Revisions to the California State Implementation Plan, Great Basin Unified Air Pollution Control District and Mojave Desert Air Quality Management District, 61588-61589 [E7-21320]
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61588
Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Proposed Rules
during the ordinary course of
employment, require access to the
records; and
(2) An independent and qualified
auditor who is not an employee or
officer of a sound recording copyright
owner or performing artist, but is
authorized to act on behalf of the
interested copyright owners with
respect to the verification of the royalty
payments.
(3) Copyright owners and performers
whose works have been used under the
statutory licenses set forth in 17 U.S.C.
112(e) and 114(f) by the Licensee whose
Confidential Information is being
supplied, or agents thereof, subject to an
appropriate confidentiality agreement,
provided that the sole confidential
information that may be shared
pursuant to this paragraph (d)(3) are the
monthly statements of accounts that
accompany royalty payments.
(e) The Collective or any person
identified in paragraph (d) of this
section shall implement procedures to
safeguard all confidential financial and
business information, including, but not
limited to royalty payments, submitted
as part of the statements of account,
using a reasonable standard of care, but
no less than the same degree of security
used to protect confidential financial
and business information or similarly
sensitive information belonging to the
Collective or such person.
(f) Books and records relating to the
payment of the license fees shall be kept
in accordance with generally accepted
accounting principles for a period of
three years. These records shall include,
but are not limited to, the statements of
account, records documenting an
interested party’s share of the royalty
fees, and the records pertaining to the
administration of the collection process
and the further distribution of the
royalty fees to those interested parties
entitled to receive such fees.
rwilkins on PROD1PC63 with PROPOSALS-1
§ 382.5 Verification of statements of
account.
(a) General. This section prescribes
general rules pertaining to the
verification of the statements of account
by interested parties according to terms
promulgated by the Copyright Royalty
Board.
(b) Frequency of verification.
Interested parties may conduct a single
audit of a nonexempt preexisting
subscription service during any given
calendar year.
(c) Notice of intent to audit. Interested
parties must submit a notice of intent to
audit a particular service with the
Copyright Royalty Board, which shall
publish in the Federal Register a notice
announcing the receipt of the notice of
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17:11 Oct 30, 2007
Jkt 214001
intent to audit within 30 days of the
filing of the interested parties’ notice.
Such notification of intent to audit shall
also be served at the same time on the
party to be audited.
(d) Retention of records. The party
requesting the verification procedure
shall retain the report of the verification
for a period of three years.
(e) Acceptable verification procedure.
An audit, including underlying
paperwork, which was performed in the
ordinary course of business according to
generally accepted auditing standards
by an independent auditor, shall serve
as an acceptable verification procedure
for all parties.
(f) Costs of the verification procedure.
The interested parties requesting the
verification procedure shall pay for the
cost of the verification procedure,
unless an independent auditor
concludes that there was an
underpayment of five (5) percent or
more; in which case, the service which
made the underpayment shall bear the
costs of the verification procedure.
(g) Interested parties. For purposes of
this section, interested parties are those
copyright owners who are entitled to
receive royalty fees pursuant to 17
U.S.C. 114(g), their designated agents, or
the Collective.
§ 382.6
Verification of royalty payments.
(a) General. This section prescribes
general rules pertaining to the
verification of the payment of royalty
fees to those parties entitled to receive
such fees, according to terms
promulgated by the Copyright Royalty
Board.
(b) Frequency of verification.
Interested parties may conduct a single
audit of the Collective during any given
calendar year.
(c) Notice of intent to audit. Interested
parties must submit a notice of intent to
audit the entity making the royalty
payment with the Copyright Royalty
Board, which shall publish in the
Federal Register a notice announcing
the receipt of the notice of intent to
audit within 30 days of the filing of the
interested parties’ notice. Such
notification of interest shall also be
served at the same time on the party to
be audited.
(d) Retention of records. The
interested party requesting the
verification procedure shall retain the
report of the verification for a period of
three years.
(e) Acceptable verification procedure.
An audit, including underlying
paperwork, which was performed in the
ordinary course of business according to
generally accepted auditing standards
by an independent auditor, shall serve
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Fmt 4702
Sfmt 4702
as an acceptable verification procedure
for all interested parties.
(f) Costs of the verification procedure.
The interested parties requesting the
verification procedure shall pay for the
cost of the verification procedure,
unless an independent auditor
concludes that there was an
underpayment of five (5) percent or
more, in which case, the entity which
made the underpayment shall bear the
costs of the verification procedure.
(g) Interested parties. For purposes of
this section, interested parties are those
who are entitled to receive royalty
payments pursuant to 17 U.S.C.
114(g)(2), or their designated agents.
