71104 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 

1Pursuant to 17 U.S.C. 803(b)(6)(C)(x), the Judges 

set the 60-day discovery period to run from 

November 30, 2011, through January 30, 2012. 

During the discovery period, MRI and CRA each 

withdrew from the proceeding on December 13, 

2011, and January 27, 2012, respectively. 

2A ‘‘public broadcasting entity’’ is defined as a 

‘‘noncommercial educational broadcast station as 

defined in section 397 of title 47 and any nonprofit 

institution or organization engaged in the activities 

described in paragraph (2) of subsection (c)’’ of 

section 118. 17 U.S.C. 118(f). 

(d)(1)(i) through (iv) of this section does 

not vary, and that for any designated 

work, the records of the Copyright 

Office do not include an address at 

which notice can be served. 

* * * * * 

(e) * * * 

(5) If the Notice is filed in the Office 

electronically, the person or entity 

intending to obtain the compulsory 

license or a duly authorized agent of 

such person or entity shall, rather than 

signing the Notice, attest that he or she 

has the appropriate authority of the 

licensee, including any related entities 

listed, if applicable, to submit the 

electronically filed Notice on behalf of 

the licensee. 

* * * * * 

(g) Filing date and legal sufficiency of 

Notices. The Copyright Office will 

notify a prospective licensee when a 

Notice was not accompanied by 

payment of the required fee. Notices 

shall be deemed filed as of the date the 

Office receives both the Notice and the 

fee, if applicable. If the prospective 

licensee fails to remit the required fee, 

the Notice will be deemed not to have 

been filed with the Office. However, the 

Copyright Office does not review 

Notices for legal sufficiency or interpret 

the content of any Notice filed with the 

Copyright Office under this section. 

Furthermore, the Copyright Office does 

not screen Notices for errors or 

discrepancies and it does not generally 

correspond with a prospective licensee 

about the sufficiency of a Notice. If any 

issue (other than an issue related to fees) 

arises as to whether a Notice filed in the 

Copyright Office is sufficient as a matter 

of law under this section, that issue 

shall be determined not by the 

Copyright Office, but shall be subject to 

a determination of legal sufficiency by 

a court of competent jurisdiction. 

Prospective licensees are therefore 

cautioned to review and scrutinize 

Notices to assure their legal sufficiency 

before filing them in the Copyright 

Office. 

* * * * * 

(i) Privacy Act Advisory Statement. 

The authority for receiving the 

personally identifying information 

included within a Notice of Intention to 

obtain a compulsory license is found in 

17 U.S.C. 115 and § 201.18. Personally 

identifying information is any personal 

information that can be used to identify 

or trace an individual, such as name, 

address or telephone numbers. 

Furnishing the information set forth in 

§ 201.18 is voluntary. However, if the 

information is not furnished, it may 

affect the sufficiency of Notice of 

Intention to obtain a compulsory license 

and may not entitle the prospective 

licensee to the benefits available under 

17 U.S.C. 115. The principal uses of the 

requested information are the 

establishment and maintenance of a 

public record of the Notices of Intention 

to obtain a compulsory license received 

in the Licensing Division of the 

Copyright Office. Other routine uses 

include public inspection and copying, 

preparation of public indexes, 

preparation of public catalogs of 

copyright records including online 

catalogs, and preparation of search 

reports upon request. 

Dated: September 21, 2012. 

Maria A. Pallante, 

Register of Copyrights. 

James H. Billington, 

The Librarian of Congress. 

[FR Doc. 2012–28906 Filed 11–28–12; 8:45 am] 

BILLING CODE 1410–30–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 2011–2 CRB NCEB II] 

Determination of Reasonable Rates 

and Terms for Noncommercial 

Broadcasting 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing final regulations setting 

the rates and terms for use of certain 

works in connection with 

noncommercial broadcasting for the 

period commencing January 1, 2013, 

and ending on December 31, 2017. 

DATES: Effective Date: January 1, 2013. 

