Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Proposed Rules 22137

For the Nuclear Regulatory Commission.

Farouk Eltawila,

Acting Director, Division of Systems Analysis

and Regulatory Effectiveness, Office of

Nuclear Regulatory Research.

Tentative Agenda—Reducing

Unnecessary Regulatory Burden While

Maintaining Safety Workshop

8:30–8:45 Welcome and Introduction

8:45–9:00 Meeting Objectives,

Structure and Groundrules

9:00–9:15 Overview of NRC Initiative

to Reduce Unnecessary Regulatory

Burden

9:15–10:30 Risk Informing 10 CFR Part

50 Participants Discussion

10:30–10:45 Break

10:45–11:45 Paperwork Reduction and

Obsolete Regulations Participants

Discussion

11:45–1:00 Lunch Break

1:00–1:45 Licensing Actions to Reduce

Unnecessary Burden Participants

Discussion

1:45–3:15 Other NRC Initiatives

Related to Unnecessary Burden

Reduction Participants Discussion

3:15–3:30 Break

3:30–4:30 Open discussion

4:30–4:45 Summary and Closure

[FR Doc. 01–11108 Filed 5–2–01; 8:45 am]

BILLING CODE 7590–01–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 151

[USCG–2000–7442]

RIN 2115–AD23

Permits for the Transportation of

Municipal and Commercial Waste

AGENCY: Coast Guard, DOT.

ACTION: Notice of intent with request for

comments.

SUMMARY: The Coast Guard is advising

the public of its intent to finalize

regulations previously published as an

Interim Rule (IR) in the Federal Register

(54 FR 22546) on May 24, 1989. These

regulations have been codified at 33

CFR Part 151. The IR was published to

implement the permitting and

numbering requirements of the Shore

Protection Act (SPA), but was never

published as a Final Rule. Because of

the lapse in time since the IR

publication, the Coast Guard is seeking

comments from the public before

finalizing the IR.

DATES: Comments must be received on

or before August 1, 2001.

ADDRESSES: You may submit your

written comments and related material

by one of the following methods:

(1) By mail to the Docket Management

Facility, (USCG–2000–7442), U.S.

Department of Transportation, room PL–

401, 400 Seventh Street SW.,

Washington, DC 20590–0001.

(2) By hand to room PL–401 on the

Plaza level of the Nassif Building, 400

Seventh Street SW., Washington, DC,

between 9 a.m. and 5 p.m., Monday

through Friday, except Federal holidays.

The telephone number is 202–366–

9329.

(3) By fax to the Docket Management

Facility at 202–493–2251.

(4) Electronically through the Web

Site for the Docket Management System

at http://dms.dot.gov.

The Docket Management Facility

maintains the public docket for this

notice. Comments and documents, as

indicated in this notice, will become

part of this docket and will be available

for inspection or copying at room PL–

401 on the Plaza Level of the Nassif

Building at the same address between 9

a.m. and 5 p.m., Monday through

Friday, except Federal holidays. You

may electronically access the public

docket for this notice on the Internet at

http://dms.dot.gov.

FOR FURTHER INFORMATION CONTACT: For

information concerning this reopened

comment period, contact Ensign

William Sportsman, Office of Operating

& Environmental Standards (G–MSO–2),

U.S. Coast Guard Headquarters,

telephone 202–267–0226. For questions

on viewing, or submitting material to

the docket, contact Dorothy Beard,

Chief, Dockets, Department of

Transportation, telephone 202–366–

5149.

SUPPLEMENTARY INFORMATION:

Request for Comments

The Coast Guard encourages you to

participate in this rulemaking by

submitting your comments and related

material. To do so, please include your

name and address, identify the docket

number for this notice (USCG–2000–

7442), indicate the specific section of

the Interim Rule that you are

commenting on, and give the reason for

each comment. You may submit your

written comments and material by mail,

hand, fax, or electronic means to the

Docket Management Facility at the

address under ADDRESSES; but please do

not submit the same comment or

material by more than one means. Do

not submit comments on the Interim

Rule that have already been made part

of the CGD 89–014 docket. If you submit

them by mail or hand, submit them in

an unbound format, no larger than 81⁄2

by 11 inches, suitable for copying and

electronic filing. If you submit them by

mail and would like to know they were

received, enclose a stamped, selfaddressed postcard or envelope. The

Coast Guard will consider all comments

and material received during the

comment period. All comments,

including those previously submitted

under the CGD 89–014 docket, may be

viewed at http://dms.got.gov.

Background and Purpose

On May 24, 1989, the Coast Guard

published in the Federal Register (54

FR 22546), an Interim Rule with request

for comments (docket number CGD 89–

014), implementing the permitting and

numbering requirements of the Shore

Protection Act (33 U.S.C. § 2601 et seq.).

