31420 Federal Register / Vol. 87, No. 100 / Tuesday, May 24, 2022 / Rules and Regulations 

Docket No. Type Location Effective 

start date 

USCG–2020–0635 .................. Safety Zones (Parts 147 and 165) .......................................... Port Arthur Captain of the Port 

Zone.

10/14/2020 

USCG–2020–0609 .................. Safety Zones (Parts 147 and 165) .......................................... Bridgeport, AL ST ................... 10/15/2020 

USCG–2020–0365 .................. Security Zones (Part 165) ........................................................ Miami, FL ................................ 10/15/2020 

USCG–2020–0557 .................. Security Zones (Part 165) ........................................................ Newport Beach, CA ................ 10/18/2020 

USCG–2020–0090 .................. Safety Zones (Parts 147 and 165) .......................................... Gulf of Mexico, TX .................. 10/18/2020 

USCG–2020–0178 .................. Safety Zones (Parts 147 and 165) .......................................... Cleveland, OH ........................ 10/31/2020 

USCG–2020–0661 .................. Safety Zones (Parts 147 and 165) .......................................... Ohio River, Lawrenceburg ...... 11/9/2020 

USCG–2020–0633 .................. Safety Zones (Parts 147 and 165) .......................................... Letart, WV ............................... 11/7/2020 

USCG–2020–0564 .................. Safety Zones (Parts 147 and 165) .......................................... Memphis, TN .......................... 11/11/2020 

USCG–2020–0689 .................. Security Zones (Part 165) ........................................................ Ponce, PR ............................... 11/21/2020 

USCG–2020–0272 .................. Safety Zones (Parts 147 and 165) .......................................... Pittsburgh, PA ......................... 11/24/2020 

USCG–2020–0705 .................. Safety Zones (Parts 147 and 165) .......................................... Pittsburgh, PA ......................... 11/25/2020 

USCG–2020–0702 .................. Safety Zones (Parts 147 and 165) .......................................... Horry County, SC ................... 11/25/2020 

USCG–2020–0709 .................. Safety Zones (Parts 147 and 165) .......................................... Pittsburgh, PA ......................... 12/2/2020 

USCG–2021–0706 .................. Safety Zones (Parts 147 and 165) .......................................... Clarksville, TN ......................... 12/10/2020 

USCG–2020–0721 .................. Safety Zones (Parts 147 and 165) .......................................... Seattle, WA ............................. 12/21/2020 

USCG–2020–0729 .................. Safety Zones (Parts 147 and 165) .......................................... Ingleside, TX ........................... 12/23/2020 

USCG–2020–0724 .................. Safety Zones (Parts 147 and 165) .......................................... Corpus Christi, TX .................. 12/24/2020 

USCG–2021–0725 .................. Safety Zones (Parts 147 and 165) .......................................... Natchez, MS ........................... 12/28/2020 

Dated: May 19, 2022. 

M.T. Cunningham, 

Chief, Office of Regulations and 

Administrative Law, United States Coast 

Guard. 

[FR Doc. 2022–11112 Filed 5–23–22; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0384] 

RIN 1625–AA00 

Safety Zone; Cumberland River; 

Nashville, TN 

AGENCY: Coast Guard, Department of 

Homeland Security (DHS). 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

all navigable waters of the Cumberland 

River from mile marker (MM) 189.7 to 

191.1. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by CMA Festival 

Fireworks. Entry of vessels or persons 

into this zone is prohibited unless 

specifically authorized by the Captain of 

the Port Sector Ohio Valley or a 

designated representative. 

DATES: This rule is effective from 11 

p.m. on June 9, 2022, through 12:15 a.m. 

on June 10, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0384 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 Petty Officer Third Class 

Benjamin Gardner, Marine Safety 

Detatchment Nashville, U.S. Coast 

Guard; telephone 615–736–5421, email, 

Benjamin.T.Gardner@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 it is 

impracticable. We must establish this 

safety zone on June 9, 2022, and lack 

sufficient time to provide a reasonable 

comment period and then consider 

those comments before issuing the rule. 

