Distribution of the 2007, 2008, 2009, 2010, and 2011 Digital Audio Recording Technology Royalty Funds for the Sound Recordings Funds, 66312-66313 [2018-27797]

Download as PDF 66312 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices performed a detailed analysis of the application packet and reviewed other pertinent information. OSHA did not perform any on-site reviews in relation to this application. Table 1 lists the appropriate test standard found in CSL’s application to expand for testing and certification of products under the NRTL Program. CSL’s application for expansion of the scope of recognition. The Assistant Secretary will make the final decision on granting the application. In making this decision, the Assistant Secretary may undertake other proceedings prescribed in Appendix A to 29 CFR 1910.7. OSHA will publish a public notice of its final decision in the Federal Register. TABLE 1—PROPOSED LIST APPROPRIATE TEST STANDARD FOR INCLU- IV. Authority and Signature SION IN CSL’S NRTL SCOPE OF Loren Sweatt, Deputy Assistant RECOGNITION Test standard UL 962 ........... Test standard title Household and Commercial Furnishings. amozie on DSK3GDR082PROD with NOTICES1 III. Preliminary Findings on the Application CSL submitted an acceptable application for expansion of the scope of recognition. OSHA’s review of the application file, and pertinent documentation, indicates CSL can meet the requirements prescribed by 29 CFR 1910.7 for expanding recognition to include the addition of this one test standard for NRTL testing and certification listed above. This preliminary finding does not constitute an interim or temporary approval of CSL’s application. OSHA welcomes public comment as to whether CSL meets the requirements of 29 CFR 1910.7 for expansion of recognition as a NRTL. Comments should consist of pertinent written documents and exhibits. Commenters needing more time to comment must submit a request in writing, stating the reasons for the request. Commenters must submit the written request for an extension by the due date for comments. OSHA will limit any extension to 10 days unless the requester justifies a longer period. OSHA may deny a request for an extension if the request is not adequately justified. To obtain or review copies of the exhibits identified in this notice, as well as comments submitted to the docket, contact the Docket Office, Room N–2625, Occupational Safety and Health Administration, U.S. Department of Labor, at the above address. These materials also are available online at http://www.regulations.gov under Docket No. OSHA–2009–0026. OSHA staff will review all comments to the docket submitted in a timely manner. After addressing the issues raised by these comments, the agency will make a recommendation to the Assistant Secretary for Occupational Safety and Health whether to grant VerDate Sep<11>2014 20:07 Dec 21, 2018 Jkt 247001 Secretary of Labor for Occupational Safety and Health, authorized the preparation of this notice. Accordingly, the Agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2), Secretary of Labor’s Order No. 1–2012 (77 FR 3912, Jan. 25, 2012), and 29 CFR 1910.7. Signed at Washington, DC, on December 18, 2018. Loren Sweatt, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2018–27856 Filed 12–21–18; 8:45 am] BILLING CODE 4510–26–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. CONSOLIDATED 2008–3 CRB DD (2007–2011 SRF)] Distribution of the 2007, 2008, 2009, 2010, and 2011 Digital Audio Recording Technology Royalty Funds for the Sound Recordings Funds Copyright Royalty Board (CRB), Library of Congress. ACTION: Notice announcing commencement of proceeding with request for Petitions to Participate. AGENCY: The Copyright Royalty Judges announce the commencement of a proceeding to determine the distribution of the digital audio recording technology royalty fees in the 2007, 2008, 2009, 2010, and 2011 Sound Recordings Funds. The Judges also announce the date by which a party who wishes to participate in this proceeding must file its Petition to Participate and the accompanying filing fee, if applicable. DATES: Petitions to Participate and the filing fee, if applicable, are due no later than January 25, 2019. ADDRESSES: Interested claimants must submit petitions to participate and the filing fee, if applicable, identified by docket number CONSOLIDATED 2008– 3 CRB DD (2007–2011 SRF), by using SUMMARY: PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 the CRB’s electronic filing application, eCRB, at https://app.crb.gov/. Claimants without access to the internet may file using any of the following methods: U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024– 0977; or Overnight service (only USPS Express Mail is acceptable): Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024–0977; or Commercial courier: Address package to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM–403, 101 Independence Avenue SE, Washington, DC 20559– 6000. Deliver to: Congressional Courier Acceptance Site, 2nd Street NE and D Street NE, Washington, DC; or Hand delivery: Library of Congress, James Madison Memorial Building, LM– 401, 101 Independence Avenue SE, Washington, DC 20559–6000. Instructions: Unless submitting online, claimants must submit an original, two paper copies, and an electronic version on a CD. All submissions received must include the Copyright Royalty Board name and docket number. All submissions received will be posted without change on eCRB including any personal information provided. Docket: For access to the docket to read background documents, go to eCRB, the Copyright Royalty Board’s electronic filing and case management system, at https://app.crb.gov/ and search for docket number CONSOLIDATED 2008–3 CRB DD (2007–2011 SRF). For documents not yet uploaded to eCRB (because it is a new system), go to the agency website at https://www.crb.gov/ or contact the CRB Program Specialist. FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, by phone at (202) 707–7658 or by email at crb@loc.gov. SUPPLEMENTARY INFORMATION: Background The Audio Home Recording Act of 1992 (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 to eligible claimants. 17 U.S.C. 1005, 1007. Royalties are divided into two funds: the Sound Recordings Fund (66– 2/3%) and the Musical Works Fund (33–1/3%). These fees in turn are allocated to specific subfunds. 17 U.S.C. 1006(b). The Sound Recordings Fund, which is the subject of this notice, is divided between the Copyright Owners E:\FR\FM\26DEN1.SGM 26DEN1 Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices amozie on DSK3GDR082PROD with NOTICES1 Subfund (60%) and the Featured Recording Artists Subfund (40%), after small portions are distributed to nonfeatured musicians and nonfeatured vocalists. 17 U.S.C. 1006(b)(1). Distribution of the fees in the two subfunds may occur in one of two ways. The interested copyright parties within each subfund may negotiate the terms of a settlement as to the division of royalty funds. If, after any such agreements, funds remain in dispute, the Copyright Royalty Judges may conduct a proceeding to determine the distribution of the royalties that remain in controversy in each subfund. 17 U.S.C. 1006(c) & 1007(c). The Judges have distributed 100% of the royalties for the Featured Recording Artists Subfund of the 2008 Sound Recordings Fund. Distribution Order, Docket No. 2009–3 CRB DD 2008 (June 24, 2009). However, the Judges have ordered only partial distributions of the 2007, 2008, 2009, 2010, and 2011 (from both the Copyright Owners Subfund and the Featured Recording Artists Subfund) because the interested copyright parties have not settled their disputes over remaining amounts. See, e.g., Order Granting AARC’s Request for Partial Distribution of 2011 DART Sound Recordings Funds; Docket No. 2012–3 CRB DD 2011 (Sept. 20, 2012); Order Granting in Part AARC’s Supplemental Request for Partial Distribution of 2007, 2008 and 2009 DART Sound Recordings Fund Royalties, Docket Nos. 2008–3 CRB DD 2007, 2009–3 CRB DD 2008; and 2010–5 CRB DD 2009 (March 8, 2012); Order Granting AARC’s Request for Partial Distribution of 2010 DART Sound Recordings Funds, Docket No. 2011–6 CRB DD 2010 (Nov. 17, 2011); Order Granting AARC’s Request for Partial Distribution of 2008 DART Sound Recordings Fund/Copyright Owners Subfund Royalties; Docket No. 2009–3 CRB DD 2008 (Aug. 19, 2009); Distribution Order, Docket No. 2008–3 CRB DD 2007 (Oct. 14, 2008). Consistent with 17 U.S.C. 804(b)(8), the Judges determine that, for the reasons stated above, a controversy exists with respect to the distribution of the 2007, 2009, 2010, and 2011 DART Sound Recordings Fund royalties from the Copyright Owners Subfund and the Featured Recording Artists Subfund and, with respect to 2008, from the Copyright Owners Subfund. Commencement