### 74623 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations

1 The most recent CPI–U figures are published in November of each year and use the period 1982– 1984 to establish a reference base of 100. The index for October 2009 was 216.177, while the figure for October 2010 was 218.711.

2 See 37 CFR 381.10(b) (adjusted royalty rates shall be ‘‘ fixed at the nearest dollar’’ ). 

### TABLE 

### I–11—S ELECTION OF 

### R ETIREMENT 

### R ATE 

### C ATEGORY [For plans with valuation dates after December 31, 2010, and before January 1, 2012]

If 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 than— From— To—

2012 ......................................................................................... 568 568 2,400 2,400 2013 ......................................................................................... 579 579 2,448 2,448 2014 ......................................................................................... 591 591 2,497 2,497 2015 ......................................................................................... 602 602 2,547 2,547 2016 ......................................................................................... 614 614 2,598 2,598 2017 ......................................................................................... 627 627 2,652 2,652 2018 ......................................................................................... 640 640 2,708 2,708 2019 ......................................................................................... 654 654 2,765 2,765 2020 ......................................................................................... 668 668 2,823 2,823 2021 or later ............................................................................ 682 682 2,882 2,882

1 Table II–A.

2 Table II–B.

3 Table II–C.

* * * * *

Issued in Washington, DC, this 29th day of November 2010. Vincent K. Snowbarger, Deputy Director for Operations, Pension Benefit Guaranty Corporation.
[FR Doc. 2010–30301 Filed 11–30–10; 8:45 am]

**BILLING CODE 7709–01–P**

**LIBRARY OF CONGRESS**

**Copyright Royalty Board**

**37 CFR Part 381**

**[Docket No. 2010–9 CRB]**
**Cost of Living Adjustment for Performance of Musical Compositions**  **by Colleges and Universities**

**AGENCY :**  Copyright Royalty Board, Library of Congress.

**ACTION :**  Final rule.

**SUMMARY :**  The Copyright Royalty Judges announce a cost of living adjustment ( ‘‘COLA’’ ) of 1.2% in the royalty rates that colleges, universities, and other nonprofit educational institutions that are not affiliated with National Public Radio pay for the use of published nondramatic musical compositions in the ASCAP, BMI and SESAC repertories. The COLA is based on the change in the Consumer Price Index from October 2009 to October 2010.

**DATES :**  Effective Date: January 1, 2011.

**FOR FURTHER INFORMATION CONTACT :**  Richard Strasser, Senior Attorney, or Gina Giuffreda, Attorney Advisor. Telephone: (202) 707–7658. E-mail: crb@loc.gov

. **SUPPLEMENTARY INFORMATION :**  Section 118 of the Copyright Act, title 17 of the United States Code, 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 not subject to privately negotiated licenses, are published in 37 CFR parts 253 and 381.

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, 2008, and ending December 31, 2012, were published in the Federal Register on November 30,
2007. See 72 FR 67646. Pursuant to these regulations, on or before December 1 of each year the Judges shall publish a notice of the change in the cost of living as determined by the Consumer Price Index (all urban consumers, all items ( ‘‘CPI–U’’ )) 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. See 37 CFR 381.10(a). The regulations also require that the Judges publish a revised schedule of rates for the public performance of musical compositions in the ASCAP, BMI, and SESAC repertories by public broadcasting entities licensed to colleges and universities, reflecting the change in the CPI–U. 37 CFR 381.10(a)(requiring publication of a revised schedule of rates for 37 CFR 381.5). Accordingly, the Judges are hereby announcing the change in the CPI–U and applying the annual COLA to the rates set out in 37 CFR 381.5(c). The change in the cost of living as determined by the CPI–U during the period from the most recent index published before December 1, 2009, to the most recent index published before December 1, 2010, is 1.2%. 1 Rounding to the nearest dollar, 2 the royalty rates for the performance of published nondramatic musical compositions in the repertories of ASCAP, BMI, and SESAC are $301, $301, and $121, respectively. List of Subjects in 37 CFR Part 381

Copyright, Music, Radio, Television, Rates. Final Regulations

■ For the reasons set forth in the preamble, part 381 of title 37 of the Code of Federal Regulations is amended to read as follows:

**PART 381—USE OF CERTAIN COPYRIGHTED WORKS IN**  **CONNECTION WITH NONCOMMERCIAL EDUCATIONAL**  **BROADCASTING**

■ 1. The authority citation for part 381 continues to read as follows:

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

803.

