18340 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Proposed Rules 

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 

AREA 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.T08–0190 to read as 

follows: 

§ 165.T08–0190 Safety Zone; Sabine River, 

Orange, Texas. 

(a) Location. The following area is a 

safety zone: all navigable waters of the 

Sabine River, extending the entire width 

of the river, adjacent to the public boat 

ramp located in Orange, TX, bounded to 

the north by the Orange Public Wharf 

and latitude 30°05′50′′ N and to the 

south at latitude 30°05′33′′ N. The 

duration of the safety zone is intended 

to protect participants, spectators, and 

other persons and vessels, in the 

navigable waters of the Sabine River 

during high-speed boat races and will 

include breaks and opportunity for 

vessels to transit through the regulated 

area. 

(b) Effective period. This section is 

effective from 9 a.m. on May 21, 2022, 

through 6 p.m. on May 22, 2022. 

(c) Enforcement periods. This section 

will be enforced from 9 a.m. through 6 

p.m. daily. 

(d) Regulations. (1) In accordance 

with the general regulations in § 165.23, 

entry of vessels or persons into this zone 

is prohibited unless authorized by the 

Captain of the Port Marine Safety Unit 

Port Arthur (COTP) or a designated 

representative. They may be contacted 

on VHF–FM channel 13 or 16, or by 

phone at by telephone at 409–719–5070. 

(2) The COTP or a designated 

representative may forbid and control 

the movement of all vessels in the 

regulated area. When hailed or signaled 

by an official patrol vessel, a vessel shall 

come to an immediate stop and comply 

with the directions given. Failure to do 

so may result in expulsion from the 

area, citation for failure to comply, or 

both. 

(3) The COTP or a designated 

representative may terminate the event 

or the operation of any vessel at any 

time it is deemed necessary for the 

protection of life or property. 

(4) The COTP or a designated 

representative will terminate 

enforcement of the special local 

regulations in this section at the 

conclusion of the event. 

(e) Informational broadcasts. The 

COTP or a designated representative 

will inform the public of the effective 

period for the safety zone as well as any 

changes in the dates and times of 

enforcement through Local Notice to 

Mariners (LNMs), Broadcast Notices to 

Mariners (BNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

Dated: March 23, 2022. 

Molly A. Wike, 

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

Port, Marine Safety Zone Port Arthur. 

[FR Doc. 2022–06671 Filed 3–29–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0200] 

RIN 1625–AA00 

Safety Zone; Hydroplane and Raceboat 

Museum Test Area, Lake Washington, 

WA 

AGENCY: Coast Guard, Homeland 

Security (DHS). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish a temporary safety zone for 

all navigable waters within a 4,000-yard 

oval radius off the Stan Sayres Memorial 

Hydroplane Pits downward to the 

Adams Street Boat Ramp on Lake 

Washington. The safety zone is needed 

to protect personnel, vessels, and the 

marine environment from potential 

hazards in the vicinity of the Stan 

Sayres Memorial Park and Boat Launch 

and Adams Street Boat Ramp associated 

with test trials of a hydroplane race 

boat. This proposed rulemaking would 

prohibit persons and vessels from being 

in the safety zone unless specifically 

authorized by the Captain of the Port 

Sector Puget Sound or a designated 

representative. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before April 14, 2022. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2022–0200 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 Mr. Rob 

Nakama, Sector Puget Sound Waterways 

Management Division, U.S. Coast 

Guard; telephone 206–217–6089, email 

SectorPugetSoundWWM@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 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

On January 26, 2022, the Hydroplane 

and Raceboat Museum notified the 

Coast Guard that it will be conducting 

test trials of a high speed watercraft on 

Lake Washington from 10 a.m. until 2 

p.m. on May 24, 2022. Hazards 

associated with the test trial of a high 

speed watercraft include vessel 

collisions, unusual wake and accidental 

catastrophic human injury or death. The 

Captain of the Port Sector Puget Sound 

(COTP) has determined that potential 

hazards associated with the test trial 

would be a safety concern for anyone 

within a 4,000-yard oval radius of the 

planned test area. The purpose of this 

rulemaking is to ensure the safety of 

vessels and the navigable waters within 

a 4,000-yard radius of the test area 

before, during, and after the scheduled 

event. 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 

safety zone from 10 a.m. until 2 p.m. on 

May 24, 2022. The safety zone would 

cover all navigable waters within a 

4,000-yard oval radius from position 

47°34′31′′ N, 122°16′34′′ W, thence to 

position 47°34′02′′ N, 122°15′44′′ W, 150 

yards offshore of the Stan Sayres 

Memorial Hydroplane Pits downward to 

150 yards off the Adams Street Boat 

Ramp which will be marked with buoys, 

located on Lake Washington. These 

coordinates are based on World 

Geodetic System (WGS 84). The 


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Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Proposed Rules 18341 

duration of the zone is intended to 

ensure the safety of vessels and these 

navigable waters before, during, and 

after the Hydroplane and Raceboat 

Museum conducts its test trials. No 

vessel or person would be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. A designated 

representative means a Coast Guard 

Patrol Commander, including a Coast 

Guard coxswain, petty officer, or other 

officer operating a Coast Guard vessel 

and a Federal, State, and local officer 

designated by or assisting the COTP in 

the enforcement of the regulations in 

this section. To seek permission to 

enter, contact the COTP or the COTP’s 

representative by calling the Sector 

Puget Sound Command Center at 206– 

217–6002. Those in the safety zone must 

comply with all lawful orders or 

directions given to them by 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 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 

