83 FR 60360 - Safety Zone; Delaware River, Dredging Operation Equipment Recovery, Marcus Hook Range, Chester, PA
DEPARTMENT OF HOMELAND SECURITY
Coast Guard Federal Register Volume 83, Issue 227 (November 26, 2018)
Coast Guard
Federal Register Volume 83, Issue 227 (November 26, 2018)
| Page Range | 60360-60362 | |
| FR Document | 2018-25668 |
[Federal Register Volume 83, Number 227 (Monday, November 26, 2018)] [Rules and Regulations] [Pages 60360-60362] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-25668] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2018-0913] RIN 1625-AA00 Safety Zone; Delaware River, Dredging Operation Equipment Recovery, Marcus Hook Range, Chester, PA AGENCY: Coast Guard, DHS. ACTION: Temporary final rule. ----------------------------------------------------------------------- SUMMARY: The Coast Guard is establishing a temporary safety zone for navigable waters within a 250-yard radius of Great Lakes Dredge & Dock Company vessels and machinery conducting emergency diving and equipment removal operations in the Delaware River within Marcus Hook Range near Chester, Pennsylvania. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by broken equipment removal operations. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Delaware Bay or a designated representative. DATES: This rule is effective without actual notice from November 19, 2018 through November 26, 2018. For the purposes of enforcement, actual notice will be used from November 26, 2018 through November 30, 2018. This rule may be withdrawn if the project is completed before the stated end date. This rule will be enforced continuously each day the rule is in effect. ADDRESSES: To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type USCG- 2018-0913 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open Docket Folder on the line associated with this rule. FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, call or email Petty Officer Thomas Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division; telephone (215) 271-4814, email Thomas.J.Welker@uscg.mil. SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking Sec. 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. The rule must be established by November 18, 2018, to serve its purpose of providing safety during the recovery of a broken hydro-hammer associated with dredging operations. The Coast Guard was notified of the recovery operation schedule on November 18, 2018, and a safety zone must be established by November 18, 2018 to address the hazards associated with diving and equipment removal operations. 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 because immediate action is needed to mitigate the potential safety hazards associated with diving and equipment removal operations. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Delaware Bay (COTP) has determined that potential hazards associated with emergency diving and equipment recovery operations beginning November 19, 2018, will be a safety concern for anyone within a 250-yard radius of diving and equipment recovery vessels and machinery. This rule is needed to protect personnel, vessels, and the marine environment in the navigable waters within the safety zone while the operations to recover the broken hydro-hammer are being conducted. IV. Discussion of the Rule This rule establishes a temporary safety zone on November 19, 2018 through November 30, 2018, within 250 yards of vessels and machinery being used by personnel to conduct diving and equipment recovery operations, at approximately 39[deg]49.3002' N Latitude, - 75[deg]22.8966' W Longitude, in the Marcus Hook Range of the Delaware River. During diving and equipment recovery operations, persons or vessels will not be permitted to enter the safety zone without obtaining permission from the COTP or the COTP's designated representative. Vessels wishing to transit the safety zone in the clear side of the main navigational channel may do so if they can make satisfactory passing arrangements with dredge NEW YORK or tug INDIAN DAWN in accordance with the Navigational Rules in 33 CFR subchapter E via VHF-FM 88 at least 1 hour prior to arrival and at 30 minutes prior to arrival to arrange safe passage. If vessels are unable to make satisfactory passing arrangements with the dredge NEW YORK or tug INDIAN DAWN, they may request permission from the COTP, or his designated representative, to enter and transit the safety zone on VHF- FM channel 16. All vessels must operate at the minimum safe speed necessary to maintain steerage and reduce wake while transiting the safety zone. The Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 and Marine Safety Information Bulletin further defining specific work locations and traffic patterns. 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. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. 