Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Proposed Rules 38019 

the attorneys and non-attorney 

representatives who appear before the 

Department are from larger firms. For 

these reasons, the Chief Counsel for 

Regulation certified this rule would not 

result in a significant economic impact 

to a substantial number of small entities. 

Paperwork Reduction Act 

It has been determined that this 

rulemaking does not contain an 

information collection subject to the 

Paperwork Reduction Act. 

Executive Order 12866 

It has been determined that the 

proposed rulemaking is not significant 

for purposes of Executive Order 12866. 

Executive Order 13132 

It has been determined that the 

proposed rulemaking does not contain 

federalism implications warranting the 

preparation of a federalism assessment. 

List of Subjects in 19 CFR Part 351 

Administrative practice and 

procedure, Antidumping duties, 

Countervailing duties. 

Dated: June 15, 2012. 

Paul Piquado, 

Assistant Secretary for Import 

Administration. 

For the reasons stated above, the 

Department proposes to amend 19 CFR 

part 351 as follows: 

PART 351—ANTIDUMPING AND 

COUNTERVAILING DUTIES 

1. The authority citation for 19 CFR 

part 351 continues to read as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 1202 

note; 19 U.S.C. 1303 note; 19 U.S.C. 1671 et 

seq.; and 19 U.S.C. 3538. 

2. Add § 351.313 to subpart C to read 

as follows: 

§ 351.313 Attorneys or representatives. 

No register of attorneys or 

representatives who may practice before 

the Department is maintained. No 

application for admission to practice is 

required. Any person desiring to appear 

as attorney or representative before the 

Department may be required to show to 

the satisfaction of the Secretary his 

acceptability in that capacity. Any 

attorney or representative practicing 

before the Department, or desiring so to 

practice, may for good cause shown be 

suspended or barred from practicing 

before the Department, or have imposed 

on him such lesser sanctions (e.g., 

public or private reprimand) as the 

Secretary deems appropriate, but only 

after he has been accorded an 

opportunity to present his views in the 

matter. The Department will maintain a 

public register of attorneys and 

representatives suspended or barred 

from practice. ‘‘Attorney’’ pursuant to 

this subpart and ‘‘legal counsel’’ in 

§ 351.303(g) have the same meaning. 

‘‘Representative’’ pursuant to this 

subpart and in § 351.303(g) has the same 

meaning. 

[FR Doc. 2012–15381 Filed 6–25–12; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 199 

[Docket ID: DOD–2012–HA–0049] 

RIN 0720–AB57 

Civilian Health and Medical Program of 

the Uniformed Services (CHAMPUS)/ 

TRICARE: TRICARE Retail Pharmacy 

Program 

AGENCY: Office of the Secretary, 

Department of Defense (DoD). 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

make several administrative changes to 

the TRICARE Pharmacy Benefits 

Program regulations in order to conform 

them more closely to the statute and to 

clarify some procedures regarding the 

operation of the uniform formulary. 

Specifically, the proposed rule would: 

conform the regulation to the statute 

regarding point-of-service availability of 

non-formulary drugs; clarify the process 

for formulary placement of newly 

approved drugs; streamline the process 

for updating copayment requirements; 

specify the method for applying the 

statutory formula for maximum nonformulary drug copayments; and clarify 

several other uniform formulary 

practices. This rule is separate from, but 

not inconsistent with, the legislative 

proposal made by the Department to 

implement portions of the President’s 

Budget for Fiscal Year 2013 relating to 

the TRICARE Pharmacy Benefits 

Program. 

DATES: Written comments received at 

the address indicated below by August 

27, 2012 will be considered and 

addressed in the final rule. 

ADDRESSES: You may submit comments, 

identified by docket number and/or RIN 

number and title, by any of the 

following methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

Mail: Federal Docket Management 

System Office, 4800 Mark Center Drive, 

2nd floor, East Tower, Suite 02G09, 

Alexandria, VA 22350–3100. 

Instructions: All submissions received 

must include the agency name and 

docket number or Regulatory 

Information Number (RIN) for this 

Federal Register document. The general 

policy for comments and other 

submissions from members of the public 

is to make these submissions available 

for public viewing on the Internet at 

http://www.regulations.gov as they are 

received without change, including any 

personal identifiers or contact 

information. 

