Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License, 87455-87456 [2016-29019]

Download as PDF Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Rules and Regulations The deviation is effective from 4:00 p.m. to 10:00 p.m., December 3, 2016. ADDRESSES: The docket for this deviation, [USCG–2016–1007] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Martin Bridges, Bridge Administration Branch Fifth District, Coast Guard, telephone 757–398–6422, email Martin.A.Bridges@ uscg.mil. SUPPLEMENTARY INFORMATION: The City of Chesapeake, who owns the S168 (Battlefield Blvd. S/SR 168 BUS) Bridge across the Albemarle & Chesapeake Canal, mile 12.0, Atlantic Intracoastal Waterway, Chesapeake (Great Bridge), VA, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.997(g) to facilitate the 32nd Annual Chesapeake Rotary Christmas Parade. Under this temporary deviation, the bridge will remain in the closed-tonavigation position from 4:00 p.m. to 6:00 p.m. and from 8:00 p.m. to 10:00 p.m., on December 3, 2016. The closure has been requested to ensure the safety of the increased volume of cars and spectators that will be participating in the 32nd Annual Chesapeake Rotary Christmas Parade. The bridge is a single bascule bridge and has a vertical clearance in the closed-to-navigation position of 8 feet above mean high water. The Atlantic Intracoastal Waterway (Albemarle and Chesapeake Canal) is used by a variety of vessels including recreational, tug and barge, fishing vessels, and small commercial vessels. The Coast Guard has carefully considered the nature and volume of vessel traffic on the waterway in publishing this temporary deviation. Vessels able to pass through the bridge in the closed- position may do so at any time. The bridge will open in case of an emergency and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterway through our Local Notice and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this sradovich on DSK3GMQ082PROD with RULES DATES: VerDate Sep<11>2014 15:57 Dec 02, 2016 Jkt 241001 temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: November 29, 2016. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2016–29049 Filed 12–2–16; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG–2016–1016] Drawbridge Operation Regulation; York River, Yorktown, VA Coast Guard, DHS. Notice of deviation from drawbridge regulation. AGENCY: ACTION: The Coast Guard has issued a temporary deviation from the operating schedule that governs the Coleman Memorial (US 17) Swing Bridge across the York River, mile 7.0, Yorktown, VA. The deviation is necessary to accommodate maintenance to the bridge’s hydraulic motors, pumps, and hoses. This deviation allows the bridge to remain in the closed-to-navigation position. DATES: This deviation is effective without actual notice from December 5, 2016 through 8 p.m. on December 15, 2016. For the purposes of enforcement, actual notice will be used from 7:00 a.m. on December 1, 2016, until December 5, 2016. ADDRESSES: The docket for this deviation, [USCG–2016–1016] is available at http://www.regulations.gov. Type the docket number in the ‘‘SEARCH’’ box and click ‘‘SEARCH’’. Click on Open Docket Folder on the line associated with this deviation. FOR FURTHER INFORMATION CONTACT: If you have questions on this temporary deviation, call or email Mr. Martin Bridges, Bridge Administration Branch Fifth District, Coast Guard, telephone 757–398–6422, email Martin.A.Bridges@ uscg.mil. SUPPLEMENTARY INFORMATION: The Virginia Department of Transportation, who owns the Coleman Memorial (US 17) Swing Bridge across the York River, mile 7.0, Yorktown, VA, has requested a temporary deviation from the current operating regulations set out in 33 CFR 117.1025 to facilitate maintenance to the bridge’s hydraulic motors, pumps, and hoses. SUMMARY: PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 87455 Under this temporary deviation, the bridge will remain in the closed-tonavigation position from 7:00 a.m. to 8:00 p.m., on December 1, 2016, and December 8, 