Notice of Intent To Audit, 2642-2643 [2023-00640]

Download as PDF 2642 Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices acknowledgment that the organization can perform independent safety testing and certification of the specific products covered within the scope of recognition and is not a delegation or grant of government authority. As a result of recognition, employers may use products properly approved by the NRTL to meet OSHA standards that require testing and certification of the products. The agency processes applications by a NRTL for initial recognition, or for expansion or renewal of this recognition, following requirements in Appendix A to 29 CFR 1910.7. This appendix requires that the agency publish two notices in the Federal Register in processing an application. In the first notice, OSHA announces the application and provides the preliminary finding, and in the second notice, the agency provides the final decision on the application. These notices set forth the NRTL’s scope of recognition or modifications of that scope. OSHA maintains an informational web page for each NRTL that details the scope of recognition. These pages are available from the agency’s website at https:// www.osha.gov/dts/otpca/nrtl/ index.html. MET submitted an application, dated September 3, 2021 (OSHA–2006–0028– 0092), to expand the recognition to include two additional test standards. OSHA staff performed a detailed analysis of the application packet and reviewed other pertinent information. OSHA did not perform any on-site reviews in relation to the application. OSHA published the preliminary notice announcing MET’s expansion application in the Federal Register on November 23, 2022 (87 FR 71684). The agency requested comments by December 8, 2022, but it received no comments in response to this notice. OSHA now is proceeding with this final notice to grant expansion of MET’s scope of recognition. To obtain or review copies of all public documents pertaining to MET’s application, go to https:// www.regulations.gov or contact the OSHA Docket Office. Docket No. OSHA–2006–0028 contains all materials in the record concerning MET’s recognition. Please note: Due to the COVID–19 pandemic, the Docket Office is closed to the public at this time but can be contacted at (202) 693–2350 (TTY ((877) 889–5627). II. Final Decision and Order OSHA staff examined MET’s expansion application, the capability to meet the requirements of the test standard, and other pertinent information. Based on the review of this evidence, OSHA finds that MET meets the requirements of 29 CFR 1910.7 for expansion of the NRTL scope of recognition, subject to the limitation and conditions listed below. OSHA, therefore, is proceeding with this final notice to grant MET’s scope of recognition. OSHA limits the expansion of MET’s recognition to testing and certification of products for demonstration of conformance to the test standards listed in Table 1. khammond on DSKJM1Z7X2PROD with NOTICES TABLE 1—LIST OF APPROPRIATE TEST STANDARDS FOR INCLUSION IN MET’S NRTL SCOPE OF RECOGNITION Test Standard Test standard title UL 698A .............................................................. UL 60079–31 ...................................................... Standard for Industrial Control Panels Related to Hazardous (Classified) Locations Standard for Safety Explosive Atmospheres—Part 31: Equipment Dust Ignition Protection by Enclosure ‘‘t’’ OSHA’s recognition of any NRTL for a particular test standard is limited to equipment or materials for which OSHA standards require third-party testing and certification before using them in the workplace. Consequently, if a test standard also covers any products for which OSHA does not require such testing and certification, a NRTL’s scope of recognition does not include these products. The American National Standards Institute (ANSI) may approve the test standards listed above as American National Standards. However, for convenience, the use of the designation of the standards-developing organization for the standard as opposed to the ANSI designation may occur. Under the NRTL Program’s policy (see OSHA Instruction CPL 01–00–004, Chapter 2, Section VIII), only standards determined to be appropriate test standards may be approved for NRTL recognition. Any NRTL recognized for a particular test standard may use either the proprietary version of the test standard or the ANSI version of that standard. Contact