Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities, 73117-73118 [2015-29862]

Download as PDF Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in E.O. 13132. Also, this rule does not have tribal implications under E.O. 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. If you believe this rule has implications for federalism or Indian tribes, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section above. mstockstill on DSK4VPTVN1PROD with RULES E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969(42 U.S.C. 4321–4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone in force from November 20, 2015 to December 31, 2015, that prohibits entry of vessels in Pea Patch Island Anchorage No. 5 and the upper portion of Reed Point Anchorage No. 3. It is categorically excluded from further review under paragraph 34(g) of Figure 2–1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under ADDRESSES. We seek any VerDate Sep<11>2014 23:14 Nov 23, 2015 Jkt 238001 comments or information that may lead to the discovery of a significant environmental impact from this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 165 Harbors, Marine safety, Navigation (water), Reporting and recordkeeping requirements, Security measures, Waterways. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS 1. The authority citation for part 165 continues to read as follows: ■ Authority: 33 U.S.C 1231; 50 U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Department of Homeland Security Delegation No. 0170.1. 2. Add temporary § 165.T05–1032, to read as follows: ■ § 165.T05–1032 Safety Zone, Delaware River; New Castle, DE (a) Location: The safety zone will include all waters within the boundaries of Pea Patch Island Anchorage No. 5 (as defined in 33 CFR 110.157(a)(6)) and all waters within a portion of Reedy Point South Anchorage No. 3 (as defined in 33 CFR 110.157(a)(4)) north of a line drawn between positions 39°33′7.5″ N, 75°33′2.0″ W and 39°33′8.8″ N, 75°32′31.8″ W, as charted on NOAA chart 12311. These coordinates are based upon North American Datum 83 (NAD 83). (b) Definitions.—(1) The Captain of the Port means the Commander of Sector Delaware Bay or any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port to act on his behalf. (2) Designated representative means any Coast Guard commissioned, warrant or petty officer who has been authorized by the Captain of the Port, Delaware Bay, to assist in enforcing the safety zone described in paragraph (a) of this section. (c) Regulations: The general safety zone regulations found in 33 CFR part 165 subpart C apply to the safety zone created by this section. PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 73117 (1) Entry into, transiting, or anchoring within the safety zone is prohibited unless vessels obtain permission from the Captain of the Port (COTP) or make satisfactory passing arrangements, via VHF–FM channel 16, with the dredge ESSEX per this rule and the Rules of the Road (33 CFR chapter I, subchapter E). (2) To seek permission to transit the safety zone, the Captain of the Port’s representative can be contact via VHF– FM channel 16. (3) Vessels granted permission to transit the safety zone must do so in accordance with the directions provided by the Captain of the Port or his designated representative. (4) No person or vessel may enter or remain in a safety zone without permission from the Captain of the Port; (5) Each person and vessel in a safety zone shall obey any direction or order of the Captain of the Port or his designated representative. (6) At least one side of the main navigational channel will be clear for safe passage of vessels in the vicinity of the safety zone. At no time will the main navigational channel be closed for vessel traffic. Vessels are advised to ensure safety passage by contacting the dredge ESSEX on VHF–FM channel 16 one hour prior to arrival. (7) This section applies to all vessels wishing to transit through the safety zone except vessels that are engaged in the following operations: enforcing laws; servicing aids to navigation, and emergency response vessels. (d) Enforcement officials. The U.S. Coast Guard may be assisted by Federal, State, and local agencies in the patrol and enforcement of the zone. (e) Enforcement period. This rule will be enforced from November 20, 2015, to December 31, 2015, unless cancelled earlier by the Captain of the Port. Dated: November 18, 2015. B.A. Cooper, Captain, U.S. Coast Guard, Captain of the Port Delaware Bay. [FR Doc. 2015–29835 Filed 11–23–15; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 15–CRB–0013–NCEBR–COLA (2016)] Cost of Living Adjustment for Performance of Musical Compositions by Colleges and Universities Copyright Royalty Board, Library of Congress. AGENCY: E:\FR\FM\24NOR1.SGM 24NOR1 73118 ACTION: Federal Register / Vol. 80, No. 226 / Tuesday, November 24, 2015 / Rules and Regulations SESAC—$146 per station—results in an adjusted rate of $149 per station. Final rule. The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2% in the royalty rates that colleges, universities, and other educational institutions not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the SESAC repertory for the statutory license under the Copyright Act for noncommercial