2016; with an alternate date on December 15, 2016. At all other times, the bridge will operate per 33 CFR 117.1025. The bridge is a swing bridge and has a vertical clearance in the closed-to-navigation position of 60 feet above mean high water. The York River is used by a variety of vessels including recreational, tug and barge, fishing vessels, and small commercial vessels. The Coast Guard has carefully considered the nature and volume of vessel traffic on the waterway in publishing this temporary deviation. Vessels able to pass through the bridge in the closed-position may do so at any time. The bridge will not be able to open in case of an emergency. The Coast Guard will also inform the users of the waterway through our Local Notice and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessel operators can arrange their transits to minimize any impact caused by the temporary deviation. In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35. Dated: November 29, 2016. Hal R. Pitts, Bridge Program Manager, Fifth Coast Guard District. [FR Doc. 2016–29050 Filed 12–2–16; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 380 [Docket No. 14–CRB–0001–WR (2016–2020) (COLA 2017)] Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License Copyright Royalty Board, Library of Congress. ACTION: Final rule. AGENCY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) in the royalty rates that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of SUMMARY: E:\FR\FM\05DER1.SGM 05DER1 87456 Federal Register / Vol. 81, No. 233 / Monday, December 5, 2016 / Rules and Regulations sradovich on DSK3GMQ082PROD with RULES ephemeral reproductions of sound recordings. DATES: Effective Date: January 1, 2017. Applicability Dates: These rates are applicable to the period January 1, 2017, through December 31, 2017. FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, Attorney Advisor, by telephone at (202) 707–7658 or by email at crb@loc.gov. SUPPLEMENTARY INFORMATION: Sections 112(e) and 114(f) of the Copyright Act, title 17 of the United States Code, create statutory licenses for certain digital performances of sound recordings and the making of ephemeral reproductions to facilitate transmission of those sound recordings. On May 2, 2016, the Copyright Royalty Judges (Judges) adopted final regulations governing the rates and terms of copyright royalty payments under those licenses for the license period 2016–2020 for performances of sound recordings via eligible transmissions by commercial and noncommercial noninteractive webcasters. See 81 FR 26316. Pursuant to those regulations, at least 25 days before January 1 of each year, the Judges shall publish in the Federal Register notice of a COLA applicable to the royalty fees for performances of sound recordings via eligible transmissions by commercial and noncommercial noninteractive webcasters. 37 CFR 380.10(a)(1)–(2). The adjustment in the royalty fee shall be based on a calculation of the percentage increase in the CPI–U from the CPI–U published in November 2015 (237.838),1 according to the formula (1 + (Cy¥237.838)/237.838) × R2016, where Cy is the CPI–U published by the Secretary of Labor before December 1 of the preceding year and R2016 is the royalty rate for 2016 (i.e., $0.0022 per subscription performance or $0.0017 per nonsubscription performance). The adjustment shall be rounded to the nearest fourth decimal place. 37 CFR 380.10(c) (as revised herein). The CPI– U published by the Secretary of Labor from the most recent index published before December 1, 2016, is 241.729.2 1 The current regulations erroneously state that 237.336 was the CPI–U published in November 2015. That was actually the CPI–U for November 2015 that was published in December 2015. See BLS News Release—Consumer Price Index November 2015, available at http://www.bls.gov/news.release/ archives/cpi_12152015.pdf. The correct figure for this part of the calculation is 237.838 because it was the CPI–U published in November 2015. See BLS News Release—Consumer Price Index November 2015, available at http://www.bls.gov/news.release/ archives/cpi_11172015.pdf. The Judges have corrected the figure in text of the regulations published herein. 