Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations 5513 

■ 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. 

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

33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1 

■ 2. Add § 165.T07–0078 to read as 

follows: 

§ 165.T07–0078 Safety Zone; AICW 

Closure Safety Zone for Ben Sawyer Bridge 

Replacement Project, Sullivan’s Island, SC. 

(a) Location. The Coast Guard is 

establishing a temporary safety zone for 

the Ben Sawyer Bridge span 

replacement project at the Ben Sawyer 

Bridge located at Atlantic Intracoastal 

Waterway Mile 462.2 (32°46.22 N, 

079°50.31 W (NAD 1983)). The safety 

zone will encompass the entire 

waterway from 180 yards northwest of 

the Ben Sawyer Bridge to 220 yards 

southwest of the Bridge. 

(b) Definition. The following 

definition applies to this section: 

Designated representative means 

Coast Guard Patrol Commanders 

including Coast Guard coxswains, petty 

officers, and other officers operating 

Coast Guard vessels, and federal, state, 

and local officers designated by or 

assisting the Captain of the Port 

Charleston, South Carolina. 

(c) Regulations. In accordance with 

the general regulations in § 165.23 of 

this part, no person or vessel may 

anchor, moor, or transit the safety zone 

without permission of the Captain of the 

Port Charleston, South Carolina, or his 

designated representative. The Coast 

Guard will issue a broadcast notice to 

mariners to advise mariners of the 

restriction. 

(d) Effective Period. This rule will be 

enforced from 7 a.m. February 3, 2010 

through 11:59 p.m. February 13, 2010. 

M.F. McAllister, 

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

Port Charleston South Carolina. 

[FR Doc. 2010–2215 Filed 2–2–10; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 382 

[Docket No. 2006–1 CRB DSTRA] 

Determination of Rates and Terms for 

Preexisting Subscription Services and 

Satellite Digital Audio Radio Services 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing final regulations 

governing the rates for the preexisting 

satellite digital audio radio services’ use 

of the ephemeral recordings statutory 

license under the Copyright Act for the 

period 2007 through 2012. 

DATES: Effective Date: March 5, 2010. 

Applicability Dates: The regulations 

apply to the license period January 1, 

2007, through December 31, 2012. 

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: On 

January 24, 2008, the Copyright Royalty 

Judges (‘‘Judges’’) published in the 

Federal Register their determination of 

royalty rates and terms under the 

statutory license under Sections 112(e) 

and 114 of the Copyright Act, title 17 of 

the United States Code, for the period 

2007 through 2012 for preexisting 

satellite digital audio radio services 

(‘‘SDARS’’). 73 FR 4080. In 

SoundExchange, Inc. v. Librarian of 

Congress, 571 F.3d 1220, 1226 (D.C. Cir. 

2009), the U.S. Court of Appeals for the 

District of Columbia Circuit affirmed the 

Judges’ determination in all but one 

respect, remanding to the Judges the 

single matter of specifying a royalty for 

the use of the ephemeral recordings 

statutory license under Section 112(e) of 

the Copyright Act. By order dated 

October 22, 2009, the Judges established 

a period from November 2, 2009, 

through December 2, 2009, for 

SoundExchange, Inc. and Sirius XM 

Radio Inc. (collectively, the ‘‘Parties’’) to 

negotiate and submit a settlement of the 

ephemeral royalty rate issue that was 

the subject of the remand. 

On November 24, 2009, the Parties 

submitted their settlement of the 

remanded issue. Subsequently, the 

Judges published for comment the 

proposed change in the rule necessary 

to implement that settlement pursuant 

to the order of remand from the U.S. 

Court of Appeals for the District of 

Columbia Circuit. 74 FR 66601 

(December 16, 2009). Comments were 

due to be filed by no later than January 

15, 2010. Having received no comments 

or objections to the proposed change, 

the Judges are now adopting as final the 

proposed change as published on 

December 16, 2009. See 74 FR 66601. 

As noted in the December 16 

publication, pursuant to the Parties’ 

settlement, the change to the regulations 

at 37 CFR 382.12 adopted today do not 

disturb the combined Section 112(e)/ 

114 royalty previously set by the Judges 

but do specify that five percent of the 

combined royalty will be considered the 

Section 112(e) royalty, while the 

balance of the royalty is attributable to 

the Section 114 license. 

List of Subjects in 37 CFR Part 382 

Copyright, Digital audio 

transmissions, Performance right, Sound 

recordings. 

Final Regulations 

■ For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

amend part 382 of title 37 of the Code 

of Federal Regulations as follows: 

PART 382—RATES AND TERMS FOR 

DIGITAL TRANSMISSIONS OF SOUND 

RECORDINGS AND THE 

REPRODUCTION OF EPHEMERAL 

RECORDINGS BY PREEXISTING 

SUBSCRIPTION SERVICES AND 

PREEXISTING SATELLITE DIGITAL 

AUDIO RADIO SERVICES 

■ 1. The authority citation for part 382 

continues to read as follows: 

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

801(b)(1). 

■ 2. Section 382.12 is revised to read as 

follows: 

§ 382.12 Royalty fees for the public 

performance of sound recordings and the 

making of ephemeral recordings. 

