Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices 455 

requested administrative 

reconsideration of the Department’s 

negative determination. The request for 

reconsideration alleged that Gensym 

produced software and that there may 

have been a shift of production to at 

least one foreign country. 

The Department issued a Notice of 

Affirmative Determination Regarding 

Application of Reconsideration on 

March 2, 2009. The Department’s Notice 

of Determination was published in the 

Federal Register on March 11, 2009 (74 

FR 10616). 

The reconsideration determination 

stated that Gensym did not produce 

software during the relevant period (the 

date one year prior to the petition date 

through the petition date). The 

Department concluded that because no 

production took place at Gensym during 

the relevant period, there could not 

have been a shift of production by 

Gensym to a foreign country during the 

relevant period and that the subject 

worker group could not have supported 

such domestic production during the 

relevant period. 

The Department’s Notice of Negative 

Determination of Reconsideration was 

issued on April 21, 2009. The 

Department’s Notice of determination 

was published in the Federal Register 

on April 30, 2009 (74 FR 19997). 

In the Complaint, the Plaintiff asserts 

that ‘‘new releases’’ of existing software 

were produced during the relevant 

period, and provided a copy of a 

Gensym news release (‘‘Gensym 

Announces Release of Gensym G2 8.3 

R2,’’ Austin, Texas, March 20, 2008). 

In order to determine whether the 

subject workers meet the TAA group 

eligibility requirements, the Department 

must first determine whether or not an 

article was produced at the subject firm, 

then determine whether the subject 

workers are adversely impacted by 

increased imports of articles like or 

directly competitive with those 

produced by the subject firm or by a 

shift in production abroad of articles 

like or directly competitive with articles 

produced by the subject firm. 

In order for a worker group to qualify 

for TAA as primary workers, they must 

either be (1) engaged in domestic 

production, or (2) in support of an 

affiliated domestic production facility. 

Where the workers support production, 

the facility that they support must be 

import-impacted or have shifted 

production pursuant to Section 

222(a)(2)(B). 

The requirement that the firm 

employing the subject workers produce 

an article domestically was stated in the 

Notice of Revised Determination on 

Remand for Lands’ End, A Subsidiary of 

Sears Roebuck and Company, Business 

Outfitters CAD Operations, Dodgeville, 

Wisconsin, TA–W–56,688 (issued on 

March 24, 2006, published at 71 FR 

18357). The determination also stated 

that articles can be either tangible or 

intangible. Software code, software 

enhancements/updates, software 

‘‘patches’’ and new releases of existing 

software are considered articles, for 

purposes of the Trade Act. 

During the remand investigation, the 

Department sought from Gensym 

information regarding the software 

releases identified in Plaintiff’s support 

documentation (‘‘Gensym Announces 

Release of Gensym G2 8.3 R2’’ news 

release). Based on information 

submitted during the course of the 

remand investigation, the Department 

also sought information from Gensym 

regarding articles (software updates/ 

enhancements) produced at its Austin, 

Texas facility during the relevant period 

and the relationship between GensymMA and the Austin, Texas facility. 

The Department had requested that 

Plaintiff’s counsel provide new and 

additional information that Plaintiff 

indicated was relevant to the remand 

investigation, but did not receive any 

such information. Therefore, the remand 

determination is based solely on new 

information provided by Gensym. 

During the remand investigation, 

Gensym confirmed that the firm did 

produce updates/enhancements for 

existing software products. Gensym also 

provided new information that revealed 

that production of software updates/ 

enhancements was shifted abroad and 

that the shift was followed by increased 

imports of articles like or directly 

competitive with those produced by 

Gensym. 

Based on the new information 

provided by Gensym during the remand 

investigation, the Department 

determines that the criteria set forth in 

Section 222(a)(2)(B) has been satisfied. 

In accordance with Section 246 the 

Trade Act of 1974 (26 U.S.C. 2813), as 

amended, the Department herein 

presents the results of its investigation 

regarding certification of eligibility to 

apply for ATAA. 

The Department has determined in 

the immediate case that the group 

eligibility requirements of Section 246 

have been met. 

A significant number of workers at 

Gensym-MA are age 50 or over and 

possess skills that are not easily 

transferable. Competitive conditions 

within the industry are adverse. 

Conclusion 

After careful review of the facts 

generated through the remand 

investigation, I determine that a shift of 

production to a foreign country by 

Gensym of articles like or directly 

competitive with software updates/ 

enhancements, followed by increased 

imports of articles like or directly 

competitive with those produced by 

Gensym, contributed to the total or 

partial separation of a significant 

number or proportion of workers at 

Gensym Corporation, Burlington, 

Massachusetts. 

In accordance with the provisions of 

the Act, I make the following 

certification: 

All workers of Gensym Corporation, a 

subsidiary of Versata Enterprises, Inc., 

Burlington, Massachusetts, who became 

totally or partially separated from 

employment on or after December 2, 2007, 

through two years from the issuance of this 

revised determination, are eligible to apply 

for Trade Adjustment Assistance under 

Section 223 of the Trade Act of 1974, and are 

eligible to apply for alternative trade 

adjustment assistance under Section 246 of 

the Trade Act of 1974. 

Signed at Washington, DC, this 23rd day of 

December 2009. 

Richard Church, 

Certifying Officer, Division of Trade 

Adjustment Assistance. 

[FR Doc. E9–31387 Filed 1–4–10; 8:45 am] 

BILLING CODE 4510–FN–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 2010–1 CRB Cable Rate] 

Adjustment of Cable Statutory License 

Royalty Rates 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice announcing 

commencement of proceeding with 

request for Petitions to Participate. 

SUMMARY: The Copyright Royalty Judges 

are announcing the commencement of 

the proceeding to adjust the rates for the 

cable statutory license. The Copyright 

Royalty Judges also are announcing the 

date by which a party who wishes to 

participate in the rate adjustment 

proceeding must file its Petition to 

Participate and the accompanying $150 

filing fee. 

DATES: Petitions to Participate and the 

filing fee are due no later than February 

4, 2010. 

ADDRESSES: An original, five copies, and 

an electronic copy in Portable 

Document Format (PDF) on a CD of the 

Petition to Participate, along with the 

$150 filing fee, may be delivered to the 

Copyright Royalty Board by either mail 


srobinson on DSKHWCL6B1PROD with PROPOSALS
456 Federal Register / Vol. 75, No. 2 / Tuesday, January 5, 2010 / Notices 

1For large cable systems which retransmit only 

local broadcast stations, there is a minimum royalty 

fee which must be paid. This minimum fee is not 

applied, however, once the cable system carries one 

or more distant signals. 

or hand delivery. Petitions to Participate 

and the $150 filing fee may not be 

delivered by an overnight delivery 

service other than the U.S. Postal 

Service Express Mail. If by mail 

(including overnight delivery), Petitions 

to Participate, along with the $150 filing 

fee, must be addressed to: Copyright 

Royalty Board, P.O. Box 70977, 

Washington, DC 20024–0977. If hand 

delivered by a private party, Petitions to 

Participate, along with the $150 filing 

fee, must be brought between 8:30 a.m. 

and 5 p.m. to the Library of Congress, 

James Madison Memorial Building, LM– 

401, 101 Independence Avenue, SE., 

Washington, DC 20559–6000. If 

delivered by a commercial courier, 

Petitions to Participate, along with the 

$150 filing fee, 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. The envelope must be 

addressed to: Copyright Royalty Board, 

Library of Congress, James Madison 

Memorial Building, LM–403, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, CRB Program Specialist, 

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

SUPPLEMENTARY INFORMATION: 

Background 

Section 111 of the Copyright Act, title 

17 of the United States Code, grants a 

statutory copyright license to cable 

television systems for the 

retransmission of over-the-air television 

and radio broadcast stations to their 

subscribers. In exchange for the license, 

cable operators submit royalties, along 

with statements of account detailing 

their retransmissions, to the Copyright 

Office on a semi-annual basis. The 

Office then deposits the royalties with 

the United States Treasury for later 

distribution to copyright owners of the 

broadcast programming retransmitted by 

cable systems. 

A cable system calculates its royalty 

payments in accordance with the 

statutory formula described in 17 U.S.C. 

111(d). Royalty fees are based upon the 

gross receipts received by a cable system 

from subscribers receiving retransmitted 

broadcast signals. Section 111(d) 

subdivides cable systems into three 

categories based on their gross receipts: 

small, medium, and large. Small 

systems pay a fixed amount without 

regard to the number of broadcast 

signals they retransmit, while mediumsized systems pay a royalty within a 

specified range, with a maximum 

amount, based on the number of signals 

they retransmit. Large cable systems 

calculate their royalties according to the 

number of distant broadcast signals 

which they retransmit to their 

subscribers.1 Under this formula, a large 

cable system is required to pay a 

specified percentage of its gross receipts 

for each distant signal that it 

retransmits. 

Congress established the initial gross 

receipts limitations that determine a 

cable system’s size and provided the 

gross receipts percentages (i.e., the 

royalty rates) for distant signals. 17 

U.S.C. 111(d)(1). It also provided for 

adjustment of both the gross receipts 

limitations and the distant signal rates. 

17 U.S.C. 801(b)(2). The limitations and 

rates can be adjusted to reflect national 

monetary inflation, changes in the 

average rates charged by cable systems 

for the retransmissions of broadcast 

signals, or changes in certain cable rules 

of the Federal Communications 

Commission in effect on April 15, 1976. 

17 U.S.C. 801(b)(2)(A), (B), (C), and (D). 

Prior rate adjustments of the Copyright 

Royalty Tribunal or Librarian of 

Congress made under section 

801(b)(2)(B) and (C) may be 

reconsidered at five-year intervals. 17 

U.S.C. 804(b). The current gross receipts 

limitations and rates are set forth in 37 

CFR 256.2. Rate adjustments are now 

made by the Copyright Royalty Judges. 

Section 804 of the Copyright Act 

provides that the gross receipts and 

royalty rates may be adjusted every five 

years beginning with 2005, thus making 

2010 a royalty adjustment year, upon 

the filing of a petition to initiate a 

proceeding. 17 U.S.C. 804(b)(1). 

However, since no petition has been 

filed pursuant to section 804(b)(1), 

section 803(b)(1)(A)(i)(V) requires the 

Judges to publish a Federal Register 

notice no later than January 5, 2010, 

commencing this proceeding. 

Petitions to Participate 

Petitions to Participate must be filed 

in accordance with § 351.1(b) of the 

Judges’ regulations. See 37 CFR 

351.1(b). Petitions to Participate must be 

accompanied by the $150 filing fee. 

Cash will not be accepted; therefore, 

parties must pay the filing fee with a 

check or money order made payable to 

‘‘Copyright Royalty Board.’’ If a check 

received in payment of the filing fee is 

returned for lack of sufficient funds, the 

corresponding Petition to Participate 

will be dismissed. 

Note that in accordance with 37 CFR 

350.2 (Representation), only attorneys 

who are members of the bar in or more 

states and in good standing will be 

allowed to represent parties before the 

Copyright Royalty Judges, unless a party 

is an individual who represents herself 

or himself. 

Dated: December 23, 2009. 

William J. Roberts, Jr., 

U.S. Copyright Royalty Judge. 

[FR Doc. E9–30825 Filed 1–4–10; 8:45 am] 

BILLING CODE 1410–72–P 

NATIONAL SCIENCE FOUNDATION 

Agency Information Collection 

Activities: Proposed Collection, 

Comment Request 

AGENCY: National Science Foundation. 

ACTION: Notice. 

SUMMARY: The National Science 

Foundation (NSF) is announcing plans 

to request clearance for this collection. 

In accordance with the requirement of 

Section 3506(c)(2)(A) of the Paperwork 

Reduction Act of 1995, we are providing 

opportunity for public comment on this 

action. After obtaining and considering 

public comment, NSF will prepare the 

submission requesting OMB clearance 

of this collection for no longer than 

three years. 

Comments are invited on (a) whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Agency, 

including whether the information shall 

have practical utility; (b) the accuracy of 

the Agency’s estimate of the burden of 

the proposed collection of information; 

(c) ways to enhance the quality, utility, 

and clarity of the information on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology; 

and (d) ways to minimize the burden of 

the collection of information of 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

DATES: Written comments should be 

received by March 8, 2010, to be assured 

of consideration. Comments received 

after that date will be considered to the 

extent practicable. 

ADDRESSES: Written comments 

regarding the information collection and 

requests for copies of the proposed 

information collection request should be 

addressed to Suzanne Plimpton, Reports 

Clearance Officer, National Science 

Foundation, 4201 Wilson Boulevard, 

Room 295, Arlington, VA 22230, or by 

e-mail to splimpto@nsf.gov. 


srobinson on DSKHWCL6B1PROD with PROPOSALS