§ 382.7
Unknown copyright owners.
If the Collective is unable to identify
or locate a copyright owner or performer
who is entitled to receive a royalty
distribution under this part, the
Collective shall retain the required
payment in a segregated trust account
for a period of 3 years from the date of
distribution. No claim to such
distribution shall be valid after the
expiration of the 3-year period. After
expiration of this period, the Collective
may apply the unclaimed funds to offset
any costs deductible under 17 U.S.C.
114(g)(3). The foregoing shall apply
notwithstanding the common law or
statutes of any State.
Dated: October 26, 2007.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E7–21473 Filed 10–30–07; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2007–0459; FRL–8487–7]
Revisions to the California State
Implementation Plan, Great Basin
Unified Air Pollution Control District
and Mojave Desert Air Quality
Management District
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
revisions to the Great Basin Unified Air
Pollution Control District (GBUAPCD)
and Mojave Desert Air Quality
Management District (MDAQMD)
portions of the California State
Implementation Plan (SIP). Under
authority of the Clean Air Act as
amended in 1990 (CAA or the Act), we
are proposing to approve local rules that
E:\FR\FM\31OCP1.SGM
31OCP1
rwilkins on PROD1PC63 with PROPOSALS-1
Federal Register / Vol. 72, No. 210 / Wednesday, October 31, 2007 / Proposed Rules
concern particulate matter (PM–10)
emissions from wood burning
appliances and open outdoor burning.
DATES: Any comments on this proposal
must arrive by November 30, 2007.
ADDRESSES: Submit comments,
identified by docket number EPA–R09–
OAR–2007–0459, by one of the
following methods:
• Federal eRulemaking Portal:
www.regulations.gov. Follow the on-line
instructions.
• E-mail: steckel.andrew@epa.gov.
• Mail or deliver: Andrew Steckel
(Air-4), U.S. Environmental Protection
Agency Region IX, 75 Hawthorne Street,
San Francisco, CA 94105.
Instructions: All comments will be
included in the public docket without
change and may be made available
online at www.regulations.gov,
including any personal information
provided, unless the comment includes
Confidential Business Information (CBI)
or other information whose disclosure is
restricted by statute. Information that
you consider CBI or otherwise protected
should be clearly identified as such and
should not be submitted through
www.regulations.gov or e-mail.
www.regulations.gov is an ‘‘anonymous
access’’ system, and EPA will not know
your identity or contact information
unless you provide it in the body of
your comment. If you send e-mail
directly to EPA, your e-mail address
will be automatically captured and
included as part of the public comment.
If EPA cannot read your comment due
to technical difficulties and cannot
contact you for clarification, EPA may
not be able to consider your comment.
Docket: The index to the docket for
this action is available electronically at
www.regulations.gov and in hard copy
at EPA Region IX, 75 Hawthorne Street,
San Francisco, California. While all
documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Al
Petersen, Permits Office (AIR–4), U.S.
Environmental Protection Agency,
Region IX, (415) 947–4118,
petersen.alfred@epa.gov.
SUPPLEMENTARY INFORMATION: This
proposal addresses the approval of
GBUAPCD Rules 405 and 431 and
MDAQMD Rule 444. In the Rules and
Regulations section of this Federal
Register, we are approving these local
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17:11 Oct 30, 2007
Jkt 214001
rules in a direct final action without
prior proposal because we believe this
SIP revision is not controversial. If we
receive adverse comments, however, we
will publish a timely withdrawal of the
direct final rule and address the
comments in subsequent action based
on this proposed rule.
Please note that if EPA receives
adverse comment on an amendment,
paragraph, or section of this rule and if
that provision may be severed from the
remainder of the rule, EPA may adopt
as final those provisions of the rule that
are not the subject of an adverse
comment.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
Dated: August 22, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E7–21320 Filed 10–30–07; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2007–0227–200722(b);
FRL–8488–4]
Approval and Promulgation of
Implementation Plans; North Carolina:
State Implementation Plan Revisions
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: EPA is proposing to approve
the State Implementation Plan (SIP)
revisions submitted by the State of
North Carolina, through the North
Carolina Department of Environment
and Natural Resources (NCDENR), on
February 8, 2007. The submittal
encompasses revisions to NCDENR
regulations ‘‘General Recordkeeping and
Reporting Requirements,’’ ‘‘Bulk
Gasoline Terminals,’’ and ‘‘Gasoline
Truck Tanks and Vapor Collections.’’
This action is being taken pursuant to
section 110 of the Clean Air Act (CAA).
