71502 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 

1Program Suppliers and Joint Sports Claimants 

comprised the Copyright Owners while DIRECTV, 

Inc.; DISH Network, LLC and National 

Programming Service, LLC, comprised the Satellite 

Carriers. 

2On November 20, 2013, the Bureau of Labor 

Statistics announced that the CPI–U increased 1.0% 

over the last 12 months. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) of 1% 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 

2012 to October 2013. 

DATES: Effective Date: January 1, 2014. 

Applicability Dates: These rates are 

applicable to the period January 1, 2014, 

through December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, Program Specialist. 

Telephone: (202) 707–7658. Email: crb@

loc.gov. 

SUPPLEMENTARY INFORMATION: The 

satellite carrier compulsory license 

establishes a statutory copyright 

licensing scheme for the retransmission 

of distant television programming by 

satellite carriers. 17 U.S.C. 119. 

Congress created the license in 1988 and 

has reauthorized the license for 

additional five-year periods, most 

recently with the Satellite Television 

Extension and Localism Act of 2010 

(STELA), Public Law 111–175. 

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 adopted by the Judges 

were proposed by Copyright Owners 

and Satellite Carriers 1 and were 

unopposed. Id. Section 119(c)(2) of the 

Copyright Act requires the Judges to 

adjust the adopted rates annually ‘‘to 

reflect any changes occurring in the cost 

of living adjustment as determined by 

the most recent Consumer Price Index 

(for all consumers and for all items) 

[CPI–U] published . . . 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). Today’s 

notice fulfills this obligation. 

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, 2012, to 

the most recent index published before 

December 1, 2013, is 1%.2 Application 

of the 1% COLA to the current rate for 

the secondary transmission of broadcast 

stations by satellite carriers for private 

home viewing—27 cents per subscriber 

per month—results in the same rate of 

27 cents per subscriber per month 

(rounded to the nearest cent). See 37 

CFR 386.2(b)(1). Application of the 1% 

COLA to the current rate for viewing in 

commercial establishments—54 cents 

per subscriber per month—results in an 

adjusted rate of 55 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 

revising paragraphs (b)(1)(v) and 

(b)(2)(v) as follows: 

§ 386.2 Royalty fee for secondary 

transmission by satellite carriers. 

* * * * * 

(b) * * * 

(1) * * * 

(v) 2014: 27 cents per subscriber per 

month. 

(2) * * * 

(v) 2014: 55 cents per subscriber per 

month. 

Dated: November 21, 2013. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

[FR Doc. 2013–28632 Filed 11–27–13; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0455; FRL–9903–17– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

Revisions to the Knox County Portion 

of the Tennessee State Implementation 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC) 

on December 13, 2012. EPA proposed 

action on this revision on August 16, 

2013, and received no adverse 

comments. The SIP submittal revises the 

definition of ‘‘Modification’’ in Knox 

County Air Quality Management 

Regulation Section 13 Definitions. TDEC 

considers Knox County’s SIP revision to 

be as or more stringent than the 

Tennessee SIP requirements. EPA is 

approving the Knox County SIP revision 

because the State has demonstrated that 

it is consistent with the Clean Air Act 

(CAA or Act). 

DATES: This rule will be effective 

December 30, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0455. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. This Action 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. This Action 

On December 13, 2012, TDEC 

submitted a SIP revision to EPA for 

approval into the Knox County portion 

of the Tennessee SIP. Specifically, the 


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Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 71503 

December 13, 2012, SIP revises the 

definition of ‘‘Modification’’ in Knox 

County Regulation, section 13.0— 

Definitions. The additions of 

subparagraphs E and F to the definition 

of ‘‘Modification’’ allows the local 

permit program authority to provide 

adequate, streamlined, and reasonable 

procedures for expeditiously processing 

permit changes by excluding certain 

modifications from construction 

permitting. The addition of 

subparagraph E provides that certain 

modifications (physical/method of 

operation) at major sources that are not 

considered Title I modifications do not 

require construction permits. The 

addition at subparagraph F establishes 

criteria for which a physical change or 

change in the method of operation for a 

minor source does not need a 

construction permit. 

EPA proposed approval of 

Tennessee’s December 13, 2012, 

submission on August 16, 2013 (78 FR 

49990), and received no adverse 

comments on its proposed action. 

II. Final Action 

EPA is approving the aforementioned 

change to the Knox County portion of 

the Tennessee SIP, because it is 

consistent with EPA policy and the 

CAA. 

III. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Order 12866 (58 FR 51735, 

October 4, 1993); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian 

country, and EPA notes that it will not 

impose substantial direct costs on tribal 

governments or preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by January 28, 2014. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this action for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. See section 

307(b)(2). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Particulate matter, 

Reporting and recordkeeping 

requirements and Sulfur oxides. 

Dated: November 12, 2013. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

40 CFR part 52 is amended as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart RR—Tennessee 

■ 2. Section 52.2220(c) is amended by 

revising the entry in Table 3 for 

‘‘Section 13.0’’ to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS

State 

section Title/subject State effective date EPA approval date Explanation 

*******

13.0 .......... Definitions ........................................ 10/17/2012 11/29/2013 [Insert first page of publication].


sroberts on DSK5SPTVN1PROD with RULES
71504 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 

TABLE 3—EPA APPROVED KNOX COUNTY, REGULATIONS—Continued 

State 

section Title/subject State effective date EPA approval date Explanation 

*******

* * * * * 

[FR Doc. 2013–28377 Filed 11–27–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2012–0113; A–1–FRL– 

9903–21–Region 1] 

Approval and Promulgation of Air 

Quality Implementation Plans; New 

Hampshire; Transportation Conformity 

and Conformity of General Federal 

Actions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New 

Hampshire. This revision establishes 

transportation conformity criteria and 

procedures related to interagency 

consultation and enforceability of 

certain transportation-related control 

measures and mitigation measures. In 

addition, the revision relies on the 

Federal rule for General Conformity. 

The intended effect of this action is to 

approve State criteria and procedures to 

govern conformity determinations. This 

action is being taken in accordance with 

the Clean Air Act. 

DATES: This direct final rule is effective 

January 28, 2014, unless EPA receives 

adverse comments by December 30, 

2013. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final rule in the Federal 

Register informing the public that the 

rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R01–OAR–2012–0113 by one of the 

following methods: 

1. www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

2. Email: arnold.anne@epa.gov. 

3. Fax: (617) 918–0047. 

4. Mail: ‘‘Docket Identification 

Number EPA–R01–OAR–2012–0113,’’ 

Anne Arnold, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, Office of Ecosystem 

Protection, Air Quality Planning Unit, 5 

Post Office Square—Suite 100, (Mail 

code OEP05–2), Boston, MA 02109– 

3912. 

5. Hand Delivery or Courier. Deliver 

your comments to: Anne Arnold, 

Manager, Air Quality Planning Unit, 

Office of Ecosystem Protection, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, Office of 

Ecosystem Protection, Air Quality 

Planning Unit, 5 Post Office Square— 

Suite 100, (Mail code OEP05–2), Boston, 

MA 02109–3912. Such deliveries are 

only accepted during the Regional 

Office’s normal hours of operation. The 

Regional Office’s official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m., excluding legal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OAR–2012– 

0113. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through 

www.regulations.gov, or email, 

information that you consider to be CBI 

or otherwise protected. The 

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through 

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the 

electronic docket are listed in the 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in www.regulations.gov or 

in hard copy at Office of Ecosystem 

Protection, U.S. Environmental 

Protection Agency, EPA New England 

Regional Office, 5 Post Office Square— 

Suite 100, Boston, MA. EPA requests 

that if at all possible, you contact the 

contact listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding legal holidays. 

In addition, copies of the state 

submittal are also available for public 

inspection during normal business 

hours, by appointment at the State Air 

Agency: Air Resources Division, 

Department of Environmental Services, 

6 Hazen Drive, P.O. Box 95, Concord, 

NH 03302–0095. 

FOR FURTHER INFORMATION CONTACT: 

Donald O. Cooke, Air Quality Unit, U.S. 

Environmental Protection Agency, EPA 

New England Regional Office, 5 Post 

Office Square—Suite 100, (Mail code 

OEP05–2), Boston, MA 02109–3912, 

telephone number (617) 918–1668, fax 

number (617) 918–0668, email 

cooke.donald@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Organization of this document. The 

following outline is provided to aid in 

locating information in this preamble. 

I. Background and Purpose 

A. What is Transportation Conformity? 

B. What is General Conformity? 

C. Call to States for Conformity SIP 

Revisions 

D. Transportation Conformity Provisions of 

Safe, Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) 

E. General Conformity Affected by 

SAFETEA–LU 


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