FOR FURTHER INFORMATION CONTACT: Rear 

Admiral Thomas McGinnis, Chief, 

Pharmacy Operations Directorate, 

TRICARE Management Activity, 

telephone 703–681–2890. 

SUPPLEMENTARY INFORMATION: 

A. Executive Summary 

1. Purpose of the Proposed Rule 

The purpose of this proposed rule is 

to make several administrative changes 

to the TRICARE Pharmacy Benefits 

Program regulation to conform more 

closely to the statute (10 U.S.C. 1074g) 

and to clarify some procedures 

regarding the uniform formulary. 

The legal authority for this proposed 

rule is 10 U.S.C. 1074g. 

2. Summary of the Major Provisions of 

the Proposed Rule 

a. It would conform the regulation to 

the statute regarding the number of 

points of service where non-formulary 

drugs are required to be available. They 

would be generally required only in the 

mail order program. 

b. It would clarify the process for 

formulary placement of newly approved 

drugs by the Food and Drug 

Administration (FDA), giving the 

Pharmacy and Therapeutics Committee 

up to 120 days to recommend tier 

placement on the uniform formulary. 

c. It would streamline the process for 

updating cost sharing requirements by 

eliminating the process step of a 

recommendation from the P&T 

Committee. 

d. It would state there is no regulatory 

requirement, just as there is no statutory 

requirement, that copayment amounts 

are the same for active duty dependents 

as they are for retired members and their 

dependents. 

e. It would specify the method for 

applying the current statutory formula 

for maximum non-formulary drug 

copayments, stating that they would be 

calculated based on the average 

government cost of all prescriptions, 

other than generic drug prescriptions, in 


rmajette on DSK2TPTVN1PROD with PROPOSALS
38020 Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Proposed Rules 

four groups based on beneficiary 

category and point of service. 

3. Costs and Benefits. This proposed 

rule is limited to administrative 

changes. It does not itself affect costs. 

The benefits of the proposed rule are 

that it will more closely conform the 

regulation to the statute and facilitate 

more effective administration of the 

TRICARE Pharmacy Benefits Program. 

B. Background 

In 1999, Congress enacted 10 U.S.C. 

1074g to, among other things, establish 

a uniform formulary program to 

incentivize the use of more costeffective pharmaceutical agents and 

points of service. There are four points 

of service under the Pharmacy Benefits 

Program—military facility pharmacies, 

retail network pharmacies, retail nonnetwork pharmacies, and the TRICARE 

mail order pharmacy program (TMOP)— 

and three uniform formulary tiers—First 

Tier for generic drugs, Second Tier for 

preferred brand name drugs (also 

referred to as ‘‘formulary drugs’’), and 

Third Tier for non-preferred brand name 

drugs (also referred to as ‘‘nonformulary drugs’’). In addition to 

establishing procedures for assigning 

drugs to one of the three tiers, the 

statute includes several other 

specifications, such as: That formulary 

drugs are generally available in all three 

points of service; that non-formulary 

drugs are available in at least one point 

of service; that TRICARE may establish 

copayment requirements for all 

formulary tiers and all points of service, 

but the maximum copayment may not 

exceed for non-formulary drugs 

amounts generally equal to 20% for 

active duty family members and 25% 

for retirees and their family members; 

and that when clinically necessary, nonformulary drugs are provided at the 

copayment level of formulary drugs. 

TRICARE’s regulations implementing 

this statute, issued in 2004, established 

or continued prior rules for, among 

other things: assigning drugs to a 

formulary tier based on costeffectiveness; point of service 

availability for the respective tiers; 

copayment requirements that are lower 

for more cost-effective drugs and points 

of service; and updates over time of the 

copayment amounts. Although the 

statute required Third Tier drugs to be 

available in only one point of service, 

the regulations made them available in 

two. And while the statute allows 

copayments for prescriptions in all 

points of service and formulary tiers, the 

regulations exempted military facility 

pharmacies. 

