thence to latitude
35[deg]06'02.30'' N, longitude 77[deg]01'20.92'' W, thence to latitude
35[deg]06'00.93'' N, longitude 77[deg]01'57.6618'' W then north to the
point of origin, for a total area of approximately 1 mile square. These
coordinates are based on the 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 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 2 p.m.
to 7:30 p.m. on November 28, 2026.
J.A. Harlow,
Captain, U.S. Coast Guard, Captain of the Port Sector North Carolina.
[FR Doc. 2026-19352 Filed 9-21-26; 8:45 am]
BILLING CODE 9110-04-P
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</html>Indexed from Federal Register on September 22, 2026.
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