6556 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Notices

[MT–924–1430–01; MTM 83729]

Cancellation of Proposed Withdrawal;

Montana

AGENCY: Bureau of Land Management,

Interior.

ACTION: Notice.

SUMMARY: This notice terminates the

segregative effect of a proposed

withdrawal of 82.19 acres of public

lands requested by the Bureau of Land

Management for protection of

recreational values along the Madison

River. This action will open the lands to

mining. The lands have been and will

remain open to surface entry and

mineral leasing.

EFFECTIVE DATE: March 14, 1997.

FOR FURTHER INFORMATION CONTACT:

Sandra Ward, BLM Montana State

Office, P.O. Box 36800, Billings,

Montana 59107, 406–255–2949.

SUPPLEMENTARY INFORMATION: A Notice

of Proposed Withdrawal was published

in the Federal Register (60 FR 21004)

April 28, 1995, which segregated the

lands described therein for up to 2 years

from location and entry under the

mining laws, subject to valid existing

rights, but not from the general land

laws or the mineral leasing laws. The

Bureau of Land Management has

determined that the withdrawal will not

be needed at this time and has canceled

its application. The lands are described

as follows:

Principal Meridian, Montana

Red Mountain Campground

T. 3 S., R. 1 E.,

Sec. 2, lot 2.

Warm Springs Creek Boat Access Site

T. 3 S., R. 1 E.,

Sec. 10, lots 2 and 4, excluding therefrom

the area contained within the state

highway right-of-way lines, more

particularly described in Bargain and

Sale Deed recorded in Book 162, Page

148, Records of Madison County,

Montana.

The areas described aggregate 82.19 acres

in Madison County.

At 9 a.m. on March 14, 1997 the lands

will be opened to location and entry

under the United States mining laws,

subject to valid existing rights, the

provision of existing withdrawals, and

other segregations of record.

Appropriation of any of the lands

described in this order under the

general mining laws prior to the date

and time of restoration is unauthorized.

Any such attempted appropriation,

including attempting adverse possession

under 30 U.S.C. 38 (1988) shall vest no

rights against the United States. Acts

required to establish a location and to

initiate a right of possession are

governed by State law where not in

conflict with Federal law. The Bureau of

Land Management will not intervene in

disputes between rival locators over

possessory rights, since Congress has

provided for such determinations in

local courts.

Dated: February 3, 1997.

Thomas P. Lonnie,

Deputy State Director, Division of Resources.

[FR Doc. 97–3491 Filed 2–11–97; 8:45 am]

BILLING CODE 4310–DN–P

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree

Pursuant to the Comprehensive,

Environmental Response,

Compensation and Liability Act

(‘‘CERCLA’’)

In accordance with Department

policy, 28 CFR 50.7, and Section

122(d)(2) of CERCLA, 42 U.S.C.

9622(d)(2), notice is hereby given that a

proposed consent decree in United

States v. Lucent Technologies Inc., Civil

Action No. 3:97–0271–17 was lodged on

January 31, 1997, with the United States

District Court for the District of South

Carolina. This agreement resolves a

judicial enforcement action brought by

the United States against Lucent

Technologies Inc., (‘‘Lucent’’) pursuant

to Sections 106(a) and 107 of CERCLA,

42 U.S.C. 9606(a) and 9607. Lucent is

the successor corporation of a generator

of hazardous substances at the Palmetto

Recycling Superfund Site (‘‘Palmetto

Site’’ or ‘‘Site’’) located in Columbia,

Richland County, South Carolina.

The consent decree requires Lucent to

perform the final remedy for the Site

which EPA selected in its Record of

Decision (‘‘ROD’’) dated March 30,

1995. In the ROD, EPA selected a

remedy which includes the excavation

and off-site disposal of contaminated

surface soil that exceeds the

remediation level. The excavated area

will be backfilled with clean soil and

regraded with a vegetative cover. The

ROD also provides for additional

sampling of adjacent residential yards

and roads to confirm the absence of soil

contamination in those areas. Finally,

the ROD provides for annual

groundwater monitoring for at least five

years.

The Department of Justice will

receive, for a period of thirty (30) days

from the date of this publication,

comments relating to the proposed

consent decree. Comments should be

addressed to the Assistant Attorney

General for the Environment and

Natural Resources Division, Department

of Justice, Washington, DC 20530, and

should refer to United States v. Lucent

Technologies Inc., DOJ Ref # 90–11–3–

1545.