Executive Order 12866. Accordingly, 

this rule has not been reviewed by the 

Office of Management and Budget 

(OMB). 

This regulatory action determination 

is based on the fact that the safety zone 

created by this rule is limited in size 

and duration. Vessel traffic will be able 

to safely transit around this safety zone 

which would impact a small designated 

area of Lake Washington. 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 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 IV.A above, 

this rule will 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 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. 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 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 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 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 proposed rule 

involves a safety zone lasting only 4 

hours that will prohibit entry within the 

marked area off the Stan Sayres 

Memorial Hydroplane Pits and Adams 

Street Boat Ramp, located on Lake 

Washington. It is categorically excluded 

from further review under paragraph 

L60(c) of Appendix A, Table 1 of DHS 

Instruction Manual 023–01–001–01, 

Rev. 1. 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. 


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18342 Federal Register / Vol. 87, No. 61 / Wednesday, March 30, 2022 / Proposed Rules 

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–2022–0200 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.T13–0200 to read as 

follows: 

§ 165.T13–0200 Safety Zone; Hydroplane 

and Raceboat Museum Test Area, Lake 

Washington, WA. 

(a) Location. The safety zone will 

cover all navigable waters within a 

4,000-yard oval radius drawn from 

47°34′31′′ N, 122°16′34′′ W, thence to 

position 47°34′02′′ N, 122°15′44′′ W, 150 

yards offshore of the Stan Sayres 

Memorial Hydroplane Pits downward to 

150 yards off the Adams Street Boat 

Ramp which will be marked with buoys, 

located on Lake Washington. These 

coordinates are based on World 

Geodetic System (WGS 84). 

(b) Definitions. As used in this 

section, a designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sector Puget Sound (COTP) in 

the enforcement of the safety zone. 

(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 VHF Channel 16. 

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 10 a.m. until 2 

p.m. on May 24, 2022. 

Dated: March 24, 2022. 

P.M. Hilbert, 

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

Port Sector Puget Sound. 

[FR Doc. 2022–06657 Filed 3–29–22; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 385 

[Docket No. 21–CRB–0001–PR (2023–2027)] 

Determination of Royalty Rates and 

Terms for Making and Distributing 

Phonorecords (Phonorecords IV) 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: The Copyright Royalty Judges 

withdraw a proposed rule that would 

have set continued, unaltered rates and 

terms for subpart B configurations 

subject to the statutory license to use 

nondramatic musical works to make and 

distribute phonorecords of those works 

(the Mechanical License). 

DATES: The Copyright Royalty Board is 

withdrawing the proposed rule 

published June 25, 2021 (86 FR 33601) 

as of March 24, 2022. 

ADDRESSES: Docket: For access to the 

docket to read background documents 

or comments received, go to eCRB at 

https://app.crb.gov and perform a case 

search for docket 21–CRB–0001–PR 

(2023–2027). 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, Program Specialist, (202) 

707–7658, crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Copyright Royalty Judges (Judges) 

received a Motion to Adopt Settlement 

of Statutory Royalty Rates and Terms for 

Subpart B Configurations (Motion) from 

National Music Publishers’ Association, 

Inc. and Nashville Songwriters 

Association International (together, 

Licensors) and Sony Music 

Entertainment, UMG Recordings, Inc., 

and Warner Music Group Corp. 

(together, Labels). The Licensors and 

Labels (together, Moving Parties) sought 

approval of a partial settlement of the 

license rate proceeding before the 

Judges titled Determination of Royalty 

Rates and Terms for Making and 

Distributing Phonorecords 

(Phonorecords IV), Docket No. 21–CRB– 

0001–PR (2023–2027). The Moving 

Parties asserted that they had agreed to 

a settlement as to royalty rates and 

applicable regulatory terms relating to 

physical phonorecords, permanent 

downloads, ringtones, and music 

bundles presently addressed in 37 CFR 

part 385, subpart B (Subpart B 

Configurations). The Moving Parties’ 

settlement agreement also addressed 

payment of late fees relating to Subpart 

B Configurations. 


khammond on DSKJM1Z7X2PROD with PROPOSALS