82 FR 15296 - Safety Zone; San Francisco Giants Fireworks Display, San Francisco Bay, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITY
Coast Guard

Federal Register Volume 82, Issue 58 (March 28, 2017)

Page Range		15296-15297
FR Document		2017-06082

The Coast Guard will enforce the safety zone for the annual San Francisco Giants Fireworks Display in the Captain of the Port, San Francisco area of responsibility during the dates and times noted below. This action is necessary to protect life and property of the maritime public from the hazards associated with the fireworks display. During the enforcement period, unauthorized persons or vessels are prohibited from entering into, transiting through, or anchoring in the safety zone, unless authorized by the Patrol Commander (PATCOM).

Federal Register, Volume 82 Issue 58 (Tuesday, March 28, 2017)

[Federal Register Volume 82, Number 58 (Tuesday, March 28, 2017)]
[Rules and Regulations]
[Pages 15296-15297]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-06082]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0559]


Safety Zone; San Francisco Giants Fireworks Display, San 
Francisco Bay, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the safety zone for the annual 
San Francisco Giants Fireworks Display in the Captain of the Port, San 
Francisco area of responsibility during the dates and times noted 
below. This action is necessary to protect life and property of the 
maritime public from the hazards associated with the fireworks display. 
During the enforcement period, unauthorized persons or vessels are 
prohibited from entering into, transiting through, or anchoring in the 
safety zone, unless authorized by the Patrol Commander (PATCOM).

DATES: The regulations in 33 CFR 165.1191, Table 1, Item number 1, will 
be enforced from 11 a.m. on May 26, 2017 to 1 a.m. on May 27, 2017, or 
as announced via Broadcast Notice to Mariners.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice, 
call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast 
Guard Sector San Francisco; telephone (415) 399-3585 or email at [email protected].

SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a 100 foot 
safety zone around the fireworks barge during the loading, transit, and 
arrival of the fireworks barge from the loading location to the display 
location and until the start of the fireworks display. From 11 a.m. on 
May 26, 2017 until 5 p.m. on May 26, 2017, the fireworks barge will be 
loading pyrotechnics from Pier 50 in San Francisco, CA. The fireworks 
barge will remain at the loading location until its transit to the 
display location. From 8:30 p.m. to 9 p.m. on May 26, 2017, the loaded 
fireworks barge will transit from Pier 50 to the launch site near Pier 
48 in approximate position 37[deg]46'36'' N., 122[deg]22'56'' W. (NAD 
83) where it will remain until the conclusion of the fireworks display. 
Upon the commencement of the 15 minute fireworks display, scheduled to 
begin at the conclusion of the baseball game, at approximately 10 p.m. 
on May 26, 2017, the safety zone will increase in size and encompass 
the navigable waters around and under the fireworks barge within a 
radius 700 feet near Pier 48 in approximate position 37[deg]46'36'' N., 
122[deg]22'56'' W. (NAD 83) for the San Francisco Giants Fireworks in 
33 CFR 165.1191, Table 1, Item number 1. This safety zone will be in 
effect from 11 a.m. on May 26, 2017 until 1 a.m. on May 27, 2017, or as 
announced via Broadcast Notice to Mariners.
    Under the provisions of 33 CFR 165.1191, unauthorized persons or 
vessels are prohibited from entering into, transiting through, or 
anchoring in the safety zone during all applicable effective dates and 
times, unless

[[Page 15297]]

authorized to do so by the PATCOM. Additionally, each person who 
receives notice of a lawful order or direction issued by an official 
patrol vessel shall obey the order or direction. The PATCOM is 
empowered to forbid entry into and control the regulated area. The 
PATCOM shall be designated by the Commander, Coast Guard Sector San 
Francisco. The PATCOM may, upon request, allow the transit of 
commercial vessels through regulated areas when it is safe to do so.
    This notice is issued under authority of 33 CFR 165.1191 and 5 
U.S.C. 552 (a). In addition to this notice in the Federal Register, the 
Coast Guard will provide the maritime community with extensive advance 
notification of the safety zone and its enforcement period via the 
Local Notice to Mariners. If the Captain of the Port determines that 
the regulated area need not be enforced for the full duration stated in 
this notice, a Broadcast Notice to Mariners may be used to grant 
general permission to enter the regulated area.

