48372 Federal Register / Vol. 81, No. 142 / Monday, July 25, 2016 / Proposed Rules 
2The current definition is: ‘‘Licensee is a person 
or entity that has obtained a compulsory license 
under 17 U.S.C. 115, and the implementing regulations, to make and distribute phonorecords of a nondramatic musical work, including by means of a digital phonorecord delivery.’’ 37 CFR 385.2. should apply to ‘‘Subpart A 
Configurations made and distributed by or on behalf of UMG and WMG’’ and, in the Judges’ discretion, to other licensees. Motion at 3. 
Section 801(b)(7)(A) of the Copyright 
Act authorizes the Judges to adopt rates and terms negotiated by ‘‘some or all of the participants in a proceeding at any time during the proceeding’’ provided they are submitted to the Judges for approval. This section provides that Judges shall provide notice and an opportunity to comment on the agreement to (1) those that would be bound and (2) participants in the proceeding that would be bound by the 
terms, rates, or other determination set by the agreement. See section 
801(b)(7)(A). The Judges may decline to adopt the agreement as a basis for statutory terms and rates for participants not party to the agreement if any participant objects and the Judges conclude that the agreement does not provide a reasonable basis for setting statutory terms or rates. Id. 
If the Judges adopt rates and terms 
reached pursuant to a negotiated settlement, those rates and terms are binding on all copyright owners of musical works and those using the musical works in the activities described in the proposed regulations. 
Proposed Adjustments to Rates and 
Terms 
In publishing the parties’ proposed 
rates and terms, the Judges are making the requested change in the cross reference because it is clearly outdated. The text of the section it refers to merely says ‘‘reserved.’’ In addition, the Judges propose adding the dates of the five-year period to the ‘‘General’’ section in order to specify the applicable dates of the rates and terms. 
In the event the Judges determine not 
to adopt the proposed regulations for all copyright owners of musical works licensed under section 115 for the making or distributing of physical or digital phonorecords, the parties have proposed the following revised definition of licensee
2, which would 
make the rates in the partial settlement applicable only to ‘‘Subpart A Configurations made and distributed by or on behalf of [licensees] UMG and WMG’’: 
Licensee is Capitol Christian Music Group, 
Inc., Capitol Records, LLC, UMG Recordings, 
Inc., Warner Music Inc., any of their respective successors, and any entity 
controlling, controlled by, or under common control with any such entity, when it has obtained a compulsory license under 17 U.S.C. 115, and the implementing regulations, to make and distribute phonorecords of a nondramatic musical work, including by means of a digital phonorecord delivery. 
The Judges solicit comments on 
whether they should adopt the proposed 
regulations, including the change in the cross reference, as statutory rates and terms relating to the making and distribution of physical or digital phonorecords of nondramatic musical works for the participants that submitted the Motion. In addition, the Judges seek comment on whether they should apply the rates and terms in the partial settlement to all copyright owners and licensees and whether they should specify the five-year period in the regulation. 
Comments and objections must be 
submitted no later than August 24, 2016. 
How To Submit Comments 
Interested members of the public must 
submit comments to only one of the 
following addresses. If not commenting 
by email or online, commenters must submit an original of their comments, five paper copies, and an electronic version in searchable PDF format on a CD. 
Email: crb@loc.gov; or 
Online: http://www.regulations.gov; or 
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. 
List of Subjects in 37 CFR Part 385 
Copyright, Phonorecords, Recordings. 
Proposed Regulations 
For the reasons set forth in the 
preamble, the Copyright Royalty Judges 
propose to amend 37 CFR part 385 as follows: PART 385—RATES AND TERMS FOR USE OF MUSICAL WORKS UNDER COMPULSORY LICENSE FOR MAKING AND DISTRIBUTING OF PHYSICAL AND DIGITAL PHONORECORDS 
■1. The authority citation for part 385 
continues to read as follows: 
Authority: 17 U.S.C. 115, 801(b)(1), 
804(b)(4). 
§ 385.1 [Amended] 
■2. Section 385.1(a) is amended by 
adding ‘‘, during the period January 1, 
2018, through December 31, 2022’’ after ‘‘17 U.S.C. 115’’. 
§ 385.4 [Amended] 
■3. Section 385.4 is amended by 
removing ‘‘§ 201.19(e)(7)(i)’’ and adding ‘‘§ 210.16(g)(1)’’ in its place. 
Dated: July 19, 2016. 
Suzanne M. Barnett, 
Chief Copyright Royalty Judge. 
[FR Doc. 2016–17437 Filed 7–22–16; 8:45 am] 
BILLING CODE 1410–72–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 63 
[EPA–HQ–OAR–2011–0817; FRL–9949–45– 
OAR] 
RIN 2060–AS98 
National Emission Standards for 
Hazardous Air Pollutants for the Portland Cement Manufacturing Industry 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Proposed rule. 
