(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 ( printed page 34185) 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) When the COTP sets a Port Condition described in paragraph (b), 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.

(A) Port Condition WHISKEY. (i) 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.

(ii) 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.

(iii) 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.

(iv) 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.

(B) Port Condition X-RAY. (i) 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.

(ii) 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.

(C) Port Condition YANKEE. (i) 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.

(ii) 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.

(D) 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.

(E) 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 ( printed page 34186) secmobcc@uscg.mil, or by phone at 251-266-5888.