82540 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order JO 7400.11J, 

Airspace Designations and Reporting 

Points, dated July 31, 2024, and 

effective September 15, 2024, is 

amended as follows: 

Paragraph 5000 Class D Airspace. 

* * * * * 

AWP CA D San Bernardino, CA [Amended] 

San Bernardino International Airport, CA 

(Lat. 34°05′43′′ N, long. 117°14′06′′ W) 

Ontario International Airport, CA 

(Lat. 34°03′22′′ N, long. 117°36′04′′ W) 

That airspace extending upward from the 

surface to and including 3,700 feet within a 

boundary beginning at the airport’s 048° 

bearing at 4.1 miles, then south along Church 

Street to the 137° bearing at 4.5 miles, then 

clockwise around the airport’s 4.5-mile 

radius to the 307° bearing, thence to the point 

of beginning, and within an area 2.1 miles 

either side of the airport’s 250° bearing 

extending from the 4.5-mile radius to 5 miles 

west of the airport, excluding that airspace 

within the Ontario International Airport 

Class C airspace; that airspace extending 

upwards from 2,600 feet to and including 

3,700 feet within an area 2.8 miles north and 

1.1 miles south of the airport’s 090° bearing 

extending from 3 miles east of the airport to 

the 5.5-mile radius of the airport. This Class 

D airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Air Missions. The 

effective date and time will thereafter be 

continuously published in the Chart 

Supplement. 

* * * * * 

Paragraph 6004 Class E Airspace Areas 

Designated as an Extension to a Class D or 

Class E Surface Area. 

* * * * * 

AWP CA E4 San Bernardino, CA [New] 

San Bernardino International Airport, CA 

(Lat. 34°05′43′′ N, long. 117°14′06′′ W) 

Point in Space 

(Lat. 34°02′46′′ N, long. 117°10′03′′ W) 

That airspace extending upward from the 

surface within a boundary beginning at the 

airport’s 048° bearing at 4.1 miles, then south 

along Church Street to its intersection with 

the Point in Space’s 2.8-mile radius, thence 

clockwise via the Point in Space’s 2.8-mile 

radius to its 068° bearing, thence to lat. 

34°01′38′′ N, long. 117°06′56′′ W, to lat. 

34°01′38′′ N, long. 117°04′17′′ W, to lat. 

34°08′29′′ N, long. 117°04′17′′ W, thence to 

the point of beginning. This Class E airspace 

area is effective during the specific dates and 

times established in advance by a Notice to 

Air Missions. The effective date and time 

will thereafter be continuously published in 

the Chart Supplement. 

* * * * * 

Issued in Des Moines, Washington, on 

October 7, 2024. 

B.G. Chew, 

Group Manager, Operations Support Group, 

Western Service Center. 

[FR Doc. 2024–23497 Filed 10–10–24; 8:45 am] 

BILLING CODE 4910–13–P 

EQUAL EMPLOYMENT OPPORTUNITY 

COMMISSION 

29 CFR Part 1602 

RIN 3046–AB28 

Recordkeeping and Reporting 

Requirements Under Title VII, the ADA, 

GINA, and the PWFA 

AGENCY: Equal Employment 

Opportunity Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Equal Employment 

Opportunity Commission (‘‘EEOC’’ or 

‘‘Commission’’) is proposing to amend 

its regulations regarding recordkeeping 

and reporting requirements to delegate 

authority for making determinations on 

hardship exemption applications, to set 

forth the procedure for applying for 

exemptions, and to provide a nonexhaustive list of criteria for considering 

exemption applications. These actions 

are necessary for administrative 

efficiency and transparency. 

DATES: Comments on the notice of 

proposed rulemaking (hereinafter 

‘‘NPRM’’) must be received on or before 

December 10, 2024. 

ADDRESSES: You may submit comments, 

identified by RIN Number 3046–AB28, 

by any of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 663–4114. Only 

comments of six or fewer pages will be 

accepted via FAX transmittal, in order 

to assure access to the equipment. 

Receipt of FAX transmittals will not be 

acknowledged, except that the sender 

may request confirmation of receipt by 

calling the Executive Secretariat staff at 

(202) 921–2815 (voice), 1–800–669– 

6820 (TTY), or 1–844–234–5122 (ASL 

video phone). 

• Mail: Ray Windmiller, Executive 

Officer, Executive Secretariat, U.S. 

Equal Employment Opportunity 

Commission, 131 M Street NE, 

Washington, DC 20507. 

