Security Zones; Major League Baseball All-Star Game, San Francisco Bay, CA, 33160-33163 [E7-11602]
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33160
Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations
Indian Tribal Governments
consider the use of voluntary consensus
standards.
We have analyzed this rule under
Commandant Instruction M16475.lD
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have concluded that there
are no factors in this case that would
limit the use of a categorical exclusion
under section 2.B.2 of the Instruction.
Therefore, this rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, from further
environmental documentation. This
event establishes a safety zone, therefore
paragraph (34)(g) of the Instruction
applies.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
available in the docket where indicated
under ADDRESSES.
Energy Effects
List of Subjects in 33 CFR Part 165
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
Technical Standards
rmajette on PROD1PC64 with RULES
The Coast Guard recognizes the treaty
rights of Native American Tribes.
Moreover, the Coast Guard is committed
to working with Tribal Governments to
implement local policies and to mitigate
tribal concerns. We have determined
that this safety zone and fishing rights
protection need not be incompatible.
We have also determined that 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.
Nevertheless, Indian Tribes that have
questions concerning the provisions of
this rule or options for compliance are
encouraged to contact the point of
contact listed under FOR FURTHER
INFORMATION CONTACT.
2. A new temporary § 165.T09–030 is
added to read as follows:
15:11 Jun 14, 2007
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
I
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191, 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
VerDate Aug<31>2005
Environment
Jkt 211001
§ 165.T09–030 Safety zone; Celebrate
America Fundraiser Fireworks, Lake St.
Clair, Grosse Pointe Farms, MI.
(a) Location: The following area is a
temporary safety zone: All waters of
Lake St. Clair southeast from the Grosse
Point Club within a five hundred foot
radius of the fireworks barge located at
42–22′58″ N, 082–53′46″ W. NAD 83).
(b) Effective Time and Date. This
regulation is effective from 9:30 p.m.
until 11 p.m. on June 14, 2007.
(c) Regulations. (1) In accordance with
the general regulations in § 165.23 of
this part, entry into, transiting, or
anchoring within this safety zone is
prohibited unless authorized by the
Captain of the Port Detroit, or his
designated on-scene representative.
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(2) This safety zone is closed to all
vessel traffic, except as may be
permitted by the Captain of the Port
Detroit or his designated on-scene
representative.
(3) The ‘‘designated on-scene
representative’’ of the Captain of the
Port is any Coast Guard commissioned,
warrant, or petty officer who has been
designated by the Captain of the Port to
act on his behalf. The designated onscene representative of the Captain of
the Port will be aboard either a Coast
Guard or Coast Guard Auxiliary vessel.
The Captain of the Port or his
designated on-scene representative may
be contacted via VHF Channel 16.
(4) Vessel operators desiring to enter
or operate within the safety zone shall
contact the Captain of the Port Detroit
or his designated on-scene
representative to obtain permission to
do so. Vessel operators given permission
to enter or operate in the safety zone
must comply with all directions given to
them by the Captain of the Port or his
designated on-scene representative.
Dated: May 24, 2007.
P.W. Brennan,
Captain, U.S. Coast Guard, Captain of the
Port Detroit.
[FR Doc. E7–11553 Filed 6–14–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 07–012]
RIN 1625–AA87
Security Zones; Major League Baseball
All-Star Game, San Francisco Bay, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
SUMMARY: The Coast Guard is
establishing two temporary security
zones on the navigable waters of the San
Francisco Bay in the vicinity of San
Francisco Pier 30/32 and McCovey Cove
located in San Francisco, California.
These regulated areas are necessary to
provide security for participants,
spectators, and the general public
during this high profile event. The
security zones will prohibit all persons
and vessels from entering, transiting
through, or anchoring within portions of
the San Francisco Bay surrounding Pier
30/32 and McCovey Cove, unless
authorized by the Captain of the Port
(COTP) or his designated representative.
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations
This rule is effective from 8 a.m.
on July 7, 2007 through 11:59 p.m. on
July 10, 2007.
