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58310 Federal Register / Vol. 70, No.

193 / Thursday, October 6, 2005 / Rules and Regulations

2.B.2 of the Instruction. Therefore, this FOR FURTHER INFORMATION CONTACT: filed notices of intent to participate in
rule is categorically excluded, under Tanya M. Sandros, Associate General this proceeding. The agreement
figure 2–1, paragraph (32)(e), of the Counsel, or Gina Giuffreda, Attorney– proposed amending the basic royalty
Instruction, from further environmental Advisor, Copyright Arbitration Royalty rates and the gross receipts limitations,
documentation. It has been determined Panel (CARP), P.O. Box 90779, the regulations governing the filing of
that this final rule does not significantly Southwest Station, Washington, D.C. the statements of account to reflect these
impact the environment. 20024. Telephone: (202) 707–8380. changes, and proposed that the changes
Telefax: (202) 252–3423. become effective beginning with the
List of Subjects in 33 CFR Part 117
SUPPLEMENTARY INFORMATION: Section second semiannual accounting period of
Bridges. 111 of the Copyright Act, 17 U.S.C., 2005. The agreement also noted that the
Regulations creates a statutory license for cable syndex rates were not being adjusted for
systems that retransmit to their the new license period. In addition, the
■ For the reasons set out in the subscribers over–the–air broadcast parties stated that they were unable to
preamble, the Coast Guard amends 33 signals. Royalty fees for this license are agree on whether or how to adjust the
CFR part 117 as follows: calculated as percentages of a cable 3.75% rate set forth in § 256.2(c) but
system’s gross receipts received from would continue their discussions and
PART 117—DRAWBRIDGE subscribers for receipt of broadcast notify the Office, on or before August
OPERATION REGULATIONS signals. A cable system’s individual 10, 2005, as to whether they would seek
■ 1. The authority citation for part 117 gross receipts determine the applicable such an adjustment.
continues to read as follows: percentages. These percentages, and the Pursuant to § 251.63(b) of the CARP
gross receipts limitations, are published rules, the Library published in the
Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g);
Department of Homeland Security Delegation in 37 CFR part 256 and are subject to Federal Register the proposed
No. 0170.1; section 117.255 also issued under adjustment at five–year intervals. 17 adjustments to the percentages of gross
the authority of Pub. L. 102–587, 106 Stat. U.S.C. 801(b)(2)(A) & (D).1 This was a receipts paid by cable systems and the
5039. window year for such an adjustment. gross receipts limitations. 70 FR 41650
Such rate adjustment proceedings (July 20, 2005). Section 251.63(b)
■ 2. From March 1, 2006 through may be commenced upon receipt of a provides that the Library ‘‘may adopt
November 30, 2007, paragraph (h) in petition from a party with a significant the rate embodied in the proposed
§ 117.739 is temporarily suspended and interest in the royalty rates. The Library settlement without convening an
a new paragraph (u) is added to read as received two such petitions–one on arbitration panel, provided that no
follows: behalf of the Office of the Commissioner opposing comment is received by the
of Baseball, the National Football Librarian [of Congress] from a party
§ 117.739 Passaic River. League, the National Basketball with an intent to participate in a CARP
* * * * * Association, the Women’s National proceeding.’’ 37 CFR 251.63(b). No
(u) From March 1, 2006 through Basketball Association, the National comments or Notices of Intent to
November 30, 2007, the Route 280 Hockey League, and the National Participate were received, enabling
Bridge, mile 5.8, may remain in the Collegiate Athletic Association publication of today’s final regulations
closed position for the passage of vessel (collectively, the ‘‘Joint Sports adopting the proposed agreement.
traffic. Claimants’’) and the Motion Picture These regulations are effective as of
Dated: September 25, 2005. Association of America, Inc., its member July 1, 2005, which means that the new
David P. Pekoske, companies and other producers and/or cable rates and the gross receipts
Rear Admiral, U.S. Coast Guard, Commander, distributors of syndicated television limitations are applicable to the second
First Coast Guard District. programs (collectively, the ‘‘Program accounting period of 2005 and
[FR Doc. 05–19950 Filed 10–5–05; 8:45 am] Suppliers’’) and the other from National thereafter. Payment of royalties
Cable & Telecommunications calculated on the basis of the new rates
Association (hereinafter ‘‘NCTA’’). In shall be due no later than March 1,
response to the Joint Sports Claimants/ 2006, for the accounting period
Program Suppliers’ petition and before beginning on July 1, 2005, and ending
receipt of the NCTA petition, the on December 31, 2005.
Copyright Office Library published a Federal Register The parties to this proceeding have
notice seeking comment on the former also notified the Copyright Office that
37 CFR Parts 201 and 256 petition and directing interested parties they will not seek an adjustment of the
to file a Notice of Intent to Participate 3.75% rate set forth in § 256.2(c). NCTA
[Docket No. 2005–2 CARP CRA] in a Copyright Arbitration Royalty Panel filed its notice with the Copyright Office
(‘‘CARP’’) rate adjustment proceeding. on August 2, 2005, and a joint notice of
Adjustment of Cable Statutory License
70 FR 16306 (March 30, 2005). The intent not to seek adjustment of the
Royalty Rates
notice also designated a 30–day period 3.75% rate was filed on August 10,
AGENCY: Copyright Office, Library of to enable the parties to negotiate a new 2005, on behalf of the remaining parties.
Congress. rate schedule. 37 CFR 251.63(a). As no further adjustments of the cable
ACTION: Final rule. In accordance with the March 30 rates are to be considered, the Library is
notice, the Office received one terminating this proceeding, effective as
SUMMARY: The Copyright Office of the agreement submitted jointly by of October 6, 2005. In future years,
Library of Congress is publishing final representatives of all of the parties who proceedings to adjust the section 111
regulations governing the adjustment of cable royalty rates shall be considered
the royalty rates for the cable statutory 1 Unless otherwise noted, all references are to
by the Copyright Royalty Judges under
license. chapter 8 of title 17 of the United States Code as
in effect prior to May 31, 2005, the effective date
a new program established by Congress
DATES: These regulations are effective as of the Copyright Royalty and Distribution Reform with the passage of the Copyright
of July 1, 2005. Act of 2004. Royalty and Distribution Reform Act of

