Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 66625 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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: 33 U.S.C. 1231; 50 U.S.C. 191; 

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.T08–1093 to read as 

follows: 

§ 165.T08–1093 Safety Zone; Ohio River, 

Miles 73 to 74, Wellsburg, WV. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Ohio River, extending the entire width 

of the river, from mile marker (MM) 73 

to MM 74. 

(b) Effective period. This section is 

effective from 11:30 p.m. on December 

31, 2018 through 12:45 a.m. on January 

1, 2019. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

into this zone is prohibited unless 

authorized by the Captain of the Port 

Marine Safety Unit Pittsburgh (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 Marine Safety Unit Pittsburgh. 

(2) Persons and vessels seeking entry 

into this safety zone must request 

permission from the COTP or a 

designated representative. They may be 

contacted on VHF–FM Channel 16 or by 

telephone at (412) 221–0807. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful instructions of the COTP 

or a designated representative. 

(d) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the 

enforcement period for the safety zone 

as well as any changes in the schedule 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Broadcasts (MSIBs) as 

appropriate. 

Dated: December 20, 2018. 

A.W. Demo, 

Commander, U.S. Coast Guard, Captain of 

the Port Marine Safety Unit Pittsburgh. 

[FR Doc. 2018–28132 Filed 12–26–18; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2018–0168] 

RIN 1625–AA00 

Safety Zone; Ohio River, Louisville, KY 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing an emergency temporary 

safety zone for all navigable waters of 

the Ohio River extending from mile 

marker (MM) 530.6 to MM 533.0. This 

emergency safety zone is needed to 

protect life, vessels, and the marine 

environment due to the increase in river 

level, extreme currents and excessive 

drift causing vessels to allide with 

Markland Lock and Dam. Entry of 

vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or a 

designated representative. 

DATES: This rule is effective without 

actual notice from December 27, 2018 

through January 20, 2019. For the 

purposes of enforcement, actual notice 

will be used from December 20, 2018 

until December 27, 2018. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to http://

www.regulations.gov, type USCG–2018– 

0168 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 Petty Officer Riley Jackson, Sector 

Ohio Valley, U.S. Coast Guard; 

telephone 502–779–5347, email 

SECOHV-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Sector Ohio 

Valley 

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 and contrary to the public 

interest. In the past 36 hours, increase 

in the river level, extreme currents and 

excessive drift were noted as causal 

factors for two allisions with the long 

wall to the Markland Lock approach. 

The safety zone must be established 

immediately to protect people and 

vessels transiting the Ohio River, and 

we 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 public 

interest because immediate action is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards due to the increase in 

the river level, and extreme currents and 

drift conditions. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 33 U.S.C. 1231. The 

Captain of the Port Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with the river 

current at Markland Lock and Dam will 

be a safety concern for anyone on within 

the 3.6-mile span of the Ohio River. 

This rule is necessary to protect 

persons, vessels, and the marine 

environment in the navigable waters 

within the safety zone. 


khammond on DSK30JT082PROD with RULES
66626 Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 

IV. Discussion of the Rule 

The Coast Guard is establishing a 

temporary emergency safety zone for all 

navigable waters on the Ohio River from 

Mile Marker (MM) 530.6 and MM 533.0, 

extending the entire width of the Ohio 

River. Transit into and through this area 

is prohibited for all traffic beginning 

December 20, 2018 and will continue 

through January 20, 2019 or until the 

hazard has been decreased, whichever 

occurs first. The COTP or a designated 

representative will terminate the 

enforcement of this safety zone before 

January 20, 2019 if the river conditions 

decrease. Entry into this safety zone is 

prohibited unless specifically 

authorized by the COTP or his 

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 

Ohio Valley. 

Requests for entry will be considered 

and reviewed on a case-by-case basis. 

The COTP may be contacted by 

telephone at 502–779–5422 or can be 

reached by VHF–FM channel 16. 

Persons and vessels permitted to enter 

this safety zone must transit at their 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

the designated representative. 

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, duration, 

and time-of-year of the safety zone. This 

safety zone will restrict vessel traffic 

from entering or transiting within a 3.6 

mile area of navigable waterways on the 

Ohio River between MMs 530.6 and 

533.0. Moreover, the Coast Guard will 

issue 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 safety 

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 contact 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. If you 

believe this rule has implications for 

federalism or Indian tribes, please 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

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 

Management Directive 023–01, which 

guides the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA)(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 is categorically 

excluded from further review under 

paragraph L60(d) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 01. Because this safety 

zone is established in response to an 

emergency situation a Record of 

Environmental Consideration (REC) is 

not required, but if necessary, will be 


khammond on DSK30JT082PROD with RULES
Federal Register / Vol. 83, No. 247 / Thursday, December 27, 2018 / Rules and Regulations 66627 

made available as indicated under 

ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact 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: 33 U.S.C. 1231; 50 U.S.C. 191; 

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.T08–0168 to read as 

follows: 

§ 165.T08–0168 Safety Zone; Ohio River, 

Louisville, KY. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Ohio River from Mile Marker (MM) 

530.6 to MM 533.0, extending the entire 

width of the river. 

