30634 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 /Rules and Regulations

protection of all vessels and the

fireworks handlers aboard the barges.

Regulatory Evaluation

This final rule 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 not been reviewed 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 (DOT)

(44 FR 11040, February 26, 1979). The

Coast Guard expects the economic

impact of this final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. This safety zone

temporarily closes a major portion of the

East River to vessel traffic. There is a

regular flow of traffic through this area;

however, the impact of this regulation is

expected to be minimal for the

following reasons: The limited duration

of the event; the extensive, advance

advisories that will be made to allow the

maritime community to schedule

transits before and after the event; the

event is taking place at a late hour; the

event has been held for twenty-one

years in succession and is therefore

anticipated annually, small businesses

may experience an increase in revenue

due to the event, the event sponsor has

established and advertised a telephone

‘‘hotline’’ at (212) 494–3558 which

waterways users may call prior to the

event for details of the safety zone.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq,), the Coast Guard

considered whether this rule will have

a significant economic impact on a

substantial number of small entities.

‘‘Small entities’’ include small

businesses, not-for-profit organizations

that are independently owned and

operated and are not dominant in their

fields, and governmental jurisdictions

with populations of less than 50,000.

For reasons discussed in the

Regulatory Evaluation above, the Coast

Guard certifies under section 605(b) of

the Regulatory Flexibility Act (5 U.S.C.

et seq.) that this final rule will not have

a significant economic impact on a

substantial number of small entities.

Collection of Information

This final rule does not provide for a

collection of information under the

Paperwork Reduction Act of 1995 (44

U.S.C. information under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

Federalism

The Coast Guard has analyzed this

final rule under the principles and

criteria contained in Executive Order

12612 and has determined that this final

rule does not have sufficient

implications for federalism to warrant

the preparation of a Federalism

Assessment.

Environment

The Coast Guard has considered the

environmental impact of this final rule

and concluded that under Figure 2–1,

paragraph 34(g), of Commandant

Instruction M16475.1C, this final rule is

categorically excluded from further

environmental documentation. A

‘‘Categorical Exclusion Determination’’

is available in the docket for inspection

or copying where indicted under

ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation

(water), Reporting and recordkeeping

requirements, Security measures,

Waterways.

Regulation

For the reasons discussed in the

preamble, the Coast Guard amends 33

part 165 as follows:

PART 165—[AMENDED]

1. The authority citation for 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. Add temporary § 165.T01–014 to

read as follows:

§ 165.T01–014 Safety Zone: Macy’s Fourth

of July Fireworks, East River, New York.

(a) Location. The following area is a

safety zone: all waters of the East River,

north of the Brooklyn Bridge, and south

of a line drawn from Lawrence Point

(40°47′27′′ N 073°54′35′′ W NAD 1983)

to Stony Point (40°47′48′′ N 073°54′42′′

W NAD 1983), and south of the Harlem

River Foot Bridge, New York. This

safety zone area also inlcudes all waters

of Newtown Creek west of the Pulaski

Bascule Bridge.

(b) Effective period. This section is

effective from 7:30 p.m. until 11:30 p.m.

on Saturday July 4, 1998.

(c) Regulations. (1) the general

regulations contained in 33 CFR 165.23

apply.

(2) No vessels will be allowed to

transit the safety zone without the

permission of the Captain of the Port

New York.

(3) Vessels may remain in the safety

zone for the purpose of viewing the

event in acordance with the following

preestablished viewing areas:

(i) Vessels less than 20 meters (65.6

feet) in length, carrying persons for the

purpose of viewing the fireworks, may

take position in the northern area of the

zone, north of the southern tip of

Roosevelt Island, and in the southern

area of the zone, south of the

Williamsburg Bridge, and in Newtown

Creek, east of the Pulaski Bascule

Bridge.

(ii) Vessels equal to or greater than 20

meters (65.6 feet) in length, carrying

persons for the purpose of viewing the

fireworks, may take position in an area

at least 200 yards off the bulkhead on

the west bank and just off the pierhead

faces on the east bank of the East River

between the Williamsburg Bridge and a

line drawn from East 15th Street,

Manhattan, to a point due east on the

Brooklyn shore at the north corner of

the Bushwick Inlet entrance.

(iii) Vessels must be positioned in

their respective viewing areas within

the safety zone not later than 7:30 p.m.

(4) All persons and vessels shall

comply with the instructions of the

Coast Guard Captain of the Port or the

designated on scene patrol personnel.

U.S. Coast Guard patrol personnel

include commissioned, warrant, and

petty officers of the Coast Guard. Upon

being hailed by a U.S. Coast Guard

vessel via siren, radio, flashing light, or

other means, the operator of a vessel

shall proceeed as directed.

