83 FR 55334 - Modification and Amendment of Regulations To Conform to the MMA
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 83, Issue 214 (November 5, 2018)
Copyright Royalty Board
Federal Register Volume 83, Issue 214 (November 5, 2018)
| Page Range | 55334-55335 | |
| FR Document | 2018-24089 |
[Federal Register Volume 83, Number 214 (Monday, November 5, 2018)] [Proposed Rules] [Pages 55334-55335] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24089] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Chapter III [Docket No. 18-CRB-0012-RM] Modification and Amendment of Regulations To Conform to the MMA AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Notification of inquiry. ----------------------------------------------------------------------- SUMMARY: The Copyright Royalty Judges (Judges) publish a notice of inquiry regarding necessary and appropriate modifications and amendments to agency regulations following enactment of a new law regarding the music industry. [[Page 55335]] DATES: Comments and proposals, if any, are due no later than November 26, 2018. ADDRESSES: You may submit comments and proposals, identified by docket number 18-CRB-0012-RM, by any of the following methods: CRB's electronic filing application: Submit comments and proposals online in eCRB at https://app.crb.gov/. 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. Instructions: Unless submitting online, commenters must submit an original, two paper copies, and an electronic version on a CD. All submissions must include a reference to the CRB and this docket number. All submissions will be posted without change to eCRB at https://app.crb.gov/ including any personal information provided. Docket: For access to the docket to read submitted background documents or comments, go to eCRB, the Copyright Royalty Board's electronic filing and case management system, at https://app.crb.gov/ and search for docket number 18-CRB-0012-RM. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected]. SUPPLEMENTARY INFORMATION: Background The Orrin G. Hatch-Bob Goodlatte Music Modernization Act, Public Law 115-264, 132 Stat. 3676 (Oct. 11, 2018) (MMA), implements changes in administration of copyright royalties relating to the music industry. The most sweeping changes relate to the copyrights of songwriters and publishers of nondramatic musical works. Prior to enactment of the MMA, section 115 of title 17 (Copyright Act) detailed procedures for administration of the compulsory license (also known as the ``mechanical'' compulsory license) to reproduce and distribute, including by digital transmissions, phonorecords embodying copyrighted musical works. Chapter 8 of the Copyright Act requires the Copyright Royalty Judges (Judges) to conduct proceedings every five years to determine the rates and terms for the section 115 license. See 17 U.S.C. 801(b)(1), 804(b)(4). In the MMA, Congress authorized designation of an entity, the Mechanical License Collective (MLC) to serve as a clearinghouse for collection and distribution of royalties and to develop a comprehensive database to ensure efficient and appropriate payment and distribution of those royalties. Creation of the MLC and the other statutory changes in the MMA requires or authorizes modification of the Judges' regulations relating to section 115. For example, section 102(d) of the MMA requires the Judges, not later than 270 days after enactment of the MMA, to amend part 385 of 37, Code of Federal Regulations (CFR) ``to conform the definitions used in such part to the definitions of the same terms described in section 115(e) of title 17, United States Code, as added by'' section 102(a) of the MMA. That provision also directs the Judges to ``make adjustments to the language of the regulations as necessary to achieve the same purpose and effect as the original regulations with respect to the rates and terms previously adopted by the [Judges].'' In addition, the MMA authorizes the Judges to adopt regulations concerning proceedings to set the administrative assessment established by the statute to fund the MLC. 17 U.S.C. 115(d)(7)(D)(viii), 115(d)(12)(A). The MMA also adds a new section 801(b)(8) to the Copyright Act, which authorizes the Judges ``to determine the administrative assessment to be paid by digital music providers under section 115(d)'' but states that ``[t]he provisions of section 115(d) shall apply to the conduct of proceedings by the [Judges] under section 115(d) and not the procedures in this section, or section 803, 804, or 805.'' The Judges seek input from persons and entities who reasonably believe they have a significant interest in the content of necessary or appropriate changes to the regulations in chapter III, title 37, Code of Federal Regulations (CFR). The Judges also seek input from persons and entities who reasonably believe they have a significant interest in interpreting and applying the changes the MMA purports to make to chapter 8 of the Copyright Act. Specifically, but not exclusively, the Judges seek comments regarding the following questions. (1) What regulations in chapter III, title 37 CFR, if any, must be changed and how? (2) What regulations in chapter III, title 37 CFR, if any, should be changed and how? (3) What effect, if any, does the new language in subparagraph 8 of section 801(b) have on the Judges' ability to make necessary procedural or evidentiary rulings under sections 801, 803, 804, and/or 805 \1\ of the Copyright Act, and, in particular, does the new language have the effect that the Judges are now required to adopt new regulations, notwithstanding their general authority under section 801(c)? --------------------------------------------------------------------------- \1\ Examples: Section 801(c) (necessary procedural and evidentiary rulings), section 803(b)(5) (paper proceedings), section 803(b)(6)(C)(ix) (subpoenas), section 803(c)(2) (rehearings), section 803(c)(5) (protective orders). --------------------------------------------------------------------------- (4) If the new language in subparagraph 8 of section 801(b) affects the Judges' authority under other subsections of section 801, how does it change that authority or the procedures to exercise that authority? The Judges solicit proposed new or modified regulatory language that may be necessary to fully implement the MMA. Commenting persons and entities must support each legal conclusion and each proposed regulatory change with appropriate legal analysis and citation to authority. After considering the proposals, if the Judges determine that rulemaking is required, the Judges will publish a formal notice of proposed rulemaking in accordance with the provisions of the Administrative Procedures Act. Dated: October 30, 2018. Suzanne M. Barnett, Chief Copyright Royalty Judge. [FR Doc. 2018-24089 Filed 11-2-18; 8:45 am] BILLING CODE 1410-72-P
![55334 Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules
E. Unfunded Mandates Reform Act document to which each comment Sector Maryland-National Capital
The Unfunded Mandates Reform Act applies, and provide a reason for each Region.
