81 FR 24521 - Safety Zone, Shallowbag Bay; Manteo, NC

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 81, Issue 80 (April 26, 2016)

Page Range		24521-24523
FR Document		2016-09677

The Coast Guard proposes to establish a temporary safety zone on the navigable waters of Shallowbag Bay, in Manteo, NC. This proposed safety zone would restrict vessel movement from a portion of Shallowbag Bay River during the Manteo July 4th Celebration Fireworks display. This action is necessary for the safety of life and property on the surrounding navigable waters during the fireworks display. The Coast Guard invites comments on this proposed rule.

Federal Register, Volume 81 Issue 80 (Tuesday, April 26, 2016)

[Federal Register Volume 81, Number 80 (Tuesday, April 26, 2016)]
[Proposed Rules]
[Pages 24521-24523]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-09677]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0131]
RIN 1625-AA00


Safety Zone, Shallowbag Bay; Manteo, NC

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes to establish a temporary safety zone 
on the navigable waters of Shallowbag Bay, in Manteo, NC. This proposed 
safety zone would restrict vessel movement from a portion of Shallowbag 
Bay River during the Manteo July 4th Celebration Fireworks display. 
This action is necessary for the safety of life and property on the 
surrounding navigable waters during the fireworks display. The Coast 
Guard invites comments on this proposed rule.

DATES: Comments and related material must be received by the Coast 
Guard on or before May 11, 2016.

ADDRESSES: You may submit comments identified by docket number USCG-
2016-0131 using the Federal eRulemaking Portal at http://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 LCDR Derek J. Burrill, Coast Guard 
Sector North Carolina, Coast Guard; telephone (910) 772-2230, email 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    On July 4, 2016 fireworks will be launched from a barge located in 
Shallowbag Bay in Manteo, North Carolina as part of the Manteo July 4th 
Celebration. The Captain of the Port North Carolina (COTP) proposes to 
establish a temporary safety zone on specified waters of Shallowbag Bay 
within a 200 yard radius of a barge anchor. This safety zone would be 
effective and enforced from 9:00 p.m. to 10:30 p.m. on July 4, 2016 
with a rain date of July 5, 2016. Access to the safety zone would be 
restricted during the specified date and time.
    The purpose of this temporary safety zone is to ensure the safety 
of vessels and spectators from hazards associated with the fireworks 
display, such as accidental discharge of fireworks, dangerous 
projectiles, and falling hot embers or other debris.
    The legal basis for the rule is the Coast Guard's authority to 
establish safety zones: 33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Public 
Law 107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 9:00 p.m. to 
10:30 p.m. on July 4, 2016 with a rain date being July 5, 2016. The 
safety zone would cover all navigable waters within 200 yards of barge 
anchor. The duration of the zone is intended to ensure the safety of 
vessels and these navigable waters before, during, and after the 
scheduled 9:30 to 10:00 p.m. fireworks display. All persons and vessels 
would need to comply with the instructions of the COTP or his 
designated representative. Except for vessels authorized by the COTP or 
his designated representative, no person or vessel would be allowed to 
enter or remain in the safety zone. Notification of the temporary 
safety zone would be provided to the public via marine information 
broadcasts.

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 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. 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.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of the safety zone. Vessel traffic 
would be able to safely transit around this safety zone which would 
impact a small designated area of Shallowbag Bay, Manteo, North 
Carolina for less than 1 hour. Moreover, the Coast Guard would issue a 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow 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 
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 
safety zone 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 contact the person listed in the FOR FURTHER INFORMATION

[[Page 24522]]

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 contact 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 Management Directive 023-01 and Commandant Instruction 
M16475.lD, 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: A safety 
zone lasting less than 2 hours that would prohibit entry within 200 
yards of a fireworks barge. Normally such actions are categorically 
excluded from further review under paragraph 34(g) of Figure 2-1 of 
Commandant Instruction M16475.lD. We seek any comments or information 
that may lead to the discovery of a significant environmental impact 
from this proposed rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact 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.
    We encourage you to submit comments through the Federal eRulemaking 
Portal at http://www.regulations.gov. If your material cannot be 
submitted using http://www.regulations.gov, contact the person in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    We accept anonymous comments. All comments received will be posted 
without change to http://www.regulations.gov and will include any 
personal information you have provided. For more about privacy and the 
docket, you may review a Privacy Act notice regarding the Federal 
Docket Management System in the March 24, 2005, issue of the Federal 
Register (70 FR 15086).
    Documents mentioned in this NPRM as being available in the docket, 
and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's 
instructions. Additionally, if you go to the online docket and sign up 
for email alerts, you will be notified when comments are posted or a 
final rule is published.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, and Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes 
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1231; 46 U.S.C. Chapter 701, 3306, 3703; 
50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub. L. 
107-295, 116 Stat. 2064; Department of Homeland Security Delegation 
No. 0170.1.

