Distribution of the 2013 Digital Audio Recording Technology Royalty Funds, 15632-15633 [2015-06678]

Download as PDF 15632 Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE Drug Enforcement Administration Drug Enforcement Administration [Docket No. DEA–392] [Docket No. DEA–392] Bulk Manufacturer of Controlled Substances Application: Penick Corporation Bulk Manufacturer of Controlled Substances Application: Patheon Pharmaceuticals, Inc. ACTION: ACTION: Notice of application. Registered bulk manufacturers of the affected basic class and applicants therefore may file written comments or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.33(a) on or before May 26, 2015. Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODW, 8701 Morrissette Drive, Springfield, Virginia 22152. Request for hearings should be sent to: Drug Enforcement Administration, Attention: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152. ADDRESSES: The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Deputy Assistant Administrator of the DEA Office of Diversion Control (‘‘Deputy Assistant Administrator’’) pursuant to section 7 of 28 CFR part 0, appendix to subpart R. In accordance with 21 CFR 1301.33(a), this is notice that on December 11, 2014, Patheon Pharmaceuticals, Inc., 2110 E. Galbraith Road, Cincinnati, Ohio 45237 applied to be registered as a bulk manufacturer of gamma hydroxybutyric acid (2010), a basic class of nonnarcotic controlled substance in schedule I. The company plans to manufacture the listed controlled substance for distribution to its customers. mstockstill on DSK4VPTVN1PROD with NOTICES Dated: March 9, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator. [FR Doc. 2015–06733 Filed 3–23–15; 8:45 am] BILLING CODE 4410–09–P VerDate Sep<11>2014 01:09 Mar 24, 2015 Jkt 235001 Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration in accordance with 21 CFR 1301.33(a) on or before May 26, 2015. ADDRESSES: Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/ODW, 8701 Morrissette Drive, Springfield, Virginia 22152. Request for hearings should be sent to: Drug Enforcement Administration, Attention: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152. SUPPLEMENTARY INFORMATION: The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Deputy Assistant Administrator of the DEA Office of Diversion Control (‘‘Deputy Assistant Administrator’’) pursuant to section 7 of 28 CFR part 0, appendix to subpart, R. In accordance with 21 CFR 1301.33(a), this is notice that on February 26, 2014, Penick Corporation, 33 Industrial Park Road, Pennsville, New Jersey 08070, applied to be registered as a bulk manufacturer of the following basic classes of controlled substances: DATES: DATES: SUPPLEMENTARY INFORMATION: Notice of application. Controlled substance Cocaine (9041) ............................. Codeine (9050) ............................. Dihydrocodeine (9120) ................. Oxycodone (9143) ........................ Hydromorphone (9150) ................ Ecgonine (9180) ........................... Hydrocodone (9193) ..................... Morphine (9300) ........................... Oripavine (9330) ........................... PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 Schedule II II II II II II II II II Controlled substance Thebaine (9333) ........................... Opium tincture (9630) .................. Oxymorphone (9652) ................... Schedule II II II The company plans to manufacture the above-listed controlled substances as bulk controlled substance intermediates for distribution to its customers. Dated: March 9, 2015. Joseph T. Rannazzisi, Deputy Assistant Administrator. [FR Doc. 2015–06734 Filed 3–23–15; 8:45 am] BILLING CODE 4410–09–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 14–CRB–0006 DART SR (CO/ FA) 2013] Distribution of the 2013 Digital Audio Recording Technology Royalty Funds Copyright Royalty Board, Library of Congress. ACTION: Notice announcing commencement of proceeding with request for Petitions to Participate and comments on intention to conduct paper proceeding. AGENCY: The Copyright Royalty Board is announcing the commencement of a proceeding to determine the distribution of the digital audio recording technology royalty fees in the 2013 Sound Recordings Fund (Copyright Owners and Featured Recording Artists Subfunds). The Board is also announcing the date by which a party who wishes to participate in this proceeding must file its Petition to Participate and the accompanying $150 filing fee, if applicable. Finally, the Board is announcing the Copyright Royalty Judges’ intention to conduct a paper proceeding. DATES: Petitions to Participate, comments on the intention to conduct a paper proceeding, and applicable filing fee are due no later than April 23, 2015. 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, if applicable, 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), SUMMARY: E:\FR\FM\24MRN1.SGM 24MRN1 Federal Register / Vol. 80, No. 56 / Tuesday, March 24, 2015 / Notices Petitions to Participate, along with the $150 filing fee, must be addressed to: Copyright Royalty Board, P.O. 70977, Washington, DC 20024–0977. If handdelivered 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 Keys, CRB Program Specialist. Telephone: (202) 707–7658 or email at crb@loc.gov. SUPPLEMENTARY INFORMATION: mstockstill on DSK4VPTVN1PROD with NOTICES Background The Audio Home Recording Act of 1992 (the ‘‘AHRA’’), Public Law 102– 563, requires manufacturers and importers to pay royalties on digital audio recording devices and media that are distributed in the United States. 