68622 Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Rules and Regulations 

1Recording Industry Ass’n of Am., Inc., 

Comments Submitted in Response to U.S. Copyright 

Office’s July 16, 2014 Notice of Proposed 

Rulemaking (Aug. 15, 2014), available at http://

copyright.gov/rulemaking/recordation-practices/

docket2014-4/comments/RIAA.pdf. 

2Recording Industry Ass’n of Am. Inc., 

Comments Submitted in Response to U.S. Copyright 

Office’s September 17, 2014 Notice of Proposed 

Rulemaking (Oct. 17, 2014) (‘‘RIAA Comments’’), 

available at http://copyright.gov/rulemaking/etitlefees/comments/docket_2014%E2%80%9308/

RIAA.pdf. 

§ 83.24 [Amended] 

■ 5. In § 83.24, in paragraph (g)(iii), after 

the phrase ‘‘shall not exceed 100 

meters:’’, remove the word ‘‘Provided’’, 

and add in its place the word 

‘‘provided’’. 

§ 83.27 [Amended] 

■ 6. Amend § 83.27 as follows: 

■ a. In paragraph (b)(iii), remove the 

word ‘‘when’’, and add in its place the 

word ‘‘When’’; and 

■ b. In paragraph (e)(ii), remove the 

word ‘‘insure’’ and add in its place the 

word ‘‘ensure’’. 

■ 7. Revise the heading for § 83.30 to 

read as follows: 

§ 83.30 Vessels anchored, aground and 

moored barges (Rule 30). 

* * * * * 

§ 83.35 [Amended] 

■ 8. In § 83.35, in paragraph (h), remove 

the words ‘‘paragraph (f)’’ and add in 

their place the words ‘‘paragraph (g)’’. 

PART 84—ANNEX I: POSITIONING 

AND TECHNICAL DETAILS OF LIGHTS 

AND SHAPES 

■ 9. The authority citation for part 84 

continues to read as follows: 

Authority: Sec. 303, Pub. L. 108–293, 118 

Stat. 1042 (33 U.S.C. 2071); Department of 

Homeland Security Delegation No. 0170.1. 

§ 84.02 [Amended] 

■ 10. In § 84.02, in paragraph (j), after 

the phrase ‘‘when engaged in fishing 

shall be’’, add the word ‘‘at’’. 

PART 88—ANNEX V: PILOT RULES 

■ 11. The authority citation for part 88 

continues to read as follows: 

Authority: Sec. 303, Pub. L. 108–293, 118 

Stat. 1042 (33 U.S.C. 2071); Department of 

Homeland Security Delegation No. 0170.1. 

§ 88.07 [Amended] 

■ 12. In § 88.07, in paragraph (a), 

following the phrase ‘‘activities must 

abide by the’’, remove the phrase 

‘‘inland navigation rules’’ and add in its 

place the phrase ‘‘Inland Navigation 

Rules’’. 

Dated: November 13, 2014. 

Katia Cervoni, 

Chief, Office of Regulations and 

Administrative Law, U.S. Coast Guard. 

[FR Doc. 2014–27257 Filed 11–17–14; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

U.S. Copyright Office 

37 CFR Part 201 

[Docket No. 2014–08] 

Fees for Submitting Corrected 

Electronic Title Appendices 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: The U.S. Copyright Office 

recently adopted amended regulations 

to allow remitters to submit title lists in 

electronic format when recording 

documents that reference 100 or more 

titles. Those regulations also provide a 

process for correcting inaccuracies in 

the Office’s online Public Catalog 

resulting from errors in electronic title 

lists. To avoid delay in implementing 

the electronic title list option, the Office 

decided to issue that final rule without 

imposition of a fee for corrections until 

such time as a fee could be set in 

accordance with this separate 

rulemaking. Today, the Office is 

amending its regulations to set that fee 

at a rate of seven dollars per corrected 

title. 

DATES: Effective December 18, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Sarang V. Damle, Special Advisor to the 

General Counsel, by email at sdam@

loc.gov or by telephone at 202–707– 

8350; or Abi Oyewole, AttorneyAdvisor, by email at aoye@loc.gov or by 

telephone at 202–707–8350. 