In response, the Coast Guard received

six comments. After it was determined

that the procedures outlined in the

Interim Rule were operating

successfully, the Coast Guard published

a Notice of Withdrawal in the Federal

Register (60 FR 64001) on December 13,

1995, to discontinue the rulemaking.

The intent was to close the rulemaking

project. However, due to an oversight,

the Interim Rule was never finalized.

The Interim Rule has been in place for

the past 11 years, and the Coast Guard

believes these procedures have been

operating in a satisfactory manner.

Therefore, the Coast Guard intends to

finalize the Interim Rule as published,

and the first step in this process is to

reopen the comment period for the

Interim Rule.

Discussion of Comments and Changes

The Coast Guard received six letters

commenting on the Interim Rule. In the

following paragraphs, the Coast Guard

discusses the comments received, and

explains any changes made to the

regulations. The Coast Guard first

discusses general comments, and

secondly discusses comments regarding

specific sections of the regulations.

General Comments

One comment suggested that the rule

require the same waste handling

practices as stipulated in section 4103 of

SPA. The comment also suggested the

Coast Guard consider an operator’s

record of compliance with the required

practices when deciding to approve or

deny a permit.

The requirements for waste handling

practices are outside the scope of this

rulemaking. The Environmental

Protection Agency (EPA) is responsible

for implementing section 4103 of SPA.

One comment asked why the Interim

Rule did not include regulations

22138 Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Proposed Rules

implementing sections 4104 through

4109 of SPA. This section of SPA

concerns suspensions and revocations,

enforcement, subpoena authority, and

permit fees and penalties. The comment

asked the Coast Guard to explain how

it will implement these requirements.

As stated in the preamble to the

Interim Rule, the Coast Guard will

initiate two regulatory projects to

implement the responsibilities

delegated under SPA. This document

finalizes the first regulatory project

covering the issuing of permits and the

numbering of vessels. Regulations

implementing the other provisions of

SPA may be proposed under a separate

rulemaking in the future.

Comments Regarding Specific Sections

Applicability (§ 151.1003)

Three comments stated that numerous

crew, work, supply, and service vessels

engaged in support of oil or gas

operations in the Outer Continental

Shelf occasionally transport commercial

waste and garbage. This waste is

generated on offshore platforms and

mobile offshore drilling units and is

considered minor and incidental cargo.

The comments stated that these vessels

should be exempt from the requirements

of the Interim Rule because they are not

dedicated to nor designed for the

transport of commercial waste. One of

the comments also suggested that

lightering and other small vessels

should be exempt from the regulations

because they transport plastics and

other wastes ashore from vessels in port.

These vessels are prohibited from

discharging waste into the ocean under

the International Convention for the

Prevention of Pollution from Ships,

1973, as modified by the Protocol of

1978 (MARPOL 73/78, Annex V).

The Coast Guard agrees with these

comments. This rule only applies to

owners and operators of vessels whose

primary purpose is the transportation of

municipal or commercial waste. The

Coast Guard recognizes that there are

vessels that transport waste incidental

to the primary purpose or business of

the vessel. While the owners and

operators of these vessels must take

appropriate precautions to ensure that

they do not deposit waste into the

waters of the United States during

transport, the Coast Guard does not

intend for this rule to apply to these

vessels. As stated in the Interim Rule, an

owner or operator will only be required

to hold a permit if the vessel is hired to

transport municipal or commercial

waste for a specific voyage or for a

specific time. Therefore, the Coast

Guard intends to make no revisions

based on these comments.

Three comments opposed applying

the Interim Rule to vessels carrying nonhazardous oil field waste. These vessels

are required to obtain a Certificate of

Inspection (COI), meet route and cargo

restrictions, construction standards, and

stability standards under rules

promulgated in the Coast Guard’s

Navigation and Vessel Inspection

Circular (NVIC) Number 7–87,

‘‘Guidance on Waterborne Transport of

Oil Field Wastes.’’ The comments

argued that vessels under the NVIC 7–

87 already meet a higher degree of

scrutiny than is mandated by SPA.

The Coast Guard agrees with these

comments. To reduce the regulatory

burden, vessels operating under the

NVIC 7–87 program already meet

regulatory standards similar to these

regulations and are exempt from having

to obtain a permit. Thus, vessels

engaged in transporting non-hazardous

oil field waste were never intended to

be included in the application of the

Interim Rule. This is evidenced by the

fact that they were never specifically

listed in 33 CFR 151.1003,

Applicability, or 33 CFR 151.1006,

Definitions.