The proposed consent decree may be

examined at the office of the United

States Attorney, First Union Building,

1441 Main Street, Suite 500, Columbia,

South Carolina, 29201; the Region 4

office of the Environmental Protection

Agency, 100 Alabama Street, SW.,

Georgia, 30303; and at the Consent

Decree Library, 1120 G Street, NW., 4th

Floor, Washington, DC 20005, (202)

624–0892. A copy of the proposed

consent decree may be obtained in

person or by mail from the Consent

Decree Library, 1120 G Street, NW., 4th

Floor, Washington, DC 20005. In

requesting a copy please refer to the

referenced case and enclose a check for

the reproduction costs. If you request a

copy of the Consent Decree without

attachments, which attachments include

the ROD, Statement of Work, Site Map,

and Summary of Costs, then the amount

of the check should be $19.50 (78 pages

at 25 cents per page). If you request a

copy of the Consent Decree with the

above stated attachments, then the

amount of the check should be $71.25

(285 pages at 25 cents per page). The

check should be made payable to the

Consent Decree Library.

Joel M. Gross,

Chief, Environmental Enforcement Section,

Environment and Natural Resources Division.

[FR Doc. 97–3492 Filed 2–11–97; 8:45 am]

BILLING CODE 4410–15–M

DEPARTMENT OF LABOR

Employment Standards Administration

Proposed Collection; Comment

Request

ACTION: Notice.

SUMMARY: The Department of Labor, as

part of its continuing effort to reduce

paperwork and respondent burden,

conducts a preclearance consultation

program to provide the general public

and Federal agencies with an

opportunity to comment on proposed

and/or continuing collections of

information in accordance with the

Paperwork Reduction Act of 1995

(PRA95) [44 U.S.C. 3506(c)(2)(A)]. This

program helps to ensure that requested

data can be provided in the desired

format, reporting burden (time and

financial resources) is minimized,

collection instruments are clearly

understood, and the impact of collection

requirements on respondents can be
Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Notices 6557

properly assessed. Currently, the

Employment Standards Administration

is soliciting comments concerning two

proposed extension information

collections: (1) the Wage Statement

(English and Spanish) Forms, WH–501

and WH–501S and (2) the Airline Job

Vacancies List and semi-annual reports

of designated employees hired.

Copies of the proposed information

collection requests can be obtained by

contacting the office listed below in the

addressee section of this notice.

DATES: Written comments must be

submitted to the office listed in the

addressee section below on or before

April 14, 1997. The Department of Labor

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.

ADDRESSES: For the Wage of Statement

submission, contact Mr. Rich Elman,

U.S. Department of Labor, 200

Constitution Ave., NW., Room S–3201,

Washington, DC 20210, telephone (202)

219–6375. For the Airline Vacancy

Listing, contact Ms. Margaret Sherrill at

the same address above, telephone 202–

219–7601. (These are not toll-free

numbers.) Fax 202–219–6592.

SUPPLEMENTARY INFORMATION:

I. Background

Section 201(d) and 301(c) of the

Migrant and Seasonal Agricultural

Worker Protection Act (MSPA) and

section 500.80 of Regulations 29 CFR

Part 500, Migrant and Seasonal

Agricultural Protection, require that

each farm labor contractor, agricultural

employer, and agricultural association

which employs any migrant or seasonal

worker make, keep, and preserve

records for three years for each such

worker concerning: (1) the basis on

which wages are paid; (2) the number of

piece work units earned, if paid on

piece work basis; (3) the number of

hours worked; (4) the total pay period

earnings; (5) the specific sums withheld

and the purposes of each sum withheld;

and, (6) the net pay. These sections also

require that an itemized written

statement of this information be

provided to each migrant and seasonal

worker. In addition, section 201(e) and

301(d) require that each farm labor

contractor provide to other farm labor

contractors, agricultural employers or

agricultural associations to whom the

contractor has furnished migrant or

seasonal workers, copies of all records

noted above for such workers. Forms

WH–501 and WH–501S are optional

forms which a farm labor contractor,

agricultural employer and agricultural

association can maintain as a record and

provide as a statement of earnings to

migrant and seasonal agricultural

workers and users of such workers,

listing the method of payment of wages.

II. Current Actions

The Department of Labor (DOL) seeks

extension of approval to collect this

information in order to carry out its

responsibility to monitor compliance by

employers of any migrant or seasonal

workers to ensure that they maintain

specific weekly payroll information and

provide copies to each worker and the

person(s) furnished the worker. Failure

to require employers to maintain such

records would make determination of

compliance by DOL extremely difficult.

Type of Review: Extension.

Agency: Employment Standards

Administration.

Title: Wage Statement (English and

Spanish).

OMB Number: 1215–0148.

Agency Numbers: WH–501 and WH–

501S.

Affected Public: Individuals or

households; Business or other for-profit,

Farms.

Total Respondents: 1.5 million.

