Federal Register / Vol. 60, No. 94 / Tuesday, May 16, 1995 / Rules and Regulations 25995

(b) If an agency had notice that a

FedSelect check was not received by the

payee within a reasonable time after a

payment is due, or that a FedSelect

check is lost, stolen or destroyed, and

the agency failed to request to the FMS

that a stop payment order be placed on

that item pursuant to § 247.9(a), the

agency will be accountable for any loss

occurring as a result of the failure to

request stop payment in a timely

fashion.

(c) Losses caused by the fault or

negligence of the FMS will be the

accountability of the FMS. Such losses

include failure to adhere to a request by

an agency to place a stop payment order

on an item in accordance with

§ 247.9(a).

(d) The FMS will be accountable for

losses caused by third-parties, including

losses caused by alteration, counterfeit

and forgery of the payee indorsement,

unless such losses occur as described in

paragraphs (a) and (b) of this section.

§ 247.11 Debt collection.

(a) Agencies are responsible for

collection procedures on all improperly

paid items arising under the

circumstances described in paragraphs

(a) and (b) of § 247.10. However,

excepting cases of fraud, an agency

should write off a debt and refer it to the

FMS for collection if it is not resolved

within 90 days after the item was paid.

When the FMS collects on the debt, the

funds will be returned to the agency

minus an administrative fee for the

collection, in accordance with rules set

forth in I TFM 4–3500. Accountability

for a debt remains with the agency in

accordance with § 247.10.

(b) The FMS is responsible for

collection procedures on all improperly

paid items arising under the

circumstances described in paragraphs

(c) and (d) of § 247.10. With all such

items, the FMS will make an initial

demand for refund of the amount of a

check payment to the presenting bank or

any other debtor. This demand shall

advise the presenting bank or debtor of

the amount demanded and the reason

for the demand. All delinquent debts

will be subject to interest, penalties and

administrative fees in accordance with

the Federal Claims Collections

Standards. Any discrepancies should be

brought to the attention of the FMS.

§ 247.12 Funds for losses.

(a) If collection efforts by the FMS for

debts arising under paragraphs (c) and

(d) of § 247.10 are unsuccessful, sources

of funds for the payment of such losses

include FMS appropriations, to the

extent available, funds collected from

reimbursement fees for services

provided by the FMS pursuant to

§ 247.5(b), and other available sources.

(b) Reimbursement fees paid by

agencies to the FMS for FedSelect check

services will be retained for payment of

uncollectible losses, consistent with all

applicable laws.

§ 247.13 Additional requirements.

In any case or any class of cases

arising under these regulations, the FMS

or the agency that issued the FedSelect

check may require such additional

evidence of loss, improper indorsement

or entitlement to a replacement as may

be necessary for the protection of the

interests of the United States.

§ 247.14 Waiver of regulations.

The FMS reserves the right to waive

any provision(s) of these regulations in

any case or class of cases for the

convenience of the United States or in

order to relieve any person(s) of

unnecessary hardship, if such action is

not inconsistent with law, does not

impair any existing rights, and the FMS

is satisfied that such action will not

subject the United States to any

substantial expense or liability.

§ 247.15 Supplements, amendments or

revisions.

The FMS may, at any time, prescribe

supplemental, amendatory, or revised

regulations, or revoke the regulations in

this part.

Dated: March 16, 1995.

Russell D. Morris,

Commissioner.

[FR Doc. 95–11984 Filed 5–15–95; 8:45 am]

BILLING CODE 4810–35–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 93–2A]

Digital Audio Recording Devices and

Media: Access to and Confidentiality of

Statements of Account and Verification

Audit Filings

AGENCY: Copyright Office, Library of

Congress.

ACTION: Interim regulation with request

for comments.

SUMMARY: The Copyright Office is

issuing an interim regulation to

implement portions of the Audio Home

Recording Act of 1992. This Act deals

with rights with respect to digital audio

recording technology (DART) and

requires the Register of Copyrights to

issue regulations that provide for the

verification, audit, confidential

treatment, and appropriate disclosure of

DART Statements of Account and any

other confidential DART information

that is filed with the Copyright Office

during a verification procedure.

DATES: This interim regulation is

effective June 15, 1995. Public

comments on the interim regulation

should be received on or before July 17,

1995.

ADDRESSES: Parties must submit fifteen

copies of their written comments. If sent

by mail, comments must be addressed

to: Copyright GC/I&R, P.O. Box 70400,

Southwest Station, Washington, DC

20024. If delivered by hand, copies

should be brought to: Office of the

Copyright General Counsel, James

Madison Memorial Building, Room LM–

407, First and Independence Avenue,

SE, Washington DC 20540.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Acting General

Counsel, Copyright GC/I&R, PO. Box

70400, Southwest Station, Washington,

D.C. 20024. Telephone: (202) 707–8380.

