81 FR 83141 - Procedural Regulations for the Copyright Royalty Board: Rates and Terms for Statutory Licenses; Technical Amendment
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 81, Issue 224 (November 21, 2016)
Copyright Royalty Board
Federal Register Volume 81, Issue 224 (November 21, 2016)
| Page Range | 83141-83142 | |
| FR Document | 2016-27885 |
[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)] [Rules and Regulations] [Pages 83141-83142] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27885] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 388 [Docket No. 16-CRB-0019-RM] Procedural Regulations for the Copyright Royalty Board: Rates and Terms for Statutory Licenses; Technical Amendment AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Final rule; technical amendment. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges are amending their regulations to relocate the provisions regarding coin-operated phonorecord players from the section of the Code of Federal Regulations (CFR) that contains Copyright Arbitration Royalty Panel (CARP) regulations to the section of the CFR that contains Copyright Royalty Board (CRB) regulations so that the Copyright Office may remove the outdated CARP regulation. DATES: Effective on November 21, 2016. FOR FURTHER INFORMATION CONTACT: Kimberly Whittle, Attorney Advisor, by telephone at (202) 707-7658 or by email at [email protected]. SUPPLEMENTARY INFORMATION: On October 3, 2016, the Copyright Office published a proposed rulemaking that, in part, proposes to eliminate obsolete CARP regulations from the CFR. 81 FR 67940, 67942. One of the CARP provisions, the regulation regarding rates for the statutory license for jukeboxes, is not obsolete and is therefore the only provision that would remain.\1\ See 37 CFR 254. That provision could have been moved to the CRB section of the CFR earlier, but because the rates have remained unchanged for many years, neither the Copyright Office nor the CRB has moved the regulation. --------------------------------------------------------------------------- \1\ The Copyright Office proposed rulemaking indicated that part 256 will also remain, but the CRB recently gave notice of relocation of that part to part 387 and has notified the Copyright Office of that fact so it may now eliminate part 256 from Chapter II. Id.; 81 FR 62812 (Sept. 13, 2016). --------------------------------------------------------------------------- The Copyright Royalty Judges hereby relocate that provision by adding it to Chapter III of title 37 of the CFR, the chapter governing CRB activities. List of Subjects in 37 CFR Part 388 Copyright, Jukeboxes, Rates. Final Regulations For the reasons set out in the preamble, the Copyright Royalty Judges amend 37 CFR chapter III by adding part 388 to read as follows: PART 388--ADJUSTMENT OF ROYALTY RATE FOR COIN-OPERATED PHONORECORD PLAYERS Sec. 388.1 General. 388.2 Definition of coin-operated phonorecord player. 388.3 Compulsory license fees for coin-operated phonorecord players. Authority: 17 U.S.C. 116, 801(b)(1). Sec. 388.1 General. This part 388 establishes the compulsory license fees for coin- operated phonorecord players beginning on January 1, 1982, in accordance with the provisions of 17 U.S.C. 116. [[Page 83142]] Sec. 388.2 Definition of coin-operated phonorecord player. As used in this part, the term coin-operated phonorecord player is a machine or device that: (a) Is employed solely for the performance of nondramatic musical works by means of phonorecords upon being activated by insertion of coins, currency, tokens, or other monetary units or their equivalent; (b) Is located in an establishment making no direct or indirect charge for admission; (c) Is accompanied by a list of the titles of all the musical works available for performance on it, which list is affixed to the phonorecord player or posted in the establishment in a prominent position where it can be readily examined by the public; and (d) Affords a choice of works available for performance and permits the choice to be made by the patrons of the establishment in which it is located. Sec. 388.3 Compulsory license fees for coin-operated phonorecord players. (a) Commencing January 1, 1982, the annual compulsory license fee for a coin-operated phonorecord player shall be $25. (b) Commencing January 1, 1984, the annual compulsory license fee for a coin-operated phonorecord player shall be $50. (c) Commencing January 1, 1987, the annual compulsory license fee for a coin-operated phonorecord player shall be $63. (d) If performances are made available on a particular coin- operated phonorecord player for the first time after July 1 of any year, the compulsory license fee for the remainder of that year shall be one half of the annual rate of paragraph (a), (b), or (c) of this section, whichever is applicable. (e) Commencing January 1, 1990, the annual compulsory license fee for a coin-operated phonorecord player is suspended through December 31, 1999, or until such earlier or later time as the March 1990 license agreement between AMOA and ASCAP/BMI/SESAC is terminated. Dated: November 1, 2016. Suzanne M. Barnett, Chief Copyright Royalty Judge. Approved by: Carla D. Hayden, Librarian of Congress. [FR Doc. 2016-27885 Filed 11-18-16; 8:45 am] BILLING CODE 1410-72-P
![Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations 83141
INFORMATION CONTACT section to safety boats, 10 minute, 5 minutes, and relocate the provisions regarding coin-
coordinate protest activities so that your 1 minute warning made by the blasting operated phonorecord players from the
message can be received without vessel via VHF–FM channel 16, and section of the Code of Federal
jeopardizing the safety or security of warning signals at 5 minutes with 3 Regulations (CFR) that contains
people, places or vessels. short blasts of the air horn, and 1 Copyright Arbitration Royalty Panel
minute warning of 2 short blasts of the (CARP) regulations to the section of the
List of Subjects in 33 CFR Part 165 air horn. The schedule of the signals CFR that contains Copyright Royalty
Harbors, Marine safety, Navigation will be posted along with all other Board (CRB) regulations so that the
(water), Reporting and recordkeeping required signage. Copyright Office may remove the
requirements, Security measures, (4) This section applies to all vessels outdated CARP regulation.
