81 FR 71657 - Determination of Rates and Terms for Making and Distributing Phonorecords (Phonorecords III); Comment Period Extension
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 81, Issue 201 (October 18, 2016)
Copyright Royalty Board
Federal Register Volume 81, Issue 201 (October 18, 2016)
| Page Range | 71657-71658 | |
| FR Document | 2016-25075 |
[Federal Register Volume 81, Number 201 (Tuesday, October 18, 2016)] [Proposed Rules] [Pages 71657-71658] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25075] ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 385 [Docket No. 16-CRB-0003-PR (2018-2022)] Determination of Rates and Terms for Making and Distributing Phonorecords (Phonorecords III); Comment Period Extension AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Proposed rule; extension of comment period for reply comments. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges announce that they will accept reply comments in response to comments they received about a proposed rule regarding rates and terms applicable during the upcoming rate period for the section 115 statutory license for making and distributing phonorecords of nondramatic musical works. DATES: Reply comments for the proposed rule published July 25, 2016 (81 FR 48371) are due no later than November 17, 2016. ADDRESSES: The proposed rule and the comments filed in response to it are posted on the agency's Web site (www.loc.gov/crb). The proposed rule is also posted at Regulations.gov (www.regulations.gov). Interested parties may submit reply comments via email to [email protected]. Those who choose not to submit reply comments via email should see How to Submit Reply Comments in the SUPPLEMENTARY INFORMATION section below for online and physical addresses and further instructions. FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, Attorney Advisor, by telephone at (202) 707-7658, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On July 25, 2016, the Judges published a proposed rule and requested comments. 81 FR 48371. The proposed rule was based upon a partial settlement \1\ regarding copyright royalty rates and terms applicable during the upcoming rate period for the section 115 statutory license for making and distributing phonorecords of nondramatic musical works. See Joint Motion to Adopt Partial Settlement, Docket No. 16-CRB-0003-PR (2018-2022) (June 15, 2016). --------------------------------------------------------------------------- \1\ The participants filing the motion were Church Music Publishers Association, Nashville Songwriters Association International, National Music Publishers Association, Harry Fox Agency, and Songwriters of North America, and licensees Universal Music Group and Warner Music Group. --------------------------------------------------------------------------- On or before August 24, 2016, the Judges received two timely comments, one from the American Association of Independent Music (A2IM) that supported it and one from Sony Music Entertainment (``Sony'') that supported it in part and opposed it in part. On August 30, 2016, the National Music Publishers' Association and the Nashville Songwriters Association International filed a joint Motion for Leave to Respond to the Comments and Objections of Sony Music Entertainment Concerning Proposed Settlement (Joint Motion). In the interest of promoting a more complete record with regard to the proposed rule, the Judges will grant the Joint Motion. In addition, the Judges hereby announce that they will accept, without additional motions required, additional reply comments, if any, to the comments filed by A2IM and Sony. The reply comments, if any, must be submitted no later than November 17, 2016. How To Submit Reply Comments Interested members of the public must submit reply comments to only one of the following addresses. If not submitting by email or online, commenters must submit an original of their reply comments, five paper copies, and an electronic version in searchable PDF format on a CD. Email: [email protected]; or Online: http://www.regulations.gov; or [[Page 71658]] U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or Overnight service (only USPS Express Mail is acceptable): Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977; or Commercial courier: Address package to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM-403, 101 Independence Avenue SE., Washington, DC 20559-6000. Deliver to: Congressional Courier Acceptance Site, 2nd Street NE. and D Street NE., Washington, DC; or Hand delivery: Library of Congress, James Madison Memorial Building, LM-401, 101 Independence Avenue SE., Washington, DC 20559- 6000. Dated: October 12, 2016. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2016-25075 Filed 10-17-16; 8:45 am] BILLING CODE 1410-72-P
![Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Proposed Rules 71657
Unfunded Mandates Reform Act of domestic or foreign patent practitioner parties may submit reply comments via
1995. See 2 U.S.C. 1501 et seq. that is reasonably necessary or incident email to crb@loc.gov. Those who choose
to the scope of the patent practitioner’s not to submit reply comments via email
M. National Environmental Policy Act
authority shall receive the same should see How to Submit Reply
This rulemaking will not have any protections of privilege as if that Comments in the SUPPLEMENTARY
effect on the quality of the environment communication were between a client INFORMATION section below for online
and is thus categorically excluded from and an attorney authorized to practice and physical addresses and further
review under the National in the United States, including all instructions.
