Digital Performance Right in Sound Recordings and Ephemeral Recordings, 9663-9664 [2020-02134]

Download as PDF Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Rules and Regulations VIII. Effective Date 16. The Commission is issuing this rule as a final rule without a period for public comment. Under 5 U.S.C. 553(b)(3)(A), notice and comment procedures are unnecessary for ‘‘rules of agency organization, procedure, or practice.’’ This rule is such a rule, and is directed at improving the efficient and effective operations of the Commission, not toward a determination of the rights or interests of affected parties. The rule will not significantly affect regulated entities or the general public. 17. These regulations are effective March 23, 2020. List of Subjects in 18 CFR Part 375.102 Seals and Insignia. By the Commission. Issued: January 28, 2020. Kimberly D. Bose, Secretary. In consideration of the foregoing, the Commission amends part 375, chapter I, Title 18, Code of Federal Regulations, as follows: PART 375—THE COMMISSION 1. The authority citation for part 375 continues to read as follows: ■ Authority: 5 U.S.C. 551–557; 15 U.S.C. 717–717w, 3301–3432; 16 U.S.C. 791–825r, 2601–2645; 42 U.S.C. 7101–7352. 2. Section 375.102 is revised to read as follows: ■ lotter on DSKBCFDHB2PROD with RULES § 375.102 Custody and authentication of Commission records. (a) Custody of official records. The Senior Agency Official for Records shall have legal custody of all records of the Commission. The individual Commission office that maintains a record shall have physical custody of that record. (b) Authentication of action. All orders and other actions of the Commission shall be authenticated by the Secretary or the Secretary’s designee, with the exception of actions taken pursuant to delegations of authority under 18 CFR part 375, subpart C, which will be authenticated by the issuing official. Issuances posted on the Commission’s electronic filing system on the Commission’s website are authenticated. [FR Doc. 2020–02359 Filed 2–19–20; 8:45 am] BILLING CODE 6717–01–P VerDate Sep<11>2014 16:08 Feb 19, 2020 Jkt 250001 DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket No. USCG–2020–0076] Safety Zone, Coast Guard Exercise Area, Hood Canal, Washington Coast Guard, DHS. Notice of enforcement of regulation. AGENCY: ACTION: The Coast Guard will enforce safety zones surrounding vessels involved in Coast Guard training exercises in Hood Canal, WA, from May 11, 2020, through May 15, 2020. This enforcement is necessary to ensure the safety of the maritime public and vessels near training exercises. During the enforcement period, entry into the safety zones is prohibited, unless authorized by the Captain of the Port or her Designated Representative. DATES: The regulations in 33 CFR 165.1339 will be enforced from 8 a.m. on May 11, 2020, through 5 p.m. on May 15, 2020. FOR FURTHER INFORMATION CONTACT: If you have questions about this notice of enforcement, call or email Chief Warrant Officer William Martinez, Sector Puget Sound Waterways Management Division, U.S. Coast Guard; telephone 206–217–6051, email SectorPugetSoundWWM@uscg.mil. SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety zones around vessels involved in Coast Guard training exercises in Hood Canal, WA, set forth in 33 CFR 165.1339, from 8 a.m. on May 11, 2020 through 5 p.m. on May 15, 2020. This enforcement is necessary to ensure the safety of the maritime public and vessels near training exercises. Under the provisions of 33 CFR 165.1339, no person or vessel may enter or remain within 500 yards of any vessel involved in Coast Guard training exercises while such vessel is transiting Hood Canal, WA, between Foul Weather Bluff and the entrance to Dabob Bay, unless authorized by the Captain of the Port or her Designated Representative. In addition, the regulation requires all vessel operators seeking to enter any of the zones during the enforcement period to first