33598 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Proposed Rules 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket Number USCG–2021–0346] 

RIN 1625–AA08 

Special Local Regulation; St. Mary’s 

River, St. George Creek, Piney Point, 

MD 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard is proposing 

to establish temporary special local 

regulations for certain waters of the St. 

Mary’s River. This action is necessary to 

provide for the safety of life on these 

navigable waters located at Piney Point, 

MD, during a high-speed power boat 

demonstration event on October 2, 2021, 

and October 3, 2021. This proposed 

rulemaking would prohibit persons and 

vessels from being in the regulated area 

unless authorized by the Captain of the 

Port Maryland-National Capital Region 

or the Coast Guard Event Patrol 

Commander. We invite your comments 

on this proposed rulemaking. 

DATES: Comments and related material 

must be received by the Coast Guard on 

or before July 26, 2021. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2021–0346 using the Federal 

eRulemaking 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. Ron 

Houck, U.S. Coast Guard Sector 

Maryland-National Capital Region; 

telephone 410–576–2674, email 

Ronald.L.Houck@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

PATCOM Coast Guard Patrol Commander 

§ Section 

U.S.C. United States Code 

II. Background, Purpose, and Legal 

Basis 

The Southern Maryland Boat Club of 

Leonardtown, MD has notified the Coast 

Guard that it will be conducting the 

Southern Maryland Boat Club Piney 

Point Regatta from 8 a.m. to 4 p.m. on 

October 2, 2021, and from 8 a.m. to 4 

p.m. on October 3, 2021. The high-speed 

power boat demonstration event 

consists of approximately 55 

participating vintage and historic race 

boats—including runabouts, v-bottoms, 

tunnel hulls, and hydroplanes—8 to 21 

feet in length. The vessels will be 

participating in an exhibition, operating 

in heats along a marked racetrack-type 

course 1 mile in length and 150 feet in 

width, located in the St. George Creek 

at Piney Point, MD. The regatta is not a 

competition, but rather a demonstration 

of vintage race craft. Hazards from the 

high-speed power boat demonstration 

event include participants operating 

within and adjacent to designated 

navigation channels and interfering 

with vessels intending to operate within 

those channels as well as operating near 

approaches to local public boat 

landings. The COTP, Maryland-National 

Capital Region has determined that 

potential hazards associated with the 

high-speed power boat event would be 

a safety concern for anyone intending to 

participate in this event and for vessels 

that operate within specified waters of 

St. George Creek. 

The purpose of this rulemaking is to 

protect event participants, nonparticipants, and transiting vessels 

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 Maryland-National Capital 

Region proposes to establish special 

local regulations from 7:30 a.m. on 

October 2, 2021, through 5 p.m. on 

October 3, 2021. The regulations would 

be enforced from 7:30 a.m. to 5 p.m. on 

October 2, 2021, and from 7:30 a.m. to 

5 p.m. on October 3, 2021. The 

regulated area would cover all navigable 

waters of St. George Creek within an 

area bounded by a line connecting the 

following points: From the shoreline at 

Cedar Point at position latitude 

38°09′03.4′′ N, longitude 076°29′55.7′′ 

W; thence south along the shoreline to 

Coade Bar at latitude 38°08′22.5′′ N, 

longitude 076°29′19.9′′ W; thence 

southwest across St. George Creek to 

Dodson Point at latitude 38°08′03.8′′ N, 

longitude 076°29′44.6′′ W; thence north 

along the shoreline and the eastern 

extent of the St. George Island (SR–249) 

Bridge to Long Bar (at the entrance to St. 

George Harbor) at latitude 

38°30′13.0′′19′16.0′′ N, longitude 

076°08′50.6′′ W; thence northeast across 

St. George Creek to and terminating at 

the point of origin. The regulated area 

is approximately 1,750 yards in length 

and 940 yards in width. 

This proposed rule provides 

additional information about areas 

within the regulated area and their 

definitions and the restrictions that 

would apply to mariners. These areas 

include ‘‘Race Area,’’ ‘‘Buffer Area,’’ 

and ‘‘Spectator Area.’’ 

The proposed duration of the special 

local regulations and size of the 

regulated area are intended to ensure 

the safety of life on these navigable 

waters before, during, and after the 

high-speed power boat event scheduled 

to take place from 8 a.m. to 4 p.m. on 

October 2, 2021, and from 8 a.m. to 4 

p.m. on October 3, 2021. The COTP and 

the Coast Guard Event PATCOM would 

have authority to forbid and control the 

movement of all vessels and persons, 

including event participants, in the 

regulated area. When hailed or signaled 

by an official patrol, a vessel or person 

in the regulated area would be required 

to immediately comply with the 

directions given by the COTP or Event 

PATCOM. If a person or vessel fails to 

follow such directions, the Coast Guard 

may expel them from the area, issue 

them a citation for failure to comply, or 

both. 

