Digital Performance in Sound Recordings and Ephemeral Recordings, 318-319 [E8-30972]

Download as PDF 318 Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Notices SUPPLEMENTARY INFORMATION: I. Background: Foreign labor certification programs administered by the Employment and Training Administration (ETA) of the Department of Labor (DOL or Department) require State Workforce Agencies (SWAs) to initially process applications for temporary labor certifications (H–2A and H–2B) filed by U.S. employers on behalf of foreign workers seeking to be employed in the U.S. SWAs are also responsible for issuing prevailing wage determinations, reviewing employerprovided wage surveys or other source data, conducting housing inspections of facilities offered to migrant and seasonal workers, and conducting and monitoring recruitment activities seeking qualified U.S. workers for the temporary jobs employers are attempting to fill with foreign workers. The SWAs perform these functions under a reimbursable grant that is awarded annually. The information pertaining to these functions is proposed to be collected on the Form ETA 9127 and will be used by Departmental staff to manage foreign (alien) labor certification programs in the SWAs. The Department will use the data collected to: (1) Monitor the number of temporary applications that are received, processed, and forwarded to the national processing centers; (2) determine the number of prevailing wage determinations issued to employers under the permanent and temporary labor certification programs, as well as, the H–1B program for nonimmigrant professionals in specialty occupations; and, (3) track the number of agricultural prevailing wage and practice surveys conducted, housing inspections made, and job orders filed. The information on workload will be used for formulating budget estimates for both state and Federal workloads, and for monitoring a State’s performance against the grant statement of work and work plan. Without such information, the budget workload figures will be estimates and the allocation of funding to the SWAs will not reflect the true workload in a State. II. Review Focus: The Department of Labor is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; VerDate Aug<31>2005 14:05 Jan 02, 2009 Jkt 217001 • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. III. Current Actions: In order to meet its statutory responsibilities under the INA, the Department needs to extend an existing collection of information to continue to collect data from SWAs. Type of Review: Extension. Agency: Employment and Training Administration. Title: Foreign Labor Certification Quarterly Activity Report. OMB Number: 1205–0457. Agency Number(s): Form ETA 9127. Recordkeeping: Quarterly. Affected Public: State, Local, or Tribal governments. Total Respondents: 54 State Workforce Agencies. Estimated Total Burden Hours: 432. Total Burden Cost (capital/startup): 0. Total Burden Cost (operating/ maintaining): 0. Comments submitted in response to this comment request will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: December 29, 2008. William L. Carlson, Administrator, Office of Foreign Labor Certifications. [FR Doc. E8–31264 Filed 1–2–09; 8:45 am] BILLING CODE 4510–FP–P Employment and Training Administration [TA–W–64,397] ITT Marine & Leisure, Gloucester, MA, Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 12, 2008 in response to a worker petition filed by the Massachusetts Division of Employment and Training Services on behalf of workers at ITT Marine & Leisure, Gloucester, Massachusetts. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Frm 00060 Fmt 4703 Sfmt 4703 BILLING CODE 4510–FN–P DEPARTMENT OF LABOR Employment and Training Administration [TA–W–64,368] Newport Corporation, Irvine, CA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on November 6, 2008 in response to a worker petition filed the State Workforce Office on behalf of workers at Newport Corporation, Irvine, California. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC, this 22nd day of December 2008. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–31331 Filed 1–2–09; 8:45 am] BILLING CODE 4510–FN–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2009–1 CRB Webcasting III] Digital Performance in Sound Recordings and Ephemeral Recordings AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Notice announcing commencement of proceeding with request for Petitions to Participate. DEPARTMENT OF LABOR PO 00000 Signed at Washington, DC, this 23rd day of December 2008. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E8–31332 Filed 1–2–09; 8:45 am] SUMMARY: The Copyright Royalty Judges are announcing the commencement of the proceeding to determine the reasonable rates and terms for two statutory licenses, permitting certain digital performances of sound recordings and the making of ephemeral recordings for the period beginning January 1, 2011, and ending on December 31, 2015. The Copyright Royalty Judges also are announcing the date by which a party who wishes to participate in the rate determination proceeding must file its Petition to Participate and the accompanying $150 filing fee. E:\FR\FM\05JAN1.SGM 05JAN1 Federal Register / Vol. 74, No. 2 / Monday, January 5, 2009 / Notices DATES: Petitions to Participate and the filing fee are due no later than February 4, 2009. ADDRESSES: An original, five copies, and an electronic copy in Portable Document Format (PDF) on a CD of the Petition to Participate, along with the $150 filing fee, may be delivered to the Copyright Royalty Board by either mail or hand delivery. Petitions to Participate and the $150 filing fee may not be delivered by an overnight delivery service other than the U.S. Postal Service Express Mail. If by mail (including overnight delivery), Petitions to Participate, along with the $150 filing fee, must be addressed to: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024–0977. If hand delivered by a private party, Petitions to