Waterways. except those engaged in the following DATES: Effective on November 21, 2016.
For the reasons discussed in the operations: Enforcing laws, servicing FOR FURTHER INFORMATION CONTACT:
preamble, the Coast Guard amends 33 aids to navigation, and emergency Kimberly Whittle, Attorney Advisor, by
CFR part 165 as follows: response vessels. telephone at (202) 707–7658 or by email
(c) Definitions. As used in this at crb@loc.gov.
PART 165—REGULATED NAVIGATION section:
SUPPLEMENTARY INFORMATION: On
AREAS AND LIMITED ACCESS AREAS Captain of the Port means Captain of
the Port Delaware Bay. The Captain of October 3, 2016, the Copyright Office
■ 1. The authority citation for part 165 published a proposed rulemaking that,
the Port is also the Commander, U.S.
continues to read as follows: in part, proposes to eliminate obsolete
Coast Guard Sector Delaware Bay,
CARP regulations from the CFR. 81 FR
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; Philadelphia, PA.
Captain of the Port Delaware Bay 67940, 67942. One of the CARP
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation means the Commander, U.S. Coast provisions, the regulation regarding
No. 0170.1. Guard Sector Delaware Bay, rates for the statutory license for
Philadelphia, PA. jukeboxes, is not obsolete and is
■ 2. Add temporary § 165.T05–1011, to therefore the only provision that would
read as follows: Designated representative means any
Coast Guard commissioned, warrant, or remain.1 See 37 CFR 254. That provision
§ 165.T05–1011 Safety Zone; Great Egg petty officer who has been authorized could have been moved to the CRB
Harbor Bay, Marmora, NJ by the Captain of the Port Delaware Bay section of the CFR earlier, but because
(a) Regulated areas. The following to assist in enforcing the safety zone the rates have remained unchanged for
area is a safety zone: All waters within described in paragraph (a) of this many years, neither the Copyright Office
500 yards of the blasting vessel and section. nor the CRB has moved the regulation.
equipment conducting pile blasting (d) Enforcement. The U.S. Coast The Copyright Royalty Judges hereby
operations, in Great Egg Harbor Bay, in Guard may be assisted by Federal, State relocate that provision by adding it to
and local agencies in the patrol and Chapter III of title 37 of the CFR, the
the vicinity of Route 9, Beesley Point
chapter governing CRB activities.
Bridge, in Marmora, NJ. enforcement of the zone.
(b) Regulations. The general safety (e) Enforcement periods. This section List of Subjects in 37 CFR Part 388
zone regulations in § 165.23 apply to the will be effective from November 15, Copyright, Jukeboxes, Rates.
safety zones created by this temporary 2016, through November 24, 2016.
section, § 165.T05–1011. During this period the safety zone will Final Regulations
(1) All vessels and persons are only be enforced during times of For the reasons set out in the
prohibited from entering into or moving explosive detonation. preamble, the Copyright Royalty Judges
within the safety zone described in Dated: November 15, 2016. amend 37 CFR chapter III by adding part
paragraph (a) of this section while they Benjamin A. Cooper, 388 to read as follows:
are subject to enforcement, unless
Captain, U.S. Coast Guard, Captain of the
authorized by the Captain of the Port or Port, Delaware Bay. PART 388—ADJUSTMENT OF
by his designated representative. ROYALTY RATE FOR COIN–
[FR Doc. 2016–27914 Filed 11–18–16; 8:45 am]
(2) Persons or vessels seeking to enter OPERATED PHONORECORD
BILLING CODE 9110–04–P
or pass through the safety zone must PLAYERS
contact the Captain of the Port or his
designated representative to seek Sec.