TRICARE’s administration of the 

Pharmacy Benefits Program has 

achieved some improvements in costeffectiveness. However, overall costs of 

the TRICARE Pharmacy Benefits 

Program have continued to increase 

substantially, from approximately $2 

billion in fiscal year 2001, to 

approximately $8 billion projected for 

fiscal year 2012. For fiscal year 2012, 

the program updated for the first time 

since 2001 copayment amounts, 

increasing retail network pharmacy 

copayments from $3/$9/$22 to $5/$12/ 

$25 for the respective tiers, and 

changing mail order program 

copayments from $3/$9/$22 to $0/$9/ 

$25. Co-payments for retail 

prescriptions are for up to a 30 day 

supply; mail order prescriptions for up 

to a 90 day supply. This difference is 

part of the incentive for beneficiaries to 

use the more cost-effective mail order 

program, as is the recent elimination of 

copayments for mail order program 

generic drugs. Encouraging increased 

use of DoD’s more cost-effective points 

of service (i.e., the highly convenient 

mail order pharmacy or a military 

treatment facility pharmacy) and more 

cost-effective pharmaceutical products 

(i.e., those on First Tier and Second 

Tier) continues to be a TRICARE 

program objective. 

C. Provisions of the Proposed Rule 

The purpose of this proposed rule is 

to make several administrative changes 

to the TRICARE Pharmacy Benefits 

Program regulation to conform more 

closely to the statute (10 U.S.C. 1074g) 

and to clarify some procedures 

regarding the uniform formulary. One 

change is to conform the regulation to 

the statute regarding the number of 

points of service where non-formulary 

drugs are required to be available. The 

statute requires availability in one of the 

three primary points of service (military 

facility, retail network, and mail order 

program); the current regulation 

specifies that non-formulary drugs are 

generally unavailable in military 

facilities and generally available in the 

retail network and mail order. This 

change would provide that nonformulary drugs are available only in 

TMOP, unless medical necessity is 

established for dispensing in one of the 

other venues. This change would 

reinforce DoD policy encouraging use of 

more cost-effective drugs and points of 

service, without adverse effect on 

beneficiaries. A beneficiary always has 

the option of asking the health care 

provider to change the prescription to a 

comparable formulary drug, or, in cases 

of medical necessity, obtaining approval 

for dispensing the non-formulary drug 

at the formulary copayment amount. 

Another option for most prescriptions 

when the beneficiary prefers a nonformulary drug is to have the 

prescription transferred to TMOP. 

Another administrative change would 

clarify the process for formulary 

placement of newly approved drugs by 

the Food and Drug Administration 

(FDA). Current practice for brand name 

drugs is that they are placed in the 

Second Tier the day FDA approves the 

drug. This practice has not lead to the 

most cost-effective placement of these 

newly approved drugs. DoD proposes 

that at the next quarterly meeting of the 

Pharmacy and Therapeutics (P&T) 

Committee following FDA approval, the 

drug will be evaluated for its relative 

clinical benefit and relative cost in 

comparison to other drugs in the drug 

class and a recommendation will be 

made to the Director of the TRICARE 

Management Activity for Tier placement 

of the drug. The current regulation does 

not specifically address the status of the 

drug from the date of date of FDA 

approval to the date the P&T 

Committee’s recommendation is 

eventually implemented. The proposed 

rule would address this by providing a 

period of up to 120 days for the P&T 

Committee to act. This will normally be 

the next quarterly meeting, but in cases 

when the FDA approval happens too 

close to a scheduled meeting for the 

necessary research to be done, it would 

be the following meeting. The 120 day 

time period accommodates this. During 

the period prior to a decision on Tier 

placement, the newly approved drug 

will be covered by TRICARE under 

terms comparable to those applicable to 

Third Tier drugs. 

Several additional administrative 

changes in this proposed rule relate to 

the process for updating copayment 

amounts. First, as a ‘‘housekeeping’’ 

