Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7651 

1See Coast Guard notice of proposed rulemaking, 

‘‘Safety Zone; Super Bowl LV; Hillsborough Bay 

and River, Tampa, FL’’ (86 FR 32) (this document 

is available at: https://beta.regulations.gov/ 

document/USCG-2020-0691-0001). 

feet and temporary shielding will 

reduce the vertical clearance of the 

entire bridge to approximately 19 feet 

above mean high water in the closed 

position. Vessels that can safely transit 

through the bridge in the closed 

position with the reduced clearances 

may do so, if at least 30 minutes notice 

is given, to allow for safe navigation. 

* * * * * 

Dated: January 13, 2021. 

L.M. Dickey, 

Rear Admiral, U.S. Coast Guard, Commander, 

Fifth Coast Guard District. 

[FR Doc. 2021–02058 Filed 1–29–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2020–0691] 

RIN 1625–AA00 

Safety Zone; Super Bowl LV; 

Hillsborough Bay and River, Tampa, FL 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

certain waters of Garrison Channel, 

Seddon Channel Turning Basin, and the 

Hillsborough River, in the vicinity of 

downtown Tampa, Florida during the 

Super Bowl LV celebrations. The safety 

zone is necessary to protect the public 

and Super Bowl LV event personnel 

from the hazards associated with 

potential vessel traffic within the area of 

the safety zone. All persons and vessels 

would be required to transit through the 

safety zone at a steady speed and may 

not slow down, stop or anchor except in 

the case of unforeseen mechanical 

failure or other emergency unless given 

prior authorization from the Captain of 

the Port. Any person or vessel forced to 

slow or stop in the established zone 

must immediately notify the Captain of 

the Port Tampa via VHF channel 16. 

DATES: This rule is effective daily from 

12:01 a.m. on January 29, 2021, through 

11:59 p.m. on February 7, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2020– 

0691 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 Marine Science Technician First 

Class Michael D. Shackleford, Sector St. 

Petersburg Prevention Department, 

Coast Guard; telephone (813) 228–2191, 

email Michael.D.Shackleford@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

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 bypassing the full 

notice and comment process because it 

is impracticable and contrary to the 

public interest to do so in this situation. 

On September 22, 2020, the Maritime 

Subcommittee for Super Bowl LV 

notified the Coast Guard that during the 

Super Bowl LV event celebrations there 

will be several planned super bowlrelated events throughout the waterfront 

areas of Tampa, FL. These events will 

occur at various times from January 29, 

2021 through February 7, 2021. These 

events could lead to large gatherings of 

persons and vessels in waterways 

around the Tampa area. The Captain of 

the Port St. Petersburg (COTP) has 

determined that the potential hazards 

associated with persons and vessel 

congestion within the safety zone 

during these events is a safety concern. 

A notice of proposed rulemaking was 

published to the Federal Register on 

January 4, 2021, however, there remains 

insufficient time to complete the full 

rulemaking process.1 It is necessary for 

the Coast Guard to establish this safety 

zone by January 29, 2021, in order to 

ensure the appropriate level of 

protection exists in order to mitigate the 

potential safety hazards associated with 

the Super Bowl LV event celebrations. 

Therefore, this temporary final rule is 

being published before the comment 

period ends on the notice of proposed 

rulemaking. 

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 for the same reasons stated in 

the preceding paragraph. 

III. Discussion of the Rule 

This rule establishes a safety zone 

from January 29, 2021, through February 

7, 2021. The safety zone would cover 

certain navigable waters of Garrison 

Channel, Seddon Channel Turning 

Basin, and the Hillsborough River, in 

the vicinity of downtown Tampa, 

Florida. The duration of the zone is 

intended to ensure the safety of persons, 

vessels, and navigable waters before, 

during, and after the scheduled events. 

All persons and vessels would be 

required to transit through the safety 

zone at a steady speed and may not slow 

down, stop or anchor except in the case 

of unforeseen mechanical failure or 

other emergency unless given prior 

authorization from the COTP. Any 

person or vessel forced to slow or stop 

in the established zone must 

immediately notify the Captain of the 

Port Tampa via VHF channel 16. 

IV. 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, scope and 

duration of the safety zone. The rule 

will impact only a small designated area 

of Garrison Channel, Seddon Channel 

Turning Basin, and the Hillsborough 

7652 Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 

River in the vicinity of downtown 

Tampa, Florida, and vessel traffic will 

be able to safely operate in the area with 

minimal restrictions, hence the safety 

zone is limited in size and location. 

Vessels will be able to transit through 

the safety zone at a steady speed, 

making it limited in scope. The safety 

zone will be in effect for ten days, 

making it limited in duration. The Coast 

Guard will issue a Broadcast Notice to 

Mariners via VHF–FM Channel 16 about 

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 safety 

zone may be small entities, for the 

reasons stated in section IV.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 lasting approximately 4 days that 

will prohibit entry to all navigable 

waters of Tampa Bay, Florida east of a 

line formed by connecting the points of 

27°48′9′′ N, 082°24′56′′ W and 27°48′0′′ 

N, 082°24′56′′ W. It is categorically 

excluded from further review under 

paragraph L60(a) 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; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T07–0691 to read as 

follows: 

§ 165.T07–0691 Safety Zone; Super Bowl 

LV, Hillsborough Bay and River, Tampa, FL. 

(a) Location. The following regulated 

area is a safety zone: All waters in the 

vicinity of downtown, Tampa, Florida, 

in the Hillsborough River downstream 

of the North Boulevard Bridge; the 

turning basin at the mouth of 

Hillsborough River north of Seddon 

Channel, west of the South Harbour 

Island Boulevard Bridge, and northeast 

of the northwest-bound span of the 

Davis Islands Bridge; and Garrison 

Channel west of the Beneficial Drive 

Bridge. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port St. Petersburg in the 

enforcement of the regulated area. 

