Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Proposed Rules 16387 

§ 380.26 Verification of royalty 

distributions. 

(a) General. This section prescribes 

procedures by which any Copyright 

Owner or Performer may verify the 

royalty distributions made by the 

Collective; Provided, however, that 

nothing contained in this section shall 

apply to situations where a Copyright 

Owner or Performer and the Collective 

have agreed as to proper verification 

methods. 

(b) Frequency of verification. A 

Copyright Owner or Performer may 

conduct a single audit of the Collective 

upon reasonable notice and during 

reasonable business hours, during any 

given calendar year, for any or all of the 

prior 3 calendar years, but no calendar 

year shall be subject to audit more than 

once. 

(c) Notice of intent to audit. A 

Copyright Owner or Performer must file 

with the Copyright Royalty Board a 

notice of intent to audit the Collective, 

which shall, within 30 days of the filing 

of the notice, publish in the Federal 

Register a notice announcing such 

filing. The notification of intent to audit 

shall be served at the same time on the 

Collective. Any audit shall be 

conducted by an independent Qualified 

Auditor identified in the notice, and 

shall be binding on all Copyright 

Owners and Performers. 

(d) Acquisition and retention of 

report. The Collective shall use 

commercially reasonable efforts to 

obtain or to provide access to any 

relevant books and records maintained 

by third parties for the purpose of the 

audit. The Copyright Owner or 

Performer requesting the verification 

procedure shall retain the report of the 

verification for a period of not less than 

3 years. 

(e) Acceptable verification procedure. 

An audit, including underlying 

paperwork, which was performed in the 

ordinary course of business according to 

generally accepted auditing standards 

by an independent Qualified Auditor, 

shall serve as an acceptable verification 

procedure for all parties with respect to 

the information that is within the scope 

of the audit. 

(f) Consultation. Before rendering a 

written report to a Copyright Owner or 

Performer, except where the auditor has 

a reasonable basis to suspect fraud and 

disclosure would, in the reasonable 

opinion of the auditor, prejudice the 

investigation of such suspected fraud, 

the auditor shall review the tentative 

written findings of the audit with the 

appropriate agent or employee of the 

Collective in order to remedy any 

factual errors and clarify any issues 

relating to the audit; Provided that the 

appropriate agent or employee of the 

Collective reasonably cooperates with 

the auditor to remedy promptly any 

factual errors or clarify any issues raised 

by the audit. 

(g) Costs of the verification procedure. 

The Copyright Owner or Performer 

requesting the verification procedure 

shall pay the cost of the procedure, 

unless it is finally determined that there 

was an underpayment of 10% or more, 

in which case the Collective shall, in 

addition to paying the amount of any 

underpayment, bear the reasonable costs 

of the verification procedure. 

§ 380.27 Unclaimed funds. 

If the Collective is unable to identify 

or locate a Copyright Owner or 

Performer who is entitled to receive a 

royalty distribution under this subpart, 

the Collective shall retain the required 

payment in a segregated trust account 

for a period of 3 years from the date of 

distribution. No claim to such 

distribution shall be valid after the 

expiration of the 3-year period. After 

expiration of this period, the Collective 

may apply the unclaimed funds to offset 

any costs deductible under 17 U.S.C. 

114(g)(3). The foregoing shall apply 

notwithstanding the common law or 

statutes of any State. 

Dated: March 29, 2010. 

James Scott Sledge, 

Chief, U.S. Copyright Royalty Judge. 

[FR Doc. 2010–7368 Filed 3–31–10; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2007–1186–201013(b); 

FRL–9133–2] 

Approval and Promulgation of Air 

Quality Implementation Plan: 

Kentucky; Approval Section 110(a)(1) 

Maintenance Plan for the 1997 8-Hour 

Ozone Standard for the Owensboro 

Area; Limited Reopening of Comment 

Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; limited 

reopening of the comment period. 

SUMMARY: EPA is announcing a limited 

30-day reopening of the public comment 

period for the proposed rule entitled 

‘‘Approval and Promulgation of Air 

Quality Implementation Plan: Kentucky; 

Approval Section 110(a)(1) Maintenance 

Plan for the 1997 8–Hour Ozone 

Standard for the Owensboro Area,’’ for 

the purpose of limited public review 

and comment on supplemental 

information that was provided by the 

Commonwealth of Kentucky on July 15, 

2009, in support of the Owensboro Area 

110(a)(1) maintenance plan. The 

Owensboro, Kentucky Area consists of 

Daviess and a portion of Hancock 

Counties. The proposed rule was 

initially published in the Federal 

Register on January 20, 2010. The 

reason for this limited reopening of the 

comment period is that EPA has learned 

that supplemental information relating 

to projected emissions for the 

Owensboro Area that was referenced in 

the proposed rulemaking January 20, 

2010 (75 FR 3183) was inadvertently 

omitted from the electronic docket 

when that proposed rulemaking was 

published. EPA has since made that 

information available in the electronic 

docket and wants to ensure an 

opportunity for the public to comment 

on that information. The July 15, 2009, 

supplemental information can be 

viewed online at http:// 

www.regulations.gov using docket ID 

No. EPA–R04–OAR–2007–1186–0043. 

