Determination and Allocation of Initial Administrative Assessment To Fund Mechanical Licensing Collective

Citation86 FR 6568
Record Number2020-29194
Published date22 January 2021
SectionRules and Regulations
CourtCopyright Royalty Board,Library Of Congress
6568
Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0020 to read as
follows:
§ 165.T08–0020 Safety Zone; Lower
Mississippi river, Mile Marker 368 and 370,
Natchez, MS.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River from Mile
Marker (MM) 368 through MM 370.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Lower Mississippi
River (COTP) or the COTP’s designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard assigned to units under the
operational control of USCG Sector
Lower Mississippi River.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16
or by telephone at 901–521–4822. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(c) Effective period. This section is
effective without actual notice from
January 22, 2021 until February 5, 2021.
For the purposes of enforcement, actual
notice will be used from January 14,
2021 until January 22, 2021.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
appropriate.
Dated: January 13, 2021.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2021–01329 Filed 1–21–21; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 390
[Docket No. 19–CRB–0009 AA]
Determination and Allocation of Initial
Administrative Assessment To Fund
Mechanical Licensing Collective
AGENCY
: Copyright Royalty Board,
Library of Congress.
ACTION
: Final rule; amended
determination.
SUMMARY
: The Copyright Royalty Judges
are amending regulations to revise the
allocation of the initial administrative
assessment To fund the mechanical
licensing collective.
DATES
: Effective: January 22, 2021.
ADDRESSES
: Docket: For access to the
docket to read submitted documents, go
to eCRB, the Copyright Royalty Board’s
electronic filing and case management
system at https://app.crb.gov/ and
search for docket number 19–CRB–0009
AA.
FOR FURTHER INFORMATION CONTACT
:
Anita Blaine, CRB Program Specialist,
by telephone at (202) 707–7658 or by
email at crb@loc.gov.
SUPPLEMENTARY INFORMATION
: On July 8,
2019, the Copyright Royalty Board
initiated the Determination and
Allocation of Initial Administrative
Assessment to Fund Mechanical
Licensing Collective proceeding by
notice published in the Federal Register
at 84 FR 32475, pursuant to the Orrin
G. Hatch-Bob Goodlatte Music
Modernization Act, Public Law 115–
264, 132 Stat. 3676 (Oct. 11, 2018), 17
U.S.C. 115(d)(7)(D)(vi) and 801(b)(8)
(2018). The purpose of this proceeding
was to determine the initial
administrative assessment that digital
music providers and any significant
nonblanket licensees must pay to fund
the collective total costs of the
mechanical licensing collective.
Pursuant to a settlement of that
proceeding, the Copyright Royalty
Judges (‘‘Judges’’) adopted a negotiated
agreement that had been agreed to by
the mechanical licensing collective
(MLC) and the digital licensee
coordinator (DLC) as to both the amount
of the assessment and the method of
allocation of that assessment among
digital music providers and significant
nonblanket licensees and published
final regulations implementing that
settlement. See 85 FR 832 (Jan. 8, 2020);
see also 37 CFR 390.
On December 18, 2020, the DLC and
the MLC jointly filed a motion with the
Judges to modify the terms of
implementation of the initial
administrative assessment, invoking the
Judges’ authority under 17 U.S.C.
115(d)(7)(D)(vi) which gives the Judges
‘‘continuing authority to amend a
determination of an administrative
assessment . . . to modify the terms of
implementation, for good cause.’’ In
particular, the motion sought
modification of the existing regulations
to provide a revised method of
allocation of the administrative
assessment to provide flat fee rates for
smaller licensees and services that
exclusively operate download stores
under pass-through licenses received
from record labels. The motion also
sought certain clarifications and
technical changes in terms based upon
the DLC and MLC’s improved
understanding of operational needs
gained since the initial administrative
assessment was adopted. The proposed
amendments do not affect the amount of
the assessments.
