58308 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

ACTION: Direct final rule; request for 

comments; correction. 

SUMMARY: This action corrects an error 

in the legal description of Class D 

airspace in a direct final rule, request for 

comments that was published in the 

Federal Register on Tuesday, July 12, 

2005 (70 FR 39914). 

DATES: This direct final rule is effective 

on 0901 UTC, October 27, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524. 

SUPPLEMENTARY INFORMATION: 

History 

Federal Register Document 2005–

21703 published on Tuesday, July 12, 

2005 (70 FR 39914), modified Class D 

and Class E Airspace at Topeka, Forbes 

Field, KS. The phrase ‘‘This Class D 

airspace area is effective during the 

specific dates and times established in 

advance by a Notice to Airmen. The 

effective date and time will thereafter be 

continuously published in the Airport/ 

Facility Directory.’’ was incorrectly 

deleted from the legal description of 

Class D airspace. This action corrects 

that error. 

■ Accordingly, pursuant to the authority 

delegated to me, the error in the legal 

description of Class D Airspace, Topeka, 

Forbes Field, KS as published in the 

Federal Register Tuesday July 12, 2005 

(70 FR 39914), (FR Doc. 2005–21703), is 

corrected as follows: 

PART 71—[CORRECTED] 

§ 71.1 [Corrected] 

On page 39915, Column 2, at the end 

of the legal description of ACE KS D 

Topeka, Forbes Field, KS, add the 

phrase ‘‘This Class D airspace area is 

effective during the specific dates and 

times established in advance by a Notice 

to Airmen. The effective date and time 

will thereafter be continuously 

published in the Airport/Facility 

Directory.’’

Issued in Kansas City, MO, on August 18, 

2005. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations. 

[FR Doc. 05–20046 Filed 10–5–05; 8:45am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2005–21874; Airspace 

Docket No. 05–ACE–28] 

Modification of Class E Airspace; 

Dodge City Regional Airport, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; request for 

comments; Correction. 

SUMMARY: This action corrects an error 

in the legal description of a direct final 

rule, request for comments that was 

published in the Federal Register on 

Friday, July 29, 2005 (70 FR 43744). 

DATES: This direct final rule is effective 

on 0901 UTC, October 27, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Brenda Mumper, Air Traffic Division, 

Airspace Branch, ACE–520A, DOT 

Regional Headquarters Building, Federal 

Aviation Administration, 901 Locust, 

Kansas City, MO 64106; telephone: 

(816) 329–2524. 

SUPPLEMENTARY INFORMATION: 

History 

Federal Register Document 2005–

21874 published on Friday, July 29, 

2005 (70 FR 43744), modified Class E 

Airspace at Dodge City, KS. The latitude 

and longitude used in the airport 

reference point was incorrect. This 

action corrects that error. 

■ Accordingly, pursuant to the authority 

delegated to me, the errors for Class E 

Airspace, Dodge City, KS as published 

in the Federal Register Friday, July 29, 

2005 (70 FR 43744), (FR Doc. 2005–

21874), are corrected as follows: 

PART 71—[CORRECTED] 

§ 71.1 [Corrected] 

On page 43745, Column 2, change the 

latitude and longitude of Dodge City 

Regional Airport, KS to (Lat. 37°45′48′′ 

N., long. 99°57′56′′ W.) for ACE KS E2 

and ACE KS E5. 

Issued in Kansas City, MO, on August 18, 

2005. 

Elizabeth S. Wallis, 

Acting Area Director, Western Flight Services 

Operations. 

[FR Doc. 05–20047 Filed 10–5–05; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[CGD01–05–029] 

RIN 1625–AA09 

Drawbridge Operation Regulations: 

Passaic River, NJ 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

temporarily changing the drawbridge 

operation regulations for the operation 

of the Route 280 Bridge, mile 5.8, across 

the Passaic River, at Harrison, New 

Jersey. Under this temporary rule the 

Route 280 Bridge may remain in the 

closed position for the passage of vessel 

traffic from March 1, 2006 through 

November 30, 2007. This temporary 

rulemaking is necessary to facilitate 

rehabilitation repairs at the bridge. 

DATES: This rule is effective March 1, 

2006 through November 30, 2007. 

ADDRESSES: Comments and material 

received from the public, as well as 

documents indicated in this preamble as 

being available in the docket, are part of 

docket (CGD01–05–029) and are 

available for inspection or copying at 

the First Coast Guard District, Bridge 

Branch Office, 408 Atlantic Avenue, 

Boston, Massachusetts 02110, between 7 

a.m. and 3 p.m., Monday through 

Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Joe Arca, Project Officer, First Coast 

Guard District, (212) 668–7165. 

