Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 34795 

the device to the highest possible escape 

point. 

(b) Operating instructions. The 

employers must ensure that written 

instructions for operating the 

emergency-escape device are attached to 

the device. 

(c) Training. The employers must 

instruct each worker who uses a 

personnel cage for transportation on 

how to operate the emergency-escape 

device: 

(i) Before the worker uses a personnel 

cage for transportation; and 

(ii) Periodically, and as necessary, 

thereafter. 

14. Personnel Platforms 

(a) Personnel platforms. When the 

employers elect to replace the personnel 

cage with a personnel platform in 

accordance with Condition 2(a) of this 

variance, they must: 

(i) Ensure that an enclosure surrounds 

the platform, and that this enclosure is 

at least 42 inches (106.7 cm) above the 

platform’s floor; 

(ii) Provide overhead protection when 

an overhead hazard is, or could be, 

present; and 

(iii) Comply with the applicable 

scaffolding strength requirements 

specified by 29 CFR 1926.451(a)(1). 

15. Protecting Workers From Fall and 

Shearing Hazards 

(a) Fall hazards. The employers must: 

(i) Before workers use personnel 

cages, personnel platforms, or 

boatswain’s chairs, equip the workers 

with, and ensure that they use, personal 

fall-arrest systems that meet the 

requirements of 29 CFR 1926.502(d); 

(ii) Ensure that workers using 

personnel cages secure their fall-arrest 

systems to attachment points located 

inside the cage; 

(iii) Ensure that workers using 

personnel platforms and boatswain’s 

chairs secure their personal fall-arrest 

systems to a vertical lifeline; and 

(iv) When using vertical lifelines: 

(A) Secure the lifelines to the top of 

the chimney; 

(B) Weight the lifelines properly or 

suitably affix the lifelines to the bottom 

of the chimney; and 

(C) Ensure that workers remain 

attached to their lifeline during the 

entire period of vertical transit. 

(b) Shearing hazards. The employers 

must: 

(i) Provide workers who use 

personnel platforms or boatswain’s 

chairs with instruction on the shearing 

hazards posed by the hoist system (e.g., 

work platforms, scaffolds), and the need 

to keep their limbs or other body parts 

clear of these hazards during hoisting 

operations; 

(ii) Provide the instruction on 

shearing and struck-by hazards: 

(A) Before a worker uses a personnel 

platform or boatswain’s chair at the 

worksite; and 

(B) Periodically, and as necessary, 

thereafter, including whenever a worker 

demonstrates a lack of knowledge about 

the hazards or how to avoid the hazards, 

a modification occurs to an existing 

shearing or struck-by hazard, or a new 

shearing or struck-by hazard develops at 

the worksite; and 

(iii) Attach a readily visible warning 

to each personnel platform and 

boatswain’s chair notifying workers in a 

language they understand of potential 

shearing hazards they may encounter 

during hoisting operations, and that 

uses the following (or equivalent) 

wording: 

(A) For personnel platforms: 

‘‘Warning—To avoid serious injury, 

keep your hands, arms, feet, legs, and 

other parts of your body inside this 

platform while it is in motion’’; and 

(B) For boatswain’s chairs: 

‘‘Warning—To avoid serious injury, do 

not extend your hands, arms, feet, legs, 

or other parts of your body from the side 

or to the front of this chair while it is 

in motion.’’ 

16. Safety Zone 

The employers must: 

(a) Establish a clearly designated 

safety zone around the bottom landing 

of the hoist system; and 

(b) Prohibit any worker from entering 

the safety zone except to access a 

personnel- or material-transport device, 

and then only when the device is at the 

bottom landing and not in operation 

(i.e., when the drive components of the 

hoist machine are disengaged and the 

braking mechanism is properly applied). 

17. Inspections, Tests and Accident 

Prevention 

(a) The employers must: 

(i) Conduct inspections of the hoist 

system as required by 29 CFR 

1926.20(b)(2); 

(ii) Ensure that a competent person 

conducts daily visual inspections of the 

hoist system; and 

(iii) Inspect and test the hoist system 

as specified by 29 CFR 1926.552(c)(15). 

(b) The employers must comply with 

the accident-prevention requirements of 

29 CFR 1926.20(b)(3). 

18. Welding 

(a) The employers must use only 

qualified welders to weld components 

of the hoisting system. 

(b) The employers must ensure that 

the qualified welders: 

(i) Are familiar with the weld grades, 

types, and materials specified in the 

design of the system; and 

(ii) Perform the welding tasks in 

accordance with 29 CFR 1926, subpart 

J (‘‘Welding and Cutting’’). 