SUMMARY : The Environmental Protection 
Agency (EPA) is proposing to amend the National Emission Standards for Hazardous Air Pollutants for the Portland Cement Manufacturing Industry. In the ‘‘Rules and Regulations’’ section of this Federal Register, we are publishing a direct final rule, without a prior proposed rule, that corrects an inadvertent error and temporarily revises the testing and monitoring requirements for hydrochloric acid (HCl) due to the current unavailability of a calibration gas used for quality assurance purposes. If we receive no adverse comment, we will not take further action on this proposed rule. 
DATES : Written comments must be 
received by August 24, 2016. 
ADDRESSES : Submit your comments, 
identified by Docket ID No. EPA–HQ– 
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OAR–2011–0817, to the Federal 
eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, Cloud, or 
other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets. 
FOR FURTHER INFORMATION CONTACT : Ms. 
Sharon Nizich, Sector Policies and Programs Division (D243–02), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541– 2825; fax number: (919) 541–5450; and email address: nizich.sharon@epa.gov. 
SUPPLEMENTARY INFORMATION : 
I. Why is the EPA issuing this proposed rule? 
This document proposes to take 
action on amendments to the National Emission Standards for Hazardous Pollutants for the Portland Cement Manufacturing Industry. We have published a direct final rule to amend 40 CFR part 63, subpart LLL by correcting an inadvertent error and revising the testing and monitoring requirements for HCl in the ‘‘Rules and Regulations’’ section of this Federal Register because we view this as a 
noncontroversial action and anticipate no adverse comment. We have explained our reasons for this action in the preamble to the direct final rule. 
If we receive no adverse comment, we 
will not take further action on this proposed rule. If we receive adverse comment on a distinct portion of the direct final rule, we will withdraw that portion of the rule and it will not take effect. In this instance, we would address all public comments in any subsequent final rule based on this 
proposed rule. 
If we receive adverse comment on a 
distinct provision of the direct final 
rule, we will publish a timely withdrawal in the Federal Register 
indicating which provisions we are withdrawing. The provisions that are not withdrawn will become effective on the date set out in the direct final rule, notwithstanding adverse comment on any other provision. We do not intend to institute a second comment period on this action. Any parties interested in commenting must do so at this time. 
The regulatory text for this proposal is 
identical to that for the direct final rule published in the ‘‘Rules and Regulations’’ section of this Federal Register. For further supplementary information, the detailed rationale for this proposal and the regulatory revisions, see the direct final rule published in the ‘‘Rules and Regulations’’ section of this Federal Register. 
II. Does this action apply to me? 
Categories and entities potentially 
regulated by this proposed rule include: 
Category NAICS 
Code1 
Portland cement manufacturing fa-
cilities ............................................ 327310 
1North American Industry Classification 
System. 
This table is not intended to be 
exhaustive, but rather provides a guide 
for readers regarding entities likely to be regulated by this proposed rule. To determine whether your facility is affected, you should examine the applicability criteria in 40 CFR 63.1340. If you have any questions regarding the applicability of any aspect of this this action to a particular entity, consult either the air permitting authority for the entity or your EPA Regional representative as listed in 40 CFR 63.13. 
III. Statutory and Executive Orders 
For a complete discussion of the 
administrative requirements applicable 
to this action, see the direct final rule in the ‘‘Rules and Regulations’’ section of this Federal Register. 
Dated: July 14, 2016. 
Gina McCarthy, 
Administrator. 
[FR Doc. 2016–17292 Filed 7–22–16; 8:45 am] 
BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 171 
[EPA–HQ–OPP–2011–0183; FRL–9947–75] 
RIN 2070–AJ20 
Notification of Submission to the 
Secretary of Agriculture; Pesticides; Certification of Pesticide Applicators 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Notification of submission to 
the Secretary of Agriculture. 
SUMMARY : This document notifies the 
public as required by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) that the EPA Administrator has forwarded to the Secretary of the United States Department of Agriculture (USDA) a draft regulatory document concerning the certification of pesticide applicators rule revisions. The draft regulatory document is not available to the public until after it has been signed and made available by EPA. 
DATES : See Unit I. under SUPPLEMENTARY  
INFORMATION . 
ADDRESSES : The docket for this action, 
identified by docket identification (ID) number EPA–HQ–OPP–2011–0183, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 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. Please review the visitor instructions and additional information about the docket available at http://www.epa.gov/dockets. 
FOR FURTHER INFORMATION CONTACT : 
Michelle Arling, Field and External Affairs Division (7506P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460–0001; telephone number: (703) 308–5891; email address: arling.michelle@epa.gov. 
SUPPLEMENTARY INFORMATION : 
I. What action is EPA taking? 
Section 25(a)(2)(B) of FIFRA requires 
the EPA Administrator to provide the Secretary of USDA with a copy of any draft final rule at least 30 days before signing it in final form for publication in the Federal Register. The draft final 
rule is not available to the public until 
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