8198 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations

§ 251.52 Proposed findings and

conclusions.

* * * * *

(d) Proposed conclusions shall be

stated separately.

PART 252—FILING OF CLAIMS TO

CABLE ROYALTY FEES

12. and 13. The authority citation for

part 252 continues to read as follows:

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

§ 252.1 [Corrected]

14. Section 252.1 is corrected by

removing the word ‘‘to’’ before the U.S.

Code citation.

PART 253—USE OF CERTAIN

COPYRIGHTED WORKS IN

CONNECTION WITH

NONCOMMERCIAL EDUCATIONAL

BROADCASTING

15. The authority citation for part 253

continues to read as follows:

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

803.

§ 253.6 [Corrected]

16. In § 253.6(c)(4), the phrase ‘‘1988

through 1992,’’ is revised to read ‘‘1993

through 1997,’’.

PART 254—ADJUSTMENT OF

ROYALTY RATE FOR COINOPERATED PHONORECORD

PLAYERS

17. The authority citation for part 254

continues to read as follows:

Authority: 17 U.S.C. 116, 801(b)(1).

§ 254.2 [Corrected]

18. Section 254.2 is revised to read as

follows:

§ 254.2 Definition of coin-operated

phonorecord player.

As used in this part, the term coinoperated phonorecord player is a

machine or device that:

(a) Is employed solely for the

performance of nondramatic musical

works by means of phonorecords upon

being activated by insertion of coins,

currency, tokens, or other monetary

units or their equivalent;

(b) Is located in an establishment

making no direct or indirect charge for

admission;

(c) Is accompanied by a list of the

titles of all the musical works available

for performance on it, which list is

affixed to the phonorecord player or

posted in the establishment in a

prominent position where it can be

readily examined by the public; and

(d) Affords a choice of works available

for performance and permits the choice

to be made by the patrons of the

establishment in which it is located.

PART 255—ADJUSTMENT OF

ROYALTY PAYABLE UNDER

COMPULSORY LICENSE FOR MAKING

AND DISTRIBUTING PHONORECORDS

19. The authority citation for part 255

continues to read as follows:

Authority: 17 U.S.C. 801(b)(1) and 803.

§ 255.3 [Corrected]

20. In § 255.3, paragraph (a), the

phrase ‘‘paragraphs (b), (c), (d), (e), (f)

and (g) of this section.’’ is revised to

read ‘‘paragraphs (b), (c), (d), (e), (f), (g)

and (h) of this section.’’

21. In § 255.3, paragraph (b), the

phrase ‘‘paragraphs (c), (d), (e), (f) and

(g) of this section.’’ is revised to read

‘‘paragraphs (c), (d), (e), (f), (g) and (h)

of this section.’’

22. In § 255.3, paragraph (c), the

phrase ‘‘paragraphs (d), (e), (f) and (g) of

this section.’’ is revised to read

‘‘paragraphs (d), (e), (f), (g) and (h) of

this section.’’

23. In § 255.3, paragraph (d), the

phrase ‘‘paragraphs (e), (f) and (g) of this

section.’’ is revised to read ‘‘paragraphs

(e), (f), (g) and (h) of this section.’’

24. In § 255.3, paragraph (e), the

phrase ‘‘paragraphs (f) and (g) of this

section.’’ is revised to read ‘‘paragraphs

(f), (g) and (h) of this section.’’

25. In § 255.3, paragraphs (f) and (g)

are redesignated (g) and (h),

respectively, the reference in

redesignated paragraph (g) to

‘‘paragraph (g)’’ is revised to read

‘‘paragraph (h)’’, and a new paragraph

(f) is added as follows:

§ 255.3 Adjustment of royalty rate.

* * * * *

(f) For every phonorecord made and

distributed on or after January 1, 1992,

the royalty payable with respect to each

work embodied in the phonorecord

shall be 6.25 cents, or 1.2 cents per

minute of playing time or fraction

thereof, whichever amount is larger,

subject to further adjustment pursuant

to paragraphs (g) and (h) of this section.

* * * * *

PART 256—ADJUSTMENT OF

ROYALTY FEE FOR CABLE

COMPULSORY LICENSE

26. The authority citation for part 256

continues to read as follows:

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

§ 256.1 [Corrected]

27. The first sentence of § 256.1 is

corrected by revising ‘‘or’’ to read ‘‘for’’.

