Cost of Living Adjustment to Royalty Rates and Terms for Making and Distributing Phonorecords; Correction, 88253-88254 [2023-28075]
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Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations
■
2. Add § 177.T200 to read as follows:
§ 117.T200
Turner Cut.
The draw of the Zuckerman Brothers
(McDonald Island) bridge, mile 2.3, near
Stockton need not open for the passage
of vessels.
[FR Doc. 2023–28098 Filed 12–20–23; 8:45 am]
BILLING CODE 1410–72–P
Dated: December 15, 2023.
Andrew M. Sugimoto,
Rear Admiral, U.S. Coast Guard Commander,
Eleventh Coast Guard District.
LIBRARY OF CONGRESS
[FR Doc. 2023–28146 Filed 12–20–23; 8:45 am]
37 CFR Part 385
BILLING CODE 9110–04–P
[Docket No. 23–CRB–0014–PR–COLA
(2024)]
LIBRARY OF CONGRESS
Copyright Royalty Board
Cost of Living Adjustment to Royalty
Rates and Terms for Making and
Distributing Phonorecords; Correction
37 CFR Part 380
AGENCY:
[Docket No. 19–CRB–0005–WR (2021–2025)
COLA (2024)
Cost of Living Adjustment to Royalty
Rates for Webcaster Statutory License;
Correction
khammond on DSKJM1Z7X2PROD with RULES
Dated: December 15, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
Copyright Royalty Board
Copyright Royalty Board,
Library of Congress.
ACTION: Correcting amendments; cost of
living adjustment.
On December 12, 2023, the
Copyright Royalty Judges amended
regulations governing royalty rates for
AGENCY: Copyright Royalty Board (CRB), making and distributing physical
phonorecords and Permanent
Library of Congress.
Downloads of nondramatic musical
ACTION: Final rule; correction.
works pursuant to statutory license.
SUMMARY: On November 30, 2023, the
That document inadvertently omitted
Copyright Royalty Judges amended
figures related to calculation of the
regulations governing royalty rates that
adjusted rates and listed an incorrect
commercial and noncommercial
per-minute rate.
noninteractive webcasters pay for
DATES:
eligible transmissions pursuant to the
Effective date: December 21, 2023.
statutory licenses for the public
Applicability date: These rates and
performance of and for the making of
terms are applicable during the period
ephemeral reproductions of sound
from January 1, 2024, through December
recordings. That document contained an
31, 2024.
incorrect reference to a rate. This
FOR FURTHER INFORMATION CONTACT:
document corrects that reference.
Anita Brown, Program Specialist, (202)
DATES:
707–7658, crb@loc.gov.
Effective date: This correction is
SUPPLEMENTARY INFORMATION: This
effective December 20, 2023.
Applicability dates: The adjusted rates document provides an amplification of
as published on November 30, 2023, are the information in the SUPPLEMENTARY
applicable to the period January 1, 2024, INFORMATION section and a correction to
through December 31, 2024.
a rate in the Final Regulations in the
final rule/cost of living adjustment
FOR FURTHER INFORMATION CONTACT:
document published in the Federal
Anita Brown, (202) 707–7658, crb@
Register on December 12, 2023 (88 FR
loc.gov.
86058).
SUPPLEMENTARY INFORMATION: On
Section 115 of the Copyright Act, title
November 30, 2023, at 88 FR 83508, the
17
of the United States Code, creates a
Copyright Royalty Judges published a
statutory license for making and
rule that contained an incorrect
reference to a rate in the SUPPLEMENTARY distributing phonorecords of
nondramatic musical works. On
INFORMATION section. This document
December 16, 2022, the Copyright
corrects that reference.
Royalty Judges (Judges) adopted final
Correction
regulations governing the rates and
terms of copyright royalty payments
In the Federal Register of Thursday,
under that license for the license period
November 30, 2023, in FR Rule Doc.
2024–2027 for making and distributing
2023–26221, appearing on page 83508,
phonorecords of nondramatic musical
make the following correction:
1. On page 85309, in the first column, works. See 87 FR 76942.
Pursuant to those regulations, at least
in the fourth paragraph, correct
25 days before January 1 of each year,
‘‘$0.20025’’ to read ‘‘$0.0025’’.
