Safety Zone; Lower Mississippi River, Mile Marker 368 and 370, Natchez, MS

Published date22 January 2021
Citation86 FR 6566
Record Number2021-01329
SectionRules and Regulations
CourtCoast Guard
6566
Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations
State party Cultural property Decision No.
*******
Morocco ................. Archaeological material from Morocco ranging in date from approximately 1 million B.C. to A.D.
1750, and ethnological material from Morocco ranging in date from approximately A.D. 1549
to 1912.
CBP Dec. 21–02.
*******
* * * * *
Mark A. Morgan, the Chief Operating
Officer and Senior Official Performing
the Duties of the Commissioner, having
reviewed and approved this document,
is delegating the authority to
electronically sign this notice document
to Robert F. Altneu, who is the Director
of the Regulations and Disclosure Law
Division for CBP, for purposes of
publication in the Federal Register.
Robert F. Altneu,
Director, Regulations & Disclosure Law
Division, Regulations & Rulings, Office of
Trade, U.S. Customs and Border Protection.
Approved: January 15, 2021.
Timothy E. Skud,
Deputy Assistant Secretary of the Treasury.
[FR Doc. 2021–01394 Filed 1–15–21; 4:15 pm]
BILLING CODE 9111–14–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0020]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
Mile Marker 368 and 370, Natchez, MS
AGENCY
: Coast Guard, DHS.
ACTION
: Temporary final rule.
SUMMARY
: The Coast Guard is
establishing a temporary safety zone for
all navigable waters of the Lower
Mississippi River (LMR), between Mile
Marker 368 and 370. The safety zone is
needed to protect persons, property, and
the marine environment from the
potential safety hazards associated with
line pulling operations in the vicinity of
the Natchez, MS. Entry of persons or
vessels into this zone is prohibited
unless authorized by the Captain of the
Port Sector Lower Mississippi River or
a designated representative.
DATES
: This rule 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.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0020 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT
: If
you have questions on this rule, call or
email MSTC Lindsey Swindle, U.S.
Coast Guard; telephone 901–521–4813,
email Lindsey.M.Swindle@uscg.mil.
SUPPLEMENTARY INFORMATION
:
I. Table of Abbreviations
CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary 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 it is
impracticable. Immediate action is
needed to protect persons and property
from the potential safety hazards
associated with line pulling operations.
The NPRM process would delay the
establishment of the safety zone until
after the date of the event and
compromise public safety. We must
establish this temporary safety zone
immediately and lack sufficient time to
provide a reasonable comment period
and then consider those comments
before issuing the rule.
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. Delaying the effective date of
this rule would be contrary to the public
interest because immediate action is
needed to respond to the potential
safety hazards associated with the line
pulling operations in the vicinity of
Natchez, MS.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority in 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port (COTP) Sector Lower
Mississippi River (LMR) has determined
that potential hazards associated with
the line pulling operations at Mile
Marker (MM) 369.0, scheduled to start
on January 14, 2021, would be a safety
concern for all persons and vessels on
the Lower Mississippi River between
MM 368.0 and MM 370.0 through
February 5, 2021. This rule is needed to
protect persons, property, infrastructure,
and the marine environment in all
waters of the LMR within the safety
zone while line pulling operations are
being conducted.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from January 14, 2021 to
February 5, 2021. The safety zone will
cover all navigable waters of the LMR
from MM 368.0 to MM 370.0. The
duration of this safety zone is intended
to ensure the safety of waterway users
on these navigable waters during, the
line pulling operations.
Entry of persons or vessels into this
safety zone is prohibited unless
authorized by the COTP or a 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. Persons or
vessels seeking to enter the safety zones
must request permission from the COTP
or a designated representative on VHF–
FM channel 16 or by telephone at 901–
521–4822. If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
VerDate Sep<11>2014 17:17 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\22JAR1.SGM 22JAR1
jbell on DSKJLSW7X2PROD with RULES
6567
Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations
designated representative. 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 (BNMs),
Local Notices to Mariners (LNMs), and/
or Marine Safety Information Bulletins
(MSIBs), as appropriate.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
Executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the size, location, and
duration of the safety zone. Vessel
traffic will be prohibited from entering
this temporary safety zone, which will
impact a one-mile stretch of Lower
Mississippi River for approximately 23
days. Moreover, The Coast Guard will
issue a Broadcast Notice to Mariners via
VHF–FM marine channel 16 about the
safety zone, and the rule allows vessels
to seek permission to enter the zone.
B. Impact on Small Entities
The Regulatory Flexibility Act of
1980, 5 U.S.C. 601–612, as amended,
requires Federal agencies to consider
the potential impact of regulations on
small entities during rulemaking. 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.
While some owners or operators of
vessels intending to transit the
temporary safety zone may be small
entities, for the reasons stated in section
V.A above, this rule will not have a
significant economic impact on any
vessel owner or operator.
Under section 213(a) of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104–121),
we want to assist small entities in
understanding this rule. If the rule
would affect your small business,
organization, or governmental
jurisdiction and you have questions
concerning its provisions or options for
compliance, please call or email the
person listed in the
FOR FURTHER
INFORMATION CONTACT
section.
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.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, 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.
E. 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 (adjusted for inflation) 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.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a safety
zone that will prohibit entry on a one-
mile stretch of the Lower Mississippi
River. It is categorically excluded from
further review under paragraph L60 of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES
section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the
FOR FURTHER
INFORMATION CONTACT
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
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: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
VerDate Sep<11>2014 17:17 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\22JAR1.SGM 22JAR1
jbell on DSKJLSW7X2PROD with RULES
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.
VerDate Sep<11>2014 17:17 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\22JAR1.SGM 22JAR1
jbell on DSKJLSW7X2PROD with RULES

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT