2023 Quarterly Listings; Safety Zones, Security Zones, and Special Local Regulations, 60586-60587 [2023-19058]

Download as PDF 60586 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations and limit the DPRC’s ability to exercise independent judgment in the adjudication of applications for review. (8) Continue in effect and assert all exemptions claimed under 5 U.S.C. 552a(j) or (k) by an originating agency from which DOJ obtains records where the purposes underlying the original exemption remain valid and necessary to protect the contents of the record. Dated: August 23, 2023. Peter Winn, Chief Privacy and Civil Liberties Officer (Acting), United States Department of Justice. [FR Doc. 2023–19093 Filed 9–1–23; 8:45 am] BILLING CODE 4410–PJ–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Parts 100 and 165 [USCG–2023–0250] 2023 Quarterly Listings; Safety Zones, Security Zones, and Special Local Regulations Coast Guard, DHS. Notification of expired temporary rules issued. AGENCY: ACTION: This document provides notification of substantive rules issued by the Coast Guard that were made temporarily effective but expired before they could be published in the Federal Register. This document lists temporary safety zones, security zones, and special local regulations, all of limited duration and for which timely publication in the Federal Register was not possible. This document also announces notifications of enforcement for existing reoccurring regulations that we issued but were unable to be published before the enforcement period ended. SUMMARY: ddrumheller on DSK120RN23PROD with RULES1 Docket No. This document lists temporary Coast Guard rules and notifications of enforcement that became effective, primarily between January 2023 and March 2023, unless otherwise indicated, and were terminated before they could be published in the Federal Register. ADDRESSES: Temporary rules listed in this document may be viewed online, under their respective docket numbers, using the Federal eRulemaking Portal at https://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: For questions on this document contact Yeoman First Class Glenn Grayer, Office of Regulations and Administrative Law, telephone (202) 372–3862. SUPPLEMENTARY INFORMATION: Coast Guard District Commanders and Captains of the Port (COTP) must be immediately responsive to the safety and security needs within their jurisdiction; therefore, District Commanders and COTPs have been delegated the authority to issue certain local regulations. Safety zones may be established for safety or environmental purposes. A safety zone may be stationary and described by fixed limits or it may be described as a zone around a vessel in motion. Security zones limit access to prevent injury or damage to vessels, ports, or waterfront facilities. Special local regulations are issued to enhance the safety of participants and spectators at regattas and other marine events. Timely publication of these rules in the Federal Register may be precluded when a rule responds to an emergency, or when an event occurs without sufficient advance notice. The affected public is, however, often informed of these rules through Local Notices to Mariners, press releases, and other means. Moreover, actual notification is provided by Coast Guard patrol vessels enforcing the restrictions imposed by DATES: Type of regulation Location Port Detroit Zone ............................................. Corpus Christi, TX ........................................... Cincinnati, OH ................................................. U.S. EEZ offshore of Jacksonville, Daytona, and Cape Canaveral, FL. Corpus Christi, TX ........................................... Amelia Island, FL ............................................. Baltimore, MD .................................................. Pensacola, FL .................................................. Corpus Christi, TX ........................................... Corpus Christi, TX ........................................... Tampa, FL ....................................................... Bradenton, FL .................................................. South Padre Island, TX ................................... Charleston, SC ................................................ Miami Beach, FL ............................................. San Diego, CA ................................................. USCG–2022–0991 USCG–2022–1008 USCG–2022–1003 USCG–2023–0060 .................. .................. .................. .................. Safety Zones (Parts 147 and 165) .................. Safety Zones (Parts 147 and 165) .................. Security Zones (Part 165) ............................... Safety Zones (Parts 147 and 165) .................. USCG–2023–0066 USCG–2023–0069 USCG–2023–0103 USCG–2023–0088 USCG–2023–0107 USCG–2023–0090 USCG–2023–0140 USCG–2022–1006 USCG–2023–0071 USCG–2023–0190 USCG–2023–0016 USCG–2023–0208 .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. .................. Safety Zones (Parts 147 and 165) .................. Security Zones (Part 165) ............................... Security Zones (Part 165) ............................... Safety Zones (Parts 147 and 165) .................. Safety Zones (Parts 147 and 165) .................. Safety Zones (Parts 147 and 165) .................. Security Zones (Part 165) ............................... Special Local Regulations (Part 100) .............. Safety Zones (Parts 147 and 165) .................. Safety Zones (Parts 147 and 165) .................. Security Zones (Part 165) ............................... Security Zones (Part 165) ............................... VerDate Sep<11>2014 16:20 Sep 01, 2023 Jkt 259001 the rule. Timely publication of notifications of enforcement of reoccurring regulations may be precluded when the event occurs with short notice or other agency procedural restraints. Because Federal Register publication was not possible before the end of the effective period, mariners were personally notified of the contents of these safety zones, security zones, special local regulations, regulated navigation areas or drawbridge operation regulations by Coast Guard officials on-scene prior to any enforcement action. However, the Coast Guard, by law, must publish in the Federal Register notice of substantive rules adopted. To meet this obligation without imposing undue expense on the public, the Coast Guard periodically publishes a list of these temporary safety zones, security zones, special local regulations, regulated navigation areas and drawbridge operation regulations. Permanent rules are not included in this list because they are published in their entirety in the Federal Register. Temporary rules are also published in their entirety if sufficient time is available to do so before they are placed in effect or terminated. In some of our reoccurring regulations, we say we will publish a notice of enforcement as one of the means of notifying the public. We use this notification to announce those notifications of enforcement that we issued and will post them to their dockets. The following unpublished rules were