Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 49709 

1For each of the claim years 2002, 2003, and 

2004, the interested copyright parties to the royalty 

fees in the Sound Recordings Funds have 

negotiated a universal settlement agreement among 

themselves as to the proportionate share that each 

party receives from the subfunds; consequently, 

these funds have been distributed. 

2On July 1, 2008, the Settling Parties filed a 

motion requesting commencement of the 

proceeding mentioned in the October 2, 2006, 

order. 

3The Copyright Royalty Judge Program Technical 

Corrections Act, Public Law 109–303, changed the 

amount from $10,000 to $1,000. 

each year during the months of January 

and February. 17 U.S.C. 1005, 1007. 

The AHRA provides that the royalties 

are divided between two funds: the 

Sound Recordings Fund and the 

Musical Works Fund. The Sound 

Recordings Fund receives 662⁄3% of the 

royalties and the Musical Works Fund 

receives the remaining 331⁄3%. These 

fees are allocated further to specific 

subfunds. 

The Sound Recordings Fund consists 

of four subfunds: the Featured Artists 

Subfund, the Copyright Owners 

Subfund, the Nonfeatured Musicians 

Subfund, and the Nonfeatured Vocalists 

Subfund. The royalty fees allocated to 

the Sound Recordings Funds are 

divided among these four subfunds 

according to the percentages set out in 

section 1006 of the Copyright Act. 17 

U.S.C. 1006(b)(1). Similarly, the statute 

prescribes that the royalty fees allocated 

to the Musical Works Fund be divided 

equally between two subfunds, the 

Publishers Subfund and the Writers 

Subfund. 17 U.S.C. 1006(b)(2). 

Distribution of these fees may occur 

in one of two ways. The interested 

copyright parties within each subfund 

may either negotiate the terms of a 

settlement as to the division of royalty 

funds,1 or the Copyright Royalty Judges 

may conduct a proceeding to determine 

the distribution of the royalties that 

remain in controversy in each subfund. 

See 17 U.S.C. 1006(c). 

On May 19, 2006, the Judges received 

a motion filed jointly by Broadcast 

Music, Inc., the American Society of 

Composers, Authors and Publishers, 

SESAC, Inc., and the Harry Fox Agency 

(hereinafter ‘‘the Settling Parties’’) 

asking the Judges to authorize a partial 

distribution of 95% of the 2002, 2003, 

and 2004 digital audio recording 

technology (‘‘DART’’) Musical Works 

Funds. The Settling Parties sought the 

distribution under 17 U.S.C. 

801(b)(3)(A), which provides that 

royalty fees not subject to controversy 

may be distributed by the Judges. 

Subsequently, on September 27, 2006, 

the Judges held a hearing on the motion; 

and after considering the views of the 

claimants participating in the hearing, 

including an objection to the motion by 

one claimant, the Judges granted the 

motion, finding that retention of 5% of 

the 2002, 2003, and 2004 DART Musical 

Works Funds would be sufficient to 

resolve any potential controversies as to 

the distribution of royalties. See Order 

in Docket No. 2006–5 CRB DD 2002–

2004 (October 2, 2006). The Judges also 

determined that it would begin a 

proceeding to resolve any existing 

controversies as to the remaining 5% of 

the 2002, 2003, and 2004 DART Musical 

Works Funds.2 Id. Today’s notice 

commences that proceeding. 

Commencement of Proceeding 

Consistent with 17 U.S.C. 804(b)(8), 

the Judges determine that a controversy 

exists as to the distribution of the 2002, 

2003, and 2004 DART Musical Works 

Fund. We reach this determination, in 

this instance, for two reasons. First, an 

objection to the motion for partial 

distribution was raised by a claimant 

who participated in the September 27, 

2006, hearing. Second, to date we have 

not received notification that any 

settlements have been reached for any of 

these years, nor have we received 

motions for final distribution. 

The Judges are consolidating the 

consideration of the distribution of the 

2002, 2003, and 2004 DART Musical 

Works Funds into a single proceeding 

because the issues regarding the 

distribution of the royalty fees are 

similar, if not the same, for each year. 

Moreover, due to the relatively low 

amount of funds for each year, 

consolidation provides a cost savings to 

the parties and promotes administrative 

efficiencies. 

