Proposed Rule2026-10478
Safety Zone; Sector Mobile Annual and Recurring Safety Zones
Primary source
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Published
May 27, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to revise its regulations for permanent safety zones in the Coast Guard Sector Mobile Captain of the Port Zone, 33 CFR 165.801 Table 7, to update the current list with revisions and additional events. The proposed safety zones are necessary to protect event participants, waterway users, and vessels from the potential hazards associated with these recurring events. This proposed rulemaking would prohibit persons from being in the proposed safety zones without permission from the Captain of the Port (COTP) or the COTP's designated representative. We invite your comments on this proposed rulemaking.
Full Text
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<title>Federal Register, Volume 91 Issue 101 (Wednesday, May 27, 2026)</title>
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[Federal Register Volume 91, Number 101 (Wednesday, May 27, 2026)]
[Proposed Rules]
[Pages 31398-31400]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10478]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2026-0356]
RIN 1625-AA00
Safety Zone; Sector Mobile Annual and Recurring Safety Zones
AGENCY: Coast Guard, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to revise its regulations for
permanent safety zones in the Coast Guard Sector Mobile Captain of the
Port Zone, 33 CFR 165.801 Table 7, to update the current list with
revisions and additional events. The proposed safety zones are
necessary to protect event participants, waterway users, and vessels
from the potential hazards associated with these recurring events. This
proposed rulemaking would prohibit persons from being in the proposed
safety zones without permission from the Captain of the Port (COTP) or
the COTP's designated representative. We invite your comments on this
proposed rulemaking.
DATES: Comments and related material must be received by the Coast
Guard on or before June 26, 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-2026-0356.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking contact Chief Petty Officer Stacy Stevenson, U.S.
Coast Guard Sector Mobile Waterways, by telephone at 251-382-8653 or
email at <a href="/cdn-cgi/l/email-protection#5c2f393f28332e31333e3530392b3d28392e2b3d252f1c292f3f3b72313530"><span class="__cf_email__" data-cfemail="e69583859289948b89848f8a83918792839491879f95a693958581c88b8f8a">[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
Airshows, fireworks displays, and swim and sailing events are held
on a recurring basis on the navigable waters within the Coast Guard
Sector Mobile Captain of the Port Zone. The Coast Guard has established
safety zones for some of these recurring events to ensure the
protection of the maritime public and event participants from
associated potential hazards. The current list of annual and recurring
safety zones in the Captain of the Port Mobile Zone (COTP) appears in
Table 7 of 33 CFR 165.801, for airshows, fireworks displays and swim
and sailing events, respectively. This table was last amended by a
final rule entitled Safety Zone; Bay St. Louis, MS published in the
Federal Register on September 5, 2025 (90 FR 42814).
The Coast Guard proposes to update the title and the list of
recurring organized water events in Table 7 to 33 CFR 165.801 for
events held on navigable waters within the COTP Mobile Zone. These
events include airshows, fireworks displays, and swim and sailing
events that require a limited access area to restrict vessel traffic
for safety purposes. The current list in Table 7 must be amended to
provide new information on existing safety zones, to add new safety
zones, and to remove safety zones that are no longer required. The
proposed rule would also remove the regulation for barge-based
fireworks displays in 33 CFR 165.834 and relocate it to Table 7 of
Sec. 165.801--Sector Mobile Annual and Recurring Safety Zones,
consolidating all events under a single citation.
The purpose of this rulemaking is to ensure the safety of vessels,
event participants, and the navigable waters before, during, and after
a scheduled event. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.
The Coast Guard encourages the public to participate in this
proposed rulemaking through the comment process so that any necessary
changes can be identified and implemented in a timely and efficient
manner. The Coast Guard will address all public comments accordingly,
whether through response, additional revision to the regulation, or
otherwise.
