51618 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Proposed Rules

(2) A pipeline right-of-way grant

holder must identify in writing to the

Regional Supervisor the operator of any

pipeline located on its right-of-way if

the operator is different from the rightof-way grant holder.

(3) A producing operator must

identify on all existing pipelines located

on its lease or right-of-way the specific

points at which operating responsibility

transfers to a transporting operator.

(i) If the transfer points are not

identifiable by a durable marking, each

producing operator must mark all

above-water transfer points by (insert

date 180 days after the final rule is

published). The operators of new

pipelines also must durably mark all

above-water transfer points directly on

each pipeline.

(ii) If it is not practical to durably

mark a transfer point, and the transfer

point is located above water, then the

operator must depict the transfer point

on a schematic located on the facility.

(iii) If a transfer point is located

subsea, then the operator also must

identify the transfer point on a

schematic. The operator must provide

the schematic to MMS upon request.

(iv) If a producing and an adjoining

transporting operator cannot agree on a

transfer point by the date specified in

paragraph (c)(3)(i) of this section, the

MMS Regional Supervisor and the

Department of Transportation (DOT)

Office of Pipeline Safety (OPS) Regional

Director may jointly determine the

transfer point.

(4) Operators may petition, by letter,

the MMS Regional Supervisor for

exceptions to the general operations

transfer point description on a facilityby-facility or an area-by-area basis. The

Regional Supervisor, in consultation

with the OPS Regional Director and

affected parties, may grant such

exceptions.

(5) Pipeline segments designed and

constructed under DOT regulations

before (INSERT THE EFFECTIVE DATE

OF THE FINAL RULE), may continue to

operate under DOT design and

construction requirements until

significant modifications or repairs are

made to those segments. After (INSERT

THE EFFECTIVE DATE OF THE FINAL

RULE), MMS operational and

maintenance requirements will apply to

those segments.

* * * * *

3. In § 250.151, a definition for the

term ‘‘DOI pipelines’’ is added in

alphabetical order as follows:

§ 250.151 Definitions.

* * * * *

DOI pipelines are those pipelines

extending upstream from each point on

the OCS at which operating

responsibility transfers from a

producing operator to a transporting

operator.

* * * * *

4. Section 250.157 is amended by

revising the title, revising paragraph (a)

introductory text, and adding a new

sentence at the end of paragraph (a)(2)

to read as follows:

§ 250.157 What to include in applications.

(a) Applications to install a lease term

pipeline or for a pipeline right-of-way

grant must be submitted in

quadruplicate to the Regional

Supervisor. Right-of-way grant

applications must include an

identification of the operator of the

pipeline. Each application must include

the following:

* * * * *

(2) * * * The schematic must

indicate the point on the OCS at which

operating responsibility transfers from a

producing operator to a transporting

operator.

* * * * *

[FR Doc. 97–26073 Filed 10–1–97; 8:45 am]

BILLING CODE 4310–MR–P

DEPARTMENT OF THE TREASURY

Fiscal Service

31 CFR Part 208

RIN 1510–AA56

Management of Federal Agency

Disbursements: Hearing

AGENCY: Financial Management Service,

Fiscal Service, Treasury.

ACTION: Change of date of public

hearing.

SUMMARY: This document changes the

date of the New York City public

hearing on proposed regulations relating

to the government’s use of electronic

funds transfer to make all Federal

payments, with the exception of tax

refunds, after January 1, 1999.

DATES: The public hearing in New York

City is being held on Monday, October

20, 1997 beginning at 10:00 a.m.

Requests to testify at the hearing and

outlines of testimony must be received

by Friday, October 10, 1997.

ADDRESSES: The public hearing in New

York City will be held at the U.S.

Alexander Hamilton Customs House, 1

Bowling Green, New York, New York.

FOR FURTHER INFORMATION CONTACT:

Regarding the hearing, contact Martha

Thomas-Mitchell at (202) 874–6757 or at

Internet address martha.thomasmitchell@fms.sprint.com. For general

information on the proposed regulation,

contact Robyn Schulhof at (202) 874–

6754 or Diana Shevlin at (202) 874–

7032.

