51162 Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Notices

NAFTA–TAA under Section 250 of the Trade

Act of 1974.’’

Signed at Washington, D.C. this 14th day

of September, 1997.

Grant D. Beale,

Acting Director, Office of Trade Adjustment

Assistance.

[FR Doc. 97–25866 Filed 9–29–97; 8:45 am]

BILLING CODE 4510–30–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: Announcement of the schedule

for the proceeding.

SUMMARY: The Copyright Office of the

Library of Congress is announcing the

schedule for the 180 day arbitration

period for the Copyright Arbitration

Royalty Panel (CARP) proceeding that

shall determine the distribution of the

cable royalty fees in the Music

Claimants category which were

collected for secondary transmissions of

broadcast signals during 1991 pursuant

to a compulsory license.

DATES: Filings must be submitted

according to the announced schedule,

except as otherwise provided by order

of the Copyright Arbitration Royalty

Panel.

ADDRESSES: Parties shall deliver an

original and five copies of all written

filings concerning this proceeding to:

Office of the Copyright General Counsel,

James Madison Memorial Building,

Room 403, First and Independence

Avenue, S.E., Washington, D.C. 20540.

FOR FURTHER INFORMATION CONTACT:

William Roberts, Senior Attorney, or

Tanya Sandros, Attorney Advisor, at:

Copyright Arbitration Royalty Panel

(CARP), P.O. Box 70977, Southwest

Station, Washington, D.C. 20024.

Telephone: (202) 707–8380. Telefax:

(202) 707–8366.

SUPPLEMENTARY INFORMATION:

A. Background

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,

between James Cannings and Broadcast

Music, Inc., the American Society of

Composers, Authors and Publishers,

and SESAC, Inc. (collectively, ‘‘the

Music Claimants’’), concerns the

distribution of the 1991 royalty funds in

the Music Claimants category and is the

subject of the current proceeding. The

second controversy, however, between

the National Association of Broadcasters

(NAB) and the Public Broadcasting

Service (PBS), has been resolved

through further negotiation. On June 3,

1997, 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, leaving a single dispute for

resolution by a CARP.

The parties in the remaining

controversy conducted precontroversy

discovery according to the schedule

which the Register of Copyrights

established by order for this 45-day

period. See Order in Docket No. 94–3

CRP CD 90–92 (February 14, 1997),

vacated and reset at the request of the

Music Claimants, Order in Docket No.

94–3 CARP CD 90–92 (May 21, 1997).

Then, on August 28, 1997, the Copyright

Office published a notice initiating the

180 day period for this proceeding. 62

FR 45687 (August 28, 1997). In this

notice, the Office also announced

September 4, 1997, as the date of the

first meeting between the arbitration

panel and the parties. However, due to

scheduling conflicts, the parties agreed

to reschedule the meeting for September

10, 1997. The Office further announced

that it would publish a schedule of the

proceedings, as required by 37 CFR

251.11(b), when it became available.

Section 251.11(b) of the regulations

governing the Copyright Arbitration

Royalty Panels, 37 CFR subchapter B,

provides that:

At the beginning of each proceeding, the

CARP shall develop the original schedule of

the proceeding which shall be published in

the Federal Register at least seven calendar

days in advance of the first meeting. Such

announcement shall state the times, dates,

and places of the meetings, the testimony to

be heard, whether any of the meetings, or any

portion of a meeting, is to be closed, and if

so, which ones, and the name and telephone

number of the person to contact for further

information.

This notice fulfills those requirements

of § 251.11(b) for the proceeding to

determine the distribution of the 1991

cable royalty fees in the Music

Claimants category.

B. The Schedule

On September 10, 1997, the parties to

this proceeding met with the arbitrators

for the purpose of setting a schedule and

discussing the procedural aspects of this

proceeding. A key procedural issue

before the panel which required action

by the panel at the outset of the

proceeding was consideration of the

issue designated to the CARP by the

Register of Copyrights of whether to

suspend formal hearings and make the

determination as to the distribution of

the 1991 cable royalty fees on the

written pleadings. See Order in Docket

No. CARP CD 90–92 (August 15, 1997).