Applicability Dates: The regulations 

apply to the license period January 1, 

2013, through December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, Program Specialist, by 

telephone at (202) 707–7658 or email at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Section 

118 of the Copyright Act, title 17 of the 

United States Code, establishes a 

statutory license for the use of certain 

copyrighted works in connection with 

noncommercial television and radio 

broadcasting. Chapter 8 of the Copyright 

Act requires the Copyright Royalty 

Judges (‘‘Judges’’) to conduct 

proceedings every five years, beginning 

in 2006, to determine the rates and 

terms for the section 118 license. 17 

U.S.C. 804(b)(6). Accordingly, the 

Judges conducted a proceeding to 

determine the rates and terms for the 

license period 2008–2012 and published 

final regulations on November 30, 2007. 

72 FR 67646. 

On January 5, 2011, the Judges 

published in the Federal Register a 

notice commencing the proceeding to 

determine the rates and terms for the 

2013–2017 license period and 

requesting submission of petitions to 

participate from interested parties. 76 

FR 591. Petitions to Participate were 

received from: The American Society of 

Authors, Composers and Publishers 

(‘‘ASCAP’’); SESAC, Inc.; Broadcast 

Music, Inc. (‘‘BMI’’); Educational Media 

Foundation (‘‘EMF’’); Music Reports, 

Inc. (‘‘MRI’’); National Public Radio, the 

Public Broadcasting Service, and 

noncommercial radio and television 

stations eligible to receive funding from 

the Corporation for Public Broadcasting 

jointly (‘‘NPR/PBS/CPB’’); National 

Religious Broadcasters Noncommercial 

Music License Committee 

(‘‘NRBNMLC’’); the Church Music 

Publishers’ Association; the National 

Music Publishers’ Association, Inc. and 

the Harry Fox Agency, jointly (‘‘NMPA/ 

HFA’’); the Catholic Radio Association 

(‘‘CRA’’); and the American Council on 

Education (‘‘ACE’’). The Judges set the 

timetable for the three-month 

negotiation period, see 17 U.S.C. 

803(b)(3), and directed the participants 

to submit their written direct statements 

no later than October 30, 2011. The 

Judges received written direct 

statements from CRA, BMI, ASCAP, and 

MRI,1 as well as several notifications of 

settlement and proposed rates and terms 

for the Judges to adopt. 

There are two ways that copyright 

owners and public broadcasting 

entities 2 may negotiate rates and terms 

under the section 118 statutory license. 

First, copyright owners may negotiate 

rates and terms with specific public 

broadcasting entities for the use of all of 

the copyright owners’ works covered by 

the license. Section 118(b)(2) provides 

that such license agreements ‘‘shall be 

given effect in lieu of any determination 

by the * * * Copyright Royalty Judges,’’ 

provided that copies of the agreement 

are submitted to the Judges ‘‘within 30 

days of execution.’’ 17 U.S.C. 118(b)(2). 

The Judges received several agreements 


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3On October 31, 2011, EMF notified the Judges 

that as a member of NRBNMLC it was a party to 

each of the joint proposals involving NRBNMLC. 4The PBS/NPR comment opposed the Judges’ 

proposal to remove and reserve two sections— 

specifically § 381.4 and § 381.8, which govern 

performance of musical compositions by PBS, NPR 

and other public broadcasting entities engaged in 

the activities of 17 U.S.C. 118(c), and the use of 

published pictorial, graphic and sculptural works in 

PBS-distributed programs as well as in other PBSdistributed programs, respectively—and proposed 

rates and terms for these sections for the 2013–2017 

license period. The Judges proposed removal of 

these sections because none of the initial joint 

proposals addressed them. In accordance with 17 

U.S.C. 801(b)(7)(A), the Judges sought comment on 

this proposal in a subsequent notice. 77 FR 38022 

(June 26, 2012). Comments were due July 26, 2012; 

none were received. 5After the comment period, BMI and ASCAP 

submitted a letter to ‘‘clarify’’ portions of the joint 

proposals addressed by the comments. See Letter 

from BMI and ASCAP, dated June 6, 2012. OpenSky 

Radio responded to the BMI/ASCAP letter on July 

17, 2012. For the reasons set forth above, the Judges 

need not address these submissions. 

6The regulations adopted today no longer require 

the Judges to publish a cost of living adjustment 

and a revised schedule of rates for the ASCAP and 

BMI repertories in § 381.5. See 37 CFR 381.5(c)(1)– 

(2). Such publication still is required for the SESAC 

repertory but not until on or before December 1, 

2013. See 37 CFR 381.5(c)(3), 381.10(a). 

in this category; no further action is 

required with respect to these 

agreements. 

