81 FR 89867 - Notice and Recordkeeping for Use of Sound Recordings Under Statutory License; Technical Amendment

LIBRARY OF CONGRESS
Copyright Royalty Board

Federal Register Volume 81, Issue 239 (December 13, 2016)

Page Range		89867-89868
FR Document		2016-29761

On August 10, 2016, the Copyright Royalty Judges (Judges) published in the Federal Register for comment proposed amendments to regulations governing reporting requirements for noncommercial webcasters, including noncommercial educational webcasters, that pay no more than the minimum fee for their use of sound recordings under the applicable statutory licenses. The Judges received three comments. The Judges hereby publish the final rule.

Federal Register, Volume 81 Issue 239 (Tuesday, December 13, 2016)

[Federal Register Volume 81, Number 239 (Tuesday, December 13, 2016)]
[Rules and Regulations]
[Pages 89867-89868]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29761]


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LIBRARY OF CONGRESS

Copyright Royalty Board

37 CFR Part 370

[Docket No. RM 2008-7]


Notice and Recordkeeping for Use of Sound Recordings Under 
Statutory License; Technical Amendment

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Final rule; amendment.

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SUMMARY: On August 10, 2016, the Copyright Royalty Judges (Judges) 
published in the Federal Register for comment proposed amendments to 
regulations governing reporting requirements for noncommercial 
webcasters, including noncommercial educational webcasters, that pay no 
more than the minimum fee for their use of sound recordings under the 
applicable statutory licenses. The Judges received three comments. The 
Judges hereby publish the final rule.

DATES: Effective December 13, 2016.
    Applicability Date: May 19, 2016.

FOR FURTHER INFORMATION CONTACT: Kimberly Whittle at (202) 707-7658 or 
at [email protected].

SUPPLEMENTARY INFORMATION: 

Introduction

    In 2009, the Copyright Royalty Judges (Judges) published 
regulations concerning reporting requirements for webcasters streaming 
sound recordings under statutory licenses described in 17 U.S.C. 112 
and 114. See 79 FR 25009. On June 21, 2016, the Judges published a 
technical amendment to the regulations. 81 FR 40190. Later that same 
day, the Judges received a Joint Petition of the National Association 
of Broadcasters and the National Religious Broadcasters Noncommercial 
Music License Committee (together, Broadcasters) to Amend Final Rule 
Regarding Reporting Requirements (Joint Motion).
    The Broadcasters contended that by removing the definition of 
``Minimum Fee Broadcaster'' the Judges had failed to effect their 
intent. Joint Motion at 7. The Judges agreed that the regulation as 
amended on June 21, 2016, did not effect their intent because it 
defined the term ``Eligible Minimum Fee Webcaster'' too narrowly and 
therefore arguably excluded the webcasts of noncommercial minimum fee 
broadcasters, a category that the Judges had intended to include. 
Accordingly, on August 10, 2016, the Judges proposed a second amendment 
to the regulations and published it for comment. 81 FR 52782.
    The Broadcasters filed a joint comment supporting adoption of the 
proposed second amendment to the regulations. The Intercollegiate 
Broadcasting System (IBS), which had appealed the prior iterations of 
the regulations to the U.S. Court of Appeals for the D.C. Circuit, 
filed a comment that included the following language.

    Given the limited scope of the Notice and without prejudice to 
its objections to the $500 annual fee, the $100 opt-out fee, and the 
reporting requirements, IBS interposes no objection to the Notice.

IBS Comment at 2. The Judges interpret that comment as not opposing the 
proposed second amendment.\1\
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    \1\ A third comment was filed by Adam Stein, but the Judges 
found it to be an unreasonable objection as Mr. Stein offered no 
support for his allegations, which appeared to be based upon a 
fundamental misunderstanding of compulsory licenses.
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List of Subjects in 37 CFR Part 370

    Copyright.

Final regulations

    In consideration of the foregoing, the Copyright Royalty Judges 
amend 37 CFR part 370 as follows.

[[Page 89868]]

PART 370--NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY 
LICENSES

0
1. The authority citation for part 370 continues to read as follows:

    Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A).


0
2. Amend Sec.  370.4 in paragraph (b) by revising the definition of 
``Eligible Minimum Fee Webcaster'' to read as follows:


Sec.  370.4   Reports of use of sound recordings under statutory 
license for nonsubscription transmission services, preexisting 
satellite digital audio radio services, new subscription services and 
business establishment services.

