13170 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 

security zone which will be 

intermittently enforced over the course 

of 3 days. It is 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 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; 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.T05–0040 to read as 

follows: 

§ 165.T05–0040 Security Zone, Delaware 

River, Philadelphia, PA. 

(a) Location. The following area is a 

security zone: All waters within the 

Delaware River, contiguous with the 

Pennsylvania shoreline and extending 

out into the Delaware River 

approximately 250 yards, within an area 

bounded by a line connecting the 

following points: Beginning at the 

Pennsylvania shoreline at latitude 

39°56.87′ N, longitude 075°8.36′ W, 

thence east to latitude 39°56.85′ N, 

longitude 075°8.20′ W, thence south to 

latitude 39°56.45′ N, longitude 075°8.25′ 

W, thence west to the Pennsylvania 

shoreline at latitude 39°56.47′ N, 

longitude 075°8.41′ W, thence north 

following the shoreline to the 

originating point. These coordinates are 

based on North American Datum 83 

(NAD83). 

(b) Definitions. As used in this 

section— 

Designated Representative means any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the COTP to act on his or her behalf. 

The designated representative may be 

on an official patrol vessel or may be on 

shore and will communicate with 

vessels via VHF–FM radio or loudhailer. 

In addition, members of the Coast Guard 

Auxiliary may be present to inform 

vessel operators of this regulation. 

Very Important Person (VIP) means 

any person for whom the United States 

Capital Police request implementation 

of a security zone in order to 

supplement protection of said person(s). 

Official Patrol Vessel means any Coast 

Guard, Coast Guard Auxiliary, State, or 

local law enforcement vessel assigned or 

approved by the COTP. 

(c) Regulations. (1) In accordance with 

the general regulations contained in 

subpart D of this part, entry into or 

remaining in the zone described in 

paragraph (a) of section is prohibited 

unless authorized by the COTP, Sector 

Delaware Bay, or designated 

representative. 

(2) Only vessels or people specifically 

authorized by the Captain of the Port, 

Delaware Bay, or designated 

representative, may enter or remain in 

the regulated area. Access to the zone 

will be determined by the COTP or 

designated representative on a case-bycase basis when the zone is enforced. To 

seek permission to enter, contact the 

COTP or the COTP’s representative on 

VHF–FM channel 13 or 16. 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. No person 

may swim upon or below the surface of 

the water of this security zone unless 

authorized by the COTP or his 

designated representative. 

(3) Upon being hailed by an official 

patrol vessel or the designated 

representative, by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. Failure 

to comply with lawful direction may 

result in expulsion from the regulated 

area, citation for failure to comply, or 

both. 

(4) Unless specifically authorized by 

on scene enforcement vessels, any 

vessel granted permission to enter or 

transit the security zones must comply 

with the instructions of the COTP or 

designated representative and operate at 

bare steerage or no-wake speed while 

transiting through the Security Zone, 

and must not loiter, stop, or anchor, and 

shall do so for the entirety of its time 

within the boundaries of the security 

zones. 

(d) Enforcement. (1) This security 

zone is effective from 11 a.m. on March 

9, 2022, through 11:59 p.m. on March 

11, 2022. 

(2) This security zone will be enforced 

with actual notice by the U.S. Coast 

Guard representatives on-scene, as well 

as other methods listed in 33 CFR 165.7. 

The Coast Guard will enforce the 

security zone created by this section 

only when it is necessary for the 

protection and security of the VIPs 

attending the Democratic National 

Caucus in the vicinity of Penns Landing 

located in Philadelphia, PA. The U.S. 

Coast Guard may be additionally 

assisted in the patrol and enforcement 

of the zone by Federal, State, and local 

agencies. 

Dated: March 3, 2022. 

Jonathan D. Theel, 

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

Port, Delaware Bay. 

[FR Doc. 2022–04904 Filed 3–8–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0130] 

Safety Zone; Spirit Lake Dredging 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the USX Superfund Site Safety Zones: 

St. Louis River, and this notice of 

enforcement serves as a reminder to 

mariners this is still an enforced safety 

zone under Coast Guard regulations. 

