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

2004, Public Law 108–419, 118 Stat. 

2341. 

List of Subjects 

37 CFR Part 201 

Copyright, Procedures. 

37 CFR Part 256 

Cable television, Royalties. 

Final Regulations 

■ For the reasons set forth in the 

preamble, the Library amends 37 CFR 

parts 201 and 256 as follows: 

PART 201—GENERAL PROVISIONS 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 17 U.S.C. 702 

§ 201.17 [Amended] 

■ 2. Section 201.17 is amended as 

follows: 

■ a. In paragraph (d)(2), by removing 

‘‘$379,600’’ each place it appears and 

adding ‘‘$527,600’’ in its place; 

■ b. In paragraph (e)(12), by removing 

‘‘$98,600’’ and adding ‘‘$137,100’’ in its 

place; and 

■ c. In paragraph (g)(2)(ii), by removing 

‘‘0.956’’ and adding ‘‘1.013’’ in its place. 

PART 256—ADJUSTMENT OF 

ROYALTY FEE FOR CABLE 

COMPULSORY LICENSE 

■ 3. The authority citation for part 256 

continues to read as follows: 

Authority: 17 U.S.C. 702, 802 

§ 256.2 [Amended] 

■ 4. Section 256.2 is amended as 

follows: 

■ a. In paragraph (a) introductory text, 

by removing the phrase ‘‘the second 

semiannual accounting period of 2000’’

and adding the phrase ‘‘the second 

semiannual accounting period of 2005’’

in its place; 

■ b. In paragraph (a)(1), by removing 

‘‘.956’’ and adding ‘‘1.013’’ in its place; 

■ c. In paragraph (a)(2), by removing 

‘‘.956’’ and adding ‘‘1.013’’ in its place; 

■ d. In paragraph (a)(3), by removing 

‘‘.630’’ and adding ‘‘.668’’ in its place; 

■ e. In paragraph (a)(4), by removing 

‘‘.296’’ and adding ‘‘.314’’ in its place; 

■ f. In paragraph (b) introductory text, 

by removing the phrase ‘‘the second 

semiannual accounting period of 2000’’

and adding the phrase ‘‘the second 

semiannual accounting period of 2005’’

in its place; 

■ g. In paragraph (b)(1), by removing 

‘‘$189,800’’ each place it appears and 

adding ‘‘$263,800’’ in its place, and by 

removing $7,400’’ and adding ‘‘$10,400’’

in its place; and 

■ h. In paragraph (b)(2), by removing 

‘‘$189,800’’ each place it appears, and 

adding ‘‘$263,800’’ in its place, and by 

removing ‘‘$379,600’’ each place it 

appears and adding ‘‘$527,600’’ in its 

place. 

Dated: September 13, 2005 

Marybeth Peters, 

Register of Copyrights. 

Approved by: 

James H. Billington, 

The Librarian of Congress. 

[FR Doc. 05–20096 Filed 10–5–05; 8:45 am] 

BILLING CODE 1410–33–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R10–OAR–2005–ID–0002; FRL–7977–5] 

Approval and Promulgation of 

Implementation Plans; Idaho; 

Correcting Amendment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: In this final action, EPA is 

correcting an error in the incorporation 

by reference provisions in the approval 

of revisions to the Rules for the Control 

of Air Pollution in Idaho (IDAPA 

58.01.01) published on January 16, 2003 

(68 FR 2217). This correction removes 

the list of State toxic air pollutants from 

the definition of ‘‘regulated air 

pollutant’’ in the EPA-approved Idaho 

State implementation plan. 

DATES: This action is effective on 

November 7, 2005. 

ADDRESSES: Copies of the State’s request 

and other supporting information used 

in developing this action are available 

for inspection during normal business 

hours at the following locations: EPA, 

Office of Air, Waste, and Toxics (AWT–

107), 1200 Sixth Avenue, Seattle, 

Washington 98101. Interested persons 

wanting to examine these documents 

should make an appointment with the 

appropriate office at least 24 hours 

before the visiting day. A reasonable fee 

may be charged for copies. 

FOR FURTHER INFORMATION CONTACT: 

David C. Bray, Office of Air, Waste and 

Toxics, AWT–107, Environmental 

Protection Agency, Region 10, 1200 

Sixth Ave., Seattle, WA 98101; phone: 

(206) 553–4253. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. This Action 

A. What Comments Did We Receive on the 

Proposed Action? 

B. What Is the Basis for This Action? 

C. What Is our Final Action? 

III. Statutory and Executive Order Reviews 

I. Background 

On January 16, 2003 (68 FR 2217), 

EPA approved numerous changes to the 

Idaho Department of Environmental 

Quality (IDEQ) rules as revisions to the 

Idaho State implementation plan (SIP). 

In that rulemaking, EPA did not approve 

the IDEQ rules for toxic air pollutants or 

TAP’s and specifically excluded the 

toxic air pollutant provisions (IDAPA 

58.01.01.203.03, 210, 223, 585, and 586) 

from its incorporation by reference. See 

40 CFR 52.670(c)(37); 68 FR at 2224 

(January 16, 2003); 67 FR 52666, 52668, 

52672–73 (August 13, 2002). However, 

EPA inadvertently incorporated a cross 

reference to the toxic air pollutant 

provisions (Sections 585 and 586) 

within the IDEQ definition of ‘‘regulated 

air pollutant’’ (IDAPA 58.01.01.006(84)). 

