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This section of the FEDERAL REGISTER reference point used in both proposed Avenue, S.E., Washington, DC 20559–
contains notices to the public of the proposed airspace areas was incorrect. 6000. If delivered by a commercial
issuance of rules and regulations. The Accordingly, pursuant to the courier, an original and five copies of a
purpose of these notices is to give interested authority delegated to me, the legal comment and a Notice of Intent to
persons an opportunity to participate in the description of the Class E airspace area Participate must be delivered to the
rule making prior to the adoption of the final
designated as a surface area and the Congressional Courier Acceptance Site
rules.
Class E airspace area extending upward located at 2nd and D Streets, N.E.,
from 700 feet above the surface at between 8:30 a.m. and 4 p.m. The
DEPARTMENT OF TRANSPORTATION Newton, KS, as published in the Federal envelope should be addressed as
Register on Friday, January 7, 2005 (70 follows: Copyright Office General
Federal Aviation Administration FR 1399) [FR Doc. 05–374] are corrected Counsel/CARP, Room LM–403, James
as follows: Madison Memorial Building, 101
14 CFR Part 71 Independence Avenue, S.E.,
§ 71.1 [Corrected] Washington, DC. If sent by mail
On page 1400, Column 1, second and (including overnight delivery using U.S.
[Docket No. FAA–2004–19579; Airspace
fourth paragraphs from the bottom, third Postal Service Express Mail), an original
Docket No. 04–ACE–69]
line, change ‘‘(lat. 38°05′26″ N., long. and five copies of a comment and a
Proposed Establishment of Class E2 97°16′31″ W.)’’ to read ‘‘(lat. 38°03′26″ Notice of Intent to Participate should be
Airspace; and Modification of Class E5 N., long. 97°16′31″ W.)’’ addressed to: Copyright Arbitration
Airspace; Newton, KS Issued in Kansas City, MO, on January 11, Royalty Panel (CARP), P.O. Box 70977,
2005. Southwest Station, Washington, DC
AGENCY: Federal Aviation Donna R. McCord, 20024–0977. Comments and Notices of
Administration (FAA), DOT. Intent to Participate may not be
Acting Area Director, Western Flight Services
ACTION: Notice of proposed rulemaking; Operations. delivered by means of overnight
correction. [FR Doc. 05–1416 Filed 1–25–05; 8:45 am] delivery services such as Federal
BILLING CODE 4910–13–M
Express, United Parcel Service, etc., due
SUMMARY: This action corrects a notice to delays in processing receipt of such
of proposed rulemaking that was deliveries.
published in the Federal Register on FOR FURTHER INFORMATION CONTACT:
Friday, January 7, 2005, (70 FR 1399) LIBRARY OF CONGRESS
David O. Carson, General Counsel, or
[FR Doc. 05–374]. It corrects errors in William J. Roberts, Jr., Senior Attorney,
the legal descriptions of the proposed Copyright Office
Copyright Arbitration Royalty Panel
Class E airspace area designated as a (CARP), P.O. Box 70977, Southwest
surface area and the Class E airspace 37 CFR Part 258
Station, Washington, DC 20024–0977.
area extending upward from 700 feet [Docket No. 2004–9 CARP SRA] Telephone: (202) 707–8380. Telefax:
above the surface at Newton, KS. (202) 252–3423.
DATES: Comments for inclusion in the
Rate Adjustment for the Satellite
Carrier Compulsory License SUPPLEMENTARY INFORMATION: On
Rules Docket must be received on or December 8, 2004, the President signed
before March 1, 2005. AGENCY: Copyright Office, Library of the Satellite Home Viewer Extension
FOR FURTHER INFORMATION CONTACT: Congress. and Reauthorization Act (‘‘SHVERA’’), a
Brenda Mumper, Air Traffic Division, ACTION: Notice of proposed rulemaking. part of the Consolidated Appropriations
Airspace Branch, ACE–520A, DOT Act of 2005, Pub. L. 108–447. SHVERA
Regional Headquarters Building, Federal SUMMARY: The Copyright Office of the extends for an additional five years the
Aviation Administration, 901 Locust, Library of Congress is submitting for statutory license for satellite carriers
Kansas City, MO 64106; telephone: public comment a proposed settlement retransmitting over–the–air television
(816) 329–2524. of royalty rates for analog television broadcast stations to their subscribers,
SUPPLEMENTARY INFORMATION:
broadcast stations retransmitted by 17 U.S.C. 119, as well as makes a
satellite carriers under statutory license. number of amendments to the license.