0
2. Add temporary Sec.  165.T05-0437 to read as follows:


Sec.  165.T05-0437  Safety Zone, Shallowbag Bay; Manteo, NC.

    (a) Definitions. For the purposes of this section, ``Captain of the 
Port'' means the Commander, Sector North Carolina. ``Representative'' 
means any Coast Guard commissioned, warrant, or petty officer who has 
been authorized to act on the behalf of the Captain of the Port.
    (b) Location. The following area is a safety zone: All waters on 
Shallowbag Bay within a 200 yard radius of a barge anchor in position 
35[deg]54'31'' N., longitude 075[deg]39'46'' W. (NAD 1983).
    (c) Regulations. (1) The general regulations contained in Sec.  
165.23 of this part apply to the area described in paragraph (b) of 
this section.
    (2) Persons or vessels requesting entry into or passage through any 
portion of the safety zone must first request authorization from the 
Captain of the Port, or a designated representative. The Captain of the 
Port or his designated representative can be contacted at telephone 
number (910) 343-3882 or by radio on VHF Marine Band Radio, channels 13 
and 16.
    (d) Enforcement. The U.S. Coast Guard may be assisted in the patrol 
and enforcement of the zone by Federal, State, and local agencies.
    (e) Enforcement period. This section will be enforced from 9:00 
p.m. to 10:30 p.m. on July 4, 2016 or a rain date of July 5, 2016 
unless cancelled earlier by the Captain of the Port.


[[Page 24523]]


    Dated: April 7, 2016.
J.S. Dufresne,
Captain, U.S. Coast Guard, Captain of the Port North Carolina.
[FR Doc. 2016-09677 Filed 4-25-16; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Proposed Rules 24521

