CBRN Protective Ensemble Standard Workshop, 76576-76577 [2015-30974]
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Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices
meaning of section 703(b) of the Act (19
U.S.C. 1671b(b)). Notice of the
scheduling of the final phase of the
Commission’s investigation and of a
public hearing to be held in connection
therewith was given by posting copies
of the notice in the Office of the
Secretary, U.S. International Trade
Commission, Washington, DC, and by
publishing the notice in the Federal
Register of August 24, 2015 (80 FR
51309). The hearing was held in
Washington, DC, on October 22, 2015,
and all persons who requested the
opportunity were permitted to appear in
person or by counsel.
The Commission made this
determination pursuant to section
705(b) of the Tariff Act of 1930 (19
U.S.C. 1671d(b)). It completed and filed
its determination in this investigation
on December 3, 2015. The views of the
Commission are contained in USITC
Publication 4583 (December 2015),
entitled Supercalendered Paper from
Canada: Investigation No. 701–TA–530
(Final).
By order of the Commission.
Issued: December 3, 2015.
Lisa R. Barton,
Secretary to the Commission.
[FR Doc. 2015–30953 Filed 12–8–15; 8:45 am]
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DEPARTMENT OF JUSTICE
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Notice of Lodging of Proposed
Consent Decree Under the Clean Air
Act
On December 3, 2015, the Department
of Justice lodged a proposed consent
decree with the United States District
Court for the District of Idaho in the
lawsuit entitled United States of
America, et al. v. J.R. Simplot Company,
Civil Action No. 1:15–cv–00562–CWD.
The consent decree would resolve the
claims of the United States, the State of
Idaho, and the San Joaquin Valley Air
Pollution Control District (SJVAPCD)
against J.R. Simplot Company (Simplot)
for injunctive relief and civil penalties
for alleged violations of the New Source
Review Prevention of Significant
Deterioration (NSR/PSD) and Title V
provisions of the Clean Air Act, at
Simplot’s five sulfuric acid
manufacturing plants located in or near
Lathrop, California, Pocatello, Idaho,
and Rock Springs, Wyoming. The
consent decree would require Simplot
to comply with specified numerical
emission limitations, including
requirements applicable at all times at
all five plants to comply with yearround emission limitations for sulfur
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dioxide (SO2) and with good air
pollution control practices. The consent
decree also includes numerical emission
limitations that apply to emissions of
sulfuric acid mist and fine particulate
matter (PM2.5) at one of the Pocatello,
Idaho plants at which the complaint
alleged violations with respect to these
pollutants. The consent decree would
require Simplot to pay a civil penalty of
$899,000, and to contribute $200,000 to
a program operated by the SJVAPCD
that incentivizes the replacement of old
wood or pellet-burning devices with
new, cleaner hearth options to reduce
emissions of PM2.5, volatile organic
compounds, carbon monoxide, and
hazardous air pollutants. The consent
decree would resolve Simplot’s liability
for past violations of NSR/PSD alleged
in the complaint, as well any related
liability under Title V and New Source
Performance Standards requirements, at
Simplot’s five sulfuric acid plants.
The publication of this notice opens
a period for public comment on the
consent decree. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States of America, et al. v. J.R.
Simplot Company, D.J. Ref. No. 90–7–1–
08388/14. All comments must be
submitted no later than thirty (30) days
after the publication date of this notice.
Comments may be submitted either by
email or by mail:
To submit
comments:
Send them to:
By e-mail ......
pubcomment-ees.enrd@
usdoj.gov.
Assistant Attorney General,
U.S. DOJ—ENRD, P.O.
Box 7611, Washington, DC
20044–7611.
By mail .........
During the public comment period,
the consent decree may be examined
and downloaded at this Justice
Department Web site: https://
www.justice.gov/enrd/consent-decrees.
We will provide a paper copy of the
consent decree upon written request
and payment of reproduction costs.
Please mail your request and payment
to: Consent Decree Library, U.S. DOJ—
ENRD, P.O. Box 7611, Washington, DC
20044–7611.
Please enclose a check or money order
for $19.75 (25 cents per page
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reproduction cost) payable to the United
States Treasury.
Maureen Katz,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2015–30955 Filed 12–8–15; 8:45 am]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
[OJP (NIJ) Docket No. 1703]
CBRN Protective Ensemble Standard
Workshop
National Institute of Justice
(NIJ), Justice.
ACTION: Notice of the CBRN Protective
Ensemble Standard Workshop.
AGENCY:
The NIJ and the Technical
Support Working Group are hosting a
workshop in conjunction with the 2105
Personal Protective Equipment
Workshop in Fort Lauderdale, FL. The
focus of the workshop is the research
conducted in support of the revision of
NIJ Standard 0116.00 CBRN Protective
Ensemble Standard for Law
Enforcement, found at https://
www.ncjrs.gov/pdffiles1/nij/221916.pdf.
