Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 46117 

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.T07–0084 to read as 

follows: 

§ 100.T07–0084 Special Local Regulation; 

Low Country Splash Open Water Swim, 

Wando River, Cooper River, and Charleston 

Harbor; Charleston, SC. 

(a) Location. All waters within a 

moving zone, beginning at Daniel Island 

Pier in approximate position 32°51′20′′ 

N, 079°54′06′′ W, south along the coast 

of Daniel Island, across the Wando River 

to Hobcaw Yacht Club, in approximate 

position 32°49′20′′ N, 079°53′49′′ W, 

south along the coast of Mt. Pleasant, 

S.C., to Charleston Harbor Resort 

Marina, in approximate position 

32°47′20′′ N, 079°54′39′′ W. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Sector Charleston COTP in the 

enforcement of the regulated areas. 

(c) Regulations. (1) All persons and 

vessels are prohibited from entering, 

transiting through, anchoring in, or 

remaining within the regulated area 

unless authorized by the Sector 

Charleston COTP or a designated 

representative. 

(2) Persons and vessels desiring to 

enter, transit through, anchor in, or 

remain within the regulated area may 

contact the Sector Charleston COTP by 

telephone at 843–740–7050, or a 

designated representative via VHF radio 

on channel 16, to request authorization. 

If authorization to enter, transit through, 

anchor in, or remain within the 

regulated area is granted by the Sector 

Charleston COTP or a designated 

representative, all persons and vessels 

receiving such authorization must 

comply with the instructions of the 

Sector Charleston COTP or a designated 

representative. 

(3) The Coast Guard will provide 

notice of the regulated area by Local 

Notice to Mariners, Broadcast Notice to 

Mariners, and on-scene designated 

representatives. 

(d) Enforcement period. This section 

will be enforced from 7 a.m. until 11 

a.m., on September 18, 2021. 

Dated: August 11, 2021. 

J.D. Cole, 

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

Port Charleston. 

[FR Doc. 2021–17711 Filed 8–17–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0644] 

RIN 1625–AA00 

Safety Zone; Lower Mississippi River, 

Waxhaw, MS; MM 593–597 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Lower 

Mississippi River (LMR), between Mile 

Marker 593 and 597. The safety zone is 

needed to protect persons, property, and 

the marine environment from the 

potential safety hazards associated with 

dredging operations in the vicinity of 

Waxhaw, MS. Entry of persons or 

vessels into this zone is prohibited 

unless authorized by the Captain of the 

Port Sector Lower Mississippi River or 

a designated representative. 

DATES: This rule is effective without 

actual notice from August 18, 2021 

through September 15, 2021. For the 

purposes of enforcement, actual notice 

will be used from August 13, 2021 until 

August 18, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0644 in the ‘‘SEARCH’’ box and click 

‘‘SEARCH.’’ Click on Open Docket 

Folder on the line associated with this 

rule. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email MSTC Lindsey Swindle, U.S. 

Coast Guard; telephone 901–521–4813, 

email Lindsey.M.Swindle@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 

§ 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 it is 

impracticable. Immediate action is 

needed to protect persons and property 

from the potential safety hazards 

associated with dredging operations. 

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 

immediately and lack sufficient time to 

provide a reasonable comment period 

and then consider those comments 

before issuing the rule. 

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 immediate action is 

needed to respond to the potential 

safety hazards associated with dredging 

operations in the vicinity of Waxhaw, 

MS starting August 13, 2021. 

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 (COTP) Sector Lower 

Mississippi River (LMR) has determined 

that potential hazards associated with 

dredging operations between Mile 

Marker (MM) 593 and 597, scheduled to 

start on August 13, 2021, would be a 

safety concern for all persons and 

vessels on the Lower Mississippi River 

between MM 593 and MM 597 through 

September 15, 2021. This rule is needed 

to protect persons, property, 

infrastructure, and the marine 

environment in all waters of the LMR 

within the safety zone while dredging 

operations are being conducted. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from August 13, 2021 

through September 15, 2021. The safety 

zone will cover all navigable waters of 


jbell on DSKJLSW7X2PROD with RULES
46118 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 

the LMR from MM 593 to MM 597. The 

duration of this safety zone is intended 

to ensure the safety of waterway users 

on these navigable waters during 

dredging operations. 

Entry of persons or vessels into this 

safety zone is prohibited unless 

authorized by the COTP or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Lower Mississippi River. Persons or 

vessels seeking to enter the safety zones 

must request permission from the COTP 

or a designated representative on VHF– 

FM channel 16 or by telephone at 314– 

269–2332. If permission is granted, all 

persons and vessels shall comply with 

the instructions of the COTP or 

designated representative. 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 (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Marine Safety Information Bulletins 

(MSIBs), as appropriate. 

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. 

Executive Order 13771 directs agencies 

to control regulatory costs through a 

budgeting process. 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. This safety 

zone will temporarily restrict navigation 

on the LMR from MM 593 through MM 

597, from August 13, 2021 through 

September 15, 2021. Moreover, The 

Coast Guard will issue a Broadcast 

Notice to Mariners via VHF–FM marine 

channel 16 about the safety zone, and 

the rule allows 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 

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 (Public Law 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 safety 

zone that will prohibit entry on a onemile stretch of the Lower Mississippi 

River. It is categorically excluded from 

further review under paragraph L60 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. 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 46119 

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

2176 (2020). 2See, e.g., H.R. Rep. No. 116–252, at 18–20 

(2019); S. Rep. No. 116–105, at 7–8 (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). In 

developing the CASE Act, Congress drew on model 

legislation in the Office’s 2013 policy report, 

Copyright Small Claims, https://www.copyright.gov/ 

docs/smallclaims/usco-smallcopyrightclaims.pdf 

(‘‘Copyright Small Claims’’). Congress also 

incorporated the Office’s report and supporting 

materials into the statute’s legislative history. H.R. 