Based on the representations that the
current allocation methodology could
have ‘‘significant impacts on smaller
Licensees’’, that the revised allocation
methodology ‘‘is specifically calculated
to address market participation by
smaller Licensees and pass-through
download stores in an equitable
manner, and has support from a diverse
cross-section of the Licensee industry’’,
and that the MLC also supports the
amendments and has determined that
they are administrable, the Judges find
good cause to amend the regulations
pursuant to their authority under 17
U.S.C. 115(d)(7)(D)(vi).
List of Subjects in 37 CFR Part 390
Copyright, Licensing and registration,
Music, Phonorecords, Recordings,
Royalties.
Final Regulations
For the reasons set forth in the
preamble, the Copyright Royalty Judges
amend 37 CFR part 390 as follows:
PART 390—AMOUNTS AND TERMS
FOR ADMINISTRATIVE
ASSESSMENTS TO FUND
MECHANICAL LICENSING
COLLECTIVE
1. The authority citation for part 390
continues to read as follows:
Authority: 17 U.S.C. 115, 801(b).
2. Revise § 390.1 to read as follows:
§ 390.1 Definitions.
Administrative assessment has the
meaning set forth in 17 U.S.C. 115(e)(3).
Aggregate Sound Recordings Count
means the sum of the Unique Sound
Recordings Counts of each and every
Allocated Licensee, calculated over the
respective Quarterly Allocation
calculation period.
Allocated Licensees mean licensees as
set forth in § 390.3(a) who are allocated
an additional share of assessments
beyond the annual minimum fee.
Allocated Licensee Assessment Pool
means an amount equaling 50% of each
Annual Assessment and Quarterly
Allocation.
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Annual Assessment means the
administrative assessment for each
calendar year beginning with the
calendar year 2021.
Annual Calculation Period means the
calculation period for annual minimum
fees, as set forth in § 390.3(b).
Annual minimum fee means the
minimum amount each Licensee shall
pay for each Annual Assessment period,
as set forth in § 390.3.
Blanket Licensee means a digital
music provider that is engaged, in all or
in part, in covered activities pursuant to
a compulsory blanket license described
in 17 U.S.C. 115(d).
Certified Minimum Fee Disclosure
means a Licensee’s certified statement
setting forth its Unique Sound
Recordings Count for the respective
calculation period.
Covered activity has the meaning set
forth in 17 U.S.C. 115(e)(7).
Digital licensee coordinator or DLC
has the meaning set forth in 17 U.S.C.
115(e)(9).
ECI means the Employment Cost
Index for total compensation (not
seasonally adjusted), all civilian
workers, as published on the website of
the United States Department of Labor,
Bureau of Labor Statistics, for the most
recent 12-month period for which data
are available on the date that is 60 days
prior to the start of the calendar year.
Flat Fee Licensees mean licensees as
set forth in § 390.3(a) who are not
allocated an additional share of
assessments beyond the annual
minimum fee.
License availability date has the
meaning set forth in 17 U.S.C.
115(e)(15).
Licensee means either a Blanket
Licensee or a Significant Nonblanket
Licensee.
Mechanical licensing collective or
MLC has the meaning set forth in 17
U.S.C. 115(e)(18).
New Licensee means a Licensee that
begins engaging in covered activities on
or after the license availability date.
Notice of license has the meaning set
forth in 17 U.S.C. 115(e)(22).
Notice of nonblanket activity has the
meaning set forth in 17 U.S.C.
115(e)(23).
Quarterly Allocation means each of
four equal parts of each Annual
Assessment, to be paid on a calendar
quarterly basis.
Significant Nonblanket Licensee has
the meaning set forth in 17 U.S.C.
115(e)(31).
Startup Assessment means the one-
time administrative assessment for the
startup phase of the MLC.
Threshold Licensee means an
Allocated Licensee that reports at least
7.5% of the Aggregate Sound
Recordings Count of all Allocated
Licensees.
Threshold Licensee Assessment Pool
means an amount equaling 50% of each
Annual Assessment and Quarterly
Allocation.