• Hand Delivery/Courier: Ray 

Windmiller, Executive Officer, 

Executive Secretariat, U.S. Equal 

Employment Opportunity Commission, 

131 M Street NE, Washington, DC 

20507. 

Instructions: The Commission invites 

comments from all interested parties. 

All comment submissions must include 

the Regulatory Information Number 

(RIN) for this rulemaking. Comments 

need to be submitted in only one of the 

above-listed formats. All comments 

received will be posted without change 

to https://www.regulations.gov, 

including any personal information you 

provide. However, the EEOC reserves 

the right to refrain from posting libelous 

or otherwise inappropriate comments, 

including those that contain obscene, 

indecent, or profane language; that 

contain threats or defamatory 

statements; that contain hate speech 

directed at race, color, sex, national 

origin, age, religion, disability, or 

genetic information; or that promote or 

endorse services or products. 

Docket: For access to comments 

received, go to https://

www.regulations.gov. Copies of the 

received comments also will be 

available for review at the Commission’s 

library, 131 M Street NE, Suite 

4NW08R, Washington, DC 20507, 

between the hours of 9:30 a.m. and 4:30 

p.m., from December 10, 2024, until the 

Commission publishes the rule in final 

form. Members of the public may 

schedule a library appointment by 

sending an email to OEDA@eeoc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Oram, Assistant Legal 

Counsel, at (202) 921–2665 or 

Kathleen.Oram@eeoc.gov, or Lynn 

Dickinson, Senior Attorney, at (202) 

921–2559 or Lynn.Dickinson@eeoc.gov, 

Office of Legal Counsel, U.S. Equal 

Employment Opportunity Commission. 

Requests for this document in an 

alternative format should be made to the 

EEOC’s Office of Communications and 

Legislative Affairs at (202) 921–3191 

(voice), (800) 669–6820 (TTY), or (844) 

234–5122 (ASL video phone). 

SUPPLEMENTARY INFORMATION: Title VII 

requires covered entities to ‘‘make and 

keep . . . records relevant to the 

determinations of whether unlawful 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 82541 

1The EEOC does not currently collect the EEO– 

2 or EEO–6 reports. 

2References to the CDO in this NPRM include the 

CDO’s designee. 

3At the opening of each specific year’s 

collection(s), the EEOC provides filers with a webbased ‘‘Instruction Booklet’’ containing the 

eligibility requirements for the respective collection 

along with detailed instructions on how to file a 

report as well as submit a request for an exemption. 

employment practices have been or are 

being committed.’’ 42 U.S.C. 2000e–8(c). 

Pursuant to its rulemaking authority in 

sections 709(c) and 713(a) of Title VII, 

see 42 U.S.C. 2000e–8(c); 2000e–12(a), 

in 1966 the EEOC issued regulations 

requiring covered employers, joint 

labor-management committees, labor 

organizations, political jurisdictions, 

school systems or districts, and 

institutions of higher education subject 

to these laws (collectively ‘‘filers’’) to 

report specified information to the 

Commission to aid in the administration 

and enforcement of federal employment 

discrimination law. See 29 CFR 1602.7 

(EEO–1 report), 1602.15 (EEO–2 report), 

1602.22 (EEO–3 report), 1602.32 (EEO– 

4 report), 1602.41 (EEO–5 report), 

1602.50 (EEO–6 report).1 Section 709(c) 

allows filers to apply to the Commission 

for an exemption from the reporting 

requirements if the filers believe 

application of these requirements would 

result in undue hardship. Accordingly, 

the EEOC’s regulations allow filers to 

apply for exemptions from the reporting 

requirements. See 29 CFR 1602.10 

(EEO–1 report exemption), 1602.18 

(EEO–2 report exemption), 1602.25 

(EEO–3 report exemption), 1602.35 

(EEO–4 report exemption), 1602.44 

(EEO–5 report exemption), and 1602.53 

(EEO–6 report exemption). 

The EEOC is issuing this notice of 

proposed rulemaking (NPRM) to revise 

29 CFR part 1602 by creating a new 

subpart addressing applications for 

exemptions that will be applicable to all 

EEO reports. This new subpart would 

replace the existing separate provisions 

addressing undue hardship applications 

for the six EEO reports; therefore, this 

NPRM also proposes to remove and 

reserve 29 CFR 1602.10, 1602.18, 

1602.25, 1602.35, 1602.44, and 1602.53. 

