National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry, 48372-48373 [2016-17292]
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48372
Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Proposed Rules
should apply to ‘‘Subpart A
Configurations made and distributed by
or on behalf of UMG and WMG’’ and,
in the Judges’ discretion, to other
licensees. Motion at 3.
Section 801(b)(7)(A) of the Copyright
Act authorizes the Judges to adopt rates
and terms negotiated by ‘‘some or all of
the participants in a proceeding at any
time during the proceeding’’ provided
they are submitted to the Judges for
approval. This section provides that
Judges shall provide notice and an
opportunity to comment on the
agreement to (1) those that would be
bound and (2) participants in the
proceeding that would be bound by the
terms, rates, or other determination set
by the agreement. See section
801(b)(7)(A). The Judges may decline to
adopt the agreement as a basis for
statutory terms and rates for participants
not party to the agreement if any
participant objects and the Judges
conclude that the agreement does not
provide a reasonable basis for setting
statutory terms or rates. Id.
If the Judges adopt rates and terms
reached pursuant to a negotiated
settlement, those rates and terms are
binding on all copyright owners of
musical works and those using the
musical works in the activities
described in the proposed regulations.
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Proposed Adjustments to Rates and
Terms
In publishing the parties’ proposed
rates and terms, the Judges are making
the requested change in the cross
reference because it is clearly outdated.
The text of the section it refers to merely
says ‘‘reserved.’’ In addition, the Judges
propose adding the dates of the five-year
period to the ‘‘General’’ section in order
to specify the applicable dates of the
rates and terms.
In the event the Judges determine not
to adopt the proposed regulations for all
copyright owners of musical works
licensed under section 115 for the
making or distributing of physical or
digital phonorecords, the parties have
proposed the following revised
definition of licensee 2, which would
make the rates in the partial settlement
applicable only to ‘‘Subpart A
Configurations made and distributed by
or on behalf of [licensees] UMG and
WMG’’:
Licensee is Capitol Christian Music Group,
Inc., Capitol Records, LLC, UMG Recordings,
Inc., Warner Music Inc., any of their
2 The current definition is: ‘‘Licensee is a person
or entity that has obtained a compulsory license
under 17 U.S.C. 115, and the implementing
regulations, to make and distribute phonorecords of
a nondramatic musical work, including by means
of a digital phonorecord delivery.’’ 37 CFR 385.2.
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respective successors, and any entity
controlling, controlled by, or under common
control with any such entity, when it has
obtained a compulsory license under 17
U.S.C. 115, and the implementing
regulations, to make and distribute
phonorecords of a nondramatic musical
work, including by means of a digital
phonorecord delivery.
The Judges solicit comments on
whether they should adopt the proposed
regulations, including the change in the
cross reference, as statutory rates and
terms relating to the making and
distribution of physical or digital
phonorecords of nondramatic musical
works for the participants that
submitted the Motion. In addition, the
Judges seek comment on whether they
should apply the rates and terms in the
partial settlement to all copyright
owners and licensees and whether they
should specify the five-year period in
the regulation.
Comments and objections must be
submitted no later than August 24,
2016.
PART 385—RATES AND TERMS FOR
USE OF MUSICAL WORKS UNDER
COMPULSORY LICENSE FOR MAKING
AND DISTRIBUTING OF PHYSICAL
AND DIGITAL PHONORECORDS
1. The authority citation for part 385
continues to read as follows:
■
Authority: 17 U.S.C. 115, 801(b)(1),
804(b)(4).
§ 385.1
[Amended]
2. Section 385.1(a) is amended by
adding ‘‘, during the period January 1,
2018, through December 31, 2022’’ after
‘‘17 U.S.C. 115’’.
■
§ 385.4
[Amended]
3. Section 385.4 is amended by
removing ‘‘§ 201.19(e)(7)(i)’’ and adding
‘‘§ 210.16(g)(1)’’ in its place.
■
Dated: July 19, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2016–17437 Filed 7–22–16; 8:45 am]
BILLING CODE 1410–72–P
How To Submit Comments
Interested members of the public must
submit comments to only one of the
following addresses. If not commenting
by email or online, commenters must
submit an original of their comments,
five paper copies, and an electronic
version in searchable PDF format on a
CD.
Email: crb@loc.gov; or
Online: https://www.regulations.gov; or
U.S. mail: Copyright Royalty Board,
P.O .Box 70977, Washington, DC 20024–
0977; or
Overnight service (only USPS Express
Mail is acceptable): Copyright Royalty
Board, P.O. Box 70977, Washington, DC
20024–0977; or
Commercial courier: Address package
to: Copyright Royalty Board, Library of
Congress, James Madison Memorial
Building, LM–403, 101 Independence
Avenue SE., Washington, DC 20559–
6000. Deliver to: Congressional Courier
Acceptance Site, 2nd Street NE., and D
Street NE., Washington, DC; or
Hand delivery: Library of Congress,
James Madison Memorial Building, LM–
401, 101 Independence Avenue SE.,
Washington, DC 20559–6000.