placed in effect temporarily during the period between January 2023 and March 2023 unless otherwise indicated. To view copies of these rules, visit www.regulations.gov and search by the docket number indicated in the following table. PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\05SER1.SGM 05SER1 Enforcement date 12/31/2022 1/4/2023 1/4/2023 1/12/2023 1/13/2023 1/22/2023 1/30/2023 1/30/2023 1/30/2023 2/1/2023 2/9/2023 2/11/2023 2/11/2023 3/2/2023 3/8/2023 3/13/2023 Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations Docket No. Type of regulation Location USCG–2023–0221 .................. Safety Zones (Parts 147 and 165) .................. Miami, FL ......................................................... Michael Cunningham, Chief, Office of Regulations and Administrative Law, United States Coast Guard. [FR Doc. 2023–19058 Filed 9–1–23; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Office 37 CFR Part 210 [Docket No. 2023–2] Fees for Late Royalty Payments Under the Music Modernization Act U.S. Copyright Office, Library of Congress. ACTION: Interpretive rule; termination of notification of inquiry AGENCY: The U.S. Copyright Office adopts the following interpretive rule regarding fees for late royalty payments under the Music Modernization Act’s statutory mechanical blanket license and terminates its notification of inquiry on this subject that was published on February 23, 2023. DATES: Effective September 5, 2023. FOR FURTHER INFORMATION CONTACT: Rhea Efthimiadis, Assistant to the General Counsel, by email at meft@ copyright.gov or telephone at 202–707– 8350. SUPPLEMENTARY INFORMATION: SUMMARY: ddrumheller on DSK120RN23PROD with RULES1 I. Background On February 23, 2023, the Copyright Office (‘‘Office’’) published a notification of inquiry (‘‘NOI’’) in the Federal Register seeking public comments regarding when fees for late royalty payments should be assessed in connection with reporting by digital music providers (‘‘DMPs’’) under the Orrin G. Hatch-Bob Goodlatte Music Modernization Act’s (‘‘MMA’s’’) statutory mechanical blanket license (the ‘‘blanket license’’).1 The Office opened the February NOI based on interested parties’ requests for guidance on this matter. Having carefully considered the comments and thoroughly examined the statute and legislative history, the Office is terminating the inquiry without issuing any regulations on this subject. 1 88 FR 11398 (Feb. 23, 2023). VerDate Sep<11>2014 16:20 Sep 01, 2023 Jkt 259001 Rather, the Office is issuing an interpretive rule to provide the mechanical licensing collective (‘‘MLC’’), DMPs, and other parties with its conclusion that the statute’s due date provisions are unambiguous. Interpretive rules ‘‘advise the public of the agency’s construction of the statutes and rules which it administers.’’ 2 Under the Administrative Procedure Act, interpretive rules are not subject to notice and comment procedures and can be published with an immediate effective date.3 Consequently, the publication of this document concludes this proceeding.4 A. Statutory Background The MMA substantially modified the statutory ‘‘mechanical’’ license for reproducing and distributing phonorecords of nondramatic musical works under 17 U.S.C. 115, including by switching from a song-by-song licensing system to a blanket licensing regime that became available on January 1, 2021 (the ‘‘license availability date’’), administered by the MLC designated by the Office.5 The Office also designated a digital licensee coordinator (the ‘‘DLC’’) to represent DMPs in proceedings before the Copyright Royalty Judges (‘‘CRJs,’’ also sometimes referred to as the ‘‘Copyright Royalty Board’’ or ‘‘CRB’’). The DLC also serves as a non-voting member of the MLC and carries out other functions.6 Under the MMA, DMPs are able to obtain the blanket license to make digital phonorecord deliveries of nondramatic musical works, including in the form of permanent downloads, limited downloads, or interactive streams, subject to various requirements, including payment and reporting obligations.7 As relevant to this proceeding, the MMA states that with respect to DMPs’ payment and reporting obligations 2 Perez v. Mortgage Bankers Ass’n, 575 U.S. 92, 97 (2015) (quoting Shalala v. Guernsey Mem. Hosp., 514 U.S. 87, 99 (1995)). 3 See 5 U.S.C. 553(b)(A), (d)(2). 4 The Office may issue a notice of proposed rulemaking regarding outstanding issues relating to adjustments (e.g., regarding the timing of royalty payments, invoices, and response files) at a later date. See 88 FR 6630 (Feb. 1, 2023). 5 Public Law 115–264, 132 Stat. 3676 (2018). 6 84 FR 32274 (July 8, 2019). 7 17 U.S.C. 115(d). Alternatively, DMPs have the option to engage in these activities, in whole or in part, through voluntary licenses with copyright owners. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 60587 Enforcement date 3/17/2023 under the blanket license, ‘‘monthly reporting shall be due on the date that is 45 calendar days . . . after the end of the monthly reporting period.’’ 8 The MMA also states that ‘‘[l]ate fees for past due royalty payments shall accrue from the due date for payment until payment is received by the [MLC].’’ 9 Other reporting and payment deadlines, including regulations governing estimates and adjustments, are regulatory in nature. These provisions are further discussed below. 1. Statutory Division of Responsibility The Copyright Act, as amended by the MMA, assigns different responsibilities to the CRJs and Office with respect to the blanket license. Congress granted the CRJs the responsibility to set the blanket license’s royalty rates and terms.10 As part of this ratesetting authority, the CRJs’ determinations ‘‘may include terms with respect to late payment[s].’’ 11 These ‘‘late fees’’ are a consequence of late royalty payments. While the CRJs’ authority to set such late fees predated the MMA, the MMA added a provision stating that, with respect to the blanket license, ‘‘[l]ate fees for past due royalty payments shall accrue from the due date for payment until payment is received by the [MLC].’’ 12 The Office’s responsibilities under the MMA include overseeing the administration of the blanket license, including by promulgating various regulations specifically required by Congress, such as those governing reporting and payment requirements for DMPs.13 Relevant to this proceeding, Congress directed the Office to adopt regulations ‘‘regarding adjustments to reports of usage by digital music providers, including mechanisms to account for overpayment and underpayment of royalties in prior periods.’’ 14 Additionally, Congress granted the Office ‘‘broad regulatory authority’’ 15 to ‘‘conduct such 8 Id. at 115(d)(4)(A)(i). at 115(d)(8)(B)(i). 10 Id. at 115(c)(E)–(F), (d)(8)(B)–(D); id. at 801(b)(1). 11 Id. at 803(c)(7); see also id. at 115(d)(8)(B). 12 Id. at 115(d)(8)(B)(i). 13 Id. at 115(d)(4)(A)(ii)(III), (iii), (iv). 14 Id. at 115(d)(4)(A)(iv)(II). 15 H.R. Rep. No. 115–651, at 5–6 (2018); S. Rep. No. 115–339, at 5 (2018); Staff of S. and H. Comms. On the Judiciary, 115th Cong., Report and Section9 Id. E:\FR\FM\05SER1.SGM Continued 05SER1

