[Federal Register Volume 72, Number 129 (Friday, July 6, 2007)]
[Rules and Regulations]
[Pages 36881-36883]
From the Federal Register Online via the Government Publishing 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.

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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