Safety Zone; Hurricanes, Tropical Storms, and Severe Weather Events in the Sector Mobile Captain of the Port Zone

Issuing agencies

Abstract

The Coast Guard is establishing 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 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 166 (Friday, August 28, 2026)</title>
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[Federal Register Volume 91, Number 166 (Friday, August 28, 2026)]
[Rules and Regulations]
[Pages 55479-55481]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17627]


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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, Department of Homeland Security.

ACTION: Final rule.

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SUMMARY: The Coast Guard is establishing 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 ports and waters within the zone prior to, during and immediately 
following these events.

DATES: This rule is effective September 28, 2026.

ADDRESSES: To 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 rule, 
contact Marine Science Technician Chief Petty Officer Stacy Stevenson, 
Waterways Management Division, U.S. Coast Guard; telephone 251-382-
8653, or email <a href="/cdn-cgi/l/email-protection#e2b18781968d908f8d808b8e87958396879095839b91a297918185cc8f8b8e"><span class="__cf_email__" data-cfemail="0c5f696f78637e61636e6560697b6d78697e7b6d757f4c797f6f6b22616560">[email&#160;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

    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 needed 
to protect mariners, port infrastructure, and the environment before, 
during, and after extreme weather events. The COTP is establishing 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 Comments and the Rule

    The Coast Guard published a Notice of Proposed Rulemaking (NPRM) 
for this regulation on June 5, 2026 (91 FR 34183). During the comment 
period that ended on July 6, 2026, we received zero comments.
    The Coast Guard is establishing 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 rule establishes 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 safety zone consists 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.
    There are no substantive changes in the regulatory text of this 
final rule from the NPRM. There is a technical change in the regulation 
number from 165.847 in the NPRM to 165.849 in this final rule.

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.

[[Page 55480]]

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 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 that, although some small entities may 
intend to operate within the safety zone area, this rule will not have 
a significant economic impact on a substantial number of small 
entities. The restrictions associated with this regulation will only be 
enforced for short periods of time during heavy weather when vessel 
operations are already restricted primarily by environmental factors.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), if this 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 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 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 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 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 rule involves a safety zone that will require certain 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. 
A Record of Environmental Consideration supporting this determination 
is available in the docket.

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; DHS Delegation No. 00170.1, Revision No. 01.4.

0
2. Add Sec.  165.849 to read as follows:


Sec.  165.849  Safety Zone; Hurricanes, Tropical Storms, and Severe 
Weather Events within the Sector Mobile Captain of the Port 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 
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) Port Conditions. When the COTP sets a Port 
Condition described in paragraph (b) of this section, 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.
    (i) Port Condition WHISKEY. (A) All vessels and port facilities in 
a regulated

[[Page 55481]]

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.
    (B) 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.
    (C) 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.
    (D) 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.
    (ii) Port Condition X-RAY. (A) 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.
    (B) 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.
    (iii) Port Condition YANKEE. (A) 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.
    (B) 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.
    (iv) 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.
    (v) 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 
<a href="/cdn-cgi/l/email-protection#720117111f1d10111132070111155c1f1b1e"><span class="__cf_email__" data-cfemail="95e6f0f6f8faf7f6f6d5e0e6f6f2bbf8fcf9">[email&#160;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. 2026-17627 Filed 8-27-26; 8:45 am]
BILLING CODE 9110-04-P


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