Rep. No. 116–252, at 19; S. Rep. No. 116–105, at 

2. 

3H.R. Rep. No. 116–252, at 17; S. Rep. No. 116– 

105, at 2–3, 9. 

4 17 U.S.C. 1504(c)(1)–(3). The CCB cannot issue 

injunctive relief but can require that an infringing 

party cease or mitigate its infringing activity in the 

event such party agrees and the agreement is 

reflected in the proceeding’s record. Id. at 

1504(e)(2)(A)(i), (e)(2)(B). This provision also 

applies to parties making knowing material 

misrepresentations under section 512(f). Id. at 

1504(e)(2)(A)(ii). 

5See id. at 1504(a); H.R. Rep. No. 116–252, at 17, 

21; S. Rep. No. 116–105, at 3, 11. 

6H.R. Rep. No. 116–252, at 21–22, 33; S. Rep. No. 

116–105, at 14. 

7See 86 FR 16156 (Mar. 26, 2021). 

8Public Law 116–260, sec. 212(d), 134 Stat. at 

2199. 

9 17 U.S.C. 411(a) (‘‘[N]o civil action for 

infringement of the copyright in any United States 

work shall be instituted until preregistration or 

registration of the copyright claim has been made 

in accordance with this title’’ or ‘‘the deposit, 

application, and fee required for registration have 

been delivered to the Copyright Office in proper 

form and registration has been refused.’’); Fourth 

Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, 

139 S. Ct. 881, 886 (2019) (holding that ‘‘registration 

occurs, and a copyright claimant may commence an 

infringement suit, when the Copyright Office 

registers a copyright’’). 

10 17 U.S.C. 412. 

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. 0170.1. 

■ 2. Add § 165.T08–0644 to read as 

follows: 

§ 165.T08–0644 Safety Zone; Lower 

Mississippi River, Waxhaw, MS; MM 593– 

597. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River from Mile 

Marker (MM) 593 through MM 597. 

(b) 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 Captain 

of the Port Sector Lower Mississippi 

River (COTP) or the COTP’s designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Lower Mississippi River. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via 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. 

(c) Enforcement period. This section 

will be enforced from August 13, 2021, 

through September 15, 2021. 

(d) 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: August 13, 2021. 

R.S. Rhodes, 

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

Port Sector Lower Mississippi River. 

[FR Doc. 2021–17632 Filed 8–17–21; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Parts 201, 203 and 221 

[Docket No. 2021–2] 

Copyright Alternative in Small-Claims 

Enforcement (‘‘CASE’’) Act 

Regulations: Expedited Registration 

and FOIA 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: The U.S. Copyright Office is 

amending its regulations to establish a 

new expedited registration option under 

the Copyright Alternative in SmallClaims Enforcement Act of 2020 and to 

provide a technical update to the 

Office’s Freedom of Information Act 

regulations. To qualify for this 

expedited registration option, the 

work(s) being registered must be the 

subject of a claim or counterclaim before 

the Copyright Claims Board. 

DATES: Effective September 17, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Kevin R. Amer, Acting General Counsel 

and Associate Register of Copyrights, by 

email at kamer@copyright.gov; John R. 

Riley, Assistant General Counsel, by 

email at jril@copyright.gov, or Brad A. 

Greenberg, Assistant General Counsel, 

by email at brgr@copyright.gov. Each 

can be contacted by telephone at (202) 

707–8350. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Statutory Framework 

On December 27, 2020, the President 

signed into law the Copyright 

Alternative in Small-Claims 

Enforcement (‘‘CASE’’) Act of 2020.1

The CASE Act establishes the Copyright 

Claims Board (‘‘CCB’’ or ‘‘Board’’), a 

voluntary, alternative forum to federal 

court for parties to seek resolution of 

copyright disputes that have a low 

economic value (‘‘small copyright 

claims’’).2 The creation of the CCB does 

not displace or limit the ability to bring 

small copyright claims in federal court, 

but rather provides a more accessible 

alternative forum.3 The CCB has 

authority to hear copyright infringement 

claims, claims seeking a declaration of 

noninfringement, and misrepresentation 

claims under section 512(f) of title 17.4

Participation before the CCB is 

voluntary for all parties,5 and all 

determinations are non-precedential.6

The Copyright Office is in the process 

of standing up the CCB and intends to 

promulgate several operational and 

procedural rules.7 Congress directed the 

CCB to begin operations by December 

27, 2021, though the Register may, for 

good cause, extend that deadline by not 

more than 180 days.8

Consistent with the overall goal of 

providing a cost-effective, streamlined 

alternative to federal litigation, the 

CASE Act includes provisions 

addressing the Copyright Act’s 

registration prerequisite to filing an 

infringement action. In general, the 

owner of the copyright in a United 

States work may not initiate an 

infringement suit until the Office has 

issued or refused to issue a copyright 

registration.9 Additionally, the 

Copyright Act provides that in most 

instances, for a copyright owner to 

qualify for an award of attorneys’ fees or 

statutory damages, the infringed work 

must have been registered on or before 

the date the infringement commenced, 

unless registration is made within three 

months after the work’s first 

publication.10 In considering the 

challenges facing those involved in 


jbell on DSKJLSW7X2PROD with RULES