Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities, 72726-72727 [E8-28466]

Download as PDF 72726 Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations TABLE TWO Vessel Number * * USS LOUISVILLE ........................... * * * * * BILLING CODE 3810–FF–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 2008–6 CRB NCBRA] Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities Copyright Royalty Board, Library of Congress. ACTION: Final rule. erowe on PROD1PC63 with RULES AGENCY: SUMMARY: The Copyright Royalty Judges announce a cost of living adjustment (‘‘COLA’’) of 3.7% in the royalty rates that colleges, universities, and other nonprofit educational institutions that are not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the ASCAP, BMI and SESAC repertories. The COLA is based on the change in the Consumer Price Index from October 2007 to October 2008. DATES: Effective Date: January 1, 2009. FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program Specialist. Telephone: (202) 707–7658. SUPPLEMENTARY INFORMATION: Section 118 of the Copyright Act 1 creates a compulsory license for the use of published nondramatic musical works and published pictorial, graphic, and U.S.C. 118. VerDate Aug<31>2005 14:32 Nov 28, 2008 Jkt 217001 Forward anchor light, number of; Rule 30(a)(i) AFT anchor light, distance below flight dk in meters; Rule 21(e), Rule 30(a)(ii) AFT anchor light, number of; Rule 30(a)(ii) Side lights, distance below flight dk in meters; § 2(g), Annex I Side lights, distance forward of forward masthead light in meters; § 3(b), Annex I Side lights, distance inboard of ship’s sides in meters; § 3(b), Annex I * * * * * * * * 0.41 * Approved: November 19, 2008. M. Robb Hyde, Commander, JAGC, U.S. Navy, Deputy Assistant Judge Advocate General (Admiralty and Maritime Law). [FR Doc. E8–28414 Filed 11–28–08; 8:45 am] 1 17 Forward anchor light, distance below flight dk in meters; § 2(K), Annex I * SSN 724. * * Masthead lights, distance to stbd of keel in meters; Rule 21(a) sculptural works in connection with noncommercial broadcasting. Terms and rates for this compulsory license, applicable to parties who are not subject to privately negotiated licenses, are published in 37 CFR parts 253 and 381. Final regulations governing the terms and rates of copyright royalty payments with respect to certain uses by public broadcasting entities of published nondramatic musical works, and published pictorial, graphic, and sculptural works for the license period beginning January 1, 2008, and ending December 31, 2012, were published in the Federal Register on November 30, 2007.2 Pursuant to these regulations, on or before December 1 of each year the Judges shall publish a notice of the change in the cost of living as determined by the Consumer Price Index (all urban consumers, all items (‘‘CPI–U’’)) during the period from the most recent index published prior to the previous notice, to the most recent index published prior to December 1 of that year.3 The regulations also require that the Judges publish a revised schedule of rates for the public performance of musical compositions in the ASCAP, BMI, and SESAC repertories by public broadcasting entities licensed to colleges and universities, reflecting the change in the CPI–U.4 Accordingly, the Judges are hereby announcing the change in the CPI–U and applying the annual COLA to the rates set out in 37 CFR 381.5(c). 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, 2008, to the most recent index published before 2 72 FR 67646. CFR 381.10(a). 4 37 CFR 381.10(b) (requiring publication of a revised schedule of rates for 37 CFR 381.5). 3 37 PO 00000 Frm 00040 Fmt 4700 Sfmt 4700 December 1, 2007, is 3.7%.5 Rounding to the nearest dollar,6 the royalty rates for the performance of published nondramatic musical compositions in the repertories of ASCAP, BMI, and SESAC are $298, $298, and $120, respectively. List of Subjects in 37 CFR Part 381 Copyright, Music, Radio, Television, Rates. Final Regulations For the reasons set forth in the preamble, Part 381 of title 37 of the Code of Federal Regulations is amended to read as follows: ■ PART 381—USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH NONCOMMERCIAL EDUCATIONAL BROADCASTING 1. The authority citation for part 381 continues to read as follows: ■ Authority: 17 U.S.C. 118, 801(b)(1), and 803 2. Section 381.5 is amended by revising paragraphs (c)(1) through (c)(3) as follows: ■ § 381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities. * * * * * (c) * * * (1) For all such compositions in the repertory of ASCAP, $298 annually. (2) For all such compositions in the repertory of BMI, $298 annually. 