After hearing argument from all parties,

the panel announced its decision to

waive the requirement of oral

evidentiary hearings and proceed upon

the written record alone. The panel

stated its reasons for this decision and

the specifics of the agreed upon

schedule for the proceeding in a written

order, as follows:

Upon consideration of the issue designated

to the CARP by the Register of Copyrights of

whether to suspend formal hearings and

decide the controversy as to the Phase II

distribution of the 1991 cable royalty fund on

the written pleadings, and after hearing the

arguments of all parties, the Panel has

determined that for good cause shown it is

in the public interest to waive the

requirement of an oral evidentiary hearing

and to proceed on the written pleadings

along, provided that those pleadings are

supplemented by written rebuttal cases,

proposed findings of fact and conclusions of

law, and reply findings of fact and

conclusions of law.

Accordingly, and with the consent of all

parties, the following procedural schedule is

hereby established:

1. Mr. Cannings will provide to BMI by

September 17, 1997, his request for a sample

of WWOR–TV music cue sheets for 1991, as

granted by Ruling No. 3 in the Register’s

Order dated August 15, 1997.

2. BMI will make such sample cue sheets

available to Mr. Cannings for inspection and

copying on or before October 1, 1997.

3. Written rebuttal cases are to be filed on

October 30, 1997. Any study or analysis shall

be accompanied by the information specified

in Rule § 251.48 (e) and (f), and all

underlying data and tabulations shall be

made available as discovery that same date

to opposing parties. No other discovery will

be allowed.

4. Any motions addressed to rebuttal cases

shall be filed on November 7, 1997.

Responses shall be filed on November 19,

1997, and any replies on November 26, 1997.

5. Proposed findings of fact and

conclusions of law are to be filed December

5, 1997.

6. Reply findings of fact and conclusions

of law are to be filed December 19, 1997.

Order, Docket No 94–3 CARP CD 90–92

(September 16, 1997).
Federal Register / Vol. 62, No. 189 / Tuesday, September 30, 1997 / Notices 51163

At this time, the parties have not

moved to close any portion of the

proceeding to the public. Further

refinements to the schedule will be

announced in open meetings and issued

as orders to the parties participating in

the proceeding. All changes will be

noted in the docket file of the

proceeding, as required by the

Copyright Office regulations governing

the administration of CARP

proceedings. 37 CFR 251.11(c).

Dated: September 25, 1997.

Nanette Petruzzelli,

Acting General Counsel.

[FR Doc. 97–25890 Filed 9–29–97; 8:45 am]

BILLING CODE 1410–33–M

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the Arts;

Submission for OMB Review;

Comment Request

September 24, 1997.

The National Endowment for the Arts

(NEA) has submitted the following

public information collection request

(ICR) to the Office of Management and

Budget (OMB) for review and approval

in accordance with the Paperwork

Reduction Act of 1995 (P.L. 104–13, 44

U.S.C. Chapter 35). Copies of this ICR,

with applicable supporting

documentation, may be obtained by

calling the National Endowment for the

Arts’ Director of Administration,

Laurence M. Baden [(202) 682–5408].

Individuals who use a

telecommunications device for the deaf

(TTY/TDD) may call (202) 682–5496

between 10:00 a.m. and 4:00 p.m.

Eastern time, Monday through Friday.

Comments should be sent to the

Office of Information and Regulatory

Affairs, Attn: OMB Desk Officer for the

National Endowment for the Arts, Office

of Management and Budget, Room

10235, Washington, DC 20503 [(202)

395–7316], within 30 days from the date

of this publication in the Federal

Register.

The Office of Management and Budget

(OMB) is particularly interested in

comments which:

• Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

• Evaluate the accuracy of the

agency’s estimate of the burden of the

proposed collection of information

including the validity of the

methodology and assumptions used;

• Enhance the quality, utility and

clarity of the information to be

collected; and

• Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submissions

of responses.

