Security Zones; Major League Baseball All-Star Game, San Francisco Bay, CA, 36881-36883 [07-3315]
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Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations
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.
ACTION: Temporary final rule; revision of
temporary regulation.
AGENCY:
jlentini on PROD1PC65 with RULES
SUMMARY: The Coast Guard is revising a
temporary regulation published June 15,
2007, that establishes security zones in
the vicinity of San Francisco Pier 30/32
and McCovey Cove on the navigable
waters of the San Francisco Bay for the
2007 Major League Baseball All-Star
Game and related events. The purpose
of this revision is to clarify the location
of the two security zones and the
process for seeking permission to enter
these zones. 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.
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 Coast Guard Sector San
Francisco, 1 Yerba Buena Island, San
Francisco, California 94130, 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.
VerDate Aug<31>2005
20:11 Jul 05, 2007
Jkt 211001
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
We are revising the rule entitled
‘‘Security Zones; Major League Baseball
All-Star Game, San Francisco Bay, CA’’
that we published June 15, 2007, in the
Federal Register (72 FR 33160) which
created a temporary regulation, 33 CFR
165.T11–187. The purpose of this
revision is to clarify the location of the
two security zones and the process for
seeking permission to enter these zones.
Discussion of Rule
In describing the security zone in the
vicinity of Pier 30/32 in the rule
published June 15, we did not include
the last boundary of the zone. We are
revising paragraph (a) of § 165.T11–187
to connect the last coordinate listed
with the beginning coordinate. We are
also providing each security zone its
own paragraph with a heading to help
distinguish the two zones.
The Pier 30/32 zone includes all
navigable waters, from the surface to the
seafloor, encompassed by connecting
the following points to form a fifty-yard
security zone around and beneath 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;
west to latitude 37°47.11′ N and
longitude 122°23.24′ W; and then back
to the beginning point (NAD 83). This
security zone will be enforced on all
navigable waters around and beneath
the pier within approximately fifty
yards in any direction.
The security zone in the vicinity of
McCovey Cove (China Basin from 3rd
Street Bridge to the Bay) remains the
same—all navigable waters, from the
surface to the seafloor, encompassed by
connecting the following points to form
a safety 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)—but we have revised
paragraph (c) § 165.T11–187 to denote
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36881
the placement of booms marking the
entry and exit points of the zone, and to
clarify that only vessels authorized by
the COTP will be permitted into these
zones.
Only human-powered vessels 20 feet
or less in length, and other designated
vessels associated with Major League
Baseball or the San Francisco Giants,
will be allowed entry into the zone.
Under authority of 50 U.S.C. 191 (the
Magnuson Act) and 33 CFR 6.04–7, 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 the zones encompass
only small portions of the waterway and
vessels may be allowed to enter the
zones on a case-by-case basis with
permission of the COTP, or his
designated representative.
The sizes of the zones are the
minimum necessary to provide adequate
security and safety 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
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06JYR1
36882
Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations
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 these
zones. These zones 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 under the conditions discussed
herein. Furthermore, other traffic may
be allowed to transit through the zones
with the permission of the COTP or his
designated representative. Before the
effective period, small entities and the
maritime public will be advised of these
regulated areas via Broadcast Notice to
Mariners and publication in the Local
Notice to Mariners.
Assistance for Small Entities
jlentini on PROD1PC65 with RULES
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, 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).
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.
Collection of Information
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.
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520).
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
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20:11 Jul 05, 2007
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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.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 because
we are creating security zones.
A final ‘‘Environmental Analysis
Check List’’ and a final ‘‘Categorical
Exclusion Determination’’ are 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.
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Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations
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 2. In temporary § 165.T11–187
(published June 15, 2007, at 72 FR
33162 and 33163) revise paragraphs (a)
and (c) to read as follows:
jlentini on PROD1PC65 with RULES
§ 165.T11–187 Security Zones; Major
League Baseball All-Star Game, San
Francisco Bay, CA.
20:11 Jul 05, 2007
Jkt 211001
Dated: June 25, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
[FR Doc. 07–3315 Filed 7–3–07; 2:20 pm]
BILLING CODE 4910–15–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 202
[Docket No. RM 2007–7]
(a) Locations. The following areas are
security zones:
(1) Pier 30/32. All navigable waters,
from the surface to the seafloor,
encompassed by connecting the
following points to form a fifty-yard
security zone around and beneath Pier
30/32: 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;
west to latitude 37°47.11′ N and
longitude 122°23.24′ W; and then back
to the beginning point (NAD 83).
(2) McCovey Cove. All navigable
waters, from the surface to the seafloor
in the vicinity of McCovey Cove (China
Basin from 3rd Street Bridge to the Bay),
encompassed by a line connecting the
following points: 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).
