sign in sign up
<<
Home , November 30

60360 Federal Register / Vol. 83, No. 227 / Monday, 26, 2018 / Rules and Regulations

[FR Doc. 2018–25678 Filed 11–23–18; 8:45 am] COTP Captain of the Port IV. Discussion of the Rule BILLING CODE 6717–01–P DHS Department of Homeland Security FR Federal Register This rule establishes a temporary NPRM Notice of proposed rulemaking safety zone on , 2018 through November 30, 2018, within 250 DEPARTMENT OF HOMELAND § Section yards of vessels and machinery being SECURITY U.S.C. Code used by personnel to conduct diving II. Background Information and Coast Guard and equipment recovery operations, at Regulatory History approximately 39°49.3002′ N Latitude, ¥ ° ′ 33 CFR Part 165 The Coast Guard is issuing this 75 22.8966 W Longitude, in the temporary rule without prior notice and Marcus Hook Range of the Delaware [Docket Number USCG–2018–0913] opportunity to comment pursuant to River. During diving and equipment recovery operations, persons or vessels RIN 1625–AA00 authority under section 4(a) of the Administrative Procedure Act (APA) (5 will not be permitted to enter the safety zone without obtaining permission from Safety Zone; Delaware River, Dredging U.S.C. 553(b)). This provision the COTP or the COTP’s designated Operation Equipment Recovery, authorizes an agency to issue a rule representative. Vessels wishing to Marcus Hook Range, Chester, PA without prior notice and opportunity to transit the safety zone in the clear side comment when the agency for good AGENCY: Coast Guard, DHS. of the main navigational channel cause finds that those procedures are ACTION: do so if they can make satisfactory Temporary final rule. ‘‘impracticable, unnecessary, or contrary passing arrangements with dredge NEW to the public interest.’’ Under 5 U.S.C. SUMMARY: The Coast Guard is YORK or tug INDIAN DAWN in 553(b)(B), the Coast Guard finds that establishing a temporary safety zone for accordance with the Navigational Rules good cause exists for not publishing a navigable waters within a 250-yard in 33 CFR subchapter E via VHF–FM 88 notice of proposed rulemaking (NPRM) radius of Great Lakes Dredge & Dock at least 1 hour prior to arrival and at 30 with respect to this rule because it is Company vessels and machinery minutes prior to arrival to arrange safe conducting emergency diving and impracticable and contrary to the public passage. If vessels are unable to make equipment removal operations in the interest to do so. The rule must be satisfactory passing arrangements with Delaware River within Marcus Hook established by , 2018, to the dredge NEW YORK or tug INDIAN Range near Chester, Pennsylvania. The serve its purpose of providing safety DAWN, they may request permission safety zone is needed to protect during the recovery of a broken hydro- from the COTP, or his designated personnel, vessels, and the marine hammer associated with dredging representative, to enter and transit the environment from potential hazards operations. The Coast Guard was safety zone on VHF–FM channel 16. All created by broken equipment removal notified of the recovery operation vessels must operate at the minimum operations. Entry of vessels or persons schedule on November 18, 2018, and a safe speed necessary to maintain into this zone is prohibited unless safety zone must be established by steerage and reduce wake while specifically authorized by the Captain of November 18, 2018 to address the transiting the safety zone. The Coast the Port Delaware Bay or a designated hazards associated with diving and Guard will issue a Broadcast Notice to representative. equipment removal operations. Mariners via VHF–FM marine channel DATES: This rule is effective without Under 5 U.S.C. 553(d)(3), the Coast 16 and Marine Safety Information actual notice from November 19, 2018 Guard finds that good cause exists for Bulletin further defining specific work through , 2018. For the making this rule effective less than 30 locations and traffic patterns. purposes of enforcement, actual notice days after publication in the Federal V. Regulatory Analyses will be used from November 26, 2018 Register. Delaying the effective date of through November 30, 2018. This rule this rule would be impracticable and We developed this rule after may be withdrawn if the project is contrary to the public interest because considering numerous statutes and completed before the stated end date. immediate action is needed to mitigate Executive orders related to rulemaking. This rule will be enforced continuously the potential safety hazards associated Below we summarize our analyses each day the rule is in effect. with diving and equipment removal based on a number of these statutes and ADDRESSES: To view documents operations. Executive orders, and we discuss First mentioned in this preamble as being III. Legal Authority and Need for Rule Amendment rights of protestors. available in the docket, go to http:// A. Regulatory Planning and Review www.regulations.gov, type USCG–2018– The Coast Guard is issuing this rule 0913 in the ‘‘SEARCH’’ box and click under authority in 33 U.S.C. 1231. The Executive Orders 12866 and 13563 ‘‘SEARCH.’’ Click on Open Docket Captain of the Port Delaware Bay direct agencies to assess the costs and Folder on the line associated with this (COTP) has determined that potential benefits of available regulatory rule. hazards associated with emergency alternatives and, if regulation is FOR FURTHER INFORMATION CONTACT: If diving and equipment recovery necessary, to select regulatory you have questions on this rule, call or operations beginning November 19, approaches that maximize net benefits. email Petty Officer Thomas Welker, U.S. 2018, will be a safety concern for Executive Order 13771 directs agencies Coast Guard, Sector Delaware Bay, anyone within a 250-yard radius of to control regulatory costs through a Waterways Management Division; diving and equipment recovery vessels budgeting process. This rule has not telephone (215) 271–4814, email and machinery. This rule is needed to been designated a ‘‘significant [email protected]. protect personnel, vessels, and the regulatory action,’’ under Executive SUPPLEMENTARY INFORMATION: marine environment in the navigable Order 12866. Accordingly, this rule has waters within the safety zone while the not been reviewed by the Office of I. Table of Abbreviations operations to recover the broken hydro- Management and Budget (OMB), and CFR Code of Federal Regulations hammer are being conducted. pursuant to OMB guidance it is exempt

