Coast Guard Implements Urgent Temporary Safety Zone for Atlantic City Offshore Airshow

The U.S. Coast Guard has established a temporary safety zone in the navigable waters of the Atlantic Ocean near Atlantic City, New Jersey, in anticipation of an offshore airshow. Effective from May 29 through May 31, 2026, and enforced daily between 11:30 a.m. and 3:30 p.m., this measure is designed to safeguard lives on the water during the aerial event. It explicitly prohibits all persons and vessels from entering the designated area without express authorization from the Captain of the Port, Sector Delaware Bay, or their appointed representative.

Rationale for the Safety Zone

The need for this safety zone arises from the inherent risks associated with an airshow conducted over water. Event organizers notified the Coast Guard on April 1, 2026, about the impending airshow. The Captain of the Port (COTP) Delaware Bay, acting under the authority of 46 U.S.C. 70034, determined that allowing normal vessel traffic below the airshow during performances would pose significant hazards. These potential dangers include the risk of vessels or individuals being struck by aircraft or debris in the event of a mid-air collision, or if an airshow pilot loses control and an aircraft crashes. The primary objective of this temporary rule is to protect both event spectators and transiting vessels from such unforeseen circumstances.

Expedited Rulemaking Process

Notably, the Coast Guard issued this rule as a temporary final rule without prior notice and public comment. The agency invoked the "good cause" exception under 5 U.S.C. 553(b)(B), citing impracticability due to the tight timeline. With notification received on April 1, 2026, for an event commencing May 29, 2026, the Coast Guard asserted insufficient time to solicit and respond to public comments while still ensuring the safety zone was in place by the event start date. For similar reasons, the rule is effective less than 30 days after publication in the Federal Register, as permitted by 5 U.S.C. 553(d)(3).

Geographic Scope and Enforcement

The regulated area encompasses specific navigable waters of the Atlantic Ocean near Atlantic City. It is defined by a polygon originating on the shoreline at approximate position latitude 39 degrees 21 minutes 24.06 seconds N, longitude 074 degrees 24 minutes 56.09 seconds W. From there, it extends east to 39 degrees 20 minutes 46.89 seconds N, 074 degrees 24 minutes 41.85 seconds W; then south to 39 degrees 20 minutes 39.72 seconds N, 074 degrees 25 minutes 58.45 seconds W; then west to the shoreline at 39 degrees 21 minutes 6.55 seconds N, 074 degrees 26 minutes 8.41 seconds W; and finally, north along the shoreline back to the point of origin. These coordinates are based on the World Geodetic System (WGS 84). The regulation strictly prohibits unauthorized entry, transit, anchoring, or remaining within this area. Compliance with orders from the COTP or a designated representative, which includes Coast Guard personnel and assisting Federal, State, and local officers, is mandatory. Permission to enter can be sought by contacting the COTP or their representative on VHF-FM channel 16.

Broader Regulatory Considerations

In developing this temporary rule, the Coast Guard conducted various regulatory analyses. The agency determined that the provisions of the Regulatory Flexibility Act do not apply, as the rule was not subject to notice and comment. Similarly, it concluded that the rule would not impose new information collection burdens under the Paperwork Reduction Act. Analyses under Executive Order 13132 (Federalism) and Executive Order 13175 (Indian Tribal Governments) found the rule consistent with federalism principles and without tribal implications. Furthermore, the Unfunded Mandates Reform Act was deemed inapplicable, as the rule is not expected to result in significant annual expenditures. From an environmental perspective, the action was categorized as excluded from further review under the National Environmental Policy Act (NEPA), falling under a category of actions with no significant environmental effect, and supported by a Record of Environmental Consideration.