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
Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Proposed Rules 38023 

1For the general background of this proceeding, 

including the list of parties who filed a petition to 

participate, see 77 FR 24663 (April 25, 2012). 

2Comments regarding the other proposed changes 

were also received. Such comments will be 

addressed in a future publication adopting final 

regulations. 

means of transmission. Comments and 

objections may not be delivered by an 

overnight delivery service other than the 

U.S. Postal Service Express Mail. If by 

mail (including overnight delivery), 

comments and objections must be 

addressed to: Copyright Royalty Board, 

P.O. Box 70977, Washington, DC 20024– 

0977. If hand delivered by a private 

party, comments and objections must be 

brought to the Copyright Office, Public 

Information Office, Library of Congress, 

James Madison Memorial Building, 

Room LM–401, 101 Independence 

Avenue SE., Washington, DC 20559– 

6000, between 8:30 a.m. and 5 p.m. If 

delivered by a commercial courier, 

comments and objections must be 

delivered between 8:30 a.m. and 4 p.m. 

to the Congressional Courier Acceptance 

Site located at 2nd and D Street NE., 

Washington, DC, and the envelope must 

be addressed to: Copyright Royalty 

Board, Library of Congress, James 

Madison Memorial Building, Room LM– 

403, 101 Independence Avenue SE., 

Washington, DC 20559–6000. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, Program Specialist, by 

telephone (202) 707–7658 or email at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: On April 

25, 2012, the Copyright Royalty Judges 

published for comment in the Federal 

Register proposed rates and terms for 

the 2013–2017 license period for the use 

of certain copyrighted works in 

connection with noncommercial 

television and radio broadcasting under 

section 118 of the Copyright Act, title 17 

of the United States Code. 77 FR 24662 

(April 25, 2012). The proposed rates and 

terms were submitted to the Judges by 

certain parties who filed petitions to 

participate in the proceeding.1 However, 

the Judges received no proposal for two 

sections, namely, § 381.4, which 

governed performance of musical 

compositions by PBS, NPR and other 

public broadcasting entities engaged in 

the activities of 17 U.S.C. 118(c), and 

§ 381.8, which governed the terms and 

rates of royalty payments for the use of 

published pictorial, graphic and 

sculptural works in PBS-distributed 

programs as well as in other PBSdistributed programs. Consequently, the 

Judges proposed removing these 

sections and reserving the section 

numbers. 

In response to the April 25 proposed 

rule, the Judges received from PBS and 

NPR a joint proposal setting forth rates 

and terms for § 381.4 and § 381.8.2

Section 801(b)(7)(A) of the Copyright 

Act, in pertinent part, requires the 

Judges to publish in the Federal 

Register rates and terms negotiated by 

copyright owners and public 

broadcasting entities in order to afford 

those who would be bound by such 

rates and terms an opportunity to 

comment and/or object to the proposal. 

Today’s notice fulfills this requirement. 

The public may comment on and 

object to the proposed regulations 

contained in this notice. Such 

comments and objections must be 

submitted no later than July 26, 2012. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

Proposed Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

propose to amend Part 381 to Chapter III 

of title 37 of the Code of Federal 

Regulations to read as follows: 

PART 381—USE OF CERTAIN 

COPYRIGHTED WORKS IN 

CONNECTION WITH 

NONCOMMERCIAL EDUCATIONAL 

BROADCASTING 

1. The authority citation for part 381 

continues to read as follows: 

Authority: 17 U.S.C. 118, 801(b)(1) and 

803. 

2. Section 381.4 is amended as 

follows: 

a. By revising paragraphs (a)(1)–(8); 

and 

b. In paragraph (c), by removing 

‘‘2008’’ and adding ‘‘2013’’ in its place, 

and by removing ‘‘2012’’ and adding 

‘‘2017’’ in its place. 