Providing a single procedure to address 

all hardship exemption applications 

will enhance administrative efficiency 

and streamline the regulation. This new 

subpart would apply to all EEO reports 

as now constituted or subsequently 

modified. 

In addition, the Commission proposes 

to revise its regulations to: (1) delegate 

to its Chief Data Officer (CDO) or the 

CDO’s designee 2 the authority to make 

determinations on exemption 

applications; (2) establish express 

procedures for exemption applications; 

and (3) delineate the criteria that are 

used for assessing exemption 

applications. 

Currently, the Commission’s 

regulations state that filers may apply to 

the Commission for an exemption from 

the reporting requirements. See 29 CFR 

1602.10, 1602.18, 1602.25, 1602.35, 

1602.44, and 1602.53. Filers now submit 

applications for undue hardship 

exemptions to the EEOC’s Office of 

Enterprise Data and Analytics (OEDA), 

which is led by the CDO, and OEDA 

prepares each application for 

submission to the Commission. The 

Commissioners subsequently review 

and then vote on each application. The 

Commission’s determination is returned 

to OEDA, which then conveys the result 

to the filer. 

The Commission proposes to delegate 

to the CDO, or the CDO’s designee, 

authority to make determinations on 

applications for exemptions from 

reporting requirements. The CDO, as 

Director of OEDA, administers the 

Commission’s EEO data collections, 

addresses questions and concerns filers 

raise as they prepare their submissions, 

and works closely with data collected in 

EEO reports. Allowing the CDO to 

consider and make determinations on 

filers’ exemption applications will allow 

the CDO to bring this knowledge and 

information directly to bear in assessing 

applications and will increase 

efficiencies for both filers and the 

Commission. 

Section 709(c) of Title VII directs the 

Commission to accept applications for 

undue hardship exemptions, and 

section 713(a), 42 U.S.C. 2000e–12, 

grants the Commission authority to 

issue procedural regulations ‘‘to carry 

out the provisions of this subchapter,’’ 

which includes section 709. Over the 

course of the many years during which 

the Commission has implemented 

section 709, the Commission has 

worked with numerous filers and has 

accepted and decided many 

applications for undue hardship 

exemptions. The purpose of this 

procedural rulemaking is to establish 

and publicize express procedures and to 

delineate and publicize the criteria the 

CDO will follow in making 

determinations on filers’ hardship 

exemption applications. The criteria are 

a necessary component of this 

procedural regulation and are not new; 

rather, they are drawn from the 

Commission’s decades of experience 

implementing section 709. Finally, 

publishing the procedures and criteria 

will provide greater transparency to 

filers and the public. 

The deadlines for requesting 

exemptions, as well as the steps for 

submitting exemption applications, are 

provided in each collection’s 

accompanying instructions.3 Upon 

receipt of an exemption application, the 

CDO will expeditiously issue a written 

determination that will notify the filer 

of the disposition of the application, 

and in the event the application is 

denied, the determination will notify 

the filer of the deadline for filing the 

report, which shall be at least 30 

calendar days following the 

determination. While an application for 

exemption is pending before the CDO, 

the filer must continue diligently to 

collect and prepare the data required for 

the report in case the exemption request 

is denied. A filer’s failure to exercise 

such diligence is not cause for 

additional time to file a report if their 

exemption request is denied. 

The regulation identifies a nonexhaustive list of criteria for the CDO, 

or the CDO’s designee, to consider in 

making undue hardship determinations, 

drawn from the Commission’s 

experience working with filers over 

many years. These criteria include the 

nature and extent of the filer’s efforts to 

collect and retain the required 

information; the degree to which the 

filer attempted to anticipate and 

preempt any problems in collecting and 

retaining the required information; the 

filer’s prior data reporting history, 

including whether the filer previously 

failed to submit a report or requested an 

exemption, and if so, whether such 

exemption was granted; the degree to 

which the circumstances are beyond the 

filer’s control or are extraordinary; and, 

the degree to which compliance has 

been rendered impracticable or 

impossible (e.g., due to natural disaster 

or data loss). 

Title VII requires employers to 

preserve their records. 42 U.S.C. 2000e– 

8(c). Nevertheless, through the 

determination criteria, the Commission 

acknowledges that under certain 

extreme circumstances, e.g., where a 

filer, through no fault of its own, loses 

its data via security breach, natural 

disaster, or other significant disruption, 

compliance with the filing requirement 

may be rendered impossible or 

impracticable. 

