Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices 72471 

MET submitted an application, dated 

November 1, 2004, (see Exhibit 35–1) to 

expand its recognition to include 12 

additional test standards. The NRTL 

Program staff determined that each of 

these standards is an ‘‘appropriate test 

standard’’ within the meaning of 29 CFR 

1910.7(c). However, one standard was 

already included in MET’s scope. 

Therefore, OSHA is approving eleven 

test standards for the expansion. In 

connection with this request, OSHA did 

not perform an on-site review of MET’s 

NRTL testing facilities. However, NRTL 

Program assessment staff reviewed 

information pertinent to the request and 

recommended that MET’s recognition be 

expanded to include the eleven 

additional test standards listed below 

(see Exhibit 35–2). The preliminary 

notice announcing the expansion 

application was published in the 

Federal Register on August 30, 2005 (70 

FR 51370). Comments were requested 

by September 14, but no comments were 

received in response to this notice. 

The previous notices published by 

OSHA for MET’s recognition covered an 

expansion of recognition, which became 

effective on August 26, 2003 (68 FR 

51304). 

You may obtain or review copies of 

all public documents pertaining to the 

MET application by contacting the 

Docket Office, Occupational Safety and 

Health Administration, U.S. Department 

of Labor, 200 Constitution Avenue, 

NW., Room N–2625, Washington, DC, 

20210. Docket No. NRTL1–88 contains 

all materials in the record concerning 

MET’s recognition. 

The current address of the MET 

facility already recognized by OSHA is: 

MET Laboratories, Inc., 914 West 

Patapsco Avenue, Baltimore, Maryland 

21230. 

Final Decision and Order 

NRTL Program staff has examined the 

application, the assessor’s 

recommendation, and other pertinent 

information. Based upon this 

examination and the assessor’s 

recommendation, OSHA finds that MET 

has met the requirements of 29 CFR 

1910.7 for expansion of its recognition, 

subject to the limitation and conditions 

listed below. Pursuant to the authority 

in 29 CFR 1910.7, OSHA hereby 

expands the recognition of MET, subject 

to the following limitation and 

conditions. 

Limitation 

OSHA limits the expansion of MET’s 

recognition to testing and certification 

of products for demonstration of 

conformance to the test standards listed 

below. OSHA has determined that the 

standards meet the requirements for an 

appropriate test standard, within the 

meaning of 29 CFR 1910.7(c). 

UL 5A Nonmetallic Surface Raceways 

and Fittings. 

UL 291 Automated Teller Systems. 

UL 294 Access Control System Units. 

UL 508A Industrial Control Panels. 

UL 963 Sealing, Wrapping, and 

Marking Equipment. 

UL 1727 Commercial Electric Personal 

Grooming Appliances. 

UL 1863 Communication Circuit 

Accessories. 

UL 60065 Audio, Video and Similar 

Electronic Apparatus.** 

UL 60335–1 Safety of Household and 

Similar Electrical Appliances, Part 1; 

General Requirements. 

UL 60335–2–34 Household and 

Similar Electrical Appliances, Part 2; 

Particular Requirements for Motor 

Compressors. 

UL 61010C–1 Process Control 

Equipment. 

**Note: This standard is comparable to UL 

6500 Audio/Video and Musical Instrument 

Apparatus for Household, Commercial, and 

Similar General Use. Since no NRTL is 

currently recognized for UL 60065, we plan 

to modify the scope of any NRTL currently 

recognized for UL 6500 to add UL 60065. 

The designation and title of the above 

test standards were current at the time 

of the preparation of the notice of the 

preliminary finding. 

OSHA’s recognition of MET, or any 

NRTL, for a particular test standard is 

limited to equipment or materials (i.e., 

products) for which OSHA standards 

require third party testing and 

certification before use in the 

workplace. Consequently, an NRTL’s 

scope of recognition excludes any 

product(s) falling within the scope of a 

test standard for which OSHA has no 

NRTL testing and certification 

requirements. 

Many UL test standards also are 

approved as American National 

Standards by the American National 

Standards Institute (ANSI). However, for 

convenience, we use the designation of 

the standards developing organization 

for the standard as opposed to the ANSI 

designation. Under our procedures, any 

NRTL recognized for an ANSI-approved 

test standard may use either the latest 

proprietary version of the test standard 

or the latest ANSI version of that 

standard. You may contact ANSI to find 

out whether or not a test standard is 

currently ANSI-approved. 