19. OSHA Notification 

(a) At least 15 calendar days prior to 

commencing any chimney-construction 

operation using the conditions specified 

herein, the employers must notify the 

OSHA Area Office nearest to the 

worksite of the operation, including the 

location of the operation and the date 

that the operation will commence. 

(b) Each employer must inform OSHA 

national headquarters as soon as it has 

knowledge that it will: 

(i) Cease to do business; or 

(ii) Transfer the activities covered by 

this permanent variance to a successor 

company. 

VII. Authority and Signature 

Jordan Barab, Acting Assistant 

Secretary of Labor for Occupational 

Safety and Health, U.S. Department of 

Labor, 200 Constitution Ave., NW., 

Washington, DC directed the 

preparation of this notice. OSHA is 

issuing this notice under the authority 

specified by Section 6(d) of the 

Occupational Safety and Health Act of 

1970 (29 U.S.C. 655), Secretary of 

Labor’s Order No. 5–2007 (72 FR 

31160), and 29 CFR part 1905. 

Signed at Washington, DC, on July 14, 

2009. 

Jordan Barab, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–17023 Filed 7–16–09; 8:45 am] 

BILLING CODE 4510–26–P 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

Maritime Advisory Committee for 

Occupational Safety and Health 

(MACOSH) 

AGENCY: Occupational Safety and Health 

Administration (OSHA), Labor. 

ACTION: MACOSH meeting, notice of. 

SUMMARY: The Maritime Advisory 

Committee for Occupational Safety and 

Health (MACOSH) was established 

under Section 7 of the Occupational 

Safety and Health (OSH) Act of 1970 to 

advise the Assistant Secretary of Labor 

for Occupational Safety and Health on 

issues relating to occupational safety 

and health in the maritime industries. 

The purpose of this Federal Register 

mstockstill on DSKH9S0YB1PROD with NOTICES

34796 Federal Register / Vol. 74, No. 136 / Friday, July 17, 2009 / Notices 

notice is to announce the Committee 

and workgroup meetings scheduled for 

September 1–2, 2009. 

DATES: The Shipyard and Longshore 

workgroups will meet on Tuesday, 

September 1, 2009, 8 a.m. to 4:30 p.m., 

and the Committee will meet on 

Wednesday, September 2, 2009, from 8 

a.m. to 4:30 p.m. 

ADDRESSES: The Committee and 

workgroups will meet at the Newport 

News Marriott Hotel, 740 Town Center 

Drive, Newport News, VA 23606 ((757) 

873–9299). Mail comments, views, or 

statements in response to this notice to 

Danielle Watson, Office of Maritime, 

OSHA, U.S. Department of Labor, Room 

N–3609, 200 Constitution Avenue, NW., 

Washington, DC 20210; phone (202) 

693–1870; fax (202) 693–1663. 

FOR FURTHER INFORMATION CONTACT: For 

general information about MACOSH 

and this meeting, contact: Amy 

Wangdahl, Acting Director, Office of 

Maritime, OSHA, U.S. Department of 

Labor, Room N–3609, 200 Constitution 

Avenue, NW., Washington, DC 20210; 

phone: (202) 693–2066. Individuals 

with disabilities wishing to attend the 

meeting should contact Danielle Watson 

at (202) 693–1870 no later than August 

18, 2009, to obtain appropriate 

accommodations. 

SUPPLEMENTARY INFORMATION: All 

MACOSH meetings are open to the 

public. All interested persons are 

invited to attend the MACOSH meeting 

at the time and location listed above. 

The MACOSH agenda will include: An 

OSHA activities update; a review of the 

minutes from the previous meeting; and 

reports from each workgroup. MACOSH 

may also discuss the following topics 

based on the workgroup reports: Surface 

preparation (29 CFR 1915 subpart C, 

Painting and Coatings); Safety and 

Health Injury Prevention Sheets (SHIPS) 

rigging guidance document; arc flash 

guidance; commercial fishing industry 

quick cards; injury and fatality data 

initiative; activities related to shipyard 

employment; scaffolding and falls (29 

CFR 1915 subpart E); welding guidance; 

break bulk cargo safety guidance; safety 

zone guidance; speed limits in marine 

terminals; and defective containers. 

Public Participation: Written data, 

views, or comments for consideration by 

MACOSH on the various agenda items 

listed above should be submitted to 

Danielle Watson at the address listed 

above. Submissions received by August 

18, 2009, will be provided to Committee 

members and will be included in the 

record of the meeting. Requests to make 

oral presentations to the Committee may 

be granted as time permits. 