VerDate Sep<11>2014
15:43 Dec 20, 2023
Jkt 262001
SUMMARY:
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88253
the Judges shall publish in the Federal
Register notice of a cost of living
adjustment (COLA) applicable to the
royalty fees for making and distributing
physical phonorecords and Permanent
Downloads. See 37 CFR 385.11.
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) published in November 2022
(298.012) 1 (‘‘base rate’’) according to the
formulas: for the per-work rate, (1 + (Cy
¥ 298.012 2)/298.012) × 12¢, rounded to
the nearest tenth of a cent; for the perminute rate, (1 + (Cy ¥ 298.012)/
298.012) × 2.31¢, rounded to the nearest
hundredth of a cent; where Cy is the
CPI–U published by the Secretary of
Labor before December 1 of the
preceding year. 37 CFR 385.11(a)(2).
The CPI–U published by the Secretary
of Labor from the most recent index
published before December 1, 2023, is
307.671.3 Applying the formulas in 37
CFR 385.11(a)(2) results in an increase
in the rates for 2024.
The adjusted rates for 2024 are 12.4
cents for the per-work rate and 2.38
cents for the per-minute rate.
Details of the required calculations
were inadvertently omitted from the
document published in the Federal
Register on December 12, 2023 (88 FR
86058). This document provides, in the
SUPPLEMENTARY INFORMATION section
herein, additional details of and results
of the calculations, and corrects the
amount for the per-minute rate in the
Final Regulations herein.
List of Subjects in 37 CFR Part 385
Copyright, Phonorecords, Recordings.
Final Regulations
In consideration of the foregoing, the
Judges correct part 385 of title 37 of the
Code of Federal Regulations by making
the following correcting amendment:
PART 385—RATES AND TERMS FOR
USE OF NONDRAMATIC MUSICAL
WORKS IN THE MAKING AND
DISTRIBUTING OF PHYSICAL AND
DIGITAL PHONORECORDS
1. The authority citation for part 385
continues to read as follows:
■
Authority: 17 U.S.C. 115, 801(b)(1),
804(b)(4).
1 The CPI–U published in November 2022 is
available at https://www.bls.gov/news.release/
archives/cpi_11102022.htm at Table 1.
2 Base rate.
3 The CPI–U announced on November 14, 2023,
by the Bureau of Labor Statistics in its Consumer
Price Index News Release—Consumer Price Index,
is available at https://www.bls.gov/news.release/
archives/cpi_11142023.htm at Table 1.
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88254
Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations
2. Section 385.11 is amended by
revising paragraph (a)(1) to read as
follows:
ACTION:
■
§ 385.11
The Environmental Protection
Agency (EPA) is taking final action to
approve a revision to the San Diego
County Air Pollution Control District
(SDCAPCD) portion of the California
State Implementation Plan (SIP). This
revision concerns emissions of oxides of
nitrogen (NOX) from small boilers,
process heaters, steam generators, and
large water heaters. We are approving a
local rule that regulates these emission
sources under the Clean Air Act (CAA
or ‘‘the Act’’).
DATES: This rule is effective January 22,
2024.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2023–0157. 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 (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the FOR FURTHER
INFORMATION CONTACT section for
additional availability information. If
SUMMARY:
Royalty rates.
(a) * * *
(1) 2024 rate. For the year 2024 for
every physical phonorecord and
Permanent Download the Licensee
makes and distributes or authorizes to
be made and distributed, the royalty rate
payable for each work embodied in the
phonorecord or Permanent Download
shall be either 12.4 cents or 2.38 cents
per minute of playing time or fraction
thereof, whichever amount is larger.
*
*
*
*
*
Dated: December 15, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023–28075 Filed 12–20–23; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2023–0157; FRL–10778–
02–R9]
Air Plan Approval; California; San
Diego County Air Pollution Control
District; Oxides of Nitrogen
Environmental Protection
Agency (EPA).
