69822 Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Rules and Regulations 

expected retirement age based on both 

the earliest age a participant could retire 

under the plan and the unreduced 

retirement age. This expected retirement 

age is used to compute the value of the 

early retirement benefit and, thus, the 

total value of benefits under the plan. 

This document amends appendix D to 

replace Table I–04 with Table I–05 in 

order to provide an updated correlation, 

appropriate for calendar year 2005, 

between the amount of a participant’s 

benefit and the probability that the 

participant will elect early retirement. 

Table I–05 will be used to value benefits 

in plans with valuation dates during 

calendar year 2005. 

The PBGC has determined that notice 

of and public comment on this rule are 

impracticable and contrary to the public 

interest. Plan administrators need to be 

able to estimate accurately the value of 

plan benefits as early as possible before 

initiating the termination process. For 

that purpose, if a plan has a valuation 

date in 2005, the plan administrator 

needs the updated table being 

promulgated in this rule. Accordingly, 

the public interest is best served by 

issuing this table expeditiously, without 

an opportunity for notice and comment, 

to allow as much time as possible to 

estimate the value of plan benefits with 

the proper table for plans with valuation 

dates in early 2005. 

The PBGC has determined that this 

action is not a ‘‘significant regulatory 

action’’ under the criteria set forth in 

Executive Order 12866. 

Because no general notice of proposed 

rulemaking is required for this 

regulation, the Regulatory Flexibility 

Act of 1980 does not apply (5 U.S.C. 

601(2)).

List of Subjects in 29 CFR Part 4044

Pension insurance, Pensions.

■ In consideration of the foregoing, 29 

CFR part 4044 is amended as follows:

PART 4044—[AMENDED]

■ 1. The authority citation for part 4044 

continues to read as follows:

Authority: 29 U.S.C. 1301(a), 1302(b)(3), 

1341, 1344, 1362.

■ 2. Appendix D to part 4044 is amended 

by removing Table I–04 and adding in its 

place Table I–05 to read as follows:

Appendix D to Part 4044—Tables Used 

To Determine Expected Retirement Age

TABLE I–05.—SELECTION OF RETIREMENT RATE CATEGORY

[For Plans with valuation dates after December 31, 2004, and before January 1, 2006] 

Participant reaches URA in year—

Participant’s retirement rate category is—

Low 1 if 

monthly benefit at URA is 

less than—

Medium 2 if monthly benefit at 

URA is 

High 3 if 

monthly benefit at URA is 

greater 

From To than—

2006 ......................................................................................................................... 477 477 2,018 2,018

2007 ......................................................................................................................... 486 486 2,056 2,056

2008 ......................................................................................................................... 497 497 2,102 2,102

2009 ......................................................................................................................... 509 509 2,154 2,154

2010 ......................................................................................................................... 522 522 2,208 2,208

2011 ......................................................................................................................... 535 535 2,263 2,263

2012 ......................................................................................................................... 549 549 2,320 2,320

2013 ......................................................................................................................... 562 562 2,378 2,378

2014 ......................................................................................................................... 576 576 2,437 2,437

2015 or later ............................................................................................................ 591 591 2,498 2,498

1Table II–A. 2Table II–B. 3Table II–C. 

* * * * *

Issued in Washington, DC, this 23rd day of 

November, 2004. 

Joseph H. Grant, 

Deputy Executive Director and Chief 

Operating Officer, Pension Benefit Guaranty 

Corporation.

[FR Doc. 04–26429 Filed 11–30–04; 8:45 am] 

BILLING CODE 7708–01–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 253

[Docket No. 2004–8 CARP NCBRA]

Cost of Living Adjustment for 

Performance of Musical Compositions 

by Colleges and Universities

AGENCY: Copyright Office, Library of 

Congress.

ACTION: Final rule.

SUMMARY: The Copyright Office of the 

Library of Congress announces a cost of 

living adjustment of 3.2% in the royalty 

rates paid by colleges, universities, or 

other nonprofit educational institutions 

that are not affiliated with National 

Public Radio for the use of copyrighted 

published nondramatic musical 

compositions in the BMI, ASCAP and 

SESAC repertoires. The cost of living 

adjustment is based on the change in the 

Consumer Price Index from October, 

2003 to October, 2004.

DATES: January 1, 2005.

FOR FURTHER INFORMATION CONTACT:

Tanya M. Sandros, Associate General 

Counsel, Copyright Arbitration Royalty 

Panel, P.O. Box 70977, Southwest 

Station, Washington, D.C. 20024. 

Telephone: (202) 707–8380. Telefax: 

(202) 252–3423.

SUPPLEMENTARY INFORMATION: Section 

118 of the Copyright Act, 17 U.S.C., 

creates a compulsory license for the use 

of published nondramatic musical 

works and published pictorial, graphic, 

and sculptural works in connection 

with noncommercial broadcasting. 

Terms and rates for this compulsory 

license, applicable to parties who are

Federal Register / Vol. 69, No. 230 / Wednesday, December 1, 2004 / Rules and Regulations 69823

not subject to privately negotiated 

licenses, are published in 37 CFR part 

253 and are subject to adjustment at 

five–year intervals. 17 U.S.C. 118(c).