It was EPA’s intention to exclude all 

aspects of the IDEQ toxic air pollutant 

program from the federally-approved 

SIP. 

EPA also received a request from the 

IDEQ to correct the inadvertent 

incorporation by reference. In an 

October 20, 2004 letter to EPA, the 

Administrator of the IDEQ Air Quality 

Division requested that EPA clarify or 

correct its approval of the Idaho SIP. 

On July 20, 2005, EPA proposed to 

correct this error by amending the 

incorporation by reference of the Idaho 

SIP to exclude paragraph (f) from the 

definition of ‘‘regulated air pollutant’’ at 

IDAPA 58.01.01.006(84). 

II. This Action 

A. What Comments Did We Receive on 

the Proposed Action? 

EPA provided a 30-day review and 

comment period on the proposal 

published in the Federal Register on 

July 20, 2005. 70 FR 41652. We received 

no comments on our proposed 

rulemaking. 

B. What Is the Basis for This Action? 

Under section 110(k)(6) of the Clean 

Air Act, whenever EPA determines that 

its action approving, disapproving, or 

promulgating any plan or plan revision 

(or part thereof), area designation, 

redesignation, classification, or 

reclassification was in error, EPA may 

in the same manner as the approval, 

disapproval, or promulgation revise 

such action as appropriate without 

requiring any further submission from 

the state. Such determination and the 

basis thereof shall be provided to the 

state and public. Pursuant to section 

58312 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

110(k)(6), EPA proposed a revision to 

the Idaho SIP to correct the inadvertent 

incorporation by reference of the Idaho 

toxic air pollutant provisions within the 

definition of ‘‘regulated air pollutant.’’

C. What Is Our Final Action? 

EPA is taking final action to correct 

the incorporation by reference of the 

Idaho toxic air pollutant provisions so 

that IDEQ’s list of toxic air pollutants 

will not be considered to be ‘‘regulated 

air pollutants’’ for purposes of the 

federally-approved SIP. All of the air 

pollutants regulated under the federal 

Clean Air Act will still be ‘‘regulated air 

pollutants’’ for SIP purposes in 

accordance with the IDEQ definition. 

The corrected definition meets or 

exceeds the requirements of the federal 

Clean Air Act and EPA’s regulations for 

State implementation plans. The 

corrected definition is also consistent 

with IDEQ’s SIP submittal and EPA’s 

January 16, 2003 approval action which 

specifically excluded IDEQ’s toxic air 

pollutant rules from the EPA-approved 

SIP. 

III. Statutory and Executive Order 

Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this final action 

is not a ‘‘significant regulatory action’’

and therefore is not subject to review by 

the Office of Management and Budget. 

For this reason, this action is also not 

subject to Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001). This action merely corrects 

the incorporation by reference of the list 

of toxic air pollutants used in regulatory 

provisions that are not part of the EPAapproved SIP and does not impose any 

additional requirements on state, local 

or tribal governments or the private 

sector. Accordingly, the Administrator 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). Because this rule 

approves pre-existing requirements 

under state law and does not impose 

any additional enforceable duty beyond 

that required by state law, it does not 

contain any unfunded mandate or 

significantly or uniquely affect small 

governments, as described in the 

Unfunded Mandates Reform Act of 1995 

(Pub. L. 104–4). 

This rule also does not have tribal 

implications because it will 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, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). This 

action also does not have Federalism 

implications because it does not have 

substantial direct effects on the states, 

on the relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This action merely 

corrects the incorporation by reference 

of the list of State toxic air pollutants as 

initially requested by the State and does 

not alter the relationship or the 

distribution of power and 

responsibilities established in the Clean 

Air Act. This rule also is not subject to 

Executive Order 13045, ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. 

In reviewing SIP submissions, EPA’s 

role is to approve state choices, 

provided that they meet the criteria of 

the Clean Air Act. In this context, in the 

absence of a prior existing requirement 

for the State to use voluntary consensus 

standards (VCS), EPA has no authority 

to disapprove a SIP submission for 

failure to use VCS. It would thus be 

inconsistent with applicable law for 

EPA, when it reviews a SIP submission, 

to use VCS in place of a SIP submission 

that otherwise satisfies the provisions of 

the Clean Air Act. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. section 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by December 5, 

2005. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this rule for the purposes of judicial 

review nor does it extend the time 

within which a petition for judicial 

review may be filed, and shall not 

postpone the effectiveness of such rule 

or action. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Reporting and recordkeeping 

requirements. 

Dated: September 20, 2005. 

Julie M. Hagensen, 

Acting Regional Administrator, Region 10. 

■ Chapter I, title 40 of the Code of 

Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for Part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart N—Idaho 

■ 2. In § 52.670(c), the table is amended 

by revising the entry for 006 to read as 

follows: 

§ 52.670 Identification of plan. 

