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 

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. 

Docket No. Type of regulation Location Enforcement 

date 

USCG–2022–0991 .................. Safety Zones (Parts 147 and 165) .................. Port Detroit Zone ............................................. 12/31/2022 

USCG–2022–1008 .................. Safety Zones (Parts 147 and 165) .................. Corpus Christi, TX ........................................... 1/4/2023 

USCG–2022–1003 .................. Security Zones (Part 165) ............................... Cincinnati, OH ................................................. 1/4/2023 

USCG–2023–0060 .................. Safety Zones (Parts 147 and 165) .................. U.S. EEZ offshore of Jacksonville, Daytona, 

and Cape Canaveral, FL.

1/12/2023 

USCG–2023–0066 .................. Safety Zones (Parts 147 and 165) .................. Corpus Christi, TX ........................................... 1/13/2023 

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 and 165) .................. Pensacola, FL .................................................. 1/30/2023 

USCG–2023–0107 .................. Safety Zones (Parts 147 and 165) .................. Corpus Christi, TX ........................................... 1/30/2023 

USCG–2023–0090 .................. Safety Zones (Parts 147 and 165) .................. Corpus Christi, TX ........................................... 2/1/2023 

USCG–2023–0140 .................. Security Zones (Part 165) ............................... Tampa, FL ....................................................... 2/9/2023 

USCG–2022–1006 .................. Special Local Regulations (Part 100) .............. Bradenton, FL .................................................. 2/11/2023 

USCG–2023–0071 .................. Safety Zones (Parts 147 and 165) .................. South Padre Island, TX ................................... 2/11/2023 

USCG–2023–0190 .................. Safety Zones (Parts 147 and 165) .................. Charleston, SC ................................................ 3/2/2023 

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 


ddrumheller on DSK120RN23PROD with RULES1
Federal Register / Vol. 88, No. 170 / Tuesday, September 5, 2023 / Rules and Regulations 60587 

1 88 FR 11398 (Feb. 23, 2023). 

2Perez v. Mortgage Bankers Ass’n, 575 U.S. 92, 

97 (2015) (quoting Shalala v. Guernsey Mem. Hosp., 

514 U.S. 87, 99 (1995)). 

3See 5 U.S.C. 553(b)(A), (d)(2). 

4The 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). 

5Public 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. 

8 Id. at 115(d)(4)(A)(i). 

9 Id. 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). 

15H.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 SectionContinued 

Docket No. Type of regulation Location Enforcement 

date 

USCG–2023–0221 .................. Safety Zones (Parts 147 and 165) .................. Miami, FL ......................................................... 3/17/2023 

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 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Interpretive rule; termination of 

notification of inquiry 

SUMMARY: 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: 

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. 

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 

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 


ddrumheller on DSK120RN23PROD with RULES1