Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 58199 

Document ADAMS Accession 

No. 

Proposed CoC No. 1032, Amendment No. 0, Revision 1 .......................................................................................................... ML15124A631 

Appendix A of Proposed TSs ...................................................................................................................................................... ML15124A636 

Appendix B of Proposed TS ....................................................................................................................................................... ML15124A642 

Preliminary SER .......................................................................................................................................................................... ML15124A644 

September 16, 2014, application ................................................................................................................................................ ML14262A070 

March 12, 2015, supplement to application ................................................................................................................................ ML15071A472 

The NRC may post materials related 

to this document, including public 

comments, on the Federal rulemaking 

Web site at http://www.regulations.gov 

under Docket ID NRC–2015–0134. The 

Federal rulemaking Web site allows you 

to receive alerts when changes or 

additions occur in a docket folder. To 

subscribe: (1) Navigate to the docket 

folder (NRC–2015–0134); (2) click the 

‘‘Sign up for Email Alerts’’ link; and (3) 

enter your email address and select how 

frequently you would like to receive 

emails (daily, weekly, or monthly). 

List of Subjects in 10 CFR Part 72 

Administrative practice and 

procedure, Criminal penalties, 

Hazardous waste, Indians, 

Intergovernmental relations, Manpower 

training programs, Nuclear energy, 

Nuclear materials, Occupational safety 

and health, Penalties, Radiation 

protection, Reporting and recordkeeping 

requirements, Security measures, Spent 

fuel, Whistleblowing. 

For the reasons set out in the 

preamble and under the authority of the 

Atomic Energy Act of 1954, as amended; 

the Energy Reorganization Act of 1974, 

as amended; the Nuclear Waste Policy 

Act of 1982, as amended; and 5 U.S.C. 

552 and 553; the NRC is adopting the 

following amendments to 10 CFR part 

72. 

PART 72—LICENSING 

REQUIREMENTS FOR THE 

INDEPENDENT STORAGE OF SPENT 

NUCLEAR FUEL, HIGH-LEVEL 

RADIOACTIVE WASTE, AND 

REACTOR-RELATED GREATER THAN 

CLASS C WASTE 

■ 1. The authority citation for part 72 

continues to read as follows: 

Authority: Atomic Energy Act of 1954, 

secs. 51, 53, 57, 62, 63, 65, 69, 81, 161, 182, 

183, 184, 186, 187, 189, 223, 234, 274 (42 

U.S.C. 2071, 2073, 2077, 2092, 2093, 2095, 

2099, 2111, 2201, 2210e, 2232, 2233, 2234, 

2236, 2237, 2238, 2273, 2282, 2021); Energy 

Reorganization Act of 1974, secs. 201, 202, 

206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); 

National Environmental Policy Act of 1969 

(42 U.S.C. 4332); Nuclear Waste Policy Act 

of 1982, secs. 117(a), 132, 133, 134, 135, 137, 

141, 145(g), 148, 218(a) (42 U.S.C. 10137(a), 

10152, 10153, 10154, 10155, 10157, 10161, 

10165(g), 10168, 10198(a)); 44 U.S.C. 3504 

note. 

■ 2. In § 72.214, Certificate of 

Compliance No. 1032 is revised to read 

as follows: 

§ 72.214 List of approved spent fuel 

storage casks. 

* * * * * 

Certificate Number: 1032. 

Initial Certificate Effective Date: June 

13, 2011, superseded by Amendment 

Number 0, Revision 1, on April 25, 

2016. 

Amendment Number 0, Revision 1, 

Effective Date: April 25, 2016. 

Amendment Number 1 Effective Date: 

December 17, 2014, superseded by 

Amendment Number 1, Revision 1, on 

June 2, 2015. 

Amendment Number 1, Revision 1, 

Effective Date: June 2, 2015. 

SAR Submitted by: Holtec 

International, Inc. 

SAR Title: Final Safety Analysis 

Report for the Holtec International HI– 

STORM FW System. 

Docket Number: 72–1032. 

Certificate Expiration Date: June 12, 

2031. 

Model Number: HI–STORM FW 

MPC–37, MPC–89. 

* * * * * 

Dated at Rockville, Maryland, this 18th day 

of September, 2015. 

For the Nuclear Regulatory Commission. 

Michael F. Weber, 

Acting, Executive Director for Operations. 

