Cost of Living Adjustment to Satellite Carrier Compulsory License Royalty Rates

CourtCopyright Royalty Board,Library Of Congress
Citation86 FR 67328
Publication Date26 November 2021
Record Number2021-25719
67328
Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Rules and Regulations
Regulatory Enforcement Ombudsman
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Security
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. It is categorically
excluded from further review under
paragraph L60 of Appendix A, Table 1
of DHS Instruction Manual 023–01–
001–01, Rev. 1. A record of
environmental consideration is not
needed but will be included into the
docket if it becomes necessary.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the
FOR FURTHER
INFORMATION CONTACT
section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
2. Add § 165.T08–0855 to read as
follows:
§ 165.T08–0855 Safety Zone; Lower
Mississippi River, Mile Markers 595–597,
Waxhaw, MS.
(a) Location. The following area is a
safety zone: All navigable waters of the
Lower Mississippi River from Mile
Marker (MM) 595 through MM 597.
(b) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the Captain
of the Port Sector Lower Mississippi
River (COTP) or the COTP’s designated
representative. A designated
representative is a commissioned,
warrant, or petty officer of the U.S.
Coast Guard (USCG) assigned to units
under the operational control of USCG
Sector Lower Mississippi River.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative via VHF–FM channel 16
or by telephone at 314–269–2332. Those
in the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative.
(c) Enforcement period. This section
will be enforced from December 1, 2021,
through January 1, 2022.
(d) Information broadcasts. The COTP
or a designated representative will
inform the public of the enforcement
times and date for this safety zone
through Broadcast Notices to Mariners,
Local Notices to Mariners, and/or Safety
Marine Information Broadcasts, as
appropriate.
Dated: November 19, 2021.
R.S. Rhodes,
Captain, U.S. Coast Guard, Captain of the
Port Sector Lower Mississippi River.
[FR Doc. 2021–25766 Filed 11–24–21; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 386
[Docket No. 21–CRB–0012–SA–COLA
(2022)]
Cost of Living Adjustment to Satellite
Carrier Compulsory License Royalty
Rates
AGENCY
: Copyright Royalty Board (CRB),
Library of Congress.
ACTION
: Final rule; cost of living
adjustment.
SUMMARY
: The Copyright Royalty Judges
announce a cost of living adjustment
(COLA) of 6.2% in the royalty rates
satellite carriers pay for a compulsory
license under the Copyright Act. The
COLA is based on the change in the
Consumer Price Index from October
2020 to October 2021.
DATES
:
Effective date: January 1, 2022.
Applicability dates: These rates are
applicable to the period January 1, 2022,
through December 31, 2022.
FOR FURTHER INFORMATION CONTACT
:
Anita Blaine, (202) 707–7658, crb@
loc.gov.
SUPPLEMENTARY INFORMATION
: The
satellite carrier compulsory license
establishes a statutory copyright
licensing scheme for the distant
retransmission of television
programming by satellite carriers. 17
U.S.C. 119. Congress created the license
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67329
Federal Register / Vol. 86, No. 225 / Friday, November 26, 2021 / Rules and Regulations
1
The most recent five-year reauthorization was
pursuant to the STELA Reauthorization Act of 2014,
Public Law 113–200. The license was made
permanent by the Satellite Television Community
Protection and Promotion Act of 2019, Public Law
116–94, div. P, title XI, section 1102(a), (c)(1), 133
Stat. 3201, 3203.
2
Program Suppliers and Joint Sports Claimants
comprised the Copyright Owners while DIRECTV,
Inc., DISH Network, LLC, and National
Programming Service, LLC, comprised the Satellite
Carriers.
3
On November 10, 2021, the Bureau of Labor
Statistics announced that the CPI–U increased 6.2%
over the last 12 months.
1
86 FR 38652.
in 1988 and reauthorized the license for
additional five-year periods until 2019
when it made the license permanent.
1
On August 31, 2010, the Copyright
Royalty Judges (Judges) adopted rates
for the section 119 compulsory license
for the 2010–2014 term. See 75 FR
53198. The rates were proposed by
Copyright Owners and Satellite
Carriers
2
and were unopposed. Id.
Section 119(c)(2) of the Copyright Act
provides that, effective January 1 of each
year, the Judges shall adjust the royalty
fee payable under Section 119(b)(1)(B)
‘‘to reflect any changes occurring in the
cost of living as determined by the most
recent Consumer Price Index (for all
consumers and for all items) [CPI–U]
published by the Secretary of Labor
before December 1 of the preceding
year.’’ Section 119 also requires that
‘‘[n]otification of the adjusted fees shall
be published in the Federal Register at
least 25 days before January 1.’’ 17
U.S.C. 119(c)(2).
