Safety Zone; S.S. UNITED STATES Dead Ship Tow, Sector Mobile Captain of the Port Zone, Mobile, AL

Issuing agencies

Abstract

The Coast Guard is establishing a temporary moving safety zone around the S.S. UNITED STATES and all vessels involved in its towage through the Mobile River Channel, Mobile Bay, and the Gulf of America. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by the dead ship tow. Entry of persons and vessels into this zone is prohibited unless specifically authorized by the Captain of the Port (COTP), Sector Mobile.

Full Text

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<title>Federal Register, Volume 91 Issue 209 (Friday, October 30, 2026)</title>
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[Federal Register Volume 91, Number 209 (Friday, October 30, 2026)]
[Rules and Regulations]
[Pages 68477-68478]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22249]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2026-0095]
RIN 1625-AA00


Safety Zone; S.S. UNITED STATES Dead Ship Tow, Sector Mobile 
Captain of the Port Zone, Mobile, AL

AGENCY: Coast Guard, Department of Homeland Security.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary moving safety zone 
around the S.S. UNITED STATES and all vessels involved in its towage 
through the Mobile River Channel, Mobile Bay, and the Gulf of America. 
The safety zone is needed to protect personnel, vessels, and the marine 
environment from potential hazards created by the dead ship tow. Entry 
of persons and vessels into this zone is prohibited unless specifically 
authorized by the Captain of the Port (COTP), Sector Mobile.

DATES: This rule is effective from November 6, 2026 through November 
16, 2026.

ADDRESSES: To view available documents go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and search for USCG-2026-0095.

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#d281b7b1a6bda09fbdb0bbbeb785b3a6b7a0a5b3aba192a7a1b1b5fcbfbbbe"><span class="__cf_email__" data-cfemail="55063036213a27183a373c3930023421302722342c2615202636327b383c39">[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
NM Nautical Mile
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background and Authority

    The Coast Guard received notification that S.S. UNITED STATES, a 
former commercial ocean liner, will be moved, via dead ship tow, from 
its current location in Mobile, AL to a point in the Gulf of America 
where it will be sunk as an artificial reef. The entities involved in 
this operations have requested that the Coast Guard establish a safety 
zone around the S.S. UNITED STATES, and all vessels involved in its 
towage, as it is towed from its pier in Mobile, Alabama, through the 
Mobile River Channel, Mobile Bay, and into the Gulf of America. Hazards 
from the departure of the S.S. UNITED STATES include restricted 
maneuverability of tow, wake from passing traffic, and potential for 
significant vessel congestion. The Captain of the Port Sector Mobile 
(COTP) has determined that these potential hazards associated with 
towing the S.S. UNITED STATES are a safety concern for anyone within 
100 yards of the towing evolution. Therefore, the COTP is issuing 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 vicinity of this dead-ship towing operation.
    Because of these potential hazards, the Coast Guard is issuing this 
rule without prior notice and comment. As is authorized by 5 U.S.C. 
553(b)(B), the Coast Guard finds that good cause exists for not 
publishing a notice of proposed rulemaking (NPRM) with respect to this 
rule because it is impracticable and contrary to the public interest. 
The schedule for this towing operation was not finalized until October 
20, 2026, and therefore the Coast Guard was unable to publish a Notice 
of Proposed Rulemaking for this safety zone prior to the dead-ship tow 
operation beginning as early as October 12, 2026. This safety zone must 
be established by November 6, 2026 to protect personnel, vessels, and 
the marine environment from the hazards associated with the operation. 
Therefore, we do not have enough time to solicit and respond to 
comments.
    For the same reasons, the Coast Guard finds that under 5 U.S.C. 
553(d)(3), good cause exists for making this rule effective less than 
30 days after publication in the Federal Register.

III. Discussion of the Rule

    This rule establishes a temporary moving safety zone that will be 
in effect from November 6, 2026, through November 16, 2026. The safety 
zone will cover all navigable waters within 100 yards of the S.S. 
UNITED STATES and all vessels involved in the dead ship tow operation. 
While the rule will be effective 10 days, the zone will only be 
enforced during active dead ship tow operations for the transit of the 
S.S. UNITED STATES from the pier in Mobile, AL until it reaches the 
limit of the United States Territorial Sea, approximately 12 Nautical 
Miles (NM) offshore of Destin, FL. The date and time of the vessel's 
departure will depend on weather and sea conditions in the area. In 
advance of the vessel's departure, the COTP will issue a Broadcast 
Notice to Mariners via marine channel 16 (VHF-FM), as well as other 
public advisories, to inform the local maritime community of the exact 
dates(s) and times that the safety zone will be enforced. No vessel or 
person would be permitted to enter the safety zone without obtaining 
permission from the COTP or their designated representative.

IV. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses

[[Page 68478]]

based on a number of these statutes and Executive orders.

A. Impact on Small Entities

    The regulatory flexibility analysis provisions of the Regulatory 
Flexibility Act of 1980, 5 U.S.C. 601-612, do not apply to rules that 
are not subject to notice and comment. Because the Coast Guard has, for 
good cause, waived the notice and comment requirement that would 
otherwise apply to this rulemaking, the Regulatory Flexibility Act's 
flexibility analysis provisions do not apply here.
    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). The Coast Guard will not retaliate against small entities 
that question or complain about this rule or any policy or action of 
the Coast Guard.

B. Collection of Information

    This 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 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 is a safety zone. 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.T08-0095 to read as follows:


Sec.  165.T08-0095 S.S.  UNITED STATES Dead Ship Tow, Sector Mobile 
Captain of the Port Zone, Mobile, AL

    (a) Location. The following area is a moving safety zone: All 
navigable waters within a 100-yard radius of the S.S. UNITED STATES and 
all vessels involved in the dead ship tow operation within the Sector 
Mobile Captain of the Port (COTP) Zone. The zone will become effective 
when the S.S. UNITED STATES departs the Modern American Recycling 
Services facility in Mobile, AL, and will move with the vessels until 
they reach the Territorial Sea boundary, approximately 12 Nautical 
Miles offshore of Destin, FL.
    (b) Definitions. As used in this section, designated representative 
is a commissioned, warrant, or petty officer of the U.S. Coast Guard 
assigned to units under the operational control of the Captain of the 
Port Sector Mobile.
    (c) Regulations. (1) Under the general safety zone regulations in 
subpart C of this part, you may not enter the safety zone described in 
paragraph (a) of this section unless authorized by the COTP or the 
COTP's designated representative.
    (2) 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 period. This section is effective from November 6, 
2026 through November 16, 2026. During this period, the safety zone 
will be enforced only while the S.S. UNITED STATES and all towing 
vessels supporting its operation are transiting within the COTP Mobile 
zone. The COTP will issue a Broadcast Notice to Mariners via marine 
channel 16 (VHF-FM) to advise the public of the exact date(s) and times 
in advance of the enforcement periods.

M.O. Vega,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2026-22249 Filed 10-29-26; 8:45 am]
BILLING CODE 9110-04-P


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