Notice and Recordkeeping for Use of Sound Recordings Under Statutory License; Technical Amendment, 40190 [2016-14572]

Download as PDF 40190 Federal Register / Vol. 81, No. 119 / Tuesday, June 21, 2016 / Rules and Regulations necessary to maintain a safe course, unless otherwise required by the Navigation Rules. (2) Any person or vessel permitted to enter the safety zone shall comply with the directions and orders of the COTP or the COTP’s representatives. Upon being hailed by a U.S. Coast Guard vessel by siren, radio, flashing lights, or other means, the operator of a vessel within the zone shall proceed as directed. Any person or vessel within the safety zone shall exit the zone when directed by the COTP or the COTP’s representatives. (3) To obtain permissions required by this regulation, individuals may reach the COTP or a COTP representative via VHF channel 16 or 617–223–5757 (Sector Boston Command Center). (c) Penalties. Those who violate this section are subject to the penalties set forth in 33 U.S.C. 1232 and 50 U.S.C. 1226. (d) Notification. Coast Guard Sector Boston will give notice through the Local Notice to Mariners and Broadcast Notice to Mariners for the purpose of enforcement of this temporary safety zone. Sector Boston will also notify the public to the greatest extent possible of any period in which the Coast Guard will suspend enforcement of this safety zone. (e) COTP Representative. The COTP’s representative may be any Coast Guard commissioned, or petty officer or any federal, state, or local law enforcement officer who has been designated by the COTP to act on the COTP’s behalf. The COTP’s representative may be on a Coast Guard vessel, a Coast Guard Auxiliary vessel, a state or local law enforcement vessel, or a location on shore. Dated: June 13, 2016. C.C. Gelzer, Captain, U.S. Coast Guard, Captain of the Port Boston. [FR Doc. 2016–14642 Filed 6–20–16; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 370 rmajette on DSK2TPTVN1PROD with RULES [Docket No. RM 2008–7] Notice and Recordkeeping for Use of Sound Recordings Under Statutory License; Technical Amendment Copyright Royalty Board, Library of Congress. ACTION: Final rule; technical amendment. AGENCY: VerDate Sep<11>2014 14:40 Jun 20, 2016 Jkt 238001 The Copyright Royalty Judges published in the Federal Register of May 19, 2016, a document amending regulations that govern reporting requirements for noncommercial educational webcasters that pay no more than the minimum fee for their use of sound recordings under the applicable statutory licenses. Inadvertently, the amendments did not remove a superseded definition and did not include a new defined term in the operative regulations. This document corrects those inadvertent omissions. SUMMARY: Effective Date: June 21, 2016. Applicability Date: May 19, 2016. DATES: FOR FURTHER INFORMATION CONTACT: Kimberly Whittle at (202) 707–7658 or at crb@loc.gov. SUPPLEMENTARY INFORMATION: The Copyright Royalty Judges (Judges) published a final rule in the Federal Register of May 19, 2014, (81 FR 31506) that added a new term, Eligible Minimum Fee Webcaster, to the definition section of 37 CFR 370.4. In doing so, the Judges intended to expand relaxed reporting requirements to certain noncommercial educational webcasters that previously had been excluded from such relaxed requirements. The Judges added those webcasters to the group and renamed the group to more precisely describe the members. The new term for the group is ‘‘Eligible Minimum Fee Webcaster.’’ The new definition includes all entities that qualified under the previous ‘‘Minimum Fee Broadcaster’’ definition and certain noncommercial educational webcasters. The amended regulation inadvertently did not reference the new term ‘‘Eligible Minimum Fee Webcaster’’ in the relevant sections of part 370, namely, 37 CFR 370.4(d)(2)(vi) and (vii) and 370.4(d)(3)(i) and (ii). The amended regulation also should have removed the ‘‘Minimum Fee Broadcaster’’ definition, which is no longer necessary. The Judges now make the necessary changes to clarify that the reporting requirements in Part 370 that applied to ‘‘Minimum Fee Broadcasters’’ now apply to the more inclusive group, ‘‘Eligible Minimum Fee Webcasters.’’ In consideration of the foregoing, the Copyright Royalty Judges amend 37 CFR part 370 as follows: Fmt 4700 Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A). 2. In § 370.4: a. In paragraph (b), remove the definition of ‘‘Minimum Fee Broadcaster’’; ■ b. Revise paragraphs (d)(2)(vi) and (vii) and (d)(3)(i) and (ii). The revisions read as follows: ■ ■ § 370.4 Reports of use of sound recordings under statutory license for nonsubscription transmission services, preexisting satellite digital audio radio services, new subscription services and business establishment services. * * * * (d) * * * (2) * * * (vi) For a nonsubscription transmission service except those qualifying as eligible minimum fee webcasters: The actual total performances of the sound recording during the reporting period. (vii) For a preexisting satellite digital audio radio service, a new subscription service, a business establishment service or a nonsubscription service qualifying as an eligible minimum fee webcaster: The actual total performances of the sound recording during the reporting period or, alternatively, the (A) Aggregate Tuning Hours; (B) Channel or program name; and (C) Play frequency. (3) * * * (i) For each calendar month of the year by all services other than a nonsubscription service qualifying as an eligible minimum fee webcaster; or (ii) For a two-week period (two periods of 7 consecutive days) for each calendar quarter of the year by a nonsubscription service qualifying as an eligible minimum fee webcaster and the two-week period need not consist of consecutive weeks, but both weeks must be completely within the calendar quarter. * * * * * Dated: June 13, 2016. Suzanne M. Barnett, Chief Copyright Royalty Judge. Approved by: Final Regulations Frm 00042 1. The authority citation for part 370 continues to read as follows: ■ * Introduction PO 00000 PART 370—NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY LICENSES Sfmt 9990 David S. Mao, Acting Librarian of Congress. [FR Doc. 2016–14572 Filed 6–20–16; 8:45 am] BILLING CODE 1410–72–P E:\FR\FM\21JNR1.SGM 21JNR1