of 1995 (2 U.S.C. 1531–1538) requires suggestion or recommendation. (2) Designated representative means
Federal agencies to assess the effects of We encourage you to submit any Coast Guard commissioned,
their discretionary regulatory actions. In comments through the Federal warrant, or petty officer who has been
particular, the Act addresses actions eRulemaking Portal at http:// authorized by the Captain of the Port
that may result in the expenditure by a www.regulations.gov. If your material Maryland-National Capital Region to
State, local, or tribal government, in the cannot be submitted using http:// assist in enforcing the safety zone
aggregate, or by the private sector of www.regulations.gov, contact the person described in paragraph (a) of this
$100,000,000 (adjusted for inflation) or in the FOR FURTHER INFORMATION section.
CONTACT section of this document for (c) Regulations. (1) Under the general
more in any one year. Though this
alternate instructions. safety zone regulations in subpart C of
proposed rule would not result in such
We accept anonymous comments. All this part, you may not enter the safety
an expenditure, we do discuss the
comments received will be posted zone described in paragraph (a) of this
effects of this rule elsewhere in this
without change to http:// section unless authorized by the COTP
preamble.
www.regulations.gov and will include or the COTP’s designated representative.
F. Environment any personal information you have All vessels underway within this safety
We have analyzed this proposed rule provided. For more about privacy and zone at the time it is activated are to
under Department of Homeland the docket, visit http:// depart the zone.
Security Management Directive 023–01 www.regulations.gov/privacyNotice. (2) To seek permission to enter,
and Commandant Instruction Documents mentioned in this NPRM contact the COTP or the COTP’s
M16475.lD, which guide the Coast as being available in the docket, and all designated representative by telephone
Guard in complying with the National public comments, will be in our online at 410–576–2693 or on Marine Band
Environmental Policy Act of 1969 (42 docket at http://www.regulations.gov Radio VHF–FM channel 16 (156.8
U.S.C. 4321–4370f), and have made a and can be viewed by following that MHz). The Coast Guard vessels
preliminary determination that this website’s instructions. Additionally, if enforcing this section can be contacted
action is one of a category of actions that you go to the online docket and sign up on Marine Band Radio VHF–FM
do not individually or cumulatively for email alerts, you will be notified channel 16 (156.8 MHz).
have a significant effect on the human when comments are posted or a final (3) Those in the safety zone must
environment. This proposed rule rule is published. comply with all lawful orders or
involves a safety zone lasting 2 hours directions given to them by the COTP or
List of Subjects in 33 CFR Part 165 the COTP’s designated representative.
that would prohibit entry within a
portion of the Washington Channel. Harbors, Marine safety, Navigation (d) Enforcement officials. The U.S.
Normally such actions are categorically (water), Reporting and recordkeeping Coast Guard may be assisted in the
excluded from further review under requirements, Security measures, patrol and enforcement of the safety
paragraph L60(a) of Appendix A, Table Waterways. zone by Federal, State, and local
1 of DHS Instruction Manual 023–01– agencies.
