Review and Approval of Projects, 15909-15910 [2014-06323]
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15909
Rules and Regulations
Federal Register
Vol. 79, No. 56
Monday, March 24, 2014
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
SUSQUEHANNA RIVER BASIN
COMMISSION
18 CFR Part 806
Review and Approval of Projects
Susquehanna River Basin
Commission.
ACTION: Final rule.
AGENCY:
This document contains final
rules that would amend the project
review regulations of the Susquehanna
River Basin Commission (Commission)
to modify provisions relating to the
issuance of emergency certificates by
the Executive Director.
DATES: Effective June 1, 2014.
ADDRESSES: Susquehanna River Basin
Commission, 4423 North Front Street,
Harrisburg, PA 17110–1788.
FOR FURTHER INFORMATION CONTACT:
Richard A. Cairo, General Counsel,
telephone: 717–238–0423, ext. 1306;
fax: 717–238–2436; email: rcairo@
srbc.net. Also, for further information
on the final rulemaking, visit the
Commission’s Web site at www.srbc.net.
SUPPLEMENTARY INFORMATION:
WREIER-AVILES on DSK5TPTVN1PROD with RULES
SUMMARY:
Comments and Responses to Proposed
Rulemaking
Notice of proposed rulemaking was
published in the Federal Register on
December 26, 2012 (77 FR 75915); the
New York Register on January 2, 2013;
the Pennsylvania Bulletin on February
2, 2013; and the Maryland Register on
January 11, 2013. The Commission
convened a public hearing on February
14, 2013, in Harrisburg, Pennsylvania
and a written comment period was held
open through February 25, 2013. In
addition to proposing modifications to
18 CFR 806.34, the Commission
regulation authorizing the issuance of
emergency certificates, the proposed
rulemaking also advanced a new
provision to include in the
Commission’s project review regulations
VerDate Mar<15>2010
13:35 Mar 21, 2014
Jkt 232001
that would impose limitations on
surface and groundwater withdrawals in
headwater areas. The Commission
received numerous comments on the
headwaters proposal. The Commission
continues to evaluate those comments
and will make an appropriate
determination at a future date.
Meanwhile, however, for the reasons
articulated in the proposed rulemaking
notice, the Commission is now
proceeding with finalization of the
provision in the proposed rulemaking
related to the issuance of emergency
certificates under 18 CFR 806.34.
The two main comments received on
the proposed modifications to the
emergency regulation were as follows:
1. The criteria for issuance of an
emergency certificate should not be
limited to human health and safety, or
that of livestock, but should include all
animal, aquaculture, agronomic, and
horticultural operations for the
production of fiber or forage crops.
2. Preservation of employment should
be an additional consideration in the
issuance of an emergency certificate.
The Commission has made revisions
to the final rules in response to these
comments, by including the protection
of food, fiber or forage crops and the
avoidance of significant disruptions in
employment as eligible criteria.
List of Subjects in 18 CFR Part 806
Administrative practice and
procedure, Water resources.
Accordingly, for the reasons set forth
in the preamble, the Susquehanna River
Basin Commission amends 18 CFR part
806 as follows:
PART 806—REVIEW AND APPROVAL
OF PROJECTS
1. The authority citation for Part 806
continues to read as follows:
■
Authority: Secs. 3.4, 3.5(5), 3.8, 3.10 and
15.2, Pub. L. 91–575, 84 Stat. 1509 et seq.
Subpart D—Terms and Conditions of
Approval
2. In § 806.34, revise paragraphs (a),
(b) introductory text, (b)(2) introductory
text, and (b)(2)(iii) to read as follows:
■
§ 806.34
Emergencies.
(a) Emergency certificates. The other
requirements of these regulations
notwithstanding, in the event of an
emergency requiring immediate action
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
to protect the public health, safety and
welfare or to avoid substantial and
irreparable injury to any person,
property, or water resources when
circumstances do not permit a review
and determination in the regular course
of the regulations in this part, the
Executive Director, with the
concurrence of the chairperson of the
Commission and the commissioner from
the affected member state, may issue an
emergency certificate authorizing a
project sponsor to take such action as
the Executive Director may deem
necessary and proper in the
circumstances, pending review and
determination by the Commission as
otherwise required by this part. In the
exercise of such authority, consideration
should be given to actions deemed
necessary to sustain human life, health
and safety, or that of livestock or food,
fiber or forage crops, the maintenance of
electric system reliability to serve such
needs, to avoid significant disruption of
employment, or any other such
priorities that the Commission may
establish from time to time utilizing its
authority under Section 11.4 of the
Compact related to drought
emergencies.
