Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 71501 

1On November 20, 2013, the Bureau of Labor 

Statistics announced that the CPI–U increased 1.0% 

over the last 12 months. 

■ 2. Amend § 201.3 to add paragraphs 

(e)(9) and (10) to read as follows: 

§ 201.3 Fees for registration, recordation, 

and related services, special services, and 

services performed by the Licensing 

Division. 

* * * * * 

(e) * * * 

Licensing Division services Fees 

*******

(9) Processing of a statement account based on secondary transmissions of primary transmissions pursuant to 17 U.S.C. 111: 

(i) Form SA1 ............................................................................................................................................................................................. 15 

(ii) Form SA2 ............................................................................................................................................................................................ 20 

(iii) Form SA3 ........................................................................................................................................................................................... 725 

(10) Processing of a statement of account based on secondary transmissions of primary transmissions pursuant to 17 U.S.C. 119 or 

122 ............................................................................................................................................................................................................... 725 

* * * * * 

Dated: November 25, 2013. 

Maria A. Pallante, 

Register of Copyrights. 

[FR Doc. 2013–28716 Filed 11–27–13; 8:45 am] 

BILLING CODE 1410–30–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 2013–9 CRB NCEB COLA] 

Cost of Living Adjustment for 

Performance of Musical Compositions 

by Colleges and Universities 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) of 2% in the royalty rates that 

colleges, universities, and other 

educational institutions not affiliated 

with National Public Radio pay for the 

use of published nondramatic musical 

compositions in the SESAC repertory 

for the statutory license under the 

Copyright Act for noncommercial 

broadcasting. 

DATES: Effective Date: December 30, 

2013. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, Program Specialist. 

Telephone: (202) 707–7658. Email: crb@

loc.gov. 

SUPPLEMENTARY INFORMATION: Section 

118 of the Copyright Act, title 17 of the 

United States Code, creates a 

compulsory license for the use of 

published nondramatic musical works 

and published pictorial, graphic, and 

sculptural works in connection with 

noncommercial broadcasting. 

On November 29, 2012, 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 2013–2017. See 77 

FR 71104. Pursuant to these regulations, 

on or before December 1 of each year, 

the Judges shall publish in the Federal 

Register a notice of the change in the 

cost of living for the rate codified at 

§ 381.5(c)(3) relating to compositions in 

the repertory of SESAC. See 37 CFR 

381.10. 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 

previous notice to the most recent index 

published prior to December 1, of that 

year,’’ 37 CFR 381.10(a), or (2) 2%. 37 

CFR 381.10(b), (c). 

The change in the cost of living as 

determined by the CPI–U during the 

period from the most recent index 

published before December 1, 2012, to 

the most recent index published before 

December 1, 2013, is 1%.1 In 

accordance with 37 CFR 381.10(b), the 

Judges announce that the cost of living 

adjustment shall be 2%. Application of 

the 2% COLA to the current rate for the 

performance of published nondramatic 

musical compositions in the repertory of 

SESAC—$140 per station—results in an 

adjusted rate of $143 per station. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

Final Regulations 

In consideration of the foregoing, the 

Judges amend part 381 of title 37 of the 

Code of Federal Regulations 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 381.5 is amended by 

revising paragraph (c)(3)(ii) to read as 

follows: 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * * * 

(c) * * * 

(3) * * * 

(ii) 2014: $143 per station. 

* * * * * 

Dated: November 21, 2013. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

[FR Doc. 2013–28633 Filed 11–27–13; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 386 

[Docket No. 2013–8 CRB Satellite COLA] 

Cost of Living Adjustment to Satellite 

Carrier Compulsory License Royalty 

Rates 

AGENCY: Copyright Royalty Board, 

Library of Congress. 


sroberts on DSK5SPTVN1PROD with RULES
71502 Federal Register / Vol. 78, No. 230 / Friday, November 29, 2013 / Rules and Regulations 

1Program Suppliers and Joint Sports Claimants 

comprised the Copyright Owners while DIRECTV, 

Inc.; DISH Network, LLC and National 

Programming Service, LLC, comprised the Satellite 

Carriers. 

2On November 20, 2013, the Bureau of Labor 

Statistics announced that the CPI–U increased 1.0% 

over the last 12 months. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(COLA) of 1% in the royalty rates 

satellite carriers pay for a compulsory 

license under the Copyright Act. The 

COLA is based on the change in the 

Consumer Price Index from October 

2012 to October 2013. 

DATES: Effective Date: January 1, 2014. 

Applicability Dates: These rates are 

applicable to the period January 1, 2014, 

through December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, Program Specialist. 

