38998 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 

p.m. on July 4th, 2022, and last 

approximately 30 minutes. These 

coordinates are based on North 

American Datum of 1983, World 

Geodetic System, 1984. 

(b) Definitions. For the purposes of 

this section: 

Designated representative means a 

Coast Guard Patrol Commander, 

including a Coast Guard coxswain, petty 

officer, or other officer operating a Coast 

Guard vessel and a Federal, State, and 

local officer designated by or assisting 

the Captain of the Port Los Angeles— 

Long Beach (COTP) in the enforcement 

of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, hail 

Coast Guard Sector Los Angeles—Long 

Beach on VHF–FM Channel 16 or call 

at (310) 521–3801. Those in the safety 

zone must comply with all lawful orders 

or directions given to them by the COTP 

or the COTP’s designated representative. 

(d) Enforcement period. This section 

will be enforced from 7 p.m. to 11 p.m. 

on July 4, 2022. The firework display is 

scheduled to commence at 9 p.m. This 

rule will be enforced during the loading, 

transit and duration of the fireworks 

display, which will be broadcasted via 

local Broadcast Notice to Mariners in 

accordance with 33 CFR 165.7. 

Dated: June 23, 2022. 

K.L. Bernstein, 

Captain, U.S. Coast Guard Acting Captain 

of the Port, Los Angeles Long Beach. 

[FR Doc. 2022–13992 Filed 6–29–22; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2022–0544] 

RIN 1625–AA00 

Safety Zone; Fireworks Display, 

Delaware River, Philadelphia, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

waters of Delaware River near Pleasant 

Hill Park in Philadelphia, PA, for a 

fireworks display. The safety zone is 

needed to protect personnel, vessels, 

and the marine environment from 

potential hazards created by a fireworks 

display. Entry of vessels or persons into 

this zone is prohibited unless 

specifically authorized by the Captain of 

the Port (COTP) Delaware Bay. 

DATES: This rule is effective from 9 p.m. 

through 10 p.m. on July 4, 2022. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2022– 

0544 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 Jennifer Padilla, 

Sector Delaware Bay, Waterways 

Management Division, U.S. Coast 

Guard; telephone (215) 271–4814, email 

Jennifer.L.Padilla@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 and contrary to the public 

interest to do so. There is insufficient 

time to allow for a reasonable comment 

period prior to the event. The rule must 

be in force by July 4, 2022. We are 

taking immediate action to ensure the 

safety of spectators and the general 

public from hazards associated with the 

fireworks display. Hazards include 

accidental discharge of fireworks, 

dangerous projectiles, and falling hot 

embers or other debris. 

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 impracticable and 

contrary to the public interest. The rule 

needs to be in place by July 4, 2022, to 

mitigate the potential safety hazards 

associated with a fireworks display in 

this location. 

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, Delaware Bay 

(COTP) has determined that potential 

hazards associated with the fireworks to 

be used in this July 4, 2022 display will 

be a safety concern for anyone within a 

300-yard radius of the barge. The 

purpose of this rule is to ensure safety 

of vessels and the navigable waters in 

the safety zone before, during, and after 

the scheduled event. 

IV. Discussion of the Rule 

This rule establishes a temporary 

safety zone of the Delaware River near 

Pleasant Hill Park in Philadelphia, PA, 

during a fireworks display from a barge. 

The event is scheduled to take place 

between 9 p.m. and 10 p.m. on July 4, 

2022. The safety zone will extend 300 

yards around the barge, which will be 

anchored at approximate position 

latitude 40°2′22.54′′ N longitude 

074°59′22.03′′ W. The duration of the 

zone is intended to protect personnel, 

vessels, and the marine environment in 

these navigable waters during the 

fireworks display. No vessel or person 

will be permitted to enter the safety 

zone without obtaining permission from 

the COTP or a designated 

representative. 

V. Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

Executive orders related to rulemaking. 

Below we summarize our analyses 

based on a number of these statutes and 

Executive orders, and we discuss First 

Amendment rights of protestors. 