Petitions To Participate 

Petitions to Participate must provide 

all of the information required by 37 

CFR 351.1(b)(2). Participants also must 

identify by year each subfund in the 

Musical Works Fund to which they are 

asserting a claim to royalties. Petitions 

to Participate submitted by interested 

parties whose claims do not exceed 

$1,000 3 must contain a statement that 

the party will not seek a distribution of 

more than $1,000. No filing fee is 

required for these parties. Interested 

parties with claims exceeding one 

thousand dollars ($1,000), however, 

must submit a filing fee of one hundred 

and fifty dollars ($150) with their 

Petition to Participate or it will be 

rejected. Cash will not be accepted; 

therefore, parties must pay the filing fee 

with a check or money order made 

payable to the ‘‘Copyright Royalty 

Board.’’ If a check is returned for lack 

of sufficient funds, the corresponding 

Petition to Participate will be dismissed. 

Further procedural matters, including 

scheduling, will be addressed after 

Petitions to Participate have been 

received. 

In accordance with 37 CFR 350.2 

(Representation), only attorneys who are 

members of the bar in one or more states 

and in good standing will be allowed to 

represent parties before the Copyright 

Royalty Judges, unless the party is an 

individual who represents herself or 

himself. 

Dated: August 18, 2008. 

James Scott Sledge, 

Chief United States Copyright Royalty Judge. 

[FR Doc. E8–19570 Filed 8–21–08; 8:45 am] 

BILLING CODE 1410–72–P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice. 

SUMMARY: NARA is giving public notice 

that the agency has submitted to OMB 

for approval the information collection 

described in this notice. The public is 

invited to comment on the proposed 

information collection pursuant to the 

Paperwork Reduction Act of 1995. 

DATES: Written comments must be 

submitted to OMB at the address below 

on or before September 22, 2008 to be 

assured of consideration. 

ADDRESSES: Send comments to Desk 

Officer for NARA, Office of Management 

and Budget, New Executive Office 

Building, Washington, DC 20503; fax: 

202–395–5167. 

FOR FURTHER INFORMATION CONTACT: 

Requests for additional information or 

copies of the proposed information 

collection and supporting statement 

should be directed to Tamee Fechhelm 

at telephone number 301–837–1694 or 

fax number 301–713–7409. 

SUPPLEMENTARY INFORMATION: Pursuant 

to the Paperwork Reduction Act of 1995 

(Public Law 104–13), NARA invites the 

general public and other Federal 

agencies to comment on proposed 

information collections. NARA 

published a notice of proposed 

collection for this information collection 

on June 9, 2008 (73 FR 32604 and 

32605). No comments were received. 

NARA has submitted the described 

information collection to OMB for 

approval. 


jlentini on PROD1PC65 with NOTICES
49710 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 

In response to this notice, comments 

and suggestions should address one or 

more of the following points: (a) 

Whether the proposed information 

collection is necessary for the proper 

performance of the functions of NARA; 

(b) the accuracy of NARA’s estimate of 

the burden of the proposed information 

collection; (c) ways to enhance the 

quality, utility, and clarity of the 

information to be collected; and (d) 

ways to minimize the burden of the 

collection of information on 

respondents, including the use of 

information technology; and (e) whether 

small businesses are affected by this 

collection. In this notice, NARA is 

soliciting comments concerning the 

following information collection: 

1. Title: Researcher Application. 

OMB number: 3095–0016. 

Agency form number: NA Form 

14003. 

Type of review: Regular. 

Affected public: Individuals or 

households, business or other for-profit, 

not-for-profit institutions, Federal, State, 

Local or Tribal Government. 

Estimated number of respondents: 

18,487. 

Estimated time per response: 8 

minutes. 

Frequency of response: On occasion. 

Estimated total annual burden hours: 

2,465 hours. 

Abstract: The information collection 

is prescribed by 36 CFR 1254.8. The 

collection is an application for a 

research card. Respondents are 

individuals who wish to use original 

archival records in a NARA facility. 

NARA uses the information to screen 

individuals, to identify which types of 

records they should use, and to allow 

further contact. 

Dated: August 18, 2008. 

Martha Morphy, 

Assistant Archivist for Information Services. 

[FR Doc. E8–19520 Filed 8–21–08; 8:45 am] 

BILLING CODE 7515–01–P 

NATIONAL SCIENCE FOUNDATION 

Notice of Permit Applications Received 

Under the Antarctic Conservation Act 

of 1978 (Pub. L. 95–541) 

AGENCY: National Science Foundation. 

ACTION: Notice of permit applications 

received under the Antarctic 

Conservation Act of 1978, Public Law 

95–541. 