of Proceeding By this notice, the Judges announce the commencement of a proceeding to determine the final distribution of DART Sound Recordings Funds (from both the Copyright Owners Subfund and the Featured Recording Artists Subfund) VerDate Sep<11>2014 20:07 Dec 21, 2018 Jkt 247001 for royalty years 2007, 2009, 2010, and 2011, and from the Copyright Owners Subfund for 2008. Petitions To Participate Petitions to Participate must provide all of the information required by 37 CFR 351.1(b)(2). Participants also must identify by year each subfund in the Sound Recordings Fund to which they are asserting a claim (i.e., Copyright Owners, Featured Recording Artists, or both). Petitions to Participate submitted by interested parties whose claims do not exceed $1,000 must contain a statement that the party will not seek a distribution of more than $1,000. 37 CFR 351.1(b)(4). No filing fee is required for such parties. Interested parties with claims exceeding $1,000, however, must submit a filing fee of $150 with their respective Petitions to Participate, or the petition will be rejected. CASH WILL NOT BE ACCEPTED. Parties filing online through eCRB must pay by credit card. Any party without access to the internet must pay the filing fee with a check or money order made payable to the ‘‘Copyright Royalty Board’’ and mailed or delivered with a paper claim form, as described in the ‘‘Addresses’’ section above. If a check is returned for lack of sufficient funds, the corresponding Petition to Participate will be dismissed. Any participant that is an individual may represent herself or himself. All other participants must be represented by counsel. In accordance with 37 CFR 350.2 (Representation), only attorneys who are members of the bar in one or more states or the District of Columbia and in good standing will be allowed to represent parties before the Copyright Royalty Judges. The Judges will address further procedural matters, including scheduling, after Petitions to Participate have been filed. 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 after previously approved partial distributions and the anticipated small number of nonsettling claimants. In paper proceedings, the Judges enter an order scheduling 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). The Judges make their determination on the basis of these filings. Any party wishing PO 00000 Frm 00077 Fmt 4703 Sfmt 4703 66313 to comment on the Judges’ intention to conduct a paper proceeding should include such comments in its Petition to Participate. Suzanne M. Barnett, Chief U.S. Copyright Royalty Judge. [FR Doc. 2018–27797 Filed 12–21–18; 8:45 am] BILLING CODE 1410–72–P NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts Arts Advisory Panel Meetings National Endowment for the Arts, National Foundation on the Arts and the Humanities. ACTION: Notice of meetings. AGENCY: Pursuant to the Federal Advisory Committee Act, as amended, notice is hereby given that 1 meeting of the Arts Advisory Panel to the National Council on the Arts will be held by teleconference or videoconference. DATES: See the SUPPLEMENTARY INFORMATION section for individual meeting times and dates. All meetings are Eastern time and ending times are approximate: SUMMARY: National Endowment for the Arts, Constitution Center, 400 7th St. SW, Washington, DC 20506. FOR FURTHER INFORMATION CONTACT: Further information with reference to these meetings can be obtained from Ms. Sherry Hale, Office of Guidelines & Panel Operations, National Endowment for the Arts, Washington, DC 20506; hales@arts.gov, or call 202/682–5696. SUPPLEMENTARY INFORMATION: The closed portions of meetings are for the purpose of Panel review, discussion, evaluation, and recommendations on financial assistance under the National Foundation on the Arts and the Humanities Act of 1965, as amended, including information given in confidence to the agency. In accordance with the determination of the Chairman of July 5, 2016, these sessions will be closed to the public pursuant to subsection (c)(6) of section 552b of title 5, United States Code. The upcoming meeting is: International Activities: Performing Arts Global Exchange, U.S. Artist International, Performing Arts Discovery, Shakespeare in American Communities (review of applications): This meeting will be closed. Date and time: January 31, 2019; 2:00 p.m. to 4:00 p.m. ADDRESSES: E:\FR\FM\26DEN1.SGM 26DEN1