matter, the proposed rule would update 

the regulation to incorporate the 

copayment adjustments that were 

implemented for fiscal year 2012, as 

noted above. Second, it would 

streamline the process for updating cost 

sharing requirements by eliminating the 

process step of a recommendation from 

the P&T Committee. Factors pertinent to 

updating copayment amounts relate 

mostly to government-wide, industrywide, or program-wide developments, 

rather than specific drug-by-drug 

clinical and cost considerations, which 

is the P&T Committee’s primary 

mission. The decision maker for 

copayment updates would continue to 

be the Assistant Secretary of Defense for 

Health Affairs. Third, the proposed rule 

would state there is no regulatory 

requirement, just as there is no statutory 

requirement, that copayment amounts 

are the same for active duty dependents 


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Proposed Rules 38021 

as they are for retired members and their 

dependents. Fourth, it would specify 

the method for applying the statutory 

formula for maximum non-formulary 

drug copayments. The statute provides 

that the maximum copayment may not 

exceed for non-formulary drugs 

amounts generally equal to 20% for 

active duty family members and 25% 

for retirees and their family members, 

but the current regulations do not 

indicate how this maximum amount 

will be calculated. The proposed rule 

would specify that it will be calculated 

based on the average government cost of 

all prescriptions, other than generic 

drug prescriptions, in four groups: retail 

prescriptions for active duty 

dependents; retail prescriptions for 

retirees and their dependents; mail 

order prescriptions for active duty 

dependents; and mail order 

prescriptions for retirees and their 

dependents. This part of the proposed 

rule should not be interpreted as 

suggesting that TRICARE intends to 

establish different copayments for active 

duty dependents from copayments for 

retirees and their dependents or to 

increase copayments to the maximum 

level allowed. This part of the rule is 

simply to clarify the applicable 

requirements and how the maximum 

copayment frame of reference will be 

calculated. 

The proposed rule would continue 

the current regulatory policy of 

exempting from copayments 

prescriptions filled in military facility 

pharmacies. This is allowed by the 

statute and arguably spreading 

copayment requirements across all 

points of service could reduce the 

potential need for higher copayments in 

any one point of service; but the current 

regulation and this proposed rule 

specify no copayment for all such 

prescriptions. Although no change is 

proposed, DoD invites comments on this 

provision. 

Finally, the proposed rule would 

incorporate into the regulation several 

details of current practice. While the 

current regulation provides that a 

uniform formulary drug that is not a 

generic drug may be grouped for 

copayment purposes with generic drugs 

if it is judged to be as cost effective as 

generic drugs in the same drug class, the 

proposed rule would add that a generic 

drug may be classified as non-formulary 

if it is less cost effective than nongeneric formulary drugs in the same 

drug class. Further, in the case of 

generic drugs, the beneficiary 

copayment amount for any prescription 

may not exceed the total charge for that 

prescription. Also, the rule would state 

that active duty members are not 

authorized to use retail non-network 

pharmacies. 

D. Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders (EOs) 12866 and 

13563 require that a comprehensive 

regulatory impact analysis be performed 

on any economically significant 

regulatory action, defined primarily as 

one that would result in an effect of 

$100 million or more in any one year. 

The DoD has examined the economic, 

legal, and policy implications of this 

proposed rule and has concluded that it 

is not an economically significant 

regulatory action under Section 3(f)(1) 

of the EO. But it is a significant 

regulatory action and it has been 

reviewed by the Office of Management 

and Budget. 

Congressional Review Act, 5 U.S.C. 801, 

et seq. 

Under the Congressional Review Act, 

a major rule may not take effect until at 

least 60 days after submission to 

Congress of a report regarding the rule. 

A major rule is one that would have an 

annual effect on the economy of $100 

million or more or have certain other 

impacts. This proposed rule is a not a 

major rule under the Congressional 

Review Act. 

Sec. 202, Public Law 104–4, ‘‘Unfunded 

Mandates Reform Act’’ 

This rule does not contain a Federal 

mandate that may result in the 

expenditure by State, local and tribunal 

governments, in aggregate, or by the 

private sector, of $100 million or more 

(adjusted for inflation) in any one year. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. 601) 

The Regulatory Flexibility Act (RFA) 

requires that each Federal agency 

prepare and make available for public 

comment, a regulatory flexibility 

analysis when the agency issues a 

regulation which would have a 

significant impact on a substantial 

number of small entities. This proposed 

rule does not have a significant impact 

on a substantial number of small 

entities. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

This proposed rule contains no new 

information collection requirements 

subject to the Paperwork Reduction Act 

(PRA) of 1995 (44 U.S.C. 3501–3511). 

Executive Order 13132, ‘‘Federalism’’ 

This proposed rule does not have 

federalism implications, as set forth in 

Executive Order 13132. This rule does 

not have substantial direct effects on the 

States; the relationship between the 

National Government and the States; or 

the distribution of power and 

responsibilities among the various 

levels of Government. 