The change in the cost of living as
determined by the CPI–U during the
period from the most recent index
published before December 1, 2020, to
the most recent index published before
December 1, 2021, is 6.2%.
3
Application
of the 6.2% COLA to the current rate for
the secondary transmission of broadcast
stations by satellite carriers for private
home viewing—30 cents per subscriber
per month—results in a rate of 32 cents
per subscriber per month (rounded to
the nearest cent). See 37 CFR
386.2(b)(1). Application of the 6.2%
COLA to the current rate for viewing in
commercial establishments—61 cents
per subscriber per month—results in a
rate of 65 cents per subscriber per
month (rounded to the nearest cent). See
37 CFR 386.2(b)(2).
List of Subjects in 37 CFR Part 386
Copyright, Satellite, Television.
Final Regulations
In consideration of the foregoing, the
Judges amend part 386 of title 37 of the
Code of Federal Regulations as follows:
PART 386—ADJUSTMENT OF
ROYALTY FEES FOR SECONDARY
TRANSMISSIONS BY SATELLITE
CARRIERS
1. The authority citation for part 386
continues to read as follows:
Authority: 17 U.S.C. 119(c), 801(b)(1).
2. Section 386.2 is amended by adding
paragraphs (b)(1)(xiii) and (b)(2)(xiii) to
read as follows:
§ 386.2 Royalty fee for secondary
transmission by satellite carriers.
* * * * *
(b) * * *
(1) * * *
(xiii) 2022: 32 cents per subscriber per
month.
(2) * * *
(xiii) 2022: 65 cents per subscriber per
month.
Dated: November 19, 2021.
Steve Ruwe,
Copyright Royalty Judge.
[FR Doc. 2021–25719 Filed 11–24–21; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2021–0260; FRL–8644–01–
R9]
Partial Approval and Partial
Disapproval of Air Quality
Implementation Plans; California; San
Joaquin Valley Serious Area and
Section 189(d) Plan for Attainment of
the 1997 Annual PM
2.5
NAAQS
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Final rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is taking final action to
approve in part and disapprove in part
portions of state implementation plan
(SIP) revisions submitted by California
to address Clean Air Act (CAA or ‘‘Act’’)
requirements for the 1997 annual fine
particulate matter (PM
2.5
) national
ambient air quality standards (NAAQS
or ‘‘standards’’) in the San Joaquin
Valley PM
2.5
nonattainment area.
Specifically, the EPA is approving the
2013 base year emissions inventories in
the submitted SIP revision. The EPA is
disapproving the attainment
demonstration and related elements,
including the comprehensive precursor
demonstration, five percent annual
emissions reductions demonstration,
best available control measures (BACM)
demonstration, reasonable further
progress (RFP) demonstration,
quantitative milestones, and
contingency measures. The EPA is also
disapproving the motor vehicle
emissions budgets in the plan as not
meeting the requirements of the CAA
and EPA regulations.
DATES
: This rule is effective on
December 27, 2021.
ADDRESSES
: The EPA has established a
docket for this action under Docket ID
No. EPA–R09–OAR–2021–0260. All
documents in the docket are listed on
the https://www.regulations.gov
website. Although listed in the index,
some information is not publicly
available, e.g., Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the
FOR FURTHER
INFORMATION CONTACT
section for
additional availability information. If
you need assistance in a language other
than English or if you are a person with
disabilities who needs a reasonable
accommodation at no cost to you, please
contact the person identified in the
FOR
FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT
:
Ashley Graham, Air Planning Office
(ARD–2), EPA Region IX, 75 Hawthorne
Street, San Francisco, CA 94105, (415)
972–3877, or by email at
graham.ashleyr@epa.gov.
SUPPLEMENTARY INFORMATION
:
Throughout this document, ‘‘we,’’ ‘‘us,’’
and ‘‘our’’ refer to the EPA.
Table of Contents
I. Summary of Proposed Rule
II. Public Comments and EPA Responses
A. Comments From SJVUAPCD
B. Comments From Earthjustice
C. Comments From a Private Citizen
III. Final Action
IV. Incorporation by Reference
V. Statutory and Executive Order Reviews
I. Summary of Proposed Rule
On July 22, 2021, the EPA proposed
to approve in part and disapprove in
part portions of SIP revisions submitted
by the California Air Resources Board
(CARB) to meet CAA requirements for
the 1997 annual PM
2.5
NAAQS in the
San Joaquin Valley PM
2.5
nonattainment
area.
1
The SIP revisions on which we
proposed action are those portions of
the ‘‘2018 Plan for the 1997, 2006, and
2012 PM
2.5
Standards’’ (‘‘2018 PM
2.5
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