ADDRESSES: Documents indicated in this
preamble as being available for docket
are part of docket COTP San Francisco
07–012 and are available for inspection
or copying at the Waterways Safety
Branch between 9 a.m. and 4 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT:
Lieutenant Eric Ramos, U.S. Coast
Guard Sector San Francisco, at (415)
556–2950 extension 143 or Sector San
Francisco 24-hour Command Center at
(415) 399–3547.
SUPPLEMENTARY INFORMATION:
DATES:
Regulatory Information
We did not publish a notice of
proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the
Coast Guard finds that good cause exists
for not publishing an NPRM because the
planning for this event was not finalized
and presented in time to draft and
publish an NPRM.
For the same reason listed in the
previous paragraph, 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.
Publishing an NPRM and delaying the
effective date would be contrary to the
public interest since the event would
occur before the rulemaking process was
complete.
Background and Purpose
Major League Baseball (MLB) and the
San Francisco Giants are sponsoring a
series of events leading up to and
concluding with the 2007 MLB All-Star
Game at AT&T Park in San Francisco
from July 7, 2007 to July 10, 2007. This
rule is necessary to provide for the
security of participants, spectators, and
the general public at this high profile
event.
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Discussion of Rule
The first regulated area in the vicinity
of Pier 30/32 will include all navigable
waters, from the surface to the seafloor,
encompassed by connecting the
following points to form a fifty-yard
security zone around the pier: beginning
at latitude 37°47.26′ N and longitude
122°23.23′ W; thence east to latitude
37°47.26′ N and longitude 122°23.01′ W;
thence south to latitude 37°47.13′ N and
longitude 122°23.01′ W; and lastly west
to latitude 37°47.11′ N and longitude
122°23.24′ W.
The second regulated area in the
vicinity of McCovey Cove (China Basin
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15:11 Jun 14, 2007
Jkt 211001
from 3rd Street Bridge to the Bay) will
include all navigable waters, from the
surface to the seafloor, encompassed by
connecting the following points to form
a security zone: Beginning at latitude
37°46.70′ N and longitude 122°23.12′ W;
thence south-southeasterly to latitude
37°46.58′ N and longitude 122°23.10′ W;
thence north-northwesterly to latitude
37°46.61′ N and longitude 122°23.39′ W;
thence north-northwesterly to latitude
37°46.63′ N and longitude 122°23.41′ W;
and then back to the beginning point
(NAD 83). Booms will be placed in the
water to mark the entry and exit points
of this zone. The only vessels that will
be permitted to enter are humanpowered vessels 20 feet or less in length
and other vessels specified by Major
League Baseball or the City of San
Francisco. All persons and vessels must
consent to search before being permitted
to enter this zone.
No person or vessel may enter or
remain within the security zones unless
authorized by the Captain of the Port,
San Francisco, or his designated
representative. The Coast Guard may be
assisted by other Federal, State, or local
law enforcement agencies in enforcing
these security zones.
Regulatory Evaluation
This rule is not a ‘‘significant
regulatory action’’ under section 3(f) of
Executive Order 12866, Regulatory
Planning and Review, and does not
require an assessment of potential costs
and benefits under section 6(a)(3) of that
Order. The Office of Management and
Budget has not reviewed it under that
Order. It is not ‘‘significant’’ under the
regulatory policies and procedures of
the Department of Homeland Security
(DHS).
Although this regulation restricts
access to a portion of navigable waters,
the effect of this regulation will not be
significant because: (i) The zones
encompass only small portions of the
waterway; (ii) vessels may be allowed to
enter the zones on a case-by-case basis
with permission of the Captain of the
Port or his designated representative.
The sizes of the zones are the
minimum necessary to provide adequate
security on the navigable waters
adjacent to AT&T Park and other event
venues. The entities most likely to be
affected are pleasure craft engaged in
recreational activities and sightseeing.
