[Federal Register Volume 90, Number 181 (Monday, September 22, 2025)]
[Rules and Regulations]
[Pages 45334-45335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-18272]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2025-0776]
RIN 1625-AA00
Safety Zone; Atlantic Ocean, Wrightsville Beach, NC
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing a temporary safety zone for
certain waters of the Atlantic Ocean near the Wrightsville Beach, NC
waterfront. This action is necessary to provide for the safety of life
on these navigable waters during an air show, consisting of civilian
and military aircraft flyovers, on October 02, 2025. This rule
prohibits persons and vessels from being in the safety zone unless
authorized by the Captain of the Port, Sector North Carolina or a
designated representative.
DATES: This rule is effective from 4:30 p.m. to 6:30 p.m. on October 2,
2025.
ADDRESSES: To view available documents go to https://www.regulations.gov and search for USCG-2025-0776.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
rulemaking, call or email Lieutenant Shay Hutchings, Waterways
Management Division Chief, U.S. Coast Guard Sector North Carolina;
telephone 571-610-0084, email [email protected].
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
COTP Captain of the Port, Sector North Carolina
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background, Purpose, and Legal Basis
The Coast Guard has received notice that an air show near
Wrightsville Beach, NC, consisting of civilian and military aircraft
flyovers, will take place from 4:30 p.m. to 6:30 p.m. on October 02,
2025. Because air shows include high speed and low-level aircraft
aerobatics, potential hazards associated with the aircraft flyovers
pose a safety concern to anyone beneath the performing aircraft. The
Captain of the Port, Sector North Carolina (COTP) is therefore
establishing a safety zone consisting of a 5,000 foot by 2,500 foot
aerobatic box, over the waterfront area of Wrightsville Beach, NC to
ensure the safety of vessels and the navigable waters within the
designated safety zone before, during, and after the scheduled event.
The Coast Guard is issuing this rule under authority in 46 U.S.C.
70034.
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. There is insufficient time to solicit and respond to comments
if the rule is to be in place by Oct. 2.
In addition, as there are less than 30 days between publication of
this rule and Oct. 2, it is impracticable to delay the effective date
of the rule by 30 days. Therefore, the Coast Guard also 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 FR.
III. Discussion of the Rule
The COTP is establishing a safety zone from 4:30 p.m. to 6:30 p.m.
on October 02, 2025. The safety zone would cover all navigable waters
within a 5,000 foot by 2,500 foot aerobatic box located near the
waterfront area of Wrightsville Beach, NC. The duration of the zone is
intended to ensure the safety of vessels and these navigable waters
before, during, and after the scheduled 4:30 p.m. to 6:30 p.m. air show
display. No vessel or person will be permitted to enter the safety zone
without obtaining permission from the COTP or a designated
representative. To seek permission to enter, contact the COTP or the
COTP's representative by calling the Sector North Carolina Command
Center at phone number 833-732-8628. The regulatory text of the rule
appears at the end of this document.
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), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
call or email 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 would 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
A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and
[[Page 45335]]
responsibilities among the various levels of government. We have
analyzed this rule under that Order and have determined that it is
consistent with the fundamental federalism principles and preemption
requirements described in Executive Order 13132.
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. 4321-4370f), 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
lasting 2 hours that prohibits entry within a 5,000 foot by 2,500 foot
aerobatic box on the waterfront area of Wrightsville Beach, NC. 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. To view documents mentioned in this rule as
being available in the docket, find the docket as described in the
ADDRESSES paragraph, and then select ``Supporting & Related Material''
in the Document Type column.
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; Department of Homeland Security Delegation No.
00170.1, Revision No. 01.4.
0
2. Add Sec. 165.T05-0776 to read as follows:
Sec. 165.T05-0776 Safety Zone; Air Show within the Captain of the
Port, North Carolina Zone.
(a) Location. The following area is a safety zone: All waters of
the Atlantic Ocean, from surface to bottom, encompassed by a line
connecting the following points beginning at 34[deg]12'29'' N,
77[deg]47'32'' W; thence to 34[deg]12'15'' N, 77[deg]47'07'' W; thence
to 34[deg]11'36'' N, 77[deg]47'38'' W; thence to 34[deg]11'48'' N,
77[deg]48'04'' W, and along the shoreline back to the beginning point,
marked by a combination of stationary and anchored markers. These
coordinates are based on 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 by calling the Sector North Carolina Command Center at
phone number 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 6:30 p.m. on October 2, 2025.
T.J. List,
Captain, U.S. Coast Guard, Captain of the Port, Sector North Carolina.
[FR Doc. 2025-18272 Filed 9-19-25; 8:45 am]
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