Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Notices 41737

FOR FURTHER INFORMATION CONTACT: Ms.

Jan D. Broady of the Department,

telephone (202) 219–8881. (This is not

a toll-free number.)

General Information

The attention of interested persons is

directed to the following:

(1) The fact that a transaction is the

subject of an exemption under section

408(a) of the Act and/or section

4975(c)(2) of the Code does not relieve

a fiduciary or other party in interest or

disqualified person from certain other

provisions to which the exemptions

does not apply and the general fidicuary

responsibility provisions of section 404

of the Act, which among other things

require a fiduciary to discharge his

duties respecting the plan solely in the

interest of the participants and

beneficiaries of the plan and in a

prudent fashion in accordance with

section 404(a)(1)(B) of the Act; nor does

it affect the requirement of section

401(a) of the Code that the plan must

operate for the exclusive benefit of the

employees of the employer maintaining

the plan and their beneficiaries;

(2) These exemptions are

supplemental to and not in derogation

of, any other provisions of the Act and/

or the Code, including statutory or

administrative exemptions and

transactional rules. Furthermore, the

fact that a transaction is subject to an

administrative or statutory exemption is

not dispositive of whether the

transaction is in fact a prohibited

transaction; and

(3) The availability of these

exemptions is subject to the express

condition that the material facts and

representations contained in each

application accurately describes all

material terms of the transaction which

is the subject of the exemption.

Signed at Washington, DC, this 30th day of

June, 2000.

Ivan Strasfeld,

Director of Exemption Determinations,

Pension and Welfare Benefits Administration,

Department of Labor.

[FR Doc. 00–17066 Filed 7–5–00; 8:45 am]

BILLING CODE 4510–29–M

LIBRARY OF CONGRESS

Copyright Office

[Docket No. 99–3 CARP DD 95–98]

Distribution of 1995, 1996, 1997, and

1998 Digital Audio Recording

Technology Royalties

AGENCY: Copyright Office, Library of

Congress.

ACTION: Announcement of the schedule

for the proceeding.

SUMMARY: The Copyright Office of the

Library of Congress is announcing the

schedule for the 180-day arbitration

period for the Copyright Arbitration

Royalty Panel (‘‘CARP’’) proceeding to

determine the distribution of the 1995–

98 digital audio recording technology

(‘‘DART’’) royalties in the Musical

Works Funds.

DATES: Filings must be submitted

according to the announced schedule,

except as otherwise provided by Order

of the Copyright Arbitration Royalty

Panel.

ADDRESSES: If hand delivered, parties

shall deliver an original and five copies

of all written filings concerning this

proceeding to: Office of the Copyright

General Counsel, James Madison

Memorial Building, First and

Independence Avenue, SE., Room LM–

403, Washington, DC 20540. If sent by

mail, filings should be addressed to:

Copyright Arbitration Royalty Panel

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

Station, Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel, or

Tanya M. Sandros, Senior Attorney,

Copyright Arbitration Royalty Panel

(‘‘CARP’’), PO Box 70977, Southwest

Station, Washington, DC 20024.

Telephone: (202) 707–8380. Telefax:

(202) 252–3423.

SUPPLEMENTARY INFORMATION:

A. Background

On May 4, 1999, the Copyright Office

published a notice in the Federal

Register requesting comment as to the

existence of a controversy concerning

the distribution of the 1995, 1996, 1997,

and 1998 DART royalty fees in the

Musical Works Funds and consolidating

the consideration of the distribution of

the 1995–98 Musical Works Funds into

a single proceeding. 64 FR 23875 (May

4, 1999). The following parties filed

comments and Notices of Intent to

Participate: Carl DeMonbrun/

Polyphonic Music, Inc. (‘‘DeMonbrun’’);

Broadcast Music, Inc. (‘‘BMI’’), the

American Society of Composers,

Authors and Publishers (‘‘ASCAP’’),

SESAC, Inc. (‘‘SESAC’’), the Harry Fox

Agency (‘‘HFA’’), the Songwriters Guild

of America (‘‘SGA’’), and Copyright

Management, Inc. (‘‘CMI’’) (collectively

the ‘‘Settling Parties’’); James Cannings/

Can Can Music (‘‘Cannings’’); Alicia

Carolyn Evelyn (‘‘Evelyn’’); and Eugene

‘‘Lambchops’’ Curry/ TaJai Music, Inc.

(‘‘Curry’’).

