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.
51620 Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Proposed Rules

In addition, NRBMLC proposes a rate

for the recording of nondramatic

performances and displays of musical

works on and for the radio and

television programs of public

broadcasting entities, and for the

making, reproduction, and distribution

of copies and phonorecords of public

broadcasting programs containing such

nondramatic performances and displays

of musical works solely for the purpose

of transmission by public broadcasting

entities.

The rates for such uses, other than in

a National Public Radio produced radio

program, for the 1993–1997 period are:

Feature composition ..................................$.70

Feature (concert) (per half hour) .............$1.45

Background composition...........................$.35

These rates are codified at 37 CFR

253.7(b)(4). NRBMLC proposes that the

rates for the 1998–2002 period remain

the same.

2. Public Broadcasting Service and

National Public Radio

The Public Broadcasting Service

(PBS) and National Public Radio (NPR)

submitted a joint proposal to adjust the

terms and rates for copyrighted works of

unaffiliated copyright owners used by

them for the 1998–2002 period. For

adjustment of rates, PBS and NPR

propose a one-time upward adjustment

to the relevant rates in the amount of 6.2

percent. This one-time adjustment

equals the average of the increases that

would result from annual 2 percent

increases over a five-year period.

With respect to terms, PBS and NPR

propose that the current terms for the

use of unaffiliated copyright owners’

works by PBS and NPR remain

unchanged, except to clarify that the

proposed rates would not apply to

works the rights to which are licensed

by ASCAP, BMI, SESAC, The Harry Fox

Agency, or the National Music

Publishers Association. Unaffiliated

copyright owners should consult 37

CFR part 253 for a description of the

current terms.

The proposed changes in rates of PBS

and NPR are as follows:

(a) Section 253.4 of the rules

establishes the rates for performance of

nondramatic musical compositions by

PBS, NPR and other public broadcasting

entities engaged in the activities set

forth in 17 U.S.C. 118(d). PBS and NPR

propose that the changes in these rates

for the 1998–2002 period be as follows:

(i) For the performance of such a work

in a feature presentation of PBS,

$211.53, up from the current rate of

$199.18;

(ii) For the performance of such a

work as background or theme music in

a PBS program, $53.59, up from the

current rate of $50.46;

(iii) For the performance of such work

in a feature presentation of a station of

PBS, $18.08, up from the current rate of

$17.02;

(iv) For the performance of such a

work as background or theme music in

a program of a station of PBS, $3.81, up

from the current rate of $3.59;

(v) For the performance of such a

work in a feature presentation of NPR,

$21.44, up from the current rate of

$20.19;

(vi) For the performance of such a

work as background or theme music in

an NPR program, $5.20, up from the

current rate of $4.90;

(vii) For the performance of such a

work in a feature presentation of a

station of NPR, $1.52, up from the

current rate of $1.43; and

(viii) For the performance of such a

work as background or theme music in

a program of a station of NPR, $.54, up

from the current rate of $.51.

(b) Section 253.7 of the rules

establishes the rates for the recording of

nondramatic performances and displays

of musical works on and for the radio

and television programs of public

broadcasting entities, and for the

making, reproduction, and distribution

of copies and phonorecords of public

broadcasting programs containing such

nondramatic performances and displays

of musical works solely for the purpose

of transmission by public broadcasting

entities. PBS and NPR propose that the

changes in these rates be as follows:

(i) For the use of a musical work in

a PBS-distributed program, , the royalty

fees for the 1998–2002 period would be

calculated by multiplying the following

per composition rates by the number of

different compositions in that PBSdistributed program:

Feature—$106.04, up from the current

rate of $99.85

Concert feature (per minute)—$31.84,

up from the current rate of $29.98

Background—$53.59, up from the

current rate of $50.46

Theme

Single program or first series program—

$53.59, up from the current rate of

$50.46

Other series program—$21.75, up from

the current rate of $20.48

(ii) For such uses other than in a PBSdistributed television program, the

royalty fee for the 1998–2002 period

would be calculated by multiplying the

following per-composition rates by the

number of different compositions in that

program:

Feature—$8.76, up from the current rate

of $8.25

Concert feature (per minute)—$2.30, up

from the current rate of $2.17

Background—$3.81, up from the current

rate of $3.59

Theme

Single program or first series program—

$3.81, up from the current rate of

$3.59

Other series program—$1.52, up from

the current rate of $1.43

(iii) For uses in a musical work in a

NPR program, the royalty fee for the

1998–2002 period would be calculated

by multiplying the following percomposition rates by the number of

different compositions in any NPR

program distributed by NPR:

Feature—$11.48, up from the current

rate of $10.81

Concert feature (per half hour)—$16.85,

up from the current rate of $15.87

Background—$5.75, up from the current

rate of $5.41

Theme

Single program or first series program—

$5.75, up from the current rate of

$5.41

Other series program—$2.29, up from

the current rate of $2.16

(iv) For such uses other than in a

NPR-produced radio program:

Feature—$.74, up from the current rate

of $.70

Feature (concert) (per half hour)—$1.54,

up from the current rate of $1.45

Background—$.37, up from the current

rate of $.35

(c) Section 253.8 of the rules

establishes rates and terms for the use

of pictorial, graphic, and sculptural

works by public broadcasting entities.

The rates and terms include the making

of reproductions described in 17 U.S.C.

118(d)(3). PBS and NPR propose that the

change in rates for the 1998–2002

period be as follows:

(i) For such uses in a PBS-distributed

program:

Featured display—$64.78, up from the

current rate of $61.00

Background and montage display—

$31.59, up from the current rate of

$29.75

Program identification or thematic

use.—$127.71, up from the current

rate of $120.25

Display of an art reproduction—$41.95,

up from the current rate of $39.50

(ii) For such uses in other than PBSdistributed programs:

Featured display—$41.95, up from the

current rate of $39.50

Background and montage display—

$21.51, up from the current rate of

$20.25
Federal Register / Vol. 62, No. 191 / Thursday, October 2, 1997 / Proposed Rules 51621

Program identification or thematic use—

$85.76, up from the current rate of

$80.75

Display of an art reproduction—$21.51,

up from the current rate of $20.25

Rate Adjustment for Section 253.7(b)(4)

Review of the rate proposals of

NRBMLC and PBS and NPR reveals that

there is a conflict between their

proposed rates for the recording of

nondramatic performances and displays

of musical works on and for the radio

and television programs of public

broadcasting entities, other than in a

National Public Radio produced

program, and for the making,

reproduction, and distribution of copies

and phonorecords of public

broadcasting programs containing such

nondramatic performances and displays

of musical works solely for the purpose

of transmission by public broadcasting

entities. 37 CFR 253.7(b)(4). NRBMLC

proposes that the rates remain the same

as the current rates, while PBS and NPR

propose an increase of 6.2 percent. To

resolve this conflict, the Librarian is

announcing that he will adopt the

proposal of PBS and NPR, described

above, unless NRBMLC or some other

party challenges the proposal, in which

case the matter will be resolved by the

CARP in this proceeding.

Marilyn J. Kretsinger,

Assistant General Counsel.

[FR Doc. 97–26062 Filed 10–1–97; 8:45 am]

BILLING CODE 1410–33–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 136

[FRL–5901–5]

Guidelines Establishing Test

Procedures for the Analysis of Oil and

Grease and Total Petroleum

Hydrocarbons; Notice of Availability

and Request for Comment

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of data availability and

request for comment.

SUMMARY: On January 23, 1996 (61 FR

1730), EPA proposed to amend the

Guidelines Establishing Test Procedures

for the Analysis of Pollutants under

section 304(h) of the Clean Water Act to

replace existing gravimetric test

procedures for the determination of the

conventional pollutant ‘‘oil and grease’’

(40 CFR 401.16) with EPA Method 1664,

as part of EPA’s effort to reduce

dependency on the use of

chlorofluorocarbons (CFCs). EPA also

proposed to allow use of Method 1664

for determination of total petroleum

hydrocarbons (TPH). The comment

period on the proposal ended on March

25, 1996. On May 24, 1996 (61 FR

26149), EPA reopened the comment

period until July 23, 1996. EPA received

analytical data during both comment

periods and following the close of the

reopened comment period, and desires

to consider these data in its rulemaking.