Except for Southern Maryland Boat 

Club Piney Point Regatta participants 

and vessels already at berth, a vessel or 

person would be required to get 

permission from the COTP or Event 

PATCOM before entering the regulated 

area. Vessel operators would be able to 

request permission to enter and transit 

through the regulated area by contacting 

the Event PATCOM on VHF–FM 

channel 16. Vessel traffic would be able 

to safely transit the regulated area once 

the Event PATCOM deems it safe to do 

so. A vessel within the regulated area 

must operate at a safe speed that 

minimizes wake. A person or vessel not 

registered with the event sponsor as a 

participant or assigned as official patrols 

would be considered a spectator. 

Official Patrols are any vessel assigned 

or approved by the Commander, Coast 

Guard Sector Maryland-National Capital 

Region with a commissioned, warrant, 

or petty officer on board and displaying 

a Coast Guard ensign. Official Patrols 

enforcing this regulated area can be 

contacted on VHF–FM channel 16 and 

channel 22A. 

If permission is granted by the COTP 

or Event PATCOM, a person or vessel 

would be allowed to enter the regulated 

area or pass directly through the 

regulated area as instructed. Vessels 

would be required to operate at a safe 

speed that minimizes wake while 

within the regulated area in a manner 


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that would not endanger event 

participants or any other craft. A 

spectator vessel must not loiter within 

the navigable channel while within the 

regulated area. Official patrol vessels 

would direct spectators to the 

designated spectator area. Only 

participant vessels and official patrol 

vessels would be allowed to enter the 

race area. The Coast Guard would 

publish a notice in the Fifth Coast 

Guard District Local Notice to Mariners 

and issue a marine information 

broadcast on VHF–FM marine band 

radio announcing specific event dates 

and times. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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), and 

pursuant to OMB guidance it is exempt 

from the requirements of Executive 

Order 13771. 

This regulatory action determination 

is based on the size and duration of the 

regulated area, which would impact a 

small designated area of St. George 

Creek for 19 total enforcement hours. 

This waterway supports mainly 

recreational vessel traffic, which at its 

peak, occurs during the summer season. 

Although this regulated area extends 

across the entire width of the waterway, 

the rule would allow vessels and 

persons to seek permission to enter the 

regulated area, and vessel traffic that is 

able to do so safely would be able to 

transit the regulated area on the eastern 

portion of the waterway away from the 

event area as instructed by Event 

PATCOM. Such vessels must operate at 

safe speed that minimizes wake and not 

loiter within the navigable channel 

while within the regulated area. 

Moreover, the Coast Guard would issue 

a Broadcast Notice to Mariners via 

VHF–FM marine channel 16 about the 

status of the regulated area. 

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 regulated 

area 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 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 

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 

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 

effects of this 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 implementation of 

regulations within 33 CFR part 100 

applicable to organized marine events 

on the navigable waters of the United 

States that could negatively impact the 

safety of waterway users and shore side 

activities in the event area for 19 total 

enforcement hours. Normally, such 

actions are categorically excluded from 

further review under paragraph L61 of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. 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 


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33600 Federal Register / Vol. 86, No. 120 / Friday, June 25, 2021 / Proposed Rules 

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–2021–0346 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 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard is proposing 

to amend 33 CFR part 100 as follows: 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 46 U.S.C. 70041; 33 CFR 1.05– 

1. 

■ 2. Add § 100.T05–0346 to read as 

follows: 

§ 100.T05–0346 Southern Maryland Boat 

Club Piney Point Regatta, St. Mary’s River, 

St. George Creek, Piney Point, MD. 

(a) Locations. All coordinates are 

based on datum NAD 1983. 

(1) Regulated area. All navigable 

waters of St. George Creek, within an 

area bounded by a line connecting the 

following points: from the shoreline at 

Cedar Point at position latitude 

38°09′03.4′′ N, longitude 076°29′55.7′′ 

W; thence south along the shoreline to 

Coade Bar at latitude 38°08′22.5′′ N, 

longitude 076°29′19.9′′ W; thence 

southwest across St. George Creek to 

Dodson Point at latitude 38°08′03.8′′ N, 

longitude 076°29′44.6′′ W; thence north 

along the shoreline and the eastern 

extent of the St. George Island (SR–249) 

Bridge to Long Bar (at the entrance to St. 

George Harbor) at latitude 38°08′50.6′′ 

N, longitude 076°30′13.0′′ W; thence 

northeast across St. George Creek to and 

terminating at the point of origin. The 

race area, buffer area, and spectator area 

are within the regulated area. 