Public Comments Invited 

This is a proposed rule. DoD invites 

public comments on all of its 

provisions. 

List of Subjects in 32 CFR Part 199 

Claims, Health care, Health insurance, 

Military personnel, Pharmacy benefits. 

Accordingly, 32 CFR part 199 is 

proposed to be amended as follows: 

PART 199—[AMENDED] 

1. The authority citation for part 199 

continues to read as follows: 

Authority: 5 U.S.C. 301; 10 U.S.C. chapter 

55. 

2. Section 199.21 is amended by 

adding new paragraph (g)(5), by revising 

the heading for paragraph (h), by 

revising paragraphs (h)(1)(iii), (h)(3)(i) 

and (ii), (i)(2) introductory text, (i)(2)(i) 

through (v), and (i)(2)(x), and by adding 

new paragraphs (j)(4) and (5), to read as 

follows: 

§ 199.21 Pharmacy Benefits Program. 

* * * * * 

(g) * * * 

(5) Administrative procedure for 

newly approved drugs. In the case of a 

newly approved pharmaceutical agent, 

other than a generic drug, the agent will, 

not later than 120 days after the date of 

approval by the Food and Drug 

Administration, be added to the uniform 

formulary unless prior to that date the 

P&T Committee has recommended that 

the agent be listed as a non-formulary 

drug. If the Director, TMA subsequently 

approves that recommendation, the drug 

will be so listed. If the Director, TMA 

disapproves that recommendation, the 

drug will as soon as feasible be added 

to the uniform formulary. If, prior to the 

expiration of 120 days, the P&T 

Committee recommends that the agent 

be added to the uniform formulary, that 

will be done as soon as feasible. 

Pending action under this paragraph (5), 

the newly approved pharmaceutical 

agent will be available to beneficiaries 

under terms comparable to those 

applicable to non-formulary agents 

under this section. 

* * * * * 

(h) * * * 


rmajette on DSK2TPTVN1PROD with PROPOSALS
38022 Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Proposed Rules 

(1) * * * 

(iii) Retail non-network pharmacies: 

Those are non-MTF pharmacies that are 

not part of the network established for 

TRICARE retail pharmacy services 

(Note: active duty members are not 

authorized to use retail non-network 

pharmacies); and 

* * * * * 

(3) Availability of non-formulary 

pharmaceutical agents.—(i) General. 

Non-formulary pharmaceutical agents 

shall be generally available under the 

pharmacy benefits program from retail 

non-network pharmacies and the 

TRICARE Mail Order Pharmacy 

(TMOP). 

(ii) Availability of non-formulary 

pharmaceutical agents at military 

treatment facilities and retail network 

pharmacies. Even when particular nonformulary agents are not generally 

available at military treatment facilities 

or retail network pharmacies, they will 

be made available to eligible covered 

beneficiaries through those points of 

service for prescriptions approved 

through the non-formulary special 

approval process that validates the 

medical necessity for use of the nonformulary pharmaceutical agent. In 

those cases in the retail network, the 

non-formulary drug will be made 

available at the formulary copayment 

amount. 

* * * * * 

(i) * * * 

(2) Cost-sharing amounts. Active duty 

members of the uniformed services do 

not pay cost-shares. For other categories 

of beneficiaries, cost-sharing amounts 

are as follows: 

(i) For pharmaceutical agents obtained 

from a military treatment facility, there 

are no co-payments. 

(ii) For pharmaceutical agents 

obtained from a retail network 

pharmacy there is a: 

(A) $12.00 co-payment per 

prescription required for up to a 30-day 

supply of a formulary pharmaceutical 

agent. 

(B) $5.00 co-payment per prescription 

for up to a 30-day supply of a generic 

pharmaceutical agent. For especially 

cost-effective drugs, upon the 

recommendation of the Pharmacy and 

Therapeutics Committee, prescriptions 

for a longer period supply, not to exceed 

90 days, may be authorized for the same 

co-payment. 

(C) $25.00 co-payment per 

prescription for up to a 30-day supply 

of a non-formulary pharmaceutical 

agent. 

(D) $0.00 co-payment for vaccines/ 

immunizations authorized as preventive 

care for eligible beneficiaries. 