PART 259—FILING OF CLAIMS TO

DIGITAL AUDIO RECORDING DEVICES

AND MEDIA ROYALTY PAYMENTS

28. The authority citation for part 259

continues to read as follows:

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

§ 259.1 [Amended]

29. Section 259.1 is amended by

removing all references to ‘‘(Supp. IV

1992)’’.

§ 259.2 [Corrected]

30. In paragraphs (a) and (b) of

§ 259.2, ‘‘and/or Copyright Arbitration

Royalty Panels’’ is added after the

phrase ‘‘Copyright Office’’ and before

the phrase ‘‘in royalty filing’’.

§ 259.3 [Amended]

31. Paragraph (a) of § 259.3 is

amended by removing all references to

‘‘(Supp. IV 1992)’’.

§ 259.4 [Amended]

32. Paragraphs (a) and (b) of § 259.4

are amended by removing all references

to ‘‘(Supp. IV 1992)’’.

Dated: February 7, 1995.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 95–3497 Filed 2–10–95; 8:45 am]

BILLING CODE 1410–33–P

37 CFR Parts 251 and 259

[Docket No. RM 94–1A]

Copyright Arbitration Royalty Panels;

Correction

AGENCY: Copyright Office, Library of

Congress.

ACTION: Correction to final regulations.

SUMMARY: This document contains

corrections to the final regulations that

were published Wednesday, December

7, 1994, concerning copyright

arbitration royalty panels. The first

correction concerns the removal of

§ 251.72, and the second is a

grammatical correction of § 259.3(d).

EFFECTIVE DATE: These regulations are

effective February 13, 1995.

FOR FURTHER INFORMATION CONTACT:

William Roberts, Senior Attorney,

Copyright Arbitration Royalty Panel,

P.O. Box 70977, Southwest Station,

Washington, D.C. 20024, (202–707–

8380).

SUPPLEMENTARY INFORMATION: On

December 7, 1994, the final rules

governing the copyright arbitration

royalty panels (CARP) were published

in the Federal Register. As published,

the final regulations contained two

errors. 59 FR 63025 (December 7, 1994).
Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8199

First, the final regulations removed

§ 251.72; however, the section was

incorrectly cited as § 3251.7.

Second, § 259.3(d) was amended to

state that if a joint claim to digital audio

recording royalties (DART) is filed, it

shall include a concise statement of the

authorization for the filing of the joint

claim and the name of each claimant to

the joint claim. However, as published,

§ 259.3(d) was grammatically incorrect.

Accordingly, the publication on

December 7, 1994, of the final

regulations is corrected as follows:

§ 251.72 [Corrected]

On page 63042, in the second column,

‘‘§ 3251.7 [Removed]’’ is corrected to

read, ‘‘§ 251.72 [Removed]’’.

§ 259.3 [Corrected]

On page 63043, in the second column,

in § 259.3, paragraph (d), after the

phrase ‘‘If the claim is a joint claim,’’

and before the phrase ‘‘a concise

statement’’, the words ‘‘it shall include’’

are added.

Dated: February 7, 1995.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 95–3498 Filed 2–10–95; 8:45 am]

BILLING CODE 1410–33–P

DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety

Administration

49 CFR Part 571

[Docket No. 85–15; Notice 14]

RIN 2127–AE07

Federal Motor Vehicle Safety

Standards; Lamps, Reflective Devices

and Associated Equipment

AGENCY: National Highway Traffic

Safety Administration (NHTSA), DOT.

ACTION: Response to petitions for

reconsideration; final rule.

SUMMARY: This notice responds to

petitions for reconsideration of the final

rule published on January 12, 1993, that

added minimum photometric values for

headlamps at test points above the

horizontal. The notice corrects minor

errors that appeared in the final rule,

and others which have been brought to

NHTSA’s attention. The notice also

deletes photometric requirements that

no longer apply to headlighting systems

on vehicles manufactured on and after

September 1, 1994.

DATES: The final rule is effective March

15, 1995.

FOR FURTHER INFORMATION CONTACT:

Kenneth O. Hardie, Office of

Rulemaking, NHTSA (202–366–6987).