(2) Race area. The race area is a 

polygon in shape measuring 

approximately 560 yards in length by 

240 yards in width. The area is bounded 

by a line commencing near Hodgson 

Point at position latitude 38°08′38.22′′ 

N, longitude 076°30′02.48′′ W, thence 

southeast to latitude 38°08′24.43′′ N, 

longitude 076°29′50.71′′ W; thence 

southwest to latitude 38°08′20.40′′ N, 

longitude 076°29′58.16′′ W, thence 

northwest to latitude 38°08′34.26′′ N, 

longitude 076°30′09.97′′ W; thence 

northeast to and terminating at the point 

of origin. 

(3) Buffer area. The buffer area is a 

polygon in shape measuring 

approximately 270 feet in all directions 

surrounding the entire race area 

described in paragraph (a)(2) of this 

section. The area is bounded by a line 

commencing near Hodgson Point at 

position latitude 38°08′42.0′′ N, 

longitude 076°30′01.6′′ W; thence 

southeast to latitude 38°08′23.7′′ N, 

longitude 076°29′46.0′′ W, thence 

southwest to latitude 38°08′16.7′′ N, 

longitude 076°29′59.0′′ W; thence 

northwest to latitude 38°08′34.9′′ N, 

longitude 076°30’14.7′′ W, thence 

northeast to and terminating at the point 

of origin. 

(4) Spectator area. The designated 

spectator area is a polygon in shape 

with its length measuring approximately 

475 yards and its width measuring 

approximately 300 yards at its northern 

portion and 50 yards at it southern 

portion. The area is bounded by a line 

commencing at position latitude 

38°08′47.2′′ N, longitude 076°29′52.9′′ 

W; thence southeast to latitude 

38°08′41.9′′ N, longitude 076°29′47.5′′ 

W; thence southwest to latitude 

38°08′37.8′′ N, longitude 076°29′55.3′′ 

W; thence southeast to latitude 

38°08′31.3′′ N, longitude 076°29′50.1′′ 

W, thence southwest to latitude 

38°08′30.4′′ N, longitude 076°29′51.7′′ 

W; thence northwest to latitude 

38°08′42.0′′ N, longitude 076°30′01.6′′ 

W, thence northeast to and terminating 

at the point of origin. 

(b) Definitions. As used in this 

section— 

Buffer area is a neutral area that 

surrounds the perimeter of the race area 

within the regulated area described by 

this section. The purpose of a buffer 

area is to minimize potential collision 

conflicts with marine event participants 

or high-speed power boats and spectator 

vessels or nearby transiting vessels. This 

area provides separation between a race 

area and a specified Spectator Area or 

other vessels that are operating in the 

vicinity of the regulated area established 

by the special local regulations. 

Captain of the Port (COTP) MarylandNational Capital Region means the 

Commander, U.S. Coast Guard Sector 

Maryland-National Capital Region or 

any Coast Guard commissioned, warrant 

or petty officer who has been authorized 

by the COTP to act on his behalf. 

Event Patrol Commander or Event 

PATCOM means a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard who has been designated 

by the Commander, Coast Guard Sector 

Maryland-National Capital Region. 

Official patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Sector Maryland-National 

Capital Region with a commissioned, 

warrant, or petty officer on board and 

displaying a Coast Guard ensign. 

Participant means all persons and 

vessels registered with the event 

sponsor as participating in the 

‘‘Southern Maryland Boat Club Piney 

Point Regatta’’ event, or otherwise 

designated by the event sponsor as 

having a function tied to the event. 


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Race area is an area described by a 

line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of a race area within the 

regulated area defined by this section. 

Spectator means a person or vessel 

not registered with the event sponsor as 

participants or assigned as official 

patrols. 

Spectator area is an area described by 

a line bound by coordinates provided in 

latitude and longitude that outlines the 

boundary of a spectator area within the 

regulated area defined by this part. 

(c) Special local regulations. (1) The 

COTP Maryland-National Capital 

Region or Event PATCOM may forbid 

and control the movement of all vessels 

and persons, including event 

participants, in the regulated area 

described in paragraph (a)(1) of this 

section. When hailed or signaled by an 

official patrol, a vessel or person in the 

regulated area shall immediately 

comply with the directions given by the 

patrol. Failure to do so may result in the 

Coast Guard expelling the person or 

vessel from the area, issuing a citation 

for failure to comply, or both. The COTP 

Maryland-National Capital Region or 

Event PATCOM may terminate the 

event, or a participant’s operations at 

any time the COTP Maryland-National 

Capital Region or Event PATCOM 

believes it necessary to do so for the 

protection of life or property. 

(2) Except for participants and vessels 

already at berth, a person or vessel 

within the regulated area at the start of 

enforcement of this section must 

immediately depart the regulated area. 