Second, copyright owners and public 

broadcasting entities may negotiate rates 

and terms for categories of copyrighted 

works and uses that would be binding 

on all owners and entities and submit 

them to the Judges for approval. Section 

801(b)(7)(A) provides that in such event: 

(i) The Copyright Royalty Judges shall 

provide those that would be bound by the 

terms, rates, or other determination set by 

any agreement in a proceeding to determine 

royalty rates an opportunity to comment on 

the agreement and shall provide to 

participants in the proceeding under section 

803(b)(2) that would be bound by the terms, 

rates, or other determination set by the 

agreement to comment on the agreement and 

object to its adoption as a basis for statutory 

terms and rates; and 

(ii) the Copyright Royalty Judges may 

decline to adopt the agreement as a basis for 

statutory terms and rates for participants that 

are not parties to the agreement, if any 

participant described in clause (i) objects to 

the agreement and the Copyright Royalty 

Judges conclude, based on the record before 

them if one exists, that the agreement does 

not provide a reasonable basis for setting 

statutory terms and rates. 

17 U.S.C. 801(b)(7)(A). The Judges 

received seven such proposals and 

published a notice requesting comment 

on the proposed rates and terms 

contained in the proposals, with certain 

modifications, submitted by the 

following participants: (1) SESAC and 

ACE; (2) BMI and ACE; (3) ASCAP and 

ACE; (4) NMPA/HFA and NRBNMLC; 

(5) SESAC and NRBNMLC; (6) ASCAP 

and NRBNMLC; and (7) BMI and 

NRBNMLC.3 77 FR 24662 (April 25, 

2012). Comments were due by May 25, 

2012. 

The Judges received comments from 

Common Frequency; OpenSky Radio 

Corp.; The Prometheus Radio Project; 

Wimberley Valley Radio; WKNC–FM; 

and PBS and NPR, jointly. Each 

comment, except the PBS/NPR 

comment,4 opposed certain of the 

proposed rates as not reasonable as 

applied to them.5 The Judges’ ability to 

reject an agreement on the 

reasonableness of the rates and terms 

proposed therein is constrained by 

statute. Specifically, section 

801(b)(7)(A)(ii) precludes the Judges 

from declining to adopt proposed rates 

and terms on the grounds of 

reasonableness unless a participant to 

the proceeding objects. None of the 

entities objecting to the proposed rates 

and terms submitted a timely filed 

petition to participate in this 

proceeding, and therefore none qualifies 

as a participant to the proceeding. 

Therefore, having received no objections 

to the reasonableness of the proposed 

rates and terms from a participant to 

this proceeding, the Copyright Royalty 

Judges are adopting final regulations, as 

published on April 25, 2012, and June 

26, 2012, which set the rates and terms 

for the section 118 statutory license for 

the period 2013–2017.6

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

Final Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

amend Part 381 to Chapter III of title 37 

of the Code of Federal Regulations as 

follows: 

PART 381—USE OF CERTAIN 

COPYRIGHTED WORKS IN 

CONNECTION WITH 

NONCOMMERCIAL EDUCATIONAL 

BROADCASTING 

■ 1. The authority citation for part 381 

continues to read as follows: 

Authority: 17 U.S.C. 118, 801(b)(1) and 

803. 

§ 381.1 [Amended] 

■ 2. Section 381.1 is amended by 

removing ‘‘2008’’ and adding ‘‘2013’’ in 

its place and by removing ‘‘2012’’ and 

adding ‘‘2017’’ in its place. 

■ 3. Section 381.4 is amended as 

follows: 

■ a. By revising paragraphs (a)(1) 

through(8); and 

■ b. In paragraph (c), by removing 

‘‘2008’’ and adding ‘‘2013’’ in its place, 

and by removing ‘‘2012’’ and adding 

‘‘2017’’ in its place. 

The revisions read as follows: 

§ 381.4 Performance of musical 

compositions by PBS, NPR and other public 

broadcasting entities engaged in the 

activities set forth in 17 U.S.C. 118(c). 

* * * * * 

(a) Determination of royalty rate. 