broadcasting. SUMMARY: DATES: Effective Date: December 24, 2015. FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, CRB Program Specialist, by telephone at (202) 707–7658 or by email at crb@loc.gov. Section 118 of the Copyright Act, title 17 of the United States Code, creates a statutory license for the use of published nondramatic musical works and published pictorial, graphic, and sculptural works in connection with noncommercial broadcasting. On November 29, 2012, the Copyright Royalty Judges (Judges) adopted final regulations governing the rates and terms of copyright royalty payments under section 118 of the Copyright Act for the license period 2013–2017. See 77 FR 71104. Pursuant to these regulations, on or before December 1 of each year, the Judges shall publish in the Federal Register a notice of the change in the cost of living for the rate codified at § 381.5(c)(3) relating to compositions in the repertory of SESAC. The adjustment, fixed to the nearest dollar, shall be the greater of ‘‘the change in the cost of living as determined by the Consumer Price Index (all 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,’’ or 2%. 37 CFR 381.10. 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, 2014, to the most recent index published before December 1, 2015, is .2%.1 In accordance with 37 CFR 381.10(b), the Judges announce that COLA for calendar year 2016 shall be 2%. Application of the 2% COLA to the current rate for the performance of published nondramatic musical compositions in the repertory of mstockstill on DSK4VPTVN1PROD with RULES SUPPLEMENTARY INFORMATION: 1 On November 17, 2015, the Bureau of Labor Statistics announced that the CPI–U increased .2% over the last 12 months. VerDate Sep<11>2014 23:14 Nov 23, 2015 Jkt 238001 List of Subjects in 37 CFR Part 381 Copyright, Music, Radio, Television, Rates. Final Regulations In consideration of the foregoing, the Judges amend part 381 of title 37 of the Code of Federal Regulations 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 paragraph (c)(3)(iv) to read as follows: ■ § 381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities. * * * * * (c) * * * (3) * * * (iv) 2016: $149 per station. * * * * * Dated: November 18, 2015. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2015–29862 Filed 11–23–15; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 386 [Docket No. 15–CRB–0014–SA–COLA (2016)] Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates Copyright Royalty Board, Library of Congress. ACTION: Final rule. AGENCY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 0% in the royalty rates satellite carriers pay for a compulsory license under the Copyright Act. The COLA is based on the change in the Consumer Price Index from October 2014 to October 2015. DATES: Effective Date: January 1, 2016. SUMMARY: PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 Applicability Dates: These rates are applicable to the period January 1, 2016, through December 31, 2016. FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, CRB Program Specialist, by telephone at (202) 707–7658 or by email at crb@loc.gov. SUPPLEMENTARY INFORMATION: The satellite carrier compulsory license establishes a statutory copyright licensing scheme for the retransmission of distant television programming by satellite carriers. 17 U.S.C. 119. Congress created the license in 1988 and has reauthorized the license for additional five-year periods, most recently with the passage of the STELA Reauthorization Act of 2014, Public Law 113–200. On August 31, 2010, the Copyright Royalty Judges (Judges) adopted rates for the section 119 compulsory license for the 2010–2014 term. See 75 FR 53198. The rates were proposed by Copyright Owners and Satellite Carriers 1 and were unopposed. Id. Section 119(c)(2) of the Copyright Act provides that, effective January 1 of each year, the Judges shall adjust the royalty fee payable under Section 119(b)(1)(B) ‘‘to reflect any changes occurring in the cost of living as determined by the most recent Consumer Price Index (for all consumers and for all items) [CPI–U] published by the Secretary of Labor before December 1 of the preceding year.’’ Section 119 also requires that ‘‘[n]otification of the adjusted fees shall be published in the Federal Register at least 25 days before January 1.’’ 17 U.S.C. 119(c)(2). 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, 2014, to the most recent index published before December 1, 2015, is .2%.2 Application of the .2% COLA to the current rate for the secondary transmission of broadcast stations by satellite carriers for private home viewing—27 cents per subscriber per month—results in an unchanged rate of 27 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(1). Application of the .2% COLA to the current rate for viewing in commercial establishments— 56 cents per subscriber per month— results in an unchanged rate of 56 cents per subscriber per month (rounded to 1 Program Suppliers and Joint Sports Claimants comprised the Copyright Owners while DIRECTV, Inc., DISH Network, LLC, and National Programming Service, LLC, comprised the Satellite Carriers. 2 On November 17, 2015, the Bureau of Labor Statistics announced that the CPI–U increased .2% over the last 12 months. E:\FR\FM\24NOR1.SGM 24NOR1