Conditions 

MET must also abide by the following 

conditions of the recognition, in 

addition to those already required by 29 

CFR 1910.7: 

OSHA must be allowed access to 

MET’s facilities and records for 

purposes of ascertaining continuing 

compliance with the terms of its 

recognition and to investigate as OSHA 

deems necessary; 

If MET has reason to doubt the 

efficacy of any test standard it is using 

under this program, it must promptly 

inform the test standard developing 

organization of this fact and provide 

that organization with appropriate 

relevant information upon which its 

concerns are based; 

MET must not engage in or permit 

others to engage in any 

misrepresentation of the scope or 

conditions of its recognition. As part of 

this condition, MET agrees that it will 

allow no representation that it is either 

a recognized or an accredited Nationally 

Recognized Testing Laboratory (NRTL) 

without clearly indicating the specific 

equipment or material to which this 

recognition is tied, or that its 

recognition is limited to certain 

products; 

MET must inform OSHA as soon as 

possible, in writing, of any change of 

ownership, facilities, or key personnel, 

and of any major changes in its 

operations as an NRTL, including 

details; 

MET will meet all the terms of its 

recognition and will always comply 

with all OSHA policies pertaining to 

this recognition; and 

MET will continue to meet the 

requirements for recognition in all areas 

where it has been recognized. 

Signed at Washington, DC, this 28th day of 

November, 2005. 

Jonathan L. Snare, 

Acting Assistant Secretary. 

[FR Doc. E5–6822 Filed 12–2–05; 8:45 am] 

BILLING CODE 4510–26–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 2005–5 CRB DTNSRA] 

Digital Performance Right in Sound 

Recordings and Ephemeral 

Recordings for a New Subscription 

Service 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice announcing 

commencement of proceeding with 

request for Petitions to Participate. 

SUMMARY: The Copyright Royalty Board 

of the Library of Congress is announcing 

the commencement of a proceeding to 

determine the reasonable rates and 

72472 Federal Register / Vol. 70, No. 232 / Monday, December 5, 2005 / Notices 

terms for the transmission and 

ephemeral recording statutory licenses 

that would apply to a new type of 

service. This new type of subscription 

service performs sound recordings on 

digital audio channels programmed by 

the licensee for transmission by a 

satellite television distribution service 

to its residential customers, where the 

audio channels are bundled with 

television channels as part of a ‘‘basic’’

package of service and not for a separate 

fee. The Board is also announcing the 

date by which a party who wishes to 

participate in the new rate proceeding 

must file its Petition to Participate and 

the accompanying $150 filing fee. 

DATES: Petitions to Participate and the 

filing fee are due no later than January 

4, 2006. 

ADDRESSES: If hand delivered by a 

private party, an original and five copies 

of a Petition to Participate along with 

the $150 filing fee should be brought to 

Room LM–401 of the James Madison 

Memorial Building between 8:30 a.m. 

and 5 p.m. and the envelope should be 

addressed as follows: Copyright Royalty 

Board, Library of Congress, James 

Madison Memorial Building, Room LM–

401, 101 Independence Avenue, SE., 

Washington, DC 20559–6000. If 

delivered by a commercial carrier, an 

original and five copies of a Petition to 

Participate along with the $150 filing fee 

must be delivered to the Congressional 

Courier Acceptance Site located at 

Second and D Street, NE., Monday 

through Friday between 8:30 a.m. and 4 

p.m. The envelope should be addressed 

as follows: Copyright Royalty Board, 

Library of Congress, Room 403, James 

Madison Memorial Building, 101 

Independence Avenue, SE., 

Washington, DC. If sent by mail 

(including overnight delivery using U.S. 

Postal Service Express Mail), an original 

and five copies of a Petition to 

Participate along with the $150 filing fee 

should be addressed to: Copyright 

Royalty Board, P.O. Box 70977, 

Southwest Station, Washington, DC 

20024–0977. Petitions to Participate and 

the $150 filing fee may not be delivered 

by means of overnight delivery services 

such as Federal Express, United Parcel 

Service, etc., due to delays in processing 

receipt of such deliveries. 

FOR FURTHER INFORMATION CONTACT: 

William J. Roberts, Jr., Senior Attorney, 

or Abioye E. Oyewole, CRB Program 

Specialist. Telephone: (202) 707–8380. 

Telefax: (202) 252–3423. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 31, 2005, the Copyright 

Royalty Board (‘‘Board’’) from XM 

Satellite Radio, Inc. (‘‘XM’’), a Petition 

to Initiate and Schedule Proceeding for 

a New Type of Subscription Service 

pursuant to 17 U.S.C. 114(f)(2)(C). As 

characterized in the Petition, ‘‘This new 

type of subscription service performs 

sound recordings on digital audio 

channels programmed by the licensee 

for transmission by a satellite television 

distribution service to its residential 

customers, where the audio channels 

are bundled with television channels as 

part of a ‘basic’ package of service and 

not for a separate fee.’’ XM Petition at 

1. 