VerDate Sep<11>2014 16:13 Nov 23, 2018 Jkt 247001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\26NOR1.SGM 26NOR1 Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations 60361

from the requirements of Executive employees of the Coast Guard, call 1– category of actions that do not Order 13771. 888–REG–FAIR (1–888–734–3247). The individually or cumulatively have a This regulatory action determination Coast Guard will not retaliate against significant effect on the is based on the size, location, duration, small entities that question or complain environment. This rule involves an and time-of-day of the safety zone. about this rule or any policy or action emergency safety zone that will prohibit Vessel traffic will be able to safely of the Coast Guard. persons and vessels from entering a transit around this safety zone, which limited area on the navigable water in C. Collection of Information will impact a small designated area of the Delaware Bay, during an emergency the Delaware River. Although persons This rule will not call for a new diving and equipment recovery and vessels may not enter the safety collection of information under the operation. It is categorically excluded zone without authorization from the Paperwork Reduction Act of 1995 (44 from further review under paragraph COTP or a designated representative of U.S.C. 3501–3520). L60(c) of Appendix A, Table 1 of DHS the COTP, they may operate in the D. Federalism and Indian Tribal Instruction Manual 023–01–001–01, surrounding area during the Governments Rev. 01. enforcement period. Moreover, the Coast Guard will issue a Broadcast A rule has implications for federalism G. Protest Activities Notice to Mariners via VHF–FM marine under Executive Order 13132, The Coast Guard respects the First channel 16 and Marine Safety Federalism, if it has a substantial direct Amendment rights of protesters. Information Bulletin about the zone, effect on the States, on the relationship Protesters are asked to contact the and the rule would allow vessels to seek between the national government and person listed in the FOR FURTHER permission to enter the zone. the States, or on the distribution of INFORMATION CONTACT section to power and responsibilities among the B. Impact on Small Entities coordinate protest activities so that your various levels of government. We have message can be received without The Regulatory Flexibility Act of analyzed this rule under that Order and jeopardizing the safety or security of 1980, 5 U.S.C. 601–612, as amended, have determined that it is consistent people, places or vessels. requires Federal agencies to consider with the fundamental federalism the potential impact of regulations on principles and preemption requirements List of Subjects in 33 CFR Part 165 small entities during rulemaking. The described in Executive Order 13132. Harbors, Marine safety, Navigation term ‘‘small entities’’ comprises small Also, this rule does not have tribal (water), Reporting and recordkeeping businesses, not-for-profit organizations implications under Executive Order requirements, Security measures, that are independently owned and 13175, Consultation and Coordination Waterways. operated and are not dominant in their with Indian Tribal Governments, fields, and governmental jurisdictions because it does not have a substantial For the reasons discussed in the with populations of less than 50,000. direct effect on one or more Indian preamble, the Coast Guard amends 33 The Coast Guard certifies under 5 U.S.C. tribes, on the relationship between the CFR part 165 as follows: 605(b) that this rule will not have a Federal Government and Indian tribes, PART 165—REGULATED NAVIGATION significant economic impact on a or on the distribution of power and AREAS AND LIMITED ACCESS AREAS substantial number of small entities. responsibilities between the Federal While some owners or operators of Government and Indian tribes. If you ■ vessels intending to transit the safety 1. The authority citation for part 165 believe this rule has implications for continues to read as follows: zone may be small entities, for the federalism or Indian tribes, please reasons stated in section V.A above, this contact the person listed in the FOR Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; rule will not have a significant FURTHER INFORMATION CONTACT section Department of Homeland Security Delegation economic impact on any vessel owner above. or operator. No. 0170.1. Under section 213(a) of the Small E. Unfunded Mandates Reform Act ■ 2. Add § 165.T05–0913 to read as Business Regulatory Enforcement The Unfunded Mandates Reform Act follows: Fairness Act of 1996 (Pub. L. 104–121), of 1995 (2 U.S.C. 1531–1538) requires we want to assist small entities in Federal agencies to assess the effects of § 165.T05–0913 Safety Zone; Delaware understanding this rule. If the rule River, Dredging Operation Equipment their discretionary regulatory actions. In Recovery, Mantua Creek Anchorage. would affect your small business, particular, the Act addresses actions organization, or governmental that may result in the expenditure by a (a) Location. The following area is a jurisdiction and you have questions State, local, or tribal government, in the safety zone: All navigable waters within concerning its provisions or options for aggregate, or by the private sector of 250 yards of vessels and machinery compliance, please contact the person $100,000,000 (adjusted for inflation) or associated with diving and pipeline listed in the FOR FURTHER INFORMATION more in any one year. Though this rule removal operating on the Delaware ° ′ CONTACT section. will not result in such an expenditure, River, at approximately 39 49.3002 N ° ′ Small businesses may send comments we do discuss the effects of this rule Latitude, 075 22.8966 W Longitude, in on the actions of Federal employees elsewhere in this preamble. the Marcus Hook Range near Chester, who enforce, or otherwise determine Pennsylvania. All coordinates are based compliance with, Federal regulations to F. Environment on Datum NAD 1983. the Small Business and Agriculture We have analyzed this rule under (b) Definitions. As used in this Regulatory Enforcement Ombudsman Department of Homeland Security section, designated representative and the Regional Small Business Directive 023–01 and Commandant means a Coast Guard Patrol Regulatory Fairness Boards. The Instruction M16475.1D, which guide the Commander, including a Coast Guard Ombudsman evaluates these actions Coast Guard in complying with the petty officer, warrant or commissioned annually and rates each agency’s National Environmental Policy Act of officer on board a Coast Guard vessel or responsiveness to small business. If you 1969 (42 U.S.C. 4321–4370f), and have on board a federal, state, or local law wish to comment on actions by determined that this action is one of a enforcement vessel assisting the Captain