Telefax (202) 707–8366.

SUPPLEMENTARY INFORMATION:

I. Background

The Audio Home Recording Act

(AHRA) requires parties who

manufacture and distribute or import

and distribute any digital audio

recording devices or media in the

United States to file DART Statements

of Account and make royalty payments.

In separate proceedings, we have

already addressed other issues related to

the filing of DART Statements of

Account. On November 25, 1992, we

issued an interim regulation governing

the filing of notices of initial

distribution under the new DART

provisions of the Copyright Code (17

U.S.C. ch. 10). 57 FR 55464 (November

25, 1992). On February 22, 1993, we

published an interim regulation on the

filing of both quarterly and annual

Statements of Account, including

payment of royalties. 58 FR 9544

(February 22, 1993). On February 1,

1994, we published a superseding

interim regulation establishing

requirements governing the filing dates,

frequency of filing, and content of the

Statements of Account, including the

Primary Auditor’s Report that must be

filed by persons subject to the statutory

obligation. 59 FR 4586 (February 1,

1994).

The Act also requires the Register of

Copyrights to issue regulations that

establish verification and audit

procedures, protect the confidentiality

of the information contained in DART

Statements of Account, and provide for
25996 Federal Register / Vol. 60, No. 94 / Tuesday, May 16, 1995 / Rules and Regulations

1S. Rep. No. 294, 102d Cong., 2d Sess. 56 (1992);

H.R. Rep. No. 873, Pt. 1, 102d Cong., 2d Sess. 20

(1992).

2S. 1623, 102d Cong., 1st Sess. (1991); see also

H.R. 4567, 102d Cong., 2d Sess. (1992).

3For purposes of this document, we will accept

their designation as Copyright Owners although the

parties commenting do not include all copyright

owners and some of them are not considered

owners under 17 U.S.C. 101, et seq.

disclosure of these Statements to limited

persons for limited purposes. 17 U.S.C.

1003(c)(2).

Congress intended section 1003(c)(2)

to balance manufacturers’ and

importers’ legitimate concerns about

outside parties having access to

confidential DART material against

interested copyright parties’ need to

review this material. The AHRA

legislative history emphasizes that

confidential trade secret information

must be protected; 1 in fact, the earlier

Senate bill stated that disclosure of this

information could be made only to

representatives of interested copyright

parties who were approved by the

Register and who signed a suitable

certification limiting the use of the

information.2

On May 7, 1993, the Copyright Office

published a Notice of Proposed

Rulemaking (NPRM). 58 FR 27251 (May

7, 1993). The 1993 Notice proposed

regulation concerning access to, and

confidentiality of, DART Statements of

Account and also raised questions about

the appropriate form and content of

regulations to govern DART audit and

verification procedures.

II. Proposed Regulation

In the 1993 NPRM, the Copyright

Office limited the proposed rule on

access and confidentiality to the

quarterly and annual Statements of

Account. 58 FR 27251. The proposed

rule granted access to these Statements

only to interested copyright parties or

their duly authorized representatives,

certain employees of the Copyright

Office, certain employees of the

Copyright Royalty Tribunal (which was

still in existence), and to the

manufacturing or importing parties or

their duly authorized representatives

who filed the Statements of Account

requested. 58 FR 27251.

Our proposed regulation stated that

the Copyright Office would provide a

DART Statement of Account Access

Form. (See Appendix). Anyone seeking

access to DART statements or reports

presumed to include confidential

material would be required to complete

this form before he or she could have

such access. The Office intended these

completed forms to certify both the

identity of the requestor and the

requestor’s prospective use of the

information.

III. Comment Letters

The parties responding to the

proposed regulation asked for one

extension of time to file reply comments

and another to file surreply comments.

We granted these requests. In all, four

different parties submitted comments:

The American Institute of Certified

Public Accountants (AICPA); The

Alliance of Artists and Recording

Companies (AARC); the Electronic

Industries Association (EIA); and a

group calling themselves ‘‘Copyright

Owners.’’ These Copyright Owners filed

a joint comment for: The American

Society of Composers, Authors, and

Publishers (ASCAP); Broadcast Music,

Inc. (BMI); Copyright Management, Inc.