The most recent proceeding to 

consider the terms and rates for the 

section 118 license occurred in 2002. 67 

FR 15414 (April 1, 2002). Final 

regulations governing the terms and 

rates of copyright royalty payments with 

respect to certain uses by public 

broadcasting entities of published 

nondramatic musical works, and 

published pictorial, graphic, and 

sculptural works for the license period 

beginning January 1, 2003, and ending 

December 31, 2007, were published in 

the Federal Register on December 17, 

2002. 67 FR 77170 (December 17, 2002).

Pursuant to these regulations, on 

December 1 of each year the Librarian 

shall publish a notice of the change in 

the cost of living as determined by the 

Consumer Price Index (all consumers, 

all items) during the period from the 

most recent Index published prior to the 

previous notice, to the most recent 

Index published prior to December 1, of 

that year. 37 CFR 253.10(a). The 

regulations also require that the 

Librarian publish a revised schedule of 

rates for the public performance of 

musical compositions in the ASCAP, 

BMI, and SESAC repertoires by public 

broadcasting entities licensed to 

colleges and universities, reflecting the 

change in the Consumer Price Index. 37 

CFR 253.10(b). Accordingly, the 

Copyright Office of the Library of 

Congress is hereby announcing the 

change in the Consumer Price Index and 

performing the annual cost of living 

adjustment to the rates set out in 

§253.5(c).

The change in the cost of living as 

determined by the Consumer Price 

Index (all consumers, all items) during 

the period from the most recent Index 

published before December 1, 2003, to 

the most recent Index published before 

December 1, 2004, is 3.2% (2003’s figure 

was 185.0; the figure for 2004 is 190.9, 

based on 1982–1984=100 as a reference 

base). Rounding off to the nearest dollar, 

the royalty rates for the use of musical 

compositions in the repertories of 

ASCAP, BMI, and SESAC are $262, 

$262, and $85, respectively.

List of Subjects in 37 CFR Part 253

Copyright, Radio, Television.

Final Regulation

■ For the reasons set forth in the 

preamble, part 253 of title 37 of the Code 

of Federal Regulations is amended as 

follows:

PART 253—USE OF CERTAIN 

COPYRIGHTED WORKS IN 

CONNECTION WITH 

NONCOMMERCIAL EDUCATIONAL 

BROADCASTING

■ 1. The authority citation for part 253 

continues to read as follows:

Authority: 17 U.S.C. 118, 801(b)(1) and 

803.

■ 2. Section 253.5 is amended by 

revising paragraphs (c)(1) through (c)(3) 

as follows:

§253.5 Performance of musical 

compositions by public broadcasting 

entities licensed to colleges and 

universities. 

* * * **

(c) * * *

(1) For all such compositions in the 

repertory of ASCAP, $262 annually.

(2) For all such compositions in the 

repertory of BMI, $262 annually.

(3) For all such compositions in the 

repertory of SESAC, $85 annually.

* * * **

Date: November 22, 2004

Marybeth Peters,

Register of Copyrights.

[FR Doc. 04–26265 Filed 11–30–04; 8:45 am]

BILLING CODE 1410–33–S

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52

[R10–OAR–2004–OR–0001; FRL–7839–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; Oregon; 

Removal of Perchloroethylene Dry 

Cleaning Systems Rules

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve a revision to the 

Oregon State Implementation Plan and 

repeal rules which are no longer 

required by the Clean Air Act. The 

revision consists of the repeal of 

Oregon’s control technology guidelines 

for perchloroethylene (perc) dry 

cleaning systems and related definitions 

and provisions. Perc is a solvent 

commonly used in dry cleaning, 

maskant operations, and degreasing 

operations. In 1996, EPA excluded perc 

from the Federal definition of volatile 

organic compounds for the purpose of 

preparing state implementation plans to 

attain the national ambient air quality 

standards for ozone under title I of the 

Clean Air Act. Emissions from perc dry 

cleaners continue to be regulated as 

hazardous air pollutants under the 

National Emissions Standards for 

Hazardous Air Pollutants.

DATES: This direct final rule will be 

effective January 31, 2005, without 

further notice, unless EPA receives 

adverse comments by January 3, 2005. If 

adverse comments are received, EPA 

will publish a timely withdrawal of the 

direct final rule in the Federal Register

informing the public that the rule will 

not take effect.

ADDRESSES: Submit your comments, 

identified by Docket ID No. R10–OAR–

2004–OR–0001, by one of the following 

methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http://

www.epa.gov/edocket. EDOCKET, EPA’s 

electronic public docket and comment 

system, is EPA’s preferred method for 

receiving comments. Follow the on-line 

instructions for submitting comments. 

• Mail: Colleen Huck, Office of Air, 

Waste and Toxics, AWT–107 EPA, 

Region 10, 1200 Sixth Ave., Seattle, 

Washington 98101. 

• Hand Delivery: Colleen Huck, 

Office of Air, Waste and Toxics, AWT–

107, 9th Floor, EPA, Region 10, 1200 

Sixth Ave., Seattle, Washington 98101. 

Such deliveries are only accepted 

during normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. R10–OAR–2004–OR–

0001. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.epa.gov/edocket, including any 

personal information provided, unless 

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 EDOCKET, 

regulations.gov or e-mail. The EPA 

EDOCKET and the Federal 

regulations.gov Web site are 

‘‘anonymous access’’ systems, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

EDOCKET or regulations.gov, your email 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, EPA recommends that you