History DATES: Comments and Notices of Intent One of the amendments to section 119
Federal Register Document 05–374, to Participate must be submitted no later sets forth a process for adjusting the
published on Friday, January 7, 2005, than February 25, 2005. royalty fees paid by satellite carriers for
(70 FR 1399) proposed to establish a ADDRESSES: If hand delivered by a retransmitting analog television network
Class E airspace area designated as a private party, an original and five copies and superstations. 17 U.S.C. 119(c)(1).
surface area and to modify the existing of a comment and a Notice of Intent to The law directs the Librarian of
Class E airspace area extending upward Participate should be brought to Room Congress to publish notice in the
from 700 feet above the surface at LM–401 of the James Madison Memorial Federal Register requesting satellite
Newton, KS. The proposed airspace and Building between 8:30 a.m. and 5 p.m. carriers, distributors and copyright
changes were to protect aircraft and the envelope should be addressed owners to submit to the Copyright
departing from and executing as follows: Copyright Office General Office any voluntary agreements they
instrument approach procedures to Counsel/CARP, U.S. Copyright Office, have negotiated as to the adjustment of
Newton-City-County Airport. However, James Madison Memorial Building, the rates for analog stations. The Library
the Newton-City-County airport Room LM–401, 101 Independence published such a notice on
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Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Proposed Rules 3657
December 30, 2004, and, pursuant to the PART 258—ADJUSTMENT OF of broadcast stations by satellite carriers
statute, requested that any agreements ROYALTY FEE FOR SECONDARY shall be as follows:
be submitted no later than January 10, TRANSMISSIONS BY SATELLITE (1) For private home viewing–
2005. 69 FR 78482 (December 30, 2004). CARRIERS (i) 21.5 cents per subscriber per
The Office has received one month for distant superstations.
1. The authority citation for part 258 (ii) 20 cents per subscriber per month
agreement, submitted jointly by the is amended to read as follows:
satellite carriers DirecTV, Inc. and for distant network stations.
Authority: 17 U.S.C. 119, 702, 802. (2) For viewing in commercial
EchoStar Satellite L.L.C., the copyright
establishments, 43 cents per subscriber
owners of motion pictures and 2. Section 258.2 is revised to read as
per month for distant superstations.
syndicated television series represented follows:
(f) Commencing January 1, 2007, the
by the Motion Picture Association of
§ 258.2 Definitions. royalty rate for secondary transmission
America, and the copyright owners of
(a) Commercial establishment. The of broadcast stations by satellite carriers
sports programming represented by the
term ‘‘commercial establishment’’ shall be as follows:
Office of the Commissioner of Baseball. (1) For private home viewing–
Section 119(c)(1)(D)(ii)(II) requires the means an establishment used for
commercial purposes, such as bars, (i) 23 cents per subscriber per month
Library to ‘‘provide public notice of the for distant superstations.
royalty fees from the voluntary restaurants, private offices, fitness clubs,
oil rigs, retail stores, banks and financial (ii) 23 cents per subscriber per month
agreement and afford parties an for distant network stations.
opportunity to state that they object to institutions, supermarkets, auto and
boat dealerships, and other (2) For viewing in commercial
those fees.’’ 17 U.S.C. 119(c)(1)(D)(ii)(II). establishments, 46 cents per subscriber
This Notice of Proposed Rulemaking establishments with common business
areas; provided that the term per month for distant superstations.
(‘‘NPRM’’) fulfills the requirement. (g) Commencing January 1, 2008, the
‘‘commercial establishment’’ shall not
The law further provides that the royalty rate for secondary transmission
include a multi–unit permanent or
Librarian shall adopt the rates contained of broadcast stations by satellite carriers
temporary dwelling where private home
in the voluntary agreement as applicable shall be as follows:
viewing occurs, such as hotels,
to all satellite carriers, distributors and (1) For private home viewing–
dormitories, hospitals, apartments, (i) The 2007 rate per subscriber per
copyright owners ‘‘unless a party with
condominiums and prisons, all of which month for distant superstations adjusted
an intent to participate’’ in a royalty rate
shall be subject to the rates applicable for the amount of inflation as measured
adjustment proceeding before a
to private home viewing. by the change in the Consumer Price
Copyright Arbitration Royalty Panel (b) Syndex–proof signal. A satellite
(‘‘CARP’’) and a ‘‘significant interest in Index for all Urban Consumers from
retransmission of a broadcast signal
the outcome’’ of the CARP proceeding January 2007 to January 2008.