Telephone: (202) 707–7658. Email: crb@

loc.gov. 

SUPPLEMENTARY INFORMATION: The 

satellite carrier compulsory license 

establishes a statutory copyright 

licensing scheme for the retransmission 

of distant television programming by 

satellite carriers. 17 U.S.C. 119. 

Congress created the license in 1988 and 

has reauthorized the license for 

additional five-year periods, most 

recently with the Satellite Television 

Extension and Localism Act of 2010 

(STELA), Public Law 111–175. 

On August 31, 2010, the Copyright 

Royalty Judges (Judges) adopted rates 

for the section 119 compulsory license 

for the 2010–2014 term. See 75 FR 

53198. The rates adopted by the Judges 

were proposed by Copyright Owners 

and Satellite Carriers 1 and were 

unopposed. Id. Section 119(c)(2) of the 

Copyright Act requires the Judges to 

adjust the adopted rates annually ‘‘to 

reflect any changes occurring in the cost 

of living adjustment as determined by 

the most recent Consumer Price Index 

(for all consumers and for all items) 

[CPI–U] published . . . before December 

1 of the preceding year.’’ Section 119 

also requires that ‘‘[n]otification of the 

adjusted fees shall be published in the 

Federal Register at least 25 days before 

January 1.’’ 17 U.S.C. 119(c)(2). Today’s 

notice fulfills this obligation. 

The change in the cost of living as 

determined by the CPI–U during the 

period from the most recent index 

published before December 1, 2012, to 

the most recent index published before 

December 1, 2013, is 1%.2 Application 

of the 1% COLA to the current rate for 

the secondary transmission of broadcast 

stations by satellite carriers for private 

home viewing—27 cents per subscriber 

per month—results in the same rate of 

27 cents per subscriber per month 

(rounded to the nearest cent). See 37 

CFR 386.2(b)(1). Application of the 1% 

COLA to the current rate for viewing in 

commercial establishments—54 cents 

per subscriber per month—results in an 

adjusted rate of 55 cents per subscriber 

per month (rounded to the nearest cent). 

See 37 CFR 386.2(b)(2). 

List of Subjects in 37 CFR Part 386 

Copyright, Satellite, Television. 

Final Regulations 

In consideration of the foregoing, the 

Judges amend part 386 of title 37 of the 

Code of Federal Regulations as follows: 

PART 386—ADJUSTMENT OF 

ROYALTY FEES FOR SECONDARY 

TRANSMISSIONS BY SATELLITE 

CARRIERS 

■ 1. The authority citation for part 386 

continues to read as follows: 

Authority: 17 U.S.C. 119(c), 801(b)(1). 

■ 2. Section 386.2 is amended by 

revising paragraphs (b)(1)(v) and 

(b)(2)(v) as follows: 

§ 386.2 Royalty fee for secondary 

transmission by satellite carriers. 

* * * * * 

(b) * * * 

(1) * * * 

(v) 2014: 27 cents per subscriber per 

month. 

(2) * * * 

(v) 2014: 55 cents per subscriber per 

month. 

Dated: November 21, 2013. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

[FR Doc. 2013–28632 Filed 11–27–13; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2013–0455; FRL–9903–17– 

Region 4] 

Approval and Promulgation of 

Implementation Plans; Tennessee; 

Revisions to the Knox County Portion 

of the Tennessee State Implementation 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Tennessee, 

through the Tennessee Department of 

Environment and Conservation (TDEC) 

on December 13, 2012. EPA proposed 

action on this revision on August 16, 

2013, and received no adverse 

comments. The SIP submittal revises the 

definition of ‘‘Modification’’ in Knox 

County Air Quality Management 

Regulation Section 13 Definitions. TDEC 

considers Knox County’s SIP revision to 

be as or more stringent than the 

Tennessee SIP requirements. EPA is 

approving the Knox County SIP revision 

because the State has demonstrated that 

it is consistent with the Clean Air Act 

(CAA or Act). 

DATES: This rule will be effective 

December 30, 2013. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2013–0455. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information is not publicly 

available, i.e., Confidential Business 

Information 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 either electronically through 

www.regulations.gov or in hard copy at 

the Regulatory Development Section, 

Air Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30 

excluding federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Sean Lakeman, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9043. 

Mr. Lakeman can be reached via 

electronic mail at 

lakeman.sean@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. This Action 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. This Action 

On December 13, 2012, TDEC 

submitted a SIP revision to EPA for 

approval into the Knox County portion 

of the Tennessee SIP. Specifically, the 


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