3666 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules 

the public interest to continue this 

proceeding and it hereby gives notice of 

its termination. 

By direction of the Commission. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2010–1041 Filed 1–21–10: 8:45 am] 

BILLING CODE 6750–01–S 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–101896–09] 

RIN 1545–BI66 

Basis Reporting by Securities Brokers 

and Basis Determination for Stock; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Correction to a notice of 

proposed rulemaking. 

SUMMARY: This document contains 

corrections to a notice of proposed 

rulemaking that was published in the 

Federal Register on Thursday, 

December 17, 2009, relating to reporting 

sales of securities by brokers and 

determining the basis of securities. 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations 

under section 1012, Edward C. 

Schwartz, (202) 622–4960; Concerning 

the proposed regulations under sections 

3406, 6045, 6045A, 6045B, 6721, and 

6722, Stephen Schaeffer, (202) 622– 

4910 (not toll-free numbers). 

SUPPLEMENTARY INFORMATION: 

Background 

A notice of proposed rulemaking that 

is the subject of this document is under 

sections 408, 1012, 6039, 6042, 6044, 

6045, 6045A, 6045B and 6049 of the 

Internal Revenue Code. 

Need for Correction 

As published, a notice of proposed 

rulemaking (REG–101896–09), 

published Thursday, December 17, 2009 

(74 FR 67010), contains errors that may 

prove to be misleading and are in need 

of clarification. 

Correction of Publication 

Accordingly, the publication of a 

notice of proposed rulemaking (REG– 

101896–09), which was the subject of 

FR Doc. E9–29855, is corrected as 

follows: 

1. On page 67013, column 3, in the 

preamble, under paragraph heading ‘‘a. 

Form and Manner of New Broker 

Reporting Requirements’’, last line of the 

first paragraph of the column, the 

language ‘‘pub/irs-dft/f1099k-dft.pdf.’’ is 

corrected to read ‘‘pub/irs-dft/f1099b-- 

dft.pdf.’’. 

§ 1.6045–1 [Corrected] 

2. On page 67035, column 2, 

paragraph (f)(2)(i), lines 6 thru 8, the 

language ‘‘shall show on Form 1099, 

‘‘U.S. Information Return for Calendar 

Year 1971,’’ or any successor form the 

name,’’ is corrected to read ‘‘shall show 

on Form 1099–B, ‘‘Proceeds from Broker 

and Barter Exchange Transactions,’’ or 

any successor form the name’’. 

Guy R. Traynor, 

Acting Chief, Publications and Regulations 

Branch, Legal Processing Division, Associate 

Chief Counsel (Procedure and 

Administration). 

[FR Doc. 2010–1122 Filed 1–21–10; 8:45 am] 

BILLING CODE 4830–01–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 383 

[Docket No. 2009–2 CRB New Subscription 

II] 

Digital Performance Right in Sound 

Recordings and Ephemeral 

Recordings for a New Subscription 

Service 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing for comment proposed 

regulations that set the rates and terms 

for the use of sound recordings in 

transmissions made by new 

subscription services and for the making 

of ephemeral recordings necessary for 

the facilitation of such transmissions for 

the period commencing January 1, 2011, 

and ending on December 31, 2015. 

DATES: Comments and objections, if any, 

are due by no later than February 22, 

2010. 

ADDRESSES: Comments and objections 

may be sent electronically to 

crb@loc.gov. In the alternative, send an 

original, five copies and an electronic 

copy on a CD either by mail or hand 

delivery. Please do not use multiple 

means of transmission. Comments and 

objections may not be delivered by an 

overnight delivery service other than 

U.S. Postal Service Express Mail. If by 

mail (including overnight delivery), 

comments and objections must be 

addressed to: Copyright Royalty Board, 

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

0977. If hand delivered by a private 

party, comments and objections must be 

brought to the Copyright Office Public 

Information Office, Library of Congress, 

James Madison Memorial Building, 

Room LM–401, 101 Independence 

Avenue, SE., Washington, DC 20559– 

6000, between 8:30 a.m. and 5 p.m. If 

delivered by commercial courier, 

comments and objections must be 

delivered between 8:30 a.m. and 4 p.m. 

