6566 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations 

State party Cultural property Decision No. 

*******

Morocco ................. Archaeological material from Morocco ranging in date from approximately 1 million B.C. to A.D. 

1750, and ethnological material from Morocco ranging in date from approximately A.D. 1549 

to 1912.

CBP Dec. 21–02. 

* * * * * * * 

* * * * * 

Mark A. Morgan, the Chief Operating 

Officer and Senior Official Performing 

the Duties of the Commissioner, having 

reviewed and approved this document, 

is delegating the authority to 

electronically sign this notice document 

to Robert F. Altneu, who is the Director 

of the Regulations and Disclosure Law 

Division for CBP, for purposes of 

publication in the Federal Register. 

Robert F. Altneu, 

Director, Regulations & Disclosure Law 

Division, Regulations & Rulings, Office of 

Trade, U.S. Customs and Border Protection. 

Approved: January 15, 2021. 

Timothy E. Skud, 

Deputy Assistant Secretary of the Treasury. 

[FR Doc. 2021–01394 Filed 1–15–21; 4:15 pm] 

BILLING CODE 9111–14–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0020] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Mile Marker 368 and 370, Natchez, MS 

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 368 and 370. The safety zone is 

needed to protect persons, property, and 

the marine environment from the 

potential safety hazards associated with 

line pulling operations in the vicinity of 

the Natchez, 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 January 22, 2021 

until February 5, 2021. For the purposes 

of enforcement, actual notice will be 

used from January 14, 2021 until 

January 22, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0020 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 line pulling 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 the line 

pulling operations in the vicinity of 

Natchez, MS. 

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 

the line pulling operations at Mile 

Marker (MM) 369.0, scheduled to start 

on January 14, 2021, would be a safety 

concern for all persons and vessels on 

the Lower Mississippi River between 

MM 368.0 and MM 370.0 through 

February 5, 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 line pulling operations are 

being conducted. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from January 14, 2021 to 

February 5, 2021. The safety zone will 

cover all navigable waters of the LMR 

from MM 368.0 to MM 370.0. The 

duration of this safety zone is intended 

to ensure the safety of waterway users 

on these navigable waters during, the 

line pulling 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 901– 

521–4822. If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 


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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations 6567 

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), 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, and 

duration of the safety zone. Vessel 

traffic will be prohibited from entering 

this temporary safety zone, which will 

impact a one-mile stretch of Lower 

Mississippi River for approximately 23 

days. 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 (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 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 onemile 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. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

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. 

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; 


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6568 Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0020 to read as 

follows: 

§ 165.T08–0020 Safety Zone; Lower 

Mississippi river, Mile Marker 368 and 370, 

Natchez, MS. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River from Mile 

Marker (MM) 368 through MM 370. 

(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 901–521–4822. 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) Effective period. This section is 

effective without actual notice from 

January 22, 2021 until February 5, 2021. 

For the purposes of enforcement, actual 

notice will be used from January 14, 

2021 until January 22, 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: January 13, 2021. 

R.S. Rhodes, 

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

Port Sector Lower Mississippi River. 

[FR Doc. 2021–01329 Filed 1–21–21; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 390 

[Docket No. 19–CRB–0009 AA] 

Determination and Allocation of Initial 

Administrative Assessment To Fund 

Mechanical Licensing Collective 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule; amended 

determination. 

SUMMARY: The Copyright Royalty Judges 

are amending regulations to revise the 

allocation of the initial administrative 

assessment To fund the mechanical 

licensing collective. 

DATES: Effective: January 22, 2021. 

ADDRESSES: Docket: For access to the 

docket to read submitted documents, go 

to eCRB, the Copyright Royalty Board’s 

electronic filing and case management 

system at https://app.crb.gov/ and 

search for docket number 19–CRB–0009 

AA. 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, 

by telephone at (202) 707–7658 or by 

email at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: On July 8, 

2019, the Copyright Royalty Board 

initiated the Determination and 

Allocation of Initial Administrative 

Assessment to Fund Mechanical 

Licensing Collective proceeding by 

notice published in the Federal Register 

at 84 FR 32475, pursuant to the Orrin 

G. Hatch-Bob Goodlatte Music 

Modernization Act, Public Law 115– 

264, 132 Stat. 3676 (Oct. 11, 2018), 17 

U.S.C. 115(d)(7)(D)(vi) and 801(b)(8) 

(2018). The purpose of this proceeding 

was to determine the initial 

administrative assessment that digital 

music providers and any significant 

nonblanket licensees must pay to fund 

the collective total costs of the 

mechanical licensing collective. 

Pursuant to a settlement of that 

proceeding, the Copyright Royalty 

Judges (‘‘Judges’’) adopted a negotiated 

agreement that had been agreed to by 

the mechanical licensing collective 

(MLC) and the digital licensee 

coordinator (DLC) as to both the amount 

of the assessment and the method of 

allocation of that assessment among 

digital music providers and significant 

nonblanket licensees and published 

final regulations implementing that 

settlement. See 85 FR 832 (Jan. 8, 2020); 

see also 37 CFR 390. 

On December 18, 2020, the DLC and 

the MLC jointly filed a motion with the 

Judges to modify the terms of 

implementation of the initial 

administrative assessment, invoking the 

Judges’ authority under 17 U.S.C. 

115(d)(7)(D)(vi) which gives the Judges 

‘‘continuing authority to amend a 

determination of an administrative 

assessment . . . to modify the terms of 

implementation, for good cause.’’ In 

particular, the motion sought 

modification of the existing regulations 

to provide a revised method of 

allocation of the administrative 

assessment to provide flat fee rates for 

smaller licensees and services that 

exclusively operate download stores 

under pass-through licenses received 

from record labels. The motion also 

sought certain clarifications and 

technical changes in terms based upon 

the DLC and MLC’s improved 

understanding of operational needs 

gained since the initial administrative 

assessment was adopted. The proposed 

amendments do not affect the amount of 

the assessments. 

Based on the representations that the 

current allocation methodology could 

have ‘‘significant impacts on smaller 

Licensees’’, that the revised allocation 

methodology ‘‘is specifically calculated 

to address market participation by 

smaller Licensees and pass-through 

download stores in an equitable 

manner, and has support from a diverse 

cross-section of the Licensee industry’’, 

and that the MLC also supports the 

amendments and has determined that 

they are administrable, the Judges find 

good cause to amend the regulations 

pursuant to their authority under 17 

U.S.C. 115(d)(7)(D)(vi). 

List of Subjects in 37 CFR Part 390 

Copyright, Licensing and registration, 

Music, Phonorecords, Recordings, 

Royalties. 

Final Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

amend 37 CFR part 390 as follows: 

PART 390—AMOUNTS AND TERMS 

FOR ADMINISTRATIVE 

ASSESSMENTS TO FUND 

MECHANICAL LICENSING 

COLLECTIVE 

■ 1. The authority citation for part 390 

continues to read as follows: 

Authority: 17 U.S.C. 115, 801(b). 

■ 2. Revise § 390.1 to read as follows: 

§ 390.1 Definitions. 

Administrative assessment has the 

meaning set forth in 17 U.S.C. 115(e)(3). 

Aggregate Sound Recordings Count 

means the sum of the Unique Sound 

Recordings Counts of each and every 

Allocated Licensee, calculated over the 

respective Quarterly Allocation 

calculation period. 

Allocated Licensees mean licensees as 

set forth in § 390.3(a) who are allocated 

an additional share of assessments 

beyond the annual minimum fee. 

Allocated Licensee Assessment Pool 

means an amount equaling 50% of each 

Annual Assessment and Quarterly 

Allocation. 


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