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. 

TABLE 1—PROPOSED LIST APPROPRIATE TEST STANDARD FOR INCLUSION IN CSL’S NRTL SCOPE OF

RECOGNITION

Test standard Test standard title 

UL 962 ........... Household and Commercial 

Furnishings. 

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 

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. 

IV. Authority and Signature 

Loren Sweatt, Deputy Assistant 

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 

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 


amozie on DSK3GDR082PROD with NOTICES1
Federal Register / Vol. 83, No. 246 / Wednesday, December 26, 2018 / Notices 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 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 

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 

AGENCY: National Endowment for the 

Arts, National Foundation on the Arts 

and the Humanities. 

ACTION: Notice of meetings. 

SUMMARY: 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: 

ADDRESSES: 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. 


amozie on DSK3GDR082PROD with NOTICES1