* * * * * 

(c) * * * 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58313 

EPA-APPROVED IDAHO REGULATIONS

State citation Title/subject State effective 

date EPA approval date Explanations 

Idaho Administrative Procedures Act (IDAPA) Chapter 58, Rules for Control of Air Pollution in Idaho, Previously Codified at IDAPA 

Chapter 39 (Appendix A.3) 

58.01.01—RULES FOR THE CONTROL OF AIR POLLUTION IN IDAHO 

* * * * * * * 

006 ........................................ General Definitions ............... 4/5/00, 3/20/97, 

5/1/95, 5/1/94 

01/16/03, 68 FR 2217 10/6/ 

05 [Insert page number 

where the document begins].

Except (84)(f) 

* * * * * * * 

[FR Doc. 05–19615 Filed 10–5–05; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2004–PA–0001, R03–OAR–2004–

PA–0002; FRL–7980–5] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Pennsylvania; Revision to the Motor 

Vehicle Enhanced I/M Program—

Philadelphia, Pittsburgh, South 

Central, and Northern Regions and 

Safety Inspection Program 

Enhancements for Non-I/M Regions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is approving several 

State Implementation Plan (SIP) 

revisions submitted by the 

Commonwealth of Pennsylvania. These 

revisions amend Pennsylvania‘s 

existing, Federally-approved enhanced 

vehicle inspection and maintenance 

program (or I/M program) SIP. EPA is 

herein taking a single final rulemaking 

action to finalize two separately issued 

proposed rulemakings on the subject of 

Pennsylvania’s I/M program. The 

intended effect of this combined final 

action is to approve the 

Commonwealth’s revised I/M program 

SIP for the Philadelphia, Pittsburgh, 

South Central and Northern Regions. 

This action also serves to incorporate 

into the SIP a visual emission 

component inspection program done 

under the Commonwealth’s annual 

safety inspection program in those 42 

counties of Pennsylvania not subject to 

Federal I/M program requirements. 

DATES: This final rule is effective on 

November 7, 2005. 

ADDRESSES: EPA has established two 

dockets for this action under Regional 

Material in E-Docket (RME) ID Number 

R03–OAR–2004–PA–0001 and Number 

R03–OAR–2004–PA–0002. All 

documents in the docket are listed in 

the RME index at http:// 

www.docket.epa.gov/rmepub/. Once in 

the system, select Aquick search,’’ then 

key in the appropriate RME 

identification number for each docket. 

Although listed in the electronic docket, 

some information is not publicly 

available, i.e., confidential business 

information (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 RME or 

in hard copy for public inspection 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at the Pennsylvania 

Department of Environmental 

Protection, Bureau of Air Quality, P.O. 

Box 8468, 400 Market Street, Harrisburg, 

Pennsylvania 17105. 

FOR FURTHER INFORMATION CONTACT: 

Brian Rehn, at (215) 814–2176, or by email at rehn.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

EPA published two concurrent 

notices of proposed rulemaking (NPR) 

on April 26, 2005 proposing to approve 

two separate SIP revisions submitted by 

the Commonwealth of Pennsylvania. 

One of these April 26, 2005 NPRs (70 FR 

21384) proposed approval of the 

Commonwealth’s revised motor vehicle 

enhanced I/M program as it applies to 

select geographic regions of 

Pennsylvania. Pennsylvania regions 

affected by that rulemaking action 

include the South Central Region 

(Berks, Cumberland, Dauphin, 

Lancaster, Lebanon, Lehigh, 

Northampton, and York Counties) and 

the Northern Region (Blair, Cambria, 

Centre, Lackawanna, Luzerne, 

Lycoming, and Mercer Counties). EPA 

also proposed to approve portions of 

Pennsylvania’s revised safety inspection 

program (for areas not subject to Federal 

enhanced I/M requirements) related to 

visual inspection of certain vehicle 

components that serve to reduce 

emissions. This emission component 

visual inspection element of the state 

safety inspection program is a new 

requirement for 42 Pennsylvania 

counties (see EPA’s NPR for the 

complete list of affected counties). The 

Commonwealth’s formal SIP revision, 

which was the subject of this notice, 

was submitted by Pennsylvania on 

December 1, 2003, and was revised via 

a technical SIP amendment submitted 

by Pennsylvania on April 29, 2004. 

In the second of April 26, 2005 (70 FR 

21380) rulemaking actions regarding 

Pennsylvania’s I/M, EPA proposed 

approval of the revised enhanced I/M 

programs applicable in the Pittsburgh 

Region (Allegheny, Beaver, Washington, 

and Westmoreland Counties) and the 

Philadelphia Region (Bucks, Chester, 

Delaware, Montgomery, and 

Philadelphia Counties). The 

Commonwealth submitted a formal SIP 

revision on January 30, 2004 applicable 

only to these two Regions. This SIP 

revision was also revised by 

Pennsylvania via a technical SIP 

amendment submitted to EPA on April 

29, 2004. 

II. Summary of SIP Revision 

EPA granted prior SIP approval to 

Pennsylvania’s previously adopted I/M 

SIP in June 1999. Pennsylvania 

submitted formal SIP revisions to 

amend that SIP-approved I/M program