22004 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules

LIBRARY OF CONGRESS

Copyright Office

37 CFR Chapter II

[Docket No. RM 96–3]

Notice and Recordkeeping for

Subscription Digital Transmissions

AGENCY: Copyright Office, Library of

Congress.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Copyright Office of the

Library of Congress is requesting

comments on the requirements by

which copyright owners shall receive

reasonable notice of the use of their

works from subscription digital

transmission services, and how records

of such use shall be kept and made

available to copyright owners. The

regulations are required to be adopted

by the Digital Performance Right in

Sound Recordings Act of 1995, and are

intended to ensure proper payment to

copyright owners.

DATES: Comments are due July 12, 1996.

Reply comments are due August 12,

1996.

ADDRESSES: An original and fifteen

copies of the comments shall be

delivered to: Office of General Counsel,

The Copyright Office, LM–407, The

Madison Building, 101 Independence

Avenue SE., Washington, D.C., or

mailed to: Marilyn J. Kretsinger, Acting

General Counsel, Copyright GC/I&R,

P.O. Box 70400, Southwest Station,

Washington, D.C. 20024.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Acting General

Counsel, or William J. Roberts, Senior

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

70400, Southwest Station, Washington,

D.C. 20024. Telephone: (202) 707–8380.

Telefax: (202) 707–8366.

SUPPLEMENTARY INFORMATION:

Background

On November 1, 1995, Congress

enacted the Digital Performance Right in

Sound Recordings Act of 1995. Pub. L.

104–39, 109 Stat. 337 (1995). Among

other things, it created a new

compulsory copyright license that is

paid by nonexempt subscription digital

transmission services to the copyright

owners of sound recordings. 17 U.S.C.

114(f). Congress directed the Librarian

of Congress to establish regulations by

which the entities availing themselves

of this new license would keep records

of their use, make the records available

to the copyright owners, and give notice

to the copyright owners of the use of

their works.

The Sec. 114 License for Nonexempt

Subscription Digital Transmissions

Services

The Digital Performance Right in

Sound Recordings Act gave to copyright

owners of sound recordings an

exclusive right to perform their works

by means of a digital audio

transmission. Certain digital

transmissions were exempted from the

scope of this right, 17 U.S.C. 114(d)(1),

while certain subscription digital

transmission services were given the

opportunity to qualify for a compulsory

license. 17 U.S.C. 114(d)(2).

A nonexempt subscription digital

transmission qualifies for a compulsory

license if the transmission is not part of

an interactive service, does not exceed

the sound recording performance

complement, does not give an advance

program schedule or prior

announcements of the titles to be

performed, does not automatically cause

the receiving device to switch

automatically from one program

channel to another, and includes, if the

copyright owner wants it, encoded

information that identifies the title, the

featured artist, and related information.

17 U.S.C. 114(d)(2).

If a service offering subscription

digital transmissions qualifies for the

compulsory license, it has the choice of

reaching a voluntary agreement with the

owners of the sound recordings it

wishes to use, or, failing that, it may

petition the Librarian of Congress to

convene a copyright arbitration royalty

panel (CARP) to set the rates and terms

of the compulsory license. 17 U.S.C.

114(f). The terms and rates set by a

CARP will be applicable to all

subscription digital transmission

services not subject to a voluntary

agreement. However, the above

mentioned requirements for notice and

recordkeeping are to be set by the

Librarian, not the CARP. 17 U.S.C.

114(f)(2).

On December 1, 1995, the Copyright

Office and the Library of Congress

initiated the six month period for

negotiating the rates and terms for a

compulsory license for subscription

digital transmission services. 60 FR

61655 (Dec. 1, 1995). The period will

run until June 1, 1996, after which the

parties have 60 days to petition the

Librarian to convene a CARP to set the

rates and terms for those entities who

have not reached voluntary agreements.

In the meantime, any person who

wishes to perform a sound recording

publicly by means of a nonexempt

subscription transmission may do so

without infringing the rights of the

copyright owner of the sound recording

by complying with the notice

requirements set by the Librarian of

Congress and agreeing to pay the royalty

fees as they are determined. 17 U.S.C.

114(f)(5).

This notice requirement, however, is

an affirmative duty placed on the digital

transmission subscription services to

provide reasonable notice to the

copyright owners of the use of their

sound recordings. 17 U.S.C. 114(f)(2).

