83 FR 63418 - Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License; Correction
LIBRARY OF CONGRESS
Copyright Royalty Board Federal Register Volume 83, Issue 236 (December 10, 2018)
Copyright Royalty Board
Federal Register Volume 83, Issue 236 (December 10, 2018)
| Page Range | 63418-63419 | |
| FR Document | 2018-26606 |
[Federal Register Volume 83, Number 236 (Monday, December 10, 2018)] [Rules and Regulations] [Pages 63418-63419] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26606] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Royalty Board 37 CFR Part 380 [Docket No. 14-CRB-0001-WR (2016-2020) COLA 2019] Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License; Correction AGENCY: Copyright Royalty Board (CRB), Library of Congress. ACTION: Final rule; cost of living adjustment; correction. ----------------------------------------------------------------------- SUMMARY: This document corrects the preamble to and one paragraph of the final rule published in the Federal Register of November 28, 2018, regarding the cost of living adjustment (COLA) to the royalty rate that noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of sound recordings. DATES: Effective Date: January 1, 2019. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Assistant, by telephone at (202) 707-7658 or by email at [email protected]. SUPPLEMENTARY INFORMATION: The preamble and the regulatory language appearing on page 61125 in the Federal Register of Wednesday, November 28, 2018, reflected an error in calculating the COLA for the rate for noncommercial webcasters, and therefore the Judges make the following corrections to the preamble and the final rule: Corrections In FR Doc. 2018-25908 appearing on page 61125 in the Federal Register of Wednesday, November 28, 2018, make the following corrections: Preamble 0 1. In the SUPPLEMENTARY INFORMATION section, on page 61125 in the second column, in the third paragraph, ``$0.0018'' is corrected to read ``$0.0017'' and in the third column, in the first full paragraph, ``$0.0019'' is corrected to read ``$0.0018''. [[Page 63419]] Final rule Sec. 380.10 [Corrected] 0 2. On page 61125, in the third column, in Sec. 380.10, in paragraph (a)(2), ``$0.0019'' is corrected to read ``$0.0018''. Dated: December 3, 2018. David R. Strickler, Copyright Royalty Judge. [FR Doc. 2018-26606 Filed 12-7-18; 8:45 am] BILLING CODE 1410-72-P
![63418 Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Rules and Regulations
E. Unfunded Mandates Reform Act ■ 2. Add § 165.T11–960 to read as Dated: November 29, 2018.
follows: Anthony J. Ceraolo,
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires Captain, U.S. Coast Guard, Captain of the
§ 165.T11–960 Safety Zone; Winter on the
Port, San Francisco.
Federal agencies to assess the effects of Waterfront Fireworks Display, Berkeley, CA
their discretionary regulatory actions. In [FR Doc. 2018–26607 Filed 12–7–18; 8:45 am]
(a) Location. The following area is a
particular, the Act addresses actions BILLING CODE 9110–04–P
safety zone: All navigable waters of the
that may result in the expenditure by a San Francisco Bay within 100 feet of the
State, local, or tribal government, in the fireworks barge during loading and
aggregate, or by the private sector of staging at Berkeley Marina Ferry Dock, LIBRARY OF CONGRESS
$100,000,000 (adjusted for inflation) or Berkeley, as well as transit and arrival
more in any one year. Though this rule to the display location. From 3:00 p.m. Copyright Royalty Board
will not result in such expenditure, we on December 8, 2018 until
do discuss the effects of this rule approximately 4:00 p.m. on December 8, 37 CFR Part 380
elsewhere in this preamble. 2018, the fireworks barge will be
loading and staged at Berkeley Marina [Docket No. 14–CRB–0001–WR (2016–2020)
F. Environment COLA 2019]
Ferry Dock. The safety zone will expand
We have analyzed this rule under to all navigable waters around and
Department of Homeland Security Cost of Living Adjustment to Royalty
under the firework barge within a radius
Management Directive 023–01 and Rates for Webcaster Statutory License;
of 140 feet in approximate position
Commandant Instruction M16475.1D, Correction
37°51′58″ N, 122°19′11″ W (NAD 83) 30
which guide the Coast Guard in minutes prior to the start of the two 3- AGENCY: Copyright Royalty Board (CRB),
complying with the National minute fireworks displays, scheduled to Library of Congress.
Environmental Policy Act of 1969 (42 begin at 5:30 p.m. and 6:15 p.m. on ACTION: Final rule; cost of living
U.S.C. 4321–4370f), and have December 8, 2018. adjustment; correction.
determined that this action is one of a (b) Enforcement period. The zone
category of actions that do not described in paragraph (a) of this SUMMARY: This document corrects the
individually or cumulatively have a section will be enforced from 3:00 p.m. preamble to and one paragraph of the
significant effect on the human on December 8, 2018 until final rule published in the Federal
environment. This rule involves a safety approximately 6:45 p.m. on December 8, Register of November 28, 2018,
zone of limited size and duration. It is 2018. The Captain of the Port San regarding the cost of living adjustment
categorically excluded from further Francisco (COTP) will notify the (COLA) to the royalty rate that
review under Categorical Exclusion maritime community of periods during noncommercial noninteractive
L60(a) of Appendix A, Table 1 of DHS which these zones will be enforced via webcasters pay for eligible
Instruction Manual 023–01–001–01, Notice to Mariners in accordance with transmissions pursuant to the statutory
Rev. 01. A Record of Environmental 33 CFR 165.7. licenses for the public performance of
Consideration supporting this (c) Definitions. As used in this and for the making of ephemeral
determination is available in the docket section, ‘‘designated representative’’ reproductions of sound recordings.
where indicated under ADDRESSES. means a Coast Guard Patrol DATES: Effective Date: January 1, 2019.
