The eRulemaking Program
08/28/2026 | Press release | Distributed by Public on 08/28/2026 08:41
Safety Zone; Hurricanes, Tropical Storms, and Severe Weather Events in the Sector Mobile Captain of the Port Zone
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.
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
§ 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.
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
Regulatory Text
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.
2. Add § 165.849 to read as follows:
§ 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 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
The eRulemaking Program published this content on August 28, 2026, and is solely responsible for the information contained herein. Distributed via Public Technologies (PUBT), unedited and unaltered, on August 28, 2026 at 14:41 UTC. If you believe the information included in the content is inaccurate or outdated and requires editing or removal, please contact us at [email protected]