Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 11287 

meals a day or free and convenient 

cooking and kitchen facilities. 20 CFR 

655.122(g). When the employer provides 

meals, the job offer must state the 

charge, if any, to the worker for such 

meals. 20 CFR 655.122(g). 

The Department has published at 20 

CFR 655.173(a) the methodology for 

determining the maximum amounts that 

H–2A agricultural employers may 

charge their U.S. and foreign workers for 

meals. These rules provide for annual 

adjustments of the previous year’s 

allowable charges based upon Consumer 

Price Index (CPI) data. 20 CFR 

655.173(a). 

Each year, the maximum charges 

allowed by 20 CFR 655.122(g) are 

adjusted by the same percentage as the 

12-month percent change for the CPI for 

all Urban Consumers for Food (CPI–U 

for Food). The Department may permit 

an employer to charge workers no more 

than the higher maximum amount set 

forth in 20 CFR 655.173(b), as 

applicable, for providing them with 

three meals a day, if justified and 

sufficiently documented. The H–2A 

program’s regulations require the 

Department to make the annual 

adjustments and to publish a Notice in 

the Federal Register each calendar year, 

announcing annual adjustments in 

allowable charges that may be made by 

agricultural and logging employers for 

providing three meals daily to their U.S. 

and foreign workers. The 2010 rates 

were published in the Federal Register 

at 75 FR 7293, Feb. 18, 2010. 

The Department has determined the 

percentage change between December of 

2009 and December of 2010 for the CPI– 

U for Food was .8 percent. Accordingly, 

the maximum allowable charges under 

20 CFR 655.122(g) were adjusted using 

this percentage change, and the new 

permissible charges for 2011 shall be no 

more than $10.73 per day, unless the 

Department has approved a higher 

charge pursuant to 20 CFR 655.173(b). 

C. Maximum Travel Subsistence 

Expense 

The regulations at 20 CFR 655.122(h) 

establish that the minimum daily travel 

subsistence expense, for which a worker 

is entitled to reimbursement, is at least 

as much as the employer would charge 

the worker for providing the worker 

with three meals a day during 

employment (if applicable), but in no 

event less than the amount permitted 

under 20 CFR 655.173(a). The regulation 

is silent about the maximum amount to 

which a qualifying worker is entitled. 

The Department based the maximum 

meals component on the standard 

Continental United States (CONUS) per 

diem rate established by the General 

Services Administration (GSA), 

published at 41 CFR Part 301, Appendix 

A. The CONUS meal component is now 

$46.00 per day. 

Workers who qualify for travel 

reimbursement are entitled to 

reimbursement up to the CONUS meal 

rate for related subsistence when they 

provide receipts. In determining the 

appropriate amount of subsistence 

reimbursement, the employer may use 

the GSA system under which a traveler 

qualifies for meal expense 

reimbursement at 75 percent of the 

subsistence for the first partial day of 

travel and 75 percent of the subsistence 

for the last partial day per quarter of a 

day. If a worker has no receipts, the 

employer is not obligated to reimburse 

above the minimum stated at 20 CFR 

655.173(a), as specified above. 

Signed in Washington, DC this 18th day of 

February, 2011. 

Jane Oates, 

Assistant Secretary, Employment and 

Training Administration. 

[FR Doc. 2011–4419 Filed 2–28–11; 8:45 am] 

BILLING CODE 4510–FN–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 2010–8 CRB DD 2005–2008] 

Distribution of 2005 Through 2008 

DART Musical Works Funds Royalties 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice soliciting comments on 

motion for partial distribution. 

SUMMARY: The Copyright Royalty Judges 

are soliciting comments on a motion for 

partial distribution in connection with 

2005, 2006, 2007, and 2008 DART 

Musical Works Fund royalties. 

DATES: Comments are due on or before 

March 31, 2011. 

ADDRESSES: Comments may be sent 

electronically to crb@loc.gov. In the 

alternative, send an original, five copies, 

and an electronic copy on a CD either 

by mail or hand delivery. Please do not 

use multiple means of transmission. 