2 As announced on November 17, 2016, by the Bureau of Labor Statistics in its News Release— VerDate Sep<11>2014 15:57 Dec 02, 2016 Jkt 241001 Applying the formula in 37 CFR 380.10(c) and rounding to the nearest fourth decimal place results in no adjustment in the rates for 2017. The 2017 rate for eligible transmission of sound recordings by commercial webcasters remains unchanged at a rate of $.0022 per subscription performance and $.0017 per nonsubscription performance. Application of the formula to rates for noncommercial webcasters results in an unchanged rate of $.0017 per performance for all digital audio transmissions in excess of 159,140 ATH in a month on a channel or station. As provided in 37 CFR 380.1(d), the royalty fee for making ephemeral recordings under section 112 of the Copyright Act to facilitate digital transmission of sound recordings under section 114 of the Copyright Act is included in the section 114 royalty fee and comprises 5% of the total fee. List of Subjects in 37 CFR Part 380 Copyright, Sound recordings. Final Regulations In consideration of the foregoing, the Judges amend part 380 of title 37 of the Code of Federal Regulations as follows: PART 380—RATES AND TERMS FOR TRANSMISSIONS BY ELIGIBLE NONSUBSCRIPTION SERVICES AND NEW SUBSCRIPTION SERVICES AND FOR THE MAKING OF EPHEMERAL REPRODUCTIONS TO FACILITATE THOSE TRANSMISSIONS 1. The authority citation for part 380 continues to read as follows: ■ Authority: 17 U.S.C. 112(e), 114(f), 804(b)(3). 2. Section 380.10 is amended by: a. Revising paragraph (a). b. In paragraph (c), removing ‘‘237.336’’ wherever it appears and adding in its place ‘‘237.838’’. The revision reads as follows: ■ ■ ■ § 380.10 Royalty fees for the public performance of sound recordings and the making of ephemeral recordings. (a) Royalty fees. For the year 2017, Licensees must pay royalty fees for all Eligible Transmissions of sound recordings at the following rates: (1) Commercial Webcasters: $0.0022 per performance for subscription services and $0.0017 per performance for nonsubscription services. (2) Noncommercial webcasters. $500 per year for each channel or station and $0.0017 per performance for all digital audio transmissions in excess of Consumer Price Index October 2016, available at http://www.bls.gov/news.release/pdf/cpi.pdf. PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 159,140 ATH in a month on a channel or station. * * * * * Dated: November 29, 2016. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2016–29019 Filed 12–2–16; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [EPA–HQ–OPP–2015–0439; FRL–9954–33] Tau-Fluvalinate; Pesticide Tolerance Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: This regulation establishes a tolerance for residues of tau-fluvalinate in or on wine grapes. Makhteshim Agan of North America, Inc., d/b/a ADAMA requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA). SUMMARY: This regulation is effective December 5, 2016. Objections and requests for hearings must be received on or before February 3, 2017, and must be filed in accordance with the instructions provided in 40 CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION). ADDRESSES: The docket for this action, identified by docket identification (ID) number EPA–HQ–OPP–2015–0439, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory Public Docket (OPP Docket) in the Environmental Protection Agency Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20460–0001. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OPP Docket is (703) 305–5805. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. FOR FURTHER INFORMATION CONTACT: Michael Goodis, Registration Division (7505P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; main telephone number: (703) 305–7090; email address: RDFRNotices@epa.gov. SUPPLEMENTARY INFORMATION: DATES: E:\FR\FM\05DER1.SGM 05DER1