(CMI); the National Music Publishers’

Association, Inc. (NMPA) and its

subsidiary, the Harry Fox Agency, Inc.;

SESAC, Inc.; and The Songwriters Guild

of America (SGA).3

Only two of the responding parties,

EIA and the Copyright Owners,

specifically commented on the proposed

rule for access and confidentiality. The

AARC commented more broadly that it

was satisfied that the proposed

regulation sufficiently addressed access

and confidentiality. AARC, reply

comment at 5. The AICPA limited its

comments to the form and content of the

regulation’s audit and verification

procedures. After studying the initial

comments, we decided to separate

access and confidentiality from audit

and verification and to address each in

a separate proceeding. Consequently, we

discuss only those comments related to

access and confidentiality.

A. Material Subject to Confidential

Treatment

Section 1003(c)(2) requires the

Register to provide for the

confidentiality of information in

Statements of Account. This

requirement of confidentiality exempts

Statements of Account from disclosure

under the Freedom of Information Act,

5 U.S.C. 552(b)(3)(4).

Both EIA and the Copyright Owners

maintain that we need to protect more

than merely the Statements of Account.

They claim that the information

disclosed in audit and verification

procedures is as sensitive as the

information contained in the Statements

of Account. EIA, comments at 36;

Copyright Owners, comments at 30, 31.

We agree and have drafted the interim

regulation to place the same access and

confidentiality limits on any DART

confidential material filed at the Office,

whether it is part of DART Statements

of Account, including the Primary

Auditor’s Report, or part of a

verification procedure.

B. Access to Appropriate Parties

1. Interested Copyright Party

The Act requires that access be given

to an interested copyright party. It also

defines interested copyright parties as

follows:

(7) An ‘‘interested copyright party’’

is—

(A) The owner of the exclusive right

under section 106(1) of this title to

reproduce a sound recording of a

musical work that has been embodied in

a digital musical recording or analog

musical recording lawfully made under

this title that has been distributed;

(B) The legal or beneficial owner of,

or the person that controls, the right to

reproduce in a digital musical recording

or analog musical recording a musical

work that has been embodied in a

digital musical recording or analog

musical recording lawfully made under

this title that has been distributed;

(C) A featured recording artist who

performs on a sound recording that has

been distributed; or

(D) Any association or other

organization—

(i) Representing persons specified in

subparagraph (A), (B), or (C) or

(ii) Engaged in licensing rights in

musical works to music users on behalf

of writers and publishers. 17 U.S.C.

1001(7).

Since all interested copyright parties

or their representatives are to have

access to DART Statements of Account,

the parties responding to our 1993

NPRM were concerned over the exact

parameters of who an ‘‘interested party’’

is for purposes of access to the DART

material filed with the Office.

2. Limitation on Access to Confidential

DART Material

a. EIA Position. The EIA expressed

concern that information filed in the

Copyright Office may contain trade

secrets and that access to information on

file in the Office as well as its

subsequent use should be restricted by

regulation. EIA proposed that (1)

information should be disclosed only to

‘‘representatives’’ of interested

copyright parties, e.g., lawyers or

accountants retained by interested

copyright parties, not to personnel

(employees or officers) of interested

copyright parties; (2) representatives

should be required to offer a statement

of need for the information; (3) the rule
Federal Register / Vol. 60, No. 94 / Tuesday, May 16, 1995 / Rules and Regulations 25997

4S.Rep. No. 294, 102d Cong., 2d Sess. at 56

(1992).

5Additionally, we note that this material contains

trade secrets and financial information and is

excluded from FOIA.

should provide express limitations on

the use and disclosure of the

confidential information, and (4) access

should be permitted to interested

copyright parties only for actual or

potential procedures. EIA, comments at

36.

In arguing that DART confidential

material should be disclosed only to

‘‘representatives’’ of interested

copyright parties, such as outside

lawyers or accountants, and not to

personnel, such as employees or

officers, of interested copyright parties,

EIA cited the Senate Report which states

that when permitting access to

Statements of Account or verification

audit filings the Copyright Office

‘‘should take account of such factors as

the sensitivity of the information,

competition between interested

manufacturing parties, and possible

relationships between interested

copyright parties and interested

manufacturing parties.’’ 4 EIA,

comments at 36.

b. The Copyright Owners’ Position.

The Copyright Owners, on the other

hand, argued that the Senate version of

the AHRA did not intend to limit access

only to ‘‘outside representatives,’’

(lawyers or accountants) retained by

interested copyright parties. They

recommended that the access

regulation:

Preclude an interested copyright party

owned or controlled by a manufacturer or

importer subject to royalty payment

obligations under the AHRA, or any

interested copyright party that owns or

controls such a manufacturer or importer,

from gaining access to statements of account

filed by any other manufacturer or importer.