5 The most recent CPI–U figures are published in October of each year and use the period 1982–84 to establish a reference base of 100. The index for October 2008 was 216.573, while the figure for October 2007 was 208.936. 6 See 37 CFR 381.10(b) (adjusted royalty rates shall be ‘‘fixed at the nearest dollar’’). E:\FR\FM\01DER1.SGM 01DER1 Federal Register / Vol. 73, No. 231 / Monday, December 1, 2008 / Rules and Regulations (3) For all such compositions in the repertory of SESAC, $120 annually. * * * * * Dated: November 25, 2008. James Scott Sledge, Chief Copyright Royalty Judge. [FR Doc. E8–28466 Filed 11–28–08; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 63 [EPA–HQ–OAR–2004–0083; FRL–8747–1] RIN 2060–AM71 Amendments to National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities Environmental Protection Agency (EPA). ACTION: Direct final rule. erowe on PROD1PC63 with RULES AGENCY: SUMMARY: EPA is taking direct final action to amend the national emission standards for electric arc furnace (EAF) steelmaking facilities that are area sources of hazardous air pollutants published on December 28, 2007. The amendments to the area source standards for EAF steelmaking facilities clarify applicability of the opacity limit, make the performance test requirements for particulate matter consistent with requirements in the new source performance standards for EAF steelmaking facilities, allow title V test data to be used to demonstrate compliance, and revise the definition of ‘‘scrap provider’’ to include EAF steelmaking facilities that own and operate a scrap shredder. DATES: This final rule is effective on March 2, 2009 without further notice, unless EPA receives significant adverse comment by December 31, 2008. If the effective date is delayed, timely notice will be published in the Federal Register. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that some or all of the amendments in this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2004–0083 by one of the following methods: • http://www.regulations.gov: Follow the on-line instructions for submitting comments. • E-mail: a-and-r-docket@epa.gov. • Fax: (202) 566–9744. • Mail: National Emission Standards for Hazardous Air Pollutants for Area VerDate Aug<31>2005 14:32 Nov 28, 2008 Jkt 217001 Sources: Electric Arc Furnace Steelmaking Facilities Docket, Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of two copies. • Hand Delivery: EPA Docket Center, Public Reading Room, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC 20460. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2004– 0083. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or e-mail. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through http:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at the National Emission Standards for PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 72727 Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmaking Facilities Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. 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 Air Docket is (202) 566–1742. FOR FURTHER INFORMATION CONTACT: Mr. Phil Mulrine, Sector Policies and Programs Division, Office of Air Quality Planning and Standards (D243–02), Environmental Protection Agency, Research Triangle Park, North Carolina 27711, telephone number: (919) 541– 5289; fax number: (919) 541–3207; email address: mulrine.phil@epa.gov. SUPPLEMENTARY INFORMATION: The information presented in this preamble is organized as follows: I. Why is EPA using a direct final rule? II. Does this action apply to me? III. Where can I get a copy of this document? IV. What should I consider as I prepare my comments to EPA? V. What are the changes to the area source NESHAP for EAF steelmaking facilities? A. Melt Shop Opacity Limit B. Particulate Matter Performance Test Requirements C. Certifying Initial Compliance Based on Previous Tests D. Definition of ‘‘Scrap Provider’’ VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer Advancement Act J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act I. Why is EPA using a direct final rule? EPA is publishing this final rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no significant adverse comment. These amendments to the national emission standards for hazardous air pollutants (NESHAP) EAF steelmaking facilities that are area sources (40 CFR part 63, subpart E:\FR\FM\01DER1.SGM 01DER1