Therefore, it is important for the

Copyright Office and the Library of

Congress to begin this rulemaking to

establish the notice and recordkeeping

requirements so that persons wishing to

abide by section 114(f)(5) may do so.

Although we do not propose any

specific regulatory language,

commentators should consider both the

adequacy of the notice to the copyright

owners of the sound recordings and the

administrative burdens placed on the

digital transmission services in

providing notice and maintaining

records of use.

Dated: May 3, 1996.

Recommended by:

Marybeth Peters,

Register of Copyrights.

Approved by:

James H. Billington,

The Librarian of Congress.

[FR Doc. 96–11926 Filed 5–10–96; 8:45 am]

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5504–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to delete the

Alaskan Battery Enterprises Site from

the National Priorities List Update:

Request for comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region 10 announces its

intent to delete the Alaskan Battery

Enterprises Site (Site) from the National

Priorities List (NPL) and requests public

comment on this proposed action. The

NPL constitutes Appendix B of 40 CFR

part 300 which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), which EPA

promulgated pursuant to Section 105 of

the Comprehensive Environmental

Response, Compensation, and Liability
Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules 22005

Act (CERCLA) of 1980, as amended.

EPA and the State of Alaska Department

of Environmental Conservation (ADEC)

have determined that this Site poses no

significant threat to public health or the

environment and, therefore, further

remedial measures pursuant to CERCLA

are not appropriate.

DATES: Comments concerning this Site

may be submitted on or before June 12,

1996.

ADDRESSES: Comments may be mailed

to: Keith Rose, U. S. Environmental

Protection Agency, 1200 Sixth Avenue,

Mail Stop: ECL–111, Seattle,

Washington 98101.

Comprehensive information on this

Site is available through the Region 10

public docket which is available for

viewing at the Alaskan Battery

Enterprises Site information repositories

at the following locations:

Alaska Department of Environmental

Conservation, Attn: Jeffrey Peterson,

610 University Avenue, Fairbanks,

Alaska 99709–3643

U.S. Environmental Protection Agency,

Region 10, Environmental Cleanup

Office—Records Center, Attn: Lynn

Williams, 1200 Sixth Avenue, Seattle,

Washington 98101.

FOR FURTHER INFORMATION CONTACT:

Keith Rose, U.S. EPA, 1200 Sixth

Avenue, Mail Stop: ECL–111, Seattle,

Washington 98101, (206) 553–7721.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis of Intended Site Deletion

I. Introduction

The Environmental Protection Agency

(EPA) Region 10 announces its intent to

delete a site from the National Priorities

List (NPL), Appendix B of the National

Oil and Hazardous Substances

Contingency Plan (NCP), 40 CFR Part

300, and requests comments on this

deletion. Sites listed on the NPL are

those which present a significant risk to

human health or the environment. As

described in Section 300.425(e)(3) of the

NCP, sites deleted from the NPL remain

eligible for Fund-financed remedial

actions in the unlikely event that

conditions at the site warrant such

actions.

EPA plans to delete the Alaskan

Battery Enterprises Site at 157 Old

Richardson Highway, Fairbanks, Alaska

99709, from the NPL. EPA will accept

comments on the plan to delete this Site

for thirty days after publication of this

notice in the Federal Register.

Section II of this notice explains the

criteria for deleting sites from the NPL.

Section III discusses procedures that

EPA is using for this action. Section IV

discusses the Alaskan Battery

Enterprises Site and explains how this

site meets the deletion criteria.

II. NPL Deletion Criteria

Section 300.425(e) of the NCP

provides that sites, where a release of

hazardous substances has occurred, may

be deleted from, or recategorized on the

NPL, where no further response is

appropriate. In making a determination

to delete a site from the NPL, EPA shall

consider, in consultation with the state,

whether any of the following criteria

have been met:

(i) Responsible parties or other persons

have implemented all appropriate response

actions required;

(ii) All appropriate Fund-financed

responses under CERCLA have been

implemented, and no further action by

responsible parties is appropriate, or

(iii) The remedial investigation has shown

that the release poses no significant threat to

public health or the environment and,

therefore, taking of remedial measures is not

appropriate.