List of Subjects in 37 CFR Part 385
Copyright, Phonorecords, Recordings.
Proposed Regulations
For the reasons set forth in the
preamble, the Copyright Royalty Judges
propose to amend 37 CFR part 385 as
follows:
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 63
[EPA–HQ–OAR–2011–0817; FRL–9949–45–
OAR]
RIN 2060–AS98
National Emission Standards for
Hazardous Air Pollutants for the
Portland Cement Manufacturing
Industry
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to amend the
National Emission Standards for
Hazardous Air Pollutants for the
Portland Cement Manufacturing
Industry. In the ‘‘Rules and
Regulations’’ section of this Federal
Register, we are publishing a direct final
rule, without a prior proposed rule, that
corrects an inadvertent error and
temporarily revises the testing and
monitoring requirements for
hydrochloric acid (HCl) due to the
current unavailability of a calibration
gas used for quality assurance purposes.
If we receive no adverse comment, we
will not take further action on this
proposed rule.
DATES: Written comments must be
received by August 24, 2016.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SUMMARY:
E:\FR\FM\25JYP1.SGM
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Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Proposed Rules
OAR–2011–0817, to the Federal
eRulemaking Portal: https://
www.regulations.gov.
Follow the online instructions for
submitting comments. Once submitted,
comments cannot be edited or
withdrawn. The EPA may publish any
comment received to its public docket.
Do not submit electronically any
information you consider to be
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the Web, Cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets.
Ms.
Sharon Nizich, Sector Policies and
Programs Division (D243–02), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
2825; fax number: (919) 541–5450; and
email address: nizich.sharon@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
mstockstill on DSK3G9T082PROD with PROPOSALS
I. Why is the EPA issuing this proposed
rule?
This document proposes to take
action on amendments to the National
Emission Standards for Hazardous
Pollutants for the Portland Cement
Manufacturing Industry. We have
published a direct final rule to amend
40 CFR part 63, subpart LLL by
correcting an inadvertent error and
revising the testing and monitoring
requirements for HCl in the ‘‘Rules and
Regulations’’ section of this Federal
Register because we view this as a
noncontroversial action and anticipate
no adverse comment. We have
explained our reasons for this action in
the preamble to the direct final rule.
If we receive no adverse comment, we
will not take further action on this
proposed rule. If we receive adverse
comment on a distinct portion of the
direct final rule, we will withdraw that
portion of the rule and it will not take
effect. In this instance, we would
address all public comments in any
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16:11 Jul 22, 2016
Jkt 238001
subsequent final rule based on this
proposed rule.
If we receive adverse comment on a
distinct provision of the direct final
rule, we will publish a timely
withdrawal in the Federal Register
indicating which provisions we are
withdrawing. The provisions that are
not withdrawn will become effective on
the date set out in the direct final rule,
notwithstanding adverse comment on
any other provision. We do not intend
to institute a second comment period on
this action. Any parties interested in
commenting must do so at this time.
The regulatory text for this proposal is
identical to that for the direct final rule
published in the ‘‘Rules and
Regulations’’ section of this Federal
Register. For further supplementary
information, the detailed rationale for
this proposal and the regulatory
revisions, see the direct final rule
published in the ‘‘Rules and
Regulations’’ section of this Federal
Register.
48373
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 171
[EPA–HQ–OPP–2011–0183; FRL–9947–75]
RIN 2070–AJ20
Notification of Submission to the
Secretary of Agriculture; Pesticides;
Certification of Pesticide Applicators
Environmental Protection
Agency (EPA).
ACTION: Notification of submission to
the Secretary of Agriculture.
AGENCY:
This document notifies the
public as required by the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA) that the EPA Administrator
has forwarded to the Secretary of the
United States Department of Agriculture
(USDA) a draft regulatory document
concerning the certification of pesticide
applicators rule revisions. The draft
regulatory document is not available to
the public until after it has been signed
and made available by EPA.
DATES: See Unit I. under SUPPLEMENTARY
II. Does this action apply to me?
INFORMATION.
Categories and entities potentially
ADDRESSES: The docket for this action,
regulated by this proposed rule include: identified by docket identification (ID)
number EPA–HQ–OPP–2011–0183, is
NAICS available at https://www.regulations.gov
Category
Code 1
or at the Office of Pesticide Programs
Regulatory Docket (OPP Docket) in the
Portland cement manufacturing facilities ............................................ 327310 Environmental Protection Agency
Docket Center (EPA/DC), West William
1 North
American Industry Classification Jefferson Clinton Bldg., Rm. 3334, 1301
System.