Agencies

[Federal Register Volume 73, Number 231 (Monday, December 1, 2008)]
[Rules and Regulations]
[Pages 72726-72727]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-28466]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 381

[Docket No. 2008-6 CRB NCBRA]


Cost of Living Adjustment for Performance of Musical Compositions 
by Colleges and Universities

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule.

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

SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (``COLA'') of 3.7% in the royalty rates that colleges, 
universities, and other nonprofit educational institutions that are not 
affiliated with National Public Radio pay for the use of published 
nondramatic musical compositions in the ASCAP, BMI and SESAC 
repertories. The COLA is based on the change in the Consumer Price 
Index from October 2007 to October 2008.

DATES: Effective Date: January 1, 2009.

FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program 
Specialist. Telephone: (202) 707-7658.

SUPPLEMENTARY INFORMATION: Section 118 of the Copyright Act \1\ creates 
a compulsory license for the use of published nondramatic musical works 
and published pictorial, graphic, and sculptural works in connection 
with noncommercial broadcasting. Terms and rates for this compulsory 
license, applicable to parties who are not subject to privately 
negotiated licenses, are published in 37 CFR parts 253 and 381.
---------------------------------------------------------------------------

    \1\ 17 U.S.C. 118.
---------------------------------------------------------------------------

    Final regulations governing the terms and rates of copyright 
royalty payments with respect to certain uses by public broadcasting 
entities of published nondramatic musical works, and published 
pictorial, graphic, and sculptural works for the license period 
beginning January 1, 2008, and ending December 31, 2012, were published 
in the Federal Register on November 30, 2007.\2\ Pursuant to these 
regulations, on or before December 1 of each year the Judges shall 
publish a notice of the change in the cost of living as determined by 
the Consumer Price Index (all urban consumers, all items (``CPI-U'')) 
during the period from the most recent index published prior to the 
previous notice, to the most recent index published prior to December 1 
of that year.\3\ The regulations also require that the Judges publish a 
revised schedule of rates for the public performance of musical 
compositions in the ASCAP, BMI, and SESAC repertories by public 
broadcasting entities licensed to colleges and universities, reflecting 
the change in the CPI-U.\4\ Accordingly, the Judges are hereby 
announcing the change in the CPI-U and applying the annual COLA to the 
rates set out in 37 CFR 381.5(c).
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    \2\ 72 FR 67646.
    \3\ 37 CFR 381.10(a).
    \4\ 37 CFR 381.10(b) (requiring publication of a revised 
schedule of rates for 37 CFR 381.5).
---------------------------------------------------------------------------

    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, 
2008, to the most recent index published before December 1, 2007, is 
3.7%.\5\ Rounding to the nearest dollar,\6\ the royalty rates for the 
performance of published nondramatic musical compositions in the 
repertories of ASCAP, BMI, and SESAC are $298, $298, and $120, 
respectively.
---------------------------------------------------------------------------

    \5\ The most recent CPI-U figures are published in October of 
each year and use the period 1982-84 to establish a reference base 
of 100. The index for October 2008 was 216.573, while the figure for 
October 2007 was 208.936.
    \6\ See 37 CFR 381.10(b) (adjusted royalty rates shall be 
``fixed at the nearest dollar'').
---------------------------------------------------------------------------

List of Subjects in 37 CFR Part 381

    Copyright, Music, Radio, Television, Rates.

Final Regulations

0
For the reasons set forth in the preamble, Part 381 of title 37 of the 
Code of Federal Regulations is amended to read as follows:

PART 381--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH 
NONCOMMERCIAL EDUCATIONAL BROADCASTING

0
1. The authority citation for part 381 continues to read as follows:

    Authority: 17 U.S.C. 118, 801(b)(1), and 803


0
2. Section 381.5 is amended by revising paragraphs (c)(1) through 
(c)(3) as follows:


Sec.  381.5  Performance of musical compositions by public broadcasting 
entities licensed to colleges and universities.

* * * * *
    (c) * * *
    (1) For all such compositions in the repertory of ASCAP, $298 
annually.
    (2) For all such compositions in the repertory of BMI, $298 
annually.

[[Page 72727]]

    (3) For all such compositions in the repertory of SESAC, $120 
annually.
* * * * *

    Dated: November 25, 2008.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E8-28466 Filed 11-28-08; 8:45 am]
BILLING CODE 1410-72-P