SUPPLEMENTARY INFORMATION: The

Endowment requests the review of all of

its funding application guidelines and

grantee reporting requirements. This

entry is issued by the Endowment and

contains the following information: (1)

The title of the form; (2) how often the

required information must be reported;

(3) who will be required or asked to

report; (4) what the form will be used

for; (5) an estimate of the number of

responses; (6) the average burden hours

per response; (7) an estimate of the total

number of hours needed to prepare the

form. This entry is not subject to 44

U.S.C. 3504(h).

Agency: National Endowment for the

Arts.

Title: Blanket Justification for NEA

Funding Application Guidelines FY

1998–FY 2001.

OMB Number: 3135–0112.

Frequency: Annually.

Affected Public: Nonprofit

organizations, state & local arts agencies,

and individuals.

Estimated Number of Respondents:

5,000.

Estimated Time Per Respondent:

19.29 hours (plus 8 hours reporting if a

grant is awarded).

Total Burden Hours: 105,250.

Total Annualized Capital/Startup

Costs: 0.

Total Annual Costs (Operating/

Maintaining Systems or Purchasing

Services): 0

Description: Guideline instructions

and applications elicit relevant

information from individuals, nonprofit

organizations, and state and local arts

agencies that apply for funding from the

NEA. Current Endowment categories

include, but are not limited to: Grants to

Organizations, Partnership Agreements,

Literature Fellowships, American Jazz

Masters, National Heritage Fellowships

in the Folk & Traditional Arts, and

Leadership Initiatives (including

Millennium). This information is

necessary for the accurate, fair and

thorough consideration of competing

proposals in the review process.

According to OMB Circulars A–102 and

A–110, recipients of Federal funds are

required to report on project activities

and expenditures.

ADDRESSES: Laurence M. Baden,

National Endowment for the Arts, 1100

Pennsylvania Avenue, N.W., Room 628,

Washington, DC 20506–0001, telephone

(202) 682–5408 (this is not a toll-free

number), fax (202) 682–5798.

Murray R. Welsh,

Director, Administrative Services, National

Endowment for the Arts.

[FR Doc. 97–25916 Filed 9–29–97; 8:45 am]

BILLING CODE 7536–01–M

NATIONAL FOUNDATION ON THE

ARTS AND THE HUMANITIES

National Endowment for the Arts

Combined Arts Panel

Pursuant to Section 10(a)(2) of the

Federal Advisory Committee Act (Pub.

L. 92–463), as amended, notice is hereby

given that a meeting of the Combined

Arts Advisory Panel, Theater Section A

(Creation & Presentation category) to the

National Council on the Arts will be

held on October 20–24, 1997. The panel

will meet from 9:30 a.m. to 6:00 p.m. on

October 20–22, from 10:00 a.m. to 6:00

p.m. on October 23, and from 9:30 a.m.

to 5:30 p.m. on October 24, in Room 730

at the Nancy Hanks Center, 1100

Pennsylvania Avenue, N.W.,

Washington, D.C. 20506. A portion of

this meeting, from 10:00 a.m. to 12:00

p.m. on Thursday, October 23, will be

open to the public for a policy

discussion of guidelines, planning,

Leadership Initiatives, and field needs

and trends.

The remaining portions of this

meeting, from 9:30 a.m. to 6:00 p.m. on

October 20–22; from 12:00 p.m. to 6:00

p.m. on October 23, and from 9:30 a.m.

to 5:30 p.m. on October 24, are for the

purpose of Panel review, discussion,

evaluation, and recommendation on

applications for 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 by grant

applicants. In accordance with the

determination of the Chairman of March

31, 1997, these sessions will be closed

to the public pursuant to subsection c4,

and 6 and 9B of section 552b of Title 5,

United States Code.

Any person may observe meetings, or

portions thereof, of advisory panels

which are open to the public, and may

be permitted to participate in the

panel’s discussions at the discretion of

the panel chairman and with the

approval of the full-time Federal

employee in attendance.

If you need special accommodations

due to a disability, please contact the