83508 Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or Tribal Government, in 

the aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves an 

emergency safety zone that will prohibit 

entry to Lower Mississippi River below 

Head of Passes. It is categorically 

excluded from further review under 

paragraph L60d of Appendix A, Table 1 

of DHS Instruction Manual 023–01– 

001–01, Rev. 1. A Record of 

Environmental Consideration 

supporting this determination will be 

available in the docket after issuance or 

publication of this rule. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places, or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 46 U.S.C. 70034, 70051, 70124; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 00170.1, Revision No. 01.3. 

■ 2. Add § 165.T08–0919 to read as 

follows: 

§ 165.T08–0919 Safety Zone; Gulf of 

Mexico, Lower Mississippi River below 

Head of Passes. 

(a) Location. The following area is a 

safety zone: all navigable waters of 

Lower Mississippi River below Head of 

Passes. 

(b) Definitions. As used in this 

section, designated representative 

means a Coast Guard Patrol 

Commander, including a Coast Guard 

coxswain, petty officer, or other officer 

operating a Coast Guard vessel and a 

Federal, State, and local officer 

designated by or assisting the Captain of 

the Port Sector New Orleans (COTP) in 

the enforcement of the safety zone. 

(c) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the COTP 

or the COTP’s designated representative. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM Channel 16 

or 67 or by telephone at (504) 365–2545. 

Those in the safety zone must comply 

with all lawful orders or directions 

given to them by the COTP or the 

COTP’s designated representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners 

(BNMs), Local Notices to Mariners 

(LNMs), and/or Marine Safety 

Information Bulletins (MSIBs) as 

appropriate. 

(e) Enforcement period. This section 

will be subject to enforcement from 5 

p.m. on November 17, 2023, through 

December 17, 2023. It will be subject to 

enforcement this entire period unless 

the COTP determines it is no longer 

needed, in which case the Coast Guard 

will inform mariners via Notice to 

Mariners. 

Dated: November 17, 2023. 

K.K. Denning, 

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

Port Sector New Orleans. 

[FR Doc. 2023–26295 Filed 11–29–23; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 380 

[Docket No. 19–CRB–0005–WR (2021–2025) 

COLA (2024)] 

Cost of Living Adjustment to Royalty 

Rates for Webcaster Statutory License 

AGENCY: Copyright Royalty Board (CRB), 

Library of Congress. 

ACTION: Final rule; cost of living 

adjustment. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) in the royalty rates that 

commercial and noncommercial 

noninteractive webcasters pay for 

eligible transmissions pursuant to the 

statutory licenses for the public 

performance of and for the making of 

ephemeral reproductions of sound 

recordings. 

DATES: 

Effective date: November 30, 2023. 

Applicability dates: These rates are 

applicable to the period January 1, 2024, 

through December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, (202) 707–7658, crb@

loc.gov. 


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Federal Register / Vol. 88, No. 229 / Thursday, November 30, 2023 / Rules and Regulations 83509 

1This CPI–U was announced on November 14, 

2023, by the Bureau of Labor Statistics in its 

Consumer Price Index News Release—Consumer 

Price Index, available at https://www.bls.gov/ 

news.release/cpi.htm at Table 1. 

SUPPLEMENTARY INFORMATION: Sections 

112(e) and 114(f) of the Copyright Act, 

title 17 of the United States Code, create 

statutory licenses for certain digital 

performances of sound recordings and 

the making of ephemeral reproductions 

to facilitate transmission of those sound 

recordings. On October 27, 2021, the 

Copyright Royalty Judges (Judges) 

adopted final regulations governing the 

rates and terms of copyright royalty 

payments under those licenses for the 

license period 2021–2025 for 

performances of sound recordings via 

eligible transmissions by commercial 

and noncommercial noninteractive 

webcasters. See 86 FR 59452. 

Pursuant to those regulations, at least 

25 days before January 1 of each year 

from 2022 to 2025, the Judges shall 

publish in the Federal Register notice of 

a cost of living adjustment (COLA) 

applicable to the royalty fees for 

performances of sound recordings via 

eligible transmissions by commercial 

and noncommercial noninteractive 

webcasters. 37 CFR 380.10. 

