Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations 88251 

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. 

§ 165.918 [Amended] 

■ 6. Amend § 165.918 by removing the 

words ‘‘Port Sault Sainte Marie’’ and 

adding in their place the words ‘‘Port 

Northern Great Lakes’’ in the section 

heading and wherever they appear in 

paragraphs (a)(1) through (3), (b), (d), 

and (e). 

§ 165.928 [Amended] 

■ 7. Amend § 165.928 in paragraph (g) 

by removing the words ‘‘Sault Ste. 

Marie’’ and adding in their place the 

words ‘‘Northern Great Lakes’’. 

§ 165.944 [Amended] 

■ 8. Amend § 165.944 in paragraphs 

(d)(1) and (e) by removing the words 

‘‘Sault Sainte Marie’’ and adding in 

their place the words ‘‘Northern Great 

Lakes’’. 

Dated: December 18, 2023. 

Michael T. Cunningham, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2023–28103 Filed 12–20–23; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2023–0934] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Turner Cut, Near Stockton, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary interim rule and 

request for comments 

SUMMARY: The Coast Guard is 

temporarily modifying the operating 

schedule that governs the draw of the 

Zuckerman Brothers (McDonald Island) 

bridge, mile 2.3, across Turner Cut, near 

Stockton, CA. This action is necessary 

to allow the bridge owner, Reclamation 

District 2030 (RD2030), to complete 

design plans and conduct repairs to the 

bridge to bring it back to its normal 

operating status. 

DATES: This temporary interim rule is 

effective from December 21, 2023 

through 5 p.m. on September 30, 2024. 

Comments and related material must 

reach the Coast Guard on or before 

January 22, 2024. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov. Type the docket 

number (USCG–2023–0934) in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. In 

the Document Type column, select 

‘‘Supporting & Related Material’’. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

interim rule, call or email Carl Hausner, 

Chief, Bridge Section, Eleventh Coast 

Guard District; telephone 510–437– 

3516, email Carl.T.Hausner@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 

NOTD Notice of Temporary Deviation 

PG&E Pacific Gas and Electric 

Pub. L. Public Law 

RD2030 Reclamation District 2030 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary interim 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), 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. This bridge is secured 

closed and will be secured closed until 

design plans are finalized, coordination 

of construction schedule can be made 

with landowners and PG&E, contractor 

hired, and repairs completed. 

On June 21, 2023, RD2030 notified the 

Coast Guard that the Zuckerman 

Brothers (McDonald Island) retractable 

span bridge should not open for the 

passage of vessels. The cause was the 

gradual movement which squeezed the 

abutments towards the center movable 

steel section. The span cannot be 

opened without the risk of it being stuck 

in the open-to-navigation position. The 

Zuckerman Brothers (McDonald Island) 

bridge is the only road in and out of 

McDonald Island, which includes farms 

and a PG&E station and wells. The Coast 

Guard granted a Notice of Temporary 

Deviation (NOTD) from the operating 

schedule of the bridge, allowing the 

span to be secured in the closed 

position until repairs can be made. The 

NOTD will expire at 7 a.m. on December 

18, 2023. The design, coordination of 

work with affected parties, and repair is 

delayed. The retractable span will not 

be operational at the expiration of the 

NOTD. The Coast Guard received the 

report of these delays on November 17, 

2023. Therefore, there is insufficient 

time to provide a reasonable comment 

period and then consider those 

comments before issuing the 

modification. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making it effective in less than 30 days 

after publication in the Federal 

Register. For reasons presented above, 

delaying the effective date of this rule 

would be impracticable and contrary to 

the public interest because the 

retractable span of the bridge is 

currently secured closed and cannot be 

operated until repairs are completed. 

We are soliciting comments on this 

rulemaking. If the Coast Guard 

determines that changes to the 

temporary interim rule are necessary, 

we will publish a temporary final rule 

or other appropriate document. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this 

temporary interim rule under authority 

in 33 U.S.C. 499. The Coast Guard is 

modifying the operating schedule that 

governs the Zuckerman Brothers 

(McDonald Island) bridge, mile 2.3, 

across Turner Cut, near Stockton, CA. 

The Zuckerman Brothers (McDonald 

Island) bridge has a vertical clearance, 

in the closed position, of 16 feet at mean 

high water and unlimited vertical 

clearance when opened. 

