Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries, 47113-47114 [E8-18799]

Download as PDF hsrobinson on PROD1PC76 with PROPOSALS Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules Hz. To determine whether your hearing loss meets the bone conduction criterion in 102.10B1, we will average the bone conduction hearing thresholds at 500, 1000, 2000, and 4000 Hz. iii. The SRT is the minimal decibel (dB) level required for you to recognize a standard list of words. The SRT is usually within 10 dB of the average pure tone air conduction hearing thresholds at 500, 1000, and 2000 Hz. If the SRT is not within 10 dB of the average pure tone air conduction threshold, the reason for the discrepancy should be documented. iv. Word recognition testing determines your ability to recognize a standardized list of phonetically balanced monosyllabic words in the absence of any visual cues. This testing must be performed in quiet. The words should be presented at a level of amplification that will measure your maximum ability to discriminate words, usually 35 to 40 dB above your SRT. However, the amplification level used in the testing must be medically appropriate and you must be able to tolerate it. The individual who performs the test should report your word recognition testing score at your highest comfortable level of amplification. g. Screening Testing. ABR and other physiologic testing, such as otoacoustic emissions (OAE), can be used as hearing screening tests. When such testing is used as hearing screening tests, we will not use the results to determine that your hearing loss meets or medically equals a listing, or to assess functional limitations due to your hearing loss. We can, however, consider normal results from hearing screening tests to determine whether your hearing loss is severe when these test results are consistent with the other evidence in your case record. See § 416.924(c). 3. What audiometric testing do we need when you have a cochlear implant? a. If you have a cochlear implant, we will consider you to be disabled until age 5, or for 1 year after implantation, whichever is later. b. After that period, we need word recognition testing performed with the Hearing in Noise Test (HINT) or the Hearing in Noise Test for Children (HINT–C). This testing must be conducted in quiet in a sound field with your implant adjusted to your normal settings. The sentences should be presented at 60 dB HL (hearing level) and without any visual cues. 4. How do we evaluate your word recognition ability if you are not fluent in English? If you are not fluent in English, it may not be possible to measure your word recognition ability. VerDate Aug<31>2005 15:58 Aug 12, 2008 Jkt 214001 If your word recognition ability cannot be measured, your hearing loss cannot meet 102.10B2 or 102.11B. Instead, we will consider the facts of your case to determine whether you have difficulty understanding words in the language in which you are most fluent, and if so, whether that degree of difficulty medically equals 102.10B2 or 102.11B. For example, we will consider how you interact with family members, interpreters, and other individuals who speak the language in which you are most fluent. 5. What do we mean by a marked limitation in speech or language as used in 102.10B3? a. We will consider you to have a marked limitation in speech if: i. According to the unfamiliar listener, entire phrases or sentences in your conversation are intelligible approximately 60 percent of the time or less on the first attempt; and ii. Your sound production or phonological patterns (the ways in which you combine speech sounds) are atypical for your age. b. We will consider you to have a marked limitation in language when your current and valid test score on an appropriate comprehensive, standardized test of overall language functioning is at least two standard deviations below the mean. In addition, the evidence of your daily communication functioning must be consistent with your test score. If you are not fluent in English, it may not be possible to test your language performance. If we cannot test your language performance, your hearing loss cannot meet 102.10B3. Instead, we will consider the facts of your case to determine whether your hearing loss medically equals 102.10B3. * * * * * 102.01 Category of Impairments, Special Senses and Speech * * * * * 102.10 Hearing loss not treated with cochlear implantation. A. For children from birth to the attainment of age 5, an average air conduction hearing threshold of 50 decibels or greater in the better ear (see 102.00B2); or B. For children from age 5 to the attainment of age 18: 1. An average air conduction hearing threshold of 70 decibels or greater in the better ear and an average bone conduction hearing threshold of 40 decibels or greater in the better ear (see 102.00B2f); or 2. A word recognition score of 40 percent or less in the better ear determined using a standardized list of PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 47113 phonetically balanced monosyllabic words (see 102.00B2f); or 3. An average air conduction hearing threshold of 50 decibels or greater in the better ear and a marked limitation in speech or language (see 102.00B2f and 102.00B5). 102.11 Hearing loss treated with cochlear implantation. A. Consider under a disability until the attainment of age 5, or for 1 year after implantation, whichever is later; or B. Upon the attainment of age 5 or 1 year after implantation, whichever is later, a word recognition score of 60 percent or less determined using the HINT or the HINT–C (see 102.00B3b). * * * * * [FR Doc. E8–18718 Filed 8–12–08; 8:45 am] BILLING CODE 4191–02–P LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 and 255 [Docket No. RM 2000–7] Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries Copyright Office, Library of Congress. ACTION: Extension of time to file comments and reply comments; Notice of Hearing. AGENCY: SUMMARY: The Copyright Office is extending the time in which comments and reply comments may be filed in response to its Notice of Proposed Rulemaking proposing to amend its regulations to clarify the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries. 73 FR 40802. The Office is also announcing a hearing on the proposed rulemaking to take place on September 19, 2008. DATES: Comments must be received in the Office of the General Counsel of the Copyright Office no later than Thursday, August 28, 2008 at 5:00 p.m. Reply Comments must be received no later than Monday, September 