Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Notices 45687

Purpose: The meeting will include a

review and discussion of current issues

which influence U.S. trade policy. Potential

U.S. negotiating objectives and bargaining

positions in current and anticipated trade

negotiations will be discussed. Pursuant to

section 9(B) of the Government in the

Sunshine Act, 5 U.S.C. 552b(c)(9)(B) it has

been determined that the meeting will be

concerned with matters the disclosure of

which would seriously compromise the

Government’s negotiating objectives or

bargaining positions. Accordingly, the

meeting will be closed to the public.

For further information, contact: Jorge

Perez-Lopez, Director, Office of International

Economic Affairs; Phone: (202) 219–7597.

Signed at Washington, DC, this 19th day of

August 1997.

Andrew J. Samet,

Acting Deputy Under Secretary, International

Affairs.

[FR Doc. 97–22882 Filed 8–27–97; 8:45 am]

BILLING CODE 4510–28–M

LIBRARY OF CONGRESS

Copyright Office

[Docket No. 94–3 CARP CD 90–92]

Determination of the Distribution of the

1991 Cable Royalties in the Music

Claimants Category

AGENCY: Copyright Office, Library of

Congress.

ACTION: Initiation of arbitration.

SUMMARY: The Librarian of Congress is

announcing initiation of the 180-day

arbitration period for determination of

the distribution of the 1991 cable

royalties in the Music Claimants

category.

EFFECTIVE DATE: September 3, 1997.

ADDRESSES: All hearings and meetings

for this proceeding shall take place in

the Library of Congress, Copyright

Office, 101 Independence Avenue, S.E.,

James Madison Memorial Building,

Room 414, Washington, D.C. 20559–

6000.

FOR FURTHER INFORMATION CONTACT:

William Roberts, Senior Attorney, or

Tanya Sandros, Attorney Advisor, P.O.

Box 70977, Southwest Station,

Washington, D.C. 20024. Telephone

(202) 707–8380. Telefax (202) 707–8366.

SUPPLEMENTARY INFORMATION:

Background

This notice fulfills the requirement of

37 C.F.R. 251.72 which provides that:

If the Librarian determines that a

controversy exists among claimants to either

cable, satellite carrier, or digital audio

recording devices and media royalties, the

Librarian shall publish in the Federal

Register a declaration of controversy along

with a notice of initiation of an arbitration

proceeding. Such notice shall, to the extent

feasible, describe the nature, general

structure and schedule of the proceeding.

This notice published today fulfills the

requirements of § 251.72 for the

distribution of the 1991 cable royalties

in the Music Claimants category.

On February 15, 1996, the Library of

Congress published a notice requesting

interested parties to comment on the

existence of Phase II controversies for

the distribution of the 1990, 1991, and

1992 cable royalty funds. 61 FR 6040

(February 15, 1996). The parties who

filed comments and Notices of Intent to

Participate identified two unsettled

categories that would require resolution

before a CARP. The first controversy

involved the distribution of the 1991

royalty funds between James Cannings

and Broadcast Music, Inc., the American

Society of Composers, Authors and

Publishers, and SESAC, Inc.

(collectively, ‘‘the Music Claimants’’).

The second controversy involved the

distribution of the 1990–1992 cable

royalty funds between the National

Association of Broadcasters (NAB) and

the Public Broadcasting Service (PBS).

On June 3, 1997, however, NAB and

PBS notified the Copyright Office that

they had reached settlement concerning

all matters related to their Phase II

dispute over the distribution of the

1990–1992 royalty funds, thus leaving a

single dispute for resolution by a CARP.

Each proceeding includes a 45 day

precontroversy discovery period. The

original schedule for the precontroversy

discovery period established by order of

the Register of Copyrights, see Order in

Docket No. 94–3 CARP CD 90–92

(February 14, 1997), was vacated and

reset at the request of the Music

Claimants. See Order in Docket No. 94–

3 CARP CD 90–92 (May 21, 1997).

The precontroversy discovery phase

of the CARP proceeding now being

complete, the Copyright Office of the

Library of Congress is announcing the

existence of a Phase II controversy as to

the distribution of the 1991 cable

compulsory license royalties in the

Music Claimants category, and is

initiating an arbitration proceeding

under chapter 8 of title 17 to resolve the

distribution of the funds. The arbitration

proceeding shall begin on September 3,

1997, and shall continue for a period

not to exceed 180 days. Consequently,

the proceeding shall conclude, and the

arbitrators shall submit their final report

to the Librarian of Congress by March 2,

1998, in accordance with § 251.53 of the

rules.

