Federal Register / Vol. 70, No. 230 / Thursday, December 1, 2005 / Rules and Regulations 72077 

TABLE I–06.—SELECTION OF RETIREMENT RATE CATEGORY—Continued 

[For plans with valuation dates after December 31, 2005, and before January 1, 2007] 

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 is greater 

From To than—

2014 ......................................................................................... 590 590 2,495 2,495 

2015 ......................................................................................... 604 604 2,555 2,555 

2016 or later ............................................................................ 618 618 2,616 2,616 

1Table II–A. 2Table II–B. 3Table II–C. 

* * * * * 

Issued in Washington, DC, this 16th day of 

November, 2005. 

Vincent K. Snowbarger, 

Deputy Executive Director, Pension Benefit 

Guaranty Corporation. 

[FR Doc. 05–23516 Filed 11–30–05; 8:45 am] 

BILLING CODE 7708–01–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 253 

[Docket No. 2005–6 CRB NCBRA] 

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 Board 

of the Library of Congress announces a 

cost of living adjustment of 4.3% in the 

royalty rates paid by colleges, 

universities, or other nonprofit 

educational institutions that are not 

affiliated with National Public Radio for 

the use of copyrighted published 

nondramatic musical compositions in 

the BMI, ASCAP and SESAC 

repertoires. The cost of living 

adjustment is based on the change in the 

Consumer Price Index from October 

2004 to October 2005. 

DATES: January 3, 2006. 

FOR FURTHER INFORMATION CONTACT: 

William J. Roberts, Jr., Senior Attorney, 

or Abioye E. Oyewole, CRB Program 

Specialist, Copyright Royalty Board 

(CRB), P.O. Box 70977, Southwest 

Station, Washington, DC 20024. 

Telephone: (202) 707–8380. Telefax: 

(202) 252–3423. 

SUPPLEMENTARY INFORMATION: Section 

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

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 part 

253 and are subject to adjustment at 

five-year intervals. 17 U.S.C. 118 (c). 

The most recent proceeding to 

consider the terms and rates for the 

section 118 license occurred in 2002. 67 

FR 15414 (April 1, 2002). 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, 2003, and ending 

December 31, 2007, were published in 

the Federal Register on December 17, 

2002. 67 FR 77170 (December 17, 2002). 

Pursuant to these regulations, on 

December 1 of each year the Librarian 

shall publish a notice of the change in 

the cost of living as determined by the 

Consumer Price Index (all consumers, 

all items) 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. 37 CFR 253.10 (a). The 

regulations also require that the 

Librarian publish a revised schedule of 

rates for the public performance of 

musical compositions in the ASCAP, 

BMI, and SESAC repertoires by public 

broadcasting entities licensed to 

colleges and universities, reflecting the 

change in the Consumer Price Index. 37 

CFR 253.10 (b). Accordingly, the 

Copyright Royalty Board of the Library 

of Congress is hereby announcing the 

change in the Consumer Price Index and 

performing the annual cost of living 

adjustment to the rates set out in § 253.5 

(c). 

The change in the cost of living as 

determined by the Consumer Price 

Index (all consumers, all items) during 

the period from the most recent Index 

published before December 1, 2004, to 

the most recent Index published before 

December 1, 2005, is 4.3% (2004’s figure 

was 190.9; the figure for 2004 is 199.2, 

based on 1982–1984 = 100 as a reference 

base). Rounding off to the nearest dollar, 

the royalty rates for the use of musical 

compositions in the repertories of 

ASCAP, BMI, and SESAC are $273, 

$273, and $89 respectively. 

List of Subjects in 37 CFR Part 253 

Copyright, Radio, Television. 

Final Regulations 

■ For the reasons set forth in the 

preamble, the Copyright Royalty Board 

amends 37 CFR part 253 as follows: 

PART 253—USE OF CERTAIN 

COPYRIGHTED WORKS IN 

CONNECTION WITH 

NONCOMMERCIAL EDUCATIONAL 

BROADCASTING 

■ 1. The authority citation for part 253 

continues to read as follows: 

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

803. 

§ 253.5 [Amended] 

■ 2. Section 253.5 (c) (1) is amended by 

removing ‘‘$262’’ and adding ‘‘$273’’ in 

its place. 

§ 253.5 [Amended] 

■ 3. Section 253.5 (c) (2) is amended by 

removing ‘‘$262’’ and adding ‘‘$273’’ in 

its place. 

§ 253.5 [Amended] 

■ 4. Section 253.5 (c) (3) is amended by 

removing ‘‘$85’’ and adding ‘‘$89’’ in its 

place. 

Dated: November 28, 2005. 

Bruce G. Forrest, 

Interim Chief Copyright Royalty Judge. 

[FR Doc. 05–23548 Filed 11–30–05; 8:45 am] 

BILLING CODE 1410–72–P