8196 Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations

For the reasons set out in the

preamble, 18 CFR Part 1310 is revised

to read as follows:

PART 1310—ADMINISTRATIVE COST

RECOVERY

Sec.

1310.1 Purpose.

1310.2 Application.

1310.3 Assessment of administrative

charge.

Authority: 16 U.S.C. 831–831dd; 31 U.S.C.

9701.

§ 1310.1 Purpose.

The purpose of the regulations in this

part is to establish a schedule of fees to

be charged in connection with the

disposition and uses of, and activities

affecting, real property in TVA’s

custody or control; approval of plans

under Section 26a of the Tennessee

Valley Authority Act of 1933, as

amended (16 U.S.C. 831y–1); and

certain other activities in order to help

ensure that such activities are selfsustaining to the full extent possible.

§ 1310.2 Application.

(a) General. TVA will undertake the

following actions only upon the

condition that the applicant pay to TVA

such administrative charge as the VicePresident of Land Management or the

Manager of Power Properties

(hereinafter ‘‘responsible land

manager’’), as appropriate, shall assess

in accordance with § 1310.3; provided,

however, that the responsible land

manager may waive payment where he/

she determines that there is a

corresponding benefit to TVA or that

such waiver is otherwise in the public

interest:

(1) Conveyances and abandonment of

TVA land or landrights.

(2) Licenses and other uses of TVA

land not involving the disposition of

TVA real property or interests in real

property.

(3) Actions taken to suffer the

presence of unauthorized fills and

structures over, on, or across TVA land

or landrights, and including actions not

involving the abandonment or disposal

of TVA land or landrights.

(4) Actions taken to approve fills,

structures, or other obstructions under

Section 26a of the Tennessee Valley

Authority Act of 1933, as amended (16

U.S.C. 831y–1), and TVA’s regulations

issued thereunder at part 1304 of this

chapter.

(b) Exemption. An administrative

charge shall not be made for the

following actions:

(1) Conveyances pursuant to section

4(k)(d) of the Tennessee Valley

Authority Act of 1933, as amended (16

U.S.C. 831c(k)(d)).

(2) Releases of unneeded mineral right

options.

(3) TVA phosphate land and mineral

transactions.

(4) Permits and licenses for use of

TVA land by distributors of TVA power.

(c) Quota deer hunt and turkey hunt

applications. Quota deer hunt and

turkey hunt permit applications will be

processed by TVA if accompanied by

the fee prescribed in § 1310.3(d).

§ 1310.3 Assessment of administrative

charge.

(a) Range of charges. Except as

otherwise provided herein, the

responsible land manager shall assess a

charge which he/she determines in his/

her sole judgment to be approximately

equal to the administrative costs

incurred by TVA for each action

including both the direct cost to TVA

and applicable overheads. In

determining the amount of such charge,

the responsible land manager may

establish a standard charge for each

category of action rather than

determining the actual administrative

costs for each individual action. The

standard charge shall be an amount

approximately equal to TVA’s actual

average administrative costs for the

category of action. Charges shall be not

less than the minimum or greater than

the maximum amount specified herein,

except as otherwise provided in

paragraph (c) of this section.

(1) Land transfers—$500–$10,000.

(2) Use permits or licenses–$50–

$5,000.

(3) Actions taken to approve plans for

fills, structures, or other obstructions

under Section 26a of the TVA Act—

$100–$5,000.

(4) Abandonment of transmission line

easements and rights-of-way—$100–

$1,500.

(5) Quota deer hunt or turkey hunt

applications—$5–$25.

(b) Basis of charge. The administrative

charge assessed by the responsible land

manager shall, to the extent applicable,

include the following costs:

(1) Appraisal of the land or landrights

affected;

(2) Assessing applicable rental fees;

(3) Compliance inspections and other

field investigations;

(4) Title and record searches;

(5) Preparation for and conducting

public auction and negotiated sales;

(6) Mapping and surveying;

(7) Preparation of conveyance

instrument, permit, or other

authorization or approval instrument;

(8) Coordination of the proposed

action within TVA and with other

Federal, State, and local agencies;

(9) Legal review; and

(10) Administrative overheads

associated with the transaction.