(b) Enforcement period. This section 

is effective without actual notice from 

December 27, 2018 through January 20, 

2019, or until the hazard has decreased, 

whichever occurs first. For the purposes 

of enforcement, actual notice will be 

used from December 20, 2018 until 

December 27, 2018. 

(c) Regulations. (1) In accordance with 

the general regulations in § 165.23, entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or 

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 

Ohio Valley. 

(2) Vessels requiring entry into this 

safety zone must request permission 

from the COTP or a designated 

representative. To seek entry into the 

safety zone, contact the COTP or the 

COTP’s representative by telephone at 

502–779–5422 or on VHF–FM 

channel16. 

(3) Persons and vessels permitted to 

enter this safety zone must transit at 

their slowest safe speed and comply 

with all lawful directions issued by the 

COTP or the designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public through Broadcast 

Notices to Mariners of any changes in 

the planned schedule. 

Dated: December 20, 2018. 

M.B. Zamperini, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2018–28131 Filed 12–26–18; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Parts 201, 202, 211, and 212 

[Docket No. 2018–1] 

Streamlining the Single Application 

and Clarifying Eligibility Requirements 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: The U.S. Copyright Office is 

amending its regulations to update the 

eligibility requirements for its 

application forms to reflect recent 

technical updates. The final rule 

clarifies that the Single Application may 

be used to register one work that is 

created and solely owned by one author 

and is not a work made for hire. It also 

confirms that this application may be 

used to register one sound recording 

and one musical work, literary work, or 

dramatic work, notwithstanding the fact 

that a sound recording and the work 

embodied in that recording are separate 

works. The final rule further clarifies 

the eligibility requirements for the 

Standard Application, which may be 

used to register certain works that are 

not eligible for the Single Application. 

It updates the eligibility requirements 

for the paper applications of both the 

Single Application and Standard 

Application by clarifying that these 

forms may be certified with a typed, 

printed, or handwritten signature, and 

by eliminating the ‘‘short form’’ version 

of these forms. The rule also makes 

several technical amendments to the 

regulations governing preregistration, 

mask works, vessel designs, the unit of 

publication registration option, and the 

group registration option for database 

updates. 

DATES: Effective January 28, 2019. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Kasunic, Associate Register of 

Copyrights and Director of Registration 

Policy and Practice; Erik Bertin, Deputy 

Director of Registration Policy and 

Practice; or Anna Bonny Chauvet, 

Assistant General Counsel, by telephone 

at 202–707–8040 or by email at rkas@

copyright.gov, ebertin@copyright.gov, or 

achau@copyright.gov. 

SUPPLEMENTARY INFORMATION: Section 

408(a) of the Copyright Act provides 

that a copyright owner or the owner of 

any of the exclusive rights in a work 

may seek a registration by delivering an 

application, filing fee, and an 

appropriate deposit to the U.S. 

Copyright Office (the ‘‘Office’’). 17 

U.S.C. 408(a). The statute gives the 

Register of Copyrights the authority to 

issue regulations concerning the specific 

nature of the deposit that should be 

submitted, the amount of the fee, and 

the information that should be included 

in the application. 17 U.S.C. 408(c)(1), 

409(10), 702, 708(b). 

On February 6, 2018, the Office issued 

a notice of proposed rulemaking (the 

‘‘NPRM’’) proposing to update the 

regulations governing its application 

forms to coincide with technical 

upgrades to its current electronic 

registration system. 83 FR 5227 (Feb. 6, 

2018). The NPRM proposed changes to 

the regulations governing the Single 

Application to reflect changes in the 

Office’s electronic registration system 

and made a number of technical 

amendments. With respect to the Single 

Application, the proposed rule clarified 

that the Single Application may be used 

if (i) the claim is limited to one work, 

(ii) the work was created by one 

individual, (iii) all of the content 

appearing in the work was created by 

that individual, (iv) the author is sole 

owner of all rights in the work, and (v) 

the work is not a work made for hire. 

See 83 FR at 5228, 5229. 

One exception is made for sound 

recordings that embody separate 

musical, literary, or dramatic works. 

The NPRM explained current Copyright 

Office practice that the Single 

Application may be used to register one 

sound recording and one musical work, 

literary work, or dramatic work together 

if certain requirements have been met, 

notwithstanding the fact that a sound 

recording and the work embodied in 

that recording are separate works. In 

particular, (i) the author of the sound 

recording and the work embodied in 

that recording must be the same 

individual, (ii) the author must own the 

copyright in both works, and (iii) the 

author must be the only performer 


khammond on DSK30JT082PROD with RULES