Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Rules and Regulations 35899 

1 87 FR 3217. 

List of Subjects in 37 CFR Part 360 

Administrative practice and 

procedure, Cable royalties, Claims, 

Copyright, Electronic filing, Satellite 

royalties. 

Accordingly, the Copyright Royalty 

Judges correct 37 CFR part 360 by 

making the following correcting 

amendments: 

PART 360—FILING OF CLAIMS TO 

ROYALTY FEES COLLECTED UNDER 

COMPULSORY LICENSE 

■ 1. The authority citation for part 360 

continues to read as follows: 

Authority: 17 U.S.C. 801, 803, 805. 

Subpart A also issued under 17 U.S.C. 

111(d)(4) and 119(b)(4). 

Subpart B also issued under 17 U.S.C. 

1007(a)(1). 

Subpart C also issued under 17 U.S.C. 

111(d)(4), 119(b)(4) and 1007(a)(1). 

Subpart A—Cable and Satellite Claims 

§ 360.3 [Amended] 

■ 2. In § 360.3, amend paragraph (b) by 

removing ‘‘350.7’’ and adding in its 

place ‘‘303.7’’. 

§ 360.4 [Amended] 

■ 3. In § 360.4, amend paragraph (c) by 

removing ‘‘350.5(g)’’ and adding in its 

place ‘‘303.5(g)’’. 

Subpart B—Digital Audio Recording 

Devices and Media (DART) Royalty 

Claims 

§ 360.22 [Amended] 

■ 4. In § 360.22, amend paragraph (c) by 

removing ‘‘350.5(g)’’ and adding in its 

place ‘‘303.5(g)’’. 

Dated: June 8, 2022. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

[FR Doc. 2022–12747 Filed 6–13–22; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

46 CFR Part 4 

[Docket No. USCG–2021–0348] 

Navigation and Navigable Waters, and 

Shipping; Technical, Organizational, 

and Conforming Amendments 

AGENCY: Coast Guard, DHS. 

ACTION: Technical amendment. 

SUMMARY: On January 21, 2022, the 

Coast Guard prematurely amended the 

definition of ‘‘major marine casualty’’ 

for title 46 of the Code of Federal 

Regulations as part of a technical 

amendment. The Coast Guard is 

reverting that definition back to how it 

appeared prior to issuance of the 

technical amendment. 

DATES: This final rule is effective June 

14, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0348 in the search box and click 

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

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: For 

information about this document call or 

email Courtney Mallon, Coast Guard; 

telephone 202–372–3758, email 

Courtney.Mallon@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

Table of Contents for Preamble 

I. Abbreviations 

II. Basis and Purpose, and Regulatory History 

III. Discussion of the Rule 

IV. Regulatory Analyses 

A. Regulatory Planning and Review 

B. Small Entities 

C. Assistance for Small Entities 

D. Collection of Information 

E. Federalism 

F. Unfunded Mandates 

G. Taking of Private Property 

H. Civil Justice Reform 

I. Protection of Children 

J. Indian Tribal Governments 

K. Energy Effects 

L. Technical Standards 

M. Environment 

I. Abbreviations 

CFR Code of Federal Regulations 

NPRM Notice of proposed rulemaking 

NTSB National Transportation Safety Board 

§ Section 

U.S.C. United States Code 

II. Basis and Purpose, and Regulatory 

History 

On January 21, 2022, the Coast Guard 

published a technical amendment 1 that 

revised the definition of ‘‘major marine 

casualty’’ in title 46 of the Code of 

Federal Regulations (CFR), paragraph 

4.40–5(d)(3). That change altered the 

property damage threshold from 

$500,000 to $2,000,000. The stated basis 

for the change was to implement section 

211 of the Save Our Seas Act of 2018 

(Pub. L. 115–265, 132 Stat. 3742). 

However, the Coast Guard has 

determined that this matter needs 

further analysis. The correct legal 

authority for changing this regulation is 

title 49 of the United States Code 

(U.S.C.), section 1131. That statute 

requires a rule prescribed jointly by the 

National Transportation Safety Board 

(NTSB) and the Coast Guard. As a 

result, we need to revert to the previous 

value of $500,000 for the time being. 