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 Sector Ohio Valley 

(COTP) has determined that potential 

hazards associated with the CMA 

Festival Fireworks starting June 9, 2022, 

will be a safety concern for anyone 

within mile marker 189.7 to 191.1 on 

the Cumberland River. This rule is 

needed to protect personnel, vessels, 

and the marine environment in the 

navigable waters within the safety zone 

during the firework display. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone from 11:00 p.m. until 12:15 

a.m. from June 9, 2022, through June 10, 

2022. The safety zone will cover all 

navigable waters between Mile Marker 

(MM) 189.7 to 191.1 on the Cumberland 

River, extending the entire width of the 

river. The duration of the zone is 

intended to protect personnel, vessels, 

and the marine environment in these 

navigable waters while the fireworks 

display is occuring. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard (USCG) assigned to units 

under the operational control of USCG 

Sector Ohio Valley. 

Vessels requiring entry into this safety 

zone must request permission from the 

COTP or a designated representative. To 

seek entry into the safety zone, contact 

the COTP or the COTP’s representative 

by telephone at 502–779–5422 or on 

VHF–FM channel 16. 


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Federal Register / Vol. 87, No. 100 / Tuesday, May 24, 2022 / Rules and Regulations 31421 

Persons and vessels permitted to enter 

this safety zone must transit at their 

slowest safe speed and comply with all 

lawful directions issued by the COTP or 

the designated representative. 

The COTP or a designated 

representative will inform the public 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and Marine Safety Information 

Bulletins (MSIBs) about this safety zone, 

enforcement period, as well as any 

changes in the dates and times of 

enforcement. 

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 fireworks show being 

held for 1.25 hours during the evening 

hours and only impacting .4 Miles of the 

Cumberland River. 

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 

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 lasting only 1.25 hours that will 

prohibit entry between MM 189.7.0 to 

191.1 on the Cumberland River for the 

fireworks display. 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. Due to the emergency 

nature of this rulemaking, a Record of 

Environmental Consideration is not 

required. 

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.T08–801 to read as 

follows: 


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31422 Federal Register / Vol. 87, No. 100 / Tuesday, May 24, 2022 / Rules and Regulations 

1Public Law 115–264, 132 Stat. 3676 (2018). 

2 17 U.S.C. 115(d)(3)(B), (d)(3)(C); 84 FR 32274 

(July 8, 2019). As permitted under the MMA, the 

Office also designated a digital licensee coordinator 

(‘‘DLC’’) to represent licensees in proceedings 

before the Copyright Royalty Judges (‘‘CRJs’’) and 

the Office, to serve as a non-voting member of the 

MLC, and to carry out other functions. 17 U.S.C. 

115(d)(3)(D)(i)(IV), (d)(5)(B), (d)(5)(C); 84 FR 32274. 

3 17 U.S.C. 115(e)(31). 

4 85 FR 58114 (Sept. 17, 2020). 

5 37 CFR 210.27(f), (g)(3)–(4), (k). 

6 Id. at 210.27(g)(3). 

7 Id. at 210.27(f); see also 37 CFR pt. 385 (defining 

terms, including ‘‘service provider revenue’’ ‘‘total 

cost of content,’’ and ‘‘subscription,’’ and 

permitting certain deductions). 

8 85 FR 22518, 22533 (Apr. 22, 2020). 

§ 165.T08–801 Safety Zone; Cumberland 

River, Nashville, TN. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Cumberland River, Mile Markers 189.7 

to 191.1, extending the entire width of 

the river. 

(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 Ohio Valley (COTP) 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative by VHF Channel 16. 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(c) Enforcement period. This section 

will be enforced from 11 p.m. to 12:15 

a.m. on June 9, 2022, through June 10, 

2022. 

Dated: May 19, 2022. 

A.M. Beach, 

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

Port Sector Ohio Valley. 

[FR Doc. 2022–11163 Filed 5–23–22; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 210 

[Docket No. 2020–5] 

Music Modernization Act Notices of 

License, Notices of Nonblanket 

Activity, Data Collection and Delivery 

Efforts, and Reports of Usage and 

Payment 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Supplemental interim rule; 

request for comments. 