Such a proscription would alleviate concerns

about confidential information reaching

competitors through affiliated record

companies or music publishers.)

Copyright Owners, comments at 32, 34.

They also asserted that their proposal

addressed EIA’s concerns. Id. The

Copyright Owners also recommended

that an industry organization or

association to which an interested

copyright party belongs, should be able

to access confidential information on

behalf of its members. Id. at 33.

c. Copyright Office Conclusions. The

Copyright Office agrees that access to

Statements of Account and other

confidential materials should be

available to all interested copyright

parties, as defined under AHRA, sec.

1001(7), but with certain limitations

designed to protect any trade secrets

contained in these materials.

Parties entitled to share in the

royalties deposited in the Sound

Recording Fund and the Musical Works

Funds may have access to the materials

for any year in which they have either

filed a claim or are entitled to file a

claim. These claimants are the actual

and intended beneficiaries of the funds;

they consist of individual record

companies, writers, music publishers,

and featured performers. See 17 U.S.C.

1001(7)(A)(B)(C).

Additionally, any organization or

association which represents an

interested copyright party, who is

entitled to file a claim, or engages in

licensing rights in musical works to

music users on behalf of writers and

publishers may have access to the

Statements of Account for any period in

which they have a demonstrable

interest. See 17 U.S.C. 1001(7)(D). These

organizations and associations may act

on their own behalf, or as a

representative of another interested

copyright party who cannot access the

Statements of Account directly.

We agree that the Copyright Owners’

recommendation should alleviate EIA’s

concerns about competitors having

access to confidential material. We are,

therefore, adopting this

recommendation with some

modifications. As recommended by EIA,

the interim rule will permit access to

‘‘outside representatives’’ of an

interested copyright party, in cases

where access would be denied to

employees or officers of that interested

copyright party, because it is owned or

controlled by, or owns or controls a

DART manufacturer or importer. We

believe this provision will offer the

safeguards requested by EIA without

imposing a financial burden on small

copyright owners who may not be able

to afford legal or accounting

representatives.

To address EIA’s other concerns, the

Office included on the DART Access

Form a statement of need for the

information requested, a statement

verifying that the use is permitted by

law, plus an affirmation that the use of

the information will not exceed the

authorization.

C. DART Access Form

1. The Form. The interim regulation

permits access only to specifically

identified Statements of Account and

accompanying audit material. The

request for access will apply only to the

particular year indicated on the DART

Access Form.

2. Purpose of Request. EIA proposed

that the DART Access Form required for

access to confidential information

should also contain a statement

concerning the specific purpose for the

request. EIA, comments in App. 2 at 24.

We have added a place for such a

statement on the form. Both EIA and the

Copyright Owners asserted that access

should be permitted only as part of an

actual or potential verification

procedure and that use and disclosure

of confidential information should be

limited to that purpose. EIA, comments

at 36. Copyright Owners, comments at

34, 35. We agree that the regulation

should contain that limitation. The

Access Form contains an affirmation

that the confidential information will be

used only for the purpose indicated.

EIA also proposed that once a

particular party has been granted access,

there should be a presumption against

further access from the same party. EIA,

comments at 36. The Office cannot

presume that further access by the same

party may not be required. We believe

that the access limitations contained in

paragraphs (d) and (f) of § 201.29

combined with the affirmation

statement contained on the DART

Access Form offer assurance that the

requested access is necessary and

proper. These requirements should

address EIA’s stated concerns since they

will permit such access only when a

need is demonstrated.

To alleviate the commentators’

concerns about confidentiality, we will

mark the DART Statements of Account

Forms ‘‘confidential,’’ and keep a record

of who was granted access.5

3. Office Safeguards. To further assure

that access to confidential information

and its use is strictly controlled, the

Office will not permit photocopies to be

made of any material gained through the

DART Access Form. The material may

be examined and notes taken under the

supervision of an Office employee. A

signed copy of any notes taken must be

given to the Office before the notes can

be removed from the examination area.

The Office will verify the identity of the

requestor by requiring a signed photo

I.D. such as a driver’s license or photo

credit card. The Office will make a copy

of this I.D. and will keep the DART

Access Form, the copy of the I.D., and

a photocopy of the notes.

4. Availability of DART Access Forms.

DART Access Forms will be provided

by the Office. Photocopied forms are

acceptable as long as they contain an

original signature.