The session is intended to inform
manufacturers, test laboratories,
certification bodies, and other interested
parties of these standards development
efforts. The workshop is being held
specifically to discuss recent progress
made toward the revision and to receive
input, comments, and
recommendations.
Space is limited at the workshop, and
as a result, only 50 participants will be
allowed to register for each session. It is
requested that each organization limit
their representatives to no more than
two per organization. Exceptions to this
limit may occur, should space allow.
Participants planning to attend are
responsible for their own travel
arrangements.
DATES: The workshop will be held on
Friday, December 18, 2015 from 9 a.m.
to 12 p.m.
Location: Fort Lauderdale Marriott
Harbor Beach Resort & Spa, 3030
Holiday Drive, Fort Lauderdale, FL
33316.
FOR FURTHER INFORMATION CONTACT: For
information about the NIJ CBRN
Ensemble standard, please contact Brian
Montgomery, by telephone at (202) 353–
9786 [Note: this is not a toll-free
telephone number], or by email at
brian.montgomery@usdoj.gov. For
general information about NIJ standards,
SUMMARY:
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Federal Register / Vol. 80, No. 236 / Wednesday, December 9, 2015 / Notices
inviting the participants in the
proceeding and other interested parties
to file supplemental briefs on certain
specified issues. On November 24, 2015,
the Register issued a memorandum
opinion in which she determined that
the question was not presented within
the meaning of 17 U.S.C. 802(f)(1)(B),
and therefore the Register did not opine
on the question’s merits. To provide the
public with notice of the Register’s
response, the Memorandum Opinion is
reproduced in its entirety below.
please visit https://www.nij.gov/
standards.
Nancy Rodriguez,
Director, National Institute of Justice.
[FR Doc. 2015–30974 Filed 12–8–15; 8:45 am]
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LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2015–5]
Copyright Royalty Judges’ Ability To
Set Rates and Terms That Distinguish
Among Different Types or Categories
of Licensors
U.S. Copyright Office, Library
of Congress.
ACTION: Final order.
AGENCY:
The Copyright Royalty Judges
(‘‘CRJs’’) referred a question of
substantive law to the Register of
Copyrights for resolution. The question
asked whether section 114 of the
Copyright Act or any other applicable
provision of the Act prohibits the CRJs
from setting rates and terms that
distinguish among different types or
categories of licensors. In a written
opinion that was transmitted to the
CRJs, the Register determined that the
question was not properly presented in
the proceeding and therefore the
Register did not opine on its merits.
That opinion is reproduced below.
DATES: Effective Date: November 24,
2015.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Stephen Ruwe, Assistant General
Counsel, U.S. Copyright Office, P.O. Box
70400, Washington, DC 20024.
Telephone: (202) 707–8350.
SUPPLEMENTARY INFORMATION: The
Copyright Royalty Judges are tasked
with determining and adjusting rates
and terms of royalty payments for
statutory licenses under the Copyright
Act. See 17 U.S.C. 801. If, in the course
of proceedings before the CRJs, novel
material questions of substantive law
concerning the interpretation of
provisions of title 17 arise, the CRJs are
required by statute to refer those
questions to the Register of Copyrights
for resolution. 17 U.S.C. 802(f)(1)(B).
On October 14, 2015, the CRJs,
invoking 17 U.S.C. 802(f)(1)(B), referred
to the Register the question of whether
section 114 of the Copyright Act or any
other applicable provision of the Act
prohibits the CRJs from setting rates and
terms that distinguish among different
types or categories of licensors. The
same day, the Register issued an order
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Dated: December 2, 2015.
Maria A. Pallante,
Register of Copyrights.
Before the U.S. Copyright Office
Library of Congress
Washington, DC 20559
In the Matter of DETERMINATION OF
ROYALTY RATES AND TERMS FOR
EPHEMERAL RECORDING AND
WEBCASTING DIGITAL PERFORMANCE OF
SOUND RECORDINGS (Web IV), Docket No.
14–CRB–0001–WR (2016–2020) (Web IV)
MEMORANDUM OPINION ON NOVEL
MATERIAL QUESTION OF LAW
In the above-captioned proceeding
(‘‘Web IV’’), currently pending before
the Copyright Royalty Judges (‘‘CRJs’’ or
‘‘Judges’’), the Judges will establish
royalty rates and terms for webcasters’
digital performance of sound recordings
and making of ephemeral recordings
under the statutory licenses embodied
in sections 112(e) and 114(f)(2) of the
Copyright Act (‘‘Act’’), such rates and
terms to apply for the five-year period
beginning January 1, 2016. The Act
requires the CRJs to establish rates and
terms that ‘‘distinguish among the
different types of eligible
nonsubscription transmission services
and new subscription services’’—that is,
among different types of webcasting
services—but does not include the same
instruction vis-a-vis the licensors of
sound recordings under the relevant
licenses.1
On September 11, 2015, relying upon
section 802(f)(1)(B), the CRJs referred to
the Register of Copyrights the following
question:
Does Section 114 of the Act (or any
other applicable provision of the Act)
prohibit the Judges from setting rates
and terms that distinguish among
different types or categories of licensors,
assuming a factual basis in the
evidentiary record before the Judges
demonstrates such a distinction in the
marketplace? 2
1 17
U.S.C. 114(f)(2).