Issuing or Denying the Issuance of a

Conditional Permit (§ 151.1015)

The Coast Guard received four

comments regarding the permit issuance

procedures and policies. Two comments

wanted the Officer in Charge, Marine

Inspection (OCMI) or the Captain of the

Port (COTP) where the vessel will

operate to participate in the issuance

procedures. One comment stated that it

would be appropriate and convenient

for the OCMI or COTP to approve (or

deny) the application. The comment

noted that the OCMI or COTP ‘‘will

surely be involved in verifying

information, investigating complaints,

and monitoring compliance in any

case.’’ Another comment suggested that

the Coast Guard send a copy of the

issued permit to the OCMI or COTP.

The Coast Guard does not agree with

these comments. It will be more

efficient to issue the permits from a

central location because vessels subject

to these regulations may operate in more

than one COTP or OCMI zone of

responsibility. The owner or operator is

required to maintain the permit onboard

the vessel. Therefore, a copy of the

permit will be available for the COTP or

OCMI to examine whenever necessary.

The Coast Guard will not make any

changes to § 151.1015 based on these

comments.

For vessels requiring a COI, one

comment suggested the Coast Guard

withhold issuance of a permit if the COI

is invalid.

The Coast Guard does not agree with

this comment. Vessels holding a COI are

currently inspected on regularly

scheduled intervals. If the COI is

invalid, the vessel is not expected to be

operating on the navigable waters of the

United States.

Another comment requested that the

Coast Guard include a statement in

§ 151.1015(b)(2)(ii)(A) that clarifies that

if there is a change of vessel operator or

owner, the permit is no longer valid. In

the Interim Rule, § 151.1015(b)(2)(ii)(A)

states that a permit will only be

terminated if the vessel is sold or if

subpart B no longer applies to the

vessel.

The Coast Guard does not agree with

this comment. We believe the current

language of the Interim Rule is sufficient

to enable compliance.

Two comments stated that although

§ 151.1015 details the denial of a permit,

it unnecessarily focuses on

completeness and accuracy of the forms

instead of substantive information such

as the history of the operator or the

condition of the vessel.

The Coast Guard understands that

permit applicants can be frustrated with

the level of accuracy required in the

forms; however, this information is a

necessary step in ensuring that permit

applicants are capable of meeting the

requirements for a permit.

Withdrawal of a Conditional Permit

(§ 151.1018)

Three comments questioned whether

§ 151.1018 is consistent with SPA. SPA

allows the Coast Guard to issue or deny

a permit after consulting with the EPA.

However, the Interim Rule does not

include the consultation with EPA

before issuance of a permit. SPA also

allows the Coast Guard to deny a permit

if the owner or operator of the vessel has

a pattern of serious violations. However,

the Interim Rule only allows the Coast

Guard to withdraw a permit at the

request of EPA. The comments stated

that SPA gives the Coast Guard the

authority to withdraw a permit, but the

Coast Guard has excluded its own

authority in the Interim Rule.

The Coast Guard implemented the

application procedures in the Interim

Rule to eliminate unnecessary delays for

vessel owner/operators seeking to

continue an ongoing business.

Conversely, the Coast Guard wanted to

ensure that any decision to revoke a

permit was substantiated by an agency

that could act as a neutral agent.

One comment stated that it believes

that the Coast Guard would initiate

withdrawal of a permit for various

Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Proposed Rules 22139

reasons, such as improper vessel

conditions. The comment asked the

Coast Guard to include provisions for

these withdrawals and cite the penalty

provisions for a violation of §§ 151.1009

and 151.1018(c) in the Interim Rule.

The Interim Rule listed conditions

that would lead to the withdrawal of a

permit, citing a record or pattern of

violations of five environmental

protection acts. Permit withdrawal

proceedings would be restricted to the

conditions authorized by the act. Civil

and criminal penalties for violations of

the Shore Protection Act are outlined in

33 USC § 2608 and § 2609.

Display of Number (§ 151.1024)

Two comments objected to the

requirement that vessel numbers

displayed have to be at least 44

centimeters (18 inches) in height. One

comment noted that the requirement for

marking a tank vessel (found in 46 CFR

32.05–10 and 32.05–15) allows a vessel

to be marked with figures that are 15

centimeters (6 inches) high.

The Coast Guard disagrees with these

comments. Personnel involved with

enforcement of these regulations must

be able to easily identify a vessel’s

permit numbers from great distances or

altitudes including while a vessel is at

sea. Because of this, permit numbers

need to be easily distinguishable from

other markings displayed on a vessel.