Small Entities
Under the Regulatory Flexibility Act
(5 U.S.C. 601–612), we have considered
whether this rule would have a
significant economic impact on a
substantial number of small entities.
The term ‘‘small entities’’ comprises
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33161
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.
We expect this rule may affect owners
and operators of vessels, some of which
may be small entities, intending to fish
recreationally, sightsee, transit, or
anchor in the waters affected by this
security zone. This security zone will
not have a significant economic impact
on a substantial number of small entities
for several reasons. This rule will only
be in effect for less than four days
during the duration of the events and
the zones do not encompass areas that
are highly trafficked. Vessel traffic can
pass safely around the zone at Pier 30/
32, and certain vessels will be allowed
to enter and remain in the zone at
McCovey Cove. Furthermore, other
traffic may be allowed to pass through
the zones with the permission of the
Coast Guard patrol commander. Before
the effective period, small entities and
the maritime public will be advised of
this security zone via Broadcast Notice
to Mariners.
Assistance for Small Entities
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we offered to assist small entities in
understanding the rule so that they
could better evaluate its effects on them
and participate in the rulemaking
process. If the rule will affect your small
business, organization, or government
jurisdiction and you have questions
concerning its provisions or options for
compliance, please contact Lieutenant
Eric Ramos, Waterways Safety Branch,
U.S. Coast Guard Sector San Francisco
at (415) 556–2950 extension 143, or the
24 hour Command Center at (415) 399–
3547.
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).
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations
Collection of Information
This rule would call for no new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
responsibilities between the Federal
Government and Indian tribes.
available in the docket where indicated
under ADDRESSES.
Energy Effects
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
I For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR Part 165 as follows:
Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt State law or
impose a substantial direct cost of
compliance on them. We have analyzed
this rule under that Order and have
determined that it does not have
implications for federalism.
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 or more in any one year.
Though this rule would not result in
such an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule would not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
would not create an environmental risk
to health or risk to safety that might
disproportionately affect children.
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Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it would 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
VerDate Aug<31>2005
15:11 Jun 14, 2007
Jkt 211001
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Commandant Instruction M16475.1D
and Department of Homeland Security
Management Directive 5100.1, which
guide the Coast Guard in complying
with the National Environmental Policy
Act of 1969 (NEPA) (42 U.S.C. 4321–
4370f), and have made a preliminary
determination that there are no factors
in this case that would limit the use of
a categorical exclusion under section
2.B.2 of the Instruction. Therefore, we
believe that this rule should be
categorically excluded, under figure 2–
1, paragraph (34)(g), of the Instruction,
from further environmental
documentation because we are creating
security zones.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ will be
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PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
I
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
Chapter 701; 50 U.S.C. 191; 195; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L.
107–295, 116 Stat. 2064; Department of
Homeland Security Delegation No. 0170.1.
I 2. Add § 165.T11–187 to read as
follows:
§ 165.T11–187 Security Zones; Major
League Baseball All-Star Game, San
Francisco Bay, CA
(a) Location. The first regulated area
in the vicinity of Pier 30/32 will include
all navigable waters, from the surface to
the seafloor, encompassed by
connecting the following points to form
a fifty-yard security zone around the
pier: Beginning at latitude 37°47.26′ N
and longitude 122°23.23′ W; thence east
to latitude 37°47.26′ N and longitude
122°23.01′ W; thence south to latitude
37°47.13′ N and longitude 122°23.01′ W;
and lastly west to latitude 37°47.11′ N
and longitude 122°23.24′ W. The second
regulated area in the vicinity of
McCovey Cove (China Basin from 3rd
Street Bridge to the Bay) will include all
navigable waters, from the surface to the
seafloor, encompassed by connecting
the following points to form a security
zone: beginning at latitude 37°46.70′ N
and longitude 122°23.12′ W; thence
south-southeasterly to latitude 37°46.58′
N and longitude 122°23.10′ W; thence
north-northwesterly to latitude
37°46.61′ N and longitude 122°23.39′ W;
thence north-northwesterly to latitude
37°46.63′ N and longitude 122°23.41′ W;
and then back to the beginning point
(NAD 83).
