82 FR 29800 - Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 82, Issue 125 (June 30, 2017)
Coast Guard
Federal Register Volume 82, Issue 125 (June 30, 2017)
| Page Range | 29800-29804 | |
| FR Document | 2017-13857 |
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)] [Proposed Rules] [Pages 29800-29804] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13857] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2016-0257] RIN 1625-AA09 Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ AGENCY: Coast Guard, DHS. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- SUMMARY: The Coast Guard proposes to modify the operating regulation that governs the DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ. This proposed regulation will allow the bridge to be remotely operated from the Conrail South Jersey dispatch center in Mount Laurel, NJ, instead of being operated by an on-site bridge tender. This regulation will not change the operating schedule of the bridge. DATES: Comments and related material must reach the Coast Guard on or before August 18, 2017. ADDRESSES: You may submit comments identified by docket number USCG- 2016-0257 using Federal eRulemaking Portal at http://www.regulations.gov. See the ``Public Participation and Request for Comments'' portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments. [[Page 29801]] FOR FURTHER INFORMATION CONTACT: If you have questions on this proposed rule, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb); telephone (757) 398-6222, 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 The DELAIR Memorial Railroad Bridge across the Delaware River, mile 104.6, at Pennsauken Township, NJ, owned and operated by Conrail Shared Assets, has a vertical clearance of 49 feet above mean high water in the closed-to-navigation position. There is a daily average of 28 New Jersey Transit trains and eight Conrail freight trains that cross the bridge and a daily average of three bridge openings that allow one or more vessels to transit through the bridge during each opening. The bridge is normally maintained in the closed position due to the average daily number of trains crossing the bridge. The operating schedule is published in 33 CFR 117.716. This current operating schedule has been in effect since 1984 and will not change with the implementation of remote operation of the bridge. However, within this proposed operating schedule, Sec. 117.716 will be restructured from its current configuration to clearly distinguish the remote operation of the DELAIR Memorial Railroad Bridge. This proposed operating regulation allows the bridge to be operated remotely from the bridge owner's South Jersey dispatch center in Mount Laurel, NJ. The Delaware River is used by a variety of vessels, including deep draft commercial vessels, tug and barge traffic, recreational vessels, and public vessels, including military vessels of various sizes. The three-year average number of bridge openings and maximum number of bridge openings by month and overall for 2013 through 2015, as drawn from the data contained in the bridge tender logs, is presented below. ------------------------------------------------------------------------ Average Maximum Month openings openings ------------------------------------------------------------------------ January................................. 73 88 February................................ 54 56 March................................... 80 94 April................................... 55 68 May..................................... 60 67 June.................................... 60 71 July.................................... 122 162 August.................................. 112 138 September............................... 143 201 October................................. 109 117 November................................ 100 116 December................................ 100 122 Monthly................................. 89 201 Daily................................... 3 7 ------------------------------------------------------------------------ The bridge owner and the maritime community have been working together since 2013 in an effort to incorporate sensors and other technologies into the bridge and the Conrail South Jersey dispatch center to allow for the safe and effective remote operation of the bridge. On April 12, 2017, the Coast Guard published a temporary deviation entitled ``Drawbridge Operation Regulation; Delaware River, Pennsauken Township, NJ'' in the Federal Register (82 FR 17561). This test deviation allows the bridge to be operated remotely from the bridge owner's South Jersey dispatch center in Mount Laurel, NJ. This test deviation is effective from 8 a.m. on April 24, 2017, to 7:59 a.m. on October 21, 2017. III. Discussion of Proposed Rule This proposed operating regulation will allow the bridge to be operated remotely from the bridge owner's South Jersey dispatch center in Mount Laurel, NJ. The remote operation system will include eight camera views (four marine and four rail), two forward-looking infrared equipped camera views (marine), marine radar, a dedicated telephone line for bridge operations, radio telephone on VHF-FM channels 13 and 16, and an automated identification system (AIS) transmitter to provide bridge status. The AIS transmitter has been installed on the New Jersey side of the bridge at the bridge and land intersection in approximate position 39[deg]58'50.52'' N. (39.9807), 75[deg]03'58.75'' W. (- 75.06632). The AIS transmitter is assigned maritime mobile service identity (MMSI) number 993663001 and will provide the status of the bridge (open/closed/inoperative) via the name transmitted by the private aids to navigation as DELAIR BRG-OPEN (fully open and locked position, channel light green), DELAIR BRG-CLOSED (other than fully open, not inoperative), or DELAIR BRG-INOP (other than fully