6450 Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0893] 

RIN 1625–AA87 

Security Zone for Navy Diving 

Exercise; Gastineau Channel, Juneau, 

AK 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary security zone 

for certain waters of the Gastineau 

Channel. This action is necessary to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by a Navy diving 

excercise involving remotely operated 

vehicles (ROVs) and accompanying 

divers on these navigable waters 

between the Juneau-Douglas Bridge and 

Savikko Park near Juneau, AK from 

March 6, 2022, through March 17, 2022. 

This proposed rulemaking would 

prohibit persons and vessels from being 

in the security zone unless authorized 

by the Captain of the Port Southeast 

Alaska or a designated representative. 

We invite your comments on this 

proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before February 14, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0893 using the Federal Decision 

Making Portal at https://

www.regulations.gov. See the ‘‘Public 

Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section for 

further instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this proposed 

rulemaking, call or email Lieutenant 

Jesse Collins, Waterways Management 

Division, U.S. Coast Guard; telephone 

907–463–2846, email Jesse.O.Collins@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

COTP Captain of the Port Southeast Alaska 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

ROV(s) Remotely Operated Vehicle(s) 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The Depatment of Navy has notified 

the Coast Guard that it will be 

conducting a diving exercise from 6 a.m. 

to 6 p.m., each day from March 6, 2022, 

through March 17, 2022, along the 

entire length of the Gastineau Channel. 

Hazards associated with the exercise 

include collision and damage to 

remotely operated vehicles (ROVs) and 

collision and injury to divers in the 

water. The Captain of the Port Southeast 

Alaska (COTP) has determined that 

potential hazards associated with the 

exercise would be a security concern for 

anyone within a 200-yard radius of the 

Navy vessel displaying the Alpha 

(‘‘Dive’’) flag. 

The purpose of this rulemaking is to 

ensure safety of the public as well as the 

Navy personnel and assets in the 

navigable waters before, during, and 

after the scheduled diving exercise. The 

Coast Guard is proposing this 

rulemaking under authority in 46 U.S.C. 

70034 (previously 33 U.S.C. 1231). 

III. Discussion of Proposed Rule 

The COTP is proposing to establish a 

security zone from March 6, 2022, 

through March 17, 2022. The security 

zone would be enforced daily from 6 

a.m. to 6 p.m. and would cover all 

navigable waters within 200-yard radius 

of the Navy vessel displaying the Alpha 

(‘‘Dive’’) flag in the Gastineau Channel. 

The duration of the zone is intended to 

protect Navy personnel and assets on 

these navigable waters before, during, 

and after the scheduled 6 a.m. to 6 p.m. 

diving exercise. No vessel or person 

would be permitted to enter the security 

zone without obtaining permission from 

the COTP or a designated 

representative. The regulatory text we 

are proposing appears at the end of this 

document. 

IV. Regulatory Analyses 

We developed this proposed 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 NPRM has not been designated a 

‘‘significant regulatory action,’’ under 

Executive Order 12866. Accordingly, 

the NPRM has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the size, location, and time 

of day of the security zone. Traffic is 

limited during the time of year when the 

security zone would be in effect. As a 

moving security zone assigned to a Navy 

vessel rather than a defined area of 

water, the impact to the waterway 

would be minimized. Moreover, the 

Coast Guard would issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the zone, and the rule 

would allow vessels to seek permission 

to enter the 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 proposed rule would not 

have a significant economic impact on 

a substantial number of small entities. 

While some owners or operators of 

vessels intending to transit the security 

zone may be small entities, for the 

reasons stated in section IV.A above, 

this proposed rule would not have a 

significant economic impact on any 

vessel owner or operator. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this proposed rule would have 

a significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

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 proposed rule. If the 

proposed 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. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this proposed rule or any policy or 

action of the Coast Guard. 

C. Collection of Information 

This proposed rule would not call for 

a new collection of information under 


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Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 6451 

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 proposed 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 proposed rule does not have 

tribal implications under Executive 

Order 13175 (Consultation and 

Coordination with Indian Tribal 

Governments) because it would 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. 

If you believe this proposed rule has 

implications for federalism or Indian 

tribes, please call or email the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

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 

proposed rule would not result in such 

an expenditure, we do discuss the 

potential effects of this proposed rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this proposed 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 made a preliminary determination 

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 proposed 

rule involves a security zone lasting 12 

hours for twelve days that would 

prohibit entry within 200-yard radius of 

the Navy vessel displaying the Alpha 

(‘‘Dive’’) flag. Normally such actions are 

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 

preliminary 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. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

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. 

