38530 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0631] 

RIN 1625–AA00 

Safety Zone; Hornblower Cruises Fleet 

Week Fireworks Display, San 

Francisco Bay, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of San Francisco 

Bay near San Francisco, CA in support 

of a Fleet Week fireworks display. This 

safety zone is necessary to ensure the 

safety of participants and spectators 

from the dangers associated with the 

pyrotechnics. Unauthorized persons or 

vessels are prohibited from entering 

into, transiting through, or remaining in 

the safety zones without permission of 

the Captain of the Port or his designated 

representative. 

DATES: This rule is effective from 8:45 

a.m. through 10 p.m., each day, on 

October 9 and 10, 2009. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2009– 

0631 and are available online by going 

to http://www.regulations.gov, selecting 

the Advanced Docket Search option on 

the right side of the screen, inserting 

USCG–2009–0631 in the Docket ID box, 

pressing Enter, and then clicking on the 

item in the Docket ID column. They are 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call Lieutenant Junior Grade 

Christopher Hartley, U.S. Coast Guard 

Sector San Francisco, at (415) 399–7436, 

or at Christopher.A.Hartley@uscg.mil. If 

you have questions on viewing the 

docket, call Renee V. Wright, Program 

Manager, Docket Operations, telephone 

202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because the 

event would occur before the 

rulemaking process would be 

completed. Because of the dangers 

posed by the pyrotechnics used in these 

fireworks displays, the safety zones are 

necessary to provide for the safety of 

event participants, spectators, spectator 

craft, and other vessels transiting the 

event area. 

For the same reasons, the Coast Guard 

also finds under 5 U.S.C. 553(d)(3) that 

good cause exists for making this rule 

effective less than 30 days after 

publication in the Federal Register. Any 

delay in the effective date of this rule 

would expose members of the public to 

the dangers posed by the pyrotechnics 

used in the fireworks display. 

Background and Purpose 

Hornblower Cruises will sponsor a 

Fleet Week fireworks display on 

October 9 and 10, 2009 on the navigable 

waters of San Francisco Bay, CA. The 

fireworks displays are meant for 

entertainment purposes. This safety 

zone establishes temporary restricted 

areas on the waters surrounding the 

fireworks launch sites during loading of 

the pyrotechnics and during the 

fireworks displays. These restricted 

areas around the launch sites are 

necessary to protect spectators, vessels, 

and other property from the hazards 

associated with the pyrotechnics on the 

fireworks barges. The Coast Guard has 

granted the event sponsor a marine 

event permit for the fireworks displays. 

Discussion of Rule 

During the setup of the fireworks and 

until the start of the fireworks displays, 

the temporary safety zone will be 

enforced within a radius of 100 feet 

around the fireworks sites. From 9:30 

p.m. until 9:50 p.m., the temporary 

safety zone will be enforced within a 

radius of 1,000 feet around the fireworks 

launch sites. 

The effect of the temporary safety 

zones will be to restrict navigation in 

the vicinity of the fireworks sites while 

the fireworks are set up, and until the 

conclusion of the scheduled displays. 

Except for persons or vessels authorized 

by the Coast Guard Patrol Commander, 

no person or vessel may enter or remain 

in the restricted area. These regulations 

are needed to keep spectators and 

vessels a safe distance away from the 

fireworks barges to ensure the safety of 

participants, spectators, and transiting 

vessels. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

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. 

Although this rule restricts access to 

the waters encompassed by the safety 

zones, the effect of this rule will not be 

significant because of the small size and 

short duration of the zone. Additionally, 

local waterway users will be able to pass 

safely around the zone, and will be 

notified via public Broadcast Notice to 

Mariners to ensure the zone will result 

in minimum impact. 

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. 

This rule may affect the following 

entitites, some of which are small 

entities: The owners and operators of 

pleasure craft engaged in recreational 

activities and sightseeing. This rule will 

not have a significant economic impact 

on a substantial number of small entities 

for several reasons: (1) Vessel traffic can 

pass safely around the area; (2) vessels 

engaged in recreational activities and 


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Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 38531 

sightseeing have ample space outside of 

the affected portion of the areas of San 

Francisco, CA to engage in these 

activities; (3) this rule will encompass 

only a small portion of the waterway for 

a limited period of time; and (4) the 

maritime public will be advised in 

advance of this safety 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 offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations, to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

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 will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will 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 

does not create an environmental risk to 

health or risk to safety that may 

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 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. 

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 

Department of Homeland Security 

Management Directive 0023.1 and 

Commandant Instruction M16475.lD, 

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 this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction because the 

rule establishes a safety zone. 

An environmental analysis checklist 

and a 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. 

■ 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 

■ 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, 3306, 3703; 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. 

■ 2. Add temporary § 165–T11–223 to 

read as follows: 

§ 165–T11–223 Safety Zone; Hornblower 

Cruises Fleet Week Fireworks Display, San 

Francisco Bay, CA 

(a) Location. The following area is a 

safety zone: All waters of San Francisco 

Bay, from surface to bottom, within a 

1,000 foot radius of fireworks launch 

sites that will be located approximately 

at: 37°47′55.61′′ N, 122°23′36.03′′ W; 

37°48′41.95′′ N, 122°24′43.97′′ W; and, 

37°48′38.00′′ N, 122°24′50.93′′ W. All 

coordinates are (NAD 83). 


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38532 Federal Register / Vol. 74, No. 148 / Tuesday, August 4, 2009 / Rules and Regulations 

(b) Enforcement. During the loading of 

the fireworks, and until the start of the 

fireworks displays on October 9 and 10, 

2009, this regulation will be enforced 

within a radius of 100 feet around the 

fireworks launch sites. From 9:30 p.m. 

until 9:50 p.m. on October 9 and 10, 

2009, this regulation will be enforced 

within a radius of 1,000 feet around the 

fireworks launch sites. 