LIBRARY OF CONGRESS 388.1 General.
permission to transit the area. The 388.2 Definition of coin-operated
Captain of the Port, Delaware Bay can be phonorecord player.
Copyright Royalty Board
contacted at telephone number 215– 388.3 Compulsory license fees for coin-
271–4807 or on Marine Band Radio VHF operated phonorecord players.
37 CFR Part 388
Channel 16 (156.8 MHz). Authority: 17 U.S.C. 116, 801(b)(1).
(3) No vessels may transit through the [Docket No. 16–CRB–0019–RM]
safety zone described in paragraph (a) of § 388.1 General.
this section during times of explosives Procedural Regulations for the This part 388 establishes the
detonation. During pile blasting Copyright Royalty Board: Rates and compulsory license fees for coin-
detonation, vessels will be required to Terms for Statutory Licenses; operated phonorecord players beginning
asabaliauskas on DSK3SPTVN1PROD with RULES
maintain a 500 yard distance from the Technical Amendment on January 1, 1982, in accordance with
blasting vessel and equipment. Actual AGENCY: Copyright Royalty Board, the provisions of 17 U.S.C. 116.
dates and times of explosive detonation Library of Congress.
will be announced with a combination ACTION: Final rule; technical
1 The Copyright Office proposed rulemaking
of broadcast notice to mariners, local indicated that part 256 will also remain, but the
amendment. CRB recently gave notice of relocation of that part
notice to mariners, posted warning to part 387 and has notified the Copyright Office of
signs, 500 yard marine traffic safety SUMMARY: The Copyright Royalty Judges that fact so it may now eliminate part 256 from
zone maintained by the contractors are amending their regulations to Chapter II. Id.; 81 FR 62812 (Sept. 13, 2016).
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![83142 Federal Register / Vol. 81, No. 224 / Monday, November 21, 2016 / Rules and Regulations
§ 388.2 Definition of coin-operated ENVIRONMENTAL PROTECTION available only in hard copy form.
phonorecord player. AGENCY Publicly available docket materials are
As used in this part, the term coin- available either electronically through
operated phonorecord player is a 40 CFR Part 52 www.regulations.gov or in hard copy at
machine or device that: [EPA–R04–OAR–2014–0756; FRL–9955–29– the Air Regulatory Management Section,
Region 4] Air Planning and Implementation
(a) Is employed solely for the Branch, Air, Pesticides and Toxics
performance of nondramatic musical Air Plan Approval/Disapproval; AL Management Division, U.S.
works by means of phonorecords upon Infrastructure Requirements for the Environmental Protection Agency,
being activated by insertion of coins, 2010 1-Hour NO2 NAAQS Region 4, 61 Forsyth Street SW.,
currency, tokens, or other monetary Atlanta, Georgia 30303–8960. EPA
units or their equivalent; AGENCY: Environmental Protection
requests that if at all possible, you
Agency (EPA).
(b) Is located in an establishment contact the person listed in the FOR
making no direct or indirect charge for ACTION: Final rule
FURTHER INFORMATION CONTACT section to
admission; SUMMARY: The Environmental Protection schedule your inspection. The Regional
(c) Is accompanied by a list of the Agency (EPA) is taking final action to Office’s official hours of business are
titles of all the musical works available approve in part, and disapprove in part, Monday through Friday 8:30 a.m. to
for performance on it, which list is portions of the April 23, 2013, and 4:30 p.m., excluding Federal holidays.
affixed to the phonorecord player or December 9, 2015, of the State FOR FURTHER INFORMATION CONTACT:
posted in the establishment in a Implementation Plan (SIP) submissions, Richard Wong, Air Regulatory
prominent position where it can be submitted by the State of Alabama, Management Section, Air Planning and
readily examined by the public; and through the Alabama Department of Implementation Branch, Pesticides and
(d) Affords a choice of works available Environmental Management (ADEM), to Toxics Management Division, Region 4,
for performance and permits the choice demonstrate that the State meets certain U.S. Environmental Protection Agency,
to be made by the patrons of the infrastructure requirements of the Clean 61 Forsyth Street SW., Atlanta, Georgia
establishment in which it is located. Air Act (CAA or Act) for the 2010 1- 30303–8960. The telephone number is
hour nitrogen dioxide (NO2) national (404) 562–8726. Mr. Richard Wong can
§ 388.3 Compulsory license fees for coin- ambient air quality standards (NAAQS). also be reached via electronic mail at
operated phonorecord players. The CAA requires that each state adopt wong.richard@epa.gov.