17 U.S.C. 1003. These royalties are deposited with the Copyright Office for further distribution among interested copyright parties by the Copyright Royalty Judges (‘‘Judges’’), provided that the interested copyright parties file a claim with the Copyright Royalty Board (CRB) each year during the months of January and February. 17 U.S.C. 1005, 1007. The AHRA provides that the royalties are divided between two funds: the Sound Recordings Fund and the Musical Works Fund. The Sound Recordings Fund receives 662⁄3% of the royalties and the Musical Works Fund receives the remaining 331⁄3%. These fees are allocated further to specific subfunds. The Sound Recordings Fund consists of four subfunds: the Featured Artists Subfund, the Copyright Owners Subfund, the Nonfeatured Musicians Subfund, and the Nonfeatured Vocalists Subfund. The royalty fees allocated to the Sound Recordings Fund are divided among these four subfunds according to the percentages set out in section 1006 of the Copyright Act. 17 U.S.C. 1006(b)(1).1 Distribution of these fees 1 Similarly, the statute prescribes that the royalty fees allocated to the Musical Works Fund be VerDate Sep<11>2014 01:09 Mar 24, 2015 Jkt 235001 may occur in one of two ways. The interested copyright parties within each subfund may either negotiate the terms of a settlement as to the division of royalty funds, or the Judges may conduct a proceeding to determine the distribution of the royalties that remain in controversy in each subfund. See 17 U.S.C. 1006(c). On August 18, 2014, the CRB received a motion from the Alliance of Artists and Recording Companies (AARC) asking the Judges to authorize a partial distribution of 98% of the 2013 digital audio recording technology (‘‘DART’’) Sound Recordings Fund (Copyright Owners and Featured Recording Artists subfunds). The CRB published notice of the settlement and a solicitation of comments in the Federal Register on October 6, 2014.2 On December 19, 2014, the Judges granted the motion, finding that there was no reasonable objection to AARC’s proposed partial distribution. See Order Granting AARC’s Request for Partial Distribution of Royalties from the 2013 DART Sound Recordings Fund (Copyright Owners and Featured Recording Artists Subfunds) at 3–4 (December 19, 2014 Order). The Judges now commence a proceeding to resolve any existing controversies with respect to the 2013 DART Sound Recordings Fund (Copyright Owners and Featured Recording Artists subfunds). Commencement of Proceeding Consistent with 17 U.S.C. 804(b)(8), the Judges determine that a controversy exists as to the distribution of the 2013 DART Sound Recordings Fund. The Judges make this finding based on the fact that AARC notified the Judges that it failed to reach settlements with three claimants to the 2013 Featured Recording Artists Subfund and that it failed to reach settlements with five claimants to the 2013 Copyright Owners Subfund. December 19, 2014 Order at 1. In the December 19, 2014 Order, the Judges ordered the parties to notify the Judges whether any remaining disputes in this matter have been resolved. Id. at 4. To date, the Judges have not received notification that any of these controversies have been resolved. Intention to Conduct a Paper Proceeding In accordance with Section 803(b)(5)(B) of the Copyright Act, the Judges find it appropriate to conduct a paper proceeding in this matter in light divided equally between two subfunds, the Publishers Subfund and the Writers Subfund. 17 U.S.C. 1006(b)(2). 2 79 FR 60185. PO 00000 Frm 00086 Fmt 4703 Sfmt 9990 15633 of the relatively modest amount of royalties in dispute and the anticipated small number of non-settling claimants. In such proceedings, the Judges determine issues solely on the basis of the filing of a written direct statement by each participant, a response of an opposing participant, and one additional response from the participant. 17 U.S.C. 803(b)(5). Any party wishing to comment on the Judges’ intention to conduct a paper proceeding should include such comments in its Petition to Participate. Petitions to Participate Petitions to Participate must provide all of the information required by 37 CFR 351.1(b)(2). Petitions to Participate submitted by interested parties whose claims do not exceed $1,000 3 must contain a statement that the party will not seek a distribution of more than $1,000. No filing fee is required for these parties. Interested parties with claims exceeding $1,000, however, must submit a filing fee of $150 with their Petition to Participate or it will be rejected. Cash will not be accepted; therefore, parties must pay the filing fee with a check or money order made payable to the ‘‘Copyright Royalty Board.’’ If a check is returned for lack of sufficient funds, the corresponding Petition to Participate will be dismissed. Further procedural matters, including scheduling, will be addressed after Petitions to Participate and comments, if any, on the Judges’ intention to conduct a paper proceeding, have been received. 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 Judges, unless the party is an individual who represents herself or himself. Participants should conform filed electronic documents to the Judges’ Guidelines for Electronic Documents, available online at www.loc.gov/crb/ docs/Guidelinesfor_Electronic _Documents.pdf. Dated: March 18, 2015. Suzanne M. Barnett, Chief U.S. Copyright Royalty Judge. [FR Doc. 2015–06678 Filed 3–23–15; 8:45 am] BILLING CODE 1410–72–P 3 The Copyright Royalty Judge Program Technical Corrections Act, Public Law 109–303, changed the amount from $10,000 to $1,000. E:\FR\FM\24MRN1.SGM 24MRN1