*
*
*
*
*
(c) Regulations. (1) Under general
security zone regulations in § 165.33,
entry into, transit through, or anchoring
within the security zones described in
paragraph (a) of this section is
prohibited, unless specifically
authorized by the Captain of the Port,
San Francisco, or his designated
representative.
(2) Booms will be placed in the water
to mark the entry and exit points of the
McCovey Cove security zone described
in paragraph (a) (2) of this section. Only
human-powered vessels 20 feet or less
in length, and other designated vessels
associated with Major League Baseball
VerDate Aug<31>2005
or the San Francisco Giants, will be
allowed entry into the McCovey Cove
zone. All persons and vessels must
consent to search before being permitted
to enter the McCovey Cove zone.
*
*
*
*
*
Online Registration of Claims to
Copyright
Copyright Office, Library of
Congress.
ACTION: Interim regulations for online
registration.
AGENCY:
SUMMARY: The Copyright Office is
undergoing an extensive business
process reengineering (BPR) initiative of
many of its internal work systems,
including registration and recordation
procedural systems, to enhance the
delivery of its services to the public.
The implementation of an online
registration system is a key component
of BPR, and it requires that the Office
amend its regulations governing the
procedures by which the public
submits, and the Office processes,
copyright registrations and recordations.
These interim rules identify the
principal changes and upgrades to the
registration system and announce the
amendments to the regulations to
accommodate online registration. These
changes will become effective with the
commencement of the Beta test phase of
the electronic, online registration
system in July 2007. The Beta test phase
will be limited to selected participants
until system testing is complete, at
which time the Office will open the
electronic registration system to the
public.
These interim rules become
effective on July 6, 2007. Written
comments on the interim regulation
should be received on or before
September 4, 2007.
ADDRESSES: If hand delivered by a
private party, an original and five copies
of a comment or reply comment should
be brought to the Library of Congress,
U.S. Copyright Office, Public and
DATES:
PO 00000
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36883
Information Office, 101 Independence
Ave., SE., Washington, DC 20559,
between 8:30 a.m. and 5 p.m. The
envelope should be addressed as
follows: Office of the General Counsel,
U.S. Copyright Office.
If delivered by a commercial courier,
an original and five copies of a comment
must be delivered to the Congressional
Courier Acceptance Site (CCAS) located
at 2nd and D Streets, NE., Washington,
DC between 8:30 a.m. and 4 p.m. The
envelope should be addressed as
follows: Office of the General Counsel,
U.S. Copyright Office, LM–401, James
Madison Building, 101 Independence
Avenue, SE., Washington, DC. Please
note that CCAS will not accept delivery
by means of overnight delivery services
such as Federal Express, United Parcel
Service or DHL. If sent by mail
(including overnight delivery using U.S.
Postal Service Express Mail), an original
and five copies of a comment or reply
comment should be addressed to U.S.
Copyright Office, Copyright GC/I&R,
P.O. Box 70400, Washington, DC 20024.
FOR FURTHER INFORMATION CONTACT:
Tanya Sandros, General Counsel, or
Nanette Petruzzelli, Special Legal
Advisor to the Register for
Reengineering, Copyright Office, Library
of Congress, Washington, DC 20540.
Telephone: (202) 707–8380. Telefax:
(202) 707–8366.
SUPPLEMENTARY INFORMATION:
Background
For well over a century, the Copyright
Office has met its statutory obligation of
registering claims to copyright and
recording documents pertaining to
copyright. 17 U.S.C. 207–210 (1909
Copyright Act, repealed 1976), as
amended, 17 U.S.C. 205, 408–410
(2005). The Copyright Office’s internal
processes for registering claims have
been improved and upgraded
periodically to take advantage of the
emergence of new technologies for the
purpose of greater efficiency in
operating an office of record. The Office
has issued, on average, more than a
half–million certificates of registration
each fiscal year for the past ten years. In
fiscal year 2005, the Office received
600,535 claims to copyright for more
than a million works of authorship of
which it registered 531,720 claims. See
Annual Report of the Register of
Copyrights, Fiscal Year Ending
September 30, 2005, at 9; also available
on the Copyright Office website at
www.copyright.gov.
Approximately seven years ago, the
Copyright Office decided that an
extensive restructuring of its registration
processing was in order to address the
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]]>Agencies
[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Rules and Regulations]
[Pages 36881-36883]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3315]
[[Page 36881]]
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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; revision of temporary regulation.