(1) For performance of such 

work in a feature presentation of PBS: 

2013–2017 ............................ $232.18 

(2) For performance of such a 

work as background or 

theme music in a PBS program: 

2013–2017 ............................ $58.51 

(3) For performance of such a 

work in a feature presentation of a station of PBS: 

2013–2017 ............................ $19.84 

(4) For performance of such a 

work as background or 

theme music in a program 

of a station of PBS: 

2013–2017 ............................ $4.18 

(5) For the performance of 

such a work in a feature 

presentation of NPR: 

2013–2017 ............................ $23.53 

(6) For the performance of 

such a work as background 

or theme music in an NPR 

program: 

2013–2017 ............................ $5.70 

(7) For the performance of 

such a work in a feature 

presentation of a station of 

NPR: 

2013–2017 ............................ $1.66 

(8) For the performance of 

such a work as background 

or theme music in a program of a station of NPR: 

2013–2017 ............................ $.59 

■ 4. Section 381.5 is amended by 

revising paragraphs (c) and (d) to read 

as follows: 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * * * 

(c) Royalty rate. A public broadcasting 

entity within the scope of this section 

may perform published nondramatic 

musical compositions subject to the 

following schedule of royalty rates: 

(1) For all such compositions in the 

repertory of ASCAP, the royalty rates 

shall be as follows: 

(i) 


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71106 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 

Number of full-time students 2013 2014 2015 2016 2017 

Level 1 ............ <1,000 ..................................................... $319 $325 $332 $339 $345 

Level 2 ............ 1,000–4,999 ............................................ 369 376 384 392 399 

Level 3 ............ 5,000–9,999 ............................................ 505 515 525 535 546 

Level 4 ............ 10,000–19,999 ........................................ 655 668 681 695 708 

Level 5 ............ 20,000 + ................................................. 822 838 855 872 890 

(ii) Level 1 rates as set forth in 

paragraph (c)(1)(i) of this section, shall 

also apply to College Radio Stations 

with an authorized effective radiated 

power (ERP), as that term is defined in 

47 CFR 73.310(a), of 100 Watts or less, 

as specified on its current FCC license, 

regardless of the size of the student 

population. 

(2) For all such compositions in the 

repertory of BMI, the royalty rates shall 

be as follows: 

(i) 

Number of full-time students 2013 2014 2015 2016 2017 

Level 1 ............ <1,000 ..................................................... $319 $325 $332 $339 $345 

Level 2 ............ 1,000–4,999 ............................................ 369 376 384 392 399 

Level 3 ............ 5,000–9,999 ............................................ 505 515 525 535 546 

Level 4 ............ 10,000–19,999 ........................................ 655 668 681 695 708 

Level 5 ............ 20,000 + ................................................. 822 838 855 872 890 

(ii) Level 1 rates, as set forth in 

paragraph (c)(2)(i) of this section, shall 

also apply to College Radio Stations 

with an authorized effective radiated 

power (ERP), as that term is defined in 

47 CFR 73.310(a), of 100 Watts or less, 

as specified on its current FCC license, 

regardless of the size of the student 

population. 

(3) For all such compositions in the 

repertory of SESAC, the royalty rates 

shall be as follows: 

(i) 2013: $140.00 per station; 

(ii) 2014: $140 per station, subject to 

an annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section; 

(iii) 2015: The 2014 rate, subject to an 

annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section; 

(iv) 2016: The 2015 rate, subject to an 

annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section; 

(v) 2017: The 2016 rate, subject to an 

annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section. 

(vi) Such cost of living adjustment to 

be made in accordance with the greater 

of 

(A) The change, if any, in the 

Consumer Price Index (all consumers, 

all items) published by the U.S. 

Department of Labor, Bureau of Labor 

Statistics during the twelve (12) month 

period from the most recent Index, 

published before December 1 of the year 

immediately prior to the applicable 

year, or 

(B) Two percent (2%). 

(4) For the performance of any other 

such compositions: $1. 

(d) Payment of royalty rate. The 

public broadcasting entity shall pay the 

required royalty rate to ASCAP, BMI 

and SESAC not later than January 31 of 

each year. Each annual payment to 

ASCAP, BMI and SESAC shall be 

accompanied by a signed declaration 

stating the number of full-time students 

enrolled in the educational entity 

operating the station and/or the effective 

radiated power (ERP) as specified in its 

current FCC license. An exact copy of 

such declaration shall be furnished to 

each of ASCAP, BMI and SESAC. 