Participate, along with the $150 filing fee, must be brought to the Library of Congress, James Madison Memorial Building, LM–401, 101 Independence Avenue, SE., Washington, DC 20559– 6000. If delivered by a commercial courier, Petitions to Participate, along with the $150 filing fee, must be delivered to the Congressional Courier Acceptance Site, located at 2nd and D Street, NE., Washington, DC. The envelope must be addressed to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM–403, 101 Independence Avenue, SE., Washington, DC 20559– 6000. FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program Specialist, by telephone at (202) 707– 7658 or e-mail at crb@loc.gov. SUPPLEMENTARY INFORMATION: Background On May 1, 2007, the Copyright Royalty Judges (‘‘Judges’’) announced their final determination of the rates and terms for public performances of sound recordings by means of an eligible nonsubscription transmission and transmissions made by a new subscription service and the making of an ephemeral recording in furtherance of making a permitted public performance of the sound recording for the period January 1, 2006, through December 31, 2010. 72 FR 24084. Section 804(b)(3)(A) of the Copyright Act, title 17 of the United States Code, requires that ‘‘[s]uch proceedings shall next be commenced in January 2009 to determine reasonable terms and rates of royalty payments, to become effective on January 1, 2011.’’ 17 U.S.C. 804(b)(3)(A). Pursuant to this provision, this notice commences the rate determination proceeding for the license period 2011–2015. Section VerDate Aug<31>2005 14:05 Jan 02, 2009 Jkt 217001 803(b)(1)(A)(i)(III) of the Copyright Act requires the Judges to publish a Federal Register notice no later than January 5, 2009, commencing this proceeding. Petitions To Participate Petitions to Participate must be filed in accordance with § 351.1(b) of the Judges’ regulations. See 37 CFR 351.1(b). Petitions to Participate must be accompanied by the $150 filing fee. Cash will not be accepted; therefore, parties must pay the filing fee with a check or money order made payable to ‘‘Copyright Royalty Board.’’ If a check received in payment of the filing fee is returned for lack of sufficient funds, the corresponding Petition to Participate will be dismissed. Note that in accordance with 37 CFR 350.2 (Representation), only attorneys who are members of the bar in one or more states and in good standing will be allowed to represent parties before the Copyright Royalty Judges, unless a party is an individual who represents herself or himself. Dated: December 23, 2008. Stanley C. Wisniewski, Copyright Royalty Judge. [FR Doc. E8–30972 Filed 1–2–09; 8:24 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2009–2 CRB New Subscription II] Digital Performance Right in Sound Recordings and Ephemeral Recordings for a New Subscription Service AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Notice announcing commencement of proceeding with request for Petitions to Participate. SUMMARY: The Copyright Royalty Judges are announcing the commencement of the proceeding to determine the rates and terms for the use of sound recordings in transmissions made by new subscription services and for the making of ephemeral recordings necessary for the facilitation of such transmissions for the period beginning on January 1, 2011, and ending on December 31, 2015. The Judges also are announcing the date by which a party who wishes to participate in the rate determination proceeding must file its Petition to Participate and the accompanying $150 filing fee. PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 319 DATES: Petitions to Participate and the filing fee are due on or before February 4, 2009. ADDRESSES: An original, five copies, and an electronic copy in Portable Document Format (PDF) on a CD of the Petition to Participate, along with the $150 filing fee, may be delivered to the Copyright Royalty Board by either mail or hand delivery. Petitions to Participate and the $150 filing fee may not be delivered by an overnight delivery service other than the U.S. Postal Service Express Mail. If by mail (including overnight delivery), Petitions to Participate, along with the $150 filing fee, must be addressed to: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024–0977. If hand delivered by a private party, Petitions to Participate, along with the $150 filing fee, must be brought to the Library of Congress, James Madison Memorial Building, LM–401, 101 Independence Avenue, SE., Washington, DC 20559– 6000. If delivered by a commercial courier, Petitions to Participate, along with the $150 filing fee, must be delivered to the Congressional Courier Acceptance Site, located at 2nd and D Street, NE., Washington, DC. The envelope must be addressed to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM–403, 101 Independence Avenue, SE., Washington, DC 20559– 6000. FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program Specialist, by telephone at (202) 707– 7658 or e-mail at crb@loc.gov. SUPPLEMENTARY INFORMATION: Background Section 114(f)(2)(C) of the Copyright Act, title 17 of the United States Code, allows a new type of eligible nonsubscription service or a new subscription service on which sound recordings are performed that is or is about to become operational to file a petition with the Copyright Royalty Judges (‘‘Judges’’) for the purpose of determining reasonable terms and rates of royalty payments for such new type of service. 17 U.S.C. 114(f)(2)(C). Upon receipt of such a petition, the Judges are required to commence a proceeding to determine said reasonable terms and rates. 17 U.S.C. 804(b)(3)(C)(ii). The Judges have conducted one proceeding pursuant to these provisions. See 70 FR 72471, 72472 (December 5, 2005) (after receipt of petition, commencing proceeding to determine rates and terms for a new type of subscription service that ‘‘performs sound recordings on digital audio channels programmed by E:\FR\FM\05JAN1.SGM 05JAN1