(b) Effective period. This section is
effective from 8 a.m. on July 7, 2007
through 11:59 p.m. on July 10, 2007. If
the event concludes prior to the
scheduled termination time, the Coast
Guard will cease enforcement of the
security zones and will announce that
fact via Broadcast Notice to Mariners.
(c) Regulations. In accordance with
the general regulations in § 165.23 of
this part, entry into, transit through, or
anchoring within these security zones
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Federal Register / Vol. 72, No. 115 / Friday, June 15, 2007 / Rules and Regulations
by all vessels and persons is prohibited,
unless specifically authorized by the
Captain of the Port San Francisco or his
designated representative. Humanpowered vessels 20 feet or less in
length, and other vessels specified by
Major League Baseball or the City of San
Francisco, will be permitted to enter
and remain in the security zone at
McCovey Cove. All persons and vessels
must consent to search before being
permitted to enter this zone.
(d) Enforcement. All persons and
vessels shall comply with the
instructions of the Coast Guard Captain
of the Port or the designated on-scene
patrol personnel. Patrol personnel
comprise commissioned, warrant, and
petty officers of the Coast Guard
onboard Coast Guard, Coast Guard
Auxiliary, local, state, and federal law
enforcement vessels. Upon being hailed
by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other
means, the operator of a vessel shall
proceed as directed. The U.S. Coast
Guard may be assisted in the patrol and
enforcement of these security zones by
other local, state and federal law
enforcement as necessary.
Dated: June 6, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. E7–11602 Filed 6–14–07; 8:45 am]
BILLING CODE 4910–15–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 07–015]
RIN 1625–AA00
Safety Zone; Fourth of July Fireworks,
City of Monterey, Monterey Bay, CA
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
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ACTION:
SUMMARY: The Coast Guard will enforce
the safety zone established in 33 CFR
165.1191, during the City of Monterey’s
Fourth of July Fireworks display, to be
held on July 4, 2007, in the navigable
waters of Monterey Bay. This safety
zone is necessary to ensure the safety of
participants and spectators during the
loading, transport, and launching of
fireworks. Unauthorized persons or
vessels are prohibited from entering
into, transiting through, or anchoring in
the safety zone without permission of
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15:11 Jun 14, 2007
Jkt 211001
the Captain of the Port or his designated
representative.
Enforcement Dates: 33 CFR 165.1191
will be enforced from 9 a.m. to 9:35 p.m.
on July 4, 2007.
FOR FURTHER INFORMATION CONTACT:
Ensign Sheral Richardson, Waterways
Management Branch, U.S. Coast Guard
Sector San Francisco, at (415) 556–2950
extension 136.
SUPPLEMENTARY INFORMATION: The City
of Monterey, Recreation and
Community Services Department is
sponsoring the annual Fourth of July
Fireworks display in the navigable
waters of Monterey Bay near the beach
east of Municipal Wharf #2. The safety
zone established in 33 CFR 165.1191
will be enforced surrounding the barge
used as a fireworks launch platform.
During the loading of the barge, transit
of the barge to the display location, and
fifteen minutes prior to the start of the
fireworks display, the safety zone will
encompass the waters around and under
the barge within a radius of 100 feet.
Fifteen minutes preceding and during
the twenty minute fireworks display
itself, the safety zone increases in size
to encompass the waters around and
under the barge within a radius of 1,000
feet. Loading of the pyrotechnics onto
the barge is scheduled to commence at
9 a.m. on July 4, 2007, and will take
place at the U.S. Coast Guard Pier, 100
Lighthouse Avenue, Monterey,
California. Towing of the barge to the
display location is scheduled to take
place between 2 p.m. and 9 p.m. on July
4, 2007. During the fireworks display,
scheduled to start at approximately 9:15
p.m. on July 4, 2007, the barge will be
located approximately 1,500 feet from
Municipal Wharf #2 in position 36°
36.178′ N, 121° 53.172′ W.