* * * * * 

■ 5. Section 381.6 is amended as 

follows: 

■ a. By removing paragraph (f). 

■ b. By redesignating paragraphs (b) 

through (e) as paragraphs (c) through (f), 

respectively; 

■ c. By adding a new paragraph (b); 

■ d. By revising newly redesignated 

paragraphs (d) and (e). 

The additions and revisions to § 381.6 

read as follows: 

§ 381.6 Performance of musical 

compositions by other public broadcasting 

entities. 

* * * * * 

(b) Definitions. As used in paragraphs 

(d) and (e) of this section, the following 

terms and their variant forms mean the 

following: 

(1) Feature Music shall mean any 

performance of a musical work, whether 

live or recorded, that is the principal 

focus of audience attention. Feature 

Music does not include bridge, 

background, or underscore music, 

themes or signatures, interstitial music 

between programs such as in public 

service announcements or program 

sponsorship identifications, brief 

musical transitions in and out of 

program segments (not to exceed 60 

seconds in duration), incidental 

performances of music during 

broadcasts of public, religious, or sports 

events, or brief performances during 

news, talk, religious, and sports 

programming of no more than 30 

seconds in duration. 

(2) Population Count. The 

combination of: 

(i) The number of persons estimated 

to reside within a station’s Predicted 60 

dBu Contour, based on the most recent 

available census data; and 

(ii) The nonduplicative number of 

persons estimated to reside in the 

Predicted 60 dBu Contour of any 

Translator or Booster Station that 

extends a public broadcasting entity’s 

signal beyond the contours of a station’s 

Predicted 60 dBu Contour. 

(iii) In determining Population Count, 

a station or a Translator or Booster 

Station may use and report the total 

population data, from a research 

company generally recognized in the 

broadcasting industry, for the radio 

market within which the station’s 

community license is located. 

(3) Predicted 60 dBu Contour shall be 

calculated as set forth in 47 CFR 73.313. 

(4) Talk Format Station shall mean a 

noncommercial radio station: 

(i) Whose program content primarily 

consists of talk shows, news programs, 

sports, community affairs or religious 

sermons (or other non-music-oriented 

programming); 

(ii) That performs Feature Music in 

less than 20% of its programming 

annually; and 

(iii) That performs music-oriented 

programming for no more than four (4) 

programming hours during the hours 

from 6 a.m. to 10 p.m. each weekday, 

with no two (2) hours of such 


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programming occurring consecutively, 

with the exception of up to five (5) 

weekdays during the year. 

(5) Weekday shall mean the 24-hour 

period starting at 12 a.m. through 11:59 

p.m. on Mondays, Tuesdays, 

Wednesdays, Thursdays and Fridays 

occurring between January 1 of a given 

year up to and including Thanksgiving 

day of that year. 

(6) Translator Station and Booster 

Station shall have the same meanings as 

set forth in 47 CFR 74.1201. 

* * * * * 

(d) Royalty rate. A public 

broadcasting entity within the scope of 

this section may perform published 

nondramatic musical compositions 

subject to the following schedule of 

royalty rates: 

(1) For all such compositions in the 

repertory of ASCAP, the royalty rates 

shall be as follows: 

(i) Music Fees (Stations with 20% or 

more programming containing Feature 

Music): 

Population count 2013 2014 2015 2016 2017 

Level 1 ............ 0–249,999 ............................................... $631 $644 $657 $670 $683 

Level 2 ............ 250,000–499,999 .................................... 1,126 1,149 1,171 1,195 1,219 

Level 3 ............ 500,000–999,999 .................................... 1,688 1,722 1,756 1,791 1,827 

Level 4 ............ 1,000,000–1,499,999 .............................. 2,251 2,296 2,342 2,389 2,437 

Level 5 ............ 1,500,000–1,999,999 .............................. 2,814 2,870 2,928 2,986 3,046 

Level 6 ............ 2,000,000–2,499,999 .............................. 3,377 3,445 3,513 3,584 3,655 

Level 7 ............ 2,500,000–2,999,999 .............................. 3,939 4,018 4,098 4,180 4,264 

Level 8 ............ 3,000,000 and above .............................. 5,628 5,741 5,855 5,972 6,092 

(ii) Talk Format Station Fees (Stations 

with <20% Feature Music 

programming): 

