Adjustment of Cable Statutory License Royalty Rates
| Published date | 23 December 2021 |
| Citation | 86 FR 72845 |
| Record Number | 2021-27913 |
| Section | Rules and Regulations |
| Court | Copyright Royalty Board,Library Of Congress |
72845
Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
1
The Participating Parties are American Society
of Composers, Authors and Publishers, Broadcast
Music, Inc., Canadian Claimants Group (by
Canadian Broadcasting Corporation), Devotional
Claimants (Crystal Cathedral Ministries, et al.),
Global Music Rights, LLC, Joint Sports Claimants,
Motion Picture Association, Commercial Television
Claimants (through the National Association of
Broadcasters), NPR Claimants (through National
Public Radio, Inc.), NCTA-The internet & Television
Association, Public Television Claimants (through
Public Broadcasting Service), and SESAC
Performing Rights, LLC.
2
The period of years for the rates has been
misstated as 2020–2025 in filings in this docket.
The five-year period starting in 2020 ends in 2024,
not 2025. The Judges have adjusted the docket
number to reflect the correct span.
3
The Judges assume that the Participating Parties’
reference to 37 CFR 256.2(c) & (d), which was a
Copyright Office regulation relating to the Judges’
predecessor, was intended to refer to paragraphs
(c)–(d) of 37 CFR 387.2, which the Judges adopted
at the conclusion of the last cable rate proceeding.
See 81 FR 62812 (Sept. 13, 2016) and 81 FR 24523–
24 (Apr. 26, 2016).
4
The Judges also received a petition to participate
from Circle God Network Inc. (through David
Powell), which the Judges concluded failed to state
why it believed it had a significant interest in the
proceeding. The Judges subsequently rejected Mr.
Powell’s petition to participate, Order Rejecting
David Powell’s Petition to Participate and
Permitting Filing of an Amended Petition (Oct. 20,
2020), and later dismissed Mr. Powell from the
proceeding. Order Dismissing David Powell (Nov. 5,
2020).
has determined that Executive Orders
13563 and 12866 do not apply to this
final rulemaking.
VII. Paperwork Reduction Act (PRA)
Notices
There is no collection of information
requirement in this final rule.
VIII. Unfunded Mandates Act of 1995
Statement
Section 202 of the Unfunded
Mandates Reform Act of 1995, 12 U.S.C.
1532, Public Law 104–4 (March 22,
1995) (Unfunded Mandates Act),
requires that an agency prepare a
budgetary impact statement before
promulgating a rule that may result in
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year. If a budgetary impact
statement is required, Section 202 of the
Unfunded Mandates Act also requires
an agency to identify and consider a
reasonable number of regulatory
alternatives before promulgating a rule.
FinCEN has determined that no portion
of this final rule will result in
expenditures by State, local, and tribal
governments, or by the private sector, of
$100 million or more in any one year.
Accordingly, this final rule is not
subject to section 202 of the Unfunded
Mandates Act.
List of Subjects in 31 CFR Part 1010
Administrative practice and
procedure, Banks, Banking, Brokers,
Currency, Foreign banking, Foreign
currencies, Gambling, Investigations,
Penalties, Reporting and recordkeeping
requirements, Securities, Terrorism.
Amendments to the Regulations
For the reasons set forth above in the
preamble, 31 CFR part 1010 is amended
as follows:
PART 1010—GENERAL PROVISIONS
■1. The authority citation for part 1010
is revised to read as follows:
Authority: 12 U.S.C. 1829b and 1951–1960;
31 U.S.C. 5311–5314 and 5316–5336; title III,
sec. 314, Pub. L. 107–56, 115 Stat. 307; sec.
701, Pub. L. 114–74, 129 Stat. 599.
§ 1010.820 [Amended]
■2. Section 1010.820 is amended as
follows:
■a. Remove paragraph (g); and
■b. Redesignate paragraphs (h) and (i)
as paragraphs (g) and (h).