The existing drawbridge regulation, 

33 CFR 117.5, states that the draw of the 

Zuckerman Brothers (McDonald Island) 

bridge must open for vessels if a signal 

is given to do so. RD2030, the bridge 

owner, has requested this modification 

as additional time is required to 

complete bridge repairs. 

Drawtender logs from January 2022 

through June 2023 indicate the span 

opened on average, 2 times in January; 

1 time in February; 1 time in March; 3 

times in April; 11 times in May; 8 times 

in June; 18 times in July; 6 times in 

August; 7 times in September; 4 times 

in October; 2 times in November; and 3 

times in December. No complaints have 

been received from mariners since the 


khammond on DSKJM1Z7X2PROD with RULES
88252 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations 

retractable span was secured closed on 

June 21, 2023. 

IV. Discussion of the Rule 

The Coast Guard is issuing this rule, 

which permits a temporary deviation 

from the operating schedule that 

governs the Zuckerman Brothers 

(McDonald Island) bridge, mile 2.3, 

across Turner Cut, near Stockton, CA. 

This rule allows the bridge to be secured 

in the closed-to-navigation position 

through 5 p.m. on September 30, 2024. 

RD2030 hired an engineering firm as 

part of the design, planning and repairs 

of the bridge. RD2030 and the engineers 

are working to finalize the plans for the 

repairs. RD2030 is also coordinating 

construction time windows with 

landowners on McDonald Island. PG&E 

is currently conducting major well 

rehabilitation on the island and have 

limited windows where their access to 

McDonald Island across the bridge can 

be interrupted. These elements 

contributed to the delay in the repairs 

to the retractable span. Currently, the 

retractable span is secured closed until 

repairs are complete. The anticipated 

completion of the repairs is September 

30, 2024. 

V. Regulatory Analyses 

We developed this temporary interim 

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. 

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 

Executive Order 12866, as amended by 

Executive Order 14094 (Modernizing 

Regulatory Review). Accordingly, it has 

not been reviewed by the Office of 

Management and Budget (OMB). 

This regulatory action determination 

is based on the fact that little or no 

commercial or recreational vessel traffic 

will be impacted by this rule. 

Furthermore, the retractable span of the 

bridge, as of date of the publication of 

this rule, should not be operated for fear 

of becoming non-operational in the 

partially open position until repairs can 

be made. 

B. Impact on Small Entities 

The Regulatory Flexibility Act of 1980 

(RFA), 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 bridge 

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 contact 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 calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

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 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has 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 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations 88253 

1The CPI–U published in November 2022 is 

available at https://www.bls.gov/news.release/ 

archives/cpi_11102022.htm at Table 1. 

2Base rate. 

3The CPI–U announced on November 14, 2023, 

by the Bureau of Labor Statistics in its Consumer 

Price Index News Release—Consumer Price Index, 

is available at https://www.bls.gov/news.release/ 

archives/cpi_11142023.htm at Table 1. 

■ 2. Add § 177.T200 to read as follows: 

§ 117.T200 Turner Cut. 

The draw of the Zuckerman Brothers 

(McDonald Island) bridge, mile 2.3, near 

Stockton need not open for the passage 

of vessels. 

Dated: December 15, 2023. 

Andrew M. Sugimoto, 

Rear Admiral, U.S. Coast Guard Commander, 

Eleventh Coast Guard District. 

[FR Doc. 2023–28146 Filed 12–20–23; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 380 

[Docket No. 19–CRB–0005–WR (2021–2025) 

COLA (2024) 

Cost of Living Adjustment to Royalty 

Rates for Webcaster Statutory License; 

Correction 

AGENCY: Copyright Royalty Board (CRB), 

Library of Congress. 

ACTION: Final rule; correction. 

SUMMARY: On November 30, 2023, the 

Copyright Royalty Judges amended 

regulations governing royalty rates that 

commercial and noncommercial 

noninteractive webcasters pay for 

eligible transmissions pursuant to the 

statutory licenses for the public 

performance of and for the making of 

ephemeral reproductions of sound 

recordings. That document contained an 

incorrect reference to a rate. This 

document corrects that reference. 

DATES: 

Effective date: This correction is 

effective December 20, 2023. 

Applicability dates: The adjusted rates 

as published on November 30, 2023, are 

applicable to the period January 1, 2024, 

through December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, (202) 707–7658, crb@

loc.gov. 

SUPPLEMENTARY INFORMATION: On 

November 30, 2023, at 88 FR 83508, the 

Copyright Royalty Judges published a 

rule that contained an incorrect 

reference to a rate in the SUPPLEMENTARY

INFORMATION section. This document 

corrects that reference. 