Environmental Policy Act of 1969. See limitations and exceptions. FOR FURTHER INFORMATION CONTACT:
42 U.S.C. 4321 et seq. (b) Definitions. The term ‘‘domestic Kimberly Whittle, Attorney Advisor, by
N. National Technology Transfer and patent practitioner’’ means a person telephone at (202) 707–7658, or by
Advancement Act who is registered by the United States email at crb@loc.gov.
Patent and Trademark Office to practice
The requirements of section 12(d) of SUPPLEMENTARY INFORMATION: On July
before the agency under section 11.6.
the National Technology Transfer and ‘‘Foreign patent practitioner’’ means a 25, 2016, the Judges published a
Advancement Act of 1995 (15 U.S.C. person who is authorized to provide proposed rule and requested comments.
272 note) are not applicable because this legal advice on patent matters in a 81 FR 48371. The proposed rule was
rulemaking does not contain provisions foreign jurisdiction, provided that the based upon a partial settlement 1
which involve the use of technical jurisdiction establishes professional regarding copyright royalty rates and
standards. qualifications and the practitioner terms applicable during the upcoming
satisfies them, and regardless of whether rate period for the section 115 statutory
O. Paperwork Reduction Act license for making and distributing
that jurisdiction provides privilege or an
The Paperwork Reduction Act of 1995 equivalent under its laws. phonorecords of nondramatic musical
(44 U.S.C. 3501–3549) requires that the works. See Joint Motion to Adopt Partial
Office consider the impact of paperwork Dated: October 12, 2016. Settlement, Docket No. 16–CRB–0003–
and other information collection Michelle K. Lee, PR (2018–2022) (June 15, 2016).
burdens imposed on the public. This Under Secretary of Commerce for Intellectual On or before August 24, 2016, the
proposed rule not does not involve any Property and Director of the United States Judges received two timely comments,
new information collection Patent and Trademark Office. one from the American Association of
requirements that are subject to review [FR Doc. 2016–25141 Filed 10–17–16; 8:45 am] Independent Music (A2IM) that
by the Office of Management and BILLING CODE 3510–16–P supported it and one from Sony Music
Budget (OMB) under the Paperwork Entertainment (‘‘Sony’’) that supported
Reduction Act of 1995 (44 U.S.C. 3501– it in part and opposed it in part.
3549). Any information collections LIBRARY OF CONGRESS On August 30, 2016, the National
associated with this rule have been Music Publishers’ Association and the
previously approved under OMB Copyright Royalty Board Nashville Songwriters Association
control number 0651–0069. International filed a joint Motion for
Notwithstanding any other provision 37 CFR Part 385 Leave to Respond to the Comments and
of law, no person is required to respond [Docket No. 16–CRB–0003–PR (2018–2022)] Objections of Sony Music Entertainment
to, nor shall any person be subject to, a Concerning Proposed Settlement (Joint
penalty for failure to comply with a Determination of Rates and Terms for Motion). In the interest of promoting a
collection of information subject to the Making and Distributing Phonorecords more complete record with regard to the
requirements of the Paperwork (Phonorecords III); Comment Period proposed rule, the Judges will grant the
Reduction Act unless that collection of Extension Joint Motion. In addition, the Judges
information displays a currently valid hereby announce that they will accept,
AGENCY: Copyright Royalty Board,
OMB control number. without additional motions required,
Library of Congress.
additional reply comments, if any, to
List of Subjects in 37 CFR Part 42 ACTION: Proposed rule; extension of the comments filed by A2IM and Sony.