Himamauli Das,
Acting Director, Financial Crimes
Enforcement Network.
[FR Doc. 2021–27623 Filed 12–22–21; 8:45 am]
BILLING CODE 4810–02–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 387
[Docket No. 20–CRB–0008–CA (2020–2024)]
Adjustment of Cable Statutory License
Royalty Rates
AGENCY
: Copyright Royalty Board,
Library of Congress.
ACTION
: Final determination.
SUMMARY
: The Copyright Royalty Judges
published for comment a proposed
settlement governing royalty rates and
terms for the retransmission of over-the-
air television and radio broadcast
stations by cable television systems to
their subscribers. Having received no
comments, the Judges adopt the existing
rates and terms as proposed by the
settlement.
DATES
: The rates are applicable to the
period beginning January 1, 2020, and
ending December 31, 2024.
ADDRESSES
: Docket: For access to the
docket to read background documents,
go to eCRB at https://app.crb.gov and
perform a case search for docket 20–
CRB–0008–CA.
FOR FURTHER INFORMATION CONTACT
:
Anita Blaine, (202) 707–7658, crb@
loc.gov.
SUPPLEMENTARY INFORMATION
: On
January 26, 2021, the Copyright Royalty
Judges (Judges) received a Joint Notice
of Settlement of Participating Parties
1
informing the Judges that they have
agreed not to seek a quinquennial
adjustment in the existing Section 111
royalty rates or gross receipts limitations
pursuant to 17 U.S.C. 804(b)(1)(A)–(B)
for the 2020–2024
2
period. As a result,
the Participating Parties requested that
the Judges terminate this proceeding
without making any changes in (1) the
royalty rates currently set forth in 17
U.S.C. 111(d)(1)(B) and 37 CFR
256.2(c)–(d);
3
and (2) the gross receipts
limitations set forth in 17 U.S.C.
111(d)(1)(E)–(F). Joint Notice at 2.
Section 111 of the Copyright Act grants
a statutory copyright license to cable
television systems for the
retransmission of over-the-air television
and radio broadcast stations to their
subscribers. 17 U.S.C. 111(c). In
exchange for the license, cable operators
submit to the Copyright Office
semiannually royalty payments and
statements of account detailing their
retransmissions. 17 U.S.C. 111(d)(1).
The Copyright Office deposits the
royalties into the United States Treasury
for later distribution to copyright
owners of the broadcast programming
that the cable systems retransmit. 17
U.S.C. 111(d)(2).
A cable system calculates its royalty
payments in accordance with the
statutory formula described in 17 U.S.C.
111(d)(1). Royalty rates are based upon
a cable system’s gross receipts from
subscribers who receive retransmitted
broadcast signals. For rate calculation
purposes, cable systems are divided into
three tiers (small, medium, and large)
based on their gross receipts. 17 U.S.C.
111(d)(1)(B) through (F). Both the
applicable rates and the tiers are subject
to adjustment. 17 U.S.C. 801(b)(2).
Every five years persons with a
significant interest in the royalty rates
may file petitions to initiate a
proceeding to adjust the rates. 17 U.S.C.
804(a)–(b). No person with a significant
interest filed a petition to initiate a
proceeding in 2020. Therefore, the
Judges initiated a rate adjustment
proceeding by publishing a notice and
request for petitions to participate in the
Federal Register. 85 FR 34467 (June 4,
2020). The Judges accepted the petitions
to participate of each of the
Participating Parties and commenced a
Voluntary Negotiation Period (VNP).
Notice of Participants, Commencement
of Voluntary Negotiation Period, and
Scheduling Order (Oct. 20, 2020).