D. Independent Cause of Action

The EIA also stated that the Access

Form should serve as a binding

obligation on the party seeking access to

DART information, so that if a
25998 Federal Register / Vol. 60, No. 94 / Tuesday, May 16, 1995 / Rules and Regulations

requesting party uses or discloses

confidential information wrongfully

(i.e., in violation of express limitations

on use and disclosure), the

manufacturing or importing party would

have a cause of action against this party.

EIA, comments at 37, 38. The Copyright

Owners questioned whether it is

necessary or appropriate for the

Copyright Office ‘‘to attempt to

recognize an independent cause of

action against a party alleged to have

disclosed confidential information.’’

Copyright Owners, surreply comments

at 18.

We agree that the Copyright Office has

no authority in the Act or its legislative

history to create any remedy for

inappropriate disclosure. We have,

however, added a sworn statement

requirement to the Access Form similar

to the one now required by the Office

on the Litigation Statement to obtain a

reproduction of deposit materials. 56 FR

12957 (March 28, 1991). This addition

will put the requesting party on notice

that he or she is certifying that the

information will be used only in the

way prescribed in the new regulation.

List of Subjects in 37 CFR Part 201

Copyright, Digital audio recording

products.

Interim Regulations

In consideration of the foregoing, the

Copyright Office is amending 37 CFR

part 201 in the manner set forth below.

PART 201—[AMENDED]

1. The authority citation for part 201

is revised to read as follows:

Authority: 17 U.S.C. 702, 17 U.S.C. 1003.

2. Section 201.29 is added to read as

follows:

§ 201.29 Access to, and Confidentiality of,

Statements of Account, Verification

Auditor’s Reports, and Other Verification

Information Filed in the Copyright Office for

Digital Audio Recording Devices or Media

(a) General. This section prescribes

rules covering access to DART

Statements of Account, including the

Primary Auditor’s Reports, filed under

17 U.S.C. 1003(c) and access to a

Verifying Auditor’s Report or other

information that may be filed in the

Office in a DART verification procedure

as set out in § 201.30. It also prescribes

rules to ensure confidential disclosure

of these materials to appropriate parties.

(b) Definitions.

(1) Access includes inspection of and

supervised making of notes on

information contained in Statements of

Account including Primary Auditor’s

Reports, Verification Auditor’s Reports,

and any other verification information.

(2) Audit and Verification Information

means the reports of the Primary

Auditor and Verifying Auditor filed

with the Copyright Office under

§§ 201.28 and 201.30, and all

information relating to a manufacturing

or importing party.

(3) DART Access Form means the

form provided by the Copyright Office

that must be completed and signed by

any appropriate party seeking access to

DART confidential material.

(4) DART confidential material means

the Quarterly and Annual Statements of

Account, including the Primary

Auditor’s Report that is part of the

Annual Statements of Account, and the

Verifying Auditor’s Report and any

other verification information filed with

the Copyright Office. It also includes

photocopies of notes made by requestors

who have had access to these materials

that are retained by the Copyright

Office.

(5) Interested copyright party means a

party as defined in 17 U.S.C. 1001(7).

(6) A Representative is someone, such

as a lawyer or accountant, who is not an

employee or officer of an interested

copyright party or a manufacturing or

importing party but is authorized to act

on that party’s behalf.

(7) Statements of Account means

Quarterly and Annual Statements of

Account as required under 17 U.S.C.

1003(c) and defined in § 201.28.

(c) Confidentiality. The Copyright

Office will keep all DART confidential

materials in locked files and disclose

them only in accordance with this

section. Any person or entity provided

with access to DART confidential

material by the Copyright Office shall

receive such information in confidence

and shall use and disclose it only as

authorized in 17 U.S.C. 1001 et. seq.

(d) Persons allowed Access to DART

confidential material. Access to DART

Statements of Account filed under 17

U.S.C. 1003(c) and to Verification

Auditor’s Reports or other verification

information is limited to:

(1) An interested copyright party as

defined in § 201.29(b)(5) or an

authorized representative of an

interested copyright party, who has

been qualified for access pursuant to

paragraph (f)(2) of this section;

(2) The Verifying Auditor authorized

to conduct verification procedures

under § 201.30;

(3) The manufacturing or importing

party who filed that Statement of

Account or that party’s authorized

representative(s); and

(4) Staff of the Copyright Office or the

Library of Congress who require access

in the performance of their duties under

title 17 U.S.C. 1001 et seq.;

(e) Requests for Access. An interested

copyright party, manufacturing party,

importing party, representative, or

Verifying Auditor seeking access to any

DART confidential material must

complete and sign a ‘‘DART Access

Form.’’ The requestor must submit a

copy of the completed DART Access

Form to the Licensing Specialist,

Licensing Division. The form must be

received in the Licensing Division at

least 5 working days before the date an

appointment is requested. The form may

be FAXED to the Licensing Division to

expedite scheduling, but a copy of the

form with the original signature must be

filed with the Office.