[FR Doc. 2015–24615 Filed 9–25–15; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2015–1137; Airspace 

Docket No. 15–ANM–4] 

Amendment of Class E Airspace; 

Portland, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action modifies Class E 

surface area airspace designated as an 

extension to Class C airspace, and Class 

E airspace extending upward from 700 

feet above the surface at Portland 

International Airport, Portland, OR. 

After reviewing the airspace, the FAA 

found the Portland VHF 

omnidirectional radio range/distance 

measuring equipment (VOR/DME) and 

Laker non-directional beacon (NDB) has 

been decommissioned, thereby 

necessitating airspace redesign for the 

safety and management of Instrument 

Flight Rules (IFR) operations at the 

airport. This action also corrects the 

geographic coordinates of the airport. 

DATES: Effective 0901 UTC, December 

10, 2015. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

ADDRESSES: FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, and subsequent amendments can 

be viewed online at http://www.faa.gov/ 

air_traffic/publications/. For further 

information, you can contact the 

Airspace Policy and ATC Regulations 

Group, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington DC 29591; 

telephone: 202–267–8783. The Order is 

also available for inspection at the 

National Archives and Records 

Administration (NARA). For 

information on the availability of this 

material at NARA, call 202–741–6030, 

or go to http://www.archives.gov/

federal_register/code_of_federalregulations/ibr_locations.html. 

FAA Order 7400.9, Airspace 

Designations and Reporting Points, is 

published yearly and effective on 

September 15. 

FOR FURTHER INFORMATION CONTACT: 

Steve Haga, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue SW., Renton, WA 98057; 

telephone (425) 203–4563. 

SUPPLEMENTARY INFORMATION: 


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58200 Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 

Authority for This Rulemaking 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, Section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. This rulemaking is 

promulgated under the authority 

described in Subtitle VII, Part A, 

Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends 

controlled airspace at Portland 

International Airport, Portland, OR. 

History 

On July 20, 2015, the FAA published 

in the Federal Register a notice of 

proposed rulemaking (NPRM) to modify 

Class E surface area airspace designated 

as an extension to the Class C airspace, 

and Class E airspace extending upward 

from 700 feet above the surface at 

Portland International Airport, Portland, 

OR, (80 FR 42760). Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. 

Subsequent to publication, the FAA 

found minor latitudinal and 

longitudinal adjustments were required 

to ensure sectional chart accuracy. The 

2.7 mile references are changed to 3 

miles to compensate for calculation 

differences between nautical and statute 

miles. These errors have been corrected 

in this document. 

Class E airspace designations are 

published in paragraph 6003 and 6005, 

respectively, of FAA Order 7400.9Z, 

dated August 6, 2015, and effective 

September 15, 2015, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Availability and Summary of 

Documents for Incorporation by 

Reference 

This document amends FAA Order 

7400.9Z, airspace Designations and 

Reporting Points, dated August 6, 2015, 

and effective September 15, 2015. FAA 

Order 7400.9Z is publicly available as 

listed in the ADDRESSES section of this 

final rule. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Rule 

This amendment to Title 14, Code of 

Federal Regulations (14 CFR) part 71 

modifies Class E airspace designated as 

an extension to Class C airspace, and 

Class E airspace extending upward from 

700 feet above the surface at Portland 

International Airport, Portland, OR. A 

review of the airspace revealed 

modification necessary due to the 

decommissioned Portland VOR/DME 

and Laker NDB navigation aids. Also, 

the geographic coordinates of the airport 

are amended to coincide with the FAA’s 

aeronautical database. 

Class E airspace designated as an 

extension to Class C airspace is 

modified to an area 4.7 miles west and 

4 miles east of the 044° bearing from 

Portland International Airport extending 

to 18 miles northeast of the airport. The 

lateral boundary for Class E airspace 

extending upward from 700 feet above 

the surface is defined utilizing 

latitudinal and longitudinal reference 

points instead of navigation aids. This 

does not change the lateral boundaries 

or operating requirements of the 

airspace. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore, (1) is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, does not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

Lists of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for Part 71 

continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g); 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, and 

effective September 15, 2015, is 

amended as follows: 

Paragraph 6003 Class E Airspace Areas 

Designated as an Extension 

* * * * * 

ANM OR E3 Portland, OR [Modified] 

Portland International Airport, OR 

(Lat. 45°35′19′′ N., long. 122°35′49′′ W.) 

That airspace extending upward from the 

surface bounded by a line beginning at lat. 

