Sunshine Act Meeting, 44896-44897 [2016-16432]
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44896
Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices
Kiowa Indian Tribe of Oklahoma may
proceed.
TARL is responsible for notifying the
Comanche Nation, Oklahoma, the
Kiowa Indian Tribe of Oklahoma, the
Mescalero Apache Tribe of the
Mescalero Reservation, New Mexico,
and the Tonkawa Tribe of Indians of
Oklahoma that this notice has been
published.
Dated: June 29, 2016.
Melanie O’Brien,
Manager, National NAGPRA Program.
[FR Doc. 2016–16277 Filed 7–8–16; 8:45 am]
BILLING CODE 4312–50–P
DEPARTMENT OF JUSTICE
sradovich on DSK3GDR082PROD with NOTICES
Notice of Lodging of Modification To
Consent Decree Under Comprehensive
Environmental Response,
Compensation, and Liability Act
Notice is hereby given that on June
30, 2016, a proposed modification
(‘‘Modification’’) to the consent decree
in United States v. City of Newburgh, et
al., Civil Action No. 08 Civ. 7378, was
lodged with the United States District
Court for the Southern District of New
York.
The Modification resolves the claims
of the United States under sections 107
and 113 of the Comprehensive
Environmental Response,
Compensation, and Liability Act of
1980, as amended, 42 U.S.C. 9607 and
9613, against 34 potentially responsible
parties (the ‘‘New Settlers’’) who
arranged for scrap metal containing
hazardous substances to be transported
to the Consolidated Iron and Metal
Company Superfund Site for treatment
or disposal. The site is a former
junkyard and scrap metal processing
facility located in the Newburgh, New
York. Consolidated Iron and Metal
Company, Inc., now defunct, operated
the facility from the 1950s until 1999.
Consolidated, while processing scrap
metal materials, contaminated the site
with hazardous substances, including
lead, polychlorinated biphenyls and
volatile organic compounds.
After the consent decree became
effective, the five defendants who
signed the consent decree (the ‘‘Original
Settlers’’) reached settlements with the
New Settlers. As permitted by the
consent decree, the Original Settlers
presented the settlements to the
Environmental Protection Agency for
potential inclusion in the consent
decree by amendment or separate
agreement, with the net proceeds to be
divided between the United States and
the Defendants. EPA has agreed to
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inclusion of the settlements with the
New Settlers.
The total net proceeds from these
settlements will be $717,070. In
accordance with the consent decree, the
Modification provides for the New
Settlers to pay $437,078 to the United
States and $279,992 to the Original
Settlers. The New Settlers will receive
contribution protection and a covenant
not to sue from the United States.
The publication of this notice opens
a period for public comment on the
Modification. Comments should be
addressed to the Assistant Attorney
General, Environment and Natural
Resources Division, and should refer to
United States v. City of Newburgh, et al.,
D.J. Ref. 90–11–3–07979/2. 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 email .......
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 Modification 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 Modification 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 $10.75 (25 cents per page
reproduction cost) payable to the United
States Treasury. For a paper copy
without the exhibits and signature
pages, the cost is $1.00.
Robert E. Maher, Jr.,
Assistant Section Chief, Environmental
Enforcement Section, Environment and
Natural Resources Division.
[FR Doc. 2016–16294 Filed 7–8–16; 8:45 am]
BILLING CODE 4410–15–P
LEGAL SERVICES CORPORATION
Sunshine Act Meeting
The Legal Services
Corporation’s Finance Committee will
meet telephonically on July 14, 2016.
The meeting will commence at 2:00
DATE AND TIME:
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p.m., EDT, and will continue until the
conclusion of the Committee’s agenda.
LOCATION: John N. Erlenborn Conference
Room, Legal Services Corporation
Headquarters, 3333 K Street NW.,
Washington, DC 20007.
PUBLIC OBSERVATION: Members of the
public who are unable to attend in
person but wish to listen to the public
proceedings may do so by following the
telephone call-in directions provided
below.
CALL-IN DIRECTIONS FOR OPEN SESSIONS:
• Call toll-free number: 1–866–451–
4981;
• When prompted, enter the
following numeric pass code:
5907707348
• When connected to the call, please
immediately ‘‘MUTE’’ your telephone.
