Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules 24667 

Population count 2013 2014 2015 2016 2017 

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)– 

(D) and (b)(1)(ii)(A)–(D); 

b. By revising paragraphs (b)(2)(i)– 

(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 to § 381.7 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 

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 

* * * * * 

§ 381.8 [Removed and Reserved] 

7. Remove and reserve § 381.8. 

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 to § 381.10 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: April 20, 2012. 

Stanley C. Wisniewski, 

U.S. Copyright Royalty Judge. 

[FR Doc. 2012–9927 Filed 4–24–12; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Parts 262 and 265 

TANF Assistance and Electronic 

Benefit Transfer Transactions; 

Request for Public Comment 

AGENCY: Department of Health and 

Human Services (HHS), Administration 

for Children and Families, Office of 

Family Assistance (OFA). 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
24668 Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules 

ACTION: Request for public comment. 

SUMMARY: The Office of Family 

Assistance (OFA) is interested in 

learning about how States deliver 

Temporary Assistance to Needy 

Families (TANF) assistance to 

beneficiaries, whether States have 

implemented policies and practices to 

prevent electronic benefit transfer 

transactions involving TANF assistance 

in liquor stores, casinos, gambling 

casinos, or other gaming establishments, 

and retail establishments which provide 

adult-oriented entertainment in which 

performers disrobe or perform in an 

unclothed state for entertainment; what 

the States’ experiences have been in 

implementing such policies and 

practices; and whether States place 

other similar types of restrictions on 

assistance usage. OFA also is interested 

in learning about States’ current 

approaches to ensuring that recipients 

have adequate access to their cash 

assistance, including policies that 

provide access to assistance with no fees 

or charges or current approaches to 

imposing fees or charges in connection 

with receipt of assistance, along with 

other information relevant to 

considering what might be minimal fees 

or charges. Additionally, OFA is 

interested in hearing the perspectives of 

vendors, consumer advocates, and any 

other individuals or entities that have 

information that could be relevant to the 

development and implementation of 

policies and procedures to prevent 

electronic benefit transfer transactions 

in certain establishments, and to 

ensuring access to cash assistance with 

minimal fees or charges, including 

opportunities to access assistance 

without fees or charges. 

The information provided will be 

used to inform OFA as it develops 

regulations to implement Section 4004 

of the Middle Class Tax Relief and Job 

Creation Act of 2012 (Pub. L. 112–96), 

which, among other things, requires 

States to prevent the use of TANF 

assistance in electronic benefit transfer 

transactions at specified locations. 

DATES: Written comments must be 

submitted to the office listed in the 

ADDRESSES section below on or before 

June 11, 2012. 

ADDRESSES: Interested persons may 

submit written comments by any of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Email: 

TANFEBTTransactions@acf.hhs.gov 

Please include ‘‘Comments on EBT 

Federal Register Notice’’ in the subject 

line of the message. 

• Mail or Courier Delivery: Robert 

Shelbourne, Office of Family 

Assistance, Administration for Children 

and Families, 901 D Street SW., 5th 

Floor, Washington, DC 20447. 

Instructions: If you choose to use an 

express, overnight, or other special 

delivery method, ensure that delivery 

may be made at the address listed under 

the ADDRESSES section. We urge 

interested parties to submit comments 

electronically to ensure that they are 

received in a timely manner. All 

comments received will be posted 

without change to http:// 

www.regulations.gov. This will include 

any personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Robert Shelbourne, Office of Family 

Assistance, 901 D Street SW., 5th Floor, 

Washington, DC 20447, (202) 401–5150. 

SUPPLEMENTARY INFORMATION: On 

February 22, 2012, President Obama 

signed the Middle Class Tax Relief and 

Job Creation Act of 2012 (Pub. L. 112– 

96). Section 4004 of the Act requires 

States (but does not require Tribes) to 

prevent the use of Temporary 

Assistance for Needy Families (TANF) 

assistance in electronic benefit transfer 

(EBT) transactions at specified 

locations. In particular, the law requires 

States receiving TANF grants ‘‘to 

maintain policies and practices as 

necessary to prevent assistance 

provided under the State program 

funded under this part from being used 

in any electronic benefit transfer 

transaction in any liquor store; any 

casino, gambling casino, or gaming 

establishment; or any retail 

establishment which provides adultoriented entertainment in which 

performers disrobe or perform in an 

unclothed state for entertainment.’’ The 

law defines an electronic benefit 

transfer transaction as ‘‘the use of a 

credit or debit card service, automated 

teller machine, point-of-sale terminal, or 

access to an online system for the 

withdrawal of funds or the processing of 

a payment for merchandise or a 

service.’’ 