Unique Sound Recordings Count
means, for each Licensee, the number of
unique sound recordings used and
reported per month by such Licensee in
Section 115 covered activities, such as
would be reflected in the information
required to be reported under 17 U.S.C.
115(d), calculated as a monthly average
over the respective calculation period,
except that a sound recording of a
musical work that is in the public
domain and designated as such in a
monthly report of use shall not count
towards the Licensee’s Unique Sound
Recordings Count. For example, a
Licensee’s Unique Sound Recordings
Count for a Quarterly Allocation
calculation period will be calculated by
adding together the counts of unique
sound recordings reported by such
Licensee to the MLC during each month
of that quarter and dividing that sum by
three. A Licensee’s Unique Sound
Recordings Count for an Annual
Calculation Period will be calculated by
adding together the counts of unique
sound recordings reported by such
Licensee to the MLC during each month
of that twelve-month period and
dividing that sum by twelve. In the case
of a Licensee that was engaged in
covered activities only for part of a
Quarterly Allocation calculation period
or Annual Calculation Period, the
monthly average shall be calculated
using only the calendar months that the
Licensee was engaged in covered
activities. In the case of a Licensee that
was not engaged in covered activities
during any part of a Quarterly
Allocation calculation period or Annual
Calculation Period, the monthly average
shall be zero. Within each month’s
usage reports from a particular Licensee,
a sound recording reported multiple
times with the same metadata would be
counted as a single sound recording,
and a sound recording reported multiple
times each with different metadata
would be counted multiple times, once
for each reporting with new or different
metadata.
3. Revise § 390.3 to read as follows:
§ 390.3 Annual minimum fees.
(a) Amounts. Subject to paragraph (e)
of this section, Licensees shall pay
annual minimum fees as follows—
(1) In general. Except as provided in
paragraph (a)(2) of this section—
(i) Licensees that have a Unique
Sound Recordings Count of 10,000 or
less during the relevant Annual
Calculation Period shall pay $2,500 and
shall be Flat Fee Licensees for the
respective Annual Assessment;
(ii) Licensees that have a Unique
Sound Recordings Count of between
10,001 and 25,000 during the relevant
Annual Calculation Period shall pay
$5,000 and shall be Flat Fee Licensees
for the respective Annual Assessment;
(iii) Licensees that have a Unique
Sound Recordings Count of between
25,001 and 50,000 during the relevant
Annual Calculation Period shall pay
$10,000 and shall be Flat Fee Licensees
for the respective Annual Assessment,
where such Annual Calculation Period
is for the Annual Assessment for the
calendar year 2024 or earlier; otherwise
such Licensees shall pay $60,000 and
shall be Allocated Licensees for the
respective Annual Assessment;
(iv) Licensees that have a Unique
Sound Recordings Count of between
50,001 and 100,000 during the relevant
Annual Calculation Period shall pay
$20,000 and shall be Flat Fee Licensees
for the respective Annual Assessment,
where such Annual Calculation Period
is for the Annual Assessment for the
calendar year 2024 or earlier; otherwise
such Licensees shall pay $60,000 and
shall be Allocated Licensees; and
(v) Licensees that have a Unique
Sound Recordings Count greater than
100,000 during the relevant Annual
Calculation Period shall pay an annual
minimum fee of $60,000 and shall be
Allocated Licensees for the respective
Annual Assessment.
(2) Download store annual fee.
Licensees that engage in covered
activities exclusively under authority
obtained from licensors of sound
recordings to make and distribute
permanent downloads of musical works
embodied in such sound recordings
pursuant to individual download
licenses or voluntary licenses shall be
Flat Fee Licensees and pay the
following amounts:
(i) $2,500 if the Licensee has a Unique
Sound Recordings Count of 50,000 or
less during the relevant Annual
Calculation Period.
(ii) $5,000 if the Licensee has a
Unique Sound Recordings Count of
between 50,001 to 100,000 during the
prior Annual Calculation Period.