(a) In general. The monthly royalty fee 

to be paid by a Licensee for the public 

performance of sound recordings 

pursuant to 17 U.S.C. 114(d)(2) and the 

making of any number of ephemeral 

phonorecords to facilitate such 

performances pursuant to 17 U.S.C. 

112(e) shall be the percentage of 

monthly Gross Revenues resulting from 

Residential services in the United States 

as follows: for 2007 and 2008, 6.0%; for 

2009, 6.5%; for 2010, 7.0%; for 2011, 

7.5%; and for 2012, 8.0%. 

(b) 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 Term for 

which it pays royalties as and when 

WReier-Aviles on DSKGBLS3C1PROD with RULES

5514 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations 

provided in this subpart shall be 

included within, and constitute 5% of, 

such royalty payments. 

Dated: January 28, 2010. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2010–2219 Filed 2–2–10; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R05–OAR–2009–0771; FRL–9108–7] 

Approval and Promulgation of Air 

Quality Implementation Plans; Indiana; 

Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correcting 

amendment. 

SUMMARY: This document corrects an 

error in the amendatory instruction in a 

November 20, 2009 final rule pertaining 

to the Indiana State Implementation 

Plan (SIP) revision updating the 

definition of ‘‘References to the Code of 

Federal Regulations,’’ to refer to the 

2008 edition. The amendatory 

instruction in that rulemaking conflicts 

with the actual amendment language. 

EPA, therefore, is correcting the 

erroneous amendatory instructions. 

DATES: Effective Date: This final rule is 

effective on February 3, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Christos Panos, Environmental 

Engineer, Criteria Pollutant Section, Air 

Programs Branch (AR–18J), 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

Chicago, Illinois 60604, (312) 353–8328, 

panos.christos@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA 

published a final rule document on 

November 20, 2009, (74 FR 60197) 

approving Indiana’s request to revise the 

Indiana SIP by updating the definition 

of ‘‘References to the Code of Federal 

Regulations,’’ to refer to the 2008 

edition. In this approval EPA 

erroneously identified the paragraph 

being added to 40 CFR 52.770. The 

amendatory instruction in that 

rulemaking conflicts with the actual 

amendment language. The amendatory 

language says to add paragraph (c)(192), 

but the actual language being added is 

for paragraph (c)(191). Therefore, the 

amendatory instruction should have 

referred to paragraph (c)(191). 

Correction 

In the final rule published in the 

Federal Register on November 20, 2009, 

(74 FR 60197), on page 60199, second 

column, in amendatory instruction 2, in 

the second line, ‘‘* * * adding 

paragraph (c)(192) * * *’’ should have 

read: ‘‘* * * adding paragraph (c)(191) 

***’’. 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making today’s rule final 

without prior proposal and opportunity 

for comment because we are merely 

correcting an incorrect citation in a 

previous action. Thus, notice and public 

procedure are unnecessary. We find that 

this constitutes good cause under 5 

U.S.C. 553(b)(B). 

Statutory and Executive Order Reviews 

Under Executive Order (E.O.) 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore 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). Because the agency has made 

a ‘‘good cause’’ finding that this action 

is not subject to notice-and-comment 

requirements under the Administrative 

Procedures Act or any other statute as 

indicated in the Supplementary 

Information section, above, it is not 

subject to the regulatory flexibility 

provisions of the Regulatory Flexibility 

Act (5 U.S.C. 601 et seq.) or to sections 

202 and 205 of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (Pub. L. 

104–4). In addition, this action does not 

significantly or uniquely affect small 

governments or impose a significant 

intergovernmental mandate, as 

described in sections 203 and 204 of 

UMRA. This rule also does 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), nor 

will it 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 governments, as specified by 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This rule also is not 

subject to Executive Order 13045 (62 FR 

19885, April 23, 1997), because it is not 

economically significant. 

This technical correction action does 

not involve technical standards; thus 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. The rule also 

does not involve special consideration 

of environmental justice related issues 

as required by Executive Order 12898 

(59 FR 7629, February 16, 1994). In 

issuing this rule, EPA has taken the 

necessary steps to eliminate drafting 

errors and ambiguity, minimize 

potential litigation, and provide a clear 

legal standard for affected conduct, as 

required by section 3 of Executive Order 

12988 (61 FR 4729, February 7, 1996). 

EPA has complied with Executive Order 

12630 (53 FR 8859, March 15, 1998) by 

examining the takings implications of 

the rule in accordance with the 

‘‘Attorney General’s Supplemental 

Guidelines for the Evaluation of Risk 

and Avoidance of Unanticipated 

Takings’’ issued under the executive 

order. This rule does not impose an 

information collection burden under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.) 

The Congressional Review Act (5 

U.S.C. 801 et seq.), as added by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. Section 808 allows 

the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure is impracticable, 

unnecessary or contrary to the public 

interest. This determination must be 

supported by a brief statement. 5 U.S.C. 

808(2). As stated previously, EPA had 

made such a good cause finding, 

including the reasons therefore, and 

established an effective date of February 

3, 2010. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. This correction to 

40 CFR 52 for Indiana is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

WReier-Aviles on DSKGBLS3C1PROD with RULES