Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules 22003

advance notice between the hours of 8

p.m. and 8 a.m. from November through

April

On January 27, 1995, the Coast Guard

published a notice of proposed

rulemaking entitled ‘‘Drawbridge

Operation Regulations; New Rochelle

Harbor, NY’’ in the Federal Register (60

FR 5343), proposing a change in the

operating regulations by permitting the

bridge to remain closed from 1 May

through 31 October between 12

midnight and 8 a.m. and from 1

November through 30 April between 8

p.m. and 8 a.m. The Commander, First

Coast Guard District also circulated this

proposal for comment via Public Notice

1–846 dated April 18, 1995. The Coast

Guard received ninety-eight comments

expressing opposition to the proposal.

The major objection was the fact that

vessels requiring passage during the

nighttime closed periods would be

forced to use the alternate, New

Rochelle Harbor South (back) Channel,

which is considered dangerous for

nighttime passage due to the

shallowness and narrowness of the

channel and the lack of lighted aids to

navigation. No public hearing was

requested and none was held. Based on

the concerns expressed by the marine

public, the Westchester County

Department of Parks revised its request

to modify the drawbridge operating

regulations.

These proposed regulations will

provide the bridge owner relief from

having an operator in constant

attendance at the bridge during periods

of limited opening demand, while

accommodating the navigational needs

of the marine community.

Discussion of Proposed Amendments

The Coast Guard proposes to amend

33 CFR 117 by adding section 117.802

to require two hours advance notice for

bridge openings between the hours of 12

midnight and 6 a.m. from May through

October and twenty-four hours advance

notice between the hours of 8 p.m. and

8 a.m. from November through April.

The Coast Guard also proposes that

bridge owners install and maintain

clearance gauges with figures not less

than twelve inches high on the

upstream and downstream sides of the

bridge.

Regulatory Evaluation

This proposal is not a significant

regulatory action under section 3(f) of

Executive Order 12866 and does not

require an assessment of potential costs

and benefits under section 6(a)(3) of that

order. It has not been reviewed by the

Office of Management and Budget under

that order. It is not significant under the

regulatory policies and procedures of

the Department of Transportation (DOT)

(44 FR 11040; February 26, 1979). The

Coast Guard expects the economic

impact of this final rule to be so

minimal that a full Regulatory

Evaluation under paragraph 10e of the

regulatory policies and procedures of

DOT is unnecessary. The proposed

regulations will not prevent mariners

from passing through the Glen Island

Bridge but just require giving two hours

advance notice of arrival between 12

midnight and 6 a.m. from May through

October and twenty-four hours between

8 p.m. and 8 a.m. from November

through April. This notice requirement

will have minimal economic impact

considering the low frequency of

openings for navigation and the

inactivity of the local marinas, yacht

clubs and boat yards located up and

downstream of the bridge during the

regulated periods. There will be no

impact on vehicular traffic that uses this

bridge.

Small Entities

Under the Regulatory Flexibility Act

(5 U.S.C. 601 et seq.), the Coast Guard

must consider whether this proposal

will have a significant economic impact

on a substantial number of small

entities. ‘‘Small entities’’ may include

(1) small businesses and not-for-profit

organizations that are independently

owned and operated and are not

dominant in their fields and (2)

governmental jurisdictions with

populations of less than 50,000. Because

of the reasons discussed in the

Regulatory Evaluation above, the Coast

Guard finds that the rule will not have

a significant economic impact on a

substantial number of small entitles. If,

however, you think that your business

or organization qualifies as a small

entity and that this rule will have a

significant economic impact on your

business or organization, please submit

a comment (see ADDRESSES) explaining

why you think it qualifies and in what

way and to what degree this rule will

economically affect it.

Collection of Information

This proposed rule contains no

collection of information requirements

under the Paperwork Reduction Act (44

U.S.C. 3501 et seq.).

Federalism

The Coast Guard has analyzed this

proposal under the principles and

criteria contained in Executive Order

12612 and has determined that this

proposed regulation does not have

sufficient federalism implications to

warrant the preparation of a Federalism

Assessment.

Environment

The Coast Guard considered the

environmental impact of this proposal

and concluded that, under paragraph

2.B.2.e(32)(e) of commandant

Instruction M16475.1B, this proposal is

categorically excluded from further

environmental documentation since it is

a proposed promulgation of a

drawbridge operating regulation.

List of Subjects in 33 CFR Part 117

Bridges.

Proposed Regulations

For the reasons set out in the

preamble, the Coast Guard proposes to

amend 33 CFR 117 as follows:

PART 117—DRAWBRIDGE

OPERATION REGULATIONS

1. The authority citation for part 117

continues to read as follows:

Authority: 33 U.S.C. 449; 49 CFR 1.46; 33

CFR 1.05–1(g); section 117.255 also issued

under the authority of Pub. L. 102–587, 106

Stat. 5039.

2. Section 117.802 is added to read as

follows:

§ 117.802 New Rochelle Harbor.

(a) The draw of the Glen Island

Bridge, mile 0.8, at new Rochelle, New

York, shall open on signal, except as

follows:

(1) two hours advance notice shall be

given for openings from 12 midnight to

6 a.m. from May 1st through October

31st.

(2) twenty-four hours advance notice

shall be given for openings from 8 p.m.

to 8 a.m. from November 1st through

April 30th.

(b) The owner of the bridge shall

provide and keep in good legible

condition clearance gauges with figures

not less than 12 inches high designed,

installed, and maintained according to

the provisions of section 118.180.

Dated: April 30, 1996.

J.L. Linnon,

Rear Admiral, U.S. Coast Guard, Commander,

First Coast Guard District.

[FR Doc. 96–11905 Filed 5–10–96; 8:45 am]

BILLING CODE 4910–14–M
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