Agencies

[Federal Register Volume 80, Number 226 (Tuesday, November 24, 2015)]
[Rules and Regulations]
[Pages 73117-73118]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-29862]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 381

[Docket No. 15-CRB-0013-NCEBR-COLA (2016)]


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

AGENCY: Copyright Royalty Board, Library of Congress.

[[Page 73118]]


ACTION: Final rule.

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SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (COLA) of 2% in the royalty rates that colleges, 
universities, and other educational institutions not affiliated with 
National Public Radio pay for the use of published nondramatic musical 
compositions in the SESAC repertory for the statutory license under the 
Copyright Act for noncommercial broadcasting.

DATES: Effective Date: December 24, 2015.

FOR FURTHER INFORMATION CONTACT: LaKeshia Keys, CRB Program Specialist, 
by telephone at (202) 707-7658 or by email at crb@loc.gov.

SUPPLEMENTARY INFORMATION: Section 118 of the Copyright Act, title 17 
of the United States Code, creates a statutory license for the use of 
published nondramatic musical works and published pictorial, graphic, 
and sculptural works in connection with noncommercial broadcasting.
    On November 29, 2012, the Copyright Royalty Judges (Judges) adopted 
final regulations governing the rates and terms of copyright royalty 
payments under section 118 of the Copyright Act for the license period 
2013-2017. See 77 FR 71104. Pursuant to these regulations, on or before 
December 1 of each year, the Judges shall publish in the Federal 
Register a notice of the change in the cost of living for the rate 
codified at Sec.  381.5(c)(3) relating to compositions in the repertory 
of SESAC. The adjustment, fixed to the nearest dollar, shall be the 
greater of ``the change in the cost of living as determined by the 
Consumer Price Index (all 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,'' or 2%. 37 CFR 381.10.
    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, 
2014, to the most recent index published before December 1, 2015, is 
.2%.\1\ In accordance with 37 CFR 381.10(b), the Judges announce that 
COLA for calendar year 2016 shall be 2%. Application of the 2% COLA to 
the current rate for the performance of published nondramatic musical 
compositions in the repertory of SESAC--$146 per station--results in an 
adjusted rate of $149 per station.
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    \1\ On November 17, 2015, the Bureau of Labor Statistics 
announced that the CPI-U increased .2% over the last 12 months.
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List of Subjects in 37 CFR Part 381

    Copyright, Music, Radio, Television, Rates.

Final Regulations

    In consideration of the foregoing, the Judges amend part 381 of 
title 37 of the Code of Federal Regulations 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 paragraph (c)(3)(iv) to read as 
follows:


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

* * * * *
    (c) * * *
    (3) * * *
    (iv) 2016: $149 per station.
* * * * *

    Dated: November 18, 2015.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2015-29862 Filed 11-23-15; 8:45 am]
 BILLING CODE 1410-72-P