14074 Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(g), of the Instruction. This rule 

involves establishing temporary safety 

zones. An environmental analysis 

checklist and a categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T13–132 to read as 

follows: 

§ 165.T13–132 Safety Zones; March 

Fireworks displays within the Captain of the 

Port, Puget Sound Area of Responsibility 

(AOR). 

(a) Safety Zones. The following areas 

are designated safety zones: 

(1) Farmer’s 100th Anniversary, Elliot 

Bay, WA 

(i) Location. All waters in the 

proximity of Pier 66, Elliot Bay, WA in 

an area extending to a 400 foot radius 

from the launch site at 47°36′31.54′′ N 

122°21′06.00′′ W. 

(ii) Enforcement time and date. 7 p.m. 

to 11:30 p.m. on March 6, 2010. 

(2) General Construction Event, Elliot 

Bay, WA 

(i) Location. All waters in the 

proximity of Pier 66, Elliot Bay, WA in 

an area extending to a 600 foot radius 

from the launch site at 47°36′55.00′′ N 

122°21′05.80′′ W. 

(ii) Enforcement time and date. 6 p.m. 

to 11:30 p.m. on March 27, 2010. 

(b) Regulations. In accordance with 

the general regulations in 33 CFR Part 

165, Subpart C, no vessel operator may 

enter, transit, moor, or anchor within 

these safety zones, except for vessels 

authorized by the Captain of the Port or 

Designated Representative. 

(c) Authorization. All vessel operators 

who desire to enter the safety zone must 

obtain permission from the Captain of 

the Port or Designated Representative by 

contacting either the on-scene patrol 

craft on VHF Ch 13 or Ch 16 or the 

Coast Guard Sector Seattle Joint Harbor 

Operations Center (JHOC) via telephone 

at (206) 217–6002. 

(d) Effective Period. This rule is 

effective from 7 p.m. March 6, 2010 

through 12:01 a.m. March 28, 2010 

unless canceled sooner by the Captain 

of the Port. 

Dated: March 5, 2010. 

S.E. Englebert, 

Captain, U.S. Coast Guard, Captain of the 

Port, Puget Sound. 

[FR Doc. 2010–6445 Filed 3–23–10; 8:45 am] 

BILLING CODE 9110–04–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: Final rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing final regulations setting 

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: These regulations become 

effective on January 1, 2011. 

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: 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 

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Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 14075 

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 but not a signatory to 

the settlement, joined 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). 

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 

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 37 CFR 

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, 2009.2

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: 

(i) 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 

(ii) 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). Accordingly, on 

January 22, 2010, the Judges published 

a notice seeking comment on the 

proposed rates and terms submitted to 

the Judges. 75 FR 3666. Comments were 

due by February 22, 2010. Having 

received no comments or objections to 

the proposed rates and terms, the 

Judges, by this notice, are adopting as 

final regulations the rates and terms for 

the use of sound recordings in 

transmissions made by new 

subscription services as defined in 37 

CFR 383.2(h) and the making of 

ephemeral recordings necessary for the 

facilitation of such transmissions for the 

license period of 2011–2015 as 

published on January 22, 2010. 

List of Subjects in 37 CFR 383 

Copyright, Digital audio 

transmissions, Performance right, Sound 

recordings. 

Final Regulation 

■ For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

are amending 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. By adding new paragraphs 

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

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

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

■ f. 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 

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 

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14076 Federal Register / Vol. 75, No. 56 / Wednesday, March 24, 2010 / Rules and Regulations 

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: March 19, 2010. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2010–6451 Filed 3–23–10; 8:45 am] 

BILLING CODE 1410–72–P 

POSTAL SERVICE 

39 CFR Part 111 

Express Mail Open and Distribute and 

Priority Mail Open and Distribute 

Changes and Updates 

AGENCY: Postal Service TM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM®) 705.16 to reflect changes and 

updates for Express Mail® Open and 

Distribute and Priority Mail® Open and 

Distribute to improve efficiencies in 

processing and to control costs. 

DATES: Effective Date: April 5, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Karen Key, 202–268–7492 or Garry 

Rodriguez, 202–268–7281. 

SUPPLEMENTARY INFORMATION: On 

January 29, 2010, the Postal Service 

published a Federal Register proposed 

rule (75 FR 4741–4742) inviting 

comments on a revision to change the 

standards for Express Mail Open and 

Distribute and Priority Mail Open and 

Distribute shipments, to discontinue the 

use of Label 23 and facsimile Tags 190 

and 161, and to update the mailing 

standards. After reviewing the 

comments, and upon further 

consideration of the proposed revisions, 

the Postal Service adopts the proposed 

rule with minor revisions. 

Comments 

The Postal Service received five 

comments: 

1. One commenter expressed concern 

about discontinuing the use of Label 23 

and suggested tray boxes to 

accommodate EMM trays. The Postal 

Service introduced tray boxes to address 

Open and Distribute customers’ 

concerns on the security of their mail in 

a letter tray during processing. The 

current tray box sizes were a result of 

customer feedback. The decision to 

discontinue Label 23 supports our goal 

to provide a secure method for Open 

and Distribute containers. 

2. One commenter recommended 

changes to the tray boxes. The Postal 

Service has determined that this 

suggestion is outside the scope of this 

final rule. 

3. One commenter questioned 

discontinuing the optional use of 

facsimile Tag 190. The Postal Service’s 

decision to standardize the tags and to 

discontinue the optional use of 

facsimile Tags 190 and 161 was made to 

ensure visibility of the product for 

accurate and efficient processing of 

Open and Distribute containers. In 

response to customer needs, the Postal 

Service is investigating the production 

of a self-adhesive Tag 190 for DDU 

shipments made in USPS®-supplied 

Flat Rate Boxes and envelopes. 

Customers will be notified of the new 

self-adhesive Tag 190 when it becomes 

available. 

4. One internal commenter brought to 

our attention that under authorization, 

Open and Distribute containers were 

allowed to be presented sealed. This 

exception was incorporated into the 

final rule. 

5. One commenter questioned the 70 

pound weight limit. The Postal Service 

has determined that this is outside the 

scope of this final rule. 

Summary 

With the introduction of tray boxes, 

Label 23, once used to identify lettersize trays, is no longer needed, and the 

Postal Service is discontinuing its use. 

Customers now have the option to place 

their trays in either sacks or Open and 

Distribute tray boxes. The Open and 

Distribute tray boxes are provided free 

of charge by the Postal Service to all 

Open and Distribute customers and are 

available for both half-size and full-size 

trays. 

The Postal Service also discontinues 

the optional use of facsimile Tags 190 

and 161. Customers must use the USPSsupplied tags which are easy to identify. 

Additionally, the Postal Service is 

updating the mailing standards to reflect 

Open and Distribute containers must 

not exceed the 70-pound weight limit 

and that PS Form 3152, Confirmation 

Services Certification, must be 

submitted with each mailing. The Postal 

Service also updates the mailing 

standards to clarify that Open and 

Distribute containers must be presented 

unsealed, unless accepted under an 

alternate procedure authorized by 

Business Mailer Support. 

The Postal Service adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), which is 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

Part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM) as follows: 

* * * * * 

700 Special Standards 

* * * * * 

705 Advanced Preparation and 

Special Postage Payment Systems 

* * * * * 

16.0 Express Mail Open and 

Distribute and Priority Mail Open and 

Distribute 

16.1 Prices and Fees 

16.1.1 Basis of Price 

[Add new second sentence to 16.1.1 to 

clarify the maximum weight as follows:] 

* * * The maximum weight for each 

container is 70 pounds. * * * 

* * * * * 

16.1.5 Payment Method 

[Revise the third sentence of 16.1.5 to 

eliminate Label 23 as follows:] 

* * * Priority Mail postage must be 

affixed to or hand-stamped on green Tag 

161, pink Tag 190, to the Open and 

Distribute tray box, or be part of the 

address label. 

* * * * * 

16.5 Preparation 

16.5.1 Containers for Expedited 

Transport 

Acceptable containers for expedited 

transport are as follows: 

* * * * * 

WReier-Aviles on DSKGBLS3C1PROD with RULES