Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations 36881 

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 § 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 

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 


jlentini on PROD1PC65 with RULES
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 

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. 


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Federal Register / Vol. 72, No. 129 / Friday, July 6, 2007 / Rules and Regulations 36883 

■ 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; 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. In temporary § 165.T11–187 

(published June 15, 2007, at 72 FR 

33162 and 33163) revise paragraphs (a) 

and (c) to read as follows: 

§ 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°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 

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 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 202 

[Docket No. RM 2007–7] 

Online Registration of Claims to 

Copyright 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Interim regulations for online 

registration. 

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. 

DATES: 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 

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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