Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License, 64204-64205 [2019-25196]

Download as PDF 64204 Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Rules and Regulations or his/her designated representative. The Corps determined that the restricted area would have practically no economic impact on the public, would not result in an anticipated navigational hazard, and would not cause interference with existing waterway traffic. After considering the economic impacts of this restricted area regulation on small entities, I certify that this action will not have a significant impact on a substantial number of small entities. c. Review Under the National Environmental Policy Act. An environmental assessment (EA) has been prepared. We concluded that the establishment of a restricted area at United States Coast Guard Yard, Baltimore, will not have a significant impact to the quality of the human environment and, therefore, preparation of an environmental impact statement is not required. The final EA and Finding of No Significant Impact may be reviewed at the Baltimore District Office. Please contact Mr. Steve Elinsky at the phone number specified above for further information. d. Unfunded Mandates Reform Act. This rule does not impose an enforceable duty among the private sector and, therefore, is not a Federal private sector mandate and is not subject to the requirements of Section 202 or 205 of the Unfunded Mandates Reform Act (Pub. L. 104–4, 109 Stat. 48, 2 U.S.C. 1501 et seq.). We have also found, under Section 203 of the Act, that small governments will not be significantly or uniquely affected by this rule. e. Congressional Review Act. The Congressional Review Act, 5 U.S.C. 801 et seq., generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. We will submit a report containing the final rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. This final rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 33 CFR Part 334 Danger zones, Navigation (water), Transportation, Waterways. For the reasons stated in the preamble, the Corps is amending 33 CFR part 334 to read as follows: VerDate Sep<11>2014 15:55 Nov 20, 2019 Jkt 250001 PART 334—DANGER ZONE AND RESTRICTED AREA REGULATIONS 1. The authority citation for 33 CFR part 334 continues to read as follows: ■ Authority: 40 Stat. 266 (33 U.S.C. 1) and 40 Stat. 892 (33 U.S.C. 3). ■ 2. Add § 334.145 to read as follows: § 334.145 Curtis Creek and Arundel Cove, U.S. Coast Guard Yard, Baltimore; restricted area. (a) The area. All of the navigable waters of Curtis Creek extending approximately 120 meters from the high-water mark of the United States Coast Guard facility, bounded by these coordinates (including the Arundel Cove): Commencing from the shoreline at latitude 39°12′05.8″ N, longitude 076°34′28.4″ W; thence to latitude 39°12′04.8″ N, longitude 076′34′32″ W; thence to latitude 39°11′59″ N, longitude 076°34′28″ W; thence to latitude 39°11′44.8″ N, longitude 076°34′25″ W; thence to latitude 39°11′44.5″ N, longitude 076°34′07″ W; and thence along the shoreline to the point of origin. The datum for these coordinates is NAD–83. (b) The regulations. (1) The restricted area as described in paragraph (a) of this section is only open to government vessels. Government vessels include, but are not limited to, U.S. Coast Guard, U.S. Coast Guard Auxiliary, Department of Defense, National Oceanic and Atmospheric Administration, state and local law enforcement, emergency services and vessels under contract with the U.S. Government. Vessels transiting the restricted area shall proceed across the area by the most direct route and without unnecessary delay. Fishing, crabbing, trawling, net-fishing and other aquatic activities are prohibited without prior approval from the Commanding Officer, U.S. Coast Guard Yard or his/ her designated representative. The Coast Guard will install warning signs along the shoreline notifying individuals of the restricted area and prohibiting all unauthorized entry into the area along the property boundary. (2) All persons, vessels and other craft are prohibited from entering, transiting, drifting, dredging or anchoring within the restricted area as described in paragraph (a) of this section without prior approval from the Commanding Officer, U.S. Coast Guard Yard or his/ her designated representative. (3) The restrictions described in paragraph (b)(1) of this section are in effect 24 hours a day, seven days a week. (c) Enforcement. The regulations in this section shall be enforced by the Commanding Officer, U.S. Coast Guard PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Yard or such persons or agencies he/she may designate. Dated: November 14, 2019. Thomas P. Smith, Chief, Operations and Regulatory Division, Directorate of Civil Works. [FR Doc. 2019–25272 Filed 11–20–19; 8:45 am] BILLING CODE 3720–58–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 380 [Docket No. 14–CRB–0001–WR (2016–2020) COLA 2020] Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License 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) in the royalty rates that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of sound recordings. SUMMARY: Effective date: January 1, 2020. Applicability dates: These rates are applicable to the period January 1, 2020, through December 31, 2020. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Assistant, by telephone at (202) 707–7658 or by email at crb@loc.gov. SUPPLEMENTARY INFORMATION: Sections 112(e) and 114(f) of the Copyright Act, title 17 of the United States Code, create statutory licenses for certain digital performances of sound recordings and the making of ephemeral reproductions to facilitate transmission of those sound recordings. On May 2, 2016, the Copyright Royalty Judges (Judges) adopted final regulations governing the rates and terms of copyright royalty payments under those licenses for the license period 2016–2020 for performances of sound recordings via eligible transmissions by commercial and noncommercial noninteractive webcasters. See 81 FR 26316. Pursuant to those regulations, at least 25 days before January 1 of each year from 2017 to 2020, the Judges shall publish in the Federal Register notice of a COLA applicable to the royalty fees for performances of sound recordings via DATES: E:\FR\FM\21NOR1.SGM 21NOR1 Federal Register / Vol. 84, No. 225 / Thursday, November 21, 2019 / Rules and Regulations eligible transmissions by commercial and noncommercial noninteractive webcasters. 