Section 802(b) of the Copyright Act,

17 U.S.C., also instructs the Librarian of

Congress to select two arbitrators within

10 days of the initiation of the

proceeding. Having already completed

this task, the Librarian is announcing

the names of the two arbitrators who

have agreed to serve on this panel:

The Honorable John Farmakides and

The Honorable Jesse Etelson. The third

arbitrator, who shall serve as the

Chairperson for the panel, will be

selected in accordance with section

802(b).

A meeting between the copyright

claimants participating in the

distribution proceeding and the

arbitrators shall take place at 2 p.m. on

Thursday, September 4, 1997, at the

above described address to discuss the

hearing schedule, billing for the services

of the arbitrators and payment, and all

other procedural matters. The meeting is

open to the public. Further scheduling

of the Music Claimants 1991 cable

distribution proceeding is within the

discretion of the CARP. The Library will

publish a schedule of the proceedings,

as required by 37 CFR 251.11(b), when

it becomes available.

Dated: August 25, 1997.

Nanette Petruzzelli,

Acting General Counsel.

[FR Doc. 97–22954 Filed 8–27–97; 8:45 am]

BILLING CODE 1410–33–P

NATIONAL SCIENCE FOUNDATION

Special Emphasis Panel in Special

Emphasis Panel in Design

Manufacturing and Industrial

Innovation; Notice of Meeting

In accordance with the Federal

Advisory Committee Act (Pub. L. 92–

463, as amended), the National Science

Foundation announces the following

meeting:

Name: Special Emphasis Panel in Design

Manufacturing and Industrial Innovation

(1194).

Date and Time: September 15–16, 1997.

Place: Room 580, National Science

Foundation, 4201 Wilson Boulevard,

Arlington, VA and Critical Technologies

Institute/RAND, 1333 H St. NW.,

Washington, DC.

Type of Meeting: Closed.

Contact Person: Dr. Paul J. Herer, Senior

Advisor for Planning and Technology

Evaluation, Office of the Assistant Director

for Engineering, Room 505, National Science

Foundation, 4201 Wilson Blvd., Arlington,

VA 22230, Tel: (703) 306–1303.

Purpose of Meeting: To provide advice and

recommendations concerning the use, need

for, and continued government support for

the RADIUS database, which is administered

by the Critical Technologies Institute of the

RAND Corporation.
45688 Federal Register / Vol. 62, No. 167 / Thursday, August 28, 1997 / Notices

Agenda: To site visit the RADIUS project

and review and evaluate its request for

additional funding.

Reason for Closing: The activity being

reviewed includes information of a

proprietary or confidential nature, including

technical information, and financial and

personnel data. These matters are within

exemptions (4) and (6) of 5 U.S.C. 552b(c),

the Government in the Sunshine Act.

Dated: August 22, 1997.

M. Rebecca Winkler,

Committee Management Officer.

[FR Doc. 97–22892 Filed 8–27–97; 8:45 am]

BILLING CODE 7555–01–M

NUCLEAR REGULATORY

COMMISSION

[IA 97–033]

Order Prohibiting Involvement in NRCLicensed Activities (Effective

Immediately)

In the Matter of Robert J. Nelson.

I

Robert J. Nelson was employed by

Duke Power Company (DPC) (Licensee)

as an electrical systems support valve

maintenance technician at the McGuire

Nuclear Station. DPC holds License Nos.

NPF–9 and NPF–17 (Licenses) for

McGuire Nuclear Station, Units 1 and 2,

issued by the Nuclear Regulatory

Commission (NRC or Commission)

pursuant to 10 CFR part 50 on July 8,

1981 and May 27, 1983, respectively.

The Licenses authorize DPC to operate

the McGuire facility in accordance with

the conditions specified therein. The

facility is located on the Licensee’s site

in Huntersville, North Carolina.

II

During the McGuire Unit 1 refueling

outage in January 1996, maintenance

was being performed to replace valve

1NV233, a safety-related check valve in

the mini-flow path for the 1B charging

pump. On January 3, 1996, Mr. Robert

J. Nelson initialed Step 11.4.5 of

Procedure MP/O/A/7600/04, Kerotest

‘‘Y’’ Type Check Valve Corrective

Maintenance, which stated: ‘‘Install

NEW body to cover gasket in body.’’ On

the evening of January 3, 1996, valve

1NV233 was disassembled and DPC

technicians identified that the gasket

was not new, as it had been previously

torqued. McGuire Technical

Specification (TS) 6.8.1.c requires that

written procedures be established,

implemented and maintained covering

the activities recommended in

Regulatory Guide 1.33, Revision 2,

February 1978. Regulatory Guide 1.33

states, in part, that maintenance which

can affect performance of safety-related

equipment should be performed in

accordance with written procedures.