III. Discussion of the Rule
This proposed rule revises Table 7 to 33 CFR 165.801 by updating
information for recurring safety zones in the COTP Mobile Zone. These
updates include the following: (1) amend the title of Table 7; (2)
amend the language for rows 1 through 4; (3) replace rows 5 and 6 with
new recurring safety zones; (4) add new recurring safety zones to row 7
and rows 9 through 12; and (5) move the recurring safety zone
regulation 33 CFR 165.834 to row 8. For events listed in the table,
entry into the safety zone locations would be prohibited on the dates
and times of the event, without permission of the Captain of the Port
or a designated representative. This rule would also remove the
regulation for barge-based fireworks displays in 33 CFR 165.834 and
relocate it to Table 7 of 33 CFR 165.801 to consolidate recurring
events in the COTP Mobile Zone.
IV. Regulatory Analyses
We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analysis 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, 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
[[Page 31399]]
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.
In general, the safety zone proposed by this rule are in areas
where vessels may safety transit around the zone. If that is not
possible, vessels may be able to transit through a safety zone with the
Captain of the Port's permission. Also, these safety zones will only be
enforced for limited durations, and the Coast Guard will issue a
Broadcast Notice to Mariners via VHF FM marine channel 16, which will
allow small entities to adjust their transit plans.
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 significant effect on the human
environment.
This proposed rule is for the establishment of safety zones located
in the immediate vicinity of various marine events and that will each
be enforced for a relatively short duration. 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.
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-2026-0356 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. Remove Sec. 165.834 Safety Zone; Reoccurring Firework Displays near
Convention Center on the Mobile River, Mobile, AL
0
3. Revise Table 7 of Sec. 165.801 to read as follows:
* * * * *
[[Page 31400]]
Table 7 of Sec. 165.801--Sector Mobile Annual and Recurring Safety Zones
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Date Sponsor/name Sector mobile location Safety zone
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1. Multiple dates from May to Harbor Walk Seasonal East Pass to East Pass to Choctawhatchee
December. Firework. Choctawhatchee Bay, Bay, to include all waters
Destin, FL. extending 700' in all
directions from a
fireworks display barge
located in the East Pass.
2. July 4th........................ City of Niceville Boggy Bayou, Boggy Bayou, to include all
Fireworks. Niceville, FL. waters extending 250 yards
around a fireworks display
barge that will be located
at the approximate
position 30[deg]30'46'' N,
86[deg]29'13'' W. located
at the approximate
position 30[deg]30'46'' N,
86[deg]29'13'' W.
3. 1 Day; Last week in June or 1st Hurlburt Field AFB Santa Rosa Sound, Mary Santa Rosa Sound, to
week of July. Fireworks. Esther, FL. include all waters
extending 200 yards around
a fireworks display barge
that will be located south
of Hurlburt Field.
4. July 4th........................ Mississippi Sound Mississippi Sound, Mississippi Sound, to
Fireworks. Biloxi, MS. include all waters
extending 250 yards around
a fireworks display barge,
between channel markers
R``18'' and R``22'' and
north of Deer Island.
5. 4 Days; 2nd weekend in July..... Pensacola Beach Air Gulf of America & Gulf of America, to include
Show. Santa Rosa Sound, all waters 1.75 nautical
Pensacola, FL. miles east and 1.5
nautical miles west of
position 30[deg]19'36'' N,
87[deg]08'23'' W and
extending 1000 yards south
of Pensacola Beach
creating a box, referred
to as the ``Show Box''.
Santa Rosa Sound to
include all waters from
Deer Point to Sharp Point
and all waters within
Little Sabine Bay.
6. 3rd or 4th Saturday or Sunday of Swim/paddle event St. Louis Bay, Bay St. St. Louis Bay, to include
September. across St. Louis Bay. Louis, MS. all waters bound by the
following approximate
coordinates: 30[deg]19'8''
N, 89[deg]19'19'' W,
30[deg]18'58'' N
89[deg]17'25'' W,
30[deg]18'22'' N,
89[deg]19'39'' W,
30[deg]18'18'' N,
89[deg]17'34'' W.
7. Recurring dates throughout the Pensacola Sailing/ Pensacola Bay, Pensacola Bay, to include
year.. Foiling Regatta. Pensacola, FL. all navigable waters west
of Pensacola Bay Bridge
along the southern
shoreline to
30[deg]20'36'' N,
087[deg]11'01'' W at Deer
Point, south to
30[deg]20'21'' N,
087[deg]11'00'' W, then
along the north side of
the Gulf Intra Coastal
Waterway to 30[deg]19'56''
N, 087[deg]15'58'' W, then
north to 30[deg]20'40''N,
087[deg]16'00'' W, and
along the shoreline to the
Pensacola Bay Bridge,
excluding Bayou Grande,
Davenport Bayou, Bayou
Chico Channel, Pensacola
Bay Channel, and the Gulf
Intracoastal Waterway.
8. Recurring Fireworks Display..... Mobile River Fireworks Mobile River, Mobile, Mobile River, to include
AL. all waters 100 yards in
all directions from
fireworks display barges
in the vicinity of Mile
Marker 0 near the Arthur
R. Outlaw Convention
Center.
9. 2 Days in April................. Panama City Airshow... Gulf of America, Gulf of America, to include
Panama City, FL. waters bound by the
following approximate
coordinates:
30[deg]12'57'' N,
85[deg]53'56'' W,
30[deg]13'18'' N,
85[deg]53'42''
W,30[deg]11'55'' N,
85[deg]52'01'' W, and
30[deg]12'16'' N,
85[deg]51'47'' W.
10. 2 Days in October or November.. Keesler Air Force Base Biloxi Back Bay Base Show Box: Biloxi Back
Airshow. Waterway and Bay, to include waters
Mississippi Sound, bound by the following
Biloxi, MS. approximate coordinates:
30[deg]24'25'' N,
88[deg]55'58'' W,
30[deg]24'14'' N,
88[deg]55'39'' W;
30[deg]25'02'' N,
88[deg]54'60'' W;
30[deg]25'14'' N,
88[deg]55'18'' W. Beach
Show Box: Mississippi
Sound, to include all
waters bound by the
following approximate
coordinates 30[deg]23'33''
N, 88[deg]55'55'' W,
30[deg]23'34'' N,
88[deg]53'38'' W,
30[deg]23'3'' N,
88[deg]55'55'' W,
30[deg]23'4'' N,
88[deg]53'38'' W.
11. Multiple days in April......... Powerboat Races....... Mississippi Sound, Mississippi Sound, all
Biloxi, MS. waters bound by the
following approximate
positions: 30[deg]23'30''
N, 88[deg]52'7''W,
30[deg]23'24'' N,
88[deg]52'14'' W,
30[deg]23'22'' N,
88[deg]52'13''W,
30[deg]23'18'' N,
88[deg]52'7'' W,
30[deg]23'11'' N,
88[deg]51'51'' W
30[deg]23'12'' N,
88[deg]51'45'' W,
30[deg]23'18'' N,
88[deg]51'44'' W,
30[deg]23'23'' N,
88[deg]51'45'' W
12. Semiannually................... Drone Show............ Mississippi Sound, Mississippi Sound, all
Biloxi, MS. waters bound by the
following approximate
positions: 30[deg] 23'25''
N, 88[deg] 53'47'' W,
30[deg] 23'34'' N, 88[deg]
53'38'' W, to 30[deg]
23'28'' N, 088[deg]
53'12'' W, 30[deg] 23'25''
N, 88[deg] 53'12'' W
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M. O. Vega,
Captain, U.S. Coast Guard, Captain of the Port Mobile.
[FR Doc. 2026-10478 Filed 5-26-26; 8:45 am]
BILLING CODE 9110-04-P
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