Members of the public are asked to
keep their telephones muted to
eliminate background noises. To avoid
disrupting the meeting, please refrain
from placing the call on hold if doing so
will trigger recorded music or other
sound. From time to time, the Chair may
solicit comments from the public.
STATUS OF MEETING: Open.
MATTERS TO BE CONSIDERED:
1. Approval of agenda
2. Consider and act on FY 2018 Budget
Request Resolution 2016–XXX
• Jim Sandman, President
• Carol Bergman, Director,
Government Relations and Public
Affairs
• Jeffrey Schanz, Inspector General
3. Public comment
4. Consider and act on other business
5. Consider and act on adjournment of
meeting.
CONTACT PERSON FOR INFORMATION:
Katherine Ward, Executive Assistant to
the Vice President & General Counsel, at
(202) 295–1500. Questions may be sent
by electronic mail to FR_NOTICE_
QUESTIONS@lsc.gov.
ACCESSIBILITY: LSC complies with the
Americans with Disabilities Act and
Section 504 of the 1973 Rehabilitation
Act. Upon request, meeting notices and
materials will be made available in
alternative formats to accommodate
individuals with disabilities.
Individuals needing other
accommodations due to disability in
order to attend the meeting in person or
telephonically should contact Katherine
Ward, at (202) 295–1500 or FR_
NOTICE_QUESTIONS@lsc.gov, at least
2 business days in advance of the
meeting. If a request is made without
advance notice, LSC will make every
effort to accommodate the request but
cannot guarantee that all requests can be
fulfilled.
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Federal Register / Vol. 81, No. 132 / Monday, July 11, 2016 / Notices
Dated: July 7, 2016.
Katherine Ward,
Executive Assistant to the Vice President for
Legal Affairs and General Counsel.
[FR Doc. 2016–16432 Filed 7–7–16; 4:15 pm]
BILLING CODE 7050–01–P
LIBRARY OF CONGRESS
Copyright Royalty Board
[Docket No. 14–CRB–0006 DART SR (CO/
FA) (2013)]
Distribution of 2013 Digital Audio
Recording Royalty Funds
Copyright Royalty Board,
Library of Congress.
ACTION: Determination.
AGENCY:
The Copyright Royalty Judges
announce their determination regarding
distribution of the Digital Audio
Recording Technologies (DART)
royalties deposited with the Licensing
Division of the Copyright Office during
2013 to copyright owners and featured
recording artists. The Judges issued
their determination to the participants
in the proceeding in March 2016 and
received one motion for rehearing. On
May 6, 2016, the Judges denied the
motion and forwarded the
determination to the Register of
Copyrights for the mandatory 60-day
review prior to publication in the
Federal Register in accordance with 17
U.S.C. 801(f)(1)(D) & 803(c)(6).1
DATES: Effective Date: July 11, 2016.
FOR FURTHER INFORMATION CONTACT:
Kimberly Whittle at (202) 707–7658 or
at crb@loc.gov.
ADDRESSES: The final distribution order
is also published on the agency’s Web
site at www.loc.gov/crb.
SUPPLEMENTARY INFORMATION:
The purpose of this proceeding is to
distribute to copyright owners and
featured recording artists Digital Audio
Recording Technologies (DART)
royalties deposited with the Licensing
Division of the Copyright Office during
2013 under the Audio Home Recording
Act of 1992, Public Law 102–563, 106
Stat. 4237 (codified as amended at 17
U.S.C. 1000–1010).
Prior to the commencement of this
proceeding, AARC submitted notice that
it had reached a settlement with all but
five claimants to the 2013 DART Sound
Recordings Fund, Copyright Owners’
and Featured Artists’ subfunds, and
requested a partial distribution of 98%
of those funds. See AARC Notice of
sradovich on DSK3GDR082PROD with NOTICES
SUMMARY:
1 The short delay in publication of this
determination was a result of a staff shortage.
