Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 /Rules and Regulations 29137

and Logistics Command Pacific Legal

Office.

Discussion of Regulation

This regulation is necessary to protect

the lives and property of the race

participants and spectators by

establishing an exclusionary zone

around the 2nd Annual Oceanside

Grand Prix. During race times, vessels

will be traveling at high rates of speed

which will hinder their reaction time to

obstacles. This safety zone will be

marked by the sponsor, and enforced by

U.S. Coast Guard personnel with the

assistance of the Oceanside Harbor

Police. Persons and vessels are

prohibited form entering into, transiting

through, or anchoring within the safety

zone unless authorized by the Captain

of the Port.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has been exempted for review

by the Office of Management and

Budget under that order. It is not

significant under the regulatory policies

and procedures of the Department of

Transportation (44 FR 11040; February

26, 1979). Due to the short duration and

limited scope of the safety zone the

Coast Guard expects the economic

impact of this proposal to be so minimal

that a full Regulatory Evaluation under

paragraph 10(e) of the regulatory

policies and procedures of Department

of Transportation is unnecessary.

Collection of Information

This regulation contains no collection

of information requirements under the

Paperwork Reduction Act (44 U.S.C.

3501 et seq.).

Federalism

The Coast Guard has analyzed this

regulation under the principles and

criteria contained in Executive Order

12612, and has determined that this

regulation does not have sufficient

federalism implications to warrant the

preparation of a Federalism Assessment.

Environmental Assessment

The Coast Guard has considered the

environmental impact of this regulation

and concluded that under figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C as revised in 59

FR 38654, July 29, 1994, it will have no

significant environmental impact and it

is categorically excluded from further

environmental documentation. A

Categorical Exclusion Determination

and Environmental Analysis Checklist

will be available for inspection and

copying in the docket to be maintained

at the address listed in ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

In consideration of the foregoing,

Subpart F of Part 165 of Title 33, Code

of Federal Regulations, is amended as

follows:

PART 165—REGULATED NAVIGATION

AREAS AND LIMITED ACCESS AREAS

1. The authority citation for 33 CFR

part 165 continues to read as follows:

Authority: 33 U.S.C. 1231; 50 U.S.C. 191;

33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5;

49 CFR 1.46.

2. A new section 165.T11–033 is

added to read as follows:

§ 165.T11–033 Safety Zone: Oceanside, CA

(a) Location. The following area

constitutes a safety zone in the

navigable waters in the vicinity of

Oceanside, CA: beginning at a point

located at latitude 33°09′87′′ N,

longitude 117°22′81′′ W; thence

northeast to a point located at latitude

33°10′14′′ N, longitude 117°22′33′′ W;

thence northwest to a point located at

latitude 33°11′49′′ N, longitude

117°23′36′′ W; thence north to a point

located at latitude 33°11′64′′ N,

longitude 117°23′36′′ W; thence

southeast to the point of the beginning.

(b) Effective Dates. This section

becomes effective at 1:30 a.m. (DST) on

May 31, 1998, and continues until 2:45

p.m. (DST) on May 31, 1998, unless

cancelled earlier by the Captain of the

Port.

(c) Regulations. In accordance with

the general regulations in § 165.23 of

this part, entry into, transit through, or

anchoring within this zone is prohibited

unless authorized by the Captain of the

Port.

Dated: 30 April 1998.

J. A. Watson,

Commander, U.S. Coast Guard, Captain of

the Port, San Diego, California.

[FR Doc. 98–14162 Filed 5–27–98; 8:45 am]

BILLING CODE 4910–15–M

LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201, 202, 203, 204 and

211

[Docket No. 98–2A]

Fees

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final regulations.

SUMMARY: The Copyright Office is

issuing final regulations for fees it

charges for special services. The Office

is initiating new fees and amending

other existing fees based on the actual

costs to the Office of providing such

services. The Office is establishing these

fees so it can more nearly recover the

costs of providing these services to the

public.

