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 

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