Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates, 70373-70374 [2012-28507]
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Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Rules and Regulations
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.
This final rule would affect the
following entities, some of which might
be small entities: None. Due to the fact
that the bridge has been a fixed bridge
for 6 years, this final rule will not have
a significant economic impact on a
substantial number of small entities.
3. Collection of Information
This rule calls for no new collection
of information under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520.).
4. Federalism
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on State or local governments and
would either preempt 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 does not have
implications for federalism.
mstockstill on DSK4VPTVN1PROD with RULES
5. 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.
6. 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 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.
7. Taking of Private Property
This rule will not affect a taking of
private property or otherwise have
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taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
8. Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
9. Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that might
disproportionately affect children.
10. Indian Tribal Governments
This 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.
11. Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
require a Statement of Energy Effects
under Executive Order 13211.
70373
have concluded that this action is one
of a category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(32)(e), of the Instruction.
Under figure 2–1, paragraph (32)(e), of
the Instruction, an environmental
analysis checklist and a categorical
exclusion determination are not
required for this rule.
List of Subjects in 33 CFR Part 117
Bridges.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 117 as follows:
PART 117—DRAWBRIDGE
OPERATION REGULATIONS
1. The authority citation for part 117
continues to read as follows:
■
Authority: 33 U.S.C. 499; 33 CFR 1.05–1;
Department of Homeland Security Delegation
No. 0170.1.
2. Revise the introductory text and
paragraph (a) of § 117.751 to read as
follows:
■
§ 117.751
Shark River (South Channel).
The draws of the S71 Bridge, mile 0.8,
and the Railroad Bridge, mile 0.9, both
at Avon, operate as follows:
(a) The bridges operate as one unit.
The owners shall provide signal systems
so connected that the operator of either
bridge may simultaneously notify the
operator of the other bridge. The
operator of the first bridge to be passed
shall be responsible for observing the
approach vessels, for receiving and
acknowledging signals, and for
coordinating the opening of the other
draw.
*
*
*
*
*
Dated: October 25, 2012.
Steven H. Ratti,
Rear Admiral, United States Coast Guard,
Commander, Fifth Coast Guard District.
[FR Doc. 2012–28127 Filed 11–23–12; 8:45 am]
12. Technical Standards
BILLING CODE 9110–04–P
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
LIBRARY OF CONGRESS
13. Environment
We have analyzed this 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
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Copyright Royalty Board
37 CFR Part 386
[Docket No. 2012–8 CRB Satellite COLA]
Cost of Living Adjustment to Satellite
Carrier Compulsory License Royalty
Rates
Copyright Royalty Board,
Library of Congress.
AGENCY:
E:\FR\FM\26NOR1.SGM
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70374
ACTION:
Federal Register / Vol. 77, No. 227 / Monday, November 26, 2012 / Rules and Regulations
Final rule.
The Copyright Royalty Judges
announce a cost of living adjustment
(‘‘COLA’’) of 2.2% in the royalty rates
paid by satellite carriers under the
satellite carrier compulsory license of
the Copyright Act. The COLA is based
on the change in the Consumer Price
Index from October 2011 to October
2012.
SUMMARY:
Effective Date: January 1, 2013.
Applicability Dates: These rates are
applicable for the period January 1,
2013, through December 31, 2013.
FOR FURTHER INFORMATION CONTACT:
LaKeshia Keys, Program Specialist.
Telephone: (202) 707–7658. Email:
crb@loc.gov.
DATES:
The
satellite carrier compulsory license
establishes a statutory copyright
licensing scheme for the retransmission
of distant television programming by
satellite carriers. 17 U.S.C. 119.
Congress created the license in 1988 and
has reauthorized the license for
additional five-year periods, most
recently with the passage of the Satellite
Television Extension and Localism Act
of 2010, (‘‘STELA’’), Public Law 111–
175.
The Copyright Royalty Judges adopted
as final the rates for the section 119
compulsory license for the period 2010–
2014 after publication in the Federal
Register of the rates, as proposed by
Copyright Owners and Satellite
Carriers,1 yielded no objections. See 75
FR 53198 (August 31, 2010). Section
119(c)(2) requires the Judges annually to
adjust these rates ‘‘to reflect any changes
occurring in the cost of living
adjustment (for all consumers and for all
items) [‘‘CPI–U’’] published * * * at
least 25 days before January 1.’’ Id.
