Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Rules and Regulations 6097 

Guard assets or other Federal, State or 

local law enforcement agency assets 

clearly identifiable by lights, vessel 

markings, or with agency insignia as 

listed below: 

Coast Guard surface or air asset 

displaying the Coast Guard insifnia. 

State and/or local law enforcement 

asset displaying the applicable agency 

markings and/or equipment associated 

with the agency. 

When escorted vessels are moored, 

dayboards or other visual indications 

such as lights or buoys may be used. In 

all cases, broadcast notice to mariners 

will be issued to advise mariners of 

these restrictions. 

Minimum safe speed means the speed 

at which a vessel proceeds when it is 

fully off plane, completely settled in the 

water and not creating excessive wake. 

Due to the different speeds at which 

vessels of different sizes and 

configurations may travel while in 

compliance with this definition, no 

specific speed is assigned to minimum 

safe speed. In no instance should 

minimum safe speed be interpreted as a 

speed less than that required for a 

particular vessel to maintain 

steerageway. A vessel is not proceeding 

at minimum safe speed if it is: 

(1) On a plane; 

(2) In the process of coming up onto 

or coming off a plane; or 

(3) Creating an excessive wake. 

(b) Regulated area. All navigable 

waters, as defined in 33 CFR 2.36, 

within the Captain of the Port Zone, 

Charleston, South Carolina 33 CFR 

3.35–15. 

(c) Security zone. A 300-yard security 

zone is established around each 

escorted vessel within the regulated area 

described in paragraph (b) of this 

section. This is a moving security zone 

when the escorted vessel is in transit 

and becomes a fixed zone when the 

escorted vessel is anchored or moored. 

A security zone will not extend beyond 

the boundary of the regulated area in 

this section. 

(d) Regulations. (1) The general 

regulations for security zones contained 

in § 165.33 of this part applies to this 

section. 

(2) A vessel may request the 

permission of the COTP Charleston or a 

designated representative to enter the 

security zone described in paragraph (c) 

of this section. If permitted to enter the 

security zone, a vessel must proceed at 

the minimum safe speed and must 

comply with the orders of the COTP or 

a designated representative. No vessel or 

person may enter the inner 50-yard 

portion of the security zone closest to 

the vessel. 

(e) Notice of security zone. The COTP 

will inform the public of the existence 

or status of the security zones around 

escorted vessels in the regulated area by 

Broadcast Notice to Mariners. Coast 

Guard assets or other Federal, State or 

local law enforcement agency assets will 

be clearly identified by lights, vessel 

markings, or with agency insignia. 

When escorted vessels are moored, 

dayboards or other visual indications 

such as lights or buoys may be used. 

(f) Contact information. The COTP 

Charleston may be reached via phone at 

(843) 724–7616. Any on scene Coast 

Guard or designated representative 

assets may be reached via VHF-FM 

channel 16. 

[USCG–2007–0115, 73 FR 30562, May 28, 

2008] 

[FR Doc. 2010–2771 Filed 2–5–10; 8:45 am] 

BILLING CODE 1505–01–D 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 380 

[Docket No. 2005–1 CRB DTRA] 

Digital Performance Right in Sound 

Recordings and Ephemeral 

Recordings 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing final regulations 

governing the statutory minimum fees to 

be paid by Commercial Webcasters 

under two statutory licenses, permitting 

certain digital performances of sound 

recordings and the making of ephemeral 

recordings, for the period beginning 

January 1, 2006, and ending on 

December 31, 2010. 

DATES: Effective Date: March 10, 2010. 

Applicability Dates: The regulations 

apply to the license period January 1, 

2006, through December 31, 2010. 

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 May 1, 

2007, the Copyright Royalty Judges 

(‘‘Judges’’) published in the Federal 

Register their determination of royalty 

rates and terms under the statutory 

licenses under Section 112(e) and 114 of 

the Copyright Act, title 17 of the United 

States Code, for the period 2006 through 

2010 for a digital public performance of 

sound recordings by means of eligible 

nonsubscription transmission or a 

transmission by a new subscription 

service. 72 FR 24084. In Intercollegiate 

Broadcast System, Inc. v. Copyright 

Royalty Board, 574 F.3d 748 (D.C. Cir. 

