Determination of Rates and Terms for Public Broadcasting (PB IV), 34676-34677 [2021-13923]
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34676
Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules
Number of full-time students
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[FR Doc. 2021–13922 Filed 6–29–21; 8:45 am]
BILLING CODE 1410–72–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 21–CRB–0002–PBR (2023–
2027)]
Determination of Rates and Terms for
Public Broadcasting (PB IV)
Copyright Royalty Board,
Library of Congress.
ACTION: Proposed rule.
AGENCY:
The Copyright Royalty Judges
publish for comment proposed
regulations that set rates and terms for
the use of certain copyrighted works by
public broadcasting entities for the
period beginning January 1, 2023, and
ending December 31, 2027.
DATES: Comments and objections, if any,
are due no later than July 30, 2021.
ADDRESSES: You may send comments,
identified by docket number 21–CRB–
0002–PBR (2023–2027), online through
eCRB at https://app.crb.gov.
Instructions: To send your comment
through eCRB, if you don’t have a user
account, you will first need to register
for an account and wait for your
registration to be approved. Approval of
user accounts is only available during
business hours. Once you have an
approved account, you can only sign in
and file your comment after setting up
multi-factor authentication, which can
be done at any time of day. All
comments must include the Copyright
Royalty Board name and the docket
number for this proposed rule. All
properly filed comments will appear
without change in eCRB at https://
app.crb.gov, including any personal
information provided.
Docket: For access to the docket to
read background documents or
comments received, go to eCRB at
https://app.crb.gov and perform a case
search for docket 21–CRB–0002–PBR
(2023–2027).
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist, at
202–707–7658 or crb@loc.gov.
SUMMARY:
VerDate Sep<11>2014
16:55 Jun 29, 2021
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SUPPLEMENTARY INFORMATION:
Dated June 24, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
jbell on DSKJLSW7X2PROD with PROPOSALS
2023
Jkt 253001
Background
Section 118 of the Copyright Act, title
17 of the United States Code, establishes
a statutory license for the use of certain
copyrighted works in connection with
noncommercial television and radio
broadcasting. 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 118 license. 17 U.S.C. 801(b)(1),
804(b)(6). Accordingly, the Judges
commenced a proceeding in January
2021, by publishing notice of the
commencement of the proceeding and a
request that interested parties submit
petitions to participate. 86 FR 325 (Jan.
5, 2021).
The Judges received petitions to
participate in the current proceeding
from The American Society of Authors,
Composers and Publishers (ASCAP);
Broadcast Music, Inc. (BMI); Church
Music Publishers’ Association, Inc.
(CMPA); Educational Media Foundation
(EMF); Global Music Rights, LLC;
National Religious Broadcasters
Noncommercial Music License
Committee (NRBNMLC); David Powell;
Public Broadcasting Entities
(Corporation for Public Broadcasting
(CPB), National Public Radio (NPR), and
Public Broadcasting Service (PBS));
SESAC Performing Rights, LLC
(SESAC); and The Harry Fox Agency
LLC (HFA).
The Judges gave notice to all
participants of the three-month
negotiation period required by 17 U.S.C.
803(b)(3) and directed that, if the
participants were unable to negotiate a
settlement, they should submit Written
Direct Statements no later than
September 10, 2021. Notice of
Participants, Commencement of
Voluntary Negotiation Period, and Case
Scheduling Order (Feb. 9, 2021).
There are two ways copyright owners
and public broadcasting entities 1 may
negotiate rates and terms under the
section 118 statutory license. First,
copyright owners may negotiate rates
and terms with specific public
broadcasting entities for the use of all of
the copyright owners’ works covered by
1 A ‘‘public broadcasting entity’’ is defined as a
‘‘noncommercial educational broadcast station as
defined in section 397 of title 47 and any nonprofit
institution or organization engaged in the activities
described in paragraph (2) of subsection (c)’’ of
section 118. 17 U.S.C. 118(f).
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1,035
2025
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2026
1,090
2027
1,118
the license. Section 118(b)(2) provides
that such license agreements ‘‘shall be
given effect in lieu of any determination
by the . . . Copyright Royalty Judges,’’
provided that copies of the agreement
are submitted to the Judges ‘‘within 30
days of execution.’’ 17 U.S.C. 118(b)(2).
