Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License, 83508-83509 [2023-26221]
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83508
Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
khammond on DSKJM1Z7X2PROD with 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 rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined 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 rule involves an
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emergency safety zone that will prohibit
entry to Lower Mississippi River below
Head of Passes. It is categorically
excluded from further review under
paragraph L60d of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A Record of
Environmental Consideration
supporting this determination will be
available in the docket after issuance or
publication of this rule. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email 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.
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 amends 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: 46 U.S.C. 70034, 70051, 70124;
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.3.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM Channel 16
or 67 or by telephone at (504) 365–2545.
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) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners
(BNMs), Local Notices to Mariners
(LNMs), and/or Marine Safety
Information Bulletins (MSIBs) as
appropriate.
(e) Enforcement period. This section
will be subject to enforcement from 5
p.m. on November 17, 2023, through
December 17, 2023. It will be subject to
enforcement this entire period unless
the COTP determines it is no longer
needed, in which case the Coast Guard
will inform mariners via Notice to
Mariners.
Dated: November 17, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2023–26295 Filed 11–29–23; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 380
[Docket No. 19–CRB–0005–WR (2021–2025)
COLA (2024)]
■
2. Add § 165.T08–0919 to read as
follows:
Cost of Living Adjustment to Royalty
Rates for Webcaster Statutory License
§ 165.T08–0919 Safety Zone; Gulf of
Mexico, Lower Mississippi River below
Head of Passes.
AGENCY:
(a) Location. The following area is a
safety zone: all navigable waters of
Lower Mississippi River below Head of
Passes.
(b) Definitions. As used in this
section, designated representative
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Sector New Orleans (COTP) in
the enforcement of the safety zone.
(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.
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Copyright Royalty Board (CRB),
Library of Congress.
ACTION: Final rule; cost of living
adjustment.
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: November 30, 2023.
Applicability dates: These rates are
applicable to the period January 1, 2024,
through December 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Anita Brown, (202) 707–7658, crb@
loc.gov.
SUMMARY:
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Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations
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 October 27, 2021, the
Copyright Royalty Judges (Judges)
adopted final regulations governing the
rates and terms of copyright royalty
payments under those licenses for the
license period 2021–2025 for
performances of sound recordings via
eligible transmissions by commercial
and noncommercial noninteractive
webcasters. See 86 FR 59452.
Pursuant to those regulations, at least
25 days before January 1 of each year
from 2022 to 2025, the Judges shall
publish in the Federal Register notice of
a cost of living adjustment (COLA)
applicable to the royalty fees for
performances of sound recordings via
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 Consumer
Price Index for all Urban Consumers
(CPI–U) from the CPI–U published in
November 2020 (260.229), according to
the formula: for subscription
performances, (1 + (Cy¥260.229)/
260.229) × $0.0026; for nonsubscription
performances, (1 + (Cy¥260.229)/
260.229) × $0.0021; for performances by
a noncommercial webcaster in excess of
159,140 Aggregate Tuning Hours (ATH)
per month, (1 + (Cy¥260.229)/260.229)
× $0.0021; where Cy is the CPI–U
published by the Secretary of Labor
before December 1 of the preceding
year. The adjusted rate 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, 2023, is 307.671.1 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 2024.
The 2024 rate for eligible
transmissions of sound recordings by
commercial webcasters is $0.0031 per
subscription performance and $0.20025
per nonsubscription performance.
Application of the increase to rates for
noncommercial webcasters results in a
2024 rate of $0.0025 per performance for
all digital audio transmissions in excess
khammond on DSKJM1Z7X2PROD with RULES
SUPPLEMENTARY INFORMATION:
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
1. The authority citation for part 380
continues to read as follows:
■
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 2024,
Licensees must pay royalty fees for all
Eligible Transmissions of sound
recordings at the following rates:
(1) Commercial webcasters: $0.0031
per Performance for subscription
services and $0.0025 per Performance
for nonsubscription services.