The intended effect of these revisions is
to clarify certain provisions and to
ensure consistency with the
requirements of the CAA. In the Final
Rules Section of this Federal Register,
EPA is approving the State’s SIP
revision as a direct final rule without
prior proposal because the Agency
views this as a noncontroversial
submittal and anticipates no adverse
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61589
comments. A detailed rationale for the
approval is set forth in the direct final
rule. If no adverse comments are
received in response to this rule, no
further activity is contemplated. If EPA
receives adverse comments, the direct
final rule will be withdrawn and all
public comments received will be
addressed in a subsequent final rule
based on this proposed rule. EPA will
not institute a second comment period
on this document. Any parties
interested in commenting on this
document should do so at this time.
DATES: Written comments must be
received on or before November 30,
2007.
Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2007–0227, by one of the
following methods:
1. www.regulations.gov: Follow the
on-line instructions for submitting
comments.
2. E-mail: lakeman.sean@epa.gov.
3. Fax: (404) 562–9019.
4. Mail: EPA–R04–OAR–2007–0227,
Regulatory Development Section, Air
Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303–8960.
5. Hand Delivery or Courier: Sean
Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. Such
deliveries are only accepted during the
Regional Office’s normal hours of
operation. The Regional Office’s official
hours of business are Monday through
Friday, 8:30 to 4:30, excluding federal
holidays.
Please see the direct final rule which
is located in the Rules section of this
Federal Register for detailed
instructions on how to submit
comments.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street,
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can also be reached via
electronic mail at
lakeman.sean@epa.gov.
For
additional information see the direct
final rule which is published in the
Rules Section of this Federal Register.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\31OCP1.SGM
31OCP1
]]>Agencies
[Federal Register Volume 72, Number 210 (Wednesday, October 31, 2007)]
[Proposed Rules]
[Pages 61588-61589]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21320]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2007-0459; FRL-8487-7]
Revisions to the California State Implementation Plan, Great
Basin Unified Air Pollution Control District and Mojave Desert Air
Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: EPA is proposing to approve revisions to the Great Basin
Unified Air Pollution Control District (GBUAPCD) and Mojave Desert Air
Quality Management District (MDAQMD) portions of the California State
Implementation Plan (SIP). Under authority of the Clean Air Act as
amended in 1990 (CAA or the Act), we are proposing to approve local
rules that
[[Page 61589]]
concern particulate matter (PM-10) emissions from wood burning
appliances and open outdoor burning.
DATES: Any comments on this proposal must arrive by November 30, 2007.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2007-0459, by one of the following methods:
Federal eRulemaking Portal: www.regulations.gov. Follow
the on-line instructions.
E-mail: steckel.andrew@epa.gov.
Mail or deliver: Andrew Steckel (Air-4), U.S.
Environmental Protection Agency Region IX, 75 Hawthorne Street, San
Francisco, CA 94105.
Instructions: All comments will be included in the public docket
without change and may be made available online at www.regulations.gov,
including any personal information provided, unless the comment
includes Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute. Information that you
consider CBI or otherwise protected should be clearly identified as
such and should not be submitted through www.regulations.gov or e-mail.
www.regulations.gov is an ``anonymous access'' system, and EPA will not
know your identity or contact information unless you provide it in the
body of your comment. If you send e-mail directly to EPA, your e-mail
address will be automatically captured and included as part of the
public comment. If EPA cannot read your comment due to technical
difficulties and cannot contact you for clarification, EPA may not be
able to consider your comment.
Docket: The index to the docket for this action is available
electronically at www.regulations.gov and in hard copy at EPA Region
IX, 75 Hawthorne Street, San Francisco, California. While all documents
in the docket are listed in the index, some information may be publicly
available only at the hard copy location (e.g., copyrighted material),
and some may not be publicly available in either location (e.g., CBI).
To inspect the hard copy materials, please schedule an appointment
during normal business hours with the contact listed in the FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Al Petersen, Permits Office (AIR-4),
U.S. Environmental Protection Agency, Region IX, (415) 947-4118,
petersen.alfred@epa.gov.
SUPPLEMENTARY INFORMATION: This proposal addresses the approval of
GBUAPCD Rules 405 and 431 and MDAQMD Rule 444. In the Rules and
Regulations section of this Federal Register, we are approving these
local rules in a direct final action without prior proposal because we
believe this SIP revision is not controversial. If we receive adverse
comments, however, we will publish a timely withdrawal of the direct
final rule and address the comments in subsequent action based on this
proposed rule.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
We do not plan to open a second comment period, so anyone
interested in commenting should do so at this time. If we do not
receive adverse comments, no further activity is planned. For further
information, please see the direct final action.
Dated: August 22, 2007.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E7-21320 Filed 10-30-07; 8:45 am]
BILLING CODE 6560-50-P