(b) Definitions. As used in this 

section, ‘‘designated representative’’ 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port San Francisco (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

regulations in § 165.23, entry into, 

transiting, or anchoring within this 

safety zone is prohibited unless 

authorized by the COTP or the COTP’s 

designated representative. 

(2) The safety zone is closed to all 

vessel traffic, except as may be 

permitted by the COTP or a designated 

representative. 

(3) Vessel operators desiring to enter 

or operate within the safety zone must 

contact the COTP or a designated 

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 COTP or the designated 

representative. Persons and vessels may 

request permission to enter the safety 

zones on VHF–16 or through the 24- 

hour Command Center at telephone 

(415) 399–3547. 

(d) Effective period. This section is 

effective from 8:45 a.m. through 10 p.m. 

on October 9 and 8:45 a.m. through 10 

p.m. on October 10, 2009. 

Dated: July 16, 2009. 

P.M. Gugg, 

Captain, U.S. Coast Guard, Captain of the 

Port San Francisco. 

[FR Doc. E9–18494 Filed 8–3–09; 8:45 am] 

BILLING CODE 4910–15–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 351 

[Docket No. RM 2009–5] 

Proceedings of the Copyright Royalty 

Board; Remand 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: The Copyright Royalty Board 

is issuing an interim regulation to 

amend its procedural regulations to 

include a provision governing remands 

of final determinations pursuant to the 

Copyright Act, which sets forth in 

significant detail the procedural 

structure to be followed by the 

Copyright Royalty Judges in making 

determinations to distribute royalty fees 

and establish royalty rates and terms 

under the various statutory licenses of 

the Copyright Act. The Judges have 

adopted regulations governing the 

conduct of these proceedings. 

DATES: Effective Date: August 4, 2009. 

Comments are due no later than 

September 3, 2009. 

ADDRESSES: Comments may be sent 

electronically to crb@loc.gov. In the 

alternative, send an original, five copies, 

and an electronic copy on a CD either 

by mail or hand delivery. Please do not 

use multiple means of transmission. 

Comments may not be delivered by an 

overnight delivery service other than the 

U.S. Postal Service Express Mail. If by 

mail (including overnight delivery), 

comments must be addressed to: 

Copyright Royalty Board, P.O. Box 

70977, Washington, DC 20024–0977. If 

hand delivered by a private party, 

comments must be brought to the 

Copyright Office Public Information 

Office, Library of Congress, James 

Madison Memorial Building, Room LM– 

401, 101 Independence Avenue, SE., 

Washington, DC 20559–6000. If 

delivered by commercial courier, 

comments must be delivered between 

8:30 a.m. and 4 p.m. to the 

Congressional Courier Acceptance Site 

located at 2nd and D Street, NE., 

Washington, DC, and the envelope must 

be addressed to: Copyright Royalty 

Board, Library of Congress, James 

Madison Memorial Building, LM–403, 

101 Independence Avenue, SE., 

Washington, DC 20559–6000. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor, by 

telephone at (202) 707–7658 or e-mail at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Section 

803 of the Copyright Act, 17 U.S.C., sets 

forth in significant detail the procedural 

structure to be followed by the 

Copyright Royalty Judges in making 

determinations to distribute royalty fees 

and establish royalty rates and terms 

under the various statutory licenses of 

the Copyright Act. Pursuant to the 

authority granted us in 17 U.S.C. 

803(b)(6), the Judges have adopted 

regulations, set forth in Subchapter B, 

Chapter III of title 37 of the Code of 

Federal Regulations, governing the 

conduct of these proceedings. Every 

proceeding to distribute royalty fees or 

establish royalty rates and terms results 

in a final determination of the Judges 

that is reviewable by the United States 

Court of Appeals for the District of 

Columbia Circuit, 17 U.S.C. 803(d). The 

Court of Appeals may, inter alia, vacate 

a determination or portion thereof, and 

remand to the Judges for further action. 

Until today, the Judges did not have any 

procedural regulations in place for 

handling the disposition of a remand. 

On July 7, 2009, and again on July 10, 

2009, the Court of Appeals issued 

decisions reviewing the first two royalty 

rate proceedings conducted under the 

Copyright Royalty Judges system. See 

SoundExchange, Inc. v. Librarian of 

Congress, No. 08–1078, 2009 WL 

1930180 (D.C. Cir. July 7, 2009); 

Intercollegiate Broadcast System, Inc. v. 

Copyright Royalty Board, No. 07–1123, 

07–1168, 07–1172, 07–1174, 07–1177, 

07–1178, 2009 WL 1978453 (D.C. Cir. 

July 10, 2009). Although the Court 

affirmed the determinations of the 

Judges in the main, each case remanded 

an issue for further consideration by the 

Judges. Lacking any regulations 

governing the procedures for disposing 

of remands, the adoption of today’s 

interim regulation is necessary for these 

and any future cases. 

The interim regulation provides that, 

within 45 days of the date of issuance 

of the mandate of a decision of the Court 

of Appeals remanding a determination 

of the Judges, the parties to the 

proceeding shall submit, in writing, 

their proposals setting forth the 

procedures and schedule to be followed 

in addressing the remand. The interim 

rule is purposely flexible to permit the 

Judges, and the parties, to address the 

particulars of each remand before the 

Judges in an effort to promote 

administrative efficiency and reduce 

costs. 

Interested parties are encouraged to 

offer comments as to the interim 

regulation as well as propose any 

additional procedures or regulations 

necessary for the handling of remands. 

List of Subjects in 37 CFR Part 351 

Administrative practice and 

procedure, Copyright. 

Interim Regulation 

■ For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

are amending part 351 of 37 CFR as 

follows: 


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