Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 /Rules and Regulations 25415

114 and 801(b)(1), and the Librarian of

Congress under his authority pursuant

to 17 U.S.C. 802(f).

(b) Frequency of verification.

Interested parties may conduct a single

audit of a nonexempt subscription

digital transmission service during any

given calendar year.

(c) Notice of intent to audit. Interested

parties must submit a notice of intent to

audit a particular service with the

Copyright Office, which shall publish in

the Federal Register a notice

announcing the receipt of the notice of

intent to audit within 30 days of the

filing of the interested parties’ notice.

Such notification of intent to audit shall

also be served at the same time on the

party to be audited.

(d) Retention of records. The party

requesting the verification procedure

shall retain the report of the verification

for a period of three years.

(e) Acceptable verification procedure.

An audit, including underlying

paperwork, which was performed in the

ordinary course of business according to

generally accepted auditing standards

by an independent auditor, shall serve

as an acceptable verification procedure

for all parties.

(f) Costs of the verification procedure.

The interested parties requesting the

verification procedure shall pay for the

cost of the verification procedure,

unless an independent auditor

concludes that there was an

underpayment of five (5) percent or

more; in which case, the service which

made the underpayment shall bear the

costs of the verification procedure.

(g) Interested parties. For purposes of

this section, interested parties are those

copyright owners who are entitled to

receive royalty fees pursuant to 17

U.S.C. 114(g), their designated agents, or

the entity designated by the copyright

arbitration royalty panel in 37 CFR

260.3 to receive and to distribute the

royalty fees.

§ 260.6 Verification of royalty payments.

(a) General. This section prescribes

general rules pertaining to the

verification of the payment of royalty

fees to those parties entitled to receive

such fees, according to terms

promulgated by a duly appointed

copyright arbitration royalty panel,

under its authority to set reasonable

terms and rates pursuant to 17 U.S.C.

114 and 801(b)(1), and the Librarian of

Congress under his authority pursuant

to 17 U.S.C. 802(f).

(b) Frequency of verification.

Interested parties may conduct a single

audit of the entity making the royalty

payment during any given calendar

year.

(c) Notice of intent to audit. Interested

parties must submit a notice of intent to

audit the entity making the royalty

payment with the Copyright Office,

which shall publish in the Federal

Register a notice announcing the receipt

of the notice of intent to audit within 30

days of the filing of the interested

parties’ notice. Such notification of

interest shall also be served at the same

time on the party to be audited.

(d) Retention of records. The party

requesting the verification procedure

shall retain the report of the verification

for a period of three years.

(e) Acceptable verification procedure.

An audit, including underlying

paperwork, which was performed in the

ordinary course of business according to

generally accepted auditing standards

by an independent auditor, shall serve

as an acceptable verification procedure

for all parties.

(f) Costs of the verification procedure.

The interested parties requesting the

verification procedure shall pay for the

cost of the verification procedure,

unless an independent auditor

concludes that there was an

underpayment of five (5) percent or

more; in which case, the entity which

made the underpayment shall bear the

costs of the verification procedure.

(g) Interested parties. For purposes of

this section, interested parties are those

copyright owners who are entitled to

receive royalty fees pursuant to 17

U.S.C. 114(g), or their designated agents.

§ 260.7 Unknown copyright owners.

If the designated collecting agent is

unable to identify or locate a copyright

owner who is entitled to receive a

royalty payment under this part, the

collecting agent shall retain the required

payment in a segregated trust account

for a period of three years from the date

of payment. No claim to such payment

shall be valid after the expiration of the

three year period. After the expiration of

this period, the collecting agent may use

the unclaimed funds to offset the cost of

the administration of the collection and

distribution of the royalty fees.

Dated: April 17, 1998.

Marybeth Peters,

Register of Copyrights.

James H. Billington,

The Librarian of Congress.

[FR Doc. 98–12266 Filed 5–7–98; 8:45 am]

BILLING CODE 1410–33–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[FRL 325–6]

Approval and Promulgation of State

Implementation Plans

CFR Correction

In title 40 of the Code of Federal

Regulations, part 52 (§ 52.1019 to end),

revised as of July 1, 1997, in appendix

D to part 52, on page 610, in the first

and second columns, equations d–1 and

d–2 were inadvertently omitted.