EFFECTIVE DATE: July 1, 1998.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Assistant General

Counsel, or Patricia L. Sinn, Senior

Attorney, Copyright GC/I&R, P.O. Box

70400, Southwest Station, Washington,

D.C. 20024. Telephone: (202)707–8380.

Fax: (202) 707–8366.

SUPPLEMENTARY INFORMATION:

I. Background

Section 708 of title 17, United States

Code, authorizes the Register of

Copyrights to charge fees for services

the Copyright Office provides as

described in section 708(a)(1)–(9), such

as registration, recordation, and

certification. Nonspecified fees, called

‘‘special,’’ or ‘‘discretionary’’ fees, are

addressed in section 708(a)(10). This

section authorizes an assessment for

‘‘any other special services requiring a

substantial amount of time or expense,

such fees as the Register of Copyrights

may fix on the basis of the cost of

providing the service.’’ Id.

Examples of such services include

special handling, full term storage of

deposits, and provision of services on

an expedited basis. The Office last

increased fees in 1994 to reflect costs of

performing certain services. See 58 FR

38369 (July 28, 1994).

On April 1, 1998, the Office published

a Notice of Proposed Rulemaking

(NOPR) seeking public comments on

amendments to existing fees and

establishing new fees for certain

services. See 63 FR 15802 (April 1,

1998). As described in the NOPR the

Office completed a comprehensive

economic analysis of the operating costs

involved in providing special services to

users to determine whether or not these

fees should be adjusted. Using its own
29138 Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 /Rules and Regulations

analysis, reflection on analysis done by

the Government Accounting Office, and

the results of studies conducted by

private sector consultants, the Office

determined that it must adjust fees for

special services in order to more nearly

recapture the actual costs for providing

them. It also determined that it must

charge fees for other services such as

appeals and servicing underfunded

deposit accounts.

In addition to publishing the

proposed new fee schedule in the

Federal Register, the Office made it

available online and mailed an

announcement about the proposed fee

increase to deposit account holders.

II. Comments

The Motion Picture Information

Service (MPIS) submitted the only

comment the Copyright Office received

in response to the NOPR. The

commenter asserts that the deposit

account system is inconvenient and

should be abolished and ‘‘replaced with

a simple cash, check, debit card, or

credit card system.’’ The commenter

states that this would bring the Office

into line with current business

practices, and would eliminate

inconvenience and administrative

burdens for both the public and the

Office. MPIS comment at 1.

III. Final Regulations

The Copyright Office realizes that

there are benefits for both claimants and

the Office by accepting credit cards for

payment of copyright fees. It has just

completed a two-year pilot program in

which credit cards were accepted for the

filing of claims and recording of

documents under the provisions of the

Uruguay Round Agreements Act

(URRA). Public Law 103–465; 108 Stat.

4809 (1994). It is now in the process of

evaluating the resources needed in order

to plan for implementation of a credit

card system.

The Office also believes some

customers prefer the convenience of

deposit accounts and will continue to

use them even if credit cards are

accepted. The fees on deposit accounts

will only be assessed when there are

insufficient funds in the account to

cover current requests for services. The

Office mails monthly statements to

deposit account holders notifying them

of the status of their accounts.

The Office received no comments on

any of the other proposed fees. It is

adopting the proposed fee schedule in

its entirety, effective July 1, 1998, other

than the short fee charge which will not

take effect until a date which will be

announced later.

List of Subjects

37 CFR Part 201

Copyright, General Provisions.

37 CFR Part 202

Copyright, Registration.

37 CFR Part 203

Freedom of Information Act.

37 CFR Part 204

Privacy.

37 CFR part 211

Mask work protection, Fees.

In consideration of the foregoing,

parts 201, 202, 203, 204, and 211 of 37

CFR chapter II are amended as follows:

PART 201—GENERAL PROVISIONS

1. The authority citation for part 201

continues to read as follows:

Authority: 17 U.S.C. 702.

2. Section 201.32 is amended by

revising the special services fee chart to

read as follows:

§ 201.32 Fees for Copyright Office special

services.

