100346 Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Rules and Regulations 

of economically significant regulatory 

actions that concern an environmental 

health risk or safety risk that an agency 

has reason to believe may 

disproportionately affect children. As 

explained elsewhere in this preamble, 

OSHA has determined that this final 

rule is not an economically significant 

regulatory action. In addition, this rule 

is intended to protect workers of all 

ages, and OSHA has no information that 

children comprise a disproportion share 

of the affected workforce. To the extent 

older children are employed in the 

construction industry, this final rule 

will have a protective effect on these 

older children by ensuring that they are 

provided properly fitting PPE. OSHA 

has therefore determined that this rule 

will not disproportionately affect 

children or have any adverse impact on 

children. Accordingly, Executive Order 

13045, Protection of Children from 

Environmental Health Risks and Safety 

Risks, requires no further agency action 

or analysis. 

XIII. Environmental Impacts 

OSHA has reviewed the final rule 

according to the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321 et seq.), the 

regulations of the Council on 

Environmental Quality (40 CFR part 

1500 et seq.), and the Department of 

Labor’s NEPA procedures (29 CFR part 

11). 

Pursuant to 29 CFR 11.10 and 

consistent with CEQ regulations, the 

promulgation, modification, or 

revocation of any safety standard is 

categorically excluded from the 

requirement to prepare an 

environmental assessment under NEPA 

absent extraordinary circumstances 

indicating the need for such an 

assessment. OSHA finds that this final 

rule presents no such extraordinary 

circumstances. 

List of Subjects in 29 CFR Part 1926 

Construction, Personal protective 

equipment, Occupational safety and 

health. 

Authority and Signature 

Douglas L. Parker, Assistant Secretary 

of Labor for Occupational Safety and 

Health, authorized the preparation of 

this document under the authority 

granted by sections 4, 6, and 8 of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 653, 655, 657), 5 U.S.C. 

553, Secretary of Labor’s Order No. 8– 

2020 (85 FR 58393), and 29 CFR part 

1911. 

Signed at Washington, DC. 

Douglas L. Parker, 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

Final Regulatory Text 

Amendments to Standards 

For the reasons stated in the 

preamble, OSHA amends 29 CFR part 

1926 to read as follows: 

PART 1926—OCCUPATIONAL SAFETY 

AND HEALTH STANDARDS 

Subpart E—Personal Protective and 

Life Saving Equipment 

■ 1. The authority citation for subpart E 

is revised to read as follows: 

Authority: 40 U.S.C. 3701 et seq.; 29 

U.S.C. 653, 655, 657; Secretary of Labor’s 

Order No. 12–71 (36 FR 8754), 8–76 (41 FR 

25059), 9–83 (48 FR 35736), 1–90 (55 FR 

9033), 6–96 (62 FR 111), 5–2002 (67 FR 

65008), 5–2007 (72 FR 31160), 4–2010 (75 FR 

55355), 1–2012 (77 FR 3912), or 8–2020 (85 

FR 58393), as applicable; and 29 CFR part 

1911. 

■ 2. Amend § 1926.95 by revising 

paragraph (c) to read as follows: 

§ 1926.95 Criteria for personal protective 

equipment. 

* * * * * 

(c) Design and selection. Employers 

must ensure that all personal protective 

equipment: 

(1) Is of safe design and construction 

for the work to be performed; and 

(2) Is selected to ensure that it 

properly fits each affected employee. 

* * * * * 

[FR Doc. 2024–29220 Filed 12–11–24; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2024–1055] 

RIN 1625–AA00 

Safety Zone, Lower Mississippi River, 

Natchez, MS 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

navigable waters on the Lower 

Mississippi River from mile marker 

364.4 to mile marker 365.5. The safety 

zone is needed to protect personnel, 

vessels, and the marine environment 

from potential hazards created by 

waterborne fireworks display with a 

fallout zone of approximately 350 feet 

around the barge. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port, Sector Lower 

Mississippi River. 

DATES: This rule is effective December 

31, 2024, from 6 p.m. through 7 p.m. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2024– 

1055 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 about this rule, call 

or email MST1 Peter Buczakowski, U.S. 

Coast Guard; telephone 901–208–0311, 

email Peter.L.Buczakowski@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 under the authority in 5 

U.S.C. 553(b)(B). This statutory 

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.’’ 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. The NPRM process 

would delay the establishment of the 

safety zone until after the date of the 

event and compromise public safety. We 

must establish this temporary safety 

zone by December 31, 2024, and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

Also, 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 contrary to the public 

interest because action is needed to 

respond to the potential safety hazards 

associated with the waterborne 

fireworks displays on December 31, 

2024. 


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Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Rules and Regulations 100347 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034. The 

Captain of the Port Sector Lower 

Mississippi River (COTP) has 

determined that potential hazards 

associated with a waterborne fireworks 

display will be a safety concern for 

anyone located on the Lower 

Mississippi River mile markers 364.4 to 

mile marker 365.5. This rule is needed 

to protect personnel, vessels, and the 

marine environment in the navigable 

waters within the safety zone during the 

operation of the waterborne fireworks 

display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone on December 31, 2024, from 

6 p.m. through 7 p.m. The safety zone 

will cover all navigable waters on the 

Lower Mississippi River from mile 

marker 364.4 to mile marker 365.5. The 

duration of the zone is intended to 

protect personnel, vessels, and the 

marine environment in these navigable 

waters during the operation of the 

waterborne fireworks display. 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 

section 3(f) of Executive Order 12866, as 

amended by Executive Order 14094 

(Modernizing Regulatory Review). 