SUPPLEMENTARY INFORMATION: On 

September 17, 2014, under a rulemaking 

entitled ‘‘Changes to Recordation 

Practices,’’ the Copyright Office 

(‘‘Office’’) amended its regulations to, 

among other things, allow remitters to 

submit lists of titles in electronic format 

when recording documents that 

reference 100 or more titles of 

copyrighted works. See 79 FR 55633. 

Those electronic lists are used by the 

Office for the purposes of indexing the 

online Public Catalog of recorded 

documents. In response to a comment 

received from the Recording Industry 

Association of America, Inc. (‘‘RIAA’’),1

the amended regulations also adopted a 

procedure for correcting errors in the 

online Public Catalog that have been 

caused by remitters’ submission of 

inaccurate title lists. See 37 CFR 

201.4(c)(4)(v). However, to avoid delay 

in implementing the electronic title list 

option, the Office decided to issue that 

final rule without imposition of a fee for 

corrections until a fee could be set in 

accordance with a separate Notice of 

Proposed Rulemaking (‘‘NPRM’’). 

That separate NPRM was published 

on September 17, 2014 and proposed a 

fee of seven dollars per corrected title. 

79 FR 55694. The Office received only 

one substantive submission containing 

comments from RIAA.2 In its comments, 

RIAA expressed approval of the Office’s 

decision to implement a correction 

process for electronic title lists. RIAA 

Comments at 1. It stated that it believed 

the number of errors found in an 

electronic title list would be small, and 

in such cases the $7 fee was 

‘‘reasonable.’’ Id. But, it urged that in 

the ‘‘presumably rare situations where a 

major clerical error requires a remitter to 

correct a large number of titles, a fee of 

$7 per title could serve as a disincentive 

for correcting the Office’s records or as 

a penalty for having made a mistake in 

the first instance.’’ Id. at 1–2. RIAA 

suggested that the Office ‘‘track 

instances of large-scale corrections to 

electronic lists’’ and consider a ‘‘fee 

structure’’ that would reduce the fee per 

corrected title once remitters exceed a 

set number of errors. Id. at 2. 

As the NPRM explained, the fee of 

seven dollars per corrected title was 

determined after considering the various 

personnel and system costs associated 

with providing the new service. 79 FR 

at 55695. What RIAA proposes, in 

essence, is that remitters who submit 

lists with a large number of errors be 

given a ‘‘volume discount’’ that is below 

the Office’s costs. 

The Office declines to adopt this 

recommendation. To the extent the fee 

established here will have any effect on 

remitter behavior, the Office believes 

that it will principally serve as an 

incentive for submitting accurate 

electronic title lists in the first place, 

rather than as ‘‘a disincentive for 

correcting the Office’s records.’’ RIAA 

Comments at 1–2. As the Office has 

stressed, remitters should ‘‘establish[ ] 

appropriate internal procedures to 

review and confirm electronic lists 

before they are submitted to the Office.’’ 

79 FR at 55634. In any event, the statute 

itself provides an incentive for the 

submission of correct information as the 

benefits of recordation depend upon the 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 79, No. 222 / Tuesday, November 18, 2014 / Rules and Regulations 68623 

accurate identification and indexing of 

titles affected. See 17 U.S.C. 205(c)–(d). 

List of Subjects in 37 CFR Part 201 

Copyright. 

Final Regulations 

For the reasons set forth in the 

preamble, the Copyright Office amends 

37 CFR part 201 as follows: 

PART 201—GENERAL PROVISIONS 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 17 U.S.C. 702. 

■ 2. Amend § 201.3 by revising 

paragraph (c)(16) to read as follows: 

§ 201.3 Fees for registration, recordation, 

and related services, special services, and 

services performed by the Licensing 

Division. 

* * * * * 

(c) * * * 

Registration, recordation and related services Fees 

($) 

*******

(16) Recordation of document, including a notice of intention to enforce 

(single title) ........................................................................................................................................................................................... 105 

Additional titles (per group of 1 to 10 titles) ......................................................................................................................................... 35 

Correction of online Public Catalog data due to erroneous electronic title submission (per title) ....................................................... 7 

* * * * * * * 

* * * * * 

■ 3. Amend § 201.4 by revising the last 

sentence of paragraph (c)(4)(v) to read as 

follows: 

§ 201.4 Recordation of transfers and 

certain other documents. 