Agencies

[Federal Register Volume 74, Number 2 (Monday, January 5, 2009)]
[Notices]
[Pages 318-319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30972]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 2009-1 CRB Webcasting III]


Digital Performance in Sound Recordings and Ephemeral Recordings

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice announcing commencement of proceeding with request for 
Petitions to Participate.

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

SUMMARY: The Copyright Royalty Judges are announcing the commencement 
of the proceeding to determine the reasonable rates and terms for two 
statutory licenses, permitting certain digital performances of sound 
recordings and the making of ephemeral recordings for the period 
beginning January 1, 2011, and ending on December 31, 2015. The 
Copyright Royalty Judges also are announcing the date by which a party 
who wishes to participate in the rate determination proceeding must 
file its Petition to Participate and the accompanying $150 filing fee.

[[Page 319]]


DATES: Petitions to Participate and the filing fee are due no later 
than February 4, 2009.

ADDRESSES: An original, five copies, and an electronic copy in Portable 
Document Format (PDF) on a CD of the Petition to Participate, along 
with the $150 filing fee, may be delivered to the Copyright Royalty 
Board by either mail or hand delivery. Petitions to Participate and the 
$150 filing fee may not be delivered by an overnight delivery service 
other than the U.S. Postal Service Express Mail. If by mail (including 
overnight delivery), Petitions to Participate, along with the $150 
filing fee, must be addressed to: Copyright Royalty Board, P.O. Box 
70977, Washington, DC 20024-0977. If hand delivered by a private party, 
Petitions to Participate, along with the $150 filing fee, must be 
brought to the Library of Congress, James Madison Memorial Building, 
LM-401, 101 Independence Avenue, SE., Washington, DC 20559-6000. If 
delivered by a commercial courier, Petitions to Participate, along with 
the $150 filing fee, must be delivered to the Congressional Courier 
Acceptance Site, located at 2nd and D Street, NE., Washington, DC. The 
envelope must be addressed to: Copyright Royalty Board, Library of 
Congress, James Madison Memorial Building, LM-403, 101 Independence 
Avenue, SE., Washington, DC 20559-6000.

FOR FURTHER INFORMATION CONTACT: LaKeshia Brent, CRB Program 
Specialist, by telephone at (202) 707-7658 or e-mail at crb@loc.gov.

SUPPLEMENTARY INFORMATION:

Background

    On May 1, 2007, the Copyright Royalty Judges (``Judges'') announced 
their final determination of the rates and terms for public 
performances of sound recordings by means of an eligible 
nonsubscription transmission and transmissions made by a new 
subscription service and the making of an ephemeral recording in 
furtherance of making a permitted public performance of the sound 
recording for the period January 1, 2006, through December 31, 2010. 72 
FR 24084. Section 804(b)(3)(A) of the Copyright Act, title 17 of the 
United States Code, requires that ``[s]uch proceedings shall next be 
commenced in January 2009 to determine reasonable terms and rates of 
royalty payments, to become effective on January 1, 2011.'' 17 U.S.C. 
804(b)(3)(A). Pursuant to this provision, this notice commences the 
rate determination proceeding for the license period 2011-2015. Section 
803(b)(1)(A)(i)(III) of the Copyright Act requires the Judges to 
publish a Federal Register notice no later than January 5, 2009, 
commencing this proceeding.

Petitions To Participate

    Petitions to Participate must be filed in accordance with Sec.  
351.1(b) of the Judges' regulations. See 37 CFR 351.1(b). Petitions to 
Participate must be accompanied by the $150 filing fee. Cash will not 
be accepted; therefore, parties must pay the filing fee with a check or 
money order made payable to ``Copyright Royalty Board.'' If a check 
received in payment of the filing fee is returned for lack of 
sufficient funds, the corresponding Petition to Participate will be 
dismissed.
    Note that in accordance with 37 CFR 350.2 (Representation), only 
attorneys who are members of the bar in one or more states and in good 
standing will be allowed to represent parties before the Copyright 
Royalty Judges, unless a party is an individual who represents herself 
or himself.

    Dated: December 23, 2008.
Stanley C. Wisniewski,
Copyright Royalty Judge.
 [FR Doc. E8-30972 Filed 1-2-09; 8:24 am]
BILLING CODE 1410-72-P

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