(iii) For formulary and generic 

pharmaceutical agents obtained from a 

retail non-network pharmacy there is a 

20/25 percent or $12.00 co-payment 

(whichever is greater) per prescription 

for up to a 30-day supply of the 

pharmaceutical agent. The 20% amount 

applies to dependents of active duty 

members and others covered by 10 

U.S.C. 1079; the 25% amount applies to 

retirees and others covered by 10 U.S.C. 

1086. 

(iv) For non-formulary 

pharmaceutical agents obtained at a 

retail non-network pharmacy there is a 

20/25 percent or $25.00 co-payment 

(whichever is greater) per prescription 

for up to a 30-day supply of the 

pharmaceutical agent. The 20% amount 

applies to dependents of active duty 

members and others covered by 10 

U.S.C. 1079; the 25% amount applies to 

retirees and others covered by 10 U.S.C. 

1086. 

(v) For pharmaceutical agents 

obtained under the TMOP program 

there is a: 

(A) $9.00 co-payment per prescription 

for up to a 90-day supply of a formulary 

pharmaceutical agent. 

(B) $0.00 co-payment for up to a 90- 

day supply of a generic pharmaceutical 

agent. 

(C) $25.00 co-payment for up to a 90- 

day supply of a non-formulary 

pharmaceutical agent. 

* * * * * 

(x)(A) The per prescription 

copayments established in this 

paragraph (i)(2) of this section may be 

adjusted periodically based on 

experience with the uniform formulary, 

changes in economic circumstances, 

and other appropriate factors. Any such 

adjustment shall be approved by the 

Assistant Secretary of Defense (Health 

Affairs). Any such adjusted amount will 

maintain compliance with the 

requirements of 10 U.S.C. 1074g(a)(6) 

with respect to maximum copayment 

amounts for non-formulary drugs, 

which also apply to formulary drugs. In 

adjusting copayment amounts, there is 

no requirement that amounts be the 

same for dependents of active duty 

members (and other beneficiaries 

covered by 10 U.S.C. 1079) as for 

retirees (and other beneficiaries covered 

by 10 U.S.C. 1086). 

(B) For purposes of paragraph 

(i)(2)(x)(A) of this section (the 

requirement that non-formulary cost 

sharing shall not exceed amounts 

generally comparable to 20 percent for 

active duty dependents and 25 percent 

for retirees and their dependents), those 

maximum amounts will be calculated 

based on the average government cost of 

all prescriptions, other than 

prescriptions for generic drugs, in the 

following four groups: 

(1) Retail prescriptions for active duty 

dependents; 

(2) Retail prescriptions for 

beneficiaries covered by 10 U.S.C. 1086; 

(3) Mail order prescriptions for active 

duty dependents; 

(4) Mail order prescriptions for 

beneficiaries covered by 10 U.S.C. 1086. 

* * * * * 

(j) * * * 

(4) Upon the recommendation of the 

Pharmacy and Therapeutics Committee, 

a generic drug may be classified as nonformulary if it is less cost effective than 

non-generic formulary drugs in the same 

drug class. 

(5) The beneficiary copayment 

amount for any generic drug 

prescription may not exceed the total 

charge for that prescription. 

* * * * * 

Dated: June 20, 2012. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2012–15507 Filed 6–25–12; 8:45 am] 

BILLING CODE 5001–06–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 2011–2 CRB NCEB II] 

Determination of Reasonable Rates 

and Terms for Noncommercial 

Broadcasting 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing for comment proposed 

rates and terms for the performance of 

musical compositions by Public 

Broadcasting Service (‘‘PBS’’), National 

Public Radio (‘‘NPR’’) and other public 

broadcasting entities and for the use of 

published pictorial, graphic and 

sculptural works by public broadcasting 

entities pursuant to the statutory license 

under section 118 of the Copyright Act 

for the period 2013–2017. 

DATES: Comments and objections, if any, 

are due no later than July 26, 2012. 

ADDRESSES: Comments and objections 

may be sent electronically to 

crb@loc.gov. In the alternative, send an 

original, five copies and an electronic 

copy on a CD either by mail or by hand 

delivery. Please do not use multiple 


rmajette on DSK2TPTVN1PROD with PROPOSALS