Agencies

[Federal Register Volume 80, Number 56 (Tuesday, March 24, 2015)]
[Notices]
[Pages 15632-15633]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-06678]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 14-CRB-0006 DART SR (CO/FA) 2013]


Distribution of the 2013 Digital Audio Recording Technology 
Royalty Funds

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Notice announcing commencement of proceeding with request for 
Petitions to Participate and comments on intention to conduct paper 
proceeding.

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SUMMARY: The Copyright Royalty Board is announcing the commencement of 
a proceeding to determine the distribution of the digital audio 
recording technology royalty fees in the 2013 Sound Recordings Fund 
(Copyright Owners and Featured Recording Artists Subfunds). The Board 
is also announcing the date by which a party who wishes to participate 
in this proceeding must file its Petition to Participate and the 
accompanying $150 filing fee, if applicable. Finally, the Board is 
announcing the Copyright Royalty Judges' intention to conduct a paper 
proceeding.

DATES: Petitions to Participate, comments on the intention to conduct a 
paper proceeding, and applicable filing fee are due no later than April 
23, 2015.

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, if applicable, 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),

[[Page 15633]]

Petitions to Participate, along with the $150 filing fee, must be 
addressed to: Copyright Royalty Board, P.O. 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 Keys, CRB Program Specialist. 
Telephone: (202) 707-7658 or email at crb@loc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The Audio Home Recording Act of 1992 (the ``AHRA''), Public Law 
102-563, requires manufacturers and importers to pay royalties on 
digital audio recording devices and media that are distributed in the 
United States. 17 U.S.C. 1003. These royalties are deposited with the 
Copyright Office for further distribution among interested copyright 
parties by the Copyright Royalty Judges (``Judges''), provided that the 
interested copyright parties file a claim with the Copyright Royalty 
Board (CRB) each year during the months of January and February. 17 
U.S.C. 1005, 1007.
    The AHRA provides that the royalties are divided between two funds: 
the Sound Recordings Fund and the Musical Works Fund. The Sound 
Recordings Fund receives 66\2/3\% of the royalties and the Musical 
Works Fund receives the remaining 33\1/3\%. These fees are allocated 
further to specific subfunds.
    The Sound Recordings Fund consists of four subfunds: the Featured 
Artists Subfund, the Copyright Owners Subfund, the Nonfeatured 
Musicians Subfund, and the Nonfeatured Vocalists Subfund. The royalty 
fees allocated to the Sound Recordings Fund are divided among these 
four subfunds according to the percentages set out in section 1006 of 
the Copyright Act. 17 U.S.C. 1006(b)(1).\1\ Distribution of these fees 
may occur in one of two ways. The interested copyright parties within 
each subfund may either negotiate the terms of a settlement as to the 
division of royalty funds, or the Judges may conduct a proceeding to 
determine the distribution of the royalties that remain in controversy 
in each subfund. See 17 U.S.C. 1006(c).
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    \1\ Similarly, the statute prescribes that the royalty fees 
allocated to the Musical Works Fund be divided equally between two 
subfunds, the Publishers Subfund and the Writers Subfund. 17 U.S.C. 
1006(b)(2).
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    On August 18, 2014, the CRB received a motion from the Alliance of 
Artists and Recording Companies (AARC) asking the Judges to authorize a 
partial distribution of 98% of the 2013 digital audio recording 
technology (``DART'') Sound Recordings Fund (Copyright Owners and 
Featured Recording Artists subfunds). The CRB published notice of the 
