69036 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations 

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 consists only of 

an organizational amendment. It is 

categorically excluded from further 

review under paragraph L3 of Appendix 

A, Table 1 of DHS Instruction Manual 

023–01–001–01, Rev. 1, Implementation 

of the National Environmental Policy 

Act. 

List of Subjects 

33 CFR Part 3 

Organizations and functions 

(Government agencies). 

33 CFR Part 162 

Navigation (water), Waterways. 

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 parts 3, 162 and 165 as follows: 

PART 3—COAST GUARD AREAS, 

DISTRICTS, SECTORS, MARINE 

INSPECTION ZONES, AND CAPTAIN 

OF THE PORT ZONES 

■ 1. The authority citation for part 3 is 

revised to read as follows: 

Authority: 14 U.S.C. 501, 504; Public Law 

107–296, 116 Stat. 2135; Department of 

Homeland Security Delegation No. 00170.1, 

Revision No. 01.3. 

§ 3.85–10 [Amended] 

■ 2. In § 3.85–10— 

■ a. In the section heading, remove the 

text ‘‘Juneau:’’, 

■ b. In the first sentence, remove the 

word ‘‘Juneau’s’’ and add, in its place, 

the words ‘‘Southeast Alaska’s’’, and 

■ c. In the second sentence, remove the 

word ‘‘Juneau’s’’. 

PART 162—INLAND WATERWAYS 

NAVIGATION REGULATIONS 

■ 3. The authority citation for part 162 

continues to read as follows: 

Authority: 46 U.S.C. 70034; DHS 

Delegation No. 00170.1, Revision No. 01.3. 

§ 162.240 [Amended] 

■ 4. In § 162.240 amend paragraph (d) 

by removing the word ‘‘Juneau’’ and 

adding, in its place, the words 

‘‘Southeast Alaska’’. 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 5. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

§ 165.1712 [Amended] 

■ 6. In § 165.1712(d)(3), remove the 

word ‘‘Juneau’’ and add, in its place, the 

words ‘‘Southeast Alaska’’. 

Michael Cunningham, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2023–21877 Filed 10–4–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2023–0685] 

RIN 1625–AA00 

Safety Zone; Potomac River, 

Washington, DC 

AGENCY: Coast Guard, Department of 

Homeland Security. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain waters of the Potomac River. The 

safety zone is needed to protect 

personnel, vessels, and the marine 

environment on these navigable waters 

near Washington, DC from potential 

hazards posed by a fireworks display 

which will take place on October 5, 

2023. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port, Maryland-National Capital 

Region, or a designated representative. 

DATES: This rule is effective from 7:30 

p.m. until 9:30 p.m. on October 5, 2023. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2023– 

0685 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this rule, call 

or email MST2 Hollie Givens, Sector 

Maryland-NCR, Waterways Management 

Division, U.S. Coast Guard: telephone 

410–576–2596, email 

MDNCRMarineevents@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 


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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations 69037 

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 the 

event sponsors did not notify the Coast 

Guard of the event in time to allow for 

a notice and comment period without 

delaying promulgation of the rule. It 

would be impracticable and contrary to 

the public interest to delay the 

establishment on this safety zone to 

publish an NPRM because doing so 

would prevent us from addressing the 

potential safety hazards associated with 

the fireworks display. Potential safety 

hazards include the accidental 

discharge of fireworks, dangerous 

projectiles and falling hot embers or 

other debris. 

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 impracticable and 

contrary to the public interest because 

immediate action is needed to respond 

to the potential safety hazards 

associated with the fireworks display. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port, Sector MarylandNational Capital Region (COTP) has 

determined that potential hazards 

associated with the fireworks to be used 

in this October 5, 2023, display will be 

a safety concern for anyone near the 

fireworks discharge sites. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

before, during, and after the scheduled 

event. 

IV. Discussion of the Rule 

The COTP is establishing a safety 

zone from 7:30 p.m. to 9:30 p.m. on 

October 5, 2023. The safety zone would 

cover all navigable waters of the 

Potomac River within 500 feet of a 

fireworks barge in approximate position 

latitude 38°53′43.13′′ N, latitude 

77°03′30.62′′ W, located near the John F. 