Today’s notice fulfills this obligation.
The change in the cost of living as
determined by the CPI–U during the
period from the most recent index
published before December 1, 2011, to
the most recent index published before
December 1, 2012, is 2.2%.2 Rounding
to the nearest cent, the royalty rates for
the secondary transmission of broadcast
stations by satellite carriers for private
home viewing and viewing in
commercial establishments are 27 cents
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SUPPLEMENTARY INFORMATION:
1 Program Suppliers and Joint Sports Claimants
comprised the Copyright Owners, while DIRECTV,
Inc., DISH Network, LLC and National
Programming Service, LLC, comprised the Satellite
Carriers.
2 The most recent CPI–U figures are published in
November of each year and use the period 1982–
1984 to establish a reference base of 100. The index
for October 2011 was 226.421, while the figure for
October 2012 was 231.414.
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16:35 Nov 23, 2012
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and 54 cents per subscriber per month,
respectively.
List of Subjects in 37 CFR Part 386
Copyright, Satellite, Television.
Final Regulations
For the reasons set forth in the
preamble, part 386 of title 37 of the
Code of Federal Regulations is amended
as follows:
PART 386—ADJUSTMENT OF
ROYALTY FEES FOR SECONDARY
TRANSMISSIONS BY SATELLITE
CARRIERS
1. The authority citation for part 386
continues to read as follows:
■
Authority: 17 U.S.C. 119(c), 801(b)(1).
2. Section 386.2 is amended by
revising paragraphs (b)(1)(iv) and
(b)(2)(iv) as follows:
■
§ 386.2 Royalty fee for secondary
transmission by satellite carriers.
*
*
*
*
*
(b)(1) * * *
(iv) 2013: 27 cents per subscriber per
month;
*
*
*
*
*
(2) * * *
(iv) 2013: 54 cents per subscriber per
month;
*
*
*
*
*
Dated: November 19, 2012.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2012–28507 Filed 11–23–12; 8:45 am]
BILLING CODE 1410–72–P
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 9
RIN 2900–AO30
Servicemembers’ Group Life
Insurance—Stillborn Child Coverage
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
This final rule amends the
Department of Veterans Affairs (VA)
Servicemembers’ Group Life Insurance
(SGLI) regulations in order to provide
that, if a stillborn child is otherwise
eligible to be insured by the SGLI
coverage of more than one
servicemember under SGLI dependent
child coverage, the child would be
insured by the coverage of the child’s
SGLI-insured biological mother. This
final rule will provide consistency in
payment determinations involving SGLI
stillborn child coverage.
SUMMARY:
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Fmt 4700
Sfmt 4700
Effective Date: This final rule is
effective December 26, 2012.
Applicability Date: This final rule will
apply to claims for SGLI proceeds filed
on or after December 26, 2012.
FOR FURTHER INFORMATION CONTACT:
Monica Keitt, Attorney-Advisor,
Department of Veterans Affairs Regional
Office and Insurance Center (310/290B),
P.O. Box 8079, Philadelphia,
Pennsylvania 19101, (215) 842–2000,
Ext. 2905. (This is not a toll free
number.)
SUPPLEMENTARY INFORMATION: On
January 31, 2012, VA published in the
Federal Register (77 FR 4734) a
proposed rule to provide that, if a
stillborn child is insured by the SGLI
coverage of more than one
servicemember, the SGLI proceeds
would be paid to the child’s SGLIinsured mother. We provided a 60-day
public-comment period, which ended
on April 2, 2012, and received
comments from five individuals.
Section 1967(a)(4)(B) of title 38,
United States Code, prohibits an
insurable dependent who is a child from
being insured at any time under the
SGLI coverage of more than one
member, i.e., more than one SGLIinsured parent. If a child is otherwise
eligible to be insured by the coverage of
more than one member, under section
1967(a)(4)(B) the child is insured by the
coverage of the member whose
eligibility for SGLI occurred first,
‘‘except that if that member does not
have legal custody of the child, the
child shall be insured by the coverage
of the member who has legal custody of
the child.’’ Congress, however, did not
indicate whether this provision is
applicable to a stillborn child. VA
therefore proposed to fill the gap left by
Congress subjecting the coverage of a
stillborn child to the limitation that an
insurable dependent who is a child may
not be insured at any time by the
insurance coverage of more than one
member. We further proposed that a
stillborn child of two SGLI-covered
parents will always be insured under
the mother’s coverage because state laws
do not address legal custody of a
stillborn.
