Modification and Amendment of Regulations To Conform to the MMA, 55334-55335 [2018-24089]

Download as PDF 55334 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed 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 proposed rule would not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this proposed 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 made a preliminary determination 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 proposed rule involves a safety zone lasting 2 hours that would prohibit entry within a portion of the Washington Channel. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023–01– 001–01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed 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. V. Public Participation and Request for Comments We view public participation as essential to effective rulemaking, and will consider all comments and material received during the comment period. Your comment can help shape the outcome of this rulemaking. If you submit a comment, please include the docket number for this rulemaking, indicate the specific section of this VerDate Sep<11>2014 17:06 Nov 02, 2018 Jkt 247001 document to which each comment applies, and provide a reason for each suggestion or recommendation. We encourage you to submit comments through the Federal eRulemaking Portal at http:// www.regulations.gov. If your material cannot be submitted using http:// www.regulations.gov, contact the person in the FOR FURTHER INFORMATION CONTACT section of this document for alternate instructions. We accept anonymous comments. All comments received will be posted without change to http:// www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http:// www.regulations.gov/privacyNotice. Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that website’s instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published. 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 proposes to amend 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; and; Department of Homeland Security Delegation No. 0170.1. 2. Add § 165.T05–0999 to read as follows: Sector Maryland-National Capital Region. (2) Designated representative means any Coast Guard commissioned, warrant, or petty officer who has been authorized by the Captain of the Port Maryland-National Capital Region to assist in enforcing the safety zone described in paragraph (a) of this section. (c) Regulations. (1) Under the general safety zone regulations in subpart C of this part, you may not enter the safety zone described in paragraph (a) of this section unless authorized by the COTP or the COTP’s designated representative. All vessels underway within this safety zone at the time it is activated are to depart the zone. (2) To seek permission to enter, contact the COTP or the COTP’s designated representative by telephone at 410–576–2693 or on Marine Band Radio VHF–FM channel 16 (156.8 MHz). The Coast Guard vessels enforcing this section can be contacted on Marine Band Radio VHF–FM channel 16 (156.8 MHz). (3) Those in the safety zone must comply with all lawful orders or directions given to them by the COTP or the COTP’s designated representative. (d) Enforcement officials. The U.S. Coast Guard may be assisted in the patrol and enforcement of the safety zone by Federal, State, and local agencies. (e) Enforcement period. This section will be enforced from 7 p.m. to 9 p.m. on December 1, 2018. Dated: October 30, 2018. Joseph B. Loring, Captain, U.S. Coast Guard, Captain of the Port Maryland-National Capital Region. [FR Doc. 2018–24121 Filed 11–2–18; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS ■ § 165.T05–0999 Safety Zone for Fireworks Display, Upper Potomac River, Washington Channel, Washington, DC. (a) Location. The following area is a safety zone: All navigable waters of the Washington Channel within 200 feet of the fireworks barge located within an area bounded on the south by latitude 38°52′30″ W, and bounded on the north by the southern extent of the Francis Case (I–395) Memorial Bridge, located at Washington, DC. All coordinates refer to datum NAD 1983. (b) Definitions. As used in this section: (1) Captain of the Port (COTP) means the Commander, U.S. Coast Guard PO 00000 Frm 00041 Fmt 4702 Sfmt 4702 Copyright Royalty Board 37 CFR Chapter III [Docket No. 18–CRB–0012–RM] Modification and Amendment of Regulations To Conform to the MMA Copyright Royalty Board, Library of Congress. ACTION: Notification of inquiry. AGENCY: The Copyright Royalty Judges (Judges) publish a notice of inquiry regarding necessary and appropriate modifications and amendments to agency regulations following enactment of a new law regarding the music industry. SUMMARY: E:\FR\FM\05NOP1.SGM 05NOP1 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules Comments and proposals, if any, are due no later than November 26, 2018. DATES: You may submit comments and proposals, identified by docket number 18–CRB–0012–RM, by any of the following methods: CRB’s electronic filing application: Submit comments and proposals online in eCRB at https://app.crb.gov/. 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. Instructions: Unless submitting online, commenters must submit an original, two paper copies, and an electronic version on a CD. All submissions must include a reference to the CRB and this docket number. All submissions will be posted without change to eCRB at https://app.crb.gov/ including any personal information provided. Docket: For access to the docket to read submitted background documents or comments, go to eCRB, the Copyright Royalty Board’s electronic filing and case management system, at https:// app.crb.gov/ and search for docket number 18–CRB–0012–RM. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by telephone at (202) 707–7658 or email at crb@loc.gov. SUPPLEMENTARY INFORMATION: ADDRESSES: Background The Orrin G. Hatch-Bob Goodlatte Music Modernization Act, Public Law 115–264, 132 Stat. 3676 (Oct. 11, 2018) (MMA), implements changes in administration of copyright royalties relating to the music industry. The most sweeping changes relate to the copyrights of songwriters and publishers of nondramatic musical works. Prior to enactment of the MMA, section 115 of title 17 (Copyright Act) detailed procedures for administration of the compulsory license (also known as the ‘‘mechanical’’ compulsory license) to reproduce and distribute, including by digital transmissions, VerDate Sep<11>2014 17:06 Nov 02, 2018 Jkt 247001 phonorecords embodying copyrighted musical works. Chapter 8 of the Copyright Act requires the Copyright Royalty Judges (Judges) to conduct proceedings every five years to determine the rates and terms for the section 115 license. See 17 U.S.C. 801(b)(1), 804(b)(4). In the MMA, Congress authorized designation of an entity, the Mechanical License Collective (MLC) to serve as a clearinghouse for collection and distribution of royalties and to develop a comprehensive database to ensure efficient and appropriate payment and distribution of those royalties. Creation of the MLC and the other statutory changes in the MMA requires or authorizes modification of the Judges’ regulations relating to section 115. For example, section 102(d) of the MMA requires the Judges, not later than 270 days after enactment of the MMA, to amend part 385 of 37, Code of Federal Regulations (CFR) ‘‘to conform the definitions used in such part to the definitions of the same terms described in section 115(e) of title 17, United States Code, as added by’’ section 102(a) of the MMA. That provision also directs the Judges to ‘‘make adjustments to the language of the regulations as necessary to achieve the same purpose and effect as the original regulations with respect to the rates and terms previously adopted by the [Judges].’’ In addition, the MMA authorizes the Judges to adopt regulations concerning proceedings to set the administrative assessment established by the statute to fund the MLC. 17 U.S.C. 115(d)(7)(D)(viii), 115(d)(12)(A). The MMA also adds a new section 801(b)(8) to the Copyright Act, which authorizes the Judges ‘‘to determine the administrative assessment to be paid by digital music providers under section 115(d)’’ but states that ‘‘[t]he provisions of section 115(d) shall apply to the conduct of proceedings by the [Judges] under section 115(d) and not the procedures in this section, or section 803, 804, or 805.’’ The Judges seek input from persons and entities who reasonably believe they have a significant interest in the content of necessary or appropriate changes to the regulations in chapter III, title 37, Code of Federal Regulations (CFR). The Judges also seek input from persons and entities who reasonably believe they have a significant interest in interpreting and applying the changes the MMA purports to make to chapter 8 of the Copyright Act. Specifically, but not exclusively, the Judges seek comments regarding the following questions. PO 00000 Frm 00042 Fmt 4702 Sfmt 4702 55335 (1) What regulations in chapter III, title 37 CFR, if any, must be changed and how? (2) What regulations in chapter III, title 37 CFR, if any, should be changed and how? (3) What effect, if any, does the new language in subparagraph 8 of section 801(b) have on the Judges’ ability to make necessary procedural or evidentiary rulings under sections 801, 803, 804, and/or 805 1 of the Copyright Act, and, in particular, does the new language have the effect that the Judges are now required to adopt new regulations, notwithstanding their general authority under section 801(c)? (4) If the new language in subparagraph 8 of section 801(b) affects the Judges’ authority under other subsections of section 801, how does it change that authority or the procedures to exercise that authority? The Judges solicit proposed new or modified regulatory language that may be necessary to fully implement the MMA. Commenting persons and entities must support each legal conclusion and each proposed regulatory change with appropriate legal analysis and citation to authority. After considering the proposals, if the Judges determine that rulemaking is required, the Judges will publish a formal notice of proposed rulemaking in accordance with the provisions of the Administrative Procedures Act. Dated: October 30, 2018. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2018–24089 Filed 11–2–18; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R04–OAR–2018–0432; FRL–9986–18– Region 4] Air Plan Approval; North Carolina: NOX Rule Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to approve portions of a State Implementation Plan (SIP) revision submitted by the State of North Carolina, through the North SUMMARY: 1 Examples: Section 801(c) (necessary procedural and evidentiary rulings), section 803(b)(5) (paper proceedings), section 803(b)(6)(C)(ix) (subpoenas), section 803(c)(2) (rehearings), section 803(c)(5) (protective orders). E:\FR\FM\05NOP1.SGM 05NOP1