Thus, EPA is reopening the comment 

period for an additional thirty days, for 

the limited purpose of providing an 

opportunity for public comment only on 

the supplemental information added to 

the docket after publication of the 

proposed rulemaking. 

DATES: The comment period for the 

proposed rule published on January 20, 

2010 (75 FR 3183) is reopened. 

Comments must be received on or 

before May 3, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2007–1186, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: 404–562–9019. 

4. Mail: ‘‘EPA–R04–OAR–2007–1186,’’ 

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. 

5. Hand Delivery or Courier: 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. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation. The Regional Office’s official 


emcdonald on DSK2BSOYB1PROD with PROPOSALS-1
16388 Federal Register / Vol. 75, No. 62 / Thursday, April 1, 2010 / Proposed Rules 

hours of business are Monday through 

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

holidays. 

Instructions: Direct your comments to 

Docket ID No. ‘‘EPA–R04–OAR–2007– 

1186.’’ EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the comment includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

through http://www.regulations.gov or 

e-mail, information that you consider to 

be CBI or otherwise protected. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: EPA has established a docket 

for this action under Docket 

Identification No. EPA–R04–OAR– 

2007–1186. All documents in the docket 

are listed on the www.regulations.gov 

index. Although listed in the index, 

some information is not publicly 

available, i.e., CBI or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the 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. EPA 

requests that, if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 to 4:30, 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Zuri Farngalo, Regulatory Development 

Section, Air Planning Branch, Air, 

Pesticides and Toxics Management 

Division, Region 4, U.S. Environmental 

Protection Agency, 61 Forsyth Street, 

SW., Atlanta, Georgia 30303–8960. The 

telephone number is (404) 562–9152. 

Mr. Farngalo can also be reached via 

electronic mail at 

farngalo.zuri@epa.gov. 

SUPPLEMENTARY INFORMATION: The 

proposed rule was signed by the Acting 

Regional Administrator on January 20, 

2010, and published in the Federal 

Register on January 20, 2010 (75 FR 

3183). The comment period for this 

proposed action closed on February 19, 

2010. EPA did receive adverse 

comments during this public comment 

period. However, EPA noticed an 

inadvertent omission of the July 15, 

2009, supplement that Kentucky, 

provided from the electronic docket at 

http://www.regulations.gov. The July 15, 

2009, supplement (which was included 

in the electronic docket on February 4, 

2010), contains updated emissions 

inventory projections for both the 

Paducah and Owensboro Areas. Since 

EPA makes reference to this supplement 

in the January 20, 2010, proposed 

rulemaking, EPA is reopening the 

comment period for this proposed 

action for the limited purpose of 

allowing the public the opportunity to 

review and consider this supplemental 

information in regards to EPA’s 

proposed rulemaking. EPA is already in 

receipt of adverse comments provided 

for the initial proposed rulemaking 

published on January 20, 2010, for the 

Owensboro 110(a)(1) maintenance plan. 

These comments will still be under 

consideration for any final rulemaking 

action for this area’s 110(a)(1) 

maintenance plan. 

Dated: March 17, 2010. 

Beverly H. Banister, 

Acting Regional Administrator, Region 4. 

[FR Doc. 2010–7317 Filed 3–31–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2009–1014–201002; FRL– 

9133–1] 

Approval and Promulgation of 

Implementation Plans; Commonwealth 

of Kentucky: Prevention of Significant 

Deterioration and Nonattainment New 

Source Review Rules: Nitrogen Oxide 

as Precursor to Ozone 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to approve 

a revision to Kentucky’s State 

Implementation Plan (SIP), submitted 

by the Kentucky Energy and 

Environment Cabinet, through the 

Kentucky Division of Air Quality 

(KDAQ) to EPA on February 5, 2010. 

The proposed revision modifies 

Kentucky’s prevention of significant 

deterioration (PSD) and nonattainment 

new source review (NNSR) permitting 

regulations in the SIP to address permit 

requirements promulgated in the 1997 

8-Hour Ozone National Ambient Air 

Quality Standards (NAAQS) 

Implementation Rule—Phase 2 

(hereafter referred to as the ‘‘Ozone 

Implementation NSR Update’’). The 

Ozone Implementation NSR Update 

revised permit requirements relating to 

the implementation of the 1997 8-hour 

ozone NAAQS specifically 

incorporating nitrogen oxides (NOX) as 

a precursor to ozone. The proposed 

revision also includes provisions 

addressing permit requirements 

promulgated by EPA on May 1, 2007, 

which exclude from the NSR major 

source permitting requirements 

‘‘chemical process plants’’ that produce 

ethanol through a natural fermentation 

process (hereafter referred to as the 

‘‘Ethanol Rule’’.) 

DATES: Comments must be received on 

or before May 3, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R04– 

OAR–2009–1014, by one of the 

following methods: 

1. http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: benjamin.lynorae@epa.gov. 

3. Fax: (404) 562–9019. 

4. Mail: EPA–R04–OAR–2009–1014, 

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. 


emcdonald on DSK2BSOYB1PROD with PROPOSALS-1