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), and pursuant to OMB guidance it is exempt [[Page 60361]] from the requirements of Executive Order 13771. This regulatory action determination is based on the size, location, duration, and time-of-day of the safety zone. Vessel traffic will be able to safely transit around this safety zone, which will impact a small designated area of the Delaware River. Although persons and vessels may not enter the safety zone without authorization from the COTP or a designated representative of the COTP, they may operate in the surrounding area during the enforcement period. Moreover, the Coast Guard will issue a Broadcast Notice to Mariners via VHF-FM marine channel 16 and Marine Safety Information Bulletin 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 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 contact 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. If you believe this 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 (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 and Commandant Instruction M16475.1D, 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 an emergency safety zone that will prohibit persons and vessels from entering a limited area on the navigable water in the Delaware Bay, during an emergency diving and equipment recovery operation. It is categorically excluded from further review under paragraph L60(c) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. 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. 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 0 1. The authority citation for part 165 continues to read as follows: Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 0 2. Add Sec. 165.T05-0913 to read as follows: Sec. 165.T05-0913 Safety Zone; Delaware River, Dredging Operation Equipment Recovery, Mantua Creek Anchorage. (a) Location. The following area is a safety zone: All navigable waters within 250 yards of vessels and machinery associated with diving and pipeline removal operating on the Delaware River, at approximately 39[deg]49.3002' N Latitude, 075[deg]22.8966' W Longitude, in the Marcus Hook Range near Chester, Pennsylvania. All coordinates are based on Datum NAD 1983. (b) Definitions. As used in this section, designated representative means a Coast Guard Patrol Commander, including a Coast Guard petty officer, warrant or commissioned officer on board a Coast Guard vessel or on board a federal, state, or local law enforcement vessel assisting the Captain [[Page 60362]] of the Port Delaware Bay (COTP) in the enforcement of the safety zone. (c) Regulations. (1) Entry into or transiting within the safety zone is prohibited unless vessels obtain permission from the Captain of the Port via VHF-FM channel 16, or make satisfactory passing arrangements via VHF-FM channel 88, with the dredge NEW YORK or tug INDIAN DAWN per this section and the Rules of the Road (33 CFR chapter I, subchapter E). Vessels requesting to transit shall contact the dredge NEW YORK or tug INDIAN DAWN on channel 88 at least 1 hour prior to arrival and at 30 minutes prior to arrival. (2) Vessels granted permission to enter and transit the safety zone must do so in accordance with any directions or orders of the Captain of the Port, his designated representative, dredge NEW YORK, or tug INDIAN DAWN. No person or vessel may enter or remain in a safety zone without permission from the Captain of the Port, dredge NEW YORK, or tug INDIAN DAWN. (3) All vessels must operate at the minimum safe speed necessary to maintain steerage and reduce wake. (4) This section applies to all vessels that intend to transit through the safety zone except vessels that are engaged in the following operations: Enforcement of laws, service of aids to navigation, and emergency response. (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 periods. This section will be enforced continuously from November 19, 2018 through November 30, 2018, or completion of the equipment removal, whichever is sooner. Dated: November 19, 2018. S.E. Anderson, Captain, U.S. Coast Guard Captain of the Port Delaware Bay. [FR Doc. 2018-25668 Filed 11-23-18; 8:45 am] BILLING CODE 9110-04-P
![60360 Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations
[FR Doc. 2018–25678 Filed 11–23–18; 8:45 am] COTP Captain of the Port IV. Discussion of the Rule
BILLING CODE 6717–01–P DHS Department of Homeland Security
FR Federal Register This rule establishes a temporary
NPRM Notice of proposed rulemaking safety zone on November 19, 2018
§ Section through November 30, 2018, within 250
DEPARTMENT OF HOMELAND yards of vessels and machinery being
U.S.C. United States Code
SECURITY used by personnel to conduct diving
II. Background Information and and equipment recovery operations, at
Coast Guard Regulatory History approximately 39°49.3002′ N Latitude,
33 CFR Part 165 The Coast Guard is issuing this ¥75°22.8966′ W Longitude, in the
temporary rule without prior notice and Marcus Hook Range of the Delaware
[Docket Number USCG–2018–0913]
opportunity to comment pursuant to River. During diving and equipment
authority under section 4(a) of the recovery operations, persons or vessels
RIN 1625–AA00
Administrative Procedure Act (APA) (5 will not be permitted to enter the safety
Safety Zone; Delaware River, Dredging zone without obtaining permission from
U.S.C. 553(b)). This provision
Operation Equipment Recovery, the COTP or the COTP’s designated
authorizes an agency to issue a rule
Marcus Hook Range, Chester, PA representative. Vessels wishing to
without prior notice and opportunity to
transit the safety zone in the clear side
AGENCY: Coast Guard, DHS. comment when the agency for good
of the main navigational channel may
cause finds that those procedures are
ACTION: Temporary final rule. do so if they can make satisfactory
‘‘impracticable, unnecessary, or contrary
passing arrangements with dredge NEW
SUMMARY: The Coast Guard is to the public interest.’’ Under 5 U.S.C.