Agencies

[Federal Register Volume 88, Number 170 (Tuesday, September 5, 2023)]
[Rules and Regulations]
[Pages 60586-60587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19058]


=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Parts 100 and 165

[USCG-2023-0250]


2023 Quarterly Listings; Safety Zones, Security Zones, and 
Special Local Regulations

AGENCY:  Coast Guard, DHS.

ACTION: Notification of expired temporary rules issued.

-----------------------------------------------------------------------

SUMMARY: This document provides notification of substantive rules 
issued by the Coast Guard that were made temporarily effective but 
expired before they could be published in the Federal Register. This 
document lists temporary safety zones, security zones, and special 
local regulations, all of limited duration and for which timely 
publication in the Federal Register was not possible. This document 
also announces notifications of enforcement for existing reoccurring 
regulations that we issued but were unable to be published before the 
enforcement period ended.

DATES: This document lists temporary Coast Guard rules and 
notifications of enforcement that became effective, primarily between 
January 2023 and March 2023, unless otherwise indicated, and were 
terminated before they could be published in the Federal Register.

ADDRESSES: Temporary rules listed in this document may be viewed 
online, under their respective docket numbers, using the Federal 
eRulemaking Portal at https://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For questions on this document contact 
Yeoman First Class Glenn Grayer, Office of Regulations and 
Administrative Law, telephone (202) 372-3862.

