Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations 2739 

1A ‘‘public broadcasting entity’’ is defined as a 

‘‘noncommercial educational broadcast station as 

defined in section 397 of title 47 and any nonprofit 

institution or organization engaged in the activities 

described in paragraph (2) of subsection (c)’’ of 

section 118. 17 U.S.C. 118(f). 

2Copyright owners may negotiate rates and terms 

with specific public broadcasting entities for the 

use of all of the copyright owners’ works covered 

by the Section 118 license. Section 118(b)(2) 

provides that such license agreements ‘‘shall be 

given effect in lieu of any determination by the 

* * * Copyright Royalty Judges,’’ provided that 

copies of the agreement are submitted to the Judges 

‘‘within 30 days of execution.’’ 17 U.S.C. 118(b)(2). 

The Judges received three such agreements (from 

BMI, ASCAP, and SESAC). 

3The Judges received settlement proposals from 

the following active participants: The American 

Society of Authors, Composers and Publishers 

(‘‘ASCAP’’); SESAC, Inc.; Broadcast Music, Inc. 

(‘‘BMI’’); Educational Media Foundation (‘‘EMF’’); 

National Public Radio (‘‘NPR’’) and the Public 

Broadcasting Service (‘‘PBS’’), jointly; National 

Religious Broadcasters Noncommercial Music 

License Committee (‘‘NRBNMLC’’); the National 

Music Publishers’ Association (‘‘NMPA’’), The 

Harry Fox Agency (‘‘HFA’’), National Association of 

College and University Business Officers 

(‘‘NACUBO’’). The remaining active participant, 

Church Music Publishers Association (‘‘CMPA’’), 

approved the four joint proposals involving 

ASCAP/BMI/SESAC/HFA and NMPA and 

NRBNMLC/EMF. 

4The Judges correct one error in the proposed 

regulatory text published in the proposed rule. 

Continued 

Intracoastal Waterway (Halifax River), 

mile 816.0, at Ormond Beach, FL. 

The deviation is necessary to 

accommodate the replacement of 

trunnion bearings for the west bascule 

leaf. This deviation allows the bridge 

single-leaf operations, reducing the 

horizontal clearance to 45 feet. 

DATES: This deviation is effective 

without actual notice from January 19, 

2018 through 7 p.m. on February 20, 

2018. For the purposes of enforcement, 

actual notice will be used from 7 a.m. 

on January 16, 2018, until January 19, 

2018. 

ADDRESSES: The docket for this 

deviation, USCG–2018–0019, is 

available at http://www.regulations.gov. 

Type the docket number in the 

‘‘SEARCH’’ box and click ‘‘SEARCH’’. 

Click on Open Docket Folder on the line 

associated with this deviation. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

deviation, call or email MST3 Rory 

Boyle, Coast Guard Sector Jacksonville, 

Waterways Management Division, 

telephone 904–714–7648, email 

Rory.C.Boyle@uscg.mil. 

SUPPLEMENTARY INFORMATION: The owner 

of the bridge, Volusia County, Florida, 

requested a temporary deviation. The 

trunnion bearings on the west bascule 

leaf are damaged. Replacement requires 

jacking the bascule leaf to remove and 

install new bearings. 

The Highbridge Road (Knox) Bridge 

across the Atlantic Intracoastal 

Waterway (Halifax River), mile 816.0, at 

Ormond Beach, Florida is a double-leaf 

bascule bridge with a vertical clearance 

of 11 feet at mean high water in the 

closed position and a horizontal 

clearance of 91 feet between fenders. 

The existing bridge operating schedule 

is published in 33 CFR 117.5. 

This temporary deviation allows the 

bridge single-leaf operations from 7 a.m. 

on January 16, 2018 through 7 p.m. on 

February 20, 2018. This temporary 

deviation will reduce the horizontal 

clearance to 45 feet through the east 

bascule span. The waterway is used by 

a variety of vessels including U.S. 

government vessels, small commercial 

vessels, recreational vessels and tugs 

and barge traffic. Due to the mechanical 

issues, the bridge has operated on 

single-leaf operations with a double-leaf 

opening upon request. Vessels able to 

pass through the bridge in the closed 

position may do so at any time. The 

bridge will not be able to provide a 

double-leaf opening for emergencies and 

there is no immediate alternate route for 

vessels to pass. 