(1) A representative of an interested

copyright party, a manufacturing party

or an importing party shall submit an

affidavit of his or her authority (e.g., in

the form of a letter of authorization from

the interested copyright party or the

manufacturing or importing party).

(2) An auditor selected to conduct a

verification procedure under § 201.30

shall submit an affidavit of his or her

selection to conduct the verification

procedure.

(3) DART Access Forms may be

requested from, and upon completion

returned to: Licensing Division,

Copyright Office, Library of Congress,

Washington, DC 20557–6400 They may

also be requested or submitted in person

at the Licensing Division, Room LM–

458, James Madison Memorial Building,

First and Independence Avenue, SE.,

Washington, DC, between 8:30 a.m. and

5 p.m.

(f) Criteria for Access to DART

confidential material. (1) A Verifying

Auditor will be allowed access to any

particular Statement of Account and

Primary Auditor’s Report required to

perform his or her verification function;

(2) Interested copyright parties as

defined in paragraph (b)(5) of this

section will be allowed access to any

DART confidential material as defined

in paragraph (b)(4) of this section for

verification purposes, except that no

interested copyright party owned or

controlled by a manufacturing or

importing party subject to royalty

payment obligations under the Audio

Home Recording Act, or who owns or

controls such a manufacturing or

importing party, may have access to

DART confidential material relating to

any other manufacturing or importing

party. In such cases, a representative of

the interested copyright party as defined

in paragraph (b)(6) of this section may

have access for that party, provided that

these representatives do not disclose the

confidential information contained in

the Statement of Account or Primary

Auditor’s Report to his or her client.
Federal Register / Vol. 60, No. 94 / Tuesday, May 16, 1995 / Rules and Regulations 25999

1 If the answer is Yes, the requestor will be

denied direct access to DART confidential material

pursuant to 37 CFR 201.29(f). Access, however, may

be obtained through a representative. 37 CFR

201.29(d)(1).

2Whoever, in any matter within the jurisdiction

of any department or agency of the United States

knowingly and willfully falsifies, conceals or covers

up by any trick, scheme, or device a material fact,

or makes any false, fictitious or fraudulent

statements or representations, or makes or uses any

Continued

(3) Access to a Verifying Auditor’s

Report and any other verification

material filed in the Office shall be

limited to the interested copyright

party(s) requesting the verification

procedure and to the manufacturing or

importing party whose Statement of

Account was the subject of the

verification procedure.

(g) Denial of Access. Any party who

does not meet the criteria described in

§ 201.29(f) shall be denied access.

(h) Content of DART Access Form.

The DART Access Form shall include

the following information:

(1) Identification of the Statement of

Account and Primary Auditor’s Report,

the Verification Auditor’s Report and

other verification materials, or notes

prepared by requestors who earlier

accessed the same items, to be accessed,

by both the name (of the manufacturing

party or importing party) and the

quarter(s) and year(s) to be accessed.

(2) The name of the interested

copyright party, manufacturing party,

importing party, or verification auditor

on whose behalf the request is made,

plus this party’s complete address,

including a street address (not a post

office box number), a telephone number,

and a telefax number, if any.

(3) If the request for access is by or for

an interested copyright party, a

statement indicating whether the

copyright party is owned or controlled

by a manufacturing or importing party

subject to a royalty payment obligation,

or whether the interested copyright

party owns or controls a manufacturing

or importing party subject to royalty

payments.

(4) The name, address, and telephone

number of the person making the

request for access and his/her

relationship to the party on whose

behalf the request is made.

(5) The specific purpose for the

request for access, for example, access is

requested in order to verify a Statement

of Account; in order to review the

results of a verification audit; for the

resolution of a dispute arising from such

an audit; or in order for a manufacturing

or importing party to review its own

Statement of Account, Primary

Auditor’s Report, Verification Auditor’s

Report, or related information.

(6) A statement that the information

obtained from access to Statements of

Account, Primary Auditor’s Report,

Verification Auditor’s Report, and any

other verification audit filings will be

used only for a purpose permitted under

the Audio Home Recording Act (AHRA)

and the DART regulations.

(7) The actual signature of the party

or the representative of the party

requesting access certifying that the

information will be held in confidence

and used only for the purpose specified

by the Audio Home Recording Act and

these regulations.

Appendix—DART Statement of Account

Access Form

Note:—The following form will not appear

in the Code of Federal Regulations:

DART Access Form

Copyright Office Licensing Division

Instructions for When Access Form Is Used

This form constitutes a request for access

to DART Statements of Account including

the Primary Auditor’s Report, Verification

Auditor’s Report, or other verification

information deposited in the Copyright

Office. Access is restricted by Copyright

Office Interim Regulation § 201.29 as

required by 17 U.S.C. 1003(c) and 1004. No

photocopies of Statements of Account, any

part of them, or any other confidential

material will be permitted.

The requestor must submit a copy of the

completed DART Access Form to the

Licensing Specialist, Licensing Division. The

form must be received in the Licensing

Division at least 5 working days before the

date on which an appointment is requested.

The form may be FAXED to (202) 707–0905

to expedite scheduling, but a copy of the

form with an original signature must be filed

with the Office.

Directions for Completing Form

Representatives of parties seeking access to

Statements of Accounts must fill in items 1

through 3. Parties seeking direct access

without a representative need not complete

item 2c. The form must contain an original

signature and all of the information

requested.

1. Information on Material Requested

Name of manufacturing or importing party

listed in Statement of Account file:

lllllllllllllllllllll

(Name of manufacturing or importing party)

This request is for access to:

b Statement of Account for:

b 1st Quarter of———————(year);

b 2nd Quarter of——————— (year);

b 3rd Quarter of——————— (year);

b Annual Statement of Account

(including Report for the 4th Quarter and

the Primary Auditor’s Report)

————————— (year);

b Verification Auditor’s Report and any

other verification audit material for:

————————— (year);

2. Information on Requestor of Information

a. Access to the Statement(s) of Account

file is requested by or behalf of:

b interested copyright party (37 CFR

201.29(b)(5));

b manufacturing party;

b importing party

b verification auditor.

b. Name and address of interested

copyright party, importing, or manufacturing

party or verification auditor making request:

Verification auditor must attach an affidavit

of his/her authority to conduct a verification

function and show a photo I.D. at time of

access.

(1)

lllllllllllllllllllll

(Name)

lllllllllllllllllllll

(Street address, not P.O. Box)

lllllllllllllllllllll

City State

lllllllllllllllllllll

(Telephone number) / Facsimile (fax) number

(2) If the request for access is by or for an

interested copyright party, is the

copyright party owned or controlled by

a manufacturing or important party

subject to a royalty payment obligation

or does the copyright party own or

control a manufacturing or important

party subject to royalty payments?

b yes 1 b no

c. If submitted by a representative, name

and address and affiliation of representative

making request for access and relationship to

the party on whose behalf the request is

made: A representative of an interested

copyright party, a manufacturing party, or an

importing party must attach an affidavit of

his/her authority (e.g., in the form of a letter

of authorization from the interested copyright

party or the manufacturing or importing

party) and provide a photo I.D. at time of

access. The Office will make a photocopy of

the I.D. material and retain it.

lllllllllllllllllllll

(Name)

lllllllllllllllllllll

(Firm or other affiliation)

lllllllllllllllllllll

(Street address, not P.O. Box)

lllllllllllllllllllll

City State

lllllllllllllllllllll

(Telephone number) / facsimile (fax) number

Relationship: [to party given in 1] lllll

3. Purpose of the request for access to

Statement(s) of Account file:

b verification procedure:

b actual

b potential;

b inspection by manufacturing or importing

party of Statement(s) of Account it

deposited or verification audit material

pertaining to it;

b other (specify): llllll.

Any False Statement of Material Fact Made

on this Form May Be a Criminal Offense. See

18 U.S.C. 1001 et. seq.2

I hereby affirm to the Copyright Office that

I am authorized to have access to this
26000 Federal Register / Vol. 60, No. 94 / Tuesday, May 16, 1995 / Rules and Regulations

false writing or document knowing the same to

contain any false, fictitious or fraudulent statement

or entry, shall be fined not more than $10,000 or

imprisoned not more than five years, or both. 18

U.S.C. 1001.

material under the Regulations of the

Copyright Office. 37 CFR 201.29. I also affirm

there is a need for this information for the

purpose indicated and that it will be used

only for that purpose.

Signature of requestor llllllllll

lllllllllllllllllllll

b Representative; b Party

Typed or Printed Name lllllllll

Name of Firm llllllllllllll

Address llllllllllllllll

Telephone Number lllllllllll

Fax Number lllllllllllllll

Date llllllllllllllllll

For Office Use Only

Access to requested statement(s) of account

file(s) was granted to:

lllllllllllllllllllll

on lllllllllllllllllll

b photo I.D. inspected and photocopied

b affidavit submitted, if necessary.