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Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58311

2004, Public Law 108–419, 118 Stat. ■ h. In paragraph (b)(2), by removing A. What Comments Did We Receive on the
2341. ‘‘$189,800’’ each place it appears, and Proposed Action?
adding ‘‘$263,800’’ in its place, and by B. What Is the Basis for This Action?
List of Subjects C. What Is our Final Action?
removing ‘‘$379,600’’ each place it III. Statutory and Executive Order Reviews
37 CFR Part 201 appears and adding ‘‘$527,600’’ in its
Copyright, Procedures. place. I. Background
Dated: September 13, 2005 On January 16, 2003 (68 FR 2217),
37 CFR Part 256 EPA approved numerous changes to the
Marybeth Peters,
Cable television, Royalties. Register of Copyrights. Idaho Department of Environmental
Approved by: Quality (IDEQ) rules as revisions to the
Final Regulations
Idaho State implementation plan (SIP).
James H. Billington,
■ For the reasons set forth in the In that rulemaking, EPA did not approve
The Librarian of Congress.
preamble, the Library amends 37 CFR the IDEQ rules for toxic air pollutants or
parts 201 and 256 as follows: [FR Doc. 05–20096 Filed 10–5–05; 8:45 am] TAP’s and specifically excluded the
BILLING CODE 1410–33–S toxic air pollutant provisions (IDAPA
PART 201—GENERAL PROVISIONS, 210, 223, 585, and 586)
■ 1. The authority citation for part 201 from its incorporation by reference. See
ENVIRONMENTAL PROTECTION 40 CFR 52.670(c)(37); 68 FR at 2224
continues to read as follows:
AGENCY (January 16, 2003); 67 FR 52666, 52668,
Authority: 17 U.S.C. 702 52672–73 (August 13, 2002). However,
40 CFR Part 52 EPA inadvertently incorporated a cross
§ 201.17 [Amended]
[R10–OAR–2005–ID–0002; FRL–7977–5] reference to the toxic air pollutant
■ 2. Section 201.17 is amended as provisions (Sections 585 and 586)
follows: Approval and Promulgation of within the IDEQ definition of ‘‘regulated
■ a. In paragraph (d)(2), by removing Implementation Plans; Idaho; air pollutant’’ (IDAPA
‘‘$379,600’’ each place it appears and Correcting Amendment It was EPA’s intention to exclude all
adding ‘‘$527,600’’ in its place; aspects of the IDEQ toxic air pollutant
■ b. In paragraph (e)(12), by removing AGENCY: Environmental Protection
program from the federally-approved
‘‘$98,600’’ and adding ‘‘$137,100’’ in its Agency (EPA).
place; and ACTION: Final rule. EPA also received a request from the
■ c. In paragraph (g)(2)(ii), by removing
IDEQ to correct the inadvertent
‘‘0.956’’ and adding ‘‘1.013’’ in its place. SUMMARY: In this final action, EPA is
incorporation by reference. In an
correcting an error in the incorporation
PART 256—ADJUSTMENT OF October 20, 2004 letter to EPA, the
by reference provisions in the approval
ROYALTY FEE FOR CABLE Administrator of the IDEQ Air Quality
of revisions to the Rules for the Control
COMPULSORY LICENSE Division requested that EPA clarify or
of Air Pollution in Idaho (IDAPA
correct its approval of the Idaho SIP.
58.01.01) published on January 16, 2003
■ 3. The authority citation for part 256 On July 20, 2005, EPA proposed to