(c) Regulations. (1) All persons and 

vessels are required to transit through 

the safety zone at a steady speed and 

Federal Register / Vol. 86, No. 19 / Monday, February 1, 2021 / Rules and Regulations 7653 

may not slow down, stop, or anchor 

except in the case of unforeseen 

mechanical failure or other emergency, 

to avoid collision, or to otherwise 

comply with the Inland Navigation 

Rules (33 CFR part 83), unless given 

prior authorization from the Captain of 

the Port. Any person or vessel forced to 

slow or stop in the established zone 

must immediately notify the Captain of 

the Port Tampa via VHF channel 16. 

(2) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced daily from January 29, 

2021, through February 7, 2021. 

Dated: January 15, 2021. 

Matthew A. Thompson, 

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

Port St. Petersburg. 

[FR Doc. 2021–02107 Filed 1–28–21; 11:15 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 210 

[Docket No. 2020–12] 

Music Modernization Act Transition 

Period Transfer and Reporting of 

Royalties to the Mechanical Licensing 

Collective; Correction 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule; correction. 

SUMMARY: The U.S. Copyright Office is 

correcting a final rule that appeared in 

the Federal Register on January 11, 

2021. The rule addressed digital music 

providers’ obligations to transfer and 

report accrued royalties for the use of 

unmatched musical works (or shares 

thereof) to the mechanical licensing 

collective for purposes of eligibility for 

the Music Modernization Act’s 

limitation on liability for prior 

unlicensed uses. 

DATES: Effective February 10, 2021. 

FOR FURTHER INFORMATION CONTACT: John 

R. Riley, Assistant General Counsel, by 

email at jril@copyright.gov, or Jason E. 

Sloan, Assistant General Counsel, by 

email at jslo@copyright.gov. Each can be 

contacted by telephone by calling (202) 

707–8350. 

SUPPLEMENTARY INFORMATION: In FR Doc. 

2020–29190 appearing on page 2176 in 

the Federal Register of Monday, January 

11, 2021, the following correction is 

made: 

§ 210.10 [Corrected] 

■ 1. On page 2203, in the third column, 

in part 210, in amendment 3, the 

instruction ‘‘Amend § 210.10 by revising 

paragraphs (b) introductory text, (b)(1), 

(b)(2) introductory text, and (b)(3)(i) and 

adding paragraphs (c) through (m) to 

read as follows:’’ is corrected to read 

‘‘Amend § 210.10 by revising paragraphs 

(b) introductory text, (b)(1), (b)(2) 

introductory text, and (b)(3)(i) and 

adding paragraphs (c) through (o) to 

read as follows:’’ 

Dated: January 25, 2021. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2021–02049 Filed 1–29–21; 8:45 am] 

BILLING CODE 1410–30–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary of the Interior 

43 CFR Part 10 

[NPS–WASO–NAGPRA–31250; 

PPWOVPADU0/PPMPRLE1Y.Y00000] 

RIN 1024–AE67 

Civil Penalties Inflation Adjustments 

AGENCY: Office of the Secretary, Interior. 

ACTION: Final rule. 

SUMMARY: This rule revises U.S. 

Department of the Interior regulations 

implementing the Native American 

Graves Protection and Repatriation Act 

to provide for annual adjustments of 

civil penalties to account for inflation 

under the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 and Office of Management 

and Budget guidance. The purpose of 

these adjustments is to maintain the 

deterrent effect of civil penalties and to 

further the policy goals of the 

underlying statute. 

DATES: This rule is effective on February 

1, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Melanie O’Brien, Manager, National 

NAGPRA Program, (202) 354–2204, 

National Park Service, 1849 C Street 

NW, Washington, DC 20240. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On November 2, 2015, the President 

signed into law the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Sec. 701 of 

Pub. L. 114–74) (‘‘the Act’’). The Act 

requires Federal agencies to adjust the 

level of civil monetary penalties 

annually for inflation no later than 

January 15 of each year. 

II. Calculation of Annual Adjustments 

The Office of Management and Budget 

(OMB) recently issued guidance to assist 

Federal agencies in implementing the 

annual adjustments required by the Act 

which agencies must complete by 

January 15, 2021. See December 23, 

2020, Memorandum for the Heads of 

Executive Departments and Agencies, 

from Russel T. Vought, Director, Office 

of Management and Budget, re: 

Implementation of Penalty Inflation 

Adjustments for 2021, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (M–21–10). The guidance states 

that the cost-of-living adjustment 

multiplier for 2021, based on the 

Consumer Price Index (CPI–U) for the 

month of October 2020, not seasonally 

adjusted, is 1.01182. (The annual 

inflation adjustments are based on the 

percent change between the October 

CPI–U preceding the date of the 

adjustment, and the prior year’s October 

CPI–U.) The guidance instructs agencies 

to complete the 2021 annual adjustment 

by multiplying each applicable penalty 

by the multiplier, 1.01182, and 

rounding to the nearest dollar. 

The annual adjustment applies to all 

civil monetary penalties with a dollar 

amount that are subject to the Act. A 

civil monetary penalty is any 

assessment with a dollar amount that is 

levied for a violation of a Federal civil 

statute or regulation, and is assessed or 

enforceable through a civil action in 

Federal court or an administrative 

proceeding. A civil monetary penalty 

does not include a penalty levied for 

violation of a criminal statute, or fees for 

services, licenses, permits, or other 

regulatory review. This final rule adjusts 

the following civil monetary penalties 

contained in the Department regulations 

implementing the Native American 

Graves Protection and Repatriation Act 

(NAGPRA) for 2021 by multiplying 

1.01182 by each penalty amount as 

updated by the adjustment made in 

2020: