Proposed Rule2026-11310
Safety Zone; Hurricanes, Tropical Storms, and Severe Weather Events in the Sector Mobile Captain of the Port Zone
Primary source
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Published
June 5, 2026
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is proposing to establish a safety zone in the navigable waters within the Sector Mobile Captain of the Port (COTP) zone, to be enforced in the event of hurricanes, tropical storms, and other severe weather events. This regulation establishes requirements for industry and vessel operators in the Mobile COTP zone, to ensure the safety of the safety of the ports and waters within the zone prior to, during and immediately following these events.
Full Text
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<title>Federal Register, Volume 91 Issue 108 (Friday, June 5, 2026)</title>
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[Federal Register Volume 91, Number 108 (Friday, June 5, 2026)]
[Proposed Rules]
[Pages 34183-34186]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-11310]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2024-0465]
RIN 1625-AA00
Safety Zone; Hurricanes, Tropical Storms, and Severe Weather
Events in the Sector Mobile Captain of the Port Zone
AGENCY: Coast Guard, DHS.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Coast Guard is proposing to establish a safety zone in the
navigable waters within the Sector Mobile Captain of the Port (COTP)
zone, to be enforced in the event of hurricanes, tropical storms, and
other severe weather events. This regulation establishes requirements
for industry and vessel operators in the Mobile COTP zone, to ensure
the safety of the safety of the ports and waters within the zone prior
to, during and immediately following these events.
DATES: Comments and related material must be received by the Coast
Guard on or before July 6, 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-2024-0465.
FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email Marine Science Technician Chief
Petty Officer Stacy Stevenson, Waterways Management Division, U.S.
Coast Guard; telephone 251-382-8653, email
<a href="/cdn-cgi/l/email-protection#8bd8eee8ffe4f9e6e4e9e2e7eefceaffeef9fceaf2f8cbfef8e8eca5e6e2e7"><span class="__cf_email__" data-cfemail="71221412051e031c1e13181d1406100514030610080231040212165f1c181d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
COTP Sector Mobile Captain of the Port
II. Background and Authority
The Gulf Coast of Mississippi, Alabama, and northwest Florida has
the potential to be affected by hurricanes, tropical storms or other
severe weather events on a yearly basis, especially between the months
of June and November. These storms and other events create hazardous
conditions in the port, including but not limited to damaging winds,
storm surge and heavy waves, inaccurate or off-station aids-to-
navigation, and the potential for navigational obstructions. The
purpose of this rulemaking is to establish a permanent safety zone
regulation to allow for quick activation of limited access areas when
needed to protect mariners, port infrastructure, and the environment
before, during, and after extreme weather events. 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
The COTP is proposing to establish a safety zone to be activated
and enforced as needed to respond to hurricanes, tropical storms, or
other severe weather events on navigable waters of the Coast Guard
Sector Mobile COTP zone. This proposed rule would establish actions to
be completed by local industry and vessels in the Mobile COTP zone
prior to landfall of hurricanes, tropical storms, or other severe
weather events threatening the Mobile COTP zone. The proposed safety
zone would consist of all navigable waters of the Mobile COTP zone, as
prescribed in 33 CFR 3.40-10. However, for each particular hurricane or
tropical storm, the specific restricted areas may be smaller and
comprise only a portion of the Sector Mobile COTP zone. The area being
enforced, along with the enforcement dates and times, would be
announced to the public in advance by Broadcast Notice to Mariners and
other public advisories. 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 (RFA) 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
[[Page 34184]]
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.
While some owners or operators of vessels intending to transit
safety zone may be small entities, for the reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
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 rule would economically affect it.
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Public Law 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 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
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. 4321-4370f), 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 proposed rule involves a safety zone that would prohibit entry
in certain waters of the Mobile COTP, and require certain other actions
from vessel and facility operators, during period prior to, during, and
following hurricanes, tropical storms, or other severe weather events.
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-2026-0465 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 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; DHS Delegation No. 00170.1, Revision No. 01.4.
0
2. Add Sec. 165.847 to read as follows:
Sec. 165.847 Safety Zone; Hurricanes, Tropical Storms, and Severe
Weather Events Within the Sector Mobile Captain of the Port (COTP)
Zone.
(a) Regulated Area. All navigable waters within the Sector Mobile
Captain of the Port (COTP) zone, as described in 33 CFR 3.40-10, or
some portion of those waters, during specified port conditions. Port
conditions and safety zone activation may vary for different portions
of the regulated area at different times, based on storm conditions and
the storm's projected track.
(b) Definitions. (1) 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 COTP Mobile in the
enforcement of the safety zone.
(2) Port Condition WHISKEY means a condition set by the COTP when
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weather advisories indicate sustained gale force winds or higher,
greater than 39 mph or 47 knots, from a weather event are predicted to
make landfall at the port within 72 hours.
(3) Port Condition X-RAY means a condition set by the COTP when
weather advisories indicate sustained gale force winds or higher,
greater than 39 mph or 47 knots, from a weather event are predicted to
make landfall at the port within 48 hours.
(4) Port Condition YANKEE means a condition set by the COTP when
weather advisories indicate that sustained gale force winds or higher,
greater than 39 mph or 47 knots, from a weather event are predicted to
make landfall at the port within 24 hours.
(5) Port Condition ZULU means a condition set by the COTP when
weather advisories indicate that sustained gale force winds or higher,
greater than 39 mph or 47 knots, from a weather event are predicted to
make landfall at the port within 12 hours.
(6) Port Condition RECOVERY means the condition set by the COTP
during the recovery phase when weather advisories indicate that
sustained gale force winds from a weather event are no longer predicted
for the regulated area. This port condition remains in effect until the
regulated areas are safe and reopened to normal operations.