Commander, including a Coast Guard
G. Protest Activities FOR FURTHER INFORMATION CONTACT:
coxswain, petty officer, or other officer
The Coast Guard respects the First on a Coast Guard vessel or a Federal, Anita Blaine, CRB Program Assistant, by
Amendment rights of protesters. State, or local officer designated by or telephone at (202) 707–7658 or by email
Protesters are asked to contact the assisting the COTP in the enforcement at crb@loc.gov.
person listed in the FOR FURTHER of the safety zone. SUPPLEMENTARY INFORMATION: The
INFORMATION CONTACT section to (d) Regulations. (1) Under the general preamble and the regulatory language
coordinate protest activities so that your regulations in 33 CFR part 165, subpart appearing on page 61125 in the Federal
message can be received without C, entering into, transiting through, or Register of Wednesday, November 28,
jeopardizing the safety or security of anchoring within this safety zone is 2018, reflected an error in calculating
people, places or vessels. prohibited unless authorized by the the COLA for the rate for
COTP or the COTP’s designated noncommercial webcasters, and
List of Subjects in 33 CFR Part 165 therefore the Judges make the following
representative.
Harbors, Marine safety, Navigation (2) The safety zone is closed to all corrections to the preamble and the final
(water), Reporting and recordkeeping vessel traffic, except as may be rule:
requirements, Security measures, permitted by the COTP or a designated Corrections
Waterways. representative.
For the reasons discussed in the (3) Vessel operators desiring to enter In FR Doc. 2018–25908 appearing on
preamble, the Coast Guard amends 33 or operate within the safety zone must page 61125 in the Federal Register of
CFR part 165 as follows: contact the COTP or a designated Wednesday, November 28, 2018, make
representative to obtain permission to the following corrections:
PART 165—REGULATED NAVIGATION do so. Vessel operators given permission Preamble
AREAS AND LIMITED ACCESS AREAS to enter or operate in the safety zone
must comply with all directions given to ■ 1. In the SUPPLEMENTARY INFORMATION
■ 1. The authority citation for part 165 them by the COTP or a designated section, on page 61125 in the second
continues to read as follows: representative. Persons and vessels may column, in the third paragraph,
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; request permission to enter the safety ‘‘$0.0018’’ is corrected to read
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; zones on VHF–23A or through the 24- ‘‘$0.0017’’ and in the third column, in
Department of Homeland Security Delegation hour Command Center at telephone the first full paragraph, ‘‘$0.0019’’ is
No. 0170.1 (415) 399–3547. corrected to read ‘‘$0.0018’’.
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![Federal Register / Vol. 83, No. 236 / Monday, December 10, 2018 / Rules and Regulations 63419
Final rule 30, 2010. These statutes are collectively for the 2015 benefit year and other
referred to as ‘‘PPACA’’ in this final parameters related to the risk
§ 380.10 [Corrected] rule. Section 1343 of the PPACA adjustment program (proposed 2015
■ 2. On page 61125, in the third column, established an annual permanent risk Payment Notice). We published the
in § 380.10, in paragraph (a)(2), adjustment program under which 2015 Payment Notice final rule in the
‘‘$0.0019’’ is corrected to read payments are collected from health March 11, 2014 Federal Register (79 FR
‘‘$0.0018’’. insurance issuers that enroll relatively 13743). In the May 27, 2014 Federal
Dated: December 3, 2018. low-risk populations, and payments are Register (79 FR 30240), the 2015 fiscal
David R. Strickler, made to health insurance issuers that year sequestration rate for the risk
enroll relatively higher-risk populations.
Copyright Royalty Judge. adjustment program was announced.
