Safety Zone; Sector Mobile Captain of the Port Zone, Mobile, AL

Issuing agencies

Abstract

The Coast Guard is proposing to establish a temporary moving safety zone and two temporary fixed safety zones to support the arrival and dismantling of the EX ENTERPRISE, formerly the USS ENTERPRISE (CVN- 65), in the Sector Mobile Captain of the Port Zone. This proposed rulemaking would prohibit persons and vessels from entering these zones unless authorized by the Captain of the Port, Sector Mobile. We invite your comments on this proposed rulemaking.

Full Text

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<title>Federal Register, Volume 91 Issue 189 (Thursday, October 1, 2026)</title>
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[Federal Register Volume 91, Number 189 (Thursday, October 1, 2026)]
[Proposed Rules]
[Pages 62368-62371]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20124]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-1214]
RIN 1625-AA00


Safety Zone; Sector Mobile Captain of the Port Zone, Mobile, AL

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing to establish a temporary moving 
safety zone and two temporary fixed safety zones to support the arrival 
and dismantling of the EX ENTERPRISE, formerly the USS ENTERPRISE (CVN-
65), in the Sector Mobile Captain of the Port Zone. This proposed 
rulemaking would prohibit persons and vessels from entering these zones 
unless authorized by the Captain of the Port, Sector Mobile. We invite 
your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast 
Guard on or before October 16, 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-2026-1214.

FOR FURTHER INFORMATION CONTACT: If you have questions about this rule, 
contact Lieutenant Zachary West, Waterways Management--Division, U.S. 
Coast Guard Sector Mobile; telephone (251) 382-8653, email 
<a href="/cdn-cgi/l/email-protection#da89bfb9aeb5a897b5b8b3b6bf8dbbaebfa8adbba3a99aafa9b9bdf4b7b3b6"><span class="__cf_email__" data-cfemail="01526462756e734c6e63686d6456607564737660787241747262662f6c686d">[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

    In June 2026, the U.S. Navy awarded a contract for the dismantling, 
recycling, and disposal of EX ENTERPRISE. Under this contract, EX 
ENTERPRISE will be dismantled in its entirety, and all resulting 
materials will be recycled or disposed of. Specifically, hazardous 
materials, including low-level radioactive waste, will be packaged and 
safely transported for disposal at authorized licensed sites. The 
vessel will be towed to its designated dismantlement location and has 
no capability to maneuver under its own power. Work will be performed 
in Mobile, Alabama, and is expected to be completed by December 2030. 
The receiving facility for the EX ENTERPRISE is on the west side of the 
Mobile River, located at 701 South Royal Street, in Mobile, AL.
    To support the project, the U.S. Coast Guard was asked to establish 
a moving safety zone around the vessel and a temporary fixed safety 
zone on portions of the Mobile Bay and Mobile River channels to address 
risks associated with its transit into Mobile, and a second temporary 
fixed safety zone around the EX ENTERPRISE to address risk associated 
with the dismantling operation. These risks include the fact that EX 
ENTERPRISE has no propulsion, limited maneuverability, and contains 
regulated materials requiring controlled handling. When moored, the 
vessel will undergo prolonged dismantling operations involving the 
removal of hazardous materials and regulated waste, including 
radiological materials. Work crews, equipment, and response assets will 
be actively engaged on and around the hull. The Captain of the Port 
Sector Mobile (COTP) has determined that the transit and dismantling 
operations

[[Page 62369]]

present safety concerns for the EX ENTERPRISE, personnel involved with 
the operations, and the public. Therefore, the COTP is proposing this 
rule under the authority in 46 U.S.C. 70034, which is needed to protect 
personnel and vessels in the navigable waters within these zones.
    The Coast Guard is providing a comment period of fewer than 30 days 
because EX ENTERPRISE is scheduled to arrive on or about November 13, 
2026, and the proposed safety zones must be in place by that date to 
ensure public and vessel safety during the tow and arrival operations. 
Providing a full 30-day comment period would prevent the Coast Guard 
from implementing necessary protections in time and would be contrary 
to the public interest.

