34676 Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules 

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). 

Number of full-time students 2023 2024 2025 2026 2027 

Level 5 ... 20,000+ .................................................................................................... 1,009 1,035 1,062 1,090 1,118 

* * * * * 

Dated June 24, 2021. 

Jesse M. Feder, 

Chief Copyright Royalty Judge. 

[FR Doc. 2021–13922 Filed 6–29–21; 8:45 am] 

BILLING CODE 1410–72–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 381 

[Docket No. 21–CRB–0002–PBR (2023– 

2027)] 

Determination of Rates and Terms for 

Public Broadcasting (PB IV) 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

publish for comment proposed 

regulations that set rates and terms for 

the use of certain copyrighted works by 

public broadcasting entities for the 

period beginning January 1, 2023, and 

ending December 31, 2027. 

DATES: Comments and objections, if any, 

are due no later than July 30, 2021. 

ADDRESSES: You may send comments, 

identified by docket number 21–CRB– 

0002–PBR (2023–2027), online through 

eCRB 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 background documents or 

comments received, go to eCRB at 

https://app.crb.gov and perform a case 

search for docket 21–CRB–0002–PBR 

(2023–2027). 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, at 

202–707–7658 or 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). Accordingly, the Judges 

commenced a proceeding in January 

2021, by publishing notice of the 

commencement of the proceeding and a 

request that interested parties submit 

petitions to participate. 86 FR 325 (Jan. 

5, 2021). 

The Judges received petitions to 

participate in the current proceeding 

from The American Society of Authors, 

Composers and Publishers (ASCAP); 

Broadcast Music, Inc. (BMI); Church 

Music Publishers’ Association, Inc. 

(CMPA); Educational Media Foundation 

(EMF); Global Music Rights, LLC; 

National Religious Broadcasters 

Noncommercial Music License 

Committee (NRBNMLC); David Powell; 

Public Broadcasting Entities 

(Corporation for Public Broadcasting 

(CPB), National Public Radio (NPR), and 

Public Broadcasting Service (PBS)); 

SESAC Performing Rights, LLC 

(SESAC); and The Harry Fox Agency 

LLC (HFA). 

The Judges gave notice to all 

participants of the three-month 

negotiation period required by 17 U.S.C. 

803(b)(3) and directed that, if the 

participants were unable to negotiate a 

settlement, they should submit Written 

Direct Statements no later than 

September 10, 2021. Notice of 

Participants, Commencement of 

Voluntary Negotiation Period, and Case 

Scheduling Order (Feb. 9, 2021). 

There are two ways copyright owners 

and public broadcasting entities 1 may 

negotiate rates and terms under the 

section 118 statutory license. First, 

copyright owners may negotiate rates 

and terms with specific public 

broadcasting entities for the use of all of 

the copyright owners’ works covered by 

the 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). 

Second, copyright owners and public 

broadcasting entities may negotiate rates 

and terms for categories of copyrighted 

works and uses that would be binding 

on all owners and entities using the 

same license and submit them to the 

Judges for approval. Section 

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

authorizes the Judges to adopt 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. 

This section provides that the Judges 

shall provide notice and an opportunity 

to comment on the agreement to (1) 

those that would be bound by the terms, 

rates, or other determination set by the 

agreement and (2) participants in the 

proceeding that would be bound by the 

terms, rates, or other determination set 

by the agreement. See section 

801(b)(7)(A). The Judges may decline to 

adopt the agreement as a basis for 

statutory terms and rates for participants 

not party to the agreement if any 

participant objects and the Judges 

conclude that the agreement does not 

provide a reasonable basis for setting 

statutory terms or rates. Id. 

On June 21, 2021, the Judges received 

a joint proposal from participants HFA 

and NRBNMLC regarding fees for 

recording rights under 37 CFR 

381.7(b)(4) for the period 2023–2027. 

Joint Proposal . . . Regarding Fees for 

Recording Rights Under 37 CFR 

381.7(B)(4) (June 21, 2021) (Proposal). 

The fees in § 381.7(b)(4) apply to the 

‘‘recording of nondramatic 

performances and displays of musical 

works for the types of uses described in 

17 U.S.C. 118(c)(2)–(3) by 

noncommercial radio stations other than 

uses in a radio program produced by 

[NPR] and other than uses subject to 

voluntary license agreements.’’ Proposal 

at 2. HFA and NRBNMLC filed a 

proposal instead of a notice of 

settlement because NRBNMLC does not 

represent all radio stations subject to the 

fees. Id. Participant EMF joins in the 

proposal. Id. at 3 n.2. 