The law imposes a new reporting 

requirement as well as a new penalty. 

Each State is required to report to HHS 

by February 22, 2014, on its 

implementation of policies and 

practices related to restricting 

recipients’ use of EBT cards at the 

locations specified in the previous 

paragraph. As required by the law, HHS 

shall reduce a State’s block grant if the 

State fails to comply with this reporting 

requirement or if, based on the 

information that the State reports, HHS 

finds that the State has not implemented 

and maintained the required policies 

and practices. Furthermore, States are 

required to include in their State plans 

a statement outlining how they intend 

to implement policies and procedures to 

prevent access to assistance through 

electronic fund transfer transactions at 

casinos, liquor stores, and 

establishments providing adult-oriented 

entertainment. The State plan also must 

include an explanation of how the State 

plans to ensure that (1) recipients of the 

assistance have adequate access to their 

cash assistance, and (2) recipients of 

assistance have access to using or 

withdrawing assistance with minimal 

fees or charges, including an 

opportunity to access assistance with no 

fee or charges, and are provided 

information on applicable fees and 

surcharges that apply to electronic fund 

transactions involving the assistance, 

and that such information is made 

publicly available. 

The Office of Family Assistance is 

seeking responses to the following 

questions to help inform us as we draft 

the regulation to implement the 

statutory requirement. We do not intend 

to respond to comments provided in 

response to this Request for Public 

Comment. However, in the notice of 

proposed rulemaking, we will provide a 

general summary of the comments that 

influenced our policy decisions, and 

will respond to comments submitted in 

response to the notice of proposed 

rulemaking when a final rule is issued. 

Questions 

Please identify the question to which 

you are responding. 

Benefit Delivery System 

1. What method or methods of 

delivery does your State use to provide 

TANF assistance? For example, does the 

State use checks, direct deposit into 

recipient checking account, Electronic 

Benefit Transfer (EBT) cards, Electronic 

Payment Cards (EPC) (co-branded with 

Visa or MasterCard)? 

2. For each method used, does the 

State currently track the site at which a 

transaction occurs? If the State is able to 

identify the site at which a transaction 

occurs, what process does or would the 

State need to initiate to determine if the 

site was a liquor store, gaming 

establishment or adult entertainment 

venue? Are there different issues for 

different types of venues? 

Implementing EBT Restrictions 

3. For those with knowledge of what 

has happened in a State or States that 

have implemented some form of EBT 

transaction restriction: 

a. What is the nature of your 

restriction? Please provide as much 


pmangrum on DSK3VPTVN1PROD with PROPOSALS-1
Federal Register / Vol. 77, No. 80 / Wednesday, April 25, 2012 / Proposed Rules 24669 

specificity as possible, including the 

definitions used for any establishment 

type for which TANF benefit access was 

restricted. If the State’s restriction 

appears to differ from the EBT 

transaction restriction contained in 

section 4004 of the Middle Class Tax 

Relief and Job Creation Act of 2012, 

please describe those differences. 

b. Was the restriction put in place in 

response to a legislative mandate or by 

executive action without a specific 

legislative mandate? If in response to a 

legislative mandate, what did the 

legislature require? 

c. If your State imposes EBT 

transaction restrictions relating to liquor 

stores, casinos, gambling casinos, or 

other gaming establishments, or retail 

establishments which provide adultoriented entertainment in which 

performers disrobe or perform in an 

unclothed state for entertainment, can 

you please indicate: which of these 

locations are subject to restriction, and 

what is the definition used to describe 

the restricted location? 

d. What specific method and 

procedures does the State use? 

e. What challenges to implementation 

have been encountered and how did the 

State address them? 

f. Please provide any information 

available concerning initial and 

continuing costs. 

g. Does the State identify locations 

where benefit access is to be restricted 

through a manual process, an automated 

process or some combination of the 

two? Please describe the process for 

identifying these locations. 

h. Has your State implemented what 

you consider an effective method of 

restricting access to EBT usage at 

specified locations? Please describe why 

you think it is effective (e.g. cost 

effective, achieves desired outcomes)? 