Agencies

[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)]
[Proposed Rules]
[Pages 55334-55335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24089]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Chapter III

[Docket No. 18-CRB-0012-RM]


Modification and Amendment of Regulations To Conform to the MMA

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notification of inquiry.

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

SUMMARY: The Copyright Royalty Judges (Judges) publish a notice of 
inquiry regarding necessary and appropriate modifications and 
amendments to agency regulations following enactment of a new law 
regarding the music industry.

[[Page 55335]]


DATES: Comments and proposals, if any, are due no later than November 
26, 2018.

ADDRESSES: You may submit comments and proposals, identified by docket 
number 18-CRB-0012-RM, by any of the following methods:
    CRB's electronic filing application: Submit comments and proposals 
online in eCRB at https://app.crb.gov/.
    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.
    Instructions: Unless submitting online, commenters must submit an 
original, two paper copies, and an electronic version on a CD. All 
submissions must include a reference to the CRB and this docket number. 
All submissions will be posted without change to eCRB at https://app.crb.gov/ including any personal information provided.
    Docket: For access to the docket to read submitted background 
documents or comments, go to eCRB, the Copyright Royalty Board's 
electronic filing and case management system, at https://app.crb.gov/ 
and search for docket number 18-CRB-0012-RM.

FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, 
by telephone at (202) 707-7658 or email at [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    The Orrin G. Hatch-Bob Goodlatte Music Modernization Act, Public 
Law 115-264, 132 Stat. 3676 (Oct. 11, 2018) (MMA), implements changes 
in administration of copyright royalties relating to the music 
industry. The most sweeping changes relate to the copyrights of 
songwriters and publishers of nondramatic musical works. Prior to 
enactment of the MMA, section 115 of title 17 (Copyright Act) detailed 
procedures for administration of the compulsory license (also known as 
the ``mechanical'' compulsory license) to reproduce and distribute, 
including by digital transmissions, phonorecords embodying copyrighted 
musical works.
    Chapter 8 of the Copyright Act requires the Copyright Royalty 
Judges (Judges) to conduct proceedings every five years to determine 
the rates and terms for the section 115 license. See 17 U.S.C. 
801(b)(1), 804(b)(4). In the MMA, Congress authorized designation of an 
entity, the Mechanical License Collective (MLC) to serve as a 
clearinghouse for collection and distribution of royalties and to 
develop a comprehensive database to ensure efficient and appropriate 
payment and distribution of those royalties.
    Creation of the MLC and the other statutory changes in the MMA 
requires or authorizes modification of the Judges' regulations relating 
to section 115. For example, section 102(d) of the MMA requires the 
Judges, not later than 270 days after enactment of the MMA, to amend 
part 385 of 37, Code of Federal Regulations (CFR) ``to conform the 
definitions used in such part to the definitions of the same terms 
described in section 115(e) of title 17, United States Code, as added 
by'' section 102(a) of the MMA. That provision also directs the Judges 
to ``make adjustments to the language of the regulations as necessary 
to achieve the same purpose and effect as the original regulations with 
respect to the rates and terms previously adopted by the [Judges].'' In 
addition, the MMA authorizes the Judges to adopt regulations concerning 
proceedings to set the administrative assessment established by the 
statute to fund the MLC. 17 U.S.C. 115(d)(7)(D)(viii), 115(d)(12)(A).
    The MMA also adds a new section 801(b)(8) to the Copyright Act, 
which authorizes the Judges ``to determine the administrative 
assessment to be paid by digital music providers under section 115(d)'' 
but states that ``[t]he provisions of section 115(d) shall apply to the 
conduct of proceedings by the [Judges] under section 115(d) and not the 
procedures in this section, or section 803, 804, or 805.''
    The Judges seek input from persons and entities who reasonably 
believe they have a significant interest in the content of necessary or 
appropriate changes to the regulations in chapter III, title 37, Code 
of Federal Regulations (CFR). The Judges also seek input from persons 
and entities who reasonably believe they have a significant interest in 
interpreting and applying the changes the MMA purports to make to 
chapter 8 of the Copyright Act.
    Specifically, but not exclusively, the Judges seek comments 
regarding the following questions.
    (1) What regulations in chapter III, title 37 CFR, if any, must be 
changed and how?
    (2) What regulations in chapter III, title 37 CFR, if any, should 
be changed and how?
    (3) What effect, if any, does the new language in subparagraph 8 of 
section 801(b) have on the Judges' ability to make necessary procedural 
or evidentiary rulings under sections 801, 803, 804, and/or 805 \1\ of 
the Copyright Act, and, in particular, does the new language have the 
effect that the Judges are now required to adopt new regulations, 
notwithstanding their general authority under section 801(c)?
---------------------------------------------------------------------------

    \1\ Examples: Section 801(c) (necessary procedural and 
evidentiary rulings), section 803(b)(5) (paper proceedings), section 
803(b)(6)(C)(ix) (subpoenas), section 803(c)(2) (rehearings), 
section 803(c)(5) (protective orders).
---------------------------------------------------------------------------

    (4) If the new language in subparagraph 8 of section 801(b) affects 
the Judges' authority under other subsections of section 801, how does 
it change that authority or the procedures to exercise that authority?
    The Judges solicit proposed new or modified regulatory language 
that may be necessary to fully implement the MMA. Commenting persons 
and entities must support each legal conclusion and each proposed 
regulatory change with appropriate legal analysis and citation to 
authority. After considering the proposals, if the Judges determine 
that rulemaking is required, the Judges will publish a formal notice of 
proposed rulemaking in accordance with the provisions of the 
Administrative Procedures Act.

    Dated: October 30, 2018.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2018-24089 Filed 11-2-18; 8:45 am]
 BILLING CODE 1410-72-P