Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / Rules and Regulations 74703 

1The most recent CPI–U figures are published in 

November of each year and use the period 1982– 

1984 to establish a reference base of 100. The index 

for October 2010 was 218.711, while the figure for 

October 2011 was 226.421. 

2See 37 CFR 381.10(b) (adjusted royalty rates 

shall be ‘‘fixed at the nearest dollar’’). 

section if it is accompanied by a 

statement that each item of information 

contained in the information disclosure 

statement: 

(i) Was first cited in any 

communication from a patent office in 

a counterpart foreign or international 

application or from the Office, and this 

communication was not received by any 

individual designated in § 1.56(c) more 

than thirty days prior to the filing of the 

information disclosure statement; or 

(ii) Is a communication that was 

issued by a patent office in a 

counterpart foreign or international 

application or by the Office, and this 

communication was not received by any 

individual designated in § 1.56(c) more 

than thirty days prior to the filing of the 

information disclosure statement. 

(2) The thirty-day period set forth in 

paragraph (d)(1) of this section is not 

extendable. 

* * * * * 

Dated: November 21, 2011. 

David J. Kappos, 

Under Secretary of Commerce for Intellectual 

Property and Director of the United States 

Patent and Trademark Office. 

[FR Doc. 2011–30933 Filed 11–30–11; 8:45 am] 

BILLING CODE 3510–16–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 2011–9 CRB NCEB COLA] 

Cost of Living Adjustment for 

Performance of Musical Compositions 

by Colleges and Universities 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(‘‘COLA’’) of 3.5% in the royalty rates 

that colleges, universities, and other 

educational institutions that are not 

affiliated with National Public Radio 

pay for the use of published 

nondramatic musical compositions in 

the ASCAP, BMI and SESAC 

repertories. The COLA is based on the 

change in the Consumer Price Index 

from October 2010 to October 2011. 

DATES: Effective Date: January 1, 2012. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, Program Specialist. 

Telephone: (202) 707–7658. Email: 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Section 

118 of the Copyright Act, title 17 of the 

United States Code, creates a 

compulsory license for the use of 

published nondramatic musical works 

and published pictorial, graphic, and 

sculptural works in connection with 

noncommercial broadcasting. Terms 

and rates for this compulsory license, 

applicable to parties who are not subject 

to privately negotiated licenses, are 

published in 37 CFR parts 253 and 381. 

Final regulations governing the terms 

and rates of copyright royalty payments 

with respect to certain uses by public 

broadcasting entities of published 

nondramatic musical works, and 

published pictorial, graphic, and 

sculptural works for the license period 

beginning January 1, 2008, and ending 

December 31, 2012, were published in 

the Federal Register on November 30, 

2007. See 72 FR 67646. Pursuant to 

these regulations, on or before December 

1 of each year, the Judges shall publish 

a notice of the change in the cost of 

living as determined by the Consumer 

Price Index (all urban consumers, all 

items (‘‘CPI–U’’)) during the period from 

the most recent index published prior to 

the previous notice, to the most recent 

index published prior to December 1 of 

that year. See 37 CFR 

381.10(a)(requiring publication of a 

revised schedule of rates for 37 CFR 

381.5). Accordingly, the Judges are 

hereby announcing the change in the 

CPI–U and applying the annual COLA 

to the rates set out in 37 CFR 381.5(c). 

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, 2010, to 

the most recent index published before 

December 1, 2011, is 3.5%.1 Rounding 

to the nearest dollar,2 the royalty rates 

for the performance of published 

nondramatic musical compositions in 

the repertories of ASCAP, BMI, and 

SESAC are $312, $312, and $125, 

respectively. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

Final Regulations 

For the reasons set forth in the 

preamble, part 381 of title 37 of the 

Code of Federal Regulations is amended 

to read 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. 

■ 2. Section 381.5 is amended by 

revising paragraphs (c)(1) through (3) to 

read as follows: 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * * * 

(c) * * * 

(1) For all such compositions in the 

repertory of ASCAP, $312 annually. 

(2) For all such compositions in the 

repertory of BMI, $312 annually. 

(3) For all such compositions in the 

repertory of SESAC, $125 annually. 

* * * * * 

Dated: November 23, 2011. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2011–30712 Filed 11–30–11; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 386 

[Docket No. 2011–10 CRB Satellite COLA] 

Cost of Living Adjustment to Satellite 

Carrier Compulsory License Royalty 

Rates 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(‘‘COLA’’) of 3.5% in the royalty rates 

paid by satellite carriers under the 

satellite carrier compulsory license of 

the Copyright Act. The COLA is based 

on the change in the Consumer Price 

Index from October 2010 to October 

2011. 

DATES: Effective Date: January 1, 2012. 

Applicability Dates: These rates are 

applicable for the period January 1, 

2012, through December 31, 2012. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, Program Specialist. 

Telephone: (202) 707–7658. Email: 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: The 

satellite carrier compulsory license 


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74704 Federal Register / Vol. 76, No. 231 / Thursday, December 1, 2011 / 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. 

2The most recent CPI–U figures are published in 

November of each year and use the period 1982– 

1984 to establish a reference base of 100. The index 

for October 2010 was 218.711, while the figure for 

October 2011 was 226.421. 