shall be deemed ‘‘syndex proof’’ for (ii) The 2007 rate per subscriber per
files an objection. Consequently, any purposes of § 258.3(b) if, during any
party that objects to the rates proposed month for distant network stations
semi–annual reporting period, the adjusted for the amount of inflation as
in this NPRM must submit the following retransmission does not include any
on or before February 25, 2005: measured by the change in the
program which, if delivered by any Consumer Price Index for all Urban
1. A notice of objection to the rates cable system in the United States,
identifying the rate or rates to which the Consumers from January 2007 to
would be subject to the syndicated January 2008.
objection applies and the reasons for the exclusivity rules of the Federal (2) For viewing in commercial
objection; Communications Commission. establishments, the 2007 rate per
2. A statement setting forth in detail (c) Per subscriber per month. The
subscriber per month for viewing
why the objector has a significant term ‘‘per subscriber per month’’ means
distant superstations in commercial
interest in the royalty rates to be each subscriber subscribing to the
establishments adjusted for the amount
adopted; and station in question, or to a package
of inflation as measured by the change
including such station, on the last day
3. A separate Notice of Intent to in the Consumer Price Index for all
of a given month.
Participate in the CARP proceeding to Urban Consumers from January 2007 to
3. Section 258.3 is amended by
adjust the rates. The CARP proceeding January 2008.
adding new paragraphs (d) through (h)
will commence on May 1, 2005. See 17 (h) Commencing January 1, 2009, the
to read as follows:
U.S.C. 119(c)(1)(F). royalty rate for secondary transmission
Only parties objecting to the royalty § 258.3 Royalty fee for secondary of broadcast stations by satellite carriers
rates should submit the above– transmission of broadcast stations by shall be as follows:
described documents. satellite carriers. (1) For private home viewing–
* * * * * (i) The 2008 rate per subscriber per
A copy of the voluntary agreement (d) Commencing January 1, 2005, the month for distant superstations adjusted
can be viewed at http:// royalty rate for secondary transmission for the amount of inflation as measured
www.copyright.gov/carp/ of broadcast stations by satellite carriers by the change in the Consumer Price
satlratelagreement.pdf. The Library shall be as follows: Index for all Urban Consumers from
is not proposing for adoption the (1) For private home viewing– January 2008 to January 2009.
additional terms set forth in the (i) 20 cents per subscriber per month (ii) The 2008 rate per subscriber per
agreement as the statute only provides for distant superstations. month for distant network stations
for adoption of royalty rates. See 17 (ii) 17 cents per subscriber per month adjusted for the amount of inflation as
U.S.C. 119(c)(1)(D)(ii)(III). for distant network stations. measured by the change in the
Proposed Regulations (2) For viewing in commercial Consumer Price Index for all Urban
establishments, 40 cents per subscriber Consumers from January 2008 to
For the reasons set forth above, the per month for distant superstations. January 2009.
Copyright Office proposes to amend 37 (e) Commencing January 1, 2006, the (2) For viewing in commercial
CFR chapter II as follows: royalty rate for secondary transmission establishments, the 2008 rate per
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3658 Federal Register / Vol. 70, No. 16 / Wednesday, January 26, 2005 / Proposed Rules
subscriber per month for viewing Planning Branch, Air, Pesticides and and commercial product categories,
distant superstations in commercial Toxics Management Division, U.S. revise the manner in which production
establishments adjusted for the amount Environmental Protection Agency, volume would be reported, restrict
of inflation as measured by the change Region 4, 61 Forsyth Street, SW., reporting of processing and use
in the Consumer Price Index for all Atlanta, Georgia 30303–8960. information to domestic processing and
Urban Consumers from January 2008 to Comments may also be submitted use activities only, edit the polymer
January 2009. electronically, or through hand exemption definition, and remove the
Dated: January 21, 2005 delivery/courier. Please follow the requirement to determine
Marybeth Peters, detailed instructions described in the confidentiality of production volume in
direct final rule, ADDRESSES section ranges.
Register of Copyrights.
which is published in the Rules section DATES: Comments, identified by docket
[FR Doc. 05–1435 Filed 1–25–05; 8:45 am]
of this Federal Register. identification (ID) number OPPT–2004–
BILLING CODE 1410–33–S
FOR FURTHER INFORMATION CONTACT: 0106, must be received on or before
Nacosta C. Ward, Regulatory February 25, 2005.