The revisions read as follows: 

§ 381.4 Performance of musical 

compositions by PBS, NPR and other public 

broadcasting entities engaged in the 

activities set forth in 17 U.S.C. 118(c). 

* * * * * 

(a) Determination of royalty rate. 

(1) For performance of such work in 

a feature presentation of PBS: 

2013–2017 ...................................... $232.18 

(2) For performance of such a work as 

background or theme music in a PBS 

program: 

2013–2017 ...................................... $58.51 

(3) For performance of such a work in 

a feature presentation of a station of 

PBS: 

2013–2017 ...................................... $19.84 

(4) For performance of such a work as 

background or theme music in a 

program of a station of PBS: 

2013–2017 ...................................... $4.18 

(5) For the performance of such a 

work in a feature presentation of NPR: 

2013–2017 ...................................... $23.53 

(6) For the performance of such a 

work as background or theme music in 

an NPR program: 

2013–2017 ...................................... $5.70 

(7) For the performance of such a 

work in a feature presentation of a 

station of NPR: 

2013–2017 ...................................... $1.66 

(8) For the performance of such a 

work as background or theme music in 

a program of a station of NPR: 

2013–2017 ...................................... $.59 

* * * * * 

3. Section 381.8 is amended as 

follows: 

a. By revising paragraphs (b)(1)(i)–(ii); 

and 

b. In paragraph (f), by removing 

‘‘2012’’ and adding ‘‘2017’’ in its place. 

The revisions read as follows: 

§ 381.8 Terms and rates of royalty 

payments for the use of published pictorial, 

graphic, and sculptural works. 

* * * * * 

(b) Royalty rate. (1) The following 

schedule of rates shall apply to the use 

of works within the scope of this 

section: 

(i) For such uses in a PBS-distributed 

program: 

(A) For featured display of a work $70.75 

(B) For background and montage 

display ........................................ 34.50 

(C) For use of a work for program 

identification or for thematic 

use ............................................... 139.46 

(D) For the display of an art reproduction copyrighted separately from the work of fine art 

from which the work was reproduced irrespective of whether the reproduced work of fine 

art is copyrighted so as to be 

subject also to payment of a 

display fee under the terms of 

the schedule ............................... 45.82 

(ii) For such uses in other than PBSdistributed programs: 

(A) For featured display of a work $45.82 


rmajette on DSK2TPTVN1PROD with PROPOSALS
38024 Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Proposed Rules 

(B) For background and montage 

display ........................................ 23.48 

(C) For use of a work for program 

identification or for thematic 

use ............................................... 93.65 

(D) For the display of an art reproduction copyrighted separately from the work of fine art 

from which the work was reproduced irrespective of whether the reproduced work of fine 

art is copyrighted so as to be 

subject also to payment of a 

display fee under the terms of 

the schedule ............................... 23.49 

* * * * * 

Dated: June 20, 2012. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

[FR Doc. 2012–15538 Filed 6–25–12; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3160 

[WO–300–L13100000.FJ0000] 

RIN 1004–AE26 

Oil and Gas; Well Stimulation, 

Including Hydraulic Fracturing, on 

Federal and Indian Lands 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Proposed rule; extension of 

comment period. 

SUMMARY: On May 11, 2012, the Bureau 

of Land Management (BLM) published 

in the Federal Register a proposed rule 

to regulate hydraulic fracturing on 

public land and Indian land. The rule 

would require disclosure to the public 

of chemicals used in hydraulic 

fracturing on public land and Indian 

land, strengthen regulations related to 

well-bore integrity, and address issues 

related to flowback water. This rule is 

necessary to provide useful information 

to the public and to help ensure that 

hydraulic fracturing is conducted in a 

way that adequately protects the 

environment. 

Due to the complexity of the rule and 

the issues surrounding it, the BLM is 

extending the comment period for 60 

days beyond the end of the initial 

comment period. As a result of this 

extension, the comment period will now 

close on September 10, 2012. 