Comments may not be delivered by an 

overnight delivery service other than the 

U.S. Postal Service Express Mail. If by 

mail (including overnight delivery), 

comments must be addressed to: 

Copyright Royalty Board, P.O. Box 

70977, Washington, DC 20024–0977. If 

hand delivered by a private party, 

comments must be brought to the 

Library of Congress, James Madison 

Memorial Building, LM–401, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. If 

delivered by a commercial courier, 

comments must be delivered to the 

Congressional Courier Acceptance Site 

located at 2nd and D Street, NE., 

Washington, DC. The envelope must be 

addressed to: Copyright Royalty Board, 

Library of Congress, James Madison 

Memorial Building, LM–403, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Gina Giuffreda, Attorney Advisor, by 

telephone at (202) 707–7658 or e-mail at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: On April 

8, 2010, Broadcast Music, Inc., the 

American Society of Composers, 

Authors and Publishers, SESAC, Inc. 

and The Harry Fox Agency, Inc. 

(hereinafter ‘‘Settling Claimants’’) filed 

with the Judges a Motion for Partial 

Distribution of the Digital Audio 

Recording Technology (‘‘DART’’) 

Musical Works Funds for 2005, 2006, 

2007, and 2008. In the Motion the 

Settling Claimants state that they have 

reached confidential settlements 

concerning their respective distribution 

shares for these years. The Settling 

Claimants request that the Judges, 

pursuant to Section 801(b)(3)(A) of the 

Copyright Act, distribute to the Settling 

Claimants 95% of the 2005–2008 DART 

Musical Works Funds, for the Writers 

and Music Publishers Subfunds. They 

also request that the Copyright Royalty 

Judges (‘‘Judges’’) publish notice in the 

Federal Register requesting comments 

on their proposed partial distribution. 

Section 801(b)(3)(A) authorizes the 

Judges to order distributions of royalty 

funds to the extent that the Judges find 

that the distribution of such fees is not 

subject to controversy. 17 U.S.C. 

801(b)(3)(A). That section of the 

Copyright Act does not require 

publication in the Federal Register, but 

it does require that the Judges find that 

the fees requested are not subject to 

controversy. The Settling Claimants do 

not make such a representation. Rather 

they represent that they have agreed 

among themselves how any distributed 

funds should be allocated among 

themselves. The Settling Claimants state 

that the Judges ‘‘have the discretion, 

within a zone of reasonableness, to find 

that 95% of the royalties are not in 

controversy.’’ Motion at 4. As support 

for this assertion, they state that ‘‘[i]n the 

past four DART proceedings, nonsettling individual writer and publisher 

claimants collectively have either 

received less than one tenth of one 

percent (0.1%) of the royalty funds or 

have been dismissed altogether * * *. 


jlentini on DSKJ8SOYB1PROD with NOTICES
11288 Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices 

Accordingly, as in the past, at least 95% 

of the 2005–2008 Musical Works Funds 

is clearly not in controversy, and a 

partial distribution of this amount to the 

Settling Parties is appropriate and 

warranted at this time.’’ Id. We do not 

agree that Section 801(b)(3)(A) gives us 

the discretion to determine that 95% of 

the funds at issue in this matter are not 

in controversy based on the Settling 

Claimants’ representations that nonsettling claimants were awarded less 

than five percent of the funds in prior 

proceedings. Moreover, the Settling 

Claimants chose not to serve all of the 

claimants and therefore those claimants 

were given no opportunity to comment 

on whether the Settling Claimants’ 

assertions with respect to a controversy 

are accurate. In the absence of 

persuasive evidence that no controversy 

exists with respect to the funds that the 

Settling Claimants request, we cannot 

make the requisite finding under 

Section 801(b)(3)(A) that no controversy 

exists with respect to the requested 

funds. Nevertheless, we do have 

authority under Section 801(b)(3)(C) of 

the Copyright Act to authorize partial 

distributions if, after publication in the 

Federal Register, we determine that no 

claimant entitled to receive such fees 

has stated a reasonable objection to the 

partial distribution and the Settling 

Claimants requesting the partial 

distribution agree, among other things, 

to sign an agreement obligating them to 

return any excess amounts to the extent 

necessary to comply with the final 

determination on the distribution of the 

funds. See 17 U.S.C. 801(b)(3)(C). 

Therefore, we seek comments from any 

claimant entitled to receive royalties 

from the 2005–2008 DART Musical 

Works Funds regarding whether there 

are any reasonable objections to a partial 

distribution of 95% of the 2005–2008 

Musical Works Funds to the Settling 

Claimants. Moreover, we request 

comments from the Settling Claimants 

regarding whether they are willing to 

make the representations required for a 

partial distribution pursuant to Section 

801(b)(3)(C) of the Copyright Act. 

The Motion of the Settling Claimants 

for Partial Distribution is posted on the 

Copyright Royalty Board Web site at 

http://www.loc.gov/crb. 