Additionally, the second line in the

legend for Equation D–2 was incorrectly

printed. The missing equations and

corrected line should read as follows:

Appendix D to Part 52—Determination

of Sulfur Dioxide Emissions From

Stationary Sources by Continuous

Monitors

* * * * *

X

x

n

i

i

n

=

∑

1 Equation D-1

* * * * *

C I

Equation D

. .95

2 = − ( ) ∑ ∑− ( ) t.

n n n i i

975 2

1

χ χ

-2

* * * * *

t

.975 = t1–a/2, and

* * * * *

BILLING CODE 1505–01–D

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 980318066–8066–01; I.D.

022698A]

Fisheries of the Northeastern United

States; Northeast Multispecies

Fishery; Framework Adjustment 25;

Correction

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Final rule; correction.

SUMMARY: This rule removes regulatory

language inadvertently added, clarifies

the raised footrope requirement for

Small Mesh Area 1 & 2, and corrects an
25416 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 /Rules and Regulations

amendatory instruction to the regulatory

text of the final rule implementing

Framework Adjustment 25 to the

Fishery Management Plan for the

Northeast Multispecies Fishery (FMP)

published Tuesday, March 31, 1998,

and corrected on Wednesday, April 22,

1998.

DATES: Effective May 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Mary Tokarcik, 978–281–9326.

SUPPLEMENTARY INFORMATION:

Background

This document makes three

corrections to the regulations

implementing Framework Adjustment

25 to the FMP which was published on

March 31, 1998 (63 FR 15326) and

corrected on April 22, 1998 (63 FR

19850).

Section 648.80(a)(8) states that vessels

fishing with mesh smaller than the

minimum mesh size are subject to the

raised footrope requirement specified in

§ 648.80(a)(8)(iv). As with the finfish

excluder device required in the shrimp

fishery, the intent of the raised footrope

gear modification is to reduce bycatch of

regulated multispecies when vessels are

fishing with nets of mesh less than the

minimum mesh size. Because vessels

fishing under the provisions of the

Small Mesh Northern Shrimp Fishery

Exemption Area, which is inclusive of

Small Mesh Area 1 & 2, must properly

secure a finfish excluder device in their

trawl nets, this rule clarifies and

corrects the intent of the Small Mesh

Area 1 & 2 provision by allowing small

mesh vessels to employ either a raised

footrope or excluder device in their

trawl gear when fishing in these two

small mesh areas, depending on the

species of fish targeted.

In § 648.81, paragraph (g)(1)(i)

describes the Gulf of Maine Inshore

Closure Area I. However, this paragraph

also inadvertently refers to Inshore

Closure Area III, which is described in

§ 648.81(g)(1)(iii). This correction

document removes the reference to

Inshore Closure Area III from

§ 648.81(g)(l)(i).

This document corrects an

amendatory instruction contained in the

final rule document. Amendatory

instruction 6 stated that in § 648.86,

paragraph (b)(1)(ii) is revised. However,

NMFS only intended to revise the

introductory text to § 648.86(b)(1)(ii).

Therefore, this documents revises the

amendatory instruction to state that

only the introductory text to

§ 648.86(b)(1)(ii) is revised.

Correction

Accordingly, in the publication on

March 31, 1998, of the final regulations

to implement Framework Adjustment

25 to the Northeast Multispecies FMP

(I.D. 022698A) and corrected on April

22, 1998 (63 FR 19850), which was the

subject of FR Doc. 98–8288, is corrected

as follows:

1. On page 15330, in the second

column, under § 648.80(a)(8)(i), ninth

line down, insert the phrase ‘‘or

(a)(3)(ii)’’ after the words ‘‘paragraph

(a)(8)(iv).’’

2. On page 15331, in the second

column, under § 648.81(g)(1)(i), fifth

line, remove ‘‘apply to Inshore Closure

Area III’’.

3. On page 15332, in the second

column, amendatory instruction 6 to

§ 648.86, third line, correct ‘‘(b)(1)(ii)’’

to read ‘‘(b)(1)(ii) introductory text’’.

Authority: 16 U.S.C. 1801 et seq.

Dated: May 4, 1998.

Rolland A. Schmitten,

Assistant Administrator for Fisheries,

National Marine Fisheries Service.

[FR Doc. 98–12253 Filed 5–7–98; 8:45 am]

BILLING CODE 3510–22–F