(c) Regulations. (1) When the COTP sets a Port Condition described
in paragraph (b), vessels and persons within a regulated area must
comply with the following requirements for each respective Port
Condition. The COTP may modify these requirements depending on weather
forecasts or other local factors. Any modification to the requirements
will be distributed to the public via broadcasts, marine safety
bulletins, or other methods.
(A) Port Condition WHISKEY. (i) All vessels and port facilities in
a regulated area must exercise due diligence in preparation for
potential storm impacts. Vessels, ports, and waterfront facilities must
initiate vessel and facility severe weather plans. All commercial
vessels with installed Automatic Identification Systems (AIS)--
regardless of tonnage, length, or service--that remain or transit
within port, will be required by the COTP to activate the AIS prior to
when Port Condition X-RAY is set by the COTP. All AIS shall remain
activated through Port Condition RECOVERY. Vessel operators must
contact the COTP if, for any reason, the installed AIS is not
activated.
(ii) Oceangoing vessels 500 gross tons (GT) and above must report
their intention to depart or remain in port to the COTP. Vessels
electing to depart should make plans to depart no later than the
setting of Port Condition YANKEE. Vessels wishing to remain in port are
required to submit a Notice of Intent to Remain in Port to the COTP
prior to setting Port Condition X-RAY.
(iii) Vessels scheduled for arrival into port before Port Condition
X-RAY is set by the COTP must make necessary berthing arrangements and
submit a mooring plan to the COTP prior to requesting entrance into
port unless expected to depart prior to setting Port Condition YANKEE.
(iv) All oceangoing commercial vessels and Coast Guard regulated
barges greater than 500 GT are prohibited from anchoring within
territorial waters under the cognizance of the COTP during a severe
weather event.
(B) Port Condition X-RAY. (i) Oceangoing commercial vessels greater
than 500 GT not approved to remain in port should start departing the
port immediately, including ensuring cargo operations are secured to
meet sail times. Vessels requiring tugs and pilots during their transit
should arrange for these services immediately. Smaller vessels should
seek shelter in preparation for possible port closure. AIS shall remain
activated through Port Condition RECOVERY. Vessel operators must
contact the COTP if for any reason the installed AIS is not activated.
(ii) All waterfront facilities and vessels should prepare to
terminate cargo operations in preparation for storm arrival. All port
facilities in a regulated area must ensure that potential flying debris
is removed or secured. Hazardous materials/pollution hazards must be
secured in a safe manner and away from waterfront areas. Containers
should be stacked no more than 4 high.
(C) Port Condition YANKEE. (i) All oceangoing vessels over 500 GT
must depart their respective ports for open ocean immediately, unless
authorized by the COTP to remain in port. All oceangoing commercial
vessels over 500 GT permitted to remain in port must implement their
pre-approved mooring arrangement to be followed until entering Port
Condition RECOVERY, have a navigation watch set and maintain a
listening watch on Channel 16 VHF-FM. Vessels allowed to remain in port
must have the decks clear of any missile hazards, potential pollution
hazards, and flammable materials. Inland tows are to be securely moored
and prepared for severe weather conditions. No vessels may enter the
port without permission of the COTP.
(ii) Terminal operators should terminate all cargo operations not
associated with storm preparations. Cargo operations associated with
storm preparations include moving cargo within or off the port for
securing purposes, port/facility equipment preparations, and similar
activities, but do not include moving cargo onto the port or vessel
loading/discharging operations unless specifically authorized by the
COTP. Bunkering and lightering operations will be suspended at the
COTP's discretion with all bunkering, lightering, and/or cargo
transfers suspended when winds reach 40 mph sustained. Transfer hoses
and arms should be disconnected prior to sustained winds over 50 mph.
All facilities must continue to operate in accordance with approved
Facility Security Plans and comply with the requirements of the
Maritime Transportation Security Act.
(D) Port Condition ZULU. Regulated areas are closed to all vessel
traffic except those specifically authorized by the COTP. Cargo
operations are suspended, including bunkering and lightering. This
provision does not apply to operations involving Cargo of Particular
hazard or Certain Dangerous Cargoes, which in every case must be
suspended. If a vessel is authorized by the COTP to remain in port,
ensure the vessel is securely moored and prepared for severe weather
conditions.
(E) Port Condition RECOVERY. Regulated areas are closed to all
vessel movements until safe for passage. Based on assessments of
channel conditions, navigability concerns, and hazards to navigation,
the COTP may permit vessel movements with restrictions. Restrictions
may include, but are not limited to, preventing vessel movements,
imposing draft, speed, size, horsepower, daylight restrictions, or
directing the use of specific routes. Vessels permitted to transit the
regulated area shall comply with the lawful orders or directions given
by the COTP or designated representative.
(2) Regulated Area Notice. The COTP will notify the maritime
community of the designated ports and/or waterways within the COTP zone
and the time periods during which these restrictions will be in effect
via Broadcast Notice to Mariners, Marine Safety Information Bulletin or
by on-scene designated representatives.
(3) Exception. This regulation does not apply to authorized law
enforcement agencies operating within the regulated area(s).
(d) Contact information. The COTP may be contacted by email at
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<a href="/cdn-cgi/l/email-protection#35465056585a57565675404656521b585c59"><span class="__cf_email__" data-cfemail="f08395939d9f929393b085839397de9d999c">[email protected]</span></a>, or by phone at 251-266-5888.
M.O. Vega,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2026-11310 Filed 6-4-26; 8:45 am]
BILLING CODE 9110-04-P
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