ANSI to determine whether a test standard is currently ANSI-approved. VerDate Sep<11>2014 18:16 Jan 13, 2023 Jkt 259001 A. Conditions In addition to those conditions already required by 29 CFR 1910.7, MET must abide by the following conditions of the recognition: 1. MET must inform OSHA as soon as possible, in writing, of any change of ownership, facilities, or key personnel, and of any major change in their operations as a NRTL, and provide details of the change(s); 2. MET must meet all the terms of the NRTL recognition and comply with all OSHA policies pertaining to this recognition; and 3. MET must continue to meet the requirements for recognition, including all previously published conditions on MET’s scope of recognition, in all areas for which it has recognition. Pursuant to the authority in 29 CFR 1910.7, OSHA hereby expands the scope of recognition of MET, subject to the limitations and conditions specified above. III. Authority and Signature Frm 00044 Fmt 4703 Sfmt 4703 Signed at Washington, DC, on January 10, 2023. James S. Frederick, Deputy Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2023–00676 Filed 1–13–23; 8:45 am] BILLING CODE 4510–26–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 22–CRB–0013–AU (Education Media Foundation)] Notice of Intent To Audit Copyright Royalty Board, Library of Congress. ACTION: Public notice. AGENCY: The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of a notice of intent to audit the 2019, 2020, and 2021 statements of account submitted by Education Media SUMMARY: James S. Frederick, Deputy Assistant Secretary of Labor for Occupational Safety and Health, authorized the preparation of this notice. Accordingly, PO 00000 the agency is issuing this notice pursuant to 29 U.S.C. 657(g)(2), Secretary of Labor’s Order No. 8–2020 (85 FR 58393, Sept. 18, 2020)), and 29 CFR 1910.7. E:\FR\FM\17JAN1.SGM 17JAN1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 88, No. 10 / Tuesday, January 17, 2023 / Notices Foundation’s Noncommercial Webcaster service concerning royalty payments they made pursuant to two statutory licenses. ADDRESSES: Docket: For access to the dockets to read background documents, go to eCRB at https://app.crb.gov and perform a case search for docket 22– CRB–0013–AU (Education Media Foundation). FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707–7658, crb@ loc.gov. SUPPLEMENTARY INFORMATION: The Copyright Act grants to sound recordings copyright owners the exclusive right to publicly perform sound recordings by means of certain digital audio transmissions, subject to limitations. Specifically, the right is limited by the statutory license in section 114, which allows nonexempt noninteractive digital subscription services, eligible nonsubscription services, and preexisting satellite digital audio radio services to perform publicly sound recordings by means of digital audio transmissions. 17 U.S.C. 114(f). In addition, a statutory license in section 112 allows a service to make necessary ephemeral reproductions to facilitate digital transmission of the sound recording. 17 U.S.C. 112(e). Licensees may operate under these licenses provided they pay the royalty fees and comply with the terms set by the Copyright Royalty Judges. The rates and terms for the section 112 and 114 licenses are codified in 37 CFR parts 380 and 382–84. As one of the terms for these licenses, the Judges designated SoundExchange, Inc., (SoundExchange) as the Collective, i.e., the organization charged with collecting the royalty payments and statements of account submitted by licensees, including those that operate commercial webcaster services, preexisting satellite digital audio radio services, new subscription services, and those that make ephemeral copies for transmission to business establishments. The Collective is also charged with distributing the royalties to the copyright owners and performers entitled to receive them under the section 112 and 114 licenses. See 37 CFR 380.4(d)(1), 382.5(d)(1), 383.4(a), 384.4(b)(1). As the Collective, SoundExchange may, only once a year, conduct an audit of a licensee for any or all of the prior three calendar years to verify royalty payments. SoundExchange must first file with the Judges a notice of intent to audit a licensee and deliver the notice to the licensee. See 37 CFR 380.6(b), 382.7(b), 383.4(a) and 384.6(b). VerDate Sep<11>2014 18:16 Jan 13, 2023 Jkt 259001 On December 23, 2022, SoundExchange