obtain permission. You may seek permission by contacting the on-scene patrol commander on VHF channel 13 or 16, or the Sector Puget Sound Joint Harbor Operations Center at 206–217–6001. You will be able to identify participating vessels as those flying the SUMMARY: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 9663 Coast Guard Ensign. The Captain of the Port may also be assisted in the enforcement of the zone by other federal, state, or local agencies. The Captain of the Port will issue a general permission to enter the safety zones if the training exercise is completed before 5 p.m. on May 15. In addition to this notice of enforcement in the Federal Register, the Coast Guard plans to provide notification of this enforcement period via a Local Notice to Mariners. Dated: January 28, 2020. Linda A. Sturgis, Captain, U.S. Coast Guard, Captain of the Port Puget Sound. [FR Doc. 2020–02972 Filed 2–19–20; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 383 [Docket No. 19–CRB–0006–NSR (2021– 2025) (NSS IV)] Digital Performance Right in Sound Recordings and Ephemeral Recordings Copyright Royalty Board, Library of Congress. ACTION: Final rule. AGENCY: The Copyright Royalty Judges publish a final rule governing the rates and terms for the digital performances of sound recordings by new subscription services and for the making of ephemeral recordings necessary to facilitate those transmissions for the period commencing January 1, 2021, and ending on December 31, 2025. DATES: Effective date: January 1, 2021. ADDRESSES: 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 19–CRB–0006–NSR (2021–2025). FOR FURTHER INFORMATION CONTACT: Anita Blaine, Program Specialist, by telephone at (202) 707–0078 or email at crb@loc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Background On November 8, 2019, the Copyright Royalty Judges published a proposed rule governing the rates and terms for the digital performances of sound recordings by new subscription services that provide transmissions to residential subscribers as part of a cable or satellite E:\FR\FM\20FER1.SGM 20FER1 9664 Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Rules and Regulations television bundle and for the making of ephemeral recordings necessary to facilitate those transmissions for the period commencing January 1, 2021, and ending on December 31, 2025. 84 FR 60356. The rates and terms in the proposed rule were the subject of a settlement between SoundExchange, Inc., and Sirius XM Inc. Joint Motion to Adopt Settlement, Docket No. 19–CRB– 0006–NSR (2021–2025) (‘‘NSS IV’’). The Judges received no comments on the proposed rule. The Judges ‘‘may decline to adopt the agreement as a basis for statutory terms and rates for participants that are not parties to the agreement,’’ only ‘‘if any participant [in the proceeding] objects to the agreement and the [Judges] conclude, based on the record before them if one exists, that the agreement does not provide a reasonable basis for setting statutory terms or rates.’’ 17 U.S.C. 801(b)(7)(A)(ii). Because no NSS IV participant has objected to the settlement, and the Judges find no basis in the record to conclude that the settlement does not provide a reasonable basis for setting statutory terms and rates, the Judges adopt the terms and rates as proposed. List of Subjects in 37 CFR Part 383 Copyright, Sound recordings, Webcasters. Final Regulations For the reasons set forth in the preamble, the Copyright Royalty Judges amend 37 CFR part 383 as follows: PART 383—RATES AND TERMS FOR SUBSCRIPTION TRANSMISSIONS AND THE REPRODUCTION OF EMPHEMERAL RECORDINGS BY CERTAIN NEW SUBSCRIPTION SERVICES 1. The authority citation for part 383 continues to read as follows: ■ Authority: 17 U.S.C. 112(e), 114, and 801(b)(1). § 383.1 [Amended] 2. In § 383.1, amend paragraph (a), by removing ‘‘2016’’ and adding in its place, ‘‘2021’’, and by removing ‘‘2020’’ and adding in its place, ‘‘2025’’. ■ § 383.2 [Amended] 3. In § 