The Proposal states that the fees in 

§ 381.7(b)(4) should be modified. See id. 

at 2–3. It also proposes carrying forward 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 123 / Wednesday, June 30, 2021 / Proposed Rules 34677 

unchanged (except to replace ‘‘January 

1, 2018’’ with ‘‘January 1, 2023’’ and 

‘‘December 31, 2022’’ with ‘‘December 

31, 2027’’) current provisions set forth 

in §§ 381.1, 381.2, 381.9, and 381.11. Id. 

The Judges solicit comments on 

whether they should adopt the proposed 

regulations as statutory rates and terms 

relating to the reproduction, 

distribution, performance or display of 

certain works by public broadcasting 

entities (as defined in 17 U.S.C. 118(f)) 

in the course of the activities described 

in 17 U.S.C. 118(c). 

Comments and objections regarding 

the proposed changes must be 

submitted no later than July 30, 2021. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

propose to amend 37 CFR part 381 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), 803. 

■ 2. Revise § 381.1 to read as follows: 

§ 381.1 General. 

This part establishes terms and rates 

of royalty payments for certain activities 

using published nondramatic musical 

works and published pictorial, graphic 

and sculptural works during a period 

beginning on January 1, 2023, and 

ending on December 31, 2027. Upon 

compliance with 17 U.S.C. 118, and the 

terms and rates of this part, a public 

broadcasting entity may engage in the 

activities with respect to such works set 

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

■ 3. Revise § 381.7(b)(4) to read as 

follows: 

§ 381.7 Recording rights, rates and terms. 

* * * * * 

(b) * * * 

(4) For such uses other than in an 

NPR-produced radio program: 

2023–2027 

(i) Feature ................................... $ .83 

(ii) Feature (concert) (per half 

hour) ....................................... 1.72 

(iii) Background ......................... .42 

* * * * * 

Dated June 24, 2021. 

Jesse M. Feder, 

Chief Copyright Royalty Judge. 

[FR Doc. 2021–13923 Filed 6–29–21; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2021–0416; FRL–10025– 

54–Region 7] 

Air Plan Approval; Missouri; Revision 

to Emission Data, Emission Fees and 

Process Information Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing approval of 

a State Implementation Plan (SIP) and 

Operating Permits Program revision 

submitted by the State of Missouri on 

May 25, 2021. These revisions update 

the listed emission reporting years and 

update the emissions fee for permitted 

sources as set by Missouri Statute from 

$48 per ton of air pollution emitted 

annually to $53 in calendar year 2021 

and $55 per ton of air pollution emitted 

annually for emissions in calendar year 

2022 and beyond; effective March 30, 

2021. 

DATES: Comments must be received on 

or before July 30, 2021. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–R07– 

OAR–2021–0416 to https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received will be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

‘‘Written Comments’’ heading of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: 

Jason Heitman, Environmental 

Protection Agency, Region 7 Office, Air 

Quality Planning Branch, 11201 Renner 

Boulevard, Lenexa, Kansas 66219; 

telephone number: (913) 551–7664; 

email address: heitman.jason@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Written Comments 

II. Background 

III. What is being addressed in this 

document? 

IV. Have the requirements for approval of a 

SIP and part 70 revision been met? 

V. What action is the EPA proposing to take? 

VI. Incorporation by reference 

VII. Statutory and Executive Order Reviews 

I. Written Comments 

Submit your comments, identified by 

Docket ID No. EPA–R07–OAR–2021– 

0416, at https://www.regulations.gov. 

Once submitted, comments cannot be 

edited or removed from regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

II. Background 

The EPA granted full approval of the 

Missouri Operating Permit Program 

effective June 13, 1997 (see 62 FR 

26405). Under title 40 Code of Federal 

Regulations (CFR) 70.9(a) and (b), an 

approved state’s title V operating 

permits program must require that the 

owners or operators of part 70 sources 

pay annual fees, or the equivalent over 

some other period, that are sufficient to 

cover the permit program costs and 

ensure that any fee required under 40 

CFR 70.9 is used solely for permit 

program costs. The fee schedule must 

result in the collection and retention of 

revenues sufficient to cover the permit 

program implementation and oversight 

costs. 

Missouri has determined that fee 

adjustments are needed to offset the 

effect of declining revenues and to 

maintain the solvency of the Missouri 

Air Pollution Control Program. 

III. What is being addressed in this 

document? 

The EPA is proposing to approve 

revisions to the Missouri State 

Implementation Plan (SIP) and title V 

Operating Permits Program, 10–6.110 

‘‘Reporting Emission Data, Emission 

Fees, and Process Information,’’ 

submitted to the EPA on May 25, 2021. 

Revisions to the program include 

updating emission reporting years and 


jbell on DSKJLSW7X2PROD with PROPOSALS