■ 2. Section 381.5 is amended by revising paragraphs (c)(1) through (c)(3) to read as follows:


### 74624 Federal Register / Vol. 75, No. 230 / Wednesday, December 1, 2010 / Rules and Regulations

**§ 381.5 Performance of musical compositions by public broadcasting**  **entities licensed to colleges and universities.** 
* * * * *

(c) * * * (1) For all such compositions in the repertory of ASCAP, $301 annually.

(2) For all such compositions in the repertory of BMI, $301 annually.

(3) For all such compositions in the repertory of SESAC, $121 annually.
* * * * *

Dated: November 24, 2010. James Scott Sledge, Chief, U.S. Copyright Royalty Judge.
[FR Doc. 2010–30060 Filed 11–30–10; 8:45 am]

**BILLING CODE 1410–72–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**
**[EPA–R04–OAR–2007–0113–201016(a); FRL–9234–4]** 
**Approval and Promulgation of Implementation Plans; Georgia: Stage**  **II Vapor Recovery**

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Direct final rule.

**SUMMARY :**  EPA is taking direct final action to approve revisions to the Georgia State Implementation Plan (SIP), submitted by the Georgia Environmental Protection Division (GA EPD) on September 26, 2006, with a clarifying revision submitted on November 6, 2006. The September 26, 2006, submittal includes multiple modifications to Georgia’s Air Quality Rules found at Chapter 391–3–1. Previously, EPA took action on the majority of the September 26, 2006, submittal in an action published in the Federal Register on February 9, 2010. In today’s action, EPA is addressing only the portion of the September 26, 2006, submittal that relates to revisions to Georgia’s Stage II gasoline vapor recovery rule at 391–3–1–.02(zz). These revisions are part of Georgia’s strategy to meet the national ambient air quality standards (NAAQS). EPA has determined that these revisions are consistent with the December 12, 2006, EPA memorandum from Stephen D. Page entitled Removal of Stage II Vapor Recovery in Situations Where Widespread Use of Onboard Refueling Vapor Recovery is Demonstrated. EPA is approving Georgia’s SIP revisions pursuant to section 110 of the Clean Air Act (CAA or Act). **DATES :**  This direct final rule is effective January 31, 2011 without further notice, unless EPA receives adverse comment by January 3, 2011. If EPA receives such comments, it will publish a timely withdrawal of the direct final rule in the Federal Register and inform the public that the rule will not take effect.

**ADDRESSES :**  Submit your comments, identified by Docket ID Number, ‘‘EPA– R04–OAR–2007–0113, ’’ by one of the following methods:

1. http://www.regulations.gov: Follow the on-line instructions for submitting
comments.

2. E-mail: benjamin.lynorae@epa.gov.
3. Fax: 404–562–9019. 4. Mail: ‘‘EPA–R04–OAR–2007–0113, ’’ Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960.

5. Hand Delivery or Courier: Ms. Lynorae Benjamin, Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. Such deliveries are only accepted during the Regional Office’s normal hours of operation. The Regional Office’s official hours of business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.

Instructions: Direct your comments to Docket ID Number, ‘‘EPA–R04–OAR–
2007–0113. ’’ 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.regulations.gov, 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 through http:// www.regulations.gov or e-mail, information that you consider to be CBI or otherwise protected. The http:// www.regulations.gov Web site is an

‘‘ anonymous access ’’ system, 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 http:// www.regulations.gov, your e-mail 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 include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket visit the EPA Docket Center homepage at http:// www.epa.gov/epahome/dockets.htm.

Docket: All documents in the electronic docket are listed in the http:// www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in http:// www.regulations.gov or in hard copy at the Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. EPA requests that if at all possible, you contact the person listed in the **FOR FURTHER INFORMATION CONTACT**  section to schedule your inspection. The Regional Office’s official hours of business are Monday through Friday, 8:30 to 4:30, excluding Federal holidays.

**FOR FURTHER INFORMATION CONTACT :**  Jane Spann, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303–8960. The telephone number is (404) 562–9029. Ms. Spann can also be reached via electronic mail at spann.jane@epa.gov.

Table of Contents
I. Background II. CAA and Georgia SIP Provisions III. Analysis of Georgia’s SIP Revisions IV. Final Action V. Statutory and Executive Order Reviews

**SUPPLEMENTARY INFORMATION :**  I. Background A. Georgia’s Submittals

On September 26, 2006, with a clarifying revision submitted on November 6, 2006, GA EPD submitted proposed SIP revisions to EPA for review and approval into the Georgia SIP. The September 26, 2006, submittal