Safety Zone; Lower Mississippi River, Waxhaw, MS; MM 593-597

CourtCoast Guard
Citation86 FR 46117
Publication Date18 Aug 2021
Record Number2021-17632
46117
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
PART 100—SAFETY OF LIFE ON
NAVIGABLE WATERS
1. The authority citation for part 100
continues to read as follows:
Authority: 46 U.S.C. 70041; 33 CFR 1.05–
1.
2. Add § 100.T07–0084 to read as
follows:
§ 100.T07–0084 Special Local Regulation;
Low Country Splash Open Water Swim,
Wando River, Cooper River, and Charleston
Harbor; Charleston, SC.
(a) Location. All waters within a
moving zone, beginning at Daniel Island
Pier in approximate position 32°5120
N, 079°5406W, south along the coast
of Daniel Island, across the Wando River
to Hobcaw Yacht Club, in approximate
position 32°4920N, 079°5349W,
south along the coast of Mt. Pleasant,
S.C., to Charleston Harbor Resort
Marina, in approximate position
32°4720N, 079°5439W.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Sector Charleston COTP in the
enforcement of the regulated areas.
(c) Regulations. (1) All persons and
vessels are prohibited from entering,
transiting through, anchoring in, or
remaining within the regulated area
unless authorized by the Sector
Charleston COTP or a designated
representative.
(2) Persons and vessels desiring to
enter, transit through, anchor in, or
remain within the regulated area may
contact the Sector Charleston COTP by
telephone at 843–740–7050, or a
designated representative via VHF radio
on channel 16, to request authorization.
If authorization to enter, transit through,
anchor in, or remain within the
regulated area is granted by the Sector
Charleston COTP or a designated
representative, all persons and vessels
receiving such authorization must
comply with the instructions of the
Sector Charleston COTP or a designated
representative.
(3) The Coast Guard will provide
notice of the regulated area by Local
Notice to Mariners, Broadcast Notice to
Mariners, and on-scene designated
representatives.
(d) Enforcement period. This section
will be enforced from 7 a.m. until 11
a.m., on September 18, 2021.
Dated: August 11, 2021.
J.D. Cole,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2021–17711 Filed 8–17–21; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2021–0644]
RIN 1625–AA00
Safety Zone; Lower Mississippi River,
Waxhaw, MS; MM 593–597
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 593 and 597. The safety zone is
needed to protect persons, property, and
the marine environment from the
potential safety hazards associated with
dredging operations in the vicinity of
Waxhaw, 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 August 18, 2021
through September 15, 2021. For the
purposes of enforcement, actual notice
will be used from August 13, 2021 until
August 18, 2021.
ADDRESSES
: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2021–
0644 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 dredging 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 dredging
operations in the vicinity of Waxhaw,
MS starting August 13, 2021.
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
dredging operations between Mile
Marker (MM) 593 and 597, scheduled to
start on August 13, 2021, would be a
safety concern for all persons and
vessels on the Lower Mississippi River
between MM 593 and MM 597 through
September 15, 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 dredging
operations are being conducted.
IV. Discussion of the Rule
This rule establishes a temporary
safety zone from August 13, 2021
through September 15, 2021. The safety
zone will cover all navigable waters of
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46118
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
the LMR from MM 593 to MM 597. The
duration of this safety zone is intended
to ensure the safety of waterway users
on these navigable waters during
dredging 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 314–
269–2332. If permission is granted, all
persons and vessels shall comply with
the instructions of the COTP or
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).
This regulatory action determination
is based on the size, location, and
duration of the safety zone. This safety
zone will temporarily restrict navigation
on the LMR from MM 593 through MM
597, from August 13, 2021 through
September 15, 2021. 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 (Public Law 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.
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.
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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations
1
Public Law 116–260, sec. 212, 134 Stat. 1182,
2176 (2020).
2
See, e.g., H.R. Rep. No. 116–252, at 18–20
(2019); S. Rep. No. 116–105, at 7–8 (2019). Note, the
CASE Act legislative history cited is for H.R. 2426
and S. 1273, the CASE Act of 2019, a bill nearly
identical to the CASE Act of 2020. See H.R. 2426,
116th Cong. (2019); S. 1273, 116th Cong. (2019). In
developing the CASE Act, Congress drew on model
legislation in the Office’s 2013 policy report,
Copyright Small Claims, https://www.copyright.gov/
docs/smallclaims/usco-smallcopyrightclaims.pdf
(‘‘Copyright Small Claims’’). Congress also
incorporated the Office’s report and supporting
materials into the statute’s legislative history. H.R.
Rep. No. 116–252, at 19; S. Rep. No. 116–105, at
2.
3
H.R. Rep. No. 116–252, at 17; S. Rep. No. 116–
105, at 2–3, 9.