45°40′12′′ N., long. 122°37′24′′ W.; to lat. 

45°41′14′′ N., long. 122°37′21′′ W.; to lat. 

45°51′45′′ N., long. 122°22′16′′ W.; to lat. 

45°45′40′′ N., long. 122°13′32′′ W.; to lat. 

45°35′13′′ N., long. 122°28′42′′ W.; thence 

counter-clockwise along the 5-mile radius of 

Portland International Airport to the point of 

beginning. 

Paragraph 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth 

* * * * * 

ANM OR E5 Portland, OR [Modified] 

Portland International Airport, OR 

(Lat. 45°35′19′′ N., long. 22°35′49′′ W.) 

McMinnville, McMinnville Municipal 

Airport, OR 

(Lat. 45°11′40′′ N., long. 123°08′10′′ W.) 

That airspace extending upward from 700 

feet above the surface bounded by a line 

beginning at lat. 45°59′59′′ N., long. 

123°30′04′′ W.; to lat. 46°00′00′′ N., long. 

122°13′00′′ W.; thence via an 8.5-mile radius 

centered at lat. 45°55′07′′ N., long. 122°03′02′′ 

W. clockwise to lat. 45°46′39′′ N., long. 

122°04′00′′ W.; thence via a line south to lat. 

45°09′59′′ N., long. 122°04′00′′ W.; thence to 

lat. 45°09′59′′ N., long. 123°02′34′′ W.; to lat. 

45°09′59′′ N., long. 123°30′04′′ W.; thence to 

the point of beginning; and within a 4.3-mile 

radius of McMinnville Municipal Airport; 

and within 2 miles each side of the 215° 

bearing from McMinnville Municipal Airport 

to 8.1 miles south of the airport; and that 


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Federal Register / Vol. 80, No. 187 / Monday, September 28, 2015 / Rules and Regulations 58201 

1 Joint Motion to Adopt Partial Settlement, Docket 

No. 2014–CRB–0001–WR (2016–2020) (Oct. 7, 

2014) (Joint Motion). 2See 79 FR 65609 (Nov. 5, 2014). 

3The Settlement also ‘‘makes a handful of further 

minor changes to the current rates and terms for 

NEWs.’’ [SoundExchange’s] Comments Concerning 

Proposed Settlement at n.1 (Nov. 26, 2014) 

(SoundExchange Comments). 

airspace extending upward from 1,200 feet 

above the surface bounded by a line 

beginning at lat. 46°30′29′′ N., long. 

124°06′51′′ W.; to lat. 46°30′29′′ N., long. 

120°29′40′′ W.; to lat. 45°42′49′′ N., long. 

121°06′03′′ W.; to lat. 44°15′10′′ N., long. 

121°18′13′′ W.; to lat. 44°29′59′′ N., long. 

123°17′38′′ W.; to lat. 44°29′59′′ N., long. 

124°08′036′′ W. to a point 3 miles offshore; 

thence along a line 3 miles offshore to the 

point of beginning. 

Issued in Seattle, Washington, on 

September 21, 2015. 

Christopher Ramirez, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2015–24434 Filed 9–25–15; 8:45 am] 

BILLING CODE 4910–13–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 380 

[Docket No. 2014–CRB–0001–WR (2016– 

2020) (Web IV)] 

Digital Performance Right in Sound 

Recordings and Ephemeral 

Recordings 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Royalty Judges 

publish final regulations that set the 

rates and terms for the digital 

performances of sound recordings by 

certain noncommercial educational 

webcasters and for the making of 

ephemeral recordings necessary to 

facilitate those transmissions for the 

period commencing January 1, 2016, 

and ending on December 31, 2020. 

DATES: Effective: January 1, 2016. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Keys, Program Specialist, at 

(202) 707–7658, or at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: The 

Copyright Royalty Judges (Judges) 

received a joint motion from 

SoundExchange, Inc. (SoundExchange), 

and College Broadcasters, Inc. (CBI) in 

which they announced a partial 

settlement of the above proceeding for 

certain internet transmissions by college 

radio stations and other noncommercial 

webcasters.1 SoundExchange and CBI 

requested that the Judges adopt their 

agreement as a partial settlement of rates 

and terms under Section 112(e) and 114 

of the Copyright Act (Act) for eligible 

nonsubscription transmissions by 

noncommercial educational webcasters 

(NEWs) over the internet, and related 

ephemeral recordings. The Judges 

published the proposed settlement and 

requested comments from the public.2

For the reasons discussed below, the 

Judges hereby adopt the proposed 

settlement, with the exception of a 

single provision that would identify 

SoundExchange as the designated 

Collective for the upcoming license 

period. The Judges defer designation of 

the Collective for the upcoming 

licensing period until the conclusion of 

the proceeding. 