A. Regulatory Planning and Review 

Executive Orders 12866 and 13563 

direct agencies to assess the costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits. 

This rule has not been designated a 

‘‘significant regulatory action,’’ under 

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 (1) although persons and 

vessels may not enter, transit through, 

anchor in, or remain within the safety 

zone without authorization from the 


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Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 38999 

COTP Delaware Bay or a designated 

representative, they may operate in the 

surrounding area during the 

enforcement period; (2) persons and 

vessels will still be able to enter, transit 

through, anchor in, or remain within the 

regulated area if authorized by the 

COTP Delaware Bay; and (3) the Coast 

Guard will provide advance notification 

of the safety zone to the local maritime 

community by Local Notice to Mariners 

and Broadcast Notice to Mariners. 

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 

temporary safety zone that prohibits 

persons and vessels from entering, 

transiting through, anchoring in, or 

remaining within a limited area on the 

navigable water in the Delaware River 

during a fireworks display lasting 

approximately one hour. It is 

categorically excluded from further 

review under paragraph L60a of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

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.T05–05 to read as 

follows: 

§ 165.T05–0544 Safety Zone; Fireworks, 

Delaware River, Philadelphia, PA. 

(a) Location. The following area is a 

safety zone: All waters of Delaware 

River near Pleasant Hill Park in 

Philadelphia, PA within 300 yards of 

the fireworks barge anchored in 

approximate position latitude 

40°2′22.54′′ N longitude 074°59′22.03′′ 

W. These coordinates are based on the 

1984 World Geodetic System (WGS 84). 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Delaware Bay (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 


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39000 Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 

1The types of eligible services consist of 

subscription, nonsubscription, satellite digital 

audio radio services, and business establishment 

services. 

2Until that time, interim regulations were in 

effect. See 71 FR 59010 (Oct. 6, 2006). 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter or 

remain in the zone, contact the COTP or 

the COTP’s representative via VHF–FM 

channel 16 or 215–271–4807. 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. 

(3) No vessel may take on bunkers or 

conduct lightering operations within the 

safety zone during its enforcement 

period. 

(4) This section applies to all vessels 

except those engaged in law 

enforcement, aids to navigation 

servicing, and emergency response 

operations. 

(d) Enforcement. The U.S. Coast 

Guard may be assisted in the patrol and 

enforcement of the safety zone by 

Federal, State, and local agencies. 

(e) Enforcement period. This zone 

will be enforced from approximately, 

but no earlier than, 9 p.m. to 

approximately, but no later than, 10 

p.m. on July 4, 2022. 

Dated: June 27, 2022. 

Jonathan D. Theel, 

Captain, U.S. Coast Guard Captain of the 

Port Delaware Bay. 

[FR Doc. 2022–14044 Filed 6–29–22; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 370 

[Docket No. 20–CRB–0007–RM] 

Regulation Concerning Proxy 

Distributions for Unmatched Royalties 

Deposited During 2010–2018 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

(Judges) are amending the applicable 

regulations to authorize the use of proxy 

reports of use to facilitate distribution of 

royalties collected for periods prior to 

January 1, 2019, for the licenses to make 

ephemeral reproduction and perform 

publicly sound recordings by means of 

digital audio transmissions. Proxy 

reports of use will be used for those 

services for which no reports of use 

were submitted or for which the reports 

of use were unusable. 

DATES: Effective August 1, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, CRB Program Specialist, 

(202) 707–7658, crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 112 and 114 of the Copyright 

Act, title 17 of the United States Code, 

are the statutory licenses governing the 

public performance of sound recordings 

by certain types of eligible services 1 by 

means of a digital audio transmission. 

17 U.S.C. 112(e), 114. Services operating 

under these licenses are required to, 

among other things, pay royalty fees and 

report to copyright owners of sound 

recordings on the use of their works. Id. 