4
17 U.S.C. 1504(c)(1)–(3). The CCB cannot issue
injunctive relief but can require that an infringing
party cease or mitigate its infringing activity in the
event such party agrees and the agreement is
reflected in the proceeding’s record. Id. at
1504(e)(2)(A)(i), (e)(2)(B). This provision also
applies to parties making knowing material
misrepresentations under section 512(f). Id. at
1504(e)(2)(A)(ii).
5
See id. at 1504(a); H.R. Rep. No. 116–252, at 17,
21; S. Rep. No. 116–105, at 3, 11.
6
H.R. Rep. No. 116–252, at 21–22, 33; S. Rep. No.
116–105, at 14.
7
See 86 FR 16156 (Mar. 26, 2021).
8
Public Law 116–260, sec. 212(d), 134 Stat. at
2199.
9
17 U.S.C. 411(a) (‘‘[N]o civil action for
infringement of the copyright in any United States
work shall be instituted until preregistration or
registration of the copyright claim has been made
in accordance with this title’’ or ‘‘the deposit,
application, and fee required for registration have
been delivered to the Copyright Office in proper
form and registration has been refused.’’); Fourth
Estate Pub. Benefit Corp. v. Wall-Street.com, LLC,
139 S. Ct. 881, 886 (2019) (holding that ‘‘registration
occurs, and a copyright claimant may commence an
infringement suit, when the Copyright Office
registers a copyright’’).
10
17 U.S.C. 412.
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;
Department of Homeland Security Delegation
No. 0170.1.
2. Add § 165.T08–0644 to read as
follows:
§ 165.T08–0644 Safety Zone; Lower
Mississippi River, Waxhaw, MS; MM 593–
597.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River from Mile
Marker (MM) 593 through MM 597.
(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 314–269–2332. 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) Enforcement period. This section
will be enforced from August 13, 2021,
through September 15, 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: August 13, 2021.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2021–17632 Filed 8–17–21; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 201, 203 and 221
[Docket No. 2021–2]
Copyright Alternative in Small-Claims
Enforcement (‘‘CASE’’) Act
Regulations: Expedited Registration
and FOIA
AGENCY
: U.S. Copyright Office, Library
of Congress.
ACTION
: Final rule.
SUMMARY
: The U.S. Copyright Office is
amending its regulations to establish a
new expedited registration option under
the Copyright Alternative in Small-
Claims Enforcement Act of 2020 and to
provide a technical update to the
Office’s Freedom of Information Act
regulations. To qualify for this
expedited registration option, the
work(s) being registered must be the
subject of a claim or counterclaim before
the Copyright Claims Board.
DATES
: Effective September 17, 2021.
FOR FURTHER INFORMATION CONTACT
:
Kevin R. Amer, Acting General Counsel
and Associate Register of Copyrights, by
email at kamer@copyright.gov; John R.
Riley, Assistant General Counsel, by
email at jril@copyright.gov, or Brad A.
Greenberg, Assistant General Counsel,
by email at brgr@copyright.gov. Each
can be contacted by telephone at (202)
707–8350.
SUPPLEMENTARY INFORMATION
:
I. Background
A. Statutory Framework
On December 27, 2020, the President
signed into law the Copyright
Alternative in Small-Claims
Enforcement (‘‘CASE’’) Act of 2020.
1
The CASE Act establishes the Copyright
Claims Board (‘‘CCB’’ or ‘‘Board’’), a
voluntary, alternative forum to federal
court for parties to seek resolution of
copyright disputes that have a low
economic value (‘‘small copyright
claims’’).
2
The creation of the CCB does
not displace or limit the ability to bring
small copyright claims in federal court,
but rather provides a more accessible
alternative forum.
3
The CCB has
authority to hear copyright infringement
claims, claims seeking a declaration of
noninfringement, and misrepresentation
claims under section 512(f) of title 17.
4
Participation before the CCB is
voluntary for all parties,
5
and all
determinations are non-precedential.
6
The Copyright Office is in the process
of standing up the CCB and intends to
promulgate several operational and
procedural rules.
7
Congress directed the
CCB to begin operations by December
27, 2021, though the Register may, for
good cause, extend that deadline by not
more than 180 days.
8
Consistent with the overall goal of
providing a cost-effective, streamlined
alternative to federal litigation, the
CASE Act includes provisions
addressing the Copyright Act’s
registration prerequisite to filing an
infringement action. In general, the
owner of the copyright in a United
States work may not initiate an
infringement suit until the Office has
issued or refused to issue a copyright
registration.
9
Additionally, the
Copyright Act provides that in most
instances, for a copyright owner to
qualify for an award of attorneys’ fees or
statutory damages, the infringed work
must have been registered on or before
the date the infringement commenced,
unless registration is made within three
months after the work’s first
publication.
10
In considering the
challenges facing those involved in
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