Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 25009 

* * * * * 

Approved: April 16, 2014. 

A.B. Fischer, 

Captain, JAGC, U.S. Navy, Deputy Assistant 

Judge Advocate, General (Admiralty and 

Maritime Law). 

Dated: April 24, 2014. 

N.A. Hagerty-Ford, 

Commander, Office of the Judge Advocate 

General, U.S. Navy, Federal Register Liaison 

Officer. 

[FR Doc. 2014–09939 Filed 5–1–14; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2014–0210] 

Safety Zone; Sea World San Diego 

2014 Summer Fireworks, Mission Bay; 

San Diego, CA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

the Sea World San Diego 2014 Firework 

safety zone on May 24 through May 26, 

May 31, June 1, June 7, June 8, June 13 

through June 30, July 1 through July 31, 

August 1 through August 17, August 22 

through August 24, August 29 through 

August 31, September 1 and September 

6, 2014. These recurring annual summer 

firework display events occur on the 

navigable waters of Mission Bay in San 

Diego, California. This action is 

necessary to provide for the safety of the 

marine event crew, spectators, safety 

vessels, and general users of the 

waterway. During the enforcement 

period, persons and vessels are 

prohibited from entering into, transiting 

through, or anchoring within this 

regulated area unless authorized by the 

Captain of the Port, or his designated 

representative. 

DATES: This rule is effective from 8:50 

p.m. to 10 p.m. on May 24 through May 

26, May 31, June 1, June 7 through June 

8, June 13 through June 30, July 1 

through July 31, August 1 through 

August 17, August 22 through August 

24, August 29 through August 31, 

September 1 and September 6, 2014. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice, call 

or email Petty Officer Giacomo Terrizzi, 

Waterways Management, U.S. Coast 

Guard Sector San Diego, CA; telephone 

(619) 278–7261, email 

Giacomo.Terrizzi@uscg.mil. 

SUPPLEMENTARY INFORMATION: 

The Coast Guard will enforce the 

safety zone in Mission Bay for the Sea 

World San Diego 2014 Summer 

Fireworks, listed in 33 CFR 165.1123, 

Table 1, Item 7 from 8:50 p.m. to 10:00 

p.m. 

Under the provisions of 33 CFR 

165.1123, persons and vessels are 

prohibited during the fireworks display 

times from entering into, transiting 

through, or anchoring within the 600 

foot regulated area safety zone around 

the fireworks barge, located in 

approximate position 32°46′03′′ N, 

117°13′11′′ W, unless authorized by the 

Captain of the Port, or his designated 

representative. Persons or vessels 

desiring to enter into or pass through 

the safety zone may request permission 

from the Captain of the Port or a 

designated representative. The Coast 

Guard Captain of the Port or designated 

representative can be reached via VHF 

CH 16 or at (619) 278–7033. If 

permission is granted, all persons and 

vessels shall comply with the 

instructions of the Captain of the Port or 

designated representative. Spectator 

vessels may safely transit outside the 

regulated area, but may not anchor, 

block, loiter, or impede the transit of 

official fireworks support, event vessels 

or enforcement patrol vessels. The Coast 

Guard may be assisted by other Federal, 

State, or local law enforcement agencies 

in enforcing this regulation. 

This notice is issued under authority 

of 5 U.S.C. 552(a) and 33 CFR 165.1123. 

In addition to this notice in the Federal 

Register, the Coast Guard will provide 

the maritime community with advance 

notification of this enforcement period 

via the Local Notice to Mariners, 

Broadcast Notice to Mariners, and local 

advertising by the event sponsor. 

If the Coast Guard determines that the 

regulated area need not be enforced for 

the full duration stated on this notice, 

then a Broadcast Notice to Mariners or 

other communications coordinated with 

the event sponsor will grant general 

permission to enter the regulated area. 

Dated: April 4, 2014. 

S. M. Mahoney, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2014–09852 Filed 5–1–14; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 370 

[Docket No. RM 2008–7] 

Notice and Recordkeeping for Use of 

Sound Recordings Under Statutory 

License 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule; Affirmation. 