Frequency: On occasion.

Total Responses: 39 million.

Average Time Per Response for

Reporting: 1⁄2 minute.

Average Time Per Response for

Recordkeeping: 1⁄2 minute.

Estimated Total Burden Hours:

650,000.

Total Burden Cost (capital/startup): 0.

Total Burden Cost (operating/

maintenance): 0.

SUPPLEMENTARY INFORMATION:

I. Background

The Airline Deregulation (AirDereg)

Act requires the Secretary of Labor to

establish a program to implement the

first-right-of-hire provisions of the

legislation (29 CFR, Part 220), to insure

that furloughed, protected employees

(designated employees) may exercise

their statutory rights. AirDereg provides

a mechanism for the monitoring hiring

activity in the airline industry. Section

43(d)(2) of the Regulations provides that

covered air carriers submit a semiannual list of all jobs filled and certify

the reason if any job is filled with a

‘‘non-designated employee’’. All

covered air carriers shall report their

permanent job vacancies as they occur,

to a central job center, for the

preparation of a comprehensive list of

jobs in the industry that is distributed

to all state employment agencies. The

Airline Vacancy Listing Form requests

such information as name and location

of airline, vacancy location,

occupational specialty, job title, and

salary. The information is submitted by

the covered airlines semi-annually.

II. Current Actions

The Department of Labor seeks

extension of approval to collect this

information to enable airlines to meet

the reporting requirement on their

hiring activity and job vacancies. The

reports will determine whether carriers

have complied with the duty to hire and

provide information that can be made

available to protected employees. If this

information was not collected, this

source of information would not be

available to designated employees to

obtain work nor anyone seeking work in

the airline industry.

Type of Review: Extension.

Agency: Employment Standards

Administration.

Title: Airline Vacancy Listing.

OMB Number: 1214–0004.

Affected Public: Business or other forprofit.

Total Respondents: 4.

Frequency: Semi-annually.

Total Responses: 223.

Average Time Per Response for

Reporting: 15 minutes.

Estimated Total Burden Hours: 310.

Total Burden Cost (capital/startup):

$0.

Total Burden Cost (operating/

maintenance): $580.

Comments submitted in response to

this notice will be summarized and/or

included in the request for Office of

Management and Budget approval of the

information collection requests; they

will also become a matter of public

record.
6558 Federal Register / Vol. 62, No. 29 / Wednesday, February 12, 1997 / Notices

1Claimants to the royalties in the Sound

Recordings Fund for 1992, 1993, and 1994

negotiated a settlement amongst themselves. The

Library has made a full distribution of these funds

to the interested copyright parties who filed timely

claims for a share of these royalties. See Order,

Docket No. 94–2 CARP–DD (December 15, 1994)

and Order in Docket No. 95–1 CARP DD 92–94

(May 16, 1995).

2When the Audio Home Recording Act was

passed, the Copyright Royalty Tribunal had the

authority to conduct the DART distribution

proceedings. The Tribunal, however, was abolished

Dated: February 7, 1997.

Cecily A. Rayburn,

Director, Division of Financial Management,

Office of Management, Administration and

Planning, Employment Standards

Administration.

[FR Doc. 97–3476 Filed 2–11–97; 8:45 am]

BILLING CODE 4510–27–M

LIBRARY OF CONGRESS

Copyright Office

[Docket No. 95–1 CARP DD 92–94]

Distribution of the 1992, 1993, and

1994 Musical Works Funds

AGENCY: Copyright Office, Library of

Congress.

ACTION: Distribution order.

SUMMARY: The Librarian of Congress,

upon recommendation of the Register of

Copyrights, is announcing the

distribution of the royalty fees collected

for Digital Audio Recording Devices and

Media (DART) in the 1992, 1993, and

the 1994 Musical Works Funds. The

Librarian is adopting in part and

rejecting in part the decision of the

Copyright Arbitration Royalty Panel

(CARP).

EFFECTIVE DATE: The distribution

percentages announced in this Order are

effective on February 12, 1997.

ADDRESSES: The full text of the CARP’s

report to the Librarian of Congress is

available for inspection and copying

during normal business hours in the

Office of the General Counsel, James

Madison Memorial Building, Room LM–

407, First and Independence Avenue,

S.E., Washington, DC. 20540.

FOR FURTHER INFORMATION CONTACT:

William Roberts, Senior Attorney, or

Tanya M. Sandros, Attorney-Advisor,

P.O. Box 70977, Southwest Station,

Washington, D.C. 20024. Telephone

(202) 707–8380.