Second, copyright owners and public
broadcasting entities may negotiate rates
and terms for categories of copyrighted
works and uses that would be binding
on all owners and entities using the
same license and submit them to the
Judges for approval. 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 the Judges
shall provide notice and an opportunity
to comment on the agreement to (1)
those that would be bound by the terms,
rates, or other determination set by the
agreement 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.
On June 21, 2021, the Judges received
a joint proposal from participants HFA
and NRBNMLC regarding fees for
recording rights under 37 CFR
381.7(b)(4) for the period 2023–2027.
Joint Proposal . . . Regarding Fees for
Recording Rights Under 37 CFR
381.7(B)(4) (June 21, 2021) (Proposal).
The fees in § 381.7(b)(4) apply to the
‘‘recording of nondramatic
performances and displays of musical
works for the types of uses described in
17 U.S.C. 118(c)(2)–(3) by
noncommercial radio stations other than
uses in a radio program produced by
[NPR] and other than uses subject to
voluntary license agreements.’’ Proposal
at 2. HFA and NRBNMLC filed a
proposal instead of a notice of
settlement because NRBNMLC does not
represent all radio stations subject to the
fees. Id. Participant EMF joins in the
proposal. Id. at 3 n.2.
The Proposal states that the fees in
§ 381.7(b)(4) should be modified. See id.
at 2–3. It also proposes carrying forward
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Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules
unchanged (except to replace ‘‘January
1, 2018’’ with ‘‘January 1, 2023’’ and
‘‘December 31, 2022’’ with ‘‘December
31, 2027’’) current provisions set forth
in §§ 381.1, 381.2, 381.9, and 381.11. Id.
The Judges solicit comments on
whether they should adopt the proposed
regulations as statutory rates and terms
relating to the reproduction,
distribution, performance or display of
certain works by public broadcasting
entities (as defined in 17 U.S.C. 118(f))
in the course of the activities described
in 17 U.S.C. 118(c).
Comments and objections regarding
the proposed changes must be
submitted no later than July 30, 2021.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television,
Rates.
For the reasons set forth in the
preamble, the Copyright Royalty Judges
propose to amend 37 CFR part 381 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), 803.
■
2. Revise § 381.1 to read as follows:
§ 381.1
General.
This part establishes terms and rates
of royalty payments for certain activities
using published nondramatic musical
works and published pictorial, graphic
and sculptural works during a period
beginning on January 1, 2023, and
ending on December 31, 2027. Upon
compliance with 17 U.S.C. 118, and the
terms and rates of this part, a public
broadcasting entity may engage in the
activities with respect to such works set
forth in 17 U.S.C. 118(c).
■ 3. Revise § 381.7(b)(4) to read as
follows:
§ 381.7
Recording rights, rates and terms.
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(b) * * *
(4) For such uses other than in an
NPR-produced radio program:
jbell on DSKJLSW7X2PROD with PROPOSALS
2023–2027
(i) Feature ...................................
(ii) Feature (concert) (per half
hour) .......................................
(iii) Background .........................
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Dated June 24, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021–13923 Filed 6–29–21; 8:45 am]
BILLING CODE 1410–72–P
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17:32 Jun 29, 2021
Jkt 253001
$ .83
1.72
.42
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 70
[EPA–R07–OAR–2021–0416; FRL–10025–
54–Region 7]
Air Plan Approval; Missouri; Revision
to Emission Data, Emission Fees and
Process Information Rule
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing approval of
a State Implementation Plan (SIP) and
Operating Permits Program revision
submitted by the State of Missouri on
May 25, 2021. These revisions update
the listed emission reporting years and
update the emissions fee for permitted
sources as set by Missouri Statute from
$48 per ton of air pollution emitted
annually to $53 in calendar year 2021
and $55 per ton of air pollution emitted
annually for emissions in calendar year
2022 and beyond; effective March 30,
2021.
DATES: Comments must be received on
or before July 30, 2021.
ADDRESSES: You may send comments,
identified by Docket ID No. EPA–R07–
OAR–2021–0416 to https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Instructions: All submissions received
must include the Docket ID No. for this
rulemaking. Comments received will be
posted without change to https://
www.regulations.gov/, including any
personal information provided. For
detailed instructions on sending
comments and additional information
on the rulemaking process, see the
‘‘Written Comments’’ heading of the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT:
Jason Heitman, Environmental
Protection Agency, Region 7 Office, Air
Quality Planning Branch, 11201 Renner
Boulevard, Lenexa, Kansas 66219;
telephone number: (913) 551–7664;
email address: heitman.jason@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to EPA.