37 CFR 380.10. The adjustment in the royalty fee shall be based on a calculation of the percentage increase in the CPI–U from the CPI–U published in November 2015 (237.838), according to the formula (1 + (Cy¥237.838)/237.838) × R2016, where Cy is the CPI–U published by the Secretary of Labor before December 1 of the preceding year and R2016 is the royalty rate for 2016; i.e., for commercial webcasters $0.0022 per subscription performance or $0.0017 per nonsubscription performance, or for noncommercial webcasters $0.0017 per performance for all digital audio transmissions in excess of 159,140 Aggregate Tuning Hours (ATH) in a month on a channel or station. The adjustment shall be rounded to the nearest fourth decimal place. 37 CFR 380.10(c). The CPI–U published by the Secretary of Labor from the most recent index published before December 1, 2019, is 257.346.1 Applying the formula in 37 CFR 380.10(c) and rounding to the nearest fourth decimal place results in an increase in the rates for 2020. The 2020 rate for eligible transmissions of sound recordings by commercial webcasters is $0.0024 per subscription performance and $0.0018 per nonsubscription performance. Application of the increase to rates for noncommercial webcasters results in a 2020 rate of $0.0018 per performance for all digital audio transmissions in excess of 159,140 ATH in a month on a channel or station. As provided in 37 CFR 380.10(d), the royalty fee for making ephemeral recordings under section 112 of the Copyright Act to facilitate digital transmission of sound recordings under section 114 of the Copyright Act is included in the section 114 royalty fee and comprises 5% of the total fee. Final Regulations In consideration of the foregoing, the Judges amend part 380 of title 37 of the Code of Federal Regulations as follows: VerDate Sep<11>2014 15:55 Nov 20, 2019 Jkt 250001 Authority: 17 U.S.C. 112(e), 114(f), 804(b)(3). 2. Section 380.10 is amended by revising paragraph (a) to read as follows: ■ § 380.10 Royalty fees for the public performance of sound recordings and the making of ephemeral recordings. (a) Royalty fees. For the year 2020, Licensees must pay royalty fees for all Eligible Transmissions of sound recordings at the following rates: (1) Commercial webcasters: $0.0024 per performance for subscription services and $0.0018 per performance for nonsubscription services. (2) Noncommercial webcasters: $500 per year for each channel or station and $0.0018 per performance for all digital audio transmissions in excess of 159,140 ATH in a month on a channel or station. * * * * * Dated: November 15, 2019. Jesse M. Feder, Chief Copyright Royalty Judge. [FR Doc. 2019–25196 Filed 11–20–19; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 381 [Docket No. 16–CRB–0002–PBR (2018– 2022) COLA (2020)] Cost of Living Adjustment to Public Broadcasters Compulsory License Royalty Rate Copyright Royalty Board, Library of Congress. ACTION: Final rule; cost of living adjustment. Copyright; sound recordings. announced on November 13, 2019, by the Bureau of Labor Statistics in its News Release— Consumer Price Index October 2019, available at https://www.bls.gov/news.release/cpi.htm at Table 1. 1. The authority citation for part 380 continues to read as follows: ■ AGENCY: List of Subjects in 37 CFR Part 380 1 As PART 380—RATES AND TERMS FOR TRANSMISSIONS BY ELIGIBLE NONSUBSCRIPTION SERVICES AND NEW SUBSCRIPTION SERVICES AND FOR THE MAKING OF EPHEMERAL REPRODUCTIONS TO FACILITATE THOSE TRANSMISSIONS 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 2020 of published nondramatic musical compositions in the SESAC repertory pursuant to the statutory license under SUMMARY: PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 64205 the Copyright Act for noncommercial broadcasting. DATES: Effective date: December 23, 2019. Applicability dates: These rates are applicable to the period beginning January 1, 2020, and ending December 31, 2020. 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 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, 2018, to the most recent index published before December 1, 2019, is 1.8%.1 In accordance with 37 CFR 381.10(b), the Judges announce that the COLA for calendar year 2020 shall be 1.8%. Application of the 1.8% COLA to the 2019 rate for the performance of published nondramatic musical compositions in the repertory of SESAC—$159 per station—results in an adjusted rate of $162 per station, rounded to the nearest dollar. List of Subjects in 37 CFR Part 381 Copyright, Music, Radio, Rates, Television. 1 On November 13, 2019, the Bureau of Labor Statistics announced that the CPI–U increased 1.8% over the last 12 months. E:\FR\FM\21NOR1.SGM 21NOR1

Agencies

[Federal Register Volume 84, Number 225 (Thursday, November 21, 2019)]
[Rules and Regulations]
[Pages 64204-64205]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25196]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 380

[Docket No. 14-CRB-0001-WR (2016-2020) COLA 2020]


Cost of Living Adjustment to Royalty Rates for Webcaster 
Statutory License

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) in the royalty rates that commercial and 
noncommercial noninteractive webcasters pay for eligible transmissions 
pursuant to the statutory licenses for the public performance of and 
for the making of ephemeral reproductions of sound recordings.