(iii) $10,000 if the Licensee has a
Unique Sound Recordings Count of
between 100,001 to 250,000 during the
prior Annual Calculation Period.
(iv) $20,000 if the Licensee has a
Unique Sound Recordings Count of
between 250,001 to 500,000 during the
prior Annual Calculation Period.
(v) $60,000 if the Licensee has a
Unique Sound Recordings Count of
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greater than 500,000 during the prior
Annual Calculation Period.
(b) Annual Calculation Period. The
calculation period for annual minimum
fees shall be the 12-month period that
ends on the September 30th
immediately preceding the start of the
assessment period (e.g., the annual
minimum fee calculation period for the
2021 Annual Assessment shall be
October 1, 2019 to September 30, 2020).
(c) Calculation by Licensee
certification (2021 and 2022)—(1) 2021.
Each Licensee in operation on or before
the license availability date shall submit
to the MLC,—no later than February 15,
2021, its Certified Minimum Fee
Disclosure for the 2021 annual
minimum fee (i.e., for the period from
October 1, 2019, to September 30, 2020).
Each Licensee shall submit the
appropriate annual minimum fee as
calculated under paragraph (a) of this
section for the 2021 Assessment
simultaneously with its Certified
Minimum Fee Disclosure.
(2) 2022. Each Licensee shall submit
to the MLC by November 1, 2021, a
Certified Minimum Fee Disclosure for
the 2022 Assessment and shall pay by
January 15, 2022, the appropriate
annual minimum fee.
(d) Calculation by the MLC (2023 and
subsequent years). Beginning with the
2023 Assessment and continuing in
subsequent years, the MLC will
calculate each Licensee’s annual
minimum fee based on usage reporting
received from Licensees pursuant to 17
U.S.C. 115(d)(4). The MLC shall send
invoices for the appropriate annual
minimum fee to each Licensee.
Licensees shall pay the annual
minimum fee invoices from the MLC by
the later of:
(1) 30 days from receipt of the invoice
from the MLC; or
(2) January 15th of the respective
Annual Assessment year.
(e) New licensees. (1) A New Licensee
shall remit the lowest annual fee set
forth in paragraph (a)(1) or (2) of this
section, as applicable, along with its
notice of license or notice of nonblanket
activity to be attributable to the calendar
year in which such Licensee begins
engaging in covered activities.
(2) A New Licensee shall initially be
deemed a Flat Fee Licensee. When the
MLC calculates the Quarterly Allocation
with the first calculation period
pursuant to § 390.4(b) during which the
New Licensee was engaged in covered
activities, whether such activities were
for all or part of the calculation period,
the MLC shall calculate the New
Licensee’s Unique Sound Recording
Count for that calculation period. In the
event that such New Licensee has not
provided timely reporting, the MLC may
instead, in its discretion, use the most
recent reporting from that New Licensee
for such calculation. If such New
Licensee is calculated to have a Unique
Sound Recordings Count that exceeds
the amount that would qualify it to be
a Flat Fee Licensee under paragraph
(a)(1) of this section, it shall be deemed
an Allocated Licensee for that Quarterly
Allocation and the remainder of the
calendar year and shall be invoiced and
pay the assessment as calculated in
§ 390.4 for the respective quarters, with
such New Licensee’s Unique Sound
Recordings Count to be included in the
Aggregate Sound Recording Count for
such quarters.
(3) A New Licensee shall be subject to
the provisions of paragraphs (a) through
(d) of this section, as applicable, to
determine the amount and timing of the
annual minimum fees owed for the
calendar year following the year when
the Licensee begins engaging in covered
activities, and for such purposes a New
Licensee shall be treated as having a
Unique Sound Recordings Count of zero
for the Annual Calculation Period if it
began engaging in covered activities
after the end of the Annual Calculation
Period. A New Licensee that has been
deemed an Allocated Licensee pursuant
to paragraph (e)(2) of this section shall
be subject to the provisions of
paragraphs (a) through (d) of this
section, as applicable, to determine its
status as a Flat Fee Licensee or
Allocated Licensee, for calendar years
following the calendar year in which it
is first deemed an Allocated Licensee.