    Dated: March 9, 2017.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port of San Francisco.
[FR Doc. 2017-06082 Filed 3-27-17; 8:45 am]
 BILLING CODE 9110-04-P

Federal Register / Vol. 82, No. 58 / Tuesday, March 28, 2017 / Rules and Regulations 15297

authorized to do so by the PATCOM. Background Songwriters Association International
Additionally, each person who receives The Copyright Royalty Judges (Judges) (NSAI) (together, Copyright Owners)
notice of a lawful order or direction received a Motion to Adopt Settlement filed a motion seeking leave to respond
issued by an official patrol vessel shall (Motion) from UMG Recordings, Inc. to the SME comment and partial
obey the order or direction. The (UMG) 1 and Warner Music, Inc. objection to the settlement. The Judges
PATCOM is empowered to forbid entry (WMG),2 in their respective capacities granted the Copyright Owners’ motion
into and control the regulated area. The as licensees of nondramatic musical and extended the initial comment
PATCOM shall be designated by the works. The Motion sought approval of a period to permit interested parties to
Commander, Coast Guard Sector San partial settlement of the license rate submit responsive comments. See 81 FR
Francisco. The PATCOM may, upon proceeding before the Judges titled 71657 (Oct. 18, 2016). The Judges thus
request, allow the transit of commercial Determination of Royalty Rates and considered Copyright Owners’
vessels through regulated areas when it Terms for Making and Distributing responsive comments, which they had
is safe to do so. Phonorecords (Phonorecords III), Docket attached to their motion for leave to
This notice is issued under authority No. 16–CRB–0003–PR. UMG and WMG respond. During the extended comment
of 33 CFR 165.1191 and 5 U.S.C. 552 (a). reported that they reached the period, the Judges received a comment
In addition to this notice in the Federal settlement with ‘‘a significant portion of in support of the proposed settlement
Register, the Coast Guard will provide the sound recording and music from ‘‘Anonymous.’’ 4
the maritime community with extensive publishing industries’’ to continue On or about October 28, 2016, the
advance notification of the safety zone unaltered the currently existing rates Judges received a Motion to Adopt
and its enforcement period via the Local and terms in subpart A of 37 CFR part Settlement Industry-Wide (Second
Notice to Mariners. If the Captain of the 385 for the ‘‘Mechanical License’’, i.e., Motion). In the Second Motion, the
Port determines that the regulated area the statutory license for the use of Copyright Owners reported an
need not be enforced for the full nondramatic musical works in the agreement between Copyright Owners
duration stated in this notice, a making and distributing of and SME, resolving all issues SME
Broadcast Notice to Mariners may be phonorecords. See 17 U.S.C. 115. raised in its partial objection to the
used to grant general permission to Section 801(b)(7)(A) of the Copyright proposed settlement. According to the
enter the regulated area. Act authorizes the Judges to adopt rates Second Motion, the parties agreed that:
Dated: March 9, 2017. and terms negotiated by ‘‘some or all of (1) SME would withdraw its objection to
Anthony J. Ceraolo, the participants in a proceeding at any the proposed rule, (2) Copyright Owners
Captain, U.S. Coast Guard, Captain of the time during the proceeding’’ provided would withdraw their response to
Port of San Francisco. the settling parties submit the SME’s objection, (3) the parties to the
[FR Doc. 2017–06082 Filed 3–27–17; 8:45 am]
negotiated rates and terms to the Judges settlement would request that the Judges
for approval. That provision directs the adopt the settlement industry-wide, and
BILLING CODE 9110–04–P
Judges to provide those who would be (4) SME would withdraw from the
bound by the negotiated rates and terms proceeding, except to support adoption
an opportunity to comment on the of the settlement or, if the settlement
LIBRARY OF CONGRESS were not adopted, to litigate matters
agreement.
Copyright Royalty Board The Judges published the proposed relating to the subpart A regulations.
settlement in the Federal Register and By its terms, the partial settlement
37 CFR Part 385 requested comments from the public.3 applied originally only to UMG, WMG,
81 FR 48371 (July 25, 2016). The Judges and the unnamed ‘‘significant portion of
[Docket No. 16–CRB–0003–PR] received comments from three entities: the . . . music publishing industries’’
American Association of Independent with whom the licensees had agreed.
Determination of Royalty Rates and Music (A2IM), Sony Music The Second Motion expanded the
Terms for Making and Distributing Entertainment (SME), and George D. settlement to include SME as a licensee
Phonorecords (Phonorecords III); Johnson dba GEO Music (Mr. Johnson). subject to the settlement rates and
Subpart A Configurations of the A2IM urged adoption of the agreed terms.
Mechanical License settlement. SME did not oppose The Judges ‘‘may decline to adopt the
AGENCY: Copyright Royalty Board, continuing the existing royalty rates, but agreement as a basis for statutory terms
Library of Congress. opposed adoption of one portion of the and rates for participants that are not
ACTION: Final rule. proposed regulation, viz., the late fee parties to the agreement,’’ only ‘‘if any
provision. Mr. Johnson opposed participant [in the proceeding] objects to
SUMMARY: The Copyright Royalty Judges adoption of the settlement. the agreement and the [Judges]
publish final regulations that set The National Music Publishers’ conclude, based on the record before
continued, unaltered rates and terms for Association (NMPA) and the Nashville them if one exists, that the agreement
subpart A configurations subject to the does not provide a reasonable basis for
statutory license to use nondramatic 1 UMG Recordings, Inc. includes its successors
setting statutory terms or rates.’’ 17
musical works to make and distribute and affiliates that engage in the production and
distribution of recorded music, including Capitol
U.S.C. 801(b)(7)(A)(ii).
phonorecords of those works (the Christian Music group, Inc., and Capitol Records,
Mechanical License). In addition, the Mr. Johnson’s Objections to the
LLC.
Judges correct an outdated cross- 2 Warner Music, Inc. includes its successors and Settlement
mstockstill on DSK3G9T082PROD with RULES