filed with the Judges a notice of intent to audit the statements of account submitted by Educational Media Foundation’s Noncommercial Webcasters service for the years 2019, 2020, and 2021. The Judges must publish notice in the Federal Register within 30 days of receipt of a notice announcing the Collective’s intent to conduct an audit. See 37 CFR 380.6(c) 382.7(c), 383.4(a) and 384.6(c). This notice fulfills the Judges’ publication obligation with respect to SoundExchange’s December 23, 2022 notice of intent to audit Educational Media Foundation for the years 2019, 2020, and 2021. Dated: January 10, 2023. David P. Shaw, Chief Copyright Royalty Judge. [FR Doc. 2023–00640 Filed 1–13–23; 8:45 am] BILLING CODE 1410–72–P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 22–CRB–0009–AU (Stingray Group Inc.)] Notice of Intent To Audit Copyright Royalty Board, Library of Congress. ACTION: Public notice. AGENCY: The Copyright Royalty Judges announce receipt from SoundExchange, Inc., of a notice of intent to audit the 2019, 2020, and 2021 statements of account submitted by Stingray Group Inc.’s various services, including its Commercial Webcaster Service, New Subscription Service, and Business Establishment Service, concerning royalty payments they made pursuant to two statutory licenses. ADDRESSES: Docket: For access to the dockets to read background documents, go to eCRB at https://app.crb.gov and perform a case search for docket 22– CRB–0009–AU (Stingray Group Inc.). FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707–7658, crb@ loc.gov. SUPPLEMENTARY INFORMATION: The Copyright Act grants to sound recordings copyright owners the exclusive right to publicly perform sound recordings by means of certain digital audio transmissions, subject to limitations. Specifically, the right is limited by the statutory license in section 114, which allows nonexempt noninteractive digital subscription services, eligible nonsubscription services, and preexisting satellite digital SUMMARY: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 2643 audio radio services to perform publicly sound recordings by means of digital audio transmissions. 17 U.S.C. 114(f). In addition, a statutory license in section 112 allows a service to make necessary ephemeral reproductions to facilitate digital transmission of the sound recording. 17 U.S.C. 112(e). Licensees may operate under these licenses provided they pay the royalty fees and comply with the terms set by the Copyright Royalty Judges. The rates and terms for the section 112 and 114 licenses are codified in 37 CFR parts 380 and 382–84. As one of the terms for these licenses, the Judges designated SoundExchange, Inc., (SoundExchange) as the Collective, i.e., the organization charged with collecting the royalty payments and statements of account submitted by licensees, including those that operate commercial webcaster services, preexisting satellite digital audio radio services, new subscription services, and those that make ephemeral copies for transmission to business establishments. The Collective is also charged with distributing the royalties to the copyright owners and performers entitled to receive them under the section 112 and 114 licenses. See 37 CFR 380.4(d)(1), 382.5(d)(1), 383.4(a), 384.4(b)(1). As the Collective, SoundExchange may, only once a year, conduct an audit of a licensee for any or all of the prior three calendar years to verify royalty payments. SoundExchange must first file with the Judges a notice of intent to audit a licensee and deliver the notice to the licensee. See 37 CFR 380.6(b), 382.7(b), 383.4(a) and 384.6(b). On December 22, 2022, SoundExchange filed with the Judges a notice of intent to audit the statements of account submitted by Stingray Group Inc.’s Commercial Webcaster Service, New Subscription Service, and Business Establishment Service, for the years 2019, 2020, and 2021. The Judges must publish notice in the Federal Register within 30 days of receipt of a notice announcing the Collective’s intent to conduct an audit. See 37 CFR 380.6(c) 382.7(c), 383.4(a) and 384.6(c). This notice fulfills the Judges’ publication obligation with respect to SoundExchange’s December 22, 2022 notice of intent to audit Stingray Group Inc for the years 2019, 2020, and 2021. Dated: January 10, 2023. David P. Shaw, Chief Copyright Royalty Judge. [FR Doc. 2023–00641 Filed 1–13–23; 8:45 am] BILLING CODE 1410–72–P E:\FR\FM\17JAN1.SGM 17JAN1