383.2, amend paragraph (c), by removing ‘‘2016’’ and adding in its place, ‘‘2021’’, and by removing ‘‘2020’’ and adding in its place, ‘‘2025’’. ■ 4. Amend § 383.3 by: ■ a. In paragraph (a), removing the words ‘‘statutory licenses’’ and adding, in their place, the word ‘‘License’’; lotter on DSKBCFDHB2PROD with RULES ■ VerDate Sep<11>2014 16:08 Feb 19, 2020 Jkt 250001 b. Revising paragraphs (a)(1)(i) through (v); ■ c. Revising paragraph (a)(2)(i) through (v); and ■ d. Revising paragraph (c). The revisions read as follows: ENVIRONMENTAL PROTECTION AGENCY § 383.3 Royalty fees for public performances of sound recordings and the making of ephemeral recordings. Air Plan Approval; ID: Idaho Portion of the Logan UT-ID 2006 24-Hour PM2.5 Nonattainment Area; Moderate Plan Elements ■ (a) * * * (1) * * * (i) 2021: $0.0208 (ii) 2022: $0.0214 (iii) 2023: $0.0221 (iv) 2024: $0.0227 (v) 2025: $0.0234 (2) * * * (i) 2021: $0.0346 (ii) 2022: $0.0356 (iii) 2023: $0.0367 (iv) 2024: $0.0378 (v) 2025: $0.0390 * * * * * (c) Allocation between ephemeral recordings fees and performance royalty fees. The Collective must credit 5% of all royalty payments as royalty payment for Ephemeral Recordings and credit the remaining 95% to section 114 royalties. All Ephemeral Recordings that a Licensee makes which are necessary and commercially reasonable for making noninteractive digital transmissions through a Service are included in the 5%. § 383.4 [Amended] 5. In § 383.4 amend paragraph (a) by: ■ a. Removing the words ‘‘subscription transmissions’’ and adding, in their place, the words ‘‘Digital audio transmission’’; ■ b. Removing the words ‘‘preexisting satellite digital audio radio services’’ and adding, in their place, the words ‘‘Commercial Webcasters’’; ■ c. Removing the words ‘‘part 382, subpart B’’ and adding, in their place, the words ‘‘part 380, subpart A’’; ■ d. Removing the years ‘‘2013–2017’’ and adding, in their place, the years ‘‘2021–2025’’; ■ e. Removing the words ‘‘For purposes of this section’’ and adding, in their place, the words ‘‘For purposes of this part’’. ■ Dated: January 21, 2020. Jesse M. Feder, Chief Copyright Royalty Judge. Approved by: Carla D. Hayden, Librarian of Congress. 40 CFR Part 52 [EPA–R10–OAR–2018–0597; FRL–10005– 17–Region 10] Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) is taking final action to approve revisions to the Idaho State Implementation Plan (SIP) submitted on July 31, 2018. The submission includes Reasonable Further Progress and Quantitative Milestone attainment plan elements, along with updated Motor Vehicle Emissions Budgets, for the Idaho portion of the Logan, Utah-Idaho fine particulate matter (PM2.5) nonattainment area (Logan UT-ID area). The EPA’s prior conditional approval for these elements will be removed and these elements are now fully approved. DATES: The final rule is effective March 23, 2020. ADDRESSES: The EPA has established a docket for this action under Docket ID No. EPA–R10–OAR–2018–0597, at https://www.regulations.gov. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some information may not be publicly available, i.e., Confidential Business Information or other information the disclosure of which is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and is publicly available only in hard copy form. Publicly available docket materials are available at https://www.regulations.gov or at EPA Region 10, Office of Air and Waste, 1200 Sixth Avenue, Seattle, Washington 98101. The EPA requests that you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays. FOR FURTHER INFORMATION CONTACT: Matthew Jentgen, (206) 553–0340, jentgen.matthew@epa.gov. SUPPLEMENTARY INFORMATION: Throughout this document whenever ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is intended to refer to the EPA. SUMMARY: [FR Doc. 2020–02134 Filed 2–19–20; 8:45 am] Table of Contents BILLING CODE 1410–72–P I. Background PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\20FER1.SGM 20FER1

