Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 76133 

1 88 FR 27421. 

River. 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 instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Marine Safety, Navigation (water), 

Reporting, and recordkeeping 

requirements, 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 

■ 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; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–0850 to read as 

follows: 

§ 165.T08–0850 Safety Zone; Ohio River, 

Brunot Island, PA. 

(a) Location. The following area is a 

temporary safety zone on the Ohio River 

from mile marker 2.5 to mile marker 3. 

(b) Definitions. As used in this 

section, 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 Captain of 

the Port Pittsburgh (COTP) in the 

enforcement of the safety zone. 

Designated representative includes 

safety boat provided by the event 

organizers. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the C’TP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative on Channel 16 or at 412– 

670–7288. To seek permission, 

concerned traffic may reach contact the 

event organizers on channel 13 or at 

(860) 573–6646. Those in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced each day from 8 a.m. 

through 6 p.m. from November 3 

through November 6, November 11 

through November 12, December 2 

through December 3, 2023, and January 

8 through January 22, 2024. The 

temporary safety zone will be enforced 

during the 10 hour helicopter operation. 

Justin R. Jolley, 

Commander, U.S. Coast Guard, Acting, 

Captain of the Port, MSU Pittsburgh. 

[FR Doc. 2023–24388 Filed 11–3–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number: USCG–2023–0135] 

RIN 1625–AA00 

Safety Zone; Atlantic Ocean, Key West, 

FL 

AGENCY: Coast Guard, DHS. 

ACTION: Final rule. 

SUMMARY: The Coast Guard is 

establishing a safety zone to be enforced 

in the event of hurricanes, tropical 

storms, and other disasters in the 

Florida Keys, FL. This action is 

necessary to ensure the safety of the 

waters of the Key West Captain of the 

Port (COTP) zone. This regulation 

establishes actions to be completed by 

parties operating on and around the 

navigable waterways of the Key West 

COTP zone. This may include the 

owners and operators, and those in 

management and control positions of 

regulated facilities, waterfront facilities, 

and vessels, prior to landfall of 

hurricanes, tropical storms, and other 

disasters threatening the Florida Keys. 

DATES: This rule is effective without 

actual notice November 6, 2023. For the 

purposes of enforcement, actual notice 

will be used from November 1, 2023, 

until November 6, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0135 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notification 

of enforcement, call or email Hailye 

Wilson, Sector Key West Waterways 

Management Department, Coast Guard; 

telephone 305–292–8768; email: 

hailye.m.wilson@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port 

CFR Code of Federal Regulations 

CWA Clean Water Act 

DHS Department of Homeland Security 

FR Federal Register 

MTSA Maritime Transportation Security 

Act 

NPRM Notice of proposed rulemaking 

OPA90 The Oil Pollution Act of 1990 

PWSA Ports and Waterways Safety Act 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Florida Keys has the potential to 

be affected by hurricanes, tropical 

storms, and other disasters on a yearly 

basis, especially between the months of 

June and November. The Key West 

COTP is establishing a safety zone to 

provide for the safety of life during such 

storms and events. In response, on May 

2, 2023, the Coast Guard published a 

notice of proposed rulemaking 

(NPRM).1 There, we stated why we 

issued the NPRM and invited comments 

on our proposed regulatory action 

related to safety zone. During the 

comment period that ended June 1, 

2023, we received two comments. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable and 

contrary to public interest because 

immediate action is needed to respond 

to the potential safety hazards 

associated with the rapid formation of a 

tropical storm or hurricane that would 

pose an imminent threat to vessels, 

persons, structures, and shore areas. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

purpose of this rule is to protect the 

general maritime public, to include 

vessel owners, vessel operators, and 

those in management and control 

positions related to facilities and 

waterways regulated by the Coast 

Guard, along with those in management 

and control positions related to any land 


ddrumheller on DSK120RN23PROD with RULES1
76134 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 

2 46 U.S.C. 70001 et seq. 

3 46 U.S.C. 70101 et seq. 

4 33 U.S.C. 1251 et seq. 

5 33 U.S.C. 2701 et seq. 

or shore area immediately adjacent to 

those waterways in the COTP Key West 

zone, in the event of a hurricane, 

tropical storm, and other natural 

disasters. 