4. Revise § 390.4 to read as follows:
§ 390.4 Annual Assessment allocation and
payment.
(a) Allocation formula. Each Annual
Assessment shall be divided into four
equal Quarterly Allocations, after first
subtracting annual fees payable by Flat
Fee Licensees. The MLC may adjust
Quarterly Allocations to compensate for
any adjustments to the Flat Fee Licensee
annual fees that occur after the initial
division of the Annual Assessment.
Each Quarterly Allocation shall be
allocated and paid on a calendar
quarterly basis. Each Quarterly
Allocation shall be divided into two
equal parts, allocated among Licensees
according to the following formula:
(1) Allocated Licensee Assessment
Pool. The Allocated Licensee
Assessment Pool shall be allocated on a
pro rata basis across all Allocated
Licensees based on each Licensee’s
share of the Aggregate Sound
Recordings Count.
(2) Threshold Licensee Assessment
Pool. The Threshold Licensee
Assessment Pool shall be allocated on a
pro rata basis across Threshold
Licensees based on each Threshold
Licensee’s share of the aggregate Unique
Sound Recordings Counts of all
Threshold Licensees. In the event that
no Threshold Licensees exist for a
Quarterly Allocation, the Threshold
Licensee Assessment Pool shall become
payable by all Allocated Licensees in
the same manner as the Allocated
Licensee Assessment Pool.
(b) Calculation periods and timing.
The calculation period for each
Quarterly Allocation shall be the three-
month period that ends three months
prior to the start of the respective
quarter, except that the calculation
period for the Quarterly Allocation for
the first and second quarters of 2021
shall be the same as for the annual
minimum fee for the 2021 Annual
Assessment and shall be calculated
based upon the information provided in
the Certified Minimum Fee Disclosures,
as required by this part. The MLC shall
make all calculations for each respective
period based upon the reporting for
such period received from Licensees as
of the time of calculation by the MLC,
which calculation time shall not be
earlier than the legal deadline for
submission of reporting by Licensees for
the respective period. In the event that
a Licensee has not provided timely
reporting for the respective calculation
period at the time the MLC calculates a
Quarterly Allocation, the MLC may
instead use, in its discretion, the most
recent reporting from that Licensee to
determine that Licensee’s Unique Sound
Recordings Count, for the purposes of
calculating the Quarterly Allocation.
(c) Invoicing and payment of
allocation—(1) Deadline for payment. (i)
Invoices from the MLC for Quarterly
Allocation shares shall be payable
pursuant to the MLC invoice no later
than 45 days after receipt of the invoice
from the MLC.
(ii) Invoices from the MLC to
Licensees shall be deemed received on
the business day after electronic
transmission.
(2) Format of invoices. (i) The
quarterly invoices issued by the MLC
shall include at least the following
information, where applicable:
(A) Invoice issuance date;
(B) Invoice payment due date;
(C) Amount owed, by share of
Allocated Licensee Assessment Pool
and Threshold Licensee Assessment
Pool;
(D) Allocation of Startup Assessment;
(E) Offset of minimum fee payment
against quarterly assessment; and
(F) Amount of credit for un-recouped
minimum fee.
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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations
(ii) Invoices issued as a result of an
allocation adjustment shall include all
of the information set forth in
paragraphs (c)(2)(i)(A) through (F) of
this section that may be relevant, as well
as an explanation of the change from the
prior invoices that are affected, and the
reason(s) for the adjustment.
(d) Late reporting. The MLC shall
promptly notify the DLC of any known
Licensees who have not timely
submitted reports of usage as required
each month pursuant to 17 U.S.C.
115(d) and 37 CFR part 210.