Agencies

[Federal Register Volume 83, Number 246 (Wednesday, December 26, 2018)]
[Notices]
[Pages 66312-66313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-27797]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. CONSOLIDATED 2008-3 CRB DD (2007-2011 SRF)]


Distribution of the 2007, 2008, 2009, 2010, and 2011 Digital 
Audio Recording Technology Royalty Funds for the Sound Recordings Funds

AGENCY: Copyright Royalty Board (CRB), Library of Congress.

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

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

SUMMARY: The Copyright Royalty Judges announce the commencement of a 
proceeding to determine the distribution of the digital audio recording 
technology royalty fees in the 2007, 2008, 2009, 2010, and 2011 Sound 
Recordings Funds. The Judges also announce the date by which a party 
who wishes to participate in this proceeding must file its Petition to 
Participate and the accompanying filing fee, if applicable.

DATES: Petitions to Participate and the filing fee, if applicable, are 
due no later than January 25, 2019.

ADDRESSES: Interested claimants must submit petitions to participate 
and the filing fee, if applicable, identified by docket number 
CONSOLIDATED 2008-3 CRB DD (2007-2011 SRF), by using the CRB's 
electronic filing application, eCRB, at https://app.crb.gov/. Claimants 
without access to the internet may file using any of the following 
methods:
    U.S. mail: Copyright Royalty Board, P.O. Box 70977, Washington, DC 
20024-0977; or Overnight service (only USPS Express Mail is 
acceptable): Copyright Royalty Board, P.O. Box 70977, Washington, DC 
20024-0977; or
    Commercial courier: Address package to: Copyright Royalty Board, 
Library of Congress, James Madison Memorial Building, LM-403, 101 
Independence Avenue SE, Washington, DC 20559-6000. Deliver to: 
Congressional Courier Acceptance Site, 2nd Street NE and D Street NE, 
Washington, DC; or
    Hand delivery: Library of Congress, James Madison Memorial 
Building, LM-401, 101 Independence Avenue SE, Washington, DC 20559-
6000.
    Instructions: Unless submitting online, claimants must submit an 
original, two paper copies, and an electronic version on a CD. All 
submissions received must include the Copyright Royalty Board name and 
docket number. All submissions received will be posted without change 
on eCRB including any personal information provided.
    Docket: For access to the docket to read background documents, go 
to eCRB, the Copyright Royalty Board's electronic filing and case 
management system, at https://app.crb.gov/ and search for docket number 
CONSOLIDATED 2008-3 CRB DD (2007-2011 SRF). For documents not yet 
uploaded to eCRB (because it is a new system), go to the agency website 
at https://www.crb.gov/ or contact the CRB Program Specialist.

FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist, 
by phone at (202) 707-7658 or by email at crb@loc.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The Audio Home Recording Act of 1992 (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 to eligible claimants. 17 U.S.C. 1005, 1007. 
Royalties are divided into two funds: the Sound Recordings Fund (66-2/
3%) and the Musical Works Fund (33-1/3%). These fees in turn are 
allocated to specific subfunds. 17 U.S.C. 1006(b). The Sound Recordings 
Fund, which is the subject of this notice, is divided between the 
Copyright Owners

[[Page 66313]]

