Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Rules and Regulations 53197 

(c) Authorization: To request 

authorization to operate within this 

security zone, contact United States 

Coast Guard Sector Puget Sound Joint 

Harbor Operations Center at 206–217– 

6001. 

Dated: August 18, 2010. 

S.W. Bornemann, 

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

Port, Puget Sound. 

[FR Doc. 2010–21615 Filed 8–30–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF DEFENSE 

Department of the Army, Corps of 

Engineers 

33 CFR Part 334 

Restricted Area in Cape Fear River and 

Tributaries at Sunny Point Army 

Terminal, Brunswick County, NC 

AGENCY: U.S. Army Corps of Engineers, 

DoD. 

ACTION: Direct final rule. 

SUMMARY: The U.S. Army requested that 

the U.S. Army Corps of Engineers 

(Corps) revise the regulation for the 

restricted area in the Cape Fear River 

and its tributaries at Sunny Point Army 

Terminal, Brunswick County, North 

Carolina, by renaming the marker buoys 

and specifying the latitude and 

longitude for those buoys. There are no 

other changes proposed for this 

restricted area regulation. The purpose 

of the rule is to correct the buoys 

designating the boundary of the 

restricted area. The restricted area 

provides security for the facility, and 

prevents acts of terrorism, sabotage, or 

other criminal acts against the facility, 

including vessels loading and offloading 

at the Sunny Point Army Terminal. 

DATES: This rule is effective November 

1, 2010 without further notice, unless 

the Corps receives adverse comment by 

September 30, 2010. If we receive such 

adverse comment, we will publish a 

timely withdrawal in the Federal 

Register informing the public that this 

rule will not take effect. 

ADDRESSES: You may submit comments, 

identified by docket number COE– 

2010–0015, by any of the following 

methods: 

Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

E-mail: david.b.olson@usace.army. 

mil. Include the docket number COE– 

2010–0015 in the subject line of the 

message. 

Mail: U.S. Army Corps of Engineers, 

Attn: CECW–CO (David B. Olson), 441 

G Street, NW., Washington, DC 20314– 

1000. 

Hand Delivery/Courier: Due to 

security requirements, we cannot 

receive comments by hand delivery or 

courier. 

Instructions: Direct your comments to 

docket number COE–2010–0015. All 

comments received will be included in 

the public docket without change and 

may be made available on-line at 

http://regulations.gov, including any 

personal information provided, unless 

the commenter indicates that the 

comment includes information claimed 

to be Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. Do 

not submit information that you 

consider to be CBI, or otherwise 

protected, through regulations.gov or email. The regulations.gov Web site is an 

anonymous access system, which means 

we will not know your identity or 

contact information unless you provide 

it in the body of your comment. If you 

send an e-mail directly to the Corps 

without going through 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, we recommend 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 we cannot read your 

comment because of technical 

difficulties and cannot contact you for 

clarification, we may not be able to 

consider your comment. Electronic 

comments should avoid the use of any 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: For access to the docket to 

read background documents or 

comments received, go to http:// 

www.regulations.gov. All documents in 

the docket are listed. Although listed in 

the index, some information is not 

publicly available, such as 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Olson, Headquarters, Operations 

and Regulatory Community of Practice, 

Washington, DC at 202–761–4922 or 

Richard K. Spencer, U.S. Army Corps of 

Engineers, Wilmington District, at 910– 

251–4172. 

SUPPLEMENTARY INFORMATION: By letter 

dated February 22, 2010, the Corps of 

Engineers was informed that the federal 

channel navigation buoys that mark the 

Cape Fear River main navigation 

channel and the boundaries of the 

restricted zone at the Sunny Point Army 

Terminal have been replaced with new 

buoys. The Army requests that the rule 

be revised because the current federal 

channel navigation buoys identification 

numbers no longer correspond to the 

regulation for the restricted area at the 

Sunny Point Army Terminal. In 

response to this request by the U.S. 

Army, and pursuant to its authorities 

under Section 7 of the Rivers and 

Harbors Act of 1917 (40 Stat 266; 33 

U.S.C. 1) and Chapter XIX of the Army 

Appropriations Act of 1919 (40 Stat 892; 

33 U.S.C. 3), the Corps is amending the 

regulations in 33 CFR part 334 by 

revising the restricted area regulation. 

The Corps is publishing this rule 

without prior proposal because we view 

this as a non-controversial amendment 

and anticipate no adverse comment. 

In the ‘‘Proposed Rules’’ section of 

today’s Federal Register, we are 

publishing a separate document that 

will serve as the proposal to revise this 

restricted area regulation if adverse 

comments are filed. This rule will be 

effective on November 1, 2010 without 

further notice unless we receive adverse 

comment by September 30, 2010 . If we 

receive adverse comment, we will 

publish a timely withdrawal in the 

Federal Register informing the public 

that the direct final rule will not take 

effect. We will address all public 

comments in a subsequent final rule 

based on the proposed rule. We will not 

institute a second comment period on 

this action. Any parties interested in 

commenting must do so at this time. 

Procedural Requirements 

a. Review Under Executive Order 

12866. This rule is issued with respect 

to a military function of the Defense 

Department and the provisions of 

Executive Order 12866 do not apply. 

b. Review Under the Regulatory 

Flexibility Act. This rule has been 

reviewed under the Regulatory 

Flexibility Act (Pub. L. 96–354) which 

requires the preparation of a regulatory 

flexibility analysis for any regulation 

that will have a significant economic 

impact on a substantial number of small 

entities (i.e., small businesses and small 

governments). The Corps has 

determined that revising this restricted 

area regulation would have practically 

no economic impact on the public, or 

result in no anticipated navigational 

hazard or interference with existing 

waterway traffic. This will have no 

significant economic impact on small 

entities. 


erowe on DSK5CLS3C1PROD with RULES
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; 


erowe on DSK5CLS3C1PROD with RULES