AGENCY:
Local agency
Final rule.
Rule No.
SDCAPCD ........
SDCAPCD ........
69.2.1 ......
69.2.1 ......
you need assistance in a language other
than English or if you are a person with
a disability who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Alina Batool, EPA Region IX, 75
Hawthorne St., San Francisco, CA
94105; by phone at (415) 972–3345 or by
email at batool.alina@epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Proposed Action
II. Public Comments and EPA Responses
III. EPA Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Proposed Action
On July 26, 2023 (88 FR 48150), the
EPA proposed to approve the following
rule into the California SIP.
Rule title
Adopted
Small Boilers, Process Heaters, Steam Generators, and Large Water Heaters ......
Small Boilers, Process Heaters, Steam Generators, and Large Water Heaters ......
a 07/08/20
a 07/08/20
Submitted
09/21/20
09/21/20
a SDCAPCD locally adopted Rule 69.2.1 on March 25, 2009, and locally revised the rule on July 8, 2020. CARB submitted the version of the
rule that SDCAPCD revised on July 8, 2020, for inclusion in the California SIP. Note that, in terms of the use of the word ‘‘revised’’ or ‘‘amended’’
in the description of this rule, the supporting materials in SDCAPCD’s submission refer to the rule as an ‘‘amended rule,’’ but the submitted rule
text uses the abbreviation, ‘‘rev,’’ for ‘‘revision.’’ For purposes of consistency in incorporating by reference, we are substituting the word ‘‘revised’’
for ‘‘amended,’’ because the two terms are used interchangeably but the rule text uses the term ‘‘revision.’’
We proposed to approve this rule
because we determined that it complies
with the relevant CAA requirements.
Our proposed action contains more
information on the rule and our
evaluation.
khammond on DSKJM1Z7X2PROD with RULES
II. Public Comments and EPA
Responses
The EPA’s proposed action provided
a 30-day public comment period. During
this period, we received one comment
that was supportive of the proposed
action.
III. EPA Action
No comments were submitted that
change our assessment of the rule as
described in our proposed action.
Therefore, as authorized in section
VerDate Sep<11>2014
15:43 Dec 20, 2023
Jkt 262001
110(k)(3) of the Act, the EPA is fully
approving this rule into the California
SIP.
IV. Incorporation by Reference
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference. In
accordance with requirements of 1 CFR
51.5, the EPA is finalizing the
incorporation by reference of Rule
69.2.1, ‘‘Small Boilers, Process Heaters,
Steam Generators, and Large Water
Heaters,’’ revised on July 8, 2020, which
regulates NOX emissions from small
boilers, process heaters, steam
generators, and large water heaters with
a heat input rating from 75,000 British
thermal units (Btu) per hour to 2 million
Btu per hour that are manufactured,
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sold, offered for sale or distribution, or
installed for use within San Diego
County, California. The EPA has made,
and will continue to make, these
documents available through
www.regulations.gov and at the EPA
Region IX Office (please contact the
person identified in the FOR FURTHER
INFORMATION CONTACT section of this
preamble for more information).
V. Statutory and Executive Order
Reviews
Under the Clean Air Act, the
Administrator is required to approve a
SIP submission that complies with the
provisions of the Act and applicable
federal regulations. 42 U.S.C. 7410(k);
40 CFR 52.02(a). Thus, in reviewing SIP
submissions, the EPA’s role is to
E:\FR\FM\21DER1.SGM
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]]>Agencies
[Federal Register Volume 88, Number 244 (Thursday, December 21, 2023)]
[Rules and Regulations]
[Pages 88253-88254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28075]
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 385
[Docket No. 23-CRB-0014-PR-COLA (2024)]
Cost of Living Adjustment to Royalty Rates and Terms for Making
and Distributing Phonorecords; Correction
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Correcting amendments; cost of living adjustment.
-----------------------------------------------------------------------
SUMMARY: On December 12, 2023, the Copyright Royalty Judges amended
regulations governing royalty rates for making and distributing
physical phonorecords and Permanent Downloads of nondramatic musical
works pursuant to statutory license. That document inadvertently
omitted figures related to calculation of the adjusted rates and listed
an incorrect per-minute rate.