V. Public Participation and Request for 

Comments 

We view public participation as 

essential to effective rulemaking, and 

will consider all comments and material 

received during the comment period. 

Your comment can help shape the 

outcome of this rulemaking. If you 

submit a comment, please include the 

docket number for this rulemaking, 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. 

Submitting comments. We encourage 

you to submit comments through the 

Federal Decision Making Portal at 

https://www.regulations.gov. To do so, 

go to https://www.regulations.gov, type 

USCG–2021–0893 in the search box and 

click ‘‘Search.’’ Next, look for this 

document in the Search Results column, 

and click on it. Then click on the 

Comment option. If you cannot submit 

your material by using https://

www.regulations.gov, call or email the 

person in the FOR FURTHER INFORMATION

CONTACT section of this proposed rule 

for alternate instructions. 

Viewing material in docket. To view 

documents mentioned in this proposed 

rule as being available in the docket, 

find the docket as described in the 

previous paragraph, and then select 

‘‘Supporting & Related Material’’ in the 

Document Type column. Public 

comments will also be placed in our 

online docket and can be viewed by 

following instructions on the https://

www.regulations.gov Frequently Asked 

Questions web page. We review all 

comments received, but we will only 

post comments that address the topic of 

the proposed rule. We may choose not 

to post off-topic, inappropriate, or 

duplicate comments that we receive. 

Personal information. We accept 

anonymous comments. Comments we 

post to https://www.regulations.gov will 

include any personal information you 

have provided. For more about privacy 

and submissions to the docket in 

response to this document, see DHS’s 

eRulemaking System of Records notice 

(85 FR 14226, March 11, 2020). 

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 is proposing 

to amend 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. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T17–0893 to read as 

follows: 

§ 165.T17–0893 Security Zone for Navy 

Diving Exercise; Gastineau Channel, 

Juneau, AK. 

(a) Location. The following area is a 

security zone: All the waters in Juneau 

Harbor and along the Gastineau Channel 

within a 200-yard radius of a Navy 

vessel displaying the Alpha (‘‘Dive’’) 

flag. 

(b) Definitions. As used in this 

section: 

(1) Captain of the Port (COTP) means 

the Commander, U.S. Coast Guard 

Sector Juneau. 

(2) Designated representative means 

any Coast Guard commissioned, 

warrant, or petty officer who has been 

authorized by the Captain of the Port 

Southeast Alaska to assist in enforcing 

the security zone described in paragraph 

(a) of this section. 

(c) Regulations. (1) Under the general 

security zone regulations in subpart D of 

this part, you may not enter the security 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

All vessels underway within this 

security zone at the time it is activated 

are to depart the zone. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

designated representative by telephone 


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6452 Federal Register / Vol. 87, No. 24 / Friday, February 4, 2022 / Proposed Rules 

1 17 U.S.C. 708(a). 

2 Id. 

3 17 U.S.C. 512(c)(2). 

4 Id. 104A(e)(1)(C). 

5 37 CFR 202.3(b)(2)(i)(C). 

6 Id. 202.12(c). 

7Compare 37 CFR 201.6 with id. 201.33(e), 

201.39(g), 202.12(c). 

8A list of all recent rulemakings can be found on 

the Copyright Office’s website at https://

www.copyright.gov/rulemaking/. 

9Registration Modernization, 83 FR 52336 (Oct. 

17, 2018). 

10 83 FR at 52338. 

at 907–463–2980 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). 

(3) Those in the security zone must 

comply with all lawful orders or 

directions given to them by the COTP or 

the COTP’s designated representative. 

(d) Enforcement officials. The U.S. 

Coast Guard may be assisted in the 

patrol and enforcement of the safety 

zone by Federal, State, and local 

agencies. 

(e) Enforcement period. This section 

is effective from March 6, 2022, through 

March 17, 2022, but will only be subject 

to enforcement from 6 a.m. to 6 p.m. 

each day. 

Dated: February 1, 2022. 

M.S. Gillman, 

Commander, U.S. Coast Guard, Acting 

Captain of the Port Southeast Alaska. 

[FR Doc. 2022–02510 Filed 2–3–22; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Parts 201 and 202 

[Docket No. 2022–1] 

Remitter Payment Options and Deposit 

Account Requirements 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The U.S. Copyright Office is 

issuing a notice of proposed rulemaking 

regarding regulations related to remitter 

payments for Office services and 

requirements for maintaining a deposit 

account. Currently, payment options are 

addressed in various sections of Office 

regulations, and the method of payment 

accepted varies depending on the 

service provided. Additionally, payment 

methods currently referenced in the 

regulations may not necessarily reflect 

the types that the Office can accept or 

may choose to accept in the future. 

