Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices 41599

least the same measure of protection as

would the mandatory standard.

15. Dandy Mining Company, Inc.

[Docket No. M–98–52–C]

Dandy Mining Company, Inc., P.O.

Box 917, Gilbert, West Virginia 25621

has filed a petition to modify the

application of 30 CFR 75.364(a)(1) and

(b)(2) (weekly examination) to its No. 1

Mine (I.D. No. 46–08307) located in

Logan County, West Virginia. The

petitioner requests temporary

modification of the standard to the

extent that complying with the standard

would put an examiner in an unsafe

situation when traveling certain areas of

the return air course due to deteriorating

roof and conditions. The petitioner

intends to mine parallel and mine into

the affected area in approximately 6

months and seal the area according to

MSHA requirements and West Virginia

State Law. The petitioner proposes to

establish evaluation points to monitor

movement of air going into and

returning from the affected area. The

petitioner states that if the affected area

is sealed according to MSHA

requirement, when mining into the

affected area, the West Virginia Law

would require mine rescue teams to be

present and operate equipment under

oxygen to mine into sealed areas which

would create a hazard to the miners.

The petitioner asserts that the proposed

alternative method would provide at

least the same measure of protection as

would the mandatory standard.

16. Chemical Lime Company

[Docket No. M–98–02–M]

Chemical Lime Company, P.O. Box

479, Montevallo, Alabama 35115 has

filed a petition to modify the

application of 30 CFR 56.6306 (loading,

blasting, and security) to its O’Neal

Quarry (I.D. No. 01–00003) located in

Shelby County, Alabama. The petitioner

proposes to load explosives to within

one hole of the hole being drilled during

the drilling cycle of overburden

removal. The petitioner asserts that

application of the standard as it applies

to the overburden blasting at the O’Neal

Quarry will create a diminution of

safety to the miners and to the drilling

and blasting contractors. In addition, the

petitioner asserts that the proposed

alternative method would provide at

least the same measure of protection as

would the mandatory standard.

17. Climax Molybdenum Company

[Docket No. M–98–03–M]

Climax Molybdenum Company, One

Oxford Centre, 301 Grant Street, 20th

Floor, Pittsburgh, Pennsylvania 15219

has filed a petition to modify the

application of 30 CFR 57.12016 (work

on electrically powered equipment) to

its Henderson Mine (I.D. No. 05–00790)

located in Clear Creek County,

Colorado. The petitioner requests a

modification of the standard to permit

an alternative method of compliance

with the requirements for lockout of

equipment. The petitioner proposes to

perform all lockout steps in the crusher

control room except the lockout of the

conveyor belt pullcord; to have the

crusher operator remotely open two

power contactor/breakers for each drive

motor, turn the VFC off and disable all

local control power for these contactor/

breakers, and have an auxiliary

contactor on each breaker or contactor

that would indicate whether each

device has opened; to disable the mill

operator control and the potential

network control hardware; to have

persons desiring a lockout to activate a

pullcord switch and lock the switch

with a lockout lock; to give an

indication to the crusher operator that

the last pullcord switch has been

deactivated; to have the crusher

operator try to start the belt to ensure

that starting the belt system is not

possible before declaring the belt system

locked out; and to have the crusher

operator physically guard the PLC in the

control room or lock the control room

with a lockout lock. The petitioner

asserts that the proposed alternative

method would provide at least the same

measure of protection as would the

mandatory standard.

Request for Comments

Persons interested in these petitions

are encouraged to submit comments via

e-mail to ‘‘comments@msha.gov’’, or on

a computer disk along with an original

hard copy to the Office of Standards,

Regulations, and Variances, Mine Safety

and Health Administration, 4015

Wilson Boulevard, Room 627,

Arlington, Virginia 22203. All

comments must be postmarked or

received in that office on or before

September 3, 1998. Copies of these

petitions are available for inspection at

that address.

Dated: July 27, 1998.

Patricia W. Silvey,

Director, Office of Standards, Regulations,

and Variances.