DATES: Effective date: January 1, 2020.
    Applicability dates: These rates are applicable to the period 
January 1, 2020, through December 31, 2020.

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

SUPPLEMENTARY INFORMATION: Sections 112(e) and 114(f) of the Copyright 
Act, title 17 of the United States Code, create statutory licenses for 
certain digital performances of sound recordings and the making of 
ephemeral reproductions to facilitate transmission of those sound 
recordings. On May 2, 2016, the Copyright Royalty Judges (Judges) 
adopted final regulations governing the rates and terms of copyright 
royalty payments under those licenses for the license period 2016-2020 
for performances of sound recordings via eligible transmissions by 
commercial and noncommercial noninteractive webcasters. See 81 FR 
26316.
    Pursuant to those regulations, at least 25 days before January 1 of 
each year from 2017 to 2020, the Judges shall publish in the Federal 
Register notice of a COLA applicable to the royalty fees for 
performances of sound recordings via

[[Page 64205]]

eligible transmissions by commercial and noncommercial noninteractive 
webcasters. 37 CFR 380.10.
    The adjustment in the royalty fee shall be based on a calculation 
of the percentage increase in the CPI-U from the CPI-U published in 
November 2015 (237.838), according to the formula (1 + (Cy-
237.838)/237.838) x R2016, where Cy is the CPI-U 
published by the Secretary of Labor before December 1 of the preceding 
year and R2016 is the royalty rate for 2016; i.e., for 
commercial webcasters $0.0022 per subscription performance or $0.0017 
per nonsubscription performance, or for noncommercial webcasters 
$0.0017 per performance for all digital audio transmissions in excess 
of 159,140 Aggregate Tuning Hours (ATH) in a month on a channel or 
station. The adjustment shall be rounded to the nearest fourth decimal 
place. 37 CFR 380.10(c). The CPI-U published by the Secretary of Labor 
from the most recent index published before December 1, 2019, is 
257.346.\1\ Applying the formula in 37 CFR 380.10(c) and rounding to 
the nearest fourth decimal place results in an increase in the rates 
for 2020.
---------------------------------------------------------------------------

    \1\ As announced on November 13, 2019, by the Bureau of Labor 
Statistics in its News Release--Consumer Price Index October 2019, 
available at https://www.bls.gov/news.release/cpi.htm at Table 1.
---------------------------------------------------------------------------

    The 2020 rate for eligible transmissions of sound recordings by 
commercial webcasters is $0.0024 per subscription performance and 
$0.0018 per nonsubscription performance.
    Application of the increase to rates for noncommercial webcasters 
results in a 2020 rate of $0.0018 per performance for all digital audio 
transmissions in excess of 159,140 ATH in a month on a channel or 
station.
    As provided in 37 CFR 380.10(d), the royalty fee for making 
ephemeral recordings under section 112 of the Copyright Act to 
facilitate digital transmission of sound recordings under section 114 
of the Copyright Act is included in the section 114 royalty fee and 
comprises 5% of the total fee.

List of Subjects in 37 CFR Part 380

    Copyright; sound recordings.

Final Regulations

    In consideration of the foregoing, the Judges amend part 380 of 
title 37 of the Code of Federal Regulations as follows:

PART 380--RATES AND TERMS FOR TRANSMISSIONS BY ELIGIBLE 
NONSUBSCRIPTION SERVICES AND NEW SUBSCRIPTION SERVICES AND FOR THE 
MAKING OF EPHEMERAL REPRODUCTIONS TO FACILITATE THOSE TRANSMISSIONS

0
1. The authority citation for part 380 continues to read as follows:

    Authority:  17 U.S.C. 112(e), 114(f), 804(b)(3).


0
2. Section 380.10 is amended by revising paragraph (a) to read as 
follows:


Sec.  380.10   Royalty fees for the public performance of sound 
recordings and the making of ephemeral recordings.

    (a) Royalty fees. For the year 2020, Licensees must pay royalty 
fees for all Eligible Transmissions of sound recordings at the 
following rates:
    (1) Commercial webcasters: $0.0024 per performance for subscription 
services and $0.0018 per performance for nonsubscription services.
    (2) Noncommercial webcasters: $500 per year for each channel or 
station and $0.0018 per performance for all digital audio transmissions 
in excess of 159,140 ATH in a month on a channel or station.
* * * * *

    Dated: November 15, 2019.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2019-25196 Filed 11-20-19; 8:45 am]
 BILLING CODE 1410-72-P
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