The Copyright Act directs the Judges to 

determine the royalty rates to be paid, 

17 U.S.C. 114(f)(1)(A), (f)(2)(A) and 17 

U.S.C. 112(e)(3), and to establish 

regulations to give copyright owners 

reasonable notice of the use of their 

works and create and maintain records 

of use for delivery to copyright owners. 

17 U.S.C. 114(f)(4)(A) and 17 U.S.C. 

112(e)(4). 

The purpose of the notice and 

recordkeeping requirement is to ensure 

that the royalties collected under the 

statutory licenses are distributed by a 

central source—a Collective—or other 

agents designated to receive royalties 

from the Collective to the correct 

recipients. The Judges promulgated final 

notice and recordkeeping regulations on 

October 13, 2009.2 See 74 FR 52418. 

On November 20, 2018, 

SoundExchange, Inc., the entity 

designated by the Judges as the 

Collective, requested that the Judges 

amend the applicable regulations to 

authorize SoundExchange ‘‘to use proxy 

reporting data to distribute to copyright 

owners and performers certain sound 

recording royalties for periods before 

2019 that are otherwise undistributable 

due to licensees’ failure to provide 

reports of use’’ or their provision of 

‘‘reports of use that are so deficient as 

to be unusable.’’ Letter from Steven R. 

Englund, counsel for SoundExchange, 

Inc., Docket No. 20–CRB–0007–RM at 1 

& n.1. 

In a second letter dated April 23, 2020 

(April Letter), SoundExchange renewed 

its request. In the April Letter, 

SoundExchange stated it was holding 

approximately $32 million in statutory 

royalties for the period 2010 through 

2018 and requested that the Judges 

authorize SoundExchange to distribute 

these royalties using the same ‘‘annual/ 

license type methodology’’ that the 

Judges approved in 2011. April Letter at 

2, citing 37 CFR 370.3(i), 370.4(f). 

SoundExchange requested that the 

Judges change the dates in the cited 

regulations from ‘‘2010’’ to ‘‘2019.’’ 

In May 2020, the Judges published a 

notice of proposed rulemaking (NPRM) 

seeking comment on SoundExchange’s 

proposal. 85 FR 32323 (May 29, 2020). 

In the notice, the Judges also announced 

that, if they adopted the proposed 

regulations, they intended to change the 

mandatory ‘‘shall’’ to a permissive 

‘‘may’’ to authorize the subject 

distributions. Comments responsive to 

the NPRM were due June 29, 2020. 

The Judges received three comments 

in response to the NPRM. One 

commenter, David Powell, filed a 

comment that in no way revealed an 

interest in the rulemaking proceeding. 

The comment of Sun-Glo Records, Inc. 

asserted an interest in recording 

royalties, but did not oppose the 

proposed rule change. 

The third comment was submitted by 

SoundExchange, and addresses specific 

topics concerning which the Judges had 

previously inquired in connection with 

this NPRM. Specifically, 

SoundExchange states in this comment 

that: 

(1) It agrees with the Judges that it is 

preferable to use permissive language 

(the word ‘‘may’’) that would merely 

allow SoundExchange to use proxy data 

to distribute the relevant royalties, 

rather than mandatory regulatory 

language (the word ‘‘shall’’); 

(2) It has exhausted all reasonable 

alternative means to obtain missing 

reports; and 

(3) Use of the proposed annual/ 

license type method, as set forth in the 

proposed regulations, is a reasonable 

option. 

Given that the proxy will be applied 

to a small percentage of royalties for the 

relevant time period and that no viable 

alternatives have been provided, the 

Judges are adopting as final the 

proposed regulations as set forth in the 

NPRM allowing for the use of the proxy 

proposed by SoundExchange for the 

distribution of royalties for all periods 

before January 1, 2019. Adoption of the 

proposed regulations, especially in the 

absence of opposition to the proposed 

proxy, will promote the expeditious 

distribution of the affected royalties. 

List of Subjects in 37 CFR Part 370 

Copyright, Sound recordings. 

Final Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

amend 37 CFR part 370 as follows: 


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