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

• Citation: 91 FR 55479
• Published date: 28 August 2026
• FR Document: 2026-17627
• Pages: 55479-55481
• Section: Rules and Regulations
• Issuer: Coast Guard,Homeland Security Department

Federal Register, Volume 91 Issue 166 (Friday, August 28, 2026)

[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 [www.gpo.gov]
                [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 https://www.regulations.gov 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 [email protected].
                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
                [email protected], 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