Background 

The proposed SoundExchange/CBI 

settlement (Settlement) generally 

continues in effect, with certain 

adjustments, the extant rates for eligible 

NEWs that were codified in 37 CFR part 

380 Subpart C. The Judges adopted 

those rates and terms pursuant to 

Section 801(b)(7)(A) of the Act as part 

of the prior webcasting determination. 

See Digital Performance Right in Sound 

Recordings and Ephemeral Recordings, 

76 FR 13026 (Web-III). 

Under the proposed Settlement, an 

eligible NEW would pay a $500 annual 

fee for each of the individual channels, 

side channels, or stations through which 

it makes Eligible Transmissions. 

Proposed Rule 37 CFR 380.22(a). The 

$500 fee would also serve as the 

minimum fee for eligible NEWs. All 

other NEWs would pay the royalties 

established under Part 380 Subpart A 

applicable to noncommercial 

webcasters. Proposed Rule 37 CFR 

380.22(c). 

To qualify for the rates under the 

Settlement, a NEW’s total monthly per 

channel or per station transmissions 

must remain below 159,140 aggregate 

tuning hours (ATH). If a NEW’s 

transmissions exceed that threshold, the 

NEW must pay royalties for the relevant 

month, and for the remainder of the 

relevant year, in accordance with the 

otherwise applicable noncommercial 

rates to be determined in this 

proceeding. In subsequent years, a NEW 

that wishes to pay the rates under the 

Settlement must take affirmative steps 

not to exceed the 159,140 ATH 

threshold. Proposed Rule 37 CFR 

380.22(b). 

Commercial webcasters are required 

to make detailed, census reports of all 

sound recordings they transmit. NEWs 

with limited listenership may pay the 

Collective a proxy fee to avoid the 

burden of census reporting. The 

Settlement increases the listenership 

cap (from 55,000 ATH to 80,000 ATH) 

for services electing the proxy fee in lieu 

of the census reporting option provided 

in 37 CFR 380.23(g)(1). See Proposed 

Rule 37 CFR 380.22(g)(1).3 A NEW 

electing the reporting waiver in 37 CFR 

380.23(g)(1) must pay a $100 annual 

proxy fee to the Collective. Proposed 

Rule 37 CFR 380.22(a). 

Comment Summary 

The Judges received nearly 60 

comments—some supporting and some 

opposing adoption of the Settlement—in 

response to their request for comments 

published in the Federal Register. Many 

of the comments appeared to be form 

letters; hence, the number of 

commenters exceeded the number of 

substantive comments. Some of the 

comments came from affiliated entities. 

The Judges considered the views of all 

commenters in reaching their decision 

and all comments are posted to the 

CRB’s Web site. The Judges discuss 

illustrative examples here. 

Comments Supporting Adoption of the 

Settlement 

In its comment supporting adoption 

of the joint proposal, CBI noted that the 

Settlement contains 

the same terms that NEWs have been 

successfully using for several years to comply 

with the statutory license for webcasting 

copyright works. Keeping these rates and 

terms in place will prevent disruption of 

their operation and ensure the 

noncommercial educational webcasters 

[remain able to provide] creators of musical 

recordings access to the noncommercial 

educational listener market. 

Comment by College Broadcasters, Inc. 

in Support of Adopting The Joint 

Settlement Between College 

Broadcasters, Inc. and SoundExchange 

at 1 (Nov. 26, 2014) (CBI Comment). 

CBI further noted that 

[T]he current Settlement continues 

essentially the same recordkeeping terms that 

have been integral for NEWs to be able to 

comply with the statutory license. In 

particular, these recordkeeping terms include 

an optional proxy fee, which allows NEWs to 

pay an additional $100 in lieu of complying 

with ordinarily-applicable recordkeeping 

rules, which are frequently impossible for 

NEWs to comply with due to their more 

limited budgets, older broadcasting 

technology, and other operational 

limitations. [T]he new Settlement makes this 

extremely necessary reporting option 

available for more stations than the previous 

one did. It also continues to provide 

recordkeeping relief for those stations whose 

audience size makes them ineligible for this 


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