Federal Register / Vol. 65, No. 232 / Friday, December 1, 2000 / Rules and Regulations 75167

* * * * *

Issued in Washington, DC, this 17th day of

November, 2000.

David M. Strauss,

Executive Director, Pension Benefit Guaranty

Corporation.

[FR Doc. 00–30324 Filed 11–30–00; 8:45 am]

BILLING CODE 7708–01–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 253

[Docket No. 2000–8 CARP]

Cost of Living Adjustment for

Performance of Musical Compositions

by Colleges and Universities

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final rule.

SUMMARY: The Copyright Office of the

Library of Congress announces a cost of

living adjustment of 3.4% in the royalty

rates paid by colleges, universities, or

other nonprofit educational institutions

that are not affiliated with National

Public Radio for the use of copyrighted

published nondramatic musical

compositions. The cost of living

adjustment is based on the change in the

Consumer Price Index from October,

1999, to October, 2000.

EFFECTIVE DATE: January 1, 2001.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel, or

Tanya M. Sandros, Attorney Advisor, at

Copyright Arbitration Royalty Panel,

P.O. Box 70977, Southwest Station,

Washington, DC 20024. Telephone:

(202) 707–8380. Telefax: (202) 252–

3423.

SUPPLEMENTARY INFORMATION: Section

118 of the Copyright Act, 17 U.S.C.,

creates a compulsory license for the use

of published nondramatic musical

works and published pictorial, graphic,

and sculptural 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. 17 U.S.C. 118(c). The

last proceeding to adjust the terms and

rates for the section 118 license began

in 1996. 61 FR 54458 (October 18,

1996).

On January 14, 1998, the Copyright

Office announced final regulations

governing the terms and rates of

copyright royalty payments with respect

to certain uses by public broadcasting

entities of published nondramatic

musical works, and published pictorial,

graphic, and sculptural works,

including the 1998 rates for the public

performance of musical compositions in

the ASCAP, BMI, and SESAC

repertories by public broadcasting

entities licensed to colleges and

universities. 63 FR 2142 (January 14,

1998).

Pursuant to these regulations, on

December 1 of each year ‘‘the Librarian

of Congress shall publish a notice of the

change in the cost of living during the

period from the most recent Index

published prior to the previous notice,

to the most recent Index published prior

to December 1, of that year.’’ 37 CFR

253.10(a). The regulations also require

that the Librarian publish a revised

schedule of rates for the public

performance of musical compositions in

the ASCAP, BMI, and SESAC

repertories by public broadcasting

entities licensed to colleges and

universities, reflecting the change in the

Consumer Price Index. 37 CFR

253.10(b).

Accordingly, the Copyright Office of

the Library of Congress is hereby

announcing the change in the Consumer

Price Index and performing the annual

cost of living adjustment to the rates set

out in § 253.5(c). 63 FR 2142 (January

14, 1998).

The change in the cost of living as

determined by the Consumer Price

Index (all consumers, all items) during

the period from the most recent Index

published before December 1, 1999, to

the most recent Index published before

December 1, 2000, is 3.4% (1999’s figure

was 168.2; the figure for 2000 is 174.0,

based on 1982–1984=100 as a reference

base). Rounding off to the nearest dollar,

the adjustment in the royalty rate for the

use of musical compositions in the

repertory of ASCAP and BMI is $239,

each, and $65 for the use of musical

compositions in the repertory of SESAC.

List of Subjects in 37 CFR Part 253

Copyright, Radio, Television.

Final Regulation

For the reasons set forth in the

preamble, part 253 of title 37 of the

Code of Federal Regulations is amended

as follows:

PART 253—USE OF CERTAIN

COPYRIGHTED WORKS IN

CONNECTION WITH

NONCOMMERCIAL EDUCATIONAL

BROADCASTING

1. The authority citation for part 253

continues to read as follows:

Authority: 17 U.S.C. 118, 801(b)(1) and

803.

2. 37 CFR 253.5 is amended by

revising paragraphs (c)(1) through (c)(3).

§ 253.5 Performance of musical

compositions by public broadcasting

entities licensed to colleges and

universities.

* * * * *

(c) * * *

(1) For all such compositions in the

repertory of ASCAP, $239 annually.

(2) For all such compositions in the

repertory of BMI, $239 annually.

(3) For all such compositions in the

repertory of SESAC, $65 annually.

* * * * *

Dated: November 21, 2000.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 00–30513 Filed 11–30–00; 8:45 am]

BILLING CODE 1410–33–P

POSTAL SERVICE

39 CFR Part 111

Invalid Ancillary Service

Endorsements

AGENCY: Postal Service.

ACTION: Final rule.

SUMMARY: On August 2, 2000 (65 FR

47362), the Postal Service published for

comment a proposed rule amending the

Domestic Mail Manual (DMM) to

eliminate the transitional provisions for

the handling of mail bearing invalid

ancillary service endorsements. This

final rule sets forth changes to the

DMM, allowing the Postal Service to

reject mail bearing invalid

endorsements and treat such items as

unendorsed mail.

EFFECTIVE DATE: January 1, 2001.

FOR FURTHER INFORMATION CONTACT:

Jackie Estes, (202) 268–3543.

SUPPLEMENTARY INFORMATION: In July

1997 the Postal Service simplified the

endorsements used to request ancillary

services by eliminating the existing

endorsements and substituting four

choices, ‘‘Address Service Requested,’’

‘‘Forwarding Service Requested,’’

‘‘Return Service Requested,’’ and

‘‘Change Service Requested.’’ As a

transitional accommodation to mailers

with stationery bearing the former

endorsements, the Postal Service

adopted standards providing for the

handling of mail bearing the former

endorsements. To reduce the risk of

confusion and error created by

conflicting and obsolete endorsements,

the Postal Service proposed to eliminate