Population count 2013 2014 2015 2016 2017 

Level 1 ............ 0–249,999 ............................................... $631 $644 $657 $670 $683 

Level 2 ............ 250,000–499,999 .................................... 631 644 657 670 683 

Level 3 ............ 500,000–999,999 .................................... 631 644 657 670 683 

Level 4 ............ 1,000,000–1,499,999 .............................. 788 804 820 836 853 

Level 5 ............ 1,500,000–1,999,999 .............................. 985 1,005 1,025 1,045 1,066 

Level 6 ............ 2,000,000–2,499,999 .............................. 1,182 1,206 1,230 1,254 1,279 

Level 7 ............ 2,500,000–2,999,999 .............................. 1,379 1,406 1,434 1,463 1,492 

Level 8 ............ 3,000,000 and above .............................. 1,970 2,009 2,049 2,090 2,132 

(2) For all such compositions in the 

repertory of BMI, the royalty rates shall 

be as follows: 

(i) Music Fees (Stations with 20% or 

more programming containing Feature 

Music): 

Population count 2013 2014 2015 2016 2017 

Level 1 ............ 0–249,999 ............................................... $631 $644 $657 $670 $683 

Level 2 ............ 250,000–499,999 .................................... 1,126 1,149 1,171 1,195 1,219 

Level 3 ............ 500,000–999,999 .................................... 1,688 1,722 1,756 1,791 1,827 

Level 4 ............ 1,000,000–1,499,999 .............................. 2,251 2,296 2,342 2,389 2,437 

Level 5 ............ 1,500,000–1,999,999 .............................. 2,814 2,870 2,928 2,986 3,046 

Level 6 ............ 2,000,000–2,499,999 .............................. 3,377 3,445 3,513 3,584 3,655 

Level 7 ............ 2,500,000–2,999,999 .............................. 3,939 4,018 4,098 4,180 4,264 

Level 8 ............ 3,000,000 and above .............................. 5,628 5,741 5,855 5,972 6,092 

(ii) Talk Format Station Fees (Stations 

with <20% Feature Music 

programming): 

Population count 2013 2014 2015 2016 2017 

Level 1 ............ 0–249,999 ............................................... $631 $644 $657 $670 $683 

Level 2 ............ 250,000–499,999 .................................... 631 644 657 670 683 

Level 3 ............ 500,000–999,999 .................................... 631 644 657 670 683 

Level 4 ............ 1,000,000–1,499,999 .............................. 788 804 820 836 853 

Level 5 ............ 1,500,000–1,999,999 .............................. 985 1,005 1,025 1,045 1,066 

Level 6 ............ 2,000,000–2,499,999 .............................. 1,182 1,206 1,230 1,254 1,279 

Level 7 ............ 2,500,000–2,999,999 .............................. 1,379 1,406 1,434 1,463 1,492 

Level 8 ............ 3,000,000 and above .............................. 1,970 2,009 2,049 2,090 2,132 


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71108 Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 

(3) For all such compositions in the 

repertory of SESAC, the royalty rates 

shall be as follows: 

(i) Music fees for stations with >=20% 

Feature Music programming: 

Population count 2013 2014 2015 2016 2017 

Level 1 ............ 0–249,999 ............................................... $138 $140 $143 $146 $149 

Level 2 ............ 250,000–499,999 .................................... 230 234 239 244 248 

Level 3 ............ 500,000–999,999 .................................... 345 352 359 366 373 

Level 4 ............ 1,000,000–1,499,999 .............................. 459 468 478 487 497 

Level 5 ............ 1,500,000–1,999,999 .............................. 574 586 597 609 622 

Level 6 ............ 2,000,000–2,499,999 .............................. 689 702 716 731 745 

Level 7 ............ 2,500,000–2,999,999 .............................. 804 820 836 853 870 

Level 8 ............ 3,000,000 and above .............................. 1,149 1,171 1,195 1,219 1,243 

(ii) Talk fees for stations with <20% 

Feature Music programming: 

Population count 2013 2014 2015 2016 2017 

Level 1 ............ 0–249,999 ............................................... $138 $140 $143 $146 $149 

Level 2 ............ 250,000–499,999 .................................... 138 140 143 146 149 

Level 3 ............ 500,000–999,999 .................................... 138 140 143 146 149 

Level 4 ............ 1,000,000–1,499,999 .............................. 161 164 167 170 174 

Level 5 ............ 1,500,000–1,999,999 .............................. 201 205 209 213 218 

Level 6 ............ 2,000,000–2,499,999 .............................. 241 246 251 256 261 

Level 7 ............ 2,500,000–2,999,999 .............................. 281 287 293 299 305 

Level 8 ............ 3,000,000 and above .............................. 402 410 418 427 435 

(4) For the performance of any other 

such compositions, in 2013 through 

2017, $1. 