Agencies

[Federal Register Volume 88, Number 10 (Tuesday, January 17, 2023)]
[Notices]
[Pages 2642-2643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00640]


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LIBRARY OF CONGRESS

Copyright Royalty Board

[Docket No. 22-CRB-0013-AU (Education Media Foundation)]


Notice of Intent To Audit

AGENCY: Copyright Royalty Board, Library of Congress.

ACTION: Public notice.

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SUMMARY: The Copyright Royalty Judges announce receipt from 
SoundExchange, Inc., of a notice of intent to audit the 2019, 2020, and 
2021 statements of account submitted by Education Media

[[Page 2643]]

Foundation's Noncommercial Webcaster service concerning royalty 
payments they made pursuant to two statutory licenses.

ADDRESSES: Docket: For access to the dockets to read background 
documents, go to eCRB at https://app.crb.gov and perform a case search 
for docket 22-CRB-0013-AU (Education Media Foundation).

FOR FURTHER INFORMATION CONTACT: Anita Brown, (202) 707-7658, 
[email protected].

SUPPLEMENTARY INFORMATION: The Copyright Act grants to sound recordings 
copyright owners the exclusive right to publicly perform sound 
recordings by means of certain digital audio transmissions, subject to 
limitations. Specifically, the right is limited by the statutory 
license in section 114, which allows nonexempt noninteractive digital 
subscription services, eligible nonsubscription services, and 
preexisting satellite digital audio radio services to perform publicly 
sound recordings by means of digital audio transmissions. 17 U.S.C. 
114(f). In addition, a statutory license in section 112 allows a 
service to make necessary ephemeral reproductions to facilitate digital 
transmission of the sound recording. 17 U.S.C. 112(e).
    Licensees may operate under these licenses provided they pay the 
royalty fees and comply with the terms set by the Copyright Royalty 
Judges. The rates and terms for the section 112 and 114 licenses are 
codified in 37 CFR parts 380 and 382-84.
    As one of the terms for these licenses, the Judges designated 
SoundExchange, Inc., (SoundExchange) as the Collective, i.e., the 
organization charged with collecting the royalty payments and 
statements of account submitted by licensees, including those that 
operate commercial webcaster services, preexisting satellite digital 
audio radio services, new subscription services, and those that make 
ephemeral copies for transmission to business establishments. The 
Collective is also charged with distributing the royalties to the 
copyright owners and performers entitled to receive them under the 
section 112 and 114 licenses. See 37 CFR 380.4(d)(1), 382.5(d)(1), 
383.4(a), 384.4(b)(1).
    As the Collective, SoundExchange may, only once a year, conduct an 
audit of a licensee for any or all of the prior three calendar years to 
verify royalty payments. SoundExchange must first file with the Judges 
a notice of intent to audit a licensee and deliver the notice to the 
licensee. See 37 CFR 380.6(b), 382.7(b), 383.4(a) and 384.6(b).
    On December 23, 2022, SoundExchange filed with the Judges a notice 
of intent to audit the statements of account submitted by Educational 
Media Foundation's Noncommercial Webcasters service for the years 2019, 
2020, and 2021. The Judges must publish notice in the Federal Register 
within 30 days of receipt of a notice announcing the Collective's 
intent to conduct an audit. See 37 CFR 380.6(c) 382.7(c), 383.4(a) and 
384.6(c). This notice fulfills the Judges' publication obligation with 
respect to SoundExchange's December 23, 2022 notice of intent to audit 
Educational Media Foundation for the years 2019, 2020, and 2021.

    Dated: January 10, 2023.
David P. Shaw,
Chief Copyright Royalty Judge.
[FR Doc. 2023-00640 Filed 1-13-23; 8:45 am]
BILLING CODE 1410-72-P


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