Federal Register / Vol. 60, No. 29 / Monday, February 13, 1995 / Rules and Regulations 8195

4 47 FR 18618–18621 (April 30, 1982).

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA),

5 U.S.C. 601–611 (1988), requires that

agencies, in proposing rules, consider

the impact of those rules on small

businesses. The rules discussed herein

are only an administrative delegation

and will have no impact on registered

entities. Even if these rules were

deemed to affect FCMs, the Commission

already has established certain

definitions of ‘‘small entities’’ to be used

by the Commission in evaluating the

impact of its rules on such small entities

in accordance with the RFA and FCMs

have been determined not to be small

entities under the RFA.4 Accordingly,

the Chairman, on behalf of the

Commission, hereby certifies, pursuant

to 5 U.S.C. 605(b), that these rule

amendments will not have a significant

impact on a substantial number of

smaller entities.

List of Subjects in 17 CFR Part 140

Authority delegations (Government

agencies).

In consideration of the foregoing, and

pursuant to the authority contained in

the Commodity Exchange Act, and, in

particular, sections 2a and 8a, 7 U.S.C.

4a and 12a, the Commission is

amending part 140 of Chapter I of Title

17 of the Code of Federal Regulations as

follows:

PART 140—ORGANIZATION,

FUNCTIONS, AND PROCEDURES OF

THE COMMISSION

1. The authority citation for Part 140

continues to read as follows:

Authority: 7 U.S.C. 4a and 12a.

2. Section 140.91 is amended by

redesignating paragraphs (a)(3) and

(a)(4) as (a)(5) and (a)(6) and by adding

new paragraphs (a)(3) and (a)(4) to read

as follows:

§ 140.91 Delegation of authority to the

Director of the Division of Trading and

Markets.

(a) * * *

(3) All functions reserved to the

Commission in § 1.14 of this chapter;

(4) All functions reserved to the

Commission in § 1.15 of this chapter;

* * * * *

Issued in Washington, D.C. on February 7,

1995, by the Commission.

Jean A. Webb,

Secretary of the Commission.

[FR Doc. 95–3455 Filed 2–10–95; 8:45 am]

BILLING CODE 6351–01–U

TENNESSEE VALLEY AUTHORITY

18 CFR Part 1310

Administrative Cost Recovery

AGENCY: Tennessee Valley Authority

(TVA).

ACTION: Final rule.

SUMMARY: This final rule amends TVA’s

administrative cost recovery regulations

by adding a provision requiring

payment to TVA of nonrefundable

application processing fees to recover

the costs of reviewing plans for the

construction, operation, or maintenance

of dams, appurtenant works, or other

obstructions affecting navigation, flood

control, or public lands or reservations

in the Tennessee River system under

Section 26a of the TVA Act; eliminating

cost recovery exemptions for

agricultural licenses, firewood cutting

permits, permits for the nonexclusive

short-term use of TVA land, conveyance

or abandonment of TVA land or

landrights to States, municipalities, and

political subdivisions and agencies

thereof, and use of TVA land for utility

line crossings; authorizing the

responsible land manager to establish a

standard charge for each category of

action rather than determining the

actual administrative costs for each

individual action; and increasing the

range of fees for certain actions. These

amendments will allow TVA to recover

more of its administrative costs incurred

in processing certain actions from those

persons who directly benefit from the

actions.

EFFECTIVE DATE: March 17, 1995.

FOR FURTHER INFORMATION CONTACT:

David L. Pack, Manager of Reservoir

Land Management, Tennessee Valley

Authority, 17 Ridgeway Road, Norris,

Tennessee 37828, (615) 632–1602.

SUPPLEMENTARY INFORMATION: TVA

published the proposed rulemaking in

the Federal Register on October 27 (59

FR 53948–49) and invited comments for

30 days ending November 28, 1994. No

comments were received. Accordingly,

TVA is promulgating this final rule as

proposed.

In order to help ensure that TVA land

management and permitting activities

are self-sustaining to the fullest extent

possible, the agency has determined that

its administrative cost recovery

regulations should be expanded to

include a broader range of use, disposal,

and permitting activities. This

determination is consistent with

national objectives to increase

government efficiency and to recover

the costs of government services from

those who most directly benefit from the

services.

Persons who wish to construct dams,

appurtenant works, or other

obstructions in or along the Tennessee

River system are required by Section

26a of the TVA Act of 1933, as

amended, to obtain TVA’s approval of

plans for the proposed activity prior to

construction. TVA’s administrative cost

recovery regulations previously

provided for recovery of costs of actions

taken by TVA to approve obstructions

constructed without prior approval of

plans. In order to help ensure that the

agency’s entire Section 26a permitting

program is self-sustaining to the fullest

extent possible, the amended

regulations now provide for recovery of

costs of processing permits for proposed

obstructions as well as after-the-fact

permit processing. The responsible TVA

land manager has established standard

permit processing fees that will be

payable upon submission of a permit

application and will be nonrefundable

regardless of whether or not the plans

are approved by TVA.

Initially, the standard application

processing fee for private

noncommercial Section 26a permit

proposals will be $100, and the standard

fee for commercial, industrial, and

public Section 26a permit application

processing will be $500. These fees are

based in part upon a review of costs

incurred by TVA in processing these

permits. In addition, TVA examined

prevailing permit application fees by

conducting a comparative analysis

survey of several other agencies and

utilities. In adjusting application

processing fees and in establishing

standard fees for other applicable

activities, the responsible land manager

will examine average costs incurred in

conducting the various activities.

The amended regulations also provide

for increasing TVA’s administrative fee

for quota deer hunts and quota turkey

hunts at Land Between The Lakes. The

purpose of this fee is to recover the cost

of processing applications, conducting a

computerized drawing, and mailing

notification of selection status. The

hunting fee will increase from $2 to a

range of $5 to $25. This range will allow

TVA to recover increasing costs of

conducting the drawings and hunts, and

allow a range of pricing for special

hunts and drawings.

Applications received prior to March

17, 1995, will be processed under the

regulations in effect at the time of

receipt of the application.

List of Subjects in 18 CFR Part 1310

Government property, Hunting.
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,