Agencies

[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Rules and Regulations]
[Pages 9663-9664]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02134]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 383

[Docket No. 19-CRB-0006-NSR (2021-2025) (NSS IV)]


Digital Performance Right in Sound Recordings and Ephemeral 
Recordings

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule.

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SUMMARY: The Copyright Royalty Judges publish a final rule governing 
the rates and terms for the digital performances of sound recordings by 
new subscription services and for the making of ephemeral recordings 
necessary to facilitate those transmissions for the period commencing 
January 1, 2021, and ending on December 31, 2025.

DATES: Effective date: January 1, 2021.

ADDRESSES: 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 19-CRB-0006-NSR (2021-2025).

FOR FURTHER INFORMATION CONTACT: Anita Blaine, Program Specialist, by 
telephone at (202) 707-0078 or email at [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On November 8, 2019, the Copyright Royalty Judges published a 
proposed rule governing the rates and terms for the digital 
performances of sound recordings by new subscription services that 
provide transmissions to residential subscribers as part of a cable or 
satellite

[[Page 9664]]

television bundle and for the making of ephemeral recordings necessary 
to facilitate those transmissions for the period commencing January 1, 
2021, and ending on December 31, 2025. 84 FR 60356. The rates and terms 
in the proposed rule were the subject of a settlement between 
SoundExchange, Inc., and Sirius XM Inc. Joint Motion to Adopt 
Settlement, Docket No. 19-CRB-0006-NSR (2021-2025) (``NSS IV''). The 
Judges received no comments on the proposed rule.
    The Judges ``may decline to adopt the agreement as a basis for 
statutory terms and rates for participants that are not parties to the 
agreement,'' only ``if any participant [in the proceeding] objects to 
the agreement and the [Judges] conclude, based on the record before 
them if one exists, that the agreement does not provide a reasonable 
basis for setting statutory terms or rates.'' 17 U.S.C. 
801(b)(7)(A)(ii). Because no NSS IV participant has objected to the 
settlement, and the Judges find no basis in the record to conclude that 
the settlement does not provide a reasonable basis for setting 
statutory terms and rates, the Judges adopt the terms and rates as 
proposed.

List of Subjects in 37 CFR Part 383

    Copyright, Sound recordings, Webcasters.

Final Regulations

    For the reasons set forth in the preamble, the Copyright Royalty 
Judges amend 37 CFR part 383 as follows:

PART 383--RATES AND TERMS FOR SUBSCRIPTION TRANSMISSIONS AND THE 
REPRODUCTION OF EMPHEMERAL RECORDINGS BY CERTAIN NEW SUBSCRIPTION 
SERVICES

0
1. The authority citation for part 383 continues to read as follows:

    Authority: 17 U.S.C. 112(e), 114, and 801(b)(1).


Sec.  383.1  [Amended]

0
2. In Sec.  383.1, amend paragraph (a), by removing ``2016'' and adding 
in its place, ``2021'', and by removing ``2020'' and adding in its 
place, ``2025''.


Sec.  383.2  [Amended]

0
3. In Sec.  383.2, amend paragraph (c), by removing ``2016'' and adding 
in its place, ``2021'', and by removing ``2020'' and adding in its 
place, ``2025''.

0
4. Amend Sec.  383.3 by:
0
a. In paragraph (a), removing the words ``statutory licenses'' and 
adding, in their place, the word ``License'';
0
b. Revising paragraphs (a)(1)(i) through (v);
0
c. Revising paragraph (a)(2)(i) through (v); and
0
d. Revising paragraph (c).
    The revisions read as follows:


Sec.  383.3   Royalty fees for public performances of sound recordings 
and the making of ephemeral recordings.

    (a) * * *
    (1) * * *
    (i) 2021: $0.0208
    (ii) 2022: $0.0214
    (iii) 2023: $0.0221
    (iv) 2024: $0.0227
    (v) 2025: $0.0234
    (2) * * *
    (i) 2021: $0.0346
    (ii) 2022: $0.0356
    (iii) 2023: $0.0367
    (iv) 2024: $0.0378
    (v) 2025: $0.0390
* * * * *
    (c) Allocation between ephemeral recordings fees and performance 
royalty fees. The Collective must credit 5% of all royalty payments as 
royalty payment for Ephemeral Recordings and credit the remaining 95% 
to section 114 royalties. All Ephemeral Recordings that a Licensee 
makes which are necessary and commercially reasonable for making 
noninteractive digital transmissions through a Service are included in 
the 5%.


Sec.  383.4  [Amended]

0
5. In Sec.  383.4 amend paragraph (a) by:
0
a. Removing the words ``subscription transmissions'' and adding, in 
their place, the words ``Digital audio transmission'';
0
b. Removing the words ``preexisting satellite digital audio radio 
services'' and adding, in their place, the words ``Commercial 
Webcasters'';
0
c. Removing the words ``part 382, subpart B'' and adding, in their 
place, the words ``part 380, subpart A'';
0
d. Removing the years ``2013-2017'' and adding, in their place, the 
years ``2021-2025'';
0
e. Removing the words ``For purposes of this section'' and adding, in 
their place, the words ``For purposes of this part''.

    Dated: January 21, 2020.
Jesse M. Feder,
Chief Copyright Royalty Judge.
    Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2020-02134 Filed 2-19-20; 8:45 am]
 BILLING CODE 1410-72-P