* * * * *

Special services Fees

1. Service charge for deposit account overdraft ......................................................................................................................................... $70

2. Service charge for dishonored deposit account replenishment check ................................................................................................... 35

3. Service charge for short fee payment ..................................................................................................................................................... 20

4. Appeals

a. First appeal ....................................................................................................................................................................................... 200

Additional claim in related group ................................................................................................................................................... 20

b. Second appeal ................................................................................................................................................................................. 500

Additional claim in related group ................................................................................................................................................... 20

5. Secure test processing charge, per hour ................................................................................................................................................ 60

6. Copying charge, first 15 pages, per page ............................................................................................................................................... 1

Each additional page ............................................................................................................................................................................ .50

7. Inspection charge .................................................................................................................................................................................... 65

8. Special handling fee for a claim .............................................................................................................................................................. 500

Each additional claim using the same deposit ............................................................................................................................................ 50

9. Special handling for recordations of a document .................................................................................................................................... 330

10. Full-term storage of deposits ................................................................................................................................................................. 365

11. Surcharge for expedited Certifications and Documents Section services

a. Additional certificates, per hour ........................................................................................................................................................ 75

b. In-process searches, per hour ......................................................................................................................................................... 75

c. Copy of assignment, per hour .......................................................................................................................................................... 75

d. Certification, per hour ....................................................................................................................................................................... 75

e. Copy of registered deposit

First hour ....................................................................................................................................................................................... 95

Each additional hour ...................................................................................................................................................................... 75

f. Copy of correspondence file

First hour ....................................................................................................................................................................................... 95

Each additional hour ...................................................................................................................................................................... 75

12. Surcharge for expedited Reference & Bibliography searches

First hour ....................................................................................................................................................................................... 125

Each additional hour ...................................................................................................................................................................... 95
Federal Register / Vol. 63, No. 102 /Thursday, May 28, 1998 /Rules and Regulations 29139

PART 202—REGISTRATION OF

CLAIMS TO COPYRIGHT

3. The authority citation for part 202

continues to read as follows:

Authority: 17 U.S.C. 702.

§ 202.23 [Amended]

4. Section 202.23(e)(1) and (2) are

amended by removing ‘‘$270.00’’ each

place it appears and adding in its place

‘‘$365.00.’’

PART 203—FREEDOM OF

INFORMATION ACT: POLICIES AND

PROCEDURES

5. The authority citation for part 203

continues to read as follows:

Authority: 17 U.S.C. 702; and 5 U.S.C.

552(a)(1).

§ 203.6 [Amended]

6. Section 203.6(b)(2) is amended by

removing ‘‘$7 for up to 15 pages and

$.45 per page over 15.’’ and adding in

its place ‘‘$15.00 for up to 15 pages and

$.50 per page over 15.’’.

PART 204—PRIVACY ACT: POLICIES

AND PROCEDURES

7. The authority citation for part 204

continues to read as follows:

Authority: 17 U.S.C. 702; and 5 U.S.C.

552(a).

§ 204.6 [Amended]

8. Section 204.6(a) is amended by

removing ‘‘$7 for up to 15 pages and

$.45 per page over 15.’’ and adding in

its place ‘‘$15.00 for up to 15 pages and

$.50 per page over 15.’’

PART 211—MASK WORK

PROTECTION

9. The authority citation for part 211

continues to read as follows:

Authority: 17 U.S.C. 702 and 908.

§ 211.3 [Amended]

10. In § 211.3(a)(1) and (2) remove

‘‘$20.00’’ each place it appears and add

in is place ‘‘$75.00.’’

11. In § 211.3(a)(7), remove ‘‘$330’’

and add in its place ‘‘$500.00.’’

Dated: May 20, 1998.

Marybeth Peters,

Register of Copyright.

Approved by:

James H. Billington,

The Librarian of Congress.

[FR Doc. 98–14086 Filed 5–27–98; 8:45 am]

BILLING CODE 1410–30–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. NHTSA–98–3870; Notice 7]

RIN 2127–AG81

Federal Motor Vehicle Safety

Standards; School Bus Pedestrian

Safety Devices

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Final Rule.