(3) A spectator must contact the Event 

PATCOM to request permission to 

either enter or pass through the 

regulated area. The Event PATCOM, and 

official patrol vessels enforcing this 

regulated area, can be contacted on 

marine band radio VHF–FM channel 16 

(156.8 MHz) and channel 22A (157.1 

MHz). If permission is granted, the 

spectator must enter the designated 

Spectator Area or pass directly through 

the regulated area as instructed by Event 

PATCOM. A vessel within the regulated 

area must operate at safe speed that 

minimizes wake. A spectator vessel 

must not loiter within the navigable 

channel while within the regulated area. 

(4) Only participant vessels and 

official patrol vessels are allowed to 

enter and remain within the race area. 

(5) Only participant vessels and 

official patrol vessels are allowed to 

enter and transit directly through the 

buffer area in order to arrive at or depart 

from the race area. 

(6) A person or vessel that desires to 

transit, moor, or anchor within the 

regulated area must obtain authorization 

from the COTP Maryland-National 

Capital Region or Event PATCOM. A 

person or vessel seeking such 

permission can contact the COTP 

Maryland-National Capital Region at 

telephone number 410–576–2693 or on 

Marine Band Radio, VHF–FM channel 

16 (156.8 MHz) or the Event PATCOM 

on Marine Band Radio, VHF–FM 

channel 16 (156.8 MHz). 

(7) The Coast Guard will publish a 

notice in the Fifth Coast Guard District 

Local Notice to Mariners and issue a 

marine information broadcast on VHF– 

FM marine band radio announcing 

specific event dates and times. 

(d) Enforcement officials. The Coast 

Guard may be assisted with marine 

event patrol and enforcement of the 

regulated area by other federal, state, 

and local agencies. 

(e) Enforcement period. This section 

will be enforced from 7:30 a.m. to 5 p.m. 

on October 2, 2021 and from 7:30 a.m. 

to 5 p.m. on October 3, 2021. 

Dated: June 15, 2021. 

David E. O’Connell, 

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

Port Maryland-National Capital Region. 

[FR Doc. 2021–13291 Filed 6–24–21; 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 Rates and Terms for 

Making and Distributing Phonorecords 

(Phonorecords IV) 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

publish for comment proposed 

regulations that set rates and terms 

applicable during the period beginning 

January 1, 2023, and ending December 

31, 2027, for the section 115 statutory 

license for making and distributing 

phonorecords of nondramatic musical 

works. 

DATES: Comments and objections, if any, 

are due no later than July 26, 2021. 

ADDRESSES: You may send comments, 

identified by docket number 21–CRB– 

0001–PR (2023–2027), online through 

eCRB at https://app.crb.gov. 

Instructions: To send your comment 

through eCRB, if you don’t have a user 

account, you will first need to register 

for an account and wait for your 

registration to be approved. Approval of 

user accounts is only available during 

business hours. Once you have an 

approved account, you can only sign in 

and file your comment after setting up 

multi-factor authentication, which can 

be done at any time of day. All 

comments must include the Copyright 

Royalty Board name and the docket 

number for this proposed rule. All 

properly filed comments will appear 

without change in eCRB at https:// 

app.crb.gov, including any personal 

information provided. 

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 Blaine, CRB Program Specialist, at 

202–707–7658 or crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 115 of the Copyright Act, title 

17 of the United States Code, requires a 

copyright owner of a nondramatic 

musical work to grant a license (also 

known as the ‘‘mechanical’’ compulsory 

license) to any person who wants to 

make and distribute phonorecords of 

that work, provided that the copyright 

owner has allowed phonorecords of the 

work to be produced and distributed, 

and that the licensee complies with the 

statute and regulations. In addition to 

the production or distribution of 

physical phonorecords (compact discs, 

vinyl, cassette tapes, and the like), 

section 115 applies to digital 

transmissions of phonorecords, 

including permanent digital downloads 

and ringtones. 

Chapter 8 of the Copyright Act 

requires the Copyright Royalty Judges 

(Judges) to conduct proceedings every 

five years to determine the rates and 

terms for the section 115 license. 17 

U.S.C. 801(b)(1), 804(b)(4). Accordingly, 

the Judges commenced the current 

proceeding in January 2021, by 

publishing notice of the commencement 

and a request that interested parties 

submit petitions to participate. See 86 

FR 25 (Jan. 5, 2021). 

The Judges received petitions to 

participate in the current proceeding 

from Amazon.com Services LLC, Apple 

Inc., Copyright Owners (joint petitioners 

Nashville Songwriters Association 

International (NSAI) and National 

Music Publishers Association (NMPA)), 

Google LLC, George Johnson, Joint 

Record Company Participants (filed by 

Recording Industry Association of 

America, Inc. for joint petitioners Sony 

Music Entertainment, UMG Recordings, 


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