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69486 Federal Register / Vol. 71, No.

231 / Friday, December 1, 2006 / Rules and Regulations

(d) Enforcement. The Coast Guard E. Oyewole, CRB Program Specialist. compositions in the repertoires of
will begin enforcement of the security Telephone: (202) 707–7658. Telefax: ASCAP, BMI, and SESAC are $277,
zone described in this section upon the (202) 252–3423. $277, and $90, respectively.
SBX–1’s departure from Pearl Harbor, SUPPLEMENTARY INFORMATION: Section List of Subjects in 37 CFR Part 253
HI. 118 of the Copyright Act, 17 U.S.C.,
(e) Informational notice. The Captain creates a compulsory license for the use Copyright, Radio, Television.
of the Port of Honolulu will cause notice of published nondramatic musical Final Regulations
of the enforcement of the security zone works and published pictorial, graphic,
described in this section to be made by and sculptural works in connection ■ For the reasons set forth in the
broadcast notice to mariners. with noncommercial broadcasting. preamble, part 253 of title 37 of the
(f) Authority to enforce. Any Coast Terms and rates for this compulsory Code of Federal Regulations is amended
Guard commissioned, warrant, or petty license, applicable to parties who are as follows:
officer, and any other Captain of the not subject to privately negotiated
Port representative permitted by law, licenses, are published in 37 CFR part PART 253–USE OF CERTAIN
may enforce this temporary security 253 and are subject to adjustment at COPYRIGHTED WORKS IN
zone. five-year intervals. 17 U.S.C. 118(c). CONNECTION WITH
(g) Waiver. The Captain of the Port The most recent proceeding to NONCOMMERCIAL EDUCATIONAL
may waive any of the requirements of consider the terms and rates for the BROADCASTING
this rule for any person, vessel, or class section 118 license occurred in 2002. 67
of vessel upon finding that application ■ 1. The authority citation for part 253
FR 15414 (April 1, 2002). Final continues to read as follows:
of the security zone is unnecessary or regulations governing the terms and
impractical for the purpose of maritime Authority: 17 U.S.C. 118, 801(b)(1) and
rates of copyright royalty payments with 803.
security. respect to certain uses by public
(h) Penalties. Vessels or persons broadcasting entities of published ■ 2. Section 253.5 is amended by
violating this rule are subject to the nondramatic musical works, and revising paragraphs (c)(1) through (c)(3)
penalties set forth in 33 U.S.C. 1232 and published pictorial, graphic, and as follows:
50 U.S.C. 192. sculptural works for the license period
Dated: November 3, 2006. beginning January 1, 2003, and ending § 253.5 Performance of musical
compositions by public broadcasting
V. B. Atkins, December 31, 2007, were published in entities licensed to colleges and
Captain, U.S. Coast Guard, Captain of the the Federal Register on December 17, universities.
Port, Honolulu. 2002. 67 FR 77170 (December 17, 2002).
* * * * *
[FR Doc. E6–20355 Filed 11–30–06; 8:45 am] Pursuant to these regulations, on
(c) * * *
BILLING CODE 4910–15–P December 1 of each year, the Librarian
(1) For all such compositions in the
shall publish a notice of the change in
repertory of ASCAP, $277 annually.
the cost of living as determined by the
(2) For all such compositions in the
LIBRARY OF CONGRESS Consumer Price Index (all consumers,
repertory of BMI, $277 annually.
all items) during the period from the
(3) For all such compositions in the
Copyright Royalty Board most recent Index published prior to the
repertory of SESAC, $90 annually.
previous notice, to the most recent
37 CFR Part 253 Index published prior to December 1 of * * * * *
that year. 37 CFR 253.10(a). The Dated: November 22, 2006.
[Docket No. 2006–2 CRB NCBRA]
regulations also require that the James Scott Sledge,
Cost of Living Adjustment for Librarian publish a revised schedule of Chief Copyright Royalty Judge, Copyright
Performance of Musical Compositions rates for the public performance of Royalty Board.
by Colleges and Universities musical compositions in the ASCAP, [FR Doc. E6–20110 Filed 11–30–06; 8:45 am]
BMI, and SESAC repertoires by public BILLING CODE 1410–72–P
AGENCY: Copyright Royalty Board, broadcasting entities licensed to
Library of Congress. colleges and universities, reflecting the
ACTION: Final rule. change in the Consumer Price Index. 37 ENVIRONMENTAL PROTECTION
CFR 253.10(b). Accordingly, the AGENCY
SUMMARY: The Copyright Royalty Copyright Royalty Judges, on behalf of
Judges, on behalf of the Copyright the Copyright Royalty Board of the 40 CFR Part 52
Royalty Board of the Library of Library of Congress, are hereby
Congress, announce a cost of living announcing the change in the Consumer [EPA–R03–OAR–2006–0728; FRL–8249–7]
adjustment of 1.3% in the royalty rates Price Index and performing the annual
paid by colleges, universities, or other Approval and Promulgation of Air
cost of living adjustment to the rates set
nonprofit educational institutions that Quality Implementation Plans; West
out in § 253.5(c).
are not affiliated with National Public Virginia; Emission Reductions to Meet
The change in the cost of living as
Radio for the use of copyrighted Phase II of the Nitrogen Oxides (NOX)
determined by the Consumer Price
published nondramatic musical SIP Call; Correction
Index (all consumers, all items) during
compositions in the ASCAP, BMI and the period from the most recent Index AGENCY: Environmental Protection
SESAC repertoires. The cost of living published before December 1, 2005, to Agency (EPA).
adjustment is based on the change in the the most recent Index published before ACTION: Direct final rule; correcting
rmajette on PROD1PC67 with RULES1

Consumer Price Index from October December 1, 2006, is 1.3% (2005’s figure
2005 to October 2006. amendment.
was 199.2; the figure for 2006 is 201.8,
EFFECTIVE DATE: January 1, 2007. based on 1982–1984 = 100 as a reference SUMMARY: This document corrects an
FOR FURTHER INFORMATION CONTACT: Gina base). Rounding off to the nearest dollar, error in the rule language of a final rule
Giuffreda, Attorney Advisor, or Abioye the royalty rates for the use of musical pertaining to EPA’s direct final action to

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