56866 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Rules and Regulations 

§ 1.883–5T [Removed] 

■ Par. 13. Section 1.883–5T is removed. 

PART 602—OMB CONTROL NUMBERS 

UNDER THE PAPERWORK 

REDUCTION ACT 

■ Par. 14. The authority citation for part 

602 continues to read as follows: 

Authority: 26 U.S.C. 7805. 

■ Par. 15. In § 602.101, paragraph (b) is 

amended by removing the entries for 

§§ 1.883–1T, 1.883–2T, 1.883–3T, 

1.883–4T, and 1.883–5T from the table 

and adding an entry for § 1.883–0 to the 

table in numerical order to read as 

follows: 

§ 602.101 OMB Control Numbers. 

* * * * * 

(b) * * * 

CFR part or section where 

identified and described 

Current OMB 

control No. 

* * * * * 

§ 1.883–0 .............................. 1545–1677 

* * * * * 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: September 3, 2010. 

Michael Mundaca, 

Assistant Secretary of the Treasury (Tax 

Policy). 

[FR Doc. 2010–23185 Filed 9–16–10; 8:45 am] 

BILLING CODE 4830–01–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 100 

[Docket No. USCG–2010–0534] 

RIN 1625–AA08 

Special Local Regulation; 

Monongahela River, Pittsburgh, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a special local regulation 

from mile marker 2.2 (Southside 

Riverfront Park Boat Ramp) on the 

Monongahela River to mile marker 2.7 

(27th Street), extending 100 feet out 

from the left descending bank. This 

special local regulation is needed to 

safeguard participants of the Pittsburgh 

Dragon Boat Festival from the hazards 

imposed by marine traffic. Entry into 

the regulated area is prohibited, unless 

specifically authorized by the Captain of 

the Port Pittsburgh or a designated 

representative. 

DATES: This rule is effective from 11:30 

a.m. to 4:30 p.m. on September 18, 

2010. 

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket USCG–2010– 

0534 and are available online by going 

to http://www.regulations.gov, inserting 

USCG–2010–0534 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ They 

are 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 ENS Robyn Hoskins, 

Marine Safety Unit Pittsburgh, Coast 

Guard; telephone 412–644–5808 Ext. 

2140, e-mail 

Robyn.G.Hoskins@uscg.mil. If you have 

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). 

A NPRM would be impracticable with 

respect to this rule because immediate 

action is needed to safeguard 

participants during the Pittsburgh 

Dragon Boat Festival from the hazards 

imposed by marine traffic, and rescheduling the event is contrary to the 

public interest of participants, 

spectators and vendors in having the 

event proceed as scheduled. 

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 because waiting 30 days would 

be impracticable since immediate action 

is needed to safeguard participants 

during the Pittsburgh Dragon Boat 

Festival from the hazards imposed by 

marine traffic, and re-scheduling the 

event is contrary to the public interest 

of participants, spectators and vendors 

in having the event proceed as 

scheduled. 

Basis and Purpose 

The Coast Guard is establishing a 

special local regulation from mile 

marker 2.2 (Southside Riverfront Park 

Boat Ramp) on the Monongahela River 

to mile marker 2.7 (27th Street), 

extending 100 feet out from the left 

descending bank. This special local 

regulation is needed to safeguard 

participants during the Pittsburgh 

Dragon Boat Festival from the hazards 

imposed by marine traffic. 

Discussion of Rule 

Vessels shall not enter into, depart 

from, or move within the regulated area 

without permission from the Captain of 

the Port Pittsburgh or his authorized 

representative. Persons or vessels 

requiring entry into or passage through 

the regulated area must request 

permission from the Captain of the Port 

Pittsburgh, or a designated 

representative. They may be contacted 

on VHF–FM Channel 13 or 16, or 

through Coast Guard Sector Ohio Valley 

at 1–800–253–7465. This rule is 

effective from 11:30 a.m. to 4:30 p.m. on 

September 18, 2010. The Captain of the 

Port Pittsburgh will inform the public 

through broadcast notices to mariners of 

the enforcement period for the special 

local regulation as well as any changes 

in the planned schedule. 

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. 