* * * * *
    (b) * * *
    Eligible Minimum Fee Webcaster means a nonsubscription transmission 
service whose payments for eligible transmissions do not exceed the 
annual minimum fee established for licensees relying upon the statutory 
licenses set forth in 17 U.S.C. 112(e) and 114; and:
    (i) Is a licensee that owns and operates a terrestrial AM or FM 
radio station that is licensed by the Federal Communications 
Commission; or
    (ii) Is directly operated by, or affiliated with and officially 
sanctioned by, a domestically accredited primary or secondary school, 
college, university, or other post-secondary degree-granting 
institution; and
    (A) The digital audio transmission operations of which are, during 
the course of the year, staffed substantially by students enrolled in 
such institution;
    (B) Is exempt from taxation under section 501 of the Internal 
Revenue Code, has applied for such exemption, or is operated by a State 
or possession or any governmental entity or subordinate thereof, or by 
the United States or District of Columbia, for exclusively public 
purposes; and
    (C) Is not a ``public broadcasting entity'' (as defined in 17 
U.S.C. 118(f)) qualified to receive funding from the Corporation for 
Public Broadcasting pursuant to the criteria set forth in 47 U.S.C. 
396.
* * * * *

    Dated: November 15, 2016.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.

    Approved:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2016-29761 Filed 12-12-16; 8:45 am]
 BILLING CODE 1410-72-P

Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations 89867

G. Protest Activities (3) All vessels within this safety zone SUPPLEMENTARY INFORMATION:
The Coast Guard respects the First when this section becomes effective
Introduction
Amendment rights of protesters. must depart the zone immediately.
Protesters are asked to contact the (4) The Captain of the Port, Hampton In 2009, the Copyright Royalty Judges
person listed in the FOR FURTHER Roads or his representative can be (Judges) published regulations
INFORMATION CONTACT section to
contacted at telephone number (757) concerning reporting requirements for
coordinate protest activities so that your 668–5555. webcasters streaming sound recordings
message can be received without (5) The Coast Guard and designated under statutory licenses described in 17
jeopardizing the safety or security of security vessels enforcing the safety U.S.C. 112 and 114. See 79 FR 25009.
people, places or vessels. zone can be contacted on VHF–FM On June 21, 2016, the Judges published
marine band radio channel 13 a technical amendment to the
H. Civil Justice Reform (165.65Mhz) and channel 16 (156.8 regulations. 81 FR 40190. Later that
This regulation meets the applicable Mhz). same day, the Judges received a Joint
standards set forth in sections 3(a) and (6) This section applies to all persons Petition of the National Association of
3(b)(2) of Executive order 12988, Civil or vessels except participants and Broadcasters and the National Religious
Justice Reform to eliminate ambiguity, vessels that are engaged in the following Broadcasters Noncommercial Music
minimize litigation, establish clear legal operations: License Committee (together,
standards, and reduce burden. (i) Enforcing laws; Broadcasters) to Amend Final Rule
(ii) Servicing aids to navigation, and Regarding Reporting Requirements
List of Subjects in 33 CFR Part 165 (iii) Emergency response vessels. (Joint Motion).
Harbors, Marine safety, Navigation (d) Enforcement. The U.S. Coast
The Broadcasters contended that by
(water), Reporting and recordkeeping Guard may be assisted in the patrol and
removing the definition of ‘‘Minimum
requirements, Security measures, enforcement of the safety zone by
Fee Broadcaster’’ the Judges had failed
Waterways. federal, state, and local agencies.
to effect their intent. Joint Motion at 7.
For the reasons discussed in the (e) Enforcement Period. This rule will
The Judges agreed that the regulation as
preamble, the Coast Guard amends 33 be enforced from 8 a.m. on December
amended on June 21, 2016, did not
CFR part 165 as follows: 12, 2016, through 4 p.m. on December
effect their intent because it defined the
16, 2016.
term ‘‘Eligible Minimum Fee
PART 165—REGULATED NAVIGATION Richard J. Wester, Webcaster’’ too narrowly and therefore
AREAS AND LIMITED ACCESS AREAS Captain, U.S. Coast Guard, Captain of the arguably excluded the webcasts of
Port Hampton Roads. noncommercial minimum fee
■ 1. The authority citation for part 165
[FR Doc. 2016–29840 Filed 12–12–16; 8:45 am] broadcasters, a category that the Judges
continues to read as follows:
BILLING CODE 9110–04–P had intended to include. Accordingly,
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; on August 10, 2016, the Judges
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; proposed a second amendment to the
Department of Homeland Security Delegation
LIBRARY OF CONGRESS regulations and published it for
No. 0170.1.
comment. 81 FR 52782.
■ 2. Add § 165.T05–0987 to read as Copyright Royalty Board The Broadcasters filed a joint
follows: comment supporting adoption of the
165.T05–0987 Safety Zone, James River; 37 CFR Part 370 proposed second amendment to the
Newport News, VA. [Docket No. RM 2008–7] regulations. The Intercollegiate
(a) Definitions. For the purposes of Broadcasting System (IBS), which had
this section— Notice and Recordkeeping for Use of appealed the prior iterations of the
Captain of the Port means the Sound Recordings Under Statutory regulations to the U.S. Court of Appeals
Commander, Sector Hampton Roads. License; Technical Amendment for the D.C. Circuit, filed a comment
Participants mean individuals and that included the following language.
vessels involved in explosives training. AGENCY: Copyright Royalty Board,
Given the limited scope of the Notice and
Representative means any Coast Library of Congress.
without prejudice to its objections to the
Guard commissioned, warrant or petty ACTION: Final rule; amendment. $500 annual fee, the $100 opt-out fee, and the
officer who has been authorized to act reporting requirements, IBS interposes no
SUMMARY: On August 10, 2016, the objection to the Notice.
on the behalf of the Captain of the Port.
Copyright Royalty Judges (Judges)
(b) Location. The following area is a IBS Comment at 2. The Judges interpret
published in the Federal Register for
safety zone: All waters in the vicinity of that comment as not opposing the
comment proposed amendments to
the of the James River Reserve Fleet, in proposed second amendment.1
regulations governing reporting
the James River, within a 1500-foot
requirements for noncommercial List of Subjects in 37 CFR Part 370
radius of the M/V SS DEL MONTE in
webcasters, including noncommercial
approximate position 37°06′11″ N.,
educational webcasters, that pay no Copyright.
076°38′40″ W. (NAD 1983).
(c) Regulations. more than the minimum fee for their use Final regulations
(1) The general regulations governing of sound recordings under the
safety zones in § 165.23 apply to the applicable statutory licenses. The Judges In consideration of the foregoing, the
pmangrum on DSK3GDR082PROD with RULES