In accordance with the general
regulations in § 165.23 of this part, entry
into, transit through, or anchoring
within this safety zone by all vessels
and persons is prohibited, unless
specifically authorized by the Captain of
the Port San Francisco, or his
designated representative.
The Coast Guard has granted the
event sponsor a marine event permit for
the fireworks display. This notice is
issued under authority of 33 CFR
165.1191 and 5 U.S.C. 552 (a). In
addition to this notice, the maritime
community will be provided advance
notification of the enforcement via
Broadcast Notice to Mariners. If the
Captain of the Port determines that the
safety zone need not be enforced for the
full duration stated in this notice, he
may use a Broadcast Notice to Mariners
to grant general permission to enter the
regulated area.
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33163
Dated: May 30, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. E7–11603 Filed 6–14–07; 8:45 am]
BILLING CODE 4910–15–P
POSTAL SERVICE
39 CFR Part 501
Revisions to the Requirements for
Authority to Manufacture and
Distribute Postage Evidencing
Systems
Postal Service.
Final rule.
AGENCY:
ACTION:
SUMMARY: In this final rule, the Postal
ServiceTM amends its regulations on
authorization to manufacture and
distribute postage evidencing systems.
The amendment corrects language that
conflicts with the way we do business
with PC Postage vendors.
DATES: This rule is effective July 16,
2007.
FOR FURTHER INFORMATION CONTACT:
Marlo Kay Ivey at 202–268–7613 or
Postage Technology Management, Postal
Service, at 703–292–3691.
SUPPLEMENTARY INFORMATION: The Postal
Service published a final rule in the
Federal Register on November 9, 2006
to revise 39 CFR 501, Authorization to
Manufacture and Distribute Postage
Meters.
As a result, language was used in
paragraph 501.16(d) that is in conflict
with the way we do business with PC
Postage vendors. This revision will
correct that language.
List of Subjects in 39 CFR Part 501
Administrative practice and
procedure.
I For the reasons set out in this
document, the Postal Service is
amending 39 CFR part 501 as follows:
PART 501—AUTHORIZATION TO
MANUFACTURE AND DISTRIBUTE
POSTAGE EVIDENCING SYSTEMS
1. The authority citation for 39 CFR
part 501 continues to read as follows:
I
Authority: 5 U.S.C. 552(a); 39 U.S.C. 101,
401, 403, 404, 410, 2601, 2605, Inspector
General Act of 1978, as amended (Pub. L. 95–
452, as amended); 5 U.S.C. App. 3.
2. Section 501.16 is revised to read as
follows:
I
§ 501.16 PC postage payment
methodology.
(a) The PC Postage customer is
permitted to make payments for postage
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]]>Agencies
[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Rules and Regulations]
[Pages 33160-33163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-11602]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 165
[COTP San Francisco Bay 07-012]
RIN 1625-AA87
Security Zones; Major League Baseball All-Star Game, San
Francisco Bay, CA
AGENCY: Coast Guard, DHS.
ACTION: Temporary final rule.
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SUMMARY: The Coast Guard is establishing two temporary security zones
on the navigable waters of the San Francisco Bay in the vicinity of San
Francisco Pier 30/32 and McCovey Cove located in San Francisco,
California. These regulated areas are necessary to provide security for
participants, spectators, and the general public during this high
profile event. The security zones will prohibit all persons and vessels
from entering, transiting through, or anchoring within portions of the
San Francisco Bay surrounding Pier 30/32 and McCovey Cove, unless
authorized by the Captain of the Port (COTP) or his designated
representative.
[[Page 33161]]
DATES: This rule is effective from 8 a.m. on July 7, 2007 through 11:59
p.m. on July 10, 2007.