Authority: This notice was prepared under 

the direction of Jordan Barab, Acting 

Assistant Secretary of Labor for Occupational 

Safety and Health, U.S. Department of Labor, 

200 Constitution Avenue, NW., Washington, 

DC 20210, pursuant to Sections 6(b)(1) and 

7(b) of the Occupational Safety and Health 

Act of 1970 (29 U.S.C. 655, 656), the Federal 

Advisory Committee Act (5 U.S.C. App. 2), 

Secretary of Labor’s Order 5–2007 (72 FR 

31160), and 29 CFR part 1912. 

Signed at Washington, DC, this 14th day of 

July, 2009. 

Jordan Barab, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–17022 Filed 7–16–09; 8:45 am] 

BILLING CODE 4510–26–P 

LIBRARY OF CONGRESS 

Copyright Office 

Notification of Agreements Under the 

Webcaster Settlement Act of 2009 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of agreement. 

SUMMARY: The Copyright Office is 

publishing an agreement which sets 

rates and terms for the reproduction and 

performance of sound recordings made 

by certain specified webcasters, under 

two statutory licenses. Webcasters who 

meet the eligibility requirements may 

choose to operate under the statutory 

licenses in accordance with the rates 

and terms set forth in the agreement 

published herein rather than the rates 

and terms of any determination by the 

Copyright Royalty Judges. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Ruwe, Attorney Advisor, or 

Tanya M. Sandros, Deputy General 

Counsel, Copyright Office, GC/I&R, P.O. 

Box 70400, Washington, DC 20024. 

Telephone: (202) 707–8380. Telefax: 

(202) 707–8366. See the final paragraph 

of the SUPPLEMENTARY 

INFORMATION for information on 

where to direct questions regarding the 

rates and terms set forth in the 

agreement. 

SUPPLEMENTARY INFORMATION: On June 

30, 2009, President Obama signed into 

law the Webcaster Settlement Act of 

2009 (‘‘WSA’’), Pub. L. No. 111–36, 

which amends section 114 of the 

Copyright Act, title 17 of the United 

States Code, as it relates to webcasters. 

Section 114(f)(5) as amended by the 

WSA allows SoundExchange, the 

Receiving Agent designated by the 

Librarian of Congress in his June 20, 

2002, order for collecting royalty 

payments made by eligible 

nonsubscription transmission services 

under the section 112 and section 114 

statutory licenses, see 67 FR 45239 (July 

8, 2002), to enter into agreements on 

behalf of all copyright owners and 

performers to set rates, terms and 

conditions for webcasters operating 

under the section 112 and section 114 

statutory licenses for a period of not 

more than 11 years beginning on 

January 1, 2005. The authority to enter 

into such settlement agreements shall 

expire at 11:59 p.m. Eastern time on the 

30th day after the enactment of the 

WSA. 

Unless otherwise agreed to by the 

parties, the rates and terms set forth in 

the agreement apply only to the time 

periods specified in the agreement and 

have no precedential value in any 

proceeding concerned with the setting 

of rates and terms for the public 

performance or reproduction in 

ephemeral phonorecords. To make this 

point clear, Congress included language 

expressly addressing the precedential 

value of agreements made under the 

WSA. Specifically, section 114(f)(5)(C), 

states that: ‘‘Neither subparagraph (A) 

nor any provisions of any agreement 

entered into pursuant to subparagraph 

(A), including any rate structure, fees, 

terms, conditions, or notice and 

recordkeeping requirements set forth 

therein, shall be admissible as evidence 

or otherwise taken into account in any 

administrative, judicial, or other 

government proceeding involving the 

setting or adjustment of the royalties 

payable for the public performance or 

reproduction in ephemeral recordings or 

copies of sound recordings, the 

determination of terms or conditions 

related thereto, or the establishment of 

notice and recordkeeping requirements 

by the Copyright Royalty Judges under 

paragraph (4) or section 112(e)(4). It is 

the intent of Congress that any royalty 

rates, rate structure, definitions, terms, 

conditions, or notice and recordkeeping 

requirements, included in such 

agreements shall be considered as a 

compromise motivated by the unique 

business, economic and political 

circumstances of webcasters, copyright 

owners, and performers rather than as 

matters that would have been negotiated 

in the marketplace between a willing 

buyer and a willing seller, or otherwise 

meet the objectives set forth in section 

801(b). This subparagraph shall not 

apply to the extent that the receiving 

agent and a webcaster that are party to 

an agreement entered into pursuant to 

subparagraph (A) expressly authorize 

the submission of the agreement in a 

proceeding under this subsection.’’ 17 

U.S.C. 114(f)(5)(C) (2009). 

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