submissions accordingly to the report, II. Background, Purpose, and Legal necessary, to select regulatory
its findings, and conclusions. Basis approaches that maximize net benefits.
Dated : April 21 , 2016. On July 4, 2016 fireworks will be Executive Order 13563 emphasizes the
Richard Cordray, launched from a barge located in importance of quantifying both costs
Shallowbag Bay in Manteo, North and benefits, of reducing costs, of
Director, Bureau of Consumer Financial
Carolina as part of the Manteo July 4th harmonizing rules, and of promoting
Protection.
Celebration. The Captain of the Port flexibility. This NPRM has not been
[FR Doc. 2016–09695 Filed 4–25–16; 8:45 am]
North Carolina (COTP) proposes to designated a ‘‘significant regulatory
BILLING CODE 4810–AM–P
establish a temporary safety zone on action,’’ under Executive Order 12866.
specified waters of Shallowbag Bay Accordingly, the NPRM has not been
within a 200 yard radius of a barge reviewed by the Office of Management
DEPARTMENT OF HOMELAND and Budget.
anchor. This safety zone would be
SECURITY This regulatory action determination
effective and enforced from 9:00 p.m. to
10:30 p.m. on July 4, 2016 with a rain is based on the size, location, duration,
Coast Guard and time-of-day of the safety zone.
date of July 5, 2016. Access to the safety
zone would be restricted during the Vessel traffic would be able to safely
33 CFR Part 165 transit around this safety zone which
specified date and time.
[Docket Number USCG–2016–0131] The purpose of this temporary safety would impact a small designated area of
zone is to ensure the safety of vessels Shallowbag Bay, Manteo, North
RIN 1625–AA00 Carolina for less than 1 hour. Moreover,
and spectators from hazards associated
Safety Zone, Shallowbag Bay; Manteo, with the fireworks display, such as the Coast Guard would issue a
accidental discharge of fireworks, Broadcast Notice to Mariners via VHF–
NC
dangerous projectiles, and falling hot FM marine channel 16 about the zone,
AGENCY: Coast Guard, DHS. embers or other debris. and the rule would allow vessels to seek
ACTION: Notice of proposed rulemaking. The legal basis for the rule is the permission to enter the zone.
Coast Guard’s authority to establish B. Impact on Small Entities
SUMMARY: The Coast Guard proposes to safety zones: 33 U.S.C. 1231; 46 U.S.C.
establish a temporary safety zone on the Chapter 701, 3306, 3703; 50 U.S.C. 191, The Regulatory Flexibility Act of
navigable waters of Shallowbag Bay, in 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, 1980, 5 U.S.C. 601–612, as amended,
Manteo, NC. This proposed safety zone 160.5; Public Law 107–295, 116 Stat. requires Federal agencies to consider
would restrict vessel movement from a 2064; Department of Homeland Security the potential impact of regulations on
portion of Shallowbag Bay River during Delegation No. 0170.1. small entities during rulemaking. The
the Manteo July 4th Celebration term ‘‘small entities’’ comprises small
Fireworks display. This action is III. Discussion of Proposed Rule businesses, not-for-profit organizations
necessary for the safety of life and The COTP proposes to establish a that are independently owned and
property on the surrounding navigable safety zone from 9:00 p.m. to 10:30 p.m. operated and are not dominant in their
waters during the fireworks display. The on July 4, 2016 with a rain date being fields, and governmental jurisdictions
Coast Guard invites comments on this July 5, 2016. The safety zone would with populations of less than 50,000.
proposed rule. cover all navigable waters within 200 The Coast Guard certifies under 5 U.S.C.
DATES: Comments and related material yards of barge anchor. The duration of 605(b) that this proposed rule would not
must be received by the Coast Guard on the zone is intended to ensure the safety have a significant economic impact on
or before May 11, 2016. of vessels and these navigable waters a substantial number of small entities.
before, during, and after the scheduled While some owners or operators of
ADDRESSES: You may submit comments vessels intending to transit the safety
identified by docket number USCG– 9:30 to 10:00 p.m. fireworks display. All
persons and vessels would need to zone may be small entities, for the
2016–0131 using the Federal reasons stated in section IV.A above this
eRulemaking Portal at http:// comply with the instructions of the
COTP or his designated representative. proposed rule would not have a
www.regulations.gov. See the ‘‘Public significant economic impact on any
Participation and Request for Except for vessels authorized by the
COTP or his designated representative, vessel owner or operator.
Comments’’ portion of the If you think that your business,
SUPPLEMENTARY INFORMATION section for
no person or vessel would be allowed to
enter or remain in the safety zone. organization, or governmental
further instructions on submitting jurisdiction qualifies as a small entity
comments. Notification of the temporary safety
zone would be provided to the public and that this rule would have a
FOR FURTHER INFORMATION CONTACT: If via marine information broadcasts. significant economic impact on it,
you have questions about this proposed please submit a comment (see
rulemaking, call or email LCDR Derek J. IV. Regulatory Analyses ADDRESSES) explaining why you think it
Burrill, Coast Guard Sector North We developed this proposed rule after qualifies and how and to what degree
Carolina, Coast Guard; telephone (910) considering numerous statutes and this rule would economically affect it.
772–2230, email Derek.J.Burrill@ Executive orders related to rulemaking. Under section 213(a) of the Small
uscg.mil. Below we summarize our analyses Business Regulatory Enforcement
based on a number of these statutes and Fairness Act of 1996 (Pub. L. 104–121),
mstockstill on DSK4VPTVN1PROD with PROPOSAL

SUPPLEMENTARY INFORMATION:
Executive orders and we discuss First we want to assist small entities in
I. Table of Abbreviations Amendment rights of protestors. understanding this proposed rule. If the
rule would affect your small business,
CFR Code of Federal Regulations A. Regulatory Planning and Review
DHS Department of Homeland Security
organization, or governmental
FR Federal Register Executive Orders 12866 and 13563 jurisdiction and you have questions
NPRM Notice of proposed rulemaking direct agencies to assess the costs and concerning its provisions or options for
§ Section benefits of available regulatory compliance, please contact the person
U.S.C. United States Code alternatives and, if regulation is listed in the FOR FURTHER INFORMATION

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Federal Register / Vol. 81, No. 80 / Tuesday, April 26, 2016 / Proposed Rules 24523