ADDRESSES: Documents indicated in this preamble as being available for
docket are part of docket COTP San Francisco 07-012 and are available
for inspection or copying at the Waterways Safety Branch between 9 a.m.
and 4 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Lieutenant Eric Ramos, U.S. Coast
Guard Sector San Francisco, at (415) 556-2950 extension 143 or Sector
San Francisco 24-hour Command Center at (415) 399-3547.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing an NPRM because the planning for this
event was not finalized and presented in time to draft and publish an
NPRM.
For the same reason listed in the previous paragraph, 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. Publishing an NPRM and delaying the effective date
would be contrary to the public interest since the event would occur
before the rulemaking process was complete.
Background and Purpose
Major League Baseball (MLB) and the San Francisco Giants are
sponsoring a series of events leading up to and concluding with the
2007 MLB All-Star Game at AT&T Park in San Francisco from July 7, 2007
to July 10, 2007. This rule is necessary to provide for the security of
participants, spectators, and the general public at this high profile
event.
Discussion of Rule
The first regulated area in the vicinity of Pier 30/32 will include
all navigable waters, from the surface to the seafloor, encompassed by
connecting the following points to form a fifty-yard security zone
around the pier: beginning at latitude 37[deg]47.26' N and longitude
122[deg]23.23' W; thence east to latitude 37[deg]47.26' N and longitude
122[deg]23.01' W; thence south to latitude 37[deg]47.13' N and
longitude 122[deg]23.01' W; and lastly west to latitude 37[deg]47.11' N
and longitude 122[deg]23.24' W.
The second regulated area in the vicinity of McCovey Cove (China
Basin from 3rd Street Bridge to the Bay) will include all navigable
waters, from the surface to the seafloor, encompassed by connecting the
following points to form a security zone: Beginning at latitude
37[deg]46.70' N and longitude 122[deg]23.12' W; thence south-
southeasterly to latitude 37[deg]46.58' N and longitude 122[deg]23.10'
W; thence north-northwesterly to latitude 37[deg]46.61' N and longitude
122[deg]23.39' W; thence north-northwesterly to latitude 37[deg]46.63'
N and longitude 122[deg]23.41' W; and then back to the beginning point
(NAD 83). Booms will be placed in the water to mark the entry and exit
points of this zone. The only vessels that will be permitted to enter
are human-powered vessels 20 feet or less in length and other vessels
specified by Major League Baseball or the City of San Francisco. All
persons and vessels must consent to search before being permitted to
enter this zone.
No person or vessel may enter or remain within the security zones
unless authorized by the Captain of the Port, San Francisco, or his
designated representative. The Coast Guard may be assisted by other
Federal, State, or local law enforcement agencies in enforcing these
security zones.
Regulatory Evaluation
This rule is not a ``significant regulatory action'' under section
3(f) of Executive Order 12866, Regulatory Planning and Review, and does
not require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. It is not ``significant'' under the
regulatory policies and procedures of the Department of Homeland
Security (DHS).
Although this regulation restricts access to a portion of navigable
waters, the effect of this regulation will not be significant because:
(i) The zones encompass only small portions of the waterway; (ii)
vessels may be allowed to enter the zones on a case-by-case basis with
permission of the Captain of the Port or his designated representative.
The sizes of the zones are the minimum necessary to provide
adequate security on the navigable waters adjacent to AT&T Park and
other event venues. The entities most likely to be affected are
pleasure craft engaged in recreational activities and sightseeing.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
We expect this rule may affect owners and operators of vessels,
some of which may be small entities, intending to fish recreationally,
sightsee, transit, or anchor in the waters affected by this security
zone. This security zone will not have a significant economic impact on
a substantial number of small entities for several reasons. This rule
will only be in effect for less than four days during the duration of
the events and the zones do not encompass areas that are highly
trafficked. Vessel traffic can pass safely around the zone at Pier 30/
32, and certain vessels will be allowed to enter and remain in the zone
at McCovey Cove. Furthermore, other traffic may be allowed to pass
through the zones with the permission of the Coast Guard patrol
commander. Before the effective period, small entities and the maritime
public will be advised of this security zone via Broadcast Notice to
Mariners.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they could better evaluate
its effects on them and participate in the rulemaking process. If the
rule will affect your small business, organization, or government
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact Lieutenant Eric Ramos, Waterways
Safety Branch, U.S. Coast Guard Sector San Francisco at (415) 556-2950
extension 143, or the 24 hour Command Center at (415) 399-3547.