This rule will be in effect for a short 

period of time and notifications to the 

marine community will be made 

through broadcast notices to mariners. 

The impacts on routine navigation are 

expected to be minimal. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Rules and Regulations 56867 

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 or operators of 

vessels intending to transit that portion 

of the waterways from mile marker 2.2 

(Southside Riverfront Park Boat Ramp) 

on the Monongahela River to mile 

marker 2.7 (27th Street), extending 100 

feet out from the left descending bank, 

from 11:30 a.m. to 4:30 p.m. on 

September 18, 2010. 

This regulated area will not have a 

significant economic impact on a 

substantial number of small entities for 

the following reasons. This rule will be 

enforced on a weekend day and when 

traffic is low. 

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 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

Taking of Private Property 

This rule will not cause 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 that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule is categorically 

excluded, under figure 2–1, paragraph 

(34)(h) of the Instruction, and an 

environmental analysis checklist and a 

categorical exclusion determination are 

not required for this rule. 

List of Subjects in 33 CFR Part 100 

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways. 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 100 as follows: 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
56868 Federal Register / Vol. 75, No. 180 / Friday, September 17, 2010 / Rules and Regulations 

1There is no legislative history accompanying 

STELA. However, an earlier iteration of the 

legislation in 2009 contained the same statutory 

language with respect to phantom signals and did 

have accompanying legislative history.See Satellite 

Home Viewer Update and Reauthorization Act of 

2009, H. Rep. No. 111-319, 111th Cong., 1st Sess. 

(Oct. 28, 2009) at 12 (‘‘[T]he cable television and 

content industries have taken different views on 

whether cable providers should include certain 

signals that are not received by every customer in 

the calculation of Section 111 royalty obligations. 

Members of the cable industry argue that providers 

should not have to pay for such signals because 

some consumers do not receive them. Members of 

the content industry assert that, under the law, all 

signals should be taken into account in the royalty 

rate calculation. The Committee understands that 

there are two different readings of the statute and 

that the issue should be resolved to provide 

certainty to both industries.’’) 

2See id. at 23-24. (‘‘Subsection (c) resolves the 

phantom signal ambiguity that required cable 

systems to pay royalty fees for carriage to all 

subscribers within the system. It allows a cable 

system that provides transmissions of distant 

signals to some but not all communities to calculate 

royalty fees on the basis of the actual carriage of 

specific signals and the gross receipts derived from 

the subscribers in the community.’’) 

3 See id. at 12. (‘‘The legislation revises and 

updates subparagraphs (C) and (D) of Section 

111(d)(1) to resolve the so–called ‘‘phantom 

signal’’issue. Just as the current law allows 

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS 

■ 1. The authority citation for part 100 

continues to read as follows: 

Authority: 33 U.S.C. 1233. 

■ 2. Add § 100.T08–0534 to read as 

follows: 

§ 100.T08–0534 Pittsburgh Dragon Boat 

Festival, Monongahela River, Pittsburgh, 

PA. 

(a) Location. The following area is a 

regulated area: All waters of the 

Monongahela River, from mile marker 

2.2 (Southside Riverfront Park Boat 

Ramp) on the Monongahela River to 

mile marker 2.7 (27th Street), extending 

100 feet out from the left descending 

bank. 

(b) Effective date. This section is 

effective from 11:30 a.m. through 4:30 

p.m. on September 18, 2010, and each 

year thereafter on a date and time 

published in a Federal Register 

document. 

(c) Periods of enforcement. This 

section is effective from 11:30 a.m. 

through 4:30 p.m. on September 18, 

2010. The Captain of the Port Pittsburgh 

or a designated representative will 

inform the public through broadcast 

notices to mariners of the enforcement 

period for the special local regulation as 

well as any changes in the planned 

schedule. 

(d) Regulations. 

(1) In accordance with the general 

regulations in § 100.35 of this part, entry 

into this area is prohibited unless 

authorized by the Captain of the Port 

Pittsburgh. 

(2) Persons or vessels requiring entry 

into, departure from, or passage through 

a regulated area must request 

permission from the Captain of the Port 

Pittsburgh or a designated 

representative. They may be contacted 

on VHF–FM Channel 13 or 16, or 

through Coast Guard Sector Ohio Valley 

at 1–800–253–7465. 