and submit a SIP for the SUPPLEMENTARY INFORMATION:
(a) Commencing January 1, 1982, the
implementation, maintenance and
annual compulsory license fee for a I. Background and Overview
enforcement of each NAAQS
coin-operated phonorecord player shall
promulgated by EPA, which is On January 22, 2010 (75 FR 6474,
be $25.
commonly referred to as an February 9, 2010), EPA promulgated a
(b) Commencing January 1, 1984, the ‘‘infrastructure’’ SIP. ADEM certified new 1-hour primary NAAQS for NO2 at
annual compulsory license fee for a that the Alabama SIP contains a level of 100 parts per billion (ppb),
coin-operated phonorecord player shall provisions that ensure the 2010 1-hour based on a 3-year average of the 98th
be $50. NO2 NAAQS is implemented, enforced, percentile of the yearly distribution of 1-
(c) Commencing January 1, 1987, the and maintained in Alabama. With the hour daily maximum concentrations.
annual compulsory license fee for a exception of the provisions pertaining to Pursuant to section 110(a)(1) of the
coin-operated phonorecord player shall prevention of significant deterioration CAA, states are required to submit SIPs
be $63. (PSD) permitting, and visibility in other meeting the requirements of section
states, for which EPA is proposing no 110(a)(2) within three years after
(d) If performances are made available
action through this notice, and the promulgation of a new or revised
on a particular coin-operated
provisions respecting state boards, for NAAQS or within such shorter period
phonorecord player for the first time
which EPA is finalizing disapproval, as EPA may prescribe. Section 110(a)(2)
after July 1 of any year, the compulsory
EPA has determined portions of requires states to address basic SIP
license fee for the remainder of that year
Alabama’s infrastructure SIP elements such as requirements for
shall be one half of the annual rate of
submissions, provided to EPA on April monitoring, basic program requirements
paragraph (a), (b), or (c) of this section,
23, 2013, and updated on December 9, and legal authority that are designed to
whichever is applicable.
2015, satisfy certain required assure attainment and maintenance of
(e) Commencing January 1, 1990, the infrastructure elements for the 2010 1- the NAAQS. States were required to
annual compulsory license fee for a hour NO2 NAAQS. submit such SIPs for the 2010 NO2
coin-operated phonorecord player is DATES: This rule will be effective NAAQS to EPA no later than January
suspended through December 31, 1999, December 21, 2016. 22, 2013.
or until such earlier or later time as the ADDRESSES: EPA has established a In a proposed rulemaking published
March 1990 license agreement between docket for this action under Docket on July 20, 2016 (81 FR 47124), EPA
AMOA and ASCAP/BMI/SESAC is Identification No. EPA–R04–OAR– proposed to approve Alabama’s 2010 1-
terminated. 2014–0756. All documents in the docket hour NO2 NAAQS infrastructure SIP
Dated: November 1, 2016. are listed on the www.regulations.gov submissions submitted on April 23,
asabaliauskas on DSK3SPTVN1PROD with RULES
Suzanne M. Barnett, Web site. Although listed in the index, 2013, and December 9, 2015, with the
Chief Copyright Royalty Judge. some information is not publicly exception of the PSD permitting
Approved by:
available, i.e., Confidential Business requirements for major sources of
Information or other information whose sections 110(a)(2)(C), prong 3 of D(i),
Carla D. Hayden, disclosure is restricted by statute. and (J) and the interstate transport
Librarian of Congress. Certain other material, such as requirements of section 110(a)(2)(D)(i)(I)
[FR Doc. 2016–27885 Filed 11–18–16; 8:45 am] copyrighted material, is not placed on and (II) (prongs 1, 2, and 4), and the
BILLING CODE 1410–72–P the Internet and will be publicly state board requirements of section
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Document Created: 2018-02-14 08:34:02
Document Modified: 2018-02-14 08:34:02
| 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 | Rules and Regulations | |
| Action | Final rule; technical amendment. | |
| Dates | Effective on November 21, 2016. | |
| Contact | Kimberly Whittle, Attorney Advisor, by telephone at (202) 707-7658 or by email at [email protected] | |
| FR Citation | 81 FR 83141 | |
| CFR Associated | Copyright; Jukeboxes and Rates |
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