VerDate Sep<11>2014 16:13 Nov 23, 2018 Jkt 247001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\26NOR1.SGM 26NOR1 60362 Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations

of the Port Delaware Bay (COTP) in the LIBRARY OF CONGRESS limitations set forth in section enforcement of the safety zone. 114(d)(1)(C)(iv). Copyright Royalty Board Chapter 8 of the Copyright Act (c) Regulations. (1) Entry into or requires the Judges to conduct transiting within the safety zone is 37 CFR Part 384 proceedings every five years to prohibited unless vessels obtain determine the royalty rates and terms permission from the Captain of the Port [Docket No. 17–CRB–0001–BER (2019– for ‘‘the activities described in section via VHF–FM channel 16, or make 2023)] 112(e)(1) relating to the limitation on satisfactory passing arrangements via exclusive rights specified by section VHF–FM channel 88, with the dredge Determination of Royalty Rates and 114(d)(1)(C)(iv).’’ 17 U.S.C. 801(b)(1), NEW YORK or tug INDIAN DAWN per Terms for Making Ephemeral Copies of 804(b)(2). Accordingly, the Judges this section and the Rules of the Road Sound Recordings for Transmission to published a notice commencing the (33 CFR chapter I, subchapter E). Business Establishments (Business current proceeding and requesting that Vessels requesting to transit shall Establishments III) interested parties submit petitions to contact the dredge NEW YORK or tug participate. 82 FR 143 (Jan. 3, 2017). AGENCY: Copyright Royalty Board, The Judges received Petitions to INDIAN DAWN on channel 88 at least Library of Congress. 1 hour prior to arrival and at 30 minutes Participate from Mood Media ACTION: prior to arrival. Final rule. Corporation, Music Choice, David Powell, David Rahn,1 Rockbot, Inc.,2 SUMMARY: The Copyright Royalty Judges (2) Vessels granted permission to Sirius XM Radio Inc., and (Judges) publish final regulations setting enter and transit the safety zone must do SoundExchange, Inc. The Judges rates and terms for the making of an so in accordance with any directions or initiated the three-month negotiation orders of the Captain of the Port, his ephemeral recording of a sound period and directed the participants to designated representative, dredge NEW recording by a business establishment submit written direct statements no later YORK, or tug INDIAN DAWN. No service for the period 1, 2019, than , 2018. person or vessel may enter or remain in through 31, 2023. On , 2018, the Judges received a safety zone without permission from DATES: Effective date: , 2019. a joint Motion to Adopt Settlement from the Captain of the Port, dredge NEW ADDRESSES: For access to the docket to Mr. Rahn, Mood Media Corp., Music YORK, or tug INDIAN DAWN. read submitted background documents Choice, Sirius XM Radio Inc., and (3) All vessels must operate at the go to eCRB, the Copyright Royalty SoundExchange, Inc., (Moving Parties) stating that they had reached a minimum safe speed necessary to Board’s electronic filing and case settlement obviating the need for maintain steerage and reduce wake. management system, at https:// app.crb.gov/ and search for docket written evidentiary statements or a (4) This section applies to all vessels number 17–CRB–0001–BER (2019– hearing.3 that intend to transit through the safety 2023). Section 801(b)(7)(A) of the Copyright zone except vessels that are engaged in Act authorizes the Judges to adopt FOR