Administrative practice and comment period for reply comments. The reply comments, if any, must be
procedure, inventions and patents. submitted no later than November 17,
SUMMARY: The Copyright Royalty Judges
For the reasons set forth in the announce that they will accept reply 2016.
preamble, 37 CFR part 42 is proposed to comments in response to comments How To Submit Reply Comments
be amended as follows: they received about a proposed rule
Interested members of the public must
regarding rates and terms applicable
PART 42—TRIAL PRACTICE BEFORE submit reply comments to only one of
during the upcoming rate period for the
THE PATENT TRIAL AND APPEAL the following addresses. If not
section 115 statutory license for making
BOARD submitting by email or online,
and distributing phonorecords of
commenters must submit an original of
■ 1. The authority citation for 37 CFR nondramatic musical works.
their reply comments, five paper copies,
Part 42 continues to read as follows: DATES: Reply comments for the and an electronic version in searchable
Authority: 35 U.S.C. 2(b)(2), 6, 21, 23, 41, proposed rule published July 25, 2016 PDF format on a CD.
(81 FR 48371) are due no later than Email: crb@loc.gov; or
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135, 311, 312, 316, 321–326; Pub. L. 112–29,
125 Stat. 284; and Pub. L. 112–274, 126 Stat. November 17, 2016. Online: http://www.regulations.gov; or
2456. ADDRESSES: The proposed rule and the
■ 2. Add § 42.57 to read as follows: comments filed in response to it are 1 The participants filing the motion were Church
posted on the agency’s Web site Music Publishers Association, Nashville
§ 42.57 Privilege for patent practitioners. Songwriters Association International, National
(www.loc.gov/crb). The proposed rule is Music Publishers Association, Harry Fox Agency,
(a) Privileged communications. A also posted at Regulations.gov and Songwriters of North America, and licensees
communication between a client and a (www.regulations.gov). Interested Universal Music Group and Warner Music Group.
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![71658 Federal Register / Vol. 81, No. 201 / Tuesday, October 18, 2016 / Proposed Rules
U.S. mail: Copyright Royalty Board, of Veterans Affairs, 810 Vermont Ave. hardship to individuals insured under
P.O. Box 70977, Washington, DC 20024– NW., Room 1068, Washington, DC the program. We realize that allowing
0977; or 20420; or by fax to (202) 273–9026. eligible individuals to carry an amount
Overnight service (only USPS Express Comments should indicate that they are of VMLI lower than the amount
Mail is acceptable): Copyright Royalty submitted in response to ‘‘RIN 2900– outstanding on the mortgage loan may
Board, P.O. Box 70977, Washington, DC AP49—Veterans’ Mortgage Life result in circumstances where an
20024–0977; or Insurance—Coverage Amendment.’’ insured dies with a balance on the loan
Commercial courier: Address package Copies of comments received will be that exceeds the amount of VMLI in
to: Copyright Royalty Board, Library of available for public inspection in the effect, which currently occurs when an
Congress, James Madison Memorial Office of Regulation Policy and individual’s mortgage balance exceeds
Building, LM–403, 101 Independence Management, Room 1068, between the the statutory maximum level of
Avenue SE., Washington, DC 20559– hours of 8 a.m. and 4:30 p.m., Monday coverage. In such a situation, the
6000. Deliver to: Congressional Courier through Friday (except holidays). Please individual’s survivors may have to
Acceptance Site, 2nd Street NE. and D call (202) 461–4902 for an appointment. assume payment on the mortgage.
Street NE., Washington, DC; or (This is not a toll-free number.) In However, VA believes that it is
Hand delivery: Library of Congress, addition, during the comment period, preferable for individuals to participate
James Madison Memorial Building, LM– comments may be viewed online in the VMLI program to the extent they
401, 101 Independence Avenue SE., through the Federal Docket Management can financially, rather than foregoing
Washington, DC 20559–6000. System (FDMS) at http:// coverage entirely because they cannot
www.Regulations.gov. afford it. If an eligible individual opts
Dated: October 12, 2016.
FOR FURTHER INFORMATION CONTACT: out of the program, and then dies with
Suzanne M. Barnett, an outstanding balance on the loan, his
Chief Copyright Royalty Judge. Jeanne King, Attorney-Advisor,
Insurance Service, Department of or her survivors could ultimately be
[FR Doc. 2016–25075 Filed 10–17–16; 8:45 am] forced to assume an even greater
Veterans Affairs (310/290B), 5000
BILLING CODE 1410–72–P
Wissahickon Avenue, P.O. Box 8079, indebtedness than if the individual had
Philadelphia, PA 19101, (215) 842– carried partial VMLI coverage.