Agencies

[Federal Register Volume 81, Number 233 (Monday, December 5, 2016)]
[Rules and Regulations]
[Pages 87455-87456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29019]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 380

[Docket No. 14-CRB-0001-WR (2016-2020) (COLA 2017)]


Cost of Living Adjustment to Royalty Rates for Webcaster 
Statutory License

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (COLA) in the royalty rates that commercial and 
noncommercial noninteractive webcasters pay for eligible transmissions 
pursuant to the statutory licenses for the public performance of and 
for the making of

[[Page 87456]]

ephemeral reproductions of sound recordings.

DATES: Effective Date: January 1, 2017.
    Applicability Dates: These rates are applicable to the period 
January 1, 2017, through December 31, 2017.

FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, Attorney Advisor, by 
telephone at (202) 707-7658 or by email at crb@loc.gov.

SUPPLEMENTARY INFORMATION: Sections 112(e) and 114(f) of the Copyright 
Act, title 17 of the United States Code, create statutory licenses for 
certain digital performances of sound recordings and the making of 
ephemeral reproductions to facilitate transmission of those sound 
recordings. On May 2, 2016, the Copyright Royalty Judges (Judges) 
adopted final regulations governing the rates and terms of copyright 
royalty payments under those licenses for the license period 2016-2020 
for performances of sound recordings via eligible transmissions by 
commercial and noncommercial noninteractive webcasters. See 81 FR 
26316.
    Pursuant to those regulations, at least 25 days before January 1 of 
each year, the Judges shall publish in the Federal Register notice of a 
COLA applicable to the royalty fees for performances of sound 
recordings via eligible transmissions by commercial and noncommercial 
noninteractive webcasters. 37 CFR 380.10(a)(1)-(2).
    The adjustment in the royalty fee shall be based on a calculation 
of the percentage increase in the CPI-U from the CPI-U published in 
November 2015 (237.838),\1\ according to the formula (1 + 
(Cy-237.838)/237.838) x R2016, where 
Cy is the CPI-U published by the Secretary of Labor before 
December 1 of the preceding year and R2016 is the royalty 
rate for 2016 (i.e., $0.0022 per subscription performance or $0.0017 
per nonsubscription performance). The adjustment shall be rounded to 
the nearest fourth decimal place. 37 CFR 380.10(c) (as revised herein). 
The CPI-U published by the Secretary of Labor from the most recent 
index published before December 1, 2016, is 241.729.\2\ Applying the 
formula in 37 CFR 380.10(c) and rounding to the nearest fourth decimal 
place results in no adjustment in the rates for 2017.
---------------------------------------------------------------------------

    \1\ The current regulations erroneously state that 237.336 was 
the CPI-U published in November 2015. That was actually the CPI-U 
for November 2015 that was published in December 2015. See BLS News 
Release--Consumer Price Index November 2015, available at http://www.bls.gov/news.release/archives/cpi_12152015.pdf. The correct 
figure for this part of the calculation is 237.838 because it was 
the CPI-U published in November 2015. See BLS News Release--Consumer 
Price Index November 2015, available at http://www.bls.gov/news.release/archives/cpi_11172015.pdf. The Judges have corrected 
the figure in text of the regulations published herein.
    \2\ As announced on November 17, 2016, by the Bureau of Labor 
Statistics in its News Release--Consumer Price Index October 2016, 
available at http://www.bls.gov/news.release/pdf/cpi.pdf.
---------------------------------------------------------------------------

    The 2017 rate for eligible transmission of sound recordings by 
commercial webcasters remains unchanged at a rate of $.0022 per 
subscription performance and $.0017 per nonsubscription performance.
    Application of the formula to rates for noncommercial webcasters 
results in an unchanged rate of $.0017 per performance for all digital 
audio transmissions in excess of 159,140 ATH in a month on a channel or 
station.
    As provided in 37 CFR 380.1(d), the royalty fee for making 
ephemeral recordings under section 112 of the Copyright Act to 
facilitate digital transmission of sound recordings under section 114 
of the Copyright Act is included in the section 114 royalty fee and 
comprises 5% of the total fee.

List of Subjects in 37 CFR Part 380

    Copyright, Sound recordings.

Final Regulations

    In consideration of the foregoing, the Judges amend part 380 of 
title 37 of the Code of Federal Regulations as follows:

PART 380--RATES AND TERMS FOR TRANSMISSIONS BY ELIGIBLE 
NONSUBSCRIPTION SERVICES AND NEW SUBSCRIPTION SERVICES AND FOR THE 
MAKING OF EPHEMERAL REPRODUCTIONS TO FACILITATE THOSE TRANSMISSIONS

0
1. The authority citation for part 380 continues to read as follows:

    Authority:  17 U.S.C. 112(e), 114(f), 804(b)(3).

0
2. Section 380.10 is amended by:
0
a. Revising paragraph (a).
0
b. In paragraph (c), removing ``237.336'' wherever it appears and 
adding in its place ``237.838''.
    The revision reads as follows:


Sec.  380.10   Royalty fees for the public performance of sound 
recordings and the making of ephemeral recordings.

    (a) Royalty fees. For the year 2017, Licensees must pay royalty 
fees for all Eligible Transmissions of sound recordings at the 
following rates:
    (1) Commercial Webcasters: $0.0022 per performance for subscription 
services and $0.0017 per performance for nonsubscription services.
    (2) Noncommercial webcasters. $500 per year for each channel or 
station and $0.0017 per performance for all digital audio transmissions 
in excess of 159,140 ATH in a month on a channel or station.
* * * * *

    Dated: November 29, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016-29019 Filed 12-2-16; 8:45 am]
 BILLING CODE 1410-72-P