[FR Doc. 98–20763 Filed 8–3–98; 8:45 am]

BILLING CODE 4510–43–P

LIBRARY OF CONGRESS

Copyright Office

[Docket No. RM 98–6]

Cable Compulsory License: Specialty

Station List

AGENCY: Copyright Office, Library of

Congress.

ACTION: Request for information.

SUMMARY: The Copyright Office is

compiling a new specialty station list to

identify commercial television

broadcast stations which, according to

their owners, qualify as specialty

stations for purposes of the former

distant signal carriage rules of the

Federal Communications Commission

(FCC). Lists were published in 1990 and

in 1995, at which time we stated that

the specialty station list would be

revised approximately every three years.

Accordingly, the Copyright Office is

again requesting all interested owners of

television broadcast stations that qualify

as specialty stations, including those

that previously filed affidavits, to

submit sworn affidavits to the Copyright

Office stating that the programming of

their stations meets certain

requirements under the FCC regulations

in effect on June 24, 1981.

DATES: Affidavits should be received on

or before October 5, 1998.

ADDRESSES: If sent by mail, submit the

sworn affidavit to: David O. Carson,

General Counsel, Copyright GC/I&R,

P.O. Box 70400, Southwest Station,

Washington, DC 20024. If hand

delivered, bring the document to: Office

of the General Counsel, U.S. Copyright

Office, James Madison Memorial

Building, Room LM–403, First and

Independence Avenue, SE.,

Washington, DC 20559–6000.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel, or

Tanya M. Sandros, Attorney Advisor,

Copyright GC/I&R, P.O. Box 70400,

Southwest Station, Washington, DC

20024. Telephone (202) 707–8380 or

Telefax (202) 707–8366.

SUPPLEMENTARY INFORMATION:

Why Would a Broadcast Station Seek

Specialty Station Status?

Specialty station status is significant

in the administration of the cable

compulsory license. 17 U.S.C. 111. The

licensing system indirectly allows a

cable operator to carry the signal of a

television station classified as a

specialty station at the base rate for

‘‘permitted’’ signals. See 49 FR 14944

(April 16, 1984); 37 CFR 256.2(c).
41600 Federal Register / Vol. 63, No. 149 /Tuesday, August 4, 1998 / Notices

1Originally, the FCC identified whether a station

qualified as a specialty station, but after it deleted

its distant signal carriage rules, it discontinued this

practice. See Malrite T.V. of New York v. FCC, 652

F2d 1140 (2d Cir. 1981), cert. denied, 454 U.S. 1143

(1982).

What is a Specialty Station?

The FCC regulations in effect on June

24, 1981, defined a specialty station as

‘‘a commercial television broadcast

station that generally carries foreignlanguage, religious, and/or automated

programming in one-third of the hours

of an average broadcast week and onethird of the weekly prime-time hours.’’

47 CFR 76.5(kk) (1981).

How is a Station Deemed To Be a

Specialty Station? 1

Under a procedure adopted by the

Copyright Office in 1989, see 54 FR

38461 (September 18, 1989), an owner

or licensee of a broadcast station files a

sworn affidavit attesting that the

station’s programming comports with

the 1981 FCC definition, and hence,

qualifies as a specialty station. A list of

the stations filing affidavits is then

published in the Federal Register in

order to allow any interested party to

file an objection to an owner’s claim of

specialty station status for the listed

station. Once the period to file

objections closes, we publish a final list

which includes references to the

specific objections filed against a

particular station owner’s claim. In

addition, affidavits that are submitted

after the close of the filing period are

accepted and kept on file at the

Copyright Office.

The staff of the Copyright Office,

however, does not verify the specialty

station status of any station listed in an

affidavit.

How Does the Staff of the Copyright

Office Use the List?

Copyright Office licensing examiners

refer to the final annotated list in

examining a statement of account where

a cable system operator claims that

particular stations are specialty stations.

If a cable system operator claims

specialty station status for a station not

on the final list, the examiner

determines whether the owner of the

station has filed an affidavit since

publication of the list.

How Often Has the Copyright Office

Published Specialty Station Lists?