(3) All persons and vessels shall 

comply with the instructions of the 

Captain of the Port Pittsburgh and 

designated on-scene U.S. Coast Guard 

patrol personnel. On-scene U.S. Coast 

Guard patrol personnel includes 

Commissioned, Warrant, and Petty 

Officers of the U.S. Coast Guard. 

Dated: August 13, 2010. 

S.T. Higman, 

Lieutenant Commander, U.S. Coast Guard, 

Acting Captain of the Port Pittsburgh. 

[FR Doc. 2010–23279 Filed 9–16–10; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2010–2] 

Implementation of the Satellite 

Television Extension and Localism Act 

of 2010 

ACTION: Interim Rule. 

SUMMARY: The Copyright Office amends 

its rules governing statements of 

account for cable systems and satellite 

carriers to reflect changes resulting from 

the recent enactment of the Satellite 

Television Extension and Localism Act 

of 2010. 

FOR FURTHER INFORMATION CONTACT: Ben 

E. Golant, Assistant General Counsel or 

Tanya M. Sandros, Deputy General 

Counsel, Copyright GC/I&R, P.O. Box 

70400, Washington, DC 20024. 

Telephone: (202) 707–8380. Telefax: 

(202)–707–8366. 

EFFECTIVE DATES: September 17, 2010. 

SUPPLEMENTARY INFORMATION: Congress 

recently passed the Satellite Television 

Extension and Localism Act of 2010 

(‘‘STELA’’) which was signed by the 

President on May 27, 2010. See Pub. L. 

No. 111–175. This legislation updated 

and reauthorized the distant signal 

license for satellite carriers under 

Section 119 of title 17. It also amended 

the local–into–local satellite license and 

the cable statutory license in several 

respects. The purpose of this Interim 

Rule is to account for the new statutory 

provisions under Sections 111, 119, and 

122, as discussed below. 

I. SECTION 111 AMENDMENTS 

A. Phantom Signals and Subscriber 

Groups 

For the past 30 years, cable operators 

have paid royalties for the 

retransmission of non–network 

programming carried by distant 

broadcast television signals under the 

Section 111 statutory license. The 

royalties have been based on a 

percentage of gross receipts generated 

by a cable system. Under the licensing 

framework established by Congress in 

1976, cable operators had to pay for the 

number of distant signals carried, even 

though some such signals were not 

received or made available to every 

subscriber of a particular cable system. 

Distant broadcast signals that were not 

made available on a system–wide basis, 

but on which operators were required to 

pay royalties, have been called 

‘‘phantom signals.’’ The Copyright Office 

has long recognized the phantom signal 

situation, but the matter has only 

recently received legislative attention.1

Section 104 of STELA, entitled 

‘‘Modifications to Cable System 

Secondary Transmission Rights Under 

Section 111,’’ directly addresses 

phantom signals. Specifically, it 

amended Section 111(d)(1) of the 

Copyright Act which sets forth the 

methodology for cable operators to 

calculate royalties. Cable operators now 

pay royalties only where the distant 

broadcast signal is actually received by 

subscribers rather than on a broader 

cable system basis as had been the case 

since 1978. The amendments finally 

resolve this enduring dispute.2

Specifically, the legislation amends 

subparagraph (C) of Section 111(d)(1) to 

state that if a cable system provides 

secondary transmissions of primary 

transmitters to some, but not all, 

communities served by the cable 

system, the gross receipts and distant 

signal equivalent values for each 

secondary transmission may be derived 

on the basis of the subscribers in those 

communities where the cable system 

actually provides such secondary 

transmission. Where a cable system 

calculates its royalties on a community– 

specific (‘‘subscriber group’’) basis, the 

operator applies the methodology in 

Section 111(d)(1)(B)(ii)–(iv) to calculate 

a separate royalty for each subscriber 

group. However, the operator will still 

compute the minimum fee calculation 

under Section 111(d)(1)(B)(i) on a cable 

system basis and is required to pay no 

less than the minimum fee. 3


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1