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Settlement and Request for Partial
Distribution . . . (Aug. 19, 2014). In
December 2014, the Copyright Royalty
Judges (Judges) granted AARC’s request
for a partial distribution of 98% of the
DART funds at issue in this proceeding.
See Order Granting AARC’s Request for
Partial Distribution . . . (Dec. 19, 2014).
The Copyright Royalty Judges (Judges)
ordered the remaining 2% of the fund
held pending settlement or adjudication
of controversies raised by the nonsettling claimants: David Powell, George
Clinton, Eugene Curry, Kami Talpa, and
Herman Kelly. All of the non-settling
parties were appearing in this
proceeding pro se. Their filings
appeared to claim only from the
Copyright Owners Subfund.
The Judges commenced the captioned
royalty distribution proceeding by
published notice in March 2015. See 80
FR 15632 (Mar. 24, 2015). The notice
announced April 23, 2015, as the
deadline for interested parties to file a
Petition to Participate in this
proceeding. The Judges received only
one valid and timely Petition to
Participate (PTP), that of the Alliance of
Artists and Recording Companies, Inc.
(AARC). The Judges did, however,
receive actual notice, in the form of
email, late-filed papers, and
correspondence, from other parties 2
claiming an interest in the sound
recording royalty funds held for
copyright owners and featured artists.
In June 2015, AARC, on its own
behalf and on behalf of Jeffrey E.
Jacobson, Esq. (together, the Settling
Parties), requested distribution of the
retained 2% of funds in both Sound
Recordings subfunds. Because the
Judges were aware of the pro se
claimants, they denied the AARC
motion without prejudice and provided
a second opportunity for parties in
interest to file a PTP, together with an
explanation for the failure to file in the
first instance. The Judges set a second
deadline for PTPs of September 15,
2015. Only Mr. Curry filed a timely PTP,
on his own behalf and on behalf of
TAJAI Music, Inc. (TAJAI). As Mr. Curry
is not an attorney (and thus ineligible to
represent a corporate entity in a
proceeding, see 37 CFR 350.2, the
Judges dismissed the portion of his PTP
relating to TAJAI. See Order Accepting
Petition . . . and Setting Schedule . . ..
(Jan. 7, 2016). Mr. Curry’s PTP
identified his claim as one to the
Copyright Owners’ subfund.
2 See, e.g., papers from George Clinton and
Ronald Ford (September, November, and December
2014), Eugene Curry/TAJAI Music (various dates
between September 2014 and January 2016), and
Herman Kelly (between December 2014 and
October 2015).
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44897
AARC subsequently requested
distribution of the retained 2% of funds
in the Sound Recordings Featured
Artists’ subfund. The Judges approved
this request, finding no controversy
relating to the Featured Artists’ subfund.
See Order Granting AARC’s Request for
Final Distribution . . . (Jan. 21, 2016).
With regard to the Copyright Owners’
subfund, the Judges ordered a paper
proceeding under 17 U.S.C. 803(b)(5).
See Order Granting AARC’s Request
. . . (Jan. 21, 2016). The ‘‘Settling
Parties’’ filed their Written Direct
Statement on February 8, 2016. Mr.
Curry filed no Written Direct Statement.
On January 28, 2016, the Judges
received a paper purporting to be a
‘‘Written Direct Statement and Petition
to Participate in Respect, Answer to
Court’s Order Dated Jan 7, 2016’’ from
Mr. Herman Kelly. On February 8, 2016
the Settling Parties moved to reject Mr.
Kelly’s filing. On March 3, 2016, the
Settling Parties filed a Motion to
Dismiss Eugene Curry/TAJAI Music,
Inc.’s Claims to Any Portion of the 2013
Sound Recordings Funds.
Having considered all the filings
relating to the 2013 Sound Recordings
DART funds, the Judges find:
1. Mr. Kelly failed to file a Petition to
Participate in this proceeding by the first or
second deadline set by the Judges. Mr. Kelly
also failed to offer any basis by which the
Judges might consider excusable neglect for
his failure to make a timely filing, as required
by the Judges’ procedural rules and orders.