YORK or tug INDIAN DAWN in
establishing a temporary safety zone for 553(b)(B), the Coast Guard finds that
accordance with the Navigational Rules
navigable waters within a 250-yard good cause exists for not publishing a
in 33 CFR subchapter E via VHF–FM 88
radius of Great Lakes Dredge & Dock notice of proposed rulemaking (NPRM)
at least 1 hour prior to arrival and at 30
Company vessels and machinery with respect to this rule because it is
minutes prior to arrival to arrange safe
conducting emergency diving and impracticable and contrary to the public passage. If vessels are unable to make
equipment removal operations in the interest to do so. The rule must be satisfactory passing arrangements with
Delaware River within Marcus Hook established by November 18, 2018, to the dredge NEW YORK or tug INDIAN
Range near Chester, Pennsylvania. The serve its purpose of providing safety DAWN, they may request permission
safety zone is needed to protect during the recovery of a broken hydro- from the COTP, or his designated
personnel, vessels, and the marine hammer associated with dredging representative, to enter and transit the
environment from potential hazards operations. The Coast Guard was safety zone on VHF–FM channel 16. All
created by broken equipment removal notified of the recovery operation vessels must operate at the minimum
operations. Entry of vessels or persons schedule on November 18, 2018, and a safe speed necessary to maintain
into this zone is prohibited unless safety zone must be established by steerage and reduce wake while
specifically authorized by the Captain of November 18, 2018 to address the transiting the safety zone. The Coast
the Port Delaware Bay or a designated hazards associated with diving and Guard will issue a Broadcast Notice to
representative. equipment removal operations. Mariners via VHF–FM marine channel
DATES: This rule is effective without Under 5 U.S.C. 553(d)(3), the Coast 16 and Marine Safety Information
actual notice from November 19, 2018 Guard finds that good cause exists for Bulletin further defining specific work
through November 26, 2018. For the making this rule effective less than 30 locations and traffic patterns.
purposes of enforcement, actual notice days after publication in the Federal
V. Regulatory Analyses
will be used from November 26, 2018 Register. Delaying the effective date of
through November 30, 2018. This rule this rule would be impracticable and We developed this rule after
may be withdrawn if the project is contrary to the public interest because considering numerous statutes and
completed before the stated end date. immediate action is needed to mitigate Executive orders related to rulemaking.
This rule will be enforced continuously the potential safety hazards associated Below we summarize our analyses
each day the rule is in effect. with diving and equipment removal based on a number of these statutes and
ADDRESSES: To view documents operations. Executive orders, and we discuss First
mentioned in this preamble as being Amendment rights of protestors.
III. Legal Authority and Need for Rule
available in the docket, go to http://
www.regulations.gov, type USCG–2018– A. Regulatory Planning and Review
The Coast Guard is issuing this rule
0913 in the ‘‘SEARCH’’ box and click under authority in 33 U.S.C. 1231. The Executive Orders 12866 and 13563
‘‘SEARCH.’’ Click on Open Docket Captain of the Port Delaware Bay direct agencies to assess the costs and
Folder on the line associated with this (COTP) has determined that potential benefits of available regulatory
rule. hazards associated with emergency alternatives and, if regulation is
FOR FURTHER INFORMATION CONTACT: If diving and equipment recovery necessary, to select regulatory
you have questions on this rule, call or operations beginning November 19, approaches that maximize net benefits.
