[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 [www.gpo.gov]
[FR Doc No: 2023-23318]


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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.

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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 https://www.regulations.gov, 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 [email protected].

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]
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