Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Rules and Regulations 20705 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2022–0262] 

Safety Zones; Recurring Safety Zones 

in Captain of the Port Sault Sainte 

Marie Zone for Events Beginning in 

May 2022 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

established safety zones for maritime 

events starting in May 2022 to provide 

for the safety of life on navigable 

waterways. Our regulation for safety 

zones within the Captain of the Port 

Sault Sainte Marie Zone identifies the 

regulated area for these safety zones. 

During the enforcement periods, vessels 

must stay out of the established safety 

zone and may only enter with 

permission from the designated 

representative of the Captain of the Port 

Sault Sainte Marie. 

DATES: The regulations in 33 CFR 

165.918 will be enforced for the safety 

zones identified in Table 1 of the 

SUPPLEMENTARY INFORMATION section 

below for the dates and times specified. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this 

publication, call or email Waterways 

Management division, LT Deaven 

Palenzuela, Coast Guard Sector Sault 

Sainte Marie, U.S. Coast Guard; 

telephone 906–635–3223, email 

ssmprevention@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zones in 

33 CFR 165.918 as per the time, dates, 

and locations in Table 1. 

TABLE 1 

[Datum NAD 1983] 

Event Location Event date * 

(1) Mackinaw Area Visitors Bureau’s Tuesday and Friday Night Fireworks; Mackinaw City, MI.All U.S. navigable waters of the Straits of Mackinac 

within an approximate 1,000-foot radius from the fireworks launch site located in position 45°46′28′′ N, 

084°43′12′′ W.

—May 27, 30, 31. 

—June 7, 10, 14, 17, 21, 24, 28. 

—July 1, 4, 8, 12, 15, 19, 22, 26, 29. 

—August 2, 5, 9, 12, 16, 19, 23, 26, 30. 

—September 2, 5, 9, 16, 23, 30. 

8:30 p.m. to 11 p.m. 

(4) Festivals of Fireworks Celebration Fireworks; St. Ignace, MI.All U.S. navigable waters of East Moran Bay within an 

approximate 1,000-foot radius from the fireworks 

launch site at the end of the Starline Mill Slip, centered in position: 45°52′24.62′′ N, 084°43′18.13′′ W.

—May 28. 

—June 25. 

—July 4, 9, 16, 23, 30. 

—August 6, 13, 20, 27. 

—September 3. 

9:00 p.m. to 11:00 p.m. 

* Alternative rain date is following day, if needed. 

This action is being taken to provide 

for the safety of life on navigable 

waterways during the fireworks 

displays. The regulations for safety 

zones within the Captain of the Port 

Sault Sainte Marie Zone, § 165.918, 

apply for these fireworks displays. 

This notification of enforcement is 

issued under authority of 33 CFR 

165.918 and 5 U.S.C. 552 (a). In addition 

to this notification of enforcement in the 

Federal Register, the Coast Guard will 

provide the maritime community with 

advance notification of this enforcement 

period via Broadcast Notice to Mariners 

or Local Notice to Mariners. If the 

Captain of the Port Sault Sainte Marie 

determines that the safety zone need not 

be enforced for the full duration stated 

in this notice he or she may use a 

Broadcast Notice to Mariners to grant 

general permission to enter the 

respective safety zone. 

Dated: April 5, 2022. 

A.R. Jones, 

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

Port Sault Sainte Marie. 

[FR Doc. 2022–07539 Filed 4–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0176] 

RIN 1625–AA00 

Safety Zone; Columbia River, Rufus, 

OR 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary emergency 

safety zone within 200 yards of a power 

line lying across the Columbia River, 

approximately 300 yards west of the 

John Day Lock and Dam. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards associated with 

the repair of the damaged power line 

that is 10 ft above the water line. Entry 

of vessels or persons into this zone is 

prohibited unless specifically 

authorized by the Captain of the Port 

Columbia River. 

DATES: This rule is effective without 

actual notice from April 8, 2022, 

through April 10, 2022. For the 

purposes of enforcement, actual notice 

will be used from April 4, 2022, until 

April 8, 2022. 


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20706 Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Rules and Regulations 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0176 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email Lieutenant Sean V. Murphy, 

Waterways Management, Marine Safety 

Unit Portland, U.S. Coast Guard, 

telephone 503–240–2594, email 

Sean.V.Murphy@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 Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary 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)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because a 

power line is laying across the Columbia 

River, 10 feet above the waterline, and 

immediate action is needed to protect 

the public from dangers associated with 

its existence and repair. It is 

impracticable to publish an NPRM 

because we must establish this safety 

zone on April 4, 2022. 