Correction 

In the Federal Register of Thursday, 

November 30, 2023, in FR Rule Doc. 

2023–26221, appearing on page 83508, 

make the following correction: 

1. On page 85309, in the first column, 

in the fourth paragraph, correct 

‘‘$0.20025’’ to read ‘‘$0.0025’’. 

Dated: December 15, 2023. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2023–28098 Filed 12–20–23; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 385 

[Docket No. 23–CRB–0014–PR–COLA 

(2024)] 

Cost of Living Adjustment to Royalty 

Rates and Terms for Making and 

Distributing Phonorecords; Correction 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Correcting amendments; cost of 

living adjustment. 

SUMMARY: On December 12, 2023, the 

Copyright Royalty Judges amended 

regulations governing royalty rates for 

making and distributing physical 

phonorecords and Permanent 

Downloads of nondramatic musical 

works pursuant to statutory license. 

That document inadvertently omitted 

figures related to calculation of the 

adjusted rates and listed an incorrect 

per-minute rate. 

DATES:

Effective date: December 21, 2023. 

Applicability date: These rates and 

terms are applicable during the period 

from January 1, 2024, through December 

31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, Program Specialist, (202) 

707–7658, crb@loc.gov. 

SUPPLEMENTARY INFORMATION: This 

document provides an amplification of 

the information in the SUPPLEMENTARY

INFORMATION section and a correction to 

a rate in the Final Regulations in the 

final rule/cost of living adjustment 

document published in the Federal 

Register on December 12, 2023 (88 FR 

86058). 

Section 115 of the Copyright Act, title 

17 of the United States Code, creates a 

statutory license for making and 

distributing phonorecords of 

nondramatic musical works. On 

December 16, 2022, the Copyright 

Royalty Judges (Judges) adopted final 

regulations governing the rates and 

terms of copyright royalty payments 

under that license for the license period 

2024–2027 for making and distributing 

phonorecords of nondramatic musical 

works. See 87 FR 76942. 

Pursuant to those regulations, at least 

25 days before January 1 of each year, 

the Judges shall publish in the Federal 

Register notice of a cost of living 

adjustment (COLA) applicable to the 

royalty fees for making and distributing 

physical phonorecords and Permanent 

Downloads. See 37 CFR 385.11. 

The adjustment in the royalty fee 

shall be based on a calculation of the 

percentage increase in the Consumer 

Price Index for All Urban Consumers 

(CPI–U) published in November 2022 

(298.012) 1 (‘‘base rate’’) according to the 

formulas: for the per-work rate, (1 + (Cy 

¥ 298.012 2)/298.012) × 12¢, rounded to 

the nearest tenth of a cent; for the perminute rate, (1 + (Cy ¥ 298.012)/ 

298.012) × 2.31¢, rounded to the nearest 

hundredth of a cent; where Cy is the 

CPI–U published by the Secretary of 

Labor before December 1 of the 

preceding year. 37 CFR 385.11(a)(2). 

The CPI–U published by the Secretary 

of Labor from the most recent index 

published before December 1, 2023, is 

307.671.3 Applying the formulas in 37 

CFR 385.11(a)(2) results in an increase 

in the rates for 2024. 

The adjusted rates for 2024 are 12.4 

cents for the per-work rate and 2.38 

cents for the per-minute rate. 

Details of the required calculations 

were inadvertently omitted from the 

document published in the Federal 

Register on December 12, 2023 (88 FR 

86058). This document provides, in the 

SUPPLEMENTARY INFORMATION section 

herein, additional details of and results 

of the calculations, and corrects the 

amount for the per-minute rate in the 

Final Regulations herein. 

List of Subjects in 37 CFR Part 385 

Copyright, Phonorecords, Recordings. 

Final Regulations 

In consideration of the foregoing, the 

Judges correct part 385 of title 37 of the 

Code of Federal Regulations by making 

the following correcting amendment: 

PART 385—RATES AND TERMS FOR 

USE OF NONDRAMATIC MUSICAL 

WORKS IN THE MAKING AND 

DISTRIBUTING OF PHYSICAL AND 

DIGITAL PHONORECORDS 

■ 1. The authority citation for part 385 

continues to read as follows: 

Authority: 17 U.S.C. 115, 801(b)(1), 

804(b)(4). 


khammond on DSKJM1Z7X2PROD with RULES