The Coast Guard is issuing this 

technical amendment without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act (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 technical 

amendment because publishing an 

NPRM would be unnecessary. Under 49 

U.S.C. 1131, changes to the reporting 

value threshold for 46 CFR 4.40–5(d)(3) 

requires a rule prescribed jointly by the 

NTSB and the Coast Guard. The January 

21, 2022, technical amendment was 

only issued by the Coast Guard, so the 

value listed before the technical 

amendment should be restored, and can 

later be adjusted in a joint rulemaking. 

For those same reasons, under 5 U.S.C. 

553(d)(3), the Coast Guard finds that 

good cause exists for making this 

technical amendment effective less than 

30 days after publication in the Federal 

Register. 

III. Discussion of the Rule 

This action restores the property 

damage threshold of 46 CFR 4.40– 

5(d)(3), to $500,000. 

IV. Regulatory Analyses 

We developed this amendment after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on these statutes or Executive 

orders. 

A. Regulatory Planning and Review 

Executive Orders 12866 (Regulatory 

Planning and Review) and 13563 

(Improving Regulation and Regulatory 

Review) 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 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 


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35900 Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Rules and Regulations 

2 46 CFR 4.40–15(a) reads, ‘‘The Board may 

conduct an investigation under the Act of any major 

marine casualty or any casualty involving public 

and non-public vessels.’’ 

reducing costs, of harmonizing rules, 

and of promoting flexibility. 

The Office of Management and Budget 

has not designated this technical 

amendment a significant regulatory 

action under section 3(f) of Executive 

Order 12866. A regulatory analysis 

follows. 

This technical amendment returns the 

property damage threshold in the 

definition of a ‘‘major marine casualty’’ 

to $500,000 from $2,000,000. This 

property damage threshold is contained 

within 46 CFR Subpart 4.40 covering 

the joint regulations between the NTSB 

and the Coast Guard for the 

investigation of marine casualties. 

Specifically, this property damage 

threshold defines when the NTSB may 

investigate marine casualties. Among 

other marine casualties, the NTSB has 

the right to investigate any major marine 

casualities with total property damage 

above the threshold.2

The Coast Guard made an error in its 

previous technical amendment in 

January 2022, and the Coast Guard 

quickly realized its error. As a result, 

both the NTSB and Coast Guard are still 

operating as if the NTSB may investigate 

any major marine casualty resulting in 

property damage of $500,000 or more. 

Because Coast Guard and NTSB 

operations have not changed since the 

publication of the previous technical 

amendment, there has been no change 

in the regulatory analysis baseline since 

the January 2022 technical amendment. 

The technical amendment in this 

notice will not result in costs to any 

industry, or government entities. 

Because the Coast Guard and NTSB are 

continuing to implement the $500,000 

property damage threshold for a major 

marine casualty, returning the 

regulation back to $500,000 will result 

in no change in policy or practices 

across the public, NTSB, or Coast 

Guard. Without a change in practices 

there can be no costs from this technical 

amendment. 

This technical amendment will result 

in unquantified benefits stemming from 

timely correction of the technical 

amendment that was made in error in 

January 2022. If an operator/owner or 

other pertinent marine entity suffered a 

marine casualty with between $500,000 

and $2,000,000 in property damage, the 

NTSB would investigate it using the 

current Coast Guard/NTSB policy. This 

investigation would not be permitted by 

the current regulations. The individual 

could be averse to the investigation and 

argue that the Coast Guard/NTSB policy 

is not consistent with the current 

regulations. However, because the Coast 

Guard issued the previous technical 

amendment under an incorrect legal 

authority, the previous change is 

invalid. Accordingly, the actual text of 

the CFR is not correct and can cause 

confusion and disagreement between 

the public, the Coast Guard, and the 

NTSB. By reverting the property damage 

threshold of a major marine casualty to 

$500,000, the Coast Guard would 

eliminate a source of confusion from 

this section of regulation. 

B. Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Public Law 104– 

121, we offer to assist small entities in 

understanding this technical 

amendment so that they can better 

evaluate its effects on them and 

participate in the rulemaking. The Coast 

Guard will not retaliate against small 

entities that question or complain about 

this technical amendment or any policy 

or action of the Coast Guard. 

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). 

C. Collection of Information 

This technical amendment calls for no 

new or revised collection of information 

under the Paperwork Reduction Act of 

1995, 44 U.S.C. 3501–3520. 

D. Federalism 

A rule has implications for federalism 

under Executive Order 13132 

(Federalism) if it has a substantial direct 

effect on 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 technical amendment 

under Executive Order 13132 and have 

determined that it is consistent with the 

fundamental federalism principles and 

preemption requirements described in 

Executive Order 13132. 

E. Unfunded Mandates 

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. Although this 

technical amendment will not result in 

such expenditure, we do discuss the 

effects of this amendment elsewhere in 

this preamble. 

F. Taking of Private Property 

This technical amendment will not 

cause a taking of private property or 

otherwise have taking implications 

under Executive Order 12630 

(Governmental Actions and Interference 

with Constitutionally Protected Property 

Rights). 

G. Civil Justice Reform 

This technical amendment meets 

applicable standards in sections 3(a) 

and 3(b)(2) of Executive Order 12988 

(Civil Justice Reform) to minimize 

litigation, eliminate ambiguity, and 

reduce burden. 

H. Indian Tribal Governments 

This technical amendment does not 

have tribal implications under 

Executive Order 13175 (Consultation 

and Coordination with Indian Tribal 

Governments), because it will 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. 

I. Energy Effects 

We have analyzed this technical 

amendment under Executive Order 

13211 (Actions Concerning Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use). We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. 

J. Environment 

We have analyzed this technical 

amendment under Department of 

Homeland Security Management 

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 

determination that this action is one of 


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Federal Register / Vol. 87, No. 114 / Tuesday, June 14, 2022 / Rules and Regulations 35901 

a category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. 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. 

This technical amendment is 

categorically excluded under paragraphs 

A3 and L54 of Appendix A, Table 1 of 

Department of Homeland Security 

Instruction Manual 023–01–001–01, 

Rev. 1. Paragraph A3 pertains to the 

promulgation of rules, issuance of 

rulings or interpretations, and the 

development and publication of 

policies, orders, directives, notices, 

procedures, manuals, advisory circulars, 

and other guidance documents of the 

following nature: (a) Those of a strictly 

administrative or procedural nature; (b) 

those that implement, without 

substantive change, statutory or 

regulatory requirements; (c) those that 

implement, without substantive change, 

procedures, manuals, and other 

guidance documents; and (d) those that 

interpret or amend an existing 

regulation without changing its 

environmental effect. Paragraph L54 

pertains to regulations which are 

editorial or procedural. This technical 

amendment involves non-substantive 

technical, organizational, and 

conforming amendments to existing 

Coast Guard regulations. 

List of Subjects in 46 CFR Part 4 

Administrative practice and 

procedure, Drug testing, Investigations, 

Marine safety, National Transportation 

Safety Board, Nuclear vessels, Radiation 

protection, Reporting and recordkeeping 

requirements, Safety, Transportation. 

For the reasons discussed in the 

preamble, the Coast Guard amends 46 

CFR part 4 as follows: 

PART 4—MARINE CASUALTIES AND 

INVESTIGATIONS 

■ 1. The authority citation for part 4 is 

revised to read as follows: 

Authority: 14 U.S.C. 102; 43 U.S.C. 1333; 

46 U.S.C. 2103, 2303A, 2306, 6101, 6301, 

6305, 70034; 50 U.S.C. 198; DHS Delegation 

00170.1, Revision No. 01.2. Subpart 4.40 

issued under 49 U.S.C. 1131(a)(1)(E). 

§ 4.40–5 [Amended] 

■ 2. In § 4.40–5 amend paragraph (d)(3) 

by removing the text ‘‘$2,000,000’’ and 

adding, in its place, the text ‘‘$500,000’’. 

Dated: June 6, 2022. 

Michael Cunningham, 

Chief, Office of Regulations and 

Administrative Law, U.S. Coast Guard. 