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

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with the damaged power line 

laying across the Columbia River. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

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

Captain of the Port Columbia River 

(COTP) has determined that potential 

hazards associated with a damaged 

power line laying across the Columbia 

River, approximately 300 yards west of 

the John Day Lock and Dam, will be a 

safety concern for anyone within 200 

yards of the power line. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

while the power line is repaired. 

IV. Discussion of the Rule 

This rule establishes a safety zone 

from April 4, 2022, until April 10, 2022. 

The safety zone will cover all navigable 

waters within 200 yards of the power 

line laying across the Columbia River, 

approximately 300 yards west of the 

John Day Lock and Dam. The duration 

of the zone is intended to protect 

personnel, vessels, and the marine 

environment in these navigable waters 

while the power line is being repaired. 

No vessel or person will be permitted to 

enter the safety zone without obtaining 

permission from the COTP or a 

designated representative. 

V. 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 size, location, and 

duration of the safety 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 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 call or email 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 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 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 


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Federal Register / Vol. 87, No. 68 / Friday, April 8, 2022 / Rules and Regulations 20707 

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

2176 (2020). 

2 17 U.S.C. 1502(a), 1504(e)(1)(D); see, e.g., H.R. 

Rep. No. 116–252, at 17–20 (2019); S. Rep. No. 116– 

105, at 11 (2019). Note, the CASE Act legislative 

history cited is for H.R. 2426 and S. 1273, the CASE 

Act of 2019, a bill nearly identical to the CASE Act 

of 2020. See H.R. 2426, 116th Cong. (2019); S. 1273, 

116th Cong. (2019). 

3 17 U.S.C. 1504(c)(1)–(3). 

4See id. at 1504(a); H.R. Rep. No. 116–252, at 17, 

21; S. Rep. No. 116–105, at 3, 11. 

5 17 U.S.C. 1507(a)(3); H.R. Rep. No. 116–252, at 

21–22, 33; S. Rep. No. 116–105, at 14. 

6 17 U.S.C. 1506(a)(1). 

7 Id. at 1506(d)(2); see also S. Rep. No. 116–105, 

at 4 (‘‘Parties may also rely upon law school legal 

clinics to represent them before the Board.’’); H.R. 

Rep. No. 116–252, at 17 (‘‘Parties may . . . be 

represented . . . by a law student acting pro 

bono.’’). 

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 that will prohibit entry within 200 

yards of a damaged power cable that is 

laying across the Columbia River, 

approximately 300 yards west of the 

John Day Lock and Dam. It is 

categorically excluded from further 

review under paragraph L 60(c) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 

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.T13–0176 to read as 

follows: 

§ 165.T13–0176 Safety Zone; Safety Zone; 

Columbia River, Rufus, OR. 

(a) Location. The following area is a 

safety zone: All waters of the Columbia 

River, from surface to bottom, 200 yards 

around a line connecting the following 

points: 45°42′51′′ N, 120°42′39′′ W and 

45°42′22.9′′ N, 120°42′28.1′′ W. These 

coordinates are based on the 1984 

World Geodetic System. 

(b) Definitions. As used in this 

section, 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 Columbia River (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 contacting the Sector 

Columbia River at 503–861–6212. 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 April 4, 2022, to 

April 10, 2022. 

Dated: April 4, 2022. 

M. Scott Jackson, 

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

Columbia River. 

[FR Doc. 2022–07515 Filed 4–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Parts 201, 232, and 234 

[Docket No. 2021–9] 

Copyright Claims Board: Law Student 

and Business Entity Representation 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: The U.S. Copyright Office is 

issuing a final rule establishing 

procedures governing the appearance of 

law student representatives and 

representatives of business entities in 

proceedings before the Copyright Claims 

Board. 

DATES: Effective May 9, 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 

(‘‘Office’’) to establish the Copyright 

Claims Board (‘‘CCB’’), an alternative 

forum to federal court in which parties 

may seek resolution of copyright 

disputes that have a total monetary 

value of $30,000 or less.2 The CCB has 

the authority to hear copyright 

infringement claims, claims seeking a 

declaration of noninfringement, and 

misrepresentation claims under 17 

U.S.C. 512(f).3 Participation in the CCB 

is voluntary for all parties 4 and all 

determinations are non-precedential.5

The CASE Act directs the Register of 

Copyrights to establish the regulations 

by which the CCB will conduct its 

proceedings, subject to the provisions of 

chapter 15 and relevant principles of 

law under title 17 of the United States 

Code.6 The CASE Act also provides that 

any party in a CCB proceeding may be 

represented by ‘‘a law student who is 

qualified under applicable law 

governing representation by law 

students of parties in legal proceedings 

and who provides such representation 

on a pro bono basis.’’ 7

In December 2021, the Office issued a 

notice of proposed rulemaking 

(‘‘NPRM’’), proposing regulations 

governing the representation of parties 


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