SUPPLEMENTARY INFORMATION:

I. Recommendation of the Register of

Copyrights

Background

On October 28, 1992, Congress

enacted the Audio Home Recording Act,

Pubic Law No. 102–563 (1992). This Act

requires manufacturers and importers to

pay royalties on digital audio recording

devices and media (DART) that are

distributed in the United States. The

royalties are collected by the Copyright

Office and deposited with the Treasury

of the United States. 17 U.S.C. 1005.

These funds are distributed by the

Copyright Office to interested copyright

parties who filed claims with the

Copyright Office each year during

January and February pursuant to either

a universal settlement negotiated by the

claimants to a particular subfund, or by

Order of the Librarian of Congress

(Librarian) following a distribution

proceeding conducted by a Copyright

Arbitration Royalty Panel (CARP).

The Act provides that the royalties are

to be divided into two funds: the Sound

Recordings Fund, which accounts for

662⁄3% of the royalties, and the Musical

Works Fund, which accounts for the

remaining 331⁄3% of the royalties. The

Act further divides each fund into

subfunds.

The Sound Recordings Fund consists

of four subfunds, two of which, the

Nonfeatured Musicians Subfund and the

Nonfeatured Vocalists Subfund, account

for 25⁄8% and 13⁄8%, respectively, of the

Sound Recordings Fund and are

administered by an independent

administrator. The remaining 96% of

the Sound Recordings Fund is further

distributed between two additional

subfunds, the Featured Recording Artist

Subfund and the Sound Recording

Owners Subfund, which receive 40%

and 60%, respectively, of the remaining

96% share of the fund. The Musical

Works Fund consists of two subfunds,

the Publishers Subfund and the Writers

Subfund, each of which receives 50% of

that Fund. 17 U.S.C. 1006(b).

Thus, the Act establishes the

percentages for each fund and subfund,

but directs the CARPs, when necessary,

to determine what amount each

claimant within a subfund is entitled to

receive. The determination and a full

explanation underlying the conclusions

are set out in a written report to the

Librarian.

Distribution of Royalties

Royalties are collected on a quarterly

basis from any importer or manufacturer

that distributes any digital audio

recording device or digital audio

recording medium that it manufactured

in or imported into the United States. 17

U.S.C. 1003(c). As discussed above,

these royalties are collected by the

Copyright Office and invested in

interest-bearing securities with the

United States Treasury for subsequent

distribution to interested copyright

parties. 17 U.S.C. 1005.

An interested copyright party must

submit each year a written claim to the

Copyright Office during the months of

January and February. 17 U.S.C. 1007(a).

Within 30 days after the last day for

filing claims, the statute instructs the

Librarian to ascertain whether there are

any controversies among the claimants

as to the proper distribution of the

royalties in their fund/subfund. If there

are no controversies, the Librarian

authorizes the distribution of the funds

according to the terms of the negotiated

agreements; otherwise, the Librarian is

directed to convene a CARP or CARPs

to decide the proper distribution of the

royalties in each unresolved fund/

subfund. 17 U.S.C. 1007(b)(c).

This Proceeding

The parties in this proceeding are

Broadcast Music, Inc., the American

Society of Composers, Authors, and

Publishers, SESAC, Inc., the Harry Fox

Agency, Inc. (a subsidiary of the

National Music Publishers’ Association,

Inc.), Copyright Management Inc., The

Songwriters Guild of America, and the

Gospel Music Coalition (collectively,

the ‘‘Settling Parties’’), and two pro se

claimants, Eugene Curry and Alicia

Carolyn Evelyn. Ms. Evelyn and Mr.

Curry, both songwriters, chose to

represent their own interests in the

proceeding. Mr. Curry also represented

the publishing interest of Tajai Music,

Inc. (Tajai) for the three years in

dispute. The Settling Parties represent

the over 264,000 remaining publishers

and songwriters with a claim to a share

of the royalties. Settling Parties Direct

Case at 2–3.

The CARP in this proceeding was

convened to determine the distribution

of the royalties in the 1992, 1993, and

1994 Musical Works Funds, which

totaled approximately $355,500.00.1

The Copyright Office received forty-one

claims to the 1992 Musical Works

Fund—twenty-one claims to the Writers

Subfund and twenty claims to the

Publishers Subfund. During the next

filing cycle, the Office received twentytwo claims to the 1993 Musical Works

Fund—twelve claims to the Writers

Subfund and ten claims to the

Publishers Subfund. In 1995, the Office

received twenty-six claims to the 1994

Musical Works Fund, equally divided

between the two subfunds.

This proceeding for the determination

of the distribution of the DART royalties

commenced on November 3, 1993,

when the Settling Parties filed a motion

with the Copyright Royalty Tribunal

(Tribunal) 2 to consolidate the 1992 and