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Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Rules and Regulations
Department of Homeland Security Delegation No. 0170.1.

2. Add 165.T080020 to read as follows:

a Location. The following area is a safety zone: All navigable waters of the Lower Mississippi River from Mile Marker MM 368 through MM 370.
b Regulations. 1 Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph a of this section unless authorized by the Captain of the Port Sector Lower Mississippi River COTP or the COTPs designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S.
Coast Guard assigned to units under the operational control of USCG Sector Lower Mississippi River.
2 To seek permission to enter, contact the COTP or the COTPs representative via VHFFM channel 16
or by telephone at 9015214822. Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTPs designated representative.
c Effective period. This section is effective without actual notice from January 22, 2021 until February 5, 2021.
For the purposes of enforcement, actual notice will be used from January 14, 2021 until January 22, 2021.
d Information broadcasts. The COTP
or a designated representative will inform the public of the enforcement times and date for this safety zone through Broadcast Notices to Mariners, Local Notices to Mariners, and/or Safety Marine Information Broadcasts, as appropriate.
Dated: January 13, 2021.
R.S. Rhodes, Captain, U.S. Coast Guard, Captain of the Port Sector Lower Mississippi River.
FR Doc. 202101329 Filed 12121; 8:45 am BILLING CODE 911004P

LIBRARY OF CONGRESS
Copyright Royalty Board 37 CFR Part 390
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Docket No. 19CRB0009 AA

Determination and Allocation of Initial Administrative Assessment To Fund Mechanical Licensing Collective Copyright Royalty Board, Library of Congress.

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The Copyright Royalty Judges are amending regulations to revise the allocation of the initial administrative assessment To fund the mechanical licensing collective.
DATES: Effective: January 22, 2021.
ADDRESSES: Docket: For access to the docket to read submitted documents, go to eCRB, the Copyright Royalty Boards electronic filing and case management system at https app.crb.gov/ and search for docket number 19CRB0009
AA.
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist, by telephone at 202 7077658 or by email at crb@loc.gov.
SUPPLEMENTARY INFORMATION: On July 8, 2019, the Copyright Royalty Board initiated the Determination and Allocation of Initial Administrative Assessment to Fund Mechanical Licensing Collective proceeding by notice published in the Federal Register at 84 FR 32475, pursuant to the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, Public Law 115
264, 132 Stat. 3676 Oct. 11, 2018, 17
U.S.C. 115d7Dvi and 801b8
2018. The purpose of this proceeding was to determine the initial administrative assessment that digital music providers and any significant nonblanket licensees must pay to fund the collective total costs of the mechanical licensing collective.
Pursuant to a settlement of that proceeding, the Copyright Royalty Judges Judges adopted a negotiated agreement that had been agreed to by the mechanical licensing collective MLC and the digital licensee coordinator DLC as to both the amount of the assessment and the method of allocation of that assessment among digital music providers and significant nonblanket licensees and published final regulations implementing that settlement. See 85 FR 832 Jan. 8, 2020;
see also 37 CFR 390.
On December 18, 2020, the DLC and the MLC jointly filed a motion with the Judges to modify the terms of implementation of the initial administrative assessment, invoking the Judges authority under 17 U.S.C.
115d7Dvi which gives the Judges continuing authority to amend a determination of an administrative assessment . . . to modify the terms of implementation, for good cause. In particular, the motion sought modification of the existing regulations to provide a revised method of allocation of the administrative SUMMARY:

165.T080020 Safety Zone; Lower Mississippi river, Mile Marker 368 and 370, Natchez, MS.

AGENCY:

Final rule; amended determination.

ACTION:

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assessment to provide flat fee rates for smaller licensees and services that exclusively operate download stores under pass-through licenses received from record labels. The motion also sought certain clarifications and technical changes in terms based upon the DLC and MLCs improved understanding of operational needs gained since the initial administrative assessment was adopted. The proposed amendments do not affect the amount of the assessments.
Based on the representations that the current allocation methodology could have significant impacts on smaller Licensees, that the revised allocation methodology is specifically calculated to address market participation by smaller Licensees and pass-through download stores in an equitable manner, and has support from a diverse cross-section of the Licensee industry, and that the MLC also supports the amendments and has determined that they are administrable, the Judges find good cause to amend the regulations pursuant to their authority under 17
U.S.C. 115d7Dvi.
List of Subjects in 37 CFR Part 390
Copyright, Licensing and registration, Music, Phonorecords, Recordings, Royalties.
Final Regulations For the reasons set forth in the preamble, the Copyright Royalty Judges amend 37 CFR part 390 as follows:
PART 390AMOUNTS AND TERMS
FOR ADMINISTRATIVE
ASSESSMENTS TO FUND
MECHANICAL LICENSING
COLLECTIVE
1. The authority citation for part 390
continues to read as follows:

Authority: 17 U.S.C. 115, 801b.

2. Revise 390.1 to read as follows:

390.1

Definitions.

Administrative assessment has the meaning set forth in 17 U.S.C. 115e3.
Aggregate Sound Recordings Count means the sum of the Unique Sound Recordings Counts of each and every Allocated Licensee, calculated over the respective Quarterly Allocation calculation period.
Allocated Licensees mean licensees as set forth in 390.3a who are allocated an additional share of assessments beyond the annual minimum fee.
Allocated Licensee Assessment Pool means an amount equaling 50% of each Annual Assessment and Quarterly Allocation.

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