Dated: April 7, 2016. (Motion). The Judges hereby publish National Cable & Telecommunications
J.S. Dufresne, proposed regulations reflecting the Association and the American Cable
Captain, U.S. Coast Guard, Captain of the proposed settlement and request Association and another from a group
Port North Carolina. comments from interested parties as referring to itself as the ‘‘Phase I
[FR Doc. 2016–09677 Filed 4–25–16; 8:45 am] required by 17 U.S.C. 801(b)(7)(A). Parties’’.2 The Judges accepted these
BILLING CODE 9110–04–P
Section 111 of the Copyright Act petitions and commenced a Voluntary
grants a statutory copyright license to Negotiation Period (VNP).
cable television systems for the distant On December 15, 2015, at the
LIBRARY OF CONGRESS retransmission of over-the-air television conclusion of the VNP, all participants
and radio broadcast stations to their notified the Judges that they had settled
Copyright Royalty Board subscribers. 17 U.S.C. 111(c). In and asked that cable retransmission
exchange for the license, cable operators rates remain unchanged for the rate
37 CFR Chapter III submit to the Copyright Office period 2015 to 2019, inclusive. On
semiannually royalty payments and November 23, 2015, however, one of the
[Docket No. 15–CRB–0010–CA] statements of account detailing their participants, the Joint Sports Claimants
retransmissions. 17 U.S.C. 111(d)(1). (JSC),3 had filed a ‘‘Petition . . . to
Adjustment of Cable Statutory License The Copyright Office deposits the Initiate Cable Royalty Rate Adjustment
Royalty Rates royalties into the United States Treasury Proceedings’’ with a self-styled caption
AGENCY: Copyright Royalty Board, for later distribution to copyright indicating a proceeding for cable rate
Library of Congress. owners of the broadcast programming adjustments ‘‘for Retransmission of
ACTION: Proposed rule. that the cable systems retransmit. 17 Certain Sports Telecasts.’’ Given the
U.S.C. 111(d)(2). seemingly conflicting positions of the
SUMMARY: The Copyright Royalty Judges A cable system calculates its royalty JSC, the Judges rejected the settlement,
(Judges) publish for comment proposed payments in accordance with the without prejudice.
regulations governing royalty rates and statutory formula described in 17 U.S.C. The settling participants have now
terms for the distant retransmission of 111(d)(1). Royalty rates are based upon asked that the Judges adopt the
over-the-air television and radio a cable system’s gross receipts from settlement and permit continuing
broadcast stations by cable television subscribers who receive retransmitted proceedings to determine whether and
systems to their subscribers. broadcast signals. For rate calculation to what degree to make a rate
DATES: Comments are due no later than purposes, cable systems are divided into adjustment under section 801(b)(2)(C).
May 17, 2016. three tiers based on their gross receipts Motion at 1, 6–7. Section 801(b)(2)(C)
ADDRESSES: Submit electronic
(small, medium, and large). 17 U.S.C. provides for adjustment proceedings 4 in
comments via email to crb@loc.gov or 111(d)(1)(B) through (F). Both the the event the Federal Communications
online at http://www.regulations.gov. applicable rates and the tiers are subject Commission (FCC) changes its rule
Those who choose not to submit to adjustment. 17 U.S.C. 801(b)(2). ‘‘with respect to . . . sports program
Every five years persons with a exclusivity. . . .’’ The JSC base their
comments electronically should see
significant interest in the royalty rates November 23, 2015 petition on an FCC
How to Submit Comments in the
may file petitions to initiate a rule change, viz., repeal of the sports
SUPPLEMENTARY INFORMATION section
proceeding to adjust the rates. 17 U.S.C. exclusivity rules, effective November
below for physical addresses and further
804(a) and (b). No person with a 24, 2014.5 The Judges announce
instructions. The proposed rule is also
significant interest filed a petition to
posted on the agency’s Web site
initiate a proceeding in 2015.1 2 The Phase I Parties consist of Program
(www.loc.gov/crb). Suppliers, Joint Sports Claimants, Public Television
Therefore, the Judges initiated this rate
FOR FURTHER INFORMATION CONTACT: adjustment proceeding by notice Claimants, Commercial Television Claimants,
Kimberly Whittle, Attorney Advisor, by Music Claimants, Canadian Claimants Group,
published in the Federal Register in National Public Radio, and Devotional Claimants.
telephone at (202) 707–7658, or by June 2015. See 17 U.S.C. 801(b)(2), 3 Joint Sports Claimants are: The National
email at crb@loc.gov. 803(b)(1), 804(a) and (b); 80 FR 35403 Basketball Association, the National Collegiate
SUPPLEMENTARY INFORMATION: (Jun. 19, 2015). Athletic Association, the National Football League,
the National Hockey League, the Office of the
Background The Judges received two joint Commissioner of Baseball, and the Women’s
Petitions to Participate, one from the National Basketball Association.
On January 15, 2016, the Copyright 4 Apart from the quinquennial proceedings
Royalty Judges (Judges) received a 1 The cable rates were last adjusted in 2005, at a required by § 804 of the Act.
motion from the National Cable & time when the Copyright Office was transferring 5 Petition of the Joint Sports Claimants to Initiate

