Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Proposed Rules 51589 

found in FDA regulations. These 

collections of information are subject to 

review by OMB under the PRA. The 

collections of information in 21 CFR 

part 807, subpart E have been approved 

under OMB control number 0910–0120 

and the collections of information under 

21 CFR part 801 have been approved 

under OMB control number 0910–0485. 

XI. Proposed Effective Date 

FDA proposes that any final order 

based on this proposal become effective 

30 days after the date of its publication 

in the Federal Register. 

XII. References 

The following references are on 

display in the Dockets Management 

Staff (see ADDRESSES) and are available 

for viewing by interested persons 

between 9 a.m. and 4 p.m., Monday 

through Friday; they are also available 

electronically at https://

www.regulations.gov. FDA has verified 

the Web site addresses, as of the date 

this document publishes in the Federal 

Register, but Web sites are subject to 

change over time. 

1. FDA memorandum ‘‘To Manufacturers 

and Initial Distributors of Sharps Containers 

and Destroyers Used by Health Care 

Professionals,’’ February 3, 1994, available at: 

https://www.fda.gov/downloads/medical

devices/deviceregulationandguidance/ 

guidancedocuments/ucm070679.pdf. 

2. FDA ‘‘Premarket Approval of Millenium 

Medical Supply Incorporated Needle-EaseTM

2501–ACTION,’’ March 6, 1997, available at: 

https://www.accessdata.fda.gov/cdrh_docs/ 

pdf/p960044.pdf. 

3. ‘‘Premarket Approval Applications 

(PMA) for Sharps Needle Destruction 

Devices; Final Guidance for Industry and 

FDA,’’ March 2, 2001, available at: https://

www.fda.gov/downloads/MedicalDevices/ 

DeviceRegulationandGuidance/Guidance

Documents/ucm073601.pdf. 

4. Tamplin S.A., D. Davidson, B. Powis, 

and Z. O’Leary, ‘‘Issues and Options for the 

Safe Destruction and Disposal of Used 

Injection Materials,’’ Waste Management, vol. 

25, pp. 655–665, 2005. 

List of Subjects in 21 CFR Part 880 

Medical devices. 

Therefore, under the Federal Food, 

Drug, and Cosmetic Act (21 U.S.C. 321 

et seq., as amended) and under 

authority delegated to the Commissioner 

of Food and Drugs, it is proposed that 

21 CFR part 880 be amended as follows: 

PART 880—GENERAL HOSPITAL AND 

PERSONAL USE DEVICES 

■ 1. The authority citation for part 880 

continues to read as follows: 

Authority: 21 U.S.C. 351, 360, 360c, 360e, 

360j, 371. 

■ 2. Add § 880.6210 to subpart G to read 

as follows: 

§ 880.6210 Sharps needle destruction 

device. 

(a) Identification. A sharps needle 

destruction device is a prescription 

device that is intended to destroy 

needles or sharps used for medical 

purposes by incineration or mechanical 

means. 

(b) Classification. Class II (special 

controls). The special controls for this 

device are: 

(1) Performance testing must 

demonstrate the following during 

operation of the device: 

(i) The device safely contains or 

ventilates aerosols or fumes from device 

operation. 

(ii) Excessive heat or sparks are not 

generated that may injure users or 

patients. 

(iii) Simulated use testing must 

demonstrate sharps and/or needles are 

completely destroyed using a range of 

types and sizes of sharps sufficient to 

represent actual use. 

(iv) Simulated use testing must 

demonstrate that the device is 

physically stable on the surface for 

which it is intended to be mounted to 

ensure the risk of harm to the patient/ 

user as a result of the device falling is 

minimized. 

(2) Validation of cleaning and 

disinfection instructions must 

demonstrate that the device can be 

safely and effectively reprocessed after 

use per the recommended cleaning and 

disinfection protocol in the instructions 

for use. 

(3) Analysis and/or testing must 

validate electromagnetic compatibility 

(EMC) and electrical safety, including 

the safety of any battery used in the 

device, under conditions which are 

consistent with the intended 

environment of device use. 