area described in paragraph (b) of this received three comments. The Judges Copyright Royalty Judges amend 37 CFR
section. hereby publish the final rule. part 370 as follows.
(2) With the exception of participants, DATES: Effective December 13, 2016.
entry into or remaining in this safety Applicability Date: May 19, 2016. 1 A third comment was filed by Adam Stein, but

the Judges found it to be an unreasonable objection
zone is prohibited unless authorized by FOR FURTHER INFORMATION CONTACT:
as Mr. Stein offered no support for his allegations,
the Captain of the Port, Hampton Roads Kimberly Whittle at (202) 707–7658 or which appeared to be based upon a fundamental
or his designated representatives. at crb@loc.gov. misunderstanding of compulsory licenses.

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89868 Federal Register / Vol. 81, No. 239 / Tuesday, December 13, 2016 / Rules and Regulations

PART 370—NOTICE AND ENVIRONMENTAL PROTECTION confidential business information (CBI)
RECORDKEEPING REQUIREMENTS AGENCY or other information whose disclosure is
FOR STATUTORY LICENSES restricted by statute. Multimedia
40 CFR Part 52 submissions (audio, video, etc.) must be
■ 1. The authority citation for part 370 [EPA–R03–OAR–2016–0455; FRL–9956–41– accompanied by a written comment.
continues to read as follows: Region 3] The written comment is considered the
official comment and should include
Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A). discussion of all points you wish to
Determination of Attainment of the
■ 2. Amend § 370.4 in paragraph (b) by 2012 Annual Fine Particulate Matter make. EPA will generally not consider
revising the definition of ‘‘Eligible Standard; Pennsylvania; Delaware comments or comment contents located
Minimum Fee Webcaster’’ to read as County Nonattainment Area outside of the primary submission (i.e.
follows: on the web, cloud, or other file sharing
AGENCY: Environmental Protection system). For additional submission
§ 370.4 Reports of use of sound
Agency (EPA). methods, please contact the person
recordings under statutory license for ACTION: Direct final rule. identified in the ‘‘For Further
nonsubscription transmission services, Information Contact’’ section. For the
preexisting satellite digital audio radio SUMMARY: The Environmental Protection
Agency (EPA) is making a final full EPA public comment policy,
services, new subscription services and information about CBI or multimedia
business establishment services. determination that the Delaware
County, Pennsylvania moderate submissions, and general guidance on
* * * * * making effective comments, please visit
nonattainment area (the Delaware
(b) * * * County Area) has attained the 2012 http://www2.epa.gov/dockets/
Eligible Minimum Fee Webcaster annual fine particulate matter (PM2.5) commenting-epa-dockets.
means a nonsubscription transmission national ambient air quality standard FOR FURTHER INFORMATION CONTACT:
service whose payments for eligible (NAAQS). This determination of Gavin Huang, (215) 814–2042, or by
transmissions do not exceed the annual attainment, also known as a clean data email at huang.gavin@epa.gov.
minimum fee established for licensees determination, is based upon quality SUPPLEMENTARY INFORMATION:
relying upon the statutory licenses set assured, certified, and complete ambient I. Background
forth in 17 U.S.C. 112(e) and 114; and: air quality monitoring data showing that
this area has monitored attainment of On December 14, 2012, EPA
(i) Is a licensee that owns and promulgated a revised primary annual
the 2012 annual PM2.5 NAAQS based on
operates a terrestrial AM or FM radio PM2.5 NAAQS to provide increased
the 2013–2015 data available in EPA’s
station that is licensed by the Federal protection of public health from fine
Air Quality System (AQS) database. As
Communications Commission; or particle pollution (the 2012 PM2.5
a result of this determination, the
(ii) Is directly operated by, or requirements for the Delaware County NAAQS). 78 FR 3086 (January 15, 2013).
