Digital Performance Right in Sound Recordings and Ephemeral Recordings, 68214-68215 [E9-30572]

Download as PDF 68214 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Proposed Rules equipping of vessels. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule. List of Subjects 33 CFR Part 104 Maritime security, Reporting and recordkeeping requirements, Security measures, and Vessels. 33 CFR Part 105 Maritime security, Reporting and recordkeeping requirements, and Security measures. 33 CFR Part 160 Administrative practice and procedure, Harbors, Hazardous materials transportation, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Vessels, and Waterways. For the reasons discussed in the preamble, the Coast Guard proposes to adopt the amendments to 33 CFR parts 104 and 105, introduced by the interim rule published at 70 FR 74669 on December 16, 2005, as final, and to amend 33 CFR part 160 as follows: PART 160—PORTS AND WATERWAYS SAFETY–GENERAL 1. The authority citation for part 160 continues to read as follows: Authority: 33 U.S.C. 1223, 1231; 46 U.S.C. Chapter 701; Department of Homeland Security Delegation No. 0170.1. Subpart D is also issued under the authority of 33 U.S.C. 1225 and 46 U.S.C. 3715. 2. In § 160.204, revise paragraphs (7) through (9) of the definition for ‘‘Certain dangerous cargo (CDC)’’ and the entire definition of ‘‘Certain dangerous cargo residue (CDC residue)’’ to read as follows: § 160.204 cprice-sewell on DSKHWCL6B1PROD with PROPOSALS-1 * * * * Certain dangerous cargo (CDC) includes any of the following: * * * * * (7) All bulk liquefied gas cargo carried under 46 CFR 151.50–31 or listed in 46 CFR 154.7 that is flammable and/or toxic and that is not carried as certain dangerous cargo residue (CDC residue). (8) The following bulk liquids except when carried as CDC residue: (i) Acetone cyanohydrin; (ii) Allyl alcohol; (iii) Chlorosulfonic acid; (iv) Crotonaldehyde; (v) Ethylene chlorohydrin; (vi) Ethylene dibromide; (vii) Methacrylonitrile; (viii) Oleum (fuming sulfuric acid); and 13:33 Dec 22, 2009 Dated: December 15, 2009. Kevin S. Cook, Rear Admiral, U.S. Coast Guard, Director of Prevention Policy. [FR Doc. E9–30347 Filed 12–22–09; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Royalty Board Definitions. * VerDate Nov<24>2008 (ix) Propylene oxide, alone or mixed with ethylene oxide. (9) The following bulk solids: (i) Ammonium nitrate listed as a Division 5.1 (oxidizing) material in 49 CFR 172.101 except when carried as CDC residue; and (ii) Ammonium nitrate based fertilizer listed as a Division 5.1 (oxidizing) material in 49 CFR 172.101 except when carried as CDC residue. Certain dangerous cargo residue (CDC residue) includes any of the following: (1) Ammonium nitrate in bulk or ammonium nitrate based fertilizer in bulk remaining after all saleable cargo is discharged, not exceeding 1,000 pounds in total and not individually accumulated in quantities exceeding two cubic feet. (2) For bulk liquids and liquefied gases, the cargo that remains onboard in a cargo system after discharge that is not accessible through normal transfer procedures, with the exception of the following bulk liquefied gas cargoes carried under 46 CFR 151.50–31 or listed in 46 CFR 154.7: (i) Ammonia, anhydrous; (ii) Chlorine; (iii) Ethane; (iv) Ethylene oxide; (v) Methane (LNG); (vi) Methyl bromide; (vii) Sulfur dioxide; and (viii) Vinyl chloride. * * * * * Jkt 220001 37 CFR Part 380 [Docket No. 2005–1 CRB DTRA] Digital Performance Right in Sound Recordings and Ephemeral Recordings AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Notice of proposed rulemaking. SUMMARY: The Copyright Royalty Judges are publishing for comment proposed regulations governing the statutory minimum fees to be paid by Commercial Webcasters under two statutory licenses, permitting certain digital performances of sound recordings and the making of ephemeral recordings, for PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 the period beginning January 1, 2006, and ending on December 31, 2010. DATES: Comments and objections, if any, are due by no later than January 22, 2010. ADDRESSES: Comments and objections may be sent electronically to crb@loc.gov. In the alternative, send an original, five copies and an electronic copy on a CD either by mail or hand delivery. Please do not use multiple means of transmission. Comments and objections may not be delivered by an overnight delivery service other than U.S. Postal Service Express Mail. If by mail (including overnight delivery), comments and objections must be addressed to: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024– 0977. If hand delivered by a private party, comments and objections must be brought to the Copyright Office Public Information Office, Library of Congress, James Madison Memorial Building, Room LM–401, 101 Independence Avenue, SE., Washington, DC 20559– 6000, between 8:30 a.m. and 5 p.m. If delivered by a commercial courier, comments and objections must be delivered between 8:30 a.m. and 4 p.m. to the Congressional Courier Acceptance Site located at 2nd and D Street, NE., Washington, DC, and the envelope must be addressed as follows: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, Room LM–403, 101 Independence Avenue, SE., Washington, DC 20559– 0600. FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or Gina Giuffreda, Attorney Advisor, by telephone at (202) 707–7658 or by e-mail at crb@loc.gov. SUPPLEMENTARY INFORMATION: Background On May 1, 2007, the Copyright Royalty Judges published in the Federal Register their determination of royalty rates and terms under the statutory licenses under Sections 112(e) and 114 of the Copyright Act for the period 2006 through 2010 for a digital public performance of sound recordings by means of an eligible nonsubscription transmission or a transmission by a new subscription service. 