DATES: The comment period for the 

proposed rule published May 11, 2012, 

at 77 FR 27691, is extended. Send your 

comments on this proposed rule to the 

BLM on or before September 10, 2012. 

The BLM need not consider, or include 

in the administrative record for the final 

rule, comments that the BLM receives 

after the close of the comment period or 

comments delivered to an address other 

than those listed below (see ADDRESSES). 

ADDRESSES: Mail: U.S. Department of 

the Interior, Director (630), Bureau of 

Land Management, Mail Stop 2134 LM, 

1849 C St. NW., Washington, DC 20240, 

Attention: 1004–AE26. Personal or 

messenger delivery: Bureau of Land 

Management, 20 M Street SE., Room 

2134 LM, Attention: Regulatory Affairs, 

Washington, DC 20003. Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions at this Web site. 

FOR FURTHER INFORMATION CONTACT: 

Steven Wells, Division Chief, Fluid 

Minerals Division, 202–912–7143 for 

information regarding the substance of 

the rule or information about the BLM’s 

Fluid Minerals Program. Persons who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339 to contact the above 

individual during normal business 

hours. FIRS is available 24 hours a day, 

7 days a week to leave a message or 

question with the above individual. You 

will receive a reply during normal 

business hours. 

SUPPLEMENTARY INFORMATION: 

Public Comment Procedures 

If you wish to comment, you may 

submit your comments by any one of 

several methods: 

Mail: You may mail comments to U.S. 

Department of the Interior, Director 

(630), Bureau of Land Management, 

Mail Stop 2134LM, 1849 C Street NW., 

Washington, DC 20240, Attention: 

1004–AE26. Personal or messenger 

delivery: Bureau of Land Management, 

20 M Street SE., Room 2134 LM, 

Attention: Regulatory Affairs, 

Washington, DC 20003. Federal 

eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions at this Web site. 

Please make your comments as 

specific as possible by confining them to 

issues directly related to the content of 

this proposed rule, and explain the basis 

for your comments. The comments and 

recommendations that will be most 

useful and likely to influence agency 

decisions are: 

1. Those supported by quantitative 

information or studies; and 

2. Those that include citations to, and 

analyses of, the applicable laws and 

regulations. 

The BLM is not obligated to consider 

or include in the Administrative Record 

for the rule comments received after the 

close of the comment period (see DATES) 

or comments delivered to an address 

other than those listed above (see 

ADDRESSES). 

Comments, including names and 

street addresses of respondents, will be 

available for public review at the 

address listed under ADDRESSES during 

regular hours (7:45 a.m. to 4:15 p.m.), 

Monday through Friday, except 

holidays. 

Before including your address, 

telephone number, email address, or 

other personal identifying information 

in your comment, be advised that your 

entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask in your comment to 

withhold from public review your 

personal identifying information, we 

cannot guarantee that we will be able to 

do so. 

Background 

The proposed rule was published on 

May 11, 2012 (77 FR 27691), with a 60- 

day comment period closing on July 10, 

2012. Since publication, the BLM has 

received numerous requests for 

extension of the comment period on the 

proposed rule. Because of the 

complexity of the rule and due to the 

controversial nature of well stimulation 

procedures, the BLM is hereby 

extending the comment period on the 

rule for 60 days. The closing date of the 

extended comment period is September 

10, 2012. 

Dated: June 20, 2012. 

Marcilynn A. Burke, 

Acting Assistant Secretary, Land and 

Minerals Management. 

[FR Doc. 2012–15557 Filed 6–25–12; 8:45 am] 

BILLING CODE 4310–84–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 541 

[Docket No. NHTSA–2012–0072] 

Preliminary Theft Data; Motor Vehicle 

Theft Prevention Standard 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Publication of preliminary theft 

data; request for comments. 

SUMMARY: This document requests 

comments on data about passenger 

motor vehicle thefts that occurred in 


rmajette on DSK2TPTVN1PROD with PROPOSALS