(b) Notification and application. A
project sponsor shall notify the
Commission, prior to commencement of
the project, that an emergency certificate
is needed. In the case of a project
operating under an existing Commission
approval seeking emergency approval to
modify, waive or partially waive one or
more conditions of such approval,
notice shall be provided to the
Commission prior to initiating the
operational changes associated with the
request. If immediate action, as defined
by this section, is required by a project
sponsor and prior notice to the
Commission is not possible, then the
project sponsor must contact the
Commission within one (1) business day
of the action. Notification may be by
certified mail, facsimile, telegram,
mailgram, electronic mail or other form
of written communication. This
notification must be followed within
one (1) business day by submission of
the following:
*
*
*
*
*
(2) At a minimum, the application
shall contain:
*
*
*
*
*
(iii) Location map and schematic of
proposed project, or in the case of a
E:\FR\FM\24MRR1.SGM
24MRR1
15910
Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Rules and Regulations
project operating under an existing
Commission approval, the project
approval reference and a description of
the operational changes requested.
*
*
*
*
*
Dated: March 17, 2014.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2014–06323 Filed 3–21–14; 8:45 am]
BILLING CODE 7040–01–P
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Parts 201 and 203
[Docket No. 2012–1]
Copyright Office Fees: Registration,
Recordation and Related Services;
Special Services; Licensing Division
Services; FOIA Services
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
The United States Copyright
Office of the Library of Congress is
publishing a final rule establishing
adjusted fees for its services. The
adjusted fees will recover a significant
part of the costs to the Office of
registering copyright claims and provide
greater cost recovery for certain other
services provided by the Office. The
new fee schedule reflects some
increased and decreased fees, as well as
some fees that the Office determined did
not require adjustment. Under the new
fee structure, the fee for online
registration of a standard claim will
increase from $35 to $55. However, a
new online registration option for single
works by single authors that are not
works made for hire has been
introduced at a lower fee of $35. In
addition to fees for registration, related
services, and special services, this final
rule establishes updated fees for FOIArelated services.
DATES: This rule is effective May 1,
2014.
SUMMARY:
WREIER-AVILES on DSK5TPTVN1PROD with RULES
FOR FURTHER INFORMATION CONTACT:
Jacqueline C. Charlesworth, General
Counsel and Associate Register of
Copyrights, or Chris Weston, AttorneyAdvisor, Office of the General Counsel,
at the U.S. Copyright Office, Copyright
GC/I&R, P.O. Box 70400, Washington,
DC 20024. Telephone: (202) 707–8350.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule adjusts Copyright
Office fees in accordance with the
VerDate Mar<15>2010
13:35 Mar 21, 2014
Jkt 232001
applicable provisions of title 17, United
States Code (the ‘‘Copyright Act’’ or
‘‘Act’’). While some of the Office’s
services are free to the public—
including the Public Information
Office’s provision of valuable guidance
on copyright registration and other
issues—the Office does charge fees for
many of its services.1 The Copyright Act
provides that the Register of Copyrights
may adjust the Office’s fees based on a
study of its costs for administering the
registration of claims and recordation of
documents and the provision of other
services.2 Since the Act was amended to
provide for these adjustments, the Office
has undertaken fee studies every several
years and made changes accordingly.
The Office last adjusted its fees in
2009.3
Section 708(a) of the Act specifies that
‘‘[f]ees shall be paid to Register of
Copyrights’’ for the following services:
(1) Filing an application under Section
408 for registration of a copyright
claim or for a supplementary
registration, including the issuance
of a certificate of registration if
registration is made
(2) Filing an application for registration
of a claim for renewal of a
subsisting copyright, including the
issuance of a certificate of
registration if registration is made
(3) Issuing a receipt for a deposit under
Section 407
(4) Recording a transfer of copyright
ownership or other document
(5) Filing a notice of intention to obtain
a compulsory license under Section
115(b)
(6) Recording a statement revealing the
identity of an author of an
anonymous or pseudonymous
work, or recording a statement
relating to the death of an author
(7) Issuing an additional certificate of
registration
(8) Issuing any other certification
(9) Making and reporting of a search,
and any related services
(10) Filing a statement of account based
on secondary transmissions of
1 See
17 U.S.C. 708.
17 U.S.C. 708(b).
3 Fees, 74 FR 32805 (U.S. Copyright Office July 9,
2009). In 1997, Congress created a new fee system
allowing the Office to set all of its fees by regulation
rather than in the statute. An Act to make technical
amendments to certain provisions of title 17, United
States Code, Public Law 105–80, 111 Stat. 1529
(1997). Before then, Congress itself set the fees for
certain basic copyright services, including
registration and recordation (often referred to as
‘‘statutory fees’’) and the Register set the fees for
other special services by regulation. In enacting
statutory copyright fees, Congress considered a
number of criteria, including the cost of providing
the service, the value of the service to the Library
of Congress, and the benefit of the service to the
general public.