Dated: May 29, 1998.

Richard C. Vlaun,

Captain, U.S. Coast Guard, Captain of the

Port, New York.

[FR Doc. 98–15033 Filed 6–4–98; 8:45 am]

BILLING CODE 4910–15–M

LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201, 251, 252, 253, 256,

257, 258, 259 and 260

Copyright Rules and Regulations:

Copyright, Compulsory Licenses,

Copyright Arbitration Royalty Panel

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final rule; technical

amendments.

SUMMARY: The Copyright Office is

making non-substantive housekeeping

amendments to its regulations to update

them and to correct minor errors.

EFFECTIVE DATE: June 5, 1998.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Assistant General
Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 /Rules and Regulations 30635

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

70400, Southwest Station, Washington,

DC 20024. Telephone: (202) 707–8380.

Telefax: (202) 707–8366.

SUPPLEMENTARY INFORMATION: The

Copyright Office periodically reviews its

regulations as published in the Code of

Federal Regulations (CFR) to correct

minor or typographical errors in the

published text. The Office has identified

minor errors in the currently published

rules. The following sections are

amended to correct these errors:

§§ 201.17(b)(2), 201.17(f)(4),

201.17(h)(3)(iii)(B)(1), 201.17(h)(9),

201.18(a)(3), 201.19(a)(3), 201.33(e)(1),

251.6(a), 251.30(a)(1), 251.32(d),

251.43(e), 251.46(c)(3), 251.46(d),

251.47(e), 251.47(f), 251.47(i), 251.47(k),

251.48(b), 251.60, 253.7(e), 256.2(b)(2),

258.1, and 260.3(e). Typographical

errors are corrected in §§ 201.11(e)(3),

201.17(e)(2)(i), 201.17(e)(12),

201.29(e)(3), 251.3(a), 251.3(b),

252.4(a)(1), 257.4(a)(1), and 259.5(a)(1).

List of Subjects

37 CFR Part 201

Copyright, General provisions.

37 CFR Part 251

Administrative practice and

procedure, Hearing and appeal

procedures.

37 CFR Part 252

Cable television, Claims, Copyright.

37 CFR Part 253

Noncommercial educational

broadcasting, Copyright.

37 CFR Part 256

Cable television, Copyright.

37 CFR Part 257

Claims, Copyright, Satellites.

37 CFR Part 258

Copyright, Satellites.

37 CFR Part 259

Claims, Copyright, Digital audio

recording devices and media.

37 CFR Part 260

Copyright, Digital audio

transmissions, Performance right, Sound

recordings.

Final Rule

Accordingly, 37 CFR Chapter II is

corrected by making the following

corrections and amendments:

PART 201—GENERAL PROVISIONS

1. The authority citation for part 201

continues to read as follows:

Authority: 17 U.S.C. 702.

§ 201.11 [Amended]

2. Section 201.11(e)(3) is amended by

removing ‘‘super station’’ and adding in

its place the word ‘‘superstation’’.

§ 201.17 [Amended]

3. Section 201.17(b)(2) is amended by

removing the phrase ‘‘these regulations’’

each place it appears and adding in its

place the phrase ‘‘this section’’.

4. Section 201.17(e)(2)(i) is amended

by removing ‘‘The ≥owner≤ of the cable

system * * *’’ and adding in its place

‘‘The ‘owner’ of the cable

system. * * *’’.

5. Section 201.17(e)(12) is amended

by removing ‘‘broadast’’ and adding in

its place the word ‘‘broadcast’’.

6. Section 201.17(f)(4) is amended by

adding the word ‘‘to’’ after the word

‘‘off’’ the last time it appears in the

paragraph.

7. Section 201.17(h)(3)(iii)(B)(1) is

amended by adding the word ‘‘a’’ before

the word ‘‘cable’’ the first time it

appears.

8. Section 201.17(h)(9) introductory

text is amended by removing ‘‘37 CFR

308.2(c)’’ and adding in its place ‘‘37

CFR 256.2(c)’’.

§ 201.18 [Amended]

9. Section 201.18(a)(3) is amended by

removing ‘‘coowners’’ and adding the

word ‘‘co-owners’’ in its place.

§ 201.19 [Amended]

10. Section 201.19(a)(3) is amended

by removing ‘‘coowner’’ each place it

appears and adding the word ‘‘coowner’’ in its place and by removing

‘‘coowners’’ each place it appears and

adding the word ‘‘co-owners’’ in its

place.

§ 201.29 [Amended]

11. Section 201.29(e)(3) is amended

by removing the word ‘‘room’’ and

adding ‘‘Room’’ in its place.

