Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations 5511 

Subpart I—Paperwork Reduction Act 

§ 548.901 Paperwork Reduction Act notice. 

For approval by the Office of 

Management and Budget (‘‘OMB’’) under 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3507) of information 

collections relating to recordkeeping 

and reporting requirements, licensing 

procedures (including those pursuant to 

statements of licensing policy), and 

other procedures, see § 501.901 of this 

chapter. An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a valid control 

number assigned by OMB. 

Dated: January 27, 2010. 

Adam J. Szubin, 

Director, Office of Foreign Assets Control. 

Approved: January 22, 2010. 

Stuart A. Levey, 

Under Secretary, Office of Terrorism and 

Financial Intelligence, Department of the 

Treasury. 

[FR Doc. 2010–2220 Filed 2–2–10; 8:45 am] 

BILLING CODE 4810–AL–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2009–0878] 

RIN 1625–AA00 

Safety Zone; AICW Closure Safety 

Zone for Ben Sawyer Bridge 

Replacement Project, Sullivan’s Island, 

SC 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone on 

the navigable waters of the Atlantic 

Intracoastal Waterway for the safe 

removal and replacement of the old and 

new approach spans of the Ben Sawyer 

Swing Bridge. This regulation is 

necessary to protect life and property on 

the navigable waters of the Atlantic 

Intracoastal Waterway from the dangers 

associated with the construction project. 

No vessel or person is allowed in this 

zone unless authorized by the Captain 

of the Port or a designated 

representative. 

DATES: Effective Date: this rule is 

effective in the CFR from February 3, 

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

This rule is effective with actual notice 

for purposes of enforcement beginning 7 

a.m. February 3, 2010. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents mentioned in this preamble 

as being available in the docket, are part 

of docket USCG–2009–0878 and are 

available online by going to http:// 

www.regulations.gov, inserting USCG– 

2009–0878 in the ‘‘Keyword’’ box, and 

then clicking ‘‘Search.’’ This material is 

also available for inspection or copying 

at the Docket Management Facility (M– 

30), U.S. Department of Transportation, 

West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue, SE., 

Washington, DC 20590, between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this temporary 

rule, call or e-mail Lieutenant Julie 

Miller, Sector Charleston office of 

Waterways Management Coast Guard; 

telephone 843–720–3273, e-mail 

Julie.e.miller@uscg.mil. If you have any 

questions on viewing the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

The Coast Guard is issuing this 

temporary final rule without prior 

notice and opportunity to comment 

pursuant to authority under section 4(a) 

of the Administrative Procedure Act 

(APA) (5 U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because hazards 

associated with the bridge replacement, 

including potential falling debris and 

the use of heavy equipment and 

machinery in the waterway, could lead 

to severe injury, fatalities and/or 

destruction of public property. 

Therefore, immediate action is needed 

to ensure the public’s safety from the 

hazards noted above. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register for the same reasons as stated 

above. 

Background and Purpose 

The removal and replacement of the 

old and new spans of the Ben Sawyer 

Bridge are scheduled to begin on 

February 3, 2010. This operation 

presents a potential hazard to mariners 

from falling debris and the use of heavy 

equipment and machinery. To provide 

for the safety of the public, the Coast 

Guard will temporarily restrict access to 

this section of the Atlantic Intracoastal 

Waterway during bridge replacement 

operations. 

Discussion of Rule 

The Coast Guard is establishing a 

temporary safety zone to encompass the 

waters of the Atlantic Intracoastal 

Waterway Mile 462.2, extending 180 

yards northwest of the Ben Sawyer 

Bridge, and 220 yards southwest of the 

Ben Sawyer Bridge (32°46.22 N, 

079°50.31 W (NAD 1983)). The actual 

date of the bridge spans removal and 

replacement is subject to change due to 

weather and other scheduling 

constraints. Notification of the safety 

zone will be announced through 

broadcast notice to mariners, marine 

safety information bulletins, local media 

press releases, and on-scene Coast 

Guard assets. Marine traffic will not be 

permitted to enter the safety zone 

without permission of the Captain of the 

Port Charleston or his designated 

representative. Traffic needing 

permission to pass through the safety 

zone can contact the COTP on VHF–FM 

channel 16 or via phone at (843) 740– 

7050. 

Regulatory Analyses 

We developed this rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

This rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

Although this regulation will restrict 

access to the area, the effect of the rule 

will not be significant because the safety 

zone will only be in effect for a short 

duration and only affects a small 

portion of the waterway. Additionally, 

advanced outreach and notification to 

marine traffic notifying them of the 

upcoming closure will occur, therefore 

marine traffic should be able to plan 

transits around closure dates or plan 

safe alternate transit routes if transiting 

during the expected closure dates. 

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5512 Federal Register / Vol. 75, No. 22 / Wednesday, February 3, 2010 / Rules and Regulations 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule will affect the following 

entities, some of which may be small 

entities: the owners and operators of 

vessels intending to transit the affected 

portion of the Atlantic Intracoastal 

Waterway from 7 a.m. on February 3, 

2010 to 11:59 p.m. on February 13, 

2010. This impact will not be significant 

but may have impact on routine 

navigation because the safety zone will 

be effective for 10 days and close down 

the entire portion of the Atlantic 

Intracoastal Waterway. Although the 

safety zone will apply to the entire 

width of the Atlantic Intracoastal 

Waterway channel at the Ben Sawyer 

Bridge, the Coast Guard will outreach to 

traffic in advance of the bridge closure, 

so that they may schedule trips and plan 

alternate routes accordingly. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offer to assist small entities in 

understanding the rule so that they can 

better evaluate its effects on them and 

participate in the rulemaking process. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 

1–888–REG–FAIR (1–888–734–3247). 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this rule or any policy 

or action of the Coast Guard. 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule will not affect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children From Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not create an environmental risk to 

health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

With Indian Tribal Governments, 

because it 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01 and 

Commandant Instruction M16475.lD, 

which guide the Coast Guard in 

complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded this action is one of a 

category of actions which do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

34(g), of the Instruction. This rule 

establishes a temporary safety zone to 

protect the public from bridge 

replacement operations. An 

environmental analysis checklist and a 

categorical exclusion determination will 

be available in the docket where 

indicated under ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

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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