III. Discussion of the Rule

    To protect vessels, personnel, and the marine environment from 
hazards associated with the towing operations and subsequent 
dismantling of the EX ENTERPRISE, this proposed rule would establish a 
temporary moving safety zone that will be in effect whenever EX 
ENTERPRISE is underway and actively being towed within the Mobile COTP 
Zone. This moving safety zone would encompass all navigable waters 
within 100 yards of EX ENTERPRISE and all vessels involved in the dead-
ship tow operation. The arrival of the EX ENTERPRISE into the Mobile 
COTP zone is anticipated to occur sometime in November 2026, and the 
COTP will provide specific notice of the enforcement date and time 
through Broadcast Notice to Mariners and other public advisories. 
Enforcement of the temporary moving safety zone would terminate once 
the EX ENTERPRISE is moored at the receiving facility.
    This proposed rule would also establish a temporary fixed safety 
zone on all waters of the navigational channel, extending from the 
Mobile Bar Lighted Buoy 1 (LLNR 6100) northward to the Mobile River 
Channel ending at the Cochrane Bridge. Enforcement of this safety would 
begin upon arrival of the EX ENTERPRISE to the entrance of the Mobile 
Bar Channel until the vessel is moored at the receiving facility. The 
COTP will provide specific notice of the enforcement date and time 
through Broadcast Notice to Mariners and other public advisories. 
Enforcement of the moving safety zone and the fixed safety zone on the 
navigational channel would terminate once the EX ENTERPRISE is moored 
at the receiving facility.
    In addition, this proposed rule would establish another temporary 
fixed-safety zone, extending 200-ft around the EX ENTERPRISE once it is 
moored at the receiving facility. This safety zone will remain in 
effect throughout the dismantling operations, for an estimated period 
of five years. Vessels may transit through portions of the safety zone 
that overlap the Federal channel only for direct and expeditious 
passage, while remaining within the channel, maintaining the maximum 
safe distance from EX ENTERPRISE, and not stopping or loitering. This 
zone is necessary due to the extensive dismantling work, removal of 
hazardous and regulated materials, and the continuous presence of 
personnel and equipment on and around the hull, all of which create 
elevated risks to nearby traffic.
    The duration and enforcement periods for the temporary moving 
safety zone, temporary fixed safety zone, and the temporary fixed 
moored safety zone have been tailored to ensure protection of 
personnel, vessels, and the marine environment in these navigable 
waters while minimizing impacts on other waterway users to only what is 
necessary.
    The COTP will issue a Broadcast Notice to Mariners via marine 
channel 16 (VHF-FM) and an MSIB announcing the exact dates and times of 
enforcement to the local maritime community. No vessel or person may 
enter these safety zones without obtaining permission from the COTP or 
their designated representative. 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 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 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.
    Vessel traffic will be able to transit around the safety zones, and 
may also transit through the zones with permission from the COTP or a 
designated representative. Although these zones restrict movement in 
the immediate vicinity of EX ENTERPRISE, the overall impact on 
navigation is expected to be limited. The zones are narrowly tailored 
to the operational footprint of the tow and dismantling activities, and 
enforcement will occur only during defined periods necessary to ensure 
the safety of workers, nearby vessels, and the marine environment.
    In addition, the Coast Guard will issue a Marine Safety Information 
Bulletin and Broadcast Notice to Marines via VHF FM marine channel 16, 
which will allow small entities to adjust their transit plans, and the 
rule allows vessels to request permission to enter the regulated area 
from the COTP.
    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

[[Page 62370]]

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 is a temporary safety zone and two temporary 
fixed safety zones. 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.

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-2026-1214 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. Add Sec.  165.T08-1214 to read as follows:


Sec.  165.T08-1214  Safety Zone; Sector Mobile Captain of the Port 
Zone, Mobile, AL

    (a) Locations. (1) The following area is a moving safety zone: all 
navigable waters within a 100-yard radius of the EX ENTERPRISE and all 
vessels involved in the dead ship tow operation within the Sector 
Mobile Captain of the Port Zone.
    (2) The following area is a fixed safety zone: all navigable waters 
within any Federal channel from the Mobile Bar Channel, beginning at 
the Mobile Bar Lighted Buoy 1 (LLNR 6100), extending northward to the 
Mobile River Channel ending at the Cochrane Bridge.
    (3) The following area is a fixed safety zone: All navigable waters 
within a 200-ft radius of the EX ENTERPRISE while moored at the 
receiving facility on the west side of the Mobile River, located at 701 
South Royal Street, in Mobile, AL.
    (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 Mobile (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 zones described in 
paragraphs (a)(1), (a)(2) and (a)(3) of this section unless authorized 
by the COTP or the COTP's designated representative.
    (2) Vessels may transit through portions of the fixed safety zone 
described in paragraph (a)(3) that overlap the Federal channel only for 
direct and expeditious passage, while remaining within the channel, 
maintaining the maximum safe distance from EX ENTERPRISE, and not 
stopping or loitering.
    (3) To seek permission to enter, contact the COTP or the COTP's 
representative on VHF-FM channel 16 or by telephone at (251) 266-5888. 
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 periods. This temporary regulation is effective 
from November 13, 2026 until December 31, 2030. The zones described in 
paragraph (a) will be enforced during the periods described below.
    (1) The moving safety zone described in paragraph (a)(1) will be 
enforced during the transit of the EX ENTERPRISE on all navigable 
waters of the United States within the Captain of the Port Sector 
Mobile zone, until the vessel is moored at the receiving facility.
    (2) The fixed safety zone described in paragraph (a)(2) of this 
part will be enforced beginning when the EX ENTERPRISE arrives at the 
entrance of the Mobile Bar Channel at the Mobile Bar Lighted Buoy 1 
(LLNR 6100), and will remain in effect, until the vessel is moored at 
the receiving facility.
    (3) The fixed safety zone described in paragraph (a)(3) will be 
enforced once the EX ENTERPRISE is moored at the receiving facility and 
will remain in effect until the dismantlement project has progressed to 
a stage deemed safe for nearby vessel traffic by the Captain of the 
Port (COTP). The dismantlement project is expected to be completed by 
December 2030. If the project is completed before December 31, 2030, 
enforcement of the fixed safety zone described in paragraph (a)(3) will 
be terminated, and notice given via Local Notice to Mariners. The USCG 
Heartland District Local Notice to

[[Page 62371]]

Mariners can be found at: <a href="http://www.navcen.uscg.gov">http://www.navcen.uscg.gov</a>.
    (4) For each enforcement period generally described above, the 
Captain of the Port (COTP) will issue a Marine Safety Information 
Bulletin (MSIB) and Broadcast Notice to Mariners via marine channel 16 
(VHF-FM), and Local Notice to Mariners announcing the exact dates and 
times of the enforcement periods in advance to the local maritime 
community.

M.O. Vega,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2026-20124 Filed 9-30-26; 8:45 am]
BILLING CODE 9110-04-P


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