2009), the United States Court of 

Appeals for the District of Columbia 

Circuit (‘‘D.C. Circuit’’) affirmed the 

Judges’ determination in the main but 

remanded to the Judges the matter of 

setting the minimum fee to be paid by 

both Commercial Webcasters and 

Noncommercial Webcasters under 

Sections 112(e) and 114 of the Copyright 

Act. Id. at 762, 767. By order dated 

October 23, 2009, the Judges established 

a period commencing November 2, 

2009, and concluding on December 2, 

2009, for the parties to negotiate and 

submit a settlement of the minimum fee 

issue that was the subject of the remand. 

On December 2, 2009, 

SoundExchange, Inc. and the Digital 

Media Association (‘‘DiMA’’) submitted 

a settlement regarding the statutory 

minimum fee to be paid by Commercial 

Webcasters. 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 D.C. 

Circuit. 74 FR 68214 (December 23, 

2009). Comments were due to be filed 

by no later than January 22, 2010. The 

Judges received one comment from 

Intercollegiate Broadcasting System, Inc. 

(‘‘IBS’’). 

IBS requests that the Judges publish a 

note to proposed § 380.3(b)(2) stating 

that the Judges on remand will 

determine the minimum fee for 

Noncommercial Webcasters. Comments 

of IBS at 2–3. The Judges decline to do 

so. As was made clear in the December 

23, 2009, Notice, the proposed 

settlement applies only to Commercial 

Webcasters. Therefore, the Judges are 

adopting as final the proposed change as 

published on December 23, 2009. See 74 

FR 68214. 

List of Subjects in 37 CFR Part 380 

Copyright, Sound recordings. 

Final Regulations 

■ For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

are amending part 380 of title 37 of the 

Code of Federal Regulations as follows: 

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6098 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Rules and Regulations 

PART 380—RATES AND TERMS FOR 

CERTAIN ELIGIBLE 

NONSUBSCRIPTION TRANSMISSIONS, 

NEW SUBSCRIPTION SERVICES AND 

THE MAKING OF EPHEMERAL 

REPRODUCTIONS 

■ 1. The authority citation for part 380 

of title 37 of the Code of Federal 

Regulations as follows: 

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

804(b)(3). 

■ 2. Section 380.3 is amended by 

revising paragraph (b) to read as follows: 

§ 380.3 Royalty fees for the public 

performance of sound recordings and for 

ephemeral recordings. 

* * * * * 

(b) Minimum fee—(1) Commercial 

Webcasters. Each Commercial 

Webcaster will pay an annual, 

nonrefundable minimum fee of $500 for 

each calendar year or part of a calendar 

year of the period 2006–2010 during 

which it is a Licensee pursuant to 17 

U.S.C. 112(e) or 114. This annual 

minimum fee is payable for each 

individual channel and each individual 

station maintained by Commercial 

Webcasters, and is also payable for each 

individual Side Channel maintained by 

Broadcasters who are Commercial 

Webcasters, provided that a Commercial 

Webcaster shall not be required to pay 

more than $50,000 per calendar year in 

minimum fees in the aggregate (for 100 

or more channels or stations). The 

minimum fee payable under 17 U.S.C. 

112 is deemed to be included within the 

minimum fee payable under 17 U.S.C. 

114. Upon payment of the minimum fee, 

the Commercial Webcaster will receive 

a credit in the amount of the minimum 

fee against any royalty fees payable in 

the same calendar year. 

(2) Noncommercial Webcasters. Each 

Noncommercial Webcaster will pay an 

annual, nonrefundable minimum fee of 

$500 for each calendar year or part of a 

calendar year of the license period 

during which they are Licensees 

pursuant to licenses under 17 U.S.C. 

114. This annual minimum fee is 

payable for each individual channel and 

each individual station maintained by 

Noncommercial Webcasters and is also 

payable for each individual Side 

Channel maintained by Broadcasters 

who are Licensees. The minimum fee 

payable under 17 U.S.C. 112 is deemed 

to be included within the minimum fee 

payable under 17 U.S.C. 114. Upon 

payment of the minimum fee, the 

Licensee will receive a credit in the 

amount of the minimum fee against any 

additional royalty fees payable in the 

same calendar year. 