SUMMARY: The U.S. Copyright Office is 

amending its regulations governing 

certain reporting requirements of digital 

music providers pursuant to title I of the 

Orrin G. Hatch-Bob Goodlatte Music 

Modernization Act. This amendment 

modifies provisions concerning reports 

of adjustment and annual reports of 

usage in light of a recent request 

prompted by operational and 

compliance challenges with existing 

regulations. Based on the request and 

the imminence of related reporting 

deadlines, the Copyright Office has 

determined that there is a legitimate 

need to make this amendment effective 

immediately, while soliciting public 

comments on whether it should further 

modify these particular reporting 

requirements going forward. 

DATES:

Effective date: The supplemental 

interim rule is effective May 24, 2022. 

Comments due date: Written 

comments must be received no later 

than 11:59 p.m. Eastern Time on July 8, 

2022. 

ADDRESSES: For reasons of Government 

efficiency, the Copyright Office is using 

the regulations.gov system for the 

submission and posting of public 

comments in this proceeding. All 

comments are therefore to be submitted 

electronically through regulations.gov. 

Specific instructions for submitting 

comments are available on the 

Copyright Office’s website at https://

www.copyright.gov/rulemaking/mmanotices-reports/. If electronic 

submission of comments is not feasible 

due to lack of access to a computer or 

the internet, please contact the 

Copyright Office using the contact 

information below for special 

instructions. 

FOR FURTHER INFORMATION CONTACT: 

Megan Efthimiadis, Assistant to the 

General Counsel, by email at meft@

copyright.gov or telephone at 202–707– 

8350. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Orrin G. Hatch-Bob Goodlatte 

Music Modernization Act (‘‘MMA’’) 

substantially modified the compulsory 

‘‘mechanical’’ license for making and 

distributing phonorecords of 

nondramatic musical works under 17 

U.S.C. 115.1 It did so by switching from 

a song-by-song licensing system to a 

blanket licensing regime that became 

available on January 1, 2021 (the 

‘‘license availability date’’), 

administered by a mechanical licensing 

collective (‘‘MLC’’) designated by the 

Copyright Office (the ‘‘Office’’).2 Digital 

music providers (‘‘DMPs’’) are able to 

obtain the new compulsory blanket 

license to make digital phonorecord 

deliveries of nondramatic musical 

works, including in the form of 

permanent downloads, limited 

downloads, or interactive streams 

(referred to in the statute as ‘‘covered 

activity’’ where such activity qualifies 

for a compulsory license), subject to 

compliance with various requirements, 

including reporting obligations. DMPs 

may also continue to engage in those 

activities solely through voluntary 

licensing with copyright owners, in 

which case the DMP may be considered 

a significant nonblanket licensee 

(‘‘SNBL’’) under the statute,3 subject to 

separate reporting obligations. 

On September 17, 2020, the Office 

issued an interim rule adopting 

regulations concerning certain types of 

reporting required under the statute 

after the license availability date: 

Notices of license and reports of usage 

by DMPs and notices of nonblanket 

activity and reports of usage by SNBLs 

(the ‘‘September 2020 rule’’).4 As 

relevant here, those interim regulations 

provide requirements governing annual 

reporting and the ability to make 

adjustments to monthly and annual 

reports and related royalty payments, 

including to correct errors and replace 

estimated inputs with finally 

determined figures.5

Under the September 2020 rule, DMPs 

must deliver annual reports of usage 

(‘‘AROUs’’) and any related royalty 

payment to the MLC no later than the 

twentieth day of the sixth month 

following the end of the DMP’s fiscal 

year covered by the AROU.6 AROUs 

must contain cumulative information 

for the applicable fiscal year, broken 

down by month and by activity or 

offering, including the total royalty 

payable, the total sum paid, the total 

adjustments made, the total number of 

payable units, and to the extent 

applicable to calculating the royalties 

owed, total service provider revenue, 

total costs of content, total performance 

royalty deductions, and total 

subscribers.7 In describing these 

requirements, the Office said that 

‘‘[r]eceiving these totals and having 

them broken down this way seems 

beneficial to the MLC in confirming 

proper royalties, while not unreasonably 

burdening DMPs, who would not have 

to re-provide all of the information 

contained in the monthly reports 

covered by the annual reporting 

period.’’ 8

Under the September 2020 rule, DMPs 

have the ability to make adjustments to 

previously delivered monthly reports of 

usage (‘‘MROUs’’) and AROUs, 


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