2 See
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
primary transmissions pursuant to
Sections 119 and 122
(11) Filing a statement of account based
on secondary transmissions of
primary transmissions pursuant to
Section 111
In addition, Section 708(a) authorizes
the Register to fix fees for other services,
such as the cost of preparing copies of
Office records.
Section 708 contemplates two
different fee-setting mechanisms. Fees
for the services described in (1) through
(9) above—which include the Office’s
registration and recordation functions
and thus reflect especially important
public policy objectives—are to be set
forth in a proposed schedule that is sent
to Congress 120 days before the adjusted
fees can take effect.4 Other fees,
including those for the filing of cable
and satellite statements of account
under (10) and (11) and additional
Office services, are not submitted to
Congress but instead are established by
the Register of Copyrights based on the
Office’s costs.5
Before proposing new fees for the
services enumerated in (1) through (9),
the Register must conduct a study of the
Office’s costs for registering claims,
recording documents, and providing
other services, and must consider the
timing of any fee adjustments and the
Office’s authority to use the fees
consistent with the Office’s budget.6
Section 708(b) further provides that the
Register may adjust these fees to ‘‘not
more than necessary to cover the
4 17 U.S.C. 708(b). The Register sent the proposed
schedule to Congress on November 14, 2013. It is
available at https://www.copyright.gov/docs/
newfees/USCOFeeStudy-Nov13.pdf.
5 Id. section 708(a). With the 2010 enactment of
the Satellite Television Extension and Localism Act
of 2010, Public Law 111–175, 124 Stat. 1218 (2010)
(codified in Sections 111, 119, and 122 of title 17)
(‘‘STELA’’), Congress for the first time authorized
the Office to charge fees to licensees for the Office’s
processing of cable and satellite statements of
account under the Section 111, 119, and 122
statutory licenses. Such fees are to be ‘‘reasonable
and may not exceed one-half of the cost necessary
to cover reasonable expenses incurred by the
Copyright Office for the collection and
administration of the statements of account and any
royalty fees deposited with such statements.’’ 17
U.S.C. 708(a). To implement STELA, the Office
conducted a study of its costs in relation to the
filing of cable and satellite statements and solicited
input from stakeholders on proposed fees through
a notice and comment proceeding. See Copyright
Office Fees, 77 FR 18742 (Mar. 28, 2012); Copyright
Office Fees, 77 FR 72788 (Dec. 6, 2012), both
available at https://www.copyright.gov/docs/
newfees/. As noted above, the STELA fees are not
required to be submitted to Congress. In November
2013, the Office issued a final rule establishing
filing fees under STELA. See Copyright Office Fees:
Cable and Satellite Statement of Account Fees, 78
FR 71498 (Nov. 29, 2013) (to be codified at 37 CFR
pt. 201), available at https://www.copyright.gov/
docs/newfees/.
6 17 U.S.C. 708(b)(1).
E:\FR\FM\24MRR1.SGM
24MRR1
]]>Agencies
[Federal Register Volume 79, Number 56 (Monday, March 24, 2014)]
[Rules and Regulations]
[Pages 15909-15910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06323]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 79, No. 56 / Monday, March 24, 2014 / Rules
and Regulations
[[Page 15909]]
SUSQUEHANNA RIVER BASIN COMMISSION
18 CFR Part 806
Review and Approval of Projects
AGENCY: Susquehanna River Basin Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document contains final rules that would amend the
project review regulations of the Susquehanna River Basin Commission
(Commission) to modify provisions relating to the issuance of emergency
certificates by the Executive Director.
DATES: Effective June 1, 2014.
ADDRESSES: Susquehanna River Basin Commission, 4423 North Front Street,
Harrisburg, PA 17110-1788.
FOR FURTHER INFORMATION CONTACT: Richard A. Cairo, General Counsel,
telephone: 717-238-0423, ext. 1306; fax: 717-238-2436; email:
rcairo@srbc.net. Also, for further information on the final rulemaking,
visit the Commission's Web site at www.srbc.net.
