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]
=======================================================================
-----------------------------------------------------------------------
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