The adjustment in the royalty fee 

shall be based on a calculation of the 

percentage increase in the Consumer 

Price Index for all Urban Consumers 

(CPI–U) from the CPI–U published in 

November 2020 (260.229), according to 

the formula: for subscription 

performances, (1 + (Cy¥260.229)/ 

260.229) × $0.0026; for nonsubscription 

performances, (1 + (Cy¥260.229)/ 

260.229) × $0.0021; for performances by 

a noncommercial webcaster in excess of 

159,140 Aggregate Tuning Hours (ATH) 

per month, (1 + (Cy¥260.229)/260.229) 

× $0.0021; where Cy is the CPI–U 

published by the Secretary of Labor 

before December 1 of the preceding 

year. The adjusted rate shall be rounded 

to the nearest fourth decimal place. 37 

CFR 380.10(c). The CPI–U published by 

the Secretary of Labor from the most 

recent index published before December 

1, 2023, is 307.671.1 Applying the 

formula in 37 CFR 380.10(c) and 

rounding to the nearest fourth decimal 

place results in an increase in the rates 

for 2024. 

The 2024 rate for eligible 

transmissions of sound recordings by 

commercial webcasters is $0.0031 per 

subscription performance and $0.20025 

per nonsubscription performance. 

Application of the increase to rates for 

noncommercial webcasters results in a 

2024 rate of $0.0025 per performance for 

all digital audio transmissions in excess 

of 159,140 ATH in a month on a 

channel or station. 

As provided in 37 CFR 380.10(d), the 

royalty fee for making ephemeral 

recordings under section 112 of the 

Copyright Act to facilitate digital 

transmission of sound recordings under 

section 114 of the Copyright Act is 

included in the section 114 royalty fee 

and comprises 5% of the total fee. 

List of Subjects in 37 CFR Part 380 

Copyright, Sound recordings. 

Final Regulations 

In consideration of the foregoing, the 

Judges amend part 380 of title 37 of the 

Code of Federal Regulations as follows: 

PART 380—RATES AND TERMS FOR 

TRANSMISSIONS BY ELIGIBLE 

NONSUBSCRIPTION SERVICES AND 

NEW SUBSCRIPTION SERVICES AND 

FOR THE MAKING OF EPHEMERAL 

REPRODUCTIONS TO FACILITATE 

THOSE TRANSMISSIONS 

■ 1. The authority citation for part 380 

continues to read as follows: 

Authority: 17 U.S.C. 112(e), 114(f), 

804(b)(3). 

■ 2. Section 380.10 is amended by 

revising paragraph (a) to read as follows: 

§ 380.10 Royalty fees for the public 

performance of sound recordings and the 

making of ephemeral recordings. 

(a) Royalty fees. For the year 2024, 

Licensees must pay royalty fees for all 

Eligible Transmissions of sound 

recordings at the following rates: 

(1) Commercial webcasters: $0.0031 

per Performance for subscription 

services and $0.0025 per Performance 

for nonsubscription services. 

(2) Noncommercial webcasters: 

$1,000 per year for each channel or 

station and $0.0025 per Performance for 

all digital audio transmissions in excess 

of 159,140 ATH in a month on a 

channel or station. 

* * * * * 

Dated: November 22, 2023. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2023–26221 Filed 11–29–23; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 23–CRB–0011–PBR (2023– 

2027) COLA (2024)] 

Cost of Living Adjustment to Public 

Broadcasters Compulsory License 

Royalty Rate 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule; cost of living 

adjustment. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) to the royalty rate that 

noncommercial radio stations at certain 

colleges, universities, and other 

educational institutions that are not 

affiliated with National Public Radio 

must pay for the use in 2024 of 

published nondramatic musical 

compositions in the SESAC Performing 

Rights, LLC (SESAC) and Global Music 

Rights, LLC (GMR) repertories pursuant 

to the statutory license under the 

Copyright Act for noncommercial 

broadcasting. 

DATES: 

Effective date: November 30, 2023. 

Applicability dates: These rates are 

applicable to the period January 1, 2024, 

through December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, CRB Program Assistant, 

(202) 707–7658, crb@loc.gov. 

SUPPLEMENTARY INFORMATION: Section 

118 of the Copyright Act, title 17 of the 

United States Code, creates a statutory 

license for the use of published 

nondramatic musical works and 

published pictorial, graphic, and 

sculptural works in connection with 

noncommercial broadcasting. 

On June 28, 2023, the Copyright 

Royalty Judges (Judges) adopted final 

regulations governing the rates and 

terms of copyright royalty payments 

under section 118 of the Copyright Act 

for the license period 2023–2027. See 88 

FR 41827. Pursuant to these regulations, 

on or before December 1 of each year, 

the Judges shall publish in the Federal 

Register notice of the change in the cost 

of living and a revised schedule of the 

rates codified at § 381.5(c)(3) and (4) 

relating to compositions in the repertory 

of SESAC and GMR. The adjustment, 

fixed to the nearest dollar, shall be the 

greater of (1) the change in the cost of 

living as determined by the Consumer 

Price Index (all consumers, all items) 

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

most recent index published prior to the 


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