Access was granted by llllllllll

Dated: May 9, 1995.

Marybeth Peters,

Register of Copyrights.

Approved by:

James H. Billington,

The Librarian of Congress.

[FR Doc. 95–12012 Filed 5–15–95; 8:45 am]

BILLING CODE 1410–31–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

45 CFR Part 1397

Removal of Standard Setting

Requirements for Medical and

Nonmedical Facilities Where SSI

Recipients Reside

AGENCY: Administration for Children

and Families, Department of Health and

Human Services.

ACTION: Final rule.

SUMMARY: This notice removes from the

Code of Federal Regulations the

provisions on standard setting

requirements for medical and nonmedical facilities where Supplemental

Security Income recipients reside. These

standard setting requirements

implement the requirements of the Keys

Amendment, Section 1616(e) of the

Social Security Act, as amended. This

action is necessary because, as of March

31, 1995, Federal responsibility for the

Keys Amendment will be assumed by

the independent Social Security

Administration as required by statute.

DATES: Effective date is May 16, 1995.

FOR FURTHER INFORMATION CONTACT:

Madeline Mocko (202) 401–9223.

SUPPLEMENTARY INFORMATION: The Keys

Amendment, Section 1616(e) of the

Social Security Act, requires States to

establish and enforce standards for

residential facilities where significant

numbers of Supplemental Security

Income (SSI) recipients reside; make a

summary of these standards available

for public review; make copies of the

standards (and State enforcement

procedures) available on request; and

certify annually to the Secretary that

these requirements have been met.

Under the Social Security

Independence and Program

Improvement Act of 1994, Public Law

103–296, effective March 31, 1995, the

responsibility for administering the

Keys Amendment requirements was

changed. Pursuant to section 107(a) of

that Act, effective March 31, 1995, the

certifications required by section

1616(e) of the Social Security Act come

under the jurisdiction of the

Commissioner of the independent

Social Security Administration (SSA).

Therefore, the regulations at 45 CFR Part

1397 which implement the Keys

Amendment and which are currently

the responsibility of the Administration

for Children and Families, must be

removed in order that the independent

SSA agency may promulgate guidance

as it deems appropriate.

Impact Analysis

Regulatory Procedures—Executive

Order 12866

This final Rule has been reviewed

pursuant to Executive Order 12866.

Executive Order 12866 requires that

regulations be reviewed for consistency

with the priorities and principles set

forth in the Executive Order. ACF has

determined that this rule is consistent

with these priorities and principles.

Regulatory Flexibility Act

Consistent with the Regulatory

Flexibility Act (Pub. L. 96–454), which

requires the Federal government to

anticipate and reduce the impact of

rules and paperwork requirements on

small businesses and other small

entities, the Department certifies that

this rule has no significant effect on a

substantial number of small entities.

Therefore, a regulatory flexibility

analysis is not required.

Paperwork Reduction Act

This requirement contains no

information collection requirements

which are subject to review and

approval by OMB under the Paperwork

Reduction Act of 1980 (44 U.S.C. 3500

et seq.).

List of Subjects in 45 CFR Part 1397

Grants programs—social programs,

Health facilities, Reporting and

recordkeeping requirements,

Supplemental Security Income (SSI).

Dated April 5, 1995.

Mary Jo Bane,

Assistant Secretary for Children and Families.

Part 1397 Subchapter K—[Removed and

Reserved]

For the reasons set forth in the

preamble, and under the authority of

section 107(a) of Pub. L. 103–296 and

section 1102(a) of the Social Security

Act, 45 CFR Subchapter K is removed

and reserved and 45 CFR Part 1397 is

hereby removed.

[FR Doc. 95–11913 Filed 5–15–95; 8:45 am]

BILLING CODE 4184–01–M

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 97

[PR Docket No. 94–59; FCC 95–163]

HF Digital Communications in the

Amateur Service

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This action amends the rules

for the amateur service to authorize

automatic control of stations

transmitting digital emission types on

the High Frequency (HF) amateur

service bands. This amendment was

necessary because, except for temporary

authority the Commission issued to

permit a feasibility study, automatic

control has not been authorized on the

HF bands. The intended effect of the

final rule is to authorize automatic

control of amateur stations transmitting

digital emissions subject to two

conditions: The automatically

controlled station either must be

connected to another station that is

under manual control, or the

automatically controlled station must

transmit only within a subband

designated for communications between

automatically controlled stations.

EFFECTIVE DATE: July 1, 1995.

FOR FURTHER INFORMATION CONTACT: