53198 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 

c. Review Under the National 

Environmental Policy Act. The Corps 

expects that the final rule will not have 

a significant impact to the quality of the 

human environment and, therefore, 

preparation of an environmental impact 

statement will not be required. An 

environmental assessment has been 

prepared and it may be reviewed at the 

District office listed at the end of the 

FOR FURTHER INFORMATION CONTACT, 

above. If we receive adverse comment, 

an environmental assessment will be 

prepared for the subsequent final rule. 

d. Unfunded Mandates Act. The final 

rule does not impose an enforceable 

duty among the private sector and, 

therefore, are not a Federal private 

sector mandate and are not subject to 

the requirements of Section 202 or 205 

of the Unfunded Mandates Reform Act 

(Pub. L. 104–4, 109 Stat. 48, 2 U.S.C. 

1501 et seq.). We have also found under 

Section 203 of the Act, that small 

governments will not be significantly or 

uniquely affected by this rulemaking. 

List of Subjects in 33 CFR Part 334 

Danger zones, Navigation (water), 

Restricted areas, Waterways. 

■ For the reasons set out in the 

preamble, the Corps amends 33 CFR 

part 334 as follows: 

PART 334—DANGER ZONE AND 

RESTRICTED AREA REGULATIONS 

■ 1. The authority citation for 33 CFR 

part 334 continues to read as follows: 

Authority: 40 Stat. 266 (33 U.S.C. 1) and 

40 Stat. 892 (33 U.S.C. 3). 

■ 2. Revise § 334.450 as follows: 

§ 334.450 Cape Fear River and tributaries 

at Sunny Point Army Terminal, Brunswick 

County, NC; restricted area. 

(a) The area. That portion of Cape 

Fear River due west of the main ship 

channel extending from U.S. Coast 

Guard buoy No. 35 (34°02′03.218′′ N, 

077°56′28.755′′ W) at the north approach 

channel to Sunny Point Army Terminal 

to U.S. Coast Guard buoy No. 27 

(33°58′16.12′′ N, 077°56′59.736′′ W) at 

the south approach channel to Sunny 

Point Army Terminal and all waters of 

its tributaries therein. 

(b) Except in cases of extreme 

emergency, all persons or vessels of any 

size or rafts other than those authorized 

by the Commander, Sunny Point Army 

Terminal, are prohibited from entering 

this area without prior permission of the 

enforcing agency. 

(c) The regulations in this section 

shall be enforced by the Commander, 

Sunny Point Army Terminal, Southport, 

North Carolina, and such agencies as 

he/she may designate. 

Dated: August 13, 2010. 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. 2010–21752 Filed 8–30–10; 8:45 am] 

BILLING CODE 3720–58–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 386 

[Docket No. 2010–4 CRB Satellite Rate] 

Rate Adjustment for the Satellite 

Carrier Compulsory License 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing final regulations setting 

the rates for the satellite carrier statutory 

license of the Copyright Act for the 

license period 2010–2014. 

DATES: Effective Date: August 31, 2010. 

Applicability Dates: These regulations 

apply to the license period January 1, 

2010, to December 31, 2014. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor, by 

telephone at (202) 707–7658 or e-mail at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: On June 9, 

2010, the Copyright Royalty Judges 

(‘‘Judges’’) received from the Program 

Suppliers and the Joint Sports 

Claimants (collectively, the ‘‘Copyright 

Owners’’) and DIRECTV, Inc., DISH 

Network, LLC, and National 

Programming Service, LLC (collectively, 

the ‘‘Satellite Carriers’’) a voluntary 

agreement negotiated pursuant to 17 

U.S.C. 119 proposing rates for the 

satellite carrier statutory license for the 

period 2010–2014. The Copyright 

Owners and Satellite Carriers 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). As required by section 

119(c)(1)(D)(ii)(II), the Judges published 

for comment the proposed rates in the 

Federal Register. 75 FR 39891 (July 13, 

2010). 

Section 119(c)(1)(D)(ii)(III) provides 

that the Judges shall adopt the 

negotiated rates ‘‘unless a party with an 

intent to participate in the proceeding 

and a significant interest in the outcome 

of that proceeding objects under clause 

(II).’’ Objections to the proposed rates 

were to be submitted no later than 

August 12, 2010. No objections were 

submitted. 

Having received no objections to the 

proposed rates, the Judges are now 

adopting as final the proposed rates as 

published on July 13, 2010. See 75 FR 

39891. 

List of Subjects in 37 CFR Part 386 

Copyright, Satellite, Television. 

Final Regulations 

■ For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

are adding part 386 to Chapter III of title 

37 of the Code of Federal Regulations to 

read as follows: 

PART 386—ADJUSTMENT OF 

ROYALTY FEES FOR SECONDARY 

TRANSMISSIONS BY SATELLITE 

CARRIERS 

Sec. 

386.1 General. 

386.2 Royalty fee for secondary 

transmission by satellite carriers. 

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

§ 386.1 General. 

This part 386 adjusts the rates of 

royalties payable under the statutory 

license for the secondary transmission 

of broadcast stations under 17 U.S.C. 

119. 

§ 386.2 Royalty fee for secondary 

transmission by satellite carriers. 

(a) General. (1) For purposes of this 

section, Per subscriber per month shall 

mean for each subscriber subscribing to 

the station in question (or to a package 

including such station) on the last day 

of a given month. 

(2) In the case of a station engaged in 

digital multicasting, the rates set forth in 

paragraph (b) of this section shall apply 

to each digital stream that a satellite 

carrier or distributor retransmits 

pursuant to 17 U.S.C. 119, provided 

however that no additional royalty shall 

be paid for the carriage of any material 

related to the programming on such 

stream. 

(b) Rates—(1) Private home viewing. 

The rates applicable to Satellite Carriers’ 

carriage of each broadcast signal for 

private home viewing shall be as 

follows: 

(i) 2010: 25 cents per subscriber per 

month (for each month of 2010); 

(ii) 2011: The 2010 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items for 

October 2009 to October 2010; 

(iii) 2012: The 2011 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items for 

October 2010 to October 2011; 


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Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 53199 

(iv) 2013: The 2012 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items from 

October 2011 to October 2012; 

(v) 2014: The 2013 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items from 

October 2012 to October 2013. 

(2) Viewing in commercial 

establishments. The rates applicable to 

Satellite Carriers’ carriage of each 

broadcast signal for viewing in 

commercial establishments shall be as 

follows: 

(i) 2010: 50 cents per subscriber per 

month (for each month of 2010); 

(ii) 2011: The 2010 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items from 

October 2009 to October 2010; 

(iii) 2012: The 2011 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items from 

October 2010 to October 2011; 

(iv) 2013: The 2012 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items for 

October 2011 to October 2012; 

(v) 2014: The 2013 rate, adjusted for 

the amount of inflation as measured by 

the change in the Consumer Price Index 

for all Urban Consumers All Items from 

October 2012 to October 2013. 

Dated: August 26, 2010. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2010–21684 Filed 8–30–10; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 1 

RIN 2900–AN14 

Deceased Indebted Servicemembers 

and Veterans: Authority Concerning 

Certain Indebtedness 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule. 

SUMMARY: This document amends 

Department of Veterans Affairs (VA) 

regulations to implement certain 

statutory provisions that grant limited 

authority to the Secretary of Veterans 

Affairs to terminate collection action on 

certain debts arising from a VA benefit 

program when the indebted individual 

is a member of the Armed Forces or a 

veteran who dies as a result of injury 

incurred or aggravated in the line of 

duty while serving in a theater of 

combat operations in a war or in combat 

against a hostile force during a period of 

hostilities on or after September 11, 

2001, and to refund amounts collected 

after the individual’s death. This 

document also implements statutory 

provisions that grant the Secretary 

discretionary authority to suspend or 

terminate collection of debts owed to 

VA by individuals who died while 

serving on active duty as a member of 

the Army, Navy, Air Force, Marine 

Corps, or Coast Guard during a period 

when the Coast Guard is operating as a 

service in the Navy, and to refund 

amounts collected after the individual’s 

death. 

DATES: Effective Date: September 30, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Peter Mulhern, Office of Financial 

Policy (047G), Department of Veterans 

Affairs, 810 Vermont Avenue, NW., 

Washington, DC 20420, (202) 461–6487. 

(This is not a toll-free number.) 

SUPPLEMENTARY INFORMATION: On June 

30, 2008, Congress enacted the Combat 

Veterans Debt Elimination Act of 2008, 

Public Law 110–252, of which section 

1303 amended chapter 53 of title 38, 

United States Code, to add a new 

section (38 U.S.C. 5302A) to grant 

limited authority to the Secretary of 

Veterans Affairs to terminate collection 

action on certain debts arising from an 

individual’s indebtedness from a VA 

benefit program. 

The indebted individual must be a 

member of the Armed Forces or a 

veteran who dies as a result of injury 

incurred or aggravated in the line of 

duty while serving in a theater of 

combat operations, as determined by the 

Secretary in consultation with the 

Secretary of Defense, in a war or in 

combat against a hostile force during a 

period of hostilities on or after 

September 11, 2001. This authority may 

be exercised in the Secretary’s 

discretion when determined to be in the 

best interest of the United States. This 

authority does not apply to any amounts 

owed the United States under any 

program carried out under the authority 

of 38 U.S.C. chapter 37 relating to 

housing and small business loans. This 

legislation eliminates the need to 

contact family members and avoids 

further hardship on them. Instead, it 

demonstrates appreciation for sacrifice 

on behalf of a grateful Nation. 

Section 1303 of Public Law 110–252 

also states that in any case where all or 

any part of a debt of a covered 

individual, as described in 38 U.S.C. 

5302A(a), was collected on or after 

September 11, 2001, but before the date 

of Public Law 110–252, enacted on June 

30, 2008, the Secretary may refund the 

amount collected if, in the Secretary’s 

determination, collection of the 

indebtedness would have been 

terminated had section 5302A been in 

effect at the time, and the individual is 

equitably entitled to such a refund. 

On October 10, 2008, Congress 

enacted the Veterans’ Benefits 

Improvement Act of 2008, Public Law 

110–389, of which section 801 amended 

31 U.S.C. 3711(f) to grant limited 

authority to the Secretary to suspend or 

terminate action by the Secretary to 

collect a claim against the estate of a 

person who died while serving on active 

duty as a member of the Army, Navy, 

Air Force, Marine Corps, or Coast Guard 

during a period when the Coast Guard 

is operating as a service in the Navy. 

The Secretary must determine that, 

under circumstances applicable with 

respect to the deceased person, it is 

appropriate to do so. Section 801 of 

Public Law 110–389 also grants the 

Secretary the authority to refund to the 

estate of the deceased member any 

amount collected by the Secretary from 

a member who died while serving on 

active duty as a member of the Armed 

Forces if the Secretary determines that, 

under the circumstances applicable 

with respect to the deceased person, it 

is appropriate to do so, whether 

collected before, on, or after October 10, 

2008. 

In a document published in the 

Federal Register on August 7, 2009, VA 

published the proposed rule associated 

with this document, see 74 FR 39589, 

which would implement the provisions 

of 38 U.S.C. 5302A and 31 U.S.C. 

3711(f). In that document, we proposed 

to add 38 CFR 1.945 to implement the 

Secretary’s limited authority to suspend 

or terminate collection action on certain 

debts arising from an individual’s 

indebtedness from a VA benefit 

program. Under proposed § 1.945, the 

individual must either be a person who 

died while serving on active duty after 

September 11, 2001, as a member of the 

Army, Navy, Air Force, Marine Corps, 

or Coast Guard during a period when 

the Coast Guard is operating as a service 

in the Navy or the individual must be 

a member of the Armed Forces or a 

veteran who dies as a result of injury 

incurred or aggravated in the line of 

duty while serving in a theater of 

combat operations, as determined by the 

Secretary in consultation with the 

Secretary of Defense, in a war or in 

combat against a hostile force during a 

period of hostilities after September 11, 

2001. 


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