Our regulation for safety zones within 

the Ninth Coast Guard District identifies 

this area as a regulated area within 

Spirit Lake Duluth, MN. 

DATES: The regulations in 33 CFR 

165.905(a)(1) and (2) will be enforced 

from April 4, 2022, through September 

15, 2022. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LTJG Joseph 

R. McGinnis, MSU Duluth Waterways 

Management, U.S. Coast Guard; 

telephone 218–725–3818, email D09- 

SMB-MSUDuluthWWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the USX Superfund 

Site Safety Zone: St. Louis River, and 

this notice of enforcement serves as a 

reminder to mariners this is still an 

enforced safety zone under 33 CFR 


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Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 13171 

1Public Law 116–260, sec. 212, 134 Stat. 1182, 

2176 (2020). 

2 86 FR 16156, 16161 (Mar. 26, 2021). 

3 17 U.S.C. 1506(aa)(1). 

4 Id. at 1506(aa)(2)(B). 

5 Id. at 1506(aa)(4). The CASE Act’s legislative 

history does not discuss the library and archives 

opt-out provision. See generally S. Rep. No. 116– 

105 (2019); H.R. Rep. No. 116–252 (2019) (Note, the 

CASE Act’s legislative history cited is for the CASE 

Act of 2019, S. 1273, 116th Cong. (2019) and H.R. 

2426, 116th Cong. (2019), bills largely identical to 

the CASE Act of 2020, with the notable exception 

that these earlier bills did not contain the libraries 

and archives opt-out provision.). 

6 Id. at 1507(b)(2). 

7 86 FR 49273 (Sept. 2, 2021). Comments received 

in response to the March 26, 2021 NOI and 

September 2, 2021 NPRM are available at https:// 

www.regulations.gov/document/COLC-2021-0001- 

0001/comment and https://www.regulations.gov/ 

document/COLC-2021-0003-0001/comment, 

respectively. References to these comments are by 

party name (abbreviated where appropriate), 

followed by ‘‘Initial NOI Comments,’’ ‘‘Reply NOI 

Comments,’’ or ‘‘NPRM Comments,’’ as appropriate. 8 86 FR at 16161; 86 FR at 49274–77. 

9 86 FR at 49275 (quoting 17 U.S.C. 1506(aa)(4)). 

10 Id. 11 Id. The Office takes a similar approach 

regarding registration materials. See U.S. Copyright 

Office, Compendium of U.S. Copyright Office 

Practices sec. 309.2 (3d ed. 2021). 

165.905(a)(1) and (2). The USX 

Superfund Site Safety Zone: St. Louis 

River, includes Safety Zone #1 (North 

Spirit Lake): North Boundary 46°41′33′′ 

W, South Boundary 46°41′18′′ W, East 

Boundary 92°11′53′′ W, West Boundary 

92°12′11′′ W, and Safety Zone #2 (South 

Spirit Lake): North Boundary 46°40′45′′ 

N, South Boundary 46°40′33′′ N, East 

Boundary 92°11′40′′ W, West Boundary 

92°12′05′′ W. Transit of vessels through 

the waters covered by these zones is 

prohibited. Swimming (including water 

skiing or other recreational use of the 

water which involves a substantial risk 

of immersion in the water) or taking of 

fish (including all forms of aquatic 

animals) from the waters covered by 

these safety zones is prohibited at all 

times. Our regulation for safety zones 

within the Ninth Coast Guard District 

identifies this area is a regulated area 

within Spirit Lake Duluth, MN. In 

addition to this notice of enforcement in 

the Federal Register, the Coast Guard 

plans to provide notification of this 

enforcement period via the Local Notice 

to Mariners and marine information 

broadcasts. 

Dated: March 3, 2022. 

Frances M. Smith, 

Captain of the Port MSU Duluth, CDR, U.S. 

Coast Guard. 