The failure to perform Step 11.4.5 of

Procedure MP/O/A/7600/04 as

prescribed is a violation of TS 6.8.1.c.

Following an investigation, DPC

terminated Mr. Nelson’s employment on

January 18, 1996, based on a finding

that he had falsified Procedure MP/O/A/

7600/04.

Between March 22, 1996, and March

31, 1997, the NRC Office of

Investigations conducted an

investigation and concluded that Mr.

Nelson had purposely decided to use

the old gasket and intentionally signed

the procedure step falsely indicating

that the gasket had been replaced with

a new gasket. The Commission’s

regulation, 10 CFR 50.9(a) provides, in

part, that information required by the

Commission’s regulations, orders, or

license conditions to be maintained by

the licensee shall be complete and

accurate in all material respects. The

failure of DPC to maintain complete and

accurate required records of

maintenance activities performed on

safety-related equipment is a violation

of 10 CFR 50.9. Furthermore, during the

investigation, Mr. Nelson was not

forthright in providing information

regarding the failure to follow

procedures and intentional falsification

of the record as evidenced by statements

made by Mr. Nelson to the OI

investigator.

On May 27, 1997, the NRC sent a

certified letter to Mr. Nelson advising

him that his actions appeared to have

violated 10 CFR 50.5, ‘‘Deliberate

Misconduct,’’ and offering him the

opportunity to attend a predecisional

enforcement conference. The letter was

returned to the NRC by the U.S. Postal

Service with a note that the letter was

unclaimed. The NRC also

unsuccessfully attempted to contact Mr.

Nelson by telephone on July 16 and 21,

1997.

III

Based on the above, it appears that

Mr. Nelson engaged in deliberate

misconduct when he intentionally

signed a procedure step claiming that a

gasket in a safety-related valve had been

replaced with a new gasket when it had

not been replaced. Mr. Nelson’s

deliberate misconduct caused the

Licensee to be in violation of McGuire

TS 6.8.1.c and 10 CFR 50.9(a), and is,

therefore, a violation of 10 CFR

50.5(a)(1) and 10 CFR 50.5(a)(2). The

NRC must be able to rely on licensees

and their employees to fully comply

with NRC requirements, including plant

procedural requirements which ensure

the operability of safety-related

equipment and requirements to

maintain records that are complete and

accurate in all material respects. Mr.

Nelson’s deliberate misconduct, in

causing the Licensee to violate TS

6.8.1.c and 10 CFR 50.9(a), raises

serious doubt as to whether he can be

relied upon to comply with NRC

requirements and to provide complete

and accurate information to the NRC.

Consequently, I lack the requisite

reasonable assurance that licensed

activities can be conducted in

compliance with Commission

requirements and that public health and

safety will be protected if Mr. Nelson

were permitted at this time to be

involved in NRC-licensed activities.

Therefore, public health, safety and

interest require that Mr. Nelson be

prohibited from any involvement in

NRC-licensed activities for a period of

one year from the date of this Order and,

if he is currently involved with another

licensee in NRC-licensed activities, he

must immediately cease such activities,

and inform the NRC of the name,

address and telephone number of the

employer, and provide a copy of this

Order to the employer. Additionally,

Mr. Nelson is required to notify the NRC

of his first employment in NRC-licensed

activities for one year following the

prohibition period. Furthermore,

pursuant to 10 CFR 2.202, I find that the

significance of Mr. Nelson’s conduct

described above is such that the public

health, safety and interest require that

this Order be immediately effective.

IV

Accordingly, pursuant to Sections

103, 161b, 161i, 161o, 182 and 186 of

the Atomic Energy Act of 1954, as

amended, and the Commission’s

regulations in 10 CFR 2.202, 10 CFR

50.5 and 10 CFR 150.20, it is hereby

ordered, effective immediately, that:

A. Mr. Robert J. Nelson is prohibited

for one year from the date of this Order

from engaging in or exercising control

over individuals engaged in NRClicensed activities. If Mr. Nelson is

currently involved in NRC-licensed

activities, he must immediately cease

such activities, inform the NRC of the

name, address and telephone number of

the employer, and provide a copy of this

Order to the employer. For purposes of

this Order, NRC-licensed activities are

those activities that are conducted

pursuant to a specific or general license

issued by the NRC, including, but not

limited to, those activities of Agreement

State licensees conducted pursuant to

the authority granted by 10 CFR 150.20.

B. For a period of one year following

the period of prohibition set forth in