72 FR 24084. In Intercollegiate Broadcast System, Inc.v. Copyright Royalty Board, 574 F.3d 748 (D.C. Cir. 2009), the United States Court of Appeals for the District of Columbia Circuit affirmed the Judges’ determination in the main but remanded to the Judges the matter of setting the minimum fee to be paid by both Commercial Webcasters and Noncommercial Webcasters under E:\FR\FM\23DEP1.SGM 23DEP1 Federal Register / Vol. 74, No. 245 / Wednesday, December 23, 2009 / Proposed Rules Sections 112(e) and 114 of the Copyright Act. Id. at 762, 767. By order dated October 23, 2009, the Judges established a period commencing November 2, 2009, and concluding on December 2, 2009, for the parties to negotiate and submit a settlement of the minimum fee issue that was the subject of the remand. On December 2, 2009, SoundExchange, Inc. and the Digital Media Association (‘‘DiMA’’) submitted a settlement regarding the statutory minimum fee to be paid by Commercial Webcasters.1 Having received such a settlement, the Judges now publish for comment the proposed change in the rule that is necessary to implement that settlement pursuant to order of remand from the United States Court of Appeals for the District of Columbia Circuit. List of Subjects in 37 CFR Part 380 Copyright, Sound recordings. Proposed Regulations For the reasons set forth in the preamble, the Copyright Royalty Judges propose to amend part 380 of title 37 of the Code of Federal Regulations as follows: PART 380—RATES AND TERMS FOR CERTAIN ELIGIBLE NONSUBSCRIPTION TRANSMISSIONS, NEW SUBSCRIPTION SERVICES AND THE MAKING OF EPHEMERAL REPRODUCTIONS 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 380.3 is amended by revising paragraph (b) to read as follows: § 380.3 Royalty fees for the public performance of sound recordings and for ephemeral recording. * * * * * cprice-sewell on DSKHWCL6B1PROD with PROPOSALS-1 1 Since the settlement does not include Noncommercial Webcasters, the Judges, on remand of the DC Circuit, will determine the minimum fee for Noncommercial Webcasters pursuant to the October 23, 2009, order. See Order Regarding Conduct and Scheduling of the Remand Proceeding, Docket No. 2005–1 CRB DTRA (October 23, 2009); see also Order Denying in Part and Granting in Part Joint Motion to Modify Scheduling Order, Docket No. 2005–1 CRB DTRA December 23, 2009. The Judges note that the proposed change is to § 380.3(b), which currently addresses the minimum fee for Commercial and Noncommercial Webcasters in a single paragraph. For sake of clarity, the Judges have proposed a new § 380.3(b)(1), which sets forth the proposed minimum fee for Commercial Webcasters per the settlement between SoundExchange and DiMA and a new § 380.3(b)(2), which sets forth the minimum fee for Noncommercial Webcasters and retains the language in the current § 380.3(b) except all references to Commercial Webcasters have been deleted. VerDate Nov<24>2008 13:33 Dec 22, 2009 Jkt 220001 (b) Minimum fee—(1) Commercial Webcasters. Each Commercial Webcaster will pay an annual, nonrefundable minimum fee of $500 for each calendar year or part of a calendar year of the period 2006–2010 during which it is a Licensee pursuant to 17 U.S.C. 112(e) or 114. This annual minimum fee is payable for each individual channel and each individual station maintained by Commercial Webcasters, and is also payable for each individual Side Channel maintained by Broadcasters who are Commercial Webcasters, provided that a Commercial Webcaster shall not be required to pay more than $50,000 per calendar year in minimum fees in the aggregate (for 100 or more channels or stations). The minimum fee payable under 17 U.S.C. 112 is deemed to be included within the minimum fee payable under 17 U.S.C. 114. Upon payment of the minimum fee, the Commercial Webcaster will receive a credit in the amount of the minimum fee against any royalty fees payable in the same calendar year. (2) Noncommercial Webcasters. Each Noncommercial Webcaster will pay an annual, nonrefundable minimum fee of $500 for each calendar year or part of a calendar year of the license period during which they are Licensees pursuant to licenses under 17 U.S.C. 114. This annual minimum fee is payable for each individual channel and each individual station maintained by Noncommercial Webcasters and is also payable for each individual Side Channel maintained by Broadcasters who are Licensees. The minimum fee payable under 17 U.S.C. 112 is deemed to be included within the minimum fee payable under 17 U.S.C. 114. Upon payment of the minimum fee, the Licensee will receive a credit in the amount of the minimum fee against any additional royalty fees payable in the same calendar year. Dated: December 18, 2009. James Scott Sledge, Chief U.S. Copyright Royalty Judge. [FR Doc. E9–30572 Filed 12–22–09; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 156 [EPA–HQ–OPP–2009–0635; FRL–8803–3] RIN 2070–AJ62 Public Availability of Identities of Inert Ingredients in Pesticides AGENCY: Environmental Protection Agency (EPA). PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 68215 ACTION: Advance notice of proposed rulemaking. SUMMARY: In response to two petitions seeking disclosure of selected inert ingredients on pesticide labels, based on hazard, EPA is initiating rulemaking to increase public availability of the identities of the inert ingredients in pesticide products. This action would assist consumers and users of pesticides in making informed decisions and reduce the presence of potentially hazardous ingredients in pesticides. DATES: Comments must be received on or before February 22, 2010. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2009–0635, by one of the following methods: • Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments. • Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. • Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the Docket Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305–5805. Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2009– 0635. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line 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 regulations.gov or email. The regulations.gov website 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 regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an E:\FR\FM\23DEP1.SGM 23DEP1