15, 2008 at 5:00 p.m. The hearing will take place on Friday, September 19, 2008, commencing at 10:00 a.m. in the Copyright Hearing Room at the Library of Congress, Room LM–408, 4th Floor, James Madison Building, 101 Independence Avenue, SE, Washington, DC. Requests to testify at the hearing must be received in writing no later E:\FR\FM\13AUP1.SGM 13AUP1 hsrobinson on PROD1PC76 with PROPOSALS 47114 Federal Register / Vol. 73, No. 157 / Wednesday, August 13, 2008 / Proposed Rules than Friday, September 12, 2008 at 5:00 p.m. ADDRESSES: If hand delivered by a private party, an original and five copies of a comment or reply comment should be brought to the Library of Congress, U.S. Copyright Office, Room LM–401, James Madison Building, 101 Independence Ave., SE, Washington, DC 20559, between 8:30 a.m. and 5 p.m. The envelope should be addressed as follows: Office of the General Counsel, U.S. Copyright Office. If delivered by a commercial courier, an original and five copies of a comment or reply comment must be delivered to the Congressional Courier Acceptance Site (‘‘CCAS’’) located at 2nd and D Streets, NE, Washington, DC between 8:30 a.m. and 4 p.m. The envelope should be addressed as follows: Office of the General Counsel, U.S. Copyright Office, LM–403, James Madison Building, 101 Independence Avenue, SE, Washington, DC 20559. Please note that CCAS will not accept delivery by means of overnight delivery services such as Federal Express, United Parcel Service or DHL. If sent by mail (including overnight delivery using U.S. Postal Service Express Mail), an original and five copies of a comment or reply comment should be addressed to U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024. FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, General Counsel, or Stephen Ruwe, Attorney Advisor, Copyright GC/I&R, P.O. Box 70400, Washington, DC 20024. Telephone: (202) 707–8380. Telefax: (202) 707– 8366. SUPPLEMENTARY INFORMATION: On July 16, 2008, the Copyright Office published a Notice of Proposed Rulemaking (‘‘NPRM’’) seeking comment on proposed amendments to its regulations to clarify the scope and application of the Section 115 compulsory license to make and distribute phonorecords of a musical work by means of digital phonorecord deliveries. 73 FR 40802. The Notice stated that written comments must be received in the Office of the General Counsel of the Copyright Office no later than August 15, 2008 and reply comments must be received in the Office of the General Counsel of the Copyright Office no later than September 2, 2008. The Copyright Office has received requests from various parties who wish to submit comments and who seek an extension of time to file those comments in this proceeding. Each of the requests referred, among other things, to the recent decision of the United States VerDate Aug<31>2005 15:58 Aug 12, 2008 Jkt 214001 Court of Appeals for the Second Circuit in The Cartoon Network LP v. CSC Holdings, Inc., 07–1480–CV (2d. Cir. Aug. 4, 2008), in which the Court of Appeals reversed a district court ruling cited by the Office in the Notice of Proposed Rulemaking. The Office agrees that the ruling in the Cartoon Network case may be pertinent to the issues raised in this rulemaking and that interested parties should be given sufficient time in which to consider and comment upon the implications of that ruling. Therefore, the Office has decided to extend the deadlines for submission of comments. Comments must be received in the Office of the General Counsel of the Copyright Office no later than Thursday, August 28, 2008 at 5:00 p.m. Reply Comments must be received no later than Monday, September 15, 2008 at 5:00 p.m. The purpose of reply comments is to respond to what is said in the initial round of comments. The Office will post the initial comments on its website, www.copyright.gov, shortly after the August 28 deadline. The Office has also determined that it would be helpful to conduct a hearing on the proposed rulemaking. The hearing will take place on Friday, September 19, 2008 in the Copyright Hearing Room at the Library of Congress, Room LM–408, 4th Floor, James Madison Building, 101 Independence Avenue, SE, Washington, DC. Persons wishing to testify at the hearing must submit a Request to Testify, which must be received in the Office of the General Counsel of the Copyright Office no later than Friday, September 12, 2008 at 5:00 p.m. If any person wishing to testify has not submitted a written comment, the Request to Testify must be accompanied by a statement summarizing that person’s testimony. The capacity of the room in which the hearing will be held is limited. Persons other than persons testifying will be admitted on a first–come, first–served basis. Dated: August 8, 2008. David O. Carson, Associate Register for Policy & International Affairs [FR Doc. E8–18799 Filed 8–12–04; 8:45 am] BILLING CODE 1410–30–S PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 55 [OAR–2004–0091; FRL–8703–7] Outer Continental Shelf Air Regulations Consistency Update for California Environmental Protection Agency (‘‘EPA’’). ACTION: Proposed rule—Consistency Update. AGENCY: SUMMARY: EPA is proposing to update a portion of the Outer Continental Shelf (‘‘OCS’’) Air Regulations. Requirements applying to OCS sources located within 25 miles of States’ seaward boundaries must be updated periodically to remain consistent with the requirements of the corresponding onshore area (‘‘COA’’), as mandated by section 328(a)(1) of the Clean Air Act, as amended in 1990 (‘‘the Act’’). The portion of the OCS air regulations that is being updated pertains to the requirements for OCS sources by the Santa Barbara County Air Pollution Control District (Santa Barbara County APCD). The intended effect of approving the OCS requirements for the Santa Barbara County APCD is to regulate emissions from OCS sources in accordance with the requirements onshore. The change to the existing requirements discussed below is proposed to be incorporated by reference into the Code of Federal Regulations and is listed in the appendix to the OCS air regulations. DATES: Any comments must arrive by September 12, 2008. ADDRESSES: Submit comments, identified by docket number OAR– 2004–0091, by one of the following methods: 1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-line instructions. 2. E-mail: steckel.andrew@epa.gov. 3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 94105–3901. 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. E:\FR\FM\13AUP1.SGM 13AUP1

