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

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 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, ( printed page 72797) 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 present safety concerns for the EX ENTERPRISE, personnel involved with the operations, and the public. Therefore, the COTP is establishing 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 published a notice of proposed rulemaking (NPRM) on October 1, 2026 (91 FR 62368), proposing temporary moving and fixed safety zones to support the transit and dismantling of EX ENTERPRISE and soliciting public comments. After publication of the NPRM, the U.S. Navy and U.S. Coast Guard agreed that the Naval Vessel Protection Zone regulation described in 33 CFR 165.2025 will be enforced around the EX ENTERPRISE during the voyage, in place of a moving safety zone regulation. Therefore, the USCG is removing the moving safety zone that was proposed in that NPRM. The two fixed zones will remain in place. Accordingly, the Coast Guard is issuing this temporary final rule (TFR), which establishes safety zones that mirror the locations, dimensions, and enforcement periods of the fixed safety zones proposed in the NPRM.

Because of the hazards associated with this event, 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 because it is impracticable and contrary to the public interest. We must establish this safety zone by November 11, 2026, to protect personnel, vessels, and the marine environment.

III. Discussion of Comments and the Rule

During the comment period that ended on October 16, 2026, we received two comments. Both commenters recommended clearer parameters for the fixed zone described in paragraph (a)(3) of that NPRM. The Coast Guard agrees and amended the rule to describe the fixed safety zone using specific geographic coordinates rather than a radius around the vessel. This change also addresses one commenter's question concerning the units of measurement used in the NPRM by replacing the radius-based description with a boundary defined by geographic coordinates.

One commenter also requested clarification concerning a potential change in the vessel's mooring location. The U.S. Navy is making arrangements to moor EX ENTERPRISE at a precise location. If the mooring location changes, the Coast Guard will amend this temporary final rule, as appropriate, and provide notice to the public through appropriate means.

Following publication of the NPRM, the U.S. Navy and U.S. Coast Guard agreed that the Naval Vessel Protection Zone regulation described in 33 CFR 165.2025 will be enforced around EX ENTERPRISE during its transit. Accordingly, the proposed moving safety zone is no longer necessary and has been removed from this temporary regulation. The two fixed safety zones will remain in effect.

Additionally, the temporary fixed safety zone around the EX ENTERPRISE once it is moored at the receiving facility will remain in effect throughout the dismantling operations, for an estimated period of four years, not five years as mistakenly stated in section III of the NPRM. This Safety Zone will also not impact the federal channel. 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 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 provide specific notice of the enforcement date and time through Broadcast Notice to Mariners and other public advisories. Enforcement of the fixed safety zone on the navigational channel would terminate once the EX ENTERPRISE is moored at the receiving facility.

IV. Regulatory Analyses

We developed this rule after considering numerous statutes and Executive orders related to rulemaking. Below we summarize our analysis based on a number of these statutes and Executive orders.

A. Impact on Small Entities

The Regulatory Flexibility Act of 1980 (RFA), 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 transit the safety zone above, this rule will not have a significant economic impact on a substantial number of small entities. Vessel traffic will be able to safely transit around both fixed safety zones, and may enter the zones with the authorization of the COTP. The temporary fixed safety zone in the channel will impact the designated area for a few hours on one day. In addition, the Coast Guard will issue a 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 zone from the COTP.

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 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. ( printed page 72798)

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.

For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows:

91 FR 72796