Individuals often seek to lower their
2000, ext. 4839. (This is not a toll-free
DEPARTMENT OF VETERANS VMLI premiums by requesting an
number.)
AFFAIRS amount of coverage less than both the
SUPPLEMENTARY INFORMATION: The statutory limit and the amount
38 CFR Part 8a Veterans’ Mortgage Life Insurance necessary to pay the mortgage
(VMLI) program was established in 1971 indebtedness in full. For example, from
RIN 2900–AP49 to provide mortgage protection January 1, 2005, to December 31, 2010,
insurance to service-disabled veterans when the statutory coverage limit was
Veterans’ Mortgage Life Insurance— who receive Specially Adapted Housing $90,000, VA received 231 requests to
Coverage Amendment Grants from VA. Under 38 U.S.C. terminate existing VMLI coverage. VA
AGENCY: Department of Veterans Affairs. 2106(g), the amount of VMLI coverage reviewed approximately 100 requests to
for a veteran is the amount necessary to determine if financial hardship was a
ACTION: Proposed rule. pay the veteran’s mortgage indebtedness factor in individuals’ decisions to
SUMMARY: The Department of Veterans in full, except as limited by section terminate coverage. Thirty percent of
Affairs (VA) proposes to amend its 2106(b) or ‘‘regulations prescribed by veterans who terminated their coverage
regulations governing the Veterans’ the Secretary under this section.’’ during that period stated that the
Mortgage Life Insurance (VMLI) Section 2106(b) currently limits the premium charged for their coverage was
program in order to provide VMLI- amount of VMLI available to $200,000. the main factor motivating their
eligible individuals the option to lower Therefore, currently, a veteran who has requests.
their premiums by purchasing less than a mortgage indebtedness that is greater Effective October 1, 2011, the
the minimum coverage amount required than $200,000 and seeks VMLI must be Veterans’ Benefits Act of 2010 raised the
under current VA regulations. The covered in the amount of $200,000 and statutory maximum coverage for VMLI
proposed rule would also amend pay the corresponding premiums for from $90,000 to $150,000, and to
current VA regulations to reflect that the such coverage. VA has concluded that $200,000 after January 1, 2012. See
statutory maximum amount of coverage requiring this level of coverage in such Public Law 111–275, Title IV, § 407, 124
available under the VMLI program was circumstance may cause some Stat. 2864, 2880. Depending on a
previously increased to $200,000, to individuals to forego VMLI protection veteran’s age and mortgage balance, this
define the term ‘‘eligible individual,’’ because they cannot afford the statutory change could cause an
and to clarify that eligibility for VMLI premiums. To address this specific individual’s monthly premiums to
coverage has been extended to include problem and to allow veterans to pay increase by almost $400.00—from less
servicemembers as well as veterans. lower premiums regardless of their than $460.00 to more than $850.00 per
These additional amendments are mortgage indebtedness, VA proposes to month. As such, VA has concluded that,
necessary to conform the existing exercise its explicit statutory authority because premiums for the new statutory
regulations to current statutory set forth in section 2106(g) and amend maximum amount of $200,000 are
provisions. its regulations to permit program considerably higher than premiums for
participants to lower their premiums by the former maximum amount, an
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DATES: Comments must be received on carrying VMLI in an amount less than increasing number of individuals may
or before December 19, 2016. both the $200,000 statutory maximum terminate their VMLI coverage or
ADDRESSES: Written comments may be and the amount necessary to pay the decline coverage entirely unless VA
submitted through http:// covered mortgage indebtedness in full. offers options to buy a lesser amount of
www.Regulations.gov; by mail or hand As noted, paying the premiums on the VMLI.
delivery to Director, Regulation Policy level of coverage required under current To promptly address this problem,
and Management (00REG), Department regulations can present a financial VA adopted an interim policy allowing
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Document Created: 2016-10-17 23:52:32
Document Modified: 2016-10-17 23:52:32
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule; extension of comment period for reply comments. | |
| Dates | Reply comments for the proposed rule published July 25, 2016 (81 FR 48371) are due no later than November 17, 2016. | |
| Contact | Kimberly Whittle, Attorney Advisor, by telephone at (202) 707-7658, or by email at [email protected] | |
| FR Citation | 81 FR 71657 |
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