SUMMARY: The Copyright Royalty Judges 

affirm adoption of the final regulation 

for filing notice of use and the delivery 

of records of use of sound recordings 

under two statutory licenses of the 

Copyright Act. The purpose of this 

affirmation is to remove any doubt 

about the effectiveness of the final 

regulation in light of a ruling by the 

United States Court of Appeals for the 

District of Columbia Circuit regarding 

the constitutionality of the manner in 

which the Copyright Royalty Judges 

were appointed. 

DATES: Effective Date: May 2, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor, by 

telephone at (202) 707–7658 or email at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: On 

October 6, 2006, the Copyright Royalty 

Judges (Judges) issued interim 

regulations published in the Federal 

Register for the delivery and format of 

reports of use of sound recordings for 

the statutory licenses set forth in 

sections 112 and 114 of the Copyright 

Act. 71 FR 59010. The goal of those 

interim regulations was to establish 

format and delivery requirements for 

reports of use so that royalty payments 

to copyright owners pursuant to the 

section 112 and 114 licenses could be 

made from April 1, 2004, forward based 

upon actual data on the sound 

recordings transmitted by digital audio 

services. During the period after the 

Judges issued the interim regulations, 

the Judges monitored the operation of 

these regulations as well as 

developments in recordkeeping 

requirements agreed upon by parties to 

various settlements relating to the use of 

the section 112 and 114 licenses. 

On December 30, 2008, the Judges 

published a notice of proposed 

rulemaking (NPRM) setting forth 

proposed revisions to the interim 

regulations adopted in October 2006. 73 

FR 79727. The most significant revision 

proposed by the Judges was to expand 

the reporting period to implement yearVerDate Mar<15>2010 16:05 May 01, 2014 Jkt 232001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\02MYR1.SGM 02MYR1

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25010 Federal Register / Vol. 79, No. 85 / Friday, May 2, 2014 / Rules and Regulations 

1The Judges issued their Initial Determination on 

Remand in the Webcasting III proceeding, see 

Determination After Remand of Rates and Terms 

for Royalty Years 2011–2015, Docket No. 2009–1 

CRB Webcasting III (Jan. 9, 2014). 

round census reporting. Further, on 

April 8, 2009, the Judges published a 

notice of inquiry (NOI) to obtain 

additional information concerning the 

likely costs and benefits stemming from 

the adoption of the proposed census 

reporting provision as well as 

information on any alternatives to the 

proposal that might accomplish the 

same goals as the proposal in a less 

burdensome way, particularly with 

respect to small entities. 74 FR 15901. 

On October 13, 2009, the Judges 

published a final rule amending the 

interim regulations and establishing 

requirements for census reporting for all 

but those broadcasters who pay no more 

than the minimum fee for their use of 

the license. 74 FR 52418. The Judges 

adopted the regulations substantially as 

proposed in the NPRM with minor 

modifications in response to comments 

received. The final regulations 

established requirements by which 

copyright owners may receive 

reasonable notice of the use of their 

sound recordings and under which 

records of use were to be kept and made 

available by entities of all sizes 

performing sound recordings. See, e.g., 

17 U.S.C. 114 (f)(4)(A). As with the 

interim regulations adopted in 2006, the 

final regulations adopted in 2009 

represented baseline requirements. In 

other words, digital audio services 

remained free to negotiate other formats 

and technical standards for data 

maintenance and delivery and to use 

those in lieu of regulations adopted by 

the Judges, upon agreement with the 

Collective. The Judges indicated that 

they had no intention of codifying these 

negotiated variances in the future unless 

and until they come into such 

standardized use as to effectively 

supersede the existing regulations. 

On October 28, 2009, College 

Broadcasters, Inc. (CBI), American 

Council on Education and 

Intercollegiate Broadcasting Systems, 

Inc. (collectively, Petitioners) made a 

motion with the Judges for clarification 

with respect to one issue raised by the 

final regulation. Petitioners noted that 

the final regulation exempted 

minimum-fee webcasters that are FCClicensed broadcasters from the census 

reporting requirement, but did not 

appear to exempt minimum-fee 

educational stations that are not FCClicensed broadcasters from the same 

requirement. Petitioners asked the 

Judges to ‘‘clarify’’ that the exemption 

extended to minimum fee unlicensed 

educational stations. 