SUPPLEMENTARY INFORMATION: 

Regulatory Information 

On June 2, 2005, we published a 

notice of proposed rulemaking (NPRM) 

entitled; Drawbridge Operation 

Regulations, Passaic River, New Jersey 

(70 FR 32278). We received no 

comments in response to the notice of 

proposed rulemaking. No public hearing 

was requested and none was held. 

Background and Purpose 

The Route 280 Bridge has a vertical 

clearance in the closed position of 35 

feet at mean high water and 40 feet at 

mean low water. The existing 

drawbridge operation regulations are 

listed at 33 CFR 117.739(h). Under the 

existing operation regulations a 24-hour 

advance notice is required for bridge 

openings at all times. 

The owner of the bridge, the New 

Jersey Department of Transportation, 

requested a temporary change to the 

Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 58309 

drawbridge operation regulations to 

facilitate rehabilitation maintenance at 

the bridge. 

Under this temporary rule the bridge 

will remain in the closed position for 

the passage of vessel traffic from March 

1, 2006 through November 30, 2007. 

The Route 280 Bridge has not 

received any requests to open during the 

past ten years. 

Discussion of Comments and Changes 

The Coast Guard received no 

comments in response to the notice of 

proposed rulemaking and no changes 

have been made to this temporary final 

rule as a result. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3), of 

that Order. The Office of Management 

and Budget has not reviewed it under 

that Order. It is not ‘‘significant’’ under 

the regulatory policies and procedures 

of the Department of Homeland Security 

(DHS). 

This conclusion is based on the fact 

that the bridge has not received any 

opening requests for the past ten years. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we considered 

whether this rule would have a 

significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b), that this rule will not 

have a significant economic impact on 

a substantial number of small entities. 

This conclusion is based on the fact 

that the bridge has not received any 

opening requests for the past ten years. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we offered to assist small entities in 

understanding the rule so that they 

could better evaluate its effects on them 

and participate in the rulemaking 

process. 

No small entities requested Coast 

Guard assistance and none was given. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 or more in any one year. 

Though this rule will not result in such 

an expenditure, we do discuss the 

effects of this rule elsewhere in this 

preamble. 

Taking of Private Property 

This rule will not effect a taking of 

private property or otherwise have 

taking implications under Executive 

Order 12630, Governmental Actions and 

Interference with Constitutionally 

Protected Property Rights. 

Civil Justice Reform 

This rule meets applicable standards 

in sections 3(a) and 3(b)(2) of Executive 

Order 12988, Civil Justice Reform, to 

minimize litigation, eliminate 

ambiguity, and reduce burden. 

Protection of Children 

We have analyzed this rule under 

Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks. This rule is not 

an economically significant rule and 

does not concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This final rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have 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. 

Energy Effects 

We have analyzed this rule under 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This rule does not use technical 

standards. Therefore, we did not 

consider the use of voluntary consensus 

standards. 

Environment 

We have analyzed this final rule 

under Commandant Instruction 

M16475.1D, which guides the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have concluded that there are no factors 

in this case that would limit the use of 

a categorical exclusion under section 

58310 Federal Register / Vol. 70, No. 193 / Thursday, October 6, 2005 / Rules and Regulations 

1Unless otherwise noted, all references are to 

chapter 8 of title 17 of the United States Code as 

in effect prior to May 31, 2005, the effective date 

of the Copyright Royalty and Distribution Reform 

Act of 2004. 

2.B.2 of the Instruction. Therefore, this 

rule is categorically excluded, under 

figure 2–1, paragraph (32)(e), of the 

Instruction, from further environmental 

documentation. It has been determined 

that this final rule does not significantly 

impact the environment. 

List of Subjects in 33 CFR Part 117 

Bridges. 

Regulations 

■ For the reasons set out in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1(g); 

Department of Homeland Security Delegation 

No. 0170.1; section 117.255 also issued under 

the authority of Pub. L. 102–587, 106 Stat. 

5039. 

■ 2. From March 1, 2006 through 

November 30, 2007, paragraph (h) in 

§ 117.739 is temporarily suspended and 

a new paragraph (u) is added to read as 

follows: 

§ 117.739 Passaic River. 

* * * * * 

(u) From March 1, 2006 through 

November 30, 2007, the Route 280 

Bridge, mile 5.8, may remain in the 

closed position for the passage of vessel 

traffic. 

Dated: September 25, 2005. 

David P. Pekoske, 

Rear Admiral, U.S. Coast Guard, Commander, 

First Coast Guard District. 

[FR Doc. 05–19950 Filed 10–5–05; 8:45 am] 

BILLING CODE 4910–15–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Parts 201 and 256 

[Docket No. 2005–2 CARP CRA] 

Adjustment of Cable Statutory License 

Royalty Rates 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Final rule. 

SUMMARY: The Copyright Office of the 

Library of Congress is publishing final 

regulations governing the adjustment of 

the royalty rates for the cable statutory 

license. 