SUPPLEMENTARY INFORMATION: A notice

of proposed rulemaking appearing in

the Federal Register on September 16,

1997 (62 FR 48714) announced that a

public hearing would be held in New

York City on October 27, 1997 at the

U.S. Alexander Hamilton Customs

House, 1 Bowling Green, New York,

New York, and that requests to speak at

the hearing were to be received 14 days

prior. The date of the hearing has

changed as well as the due date for

requests to testify at the hearing. The

location of the hearing remains the same

as originally published.

Dated: September 29, 1997.

Michael T. Smokovich,

Deputy Commissioner.

[FR Doc. 97–26197 Filed 9–30–97; 8:45 am]

BILLING CODE 4810–35–P

DEPARTMENT OF DEFENSE

Corps of Engineers, Department of the

Army

33 CFR Part 334

Danger Zones, Chesapeake Bay, Point

Lookout to Cedar Point, Maryland;

Correction

AGENCY: U.S. Army Corps of Engineers,

DOD.

ACTION: Proposed rule; correction and

extension of comment period.

SUMMARY: This document corrects the

preamble to a proposed rule published

in the Federal Register on September 8,

1997, which concerns the Navy’s

request to amend the danger zone

regulations. In the preamble the size of

a restricted area is incorrectly expressed

in feet. It should be expressed in yards.

In addition, the comment period for this

proposed rule which is scheduled to

end on October 8, 1997, is extended

until 31, 1997, to coincide with the

comment period of a similar public

notice issued by the Army Corps of

Engineers Baltimore District.

DATES: Comments should be submitted

by October 31, 1997.

ADDRESSES: HQUSACE, CECW–OR,

Washington, D.C. 20314–1000.

FOR FURTHER INFORMATION CONTACT: Mr.

Steve Elinsky at (410) 962–4503 or Mr.

Ralph Eppard at (202) 761–1783.

Correction

In the proposed rule published in the

Federal Register on September 8, 1997
Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Proposed Rules 51619

(62 FR 47166–47167, make the

following corrections in the Summary

section. On page 47166, in the center

column, in the third sentence correct

‘‘600 feet’’ to read ‘‘600 yards’’, and in

the following sentence correct ‘‘1,000

feet’’ to read ‘‘1,000 yards’’.

In the SUPPLEMENTARY INFORMATION

section, correct the third sentence to

read ‘‘The Navy also proposed to

enlarge the existing restricting area at

the Hannibal Target from a water area

with a radius of 600 yards to a radius

of 1,000 yards, and entry into the area

is prohibited at all times.’’

Dated; September 25, 1997.

Ralph T. Eppard,

Liaison Officer to the Federal Register, U.S.

Army Corps of Engineers.

[FR Doc. 97–26154 Filed 10–1–97; 8:45 am]

BILLING CODE 3710–92–M

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 253

[Docket No. 96–6 CARP NCBRA]

Noncommercial Educational

Broadcasting Compulsory License

AGENCY: Copyright Office, Library of

Congress.

ACTION: Request for comments.

SUMMARY: The Copyright Office of the

Library of Congress is submitting for

public comment certain settlement

proposals for the adjustment of the

royalty rates for the noncommercial

educational broadcasting compulsory

license.

DATES: Comments and notices of intent

to participate are due by November 3,

1997.

ADDRESSES: If sent by mail, an original

and five copies of comments, and

Notices of Intent to Participate, should

be addressed to: Copyright Arbitration

Royalty Panel (CARP), P.O. Box 70977,

Southwest Station, Washington, D.C.

20024. If hand delivered, an original

and five copies of comments, and

Notices of Intent to Participate, should

be brought to: Office of the Copyright

General Counsel, James Madison

Memorial Building, Room LM–403, First

and Independence Avenue, S.E.,

Washington, D.C. 20559–6000.

FOR FURTHER INFORMATION CONTACT:

William J. Roberts, Senior Attorney, or

Tanya Sandros, Attorney Advisor,

Copyright Arbitration Royalty Panel

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

Station, Washington, D.C. 20024.