(2) Noncommercial webcasters:
$1,000 per year for each channel or
station and $0.0025 per Performance for
all digital audio transmissions in excess
of 159,140 ATH in a month on a
channel or station.
*
*
*
*
*
Dated: November 22, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023–26221 Filed 11–29–23; 8:45 am]
BILLING CODE 1410–72–P
1 This CPI–U was announced on November 14,
2023, by the Bureau of Labor Statistics in its
Consumer Price Index News Release—Consumer
Price Index, available at https://www.bls.gov/
news.release/cpi.htm at Table 1.
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83509
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 381
[Docket No. 23–CRB–0011–PBR (2023–
2027) COLA (2024)]
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 2024 of
published nondramatic musical
compositions in the SESAC Performing
Rights, LLC (SESAC) and Global Music
Rights, LLC (GMR) repertories pursuant
to the statutory license under the
Copyright Act for noncommercial
broadcasting.
SUMMARY:
DATES:
Effective date: November 30, 2023.
Applicability dates: These rates are
applicable to the period January 1, 2024,
through December 31, 2024.
FOR FURTHER INFORMATION CONTACT:
Anita Brown, CRB Program Assistant,
(202) 707–7658, 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 June 28, 2023, 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 2023–2027. See 88
FR 41827. 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) and (4)
relating to compositions in the repertory
of SESAC and GMR. 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
E:\FR\FM\30NOR1.SGM
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Agencies
[Federal Register Volume 88, Number 229 (Thursday, November 30, 2023)]
[Rules and Regulations]
[Pages 83508-83509]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-26221]
=======================================================================
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LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 380
[Docket No. 19-CRB-0005-WR (2021-2025) COLA (2024)]
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: November 30, 2023.
Applicability dates: These rates are applicable to the period
January 1, 2024, through December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707-7658,
[email protected].
[[Page 83509]]
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 October 27, 2021, the Copyright Royalty Judges (Judges)
adopted final regulations governing the rates and terms of copyright
royalty payments under those licenses for the license period 2021-2025
for performances of sound recordings via eligible transmissions by
commercial and noncommercial noninteractive webcasters. See 86 FR
59452.
Pursuant to those regulations, at least 25 days before January 1 of
each year from 2022 to 2025, the Judges shall publish in the Federal
Register notice of a cost of living adjustment (COLA) applicable to the
royalty fees for performances of sound recordings via 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 Consumer Price Index for all Urban
Consumers (CPI-U) from the CPI-U published in November 2020 (260.229),
according to the formula: for subscription performances, (1 +
(Cy-260.229)/260.229) x $0.0026; for nonsubscription
performances, (1 + (Cy-260.229)/260.229) x $0.0021; for
performances by a noncommercial webcaster in excess of 159,140
Aggregate Tuning Hours (ATH) per month, (1 + (Cy-260.229)/
260.229) x $0.0021; where Cy is the CPI-U published by the
Secretary of Labor before December 1 of the preceding year. The
adjusted rate 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, 2023, is 307.671.\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 2024.
---------------------------------------------------------------------------
\1\ This CPI-U was announced on November 14, 2023, by the Bureau
of Labor Statistics in its Consumer Price Index News Release--
Consumer Price Index, available at https://www.bls.gov/news.release/cpi.htm at Table 1.
---------------------------------------------------------------------------
The 2024 rate for eligible transmissions of sound recordings by
commercial webcasters is $0.0031 per subscription performance and
$0.20025 per nonsubscription performance.
Application of the increase to rates for noncommercial webcasters
results in a 2024 rate of $0.0025 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 2024, Licensees must pay royalty
fees for all Eligible Transmissions of sound recordings at the
following rates:
(1) Commercial webcasters: $0.0031 per Performance for subscription
services and $0.0025 per Performance for nonsubscription services.
(2) Noncommercial webcasters: $1,000 per year for each channel or
station and $0.0025 per Performance for all digital audio transmissions
in excess of 159,140 ATH in a month on a channel or station.
* * * * *
Dated: November 22, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-26221 Filed 11-29-23; 8:45 am]
BILLING CODE 1410-72-P