On September 21, 1999, the Office

issued an Order announcing the

precontroversy discovery schedule for

the proceeding, beginning on November

15, 1999. See Order in Docket No. 99–

3 CARP DD 95–98 (September 21, 1999).

Prior to commencement of the 45-day

precontroversy discovery period, the

Office was notified that Cannings and

DeMonbrun had settled their respective

controversies with the Settling Parties.

Thus, the parties who will appear before

the CARP in the current proceeding are

the Settling Parties, Evelyn, and Curry.

The September 21, 1999, Order also

set the initiation of the arbitration for

February 28, 2000. However, the

Office’s duty to publish every two years

a new list of arbitrators eligible to serve

on a CARP rendered the February 28

initiation date unworkable. See 37 CFR

251.3. On January 14, 2000, in

accordance with § 251.3(b), the Office

published the list of arbitrators eligible

to serve on a CARP initiated during

2000 and 2001. 65 FR 2439 (January 14,

2000). Because the time period between

the publication of the arbitrator list and

the February 28 initiation date was not

sufficient to complete the selection of

arbitrators for this proceeding, the

Office reset the initiation of the

arbitration to April 10, 2000. See Order

in Docket No. 99–3 CARP DD 95–98

(March 14, 2000).

On April 10, 2000, the Office

published a notice initiating the 180-day

arbitration period for this proceeding.

65 FR 19025 (April 10, 2000). Once the

arbitrators for this proceeding were

selected, the Office scheduled the initial

meeting between the arbitrators and the

parties for May 16, 2000. However, the

chairperson of the panel resigned out of

concern that potential conflicts of

interest, which were not known to the

arbitrator at the time of selection, may

exist under § 251.32. Because of these

concerns, the Copyright Office canceled

the May 16, 2000, meeting between the

parties and the original panel of

arbitrators. Pursuant to § 251.6(f), the

remaining two arbitrators selected a new

chairperson. On June 14, 2000, in

accordance with § 251.6(f), the Office

announced the suspension of the 180-

day arbitration period from May 16,

2000, to June 16, 2000, the resumption

of the 180-day period on June 16, 2000,

the new chairperson of the panel, and

the time and place of the rescheduled

initial meeting, which took place on

June 19, 2000. See 65 FR 37412 (June

14, 2000).

B. The Schedule

Section 251.11(b) of 37 CFR provides:

‘‘At the beginning of each proceeding,

the CARP shall develop the original

schedule of the proceeding which shall

be published in the Federal Register at

41738 Federal Register / Vol. 65, No. 130 / Thursday, July 6, 2000 / Notices

least seven calendar days in advance of

the first meeting. Such announcement

shall state the times, dates, and place of

the meetings, the testimony to be heard,

whether any of the meetings, or any

portion of a meeting, is to be closed, and

if so, which ones, and the name and

telephone number of the person to

contact for further information.’’

All meetings of the CARP are open to

the public, unless otherwise specified.

To ensure that the public receives

adequate notice of such meetings, the

rule requires that the Office publish a

schedule of the meetings at least seven

days before the first meeting. See 59 FR

2550 (January 18, 1994). As set forth

below, there are no further meetings for

this proceeding scheduled at this time;

thus, the seven-day advance publication

requirement is unnecessary in this

instance. Accordingly, this notice

fulfills the requirements of § 251.11(b)

for the proceeding to determine the

distribution of the 1995–98 DART

royalties in the Musical Works Funds.

On June 19, 2000, the parties to this

proceeding met with the arbitrators for

the purpose of setting a schedule and

discussing the procedural aspects of this

proceeding. The key procedural issue

before the Panel at the outset of the

proceeding was the consideration of the

issue designated to the CARP of whether

to suspend formal hearings and make

the determination as to the distribution

of the 1995–98 DART royalties in the

Musical Works Funds on the written

pleadings. See Order in Docket No. 99–

3 CARP DD 95–98 (December 22, 1999).

After hearing argument from all parties,

the Panel announced its decision to

waive the requirement of oral

evidentiary hearings and to proceed

upon the written record alone. The

Panel stated in its Order that the

following schedule would govern the

remainder of the proceeding:

Deadline for submission of any

revision desired at this time of a party’s

claim, pursuant to § 251.43(d): July 7,

2000.

Deadline for submission of any

rebuttal case desired by a party: July 28,

2000.

Deadline for submission of findings of

fact and conclusions of law and

proposed orders, including specific

calculations of royalty payments:

August 18, 2000.