open, inoperative). The AIS transmitter will transmit the bridge status every two minutes and upon a change in the bridge status. The remote operation system is designed to provide equal or greater capabilities compared to the on-site bridge tender in visibility of the waterway and bridge and in signals (communications) via sound and visual signals and radio telephone (voice) via VHF-FM channels 13 and 16. The remote operation system also incorporates real-time bridge status via AIS signal to aid mariners in voyage planning and navigational decision-making, a dedicated telephone line (856) 231-2301 for bridge operations, and push-to-talk (PTT) capability on VHF-FM channel 13. The signals for the remote operation center or on-site bridge tender to respond to a sound signal for a bridge opening will include: (1) When the draw can be opened immediately--a sound signal of one prolonged blast followed by one short blast and illumination of a fixed white light not more than 30 seconds after the requesting signal, and (2) when the draw cannot be opened immediately--five short blasts sounded in rapid succession and illumination of a fixed red light not more 30 seconds after the vessel's opening signal. The signals for the remote operation center or on-site [[Page 29802]] bridge tender to respond to a visual signal for a bridge opening will include: (1) When the draw can be opened immediately--illumination of a fixed white light not more than 30 seconds after the requesting signal, and (2) when the draw cannot be opened immediately--illumination of a fixed red light not more than 30 seconds after the vessel's opening signal. The fixed white light will remain illuminated until the bridge reaches the fully open position. The fixed white and red lights will be positioned on the east (New Jersey) bridge abutment adjacent to the navigation span. Vessels that require an opening shall continue to request an opening via the methods defined in 33 CFR 117.15(b) through (d) (sound or visual signals or radio telephone (VHF-FM) voice communications), via telephone at (856) 231-2301, or via push-to-talk (PTT) on VHF-FM channel 13. Vessels may push the PTT button five times while on VHF-FM channel 13 to request an opening. The remote operation system will be considered in a failed condition and qualified personnel will return and operate the bridge within 60 minutes if any of the following conditions are found: (1) The remote operation system becomes incapable of safely and effectively operating the bridge from the remote operation center, (2) visibility of the waterway or bridge is degraded to less than equal that of an on- site bridge tender (all eight camera views are required), (3) signals (communications) via sound or visual signals or radio telephone (voice) via VHF-FM channels 13 or 16 become inoperative, or (4) AIS becomes inoperative. 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 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 13771 directs agencies to control regulatory costs through a budgeting process. 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 (OMB), and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. The determination that this NPRM is not a significant regulatory action is based on the findings that: (1) Vessels will continue to transit the bridge in accordance with 33 CFR 117.716, (2) the remote operation system is designed to provide equal or greater capabilities compared to the on-site bridge tender, and (3) the bridge owner will be capable of restoring on-site operation of the bridge within 60 minutes if the remote operation system fails. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 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. There are no known adverse impacts to any entities related to this proposed rule, given no aspects of the remote operating system for the bridge will create any burdens on any entity as described in section IV.A above. The incorporation of the automated identification system (AIS) capability into the remote operation system is expected to aid mariners who have AIS capability or access to computer-based AIS data in safely navigating through the bridge by providing real-time bridge status. 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 CONTACT section above. 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 call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520.). D. Federalism and Indian Tribal Government 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 above. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (Act) (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 will not result in such an expenditure, we do discuss the effects of this proposed 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 guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA)(42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of [[Page 29803]] actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. Normally, such actions are categorically excluded from further review under figure 2- 1, paragraph (32)(e), of the Instruction. A preliminary Record of Environmental Consideration and a Memorandum for the Record are not required for this rule. 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 their 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 notice of proposed rulemaking and all public comments are 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 117 Bridges. For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows: PART 117--DRAWBRIDGE OPERATION REGULATIONS 0 1. The authority citation for part 117 continues to read as follows: Authority: 33 U.S.C. 499; 33 CFR 1.05-1; and Department of Homeland Security Delegation No. 0170.1. 