Distribution of the 2007, 2008, 2009, 2010, and 2011 Digital Audio Recording Technology Royalty Funds for the Sound Recordings Funds, 66312-66313 [2018-27797]
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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.
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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
https://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
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20:07 Dec 21, 2018
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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:
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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
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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)
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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
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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