DATES:
Effective date: December 21, 2023.
Applicability date: These rates and terms are applicable during the
period from January 1, 2024, through December 31, 2024.
FOR FURTHER INFORMATION CONTACT: Anita Brown, Program Specialist, (202)
707-7658, [email protected].
SUPPLEMENTARY INFORMATION: This document provides an amplification of
the information in the SUPPLEMENTARY INFORMATION section and a
correction to a rate in the Final Regulations in the final rule/cost of
living adjustment document published in the Federal Register on
December 12, 2023 (88 FR 86058).
Section 115 of the Copyright Act, title 17 of the United States
Code, creates a statutory license for making and distributing
phonorecords of nondramatic musical works. On December 16, 2022, the
Copyright Royalty Judges (Judges) adopted final regulations governing
the rates and terms of copyright royalty payments under that license
for the license period 2024-2027 for making and distributing
phonorecords of nondramatic musical works. See 87 FR 76942.
Pursuant to those regulations, at least 25 days before January 1 of
each year, the Judges shall publish in the Federal Register notice of a
cost of living adjustment (COLA) applicable to the royalty fees for
making and distributing physical phonorecords and Permanent Downloads.
See 37 CFR 385.11.
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) published in November 2022 (298.012) \1\ (``base
rate'') according to the formulas: for the per-work rate, (1 + (Cy -
298.012 \2\)/298.012) x 12[cent], rounded to the nearest tenth of a
cent; for the per-minute rate, (1 + (Cy - 298.012)/298.012) x
2.31[cent], rounded to the nearest hundredth of a cent; where Cy is the
CPI-U published by the Secretary of Labor before December 1 of the
preceding year. 37 CFR 385.11(a)(2). The CPI-U published by the
Secretary of Labor from the most recent index published before December
1, 2023, is 307.671.\3\ Applying the formulas in 37 CFR 385.11(a)(2)
results in an increase in the rates for 2024.
---------------------------------------------------------------------------
\1\ The CPI-U published in November 2022 is available at https://www.bls.gov/news.release/archives/cpi_11102022.htm at Table 1.
\2\ Base rate.
\3\ The CPI-U announced on November 14, 2023, by the Bureau of
Labor Statistics in its Consumer Price Index News Release--Consumer
Price Index, is available at https://www.bls.gov/news.release/archives/cpi_11142023.htm at Table 1.
---------------------------------------------------------------------------
The adjusted rates for 2024 are 12.4 cents for the per-work rate
and 2.38 cents for the per-minute rate.
Details of the required calculations were inadvertently omitted
from the document published in the Federal Register on December 12,
2023 (88 FR 86058). This document provides, in the SUPPLEMENTARY
INFORMATION section herein, additional details of and results of the
calculations, and corrects the amount for the per-minute rate in the
Final Regulations herein.
List of Subjects in 37 CFR Part 385
Copyright, Phonorecords, Recordings.
Final Regulations
In consideration of the foregoing, the Judges correct part 385 of
title 37 of the Code of Federal Regulations by making the following
correcting amendment:
PART 385--RATES AND TERMS FOR USE OF NONDRAMATIC MUSICAL WORKS IN
THE MAKING AND DISTRIBUTING OF PHYSICAL AND DIGITAL PHONORECORDS
0
1. The authority citation for part 385 continues to read as follows:
Authority: 17 U.S.C. 115, 801(b)(1), 804(b)(4).
[[Page 88254]]
0
2. Section 385.11 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 385.11 Royalty rates.
(a) * * *
(1) 2024 rate. For the year 2024 for every physical phonorecord and
Permanent Download the Licensee makes and distributes or authorizes to
be made and distributed, the royalty rate payable for each work
embodied in the phonorecord or Permanent Download shall be either 12.4
cents or 2.38 cents per minute of playing time or fraction thereof,
whichever amount is larger.
* * * * *
Dated: December 15, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-28075 Filed 12-20-23; 8:45 am]
BILLING CODE 1410-72-P