SUMMARY:
Table of Contents
I. Written Comments
II. Background
III. What is being addressed in this
document?
IV. Have the requirements for approval of a
SIP and part 70 revision been met?
V. What action is the EPA proposing to take?
VI. Incorporation by reference
VII. Statutory and Executive Order Reviews
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34677
I. Written Comments
Submit your comments, identified by
Docket ID No. EPA–R07–OAR–2021–
0416, at https://www.regulations.gov.
Once submitted, comments cannot be
edited or removed from regulations.gov.
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://www.epa.gov/dockets/
commenting-epa-dockets.
II. Background
The EPA granted full approval of the
Missouri Operating Permit Program
effective June 13, 1997 (see 62 FR
26405). Under title 40 Code of Federal
Regulations (CFR) 70.9(a) and (b), an
approved state’s title V operating
permits program must require that the
owners or operators of part 70 sources
pay annual fees, or the equivalent over
some other period, that are sufficient to
cover the permit program costs and
ensure that any fee required under 40
CFR 70.9 is used solely for permit
program costs. The fee schedule must
result in the collection and retention of
revenues sufficient to cover the permit
program implementation and oversight
costs.
Missouri has determined that fee
adjustments are needed to offset the
effect of declining revenues and to
maintain the solvency of the Missouri
Air Pollution Control Program.
III. What is being addressed in this
document?
The EPA is proposing to approve
revisions to the Missouri State
Implementation Plan (SIP) and title V
Operating Permits Program, 10–6.110
‘‘Reporting Emission Data, Emission
Fees, and Process Information,’’
submitted to the EPA on May 25, 2021.
Revisions to the program include
updating emission reporting years and
E:\FR\FM\30JNP1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 123 (Wednesday, June 30, 2021)]
[Proposed Rules]
[Pages 34676-34677]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-13923]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 21-CRB-0002-PBR (2023-2027)]
Determination of Rates and Terms for Public Broadcasting (PB IV)
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges publish for comment proposed
regulations that set rates and terms for the use of certain copyrighted
works by public broadcasting entities for the period beginning January
1, 2023, and ending December 31, 2027.
DATES: Comments and objections, if any, are due no later than July 30,
2021.
ADDRESSES: You may send comments, identified by docket number 21-CRB-
0002-PBR (2023-2027), online through eCRB at https://app.crb.gov.
Instructions: To send your comment through eCRB, if you don't have
a user account, you will first need to register for an account and wait
for your registration to be approved. Approval of user accounts is only
available during business hours. Once you have an approved account, you
can only sign in and file your comment after setting up multi-factor
authentication, which can be done at any time of day. All comments must
include the Copyright Royalty Board name and the docket number for this
proposed rule. All properly filed comments will appear without change
in eCRB at https://app.crb.gov, including any personal information
provided.
Docket: For access to the docket to read background documents or
comments received, go to eCRB at https://app.crb.gov and perform a case
search for docket 21-CRB-0002-PBR (2023-2027).
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
at 202-707-7658 or [email protected].
SUPPLEMENTARY INFORMATION:
Background
Section 118 of the Copyright Act, title 17 of the United States
Code, establishes a statutory license for the use of certain
copyrighted works in connection with noncommercial television and radio
broadcasting. 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 118 license. 17 U.S.C.
801(b)(1), 804(b)(6). Accordingly, the Judges commenced a proceeding in
January 2021, by publishing notice of the commencement of the
proceeding and a request that interested parties submit petitions to
participate. 86 FR 325 (Jan. 5, 2021).
The Judges received petitions to participate in the current
proceeding from The American Society of Authors, Composers and
Publishers (ASCAP); Broadcast Music, Inc. (BMI); Church Music
Publishers' Association, Inc. (CMPA); Educational Media Foundation
(EMF); Global Music Rights, LLC; National Religious Broadcasters
Noncommercial Music License Committee (NRBNMLC); David Powell; Public
Broadcasting Entities (Corporation for Public Broadcasting (CPB),
National Public Radio (NPR), and Public Broadcasting Service (PBS));
SESAC Performing Rights, LLC (SESAC); and The Harry Fox Agency LLC
(HFA).
The Judges gave notice to all participants of the three-month
negotiation period required by 17 U.S.C. 803(b)(3) and directed that,
if the participants were unable to negotiate a settlement, they should
submit Written Direct Statements no later than September 10, 2021.