Two commenters wrote in support of
the proposed rule. Three of the
commenters raised issues regarding the
proposed rule.
One commenter stated that the rule
does not take into account a case in
which a stillborn child’s parents are the
same sex and urged flexibility in the
rule so as not to prejudice homosexual
couples. The premise of this comment,
that a stillborn child could have parents
of the same sex, is mistaken. VA has
DATES:
E:\FR\FM\26NOR1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 227 (Monday, November 26, 2012)]
[Rules and Regulations]
[Pages 70373-70374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-28507]
=======================================================================
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 386
[Docket No. 2012-8 CRB Satellite COLA]
Cost of Living Adjustment to Satellite Carrier Compulsory License
Royalty Rates
AGENCY: Copyright Royalty Board, Library of Congress.
[[Page 70374]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges announce a cost of living
adjustment (``COLA'') of 2.2% in the royalty rates paid by satellite
carriers under the satellite carrier compulsory license of the
Copyright Act. The COLA is based on the change in the Consumer Price
Index from October 2011 to October 2012.
DATES: Effective Date: January 1, 2013.
Applicability Dates: These rates are applicable for the period
January 1, 2013, through December 31, 2013.
FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, Program Specialist.
Telephone: (202) 707-7658. Email: crb@loc.gov.
SUPPLEMENTARY INFORMATION: The satellite carrier compulsory license
establishes a statutory copyright licensing scheme for the
retransmission of distant television programming by satellite carriers.
17 U.S.C. 119. Congress created the license in 1988 and has
reauthorized the license for additional five-year periods, most
recently with the passage of the Satellite Television Extension and
Localism Act of 2010, (``STELA''), Public Law 111-175.
The Copyright Royalty Judges adopted as final the rates for the
section 119 compulsory license for the period 2010-2014 after
publication in the Federal Register of the rates, as proposed by
Copyright Owners and Satellite Carriers,\1\ yielded no objections. See
75 FR 53198 (August 31, 2010). Section 119(c)(2) requires the Judges
annually to adjust these rates ``to reflect any changes occurring in
the cost of living adjustment (for all consumers and for all items)
[``CPI-U''] published * * * at least 25 days before January 1.'' Id.
Today's notice fulfills this obligation.
---------------------------------------------------------------------------
\1\ Program Suppliers and Joint Sports Claimants comprised the
Copyright Owners, while DIRECTV, Inc., DISH Network, LLC and
National Programming Service, LLC, comprised the Satellite Carriers.
---------------------------------------------------------------------------
The change in the cost of living as determined by the CPI-U during
the period from the most recent index published before December 1,
2011, to the most recent index published before December 1, 2012, is
2.2%.\2\ Rounding to the nearest cent, the royalty rates for the
secondary transmission of broadcast stations by satellite carriers for
private home viewing and viewing in commercial establishments are 27
cents and 54 cents per subscriber per month, respectively.
---------------------------------------------------------------------------
\2\ The most recent CPI-U figures are published in November of
each year and use the period 1982-1984 to establish a reference base
of 100. The index for October 2011 was 226.421, while the figure for
October 2012 was 231.414.
---------------------------------------------------------------------------
List of Subjects in 37 CFR Part 386
Copyright, Satellite, Television.
Final Regulations
For the reasons set forth in the preamble, part 386 of title 37 of
the Code of Federal Regulations is amended as follows:
PART 386--ADJUSTMENT OF ROYALTY FEES FOR SECONDARY TRANSMISSIONS BY
SATELLITE CARRIERS
0
1. The authority citation for part 386 continues to read as follows:
Authority: 17 U.S.C. 119(c), 801(b)(1).
0
2. Section 386.2 is amended by revising paragraphs (b)(1)(iv) and
(b)(2)(iv) as follows:
Sec. 386.2 Royalty fee for secondary transmission by satellite
carriers.
* * * * *
(b)(1) * * *
(iv) 2013: 27 cents per subscriber per month;
* * * * *
(2) * * *
(iv) 2013: 54 cents per subscriber per month;
* * * * *
Dated: November 19, 2012.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2012-28507 Filed 11-23-12; 8:45 am]
BILLING CODE 1410-72-P