(4) Software verification, validation, 

and hazard analysis must be performed. 

(5) Labeling must include: 

(i) A clear description of the device 

and its technological features; 

(ii) How the device is to be used, 

including validated cleaning and 

disinfection instructions; 

(iii) Relevant precautions and 

warnings based on performance and inuse testing to ensure proper use of the 

device; and 

(iv) Instructions to install device in 

adequately ventilated area and stable 

area. 

Dated: November 2, 2017. 

Anna K. Abram, 

Deputy Commissioner for Policy, Planning, 

Legislation, and Analysis. 

[FR Doc. 2017–24191 Filed 11–6–17; 8:45 am] 

BILLING CODE 4164–01–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: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

solicit comments on proposed 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: Comments and objections, if any, 

are due on or before November 27, 2017. 

ADDRESSES: You may submit comments 

and objections, identified by docket 

number 16–CRB–0002–PBR (2018– 

2022), by any of the following methods: 

CRB’s electronic filing application: 

Submit comments online in eCRB at 

https://app.crb.gov/. 

U.S. mail: Copyright Royalty Board, 

P.O. Box 70977, Washington, DC 20024– 

0977; or 

Overnight service (only USPS Express 

Mail is acceptable): Copyright Royalty 

Board, P.O. Box 70977, Washington, DC 

20024–0977; or 

Commercial courier: Address package 

to: Copyright Royalty Board, Library of 

Congress, James Madison Memorial 

Building, LM–403, 101 Independence 

Avenue SE., Washington, DC 20559– 

6000. Deliver to: Congressional Courier 

Acceptance Site, 2nd Street NE. and D 

Street NE., Washington, DC; or 

Hand delivery: Library of Congress, 

James Madison Memorial Building, LM– 

401, 101 Independence Avenue SE., 

Washington, DC 20559–6000. 

Instructions: Unless submitting 

online, commenters must submit an 

original, five paper copies, and an 

electronic version on a CD. All 

submissions must include the CRB’s 

name and docket number. All 

submissions will be posted without 

change to eCRB on https://www.crb.gov 

including any personal information 

provided. 


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1CMPA’s PTP was filed late with permission of 

the Judges. See Order Granting Church Music 

Publishers’ Motion to Accept Late Petition to 

Participate (May 6, 2016). The Judges received no 

written direct statement from and no notice of 

settlement from or regarding CMPA. 

2Mr. Powell’s Petition to Participate was 

dismissed on August 16, 2016. Order Dismissing 

Petition to Participate of David Powell. 

3A ‘‘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). 

4The Judges received an agreement from BMI on 

October 24, 2017. They anticipate receiving two 

others (from ASCAP and SESAC). Submission of 

NPR and PBS at 1 (Oct. 25, 2017). 

5The PTP from NPR and PBS covers CPB (the 

Corporation for Public Broadcasting). 

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 Web site 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), the Judges commenced the 

proceeding to set rates and terms for the 

period 2018–2022 on January 5, 2016. 

77 FR 71104. 

In the Federal Register notice, the 

Judges requested interested parties to 

submit petitions to participate. 81 FR 

256 (January 5, 2016). Petitions to 

Participate (‘‘PTP’’s) were received 

from: 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 Church Music 

Publishers’ Association (‘‘CMPA’’); 1 the 

National Music Publishers’ Association 

(‘‘NMPA’’), The Harry Fox Agency 

(‘‘HFA’’), National Association of 

College and University Business 

Officers (‘‘NACUBO’’), and David 

Powell.2

The Judges set the timetable for the 

three-month negotiation period, see 17 

U.S.C. 803(b)(3), and directed the 

participants to submit written direct 

statements no later than November 7, 

2016. Notice of Participants, 

Commencement of Voluntary 

Negotiation Period, and Case 

Scheduling Order (Mar. 25, 2016). The 

Judges amended the case schedule twice 

to accommodate ongoing negotiations. 

See Order for Further Proceedings and 

Modified Case Schedule (Aug. 12, 

2016). In July and September 2016, 

several participants filed notices of 

settlement and proposed rates and terms 

for adoption. No participant filed a 

written direct statement. See Order 

Requiring Submission of Proposed 

Regulations by National Public Radio 

and Public Broadcasting System at 1 

(Oct. 19, 2017). 

There are two ways copyright owners 

and public broadcasting entities 3 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). 

The Judges received one agreement in 

this category for which no further action 

is required.4

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) provides that the Copyright 

Royalty Judges shall provide to those 

that would be bound by the terms, rates, 

or other determination set by any 

agreement in a proceeding to determine 

royalty rates an opportunity to comment 

on the agreement and shall provide to 

participants in the proceeding under 

section 803(b)(2) that would be bound 

by the terms, rates, or other 

determination set by the agreement an 

opportunity to comment on the 

agreement and object to its adoption as 

a basis for statutory terms and rates; and 

that the Copyright Royalty Judges may 

decline to adopt the agreement as a 

basis for statutory terms and rates for 

participants that are not parties to the 

agreement, if any participant described 

in clause (i) objects to the agreement 

and the Copyright Royalty Judges 

conclude, based on the record before 

them if one exists, that the agreement 

does not provide a reasonable basis for 

setting statutory terms and rates. 

17 U.S.C. 801(b)(7)(A). 

On or about September 1, 2017, the 

Judges received a joint submission from 

ASCAP, BMI, HFA, NACUBO, NMPA, 

NRBNMLC, and SESAC containing 

proposed regulations that integrated the 

several separately filed proposals within 

this category. On October 25, 2017, the 

Judges received two more proposals 

within this category, one from NPR and 

PBS and a joint proposal from HFA, 

NMPA, PBS, NPR, and CPB.5

NACUBO Joint Proposals 

The joint proposals of NACUBO and 

each of ASCAP, BMI, and SESAC 

propose to modify the royalty rates set 

forth in § 381.5. The rates proposed in 

the NACUBO/BMI and NACUBO/ 

ASCAP submissions reflect a 

modification of the fees in different rate 

tiers. NACUBO/BMI Joint Proposal at 5, 

App. A. NACUBO/ASCAP Joint 

Proposal at 5, App. A. The NACUBO/ 

SESAC submission retains a flat rate 

which they propose adjusting, starting 

in 2018, by the change in the Consumer 

Price Index or one-and-a-half percent, 

whichever is greater. NACUBO/SESAC 

Joint Proposal App. A. 

NRBNMLC Joint Proposals 

The joint proposals entered into by 

NRBNMLC and each of HFA/NMPA, 

ASCAP, BMI, and SESAC propose 

carrying forward unchanged the current 

provisions set forth in §§ 381.1 (except 

to replace ‘‘January 1, 2013’’ with 

‘‘January 1, 2018’’ and ‘‘December 31, 

2017’’ with ‘‘December 31, 2022’’), 

381.2, 381.9, and 381.11. 

The joint proposal between NMPA/ 

HFA and NRBNMLC states that the rates 

in § 381.7(b)(4) should be modified. 

NMPA/HFA and NRBNMLC Joint 

Proposal at 2–3. 

Each of the joint proposals between 

NRBNMLC and ASCAP, BMI and 

SESAC propose modifications to 

§ 381.6. ASCAP and NRBNMLC Joint 

proposal at 3; BMI and NRBNMLC Joint 

proposal at 5; SESAC and NRBNMLC 

Joint proposal at 3. 

NPR/PBS Joint Proposals 

NPR and PBS filed a joint proposal 

with NMPA and HFA to modify fees in 


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§ 381.7, a change that reflects the same 

percentage increase made in the prior 

rate period because such increase ‘‘is 

fair and reasonable.’’ HFA/NMPA and 

NPR/PBS Joint Proposal at 2. 

NPR and PBS filed proposed changes 

to fees in § 381.4 pursuant to negotiated 

license agreements with ASCAP, BMI, 

and SESAC. The changes conform to 

analogous changes in §§ 381.5 and 

381.6. 

As noted above, the members of the 

public and participants in this rate 

proceeding may comment and object to 

any or all of the proposed regulations 

contained in this notice. 

List of Subjects in 37 CFR Part 381 

Copyright, Music, Radio, Television, 

Rates. 

Proposed Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

propose to 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. Revise paragraph (a); 

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

and, in its place, add ‘‘2018’’, and 

remove ‘‘2017’’ and, in its place, add 

‘‘2022’’; and 

■ c. 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) 

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)(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) 

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 


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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 

(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 


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Population count 

Calendar years 

2018 2019 2020 2021 2022 

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 

Calendar years 

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 

Calendar years 

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: 

§ 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 

of 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’’ 

and, in its place, add ‘‘2018’’, and 

remove ‘‘2017’’ and, in its place, add 

‘‘2022’’; 

■ 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 


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51594 Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Proposed Rules 

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: October 31, 2017. 

Suzanne M. Barnett, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2017–23991 Filed 11–3–17; 11:15 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2017–0280; FRL–9969–88– 

Region 5] 

Air Plan Approval; Wisconsin; 2017 

Revisions to NR 400 and 406 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

revision to the Wisconsin State 

Implementation Plan (SIP) submitted by 

the Wisconsin Department of Natural 

Resources (WDNR) to EPA on May 16, 

2017. The revision replaces the 

definition of ‘‘emergency electric 

generator’’ with a broader definition of 

‘‘restricted internal combustion engine’’. 

In addition, the revision makes 

amendments to procedures for revoking 

construction permits as well as language 

changes and other administrative 

updates. Lastly, WDNR is withdrawing 

two Wisconsin Administrative Code 

provisions that affect eligibility under 

general and construction permits. 

WDNR requested these changes to align 

state and Federal requirements and 

ensure consistency. EPA is proposing 

approval of Wisconsin’s May 16, 2017, 

request because the Agency has made 

the preliminary determination that this 

SIP revision is consistent with the Clean 

Air Act and applicable EPA regulations 

regarding PSD. 

DATES: Comments must be received on 

or before December 7, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2017–0280 at http://

www.regulations.gov or via email to 

damico.genevieve@epa.gov. For 

comments submitted at Regulations.gov, 

follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. For either manner 

of submission, 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 a 

discussion of all points you wish to 

make. 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, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Radhica Kanniganti, Environmental 

Engineer, Air Permits Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 886–8097, 

kanniganti.radhica@epa.gov. 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, this 

rule will be effective on January 8, 2018. 

If EPA receives adverse comments, the 

direct final rule will be withdrawn and 

all public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: October 6, 2017. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2017–23448 Filed 11–6–17; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 170828822–7822–01] 

RIN 0648–XF669 

Fisheries of the Northeastern United 

States; Scup Fishery; 2018 and 

Projected 2019 Specifications 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes revised scup 

specifications for the 2018 fishing year 

and projected specifications for 2019. 

Updated scientific information 

regarding the scup stock indicates that 

higher catch limits may be implemented 

to achieve optimum yield. This action is 

intended to inform the public of the 

proposed specifications for the 2018 

fishing year and projected specifications 

for 2019. 

DATES: Comments must be received by 

5 p.m. local time, on November 22, 

2017. 

ADDRESSES: An environmental 

assessment (EA) was prepared for this 

action and describes the proposed 

measures and other considered 

alternatives, and provides an analysis of 

the impacts of the proposed measures 

and alternatives. Copies of the 

Specifications Document, including the 

EA, are available on request from Dr. 

Christopher M. Moore, Executive 

Director, Mid-Atlantic Fishery 

Management Council, Suite 201, 800 

North State Street, Dover, DE 19901. 

These documents are also accessible via 

the Internet at http://www.mafmc.org. 

You may submit comments on this 

document, identified by NOAA–NMFS– 

2017–0121, by either of the following 

methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. 

1. Go to www.regulations.gov/ 

#!docketDetail;D=NOAA-NMFS-2017- 

0121, 

2. Click the ‘‘Comment Now!’’ icon, 

complete the required fields, and 


nshattuck on DSK9F9SC42PROD with PROPOSALS