FURTHER INFORMATION CONTACT: the following operations: Enforcement royalty rates and terms negotiated by Anita Blaine, CRB Program Specialist, of laws, service of aids to navigation, ‘‘some or all of the participants in a by telephone at (202) 707–7658 or email and emergency response. proceeding at any time during the at [email protected]. proceeding’’ provided they are (d) Enforcement. The U.S. Coast SUPPLEMENTARY INFORMATION: In 1995, submitted to the Judges for approval. Guard may be assisted in the patrol and Congress enacted the Digital The Judges must provide ‘‘an enforcement of the safety zone by Performance Right in Sound Recordings opportunity to comment on the federal, state, and local agencies. Act, Public Law 104–39, which created agreement’’ to participants and non- (e) Enforcement periods. This section an exclusive right, subject to certain participants in the rate proceeding who will be enforced continuously from limitations, for copyright owners of ‘‘would be bound by the terms, rates, or November 19, 2018 through November sound recordings to perform publicly other determination set by any 30, 2018, or completion of the those sound recordings by means of equipment removal, whichever is certain digital audio transmissions. 1 In his Petition to Participate, Mr. Rahn sooner. Among the limitations on the identified himself as a shareholder in SBR Creative performance right was the creation of a Media, Inc. and its subsidiary Dated: November 19, 2018. CustomerChannels.net, LLC. statutory license for nonexempt, 2 Rockbot withdrew its Petition to Participate on S.E. Anderson, noninteractive digital subscription , 2018. Captain, U.S. Coast Guard Captain of the transmissions. 17 U.S.C. 114(d). 3 According to the Motion, David Powell, Port Delaware Bay. The scope of the section 114 statutory although having filed a Petition to Participate, did not otherwise participate in the proceeding. Motion [FR Doc. 2018–25668 Filed 11–23–18; 8:45 am] license was expanded in 1998 upon the at 2. The Moving Parties represent that counsel for BILLING CODE 9110–04–P passage of the Digital Millennium Mood Media attempted unsuccessfully to contact Copyright Act of 1998 (DMCA), Public Mr. Powell to discuss the filing of the Motion. Id. Law 105–34. The DMCA created, inter at 2–3. Mr. Powell also did not respond to the request for comments on the proposed regulations. alia, a statutory license for the making On May 14, 2018, shortly before the proposed of an ‘‘ephemeral recording’’ of a sound regulations were published, however, Mr. Powell recording by certain transmitting filed a ‘‘Verified Motion for Enlargement of Time, organizations. 17 U.S.C. 112(e). This and Agreed with Settlement Parties to Adopt Settlement Ex-Parte,’’ which the Judges accept as a license, among other things, allows notice that Mr. Powell does not object to the entities that transmit performances of settlement. The Judges make no finding with regard sound recordings to business to Mr. Powell’s eligibility to participate in this proceeding. To the extent Mr. Powell has an interest establishments to make an ephemeral in the business establishment services license, he recording of a sound recording for later will be bound by the royalty rates and terms the transmission, pursuant to the Judges adopt.

VerDate Sep<11>2014 16:13 Nov 23, 2018 Jkt 247001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 E:\FR\FM\26NOR1.SGM 26NOR1