Agencies

[Federal Register Volume 81, Number 119 (Tuesday, June 21, 2016)]
[Rules and Regulations]
[Page 40190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14572]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 370

[Docket No. RM 2008-7]


Notice and Recordkeeping for Use of Sound Recordings Under 
Statutory License; Technical Amendment

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule; technical amendment.

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SUMMARY: The Copyright Royalty Judges published in the Federal Register 
of May 19, 2016, a document amending regulations that govern reporting 
requirements for noncommercial educational webcasters that pay no more 
than the minimum fee for their use of sound recordings under the 
applicable statutory licenses. Inadvertently, the amendments did not 
remove a superseded definition and did not include a new defined term 
in the operative regulations. This document corrects those inadvertent 
omissions.

DATES: Effective Date: June 21, 2016.
    Applicability Date: May 19, 2016.

FOR FURTHER INFORMATION CONTACT: Kimberly Whittle at (202) 707-7658 or 
at crb@loc.gov.

SUPPLEMENTARY INFORMATION: 

Introduction

    The Copyright Royalty Judges (Judges) published a final rule in the 
Federal Register of May 19, 2014, (81 FR 31506) that added a new term, 
Eligible Minimum Fee Webcaster, to the definition section of 37 CFR 
370.4. In doing so, the Judges intended to expand relaxed reporting 
requirements to certain noncommercial educational webcasters that 
previously had been excluded from such relaxed requirements. The Judges 
added those webcasters to the group and renamed the group to more 
precisely describe the members. The new term for the group is 
``Eligible Minimum Fee Webcaster.'' The new definition includes all 
entities that qualified under the previous ``Minimum Fee Broadcaster'' 
definition and certain noncommercial educational webcasters.
    The amended regulation inadvertently did not reference the new term 
``Eligible Minimum Fee Webcaster'' in the relevant sections of part 
370, namely, 37 CFR 370.4(d)(2)(vi) and (vii) and 370.4(d)(3)(i) and 
(ii). The amended regulation also should have removed the ``Minimum Fee 
Broadcaster'' definition, which is no longer necessary.
    The Judges now make the necessary changes to clarify that the 
reporting requirements in Part 370 that applied to ``Minimum Fee 
Broadcasters'' now apply to the more inclusive group, ``Eligible 
Minimum Fee Webcasters.''

Final Regulations

    In consideration of the foregoing, the Copyright Royalty Judges 
amend 37 CFR part 370 as follows:

PART 370--NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY 
LICENSES

0
1. The authority citation for part 370 continues to read as follows:

    Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A).


0
2. In Sec.  370.4:
0
a. In paragraph (b), remove the definition of ``Minimum Fee 
Broadcaster'';
0
b. Revise paragraphs (d)(2)(vi) and (vii) and (d)(3)(i) and (ii).
    The revisions read as follows:


Sec.  370.4  Reports of use of sound recordings under statutory license 
for nonsubscription transmission services, preexisting satellite 
digital audio radio services, new subscription services and business 
establishment services.

* * * * *
    (d) * * *
    (2) * * *
    (vi) For a nonsubscription transmission service except those 
qualifying as eligible minimum fee webcasters: The actual total 
performances of the sound recording during the reporting period.
    (vii) For a preexisting satellite digital audio radio service, a 
new subscription service, a business establishment service or a 
nonsubscription service qualifying as an eligible minimum fee 
webcaster: The actual total performances of the sound recording during 
the reporting period or, alternatively, the
    (A) Aggregate Tuning Hours;
    (B) Channel or program name; and
    (C) Play frequency.
    (3) * * *
    (i) For each calendar month of the year by all services other than 
a nonsubscription service qualifying as an eligible minimum fee 
webcaster; or
    (ii) For a two-week period (two periods of 7 consecutive days) for 
each calendar quarter of the year by a nonsubscription service 
qualifying as an eligible minimum fee webcaster and the two-week period 
need not consist of consecutive weeks, but both weeks must be 
completely within the calendar quarter.
* * * * *

    Dated: June 13, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.

Approved by:

David S. Mao,
Acting Librarian of Congress.
[FR Doc. 2016-14572 Filed 6-20-16; 8:45 am]
 BILLING CODE 1410-72-P