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Federal Register / Vol. 86, No. 228 / Wednesday, December 1, 2021 / Rules and Regulations
paragraph d4 of this section to be cut in one harvest operation where the responsible official determines that larger harvest openings are necessary to help achieve desired ecological conditions in the plan area. If so, standards for exceptions shall include the particular conditions under which the larger size is permitted and must set a maximum size permitted under those conditions.
ii Plan components may allow for size limits exceeding those established in paragraphs d4 introductory text and d4i of this section on an individual timber sale basis after 60
days public notice and review by the regional forester.
iii The plan maximum size for openings to be cut in one harvest operation shall not apply to the size of openings harvested as a result of natural catastrophic conditions such as fire, insect and disease attack, or windstorm 16 U.S.C. 1604g3Fiv.

Dated: November 23, 2021.
Meryl Harrell, Deputy Under Secretary, Natural Resources & Environment.
FR Doc. 202125947 Filed 113021; 8:45 am BILLING CODE 341115P

LIBRARY OF CONGRESS
Copyright Royalty Board 37 CFR Part 380
Docket No. 19CRB0005WR 20212025
COLA 2022

Cost of Living Adjustment to Royalty Rates for Webcaster Statutory License Copyright Royalty Board CRB, Library of Congress.
ACTION: Final rule; cost of living adjustment.
AGENCY:

The Copyright Royalty Judges announce a cost of living adjustment COLA in the royalty rates that commercial and noncommercial noninteractive webcasters pay for eligible transmissions pursuant to the statutory licenses for the public performance of and for the making of ephemeral reproductions of sound recordings.
DATES:
Effective date: January 1, 2022.
Applicability dates: These rates are applicable to the period January 1, 2022, through December 31, 2022.
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, 202 7077658, crb@loc.gov.

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SUMMARY:

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Sections 112e and 114f of the Copyright Act, title 17 of the United States Code, create statutory licenses for certain digital performances of sound recordings and the making of ephemeral reproductions to facilitate transmission of those sound recordings. On October 27, 2021, the Copyright Royalty Judges Judges adopted final regulations governing the rates and terms of copyright royalty payments under those licenses for the license period 20212025 for performances of sound recordings via eligible transmissions by commercial and noncommercial noninteractive webcasters. See 86 FR 59452.
Pursuant to those regulations, at least 25 days before January 1 of each year from 2022 to 2025, the Judges shall publish in the Federal Register notice of a COLA applicable to the royalty fees for performances of sound recordings via eligible transmissions by commercial and noncommercial noninteractive webcasters. 37 CFR 380.10.
The adjustment in the royalty fee shall be based on a calculation of the percentage increase in the CPIU from the CPIU published in November 2020
260.229, according to the formula: For subscription performances, 1 +
Cy260.229/260.229 $0.0026; for nonsubscription performances, 1 +
Cy260.229/260.229 $0.0021; for performances by a noncommercial webcaster in excess of 159,140 ATH per month, 1 + Cy260.229/260.229
$0.0021; where Cy is the CPI-U
published by the Secretary of Labor before December 1 of the preceding year. The adjusted rate shall be rounded to the nearest fourth decimal place. 37
CFR 380.10c. The CPIU published by the Secretary of Labor from the most recent index published before December 1, 2021, is 276.589.1 Applying the formula in 37 CFR 380.10c and rounding to the nearest fourth decimal place results in an increase in the rates for 2022.
The 2022 rate for eligible transmissions of sound recordings by commercial webcasters is $0.0028 per subscription performance and $0.0022
per nonsubscription performance.
Application of the increase to rates for noncommercial webcasters results in a 2022 rate of $0.0022 per performance for all digital audio transmissions in excess of 159,140 ATH in a month on a channel or station.
As provided in 37 CFR 380.10d, the royalty fee for making ephemeral SUPPLEMENTARY INFORMATION:

1 This
CPI-U was announced on November 10, 2021, by the Bureau of Labor Statistics in its Consumer Price Index News ReleaseConsumer Price Index, available at https www.bls.gov/
news.release/cpi.htm at Table 1.

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recordings under section 112 of the Copyright Act to facilitate digital transmission of sound recordings under section 114 of the Copyright Act is included in the section 114 royalty fee and comprises 5% of the total fee.
List of Subjects in 37 CFR Part 380
Copyright; Sound recordings.
Final Regulations In consideration of the foregoing, the Judges amend part 380 of title 37 of the Code of Federal Regulations as follows:
PART 380RATES AND TERMS FOR
TRANSMISSIONS BY ELIGIBLE
NONSUBSCRIPTION SERVICES AND
NEW SUBSCRIPTION SERVICES AND
FOR THE MAKING OF EPHEMERAL
REPRODUCTIONS TO FACILITATE
THOSE TRANSMISSIONS
1. The authority citation for part 380
continues to read as follows:

Authority: 17 U.S.C. 112e, 114f, 804b3.

2. Section 380.10 is amended by revising paragraph a to read as follows:

380.10 Royalty fees for the public performance of sound recordings and the making of ephemeral recordings.

a Royalty fees. For the year 2022, Licensees must pay royalty fees for all Eligible Transmissions of sound recordings at the following rates:
1 Commercial webcasters: $0.0028
per Performance for subscription services and $0.0022 per Performance for nonsubscription services.
2 Noncommercial webcasters:
$1,000 per year for each channel or station and $0.0022 per Performance for all digital audio transmissions in excess of 159,140 ATH in a month on a channel or station.

Dated: November 23, 2021.
Suzanne M. Barnett, Chief Copyright Royalty Judge.
FR Doc. 202126062 Filed 113021; 8:45 am BILLING CODE 141072P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
EPAHQOPP20160352 and EPAHQ
OPP20190560; FRL894501OCSPP

Bifenthrin; Pesticide Tolerances Environmental Protection Agency EPA.
ACTION: Final rule.
AGENCY:

E:FRFM01DER1.SGM

01DER1