Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates, 61126-61127 [2018-25907]

Download as PDF 61126 Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Rules and Regulations LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 16–CRB–0002–PBR (2018– 2022) COLA (2019)] Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate Copyright Royalty Board, Library of Congress. ACTION: Final rule; cost of living adjustment. AGENCY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) to the royalty rate that noncommercial radio stations at certain colleges, universities, and other educational institutions that are not affiliated with National Public Radio must pay for the use in 2019 of published nondramatic musical compositions in the SESAC repertory pursuant to the statutory license under the Copyright Act for noncommercial broadcasting. Because the current rates did not become final until January 2018, the revised regulation includes the revised rate for 2018 that reflects the cost of living adjustment announced in 2017. DATES: Effective date: December 28, 2018. Applicability dates: These rates are applicable to the period beginning January 1, 2019, and ending December 31, 2019. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Assistant, 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 January 19, 2018, 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 2018–2022. See 83 FR 2743. Pursuant to these regulations, on or before December 1 of each year, the Judges shall publish in the Federal Register notice of the change in the cost of living and a revised schedule of the rates 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 (1) the SUMMARY: VerDate Sep<11>2014 15:57 Nov 27, 2018 Jkt 247001 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) 1.5%. 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 prior to the previous notice, i.e., before December 1, 2017,1 to the most recent index published before December 1, 2018, is 2.5%.2 In accordance with 37 CFR 381.10(b), the Judges announce that the COLA for calendar year 2019 shall be 2.5%. Application of the 2.5% COLA to the 2018 rate for the performance of published nondramatic musical compositions in the repertory of SESAC—$155 per station 3—results in an adjusted rate of $159 per station. 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 paragraphs (c)(3)(i) and (ii) to read as follows: ■ § 381.5 Performance of musical compositions by public broadcasting entities licensed to colleges and universities. * * * * * (c) * * * (3) * * * (i) 2018: $155 per station. 1 See Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates, 82 FR 55946 (Nov. 27, 2017) (previous notice of the change in cost of living). 2 On November 14, 2018, the Bureau of Labor Statistics announced that the CPI–U increased 2.5% over the last 12 months. 3 The 2018 rate is calculated by applying a 2% COLA (based on the CPI–U published in November 2017) to the rate for 2017 ($152). See https:// www.bls.gov/news.release/archives/cpi_ 11152017.htm (last accessed on November 14, 2018). PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 * (ii) 2019: $159 per station. * * * * Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2018–25906 Filed 11–27–18; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 386 [Docket No. 18–CRB–0011–SA–COLA (2019)] Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates Copyright Royalty Board (CRB), Library of Congress. ACTION: Final rule; cost of living adjustment. AGENCY: The Copyright Royalty Judges announce a cost of living adjustment (COLA) of 2.5% 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 2017 to October 2018. DATES: Effective date: January 1, 2019. Applicability dates: These rates are applicable to the period January 1, 2019, through December 31, 2019. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Assistant, 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 distant retransmission of 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 SUMMARY: 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. E:\FR\FM\28NOR1.SGM 28NOR1 Federal Register / Vol. 83, No. 229 / Wednesday, November 28, 2018 / Rules and Regulations 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, 2017, to the most recent index published before December 1, 2018, is 2.5%.2 Application of the 2.5% COLA to the current rate for the secondary transmission of broadcast stations by satellite carriers for private home viewing—28 cents per subscriber per month—results in a rate of 29 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(1). Application of the 2.5% COLA to the current rate for viewing in commercial establishments—58 cents per subscriber per month—results in a rate of 59 cents per subscriber per month (rounded to the nearest cent). See 37 CFR 386.2(b)(2). List of Subjects in 37 CFR Part 386 Copyright, Satellite, Television. Final Regulations In consideration of the foregoing, the Judges amend part 386 of title 37 of the Code of Federal Regulations as follows: PART 386—ADJUSTMENT OF ROYALTY FEES FOR SECONDARY TRANSMISSIONS BY SATELLITE CARRIERS 1. The authority citation for part 386 continues to read as follows: ■ Authority: 17 U.S.C. 119(c), 801(b)(1). 2. Section 386.2 is amended by adding paragraphs (b)(1)(x) and (b)(2)(x) to read as follows: ■ § 386.2 Royalty fee for secondary transmission by satellite carriers. * * * * * (b) * * * (1) * * * (x) 2019: 29 cents per subscriber per month. (2) * * * 2 On November 14, 2018, the Bureau of Labor Statistics announced that the CPI–U increased 2.5% over the last 12 months. VerDate Sep<11>2014 15:57 Nov 27, 2018 Jkt 247001 (x) 2019: 59 cents per subscriber per month. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2018–25907 Filed 11–27–18; 8:45 am] BILLING CODE 1410–72–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 51 [EPA–HQ–OAR–2017–0175; FRL–9987–02– OAR] RIN 2060–AT52 Air Quality: Revision to the Regulatory Definition of Volatile Organic Compounds—Exclusion of cis1,1,1,4,4,4-hexafluorobut-2-ene (HFO– 1336mzz–Z) Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: On May 1, 2018, the U.S. Environmental Protection Agency (EPA) published a proposed rule seeking comments in response to a petition requesting the revision of the EPA’s regulatory definition of volatile organic compounds (VOC) to exempt cis1,1,1,4,4,4-hexafluorobut-2-ene (also known as HFO–1336mzz–Z; CAS number 692–49–9). The EPA is now taking final action to revise the regulatory definition of VOC under the Clean Air Act (CAA). This final action adds HFO–1336mzz–Z to the list of compounds excluded from the regulatory definition of VOC on the basis that this compound makes a negligible contribution to tropospheric ozone (O3) formation. DATES: This final rule is effective on January 28, 2019. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–HQ–OAR–2017–0175. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted materials, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dr. Souad Benromdhane, Office of Air Quality Planning and Standards, Health SUMMARY: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 61127 and Environmental Impacts Division, Mail Code C539–07, Environmental Protection Agency, Research Triangle Park, NC 27711; telephone: (919) 541– 4359; fax number: (919) 541–5315; email address: benromdhane.souad@ epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Does this action apply to me? II. Background A. The EPA’s VOC Exemption Policy B. Petition To List HFO–1336mzz–Z as an Exempt Compound III. The EPA’s Assessment of the Petition A. Contribution to Tropospheric Ozone Formation B. Potential Impacts on Other Environmental Endpoints 1. Contribution to Stratospheric Ozone Depletion 2. The Significant New Alternatives Policy (SNAP) Program Acceptability Findings 3. Toxicity 4. Contribution to Climate Change C. Response to Comments and Conclusion IV. Final Action V. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use J. National Technology Transfer and Advancement Act (NTTAA) K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations L. Congressional Review Act (CRA) M. Judicial Review I. Does this action apply to me? Entities potentially affected by this final rule include, but are not necessarily limited to, the following: State and local air pollution control agencies that adopt and implement regulations to control air emissions of VOC; and industries manufacturing and/or using HFO–1336mzz–Z for use in polyurethane rigid insulating foams, refrigeration, and air conditioning. Potential entities that may be affected by this action include: E:\FR\FM\28NOR1.SGM 28NOR1