SUMMARY: The agency is amending

Standard No. 131, School Bus

Pedestrian Safety Devices, to permit the

use of additional light sources on the

surface of retroreflective stop signal

arms and to permit a certain amount of

the retroreflective surface to be obscured

by mounting hardware. It also makes

minor clarifications to the standard.

This responds to a petition from

Transpec, Inc., a maker of stop arms.

DATES: This rule will become effective

on May 28, 1998. Petitions for

reconsideration of this rule must be

received no later than July 13, 1998.

ADDRESSES: Petitions for reconsideration

should refer to the docket number and

notice number and be submitted in

writing to: Administrator, National

Highway Traffic Safety Administration,

Room 5109, 400 Seventh Street, SW,

Washington DC, 20590. Telephone:

(202) 366–5267

FOR FURTHER INFORMATION CONTACT:

For technical issues: Mr. Charles Hott,

Office of Crashworthiness Standards,

National Highway Traffic Safety

Administration, 400 Seventh Street,

SW., Washington, D.C. 20590 (202) 366–

0247.

For legal issues: Mr. Paul Atelsek,

Office of the Chief Counsel, NCC–20,

telephone (202) 366–2992, FAX (202)

366–3820.

SUPPLEMENTARY INFORMATION:

1. Background

Federal Motor Vehicle Safety

Standard No. 131, School bus

pedestrian safety devices requires each

new school bus to be equipped with a

stop signal arm. A stop signal arm is a

device, patterned after a conventional

‘‘STOP’’ sign, that automatically extends

outward from the bus to alert motorists

that a school bus is stopping or has

stopped.

To ensure the conspicuity of a stop

signal arm, Standard No. 131 specifies

that the device must either be

reflectorized or be equipped with

flashing lamps. If reflectorization is

used to comply with the standard, ‘‘the

entire surface of both sides of the stop

signal arm’’ must be reflectorized

(S5.3.1, emphasis added). NHTSA has

interpreted this language to mean that

Light Emitting Diodes (LEDs) outlining

the word ‘‘Stop’’ on the stop arm blade

would not be permitted under the

reflectorization option because LEDs do

not meet the requirements for

reflectorized material.

Transpec, Inc. (Transpec) submitted a

petition for rulemaking requesting that

S5.3.1 of the standard be amended to

allow the use of LEDs on stop signal

arms. The petition sought to amend the

section to permit red LEDs on the

surface of the stop arm that are

‘‘contained within a light channel not

greater than 10mm (.394 inches) wide

centered within the stroke width of each

letter.’’ Under the requested

amendment, the minimum stroke width

of letters containing LEDs would be

increased from 20 mm (0.79 inches) to

25 mm (0.8984 inches). The LEDs would

be required to flash at the rate specified

for stop arm lamps conforming to

S5.3.2. The petition also sought to

permit a percentage of the surface area

of the stop arm to be obscured by

mounting brackets and other necessary

components, with the aggregate area

obscured by the LEDs and other

components not to exceed 7.5 percent of

the surface area of the stop arm.

2. The Notice of Proposed Rulemaking

(NPRM)

On August 6, 1997, the agency

published a NPRM proposing to amend

the standard in most ways as requested

by Transpec. It proposed to permit light

to be emitted ‘‘from the surface of each

letter or from the area immediately

surrounding each letter’’ in the legend

‘‘STOP.’’ Lamps on the surface of the

letter would have to be located on the

centerline of each letter, or outline each

letter of the legend. The lamps on the

surface of the stop arm would have to

flash in the same manner as specified

for the lamps in non-reflectorized stop

arms. The net stroke width (i.e., the

stroke width minus the width of the

legend lamps) of each letter containing

lamps was proposed to be at least 15

mm, to assure that an acceptable

amount of white letter reflectorized

surface would be provided.

Rather than limit the permitted light

sources to LEDs, the agency was more

flexible than requested, proposing to

permit almost any type of light source

in the legend lamps. It proposed to

permit white lamps as well as red

lamps, but not both colors

simultaneously, on the assumption that