(c) Assessment of charge when actual

administrative costs significantly exceed

established range. When the responsible

land manager determines that the actual

administrative costs are expected to

significantly exceed the range of costs

established in paragraph (a) of this

section, such manager shall not proceed

with the TVA action until agreement is

reached on payment of a charge

calculated to cover TVA’s actual

administrative costs.

(d) Quota deer hunt and turkey hunt

application fees. A fee for each person

in the amount prescribed by the

responsible land manager must

accompany the complete application

form for a quota deer hunt and turkey

hunt permit. Applications will not be

processed unless accompanied by the

correct fee amount. No refunds will be

made to unsuccessful applicants, except

that fees received after the application

due date will be refunded.

(e) Additional charges. In addition to

the charges assessed under these

regulations, TVA may impose a charge

in connection with environmental

reviews or other environmental

investigations it conducts under its

policies or procedures implementing the

National Environmental Policy Act (42

U.S.C. 4321 et seq.).

Kathryn J. Jackson,

Senior Vice President, Resource Group.

[FR Doc. 95–3451 Filed 2–10–95; 8:45 am]

BILLING CODE 8120–01–M

LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 251, 252, 253, 254, 255,

256, 257, 258, and 259

[Docket No. RM 93–12 and RM 94–1A]

Copyright Arbitration Royalty Panels;

Correction

AGENCY: Copyright Office, Library of

Congress.

ACTION: Correction to regulations.

SUMMARY: This document contains

corrections to the former Copyright

Royalty Tribunal (CRT) regulations that

were reissued by the Library of Congress

and the Copyright Office on December

22, 1993, and to the interim copyright

arbitration rules that were published on

May 9, 1994.

EFFECTIVE DATE: These corrections are

effective February 13, 1995.

FOR FURTHER INFORMATION CONTACT:

William Roberts, Senior Attorney,
Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8197

Copyright Arbitration Royalty Panels,

P.O. Box 70977, Southwest Station,

Washington, D.C. 20024 (202–707–

8380).

SUPPLEMENTARY INFORMATION: On

December 17, 1993, the Copyright

Royalty Tribunal was abolished, and its

functions were transferred to copyright

arbitration royalty panels (CARPs) to be

convened and supported by the Library

of Congress and the Copyright Office.

Copyright Royalty Tribunal Reform Act

of 1993 (CRT Reform Act), Pub.L. No.

103–198, 107 Stat. 2304 (1993). The

CRT Reform Act directed the Library

and the Office to adopt the rules and

regulations of the former CRT until later

rules were adopted. Accordingly, the

CRT’s rules were republished on

December 22, 1993. 58 FR 67690

(December 22, 1993).

The Library and the Office adopted

interim rules on May 9, 1994, and final

rules on December 7, 1994 adapting the

former CRT rules to the new copyright

arbitration system. 59 FR 23964 (May 9,

1994); 59 FR 63025 (December 7, 1994).

In reviewing the former CRT rules and

our new CARP rules, we have

discovered a number of substantive and

nonsubstantive technical errors.

The first was an error in the interim

rules published on May 9, 1994, in

which the reference in § 251.32(a) to

‘‘§ 251.30’’ should read ‘‘§ 251.31’’.

The second error occurred in

§ 251.52(c), Proposed findings and

conclusions. To distinguish between

proposed findings of fact and proposed

conclusions, the sentence in paragraph

(c) which reads, ‘‘Proposed findings

shall be stated separately.’’, should be

removed from paragraph (c) and placed

in a new paragraph (d).

The third was an error in the 1992

public broadcasting rate adjustment

proceeding at the CRT. In § 253.6(c)(4),

the rate listed there is applicable to the

years 1993–1997, not 1988–1992, as

published.

The fourth error is found in § 254.2

which defines coin-operated

phonorecord player. The section

references the definition in former

section 116 of the Copyright Act, which

was repealed by the CRT Reform Act.

Section 254.2 is therefore revised by

inserting the definitional langauge

formerly contained in section 116.

The fifth correction is to the

mechanical royalty rates listed in

§ 255.3. When the CRT adjusted the

royalty rate in 1993 to take effect in

1994, it dropped an earlier paragraph

that described the rates that were in

effect for the period 1992–1993. It left

the impression that the rates effective

starting in 1990 were in effect for four

years, instead of two. We are restoring

that paragraph, so that all the rates,

beginning in 1981, are listed in the

rules.