0 2. Revise Sec. 117.716 to read as follows: Sec. 117.716 Delaware River. (a) The following apply to all drawbridges across the Delaware River: (1) The draws of railroad bridges need not be opened when there is a train in the bridge block approaching the bridge with the intention of crossing or within five minutes of the known time of the passage of a scheduled passenger train. (2) The opening of a bridge may not be delayed more than five minutes for a highway bridge or 10 minutes for a railroad bridge after the signal to open is given. (3) The owners of drawbridges shall provide and keep in good legible condition two board gages painted white with black figures not less than six inches high to indicate the vertical clearance under the closed draw at all stages of the tide. The gages shall be so placed on the bridge that they are plainly visible to operators of vessels approaching the bridge either up or downstream. (b) The draw of the Conrail Memorial Railroad Bridge, mile 104.6, at Pennsauken Township, NJ shall be operated as follows: (1) The bridge will be remotely operated from the Conrail South Jersey dispatch center in Mount Laurel, NJ unless the remote operation system is in a failed condition. (2) An AIS transmitter has been installed on the New Jersey side of the bridge at the bridge and land intersection in approximate position 39[deg]58'50.52'' N. (39.9807), 75[deg]03'58.75'' (-75.06632). The AIS transmitter is assigned maritime mobile service identity (MMSI) number 993663001. The status of the bridge (open/closed/inoperative) will be provided via the name transmitted by the AIS private aids to navigation as DELAIR BRG-OPEN (fully open and locked position, channel light green), DELAIR BRG-CLOSED (other than fully open, not inoperative), or DELAIR BRG-INOP (other than fully open, inoperative). The AIS transmitter will transmit the bridge status every two minutes and upon a change in the bridge status. (3) The remote operation system will be considered in a failed condition and qualified personnel will return and operate the bridge within 60 minutes if any of the following conditions are found: (i) The remote operation system becomes incapable of safely and effectively operating the bridge from the remote operation center; or (ii) Visibility of the waterway or bridge is degraded to less than equal that of an on-site bridge tender; or (iii) Signals (communications) via sound or visual signals or radio telephone (voice) via VHF-FM channels 13 or 16 become inoperative; or (iv) AIS becomes inoperative. (4) Vessels that require an opening shall continue to request an opening via the methods defined in Sec. 117.15(b) through (d) (sound or visual signals or radio telephone (VHF-FM) voice communications), via telephone at (856) 231-2301, or via push-to-talk (PTT) on VHF-FM channel 13. Vessels may push the PTT button five times while on VHF-FM channel 13 to request an opening. (5) The signals for the remote operation center or on-site bridge tender to respond to a sound signal for a bridge opening include: (i) When the draw can be opened immediately--a sound signal of one prolonged blast followed by one short blast and illumination of a fixed white light not more than 30 seconds after the requesting signal; or (ii) When the draw cannot be opened immediately--five short blasts sounded in rapid succession and illumination of a fixed red light not more 30 seconds after the vessel's opening signal. (6) The signals for the remote operation center or on-site bridge tender to respond to a visual signal for a bridge opening include: (i) When the draw can be opened immediately--illumination of a fixed white light not more than 30 seconds after the requesting signal; or (ii) When the draw cannot be opened immediately--illumination of a fixed red light not more 30 seconds after the vessel's opening signal. (7) The fixed white light will remain illuminated until the bridge reaches the fully open position. The fixed white and red lights will be positioned on the east (New Jersey) bridge abutment adjacent to the navigation span. [[Page 29804]] Dated: June 19, 2017. M.L. Austin, Rear Admiral, U.S. Coast Guard, Commander, Fifth Coast Guard District. [FR Doc. 2017-13857 Filed 6-29-17; 8:45 am] BILLING CODE 9110-04-P
![29800 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules
A applied the same heritage process ii. National Security and Foreign Policy is designed and manufactured by NASA
profile to the new equipment, retained Implications KSC and is part of the independent
heritage printed circuit board samples The FAA has identified no national safety system which will be installed on
for periodic process control security or foreign policy implications the launch vehicles. This safety system
comparisons, and implemented periodic associated with granting this waiver. will be capable of determining if the
visual/x-ray inspections for consistency flight of the launch vehicle will pose an
validation. Heritage and new equipment iii. Public Interest unacceptable increased risk to the
specifications were also assessed to The waiver is consistent with the public based on mission rules designed
compare their performance public interest goals of Chapter 509 and for its unique vehicle and flight
characteristics. White Sand Missile the National Space Transportation characteristics and programmed into the
Range has reviewed and accepted this Policy. Three of the public policy goals safety system and terminate the flight of
process change, for U.S. Government of Chapter 509 are: (1) To promote such launch vehicle. This type of
economic growth and entrepreneurial capability is in public interest because
launch vehicle programs conducting
activity through use of the space this safety system will allow for
launches from its launch range, based
environment; (2) to encourage the improved protection of the public from
on improved reliability and quality of
United States private sector to provide mishaps resulting from flight of errant
the process. launch vehicles.