One comment noted that there is an

incorrect section citation in the Interim

Rule. Paragraph (b) of § 151.1009

references § 151.104, which does not

exist. The correct reference is

§ 151.1024, pertaining to permit

numbers. The Coast Guard amended

§ 151.1009(b) to reflect the correct

reference in a correction notice

published in the Federal Register on

June 5, 1989 (54 FR 24078).

Dated: March 16, 2001.

Joseph J. Angelo,

Director of Standards, Acting Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 01–10970 Filed 5–2–01; 8:45 am]

BILLING CODE 4910–15–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 2001–2]

Notice of Termination

AGENCY: Copyright Office, Library of

Congress.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Copyright Office is

proposing amendments to its regulation

governing notices of termination of

transfers and licenses covering the

extended renewal term. The current

regulation is limited to notices of

terminations made under section 304(c)

of the copyright law. The Sonny Bono

Copyright Term Extension Act created a

separate termination right under section

304(d). Under the proposed regulation,

procedures governing notices of

termination of the extended renewal

term would cover notices made under

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

DATES: Comments should be in writing

and received on or before June 18, 2001.

ADDRESSES: If sent By Mail, ten copies

of written comments should be

addressed to: David O. Carson, General

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

70400, Southwest Station, Washington,

DC 20540. If Hand Delivered, ten copies

should be brought to: Office of the

General Counsel, Copyright Office,

James Madison Memorial Building,

Room LM–403, First and Independence

Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel, or

Kent Dunlap, Principal Legal Advisor

for the General Counsel. Telephone:

(202) 707–8380. Telefax: (202) 707–

8366.

SUPPLEMENTARY INFORMATION: Under the

1909 copyright law, which was in effect

until January 1, 1978, works were

subject to a renewal system in which the

term of copyright was divided into two

consecutive terms. Under the system

initially established by the 1909

legislation, the duration of copyright

protection was an initial copyright term

of 28 years and a renewal term of an

additional 28 years. The Copyright Act

of 1976, Pub. L. 94–554, retained the

renewal system for works that had

subsisting copyrights on January 1,

1978. However, under section 304 of the

copyright law (17 U.S.C. 304), the

renewal term was extended to 47 years,

creating a total potential term of

protection of 75 years.

Besides generally extending the

renewal term to 47 years, Congress also

provided a termination procedure

authorizing the termination of transfers

or licenses during the extended renewal

term. Established under section 304(c)

of the copyright law, this provision

created a means for authors and their

surviving spouses and offspring to

secure the benefits of the additional 19

years added to the renewal term. In

1977, the Copyright Office adopted a

regulation establishing the procedures

for exercising the termination right. 37

CFR 201.10

On October 27, 1998, President

Clinton signed into law the Sonny Bono

Copyright Term Extension Act, (‘‘the

Act’’), Pub. L. 105–298, 112 Stat. 2827

(1998). The Act amended the copyright

law, title 17 United States Code, to

extend for an additional 20 years, the

term of copyright protection in the

United States. For works in which the

duration of protection was determined

under section 304 of title 17, the

renewal term was extended from 47

years to 67 years. Like the Copyright Act

of 1976, the Sonny Bono Copyright

Term Extension Act also contained a

termination provision covering the

newly extended part of the extended

renewal term (i.e., the last twenty years).

Established under section 304(d) of the

copyright law, this new right of

termination was limited to authors and

other successors-in-interest specified in

the statute who had not previously

terminated under section 304(c).

The termination provision created by

section 304(d) largely incorporates by

reference the standards established by

section 304(c). Since notices of

termination may be served up to ten

years before the termination is to take

effect, the right to serve termination

notices under section 304(d) vested

immediately upon the enactment of the

Sonny Bono Copyright Term Extension

Act. Although the Copyright Office has

not put in place final regulations

governing notices of termination issued

under section 304(d), the Copyright

Office Documents Section has already

received a number of such notices for

recordation. The Copyright Office has

proceeded with recording these notices

under its existing provisions for

recordation of notices of termination

pursuant to section 304. However, it is

desirable that the Office’s regulations on

notices of termination be amended to

provide expressly for notices of

termination pursuant to section 304(d).

The Copyright Office has concluded

that, with a few adjustments, § 201.10

can be adapted to cover terminations

under either section 304(c) or section

304(d). The proposed regulation begins

by adding introductory text clarifying

that the scope of the regulation covers

terminations under either sections

304(c) or 304(d). In provisions where

the current regulation refers to section

304(c), the proposed regulation has been

modified to add an alternative reference

to section 304(d). Finally, a reference to

section 304(d) has been added to

§ 201.4(a)(v) regarding recordation of

transfers and certain other documents.

Paragraph (b) relating to contents of

the notice would add two substantive

changes not in the current regulation.

Section (b)(i) of the proposed regulation