Rule2023-23318
Security Zone; Watson Bayou, Panama City, FL
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 23, 2023
Effective
October 27, 2023
Issuing agencies
Homeland Security DepartmentCoast Guard
Abstract
The Coast Guard is establishing a temporary security zone for navigable waters of Watson Bayou, Panama City FL, within an area bound by the following points: 30[deg]08'17.8" N, 85[deg]38'6.6" W (Diamond Point), thence northeast toward 30[deg]08'34.6" N, 85[deg]37'55.7" W (Eastern Shipbuilding), thence east to the South East Avenue Bridge. The security zone is needed to protect the official party, the public, and the surrounding waterway from terrorist acts, sabotage or other subversive acts, accidents, or other causes of a similar nature. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Sector Mobile Captain of the Port (COTP).
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 203 (Monday, October 23, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 203 (Monday, October 23, 2023)]
[Rules and Regulations]
[Pages 72683-72685]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-23318]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG-2023-0769]
RIN 1625-AA87
Security Zone; Watson Bayou, Panama City, FL
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is establishing a temporary security zone for
navigable waters of Watson Bayou, Panama City FL, within an area bound
by the following points: 30[deg]08'17.8'' N, 85[deg]38'6.6'' W (Diamond
Point), thence northeast toward 30[deg]08'34.6'' N, 85[deg]37'55.7'' W
(Eastern Shipbuilding), thence east to the South East Avenue Bridge.
The security zone is needed to protect the official party, the public,
and the surrounding waterway from terrorist acts, sabotage or other
subversive acts, accidents, or other causes of a similar nature. Entry
of vessels or persons into this zone is prohibited unless specifically
authorized by the Sector Mobile Captain of the Port (COTP).
DATES: This rule is effective from 1:30 p.m. on October 27, 2023,
through 5 p.m. on November 27, 2023.
ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, type USCG-
2023-0769 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 about this rule,
call or email MSTC Stacy Stevenson,
[[Page 72684]]
Waterways Management Division, U.S. Coast Guard; telephone 251-382-
8653, email <a href="/cdn-cgi/l/email-protection#13407670677c617e7c717a7f76647267766164726a6053666070743d7e7a7f"><span class="__cf_email__" data-cfemail="2c7f494f58435e41434e4540495b4d58495e5b4d555f6c595f4f4b02414540">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Table of Abbreviations
CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec. Section
U.S.C. United States Code
II. Background Information and Regulatory History
The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because it is impracticable and contrary to
public interest to delay the effective date of this rule. The security
zone must be established by October 27, 2023, to mitigate potential
terrorist acts, and enhance public and maritime safety and security.
The Coast Guard was unable to publish an NPRM due to the short period
between the time of the request for Coast Guard enforcement and the
actual event. The request for enforcement was received on September 11,
2023. Furthermore, delaying the effective date would be contrary to the
security zone's intended objectives of protecting government officials
and dignitaries, mitigating potential terrorists acts, and enhancing
maritime safety and security.
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 because immediate action to restrict
vessel traffic is needed to protect life and property and mitigate
potential maritime threats.
III. Legal Authority and Need for Rule
The Coast Guard may issue security zone regulations under authority
in 46 U.S.C. 70051 and 70124. The COTP has determined that a security
zone is necessary for the protection of government officials and
dignitaries during an official visit to Watson Bayou, Panama City, FL,
in the vicinity of Eastern Shipbuilding. This rule is needed to protect
personnel and vessels in the navigable waters within the security zone.
IV. Discussion of the Rule
This rule establishes a security zone on certain navigable waters
of Watson Bayou, Panama City FL from 1:30 p.m. October 27, 2023,
through 5 p.m. November 27, 2023. The security zone will be enforced
from 1:30 p.m. through 5 p.m. on October 27, 2023. If the event is
delayed, the security zone will be enforcement on a subsequent date
before November 27, 2023, for approximately 3.5 hours. The duration of
the zone is intended to protect personnel, vessels, and ensure maritime
security in these navigable waters during a visit of government
personnel and dignitaries. No vessel or person will be permitted to
enter the security zone without obtaining permission from the COTP or a
designated representative.
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 size, location, duration, and time-of-day of the security
zone. This security zone would impact a small, designated area of
Watson Bayou, in the vicinity of Eastern Shipbuilding, for
approximately 3.5 hours or less during a period when vessel traffic is
typically relatively slow. In addition, vessel traffic will be able to
transit Watson Bayou Channel to the west of the security zone.
Moreover, the Coast Guard would issue a Broadcast Notice to Mariners
via VHF-FM marine channel 16 about the zone, and the rule would allow
vessels to seek permission to enter the zone.
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 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 security 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
[[Page 72685]]
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
security zone lasting only 3.5 hours that will prohibit entry on a
portion of Watson Bayou, in the vicinity of Eastern Shipbuilding. 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
0
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.
0
2. Add Sec. 165.T08-0769 to read as follows:
Sec. 165.T08-0769 Security Zone; Watson Bayou, Panama City, FL.
(a) Location. The following area is a security zone: All navigable
waters of Watson Bayou, Panama City FL, within an area bound by the
following points: 30[deg]08'17.8'' N, 85[deg]38'6.6'' W (Diamond
Point), thence northeast toward 30[deg] 08'34.6'' N, 85[deg]37'55.7'' W
(Eastern Shipbuilding), then east to the South East Avenue Bridge, and
back to the point of origin.
(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 Sector
Mobile Captain of the Port (COTP) in the enforcement of the security
zone.
(c) Regulations. (1) Under the general security zone regulations in
subpart D of this part, you may not enter the security zone described
in paragraph (a) of this section unless authorized by the COTP or the
COTP's designated representative.
(2) To seek permission to enter, contact the COTP or the COTP's
representative on VHF-CH 16. Those in the security 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 is effective from 1:30 p.m. on
October 27, 2023, through 5 p.m. on November 27, 2023. The security
zone will be enforced from 1:30 p.m. through 5 p.m. on October 27,
2023. If the event is delayed, the security zone will be enforcement on
a subsequent date before November 27, 2023, for approximately 3.5
hours. If the COTP determines no further need to enforce the security
zone, the COTP will issue a general permission to enter via a Broadcast
Notice to Mariners to indicate that the zone will no longer be subject
to enforcement. If the COTP determines the need to enforce the section
at a subsequent time, the COTP will provide the public with notice of
enforcement of the security zone by marine broadcast, local notice to
mariners, on-scene notice by a designated representative, or other
appropriate means in accordance with 33 CFR 165.7.
Dated: October 16, 2023.
U.S. Mullins,
Captain, U.S. Coast Guard, Captain of the Port Sector Mobile.
[FR Doc. 2023-23318 Filed 10-20-23; 8:45 am]
BILLING CODE 9110-04-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on October 23, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.