Agencies

[Federal Register Volume 73, Number 157 (Wednesday, August 13, 2008)]
[Proposed Rules]
[Pages 47113-47114]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-18799]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201 and 255

[Docket No. RM 2000-7]


Compulsory License for Making and Distributing Phonorecords, 
Including Digital Phonorecord Deliveries

AGENCY: Copyright Office, Library of Congress.

ACTION: Extension of time to file comments and reply comments; Notice 
of Hearing.

-----------------------------------------------------------------------

SUMMARY: The Copyright Office is extending the time in which comments 
and reply comments may be filed in response to its Notice of Proposed 
Rulemaking proposing to amend its regulations to clarify the scope and 
application of the Section 115 compulsory license to make and 
distribute phonorecords of a musical work by means of digital 
phonorecord deliveries. 73 FR 40802. The Office is also announcing a 
hearing on the proposed rulemaking to take place on September 19, 2008.

DATES: Comments must be received in the Office of the General Counsel 
of the Copyright Office no later than Thursday, August 28, 2008 at 5:00 
p.m. Reply Comments must be received no later than Monday, September 
15, 2008 at 5:00 p.m. The hearing will take place on Friday, September 
19, 2008, commencing at 10:00 a.m. in the Copyright Hearing Room at the 
Library of Congress, Room LM-408, 4th Floor, James Madison Building, 
101 Independence Avenue, SE, Washington, DC. Requests to testify at the 
hearing must be received in writing no later

[[Page 47114]]

than Friday, September 12, 2008 at 5:00 p.m.

