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Federal Register / Vol. 63, No.

149 / Tuesday, August 4, 1998 / Notices 41599

least the same measure of protection as has filed a petition to modify the LIBRARY OF CONGRESS
would the mandatory standard. application of 30 CFR 57.12016 (work
on electrically powered equipment) to Copyright Office
15. Dandy Mining Company, Inc.
its Henderson Mine (I.D. No. 05–00790)
[Docket No. M–98–52–C] located in Clear Creek County, [Docket No. RM 98–6]
Dandy Mining Company, Inc., P.O. Colorado. The petitioner requests a
Box 917, Gilbert, West Virginia 25621 modification of the standard to permit Cable Compulsory License: Specialty
has filed a petition to modify the an alternative method of compliance Station List
application of 30 CFR 75.364(a)(1) and with the requirements for lockout of AGENCY: Copyright Office, Library of
(b)(2) (weekly examination) to its No. 1 equipment. The petitioner proposes to Congress.
Mine (I.D. No. 46–08307) located in perform all lockout steps in the crusher
Logan County, West Virginia. The ACTION: Request for information.
control room except the lockout of the
petitioner requests temporary conveyor belt pullcord; to have the SUMMARY: The Copyright Office is
modification of the standard to the compiling a new specialty station list to
crusher operator remotely open two
extent that complying with the standard identify commercial television
power contactor/breakers for each drive
would put an examiner in an unsafe broadcast stations which, according to
motor, turn the VFC off and disable all
situation when traveling certain areas of their owners, qualify as specialty
the return air course due to deteriorating local control power for these contactor/
breakers, and have an auxiliary stations for purposes of the former
roof and conditions. The petitioner distant signal carriage rules of the
intends to mine parallel and mine into contactor on each breaker or contactor
that would indicate whether each Federal Communications Commission
the affected area in approximately 6 (FCC). Lists were published in 1990 and
months and seal the area according to device has opened; to disable the mill
operator control and the potential in 1995, at which time we stated that
MSHA requirements and West Virginia the specialty station list would be
State Law. The petitioner proposes to network control hardware; to have
persons desiring a lockout to activate a revised approximately every three years.
establish evaluation points to monitor Accordingly, the Copyright Office is
movement of air going into and pullcord switch and lock the switch
again requesting all interested owners of
returning from the affected area. The with a lockout lock; to give an
television broadcast stations that qualify
petitioner states that if the affected area indication to the crusher operator that
as specialty stations, including those
is sealed according to MSHA the last pullcord switch has been that previously filed affidavits, to
requirement, when mining into the deactivated; to have the crusher submit sworn affidavits to the Copyright
affected area, the West Virginia Law operator try to start the belt to ensure Office stating that the programming of
would require mine rescue teams to be that starting the belt system is not their stations meets certain
present and operate equipment under possible before declaring the belt system requirements under the FCC regulations
oxygen to mine into sealed areas which locked out; and to have the crusher in effect on June 24, 1981.
would create a hazard to the miners. operator physically guard the PLC in the
The petitioner asserts that the proposed DATES: Affidavits should be received on
control room or lock the control room or before October 5, 1998.
alternative method would provide at with a lockout lock. The petitioner
least the same measure of protection as ADDRESSES: If sent by mail, submit the
asserts that the proposed alternative
would the mandatory standard. sworn affidavit to: David O. Carson,
method would provide at least the same General Counsel, Copyright GC/I&R,
16. Chemical Lime Company measure of protection as would the P.O. Box 70400, Southwest Station,
[Docket No. M–98–02–M] mandatory standard. Washington, DC 20024. If hand
Chemical Lime Company, P.O. Box Request for Comments delivered, bring the document to: Office
479, Montevallo, Alabama 35115 has of the General Counsel, U.S. Copyright
filed a petition to modify the Persons interested in these petitions Office, James Madison Memorial
application of 30 CFR 56.6306 (loading, are encouraged to submit comments via Building, Room LM–403, First and
blasting, and security) to its O’Neal e-mail to ‘‘comments@msha.gov’’, or on Independence Avenue, SE.,
Quarry (I.D. No. 01–00003) located in a computer disk along with an original Washington, DC 20559–6000.
Shelby County, Alabama. The petitioner hard copy to the Office of Standards, FOR FURTHER INFORMATION CONTACT:
proposes to load explosives to within Regulations, and Variances, Mine Safety David O. Carson, General Counsel, or
one hole of the hole being drilled during and Health Administration, 4015 Tanya M. Sandros, Attorney Advisor,
the drilling cycle of overburden Wilson Boulevard, Room 627, Copyright GC/I&R, P.O. Box 70400,
removal. The petitioner asserts that Arlington, Virginia 22203. All Southwest Station, Washington, DC
application of the standard as it applies comments must be postmarked or 20024. Telephone (202) 707–8380 or
to the overburden blasting at the O’Neal received in that office on or before Telefax (202) 707–8366.
Quarry will create a diminution of September 3, 1998. Copies of these SUPPLEMENTARY INFORMATION:
safety to the miners and to the drilling petitions are available for inspection at
and blasting contractors. In addition, the Why Would a Broadcast Station Seek
that address. Specialty Station Status?
petitioner asserts that the proposed
alternative method would provide at Dated: July 27, 1998.
Specialty station status is significant
least the same measure of protection as Patricia W. Silvey, in the administration of the cable
would the mandatory standard. Director, Office of Standards, Regulations, compulsory license. 17 U.S.C. 111. The
and Variances. licensing system indirectly allows a
17. Climax Molybdenum Company
[FR Doc. 98–20763 Filed 8–3–98; 8:45 am] cable operator to carry the signal of a
[Docket No. M–98–03–M] BILLING CODE 4510–43–P television station classified as a
Climax Molybdenum Company, One specialty station at the base rate for
Oxford Centre, 301 Grant Street, 20th ‘‘permitted’’ signals. See 49 FR 14944
Floor, Pittsburgh, Pennsylvania 15219 (April 16, 1984); 37 CFR 256.2(c).
41600 Federal Register / Vol. 63, No. 149 / Tuesday, August 4, 1998 / Notices

What is a Specialty Station? second list was published in 1995. 60 Dated: July 28, 1998.
The FCC regulations in effect on June FR 34303 (June 30, 1995). With this Marybeth Peters,
24, 1981, defined a specialty station as notice, the Copyright Office is initiating Register of Copyrights.
‘‘a commercial television broadcast the procedure for the compilation and [FR Doc. 98–20737 Filed 8–3–98; 8:45 am]
station that generally carries foreign- publication of the third specialty station BILLING CODE 1410–30–P
language, religious, and/or automated list.
programming in one-third of the hours Does This Notice Require Action on the
of an average broadcast week and one- Part of an Owner of a Television
third of the weekly prime-time hours.’’ NUCLEAR REGULATORY
Broadcast Station? COMMISSION
47 CFR 76.5(kk) (1981).
How is a Station Deemed To Be a Yes, we are requesting that the owner, [Docket No. 50–440]
Specialty Station? 1 or a valid agent of the owner, of any
eligible television broadcast station Notice of Consideration of Approval of
Under a procedure adopted by the submit an affidavit to the Copyright
Copyright Office in 1989, see 54 FR Transfer of License and Issuance of
Office stating that he or she believes that Amendment to Facility Operating
38461 (September 18, 1989), an owner
the station qualifies as a specialty License, Proposed No Significant
or licensee of a broadcast station files a
station under 47 CFR 76.5(kk) (1981), Hazards Consideration Determination,
sworn affidavit attesting that the
the FCC’s former rule defining and Opportunity for a Hearing; The
station’s programming comports with
the 1981 FCC definition, and hence, ‘‘specialty station.’’ The affidavit must Cleveland Electric Illuminating
qualifies as a specialty station. A list of be certified by the owner or an official Company, Centerior Service Company,
the stations filing affidavits is then representing the owner. Duquesne Light Company, Ohio
published in the Federal Register in Affidavits are due within 60 days of Edison Company, OES Nuclear, Inc.,
order to allow any interested party to the publication of this notice in the Pennsylvania Power Company, Toledo
file an objection to an owner’s claim of Federal Register. There is no specific Edison Company
specialty station status for the listed format for the affidavit; however, the The U.S. Nuclear Regulatory
station. Once the period to file affidavit must confirm that the station Commission (the Commission) is
objections closes, we publish a final list owner believes that the station qualifies considering the issuance of an order
which includes references to the as a specialty station under the 1981 under 10 CFR 50.80 approving the
specific objections filed against a FCC rule. transfer of Facility Operating License
particular station owner’s claim. In Notwithstanding the above, any No. NPF–58 issued to The Cleveland
addition, affidavits that are submitted affidavit submitted to the Copyright Electric Illuminating Company,
after the close of the filing period are Office within the 45-day period prior to Centerior Service Company, Toledo
accepted and kept on file at the Edison Company, Ohio Edison
publication of this notice need not be
Copyright Office. Company, Pennsylvania Power
The staff of the Copyright Office, resubmitted to the Office. Any affidavit
filed during this 45-day period shall be Company, OES Nuclear, Inc., and
however, does not verify the specialty
considered timely filed for purposes of Duquesne Light Company (the
station status of any station listed in an
this notice. licensees) with respect to operating
affidavit.
authority thereunder for the Perry
How Does the Staff of the Copyright What Happens After the Affidavits Are Nuclear Power Plant, Unit No.1, located
Office Use the List? Filed With the Copyright Office? in Lake County, Ohio, and considering
Copyright Office licensing examiners Once the period for filing the issuance of a conforming amendment
refer to the final annotated list in affidavits closes, we will compile and under 10 CFR 50.90.
examining a statement of account where The proposed transfer of operating
publish in the Federal Register a list of
a cable system operator claims that authority under the license would
the stations identified in the affidavits.
particular stations are specialty stations. authorize a new operating company,
At the same time, we will solicit
If a cable system operator claims called the FirstEnergy Nuclear
comment from any interested party as to
specialty station status for a station not Operating Company, to use and operate
whether or not particular stations on the
on the final list, the examiner the Perry Nuclear Power Plant and to
list qualify as specialty stations.
determines whether the owner of the possess and use related licensed nuclear
Thereafter, a final list of the specialty
station has filed an affidavit since materials in accordance with the same
stations that includes references to any
publication of the list. conditions and authorizations included
objections filed to a station’s claim will
in the current operating license. The
How Often Has the Copyright Office be published in the Federal Register.
FirstEnergy Nuclear Operating Company
Published Specialty Station Lists? In addition, affidavits that, for good would be formed by FirstEnergy
The Copyright Office compiled and cause shown, are submitted after the Corporation, the corporate parent of the
published its first specialty station list close of the filing period will be licensees except for Duquesne Light
in 1990, together with an announcement accepted and kept on file at the Company, to become the licensed
of its intention to update the list Copyright Office. Affidavits received in operator for the Perry Nuclear Power
approximately every three years in order this manner will be accepted with the Plant and would have exclusive control
to maintain as current a list as possible. understanding that the owners of those over the operation and maintenance of
55 FR 40021 (October 1, 1990). Its stations will resubmit affidavits when the facility. The license would be
the Office next formally updates the amended to reflect the transfer of
1 Originally, the FCC identified whether a station specialty station list. An interested party authority under the license. After
qualified as a specialty station, but after it deleted may file an objection to any late-filed issuance of the transfer order and
its distant signal carriage rules, it discontinued this
practice. See Malrite T.V. of New York v. FCC, 652
affidavit. Such objections shall be kept conforming license amendment, the
F2d 1140 (2d Cir. 1981), cert. denied, 454 U.S. 1143 on file in the Copyright Office together owners of the facility will be authorized
(1982). with the corresponding affidavit. only to possess the facility and