The Coast Guard will also inform the 

users of the waterways through our 

Local and Broadcast Notices to Mariners 

of the change in operating schedule for 

the bridge so that vessel operators can 

arrange their transits to minimize any 

impact caused by the temporary 

deviation. 

In accordance with 33 CFR 117.35(e), 

the drawbridge must return to its regular 

operating schedule immediately at the 

end of the effective period of this 

temporary deviation. This deviation 

from the operating regulations is 

authorized under 33 CFR 117.35. 

Dated: January 16, 2018. 

Barry L. Dragon, 

Director, Bridge Branch, Seventh Coast Guard 

District. 

[FR Doc. 2018–00937 Filed 1–18–18; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 16–CRB–0002–PBR (2018– 

2022)] 

Determination of Rates and Terms for 

Public Broadcasting (PB III) 

AGENCY: Copyright Royalty Board (CRB), 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

publish this final rule regarding rates 

and terms for use of certain works in 

connection with noncommercial 

broadcasting for the period commencing 

January 1, 2018, and ending on 

December 31, 2022. 

DATES:

Effective date: This rule is effective on 

January 19, 2018. 

Applicability dates: This rule applies 

to the license period January 1, 2018, 

through December 31, 2022. 

ADDRESSES: Docket: For access to the 

docket to read background documents 

or comments received, go to eCRB, the 

Copyright Royalty Board’s electronic 

filing and case management system, at 

https://app.crb.gov/ and search for 

docket number 16–CRB–0002–PBR 

(2018–2022). For documents not yet 

uploaded to eCRB (because it is a new 

system), go to the agency website at 

https://www.crb.gov/ or contact the CRB 

Program Specialist. 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, 

by telephone at (202) 707–7658 or email 

at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 118 of the Copyright Act, title 

17 of the United States Code, establishes 

a statutory license for the use of certain 

copyrighted works in connection with 

noncommercial television and radio 

broadcasting. Chapter 8 of the Copyright 

Act requires the Copyright Royalty 

Judges (‘‘Judges’’) to conduct 

proceedings every five years to 

determine the rates and terms for the 

section 118 license. 17 U.S.C. 801(b)(1), 

804(b)(6). In accordance with section 

804(b)(6), on January 5, 2016, the Judges 

commenced the proceeding to set rates 

and terms for the period 2018 through 

2022. 77 FR 71104. 

Copyright owners and public 

broadcasting entities 1 may negotiate 

rates and terms under the section 118 

license for categories of copyrighted 

works and uses that would be binding 

on all owners and entities using the 

same license 2 and submit them to the 

Judges for approval. 17 U.S.C. 

801(b)(7)(A). The participants 3 in the 

proceeding settled and submitted to the 

Judges proposed rates for the relevant 

categories and uses, which the Judges 

published in the Federal Register for 

comment on November 3, 2017. 82 FR 

51589. 

The Judges received two comments, a 

joint comment from participants 

ASCAP, BMI, NPR, PBS, and SESAC, 

and a comment from non-participant 

Global Music Rights, LLC (‘‘GMR’’).4


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2740 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations 

They remove the preface after the heading of 381.4 

because that language (with proposed revisions) is 

now in subparagraph (a). 5 In the SUPPLEMENTARY INFORMATION provided in 

the Proposed Rule relating to this license, the 

Judges noted that ‘‘NPR and PBS filed proposed 

changes . . . in § 381.4 . . . [which] conform to 

analogous changes in §§ 381.5 and 381.6.’’ 82 FR at 

51591 (Nov. 7, 2017). See Submission of NPR and 

PBS (Oct. 25, 2017). The conforming changes were 

those establishing the $1.00 backstop rate. None of 

the participants sought the limitation language they 

now urge. 

6The Register of Copyrights has opined that the 

statutory direction does not imply or require that 

the Judges must adopt proposed regulations that are 

inherently contrary to law. See 78 FR 47421. 