to the Congressional Courier Acceptance 

Site located at 2nd and D Street, NE., 

Washington, DC, and the envelope must 

be addressed as follows: Copyright 

Royalty Board, Library of Congress, 

James Madison Memorial Building, 

Room LM–403, 101 Independence 

Avenue, SE., Washington, DC 20559– 

6000. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor, by 

telephone at (202) 707–7658 or by email at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 114(f)(2)(C) of the Copyright 

Act, title 17 of the United States Code, 

allows a new type of eligible 

nonsubscription service or a new 

subscription service on which sound 

recordings are performed that is or is 

about to become operational to file a 

petition with the Copyright Royalty 

Judges (‘‘Judges’’) for the purpose of 

determining reasonable terms and rates. 

17 U.S.C. 114(f)(2)(C). Section 112(e) 

allows the making of ephemeral 

reproductions for the purpose of 

facilitating certain digital audio 

transmissions, including those made by 

new subscription services. 17 U.S.C. 

112(e). Upon receipt of a petition filed 

pursuant to section 114(f)(2)(C), the 

Judges are required to commence a 

proceeding to determine said reasonable 

terms and rates. 17 U.S.C. 

804(b)(3)(C)(ii). The Judges have 

conducted one proceeding pursuant to 

these provisions. See 70 FR 72471, 

72472 (December 5, 2005) (after receipt 

of petition, commencing proceeding to 

determine rates and terms for a new 

type of subscription service that 

‘‘performs sound recordings on digital 

audio channels programmed by the 

licensee for transmission by a satellite 

television distribution service to its 

residential customers, where the audio 

channels are bundled with television 

channels as part of a ‘basic’ package of 

service and not for a separate fee’’). The 

parties to that proceeding ultimately 

reached an agreement on the rates and 


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Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules 3667 

1The new subscription service is defined at 37 

CFR 383.2(h). 

2SoundExchange and Sirius XM also moved that 

the Judges stay further proceedings until the 

settlement process under 17 U.S.C. 801(b)(7)(A) has 

been completed. They noted that RLI, the only other 

participant to the proceeding, joins in the request 

for stay. The Judges granted the motion. See Order 

on Joint Motion to Stay, Docket No. 2009–2 CRB 

New Subscription II (October 28, 2009). 

terms for the new subscription service at 

issue; and the Judges, after public 

comment, adopted the settlement as 

final regulations.1 See 72 FR 72253 

(December 20, 2007). The current rates 

expire on December 31, 2010. 

Pursuant to section 803(b)(1)(A)(i)(III) 

of the Copyright Act, the Judges, 

published in the Federal Register a 

notice commencing the rate 

determination proceeding for the license 

period 2011–2015 for the new 

subscription service defined in 

§ 383.2(h) and requesting interested 

parties to submit their petitions to 

participate. See 74 FR 319 (January 5, 

2009). Petitions to Participate in this 

proceeding were received from 

SoundExchange, Inc.; Royalty Logic, 

LLC (‘‘RLI’’); and Sirius XM Radio Inc. 

(‘‘Sirius XM’’). 

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 their written 

direct statements no later than 

September 29, 2009. On September 22, 

2009, the Judges received a joint motion 

from all parties to stay the filing of the 

written direct statements in light of the 

parties reaching a settlement which they 

intended to submit to the Judges for 

adoption. On September 23, 2009, the 

Judges issued an order extending the 

deadline for the filing of written direct 

statements to October 29, 2009. See 

Order on Extending Deadline to File 

Written Direct Statements, Docket No. 

2009–2 CRB New Subscription II 

(September 23, 2009). SoundExchange 

and Sirius XM submitted the settlement 

to the Judges on October 21, 2009.2

Section 801(b)(7)(A) allows for the 

adoption of 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 Copyright Royalty 

Judges for approval. This section 

provides that in such event: 

• 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 

• 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 or rates. 

17 U.S.C. 801(b)(7)(A). Rates and terms 

adopted pursuant to this provision are 

binding on all copyright owners of 

sound recordings and new subscription 

services performing the sound 

recordings on digital audio channels 

programmed by the licensee for 

transmission by a cable or satellite 

television distribution service to its 

residential customers where the audio 

channels are bundled with television 

channels as part of a ‘‘basic’’ package of 

service and not for a separate fee. See 37 

CFR 383.2(h). 

As noted above, the public may 

comment and object to any or all of the 

proposed regulations contained in this 

notice of proposed rulemaking. Such 

comments and objections must be 

submitted no later than February 22, 

2010. 

List of Subjects in 37 CFR Part 383 

Copyright, Digital audio 

transmissions, Performance right, Sound 

recordings. 

Proposed Regulation 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

propose to amend 37 CFR part 383 as 

follows: 

PART 383—RATES AND TERMS FOR 

SUBSCRIPTION TRANSMISSIONS AND 

THE REPRODUCTION OF EPHEMERAL 

RECORDINGS BY NEW 

SUBSCRIPTION SERVICES 

1. The authority citation for part 383 

continues to read as follows: 

Authority: 17 U.S.C. 112(e), 114, and 

801(b)(1). 

§ 383.1 [Amended] 

2. Amend § 383.1 as follows: 

a. In paragraph (a), by removing 

‘‘2010’’ and adding in its place ‘‘2015’’; 

and 

b. In paragraph (b), by removing ‘‘112’’ 

and adding in its place ‘‘112(e)’’. 

§ 383.2 [Amended] 

3. Amend § 383.2 as follows: 

a. In paragraph (d), by removing 

‘‘2010’’ and adding in its place ‘‘2015’’; 

and 

b. In paragraph (e), by removing ‘‘112’’ 

and adding in its place ‘‘112(e)’’. 

4. Amend § 383.3 as follows: 

a. In paragraph (a) introductory text, 

by removing ‘‘112’’ and adding in its 

place ‘‘112(e)’’ and by adding ‘‘during the 

License Period,’’ after ‘‘such 

transmissions,’’; 

b. In paragraph (a)(1)(ii)(E), by 

removing ‘‘and’’; 

c. By adding new paragraphs 

(a)(1)(ii)(F) through (J); 

d. In paragraph (a)(2)(ii)(E), by 

removing ‘‘and’’; 

e. By adding new paragraphs 

(a)(2)(ii)(F) through (J); 

f. In paragraph (b), by removing ‘‘112’’ 

and adding in its place ‘‘112(e)’’; and 

g. By adding a new paragraph (c). 

The additions to § 383.3 read as 

follows: 

§ 383.3 Royalty fees for public 

performances of sound recordings and the 

making of ephemeral recordings. 

(a) * * * 

(1) * * * 

(ii) * * * 

(F) 2011: $0.0155 

(G) 2012: $0.0159 

(H) 2013: $0.0164 

(I) 2014: $0.0169 

(J) 2015: $0.0174 and 

(2) * * * 

(ii) * * * 

(F) 2011: $0.0258 

(G) 2012: $0.0265 

(H) 2013: $0.0273 

(I) 2014: $0.0281 

(J) 2015: $0.0290 

* * * * * 

(c) Ephemeral recordings. The royalty 

payable under 17 U.S.C. 112(e) for the 

making of phonorecords used by the 

Licensee solely to facilitate 

transmissions during the License Period 

for which it pays royalties as and when 

provided in this part shall be included 

within, and constitute 5% of, such 

royalty payments. 

5. Revise § 383.4 to read as follows: 

§ 383.4 Terms for making payment of 

royalty fees. 

(a) Terms in general. Subject to the 

provisions of this section, terms 

governing timing and due dates of 

royalty payments to the Collective, late 

fees, statements of account, audit and 

verification of royalty payments and 

distributions, cost of audit and 

verification, record retention 

requirements, treatment of Licensees’ 

confidential information, distribution of 

royalties by the Collective, unclaimed 

funds, designation of the Collective, and 

any definitions for applicable terms not 

defined herein and not otherwise 

inapplicable shall be those adopted by 

the Copyright Royalty Judges for 

subscription transmissions and the 


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3668 Federal Register / Vol. 75, No. 14 / Friday, January 22, 2010 / Proposed Rules 

reproduction of ephemeral recordings 

by preexisting satellite digital audio 

radio services in 37 CFR part 382, 

subpart B of this chapter, for the license 

period 2007–2012. For purposes of this 

section, the term ‘‘Collective’’ refers to 

the collection and distribution 

organization that is designated by the 

Copyright Royalty Judges. For the 

License Period through 2015, the sole 

Collective is SoundExchange, Inc. 

(b) Reporting of performances. 

Without prejudice to any applicable 

notice and recordkeeping provisions, 

statements of account shall not require 

reports of performances. 

(c) Applicable regulations. To the 

extent not inconsistent with this part, 

all applicable regulations, including 

part 370 of this chapter, shall apply to 

activities subject to this part. 

Dated: January 15, 2010. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2010–1172 Filed 1–21–10; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2005–OH–0003; FRL– 

9105–7] 

Conditional Approval and 

Promulgation of State Implementation 

Plans; Ohio; Carbon Monoxide and 

Volatile Organic Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing a variety of 

actions regarding revisions to Ohio 

Administrative Code (OAC) 3745–21 

(Carbon Monoxide, Photochemically 

Reactive Materials, Hydrocarbons, and 

related Materials Standards). EPA is 

proposing the following actions: To 

approve into the State Implementation 

Plan (SIP) certain regulation revisions 

within OAC 3745–21 which have been 

adopted by the State; to disapprove a 

regulation revision pertaining to high 

performance architectural coatings; to 

conditionally approve a revision of 

paragraph (BBB)(1) of OAC 3745–21–09, 

if the State gives EPA a letter that 

commits to address noted deficiencies 

no later than one year from the expected 

date of EPA’s conditional approval; to 

take no action on certain regulation 

revisions, and to provide notice that 

EPA and Ohio have created a path 

forward for facilities operating under 

previously issued alternate VOC limit 

and emission control exemptions for 

miscellaneous metal coating operations 

under OAC 3745–21–09(U)(2)(f). This 

action addresses revisions to OAC 

3745–21 in a set of submittals dated 

October 9, 2000, February 6, 2000, and 

August 3, 2001; and also addresses 

revisions to OAC 3745–21, submitted on 

June 24, 2003, as part of Ohio’s five-year 

rule review process. 

DATES: Comments must be received on 

or before February 22, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R05– 

OAR–2005–OH–003, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: mooney.john@epa.gov. 

3. Fax: (312) 886–5824. 

4. Mail: John M. Mooney, Chief, 

Criteria Pollutant Section, Air Programs 

Branch (AR–18J), U.S. Environmental 

Protection Agency, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

5. Hand Delivery: John M. Mooney, 

Chief, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), U.S. 

Environmental Protection Agency, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. Such deliveries are only 

accepted during the Regional Office 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

Regional Office official hours of 

business are Monday through Friday, 

8:30 a.m. to 4:30 p.m. excluding Federal 

holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–R05–OAR–2005– 

OH–003. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information that you consider to be CBI 

or otherwise protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional instructions on 

submitting comments, go to Section I of 

the SUPPLEMENTARY INFORMATION section 

of this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Region 5, Air and Radiation Division, 77 

West Jackson Boulevard, Chicago, 

Illinois 60604. This Facility is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. We recommend that you 

telephone Anthony Maietta, Life 

Scientist, at (312) 353–8777 before 

visiting the Region 5 office. 

FOR FURTHER INFORMATION CONTACT: 

Anthony J. Maietta, Life Scientist, U.S. 

Environmental Protection Agency, 

Region 5, Air and Radiation Division 

(AR–18J), Air Programs Branch, Criteria 

Pollutant Section, 77 West Jackson 

Boulevard, Chicago, Illinois 60604. 

(312) 353–8777; 

maietta.anthony@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, wherever 

‘‘we’’, ‘‘us’’, or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. What should I consider as I prepare my 

comments for EPA? 

II. 2000/2001 Submittals 

A. Review of the State’s Submittals 

1. What rule revisions does the State want 

approved into the SIP, and are these rule 

revisions approvable? 

2. What is EPA’s view of the sourcespecific miscellaneous metal coating 

submittal currently before EPA? 

III. Five-Year Rule Review 

A. Background 

1. Why has the State requested revisions to 

this rule? 

2. When did the State submit the requested 

rule revisions to EPA? 


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