Dated: February 24, 2011. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. 2011–4462 Filed 2–28–11; 8:45 am] 

BILLING CODE 1410–72–P 

NATIONAL SCIENCE FOUNDATION 

National Science Board; Sunshine Act 

Meetings; Notice 

The National Science Board’s Task 

Force on Merit Review (MR), pursuant 

to NSF regulations (45 CFR part 614), 

the National Science Foundation Act, as 

amended (42 U.S.C. 1862n–5), and the 

Government in the Sunshine Act (5 

U.S.C. 552b), hereby gives notice in 

regard to the scheduling of a meeting 

held by teleconference for the 

transaction of National Science Board 

business and other matters specified, as 

follows: 

DATE AND TIME: March 8, 2011, 1 p.m. to 

3 p.m. 

SUBJECT MATTER: Discussion of Guiding 

Principles for Assessing Merit Review 

Criteria and Chairman’s remarks. 

STATUS: Open. 

LOCATION: This meeting will be held by 

teleconference at the National Science 

Board Office, National Science 

Foundation, 4201 Wilson Blvd., 

Arlington, VA 22230. Room 130, 

Stafford Place I, National Science 

Foundation, 4201 Wilson Blvd., 

Arlington, VA 22230 will be available 

for the public to listen-in to this meeting 

held by teleconference. All visitors must 

contact the Board Office [call 703–292– 

7000 or send an e-mail message to 

nationalsciencebrd@nsf.gov] at least 24 

hours prior to the teleconference and 

provide name and organizational 

affiliation. All visitors must report to the 

NSF visitor desk located in the lobby at 

the 9th and N. Stuart Streets entrance on 

the day of the teleconference to receive 

a visitor’s badge. 

UPDATES AND POINT OF CONTACT: Please 

refer to the National Science Board Web 

site http://www.nsf.gov/nsb for 

additional information and schedule 

updates (time, place, subject matter or 

status of meeting) may be found at 

http://www.nsf.gov/nsb/notices/. Point 

of contact for this meeting is: Kim 

Silverman, National Science Board 

Office, 4201 Wilson Blvd., Arlington, 

VA 22230. Telephone: (703) 292–7000. 

Daniel A. Lauretano, 

Counsel to the National Science Board. 

[FR Doc. 2011–4685 Filed 2–25–11; 4:15 pm] 

BILLING CODE 7555–01–P 

NUCLEAR REGULATORY 

COMMISSION 

[NRC–2011–0045] 

Draft Regulatory Guide: Issuance, 

Availability 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Notice of Issuance and 

Availability of Draft Regulatory Guide, 

DG–7008, ‘‘Leakage Tests on Packages 

for Shipment of Radioactive Materials.’’ 

FOR FURTHER INFORMATION CONTACT: 

Bernard H. White, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001, telephone: 301–492– 

3303 or e-mail; Bernard.White@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The U.S. Nuclear Regulatory 

Commission (NRC) is issuing for public 

comment a draft guide in the agency’s 

‘‘Regulatory Guide’’ series. This series 

was developed to describe and make 

available to the public such information 

as methods that are acceptable to the 

NRC staff for implementing specific 

parts of the NRC’s regulations, 

techniques that the NRC staff uses in 

evaluating specific problems or 

postulated accidents, and data that the 

NRC staff needs in its review of 

applications for permits and licenses. 

The draft regulatory guide (DG), 

entitled, ‘‘Leakage Tests on Packages for 

Shipment of Radioactive Materials’’ is 

temporarily identified by its task 

number, DG–7008, which should be 

mentioned in all related 

correspondence. DG–7008 is proposed 

Revision 1 of Regulatory Guide 7.4, 

dated June 1975. 

This guide describes an approach that 

the NRC staff considers acceptable for 

meeting the containment criteria for 

Type B packages in Title 10, Section 

71.51, ‘‘Additional Requirements for 

Type B Packages,’’ of the Code of 

Federal Regulations (10 CFR 71.51). The 

regulations at 10 CFR 71.51 require 

licensees to ensure that Type B 

packages, following tests for normal 

conditions of transport and hypothetical 

accident conditions, meet the 

containment criteria to minimize 

radioactive contamination and dose 

rates to the public. The NRC staff 

developed and published this guidance 

to help licensees meet these objectives, 

ensure package integrity, and minimize 

the distribution of contamination to the 

environment. 

This regulatory guide endorses the 

methods and procedures developed by 

the Standards Committee on Packaging 


jlentini on DSKJ8SOYB1PROD with NOTICES