Ultimately, the general expectation is 

compliance with the Commission’s 

reporting requirements. Exemptions 

should be needed only in rare, extreme 

circumstances. The Commission expects 

filers to comply with Title VII and these 

regulations by properly maintaining 

records and submitting the applicable 


ddrumheller on DSK120RN23PROD with PROPOSALS1
82542 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 

EEO reports when required. To that end, 

the regulation also includes a nonexhaustive list of factors that will not 

serve as a basis for finding that undue 

hardship exists: A filer’s number of 

establishments alone; lack of knowledge 

about the reporting requirements; 

routine or purposeful data expungement 

by the filer or a third party; and failure 

to plan for adequate data security, 

maintenance, or transfer (e.g., data loss 

due to a change in vendor or employee 

succession where the filer or vendor 

failed to back up the data). Permitting 

filers to avoid submitting data based on 

these grounds would thwart the 

statutory purpose of the data collection 

by incentivizing failure to reasonably 

maintain employment records. 

Regulatory Procedures 

Executive Order 12866 

The Commission has complied with 

the principles in section 1(b) of 

Executive Order 12866, Regulatory 

Planning and Review. This NPRM is not 

a ‘‘significant regulatory action’’ under 

section 3(f) of the order and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of the 

order. 

Paperwork Reduction Act 

The Paperwork Reduction Act (44 

U.S.C. chapter 35) (PRA) applies to 

rulemakings in which an agency creates 

a new paperwork burden on regulated 

entities or modifies an existing burden. 

This proposed rule imposes no new 

information collection requirements on 

the public, and therefore it will create 

no new paperwork burdens or 

modifications to existing burdens that 

are subject to review by the Office of 

Management and Budget under the 

PRA. 

Regulatory Flexibility Act 

The Commission certifies under 5 

U.S.C. 605(b) that this NPRM will not 

have a significant economic impact on 

a substantial number of small entities. 

To the extent that it affects small 

entities, it merely clarifies the process 

for requesting exemptions. For this 

reason, a regulatory flexibility analysis 

is not required. 

Unfunded Mandates Reform Act of 1995 

This NPRM will not result in the 

expenditure by State, local, or tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year, and it will not 

significantly or uniquely affect small 

governments. To the extent that it may 

apply to state or local government 

reporting requirements, it merely 

clarifies the process for requesting 

exemptions. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Congressional Review Act 

This NPRM is not a ‘‘rule’’ as that 

term is used by the Congressional 

Review Act (Subtitle E of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996) because, as a 

proposal submitted for public comment, 

it is not a ‘‘rule’’ within the definition 

of 5 U.S.C. 801. The Congressional 

Review Act only applies to final rules. 

Therefore, the reporting requirement of 

5 U.S.C. 801 does not apply. 

List of Subjects in 29 CFR Part 1602 

Administrative practice and 

procedure, Equal employment 

opportunity, Reporting and 

recordkeeping requirements. 

Accordingly, for the reasons 

discussed in the preamble, the Equal 

Employment Opportunity Commission 

proposes to amend 29 CFR part 1602 as 

follows: 

PART 1602—RECORDKEEPING AND 

REPORTING REQUIREMENTS UNDER 

TITLE VII, THE ADA, GINA, AND THE 

PWFA 

■ 1. The authority citation for 29 CFR 

part 1602 continues to read as follows: 

Authority: 42 U.S.C. 2000e–8, 2000e–12; 

44 U.S.C. 3501 et seq.; 42 U.S.C. 12117; 42 

U.S.C. 2000ff–6; 42 U.S.C. 2000gg–2. 

§§ 1602.10, 1602.18, 1602.25, 1602.35, 

1602.44, and 1602.53 [Removed and 

Reserved] 

■ 2. Remove and reserve §§ 1602.10, 

1602.18, 1602.25, 1602.35, 1602.44, and 

1602.53. 

■ 3. Add subpart S, consisting of 

§§ 1062.57 and 1602.58, to read as 

follows: 

Subpart S—Exemption From Reporting 

Requirements 

Sec. 

1602.57 Procedures. 

1602.58 Consideration of exemption 

requests. 

Subpart S—Exemption From Reporting 

Requirements 

§ 1602.57 Procedures. 

(a) If a filer claims that the 

preparation or filing of the report would 

create undue hardship, the filer may 

apply to the Commission for an 

exemption from the requirements set 

forth in this part by submitting a written 

exemption application according to the 

applicable collection’s accompanying 

instructions. Filers must demonstrate 

with specific facts (and supporting 

documentation, as appropriate) how 

preparing or filing the report would 

create undue hardship. 

