22140 Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Proposed Rules

requires that if the termination is made

under section 304(d), the notice should

provide a statement to that effect. Most

of the notices of termination made

under section 304(d) which have been

received in this Office already contain

such a statement. Inclusion of this

requirement in the regulation appears to

be a logical addition and would provide

clarity to the notice. No corresponding

requirement has been imposed in

notices of termination issued under

section 304(c) because such a

requirement would upset established

practices in issuing notices under that

section.

The second substantive change adds a

new § 201.10(b)(vi) requiring notices

issued under section 304(d) to contain

a statement ‘‘that the rights in the

extended renewal term which are being

terminated have not been subject to a

previous termination.’’ This is a

statutory requirement imposed in

section 304(d). Incorporating the

requirement as part of the contents

helps ensure that second notices of

termination covering the same rights

already terminated by a previous notice

will not be served and recorded. This

provision is not intended to preclude

one joint author who has not previously

exercised his termination right from

terminating, even in cases where other

joint authors have exercised such rights.

Section 304(c) permits joint authors to

exercise their termination rights

separately. H.R. Rep. No. 94–1476, at

141 (1976).

The Copyright Office seeks public

comment on these two proposed

substantive additions to the required

content of the notice of termination. The

Copyright Office does not propose that

the two new requirements be applied to

notices already issued or to those issued

before the proposed regulation is

adopted in final form. If the two

requirements are adopted in the final

regulation, they are intended to be

treated as requirements only after the

effective date of the final regulation.

List of Subjects in 37 CFR Part 201

Copyright.

Proposed Regulations

In consideration of the foregoing, the

Copyright Office proposes to amend part

201 of 37 CFR, chapter II in the manner

set forth below:

PART 201—GENERAL PROVISIONS

1. The authority citation for part 201

continues to read as follows:

Authority: 17 U.S.C. 702; § 201.10 is also

issued under 17 U.S.C. 304.

§ 201.4 [Amended]

2. Amend § 201.4(a)(1)(v) by adding

‘‘and (d)’’ after ‘‘304(c)’’.

3. Section 201.10 is amended as

follows:

a. by adding introductory text before

paragraph (a);

b. by revising paragraphs (c)(2), (d)(2),

(d)(4) and (e);

c. by redesignating paragraphs (b)(1)(i)

through (v) as (b)(1)(ii) through (v) and

(vii), respectively; and

d. by adding new paragraphs (b)(1)(i)

and (b)(1)(vi). The revisions and

additions to § 201.10 read as follows:

§ 201.10 Notices of termination of

transfers and licenses covering extended

renewal term.

This section covers notices of

termination of transfers and licenses

covering the extended renewal term

under sections 304(c) and 304(d) of title

17, U.S.C.

* * * * *

(b) * * *

(1) * * *

(i) If the termination is made under

section 304(d), a statement to that effect;

* * * * *

(vi) If termination is made under

section 304(d), a statement that the

rights which are being terminated have

not been subject to a previous

termination pursuant to section 304;

and

* * * * *

(c) * * *

(2) In the case of a termination of a

grant executed by one or more of the

authors of the work, the notice as to any

one author’s share shall be signed by

that author or by his or her duly

authorized agent. If that author is dead,

the notice shall be signed by the number

and proportion of the owners of that

author’s termination interest required

under section 304(c) or section 304(d),

whichever applies, of title 17, U.S.C., or

by their duly authorized agents, and

shall contain a brief statement of their

relationship or relationships to that

author.

* * * * *

(d) * * *

(2) The service provision of either

section 304(c) or section 304(d) of title

17, U.S.C., whichever applies, will be

satisfied if, before the notice of

termination is served, a reasonable

investigation is made by the person or

persons executing the notice as to the

current ownership of the rights being

terminated, and based on such

investigation:

(i) If there is no reason to believe that

such rights have been transferred by the

grantee to a successor in title, the notice

is served on the grantee; or

(ii) If there is reason to believe that

such rights have been transferred by the

grantee to a particular successor in title,

the notice is served on such successor

in title.

* * * * *

(4) Compliance with the provisions of

paragraphs (d)(2) and (3) of this section

will satisfy the service requirements of

either section 304(c) or section 304(d) of

title 17, U.S.C., whichever applies.

However, as long as the statutory

requirements have been met, the failure

to comply with the regulatory

provisions of paragraph (d)(2) or (d)(3)

of this section will not affect the validity

of the service.

(e) Harmless errors. (1) Harmless

errors in a notice that do not materially

affect the adequacy of the information

required to serve the purposes of either

section 304(c) or section 304(d) of title

17, U.S.C., whichever applies, shall not

render the notice invalid.

(2) Without prejudice to the general

rule provided by paragraph (e)(1) of this

section, errors made in giving the date

or registration number referred to in

paragraph (b)(1)(iii) of this section, or in

complying with the provisions of

paragraph (b)(1)(vii) of this section, or in

describing the precise relationships

under paragraph (c)(2) of this section,

shall not affect the validity of the notice

if the errors were made in good faith

and without any intention to deceive,

mislead, or conceal relevant

information.

* * * * *

4. Amend the new § 201.10(b)(1)(vii)

by removing ‘‘paragraph (v)’’ and adding

‘‘paragraph (vii)’’.