Dated: February 2, 2010. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2010–2644 Filed 2–5–10; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 74 

RIN 2900–AM78 

VA Veteran-Owned Small Business 

Verification Guidelines 

AGENCY: Department of Veterans Affairs. 

ACTION: Final rule with request for 

comments. 

SUMMARY: This document affirms as 

final, with changes, an interim final rule 

that implements portions of the 

Veterans Benefits, Health Care, and 

Information Technology Act of 2006. 

This law requires the Department of 

Veterans Affairs (VA) to verify 

ownership and control of veteranowned small businesses, including 

service-disabled veteran-owned small 

businesses. This final rule defines the 

eligibility requirements for businesses to 

obtain ‘‘verified’’ status, explains 

examination procedures, and establishes 

records retention and review processes. 

The final rule retains the interim final 

rule with changes based on the 

comments received. This document 

additionally implements new interim 

final requirements, that eligible owners 

work full-time in the business for which 

they have applied for acceptance in the 

Verification Program, changes the time 

period for issuance of reconsideration 

decisions from 30 to 60 days, and 

changes the distribution of profits for 

limited liability companies and 

employee stock ownership plans and 

solicits comments on these regulatory 

amendments only. 

DATES: Effective Date: February 8, 2010. 

Comment Date: Comments on the 

interim final amendments only must be 

received on or before March 10, 2010. 

ADDRESSES: Written comments may be 

submitted through http:// 

www.Regulations.gov; by mail or hand 

delivery to the Director, Regulations 

Management (02REG), Department of 

Veterans Affairs, 810 Vermont Ave., 

NW., Room 1068, Washington, DC 

20420; or by fax to (202) 273–9026. 

Comments should indicate that they are 

submitted in response to RIN 2900– 

AM78—‘‘VA Veteran-Owned Small 

Business Verification Guidelines.’’ 

Copies of comments received will be 

available for public inspection in the 

Office of Regulation Policy and 

Management, Room 1063B, between the 

hours of 8 a.m. and 4:30 p.m., Monday 

through Friday (except holidays). Please 

call (202) 461–4902 (this is not a tollfree number) for an appointment. In 

addition, during the comment period, 

comments may be viewed online 

through the Federal Docket Management 

System (FDMS) at http:// 

www.Regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Gail Wegner, Acting Director, Center for 

Veterans Enterprise (00VE), Department 

of Veterans Affairs, 810 Vermont Ave., 

NW., Washington, DC 20420, phone 

(202) 303–3260 x5239. 

SUPPLEMENTARY INFORMATION: 

In an interim final rule published in 

the Federal Register on May 19, 2008 

(73 FR 29024), we established new 38 

CFR part 74 setting forth a mechanism 

for verifying ownership and control of 

veteran-owned small businesses 

(VOSBs), including service-disabled 

veteran-owned small businesses 

(SDVOSBs). We provided a 60-day 

comment period which ended on July 

18, 2008. We received comments from 

five commenters. The issues raised in 

the comments are discussed below. 

Based on the rationale set forth in the 

interim final rule and in this document, 

we are adopting the provisions of the 

interim final rule as a final rule with 

changes explained below. Due to the 

nature of the changes and for the 

convenience of the reader, the 

regulation text portion of this document 

restates all of revised part 74. 

a. Eligibility of surviving spouses. One 

commenter expressed the opinion that a 

surviving spouse of a veteran who had 

any disability rating should be 

permitted to maintain a VOSB or a 

SDVOSB for as long as the spouse owns 

and controls the business. 

The rule is consistent with Congress’s 

limitation set forth in 38 U.S.C. 

8127(h)(3), which permits the surviving 

spouse to maintain the status of a VOSB 

or SDVOSB only if the veteran was rated 

as 100 percent disabled or the veteran 

dies as a result of a service-connected 

disability. VA does not have authority 

under section 8127 to expand VOSB or 

SDVOSB status as the commenter 

suggests. We will not make any changes 

to the rule based on the comment. 

b. Yearly verification. One commenter 

suggested that an annual signed 

statement by the veteran business owner 

stating there are no changes in 

ownership or control should be 

sufficient to protect the Department’s 

interests. If ownership or control 

changes, it should be mandated that the 

business owner report it immediately to 

WReier-Aviles on DSKGBLS3C1PROD with RULES