49708 Federal Register / Vol. 73, No. 164 / Friday, August 22, 2008 / Notices 

Safety and Health (ACCSH) is necessary 

and in the public interest. Accordingly, 

the U.S. Department of Labor, 

Occupational Safety and Health 

Administration (OSHA) has renewed 

the ACCSH Charter with several minor 

revisions. The revisions relate to 

procedural matters which do not 

substantively affect the objectives or 

activities of the ACCSH Committee. The 

ACCSH Charter will expire on May 6, 

2010. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Joseph Hajdusiewicz, Office of 

Construction Service, Directorate of 

Construction, Occupational Safety and 

Health Administration, U.S. Department 

of Labor, Room N–3468, 200 

Constitution Avenue, NW., Washington, 

DC 20210; Telephone: (202) 693–2020 

or Facsimile: (202) 693–1689. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Committee will advise the 

Assistant Secretary of Labor for 

Occupational Safety and Health in the 

formulation of construction safety and 

health standards under the Contract 

Work Hours and Safety Standards Act 

(40 U.S.C. 3701 et seq.), commonly 

known as the Construction Safety Act 

(CSA), and the Occupational Safety and 

Health Act of 1970 (OSH Act) (29 U.S.C. 

651 et seq.). The ACCSH also provides 

advice on the administration of the 

safety and health provisions of the CSA 

(29 CFR 1912.5(c)). 

Under OSHA regulations (29 CFR 

1912.3), the ACCSH is composed of 15 

members appointed by the Assistant 

Secretary as follows: One member who 

is a designee of the Secretary of Health 

and Human Services; five members who 

are qualified by experience and 

affiliation to represent the viewpoint of 

employers involved in construction; five 

members, similarly qualified, to 

represent the viewpoint of the 

employees involved in construction, 

two members who are representatives of 

State safety and health agencies; and 

two members who are qualified by 

knowledge and experience to represent 

the general public and to make a useful 

contribution to the work of the 

Committee. One of the members is 

appointed to serve as the Committee 

chair. Members generally serve two-year 

staggered terms except for the designee 

of the Secretary of Health and Human 

Services who has no fixed term. 

Members may be appointed to serve 

successive terms or may be removed at 

any time and replaced. If otherwise 

qualified, a member may continue to 

serve after his or her term expires, until 

successors are appointed. 

The ACCSH charter is required to be 

renewed every two years. The current 

charter was to have expired on July 3, 

2008. In light of the Committee’s past 

contribution toward OSHA’s 

construction safety and health mission, 

OSHA has determined that renewal of 

the charter for another two years is 

necessary and in the public interest. In 

addition to the renewal, OSHA has 

amended the charter to address 

procedural matters in the following 

sections: the Objectives and Scope of 

Activity section was amended to 

include references to the Federal 

Advisory Committee Act to be 

consistent with the Department’s 

procedures; the Membership section 

was amended to more accurately reflect 

Committee members’ terms of service, 

the Estimated Annual Operating Costs 

in Dollars and Staff Years section was 

amended to reflect increases in the 

Committee’s annual budget ($152,000 to 

$180,000) to account for increased costs 

for travel, logistical and conference 

support for the Committee and its 

workgroup meetings; and the Meetings 

section was amended to reflect that the 

Committee is generally expected to meet 

between two and four times per year. 

II. Authority and Signature 

Edwin G. Foulke, Jr., Assistant 

Secretary of Labor for Occupational 

Safety and Health, directed the 

preparation of this notice. The authority 

for this notice is granted by section 7 of 

the Occupational Safety and Health Act 

of 1970 (29 U.S.C. 656), section 107 of 

the Contract Work Hours and Safety 

Standards Act (Construction Safety Act) 

(40 U.S.C. 3701 et seq.), 29 CFR 1911 

and 1912, and Secretary of Labor’s 

Order No. 5–2007 (72 FR 31159). 

Signed at Washington, DC on August 14th, 

2008. 

Edwin G. Foulke, Jr. 

Assistant Secretary of Labor for Occupational 

Safety and Health. 

[FR Doc. E8–19444 Filed 8–21–08; 8:45 am] 

BILLING CODE 4510–26–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 2006–5 CRB DD 2002–2004] 

Distribution of the 2002, 2003, and 

2004 Digital Audio Recording 

Technology Royalty Funds 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Notice announcing 

commencement of proceeding with 

request for Petitions to Participate. 

SUMMARY: The Copyright Royalty Judges 

are announcing the commencement of 

the proceeding to determine the 

distribution of the digital audio 

recording technology royalty fees in the 

2002, 2003, and 2004 Musical Works 

Funds. The Judges are also announcing 

the date by which a party who wishes 

to participate in this 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 

September 22, 2008. 

ADDRESSES: An original, five copies, and 

an electronic copy in Portable 

Document Format (PDF) on a CD of the 

Petition to Participate, along with the 

$150 filing fee, may be delivered to the 

Copyright Royalty Board by either mail 

or hand delivery. Petitions to Participate 

and the $150 filing fee may not be 

delivered by an overnight delivery 

service other than the U.S. Postal 

Service Express Mail. If by mail 

(including overnight delivery), Petitions 

to Participate, along with the $150 filing 

fee, must be addressed to: Copyright 

Royalty Board, P.O. 70977, Washington, 

DC 20024–0977. If hand delivered by a 

private party, Petitions to Participate, 

along with the $150 filing fee, must be 

brought to the Library of Congress, 

James Madison Memorial Building, LM–

401, 101 Independence Avenue, SE., 

Washington, DC 20559–6000. If 

delivered by a commercial courier, 

Petitions to Participate, along with the 

$150 filing fee, must be delivered to the 

Congressional Courier Acceptance Site, 

located at 2nd and D Street, NE., 

Washington, DC. The envelope must be 

addressed to: Copyright Royalty Board, 

Library of Congress, James Madison 

Memorial Building, LM–403, 101 

Independence Avenue, SE., 

Washington, DC 20559–6000. 

FOR FURTHER INFORMATION CONTACT: 

LaKeshia Brent, CRB Program 

Specialist. Telephone: (202) 707–7658. 

Telefax: (202) 252–3423 or e-mail at 

crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Audio Home Recording Act of 

1992 (the ‘‘AHRA’’), Public Law 102–

563, requires manufacturers and 

importers to pay royalties on digital 

audio recording devices and media that 

are distributed in the United States. 17 

U.S.C. 1003. These royalties are 

deposited with the Copyright Office for 

further distribution among interested 

copyright parties by the Copyright 

Royalty Judges (‘‘Judges’’), provided that 

the interested copyright parties file a 

claim with the Copyright Royalty Board 


jlentini on PROD1PC65 with NOTICES
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