* * * * * 

(c) * * * 

(4) * * * 

(v) * * * Upon receipt of a corrected 

electronic list in proper form and the 

appropriate fee, the Office will proceed 

to correct the data in the online Public 

Catalog, and will make a note in the 

record indicating that the corrections 

were made and the date they were 

made. 

* * * * * 

Dated: October 30, 2014. 

Maria A. Pallante, 

Register of Copyrights. 

Approved by: 

James H. Billington, 

Librarian of Congress. 

[FR Doc. 2014–27274 Filed 11–17–14; 8:45 am] 

BILLING CODE 1410–30–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. 2012–5] 

Verification of Statements of Account 

Submitted by Cable Operators and 

Satellite Carriers 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: The U.S. Copyright Office is 

adopting a final rule that establishes a 

new regulation allowing copyright 

owners to audit the statements of 

account that cable operators and 

satellite carriers file with the Office 

reflecting royalty payments due for 

secondary transmissions of copyrighted 

broadcast programming made pursuant 

to statutory licenses. 

DATES: Effective on December 18, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline C. Charlesworth, General 

Counsel and Associate Register of 

Copyrights, by email at jcharlesworth@

loc.gov, or by telephone at 202–707– 

8350; Erik Bertin, Assistant General 

Counsel, by email at ebertin@loc.gov, or 

by telephone at 202–707–8350; or Sy 

Damle, Special Advisor to the General 

Counsel, by email at sdam@loc.gov, or 

by telephone at 202–707–8350. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Sections 111 and 119 of the Copyright 

Act (the ‘‘Act’’), Title 17 of the United 

States Code, allow cable operators and 

satellite carriers to retransmit 

programming that broadcast television 

stations transmit via over-the-air 

broadcast signals. To use these statutory 

licenses, cable operators and satellite 

carriers are required to file statements of 

account (‘‘SOAs’’) and deposit royalty 

fees with the U.S. Copyright Office 

(‘‘Office’’) on a semi-annual basis. The 

Office invests these royalties in United 

States Treasury securities pending 

distribution of the funds to copyright 

owners that are entitled to receive a 

share of the royalties. 

The Satellite Television Extension 

and Localism Act of 2010 (‘‘STELA’’), 

Pub. L. No. 111–175, amended the Act 

by directing the Register of Copyrights 

to issue regulations to allow copyright 

owners to audit the SOAs and royalty 

fees that cable operators and satellite 

carriers file with the Office. Section 

119(b)(2) of the Act directs the Register 

to ‘‘issue regulations to permit 

interested parties to verify and audit the 

statements of account and royalty fees 

submitted by satellite carriers under this 

subsection.’’ 17 U.S.C. 119(b)(2). 

Similarly, section 111(d)(6) directs the 

Register to ‘‘issue regulations to provide 

for the confidential verification by 

copyright owners whose works were 

embodied in the secondary 

transmissions of primary transmissions 

pursuant to [section 111] of the 

information reported on the semiannual 

statements of account filed under this 

subsection for accounting periods 

beginning on or after January 1, 2010, in 

order that the auditor designated under 

subparagraph [111(d)(6)(A)] is able to 

confirm the correctness of the 

calculations and royalty payments 

reported therein.’’ 17 U.S.C. 111(d)(6). 

On June 14, 2012, the Office issued a 

Notice of Proposed Rulemaking that set 

forth its initial proposal for the audit 

procedure (the ‘‘First Proposed Rule’’). 

See 77 FR 35643 (June 14, 2012). In 

drafting this proposal the Office 

considered similar audit regulations that 

the Office developed for parties that 

make ephemeral recordings or transmit 

digital sound recordings under 17 

U.S.C. sections 112(e) and 114(f), 

respectively, or manufacture, import, 

and distribute digital audio recording 

devices under 17 U.S.C. chapter 10. The 

Office also considered a joint proposal 

(‘‘the Petition for Rulemaking’’) that was 

submitted by the Motion Picture 

Association of America, Inc. (‘‘MPAA’’), 

its member companies, and other 


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