ADDRESSES: If hand delivered by a private party, an original and five 
copies of a comment or reply comment should be brought to the Library 
of Congress, U.S. Copyright Office, Room LM-401, James Madison 
Building, 101 Independence Ave., SE, Washington, DC 20559, between 8:30 
a.m. and 5 p.m. The envelope should be addressed as follows: Office of 
the General Counsel, U.S. Copyright Office.
    If delivered by a commercial courier, an original and five copies 
of a comment or reply comment must be delivered to the Congressional 
Courier Acceptance Site (``CCAS'') located at 2nd and D Streets, NE, 
Washington, DC between 8:30 a.m. and 4 p.m. The envelope should be 
addressed as follows: Office of the General Counsel, U.S. Copyright 
Office, LM-403, James Madison Building, 101 Independence Avenue, SE, 
Washington, DC 20559. Please note that CCAS will not accept delivery by 
means of overnight delivery services such as Federal Express, United 
Parcel Service or DHL.
    If sent by mail (including overnight delivery using U.S. Postal 
Service Express Mail), an original and five copies of a comment or 
reply comment should be addressed to U.S. Copyright Office, Copyright 
GC/I&R, P.O. Box 70400, Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT: Tanya M. Sandros, General Counsel, or 
Stephen Ruwe, Attorney Advisor, Copyright GC/I&R, P.O. Box 70400, 
Washington, DC 20024. Telephone: (202) 707-8380. Telefax: (202) 707-
8366.

SUPPLEMENTARY INFORMATION: On July 16, 2008, the Copyright Office 
published a Notice of Proposed Rulemaking (``NPRM'') seeking comment on 
proposed amendments to its regulations to clarify the scope and 
application of the Section 115 compulsory license to make and 
distribute phonorecords of a musical work by means of digital 
phonorecord deliveries. 73 FR 40802. The Notice stated that written 
comments must be received in the Office of the General Counsel of the 
Copyright Office no later than August 15, 2008 and reply comments must 
be received in the Office of the General Counsel of the Copyright 
Office no later than September 2, 2008.
    The Copyright Office has received requests from various parties who 
wish to submit comments and who seek an extension of time to file those 
comments in this proceeding. Each of the requests referred, among other 
things, to the recent decision of the United States Court of Appeals 
for the Second Circuit in The Cartoon Network LP v. CSC Holdings, Inc., 
07-1480-CV (2d. Cir. Aug. 4, 2008), in which the Court of Appeals 
reversed a district court ruling cited by the Office in the Notice of 
Proposed Rulemaking.
    The Office agrees that the ruling in the Cartoon Network case may 
be pertinent to the issues raised in this rulemaking and that 
interested parties should be given sufficient time in which to consider 
and comment upon the implications of that ruling. Therefore, the Office 
has decided to extend the deadlines for submission of comments. 
Comments must be received in the Office of the General Counsel of the 
Copyright Office no later than Thursday, August 28, 2008 at 5:00 p.m. 
Reply Comments must be received no later than Monday, September 15, 
2008 at 5:00 p.m. The purpose of reply comments is to respond to what 
is said in the initial round of comments. The Office will post the 
initial comments on its website, www.copyright.gov, shortly after the 
August 28 deadline.
    The Office has also determined that it would be helpful to conduct 
a hearing on the proposed rulemaking. The hearing will take place on 
Friday, September 19, 2008 in the Copyright Hearing Room at the Library 
of Congress, Room LM-408, 4th Floor, James Madison Building, 101 
Independence Avenue, SE, Washington, DC.
    Persons wishing to testify at the hearing must submit a Request to 
Testify, which must be received in the Office of the General Counsel of 
the Copyright Office no later than Friday, September 12, 2008 at 5:00 
p.m. If any person wishing to testify has not submitted a written 
comment, the Request to Testify must be accompanied by a statement 
summarizing that person's testimony.
    The capacity of the room in which the hearing will be held is 
limited. Persons other than persons testifying will be admitted on a 
first-come, first-served basis.

    Dated: August 8, 2008.
David O. Carson,
Associate Register for Policy & International Affairs
[FR Doc. E8-18799 Filed 8-12-04; 8:45 am]
BILLING CODE 1410-30-S