Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Proposed Rules 39891 

physical damage, it must be protected 

by rigid metal conduit or intermediate 

metal conduit. The conductors must be 

suitable for wet locations. Electrical 

metallic tubing or rigid nonmetallic 

conduit is permitted to be used when 

closely routed against frames and 

equipment enclosures. 

* * * * * 

(o) * * * 

(2) Conductors having an insulation 

suitable for the temperature 

encountered may be run from the 

appliance terminal connections to a 

readily accessible outlet box placed at 

least one foot from the appliance. If 

provided, these conductors must be in 

a suitable raceway or Type AC or MC 

cable, of at least 18 inches but not more 

than 6 feet in length. 

* * * * * 

49. In § 3280.813, revise paragraph (b) 

to read as follows: 

§ 3280.813 Outdoor outlets, fixtures, airconditioning equipment, etc. 

* * * * * 

(b) A manufactured home provided 

with a branch circuit designed to 

energize outside heating equipment or 

air-conditioning equipment, other than 

room air conditioners, or both, located 

outside the manufactured home, other 

than room air conditioners, must have 

such branch-circuit conductors 

terminate in a listed outlet box, or 

disconnecting means, located on the 

outside of the manufactured home. 

(1) A label must be permanently 

affixed adjacent to the outlet box. The 

label must be not less than 0.020-inches 

thick etched brass, stainless steel, 

anodized or alclad aluminum, or 

equivalent, and must not be less than 3 

inches x 1–3⁄4 inches in size. 

(2) The label must include the correct 

voltage and ampere rating and the 

following information: 

THIS CONNECTION IS FOR 

HEATING AND/OR AIRCONDITIONING EQUIPMENT. THE 

BRANCH CIRCUIT IS RATED AT NOT 

MORE THAN____AMPERES, 

AT______VOLTS, 60- 

HERTZ,_______CONDUCTOR 

AMPACITY. A DISCONNECTING 

MEANS IS LOCATED WITHIN SIGHT 

OF THE EQUIPMENT. 

(3) The correct voltage and ampere 

rating shall be given. The tag must be 

not less than 0.020-inches thick etched 

brass, stainless steel, anodized or alclad 

aluminum, or equivalent. The tag must 

have a minimum size of not less than 3 

inches x 13⁄4 inches. 

50. In § 3280.815, revise paragraph (a) 

as follows: 

§ 3280.815 Polarization. 

(a)(1) Except as provided in paragraph 

(a)(2) of this section, the white 

conductor must be employed for the 

grounded (neutral) circuit conductors 

only and must be connected to the 

white terminal or lead on receptacle 

outlets and fixtures. The grounded 

conductor must be the unswitched wire 

in switched circuits. 

(2) A cable containing an insulated 

conductor with a white or natural gray 

outer finish or a marking of three 

continuous white stripes may be used 

for single-pole, 3-way, or 4-way switch 

loops, where this conductor is used for 

the supply to the switch, but not as a 

return conductor from the switch to the 

switched outlet. In these applications, 

the conductor with white or natural gray 

insulation or with three continuous 

white stripes must be permanently reidentified to indicate its use by painting 

or other effective means at its 

terminations and at each location where 

the conductor is visible and accessible. 

* * * * * 

Date: May 25, 2010. 

David H. Stevens, 

Assistant Secretary for Housing—Federal 

Housing Commissioner. 

[FR Doc. 2010–16724 Filed 7–12–10; 8:45 am] 

BILLING CODE 4210–67–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: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing for comment negotiated 

royalty rates for the satellite carrier 

statutory license of the Copyright Act 

for the license period 2010–2014. 

DATES: Objections to the proposed rates 

must be submitted no later than August 

12, 2010. 

ADDRESSES: Objections may be sent 

electronically to crb@loc.gov. In the 

alternative, send an original, five copies 

and an electronic copy on a CD either 

by mail or hand delivery. Please do not 

use multiple means of transmission. 

Objections may not be delivered by 

overnight delivery service other than the 

U.S. Postal Service Express Mail. If by 

mail (including overnight delivery), 

objections must be addressed to: 

Copyright Royalty Board, P.O. Box 

70977, Washington, DC 20024–0977. If 

hand delivered by a private party, 

objections must be brought to the 

Copyright Office Public Information 

Office, Library of Congress, James 

Madison Memorial Building, Room LM– 

401, 101 Independence Avenue, SE., 

Washington, DC 20559–6000, between 

8:30 a.m. and 5 p.m. If delivered by a 

commercial courier, objections 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, and the envelope must 

be addressed to: Copyright Royalty 

Board, Library of Congress, James 

Madison Memorial Building, Room LM– 

403, 101 Independence Avenue, SE., 

Washington, DC 20559–6000. 