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).
[[Page 33162]]
Collection of Information
This rule would call for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.
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 or more in any
one year. Though this rule would not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule would not effect a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and would not create an
environmental risk to health or risk to safety that might
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it would 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.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a
preliminary determination that there are no factors in this case that
would limit the use of a categorical exclusion under section 2.B.2 of
the Instruction. Therefore, we believe that this rule should be
categorically excluded, under figure 2-1, paragraph (34)(g), of the
Instruction, from further environmental documentation because we are
creating security zones.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' will be available in the docket
where indicated under ADDRESSES.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.
0
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: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701; 50
U.S.C. 191; 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Pub. L.
107-295, 116 Stat. 2064; Department of Homeland Security Delegation
No. 0170.1.
0
2. Add Sec. 165.T11-187 to read as follows:
Sec. 165.T11-187 Security Zones; Major League Baseball All-Star Game,
San Francisco Bay, CA
(a) Location. The first regulated area in the vicinity of Pier 30/
32 will include all navigable waters, from the surface to the seafloor,
encompassed by connecting the following points to form a fifty-yard
security zone around the pier: Beginning at latitude 37[deg]47.26[min]
N and longitude 122[deg]23.23[min] W; thence east to latitude
37[deg]47.26[min] N and longitude 122[deg]23.01[min] W; thence south to
latitude 37[deg]47.13[min] N and longitude 122[deg]23.01[min] W; and
lastly west to latitude 37[deg]47.11[min] N and longitude
122[deg]23.24[min] W. The second regulated area in the vicinity of
McCovey Cove (China Basin from 3rd Street Bridge to the Bay) will
include all navigable waters, from the surface to the seafloor,
encompassed by connecting the following points to form a security zone:
beginning at latitude 37[deg]46.70[min] N and longitude
122[deg]23.12[min] W; thence south-southeasterly to latitude
37[deg]46.58[min] N and longitude 122[deg]23.10[min] W; thence north-
northwesterly to latitude 37[deg]46.61[min] N and longitude
122[deg]23.39[min] W; thence north-northwesterly to latitude
37[deg]46.63[min] N and longitude 122[deg]23.41[min] W; and then back
to the beginning point (NAD 83).
(b) Effective period. This section is effective from 8 a.m. on July
7, 2007 through 11:59 p.m. on July 10, 2007. If the event concludes
prior to the scheduled termination time, the Coast Guard will cease
enforcement of the security zones and will announce that fact via
Broadcast Notice to Mariners.
(c) Regulations. In accordance with the general regulations in
Sec. 165.23 of this part, entry into, transit through, or anchoring
within these security zones
[[Page 33163]]
by all vessels and persons is prohibited, unless specifically
authorized by the Captain of the Port San Francisco or his designated
representative. Human-powered vessels 20 feet or less in length, and
other vessels specified by Major League Baseball or the City of San
Francisco, will be permitted to enter and remain in the security zone
at McCovey Cove. All persons and vessels must consent to search before
being permitted to enter this zone.
(d) Enforcement. All persons and vessels shall comply with the
instructions of the Coast Guard Captain of the Port or the designated
on-scene patrol personnel. Patrol personnel comprise commissioned,
warrant, and petty officers of the Coast Guard onboard Coast Guard,
Coast Guard Auxiliary, local, state, and federal law enforcement
vessels. Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed. The U.S. Coast Guard may be assisted in the
patrol and enforcement of these security zones by other local, state
and federal law enforcement as necessary.
Dated: June 6, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. E7-11602 Filed 6-14-07; 8:45 am]
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