Agencies

[Federal Register Volume 74, Number 245 (Wednesday, December 23, 2009)]
[Proposed Rules]
[Pages 68214-68215]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-30572]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 380

[Docket No. 2005-1 CRB DTRA]


Digital Performance Right in Sound Recordings and Ephemeral 
Recordings

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Copyright Royalty Judges are publishing for comment 
proposed regulations governing the statutory minimum fees to be paid by 
Commercial Webcasters under two statutory licenses, permitting certain 
digital performances of sound recordings and the making of ephemeral 
recordings, for the period beginning January 1, 2006, and ending on 
December 31, 2010.

DATES: Comments and objections, if any, are due by no later than 
January 22, 2010.

ADDRESSES: Comments and objections may be sent electronically to 
crb@loc.gov. In the alternative, send an original, five copies and an 
electronic copy on a CD either by mail or hand delivery. Please do not 
use multiple means of transmission. Comments and objections may not be 
delivered by an overnight delivery service other than U.S. Postal 
Service Express Mail. If by mail (including overnight delivery), 
comments and objections must be addressed to: Copyright Royalty Board, 
P.O. Box 70977, Washington, DC 20024-0977. If hand delivered by a 
private party, comments and objections must be brought to the Copyright 
Office Public Information Office, Library of Congress, James Madison 
Memorial Building, Room LM-401, 101 Independence Avenue, SE., 
Washington, DC 20559-6000, between 8:30 a.m. and 5 p.m. If delivered by 
a commercial courier, comments and objections must be delivered between 
8:30 a.m. and 4 p.m. to the Congressional Courier Acceptance Site 
located at 2nd and D Street, NE., Washington, DC, and the envelope must 
be addressed as follows: Copyright Royalty Board, Library of Congress, 
James Madison Memorial Building, Room LM-403, 101 Independence Avenue, 
SE., Washington, DC 20559-0600.

FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or 
Gina Giuffreda, Attorney Advisor, by telephone at (202) 707-7658 or by 
e-mail at crb@loc.gov.