Even if a site is deleted from the NPL,

where hazardous substances, pollutants,

or contaminants remain at the site above

levels that allow for unlimited use and

unrestricted exposure, EPA’s policy is

that a subsequent review of the site will

be conducted at least every five years

after the initiation of the remedial action

at the site to ensure that the site remains

protective of public health and the

environment. In the case of this Site,

where hazardous substances are not

above health based levels and future

access does not require restriction,

operation and maintenance activities

and five-year reviews will not be

conducted. However, if new information

becomes available which indicates a

need for further action, EPA may initiate

remedial actions. Whenever there is a

significant release from a site deleted

from the NPL, the site may be restored

to the NPL without the application of

the Hazard Ranking System.

III. Deletion Procedures

The following procedures were used

for the intended deletion of this Site: (1)

EPA Region 10 issued a Record of

Decision (ROD) which documented that

no further action was necessary because

cleanup goals had been achieved

through removal actions prior to the

ROD; (2) ADEC concurred with the

proposed deletion decision; (3) A notice

has been published in the local

newspaper and has been distributed to

appropriate federal, state, and local

officials and other interested parties

announcing the commencement of a 30-

day public comment period on EPA’s

Notice of Intent to Delete; and, (4) All

relevant documents have been made

available for public review in the local

Site information repositories.

Deletion of the Site from the NPL does

not itself create, alter, or revoke any

individual rights or obligations. The

NPL is designed primarily for

informational purposes to assist Agency

management. As mentioned in Section

II of this Notice, 40 CFR 300.425(e)(3)

states that deletion of a site from the

NPL does not preclude eligibility for

future Fund-financed response actions.

For deletion of this Site, EPA’s

Regional Office will accept and evaluate

public comments on EPA’s Notice of

Intent to Delete before making a final

decision to delete. If necessary, the

Agency will prepare a Responsiveness

Summary if any significant public

comments are addressed.

A deletion occurs when the Regional

Administrator places a final notice in

the Federal Register. Generally, the NPL

will reflect deletions in the final update

following the Notice. Public notices and

copies of the Responsiveness Summary

will be made available to local residents

by the Regional office.

IV. Basis for Intended Site Deletion

The following Site summary provides

the Agency’s rationale for the intention

to delete this Site from the NPL.

A. Site Background

The Alaskan Battery Enterprises

(ABE) facility was a 0.5 acre battery

recycling facility located at 157 Old

Richardson Highway at the southern

edge of Fairbanks, Alaska. The area

surrounding the site is primarily mixed

residential and light commercial

property.

B. Site History

The facility conducted battery

recycling and manufacturing operations

of automobile batteries from 1961 until

about 1992. During its operation,

crushed battery casings were used as fill

material in low-lying areas of the ABE

property and in the construction of the

septic cribs along the southern property

boundary. Used battery acid was also

discharged directly to the ground on the

ABE property.

Investigations conducted by the

Alaska Department of Transportation

(ADOT) in 1986, and by the EPA

technical Assistance Team in 1988,

identified high levels of lead

contamination in soil on the ABE

property and on the adjacent right-ofway owned by ADOT. In August 1988,

EPA initiated an emergency removal

action at the Site. Soils with lead
22006 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules

concentrations in excess of 1,000 mg/kg

were excavated and disposed of at an

off-site hazardous waste disposal

facility. Excavation was completed in

the summer of 1989 with a total of 3,760

cubic yards of contaminated soil

removed and disposed off-site.

Excavated areas were backfilled with

clean soil.

In the summer of 1991 EPA initiated

a Remedial Investigation (RI) for the

Site. The results of the RI indicated that

there were two locations in the surface

soil and one location in the subsurface

soil where lead concentrations still

posed a potential human health risk.

Groundwater sampling conducted

during the RI found elevated lead

concentrations in unfiltered samples,

but lead was not detected in filtered

samples, indicating that lead was bound

to soil particles and not mobile in the

groundwater.

In the spring of 1992 the ABE site was

selected for the demonstration of an

innovative soil washing technology by

EPA’s Superfund Innovative

Technology Evaluation (SITE) Program.

All soil containing lead concentrations

exceeding 1,000 mg/kg, which was a

total of about 130 cubic yards, was

excavated and treated by the soil

washing system. Treated soil which met

the cleanup goal was backfilled into the

excavated areas, and soil which did not

meet the cleanup goal was sent to an offsite disposal facility.

EPA completed the RI, a Human

Health Risk Assessment, and Feasibility

Study (FS) for the Site in August, 1992.