email Petty Officer Thomas Welker, U.S. 2018, will be a safety concern for Executive Order 13771 directs agencies
Coast Guard, Sector Delaware Bay, anyone within a 250-yard radius of to control regulatory costs through a
Waterways Management Division; diving and equipment recovery vessels budgeting process. This rule has not
telephone (215) 271–4814, email and machinery. This rule is needed to been designated a ‘‘significant
Thomas.J.Welker@uscg.mil. protect personnel, vessels, and the regulatory action,’’ under Executive
SUPPLEMENTARY INFORMATION: marine environment in the navigable Order 12866. Accordingly, this rule has
waters within the safety zone while the not been reviewed by the Office of
I. Table of Abbreviations operations to recover the broken hydro- Management and Budget (OMB), and
CFR Code of Federal Regulations hammer are being conducted. pursuant to OMB guidance it is exempt
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![60362 Federal Register / Vol. 83, No. 227 / Monday, November 26, 2018 / Rules and Regulations
of the Port Delaware Bay (COTP) in the LIBRARY OF CONGRESS limitations set forth in section
enforcement of the safety zone. 114(d)(1)(C)(iv).
Copyright Royalty Board Chapter 8 of the Copyright Act
(c) Regulations. (1) Entry into or
requires the Judges to conduct
transiting within the safety zone is
37 CFR Part 384 proceedings every five years to
prohibited unless vessels obtain determine the royalty rates and terms
permission from the Captain of the Port for ‘‘the activities described in section
[Docket No. 17–CRB–0001–BER (2019–
via VHF–FM channel 16, or make 2023)] 112(e)(1) relating to the limitation on
satisfactory passing arrangements via exclusive rights specified by section
VHF–FM channel 88, with the dredge Determination of Royalty Rates and 114(d)(1)(C)(iv).’’ 17 U.S.C. 801(b)(1),
NEW YORK or tug INDIAN DAWN per Terms for Making Ephemeral Copies of 804(b)(2). Accordingly, the Judges
this section and the Rules of the Road Sound Recordings for Transmission to published a notice commencing the
(33 CFR chapter I, subchapter E). Business Establishments (Business current proceeding and requesting that
Vessels requesting to transit shall Establishments III) interested parties submit petitions to
contact the dredge NEW YORK or tug participate. 82 FR 143 (Jan. 3, 2017).
AGENCY: Copyright Royalty Board, The Judges received Petitions to
INDIAN DAWN on channel 88 at least Library of Congress.
1 hour prior to arrival and at 30 minutes Participate from Mood Media
ACTION: Final rule. Corporation, Music Choice, David
prior to arrival.
Powell, David Rahn,1 Rockbot, Inc.,2
(2) Vessels granted permission to SUMMARY: The Copyright Royalty Judges
Sirius XM Radio Inc., and
enter and transit the safety zone must do (Judges) publish final regulations setting
SoundExchange, Inc. The Judges
so in accordance with any directions or rates and terms for the making of an
initiated the three-month negotiation
orders of the Captain of the Port, his ephemeral recording of a sound period and directed the participants to
designated representative, dredge NEW recording by a business establishment submit written direct statements no later
YORK, or tug INDIAN DAWN. No service for the period January 1, 2019, than May 14, 2018.
person or vessel may enter or remain in through December 31, 2023. On May 4, 2018, the Judges received
a safety zone without permission from DATES: Effective date: January 1, 2019. a joint Motion to Adopt Settlement from
the Captain of the Port, dredge NEW ADDRESSES: For access to the docket to Mr. Rahn, Mood Media Corp., Music
YORK, or tug INDIAN DAWN. read submitted background documents Choice, Sirius XM Radio Inc., and
(3) All vessels must operate at the go to eCRB, the Copyright Royalty SoundExchange, Inc., (Moving Parties)
Board’s electronic filing and case stating that they had reached a
minimum safe speed necessary to
management system, at https:// settlement obviating the need for
maintain steerage and reduce wake.
app.crb.gov/ and search for docket written evidentiary statements or a
(4) This section applies to all vessels number 17–CRB–0001–BER (2019– hearing.3
that intend to transit through the safety 2023). Section 801(b)(7)(A) of the Copyright
zone except vessels that are engaged in Act authorizes the Judges to adopt
FOR FURTHER INFORMATION CONTACT: royalty rates and terms negotiated by
the following operations: Enforcement
Anita Blaine, CRB Program Specialist, ‘‘some or all of the participants in a
of laws, service of aids to navigation,
by telephone at (202) 707–7658 or email proceeding at any time during the
and emergency response.
at crb@loc.gov. proceeding’’ provided they are
(d) Enforcement. The U.S. Coast SUPPLEMENTARY INFORMATION: In 1995, submitted to the Judges for approval.