IV. Discussion of Comments, Changes, 

and the Rule 

As noted above, we received two 

comments on our NPRM published May 

2, 2023. The first commenter positively 

endorsed the Coast Guard’s 

establishment of this safety zone. They 

further recommended that small entities 

and individuals who choose to reside in 

Florida assume all the liability, risk and 

responsibilities associated with 

hurricanes. They also recommended 

that tax-payer-funds not be expended to 

combat the effects of climate change. 

The Coast Guard acknowledges these 

comments and determined no 

recommended changes are needed in 

response to these suggestions. 

Additionally, this commenter 

recommended the fossil fuel industry, 

and their shareholders bear the cost 

associated with climate change. With 

regards to this suggestion, the 

suggestion is outside the scope of this 

rulemaking, which pertains to the 

establishment of a safety zone to be 

subject to enforcement in the event of a 

hurricane, tropical storm, and other 

disaster in the Florida Keys, FL. 

The second commenter raised several 

issues regarding the lack of clarity in the 

proposed regulatory text and questioned 

whether the rule is necessary. The rule 

is necessary to protect the general 

maritime public in the COTP Key West 

zone, in the event of extreme weather or 

other natural disasters. While the 

regulations in 33 CFR part 160, subpart 

B, ‘‘Control of Vessel and Facility 

Operations’’ grants the COTP the broad 

authority to direct the operations of 

vessels on the navigable waters, and 

waterfront facilities, land structures or 

shore areas immediately adjacent to the 

navigable waters, this rule is intended to 

specifically streamline the COTP’s 

actions and processes for specific 

scenarios that may occur in the event of 

extreme weather or other natural 

disasters. 

This rule is intended to inform the 

general maritime public, to include 

vessel owners and operators, regulated 

facilities, and waterfront facilities of the 

Coast Guard’s expectations in the event 

of a hurricane, tropical storm, or other 

disaster, thereby expediting the 

enforcement of the safety zone, and 

providing more advanced notice of the 

Coast Guard’s expectations in the event 

of a hurricane, tropical storm, or other 

natural disaster. The rule is also 

intended to provide vessel owners and 

operators, along with the owners and 

operators of regulated facilities and 

waterfront facilities with a deeper 

understanding of how the Coast Guard 

intends to handle extreme weatherrelated events so they can plan 

accordingly. 

To address the commenter’s concerns 

regarding the regarding the lack of 

clarity in the proposed regulatory text, 

the Coast Guard is making the following 

changes in the final rule regulatory text 

in § 165.707. 

The Coast Guard is adding three 

definitions for ‘‘regulated facilities,’’ 

‘‘waterfront facilities,’’ and ‘‘authorized 

law enforcement agencies’’ in paragraph 

(a). The Coast Guard has the authority 

to regulate facilities and land structure 

or shore area immediately adjacent to 

navigable waters under certain, specific 

statutory and regulatory frameworks. 

We are adding a definition for 

‘‘regulated facilities’’ to clarify the 

regulated facilities covered by this rule 

are those regulated under the Ports and 

Waterways Safety Act,2 Maritime 

Transportation and Security Act,3 Clean 

Water Act,4 and the Oil Pollution Act of 

1990.5 These statutes give the Coast 

Guard the authority and jurisdiction to 

take certain actions on certain regulated 

facilities that have a maritime nexus. 

We are adding a definition for 

‘‘waterfront facilities’’ to the regulatory 

text which will include any land 

structure or shore area immediately 

adjacent to the navigable waters of the 

Key West COTP zone. We also added a 

definition for ‘‘authorized law 

enforcement agencies’’ to clarify that 

Federal, State, and local law 

enforcement agencies that have received 

specific authorization from or are 

operating in concert with the Coast 

Guard are authorized to conduct 

operations related to the safety, security, 

and stability of the Key West COTP 

zone. 

Additionally, the commenter raised 

concerns related to enforceability and 

notice requirements. The Coast Guard 

understands that its regulations are not 

enforceable on the public without 

proper notice. While the publication of 

this final rule document in the Federal 

Register constitutes constructive notice 

of the requirements within the 

regulations. However, there will be 

circumstances where individuals are 

notified by the Coast Guard of an 

impending extreme weather situation 

causing the need for the safety zone to 

be made subject to enforcement. In 

those types of circumstances, the Coast 

Guard will provide affected individuals 

with actual notice of the safety zone 

prior to its enforcement or assessment of 

any fines or penalties. In addition to 

changes made to the regulatory text in 

this final rule in response to comment, 

we are making the following changes to 

the regulatory text. 