SUPPLEMENTARY INFORMATION:
Comments and Responses to Proposed Rulemaking
Notice of proposed rulemaking was published in the Federal Register
on December 26, 2012 (77 FR 75915); the New York Register on January 2,
2013; the Pennsylvania Bulletin on February 2, 2013; and the Maryland
Register on January 11, 2013. The Commission convened a public hearing
on February 14, 2013, in Harrisburg, Pennsylvania and a written comment
period was held open through February 25, 2013. In addition to
proposing modifications to 18 CFR 806.34, the Commission regulation
authorizing the issuance of emergency certificates, the proposed
rulemaking also advanced a new provision to include in the Commission's
project review regulations that would impose limitations on surface and
groundwater withdrawals in headwater areas. The Commission received
numerous comments on the headwaters proposal. The Commission continues
to evaluate those comments and will make an appropriate determination
at a future date. Meanwhile, however, for the reasons articulated in
the proposed rulemaking notice, the Commission is now proceeding with
finalization of the provision in the proposed rulemaking related to the
issuance of emergency certificates under 18 CFR 806.34.
The two main comments received on the proposed modifications to the
emergency regulation were as follows:
1. The criteria for issuance of an emergency certificate should not
be limited to human health and safety, or that of livestock, but should
include all animal, aquaculture, agronomic, and horticultural
operations for the production of fiber or forage crops.
2. Preservation of employment should be an additional consideration
in the issuance of an emergency certificate.
The Commission has made revisions to the final rules in response to
these comments, by including the protection of food, fiber or forage
crops and the avoidance of significant disruptions in employment as
eligible criteria.
List of Subjects in 18 CFR Part 806
Administrative practice and procedure, Water resources.
Accordingly, for the reasons set forth in the preamble, the
Susquehanna River Basin Commission amends 18 CFR part 806 as follows:
PART 806--REVIEW AND APPROVAL OF PROJECTS
0
1. The authority citation for Part 806 continues to read as follows:
Authority: Secs. 3.4, 3.5(5), 3.8, 3.10 and 15.2, Pub. L. 91-
575, 84 Stat. 1509 et seq.
Subpart D--Terms and Conditions of Approval
0
2. In Sec. 806.34, revise paragraphs (a), (b) introductory text,
(b)(2) introductory text, and (b)(2)(iii) to read as follows:
Sec. 806.34 Emergencies.
(a) Emergency certificates. The other requirements of these
regulations notwithstanding, in the event of an emergency requiring
immediate action to protect the public health, safety and welfare or to
avoid substantial and irreparable injury to any person, property, or
water resources when circumstances do not permit a review and
determination in the regular course of the regulations in this part,
the Executive Director, with the concurrence of the chairperson of the
Commission and the commissioner from the affected member state, may
issue an emergency certificate authorizing a project sponsor to take
such action as the Executive Director may deem necessary and proper in
the circumstances, pending review and determination by the Commission
as otherwise required by this part. In the exercise of such authority,
consideration should be given to actions deemed necessary to sustain
human life, health and safety, or that of livestock or food, fiber or
forage crops, the maintenance of electric system reliability to serve
such needs, to avoid significant disruption of employment, or any other
such priorities that the Commission may establish from time to time
utilizing its authority under Section 11.4 of the Compact related to
drought emergencies.
(b) Notification and application. A project sponsor shall notify
the Commission, prior to commencement of the project, that an emergency
certificate is needed. In the case of a project operating under an
existing Commission approval seeking emergency approval to modify,
waive or partially waive one or more conditions of such approval,
notice shall be provided to the Commission prior to initiating the
operational changes associated with the request. If immediate action,
as defined by this section, is required by a project sponsor and prior
notice to the Commission is not possible, then the project sponsor must
contact the Commission within one (1) business day of the action.
Notification may be by certified mail, facsimile, telegram, mailgram,
electronic mail or other form of written communication. This
notification must be followed within one (1) business day by submission
of the following:
* * * * *
(2) At a minimum, the application shall contain:
* * * * *
(iii) Location map and schematic of proposed project, or in the
case of a
[[Page 15910]]
project operating under an existing Commission approval, the project
approval reference and a description of the operational changes
requested.
* * * * *
Dated: March 17, 2014.
Stephanie L. Richardson,
Secretary to the Commission.
[FR Doc. 2014-06323 Filed 3-21-14; 8:45 am]
BILLING CODE 7040-01-P