On November 12, 2009, before the 

Judges ruled on this motion, CBI filed a 

Petition for Review of the final 

regulation with the United States Court 

of Appeals for the District of Columbia 

Circuit (D.C. Circuit) (Appeal No. 09– 

1276). This appeal was held in abeyance 

pending the outcome of an appeal of the 

Judges’ final determination in Docket 

No. 2009–1 CRB Webcasting III. The 

D.C. Circuit concluded that appeal on 

July 6, 2012, holding that the manner by 

which the Judges were appointed was 

unconstitutional, and dictating a 

statutory remedy. Intercollegiate Broad. 

Sys. v. Copyright Royalty Bd., 684 F.3d 

1332, 1340–41 (D.C. Cir. 2012), cert. 

denied, 133 S. Ct. 2735 (2013). The D.C. 

Circuit remanded the final 

determination to the Judges,1 and also 

transferred CBI’s appeal to the United 

States District Court for the District of 

Columbia. See Order in Appeal No. 09– 

1276 (D.C. Cir. October 28, 2013). 

In light of the foregoing proceedings, 

the Judges recognize the need to clarify 

the effectiveness of the final regulation. 

Consequently, the Judges performed a 

de novo review of the comments 

underlying the final regulation and 

affirm the adoption of this regulation as 

published at 74 FR 52418 on October 

11, 2009, in its entirety and without 

change (including the reasons set forth 

in the preamble thereto), thereby 

removing any doubt as to the 

effectiveness of the final regulation. 

Such affirmation also ensures the 

continuous effectiveness of the rules 

concerning notice and recordkeeping for 

users of copyrighted sound recordings. 

On October 21, 2013, the Judges 

received a petition from SoundExchange 

seeking modifications to the notice and 

recordkeeping final regulation. The 

Judges will address the Petitioner’s 

motion for clarification, as well as 

SoundExchange’s petition, in a separate 

notice also published today in the 

Federal Register. 

List of Subjects in 37 CFR Part 370 

Copyright, Sound recordings. 

Final Regulation 

For the reasons set forth in the 

foregoing preamble, the Copyright 

Royalty Judges affirm adoption of the 

final rule revising 37 CFR part 370, 

which was published at 74 FR 52418 on 

October 13, 2009, without change. 

Dated: February 20, 2014. 

Suzanne M. Barnett, 

Chief U.S. Copyright Royalty Judge. 

James H. Billington, 

Librarian of Congress. 

[FR Doc. 2014–09799 Filed 5–1–14; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2008–0122; FRL 9910–02– 

Region 10] 

Approval and Promulgation of State 

Implementation Plans; Washington: 

Puget Sound Ozone Maintenance Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking a direct final 

action to approve a maintenance plan 

for the Central Puget Sound area to 

maintain the 8-hour ozone National 

Ambient Air Quality Standard (NAAQS) 

through 2015. This plan was submitted 

by the Washington Department of 

Ecology (Ecology or ‘‘the State’’) as a 

revision to its State Implementation 

Plan (SIP) on January 10, 2008. This 

action finds that the maintenance plan 

for this area meets all relevant Clean Air 

Act (CAA) requirements for approval, 

and demonstrates that the Central Puget 

Sound area will remain in attainment 

with the 1997 and 2008 ozone NAAQS 

through 2015. 

DATES: This rule is effective on July 1, 

2014, without further notice, unless the 

EPA receives adverse comment by June 

2, 2014. If the EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OAR–2008–0122, by any of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: R10-Public_Comments@

epa.gov. 

• Mail: Keith Rose, U.S. EPA Region 

10, Office of Air, Waste and Toxics 

(AWT–107), 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101. 

• Hand Delivery/Courier: U.S. EPA 

Region 10, 1200 Sixth Avenue, Suite 

900, Seattle, WA 98101. Attention: 

Keith Rose, Office of Air, Waste and 

Toxics, AWT–107. Such deliveries are 


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