reference in the regulations. affiliates that engage in the production and George Johnson, dba GEO Music,
distribution of recorded music.
DATES: Effective Date: March 28, 2017. 3 The notice of settlement included a proposed
appears in this proceeding as a pro se
FOR FURTHER INFORMATION CONTACT: rule that purported to limit the license rates at issue participant. Mr. Johnson’s comment
Anita Blaine, Program Specialist, by to the time period 2018 to 2022. See 81 FR 48371
telephone at (202) 707–7658 or by email (Jul. 25, 2016). In fact, the license rates adopted in 4 Without more information, the Judges cannot

this Final Rule will remain in effect until determine whether ‘‘Anonymous’’ is a participant
at crb@loc.gov. superseded by a subsequent rulemaking. See 17 in this proceeding. As ‘‘Anonymous’’ made no
SUPPLEMENTARY INFORMATION: U.S.C. 115(c)(3)(C). objection, however, participant status is irrelevant.

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Document Created: 2017-03-28 00:32:47
Document Modified: 2017-03-28 00:32:47

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		Rules and Regulations
Action		Notice of enforcement of regulation.
Dates		The regulations in 33 CFR 165.1191, Table 1, Item number 1, will be enforced from 11 a.m. on May 26, 2017 to 1 a.m. on May 27, 2017, or as announced via Broadcast Notice to Mariners.
Contact		If you have questions on this notice, call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast Guard Sector San Francisco; telephone (415) 399-3585 or email at D11- [email protected]
FR Citation		82 FR 15296

82 FR 15296 - Safety Zone; San Francisco Giants Fireworks Display, San Francisco Bay, San Francisco, CA

DEPARTMENT OF HOMELAND SECURITYCoast Guard

Federal Register Volume 82, Issue 58 (March 28, 2017)

DEPARTMENT OF HOMELAND SECURITY
Coast Guard