In paragraph (a), we are adding 

‘‘regulated facilities, and ‘‘waterfront 

facilities’’ to clarify that regulated 

facilities and waterfront facilities as 

defined in paragraphs (b)(6) and (b)(7) 

respectively are covered by this safety 

zone when port conditions are met in 

accordance with the requirements in 

paragraph (c)(1) Port Condition 

WHISKEY and (c)(2) Port Condition X– 

RAY. Additionally, in paragraph (a), we 

are deleting ‘‘during specified 

conditions’’ because the location of the 

safety zone is intended to be constant. 

When the safety zone is subject to 

enforcement it will be determinate of 

conditions set forth in paragraphs (c)(1) 

through (c)(5) of the regulatory text. In 

paragraph (c)(1), we are deleting ‘‘port 

facilities’’ and adding in its place, 

‘‘regulated facilities and waterfront 

facilities’’ for consistency as definitions 

for these terms have been added in 

paragraphs (a)(6) and (a)(7). In the event 

Port Condition WHISKEY is set, all 

vessels, regulated facilities, and 

waterfront facilities within the Key West 

COTP zone would have to comply with 

the applicable regulations in (c)(1). 

Additionally, in paragraph (c)(1), we 

removed the sentence, ‘‘Vessels wishing 

to remain in port are required to submit 

an application to the COTP prior to 

setting Port Condition X–Ray.’’ In its 

place, we are adding the sentence, 

‘‘Oceangoing vessels greater than 300 

gross tons (GT) intending to remain in 

the port during Port Condition Whiskey 

must contact the Key West COTP prior 

to the setting of port condition X–Ray.’’ 

We are taking this action to prevent 

vessel owners and operators from 

having to generate additional 

documentation. 

In paragraph (c)(2), we are deleting 

‘‘port facilities’’ and adding in its place, 

‘‘regulated facilities and waterfront 

facilities’’ for consistency as definitions 

for these terms have been added in 

paragraphs (a)(6) and (a)(7). In the event 

Port Condition X–RAY is set, all vessels, 

regulated facilities, and waterfront 

facilities within the Key West COTP 

zone would have to comply with the 

applicable regulations in paragraph 

(c)(2). Additionally, in paragraph (c)(2), 

we are deleting the sentence, ‘‘The 

COTP may require additional 

precautions to ensure the safety of the 

ports and waterways’’ because it is 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 76135 

overly vague and may cause undue 

confusion for owners and operators of 

vessels and regulated facilities. 

In paragraph (c)(3), we clarified we 

are only limiting cargo operations at 

‘‘regulated facilities.’’ We also removed 

some the language that went into 

specifics of cargo operations. Removing 

the language made the regulatory text 

more succinct, as the initial language 

contained unnecessary redundancies. 

We also clarified that only facilities 

regulated under the MTSA will be 

required to operate in accordance with 

their security plan. 

In paragraph (c)(4), we are removing 

the words ‘‘are suspended’’ and 

replacing it with, ‘‘must cease all cargo 

operations’’ because the phrase ‘‘are 

suspended’’ may be confusing in this 

context. By using the phrase ‘‘must 

cease all cargo operations’’ we are 

making it clear to the regulated parties 

that cargo operations must stop when 

Port ZULU is set. 

In paragraph (c)(6), we are revising 

the text to clarify that the Coast Guard 

Sector Key West will notify the 

maritime community, ‘‘to the furthest 

extent practicable’’ of the periods which 

the safety zone in paragraph (a) will be 

subject to enforcement via Broadcast 

Notice to Mariners or by on-scene 

designated representatives. 

We are deleting paragraph (c)(7) 

because it is duplicative of what is 

contained in paragraph (c)(6). The 

information previously described in 

(c)(8) was thereby moved to (c)(7). 

Lastly, we are making non-substantive 

editorial changes and revising 

terminology for consistency throughout 

the final rule regulatory text. 