-----------------------------------------------------------------------
SUMMARY: The Coast Guard is revising a temporary regulation published
June 15, 2007, that establishes security zones in the vicinity of San
Francisco Pier 30/32 and McCovey Cove on the navigable waters of the
San Francisco Bay for the 2007 Major League Baseball All-Star Game and
related events. The purpose of this revision is to clarify the location
of the two security zones and the process for seeking permission to
enter these zones. 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.
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 Coast Guard Sector San Francisco, 1 Yerba
Buena Island, San Francisco, California 94130, 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
We are revising the rule entitled ``Security Zones; Major League
Baseball All-Star Game, San Francisco Bay, CA'' that we published June
15, 2007, in the Federal Register (72 FR 33160) which created a
temporary regulation, 33 CFR 165.T11-187. The purpose of this revision
is to clarify the location of the two security zones and the process
for seeking permission to enter these zones.
Discussion of Rule
In describing the security zone in the vicinity of Pier 30/32 in
the rule published June 15, we did not include the last boundary of the
zone. We are revising paragraph (a) of Sec. 165.T11-187 to connect the
last coordinate listed with the beginning coordinate. We are also
providing each security zone its own paragraph with a heading to help
distinguish the two zones.
The Pier 30/32 zone includes all navigable waters, from the surface
to the seafloor, encompassed by connecting the following points to form
a fifty-yard security zone around and beneath 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; west to
latitude 37[deg]47.11' N and longitude 122[deg]23.24' W; and then back
to the beginning point (NAD 83). This security zone will be enforced on
all navigable waters around and beneath the pier within approximately
fifty yards in any direction.
The security zone in the vicinity of McCovey Cove (China Basin from
3rd Street Bridge to the Bay) remains the same--all navigable waters,
from the surface to the seafloor, encompassed by connecting the
following points to form a safety 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)--but we have revised paragraph (c) Sec. 165.T11-187 to denote
the placement of booms marking the entry and exit points of the zone,
and to clarify that only vessels authorized by the COTP will be
permitted into these zones.
Only human-powered vessels 20 feet or less in length, and other
designated vessels associated with Major League Baseball or the San
Francisco Giants, will be allowed entry into the zone. Under authority
of 50 U.S.C. 191 (the Magnuson Act) and 33 CFR 6.04-7, 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
the zones encompass only small portions of the waterway and vessels may
be allowed to enter the zones on a case-by-case basis with permission
of the COTP, or his designated representative.
The sizes of the zones are the minimum necessary to provide
adequate security and safety 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
[[Page 36882]]
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 these zones.
These zones 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 under the conditions discussed herein. Furthermore,
other traffic may be allowed to transit through the zones with the
permission of the COTP or his designated representative. Before the
effective period, small entities and the maritime public will be
advised of these regulated areas via Broadcast Notice to Mariners and
publication in the Local 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, 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).
Collection of Information
This rule calls 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.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 because we are creating security zones.
A final ``Environmental Analysis Check List'' and a final
``Categorical Exclusion Determination'' are 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.
[[Page 36883]]
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. In temporary Sec. 165.T11-187 (published June 15, 2007, at 72 FR
33162 and 33163) revise paragraphs (a) and (c) to read as follows:
Sec. 165.T11-187 Security Zones; Major League Baseball All-Star Game,
San Francisco Bay, CA.
(a) Locations. The following areas are security zones:
(1) Pier 30/32. All navigable waters, from the surface to the
seafloor, encompassed by connecting the following points to form a
fifty-yard security zone around and beneath Pier 30/32: 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; west to
latitude 37[deg]47.11' N and longitude 122[deg]23.24' W; and then back
to the beginning point (NAD 83).
(2) McCovey Cove. All navigable waters, from the surface to the
seafloor in the vicinity of McCovey Cove (China Basin from 3rd Street
Bridge to the Bay), encompassed by a line connecting the following
points: 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).
* * * * *
(c) Regulations. (1) Under general security zone regulations in
Sec. 165.33, entry into, transit through, or anchoring within the
security zones described in paragraph (a) of this section is
prohibited, unless specifically authorized by the Captain of the Port,
San Francisco, or his designated representative.
(2) Booms will be placed in the water to mark the entry and exit
points of the McCovey Cove security zone described in paragraph (a) (2)
of this section. Only human-powered vessels 20 feet or less in length,
and other designated vessels associated with Major League Baseball or
the San Francisco Giants, will be allowed entry into the McCovey Cove
zone. All persons and vessels must consent to search before being
permitted to enter the McCovey Cove zone.
* * * * *
Dated: June 25, 2007.
W.J. Uberti,
Captain, U.S. Coast Guard, Captain of the Port, San Francisco.
[FR Doc. 07-3315 Filed 7-3-07; 2:20 pm]
BILLING CODE 4910-15-P