The sixth correction is removal of the

reference, ‘‘(Supp. IV 1992)’’, wherever

it appears in part 259. The reference,

‘‘(Supp. IV 1992)’’, refers to the Audio

Home Recording Act of 1992, Pub.L. No.

102–563, 106 Stat. 4237, which

amended Title 17, of the U.S. Code, by

adding a new Chapter 10. Since the

Audio Home Recording Act has been

incorporated into title 17 at Chapter 10,

there is no need to continue citation to

the Supplement.

The seventh correction is to § 259.2,

the section on filing a claim for digital

audio recording royalties. When we

published our interim rules on May 9,

1994, the Office substituted the phrase

‘‘Library of Congress’’ or ‘‘Copyright

Office’’, as appropriate, for ‘‘Copyright

Royalty Tribunal’’ wherever the phrase

was found. However, in reviewing

§ 259.2, it appears that it would have

been more accurate to substitute the

phrase ‘‘Copyright Office and/or

Copyright Arbitration Panels’’ for

‘‘Copyright Royalty Tribunal’’ as a

recognition of the split nature of the

proceedings.

And finally, three terms will be added

to the List of Subjects. Under the

heading, 37 CFR Part 258, the term

‘‘Cable television’’ should be replaced

with the term ‘‘Satellite’’ to more

accurately reflect the content of this

section. Additionally, the term ‘‘rate’’

shall be added to the headings, 37 CFR

Part 255 and 37 CFR Part 258. The

addition of this term will harmonize the

subject lists for these sections with the

headings for 37 CFR 253, 37 CFR Part

254 and 37 CFR Part 256. We are

making that change here and correcting

any nonsubstantive technical errors.

List of Subjects

37 CFR Part 251

Administrative practice and

procedure, Hearing and appeal

procedures.

37 CFR Part 252

Cable television, Claims, Copyright.

37 CFR Part 253

Copyright, Music, Radio, Rates,

Television.

37 CFR Part 254

Copyright, Jukeboxes, Rates.

37 CFR Part 255

Copyright, Music, Recordings.

37 CFR Part 256

Cable television, Rates.

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.

PART 251—COPYRIGHT

ARBITRATION ROYALTY PANEL

RULES OF PROCEDURE

Accordingly, 37 CFR chapter II is

corrected by making the following

corrections and amendments:

1. and 2. The authority citation for

part 251 continues to read as follows:

Authority: 17 U.S.C. 801–803.

§ 251.13 [Corrected]

3. Section 251.13(f) is corrected by

adding an ‘‘a’’ before the word

‘‘clearly’’.

§ 251.32 [Corrected]

4. In § 251.32(a), the reference to

‘‘§ 251.30’’ is revised to read ‘‘§ 251.31’’.

§ 251.33 [Corrected]

5. The first sentence in § 251.33(c) is

corrected by replacing the word ‘‘a’’

with ‘‘an’’ in the phrase ‘‘to serve as a

arbitrator’’.

§ 251.38 [Corrected]

6. In § 251.38(b), the word ‘‘for’’ is

added before the word ‘‘travel’’.

§ 251.44 [Corrected]

7. In § 251.44(e)(1), the first ‘‘it’’ in the

last sentence is revised to read ‘‘the

document’’.

8. Section 251.44(g) is corrected by

revising ‘‘telefacsimile’’ to read

‘‘facsimile’’.

9. Section 251.48(f)(1)(ii) is revised to

read as follows:

§ 251.48 Rules of evidence.

* * * * *

(b) * * *

(1) * * *

(ii) An explanation of the method of

selecting the sample and of the

characteristics which were measured

and counted.

* * * * *

§ 251.50 [Corrected]

10. In § 251.50, ‘‘That’’ is revised to

read ‘‘that’’.

§ 251.52 [Amended]

11. In § 251.52 the sentence which

reads, ‘‘Proposed conclusions shall be

stated separately.’’ is removed from

paragraph (c) and a new paragraph (d)

is added to read as follows:
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).