SUPPLEMENTARY INFORMATION: On

January 12, 1993, NHTSA published a

final rule adopting 49 CFR part 564,

Replaceable Light Source Information,

as a repository for information on new

types of replaceable light sources for

headlamps, and amending 49 CFR

571.108 Motor Vehicle Safety Standard

No. 108 Lamps, Reflective Devices, and

Associated Equipment to ensure that the

light sources in part 564 are designed to

meet certain performance requirements

of the standard, and to amend the

headlighting requirements by adding

minimum photometric values at two

zones and two test points above the

horizontal (58 FR 3856). Petitions for

reconsideration of part 564 have been

received, and will be responded to

separately and at a later date. This

notice responds to the portion of the

rule that amended Standard No. 108.

No petitions were received asking for

reconsideration of the amendments to

Standard No. 108. However, Ford Motor

Company has called the agency’s

attention to several errors in the

amendments to the standard. The

agency has noted additional errors.

Ford commented that SAE J579

DEC84 should not yet be deleted from

Figure 26 as compliance with those

specifications for certain light sources is

permitted through August 31, 1994. The

agency concurs, but the passage of time

has rendered this comment moot.

Because September 1, 1994 has now

passed, by this notice NHTSA is

removing from Standard No. 108 those

provisions that no longer apply to

headlighting systems on vehicles

manufactured after August 31, 1994.

Principally, these amendments remove

references to Tables 1 and 2 of SAE J579

DEC84, and Figures 15 and 17, as well

as removing the Figures themselves.

Figure 26 is revised to reflect these

changes. These amendments affect S7.1,

and portions of S7.3, and S7.4 of

Standard No. 108.

In Ford’s view, the amended text of

paragraphs S7.5(d) (2) and (3) does not

appear to reflect NHTSA’s intent stated

in the preamble for photometric

requirements of headlamp systems

using dual filament light sources, i.e.,

that such headlamps be permitted to

meet Table 1 of SAE J579 DEC84 or

Figure 27, or alternatively Figures 15/

15A or 17/17A. NHTSA concurs that the

text should be revised to make clear that

the agency is allowing optional

compliance with Figure 27 or Figure

15A as well as with Figure 17A (SAE

J579, and Figures 15 and 17 now being

deleted). To avoid confusion with the

deleted Figures, NHTSA is not presently

redesignating Figures 15A and 17A as

Figures 15 and Figure 17, although it

may do so in the future.

The following additional corrections

are also made. The operand ‘‘+/¥’’ is

added in S7.7(a) in the last sentence,

preceding ‘‘1 degree 00 minutes.’’ In

paragraph S7.7(j), the reference to

subparagraph ‘‘(e)’’ is properly to ‘‘(g)’’.

In Figure 17A, the correct sixth upper

beam test point is ‘‘H–9L and 9R.’’

Further, in the version of Standard

No. 108 appearing in Title 49, Code of

Federal Regulations, Parts 400–999

revised as of October 1, 1993, the titles

of paragraphs S7.5 and S7.7 are not

underlined, and a value is given in

paragraph S11 as ‘‘12.8V +/20mV’’. This

notice provides an underline for the

titles and a correction of S11 to ‘‘12.8V

+/¥20mV.’’

Ford noticed that when the final rule

removed paragraph S7.4(d) and

redesignated the succeeding lettered

paragraphs, cross-references in S7.5(i)

and S7.6.2.1 to paragraph S7.4(i) were

not changed to S7.4(h). NHTSA has

noticed that its amendments of S8.7

Humidity of March 11, 1991 (56 FR

10185) removing the necessity for a

photometric test following completion

of the humidity test were not

accompanied by a corresponding

amendment removing S8.7 from the list

of tests required under S8.1 Photometry.

This notice corrects the errors, and

several other minor ones that appear in

the CFR text of Standard No. 108, such

as an erroneous identification in

S5.1.1.6 of SAE J222 ‘‘September 1970’’

which is correctly December 1970.

Effective Date

Because these amendments are

corrective in nature and impose no

additional burden upon any person,

notice and comment upon are not

required under the Administrative

Procedure Act, and it is found, for good

cause shown, that an effective date

earlier than 180 days after issuance is in

the public interest. The amendments

will become effective 30 days after

publication in the Federal Register.

Rulemaking Analyses and Notices

Executive Order 12866 and DOT

Regulatory Policies and Procedures

The Office of Management and Budget

has determined that it will not review

this rulemaking under Executive Order

12866. It has been determined that the

rulemaking is not significant under

Department of Transportation regulatory

policies and procedures. Since the rule

does not have any significant cost or