75624 Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 

1The most recent CPI–U figures are published in 

November of each year and use the period 1982– 

1984 to establish a reference base of 100. The index 

for October 2009 was 216.177, while the figure for 

October 2010 was 218.711. 

United States and Northern Mexico. The 

conditional risk along this flight 

corridor is approximately Ec 13 × 10¥3. 

The FAA multiplied 13 × 10¥3 by onethird, to account for the fact that this 

failure mode is only applicable to onethird of the burn, which results in an Ec

of 41 × 10¥4. The total conditional risk 

associated with an autonomous reentry, 

where a burn failure is assumed, is 19 

× 10¥3. Thus, there is theoretically 20% 

less risk in an attempt to reenter Dragon 

than there is in leaving it in orbit given 

a communications failure. 

Also of importance to the FAA’s 

decision to grant a waiver, Dragon is 

equipped with a number of mitigating 

features. First, the vehicle automatically 

safes itself in the case of an off-nominal 

burn. This means that if Dragon 

conducted its reentry burn, but 

computed that the desired landing spot 

would not be achieved, it would vent 

the rest of its fuel, thereby reducing the 

possibility of explosion or dispersion of 

toxic fumes on impact. Second, the 

vehicle has the ability to autonomously 

guide itself to its planned landing 

location in the Pacific Ocean, some 780 

kilometers from the coastline. This 

internal capability allows Dragon to act 

independently, based on programmed 

instructions and information regarding 

its location, if communications with the 

ground are lost. Third, the vehicle has 

the ability to monitor its safety-critical 

systems in real-time. This means Dragon 

has near-immediate awareness of the 

operability of its on-board systems that 

allow it to operate safely, and this 

awareness enables Dragon to react in 

time to conduct a reentry. Fourth, the 

vehicle has a space-grade IMU and flight 

computer. This means Dragon is 

equipped with a system that provides 

information on where Dragon is, which 

is pertinent to its guidance capabilities, 

and the IMU and flight computer are 

designed and tested to operate in the 

rigorous conditions of space. 

C. National Security and Foreign Policy 

Implications 

The FAA has not identified any 

national security or foreign policy 

implications associated with granting 

this waiver. 

Summary and Conclusion: A waiver 

is in the public interest because it 

accomplishes the goals of Chapter 701 

and decreases risk to the public. The 

waiver will not jeopardize public health 

and safety or safety of property because 

allowing autonomous reentry of a 

healthy Dragon vehicle that has lost all 

communications presents less risk than 

a random reentry. A waiver will not 

jeopardize national security and foreign 

policy interests of the United States. For 

the foregoing reasons, the FAA has 

waived the requirement of 14 CFR 

431.43(e) for a commanded reentry, and 

allows SpaceX to autonomously initiate 

reentry flight of Dragon in the event that 

all communication between ground 

operators and Dragon has been lost, and 

Dragon is healthy. 

Issued in Washington, DC on November 30, 

2010. 

Kenneth Wong, 

Licensing and Safety Division Manager. 

[FR Doc. 2010–30399 Filed 12–3–10; 8:45 am] 

BILLING CODE 4910–13–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 386 

[Docket No. 2010–10 CRB Satellite COLA] 

Cost of Living Adjustment to Satellite 

Carrier Compulsory License Royalty 

Rates 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

announce a cost of living adjustment 

(‘‘COLA’’) of 1.2% in the royalty rates 

paid by satellite carriers under the 

satellite carrier compulsory license of 

the Copyright Act. The COLA is based 

on the change in the Consumer Price 

Index from October 2009 to October 

2010. 

DATES: Effective Date: January 1, 2011. 

Applicability Dates: These rates are 

applicable for the period January 1, 

2011, through December 31, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor. 

Telephone: (202) 707–7658. E-mail: 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: The 

satellite carrier compulsory license 

establishes a statutory copyright 

licensing scheme for the retransmission 

of distant television programming by 

satellite carriers. 17 U.S.C. 119. 

Congress created the license in 1988 and 

has reauthorized the license for 

additional five-year periods, most 

recently with the passage of the Satellite 

Television Extension and Localism Act 

of 2010, (‘‘STELA’’), Public Law 111– 

175, which was signed into law by the 

President on May 27, 2010. 

Program Suppliers and Joint Sports 

Claimants (collectively, the ‘‘Copyright 

Owners’’) and DIRECTV, Inc., DISH 

Network, LLC, and National 

Programming Service, LLC (collectively, 

the ‘‘Satellite Carriers’’) submitted a 

voluntary agreement proposing rates for 

the section 119 compulsory license for 

the period 2010–2014 and requested 

that the proposed rates be applied to all 

satellite carriers, distributors, and 

copyright owners without holding a rate 

proceeding. See 17 U.S.C. 

119(c)(1)(D)(ii)(I). After publishing the 

proposed rates in the Federal Register 

and receiving no objections, the Judges 

adopted the rates as final in 37 CFR part 

386. 75 FR 53198 (August 31, 2010). 

Section 119(c)(2) requires the Judges 

annually to adjust these rates ‘‘to reflect 

any changes occurring in the cost of 

living adjustment (for all consumers and 

for all items) published * * * before 

December 1 of the preceding year’’ with 

such rates being effective on January 1 

of each year. 17 U.S.C. 119(c)(2). The 

Judges are required to publish in the 

Federal Register ‘‘[n]otification of the 

adjusted fees * * * at least 25 days 

before January 1.’’ Id. Today’s notice 

fulfills this obligation. 

The change in the cost of living as 

determined by the CPI–U during the 

period from the most recent index 

published before December 1, 2009, to 

the most recent index published before 

December 1, 2010, is 1.2%.1 Rounding 

to the nearest cent, the royalty rates for 

the secondary transmission of broadcast 

stations by satellite carriers for private 

home viewing and viewing in 

commercial establishments are 25 cents 

and 51 cents, respectively. 

List of Subjects in 37 CFR Part 386 

Copyright, Satellite, Television. 

Final Regulations 

■ For the reasons set forth in the 

preamble, part 386 of title 37 of the 

Code of Federal Regulations is amended 

as follows: 

PART 386—ADJUSTMENT OF 

ROYALTY FEES FOR SECONDARY 

TRANSMISSIONS BY SATELLITE 

CARRIERS 

■ 1. The authority citation for part 386 

continues to read as follows: 

Authority: 17 U.S.C. 119(c), 801(b)(1). 

■ 2. Section 386.2 is amended by 

revising paragraphs (b)(1)(ii) and 

(b)(2)(ii) as follows: 

§ 386.2 Royalty fee for secondary 

transmission by satellite carriers. 

* * * * * 


jdjones on DSK8KYBLC1PROD with RULES
Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Rules and Regulations 75625 

(b)(1) * * * 

(ii) 2011: 25 cents per subscriber per 

month; 

* * * * * 

(2) * * * 

(ii) 2011: 51 cents per subscriber per 

month; 

* * * * * 

Dated: November 30, 2010. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2010–30416 Filed 12–3–10; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–0561–201053(c); 

FRL–9235–4] 

Approval and Promulgation of 

Implementation Plans; North Carolina: 

Greensboro-Winston-Salem-High 

Point; Determination of Attaining Data 

for the 1997 Fine Particulate Matter 

Standard; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: On January 4, 2010, EPA 

published a final rule determining that 

the Greensboro-Winston-Salem-High 

Point nonattainment area (hereafter 

referred to as the ‘‘Greensboro Area’’) has 

attaining data for the 1997 fine 

particulate matter (PM2.5) National 

Ambient Air Quality Standard 

(NAAQS). This action corrects a 

typographical error in the regulatory 

language in paragraph (e) of EPA’s 

January 4, 2010, final rule. 

DATES: This action is effective December 

6, 2010. 

ADDRESSES: Copies of the 

documentation used in the action being 

corrected are available for inspection 

during normal business hours at the 

following location: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street, SW., Atlanta, Georgia 30303– 

8960. The Regional Office’s official 

hours of business are Monday through 

Friday, 8:30 to 4:30, excluding Federal 

holidays. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Lynorae Benjamin, Chief, 

Regulatory Development Section, Air 

Planning Branch, Air, Pesticides and 

Toxics Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street, SW., 

Atlanta, Georgia 30303–8960. 

Ms. Benjamin can be reached at 404– 

562–9040, or via electronic mail at 

benjamin.lynorae@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

action corrects a typographical error in 

the regulatory language for an entry that 

appears in paragraph (e) of North 

Carolina’s Identification of Plan at 

40 CFR 52.1781. The final action, which 

determined that the Greensboro Area 

has attaining data for the 1997 PM2.5

NAAQS, was approved by EPA on 

January 4, 2010 (75 FR 56). However, 

EPA inadvertently cited 40 CFR 

52.1004(c) as the section of the Code of 

Federal Regulations (CFR) that suspends 

the requirements for areas attaining the 

1997 PM2.5 NAAQS to submit an 

attainment demonstration, associated 

reasonably available control measures, a 

reasonable further progress plan, 

contingency measures, and other 

planning state implementation plans 

related to attainment of the PM2.5

NAAQS. The correct citation is 40 CFR 

51.1004(c). Therefore, EPA is correcting 

this typographical error by inserting 

51.1004(c) into paragraph (e) of 40 CFR 

52.1781. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’ 

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’ 

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

impracticable, unnecessary, or contrary 

to the public interest. Public notice and 

comment for this action are unnecessary 

because today’s action to correct an 

inadvertent error contained in 

paragraph (e) of 40 CFR 52.1781 of the 

rulemaking and has no substantive 

impact on EPA’s January 4, 2010, 

approval. In addition, EPA can identify 

no particular reason why the public 

would be interested in being notified of 

the correction, or in having the 

opportunity to comment on the 

correction prior to this action being 

finalized, since this correction action 

does not change the meaning of EPA’s 

analysis or action to approve the 

addition of paragraph (e) to 40 CFR 

52.1781. 

EPA also finds that there is good 

cause under APA section 553(d)(3) for 

this correction to become effective on 

the date of publication of this action. 

Section 553(d)(3) of the APA allows an 

effective date less than 30 days after 

publication ‘‘as otherwise provided by 

the agency for good cause found and 

published with the rule.’’ 5 U.S.C. 

553(d)(3). The purpose of the 30-day 

waiting period prescribed in APA 

section 553(d)(3) is to give affected 

parties a reasonable time to adjust their 

behavior and prepare before the final 

rule takes effect. Today’s rule, however, 

does not create any new regulatory 

requirements such that affected parties 

would need time to prepare before the 

rule takes effect. Rather, today’s action 

merely corrects a typographical error in 

paragraph (e) of a prior rulemaking by 

correcting the citation as identified 

above in 40 CFR 52.1781 in a revision, 

which EPA approved on January 4, 

2010. For these reasons, EPA finds good 

cause under APA section 553(d)(3) for 

this correction to become effective on 

the date of publication of this action. 

Statutory and Executive Order Reviews 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. For 

this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, 

May 22, 2001). This action merely 

corrects a typographical error in 

paragraph (e) of a prior rulemaking by 

correcting the citation as identified 

above in 40 CFR 52.1781, which EPA 

approved on January 4, 2010, and 

imposes no additional requirements 

beyond those imposed by State law. 

Accordingly, the Administrator certifies 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). Because this rule merely 

corrects an inadvertent error in 

paragraph (e) of a prior rule, and does 

not impose any additional enforceable 

duty beyond that required by State law, 

it does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4). 

This rule also does not have Tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian Tribes, on the relationship 

between the Federal Government and 

Indian Tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian Tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

rule also does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 


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