§ 201.33 [Amended]

12. Section 201.33(e)(1) is amended

by removing the ‘‘$’’ and adding the

phrase ‘‘U.S. dollars’’ after the numeral

‘‘32’’.

PART 251—COPYRIGHT

ARBITRATION ROYALTY PANEL

RULES OF PROCEDURE

13. The authority citation for part 251

continues to read as follows:

Authority: 17 U.S.C. 801–803.

§ 251.3 [Amended]

14. Section 251.3(a) introductory text

is amended by removing the date

‘‘1988’’ and adding in its place the date

‘‘1998’’.

15. Section 251.3(b) is amended by

removing the date ‘‘1988’’ and adding in

its place ‘‘1998’’.

§ 251.6 [Amended]

16. Section 251.6(b) is amended by

removing the numeral ‘‘10’’ and adding

in its place the word ‘‘ten’’.

§ 251.30 [Amended]

17. Section 251.30(a)(1) is amended

by removing the word ‘‘panel’’ after the

word ‘‘CARP’’.

§ 251.32 [Amended]

18. Section 251.32(d) is amended by

removing the word ‘‘panel’’ after the

word ‘‘CARP’’.

§ 251.43 [Amended]

19. Section 251.43(e) is amended by

removing the word ‘‘panel’’ after the

word ‘‘CARP’’.

§ 251.46 [Amended]

20. Sections 251.46(c)(3) and (d) are

amended by removing the word ‘‘panel’’

after the word ‘‘CARP’’.

§ 251.47 [Amended]

21. Sections 251.47(e), (f), (i), and (k)

are amended by removing the word

‘‘panel’’ after the word ‘‘CARP’’.

§ 251.48 [Amended]

22. Section 251.48(b) is amended by

removing the word ‘‘panel’’ after the

word ‘‘CARP’’.

§ 251.60 [Amended]

23. Section 251.60 is amended by

removing the word ‘‘transmission’’ and

adding in its place the word

‘‘transmissions’’.

PART 252—FILING OF CLAIMS TO

CABLE ROYALTY FEES

24. The authority citation for part 252

continues to read as follows:

Authority: 17 U.S.C. 111(d)(4), 801, 803.

§ 252.4 [Amended]

25. Section 252.4(a)(1) is amended by

removing the word ‘‘room’’ and adding

‘‘Room’’ in its place.

PART 253—USE OF CERTAIN

COPYRIGHTED WORKS IN

CONNECTION WITH

NONCOMMERCIAL EDUCATIONAL

BROADCASTING

26. The authority citation for part 253

continues to read as follows:

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

803.

§ 253.7 [Amended]

27. The heading for § 253.7(e) is

amended by removing the phrase
30636 Federal Register / Vol. 63, No. 108 / Friday, June 5, 1998 /Rules and Regulations

‘‘Copyright Arbitration Royalty Panel

and/or Librarian of Congress.’’ and

adding in its place ‘‘the Copyright

Office.’’

28. Section 253.7(e) is amended by

removing the word ‘‘CRT’’ each place it

appears and adding in its place

‘‘Copyright Office’’.

PART 256—ADJUSTMENT OF

ROYALTY FEE FOR CABLE

COMPULSORY LICENSE

29. The authority citation for part 256

continues to read as follows:

Authority: 17 U.S.C. 702, 802.

§ 256.2 [Amended]

30. Section 256.2(b)(2) is amended by

removing the word ‘‘basis’’ before the

word ‘‘service’’ and adding in its place

the word ‘‘basic’’ and by removing the

word ‘‘that’’ after the word ‘‘more’’ and

adding in its place the word ‘‘than’’.

PART 257—FILING OF CLAIMS TO

SATELLITE CARRIER ROYALTY FEES

31. The authority citation for part 257

continues to read as follows:

Authority: 17 U.S.C. 119(b)(4).

§ 257.4 [Amended]

32. Section 257.4(a)(1) is amended by

removing the word ‘‘room’’ and adding

‘‘Room’’ in its place.

PART 258—ADJUSTMENT OF

ROYALTY FEE FOR SECONDARY

TRANSMISSIONS BY SATELLITE

CARRIERS

33. The authority citation for part 258

continues to read as follows:

Authority: 17 U.S.C. 702, 802.

§ 258.1 [Amended]

34. Section 258.1 is amended by

adding the word ‘‘the’’ after the word

‘‘under’’.

PART 259—FILING OF CLAIMS TO

DIGITAL AUDIO RECORDING DEVICES

AND MEDIA ROYALTY PAYMENTS

35. The authority citation for part 259

continues to read as follows:

Authority: 17 U.S.C. 1007(a)(1).