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 passage of the Satellite 

Television Extension and Localism Act 

of 2010, (‘‘STELA’’), Public Law 111– 

175. 

The Copyright Royalty Judges adopted 

as final the rates for the section 119 

compulsory license for the period 2010– 

2014 after publication in the Federal 

Register of the rates, as proposed by 

Copyright Owners and Satellite 

Carriers,1 yielded no objections. See 75 

FR 53198 (August 31, 2010). Section 

119(c)(2) requires the Judges annually to 

adjust these rates ‘‘to reflect any changes 

occurring in the cost of living 

adjustment (for all consumers and for all 

items) [‘‘CPI–U’’] published * * * at 

least 25 days before January 1.’’ Id. 

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, 2010, to 

the most recent index published before 

December 1, 2011, is 3.5%.2 Rounding 

to the nearest cent, the royalty rates for 

the secondary transmission of broadcast 

stations by satellite carriers for private 

home viewing and viewing in 

commercial establishments are 26 cents 

and 53 cents, respectively. 

List of Subjects in 37 CFR Part 386 

Copyright, Satellite, Television. 

Final Regulations 

For the reasons set forth in the 

preamble, part 386 of title 37 of the 

Code of Federal Regulations is amended 

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)(iii) and 

(b)(2)(iii) to read as follows: 

§ 386.2 Royalty fee for secondary 

transmission by satellite carriers. 

* * * * * 

(b) * * * 

(1) * * * 

(iii) 2012: 26 cents per subscriber per 

month; 

* * * * * 

(2) * * * 

(iii) 2012: 53 cents per subscriber per 

month; 

* * * * * 

Dated: November 23, 2011. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2011–30705 Filed 11–30–11; 8:45 am] 

BILLING CODE 1410–72–P 

POSTAL SERVICE 

39 CFR Part 111 

Folded Self-Mailers and Unenveloped 

Mailpieces 

AGENCY: Postal Service TM. 

ACTION: Final rule. 

SUMMARY: The Postal Service will revise 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) 201.3.14, to provide new 

standards for folded self-mailers (FSM) 

and unenveloped mailpieces that are 

mailed at automation or machinable 

prices. To avoid confusion with revised 

standards for FSM mailpieces having 

loose enclosures, the Postal Service 

renames mailpieces that are designed to 

carry discs, and expands the standards 

that apply to tabs to include folded selfmailers. 

DATES: Effective January 5, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Craig Vance (202) 268–7595 or Susan 

Thomas (202) 268–8069. 

SUPPLEMENTARY INFORMATION: On August 

15, 2011, the Postal Service published a 

Federal Register proposed rule (76 FR 

50438–50441) for changes to the design 

and construction of folded self-mailers 

and unenveloped mailpieces that are 

mailed at automation or machinable 

prices. The proposed standards were 

issued after two years of collaborative 

work with mailers to analyze and test a 

wide variety of folded self-mailer lettersize designs. In response to the 

proposed standards, the Postal Service 

received 51 comments. Many of those 

who commented provided input on 

more than one aspect of the proposal. 

Each comment was given consideration 

and modifications were made to the 

proposed standards when possible. This 

final rule will be adopted based on our 

proposed rule with only minor 

revisions. These standards do not apply 

to cards, envelopes, booklet style letters, 

or mailpieces designed to carry discs. 

General 

The final rule includes DMM 

recommendations for design elements 

and sealing methods for FSMs. To avoid 

confusion about the types of mailpieces 

included in this change, the Postal 

Service renames mailpieces that are 

designed to carry discs in 201.3.4. To 

simplify the requirements that apply to 

tabs that can be used to seal 

unenveloped letter-sized mailpieces, 

DMM 201.3.11 is modified to include 

folded self-mailers. The final rule also 

includes recommended revisions to the 

proposed requirements based on 

observations of a wide variety of FSMs 

tested over the past several years. 

Although the effective date of these 

revisions is not until January 5, 2013, 

we encourage all customers who 

prepare FSMs mailed at automation or 

machinable prices to begin conversion 

to these design concepts as soon as 

possible. 

Definition 

A folded self-mailer is formed of 

panels that are created when one or 

more unbound sheets of paper are 

folded together and sealed to make a 

letter-size mailpiece. The number of 

sheets in the mailpiece and the number 

of the times the sheets are folded 

determine the number of panels. Sheets 

that are bound by one or more staples 

are not considered folded self-mailers 

even when all other preparation 

recommendations are met. 

Physical Characteristics 

The maximum height for all 

automation and machinable FSMs is 6 

inches and the maximum length is 101⁄2

inches, with a maximum thickness of 1⁄4

inch. The maximum weight of three 

ounces is applicable to all mailpieces 

prepared without envelopes. 

The paper basis weight for folded selfmailers is based on book-grade paper 

unless otherwise specified and varies 

depending on the total weight of the 

mailpiece and/or optional elements that 

are incorporated in the design. The final 

fold must be at the bottom for all 

designs except oblong style pieces. For 

oblong-style FSMs the final fold is on 

the leading edge. Tabs cannot be placed 

on the bottom open edge of an oblongstyle FSM. 

A minimum of two tabs will be 

required to seal all FSMs when tabs are 

used as the sealing method. Tabs used 

as seals may not have perforations. Glue 

may be used as an alternate sealing 


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