launch and reentry vehicles and
The FAA waives the requirements of associated services; and (3) to facilitate Issued in Washington, DC, on May 15,
E417.7(f)(2) and (5) because the Electron the strengthening and expansion of the 2017.
has implemented a failsafe flight safety United States space transportation Kenneth Wong,
system design that would terminate infrastructure to support the full range Commercial Space Transportation, Licensing
thrust to the vehicle should both flight of United States space-related activities. and Evaluation Division Manager.
termination receivers fail or See 51 U.S.C. 50901(b)(1), (2), (4). [FR Doc. 2017–13567 Filed 6–29–17; 8:45 am]
communication was lost with the RL seeks to lower the cost and BILLING CODE 4910–13–P
ground station, and RL’s operating area increase the frequency of access to space
is remote enough that were it to for small payloads, potentially
experience a catastrophic failure, it expanding the opportunity for space
would not jeopardize public health and services and research. These activities DEPARTMENT OF HOMELAND
safety and safety of property. The will help to make the U.S. launch SECURITY
Electron test flight missions would industry more competitive
Coast Guard
occur from the isolated Mahia Peninsula internationally. The National Space
in New Zealand. The area within 20 NM Transportation Policy states that
33 CFR Part 117
of Mahia Peninsula has a very low strengthening U.S. competitiveness in
population density. The Electron flight the international launch market and [Docket No. USCG–2016–0257]
corridor is over the broad ocean area improving the cost effectiveness of U.S.
with minimal impact on air and marine space transportation services are in the RIN 1625–AA09
traffic. Consequence analysis showed public interest:
Maintaining an assured capability to Drawbridge Operation Regulation;
that less than 1 in 100,000 casualties
meet United States Government needs, Delaware River, Pennsauken
would be expected if the worst
while also taking the necessary steps to Township, NJ
foreseeable vehicle response mode (i.e., strengthen U.S. competitiveness in the
where the vehicle guidance is assumed international commercial launch AGENCY: Coast Guard, DHS.
to fail in a manner that leads to an market, is important to ensuring that ACTION: Notice of proposed rulemaking.
attempt to guide to erroneous, randomly U.S. space transportation capabilities
located points) occurred at the worst will be reliable, robust, safe, and SUMMARY: The Coast Guard proposes to
flight time (relatively early in flight affordable in the future. Among other modify the operating regulation that
before the vehicle proceeds downrange) steps, improving the cost effectiveness governs the DELAIR Memorial Railroad
and the flight termination receiver failed of U.S. space transportation services Bridge across the Delaware River, mile
to activate. Thus, the casualty could help achieve this goal by allowing 104.6, at Pennsauken Township, NJ.
expectation given the assumption of the the United States Government to invest This proposed regulation will allow the
worst possible failure would on average a greater share of its resources in other bridge to be remotely operated from the
needs such as facilities modernization, Conrail South Jersey dispatch center in
still produce significantly less casualties
technology advancement, scientific Mount Laurel, NJ, instead of being
than the FAA’s limit of 1 in 10,000,
discovery, and national security. operated by an on-site bridge tender.
which does not assume failure but
Further, a healthier, more competitive This regulation will not change the
rather assigns realistic failure operating schedule of the bridge.