[FR Doc. 2022–12473 Filed 6–13–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

[Docket No. 220325–0079; RTID 0648– 

XC089] 

Pacific Halibut Fisheries; Catch 

Sharing Plan; Inseason Action 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

adjustment; request for comments. 

SUMMARY: This document announces 

four additional season dates for Pacific 

halibut recreational fisheries in the 

International Pacific Halibut 

Commission’s regulatory Area 2A off 

Washington, Oregon, and California. 

Specifically, this action adds the dates 

of June 10, 17, and 24 for the 

Washington North Coast subarea, June 

28 and 30 for the Washington South 

Coast subarea, and June 13 and 20 for 

the Columbia River subarea, which 

includes waters off Washington and 

Oregon. This action is intended to 

conserve Pacific halibut and provide 

angler opportunity where available. 

DATES: This action is effective June 9, 

2022, through September 30, 2022. 

Submit comments on or before June 29, 

2022. 

ADDRESSES: Submit your comments, 

identified by NOAA–NMFS–2022–0003, 

by either of the following methods: 

• Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. Go to 

https://www.regulations.gov and enter 

NOAA–NMFS–2022–0003 in the Search 

box. Click on the ‘‘Comment’’ icon, 

complete the required fields, and enter 

or attach your comments. 

• Mail: Submit written comments to 

Scott M. Rumsey, c/o Kathryn Blair, 

West Coast Region, NMFS, 1201 NE 

Lloyd Blvd., Suite 1100, Portland, OR, 

97232. 

Instructions: NMFS may not consider 

comments if they are sent by any other 

method, to any other address or 

individual, or received after the 

comment period ends. All comments 

received are a part of the public record 

and NMFS will post them for public 

viewing on www.regulations.gov 

without change. All personal identifying 

information (e.g., name, address, etc.), 

confidential business information, or 

otherwise sensitive information 

submitted voluntarily by the sender is 

publicly accessible. NMFS will accept 

anonymous comments (enter ‘‘N/A’’ in 

the required fields if you wish to remain 

anonymous). 

Docket: This rule is accessible via the 

internet at the Office of the Federal 

Register website at https://www.federal

register.gov/. Background information 

and documents are available at the 

NOAA Fisheries website at https://

www.fisheries.noaa.gov/action/2022- 

pacific-halibut-catch-sharing-plan and 

at the Pacific Fishery Management 

Council’s (Council) website at https://

www.pcouncil.org. Other comments 

received may be accessed through 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joshua Lindsay, phone: 562–980–4034, 

fax: 562–980–4018, or email: 

joshua.lindsay@noaa.gov. 

SUPPLEMENTARY INFORMATION: On April 

1, 2022, NMFS published a final rule 

approving changes to the Pacific halibut 

Area 2A Catch Sharing Plan and 

implementing recreational (sport) 

management measures for 2022 (87 FR 

19007), as authorized by the Northern 

Pacific Halibut Act of 1982 (16 U.S.C. 

773–773(k)). The 2022 Catch Sharing 

Plan provides a recommended 

framework for NMFS’ annual 

management measures and subarea 

allocations based on the 2022 Area 2A 

Pacific halibut catch limit of 1,490,000 

pounds (lb) (675.9 metric tons (mt)) set 

by the International Pacific Halibut 

Commission (IPHC). These Pacific 

halibut management measures include 

recreational fishery season dates and 

subarea allocations. 

Federal regulations at 50 CFR 

300.63(c), ‘‘Flexible Inseason 

Management Provisions for Sport 

Halibut Fisheries in Area 2A,’’ allow the 

NMFS’ Regional Administrator to 

modify annual regulations during the 

season. These inseason provisions allow 

the Regional Administrator to modify 

sport (recreational) fishing periods, bag 

limits, size limits, days per calendar 

week, and subarea quotas, if it is 

determined it is necessary to meet the 

allocation objectives and the action will 

not result in exceeding the catch limit. 

NMFS has determined that, due to 

lower than expected landings in 

portions of Washington and Oregon, 

specifically the Washington North and 

South Coast subareas and Columbia 


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