(68 FR 2217). This correction removes
continues to read as follows: correct this error by amending the
the list of State toxic air pollutants from
incorporation by reference of the Idaho
Authority: 17 U.S.C. 702, 802 the definition of ‘‘regulated air
SIP to exclude paragraph (f) from the
pollutant’’ in the EPA-approved Idaho
§ 256.2 [Amended] definition of ‘‘regulated air pollutant’’ at
State implementation plan.
■ 4. Section 256.2 is amended as IDAPA
DATES: This action is effective on
follows: November 7, 2005. II. This Action
■ a. In paragraph (a) introductory text,
ADDRESSES: Copies of the State’s request A. What Comments Did We Receive on
by removing the phrase ‘‘the second
semiannual accounting period of 2000’’ and other supporting information used the Proposed Action?
and adding the phrase ‘‘the second in developing this action are available EPA provided a 30-day review and
semiannual accounting period of 2005’’ for inspection during normal business comment period on the proposal
in its place; hours at the following locations: EPA, published in the Federal Register on
■ b. In paragraph (a)(1), by removing
Office of Air, Waste, and Toxics (AWT– July 20, 2005. 70 FR 41652. We received
‘‘.956’’ and adding ‘‘1.013’’ in its place; 107), 1200 Sixth Avenue, Seattle, no comments on our proposed
■ c. In paragraph (a)(2), by removing
Washington 98101. Interested persons rulemaking.
‘‘.956’’ and adding ‘‘1.013’’ in its place; wanting to examine these documents
■ d. In paragraph (a)(3), by removing should make an appointment with the B. What Is the Basis for This Action?
‘‘.630’’ and adding ‘‘.668’’ in its place; appropriate office at least 24 hours Under section 110(k)(6) of the Clean
■ e. In paragraph (a)(4), by removing before the visiting day. A reasonable fee Air Act, whenever EPA determines that
‘‘.296’’ and adding ‘‘.314’’ in its place; may be charged for copies. its action approving, disapproving, or
■ f. In paragraph (b) introductory text, FOR FURTHER INFORMATION CONTACT: promulgating any plan or plan revision
by removing the phrase ‘‘the second David C. Bray, Office of Air, Waste and (or part thereof), area designation,
semiannual accounting period of 2000’’ Toxics, AWT–107, Environmental redesignation, classification, or
and adding the phrase ‘‘the second Protection Agency, Region 10, 1200 reclassification was in error, EPA may
semiannual accounting period of 2005’’ Sixth Ave., Seattle, WA 98101; phone: in the same manner as the approval,
in its place; (206) 553–4253. disapproval, or promulgation revise
■ g. In paragraph (b)(1), by removing SUPPLEMENTARY INFORMATION: such action as appropriate without
‘‘$189,800’’ each place it appears and requiring any further submission from
adding ‘‘$263,800’’ in its place, and by Table of Contents the state. Such determination and the
removing $7,400’’ and adding ‘‘$10,400’’ I. Background basis thereof shall be provided to the
in its place; and II. This Action state and public. Pursuant to section

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