Referring Novel Material Question of Law
and Setting Briefing Schedule, Docket No. 14–CRB–
2 Order
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Section 802(f)(1)(B) requires the CRJs to
request a decision of the Register ‘‘[i]n
any case in which a novel material
question of substantive law concerning
an interpretation of those provisions of
[title 17] that are the subject of the
proceeding is presented.’’ 3 The
Register’s decision is to be issued within
thirty days after the Register receives all
of the briefs or comments of the
participants and her determination
becomes part of the record of the
proceeding.4
For the reasons explained below, the
Register of Copyrights concludes that
the question posed by the CRJs is not in
fact ‘‘presented’’ in this proceeding, and
was therefore not properly referred to
the Register for decision.
I. Background
Rates and terms under the statutory
licenses set forth in sections 112(e) and
114(f)(2) are to be to be set under the
‘‘willing buyer/willing seller standard,’’
meaning that the rates and terms should
be those ‘‘that most clearly represent the
rates and terms that would have been
negotiated in the marketplace between a
willing buyer and a willing seller.’’ 5 In
establishing those rates and terms, the
CRJs ‘‘may consider the rates and terms
for comparable types of digital audio
transmission services and comparable
circumstances under voluntary license
agreements.’’ 6 The Act also specifies
that ‘‘[s]uch rates and terms shall
distinguish among the different types of
[services] then in operation . . . such
differences to be based on criteria
including, but not limited to, the
quantity and nature of the use of sound
recordings and the degree to which use
of the service may substitute for or may
promote the purchase of phonorecords
by consumers.’’ 7
Neither section 114 nor any other
provision of the Act includes any
express language addressing whether or
not webcasting rates and terms can
distinguish among licensors of sound
recordings. Since the inception of the
statutory license for the digital
performance of sound recordings in
1995, the CRJs—as well as their
predecessor, the Copyright Arbitration
Royalty Panels—have established
uniform rates and terms for all licensors
0001–WR (2016–2020) (Sept. 11, 2015) (‘‘Referral
Order’’).
3 17 U.S.C. 802(f)(1)(B)(i).
4 Id.
5 17 U.S.C. 114(f)(2)(B); see also id. § 112(e)(4).
6 17 U.S.C. 114(f)(2)(B); see also id. § 112(e)(4).
7 17 U.S.C. 114(f)(2)(B).
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Agencies
[Federal Register Volume 80, Number 236 (Wednesday, December 9, 2015)]
[Notices]
[Pages 76576-76577]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30974]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
[OJP (NIJ) Docket No. 1703]
CBRN Protective Ensemble Standard Workshop
AGENCY: National Institute of Justice (NIJ), Justice.
ACTION: Notice of the CBRN Protective Ensemble Standard Workshop.
-----------------------------------------------------------------------
SUMMARY: The NIJ and the Technical Support Working Group are hosting a
workshop in conjunction with the 2105 Personal Protective Equipment
Workshop in Fort Lauderdale, FL. The focus of the workshop is the
research conducted in support of the revision of NIJ Standard 0116.00
CBRN Protective Ensemble Standard for Law Enforcement, found at https://www.ncjrs.gov/pdffiles1/nij/221916.pdf. The session is intended to
inform manufacturers, test laboratories, certification bodies, and
other interested parties of these standards development efforts. The
workshop is being held specifically to discuss recent progress made
toward the revision and to receive input, comments, and
recommendations.
Space is limited at the workshop, and as a result, only 50
participants will be allowed to register for each session. It is
requested that each organization limit their representatives to no more
than two per organization. Exceptions to this limit may occur, should
space allow. Participants planning to attend are responsible for their
own travel arrangements.
DATES: The workshop will be held on Friday, December 18, 2015 from 9
a.m. to 12 p.m.
Location: Fort Lauderdale Marriott Harbor Beach Resort & Spa, 3030
Holiday Drive, Fort Lauderdale, FL 33316.
FOR FURTHER INFORMATION CONTACT: For information about the NIJ CBRN
Ensemble standard, please contact Brian Montgomery, by telephone at
(202) 353-9786 [Note: this is not a toll-free telephone number], or by
email at brian.montgomery@usdoj.gov. For general information about NIJ
standards,
[[Page 76577]]
please visit https://www.nij.gov/standards.
Nancy Rodriguez,
Director, National Institute of Justice.
[FR Doc. 2015-30974 Filed 12-8-15; 8:45 am]
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