Kennedy Center for Performing Arts in 

Washington, DC. The size of the zone 

and the duration of the rule are 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters before, during, and 

after the scheduled fireworks display. 

No vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or 

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. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

Accordingly, this rule has not been 

reviewed by the Office of Management 

and Budget (OMB). 

This regulatory action determination 

is based on the size, duration, and timeof-day of the safety zone, which will 

impact a small, designated area of the 

Potomac River for no more than two 

hours of total enforcement—hours 

during the evening, when vessel traffic 

is normally low. Moreover, the Coast 

Guard will issue a Local Notice to 

Mariners and a Broadcast Notice to 

Mariners via VHF–FM marine channel 

16, to inform them 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 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 


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69038 Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations 

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 only 2 hours that will 

prohibit entry within 500 feet of a barge 

within a portion of the Potomac River. 

It is categorically excluded from further 

review under paragraph L63(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, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T05–0685 to read as 

follows: 

§ 165.T05–0685 Safety Zone; Potomac 

River, Washington, DC. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Potomac River within 500 feet of the 

fireworks barge in approximate position 

latitude 38°53′43.13′′ N, longitude 

77°03′30.62′′ W located near the John F. 

Kennedy Center for Performing Arts, 

Washington, DC. These coordinates are 

based on datum NAD 83. 

(b) Definitions. As used in this 

section— 

Captain of the Port (COTP) means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region. 

Designated representative means any 

Coast Guard commissioned, warrant, or 

petty officer who has been authorized 

by the Captain of the Port National 

Capital Region to assist in the enforcing 

of the safety zone as described in 

paragraph (a) of this section. 

(c) 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 COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by telephone at 410–576– 

2693 or on Marine Band Radio VHF–FM 

channel 16 (156.8 MHz). The Coast 

Guard vessels enforcing this section can 

be contacted on Marine Band Radio 

VHF–FM channel 16 (156.8 MHz). 

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. 

(d) Enforcement period. This section 

will be enforced from 7:30 p.m. to 9:30 

p.m. on October 5, 2023. 

Dated: September 29, 2023. 

David O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2023–22166 Filed 10–4–23; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 390 

[Docket No. 23–CRB–0007–AA] 

Determination of Adjustment to 

Administrative Assessment to Fund 

Mechanical Licensing Collective 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule; adoption of 

voluntary agreement. 

SUMMARY: The Copyright Royalty Judges 

publish final regulations that adjust the 

amounts and terms of the 

Administrative Assessment To fund the 

Mechanical Licensing Collective. 

DATES: 

Effective date: October 5, 2023. 

Applicability date: These rates and 

terms are applicable starting January 1, 

2023. 

ADDRESSES: Docket: For access to the 

docket to read background 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 23–CRB–0007–AA. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, (202) 707–7658, crb@

loc.gov. 

SUPPLEMENTARY INFORMATION: On May 

31, 2023, the Mechanical Licensing 

Collective (MLC) and the Digital 

Licensee Coordinator (DLC) filed a Joint 

Petition to Commence Proceeding to 

Adjust Administrative Assessment by 

Adoption of a Voluntary Agreement 

(Petition) and a Joint Motion to Adopt 

Voluntary Agreement and Proposed 

Regulations (Voluntary Agreement). By 

notice published in the Federal Register 

the Copyright Royalty Judges (Judges) 

commenced the captioned proceeding to 

determine an adjustment to the 

administrative assessment that digital 

music providers and any significant 

nonblanket licensees must pay to fund 

the operations of the Mechanical 

Licensing Collective. 88 FR 42396 (June 

30, 2023) (Notice of Commencement). 

The Notice of Commencement included 

a request for petitions to participate and 

a schedule for submissions and 

proceedings. 

Only two parties filed Petitions to 

Participate: the Mechanical Licensing 

Collective and the Digital Licensee 

Coordinator; participation in this 

proceeding was required by the two 

Petitioners. The Judges gave notice of 

the identity of petitioners as required by 

37 CFR 355.2(f) and, in light of the 


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