i. What concerns have been raised by 

businesses, electronic benefit vendors, 

and/or TANF recipients, relating to 

access, cost, or other issues, in relation 

to the restrictions? Have particular 

concerns been raised relating to rural 

areas of the State? If so, what are those 

concerns, and how, if at all, have those 

concerns been addressed? 

j. If your State passes through child 

support to families receiving TANF 

assistance, how, if at all, do the TANF 

assistance restrictions affect provision of 

passed-through child support? 

k. Are your State’s restrictions limited 

to TANF assistance, or do they affect 

any other benefits provided 

electronically? If the restrictions are 

limited to TANF assistance, how, if at 

all, do restrictions on accessing TANF 

assistance affect access to any other 

benefits? 

l. Are there particular issues not 

discussed above that have arisen in 

design or implementation that could be 

useful for OFA to be aware of in the 

development of regulations relating to 

this topic? 

4. With regards to States that have not 

implemented EBT transaction 

restrictions, have you considered and 

examined issues relevant to 

implementation of such restrictions? If 

so, can you identify issues and 

considerations that have arisen for you 

as you considered such requirements? 

5. For any State, do you currently 

have information about the incidence of 

the use of TANF assistance EBT 

transactions in liquor stores, gaming 

establishments, and adult entertainment 

venues? 

Access Fees or Charges 

6. With respect to any State, please 

describe the fees and charges that TANF 

recipients face when accessing their 

TANF assistance benefits. If the fees or 

charges differ based on number of 

withdrawals or where or how benefits 

are accessed (such as via an ATM vs. 

point of sale transaction), please 

describe the differences in fees under all 

relevant benefit access mechanisms. 

7. Does your State provide any 

mechanism that allows TANF assistance 

recipients to access benefits without 

facing any fees or charges? If so, please 

describe. 

8. How, if at all, does your State make 

information available to TANF 

assistance recipients about where to 

access TANF benefits, the fees and 

charges associated with accessing 

benefits under various scenarios, and 

how benefits can be accessed without 

any fees or charges? 

9. What, if anything, do you think 

should be done to reduce the costs of 

accessing TANF benefits? 

10. Please describe any access 

barriers, that you think TANF assistance 

recipients currently face or could face 

under the restrictions and what 

mechanisms, if any, you think could 

reduce those access barriers while 

ensuring that TANF benefits are not 

accessed through EBT transactions at 

those establishments for which access is 

restricted under section 4004 of the 

Middle Class Tax Relief and Job 

Creation Act of 2012. 

EBT Vendor Input 

11. For companies that provide 

electronic benefit services to States with 

respect to TANF assistance, please 

describe the implementation issues you 

think States could or would face in 

implementing the restriction required 

under section 4004 of the Middle Class 

Tax Relief and Job Creation Act of 2012. 

Please describe technical issues, cost 

implications, and access implications as 

well as mechanisms for addressing 

problems identified. 

We welcome any other comments you 

have about the TANF EBT provisions 

contained in Section 4004 of the Middle 

Class Tax Relief and Job Creation Act of 

2012. 

Dated: April 5, 2012. 

Earl Johnson, 

Director, Office of Family Assistance. 

[FR Doc. 2012–9260 Filed 4–24–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

RIN 0648–XB162 

Atlantic Highly Migratory Species; 

Public Conference Call Regarding 

Recreational Yellowfin Tuna Fishery 

Data Collection 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public conference call. 

SUMMARY: In order to better inform the 

public and NMFS, a conference call that 

is open to the public will be held to 

discuss historical and future data 

collection in the U.S. recreational 

yellowfin tuna fishery and the 

relationship to international yellowfin 

tuna management (e.g., quota 

establishment or tracking landings). 

DATES: An operator-assisted conference 

call that is open to the public will be 

held on April 27, 2012, from 10 a.m. to 

noon, EDT (phone number 888–593– 

8429; participant pass code 1629891). 

During this call, members of the public 

may ask questions and provide 

comments, after a brief background 

presentation. 

FOR FURTHER INFORMATION CONTACT: 

Randy Blankinship at 727–824–5399 or 

Dianne Stephan at 978–281–9347. 

SUPPLEMENTARY INFORMATION: Atlantic 

tunas are managed under the dual 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) and the 

Atlantic Tuna Conventions Act (ATCA), 

which authorizes the Secretary of 

Commerce (Secretary) to promulgate 

regulations as may be necessary and 

appropriate to implement 


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