Deadline for submission of reply

findings of fact and conclusions of law

and proposed orders: August 28, 2000.

Order in Docket No. 99–3 CARP DD

95–98 (June 19, 2000).

At this time, the parties have not

moved to close any portion of the

proceeding to the public. Further

refinements to the schedule will be

issued as orders to the parties

participating in the proceeding. All

changes will be noted in the docket file

of the proceeding, as required by the

Copyright Office regulations governing

the administration of CARP

proceedings. 37 CFR 251.11(c).

Dated: June 30, 2000.

David O. Carson,

General Counsel.

[FR Doc. 00–17108 Filed 7–5–00; 8:45 am]

BILLING CODE 1410–33–P

NATIONAL SCIENCE FOUNDATION

Notice of Permits Issued Under the

Antarctic Conservation Act of 1978

AGENCY: National Science Foundation.

ACTION: Notice of permits issued under

the Antarctic Conservation of 1978,

Public Law 95–541.

SUMMARY: The National Science

Foundation (NSF) is required to publish

notice of permits issued under the

Antarctic Conservation Act of 1978.

This is the required notice.

FOR FURTHER INFORMATION CONTACT:

Nadene G. Kennedy, Permit Office,

Office of Polar Programs, Rm. 755,

National Science Foundation, 4201

Wilson Boulevard, Arlington, VA 22230.

SUPPLEMENTARY INFORMATION: On May

12, 2000, the National Science

Foundation published a notice in the

Federal Register of permit applications

received. Permits were issued on June

28, 2000 to the following applicants:

Norbert Wu, Permit No. 2001–008

Tom Yelvington, Permit No. 2001–010

Nadene G. Kennedy,

Permit Officer.

[FR Doc. 00–17061 Filed 7–5–00; 8:45 am]

BILLING CODE 7555–01–M

NATIONAL SCIENCE FOUNDATION

Conservation Act of 1978; Notice of

Permit Modification

AGENCY: National Science Foundation.

SUMMARY: The Foundation modified a

permit to conduct activities regulated

under the Antarctic Conservation Act of

1978 (Pub. L. 95–541; Code of Federal

Regulations Title 45, Part 670).

FOR FURTHER INFORMATION CONTACT:

Nadene G. Kennedy, Permit Officer,

Office of Polar Programs, Rm. 755,

National Science Foundation, 4201

Wilson Boulevard, Arlington, VA 22230.

Description of Permit and Modification

1. On September 21, 1999, the

National Science Foundation issued a

permit (ACA #2000–001) to Dr. Steven

D. Emslie after posting a notice in the

August 17, 1999 Federal Register.

Public comments were not received. A

request to modify the permit was posted

in the Federal Register on April 11,

2000. No public comments were

received. The modification, issued by

the Foundation on May 16, 2000, allows

for entry into additional Antarctic

Specially Protected Areas for the

purpose of conducting surveys and

excavations by surveying ice-free areas

to locate evidence of a past or modern

breeding penguin colony. Access to the

Antarctic Specially Protected Areas will

be on an opportunity basis only

depending upon vessel cruise tracks and

schedules.

Location

ASPA 104—Sabrina Island, Balleny

Island

ASPA 105—Beaufort Island

ASPA 107—Dion Islands

ASPA 108—Green Island, Berthelot

Islands

ASPA 112—Coppermine Peninsula,

Robert Island

ASPA 115—Lagotellerie Island,

Marguerite Bay

ASPA 116—New College Valley,

Caughley Beach, Cape Bird

ASPA 117—Avian Island, Northwest

Marguerite Bay

ASPA 126—Byers Peninsula, Livingston

Island

ASPA 133—Harmony Point, Nelson

Island

ASPA 134—Cierva Point, Danco Coast

ASPA 149—Cape Shirref, Livingston

Island

ASPA 150—Ardley Island, King George

Island

ASPA 154—Cape Evans, Ross Island

Dates

January 1, 2000 to December 31, 2005.

Nadene G. Kennedy,

Permit Officer.

[FR Doc. 00–17062 Filed 7–5–00; 8:45 am]

BILLING CODE 7555–01–M

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–336]

Northeast Nuclear Energy Company, et

al.; Millstone Nuclear Power Station

Unit 2; Environmental Assessment and

Finding of No Significant Impact

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering issuance of an exemption

from the requirements of Title 10 of the

Code of Federal Regulations, Part 50 (10