Subfund (60%) and the Featured Recording Artists Subfund (40%), after 
small portions are distributed to nonfeatured musicians and nonfeatured 
vocalists. 17 U.S.C. 1006(b)(1).
    Distribution of the fees in the two subfunds may occur in one of 
two ways. The interested copyright parties within each subfund may 
negotiate the terms of a settlement as to the division of royalty 
funds. If, after any such agreements, funds remain in dispute, the 
Copyright Royalty Judges may conduct a proceeding to determine the 
distribution of the royalties that remain in controversy in each 
subfund. 17 U.S.C. 1006(c) & 1007(c).
    The Judges have distributed 100% of the royalties for the Featured 
Recording Artists Subfund of the 2008 Sound Recordings Fund. 
Distribution Order, Docket No. 2009-3 CRB DD 2008 (June 24, 2009). 
However, the Judges have ordered only partial distributions of the 
2007, 2008, 2009, 2010, and 2011 (from both the Copyright Owners 
Subfund and the Featured Recording Artists Subfund) because the 
interested copyright parties have not settled their disputes over 
remaining amounts. See, e.g., Order Granting AARC's Request for Partial 
Distribution of 2011 DART Sound Recordings Funds; Docket No. 2012-3 CRB 
DD 2011 (Sept. 20, 2012); Order Granting in Part AARC's Supplemental 
Request for Partial Distribution of 2007, 2008 and 2009 DART Sound 
Recordings Fund Royalties, Docket Nos. 2008-3 CRB DD 2007, 2009-3 CRB 
DD 2008; and 2010-5 CRB DD 2009 (March 8, 2012); Order Granting AARC's 
Request for Partial Distribution of 2010 DART Sound Recordings Funds, 
Docket No. 2011-6 CRB DD 2010 (Nov. 17, 2011); Order Granting AARC's 
Request for Partial Distribution of 2008 DART Sound Recordings Fund/
Copyright Owners Subfund Royalties; Docket No. 2009-3 CRB DD 2008 (Aug. 
19, 2009); Distribution Order, Docket No. 2008-3 CRB DD 2007 (Oct. 14, 
2008).
    Consistent with 17 U.S.C. 804(b)(8), the Judges determine that, for 
the reasons stated above, a controversy exists with respect to the 
distribution of the 2007, 2009, 2010, and 2011 DART Sound Recordings 
Fund royalties from the Copyright Owners Subfund and the Featured 
Recording Artists Subfund and, with respect to 2008, from the Copyright 
Owners Subfund.

Commencement of Proceeding

    By this notice, the Judges announce the commencement of a 
proceeding to determine the final distribution of DART Sound Recordings 
Funds (from both the Copyright Owners Subfund and the Featured 
Recording Artists Subfund) for royalty years 2007, 2009, 2010, and 
2011, and from the Copyright Owners Subfund for 2008.

Petitions To Participate

    Petitions to Participate must provide all of the information 
required by 37 CFR 351.1(b)(2). Participants also must identify by year 
each subfund in the Sound Recordings Fund to which they are asserting a 
claim (i.e., Copyright Owners, Featured Recording Artists, or both).
    Petitions to Participate submitted by interested parties whose 
claims do not exceed $1,000 must contain a statement that the party 
will not seek a distribution of more than $1,000. 37 CFR 351.1(b)(4). 
No filing fee is required for such parties. Interested parties with 
claims exceeding $1,000, however, must submit a filing fee of $150 with 
their respective Petitions to Participate, or the petition will be 
rejected. CASH WILL NOT BE ACCEPTED. Parties filing online through eCRB 
must pay by credit card. Any party without access to the internet must 
pay the filing fee with a check or money order made payable to the 
``Copyright Royalty Board'' and mailed or delivered with a paper claim 
form, as described in the ``Addresses'' section above. If a check is 
returned for lack of sufficient funds, the corresponding Petition to 
Participate will be dismissed.
    Any participant that is an individual may represent herself or 
himself. All other participants must be represented by counsel. In 
accordance with 37 CFR 350.2 (Representation), only attorneys who are 
members of the bar in one or more states or the District of Columbia 
and in good standing will be allowed to represent parties before the 
Copyright Royalty Judges. The Judges will address further procedural 
matters, including scheduling, after Petitions to Participate have been 
filed.

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 after 
previously approved partial distributions and the anticipated small 
number of non-settling claimants. In paper proceedings, the Judges 
enter an order scheduling 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). The 
Judges make their determination on the basis of these filings. Any 
party wishing to comment on the Judges' intention to conduct a paper 
proceeding should include such comments in its Petition to Participate.

Suzanne M. Barnett,
Chief U.S. Copyright Royalty Judge.
[FR Doc. 2018-27797 Filed 12-21-18; 8:45 am]
 BILLING CODE 1410-72-P