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 temporary safety zone. 

This temporary safety zone will 

temporarily restrict navigation on the 

Lower Mississippi River from mile 

marker 364.4 to mile marker 365.5, in 

the vicinity of Natchez, MS, on 

December 31, 2024, from 6 p.m. through 

7 p.m. 

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 

temporary 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 

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 

temporary safety zone lasting only one 

hour that will prohibit entry on the 

Lower Mississippi River from mile 

marker 364.4 to mile marker 365.5. 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 


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100348 Federal Register / Vol. 89, No. 239 / Thursday, December 12, 2024 / Rules and Regulations 

1 17 U.S.C. 111(d)(1)(B). 

2 Id. at 111(d)(2). The Office distributes those 

royalties in accordance with periodic distribution 

orders issued by the Copyright Royalty Board 

(‘‘CRB’’). Id. 

3Compulsory License for Cable Systems, 42 FR 

61051, 61054 (Dec. 1, 1977) (explaining benefits of 

using a standard SOA form, referencing the 

Copyright Royalty Tribunal, a precursor to the 

current Copyright Royalty Judges system). See 17 

U.S.C. 111(d)(1)(A). 

4 17 U.S.C. 111(d)(1)(A). 

5 17 U.S.C. 111(d)(1). 

6 37 CFR 201.17(e)(6) and (7). 

7 Id. § 201.17(d). The SOA forms are available in 

PDF and Excel format on the Office’s website at 

https://www.copyright.gov/licensing/sec_111.html. 

8 17 U.S.C. 111(d)(2) (1977). 

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, 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. 

■ 2. Add § 165.T08–1055 to read as 

follows: 

§ 165.T08–1055 Safety Zone; Lower 

Mississippi River, Natchez, MS 

(a) Location. The following area is a 

temporary safety zone: All navigable 

waters on the Lower Mississippi River 

from mile marker 364.4 to mile marker 

365.5 in the vicinity of Natchez, MS. 

(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 Sector Lower Mississippi 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 

temporary 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–FM channel 16 

or by telephone at 314–269–2332. 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 6 p.m. through 7 

p.m. on December 31, 2024. 

(e) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: December 03, 2024. 

Kristi L. Bernstein, 

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

Port Sector Lower Mississippi River. 

[FR Doc. 2024–29089 Filed 12–11–24; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. 2005–6] 

Statutory Cable, Satellite, and DART 

License Reporting Practices 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: The U.S. Copyright Office 

(‘‘Office’’) is issuing a final rule 

governing royalty reporting practices of 

cable operators, and the Statement of 

Account form and filing requirements. 

This final rule makes regulatory changes 

regarding procedures for cable system 

operators. In some areas, similar 

changes are being made to the 

regulations governing statutory licenses 

for satellite carriers and digital audio 

recording devices or media. 

DATES: Effective January 27, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Rhea Efthimiadis, Assistant to the 

General Counsel, by email at meft@

copyright.gov, or by telephone at 202– 

707–8350. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Statutory Background 

Section 111 of the Copyright Act 

(‘‘Act’’), title 17 of the United States 

Code, provides cable operators with a 

statutory license to retransmit a 

performance or display of a work 

embodied in a ‘‘primary transmission’’ 

made by a television station licensed by 

the Federal Communications 

Commission (‘‘FCC’’). Cable operators 

that retransmit broadcast signals in 

accordance with this provision are 

required to pay royalty fees to the 

Copyright Office (‘‘Office’’), among 

other requirements. The royalty 

amounts are determined based on a 

specified percentage of cable operators’ 

reported gross receipts collected for 

secondary transmissions, as well as 

additional amounts for any distant 

signal equivalent (‘‘DSEs’’) carried by 

the cable system.1 These royalty fees are 

remitted semi-annually to the Office, 

which invests the royalties in United 

States Treasury securities pending 

distribution to copyright owners eligible 

to receive a share of the royalties.2

In conjunction with their royalty 

payments, cable operators must 

complete and file statements of account 

(‘‘SOAs’’), which provide a record 

regarding their retransmissions and 

associated royalty payments to 

‘‘promote uniform and accurate 

reporting, assist cable operators in 

meeting their obligations under the Act 

and regulations, and aid copyright 

owners, the Copyright Office, and the 

Copyright [Royalty Judges] in reviewing 

and using the information provided.’’ 3

Section 111 identifies a variety of 

information that must be reported to the 

Copyright Office on the SOA, including 

the number of channels by which the 

system made secondary transmissions, 

the names and locations of all primary 

transmitters used, and, as particularly 

relevant here, the ‘‘total number of 

[cable system] subscribers’’ and the 

‘‘gross amounts’’ paid to the cable 

system by these subscribers ‘‘for the 

basic service of providing secondary 

transmissions of primary broadcast 

transmitters.’’ 4

Section 111 tasks the Register of 

Copyrights (‘‘Register’’) with prescribing 

the specific requirements for the SOA 

by regulation.5

B. Regulatory Background 

As directed by section 111, the Office 

has adopted regulations to implement 

the statute’s reporting requirements 6 as 

well as the design of the SOA form.7 In 

1977, to address the law’s requirement 

that the ‘‘number of subscribers’’ and 

‘‘gross amounts’’ paid to cable operators 

be reported,8 the Office ‘‘proposed . . . 

that the number of subscribers be 

accompanied by certain related 

information concerning subscriber 

categories and charges in order 

reasonably to accomplish this 


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