DATES: These regulations are effective as 

of July 1, 2005. 

FOR FURTHER INFORMATION CONTACT: 

Tanya M. Sandros, Associate General 

Counsel, or Gina Giuffreda, Attorney–

Advisor, Copyright Arbitration Royalty 

Panel (CARP), P.O. Box 90779, 

Southwest Station, Washington, D.C. 

20024. Telephone: (202) 707–8380. 

Telefax: (202) 252–3423. 

SUPPLEMENTARY INFORMATION: Section 

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

creates a statutory license for cable 

systems that retransmit to their 

subscribers over–the–air broadcast 

signals. Royalty fees for this license are 

calculated as percentages of a cable 

system’s gross receipts received from 

subscribers for receipt of broadcast 

signals. A cable system’s individual 

gross receipts determine the applicable 

percentages. These percentages, and the 

gross receipts limitations, are published 

in 37 CFR part 256 and are subject to 

adjustment at five–year intervals. 17 

U.S.C. 801(b)(2)(A) & (D).1 This was a 

window year for such an adjustment. 

Such rate adjustment proceedings 

may be commenced upon receipt of a 

petition from a party with a significant 

interest in the royalty rates. The Library 

received two such petitions–one on 

behalf of the Office of the Commissioner 

of Baseball, the National Football 

League, the National Basketball 

Association, the Women’s National 

Basketball Association, the National 

Hockey League, and the National 

Collegiate Athletic Association 

(collectively, the ‘‘Joint Sports 

Claimants’’) and the Motion Picture 

Association of America, Inc., its member 

companies and other producers and/or 

distributors of syndicated television 

programs (collectively, the ‘‘Program 

Suppliers’’) and the other from National 

Cable & Telecommunications 

Association (hereinafter ‘‘NCTA’’). In 

response to the Joint Sports Claimants/ 

Program Suppliers’ petition and before 

receipt of the NCTA petition, the 

Library published a Federal Register 

notice seeking comment on the former 

petition and directing interested parties 

to file a Notice of Intent to Participate 

in a Copyright Arbitration Royalty Panel 

(‘‘CARP’’) rate adjustment proceeding. 

70 FR 16306 (March 30, 2005). The 

notice also designated a 30–day period 

to enable the parties to negotiate a new 

rate schedule. 37 CFR 251.63(a). 

In accordance with the March 30 

notice, the Office received one 

agreement submitted jointly by 

representatives of all of the parties who 

filed notices of intent to participate in 

this proceeding. The agreement 

proposed amending the basic royalty 

rates and the gross receipts limitations, 

the regulations governing the filing of 

the statements of account to reflect these 

changes, and proposed that the changes 

become effective beginning with the 

second semiannual accounting period of 

2005. The agreement also noted that the 

syndex rates were not being adjusted for 

the new license period. In addition, the 

parties stated that they were unable to 

agree on whether or how to adjust the 

3.75% rate set forth in § 256.2(c) but 

would continue their discussions and 

notify the Office, on or before August 

10, 2005, as to whether they would seek 

such an adjustment. 

Pursuant to § 251.63(b) of the CARP 

rules, the Library published in the 

Federal Register the proposed 

adjustments to the percentages of gross 

receipts paid by cable systems and the 

gross receipts limitations. 70 FR 41650 

(July 20, 2005). Section 251.63(b) 

provides that the Library ‘‘may adopt 

the rate embodied in the proposed 

settlement without convening an 

arbitration panel, provided that no 

opposing comment is received by the 

Librarian [of Congress] from a party 

with an intent to participate in a CARP 

proceeding.’’ 37 CFR 251.63(b). No 

comments or Notices of Intent to 

Participate were received, enabling 

publication of today’s final regulations 

adopting the proposed agreement. 

These regulations are effective as of 

July 1, 2005, which means that the new 

cable rates and the gross receipts 

limitations are applicable to the second 

accounting period of 2005 and 

thereafter. Payment of royalties 

calculated on the basis of the new rates 

shall be due no later than March 1, 

2006, for the accounting period 

beginning on July 1, 2005, and ending 

on December 31, 2005. 

The parties to this proceeding have 

also notified the Copyright Office that 

they will not seek an adjustment of the 

3.75% rate set forth in § 256.2(c). NCTA 

filed its notice with the Copyright Office 

on August 2, 2005, and a joint notice of 

intent not to seek adjustment of the 

3.75% rate was filed on August 10, 

2005, on behalf of the remaining parties. 

As no further adjustments of the cable 

rates are to be considered, the Library is 

terminating this proceeding, effective as 

of October 6, 2005. In future years, 

proceedings to adjust the section 111 

cable royalty rates shall be considered 

by the Copyright Royalty Judges under 

a new program established by Congress 

with the passage of the Copyright 

Royalty and Distribution Reform Act of