EPA therefore is making available for

public review and comment these

additional analytical data which the

Agency is considering in establishing

the final regulation approving use of

Method 1664.

DATES: Written comments on this notice

must be submitted on or before

November 3, 1997. All comments must

be postmarked or delivered by hand by

November 3, 1997.

ADDRESSES: Send written comments on

this notice to ‘‘Method 1664—Notice of

Data Availability,’’ Comment Clerk,

Water Docket MC–4101, Environmental

Protection Agency, 401 M Street, S.W.,

Washington, D.C. 20460. Commenters

are requested to submit one copy of any

references cited in their comments and

an original and two copies of their

written comments and enclosures.

Commenters who want receipt of their

comments acknowledged should

include a self-addressed, stamped

envelope. No facsimiles (faxes) will be

accepted.

A copy of the data received by the

Agency during and pursuant to the

comment period for the proposed rule is

available for review at EPA’s Water

Docket, 401 M Street, S.W., Washington,

D.C. 20460. For access to the Docket

materials, call (202) 260–3027 between

9:00 a.m. and 3:30 p.m. Eastern

Standard Time (EST) for an

appointment.

The complete text of this Federal

Register notice and Method 1664 may

be viewed or downloaded on the

Internet at http://www.epa.gov/OST.

FOR FURTHER INFORMATION CONTACT: Mr.

Ben Honaker, Engineering and Analysis

Division (4303), USEPA Office of

Science and Technology, 401 M Street,

S.W., Washington, D.C., 20460, or call

(202) 260–2272.

SUPPLEMENTARY INFORMATION: On

January 23, 1996 (61 FR 1730), EPA

proposed to replace currently approved

gravimetric test procedures with EPA

Method 1664: N-Hexane Extractable

Material (HEM) and Silica Gel Treated

N-Hexane Extractable Material (SGT–

HEM) by Extraction and Gravimetry (Oil

and Grease and Total Petroleum

Hydrocarbons) for determination of ‘‘oil

and grease’’. Oil and grease is a

conventional pollutant as defined in

section 304(a) of the Clean Water Act

(CWA) and at 40 CFR 401.16. Method

1664 also was proposed for

determination of total petroleum

hydrocarbons (TPH), a nonconventional pollutant regulated in

many National Pollution Discharge

Elimination System permits. The

proposed rule is necessary to meet

compliance monitoring requirements of

CWA and the chlorofluorocarbon

phaseout requirements of the Clean Air

Act Amendments. Method 1664 was

proposed under the authority of

Sections 301, 304(h), and 501(a) of CWA

and the authority of sections 604, 606,

and 613 of the 1990 Clean Air Act

Amendments. In the proposed rule, the

Agency requested comments, analysis,

and additional information on the

replacement of Freon-113 with nhexane, the utility of Method 1664 for

monitoring, the quality control (QC)

acceptance criteria in Method 1664, the

method detection limit (MDL) and

minimum level (ML), the performancebased option criteria, and the six-month

implementation scenario. In response to

this request, the Agency received

comments that provided additional

analytical data pertaining to Method

1664.

The comment period on the proposal

ended on March 25, 1996. On May 24,

1996 (61 FR 26149), EPA reopened the

comment period until July 23, 1996.

EPA received analytical data during

both comment periods and following

the close of the reopened comment

period. The Agency desires to consider

these additional data in formulating the

final rule for the use of Method 1664.

This notice makes available for public

review and comment all additional

analytical data received by the Agency

since the publication of the proposed

rule. The additional data consist of

results from preparation blank analyses,

solid-phase extraction analyses,

comparison of n-hexane-based

extraction and freon-based extraction,

and MDL and ML data.

EPA is soliciting comment on the

additional analytical data only. Further

comments on the proposal (61 FR 1730)

will not be accepted. These additional

data neither represent any modification

of the proposed rule, nor indicate a

change in the Agency’s interpretation of

existing requirements. The data

represent additional information which

the Agency is considering in

establishing the final regulation

approving the use of Method 1664.