affiliated with and officially sanctioned Area to submit an attainment In that action, EPA strengthened the
by, a domestically accredited primary or demonstration, associated reasonably primary annual PM2.5 standard,
secondary school, college, university, or available control measures (RACM), a lowering the level from 15.0 micrograms
other post-secondary degree-granting reasonable further progress (RFP) plan, per cubic meter (mg/m3) to 12.0 mg/m3.
institution; and contingency measures, and other The 2012 PM2.5 NAAQS is attained
(A) The digital audio transmission planning state implementation plan when the 3-year average of the annual
operations of which are, during the (SIP) revisions related to attainment of arithmetic means does not exceed 12.0
course of the year, staffed substantially the standard shall be suspended for so mg/m3. See 40 CFR 50.18. On December
by students enrolled in such institution; long as the area continues to meet the 18, 2014 (80 FR 2206), EPA made
2012 annual PM2.5 NAAQS. This action designation determinations, as required
(B) Is exempt from taxation under by CAA section 107(d)(1), for the 2012
is being taken under the Clean Air Act
section 501 of the Internal Revenue PM2.5 NAAQS. In that action, EPA
(CAA).
Code, has applied for such exemption, designated the Delaware County Area as
DATES: This rule is effective on February
or is operated by a State or possession moderate nonattainment for the 2012
or any governmental entity or 13, 2017 without further notice, unless
EPA receives adverse written comment annual PM2.5 NAAQS. See 40 CFR
subordinate thereof, or by the United 81.339.
States or District of Columbia, for by January 12, 2017. If EPA receives
such comments, it will publish a timely Under EPA’s longstanding Clean Data
exclusively public purposes; and Policy,1 which was codified in EPA’s
withdrawal of the direct final rule in the
(C) Is not a ‘‘public broadcasting Federal Register and inform the public Clean Air Fine Particulate
entity’’ (as defined in 17 U.S.C. 118(f)) that the rule will not take effect. Implementation Rule (72 FR 20586,
qualified to receive funding from the April 25, 2007), EPA may issue a
ADDRESSES: Submit your comments,
Corporation for Public Broadcasting determination of attainment after notice
identified by Docket ID No. EPA–R03– and comment rulemaking determining
pursuant to the criteria set forth in 47 OAR–2016–0455 at http://
U.S.C. 396. that a specific area is attaining the
www.regulations.gov, or via email to relevant standard. See 40 CFR 51.1004.
* * * * * pino.maria@epa.gov. For comments The effect of a clean data determination
Dated: November 15, 2016. submitted at Regulations.gov, follow the is to suspend the requirement for the
Suzanne M. Barnett, online instructions for submitting
pmangrum on DSK3GDR082PROD with RULES

area to submit an attainment
Chief Copyright Royalty Judge. comments. Once submitted, comments demonstration, RACM, RFP plan,
cannot be edited or removed from contingency measures, and any other
Approved: Regulations.gov. For either manner of
Carla D. Hayden, planning SIPs related to attainment for
submission, EPA may publish any
Librarian of Congress. comment received to its public docket. 1 ‘‘Clean Data Policy for the Fine Particle National
[FR Doc. 2016–29761 Filed 12–12–16; 8:45 am] Do not submit electronically any Ambient Air Quality Standards,’’ Memorandum
BILLING CODE 1410–72–P information you consider to be from Stephen D. Page, December 14, 2004.

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Document Created: 2016-12-13 02:44:42
Document Modified: 2016-12-13 02:44:42

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; amendment.
Dates		Effective December 13, 2016.
Contact		Kimberly Whittle at (202) 707-7658 or at [email protected]
FR Citation		81 FR 89867

81 FR 89867 - Notice and Recordkeeping for Use of Sound Recordings Under Statutory License; Technical Amendment

LIBRARY OF CONGRESSCopyright Royalty Board

Federal Register Volume 81, Issue 239 (December 13, 2016)

LIBRARY OF CONGRESS
Copyright Royalty Board