SUPPLEMENTARY INFORMATION: Coast Guard District Commanders and Captains 
of the Port (COTP) must be immediately responsive to the safety and 
security needs within their jurisdiction; therefore, District 
Commanders and COTPs have been delegated the authority to issue certain 
local regulations. Safety zones may be established for safety or 
environmental purposes. A safety zone may be stationary and described 
by fixed limits or it may be described as a zone around a vessel in 
motion. Security zones limit access to prevent injury or damage to 
vessels, ports, or waterfront facilities. Special local regulations are 
issued to enhance the safety of participants and spectators at regattas 
and other marine events.
    Timely publication of these rules in the Federal Register may be 
precluded when a rule responds to an emergency, or when an event occurs 
without sufficient advance notice. The affected public is, however, 
often informed of these rules through Local Notices to Mariners, press 
releases, and other means. Moreover, actual notification is provided by 
Coast Guard patrol vessels enforcing the restrictions imposed by the 
rule. Timely publication of notifications of enforcement of reoccurring 
regulations may be precluded when the event occurs with short notice or 
other agency procedural restraints.
    Because Federal Register publication was not possible before the 
end of the effective period, mariners were personally notified of the 
contents of these safety zones, security zones, special local 
regulations, regulated navigation areas or drawbridge operation 
regulations by Coast Guard officials on-scene prior to any enforcement 
action. However, the Coast Guard, by law, must publish in the Federal 
Register notice of substantive rules adopted. To meet this obligation 
without imposing undue expense on the public, the Coast Guard 
periodically publishes a list of these temporary safety zones, security 
zones, special local regulations, regulated navigation areas and 
drawbridge operation regulations. Permanent rules are not included in 
this list because they are published in their entirety in the Federal 
Register. Temporary rules are also published in their entirety if 
sufficient time is available to do so before they are placed in effect 
or terminated. In some of our reoccurring regulations, we say we will 
publish a notice of enforcement as one of the means of notifying the 
public. We use this notification to announce those notifications of 
enforcement that we issued and will post them to their dockets.
    The following unpublished rules were placed in effect temporarily 
during the period between January 2023 and March 2023 unless otherwise 
indicated. To view copies of these rules, visit www.regulations.gov and 
search by the docket number indicated in the following table.

----------------------------------------------------------------------------------------------------------------
                                                                                                    Enforcement
               Docket No.                     Type of regulation               Location                date
----------------------------------------------------------------------------------------------------------------
USCG-2022-0991..........................  Safety Zones (Parts 147     Port Detroit Zone.........      12/31/2022
                                           and 165).
USCG-2022-1008..........................  Safety Zones (Parts 147     Corpus Christi, TX........        1/4/2023
                                           and 165).
USCG-2022-1003..........................  Security Zones (Part 165).  Cincinnati, OH............        1/4/2023
USCG-2023-0060..........................  Safety Zones (Parts 147     U.S. EEZ offshore of             1/12/2023
                                           and 165).                   Jacksonville, Daytona,
                                                                       and Cape Canaveral, FL.
USCG-2023-0066..........................  Safety Zones (Parts 147     Corpus Christi, TX........       1/13/2023
                                           and 165).
USCG-2023-0069..........................  Security Zones (Part 165).  Amelia Island, FL.........       1/22/2023
USCG-2023-0103..........................  Security Zones (Part 165).  Baltimore, MD.............       1/30/2023
USCG-2023-0088..........................  Safety Zones (Parts 147     Pensacola, FL.............       1/30/2023
                                           and 165).
USCG-2023-0107..........................  Safety Zones (Parts 147     Corpus Christi, TX........       1/30/2023
                                           and 165).
USCG-2023-0090..........................  Safety Zones (Parts 147     Corpus Christi, TX........        2/1/2023
                                           and 165).
USCG-2023-0140..........................  Security Zones (Part 165).  Tampa, FL.................        2/9/2023
USCG-2022-1006..........................  Special Local Regulations   Bradenton, FL.............       2/11/2023
                                           (Part 100).
USCG-2023-0071..........................  Safety Zones (Parts 147     South Padre Island, TX....       2/11/2023
                                           and 165).
USCG-2023-0190..........................  Safety Zones (Parts 147     Charleston, SC............        3/2/2023
                                           and 165).
USCG-2023-0016..........................  Security Zones (Part 165).  Miami Beach, FL...........        3/8/2023
USCG-2023-0208..........................  Security Zones (Part 165).  San Diego, CA.............       3/13/2023

[[Page 60587]]

 
USCG-2023-0221..........................  Safety Zones (Parts 147     Miami, FL.................       3/17/2023
                                           and 165).
----------------------------------------------------------------------------------------------------------------


Michael Cunningham,
Chief, Office of Regulations and Administrative Law, United States 
Coast Guard.
[FR Doc. 2023-19058 Filed 9-1-23; 8:45 am]
BILLING CODE 9110-04-P
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