Notice of Participants, Commencement of Voluntary Negotiation Period,
and Case Scheduling Order (Feb. 9, 2021).
There are two ways copyright owners and public broadcasting
entities \1\ may negotiate rates and terms under the section 118
statutory license. First, copyright owners may negotiate rates and
terms with specific public broadcasting entities for the use of all of
the copyright owners' works covered by the license. Section 118(b)(2)
provides that such license agreements ``shall be given effect in lieu
of any determination by the . . . Copyright Royalty Judges,'' provided
that copies of the agreement are submitted to the Judges ``within 30
days of execution.'' 17 U.S.C. 118(b)(2).
---------------------------------------------------------------------------
\1\ A ``public broadcasting entity'' is defined as a
``noncommercial educational broadcast station as defined in section
397 of title 47 and any nonprofit institution or organization
engaged in the activities described in paragraph (2) of subsection
(c)'' of section 118. 17 U.S.C. 118(f).
---------------------------------------------------------------------------
Second, copyright owners and public broadcasting entities may
negotiate rates and terms for categories of copyrighted works and uses
that would be binding on all owners and entities using the same license
and submit them to the Judges for approval. 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 the Judges shall provide notice and an
opportunity to comment on the agreement to (1) those that would be
bound by the terms, rates, or other determination set by the agreement
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.
On June 21, 2021, the Judges received a joint proposal from
participants HFA and NRBNMLC regarding fees for recording rights under
37 CFR 381.7(b)(4) for the period 2023-2027. Joint Proposal . . .
Regarding Fees for Recording Rights Under 37 CFR 381.7(B)(4) (June 21,
2021) (Proposal). The fees in Sec. 381.7(b)(4) apply to the
``recording of nondramatic performances and displays of musical works
for the types of uses described in 17 U.S.C. 118(c)(2)-(3) by
noncommercial radio stations other than uses in a radio program
produced by [NPR] and other than uses subject to voluntary license
agreements.'' Proposal at 2. HFA and NRBNMLC filed a proposal instead
of a notice of settlement because NRBNMLC does not represent all radio
stations subject to the fees. Id. Participant EMF joins in the
proposal. Id. at 3 n.2.
The Proposal states that the fees in Sec. 381.7(b)(4) should be
modified. See id. at 2-3. It also proposes carrying forward
[[Page 34677]]
unchanged (except to replace ``January 1, 2018'' with ``January 1,
2023'' and ``December 31, 2022'' with ``December 31, 2027'') current
provisions set forth in Sec. Sec. 381.1, 381.2, 381.9, and 381.11. Id.
The Judges solicit comments on whether they should adopt the
proposed regulations as statutory rates and terms relating to the
reproduction, distribution, performance or display of certain works by
public broadcasting entities (as defined in 17 U.S.C. 118(f)) in the
course of the activities described in 17 U.S.C. 118(c).
Comments and objections regarding the proposed changes must be
submitted no later than July 30, 2021.
List of Subjects in 37 CFR Part 381
Copyright, Music, Radio, Television, Rates.
For the reasons set forth in the preamble, the Copyright Royalty
Judges propose to amend 37 CFR part 381 as follows:
PART 381--USE OF CERTAIN COPYRIGHTED WORKS IN CONNECTION WITH
NONCOMMERCIAL EDUCATIONAL BROADCASTING
0
1. The authority citation for part 381 continues to read as follows:
Authority: 17 U.S.C. 118, 801(b)(1), 803.
0
2. Revise Sec. 381.1 to read as follows:
Sec. 381.1 General.
This part establishes terms and rates of royalty payments for
certain activities using published nondramatic musical works and
published pictorial, graphic and sculptural works during a period
beginning on January 1, 2023, and ending on December 31, 2027. Upon
compliance with 17 U.S.C. 118, and the terms and rates of this part, a
public broadcasting entity may engage in the activities with respect to
such works set forth in 17 U.S.C. 118(c).
0
3. Revise Sec. 381.7(b)(4) to read as follows:
Sec. 381.7 Recording rights, rates and terms.
* * * * *
(b) * * *
(4) For such uses other than in an NPR-produced radio program:
2023-2027
(i) Feature................................................. $ .83
(ii) Feature (concert) (per half hour)...................... 1.72
(iii) Background............................................ .42
* * * * *
Dated June 24, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
[FR Doc. 2021-13923 Filed 6-29-21; 8:45 am]
BILLING CODE 1410-72-P