settlement and a solicitation of comments in the Federal Register on 
October 6, 2014.\2\ On December 19, 2014, the Judges granted the 
motion, finding that there was no reasonable objection to AARC's 
proposed partial distribution. See Order Granting AARC's Request for 
Partial Distribution of Royalties from the 2013 DART Sound Recordings 
Fund (Copyright Owners and Featured Recording Artists Subfunds) at 3-4 
(December 19, 2014 Order). The Judges now commence a proceeding to 
resolve any existing controversies with respect to the 2013 DART Sound 
Recordings Fund (Copyright Owners and Featured Recording Artists 
subfunds).
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    \2\ 79 FR 60185.
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Commencement of Proceeding

    Consistent with 17 U.S.C. 804(b)(8), the Judges determine that a 
controversy exists as to the distribution of the 2013 DART Sound 
Recordings Fund. The Judges make this finding based on the fact that 
AARC notified the Judges that it failed to reach settlements with three 
claimants to the 2013 Featured Recording Artists Subfund and that it 
failed to reach settlements with five claimants to the 2013 Copyright 
Owners Subfund. December 19, 2014 Order at 1. In the December 19, 2014 
Order, the Judges ordered the parties to notify the Judges whether any 
remaining disputes in this matter have been resolved. Id. at 4. To 
date, the Judges have not received notification that any of these 
controversies have been resolved.

Intention to Conduct a Paper Proceeding

    In accordance with Section 803(b)(5)(B) of the Copyright Act, the 
Judges find it appropriate to conduct a paper proceeding in this matter 
in light of the relatively modest amount of royalties in dispute and 
the anticipated small number of non-settling claimants. In such 
proceedings, the Judges determine issues solely on the basis of the 
filing of a written direct statement by each participant, a response of 
an opposing participant, and one additional response from the 
participant. 17 U.S.C. 803(b)(5). Any party wishing to comment on the 
Judges' intention to conduct a paper proceeding should include such 
comments in its Petition to Participate.

Petitions to Participate

    Petitions to Participate must provide all of the information 
required by 37 CFR 351.1(b)(2). Petitions to Participate submitted by 
interested parties whose claims do not exceed $1,000 \3\ must contain a 
statement that the party will not seek a distribution of more than 
$1,000. No filing fee is required for these parties. Interested parties 
with claims exceeding $1,000, however, must submit a filing fee of $150 
with their Petition to Participate or it will be rejected. Cash will 
not be accepted; therefore, parties must pay the filing fee with a 
check or money order made payable to the ``Copyright Royalty Board.'' 
If a check is returned for lack of sufficient funds, the corresponding 
Petition to Participate will be dismissed.
---------------------------------------------------------------------------

    \3\ The Copyright Royalty Judge Program Technical Corrections 
Act, Public Law 109-303, changed the amount from $10,000 to $1,000.
---------------------------------------------------------------------------

    Further procedural matters, including scheduling, will be addressed 
after Petitions to Participate and comments, if any, on the Judges' 
intention to conduct a paper proceeding, have been received.
    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 Judges, unless the 
party is an individual who represents herself or himself.
    Participants should conform filed electronic documents to the 
Judges' Guidelines for Electronic Documents, available online at 
www.loc.gov/crb/docs/Guidelinesfor_Electronic_Documents.pdf.

    Dated: March 18, 2015.
Suzanne M. Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2015-06678 Filed 3-23-15; 8:45 am]
BILLING CODE 1410-72-P