(e) Payment of royalty rate. The 

public broadcasting entity shall pay the 

required royalty rate to ASCAP, BMI 

and SESAC not later than January 31 of 

each year. Each annual payment shall be 

accompanied by a signed declaration 

stating the Population Count of the 

public broadcasting entity and the 

source for such Population Count. An 

exact copy of such declaration shall be 

furnished to each of ASCAP, BMI and 

SESAC. Upon prior written notice 

thereof from ASCAP, BMI and SESAC, 

a public broadcasting entity shall make 

its books and records relating to its 

Population Count available for 

inspection. In the event that a public 

broadcasting entity wishes to be deemed 

a Talk Format Station, then such entity 

shall provide a signed declaration 

stating that Feature Music is performed 

in less than 20% of its annual 

programming and that it complies with 

the caps set forth in paragraph (b)(4) of 

this section. An exact copy of such 

declaration shall be furnished to each of 

ASCAP, BMI and SESAC. Upon prior 

written notice thereof from ASCAP, BMI 

or SESAC, a public broadcasting entity 

shall make its program schedule or 

other documentation supporting its 

eligibility as a Talk Format Station 

available for inspection. 

* * * * * 

■ 6. Section 381.7 is amended as 

follows: 

■ a. By revising paragraphs (b)(1)(i)(A) 

through (D) and (b)(1)(ii)(A) through (D); 

■ b. By revising paragraphs (b)(2)(i) 

through (iv); 

■ c. In paragraph (b)(4), by removing 

‘‘2008–2012’’ and adding ‘‘2013–2017’’ 

in its place; and 

■ d. In paragraph (b)(5), by removing 

‘‘2012’’ and adding ‘‘2017’’ in its place. 

The revisions read as follows: 

§ 381.7 Recording rights, rates and terms. 

* * * * * 

(b) * * * 

(1)(i) * * * 

2013–2017 

(A) Feature ............................... $116.37 

(B) Concert feature (per 

minute) .................................. 34.95 

(C) Background ........................ 58.81 

(D) Theme: 

(1) Single program or first series program ...................... 58.81 

(2) Other series program ...... 23.88 

(ii) * * * 

2013–2017 

(A) Feature ............................... $ 9.62 

(B) Concert feature (per 

minute) .................................. 2.53 

(C) Background ........................ 4.18 

(D) Theme: 

(1) Single program or first series of program .................. 4.18 

(2) Other series program ...... 1.66 

* * * * * 

(2) * * * 

2013–2017 

(i) Feature ................................. $ 12.60 

(ii) Concert feature (per minute) 18.49 

(iii) Background ......................... 6.31 

(iv) Theme: 

(A) Single program or first 

series program .................. 6.31 

(B) Other series program ...... 2.52 

* * * * * 

■ 7. Section 381.8 is amended as 

follows: 

■ a. By revising paragraphs (b)(1)(i) 

through (ii); and 

■ b. In paragraph (f), by removing 

‘‘2012’’ and adding ‘‘2017’’ in its place. 

The revisions read as follows: 

§ 381.8 Terms and rates of royalty 

payments for the use of published pictorial, 

graphic, and sculptural works. 