For the reasons discussed in the
001–01, Rev. 01. A preliminary Record (e) Enforcement period. This section
preamble, the Coast Guard proposes to
of Environmental Consideration will be enforced from 7 p.m. to 9 p.m.
amend 33 CFR part 165 as follows:
supporting this determination is on December 1, 2018.
available in the docket where indicated PART 165—REGULATED NAVIGATION Dated: October 30, 2018.
under ADDRESSES. We seek any AREAS AND LIMITED ACCESS AREAS Joseph B. Loring,
comments or information that may lead Captain, U.S. Coast Guard, Captain of the
to the discovery of a significant ■ 1. The authority citation for part 165 Port Maryland-National Capital Region.
environmental impact from this continues to read as follows: [FR Doc. 2018–24121 Filed 11–2–18; 8:45 am]
proposed rule. Authority: 33 U.S.C. 1231; 50 U.S.C. 191, BILLING CODE 9110–04–P
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
G. Protest Activities and; Department of Homeland Security
The Coast Guard respects the First Delegation No. 0170.1.
LIBRARY OF CONGRESS
Amendment rights of protesters. ■ 2. Add § 165.T05–0999 to read as
Protesters are asked to contact the follows: Copyright Royalty Board
person listed in the FOR FURTHER
INFORMATION CONTACT section to § 165.T05–0999 Safety Zone for Fireworks 37 CFR Chapter III
coordinate protest activities so that your Display, Upper Potomac River, Washington
message can be received without Channel, Washington, DC. [Docket No. 18–CRB–0012–RM]
jeopardizing the safety or security of (a) Location. The following area is a
safety zone: All navigable waters of the Modification and Amendment of
people, places, or vessels.
Washington Channel within 200 feet of Regulations To Conform to the MMA
V. Public Participation and Request for the fireworks barge located within an
Comments AGENCY: Copyright Royalty Board,
area bounded on the south by latitude Library of Congress.
We view public participation as 38°52′30″ W, and bounded on the north ACTION: Notification of inquiry.
essential to effective rulemaking, and by the southern extent of the Francis
will consider all comments and material Case (I–395) Memorial Bridge, located at SUMMARY: The Copyright Royalty Judges
received during the comment period. Washington, DC. All coordinates refer to (Judges) publish a notice of inquiry
Your comment can help shape the datum NAD 1983. regarding necessary and appropriate
outcome of this rulemaking. If you (b) Definitions. As used in this modifications and amendments to
submit a comment, please include the section: agency regulations following enactment
docket number for this rulemaking, (1) Captain of the Port (COTP) means of a new law regarding the music
indicate the specific section of this the Commander, U.S. Coast Guard industry.
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![Federal Register / Vol. 83, No. 214 / Monday, November 5, 2018 / Proposed Rules 55335
DATES: Comments and proposals, if any, phonorecords embodying copyrighted (1) What regulations in chapter III,
are due no later than November 26, musical works. title 37 CFR, if any, must be changed
2018. Chapter 8 of the Copyright Act and how?
ADDRESSES: You may submit comments requires the Copyright Royalty Judges (2) What regulations in chapter III,
and proposals, identified by docket (Judges) to conduct proceedings every title 37 CFR, if any, should be changed
number 18–CRB–0012–RM, by any of five years to determine the rates and and how?
the following methods: terms for the section 115 license. See 17 (3) What effect, if any, does the new
CRB’s electronic filing application: U.S.C. 801(b)(1), 804(b)(4). In the MMA, language in subparagraph 8 of section
Submit comments and proposals online Congress authorized designation of an 801(b) have on the Judges’ ability to
in eCRB at https://app.crb.gov/. entity, the Mechanical License make necessary procedural or
U.S. mail: Copyright Royalty Board, Collective (MLC) to serve as a evidentiary rulings under sections 801,
P.O. Box 70977, Washington, DC 20024– clearinghouse for collection and 803, 804, and/or 805 1 of the Copyright
0977; or Overnight service (only USPS distribution of royalties and to develop Act, and, in particular, does the new
Express Mail is acceptable): Copyright a comprehensive database to ensure language have the effect that the Judges
Royalty Board, P.O. Box 70977, efficient and appropriate payment and are now required to adopt new
Washington, DC 20024–0977; or distribution of those royalties. regulations, notwithstanding their
Commercial courier: Address package Creation of the MLC and the other general authority under section 801(c)?
to: Copyright Royalty Board, Library of statutory changes in the MMA requires (4) If the new language in
Congress, James Madison Memorial or authorizes modification of the Judges’ subparagraph 8 of section 801(b) affects
Building, LM–403, 101 Independence regulations relating to section 115. For the Judges’ authority under other
Avenue SE, Washington, DC 20559– example, section 102(d) of the MMA subsections of section 801, how does it
6000. Deliver to: Congressional Courier requires the Judges, not later than 270 change that authority or the procedures
Acceptance Site, 2nd Street NE and D days after enactment of the MMA, to to exercise that authority?