The Copyright Office compiled and

published its first specialty station list

in 1990, together with an announcement

of its intention to update the list

approximately every three years in order

to maintain as current a list as possible.

55 FR 40021 (October 1, 1990). Its

second list was published in 1995. 60

FR 34303 (June 30, 1995). With this

notice, the Copyright Office is initiating

the procedure for the compilation and

publication of the third specialty station

list.

Does This Notice Require Action on the

Part of an Owner of a Television

Broadcast Station?

Yes, we are requesting that the owner,

or a valid agent of the owner, of any

eligible television broadcast station

submit an affidavit to the Copyright

Office stating that he or she believes that

the station qualifies as a specialty

station under 47 CFR 76.5(kk) (1981),

the FCC’s former rule defining

‘‘specialty station.’’ The affidavit must

be certified by the owner or an official

representing the owner.

Affidavits are due within 60 days of

the publication of this notice in the

Federal Register. There is no specific

format for the affidavit; however, the

affidavit must confirm that the station

owner believes that the station qualifies

as a specialty station under the 1981

FCC rule.

Notwithstanding the above, any

affidavit submitted to the Copyright

Office within the 45-day period prior to

publication of this notice need not be

resubmitted to the Office. Any affidavit

filed during this 45-day period shall be

considered timely filed for purposes of

this notice.

What Happens After the Affidavits Are

Filed With the Copyright Office?

Once the period for filing the

affidavits closes, we will compile and

publish in the Federal Register a list of

the stations identified in the affidavits.

At the same time, we will solicit

comment from any interested party as to

whether or not particular stations on the

list qualify as specialty stations.

Thereafter, a final list of the specialty

stations that includes references to any

objections filed to a station’s claim will

be published in the Federal Register.

In addition, affidavits that, for good

cause shown, are submitted after the

close of the filing period will be

accepted and kept on file at the

Copyright Office. Affidavits received in

this manner will be accepted with the

understanding that the owners of those

stations will resubmit affidavits when

the Office next formally updates the

specialty station list. An interested party

may file an objection to any late-filed

affidavit. Such objections shall be kept

on file in the Copyright Office together

with the corresponding affidavit.

Dated: July 28, 1998.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 98–20737 Filed 8–3–98; 8:45 am]

BILLING CODE 1410–30–P

NUCLEAR REGULATORY

COMMISSION

[Docket No. 50–440]

Notice of Consideration of Approval of

Transfer of License and Issuance of

Amendment to Facility Operating

License, Proposed No Significant

Hazards Consideration Determination,

and Opportunity for a Hearing; The

Cleveland Electric Illuminating

Company, Centerior Service Company,

Duquesne Light Company, Ohio

Edison Company, OES Nuclear, Inc.,

Pennsylvania Power Company, Toledo

Edison Company

The U.S. Nuclear Regulatory

Commission (the Commission) is

considering the issuance of an order

under 10 CFR 50.80 approving the

transfer of Facility Operating License

No. NPF–58 issued to The Cleveland

Electric Illuminating Company,

Centerior Service Company, Toledo

Edison Company, Ohio Edison

Company, Pennsylvania Power

Company, OES Nuclear, Inc., and

Duquesne Light Company (the

licensees) with respect to operating

authority thereunder for the Perry

Nuclear Power Plant, Unit No.1, located

in Lake County, Ohio, and considering

issuance of a conforming amendment

under 10 CFR 50.90.

The proposed transfer of operating

authority under the license would

authorize a new operating company,

called the FirstEnergy Nuclear

Operating Company, to use and operate

the Perry Nuclear Power Plant and to

possess and use related licensed nuclear

materials in accordance with the same

conditions and authorizations included

in the current operating license. The

FirstEnergy Nuclear Operating Company

would be formed by FirstEnergy

Corporation, the corporate parent of the

licensees except for Duquesne Light

Company, to become the licensed

operator for the Perry Nuclear Power

Plant and would have exclusive control

over the operation and maintenance of

the facility. The license would be

amended to reflect the transfer of

authority under the license. After

issuance of the transfer order and

conforming license amendment, the

owners of the facility will be authorized

only to possess the facility and