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: As 

required by section 119(c)(1)(B) of the 

Copyright Act, title 17 of the United 

States Code, the Copyright Royalty 

Judges published a Notice in the 

Federal Register announcing the 

commencement of a voluntary 

negotiation period for the purpose of 

determining the royalty fees to be paid 

under the satellite carrier statutory 

license, 17 U.S.C. 119. 75 FR 32228 

(June 7, 2010). The law further provides 

that parties that have reached a 

voluntary agreement as to the rates may, 

within ten days of publication of the 

Notice, ‘‘request that the royalty fees in 

that agreement be applied to all satellite 

carriers, distributors, and copyright 

owners without convening a proceeding 

under subparagraph (F).’’ 17 U.S.C. 

119(c)(1)(D)(ii)(I). The ten-day period 

ended on June 17, 2010. 

On June 9, 2010, the Judges received 

a voluntary agreement from the 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’’). 

The Copyright Owners and Satellite 

Carriers request that the Judges adopt 

the rates set forth in Article 2 of their 

agreement, which we are publishing 

today for comment. The Judges are 

publishing the rates as required by 

section 119(c)(1)(D)(ii)(II). 

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 


jlentini on DSKJ8SOYB1PROD with PROPOSALS
39892 Federal Register / Vol. 75, No. 133 / Tuesday, July 13, 2010 / Proposed Rules 

(II).’’ Any party that files an objection to 

the rates published in today’s Notice 

must state their intention to participate 

in a proceeding and state in detail their 

reasons for the objection as well their 

significant interest in the outcome of 

this proceeding. 

List of Subjects in 37 CFR Part 386 

Copyright, Satellite, Television. 

Proposed Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

propose to add 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; 

(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 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. 

Dated: July 8, 2010. 

William J. Roberts, Jr., 

U.S. Copyright Royalty Judge. 

[FR Doc. 2010–17037 Filed 7–12–10; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Parts 679 and 680 

[Docket No. 070718367–7374–01] 

RIN 0648–AV33 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Community 

Development Quota Program 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes to amend 

regulations that govern fisheries 

managed under the Western Alaska 

Community Development Quota (CDQ) 

Program. These revisions are needed to 

comply with certain changes made to 

the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act) in 2006. 

Proposed changes include revising 

regulations associated with 

recordkeeping, vessel licensing, catch 

retention requirements, and fisheries 

observer requirements to ensure that 

they are no more restrictive than the 

regulations in effect for comparable nonCDQ fisheries managed under 

individual fishing quotas or cooperative 

allocations. In addition, NMFS proposes 

to remove CDQ Program regulations that 

now are inconsistent with the 

Magnuson-Stevens Act, including 

regulations associated with the CDQ 

allocation process, transfer of 

groundfish CDQ and halibut prohibited 

species quota, and the oversight of CDQ 

groups’ expenditures. 

DATES: Comments must be received no 

later than August 12, 2010. 

ADDRESSES: Send comments to Sue 

Salveson, Assistant Regional 

Administrator, Sustainable Fisheries 

Division, Alaska Region, NMFS, Attn: 

Ellen Sebastian. You may submit 

comments, identified by RIN 0648– 

AV33, by any one of the following 

methods: 

• Electronic Submissions: Submit all 

electronic public comments via the 

Federal eRulemaking Portal Web site at 

http://www.regulations.gov. 

• Mail: P.O. Box 21668, Juneau, AK 

99802. 

• Fax: (907) 586–7557. 

• Hand delivery to the Federal 

Building: 709 West 9th Street, Room 

420A, Juneau, AK. 

All comments received are a part of 

the public record. No comments will be 

posted to http://www.regulations.gov for 

public viewing until after the comment 

period has closed. Comments will 

generally be posted without change. All 

Personal Identifying Information (e.g., 

name, address) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

NMFS will accept anonymous 

comments (enter N/A in the required 

fields, if you wish to remain 

anonymous). Attachments to electronic 

comments will be accepted in Microsoft 

Word, Excel, WordPerfect, or Adobe 

portable document file (pdf) formats 

only. 

Written comments regarding the 

burden-hour estimates or other aspects 


jlentini on DSKJ8SOYB1PROD with PROPOSALS