Street NE, Washington, DC; or amend part 385 of 37, Code of Federal The Judges solicit proposed new or
Hand delivery: Library of Congress, Regulations (CFR) ‘‘to conform the modified regulatory language that may
James Madison Memorial Building, LM– definitions used in such part to the be necessary to fully implement the
401, 101 Independence Avenue SE, definitions of the same terms described MMA. Commenting persons and entities
Washington, DC 20559–6000. in section 115(e) of title 17, United must support each legal conclusion and
Instructions: Unless submitting States Code, as added by’’ section 102(a) each proposed regulatory change with
online, commenters must submit an of the MMA. That provision also directs appropriate legal analysis and citation
original, two paper copies, and an the Judges to ‘‘make adjustments to the to authority. After considering the
electronic version on a CD. All language of the regulations as necessary proposals, if the Judges determine that
submissions must include a reference to to achieve the same purpose and effect rulemaking is required, the Judges will
the CRB and this docket number. All as the original regulations with respect publish a formal notice of proposed
submissions will be posted without to the rates and terms previously rulemaking in accordance with the
change to eCRB at https://app.crb.gov/ adopted by the [Judges].’’ In addition, provisions of the Administrative
including any personal information the MMA authorizes the Judges to adopt Procedures Act.
provided. regulations concerning proceedings to Dated: October 30, 2018.
Docket: For access to the docket to set the administrative assessment Suzanne M. Barnett,
read submitted background documents established by the statute to fund the Chief Copyright Royalty Judge.
or comments, go to eCRB, the Copyright MLC. 17 U.S.C. 115(d)(7)(D)(viii), [FR Doc. 2018–24089 Filed 11–2–18; 8:45 am]
Royalty Board’s electronic filing and 115(d)(12)(A).
BILLING CODE 1410–72–P
case management system, at https:// The MMA also adds a new section
app.crb.gov/ and search for docket 801(b)(8) to the Copyright Act, which
number 18–CRB–0012–RM. authorizes the Judges ‘‘to determine the
administrative assessment to be paid by ENVIRONMENTAL PROTECTION
FOR FURTHER INFORMATION CONTACT:
digital music providers under section AGENCY
Anita Blaine, CRB Program Specialist,
by telephone at (202) 707–7658 or email 115(d)’’ but states that ‘‘[t]he provisions 40 CFR Part 52
at crb@loc.gov. of section 115(d) shall apply to the
conduct of proceedings by the [Judges] [EPA–R04–OAR–2018–0432; FRL–9986–18–
SUPPLEMENTARY INFORMATION:
under section 115(d) and not the Region 4]
Background procedures in this section, or section
Air Plan Approval; North Carolina: NOX
The Orrin G. Hatch-Bob Goodlatte 803, 804, or 805.’’
Rule Revisions
Music Modernization Act, Public Law The Judges seek input from persons
115–264, 132 Stat. 3676 (Oct. 11, 2018) and entities who reasonably believe AGENCY: Environmental Protection
(MMA), implements changes in they have a significant interest in the Agency (EPA).
administration of copyright royalties content of necessary or appropriate ACTION: Proposed rule.
relating to the music industry. The most changes to the regulations in chapter III,
sweeping changes relate to the title 37, Code of Federal Regulations SUMMARY: The Environmental Protection
copyrights of songwriters and (CFR). The Judges also seek input from Agency (EPA) is proposing to approve
publishers of nondramatic musical persons and entities who reasonably portions of a State Implementation Plan
works. Prior to enactment of the MMA, believe they have a significant interest (SIP) revision submitted by the State of
section 115 of title 17 (Copyright Act) in interpreting and applying the changes North Carolina, through the North
detailed procedures for administration the MMA purports to make to chapter
1 Examples: Section 801(c) (necessary procedural
of the compulsory license (also known 8 of the Copyright Act.
and evidentiary rulings), section 803(b)(5) (paper
as the ‘‘mechanical’’ compulsory Specifically, but not exclusively, the proceedings), section 803(b)(6)(C)(ix) (subpoenas),
license) to reproduce and distribute, Judges seek comments regarding the section 803(c)(2) (rehearings), section 803(c)(5)
including by digital transmissions, following questions. (protective orders).
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Document Created: 2018-11-03 00:28:17
Document Modified: 2018-11-03 00:28:17
| 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 | Notification of inquiry. | |
| Dates | Comments and proposals, if any, are due no later than November 26, 2018. | |
| Contact | Anita Blaine, CRB Program Specialist, by telephone at (202) 707-7658 or email at [email protected] | |
| FR Citation | 83 FR 55334 |
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