Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations 88253 

1The CPI–U published in November 2022 is 

available at https://www.bls.gov/news.release/ 

archives/cpi_11102022.htm at Table 1. 

2Base rate. 

3The CPI–U announced on November 14, 2023, 

by the Bureau of Labor Statistics in its Consumer 

Price Index News Release—Consumer Price Index, 

is available at https://www.bls.gov/news.release/ 

archives/cpi_11142023.htm at Table 1. 

■ 2. Add § 177.T200 to read as follows: 

§ 117.T200 Turner Cut. 

The draw of the Zuckerman Brothers 

(McDonald Island) bridge, mile 2.3, near 

Stockton need not open for the passage 

of vessels. 

Dated: December 15, 2023. 

Andrew M. Sugimoto, 

Rear Admiral, U.S. Coast Guard Commander, 

Eleventh Coast Guard District. 

[FR Doc. 2023–28146 Filed 12–20–23; 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; 

Correction 

AGENCY: Copyright Royalty Board (CRB), 

Library of Congress. 

ACTION: Final rule; correction. 

SUMMARY: On November 30, 2023, the 

Copyright Royalty Judges amended 

regulations governing 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. That document contained an 

incorrect reference to a rate. This 

document corrects that reference. 

DATES: 

Effective date: This correction is 

effective December 20, 2023. 

Applicability dates: The adjusted rates 

as published on November 30, 2023, are 

applicable to the period January 1, 2024, 

through December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, (202) 707–7658, crb@

loc.gov. 

SUPPLEMENTARY INFORMATION: On 

November 30, 2023, at 88 FR 83508, the 

Copyright Royalty Judges published a 

rule that contained an incorrect 

reference to a rate in the SUPPLEMENTARY

INFORMATION section. This document 

corrects that reference. 

Correction 

In the Federal Register of Thursday, 

November 30, 2023, in FR Rule Doc. 

2023–26221, appearing on page 83508, 

make the following correction: 

1. On page 85309, in the first column, 

in the fourth paragraph, correct 

‘‘$0.20025’’ to read ‘‘$0.0025’’. 

Dated: December 15, 2023. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2023–28098 Filed 12–20–23; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 385 

[Docket No. 23–CRB–0014–PR–COLA 

(2024)] 

Cost of Living Adjustment to Royalty 

Rates and Terms for Making and 

Distributing Phonorecords; Correction 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Correcting amendments; cost of 

living adjustment. 

SUMMARY: On December 12, 2023, the 

Copyright Royalty Judges amended 

regulations governing royalty rates for 

making and distributing physical 

phonorecords and Permanent 

Downloads of nondramatic musical 

works pursuant to statutory license. 

That document inadvertently omitted 

figures related to calculation of the 

adjusted rates and listed an incorrect 

per-minute rate. 

DATES:

Effective date: December 21, 2023. 

Applicability date: These rates and 

terms are applicable during the period 

from January 1, 2024, through December 

31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, Program Specialist, (202) 

707–7658, crb@loc.gov. 

SUPPLEMENTARY INFORMATION: This 

document provides an amplification of 

the information in the SUPPLEMENTARY

INFORMATION section and a correction to 

a rate in the Final Regulations in the 

final rule/cost of living adjustment 

document published in the Federal 

Register on December 12, 2023 (88 FR 

86058). 

Section 115 of the Copyright Act, title 

17 of the United States Code, creates a 

statutory license for making and 

distributing phonorecords of 

nondramatic musical works. On 

December 16, 2022, the Copyright 

Royalty Judges (Judges) adopted final 

regulations governing the rates and 

terms of copyright royalty payments 

under that license for the license period 

2024–2027 for making and distributing 

phonorecords of nondramatic musical 

works. See 87 FR 76942. 

Pursuant to those regulations, at least 

25 days before January 1 of each year, 

the Judges shall publish in the Federal 

Register notice of a cost of living 

adjustment (COLA) applicable to the 

royalty fees for making and distributing 

physical phonorecords and Permanent 

Downloads. See 37 CFR 385.11. 

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) published in November 2022 

(298.012) 1 (‘‘base rate’’) according to the 

formulas: for the per-work rate, (1 + (Cy 

¥ 298.012 2)/298.012) × 12¢, rounded to 

the nearest tenth of a cent; for the perminute rate, (1 + (Cy ¥ 298.012)/ 

298.012) × 2.31¢, rounded to the nearest 

hundredth of a cent; where Cy is the 

CPI–U published by the Secretary of 

Labor before December 1 of the 

preceding year. 37 CFR 385.11(a)(2). 

The CPI–U published by the Secretary 

of Labor from the most recent index 

published before December 1, 2023, is 

307.671.3 Applying the formulas in 37 

CFR 385.11(a)(2) results in an increase 

in the rates for 2024. 