probabilities. Also, the flight U.S. space transportation industry
would facilitate new markets, encourage DATES: Comments and related material
termination receiver’s failsafe feature
new industries, create high technology must reach the Coast Guard on or before
will terminate thrust if there is a loss of
jobs, lead to greater economic growth August 18, 2017.
power or Radio Frequency carrier or
and security, and would further the ADDRESSES: You may submit comments
mstockstill on DSK30JT082PROD with PROPOSALS
pilot tone signal, providing an
additional safety margin. For these Nation’s leadership role in space. identified by docket number USCG–
More specifically, Rocket Lab will be 2016–0257 using Federal eRulemaking
reasons, the FAA has determined that
carrying onboard the Electron launch Portal at http://www.regulations.gov.
waiving sections E417.7(f)(2) and (5) for
vehicle on its inaugural launch a flight See the ‘‘Public Participation and
the Electron test flight missions from
test experiment for NASA Kennedy Request for Comments’’ portion of the
Mahia, New Zealand will not jeopardize Space Center which will improve public SUPPLEMENTARY INFORMATION section
public health and safety or safety of risk mitigation capabilities from an below for instructions on submitting
property. errant launch vehicle. This component comments.
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![29804 Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Proposed Rules
Dated: June 19, 2017. ADDRESSES: Written petitions for uses of those materials by
M.L. Austin, renewal of current exemptions must be individuals.’’ 4
Rear Admiral, U.S. Coast Guard, Commander, completed using the form provided on These protections, codified in section
Fifth Coast Guard District. the Office’s Web site at https:// 1201 of title 17, United States Code, as
[FR Doc. 2017–13857 Filed 6–29–17; 8:45 am] www.copyright.gov/1201/2018/renewal- envisioned by Congress, seek to balance
BILLING CODE 9110–04–P petition.pdf. Written petitions proposing the interests of copyright owners and
new exemptions must be completed users, including the personal interests of
using the form provided on the Office’s consumers, in the digital environment.5
LIBRARY OF CONGRESS Web site at https://www.copyright.gov/ Section 1201 does this by protecting the
1201/2018/new-petition.pdf. The use of technological measures (also
Copyright Office Copyright Office is using the called technological protection
regulations.gov system for the measures or TPMs) used by copyright
37 CFR Part 201 submission and posting of public owners to prevent unauthorized access
petitions and comments in this to or use of their works.6 Section 1201
[Docket No. 2017–10] contains three separate protections for
proceeding. All petitions and comments
Exemptions To Permit Circumvention are therefore to be submitted TPMs. First, it prohibits circumvention
of Access Controls on Copyrighted of technological measures employed by
electronically through regulations.gov.
Works or on behalf of copyright owners to
Specific instructions for submitting
protect access to their works (also
AGENCY: U.S. Copyright Office, Library petitions and comments are available on
known as access controls). Access
of Congress. the Copyright Office Web site at https://
controls include, for example, a
www.copyright.gov/1201/2018. If
ACTION: Notice of inquiry and request for password requirement limiting access to
electronic submission is not feasible, a Web site to paying customers, or
petitions.
please contact the Office using the authentication codes in video game
SUMMARY: The United States Copyright contact information below for special consoles to prevent the playing of
Office is initiating the seventh triennial instructions. pirated copies. Second, the statute
rulemaking proceeding under the Digital prohibits trafficking in devices or
Millennium Copyright Act (‘‘DMCA’’), FOR FURTHER INFORMATION CONTACT:
Regan A. Smith, Deputy General services primarily designed to
concerning possible temporary circumvent access controls. Finally, it
exemptions to the DMCA’s prohibition Counsel, by email at resm@loc.gov,
Anna Chauvet, Assistant General prohibits trafficking in devices or
against circumvention of technological services primarily designed to
measures that control access to Counsel, by email at achau@loc.gov, or
circumvent TPMs used to protect the
copyrighted works. In this proceeding, Jason E. Sloan, Attorney-Advisor, by
copyright rights of the owner of a work
the Copyright Office is establishing a email at jslo@loc.gov. Each can be
(also known as copy controls). Copy
new, streamlined procedure for the contacted by telephone by calling (202)
controls protect against unauthorized
renewal of exemptions that were 707–8350.
