Federal Register / Vol. 78, No. 245 / Friday, December 20, 2013 / Rules and Regulations 76987 

1The Judges proposed two accounting 

provisions—§ 385.12(e) and § 385.22(d)—each of 

which would have required the licensee’s statement 

of account to ‘‘set forth each step of its calculations 

with sufficient information to allow the copyright 

owner to assess the accuracy and manner in which 

the licensee determined the payable royalty pool 

and per-play allocations (including information 

sufficient to demonstrate whether and how a 

minimum royalty or subscriber-based royalty floor 

pursuant to § 385.13 does or does not apply) and, 

for each offering reported, also indicate the type of 

licensed activity involved and the number of plays 

of each musical work (including an indication of 

any overtime adjustment applied) that is the basis 

of the per-work royalty allocation being paid.’’ 77 

FR 29259, 29267 (May 17, 2012). The language of 

proposed § 385.22(d) mirrored that in § 385.12(e), 

except for non-substantive conforming language 

needed for its inclusion in proposed Subpart C. 

2Today’s amendment concerns only proposed 

§ 385.12(e) because this section was adopted 

initially by the Judges in 2009. See 74 FR 4510 (Jan. 

26, 2009). Proposed § 385.22(d) was part of a newly 

proposed Subpart C, see 77 FR 29259 (May 17, 

2012), and was not adopted in the final rule 

published on November 13, 2013. 

3The Judges provided a copy of this technical 

amendment to the participants of this proceeding 

prior to its submission to the Federal Register for 

publication. 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 385 

[Docket No. 2011–3 CRB Phonorecords II] 

Adjustment of Determination of 

Compulsory License Rates for 

Mechanical and Digital Phonorecords 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Copyright Royalty Judges 

are making a technical amendment to 

the regulations regarding the rates and 

terms for the section 115 statutory 

license for the use of musical works in 

physical phonorecord deliveries, 

permanent digital downloads, ringtones, 

interactive streaming, limited 

downloads, limited offerings, mixed 

service bundles, music bundles, paid 

locker services, and purchased content 

locker services. The technical 

amendment corrects a clerical error 

regarding an accounting provision in the 

final rule. 

DATES: Effective: January 1, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor. 

Telephone: (202) 707–7658 or email at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: On 

November 13, 2013, the Copyright 

Royalty Judges (Judges) published in the 

Federal Register final regulations 

setting the rates and terms for the 

section 115 statutory license for the use 

of musical works in physical 

phonorecord deliveries, permanent 

digital downloads, ringtones, interactive 

streaming, limited downloads, limited 

offerings, mixed service bundles, music 

bundles, paid locker services, and 

purchased content locker services. 78 

FR 67938. In the preamble to the final 

rule, the Judges stated that they could 

not adopt an accounting provision 

proposed in § 385.12(e) 1 because of a 

finding by the Register of Copyrights 

(Register) that adoption by the Judges of 

such a provision ‘‘represent[ed] an 

encroachment on the Register’s 

[exclusive] authority regarding 

statements of account’’ kept under the 

section 115 statutory license. See Id. at 

67940, citing 78 FR 28772 (May 16, 

2013). Due to an inadvertent oversight, 

however, no instruction reflecting the 

removal of § 385.12(e) appeared in the 

regulatory text.2 The Judges now correct 

this error. 

Section 803(c)(4) of the Copyright Act 

authorizes the Judges to issue ‘‘an 

amendment to a written determination 

to correct any technical or clerical errors 

in the determination’’ and directs that 

such amendment ‘‘be set forth in a 

written addendum to the determination 

that shall be distributed to the 

participants and shall be published in 

the Federal Register.’’ 17 U.S.C. 

803(c)(4).3 The Judges make this 

correction by today’s notice pursuant to 

their continuing jurisdiction under 

section 803(c)(4) of the Copyright Act. 

List of Subjects in 37 CFR Part 385 

Copyright, Phonorecords, Recordings. 

Final Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

amend Part 385 of Chapter III of title 37 

of the Code of Federal Regulations as 

follows: 

PART 385—RATES AND TERMS FOR 

USE OF MUSICAL WORKS UNDER 

COMPULSORY LICENSE FOR MAKING 

AND DISTRIBUTING OF PHYSICAL 

AND DIGITAL PHONORECORDS 

■ 1. The authority citation for part 385 

continues to read as follows: 

Authority: 17 U.S.C. 115, 801(b)(1), 

804(b)(4). 

§ 385.12 [Amended] 

■ 2. Section 385.12 is amended by 

removing paragraph (e). 

Dated: November 18, 2013. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

Approved by: 

James H. Billington, 

Librarian of Congress. 

[FR Doc. 2013–30346 Filed 12–19–13; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2012–0980; FRL–9903–57] 

Mandipropamid; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances in or on multiple 

commodities and removes several 

established tolerances for residues of 

mandipropamid, which are identified 

and discussed later in this document. 

Interregional Research Project Number 4 

(IR–4) requested these tolerances under 

the Federal Food, Drug, and Cosmetic 

Act (FFDCA). 

DATES: This regulation is effective 

December 20, 2013. Objections and 

requests for hearings must be received 

on or before February 18, 2014, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2012–0980, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), EPA West 

Bldg., Rm. 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460–0001. The 

Public Reading Room is open from 8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the OPP 

Docket is (703) 305–5805. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: Lois 

Rossi, Registration Division (7505P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7090; email address: 

RDFRNotices@epa.gov. 


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