Telephone (202) 707–8380. Telfax: (202)

707–8366.

SUPPLEMENTARY INFORMATION:

Background

Section 118 of the Copyright Act, 17

U.S.C., creates a compulsory license for

the use of certain copyrighted 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. The

last adjustment of the terms and rates

for the section 118 license occurred in

1992, making 1997 a window year for

the adjustment of these terms and rates.

On October 18, 1996, the Library

published a notice in the Federal

Register requesting comments from

interested parties as to the need for a

CARP proceeding to adjust the section

118 terms and rates. 61 FR 54459 (Oct.

18, 1996). After a protracted negotiation

period, certain parties identified the

need for a CARP proceeding, and the

Library has announced the

precontroversy discovery period and the

initiation of the CARP. Order in Docket

No. 96–6 CARP NCBRA (July 30, 1997).

Most of the rates and terms adopted

for the section 118 license are for the

use of works of copyright owners

represented by one or more of the

performing rights societies or

organizations. Although not all

copyright owners belong to such

organizations, their works are

nonetheless subject to usage under the

section 118 license. It is, therefore,

necessary to adopt royalty terms and

rates for those ‘‘unaffiliated’’ copyright

owners whose identity is not known,

and whose interests are not currently

represented in this proceeding.

Adjusting the Terms and Rates for

Unaffiliated Copyright Owners

Section 251.63 of 37 CFR prescribes

the procedure for adopting terms and

rates for unaffiliated copyright owners

under section 118. Because the identity

of such copyright owners is not known,

copyright users are unable to negotiate

with them to reach private agreements;

and their interests would not be

represented if the matter were submitted

to a CARP. Section 251.63 of the rules,

therefore, allows copyright users to

submit their proposals for adjustment of

the terms and rates for the section 118

license to the Librarian of Congress. The

Librarian then submits the proposals to

a public notice and comment

proceeding, whereby unaffiliated

copyright owners who would be

affected by the proposals are given the

opportunity to challenge them. The

unaffiliated copyright owners must

submit their challenges by a date certain

and must be willing to participate in the

CARP proceeding adjusting the section

118 terms and rates. If no challenges are

received, or if challenges are received by

unaffiliated copyright owners who will

not participate in a CARP proceeding,

then the Librarian will adopt the

proposals of the copyright users.

Accordingly, unaffiliated copyright

owners must submit their written

challenges to the Librarian of Congress

no later than close of business on

November 3, 1997. The content of the

written challenge should describe the

unaffiliated copyright owner’s interest

in this proceeding, which proposal

described below that the owner finds

objectionable, and the reasons for the

challenge.

In addition, unaffiliated copyright

owners submitting written challenges

must also submit accompanying notices

of intent to participate. Failure to

submit a notice of intent to participate

will preclude an unaffiliated copyright

owner from participating in this

proceeding and consideration of his or

her written challenge. Those

unaffiliated copyright owners who do

submit notices of intent to participate

will be contacted by the Librarian as to

when their written direct cases are due.

It is the intention of the Librarian to

include such owners in the CARP

proceeding that shall commence on

December 31, 1997.

Proposals for Adjustment of Terms and

Rates

Three parties, representing certain

copyright users of works in connection

with noncommercial broadcasting, filed

proposals for adjustment of terms and

rates.

1. National Religious Broadcasters

Music Licensing Committee

The National Religious Broadcasters

Music Licensing Committee

(‘‘NRBMLC’’) proposes a rate for the

public performance of copyrighted

published nondramatic musical

compositions not in the repertory of the

American Society of Composers,

Authors and Publishers (ASCAP),

Broadcast Music, Inc. (BMI), or SESAC

by radio stations not licensed to

colleges, universities, or other nonprofit

educational institutions and not

affiliated with National Public Radio.

The royalty rate for such performances

from 1993–1997 is $1 per performance,

and is established in 37 CFR 253.6(c)(4).

NRBMLC proposes that the rate remain

the same for the period 1998–2002.