Agencies

[Federal Register Volume 83, Number 229 (Wednesday, November 28, 2018)]
[Rules and Regulations]
[Pages 61126-61127]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-25907]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 386

[Docket No. 18-CRB-0011-SA-COLA (2019)]


Cost of Living Adjustment to Satellite Carrier Compulsory License 
Royalty Rates

AGENCY: Copyright Royalty Board (CRB), Library of Congress.

ACTION: Final rule; cost of living adjustment.

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

SUMMARY: The Copyright Royalty Judges announce a cost of living 
adjustment (COLA) of 2.5% 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 2017 to October 
2018.

DATES: 
    Effective date: January 1, 2019.
    Applicability dates: These rates are applicable to the period 
January 1, 2019, through December 31, 2019.

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

SUPPLEMENTARY INFORMATION: The satellite carrier compulsory license 
establishes a statutory copyright licensing scheme for the distant 
retransmission of 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

[[Page 61127]]

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).
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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, 
2017, to the most recent index published before December 1, 2018, is 
2.5%.\2\ Application of the 2.5% COLA to the current rate for the 
secondary transmission of broadcast stations by satellite carriers for 
private home viewing--28 cents per subscriber per month--results in a 
rate of 29 cents per subscriber per month (rounded to the nearest 
cent). See 37 CFR 386.2(b)(1). Application of the 2.5% COLA to the 
current rate for viewing in commercial establishments--58 cents per 
subscriber per month--results in a rate of 59 cents per subscriber per 
month (rounded to the nearest cent). See 37 CFR 386.2(b)(2).
---------------------------------------------------------------------------

    \2\ On November 14, 2018, the Bureau of Labor Statistics 
announced that the CPI-U increased 2.5% over the last 12 months.
---------------------------------------------------------------------------

List of Subjects in 37 CFR Part 386

    Copyright, Satellite, Television.

Final Regulations

    In consideration of the foregoing, the Judges amend part 386 of 
title 37 of the Code of Federal Regulations as follows:

PART 386--ADJUSTMENT OF ROYALTY FEES FOR SECONDARY TRANSMISSIONS BY 
SATELLITE CARRIERS

0
1. The authority citation for part 386 continues to read as follows:

    Authority:  17 U.S.C. 119(c), 801(b)(1).

0
2. Section 386.2 is amended by adding paragraphs (b)(1)(x) and 
(b)(2)(x) to read as follows:


Sec.  386.2  Royalty fee for secondary transmission by satellite 
carriers.

* * * * *
    (b) * * *
    (1) * * *
    (x) 2019: 29 cents per subscriber per month.
    (2) * * *
    (x) 2019: 59 cents per subscriber per month.

Suzanne M. Barnett,
Chief Copyright Royalty Judge.
[FR Doc. 2018-25907 Filed 11-27-18; 8:45 am]
 BILLING CODE 1410-72-P