[FR Doc. 2022–04905 Filed 3–8–22; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

U.S. Copyright Office 

37 CFR Part 223 

[Docket No. 2021–4] 

Small Claims Procedures for Library 

and Archives Opt-Outs and Class 

Actions 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: The U.S. Copyright Office is 

issuing a final rule regarding the 

procedures for libraries and archives to 

preemptively opt out of proceedings 

before the Copyright Claims Board 

(‘‘CCB’’) and the procedures for a party 

before the CCB with respect to a class 

action proceeding, under the Copyright 

Alternative in Small-Claims 

Enforcement Act of 2020. 

DATES: Effective April 8, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Megan Efthimiadis, Assistant to the 

General Counsel, by email at meft@

copyright.gov, or by telephone at 202– 

707–8350. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Copyright Alternative in SmallClaims Enforcement (‘‘CASE’’) Act of 

2020 1 directs the Copyright Office to 

establish the Copyright Claims Board 

(‘‘CCB’’ or ‘‘Board’’), a voluntary 

tribunal within the Office comprised of 

three Copyright Claims Officers who 

have the authority to render 

determinations on certain copyright 

claims for economic recoveries under 

the statutory threshold. The Office 

issued a notification of inquiry (‘‘NOI’’) 

to describe the CASE Act’s legislative 

background and regulatory scope and to 

ask for public input on various topics, 

including procedures addressing a 

preemptive opt-out from CASE Act 

proceedings (sometimes referred to as a 

‘‘blanket’’ opt-out) for libraries and 

archives and procedures associated with 

class actions.2

The CASE Act directs the Register of 

Copyrights to ‘‘establish regulations 

allowing for a library or archives that 

does not wish to participate in 

proceedings before the Copyright Claims 

Board to preemptively opt out of such 

proceedings.’’ 3 The Office must also 

‘‘compile and maintain a publicly 

available list of the libraries and 

archives that have successfully opted 

out of proceedings.’’ 4 For a library or 

archives to qualify for the opt-out 

election, it must ‘‘qualif[y] for the 

limitations on exclusive rights under 

section 108 [of title 17].’’ 5

The CASE Act also provides that the 

Register will establish procedures for a 

claimant ‘‘who receives notice of a 

pending class action, arising out of the 

same transaction or occurrence as the 

proceeding before the [CCB],’’ including 

the ability to ‘‘opt out of the class 

action.’’ 6

In September 2021, the Office 

published a notice of proposed 

rulemaking (‘‘NPRM’’) addressing these 

two topics in depth and proposing 

regulatory language.7 In both the NOI 

and the NPRM, the Office requested 

input on issues related to the library and 

archives opt-out provision, including 

whether the Office should require proof 

or a certification that a library or 

archives qualifies for the opt-out 

provision; which entities, principals, or 

agents should be allowed to opt out on 

behalf of a library or archives; how the 

opt-out provision would apply to library 

or archives employees; and various 

transparency and functionality 

considerations related to publication of 

the opt-out list.8 Commenters were 

generally supportive of the proposed 

library and archives opt-out regulations, 

with the exception of the matters 

addressed below. No parties submitted 

comments addressing the proposed 

class action regulations. The Office is 

adopting the proposed class action 

regulations with one clarification, as 

addressed below. 

II. Discussion of Final Rule 

A. Proof or Certification Requirement 

The Office’s NPRM proposed ‘‘that 

any library or archives that wishes to 

take advantage of the statutory 

preemptive opt-out option must submit 

a self-certification that it ‘qualifies for 

the limitations on exclusive rights under 

section 108.’ ’’ 9 The Office explained 

that this requirement could ‘‘balance the 

statutory goals of ensuring that only 

libraries and archives are eligible for a 

preemptive opt-out, but also that any 

such entities are not overly burdened in 

effecting that election.’’ 10 The proposed 

rule also stated that any library or 

archives that had preemptively opted 

out, but that was later found by a federal 

court not to qualify for the section 108 

exemptions, must report this finding to 

the CCB. 

The Office proposed to ‘‘accept the 

facts stated in the opt-out submission 

unless they are implausible or conflict 

with sources of information that are 

known to the Office or the general 

public.’’ 11 Where the CCB believes that 

an entity does not qualify under section 

108, that entity would be not be added 

to, or would be removed from, the 

preemptive opt-out list. The Office 

would communicate its conclusion and 


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