SUPPLEMENTARY INFORMATION:

Background

    On May 1, 2007, the Copyright Royalty Judges published in the 
Federal Register their determination of royalty rates and terms under 
the statutory licenses under Sections 112(e) and 114 of the Copyright 
Act for the period 2006 through 2010 for a digital public performance 
of sound recordings by means of an eligible nonsubscription 
transmission or a transmission by a new subscription service. 72 FR 
24084. In Intercollegiate Broadcast System, Inc.v. Copyright Royalty 
Board, 574 F.3d 748 (D.C. Cir. 2009), the United States Court of 
Appeals for the District of Columbia Circuit affirmed the Judges' 
determination in the main but remanded to the Judges the matter of 
setting the minimum fee to be paid by both Commercial Webcasters and 
Noncommercial Webcasters under

[[Page 68215]]

Sections 112(e) and 114 of the Copyright Act. Id. at 762, 767. By order 
dated October 23, 2009, the Judges established a period commencing 
November 2, 2009, and concluding on December 2, 2009, for the parties 
to negotiate and submit a settlement of the minimum fee issue that was 
the subject of the remand. On December 2, 2009, SoundExchange, Inc. and 
the Digital Media Association (``DiMA'') submitted a settlement 
regarding the statutory minimum fee to be paid by Commercial 
Webcasters.\1\ Having received such a settlement, the Judges now 
publish for comment the proposed change in the rule that is necessary 
to implement that settlement pursuant to order of remand from the 
United States Court of Appeals for the District of Columbia Circuit.
---------------------------------------------------------------------------

    \1\ Since the settlement does not include Noncommercial 
Webcasters, the Judges, on remand of the DC Circuit, will determine 
the minimum fee for Noncommercial Webcasters pursuant to the October 
23, 2009, order. See Order Regarding Conduct and Scheduling of the 
Remand Proceeding, Docket No. 2005-1 CRB DTRA (October 23, 2009); 
see also Order Denying in Part and Granting in Part Joint Motion to 
Modify Scheduling Order, Docket No. 2005-1 CRB DTRA December 23, 
2009. The Judges note that the proposed change is to Sec.  380.3(b), 
which currently addresses the minimum fee for Commercial and 
Noncommercial Webcasters in a single paragraph. For sake of clarity, 
the Judges have proposed a new Sec.  380.3(b)(1), which sets forth 
the proposed minimum fee for Commercial Webcasters per the 
settlement between SoundExchange and DiMA and a new Sec.  
380.3(b)(2), which sets forth the minimum fee for Noncommercial 
Webcasters and retains the language in the current Sec.  380.3(b) 
except all references to Commercial Webcasters have been deleted.
---------------------------------------------------------------------------

List of Subjects in 37 CFR Part 380

    Copyright, Sound recordings.

Proposed Regulations

    For the reasons set forth in the preamble, the Copyright Royalty 
Judges propose to amend part 380 of title 37 of the Code of Federal 
Regulations as follows:

PART 380--RATES AND TERMS FOR CERTAIN ELIGIBLE NONSUBSCRIPTION 
TRANSMISSIONS, NEW SUBSCRIPTION SERVICES AND THE MAKING OF 
EPHEMERAL REPRODUCTIONS

    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 380.3 is amended by revising paragraph (b) to read as 
follows:


Sec.  380.3  Royalty fees for the public performance of sound 
recordings and for ephemeral recording.

* * * * *
    (b) Minimum fee--(1) Commercial Webcasters. Each Commercial 
Webcaster will pay an annual, nonrefundable minimum fee of $500 for 
each calendar year or part of a calendar year of the period 2006-2010 
during which it is a Licensee pursuant to 17 U.S.C. 112(e) or 114. This 
annual minimum fee is payable for each individual channel and each 
individual station maintained by Commercial Webcasters, and is also 
payable for each individual Side Channel maintained by Broadcasters who 
are Commercial Webcasters, provided that a Commercial Webcaster shall 
not be required to pay more than $50,000 per calendar year in minimum 
fees in the aggregate (for 100 or more channels or stations). The 
minimum fee payable under 17 U.S.C. 112 is deemed to be included within 
the minimum fee payable under 17 U.S.C. 114. Upon payment of the 
minimum fee, the Commercial Webcaster will receive a credit in the 
amount of the minimum fee against any royalty fees payable in the same 
calendar year.
    (2) Noncommercial Webcasters. Each Noncommercial Webcaster will pay 
an annual, nonrefundable minimum fee of $500 for each calendar year or 
part of a calendar year of the license period during which they are 
Licensees pursuant to licenses under 17 U.S.C. 114. This annual minimum 
fee is payable for each individual channel and each individual station 
maintained by Noncommercial Webcasters and is also payable for each 
individual Side Channel maintained by Broadcasters who are Licensees. 
The minimum fee payable under 17 U.S.C. 112 is deemed to be included 
within the minimum fee payable under 17 U.S.C. 114. Upon payment of the 
minimum fee, the Licensee will receive a credit in the amount of the 
minimum fee against any additional royalty fees payable in the same 
calendar year.

    Dated: December 18, 2009.
James Scott Sledge,
Chief U.S. Copyright Royalty Judge.
[FR Doc. E9-30572 Filed 12-22-09; 8:45 am]
BILLING CODE 1410-72-P