7 In the Cable Sports Rule proceeding, docket 

number 15–CRB–0010–CA–S (Sports Rule 

Proceeding), the Judges gave the comments of nonparticipant Major League Soccer (‘‘MLS’’) more 

consideration by soliciting reply comments because 

the settlement in that proceeding excluded MLS 

from any royalty consideration. 82 FR 44368. In this 

proceeding, the settling parties proposed a rate for 

non-settling entities that would cover nonparticipant GMR. 

The joint comment from participants 

proposed a revision to § 381.4(b) to 

conform it to §§ 381.5 and 381.6 by 

making explicit that the rates only apply 

to compositions not in the repertories of 

ASCAP, BMI, and SESAC.5 This change 

would ensure that, were a voluntary 

agreement to terminate within the 

license period, the statutory rate would 

not apply to compositions in the 

repertories of ASCAP, BMI, and SESAC. 

The Judges find the proposed revision is 

too late and they reject it for several 

reasons, including: 

1. The proposed language was not sought 

by any party before the proposed regulations 

were published for public comment. 

2. The proposed language is not in the 

current regulations. 

3. The proposed regulation includes a rate 

for licenses that are not subject to a 

voluntary, negotiated agreement. 

4. Extension, renewal, or renegotiation of 

any negotiated agreement to avoid the 

statutory rate is within the control of ASCAP, 

BMI, and SESAC. 

Notwithstanding the agreement of all 

parties who allegedly might be affected 

by this late-proposed change, making 

this change would alter the proposed 

regulation without affording interested 

parties an opportunity for review and 

comment or objection. 

The comment from GMR raised two 

concerns. GMR objects to a decrease in 

the § 381.4 rate for non-participants and 

requests the Judges keep the current 

rates and add a one-time cost of living 

adjustment. It also objects to leaving the 

§§ 381.5 and 381.6 rates for nonparticipants at the current level and 

requests the Judges revise it to match 

the increase in the SESAC rate. 

GMR did not file a Petition to 

Participate in the proceeding. It is 

allowed to comment, but the Judges 

need not accept its comments as an 

‘‘objection’’ to be weighed. The Judges 

respectfully acknowledge GMR’s 

concerns, but those concerns cannot be 

a basis for the Judges to find that there 

is a reasonable objection to adoption of 

the rules. The Judges’ ability to reject an 

agreement on the reasonableness of the 

rates and terms proposed therein is 

constrained by statute. Specifically, 

section 801(b)(7)(A)(ii) directs the 

Judges to adopt proposed agreed rates 

and terms unless a participant to the 

proceeding objects.6 The entity 

objecting to the proposed rates and 

terms at issue, GMR, did not file a 

timely petition to participate in this 

proceeding, and it does not qualify as a 

participant to the proceeding.7

Therefore, having received no objections 

to the reasonableness of the proposed 

rates and terms from a participant in 

this proceeding, the Copyright Royalty 

Judges adopt with one minor revision 

the final regulations as published on 

November 3, 2017, which set the rates 

and terms for the section 118 statutory 

license for the period 2018 through 

2022. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

Final Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

amend part 381 to chapter III of title 37 

of the Code of Federal Regulations as set 

forth below: 

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. 

§ 381.1 [Amended] 

■ 2. In § 381.1, remove ‘‘2013’’ and in its 

place add ‘‘2018’’ and remove ‘‘2017’’ 

and in its place add ‘‘2022’’. 

■ 3. Amend § 381.4 as follows: 

■ a. Remove the introductory text; 

■ b. Add introductory text to paragraph 

(a); 

■ c. In paragraph (c), remove ‘‘2013’’ 

and in its place add ‘‘2018’’ and remove 

‘‘2017’’ and in its place add ‘‘2022’’; and 

■ d. Remove paragraph (d). 

The revision reads 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. The 

following rates and terms shall apply to 

the performance by PBS, NPR and other 

public broadcasting entities engaged in 

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

copyrighted published nondramatic 

musical compositions, except for public 

broadcasting entities covered by 

§§ 381.5 and 381.6, and except for 

compositions which are the subject of 

voluntary license agreements: The 

royalty shall be $1. 

* * * * * 

■ 4. Amend § 381.5 by revising 

paragraph (c) to read as follows: 

§ 381.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * * * 

(c) Royalty rate. A public broadcasting 

entity within the scope of this section 

may perform published nondramatic 

musical compositions subject to the 

following schedule of royalty rates: 

(1) For all such compositions in the 

repertory of ASCAP, the royalty rates 

shall be as follows: 

(i) Music fees. 

Number of full-time students 2018 2019 2020 2021 2022 

Level 1 ................. <1,000 ................................................ $352 $359 $366 $373 $380 

Level 2 ................. 1,000–4,999 ....................................... 407 415 423 431 440 

Level 3 ................. 5,000–9,999 ....................................... 557 568 579 591 603 

Level 4 ................. 10,000–19,999 ................................... 722 736 751 766 781 

Level 5 ................. 20,000+ .............................................. 908 926 945 964 983 


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Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations 2741 

(ii) Level 1 rates as set forth in 

paragraph (c)(1)(i) of this section, shall 

also apply to College Radio Stations 

with an authorized effective radiated 

power (ERP), as that term is defined in 

47 CFR 73.310(a), of 100 Watts or less, 

as specified on its current FCC license, 

regardless of the size of the student 

population. 

(2) For all such compositions in the 

repertory of BMI, the royalty rates shall 

be as follows: 

(i) Music fees. 

Number of full-time students 2018 2019 2020 2021 2022 

Level 1 ................. <1,000 ................................................ $352 $359 $366 $373 $380 

Level 2 ................. 1,000–4,999 ....................................... 407 415 423 431 440 

Level 3 ................. 5,000–9,999 ....................................... 557 568 579 591 603 

Level 4 ................. 10,000–19,999 ................................... 722 736 751 766 781 

Level 5 ................. 20,000+ .............................................. 908 926 945 964 983 

(ii) Level 1 rates, as set forth in 

paragraph (c)(2)(i) of this section, shall 

also apply to College Radio Stations 

with an authorized effective radiated 

power (ERP), as that term is defined in 

47 CFR 73.310(a), of 100 Watts or less, 

as specified on its current FCC license, 

regardless of the size of the student 

population. 

(3) For all such compositions in the 

repertory of SESAC, the royalty rates 

shall be as follows: 

(i) 2018: The 2017 rate, subject to an 

annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section. 

(ii) 2019: The 2018 rate, subject to an 

annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section. 

(iii) 2020: The 2019 rate, subject to an 

annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section. 

(iv) 2021: The 2020 rate, subject to an 

annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section. 

(v) 2022: The 2021 rate, subject to an 

annual cost of living adjustment in 

accordance with paragraph (c)(3)(vi) of 

this section. 

(vi) Such cost of living adjustment to 

be made in accordance with the greater 

of: 

(A) The change, if any, in the 

Consumer Price Index (all consumers, 

all items) published by the U.S. 

Department of Labor, Bureau of Labor 

Statistics during the twelve (12) month 

period from the most recent Index, 

published before December 1 of the year 

immediately prior to the applicable 

year; or 

(B) One and one-half percent (1.5%). 

(4) For the performance of any other 

such compositions: $1. 

* * * * * 

■ 5. Amend § 381.6 as follows: 

■ a. Remove from the first sentence of 

paragraph (a) the words ‘‘which are’’; 

and 

■ b. Revise paragraph (d). 

The revision reads as follows: 

§ 381.6 Performance of musical 

compositions by other public broadcasting 

entities. 

* * * * * 

(d) Royalty rate. A public 

broadcasting entity within the scope of 

this section may perform published 

nondramatic musical compositions 

subject to the following schedule of 

royalty rates: 

(1) For all such compositions in the 

repertory of ASCAP, the royalty rates 

shall be as follows: 

(i) Music Fees (Stations with 20% or 

more programming containing Feature 

Music): 

Population count 

Calendar years 

2018 2019 2020 2021 2022 

Level 1 ................. 0–249,999 .......................................... $697 $711 $725 $739 $754 

Level 2 ................. 250,000–499,999 ............................... 1,243 1,268 1,294 1,319 1,346 

Level 3 ................. 500,000–999,999 ............................... 1,864 1,901 1,939 1,978 2,017 

Level 4 ................. 1,000,000–1,499,999 ......................... 2,486 2,535 2,586 2,638 2,691 

Level 5 ................. 1,500,000–1,999,999 ......................... 3,107 3,169 3,232 3,297 3,363 

Level 6 ................. 2,000,000–2,499,999 ......................... 3,728 3,803 3,879 3,956 4,035 

Level 7 ................. 2,500,000–2,999,999 ......................... 4,349 4,436 4,525 4,615 4,708 

Level 8 ................. 3,000,000 and above ......................... 6,214 6,338 6,465 6,594 6,726 

(ii) Talk Format Station Fees (Stations 

with <20% Feature Music 

programming): 

Population count 

Calendar years 

2018 2019 2020 2021 2022 

Level 1 ................. 0–249,999 .......................................... $697 $711 $725 $739 $754 

Level 2 ................. 250,000–499,999 ............................... 697 711 725 739 754 

Level 3 ................. 500,000–999,999 ............................... 697 711 725 739 754 

Level 4 ................. 1,000,000–1,499,999 ......................... 870 887 905 923 942 

Level 5 ................. 1,500,000–1,999,999 ......................... 1,087 1,109 1,131 1,154 1,177 

Level 6 ................. 2,000,000–2,499,999 ......................... 1,305 1,331 1,357 1,384 1,412 

Level 7 ................. 2,500,000–2,999,999 ......................... 1,522 1,552 1,583 1,615 1,647 

Level 8 ................. 3,000,000 and above ......................... 2,175 2,218 2,262 2,308 2,354 


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2742 Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations 

(2) For all such compositions in the 

repertory of BMI, the royalty rates shall 

be as follows: 

(i) Music Fees (Stations with 20% or 

more programming containing Feature 

Music): 

Population count 

Calendar years 

2018 2019 2020 2021 2022 

Level 1 ................. 0–249,999 .......................................... $697 $711 $725 $739 $754 

Level 2 ................. 250,000–499,999 ............................... 1,243 1,268 1,294 1,319 1,346 

Level 3 ................. 500,000–999,999 ............................... 1,864 1,901 1,939 1,978 2,017 

Level 4 ................. 1,000,000–1,499,999 ......................... 2,486 2,535 2,586 2,638 2,691 

Level 5 ................. 1,500,000–1,999,999 ......................... 3,107 3,169 3,232 3,297 3,363 

Level 6 ................. 2,000,000–2,499,999 ......................... 3,728 3,803 3,879 3,956 4,035 

Level 7 ................. 2,500,000–2,999,999 ......................... 4,349 4,436 4,525 4,615 4,708 

Level 8 ................. 3,000,000 and above ......................... 6,214 6,338 6,465 6,594 6,726 

(ii) Talk Format Station Fees (Stations 

with <20% Feature Music 

programming): 

Population count 

Calendar years 

2018 2019 2020 2021 2022 

Level 1 ................. 0–249,999 .......................................... $697 $711 $725 $739 $754 

Level 2 ................. 250,000–499,999 ............................... 697 711 725 739 754 

Level 3 ................. 500,000–999,999 ............................... 697 711 725 739 754 

Level 4 ................. 1,000,000–1,499,999 ......................... 870 887 905 923 942 

Level 5 ................. 1,500,000–1,999,999 ......................... 1,087 1,109 1,131 1,154 1,177 

Level 6 ................. 2,000,000–2,499,999 ......................... 1,305 1,331 1,357 1,384 1,412 

Level 7 ................. 2,500,000–2,999,999 ......................... 1,522 1,552 1,583 1,615 1,647 

Level 8 ................. 3,000,000 and above ......................... 2,175 2,218 2,262 2,308 2,354 

(3) For all such compositions in the 

repertory of SESAC, the royalty rates 

shall be as follows: 

(i) Music fees for stations with > = 

20% Feature Music programming: 

Population count 2018 2019 2020 2021 2022 

Level 1 ................. 0–249,999 .......................................... $152 $155 $158 $161 $164 

Level 2 ................. 250,000–499,999 ............................... 253 258 263 268 274 

Level 3 ................. 500,000–999,999 ............................... 380 388 396 403 411 

Level 4 ................. 1,000,000–1,499,999 ......................... 507 517 527 538 548 

Level 5 ................. 1,500,000–1,999,999 ......................... 634 647 660 673 686 

Level 6 ................. 2,000,000–2,499,999 ......................... 760 775 790 806 822 

Level 7 ................. 2,500,000–2,999,999 ......................... 887 905 923 941 960 

Level 8 ................. 3,000,000 and above ......................... 1,268 1,293 1,318 1,344 1,371 

(ii) Talk fees for stations with <20% 

Feature Music programming: 

Population count 2018 2019 2020 2021 2022 

Level 1 ................. 0–249,999 .......................................... $152 $155 $158 $161 $164 

Level 2 ................. 250,000–499,999 ............................... 152 155 158 161 164 

Level 3 ................. 500,000–999,999 ............................... 152 155 158 161 164 

Level 4 ................. 1,000,000–1,499,999 ......................... 177 181 185 188 192 

Level 5 ................. 1,500,000–1,999,999 ......................... 222 227 231 236 240 

Level 6 ................. 2,000,000–2,499,999 ......................... 266 271 277 282 288 

Level 7 ................. 2,500,000–2,999,999 ......................... 311 317 323 330 336 

Level 8 ................. 3,000,000 and above ......................... 444 452 461 470 480 

(4) For the performance of any other 

such compositions, in 2018 through 

2022, $1. 

* * * * * 

■ 6. Amend § 381.7 as follows: 

■ a. Revise paragraphs (b)(1)(i)(A) 

through (D) and (b)(1)(ii)(A) through (D); 

■ b. Revise paragraph (b)(2)(i) through 

(iv); and 

■ c. Revise paragraph (b)(4)(i) through 

(iii). 

The revisions read as follows: 


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Federal Register / Vol. 83, No. 13 / Friday, January 19, 2018 / Rules and Regulations 2743 

§ 381.7 Recording rights, rates and terms. 

* * * * * 

(b) * * * 

(1)(i) * * * 

2018–2022 

(A) Feature ............................... $118.70 

(B) Concert feature (per 

minute) .................................. 35.65 

(C) Background ........................ 59.99 

(D) Theme: 

(1) Single program or first series program ...................... 59.99 

(2) Other series program ...... 24.36 

(ii) * * * 

2018–2022 

(A) Feature ............................... $9.81 

(B) Concert feature (per 

minute) .................................. 2.58 

(C) Background ........................ 4.26 

(D) Theme: 

(1) Single program or first series program ...................... 4.26 

(2) Other series program ...... 1.69 

* * * * * 

(2) * * * 

2018–2022 

(i) Feature ................................. $12.85 

(ii) Concert feature (per minute) 18.86 

(iii) Background ......................... 6.44 

(iv) Theme: 

(A) Single program or first 

series program .................. 6.44 

(B) Other series program ...... 2.57 

* * * * * 

(4) * * * 

2018–2022 

(i) Feature ................................. $.81 

(ii) Feature (concert) (per half 

hour) ...................................... 1.69 

(iii) Background ......................... .41 

* * * * * 

■ 7. Amend § 381.10 as follows: 

■ a. In paragraph (a), remove ‘‘2013’’ 

everywhere it appears and in its place 

add ‘‘2018’’ and remove ‘‘2012’’ and in 

its place add ‘‘2017’’; and 

■ b. Revise paragraph (b). 

The revision reads as follows: 

§ 381.10 Cost of living adjustment. 

* * * * * 

(b) On the same date of the notices 

published pursuant to paragraph (a) of 

this section, the Copyright Royalty 

Judges shall publish in the Federal 

Register a revised schedule of the rates 

for § 381.5(c)(3), the rate to be charged 

for compositions in the repertory of 

SESAC, which shall adjust the royalty 

amounts established in a dollar amount 

according to the greater of: 

(1) The change in the cost of living 

determined as provided in paragraph (a) 

of this section; or 

(2) One-and-a-half percent (1.5%). 

(3) Such royalty rates shall be fixed at 

the nearest dollar. 

* * * * * 

Dated: December 12, 2017. 

Suzanne M. Barnett, 

Chief U.S. Copyright Royalty Judge. 

Jesse M. Feder, 

U.S. Copyright Royalty Judge. 

David R. Strickler, 

U.S. Copyright Royalty Judge. 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2018–00735 Filed 1–18–18; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

45 CFR Part 1302 

RIN 0970–AC63 

Secretarial Determination To Lower 

Head Start Center-Based Service 

Duration Requirement 

AGENCY: Office of Head Start (OHS), 

Administration for Children and 

Families (ACF), Department of Health 

and Human Services (HHS). 

ACTION: Secretarial determination on 

Head Start center-based service duration 

requirements; waiver. 

SUMMARY: With this document, the 

Secretary exercises his authority to 

waive the August 1, 2019 Head Start 

center-based service duration 

requirements, effectively lowering this 

requirement from 50 percent to 0 

percent. However, the requirement that 

Early Head Start programs provide 1,380 

annual hours of planned class 

operations for all center-based 

enrollment by August 1, 2018 remains 

in effect. 

DATES: This waiver is effective January 

19, 2018. 

ADDRESSES: Office of Head Start, Mary 

Switzer Bldg., 330 C Street SW, 

Washington, DC. 

FOR FURTHER INFORMATION CONTACT: 

Colleen Rathgeb, Division Director for 

Planning, Oversight and Policy, Office 

Head Start, OHS_duration@acf.hhs.gov, 

(202) 358–3263 (not a toll-free call). 

Deaf and hearing impaired individuals 

may call the Federal Dual Party Relay 

Service at 1–800–877–8339 between 8 

a.m. and 7 p.m. Eastern Standard Time. 

SUPPLEMENTARY INFORMATION: 

Background Information 

In the Improving Head Start for 

School Readiness Act of 2007, Congress 

instructed the Office of Head Start to 

update its Head Start Program 

Performance Standards (HSPPS) by 

regulation and ensure that any such 

revisions in the standards do not result 

in the elimination of or any reduction in 

the quality, scope, or types of health, 

educational, parental involvement, 

nutritional, social, or other social 

services. We published a final rule to 

complete this revision at 45 CFR chapter 

XIII, subchapter B, on September 6, 

2016. This final rule included a 

provision at § 1302.21(c)(2)(iii) that 

would require each Head Start centerbased program, by August 1, 2019, to 

provide 1,020 annual hours of planned 

class operations over the course of at 

least eight months per year for at least 

50 percent of its Head Start center-based 

funded enrollment. This requirement 

represents an increase from the existing 

minimum requirement of 3.5 hours per 

day, 4 days per week, for 128 days per 

year, which is equivalent to 448 annual 

hours. The longer 1,020 annual hour 

service duration requirement was based 

on a body of research that suggests 

individual disadvantaged children 

benefit from longer exposure to 

enriching early learning programs than 

what is provided by the part-day, partyear programs. Research on full-day 

programs, instructional time, summer 

learning loss, and attendance all 

indicate longer service duration is 

linked with improved child outcomes. 

Moreover, increased service duration 

allows teachers more time to provide 

individualized and content-rich 

learning that is important for positive 

child outcomes. However, the research 

does not provide clarity on an exact 

threshold or combination of hours and 

days needed to achieve positive child 

outcomes. 

We also recognize extended services 

come at a significant cost for Head Start 

programs. Without additional funding 

from Congress to support longer hours 

of program operations, a requirement to 

increase service duration so that 50 

percent of Head Start center-based slots 

in each program operate for 1,020 

annual hours would result in the Head 

Start program serving significantly 

fewer children. Although research 

points to the benefits of increased 

service duration for an individual child, 

research has not answered whether the 

population as a whole benefits more 

when fewer children are served for a 

longer time as compared to more 

children being served for a shorter time. 


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