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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Federal Register / Vol. 88, No. 192 / Thursday, October 5, 2023 / Rules and Regulations 69039 

Voluntary Agreement, suspended the 

case schedule. See Notice of Identity of 

Petitioners and Case Scheduling Order 

(July 18, 2023). 

Section 115(d)(7)(D)(v) of the 

Copyright Act authorizes the Judges to 

approve and adopt a negotiated 

agreement that has been agreed to by the 

Mechanical Licensing Collective and the 

Digital Licensee Coordinator in lieu of a 

determination of the administrative 

assessment. An administrative 

assessment adopted under sec. 

115(d)(7)(D)(v) ‘‘shall apply to all digital 

music providers and significant 

nonblanket licensees engaged in 

covered activities during the period the 

administrative assessment is in effect.’’ 

Id. 

However, the Judges, in their 

discretion, may reject a proposed 

settlement for good cause shown. 17 

U.S.C. 115(d)(7)(D)(v) and 37 CFR 

355.6(d). Section 355.4(c)(4) of 37 CFR 

establishes a process for non-settling 

participants to comment on a proposed 

settlement and for the settling 

participants to respond. Because there 

were no non-settling participants in the 

instant proceeding, the proposed 

settlement was unopposed. Moreover, 

the participants explained to the Judges’ 

satisfaction how the Proposed 

Regulations comply with the provisions 

of the Copyright Act. See generally 

Voluntary Agreement. The Judges, 

finding no cause to reject the proposed 

settlement embodied in the Voluntary 

Agreement, hereby adopt it, and publish 

these final regulations implementing the 

settlement. 

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). 

§ 390.1 [Amended] 

■ 2. Amend § 390.1 as follows: 

■ a. In the definition of ‘‘Annual 

Assessment’’ remove ‘‘2021’’ and add in 

its place ‘‘2023’’. 

■ b. Remove the definition of ‘‘Certified 

Minimum Fee Disclosure’’. 

■ 3. Amend § 390.2 by revising 

paragraphs (a), (b), and (c)(1) 

introductory text to read as follows: 

§ 390.2 Amount of assessments. 

(a) 2023 Annual Assessment. The 

Annual Assessment for the calendar 

year 2023 shall be in the amount of 

$32,900,000. 

(b) 2024 Annual Assessment. The 

Annual Assessment for the calendar 

year 2024 shall be in the amount of 

$39,050,000. 

(c) * * * (1) For the calendar year 

2025 and all subsequent years, the 

amount of the Annual Assessment will 

be automatically adjusted by increasing 

the amount of the Annual Assessment of 

the preceding calendar year by the 

lesser of: 

* * * * * 

■ 4. Amend § 390.3 by: 

■ a. In paragraph (b); 

■ i. Removing ‘‘2021’’ and adding in its 

place ‘‘2024’’; 

■ ii. Removing ‘‘2019’’ and adding in its 

place ‘‘2022’’; and 

■ iii. Removing ‘‘2020’’ and adding in 

its place ‘‘2023’’. 

■ b. Remove paragraph (c) and 

redesignate paragraphs (d) and (e) as 

paragraphs (c) and (d). 

■ c. Revise newly redesignated 

paragraph (c) introductory text. 

The revision reads as follows: 

§ 390.3 Annual minimum fees. 

* * * * * 

(c) Calculation by the MLC. The MLC 

will calculate each Licensee’s annual 

minimum fee based on usage reporting 

received from Licensees pursuant to 17 

U.S.C. 115(d)(4). The MLC shall send 

invoices for the appropriate annual 

minimum fee to each Licensee. 

Licensees shall pay the annual 

minimum fee invoices from the MLC by 

the later of: 

* * * * * 

■ 5. Amend § 390.4 as follows: 

■ a. In paragraph (b) remove the words 

‘‘, except that the calculation period for 

the Quarterly Allocation for the first and 

second quarters of 2021 shall be the 

same as for the annual minimum fee for 

the 2021 Annual Assessment, and shall 

be calculated based upon the 

information provided in the Certified 

Minimum Fee Disclosures, as required 

by this part.’’ 

■ b. Remove paragraph (c)(2)(i)(D) and 

redesignate paragraphs (c)(2)(i)(E) and 

(F) as (c)(2)(i)(D) and (E). 

■ c. Revise paragraph (h). 

The revision reads as follows: 

§ 390.4 Annual Assessment allocation and 

payment. 

* * * * * 

(h) 2023 Annual Assessment 

allocation and payment. The 2023 

Annual Assessment shall be paid in two 

separate processes: 

(1) The MLC will collect from 

Licensees the amount of $30,235,650 

pursuant to the standard procedures 

outlined in the other provisions of this 

part for collection of the 2023 Annual 

Assessment, including the collection of 

Annual Minimum Fees and Quarterly 

Allocations. 

(2) The MLC will collect from 

Allocated Licensees the amount of 

$2,664,350 through a separately 

invoiced, one-time collection, with no 

minimum fees applied. The amount 

shall be divided into two equal parts 

and allocated among Licensees using 

the formulas set forth in paragraphs 

(a)(1) and (a)(2) of this section. The 

calculation period shall be the first three 

months of 2023. The MLC may invoice 

for this collection at any time, with 

payment to be due no later than 45 days 

after receipt of the invoice from the 

MLC. 

Dated: September 25, 2023. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

David R. Strickler, 

Copyright Royalty Judge. 

Steve Ruwe, 

Copyright Royalty Judge. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2023–22179 Filed 10–4–23; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2021–0269; FRL–10944–01– 

OCSPP] 

Ledprona Double-Stranded RNA; 

Exemption From the Requirement of a 

Tolerance 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes an 

exemption from the requirement of a 

tolerance for residues of Ledprona 

double-stranded (ds) RNA in or on 

potato when used as a foliar-applied 

insecticide for the selective control of 

Colorado potato beetle and in 

accordance with label directions and 

good agricultural practices. GreenLight 

Biosciences, Inc. submitted a petition to 

EPA under the Federal Food, Drug, and 


ddrumheller on DSK120RN23PROD with RULES1