Development Section, Air Planning ADDRESSES: Submit your comments,
ENVIRONMENTAL PROTECTION
Branch, Air, Pesticides and Toxics identified by docket ID number OPPT–
AGENCY
Management Division, U.S. 2004–0106, by one of the following
40 CFR Part 52 Environmental Protection Agency, methods:
Region 4, 61 Forsyth Street, SW., Federal eRulemaking Portal: http://
[R04–OAR–2004–SC–0002/0003–200421(b); Atlanta, Georgia 30303–8960. The www.regulations.gov/. Follow the on-
FRL–7863–6] telephone number is (404) 562–9140. line instructions for submitting
Ms. Ward can also be reached via comments.
Approval and Promulgation of
Implementation Plans South Carolina:
electronic mail at • Agency Website: http://
ward.nacosta@epa.gov. www.epa.gov/edocket/. EDOCKET,
Definitions and General Requirements
SUPPLEMENTARY INFORMATION: For EPA’s electronic public docket and
AGENCY: Environmental Protection additional information see the direct comment system, is EPA’s preferred
Agency (EPA). final rule which is published in the method for receiving comments. Follow
ACTION: Proposed rule. Rules section of this Federal Register. the on-line instructions for submitting
comments.
SUMMARY: The EPA is proposing to Dated: January 7, 2005. • E-mail: oppt.ncic@epa.gov.
approve the State Implementation Plan A. Stanley Meiburg, • Mail: Document Control Office
(SIP) revisions submitted by the South Acting Regional Administrator, Region 4. (7407M), Office of Pollution Prevention
Carolina Department of Health and [FR Doc. 05–1373 Filed 1–25–05; 8:45 am] and Toxics (OPPT), Environmental
Environmental Control (SC DHEC) on BILLING CODE 6560–50–P Protection Agency, 1200 Pennsylvania
November 14, 2003, for the purpose of Ave., NW., Washington, DC 20460–
clarifying current regulations and 0001.
ensuring consistency between State and ENVIRONMENTAL PROTECTION • Hand Delivery: OPPT Document
Federal regulations. The proposed AGENCY Control Office (DCO), EPA East Bldg.,
revisions consist of those published in Rm. 6428, 1201 Constitution Ave., NW.,
the South Carolina State Register on 40 CFR Part 710 Washington, DC. Attention: Docket ID
August 28, 1998 and June 25, 1999, [OPPT–2004–0106; FRL–7332–2] number OPPT–2004–0106. The DCO is
revising Regulation 61–62.1 Definitions open from 8 a.m. to 4 p.m., Monday
and General Requirements. In the Final RIN 2070–AC61 through Friday, excluding legal
Rules section of this Federal Register, holidays. The telephone number for the
the EPA is approving the State’s SIP TSCA Inventory Update Reporting
DCO is (202) 564–8930. Such deliveries
revision as a direct final rule without Revisions
are only accepted during the Docket’s
prior proposal because the Agency AGENCY: Environmental Protection normal hours of operation, and special
views this as a noncontroversial Agency (EPA). arrangements should be made for
submittal and anticipates no adverse deliveries of boxed information.
ACTION: Proposed rule.
comments. A detailed rationale for the Instructions: Direct your comments to
approval is set forth in the direct final SUMMARY: EPA is proposing docket ID number OPPT–2004–0106.
rule. If no significant, material, and amendments to the Toxic Substances EPA’s policy is that all comments
adverse comments are received in Control Act (TSCA) section 8(a) received will be included in the public
response to this rule, no further activity Inventory Update Reporting (IUR) docket without change and may be
is contemplated. If EPA receives adverse regulations. The IUR currently requires made available on-line at http://
comments, the direct final rule will be certain manufacturers (including www.epa.gov/edocket/, including any
withdrawn and all public comments importers) of certain chemical personal information provided, unless
received will be addressed in a substances on the TSCA Chemical the comment includes information
subsequent final rule based on this rule. Substances Inventory to report data on claimed to be Confidential Business
The EPA will not institute a second chemical manufacturing, processing, Information (CBI) or other information
comment period on this document. Any and use every 4 years. EPA is proposing whose disclosure is restricted by statute.
parties interested in commenting on this to extend the reporting cycle, modify Do not submit information that you
document should do so at this time. the timing of the submission period, consider to be CBI or otherwise
DATES: Written comments must be further clarify the new partial protected through EDOCKET,
received on or before February 25, 2005. exemption for specific chemicals of low regulations.gov, or e-mail. The EPA
ADDRESSES: Comments may be current interest, amend the petroleum EDOCKET and the regulations.gov
submitted by mail to: Nacosta C. Ward, refinery process streams partial websites are ‘‘anonymous access’’
Regulatory Development Section, Air exemption, amend the list of consumer systems, which means EPA will not
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