V. 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, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the necessity to protect life 

and port infrastructure during a 

hurricanes, tropical storms, and other 

disasters. The absence of a safe harbor 

in the Florida Keys precludes large 

vessels from accessing adequate 

facilities to weather a substantial storm 

or natural disaster within the Key West 

COTP zone. Moreover, the Coast Guard 

would issue a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16 about the safety zone, and the rule 

would allow vessels to seek permission 

to remain in port. 

B. Impact on Small Entities 

The Regulatory Flexibility Act 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. 

The Coast Guard received 00 comments 

from the Small Business Administration 

on this rulemaking. The Coast Guard 

certifies under 5 U.S.C. 605(b) that this 

rule will not have a significant 

economic impact on a substantial 

number of small entities. 

While some owners or operators of 

vessels intending to transit the safety 

zone may be small entities, for the 

reasons stated in section V.A above, this 

rule will not have a significant 

economic impact on any vessel owner 

or operator. 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. 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). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

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. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. 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. 4321–4370f), 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 would prohibit entry in 

certain waters of the Key West COTP for 


ddrumheller on DSK120RN23PROD with RULES1
76136 Federal Register / Vol. 88, No. 213 / Monday, November 6, 2023 / Rules and Regulations 

6 46 U.S.C. 70001 et seq. 

7 46 U.S.C. 70101 et seq. 

8 33 U.S.C. 1251 et seq. 

9 33 U.S.C. 2701 et seq. 

the duration needed to ensure safe 

transit of vessels and industry posthurricane, post-storm, and postemergency. 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 instructions on locating the docket, 

see the ADDRESSES section of this 

preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

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 

■ 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; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.707 to read as follows: 

§ 165.707 Safety Zone; Hurricanes, 

Tropical Storms and Other Disasters in 

Florida Keys. 

(a) Regulated Areas. All navigable 

waters, regulated facilities, and 

waterfront facilities within the Key West 

Captain of the Port (COTP) zone, Key 

West, Florida (as described in 33 CFR 

3.35–40). 

(b) Definitions. As used in this 

section: 

Authorized Law Enforcement 

Agencies means Federal, State, and local 

law enforcement agencies that have 

received specific authorization from or 

are operating in concert with the Coast 

Guard to conduct operations related to 

the safety, security and stability of the 

Key West COTP zone. 

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 in the enforcement 

of the regulated areas. 

Port Condition WHISKEY means a 

condition set by the COTP when 

weather advisories indicate sustained 

gale force winds (39–54 mph/34–47 

knots) from a tropical or hurricane force 

storm are predicted to make landfall at 

the port within 72 hours. 

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) from a tropical or hurricane force 

storm are predicted to make landfall at 

the port within 48 hours. 

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) from a tropical or 

hurricane force storm are predicted to 

make landfall at the port within 24 

hours. 

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) from a tropical or 

hurricane force storm are predicted to 

make landfall at the port within 12 

hours. 

Regulated Facilities means shoreside 

facilities regulated by the Coast Guard 

under the Ports and Waterways Safety 

Act,6 Maritime Transportation and 

Security Act,7 Clean Water Act,8 and the 

Oil Pollution Act of 1990,9 and 

regulations in 33 CFR parts 105, 154, 

156, and 158. 

Waterfront Facilities means any land 

structure or shore area immediately 

adjacent to the navigable waters of the 

Key West COTP zone. 

(c) Regulations—(1) Port Condition 

WHISKEY. All vessels, regulated 

facilities, and waterfront facilities 

within the Key West 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 300 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 300 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 Key West 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 

300 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 preapproved 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 300 GT must have departed 

designated ports within the Key West 

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 Restrictions for Other 

Disasters. Any natural or other disasters 

that are anticipated to affect the Key 

West COTP zone will result in the 

prohibition of regulated facility 

operations and vessel traffic transiting 

or remaining in the affected port. 

(6) Safety Zones Notice. Coast Guard 

Sector Key West 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. 

(7) Exception. This regulation does 

not apply to authorized law 

enforcement agencies operating within 

the regulated area. 

Jason D. Ingram, 

Captain, U.S. Coast Guard, Captain of the 

Port, Sector Key West. 

[FR Doc. 2023–24471 Filed 11–3–23; 8:45 am] 

BILLING CODE 9110–04–P 


ddrumheller on DSK120RN23PROD with RULES1