Dated: April 26, 2001.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 01–11152 Filed 5–2–01; 8:45 am]

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA143–4115b; FRL–6973–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Commonwealth of Pennsylvania;

Reasonably Available Control

Technology Requirements for Volatile

Organic Compounds and Nitrogen

Oxides

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Proposed Rules 22141

SUMMARY: EPA is proposing to remove

the conditional status of its approval of

the Commonwealth of Pennsylvania

State Implementation Plan (SIP)

revision that requires all major sources

of volatile organic compounds (VOC)

and nitrogen oxides ( NOX) to

implement reasonably available control

technology (RACT). In the ‘‘Rules and

Regulations’’ section of this Federal

Register, EPA is removing the

conditional nature of its approval of the

Commonwealth’s SIP revision as a

direct final rule without prior proposal

because the Agency views this as a

noncontroversial submittal and

anticipates no adverse comments. The

rationale for removing the conditional

status of EPA’s approval is set forth in

the direct final rule. If EPA receives no

adverse comments, EPA will not take

further action on this proposed rule. If

EPA receives adverse comments, EPA

will withdraw the direct final rule and

it will not take effect. EPA will address

all public comments in a subsequent

final rule based on this proposed rule.

EPA will not institute a second

comment period on this action. Any

parties interested in commenting on this

action should do so at this time.

DATES: Comments must be received in

writing by June 4, 2001.

ADDRESSES: Written comments should

be addressed to David L. Arnold, Chief,

Air Quality Planning and Information

Services Branch, Mailcode 3AP21, U.S.

Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103.

Copies of the documents relevant to this

action are available for public

inspection during normal business

hours at the Air Protection Division,

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103, and

the Pennsylvania Department of

Environmental Resources Bureau of Air

Quality Control, P.O. Box 8468, 400

Market Street, Harrisburg, Pennsylvania

17105.

FOR FURTHER INFORMATION CONTACT:

Ellen Wentworth, (215) 814–2034, at the

EPA Region III address above, or by email at wentworth.ellen@epa.gov.

SUPPLEMENTARY INFORMATION: For

further information, please see the

information provided in the direct final

action with the same title that is located

in the ‘‘Rules and Regulations’’ section

of this Federal Register publication.

Dated: April 24, 2001.

William C. Early,

Acting Regional Administrator, Region III.

[FR Doc. 01–10985 Filed 5–2–01; 8:45 am]

BILLING CODE 6560–50–U

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Parts 52 and 81

[TN 241–1–2000103b; FRL–6974–5]

Clean Air Act Approval and

Promulgation of the Redesignation of

Shelby County, TN, to Attainment for

Lead

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: EPA is proposing to approve

the State Implementation Plan

submitted on February 15, 2001, by the

Memphis and Shelby County Health

Department through the Tennessee

Department of Environment and

Conservation for the purpose of

redesignating Shelby County from

nonattainment to attainment for the lead

national ambient air quality standard. In

the Final Rules section of this Federal

Register, the EPA is approving the

State’s SIP revision as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

submittal and anticipates no adverse

comments. A detailed rationale for the

approval is set forth in the direct final

rule. If no adverse comments are

received in response to this action, no

further activity is contemplated. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: Written comments must be

received on or before June 4. 2001.

ADDRESSES: Written comments should

be addressed to Kimberly Bingham, at

the EPA Regional Office listed below.

The interested persons wanting to

examine these documents should make

an appointment with the appropriate

office at least 24 hours before the

visiting day. Copies of the documents

relative to this action are available for

public inspection during normal

business hours at the following

locations.

U.S. Environmental Protection

Agency, Region 4, Atlanta Federal

Center, Air, Pesticides, and Toxics

Management Division, 61 Forsyth

Street, Atlanta, Georgia 30303–3104.

FOR FURTHER INFORMATION CONTACT:

Kimberly Bingham of the EPA Region 4,

Air Planning Branch at (404) 562–9038

and at the above address.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

Final Rules section of this Federal

Register.

Dated: April 19, 2001.

A. Stanley Meiburg,

Acting Regional Administrator, Region 4.

[FR Doc. 01–11091 Filed 5–2–01; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 17

RIN 1018–AH83

Endangered and Threatened Wildlife

and Plants; Proposed Designation of

Critical Habitat for the Robust

Spineflower; Correction

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed Rule; technical

corrections.

SUMMARY: We, the U.S. Fish and

Wildlife Service, published a proposed

rule to establish critical habitat for the

robust spineflower (Chorizanthe robusta

var. robusta) in the Federal Register on

February 15, 2001. The proposed rule

contained several errors in the map and

legal description for the Freedom

mapping unit (Unit D). This document

contains corrections to the proposed

rule to designate critical habitat for

Chorizanthe robusta var. robusta for this

proposed critical habitat unit.

DATES: We will accept comments until

the close of business on June 4, 2001.

Requests for public hearings must be

received by May 23, 2001.

ADDRESSES: Comment submission: If

you wish to comment, you may submit

your comments and materials by any

one of several methods:

1. You may submit written comments

and information to Diane Noda, Field

Supervisor, Ventura Fish and Wildlife

Office, 2394 Portola Road, Suite B,

Ventura, California 93003. You may also

hand-deliver written comments to our

Ventura Fish and Wildlife Office at the

address given above.

2. You may send comments by

electronic mail (e-mail) to:

robustsf@fws.gov See the Public

Comments Solicited section below for

file format and other information on

electronic filing.

Comments and materials received, as

well as supporting documentation used

in the preparation of this proposed rule,

will be available for public inspection,