(e) Recalculation of Allocated
Assessment invoices. The MLC may, in
its discretion, recalculate allocations
and adjust prior invoices, with the
written consent of the DLC, within
twelve months after the initial issuance
of such invoices, in circumstances
including, but not limited to, where new
usage reporting is received or where a
correction would alter one or more of
any Licensee’s Quarterly Allocation
shares by at least 10%.
(f) Recoupment of minimum-fee. Each
Allocated Licensee’s minimum fee will
be offset against its Quarterly Allocation
shares, if any, and additional payment
will not be due from a Licensee unless
and until its total Quarterly Allocation
shares exceed its annual minimum fee
payment. To the extent that an
Allocated Licensee’s minimum fee
exceeds that Licensee’s Quarterly
Allocation shares for a given
Assessment period, the excess amounts
will be pooled and credited pro rata to
all Allocated Licensees based on the
Quarterly Allocation shares for the first
quarter of the following year.
(g) Reports to DLC. The MLC shall
report to the DLC no later than 75 days
after the end of every quarter the
Aggregate Sound Recordings Count for
that quarter.
(h) Startup Assessment allocation and
payment. The Startup Assessment shall
be allocated and paid in the same
manner and on the same dates as the
2021 Annual Assessment, including as
to each of the applicable provisions
above, and shall be separately itemized
in invoices from the MLC to Licensees.
Pursuant to § 390.3, a single annual
minimum fee shall be assessed for the
2021 Annual Assessment, and no
additional annual minimum fee shall be
assessed for the Startup Assessment.
Dated: December 29, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2020–29194 Filed 1–21–21; 8:45 am]
BILLING CODE 1410–72–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 200227–0066; RTID 0648–
XA770]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pacific Cod by Pot
Catcher/Processors in the Bering Sea
and Aleutian Islands Management Area
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Temporary rule; closure.
SUMMARY
: NMFS is prohibiting directed
fishing for Pacific cod by catcher/
processors using pot gear in the Bering
Sea and Aleutian Islands management
area (BSAI). This action is necessary to
prevent exceeding the A season
apportionment of the 2021 Pacific cod
total allowable catch (TAC) allocated to
catcher/processors using pot gear in the
BSAI.
DATES
: Effective 1200 hours, Alaska
local time (A.l.t.), January 16, 2021,
through 1200 hours, A.l.t., September 1,
2021.
FOR FURTHER INFORMATION CONTACT
:
Krista Milani, 907–581–2062.
SUPPLEMENTARY INFORMATION
: NMFS
manages the groundfish fishery in the
BSAI exclusive economic zone
according to the Fishery Management
Plan for Groundfish of the Bering Sea
and Aleutian Islands Management Area
(FMP) prepared by the North Pacific
Fishery Management Council under
authority of the Magnuson-Stevens
Fishery Conservation and Management
Act. Regulations governing fishing by
U.S. vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
The A season apportionment of the
2021 Pacific cod TAC allocated to
catcher/processors using pot gear in the
BSAI is 850 metric tons (mt) as
established by the final 2020 and 2021
harvest specifications for groundfish in
the BSAI (85 FR 13553, March 9, 2020)
and inseason adjustment (85 FR 83473,
December 22, 2020).
In accordance with § 679.20(d)(1)(iii),
the Administrator, Alaska Region,
NMFS (Regional Administrator), has
determined that the A season
apportionment of the 2021 Pacific cod
TAC allocated as a directed fishing
allowance to catcher/processors using
pot gear in the BSAI will soon be
reached. Consequently, NMFS is
prohibiting directed fishing for Pacific
cod by pot catcher/processors in the
BSAI.
While this closure is effective the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion
and would delay the closure of Pacific
cod by catcher processors using pot gear
in the BSAI. NMFS was unable to
publish a notice providing time for
public comment because the most
recent, relevant data only became
available as of January 14, 2021.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 15, 2021.
Kelly Denit,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2021–01354 Filed 1–15–21; 4:15 pm]
BILLING CODE 3510–22–P
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