The adjusted rates for 2024 are 12.4 

cents for the per-work rate and 2.38 

cents for the per-minute rate. 

Details of the required calculations 

were inadvertently omitted from the 

document published in the Federal 

Register on December 12, 2023 (88 FR 

86058). This document provides, in the 

SUPPLEMENTARY INFORMATION section 

herein, additional details of and results 

of the calculations, and corrects the 

amount for the per-minute rate in the 

Final Regulations herein. 

List of Subjects in 37 CFR Part 385 

Copyright, Phonorecords, Recordings. 

Final Regulations 

In consideration of the foregoing, the 

Judges correct part 385 of title 37 of the 

Code of Federal Regulations by making 

the following correcting amendment: 

PART 385—RATES AND TERMS FOR 

USE OF NONDRAMATIC MUSICAL 

WORKS IN THE 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). 


khammond on DSKJM1Z7X2PROD with RULES
88254 Federal Register / Vol. 88, No. 244 / Thursday, December 21, 2023 / Rules and Regulations 

■ 2. Section 385.11 is amended by 

revising paragraph (a)(1) to read as 

follows: 

§ 385.11 Royalty rates. 

(a) * * * 

(1) 2024 rate. For the year 2024 for 

every physical phonorecord and 

Permanent Download the Licensee 

makes and distributes or authorizes to 

be made and distributed, the royalty rate 

payable for each work embodied in the 

phonorecord or Permanent Download 

shall be either 12.4 cents or 2.38 cents 

per minute of playing time or fraction 

thereof, whichever amount is larger. 

* * * * * 

Dated: December 15, 2023. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2023–28075 Filed 12–20–23; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2023–0157; FRL–10778– 

02–R9] 

Air Plan Approval; California; San 

Diego County Air Pollution Control 

District; Oxides of Nitrogen 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the San Diego 

County Air Pollution Control District 

(SDCAPCD) portion of the California 

State Implementation Plan (SIP). This 

revision concerns emissions of oxides of 

nitrogen (NOX) from small boilers, 

process heaters, steam generators, and 

large water heaters. We are approving a 

local rule that regulates these emission 

sources under the Clean Air Act (CAA 

or ‘‘the Act’’). 

DATES: This rule is effective January 22, 

2024. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2023–0157. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

a disability who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Alina Batool, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105; by phone at (415) 972–3345 or by 

email at batool.alina@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. EPA Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On July 26, 2023 (88 FR 48150), the 

EPA proposed to approve the following 

rule into the California SIP. 

Local agency Rule No. Rule title Adopted Submitted 

SDCAPCD ........ 69.2.1 ...... Small Boilers, Process Heaters, Steam Generators, and Large Water Heaters ...... a 07/08/20 09/21/20 

SDCAPCD ........ 69.2.1 ...... Small Boilers, Process Heaters, Steam Generators, and Large Water Heaters ...... a 07/08/20 09/21/20 

aSDCAPCD locally adopted Rule 69.2.1 on March 25, 2009, and locally revised the rule on July 8, 2020. CARB submitted the version of the 

rule that SDCAPCD revised on July 8, 2020, for inclusion in the California SIP. Note that, in terms of the use of the word ‘‘revised’’ or ‘‘amended’’ 

in the description of this rule, the supporting materials in SDCAPCD’s submission refer to the rule as an ‘‘amended rule,’’ but the submitted rule 

text uses the abbreviation, ‘‘rev,’’ for ‘‘revision.’’ For purposes of consistency in incorporating by reference, we are substituting the word ‘‘revised’’ 

for ‘‘amended,’’ because the two terms are used interchangeably but the rule text uses the term ‘‘revision.’’ 

We proposed to approve this rule 

because we determined that it complies 

with the relevant CAA requirements. 

Our proposed action contains more 

information on the rule and our 

evaluation. 

II. Public Comments and EPA 

Responses 

The EPA’s proposed action provided 

a 30-day public comment period. During 

this period, we received one comment 

that was supportive of the proposed 

action. 

III. EPA Action 

No comments were submitted that 

change our assessment of the rule as 

described in our proposed action. 

Therefore, as authorized in section 

110(k)(3) of the Act, the EPA is fully 

approving this rule into the California 

SIP. 

IV. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of Rule 

69.2.1, ‘‘Small Boilers, Process Heaters, 

Steam Generators, and Large Water 

Heaters,’’ revised on July 8, 2020, which 

regulates NOX emissions from small 

boilers, process heaters, steam 

generators, and large water heaters with 

a heat input rating from 75,000 British 

thermal units (Btu) per hour to 2 million 

Btu per hour that are manufactured, 

sold, offered for sale or distribution, or 

installed for use within San Diego 

County, California. The EPA has made, 

and will continue to make, these 

documents available through 

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

V. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 


khammond on DSKJM1Z7X2PROD with RULES