Amendments in this rulemaking are 

intended to consolidate regulatory 

provisions related to payment options 

and update regulations to articulate 

current Office practices. The Office also 

is proposing to simplify requirements 

for maintaining a deposit account and to 

clarify procedures related to 

noncompliant accounts. The Office 

invites public comments on this 

proposed rule. 

DATES: Written comments must be 

received no later than 11:59 p.m. 

Eastern Time on March 7, 2022. 

ADDRESSES: For reasons of governmental 

efficiency, the Copyright Office is using 

the regulations.gov system for the 

submission and posting of public 

comments in this proceeding. All 

comments are therefore to be submitted 

electronically through regulations.gov. 

Specific instructions for submitting 

comments are available on the 

Copyright Office website at http://

copyright.gov/rulemaking/remitter

paymentoptions. If electronic 

submission of comments is not feasible 

due to lack of access to a computer and/ 

or the internet, please contact the Office 

using the contact information below for 

special instructions. 

FOR FURTHER INFORMATION CONTACT: 

Megan Efthimiadis, Assistant to the 

General Counsel, by email at meft@

copyright.gov or telephone at (202) 707– 

8350. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Remitter Payments 

The Copyright Act provides the 

Copyright Office with the authority to 

collect fees for its services, such as 

registration of a copyright claim and 

recordation of a transfer of copyright 

ownership.1 General fee-setting 

authority is provided in 17 U.S.C. 

708(a), which enumerates ten services 

for which fees shall be required, along 

with providing authority ‘‘to fix fees for 

other services.’’ 2 Several sections of the 

Copyright Act provide the Copyright 

Office with explicit authority to collect 

fees for services not listed in section 

708(a), such as designating an agent to 

receive notifications of claimed 

infringement 3 and filing a notice of 

intent to enforce a restored copyright.4

A number of other fees are set pursuant 

to the Copyright Office’s general 

regulatory authority, such as the fee for 

providing notice to libraries and 

archives of normal commercial 

exploitation or availability of a 

copyrighted work at a reasonable price 

under 17 U.S.C. 108(h)(2)(B). 

The majority of regulations addressing 

payment methods accepted by the 

Copyright Office for the fees it charges 

appear in 37 CFR 201.6; a number of 

other provisions address payment 

methods for specific services. Some of 

the payment options vary depending on 

the service—for example, the Office 

accepts payment by ‘‘electronic funds 

transfer, credit or debit card, or deposit 

account’’ for online applications for 

registration,5 while it accepts payment 

by ‘‘money order, check, bank draft, 

deposit account,’’ and most major credit 

cards for registration of foreign works 

restored under 17 U.S.C. 104A.6 Some 

services may be paid for with cash (only 

in person); others may not.7 The 

different payment methods across 

provisions can lead to confusion if not 

spelled out in regulations. 

As part of broader modernization 

efforts, the Office is reviewing its 

regulations and updating them where 

necessary to reflect current and 

anticipated practices.8 The Office is 

undertaking this rulemaking as part of 

those efforts, which the Office 

anticipates will result in an integrated, 

unified IT system for its services, 

including payment processing. 

The Office issued a notification of 

inquiry (‘‘NOI’’) on Registration 

Modernization on October 17, 2018,9

that invited public comment on a 

number of issues concerning regulations 

and practices related to the registration 

of copyright claims. Among the 

questions, the Office asked whether it 

should eliminate ‘‘payment options via 

check or money order’’ for copyright 

registration applications.10 This 

proposed rule, in part, reflects feedback 

that the Office received from 

commenters regarding payment 

methods. As this notice of proposed 

rulemaking does not address every issue 

raised in that notification of inquiry or 

by commenters, the Office reserves 

judgment on any matters not expressly 

discussed herein; no inference should 

be drawn from the Office’s silence on 

any particular point. The comments 

received in response to the notification 

of inquiry that were not addressed by 

this proposed rule will continue to be 

evaluated by the Office as system 

development progresses. 

B. Deposit Accounts 

The Copyright Office maintains a 

system of deposit accounts for frequent 

users of Office services. An individual 

or entity may establish a deposit 

account, make contributions to that 

account, and charge copyright fees 

against the balance instead of sending 


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