Telecommunications Association, the responsibility for royalty rate proceedings from Cable Royalty Rate Adjustment Proceedings (Nov.
Copyright Arbitration Royalty Panels (CARP) to the 23, 2015). In its petition, JSC requests that the
American Cable Association, and a newly authorized Copyright Royalty Judges. Judges ‘‘initiate proceedings to adjust the cable
group referring to itself as the ‘‘Phase I Although the Judges commenced a rate proceeding statutory license royalty rates ‘to assure that such
Parties’’ requesting that the Judges adopt relating to the 2010 rate adjustment, the Judges rates are reasonable in light of’ the repeal of the
a partial settlement of the movants’ terminated it when passage of the Satellite Sports Blackout Rules.’’ Petition at 1. In its Motion
Television Extension and Localism Act of 2010, to Adopt Partial Settlement, the self-styled
interests regarding royalty rates and Public Law 111–151, 124 Stat. 1027 (‘‘2010 ‘‘Participating Parties,’’ which includes JSC, states
terms for the statutory copyright license STELA’’), rendered the proceeding unnecessary. that ‘‘[t]he Joint Sports Rule Petition requests a new
for eligible cable retransmissions for the See Order Granting Request to Terminate Section 111 royalty rate pursuant to 17 U.S.C.
mstockstill on DSK4VPTVN1PROD with PROPOSAL

period 2015–2019. The settlement Proceeding, Docket No. 2010–1 CRB Cable Rate 801(b)(2)(C) to account for the November 2014
(July 13, 2010). At that time, although the act elimination of the [FCC’s] Sports Rule (a ‘‘Sports
proposes that the rates, terms, and gross changed the relevant rates, neither the Register of Rule Surcharge’’). Motion at 1–2. According to the
receipts limitations remain the same as Copyrights nor the Judges updated the statement of Motion, ‘‘[n]either the Judges nor their predecessors
those currently in effect. See 17 U.S.C. the prior rates in subsections (a) and (b) of section have previously conducted any proceeding under
111(d)(1)(B) and 37 CFR 256.2(c)–(d). 256 of 37 CFR, the chapter of the Regulations Section 801(b)(2)(C) to consider the adoption of a
applying to CARP. The STELA Reauthorization Act cable rate to account for changes in the FCC Sports
Motion of the Participating Parties to of 2014 did not change the cable royalty rates in Rule,’’ although Section 801(b)(2)(C) has been
Adopt Partial Settlement, Docket No. § 111. See Public Law 113–200, 28 Stat. 2059 (Dec. invoked twice since its enactment with respect to
15–CRB–0010–CA (2015–2019) 4, 2014). Continued

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Document Created: 2016-04-26 01:36:06
Document Modified: 2016-04-26 01:36:06

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Notice of proposed rulemaking.
Dates		Comments and related material must be received by the Coast Guard on or before May 11, 2016.
Contact		If you have questions about this proposed rulemaking, call or email LCDR Derek J. Burrill, Coast Guard Sector North Carolina, Coast Guard; telephone (910) 772-2230, email [email protected]
FR Citation		81 FR 24521
RIN Number		1625-AA00
CFR Associated		Harbors; Marine Safety; Navigation (water); Reporting and Recordkeeping Requirements; Security Measures and Waterways

81 FR 24521 - Safety Zone, Shallowbag Bay; Manteo, NC

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 81, Issue 80 (April 26, 2016)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard