Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations 1881 

Docket No. Type of regulation Location Enforcement 

date 

USCG–2021–0881 ........................... Safety Zones (Parts 147 and 165) .. Chicago, IL ............................................................. 11/20/2021 

USCG–2021–0856 ........................... Safety Zones (Parts 147 and 165) .. Pittsburgh, PA ........................................................ 11/20/2021 

USCG–2021–0884 ........................... Safety Zones (Parts 147 and 165) .. Moline, IL ................................................................ 11/22/2021 

USCG–2021–0860 ........................... Security Zones (Part 165) ............... Nantucket, MA ........................................................ 11/22/2021 

USCG–2021–0853 ........................... Safety Zones (Parts 147 and 165) .. Parkville, MO .......................................................... 12/3/2021 

USCG–2021–0806 ........................... Safety Zones (Parts 147 and 165) .. Rockport, TX .......................................................... 12/4/2021 

USCG–2021–0903 ........................... Safety Zones (Parts 147 and 165) .. San Bernard National Wildlife Refuge, TX ............ 12/6/2021 

USCG–2021–0864 ........................... Safety Zones (Parts 147 and 165) .. Sausalito, CA ......................................................... 12/11/2021 

USCG–2021–0921 ........................... Safety Zones (Parts 147 and 165) .. Corpus Christi, TX .................................................. 12/22/2021 

USCG–2021–0895 ........................... Safety Zones (Parts 147 and 165) .. Galveston Bay, TX ................................................. 12/31/2021 

USCG–2021–0890 ........................... Safety Zones (Parts 147 and 165) .. Philadelphia, PA ..................................................... 12/31/2021 

Michael Cunningham, 

Chief, Office of Regulations and 

Administrative Law. 

[FR Doc. 2025–00185 Filed 1–8–25; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF TRANSPORTATION 

Great Lakes St. Lawrence Seaway 

Development Corporation 

33 CFR Part 401 

RIN 2135–AA5 

Seaway Regulations and Rules: 

Periodic Update, Various Categories 

AGENCY: Great Lakes St. Lawrence 

Seaway Development Corporation, 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: The Great Lakes St. Lawrence 

Seaway Development Corporation (GLS) 

and the St. Lawrence Seaway 

Management Corporation (SLSMC) of 

Canada, under international agreement, 

jointly publish and presently administer 

the St. Lawrence Seaway Regulations 

and Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

GLS is amending the joint regulations 

by updating the regulations and rules in 

various categories. These changes are to 

clarify existing requirements in the 

regulations. 

DATES: This rule is effective on January 

10, 2025. 

ADDRESSES: Docket: For access to the 

docket to read background documents 

or comments received, go to https://

www.regulations.gov; or in person at the 

Docket Management Facility; U.S. 

Department of Transportation, 1200 

New Jersey Avenue SE, West Building 

Ground Floor, Room W12–140, 

Washington, DC 20590–001, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Mann Lavigne, Chief Counsel, 

Great Lakes St. Lawrence Seaway 

Development Corporation, 180 Andrews 

Street, Massena, New York 13662; (315) 

764–3200. 

SUPPLEMENTARY INFORMATION: The GLS 

and SLSMC of Canada, under 

international agreement, jointly publish 

and presently administer the St. 

Lawrence Seaway Regulations and 

Rules (Practices and Procedures in 

Canada) in their respective jurisdictions. 

Under agreement with the SLSMC, the 

GLS is amending the joint regulations 

by updating the Regulations and Rules 

in various categories. The changes 

update the following sections of the 

Regulations and Rules: Condition of 

Vessels, Seaway Navigation, Radio 

Communications, Dangerous Cargo, 

Information and Reports, and General. 

These changes are to clarify existing 

requirements in the regulations. 

Regulatory Notices: Privacy Act: 

Anyone is able to search the electronic 

form of all comments received into any 

of our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000 (65 FR 19477–78) or you may visit 

https://www.regulations.gov. 

The joint regulations will become 

effective in Canada in 2025 prior to the 

opening of the Seaway. For consistency, 

because these are joint regulations 

under international agreement, and to 

avoid confusion among users of the 

Seaway, the GLS finds that there is good 

cause to make the U.S. version of the 

amendments effective upon the date of 

publication to ensure an effective date 

prior to the Seaway opening. 

Regulatory Evaluation 

This regulation involves a foreign 

affairs function of the United States and 

therefore, Executive Order 12866 does 

not apply and evaluation under the 

Department of Transportation’s 

Regulatory Policies and Procedures is 

not required. 

Regulatory Flexibility Act 

Determination 

The GLS certifies that this regulation 

will not have a significant economic 

impact on a substantial number of small 

entities. The St. Lawrence Seaway 

Regulations and Rules primarily relate 

to commercial users of the Seaway, the 

vast majority of whom are foreign vessel 

operators. Therefore, any resulting costs 

will be borne mostly by foreign vessels. 

Environmental Impact 

This regulation does not require an 

environmental impact statement under 

the National Environmental Policy Act 

(49 U.S.C. 4321, et seq.) because it is not 

a major Federal action significantly 

affecting the quality of the human 

environment. 

Federalism 

The Corporation has analyzed this 

rule under the principles and criteria in 

Executive Order 13132, dated August 4, 

1999, and has determined that this rule 

does not have sufficient federalism 

implications to warrant a Federalism 

Assessment. 

Unfunded Mandates 

The Corporation has analyzed this 

rule under title II of the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4, 109 Stat. 48) and determined that 

it does not impose unfunded mandates 

on State, local, and Tribal governments 

and the private sector requiring a 

written statement of economic and 

regulatory alternatives. 

Paperwork Reduction Act 

This regulation has been analyzed 

under the Paperwork Reduction Act of 

1995 and does not contain new or 

modified information collection 

requirements subject to the Office of 

Management and Budget review. 


khammond on DSK9W7S144PROD with RULES
1882 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations 

List of Subjects in 33 CFR Part 401 

Hazardous materials transportation, 

Navigation (water), Penalties, Radio, 

Reporting and recordkeeping 

requirements, Vessels, Waterways. 

Accordingly, the Great Lakes St. 

Lawrence Seaway Development 

Corporation is amending 33 CFR part 

401 as follows: 

PART 401—SEAWAY REGULATIONS 

AND RULES 

Subpart A—Regulations 

■ 1. The authority citation for part 401, 

subpart A continues to read as follows: 

Authority: 33 U.S.C. 983(a) and 984(a)(4), 

as amended; 49 CFR 1.101, unless otherwise 

noted. 

■ 2. Revise § 401.8 to read as follows: 

§ 401.8 Landing booms. 

(a) Vessels of more than 50 m in 

overall length and a freeboard of 2m or 

more may be equipped with landing 

booms. 

(b) For vessels with landing booms: 

(1) Vessel must be equipped with an 

adequate landing boom on each side; 

(2) Landing booms must be in 

compliance with applicable regulations; 

(3) Vessel’s crews shall be adequately 

trained in the use of landing booms for 

the purpose of landing crew ashore; and 

(4) Vessel must have onboard for 

inspection the following documents: 

(i) A copy of the test certificates for 

each of the landing booms from either 

a classification society or a third party, 

dated within 5 years; 

(ii) Documents to demonstrate 

appropriate training; and 

(iii) Documented tests and 

maintenance records of landing boom 

equipment. 

(c) At the U.S. Locks, vessels not 

equipped with or not using landing 

booms may be tied up at the approach 

walls based on Lock personnel 

availability. 

(d) At the Canadian Locks, vessels not 

equipped with or not using landing 

booms may be delayed and/or put to 

anchor until such time that the traffic 

pattern can accommodate their transit. 

■ 3. Amend § 401.9 by: 

■ a. Revising paragraph (c); and 

■ b. Removing the parenthetical 

authority citation at the end of the 

section. 

The revision reads as follows: 

§ 401.9 Radio telephone and navigation 

equipment. 

* * * * * 

(c) Gyro compass error greater than 2 

degrees must be serviced prior to 

transiting the Seaway, and if noted 

during a Seaway transit, must be 

reported to the nearest Seaway station 

and serviced at the first opportunity. 

■ 5. Amend § 401.10 by: 

■ a. Revising the table following 

paragraph (d); and 

■ b. Removing the parenthetical 

authority citation at the end of the 

section. 

The revision reads as follows: 

§ 401.10 Mooring lines. 

* * * * * 

(d) * * * 

TABLE 1 TO PARAGRAPH (d) 

Overall length of ships 

Length of 

mooring line 

(m) 

Breaking 

strength 

(MT) 

40 m or more but not more than 60 m .................................................................................................................... 110 10 

more than 60 m but not more than 90 m ................................................................................................................ 110 15 

more than 90 m but not more than 120 m .............................................................................................................. 110 20 

more than 120 m but not more than 180 m ............................................................................................................ 110 28 

more than 180 m but not more than 200 m ............................................................................................................ 110 31 

more than 200 m but not more than 225.5 m ......................................................................................................... 110 35 

Elongation of synthetic lines shall not exceed 20%. 

* * * * * 

■ 4. Amend § 401.12 by revising the 

table in paragraph (b) to read as follows: 

§ 401.12 Minimum requirements—mooring 

lines and fairleads. 

* * * * * 

(b) * * * 

TABLE 1 TO PARAGRAPH (b) 

Overall length of ships For mooring lines Nos. 1 and 2 For mooring lines Nos. 3 and 4 

100 m or more but not more than 180 m .......... Shall be at a location on the ship side where 

the beam is at least 90% of the full beam of 

the ship.

Shall be at a location on the ship side where 

the beam is at least 90% of the full beam of 

the ship. 

more than 180 m but not more than 225.5m ..... Between 20 m & 50 m from the stern ............. Between 20 m & 50 m from the stern.

■ 5. Amend § 401.13 by revising 

paragraph (b) to read as follows: 

§ 401.13 Hand lines. 

* * * * * 

(b) Be of uniform thickness and have 

a diameter of not less than 12mm and 

not more than 18 mm and a minimum 

length of 30m; and 

* * * * * 

■ 6. Amend § 401.14 by revising the 

section heading and paragraph (a) to 

read as follows: 

§ 401.14 Anchors, anchor marking buoys. 

(a) Every vessel shall have their 

anchors cleared and have the anchor 

marking buoys free to deploy (weak link 

to hold buoy line onboard) with the 

buoy lines firmly secured to each 

anchor, and ready to be released prior 

to entering the Seaway. 

* * * * * 

■ 7. Amend § 401.17 by: 

■ a. Revising paragraph (b); and 

■ b. Removing the parenthetical 

authority citation at the end of the 

section. 

The revision reads as follows: 

§ 401.17 Pitch indicators and alarms. 

* * * * * 


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Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations 1883 

(b) Visible and audible pitch alarms, 

with a time delay of not greater than 8 

seconds, in the wheelhouse and engine 

room to indicate wrong way pitch. 

■ 8. Amend § 401.19 by: 

■ a. Revising paragraph (d); and 

■ b. Removing the parenthetical 

authority citation at the end of the 

section. 

The revision reads as follows: 

§ 401.19 Disposal and discharge systems. 

* * * * * 

(d) Burning of shipboard garbage is 

prohibited between call in point 2 (CIP 

2) and Cape Vincent, and between CIP 

15 and 16. 

■ 9. Amend § 401.29 by revising 

paragraph (c) to read as follows: 

§ 401.29 Maximum draft. 

* * * * * 

(c) Any vessel will be permitted to 

load at an increased draught of not more 

than 7 cm above the maximum 

permissible draught in effect as 

prescribed under paragraph (b) of this 

section if it is equipped with a Draught 

Information System (DIS) and meets the 

following: 

(1) An operational Draught 

Information System (DIS) approved by a 

member of the International Association 

of Classification Societies (IACS) as 

compliant with the Implementation 

Specifications found at www.greatlakesseaway.com and having onboard: 

(i) An operational AIS with accuracy 

approved by the Seaway; and 

(ii) Up-to-date electronic charts; and 

(iii) Up-to-date charts containing high 

resolution bathymetric data; and 

(iv) Vessels must be equipped with a 

bow thruster and bow thruster must be 

operational. 

(2) The DIS Tool Display shall be 

located as close to the primary conning 

position and be visible and legible. 

(i) Verification document of the DIS 

must be kept on board the vessel at all 

times and made available for inspection; 

(ii) DIS license to use the software 

must be valid; 

(iii) Software version of DIS matches 

the version in the IACS verification 

letter, or higher; 

(iv) A company letter attesting to 

officer training on use of the DIS must 

be kept on board and made available for 

inspection; and 

(v) When transiting Seaway waters 

with the DIS, a trained officer on the use 

of the DIS must be on the bridge. 

(3) Any vessel not yet approved, but 

intending to use the DIS in the Seaway 

must notify the Manager or the 

Corporation at least 96 hours in advance 

so that arrangements can be made for 

appropriate testing for approval to use 

the DIS to transit the Seaway. 

(4) A vessel already approved to use 

the DIS to transit the Seaway must email 

a completed DIS Confirmation Checklist 

(found at www.greatlakes-seaway.com) 

to slsmcmarineservices@seaway.ca 96 

hours prior to its initial transit of the 

navigation season. 

(5) If for any reason the DIS, AIS, or 

bow thruster becomes inoperable, 

malfunctions, or is not used while the 

vessel is transiting at a draught greater 

than the maximum permissible draught 

prescribed under paragraph (b) of this 

section in effect at the time, the vessel 

must notify the Manager or the 

Corporation immediately. 

■ 10. Amend § 401.31 by: 

■ a. Revising paragraph (b); and 

■ b. Removing the parenthetical 

authority citation at the end of the 

section. 

The revision reads as follows: 

§ 401.31 Meeting and passing. 

* * * * * 

(b) No vessel shall meet another 

vessel within the area between the 

caution signs at bridges or within any 

area that is designated as a no meeting 

area by the Manager or the Corporation. 

* * * * * 

■ 11. Amend § 401.35 by revising 

paragraph (b) to read as follows: 

§ 401.35 Navigation underway. 

* * * * * 

(b) Operate the propulsion machinery 

so that it can respond immediately 

though its full operating range; 

(1) Vessels equipped with an Engine 

Power Limitation system (EPL) or Shaft 

Power Limitation system (ShaPoLi) 

shall override the EPL or ShaPoLi while 

transiting at the Seaway. 

(2) [Reserved] 

* * * * * 

■ 12. Revise § 401.39–1 to read as 

follows: 

§ 401.39–1 Raising fenders. 

Every vessel equipped with fenders 

that are not permanently attached shall 

raise its fenders when passing a lock 

gate or HFM equipment. 

■ 13. Amend § 401.42 by: 

■ a. Adding paragraphs (a)(1)(i) and (ii); 

■ b. Revising paragraph (a)(2); and 

■ c. Removing the parenthetical 

authority citation at the end of the 

section. 

The additions and revision read as 

follows: 

§ 401.42 Passing hand lines. 

(a) * * * 

(1) * * * 

(i) For the #4 mooring wire, the hand 

line shall be passed to the linehandlers 

at the lock as soon as the vessel’s aft 

fairleads pass the open gates. 

(ii) For the #2 mooring wire, the hand 

line shall be passed to the linehandlers 

at the lock as soon as the forward 

fairleads pass the last HFM unit. 

(2) Hand lines shall be passed to 

upbound vessels by the linehandlers as 

soon as the vessel passes the last HFM 

unit, and secured, by means of a clove 

hitch, to the mooring lines 60 cm 

behind the splice of the eye; 

* * * * * 

■ 14. Amend § 401.44 by: 

■ a. Redesignating paragraph (c) as 

paragraph (d); 

■ b. Adding a new paragraph (c); and 

■ c. Removing newly redesignated 

paragraph (d)(4). 

The addition reads as follows: 

§ 401.44 Mooring in locks. 

* * * * * 

(c) Vessels being moored by the 

Hands-Free Mooring system (HFM) or 

passing through a lock without the use 

of mooring lines shall have a minimum 

of one (1) well rested crew member on 

deck during the lockage to assist the 

bridge team. 

* * * * * 

■ 15. Revise § 401.58 to read as follows: 

§ 401.58 Pleasure craft scheduling. 

(a) At the U.S. locks, the transit of 

pleasure craft shall be scheduled by the 

traffic controller or the officer in charge 

of a lock and may be delayed in order 

to avoid interference with other vessels; 

and 

(b) Every pleasure craft seeking to 

transit Canadian locks shall first make a 

reservation on the Seaway website 

according to the available schedule. 

■ 16. Amend § 401.65 by: 

■ a. Revising paragraphs (b) and (c); and 

■ b. Removing the parenthetical 

authority citation at the end of the 

section. 

The revisions read as follows: 

§ 401.65 Communication—ports, docks 

and anchorages. 

* * * * * 

(b) Every vessel arriving at a port, 

dock, or anchorage shall report to the 

appropriate Seaway station, giving an 

estimated time of departure if possible. 

(c) At least four hours prior to 

departure from a port, dock, or 

anchorage, every vessel shall report to 

the appropriate Seaway station its 

destination and its expected time of 

arrival at the next check point. 

* * * * * 

■ 17. Amend § 401.67 by revising the 

section heading to read as follows: 


khammond on DSK9W7S144PROD with RULES
1884 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations 

1Motion of SoundExchange, Inc. to Reopen 

Business Establishment Service Rate Proceedings 

for the Limited Purpose of Interpreting Regulations 

on Referral from the U.S. District Court for the 

District of Columbia (February 9, 2022) (eCRB no. 

26146) (Motion). 

2 Docket Nos. 2007–1 CRB DTRA–BE (2009–2013) 

(‘‘BES I’’), 2012–1 CRB Business Establishments II 

(2014–2018) (‘‘BES II’’), and 17–CRB–0001–BER 

(2019–2023) (‘‘BES III’’). 

§ 401.67 Carrying explosives. 

* * * * * 

■ 18. Amend § 401.73 by revising 

paragraph (b) to read as follows: 

§ 401.73 Cleaning tanks—hazardous cargo 

vessels. 

* * * * * 

(b) Hot work permission. Before any 

hot work, defined as any work that uses 

flame or that can produce a source of 

ignition, cutting or welding, is carried 

out by any vessel on any designated St. 

Lawrence Seaway Management 

Corporation (SLSMC) approach walls, 

Cote St. Catherine wharf or wharves in 

the Welland Canal, a written request 

must be sent to the SLSMC, preferably 

24 hours prior to the vessel’s arrival on 

the SLSMC approach walls or wharves. 

The hot work shall not commence until 

approval is obtained from an SLSMC 

Traffic Control Center. 

(1) Permission is granted under the 

following conditions: 

(i) Copy of vessel’s ‘‘Hot Work 

Permit’’ is provided to the SLSMC 

before welding commences; 

(A) In the Welland Canal, send to: 

nerie@seaway.ca and nrshipinspectors@

seaway.ca. 

(B) In the MLO Section, send to: cdo@

seaway.ca and inspecteursvm@

seaway.ca. 

(ii) Name of company performing the 

hot work is provided; 

(iii) Effective fire watch is maintained; 

(iv) Welding operations shall 

temporarily cease during vessel meets 

and lockages; 

(v) Welding operations shall cease at 

the direction of a Traffic Controller; and 

(vi) All sparks and/or flames are to be 

contained on the vessel. 

(2) [Reserved] 

* * * * * 

■ 19. Amend § 401.84 by: 

■ a. Adding a semicolon at the end of 

paragraph (c); 

■ b. Revising paragraph (d); and 

■ c. Removing the parenthetical 

authority citation at the end of the 

section. 

The revision reads as follows: 

§ 401.84 Reporting of impairment or other 

hazard by vessels transiting within the 

Seaway. 

* * * * * 

(d) Any modification or malfunction 

on the vessel of equipment and 

machinery that is noted as operational 

in the current ‘‘Enhanced Ship 

Inspection’’ or ‘‘Self-Inspection’’ of the 

vessel; 

* * * * * 

■ 20. Revise § 401.94 to read as follows: 

§ 401.94 Keeping copies of documents. 

(a) A paper copy of the vessel’s valid 

Ship Inspection Report shall be kept on 

board every vessel in transit. It must be 

easily accessible in the wheelhouse. 

(b) A paper or electronic copy of this 

subpart (the ‘‘Rules and Regulations’’) 

and the Seaway Notices for the current 

navigation year shall be kept easily 

accessible in the wheelhouse of every 

vessel in transit. 

(c) Onboard every vessel transiting the 

Seaway, a duplicate set of the vessel’s 

Fire Control Plans shall be permanently 

stored in a prominently marked 

weather-tight enclosure outside the 

deckhouse for the assistance of shore 

side fire-fighting personnel. 

Issued at Washington, DC, under authority 

delegated at 49 CFR 1.101. 

Great Lakes St. Lawrence Seaway 

Development Corporation. 

Carrie Lavigne, 

Chief Counsel. 

[FR Doc. 2024–31566 Filed 1–8–25; 8:45 am] 

BILLING CODE 4910–61–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 384 

[Docket No. 2012–1 CRB Business 

Establishments II; Docket No. 2007–1 CRB 

DTRA–BE] 

Ruling on Regulatory Interpretation for 

Business Establishment Services 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Ruling on regulatory 

interpretation. 

SUMMARY: The Copyright Royalty Judges 

publish their ruling on regulatory 

interpretation in a matter that was 

referred to them by the United States 

District Court for the District of 

Columbia. The regulation at issue is the 

definition of ‘‘Gross Proceeds’’ in the 

rates and terms set forth through 

settlements in the BES I and BES II 

proceedings in 37 CFR 384.3(a), which 

is used when calculating royalty 

payments paid to SoundExchange, a 

collective for copyright owners, in 

relation to digital transmissions of 

sound recordings pursuant to the 

statutory license in 17 U.S.C. 112. 

DATES: January 10, 2025 

ADDRESSES: The ruling is posted in 

eCRB at https://app.crb.gov/. For access 

to the docket, go to eCRB, the Copyright 

Royalty Board’s electronic filing and 

case management system, at https://

app.crb.gov/, and search for docket 

numbers 2012–1 CRB Business 

Establishments II and 2007–1 CRB 

DTRA–BES. 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, CRB Program Specialist, 

at (202) 707–7658 or crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Ruling on Regulatory Interpretation 

Referred by the United States District 

Court for the District of Columbia 

Background 

On February 9, 2022, SoundExchange 

submitted a motion 1 to the Copyright 

Royalty Judges (Judges) to reopen 

certain proceedings addressing 

determinations of royalty rates and 

terms under the 17 U.S.C. 112 license 

for making ephemeral copies of sound 

recordings for transmission by a 

Business Establishment Service (BES) in 

three proceedings, BES I, BES II, and 

BES III.2

SoundExchange’s request arose from 

litigation before the U.S. District Court 

for the District of Columbia (District 

Court) in which SoundExchange alleged 

that Music Choice had failed to pay 

royalties due under 17 U.S.C. 112 for 

the license to reproduce and transmit 

ephemeral copies of sound recordings to 

business establishments. See 

SoundExchange, Inc. v. Music Choice, 

No. 19–999 (RBW) (D.D.C. Dec. 20, 

2021) (District Court Action). The 

District Court determined it was 

appropriate to refer a matter of 

regulatory interpretation regarding 37 

CFR 384.3(a) to the Judges under the 

doctrine of primary jurisdiction and 

found that the Judges have continuing 

jurisdiction to clarify the BES 

regulations, even though those 

regulations were originally formulated 

by the Copyright Arbitration Royalty 

Panel (CARP), a rate setting body that 

preceded the Copyright Royalty Board 

(Board). See District Court Action, 

Memorandum Opinion at 9–10 (Dec. 20, 

2021) (Memorandum Opinion) (attached 

to the Motion as Exhibit B) (citing 

Report of the Copyright Arbitration 

Royalty Panel to the Librarian of 

Congress, Rate Setting for Digital 

Performance Right in Sound Recordings 

and Ephemeral Recordings, Docket No. 

2000–9 CARP DTRA 1 & 2 at B–7 (Feb. 

20, 2002) (Web I CARP Report)). 


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