SUMMARY: The National Science 

Foundation (NSF) is required to publish 

notice of permit applications received to 

conduct activities regulated under the 

Antarctic Conservation Act of 1978. 

NSF has published regulations under 

the Antarctic Conservation Act at Title 

45 Part 670 of the Code of Federal 

Regulations. This is the required notice 

of permit applications received. 

DATES: Interested parties are invited to 

submit written data, comments, or 

views with respect to this permit 

application by September 22, 2008. This 

application may be inspected by 

interested parties at the Permit Office, 

address below. 

ADDRESSES: Comments should be 

addressed to Permit Office, Room 755, 

Office of Polar Programs, National 

Science Foundation, 4201 Wilson 

Boulevard, Arlington, Virginia 22230. 

FOR FURTHER INFORMATION CONTACT: 

Nadene G. Kennedy at the above 

address or (703) 292–7405. 

SUPPLEMENTARY INFORMATION: The 

National Science Foundation, as 

directed by the Antarctic Conservation 

Act of 1978 (Public Law 95–541), as 

amended by the Antarctic Science, 

Tourism and Conservation Act of 1996, 

has developed regulations for the 

establishment of a permit system for 

various activities in Antarctica and 

designation of certain animals and 

certain geographic areas as requiring 

special protection. The regulations 

establish such a permit system to 

designate Antarctic Specially Protected 

Areas. 

Permit Application No. 2009–010 

The applications received are as 

follows: 

1. Applicant: Lisa K. Blatt, 1695 North 

Point Street, #204, San Francisco, CA 

94123. 

Activity for Which Permit Is Requested 

Enter Antarctic Specially Protected 

Areas. The applicant is a member of the 

Antarctic Artists and Writers Program 

and plans to enter ASPA 155—Cape 

Evans (Scott’s Hut), ASPA 157—

Backdoor Bay, Cape Royds 

(Shackelton’s Hut), and ASPA 158—Hut 

Point (Discovery Hut). The applicant 

plans to photograph and document the 

historical aspect of man’s interaction 

with his environment in the historic 

huts and allow broader comparisons to 

the current interactions at McMurdo 

Station, and science camps. 

Location 

ASPA 155—Cape Evans (Scott’s Hut), 

ASPA 157—Backdoor Bay, Cape Royds 

(Shackelton’s Hut), and ASPA 158—Hut 

Point (Discovery Hut). 

Dates 

October 2, 2008 to February 28, 2009. 

Permit Application No. 2009–016 

2. Applicant: Hubertus Staudigel, 

Scripps Institution of Oceanography, 

UCSD–0225, La Jolla, CA 92093–0225. 

Activity for Which Permit Is Requested 

Enter Antarctic Specially Protected 

Area. The applicant plans to enter 

ASPA 130—Tramway Ridge, Mt. Erebus 

as it offers a unique opportunity to 

study microbial glass alteration because 

it is minimally affected by any major 

disturbance from people or multicellular life and it provides an 

extremely attractive natural laboratory 

that simulates microbe-rock interactions 

in an organics-poor environment. In 

such an environment, it is most likely 

to find truly chemo-autotrophic 

metabolisms. As such, it may be 

considered a close analog to microbial 

habitats of the early earth. In addition, 

Tramway Ridge is exposed to some 

unique extreme environmental 

conditions which offers much potential 

for identifying novel and specially 

adapted microbes. 

Location 

ASPA 130—Tramway Ridge, Mt. 

Erebus. 

Dates 

December 1, 2008 to December 31, 

2008. 

Permit Application No. 2009–017 

3. Applicant: Cheryl E. Leonard, 2352 

Fulton Street, San Franciso CA 

94118. 

Activity for Which Permit is Requested 

Take. The applicant is a member of 

the Antarctic Artists and Writers 

program and plans to salvage bones 

from deceased Adelie, Chinstrap and 

Gentoo penguins. The bones, along with 

rocks, ice, fossils, feathers, shells, and 

water will be played literally as musical 

instruments as part of the project, 

‘‘Antarctica: Hidden Musical Worlds’’. 

These natural instruments will be the 

primary source of sounds for the 

musical pieces created for this project, 

although some works will also 

incorporate field recordings of birds, 

animals, ice and water. The project will 

culminate in a series of live concerts at 

science museums, aquariums, and 

concert halls throughout the U.S. and 

will be released on a DVD with 

international distribution. 

Location 

Palmer Station vicinity, Anvers 

Island. 


jlentini on PROD1PC65 with NOTICES