* * * * * 

(b) * * * 

(1)* * * (i) For such uses in a PBSdistributed program: 

2013–2017 

(A) For featured display of a 

work ....................................... $70.75 

(B) For background and montage display ........................... 34.50 

(C) For use of a work for program identification or for thematic use ............................... 139.46 


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Federal Register / Vol. 77, No. 230 / Thursday, November 29, 2012 / Rules and Regulations 71109 

2013–2017 

(D) For the display of an art reproduction copyrighted separately from the work of fine 

art from which the work was 

reproduced irrespective of 

whether the reproduced work 

of fine art is copyrighted so 

as to be subject also to payment of a display fee under 

the terms of the schedule ..... 45.82 

(ii) For such uses in other than PBSdistributed programs: 

2013–2017 

(A) For featured display of a 

work ....................................... $45.82 

(B) For background and montage display ........................... 23.48 

(C) For use of a work for program identification or for thematic use ............................... 93.65 

(D) For the display of an art reproduction copyrighted separately from the work of fine 

art from which the work was 

reproduced irrespective of 

whether the reproduced work 

of fine art is copyrighted so 

as to be subject also to payment of a display fee under 

the terms of the schedule ..... 23.49 

* * * * * 

■ 8. Section 381.10 is amended as 

follows: 

■ a. In paragraph (a), by removing 

‘‘2007’’ and adding ‘‘2013’’ in its place 

in each place it appears and by 

removing ‘‘2006’’ and adding ‘‘2012’’ in 

its place, and by removing ‘‘On each 

December 1’’ and adding ‘‘On or before 

each December 1’’ in its place; 

■ b. By revising paragraph (b); 

■ c. In paragraph (c), by adding ‘‘the’’ 

before ‘‘rates’’, by removing ‘‘381.5’’ and 

adding ‘‘381.5(c)(3)’’ in its place, and by 

adding ‘‘(30)’’ after ‘‘thirty’’. 

The revisions read as follows: 

§ 381.10 Cost of living adjustment. 

* * * * * 

(b) On the same date of the notices 

published pursuant to paragraph (a) of 

this section, the Copyright Royalty 

Judges shall publish in the Federal 

Register a revised schedule of the rates 

for § 381.5(c)(3), the rate to be charged 

for compositions in the repertory of 

SESAC, which shall adjust the royalty 

amounts established in a dollar amount 

according to the greater of 

(1) The change in the cost of living 

determined as provided in paragraph (a) 

of this section, or 

(2) Two percent (2%). 

(3) Such royalty rates shall be fixed at 

the nearest dollar. 

* * * * * 

Dated: November 21, 2012. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

[FR Doc. 2012–28785 Filed 11–28–12; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2012–0267; FRL–9730–3] 

Revisions to the California State 

Implementation Plan, San Joaquin 

Valley Unified Air Pollution Control 

District (SJVUAPCD) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is finalizing approval of 

revisions to the SJVUAPCD portion of 

the California State Implementation 

Plan (SIP). This rule was proposed in 

the Federal Register on April 30, 2012 

and concerns volatile organic 

compound (VOC) emissions from wine 

storage tanks. We are approving a local 

rule that regulates these emission 

sources under the Clean Air Act (CAA 

or the Act). 

DATES: This rule is effective on 

December 31, 2012. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2012–0267 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http:// 

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California. While all 

documents in the docket are listed at 

http://www.regulations.gov, some 

information may be publicly available 

only at the hard copy location (e.g., 

copyrighted material, large maps, multivolume reports), and some may not be 

available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Lily 

Wong, EPA Region IX, (415) 947–4114, 

wong.lily@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Statutory and Executive Order Reviews 

I. Proposed Action 

On April 30, 2012 (77 FR 25384), EPA 

proposed to approve the following rule 

into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SJVUAPCD ..................................... 4694 Wine Fermentation and Storage 

Tanks.

12/15/05 11/18/11 (amended submittal as 

adopted 08/18/11). 

We proposed to approve this rule 

because we determined that it complied 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

EPA’s proposed action provided a 30- 

day public comment period. We 

received comments from the following 

parties. 

1. Dan Belliveau, NohBell 

Corporation; letter dated and received 

May 30, 2012. 

2. Steven Colome, EcoPAS; email 

dated and received May 31, 2012. While 

these comments were received after the 

public comment period, EPA elected to 

add these comments to the docket and 

respond to the issues raised. 

The comments and our responses are 

summarized below. 

a. Comment: The commenters 

generally described their respective 

technologies and results to date to 

capture and control VOC emissions 

from the wine fermentation process. 

Both commenters stated that they 

believe their technologies represent 

reasonably available control technology 

(RACT) and believed this information 

should be considered in EPA’s 

determination on RACT. 

Response: EPA defines RACT as the 

‘‘lowest emissions limitation that a 

particular source is capable of meeting 

by the application of control technology 

that is reasonably available considering 


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