[Federal Register Volume 72, Number 115 (Friday, June 15, 2007)]
[Rules and Regulations]
[Pages 33160-33163]
From the Federal Register Online via the Government Publishing 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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