Consistent with section 1321(c)(1) of the
[FR Doc. 2018–26606 Filed 12–7–18; 8:45 am] In the November 26, 2014 Federal
PPACA, the Secretary is responsible for
BILLING CODE 1410–72–P
operating the risk adjustment program Register (79 FR 70673), we published a
on behalf of any state that elects not to proposed rule outlining the proposed
do so. For the 2018 benefit year, HHS Federally certified risk adjustment
DEPARTMENT OF HEALTH AND is responsible for operation of the risk methodologies for the 2016 benefit year
HUMAN SERVICES adjustment program in all 50 states and and other parameters related to the risk
the District of Columbia. adjustment program (proposed 2016
45 CFR Part 153 HHS sets the risk adjustment Payment Notice). We published the
[CMS–9919–F] methodology that it uses in states that 2016 Payment Notice final rule in the
elect not to operate risk adjustment in February 27, 2015 Federal Register (80
RIN 0938–AT66 advance of each benefit year through a FR 10749).
notice-and-comment rulemaking
Patient Protection and Affordable Care process with the intention that issuers In the December 2, 2015 Federal
Act; Adoption of the Methodology for will be able to rely on the methodology Register (80 FR 75487), we published a
the HHS-Operated Permanent Risk to price their plans appropriately (see 45 proposed rule outlining the Federally
Adjustment Program for the 2018 CFR 153.320; 76 FR 41930, 41932 certified risk adjustment methodology
Benefit Year Final Rule through 41933; 81 FR 94058, 94702 for the 2017 benefit year and other
(explaining the importance of setting parameters related to the risk
AGENCY: Centers for Medicare &
Medicaid Services (CMS), Department rules ahead of time and describing adjustment program (proposed 2017
of Health and Human Services (HHS). comments supporting that practice)). Payment Notice). We published the
In the July 15, 2011 Federal Register 2017 Payment Notice final rule in the
ACTION: Final rule. (76 FR 41929), we published a proposed March 8, 2016 Federal Register (81 FR
rule outlining the framework for the risk 12204).
SUMMARY: This final rule adopts the
adjustment program. We implemented
HHS-operated risk adjustment In the September 6, 2016 Federal
the risk adjustment program in a final
methodology for the 2018 benefit year. Register (81 FR 61455), we published a
rule, published in the March 23, 2012
In February 2018, a district court proposed rule outlining the Federally
Federal Register (77 FR 17219)
vacated the use of statewide average certified risk adjustment methodology
(Premium Stabilization Rule). In the
premium in the HHS-operated risk for the 2018 benefit year and other
December 7, 2012 Federal Register (77
adjustment methodology for the 2014 parameters related to the risk
FR 73117), we published a proposed
through 2018 benefit years. Following adjustment program (proposed 2018
rule outlining the proposed Federally
review of all submitted comments to the certified risk adjustment methodologies Payment Notice). We published the
proposed rule, HHS is adopting for the for the 2014 benefit year and other 2018 Payment Notice final rule in the
2018 benefit year an HHS-operated risk parameters related to the risk December 22, 2016 Federal Register (81
adjustment methodology that utilizes adjustment program (proposed 2014 FR 94058).
the statewide average premium and is Payment Notice). We published the
operated in a budget-neutral manner, as In the November 2, 2017 Federal
2014 Payment Notice final rule in the
established in the final rules published Register (82 FR 51042), we published a
March 11, 2013 Federal Register (78 FR
in the March 23, 2012 and the December 15409). In the June 19, 2013 Federal proposed rule outlining the federally
22, 2016 editions of the Federal Register (78 FR 37032), we proposed a certified risk adjustment methodology
Register. modification to the HHS-operated risk for the 2019 benefit year. In that
DATES: The provisions of this final rule adjustment methodology related to proposed rule, we proposed updates to
are effective on February 8, 2019. community rating states. In the October the risk adjustment methodology and
30, 2013 Federal Register (78 FR amendments to the risk adjustment data
FOR FURTHER INFORMATION CONTACT:
Abigail Walker, (410) 786–1725; Adam 65046), we finalized this proposed validation process (proposed 2019
Shaw, (410) 786–1091; Jaya Ghildiyal, modification related to community Payment Notice). We published the
(301) 492–5149; or Adrianne Patterson, rating states. We published a correcting 2019 Payment Notice final rule in the
(410) 786–0686. amendment to the 2014 Payment Notice April 17, 2018 Federal Register (83 FR
final rule in the November 6, 2013 16930). We published a correction to the
SUPPLEMENTARY INFORMATION:
Federal Register (78 FR 66653) to 2019 risk adjustment coefficients in the
I. Background address how an enrollee’s age for the 2019 Payment Notice final rule in the
risk score calculation would be May 11, 2018 Federal Register (83 FR
A. Legislative and Regulatory Overview
determined under the HHS-operated 21925). On July 27, 2018, consistent
The Patient Protection and Affordable risk adjustment methodology. with § 153.320(b)(1)(i), we updated the
Care Act (Pub. L. 111–148) was enacted In the December 2, 2013 Federal 2019 benefit year final risk adjustment
on March 23, 2010; the Health Care and Register (78 FR 72321), we published a model coefficients to reflect an
Education Reconciliation Act of 2010 proposed rule outlining the Federally
additional recalibration related to an
(Pub. L. 111–152) was enacted on March certified risk adjustment methodologies
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Document Created: 2018-12-08 00:21:49
Document Modified: 2018-12-08 00:21:49
| 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; cost of living adjustment; correction. | |
| Dates | Effective Date: January 1, 2019. | |
| Contact | Anita Blaine, CRB Program Assistant, by telephone at (202) 707-7658 or by email at [email protected] | |
| FR Citation | 83 FR 63418 |
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