As explained in the Petition, 

commencing on or about November 15, 

2005, DirecTV, Inc., (‘‘DirecTV’’), a 

provider of television service to 

residential consumers by satellite, 

would begin to include a number of 

music and non-music audio channels, 

supplied by XM in its program lineup. 

The XM channels will be ‘‘a part of the 

DirecTV basic package of service, 

without requiring payment of a separate 

subscription fee.’’ XM Petition at 2. This 

new service would utilize the statutory 

copyright licenses provided in 17 U.S.C. 

114(d)(2) (for performance by means of 

subscription digital audio transmission) 

and 17 U.S.C. 112(e) (for ephemeral 

recordings solely for use in those 

transmissions). This Notice is issued, 

pursuant to 17 U.S.C. 804(b)(3)(C)(ii), to 

initiate the proceeding to determine the 

rates and terms for those licenses. 

Petitions To Participate 

Any party who wishes to participate 

in this proceeding must submit to the 

Board a Petition to Participate by no 

later than January 4, 2006. 17 U.S.C. 

803(b)(1)(B). The single or joint Petition 

to Participate must provide all of the 

information required by 37 CFR 

351.1(b). See, 70 FR 30906–7 (May 31, 

2005). The Petition to Participate must 

be accompanied by a $150 filing fee. 

Cash will not be accepted; therefore, 

parties must pay the filing fee with a 

check or money order made payable to 

‘‘Copyright Royalty Board.’’ If payment 

of the filing fee in the form of a check 

is returned for lack of sufficient funds, 

the corresponding Petition to Participate 

will be dismissed. 

Dated: November 29, 2005. 

Bruce G. Forrest, 

Interim Chief Copyright Royalty Judge. 

[FR Doc. 05–23639 Filed 12–2–05; 8:45 am] 

BILLING CODE 1410–72–P 

NUCLEAR REGULATORY 

COMMISSION 

[Docket Nos. 50–336 and 50–423] 

Dominion Nuclear Connecticut, Inc.; 

Millstone Power Station, Units 2 and 3; 

Notice of Issuance of Renewed 

Facility; Operating License Nos. Dpr–

65 And Npf–49; for an Additional 20- 

Year Period 

Notice is hereby given that the U.S. 

Nuclear Regulatory Commission (NRC 

or the Commission) has issued Renewed 

Facility Operating License Nos. DPR–65 

and NPF–49 to Dominion Nuclear 

Connecticut, Inc. (licensee), the operator 

of Millstone Power Station (MPS), Units 

2 and 3. Renewed Facility Operating 

License No. DPR–65 authorizes 

operation of MPS Unit 2 by the licensee 

at reactor core power levels not in 

excess of 2700 megawatts thermal, in 

accordance with the provisions of the 

MPS renewed license and its Technical 

Specifications. Renewed Facility 

Operating License No. NPF–49 

authorizes operation of MPS Unit 3 by 

the licensee at reactor core power levels 

not in excess of 3411 megawatts 

thermal, in accordance with the 

provisions of the MPS renewed license 

and its Technical Specifications. 

MPS Units 2 and 3 are pressurized 

water reactors located in Waterford, 

Connecticut. The licensee’s applications 

for the renewed licenses complied with 

the standards and requirements of the 

Atomic Energy Act of 1954, as amended 

(the Act), and the Commission’s 

regulations. As required by the Act and 

the Commission’s regulations in 10 CFR 

Chapter 1, the Commission has made 

appropriate findings, which are set forth 

in each license. Prior public notice of 

the action of issuing the proposed 

renewed licenses and of an opportunity 

for a hearing on the proposed issuance 

of the renewed licenses was published 

in the Federal Register on March 12, 

2004 (69 FR 11897). 

For further details about this action, 

see: (1) Dominion Nuclear Connecticut’s 

license renewal applications for MPS 

Units 2 and 3, dated January 20, 2004, 

as supplemented by letters dated 

through July 21, 2005; (2) the 

Commission’s safety evaluation report 

dated October 2005 (NUREG–1838); and 

(3) the Commission’s final 

environmental impact statements 

(NUREG–1437, Supplement 22, for the 

Millstone Power Station, Units 2 and 3, 

dated July 2005). These documents are 

available at the NRC’s Public Document 

Room, One White Flint North, 11555 

Rockville Pike, Rockville, MD 20852, 

and can be viewed from the NRC Public