The Judges DISMISS Mr. Kelly’s untimely
and invalid PTP. Moreover, even if Mr. Kelly
had timely filed his combined ‘‘Written
Direct Statement and Petition to Participate,’’
the Judges would have dismissed his PTP as
deficient, because it failed to (1) state the
basis for his claimed interest and (2) provide
evidence of sales of any sound recording to
which he holds rights. Mr. Kelly’s Written
Direct Statement also does not provide
factual evidence; rather, it asks the Judges to
‘‘consider his settlement compromise request
for a [sic] equal share of the 2% featured
recording artist subfund, copyright owners
subfund . . .’’ 3 Accordingly, Mr. Kelly’s
filing fails to establish a right to any of the
funds remaining in the DART Sound
Recordings royalty fund for 2013.
2. The Settling Claimants presented
uncontroverted evidence that neither Mr.
Curry nor TAJAI have a right to sound
recording royalties for any year. See Michael
L. Stern WDT at 3–5, Cynthia Oliver WDT at
1.4 The sound recording rights to the music
claimed by Mr. Curry are owned by Universal
Music Group.5 There are no reports of sales
3 As noted, the Judges ordered final distribution
of the Featured Artists subfund in January 2016.
4 The Settling Parties submitted the witnesses’
written direct testimony and supporting exhibits in
their timely filed Written Direct Statement.
5 The Judges make no finding with respect to
whether Mr. Curry or TAJAI Music, Inc. has any
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Agencies
[Federal Register Volume 81, Number 132 (Monday, July 11, 2016)]
[Notices]
[Pages 44896-44897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16432]
=======================================================================
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LEGAL SERVICES CORPORATION
Sunshine Act Meeting
DATE AND TIME: The Legal Services Corporation's Finance Committee will
meet telephonically on July 14, 2016. The meeting will commence at 2:00
p.m., EDT, and will continue until the conclusion of the Committee's
agenda.
LOCATION: John N. Erlenborn Conference Room, Legal Services Corporation
Headquarters, 3333 K Street NW., Washington, DC 20007.
PUBLIC OBSERVATION: Members of the public who are unable to attend in
person but wish to listen to the public proceedings may do so by
following the telephone call-in directions provided below.
CALL-IN DIRECTIONS FOR OPEN SESSIONS:
Call toll-free number: 1-866-451-4981;
When prompted, enter the following numeric pass code:
5907707348
When connected to the call, please immediately ``MUTE''
your telephone.
Members of the public are asked to keep their telephones muted to
eliminate background noises. To avoid disrupting the meeting, please
refrain from placing the call on hold if doing so will trigger recorded
music or other sound. From time to time, the Chair may solicit comments
from the public.
STATUS OF MEETING: Open.
MATTERS TO BE CONSIDERED:
1. Approval of agenda
2. Consider and act on FY 2018 Budget Request Resolution 2016-XXX
Jim Sandman, President
Carol Bergman, Director, Government Relations and Public
Affairs
Jeffrey Schanz, Inspector General
3. Public comment
4. Consider and act on other business
5. Consider and act on adjournment of meeting.
CONTACT PERSON FOR INFORMATION: Katherine Ward, Executive Assistant to
the Vice President & General Counsel, at (202) 295-1500. Questions may
be sent by electronic mail to FR_NOTICE_QUESTIONS@lsc.gov.
ACCESSIBILITY: LSC complies with the Americans with Disabilities Act
and Section 504 of the 1973 Rehabilitation Act. Upon request, meeting
notices and materials will be made available in alternative formats to
accommodate individuals with disabilities. Individuals needing other
accommodations due to disability in order to attend the meeting in
person or telephonically should contact Katherine Ward, at (202) 295-
1500 or FR_NOTICE_QUESTIONS@lsc.gov, at least 2 business days in
advance of the meeting. If a request is made without advance notice,
LSC will make every effort to accommodate the request but cannot
guarantee that all requests can be fulfilled.
[[Page 44897]]
Dated: July 7, 2016.
Katherine Ward,
Executive Assistant to the Vice President for Legal Affairs and General
Counsel.
[FR Doc. 2016-16432 Filed 7-7-16; 4:15 pm]
BILLING CODE 7050-01-P