Guard may be assisted in the patrol and Congress enacted the Digital The Judges must provide ‘‘an
enforcement of the safety zone by Performance Right in Sound Recordings opportunity to comment on the
federal, state, and local agencies. Act, Public Law 104–39, which created agreement’’ to participants and non-
(e) Enforcement periods. This section an exclusive right, subject to certain participants in the rate proceeding who
will be enforced continuously from limitations, for copyright owners of ‘‘would be bound by the terms, rates, or
November 19, 2018 through November sound recordings to perform publicly other determination set by any
30, 2018, or completion of the those sound recordings by means of
equipment removal, whichever is certain digital audio transmissions. 1 In his Petition to Participate, Mr. Rahn
Among the limitations on the identified himself as a shareholder in SBR Creative
sooner. Media, Inc. and its subsidiary
performance right was the creation of a CustomerChannels.net, LLC.
Dated: November 19, 2018. statutory license for nonexempt, 2 Rockbot withdrew its Petition to Participate on
S.E. Anderson, noninteractive digital subscription January 11, 2018.
Captain, U.S. Coast Guard Captain of the transmissions. 17 U.S.C. 114(d). 3 According to the Motion, David Powell,
Port Delaware Bay. The scope of the section 114 statutory although having filed a Petition to Participate, did
not otherwise participate in the proceeding. Motion
[FR Doc. 2018–25668 Filed 11–23–18; 8:45 am] license was expanded in 1998 upon the at 2. The Moving Parties represent that counsel for
BILLING CODE 9110–04–P passage of the Digital Millennium Mood Media attempted unsuccessfully to contact
Copyright Act of 1998 (DMCA), Public Mr. Powell to discuss the filing of the Motion. Id.
Law 105–34. The DMCA created, inter at 2–3. Mr. Powell also did not respond to the
request for comments on the proposed regulations.
alia, a statutory license for the making On May 14, 2018, shortly before the proposed
of an ‘‘ephemeral recording’’ of a sound regulations were published, however, Mr. Powell
recording by certain transmitting filed a ‘‘Verified Motion for Enlargement of Time,
and Agreed with Settlement Parties to Adopt
organizations. 17 U.S.C. 112(e). This Settlement Ex-Parte,’’ which the Judges accept as a
license, among other things, allows notice that Mr. Powell does not object to the
entities that transmit performances of settlement. The Judges make no finding with regard
sound recordings to business to Mr. Powell’s eligibility to participate in this
proceeding. To the extent Mr. Powell has an interest
establishments to make an ephemeral in the business establishment services license, he
recording of a sound recording for later will be bound by the royalty rates and terms the
transmission, pursuant to the Judges adopt.
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Document Created: 2018-11-24 00:51:11
Document Modified: 2018-11-24 00:51:11
| 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 | Temporary final rule. | |
| Dates | This rule is effective without actual notice from November 19, 2018 through November 26, 2018. For the purposes of enforcement, actual notice will be used from November 26, 2018 through November 30, 2018. This rule may be withdrawn if the project is completed before the stated end date. This rule will be enforced continuously each day the rule is in effect. | |
| Contact | If you have questions on this rule, call or email Petty Officer Thomas Welker, U.S. Coast Guard, Sector Delaware Bay, Waterways Management Division; telephone (215) 271-4814, email [email protected] | |
| FR Citation | 83 FR 60360 | |
| RIN Number | 1625-AA00 | |
| CFR Associated | Harbors; Marine Safety; Navigation (Water); Reporting and Recordkeeping Requirements; Security Measures and Waterways |
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