A Record of Decision (ROD) for the Site,

which declared that no further action

was necessary, was signed on March 2,

1993. However, the ROD specified that

two years of groundwater monitoring

would be required to verify that

groundwater at the Site was not

contaminated with lead at levels which

would pose a human health risk. This

groundwater monitoring program,

which was completed in September

1995, determined that lead

concentrations in the groundwater were

below EPA’s drinking water standard of

15 μg/kg, and therefore the groundwater

did not pose a human health risk.

During the removal activities at this

Site, EPA kept the community informed

of its cleanup actions primarily through

fact sheets, newspaper articles, and

personal communications with EPA’s

On-Scene Coordinator. Following the

removal action, EPA representatives met

with local officials, congressional

representatives, the facility owner, and

members of the community on

numerous occasions to identify

community concerns to support

development of a Community Relations

Plan, and to explain EPA’s process for

conducting a further investigation of the

Site. EPA representatives also met

several times with the Potentially

Responsible Parties to discuss their

potential liability for cleanup costs at

the Site. A Proposed Plan for the Site,

which called for no further cleanup

action, was issued on October 29, 1992,

and subject to public comment for 30

days. This Proposed Plan was mailed to

individuals on EPA’s mailing list and

was also announced in a local

newspaper notice. EPA also held a

public meeting on the Proposed Plan in

Fairbanks. In general, those who

commented on the Proposed Plan

supported EPA’s no further action

decision. EPA responded to all

comments received in the

Responsivesness Summary, which is

attached to the ROD.

C. Characterization of Site Risk

Based on data collected during the RI,

a risk assessment was conducted to

identify exposure pathways and

potential human health risks resulting

from exposure to lead contamination

remaining on-site after the removal

actions conducted in 1988–89. The

potential pathways for human health

exposure to lead contamination at the

Site were accidental ingestion of soil

and ingestion of groundwater. A model

was used to determine that a lead

cleanup goal of 490 mg/kg for surface

soil would be protective of potentially

exposed children. For subsurface soils,

EPA determined that a cleanup goal of

1,000 mg/kg, which was based on an

industrial exposure, would be protective

of workers who might be exposed to

contaminated soil for a short duration.

A risk assessment was not conducted for

ingestion of lead in groundwater

because a federal drinking water

standard (15 ug/kg) already existed

which was protective of human health.

Confirmational monitoring of soil and

groundwater demonstrate that no

significant risk to public health or the

environment is posed by residual lead

contamination remaining at the Site.

Long-term operation and maintenance

activities are not required at the Site.

Based on the actions taken at the Site

prior to the ROD, EPA and ADEC

believe that hazardous substances have

been removed from the Site so as to

allow for unlimited use and unrestricted

exposure within the Site, that

conditions at the Site are protective of

public health and the environment, and

that no further remedial action or

institutional controls are needed at the

Site. Accordingly, EPA will not conduct

‘‘five-year reviews’’ at this Site.

One of the three criteria for deletion

specifies that EPA may delete a site

from the NPL if ‘‘all appropriate Fundfinanced response under CERCLA has

been implemented, and no further

action by responsible parties is

appropriate.’’ EPA, with concurrence of

ADEC, believes that this criterion for

deletion has been met. The groundwater

and soil data confirm that the ROD goals

have been met. It is concluded that there

is no significant threat to public health

or the environment and, therefore, no

further remedial action is necessary.

Subsequently, EPA is proposing

deletion of this Site from the NPL.

Documents supporting this action are

available from the docket.

Dated: April 30, 1996.

Chuck Clarke,

Regional Administrator, Region 10.

[FR Doc. 96–11757 Filed 5–10–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5504–1]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Intent to Delete Martin

Marietta Aluminum Company from the

National Priorities List Update: Request

for Comments.

SUMMARY: The Environmental Protection

Agency (EPA), Region 10, announces its

intent to delete the Martin Marietta Site

from the National Priorities List (NPL)

and requests public comment on this

proposed action. The NPL constitutes

Appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), which EPA promulgated

pursuant to Section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended.

EPA and the State of Oregon

Department of Environmental Quality

(DEQ) have determined that the Site

poses no significant threat to public

health or the environment and,

therefore, further remedial measures

pursuant to CERCLA are not

appropriate.

DATES: Comments concerning this Site

may be submitted on or before June 12,

1996.

ADDRESSES: Comments may be mailed

to: Howard Orlean, Environmental

Protection Agency, 1200 Sixth Avenue,