Editorial Note on Part 165
Editorial Note: Nomenclature changes to part 165 appear by USCG-2006-25556, 72 FR 36328, 36329, July 2, 2007 and by USCG-2018-1049, 84 FR 7813, Mar. 5, 2019.

§ 165.791 Safety Zones; Heavy Weather and Natural or Other Disasters in San Juan Captain of the Port Zone. ( a ) *Location.* The following area is a safety zone: All navigable waters, as defined in 33 CFR 2.36, within Sector San Juan Captain of the Port (COTP) zone, San Juan, Puerto Rico, as described in 33 CFR 3.35-25, during specified conditions.
( b ) *Definitions.* As used in this section: ( 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 San Juan in the enforcement of the safety zone.
( 2 ) *Gale force winds* means sustained surface winds, or frequent gusts, of 34 knots (39 mph) or more usually seen in coastal regions.
( 3 ) *Port Condition WHISKEY* means a condition set by the COTP when gale force winds are expected to make landfall at the port within 72 hours.
( 4 ) *Port Condition X-RAY* means a condition set by the COTP when gale force winds are expected to make landfall at the port within 48 hours.
( 5 ) *Port Condition YANKEE* means a condition set by the COTP when gale force winds are expected to make landfall at the port within 24 hours.
( 6 ) *Port Condition ZULU* means a condition set by the COTP when gale force winds are expected to make landfall at the port within 12 hours.
( 7 ) *Regulated facilities* means shoreside facilities regulated by the Coast Guard under the Ports and Waterways Safety Act,[8] Maritime Transportation and Security Act,[9] Clean Water Act,[10] and the Oil Pollution Act of 1990,[11] and regulations in 33 CFR parts 105, 154, 156, and 158.
( 8 ) *Waterfront facilities* means any land structure or shore area immediately adjacent to the navigable waters of the San Juan COTP zone.
( c ) *Regulations.* ( 1 ) *Port Condition WHISKEY.* All vessels, regulated facilities, and waterfront facilities within the San Juan COTP zone must exercise due diligence in preparation for potential storm impacts. All regulated facilities and waterfront facilities must begin removing all debris and securing potential flying hazards. Oceangoing vessels greater than 500 gross tons (GT) must make plans to depart no later than the setting of Port Condition Yankee unless authorized by the COTP. Oceangoing vessels greater than 500 GT intending to remain in port must contact the COTP prior to the setting port condition X-Ray.
( 2 ) *Port Condition X-RAY.* All vessels, regulated facilities, and waterfront facilities within the San Juan COTP zone 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. Vessels greater than 500 GT without an approval to remain in port must depart prior to the setting of Port Condition YANKEE. Vessels with the COTP's permission to remain in port must implement their pre-approved mooring arrangement. Regulated facilities must prepare to terminate all cargo operations.
( 3 ) *Port Condition YANKEE.* Affected ports are closed to inbound vessel traffic. All oceangoing vessels greater than 500 GT must have departed designated ports within the San Juan COTP zone. Regulated facilities must terminate all cargo operations, not associated with storm preparations, unless specifically authorized by the COTP. All MTSA regulated facilities must continue to operate in accordance with their approved Facility Security Plans and comply with the requirements of the MTSA.
( 4 ) *Port Condition ZULU.* The port is closed to all vessel traffic except as specifically authorized by the COTP. Regulated facilities must cease all cargo operations, including bunkering and lightering. Waivers may be granted except for when Cargo of Particular Hazard or Certain Dangerous Cargo are involved.
( 5 ) *Emergency Regulation for Other Disasters.* Any natural or other disasters that are anticipated to affect the Sector San Juan COTP zone will result in the prohibition of facility operations and vessel traffic transiting or remaining in the affected port.
( 6 ) *Transit requests.* Persons and vessels desiring to enter, transit through, anchor in, or remain in the regulated area may contact the COTP via telephone at (787) 289-2041, or a designated representative via VHF radio on channel 16, to request authorization. If authorization to enter, transit through, anchor in, or remain in the regulated area is granted by the COTP or a designated representative, all persons and vessels receiving such authorization must comply with the instructions of the COTP or a designated representative.
( 7 ) *Safety zones notice.* Coast Guard Sector San Juan will notify the maritime community, to the furthest extent practicable, of the periods during which the safety zone described in paragraph (a) will be subject to enforcement via Broadcast Notice to Mariners or by on-scene designated representatives.
[Doc. No. USCG-2023-0269, 89 FR 23914, Apr. 5, 2024] Footnotes -
165.791
[8] 46 U.S.C. 70001 *et seq.*
[9] 46 U.S.C. 70101 *et seq.*
[10] 33 U.S.C. 1251 *et seq.*
[11] 33 U.S.C. 2701 *et seq.*