(b) The Commission hereby delegates 

to its Chief Data Officer (CDO), or the 

CDO’s designee, authority to make 

determinations on applications for 

exemptions under this subpart. 

(1) The CDO shall expeditiously issue 

a written determination notifying the 

filer of the disposition of the exemption 

application. 

(2) If the CDO denies the application 

for an exemption, the CDO will notify 

the filer in writing of the following: 

(i) The deadline for filing the report, 

which will be at least 30 calendar days 

after the CDO’s determination; and 

(ii) That the filer may bring a civil 

action in the United States District 

Court for the district where the filer’s 

records are kept, pursuant to 42 U.S.C. 

2000e–8(c). 

(c) While an application is pending, 

the filer must continue to collect and 

prepare the data required for the report 

in case the exemption request is denied. 

(d) The CDO will report annually to 

the Commission the number of 

exemption applications received and 

the determinations made on those 

applications and will make the 

applications and written determinations 

available to the Commission. 

§ 1602.58 Consideration of exemption 

requests. 

(a) The CDO, or the CDO’s designee, 

will consider the facts and 

circumstances presented in each 

application, including but not limited 

to: 

(1) The nature and extent of the filer’s 

efforts to collect and retain the required 

information; 

(2) The degree to which the filer 

attempted to anticipate and preempt any 

problems in collecting and retaining the 

required information; 

(3) The filer’s prior data reporting 

history, including whether the filer 

previously failed to submit a report or 

requested an exemption, and if so, 

whether such exemption was granted; 

(4) The degree to which the 

circumstances are beyond the filer’s 

control or are extraordinary; and 

(5) The degree to which compliance 

has been rendered impracticable or 

impossible (e.g., due to natural disaster 

or data loss). 

(b) The filer bears the burden to 

demonstrate that the reporting 

requirement would result in undue 

hardship. 

(c) Circumstances that generally will 

not form the basis of a finding of undue 

hardship include, but are not limited to: 

(1) A filer’s number of establishments 

alone; 


ddrumheller on DSK120RN23PROD with PROPOSALS1
Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 82543 

(2) A filer’s lack of knowledge about 

the reporting requirements; 

(3) Routine or purposeful data 

expungement by the filer or a third 

party; and 

(4) A filer’s failure to plan for 

adequate data security, maintenance, or 

transfer (e.g., data loss due to a change 

in vendor or employee succession 

where the filer or vendor failed to back 

up the data). 

Charlotte A. Burrows, 

Chair, Equal Employment Opportunity 

Commission. 

[FR Doc. 2024–23327 Filed 10–10–24; 8:45 am] 

BILLING CODE 6570–01–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 380 

[Docket No 23–CRB–0012–WR (2026–2030)] 

Determination of Rates and Terms for 

Digital Performance of Sound 

Recordings and Making of Ephemeral 

Copies To Facilitate Those 

Performances (Web VI) 

AGENCY: Copyright Royalty Board (CRB), 

Library of Congress. 

ACTION: Proposed rule related to 

noncommercial educational webcasters. 

SUMMARY: The Copyright Royalty Judges 

are publishing for comment proposed 

regulations governing the rates and 

terms for the digital performance of 

sound recordings by noncommercial 

educational webcasters and for the 

making of ephemeral recordings 

necessary for the facilitation of such 

transmissions for the period 

commencing January 1, 2026, and 

ending on December 31, 2030. 

DATES: Comments and objections, if any, 

are due November 12, 2024. 

ADDRESSES: You may submit comments 

using eCRB, the Copyright Royalty 

Board’s online electronic filing 

application, at https://app.crb.gov/. 

Instructions: To send your comment 

through eCRB, if you don’t have a user 

account, you will first need to register 

for an account and wait for your 

registration to be approved. Approval of 

user accounts is only available during 

business hours. Once you have an 

approved account, you can only sign in 

and file your comment after setting up 

multi-factor authentication, which can 

be done at any time of day. All 

comments must include the Copyright 

Royalty Board name and the docket 

number for this proposed rule. All 

properly filed comments will appear 

without change in eCRB at https://

app.crb.gov, including any personal 

information provided. 

Docket: For access to the docket to 

read submitted background documents 

or comments, go to eCRB, the Copyright 

Royalty Board’s electronic filing and 

case management system, at https://

app.crb.gov/, and search for docket 

number 23–CRB–0012–WR (2026– 

2030). 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, CRB Program Specialist, 

at (202) 707–7658 or crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 114 of the Copyright Act, title 

17 of the United States Code, provides 

a statutory license that allows for the 

public performance of sound recordings 

by means of a digital audio transmission 

by, among others, eligible 

nonsubscription transmission services. 

17 U.S.C. 114(f). For purposes of the 

section 114 license, an ‘‘eligible 

nonsubscription transmission’’ is a 

noninteractive digital audio 

transmission that does not require a 

subscription for receiving the 

transmission. The transmission must 

also be made as part of a service that 

provides audio programming consisting 

in whole or in part of performances of 

sound recordings the purpose of which 

is to provide audio or other 

entertainment programming, but not to 

sell, advertise, or promote particular 

goods or services. See 17 U.S.C. 

114(j)(6). 

Services using the section 114 license 

may need to make one or more 

temporary or ‘‘ephemeral’’ copies of a 

sound recording to facilitate the 

transmission of that recording. The 

section 112 statutory license allows for 

the making of these ephemeral 

reproductions. 17 U.S.C. 112(e). 

Chapter 8 of the Copyright Act 

requires the Judges to conduct 

proceedings every five years to 

determine the rates and terms for the 

sections 114 and 112 statutory licenses. 

17 U.S.C. 801(b)(1), 804(b)(3)(A). The 

current proceeding commenced in 

January 2024 for rates and terms that 

will become effective on January 1, 

2026, and end on December 31, 2030. 

Pursuant to section 804(b)(3)(A), the 

Judges published in the Federal 

Register a notice commencing the 

proceeding and requesting that 

interested parties submit their petitions 

to participate. 89 FR 812 (Jan. 5, 2024). 

SoundExchange, Inc. 

(‘‘SoundExchange’’), and College 

Broadcasters, Inc. (‘‘CBI’’) each filed 

Petitions to Participate, as did others. 

On September 13, 2024, the Copyright 

Royalty Judges (Judges) received a joint 

motion from SoundExchange and CBI to 

adopt a partial settlement of their 

interests regarding Web VI rates and 

terms for 2026–2030 and seeking 

approval of that partial settlement. Joint 

Motion to Adopt Partial Settlement, 

Docket No. 23–CRB–0012–WR (2026– 

2030). Their interests concern the rule 

setting copyright royalty minimum fees 

and terms that the Judges will establish 

for compulsory copyright licenses for 

certain internet transmissions of sound 

recordings by college radio stations and 

other noncommercial educational 

webcasters for the period from January 

1, 2026, through December 31, 2030. 

SoundExchange represents the interests 

of sound recording copyright owners 

and performers. CBI represents the 

interests of users of the copyrighted 

material which users include college, 

university, and high school radio and 

television stations and other electronic 

media organizations. The Judges hereby 

publish the proposal and request 

comments from the public. 

Statutory Timing of Adoption of Rates 

and Terms 

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

Act authorizes the Judges to adopt 

royalty rates and terms negotiated by 

‘‘some or all of the participants in a 

proceeding at any time during the 

proceeding’’ provided they are 

submitted to the Judges for approval. 

The Judges must provide ‘‘an 

opportunity to comment on the 

agreement’’ to participants and nonparticipants in the rate proceeding who 

‘‘would be bound by the terms, rates, or 

other determination set by any 

agreement. . . .’’ 17 U.S.C. 

801(b)(7)(A)(i). Participants in the 

proceeding may also ‘‘object to [the 

agreement’s] adoption as a basis for 

statutory terms and rates.’’ Id. 

The Judges ‘‘may decline to adopt the 

agreement as a basis for statutory terms 

and rates for participants that are not 

parties to the agreement,’’ only ‘‘if any 

participant [in the proceeding] objects to 

the agreement and the [Judges] 

conclude, based on the record before 

them if one exists, that the agreement 

does not provide a reasonable basis for 

setting statutory terms or rates.’’ 17 

U.S.C. 801(b)(7)(A)(ii), or where the 

negotiated agreement includes 

provisions that are contrary to the 

provisions of the applicable license(s) or 

otherwise contrary to statutory law. See 

Scope of the Copyright Royalty Judges 

Authority to Adopt Confidentiality 

Requirements upon Copyright Owners 

within a Voluntarily Negotiated License 

Agreement, 78 FR 47421, 47422 (Aug. 5, 


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