4
In
response to that Notice and Order, on
January 26, 2021, the Participating
Parties submitted a Joint Notice of
Settlement of Participating Parties
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Federal Register / Vol. 86, No. 244 / Thursday, December 23, 2021 / Rules and Regulations
5
As with other filings in this docket, the Joint
Notice of Settlement of Participating Parties
addressed the 2020–2025 period. As indicated
supra, this final action corrects the prior misstated
dates and addresses a narrower period beginning
January 1, 2020, and ending December 31, 2024.
notifying the Judges that they have
agreed not to seek a quinquennial
adjustment in the existing Section 111
royalty rates or gross receipts limitations
pursuant to 17 U.S.C. 804(b)(1)(A)–(B)
for the 2020–2024 period.
5
They
requested that the Judges terminate this
proceeding without making any changes
in the applicable royalty rates and gross
receipts limitations.
Section 801(b)(7)(A) allows for the
adoption of rates and terms negotiated
by ‘‘some or all of the participants in a
proceeding at any time during the
proceeding’’ provided the parties submit
the negotiated rates and terms to the
Judges for approval. That provision
directs the Judges to provide those who
would be bound by the negotiated rates
and terms an opportunity to comment
on the agreement. Unless a participant
in a proceeding objects and the Judges
conclude that the agreement does not
provide a reasonable basis for setting
statutory rates or terms, or the Judges
find the negotiated rates and terms are
contrary to law, the Judges adopt the
negotiated rates and terms. 17 U.S.C.
801(b)(7)(A).
On February 4, 2021, the Judges
published the proposed settlement in
the Federal Register and requested
comments from interested parties
pursuant to 17 U.S.C. 801(b)(7)(A). 86
FR 8222 (Feb. 4, 2021). The Judges
received no comments. Therefore, the
Judges adopt the existing rates and
terms in 37 CFR 387.2 (c) and (d) for the
2020–2024 rate period and close the
proceeding. The Judges hereby give
notice that the adopted rates and terms
and gross receipts limitations will
continue to be binding on all cable
systems that retransmit over-the-air
television and radio broadcast stations
to their subscribers and on all copyright
owners of the broadcast programming
that the cable systems retransmit during
the license period 2020–2024.
Dated: December 9, 2021.
Suzanne M. Barnett,
Chief Copyright Royalty Judge.
Approved:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021–27913 Filed 12–22–21; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2019–0542; FRL–9199–01–
OCSPP]
Bicyclopyrone; Pesticide Tolerances
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Final rule.
SUMMARY
: This regulation establishes
tolerances for residues of bicyclopyrone
in or on the fresh and dried forms of
lemongrass, rosemary, and wormwood.
Syngenta Crop Protection, LLC.,
requested these tolerances under the
Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES
: This regulation is effective
December 23, 2021. Objections and
requests for hearings must be received
on or before February 22, 2022 and must
be filed in accordance with the
instructions provided in 40 CFR part
178 (see also Unit I.C. of the
SUPPLEMENTARY INFORMATION
).
ADDRESSES
: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2019–0542, is
available at https://www.regulations.gov
or at the Office of Pesticide Programs
Regulatory Public Docket (OPP Docket)
in the Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC
20460–0001. The Public Reading Room
is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805.
Due to the public health concerns
related to COVID–19, the EPA Docket
Center (EPA/DC) and Reading Room is
closed to visitors with limited
exceptions. The staff continues to
provide remote customer service via
email, phone, and webform. For the
latest status information on EPA/DC
services and docket access, visit https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT
:
Marietta Echeverria, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460–0001; main
telephone number: (703) 305–7090;
email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION
:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
•Crop production (NAICS code 111).
•Animal production (NAICS code
112).
•Food manufacturing (NAICS code
311).
•Pesticide manufacturing (NAICS
code 32532).
B. How can I get electronic access to
other related information?
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Office of the Federal Register’s e-
CFR site at https://www.ecfr.gov/
current/title-40.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2019–0542 in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing and must be received
by the Hearing Clerk on or before
February 22, 2022. Addresses for mail
and hand delivery of objections and
hearing requests are provided in 40 CFR
178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2019–0542, by one of the following
methods:
•Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
online instructions for submitting
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