§ 259.5 [Amended]

36. Section 259.5(a)(1) is amended by

removing the word ‘‘room’’ and adding

‘‘Room’’ in its place.

PART 260—USE OF SOUND

RECORDINGS IN A DIGITAL

PERFORMANCE

37. The authority citation for part 260

continues to read as follows:

Authority: 17 U.S.C. 114, 801(b)(1).

§ 260.3 [Amended]

38. Section 260.3(e) is amended by

removing the word ‘‘accounts’’ after the

word ‘‘of’’ and adding in its place the

word ‘‘account’’.

Dated: June 1, 1998.

Marilyn J. Kretsinger,

Assistant General Counsel.

[FR Doc. 98–14824 Filed 6–4–98; 8:45 am]

BILLING CODE 1410–33–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 180

[OPP–300664; FRL–5793–6]

RIN 2070–AB78

Azoxystrobin; Pesticide Tolerances for

Emergency Exemptions

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Final rule.

SUMMARY: This regulation establishes a

time-limited tolerance for combined

residues of azoxystrobin or methyl (E)-

2-(2-[6-(2-cyanophenoxy)pyrimidin-4-

yloxy]phenyl)-3-methoxyacrylate) and

its Z isomer in or on parsley . This

action is in response to EPA’s granting

of an emergency exemption under

section 18 of the Federal Insecticide,

Fungicide, and Rodenticide Act

authorizing use of the pesticide on

parsley in Ohio. This regulation

establishes maximum permissible levels

for residues of azoxystrobin in this food

commodity pursuant to section 408(l)(6)

of the Federal Food, Drug, and Cosmetic

Act, as amended by the Food Quality

Protection Act of 1996. The tolerance

will expire and is revoked on June 30,

1999.

DATES: This regulation is effective June

5, 1998. Objections and requests for

hearings must be received by EPA on or

before August 4, 1998.

ADDRESSES: Written objections and

hearing requests, identified by the

docket control number, [OPP–300664],

must be submitted to: Hearing Clerk

(1900), Environmental Protection

Agency, Rm. M3708, 401 M St., SW.,

Washington, DC 20460. Fees

accompanying objections and hearing

requests shall be labeled ‘‘Tolerance

Petition Fees’’ and forwarded to: EPA

Headquarters Accounting Operations

Branch, OPP (Tolerance Fees), P.O. Box

360277M, Pittsburgh, PA 15251. A copy

of any objections and hearing requests

filed with the Hearing Clerk identified

by the docket control number, [OPP–

300664], must also be submitted to:

Public Information and Records

Integrity Branch, Information Resources

and Services Division (7502C), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. In person, bring

a copy of objections and hearing

requests to Rm. 119, CM #2, 1921

Jefferson Davis Hwy., Arlington, VA.

A copy of objections and hearing

requests filed with the Hearing Clerk

may also be submitted electronically by

sending electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Copies of

objections and hearing requests must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Copies of objections and

hearing requests will also be accepted

on disks in WordPerfect 5.1/6.1 file

format or ASCII file format. All copies

of objections and hearing requests in

electronic form must be identified by

the docket control number [OPP–

300664]. No Confidential Business

Information (CBI) should be submitted

through e-mail. Electronic copies of

objections and hearing requests on this

rule may be filed online at many Federal

Depository Libraries.

FOR FURTHER INFORMATION CONTACT: By

mail: Virginia Dietrich, Registration

Division (7505C), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location, telephone

number, and e-mail address: Crystal

Mall #2, 1921 Jefferson Davis Hwy.,

Arlington, VA, (703) 308-9359, e-mail:

dietrich.virginia@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA, on

its own initiative, pursuant to section

408(e) and (l)(6) of the Federal Food,

Drug, and Cosmetic Act (FFDCA), 21

U.S.C. 346a(e) and (l)(6), is establishing

a tolerance for combined residues of the

fungicide azoxystrobin and its Z isomer,

in or on fresh parsley at 0.5 and dried

parsley at 1.0 part per million (ppm).

This tolerance will expire and is

revoked on June 30, 1999. EPA will

publish a document in the Federal

Register to remove the revoked

tolerance from the Code of Federal

Regulations.

I. Background and Statutory Authority

The Food Quality Protection Act of

1996 (FQPA) (Pub. L. 104–170) was

signed into law August 3, 1996. FQPA

amends both the FFDCA, 21 U.S.C. 301

et seq., and the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA), 7 U.S.C. 136 et seq . The FQPA

amendments went into effect

immediately. Among other things,

FQPA amends FFDCA to bring all EPA

pesticide tolerance-setting activities