uses of a copyrighted work once access
granted during the sixth triennial SUPPLEMENTARY INFORMATION: has been lawfully obtained. They
rulemaking. If renewed, those current include, for example, technology
exemptions would remain in force for I. The Digital Millennium Copyright Act preventing the copying of an e-book
an additional three-year period (October and Section 1201 after it has been downloaded to a user’s
2018—October 2021). Members of the device. Because title 17 already forbids
public seeking the renewal of current The Digital Millennium Copyright Act
(‘‘DMCA’’) 1 has played a pivotal role in copyright infringement, there is no
exemptions should submit petitions as corresponding ban on the act of
described below; parties opposing such the development of the modern digital
circumventing a copy control.7 These
renewal will then have the opportunity economy. Enacted by Congress in 1998
prohibitions supplement the preexisting
to file comments in response. The Office to implement the United States’
rights of copyright owners under the
is also accepting petitions for new obligations under two international
Copyright Act of 1976 by establishing
exemptions to engage in activities not treaties,2 the DMCA was intended to
separate and distinct causes of action
currently permitted by existing foster the growth and development of a independent of any infringement of
exemptions, which may include thriving, innovative, and flexible digital copyright.8
proposals that expand upon a current marketplace by making digital networks At the same time, section 1201
exemption. Those petitions, and any safe places to disseminate and use contains a number of discrete, statutory
renewal petitions that are meaningfully copyrighted materials.3 It did this by, exemptions to these prohibitions, to
opposed, will be considered pursuant to among other things, ensuring adequate avoid curtailing legitimate activities
a more comprehensive rulemaking legal protections for copyrighted content such as security testing, law
process similar to that used for the sixth to ‘‘support new ways of disseminating enforcement activities, or the protection
rulemaking (i.e., three rounds of written copyrighted materials to users, and to of personally identifying information.9
comment, followed by public hearings). safeguard the availability of legitimate In addition, to accommodate changing
DATES: Written petitions for renewal of marketplace realities and ensure that
current exemptions must be received no 1 Public Law 105–304, 112 Stat. 2860 (1998). access to copyrighted works for lawful
later than 11:59 p.m. Eastern Time on 2 WIPO Copyright Treaty, Dec. 20, 1996, 36 I.L.M.
mstockstill on DSK30JT082PROD with PROPOSALS
July 31, 2017. Written comments in 65 (1997); WIPO Performances and Phonograms 4 House Manager’s Report at 6.
Treaty, Dec. 20, 1996, 36 I.L.M. 76 (1997).
response to any petitions for renewal 3 See Staff of H. Comm. on the Judiciary, 105th
5 See H.R. Rep. No. 105–551, pt. 2, at 26.
must be received no later than 11:59 Cong., Section-by-Section Analysis of H.R. 2281 as
6 17 U.S.C. 1201(a)–(b).
7 S. Rep. No. 105–190, at 12.
p.m. Eastern Time on September 13, Passed by the United States House of
8 U.S. Copyright Office, Section 1201 of Title 17,
2017. Written petitions for new Representatives on August 4th, 1998, at 2, 6 (Comm.
Print 1998) (‘‘House Manager’s Report’’); H.R. Rep. at i, iii, 43–45 (June 2017), https://
exemptions must be received no later No. 105–551, pt. 2, at 21, 23 (1998); H.R. Rep. No. www.copyright.gov/policy/1201/section-1201-full-
than 11:59 p.m. Eastern Time on 105–551, pt. 1, at 10 (1998); S. Rep. No. 105–190, report.pdf (‘‘Section 1201 Study’’).
September 13, 2017. at 1–2, 8–9 (1998). 9 17 U.S.C. 1201(d)–(j).
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Document Created: 2017-06-30 06:01:41
Document Modified: 2017-06-30 06:01:41
| 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 reach the Coast Guard on or before August 18, 2017. | |
| Contact | If you have questions on this proposed rule, call or email Mr. Hal R. Pitts, Fifth Coast Guard District (dpb); telephone (757) 398-6222, email [email protected] | |
| FR Citation | 82 FR 29800 | |
| RIN Number | 1625-AA09 |
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