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.T08-0276 Safety Zone; Severe Weather, Natural and other Disasters in Southeast Texas. ( a ) *Regulated areas.* All navigable waters within the Houston-Galveston Captain of the Port (COTP) Zone, Sector Houston-Galveston, TX, as described in 33 CFR 3.40-28(a), during specified conditions.
( b ) *Definitions* — ( 1 ) *Designated representative* means Coast Guard Patrol Commanders, including Coast Guard coxswains, petty officers, and other officers operating Coast Guard vessels, and Federal, State, and local officers designated by or assisting the COTP Houston-Galveston, in the enforcement of the regulated areas.
( 2 ) *Port Condition WHISKEY* means a condition set by the COTP when weather advisories indicate sustained gale force winds (39-54 mph/34-47 knots) or greater 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 (39-54 mph/34-47 knots) or greater 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 (39-54 mph/34-47 knots) or greater 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 (39-54 mph/34-47 knots) or greater from a weather event are predicted to make landfall at the port within 12 hours.
( 6 ) *Port Condition RECOVERY* means the condition set when weather advisories indicate that sustained gale force winds from a weather event are no longer predicted for the designated area. This port condition remains in effect until the regulated areas are safe and reopened to normal operations or moved to port restoration.
( 7 ) *Emergency restrictions for other disasters* means any severe weather, natural and/or other disasters that are anticipated to or has affected the Sector Houston-Galveston COTP zone may result in the prohibition of facility operations and/or commercial vessel traffic transiting or remaining in the affected port.
( c ) *Regulations* — ( 1 ) *Port Condition WHISKEY.* All vessels and port facilities in designated areas must exercise due diligence in preparation for potential storm impacts. Vessels, ports and waterfront facilities must initiate vessel and facility severe weather plans. Oceangoing vessels 500 gross tons (GT) and above must make plans for departure unless authorized by the COTP. Commercial self-propelled vessels 500 gross tons (GT) and above requesting to remain in port shall submit a declaration of intent to remain in port to the COTP prior to setting Port Condition X-Ray. Vessels will not be permitted to remain in Bolivar Anchorage if Condition Yankee is set. The COTP may make modifications as required.
( 2 ) *Port Condition X-RAY.* Departing orders for vessels without approval to remain in port shall commence. Commence clearing vessels from Bolivar Anchorage. Suspend bunkering and lightering operations at the COTP's discretion. Suspend all cargo transfers when winds reach 40 mph. Disconnect transfer hoses and arms when winds reach 50 mph. Smaller vessels shall seek shelter in preparation for possible port closure. All containers stored near flood-prone areas should be moved. The COTP may make modifications as required.
( 3 ) *Port Condition YANKEE.* Affected ports are closed to inbound vessel traffic. All oceangoing vessels greater than 500 Gross Tons must depart designated ports prior to the setting of Port Condition ZULU. Inland tows are to be properly moored. Suspend bunkering and lightering operations. Suspend all cargo transfers. Disconnect transfer hoses and arms. Smaller vessels shall seek shelter in preparation for possible port closure. Regulated facilities shall secure or remove all missile hazards, dangerous cargo, containers and/or pallet stacks. Regulated facilities shall press up storage tanks to reduce wind damage. All facilities must continue to operate in accordance with approved Facility Security Plans and comply with the requirements of the Maritime Transportation Security Act. The COTP may make modifications as required.
( 4 ) *Port Condition ZULU.* Designated areas are closed to all vessel traffic except those specifically authorized by the COTP. Cargo operations are suspended, including bunkering and lightering. The COTP may make modifications as required.
( 5 ) *Emergency restrictions for other disasters.* Any severe weather, natural and/or other disasters that are anticipated to or has affected the Sector Houston-Galveston COTP zone may result in the prohibition of facility operations and vessel traffic transiting or remaining in the affected port.
( 6 ) *Port Condition RECOVERY.* Designated areas are closed to all commercial traffic and recreational vessels. 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 or 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.
( 7 ) *Safety zones notice.* The Coast Guard COTP will notify the maritime community of periods during which the safety zone will be enforced via Broadcast Notice to Mariners and Marine Safety Information Bulletin or by on-scene designated representatives.
( 8 ) *Regulated area notice.* The Coast Guard will provide notice of the designated ports and/or waterways within the regulated area covered by each Port Condition or Emergency Restrictions via Broadcast Notice to Mariners, Marine Safety Information Bulletin or by on-scene designated representatives.
( 9 ) *Exception.* This section does not apply to authorized law enforcement agencies operating within the regulated area.
( d ) *Enforcement periods.* This section is subject to enforcement from September 11, 2024, through 11:59 p.m. on November 30, 2024 and will be enforced when Port Condition “Whiskey” has been set, or at the discretion of the COTP if conditions deem it necessary until Port Condition RECOVERY is concluded. The Coast Guard will notify the maritime community of periods of enforcement via Broadcast Notice to Mariners and Marine Safety Information Bulletin or by on-scene designated representatives.
[USCG-2024-0276, 89 FR 76733, Sept. 19, 2024]