Constitution Ave. NW., Washington, DC
20460–0001. The Public Reading Room
This table is not intended to be
is open from 8:30 a.m. to 4:30 p.m.,
exhaustive, but rather provides a guide
for readers regarding entities likely to be Monday through Friday, excluding legal
holidays. The telephone number for the
regulated by this proposed rule. To
Public Reading Room is (202) 566–1744,
determine whether your facility is
and the telephone number for the OPP
affected, you should examine the
Docket is (703) 305–5805. Please review
applicability criteria in 40 CFR 63.1340. the visitor instructions and additional
If you have any questions regarding the
information about the docket available
applicability of any aspect of this this
at https://www.epa.gov/dockets.
action to a particular entity, consult
FOR FURTHER INFORMATION CONTACT:
either the air permitting authority for
Michelle Arling, Field and External
the entity or your EPA Regional
Affairs Division (7506P), Office of
representative as listed in 40 CFR 63.13. Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania
III. Statutory and Executive Orders
Ave. NW., Washington, DC 20460–0001;
telephone number: (703) 308–5891;
For a complete discussion of the
email address: arling.michelle@epa.gov.
administrative requirements applicable
to this action, see the direct final rule in SUPPLEMENTARY INFORMATION:
the ‘‘Rules and Regulations’’ section of
I. What action is EPA taking?
this Federal Register.
Section 25(a)(2)(B) of FIFRA requires
Dated: July 14, 2016.
the EPA Administrator to provide the
Gina McCarthy,
Secretary of USDA with a copy of any
Administrator.
draft final rule at least 30 days before
signing it in final form for publication
[FR Doc. 2016–17292 Filed 7–22–16; 8:45 am]
in the Federal Register. The draft final
BILLING CODE 6560–50–P
rule is not available to the public until
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SUMMARY:
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Agencies
[Federal Register Volume 81, Number 142 (Monday, July 25, 2016)]
[Proposed Rules]
[Pages 48372-48373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-17292]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[EPA-HQ-OAR-2011-0817; FRL-9949-45-OAR]
RIN 2060-AS98
National Emission Standards for Hazardous Air Pollutants for the
Portland Cement Manufacturing Industry
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
amend the National Emission Standards for Hazardous Air Pollutants for
the Portland Cement Manufacturing Industry. In the ``Rules and
Regulations'' section of this Federal Register, we are publishing a
direct final rule, without a prior proposed rule, that corrects an
inadvertent error and temporarily revises the testing and monitoring
requirements for hydrochloric acid (HCl) due to the current
unavailability of a calibration gas used for quality assurance
purposes. If we receive no adverse comment, we will not take further
action on this proposed rule.
DATES: Written comments must be received by August 24, 2016.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
[[Page 48373]]
OAR-2011-0817, to the Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Once
submitted, comments cannot be edited or withdrawn. The EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, Cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT: Ms. Sharon Nizich, Sector Policies and
Programs Division (D243-02), Office of Air Quality Planning and
Standards, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711; telephone number: (919) 541-2825; fax
number: (919) 541-5450; and email address: nizich.sharon@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Why is the EPA issuing this proposed rule?
This document proposes to take action on amendments to the National
Emission Standards for Hazardous Pollutants for the Portland Cement
Manufacturing Industry. We have published a direct final rule to amend
40 CFR part 63, subpart LLL by correcting an inadvertent error and
revising the testing and monitoring requirements for HCl in the ``Rules
and Regulations'' section of this Federal Register because we view this
as a noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment on a distinct
portion of the direct final rule, we will withdraw that portion of the
rule and it will not take effect. In this instance, we would address
all public comments in any subsequent final rule based on this proposed
rule.
If we receive adverse comment on a distinct provision of the direct
final rule, we will publish a timely withdrawal in the Federal Register
indicating which provisions we are withdrawing. The provisions that are
not withdrawn will become effective on the date set out in the direct
final rule, notwithstanding adverse comment on any other provision. We
do not intend to institute a second comment period on this action. Any
parties interested in commenting must do so at this time.
The regulatory text for this proposal is identical to that for the
direct final rule published in the ``Rules and Regulations'' section of
this Federal Register. For further supplementary information, the
detailed rationale for this proposal and the regulatory revisions, see
the direct final rule published in the ``Rules and Regulations''
section of this Federal Register.
II. Does this action apply to me?
Categories and entities potentially regulated by this proposed rule
include:
------------------------------------------------------------------------
NAICS
Category Code
\1\
------------------------------------------------------------------------
Portland cement manufacturing facilities....................... 327310
------------------------------------------------------------------------
\1\ North American Industry Classification System.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
proposed rule. To determine whether your facility is affected, you
should examine the applicability criteria in 40 CFR 63.1340. If you
have any questions regarding the applicability of any aspect of this
this action to a particular entity, consult either the air permitting
authority for the entity or your EPA Regional representative as listed
in 40 CFR 63.13.
III. Statutory and Executive Orders
For a complete discussion of the administrative requirements
applicable to this action, see the direct final rule in the ``Rules and
Regulations'' section of this Federal Register.
Dated: July 14, 2016.
Gina McCarthy,
Administrator.
[FR Doc. 2016-17292 Filed 7-22-16; 8:45 am]
BILLING CODE 6560-50-P