Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 41663 

1One of the settling claimants, The Harry Fox 

Agency LLC, was formerly The Harry Fox Agency, 

Inc. 

Information and Regulatory Affairs at 

the address shown in the ADDRESSES

section within thirty (30) days of 

publication of this notice in the Federal 

Register. In order to help ensure 

appropriate consideration, comments 

should mention OMB Control Number 

1240–0009. The OMB is particularly 

interested in comments that: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the agency, including 

whether the information will have 

practical utility; 

• Evaluate the accuracy of the 

agency’s estimate of the burden of the 

proposed collection of information, 

including the validity of the 

methodology and assumptions used; 

• Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

• Minimize the burden of the 

collection of information on those who 

are to respond, including through the 

use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology, 

e.g., permitting electronic submission of 

responses. 

Agency: DOL–OWCP. 

Title of Collection: Notice of 

Recurrence. 

OMB Control Number: 1240–0009. 

Affected Public: Individuals or 

Households. 

Total Estimated Number of 

Respondents: 289. 

Total Estimated Number of 

Responses: 289. 

Total Estimated Annual Time Burden: 

145 hours. 

Total Estimated Annual Other Costs 

Burden: $150. 

Authority: 44 U.S.C. 3507(a)(1)(D). 

Dated: August 27, 2017. 

Michel Smyth, 

Departmental Clearance Officer. 

[FR Doc. 2017–18481 Filed 8–31–17; 8:45 am] 

BILLING CODE 4510–CH–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

[Docket No. 2013–6 CRB DD 2009–2011 

(MWF)] 

Distribution of the 2009, 2010, and 

2011 Digital Audio Recording 

Technology Royalty Funds for the 

Musical Works Funds 

AGENCY: Copyright Royalty Board (CRB), 

Library of Congress. 

ACTION: Notice announcing 

commencement of proceeding with 

request for Petitions to Participate. 

SUMMARY: The Copyright Royalty Judges 

announce the commencement of a 

proceeding to determine the distribution 

of the digital audio recording 

technology royalty fees in the 2009, 

2010, and 2011 Musical Works Funds. 

The Judges also announce the date by 

which a party who wishes to participate 

in this proceeding must file its Petition 

to Participate and the accompanying 

filing fee, if applicable. 

DATES: Petitions to Participate and the 

filing fee, if applicable, are due no later 

than October 2, 2017. 

ADDRESSES: Interested claimants must 

submit petitions to participate and the 

filing fee, if applicable, identified by 

docket number 2013–6 CRB DD 2009– 

2011 (MWF), by any of the following 

methods: 

CRB’s electronic filing application: 

Submit comments online in eCRB at 

https://app.crb.gov/. 

U.S. mail: Copyright Royalty Board, 

P.O. Box 70977, Washington, DC 20024– 

0977; or 

Overnight service (only USPS Express 

Mail is acceptable): Copyright Royalty 

Board, P.O. Box 70977, Washington, DC 

20024–0977; or 

Commercial courier: Address package 

to: Copyright Royalty Board, Library of 

Congress, James Madison Memorial 

Building, LM–403, 101 Independence 

Avenue SE., Washington, DC 20559– 

6000. Deliver to: Congressional Courier 

Acceptance Site, 2nd Street NE. and D 

Street NE., Washington, DC; or 

Hand delivery: Library of Congress, 

James Madison Memorial Building, LM– 

401, 101 Independence Avenue SE., 

Washington, DC 20559–6000. 

Instructions: Unless submitting 

online, claimants must submit an 

original, five paper copies, and an 

electronic version on a CD. All 

submissions received must include the 

board name and docket number. All 

submissions received will be posted 

without change to eCRB on https://

www.crb.gov including any personal 

information provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to eCRB, the 

Copyright Royalty Board’s electronic 

filing and case management system, at 

https://app.crb.gov/ and search for 

docket number 2013–6 CRB DD 2009– 

2011 (MWF). For documents not yet 

uploaded to eCRB (because it is a new 

system), go to the agency Web site at 

https://www.crb.gov/ or contact the CRB 

Program Specialist. 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, 

by phone at (202) 707–7658 or by email 

at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Audio Home Recording Act of 

1992 (‘‘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 

to eligible claimants. 17 U.S.C. 1005, 

1007. Royalties are divided into two 

funds: The Sound Recordings Fund 

(662⁄3%) and the Musical Works Fund 

(331⁄3%). These fees in turn are allocated 

to specific subfunds. 17 U.S.C. 1006(b). 

The Musical Works Fund, which is the 

subject of this notice, is divided equally 

between the Music 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 negotiate the terms of a settlement 

as to the division of royalty funds. If, 

after any such agreements, funds remain 

in dispute, the Copyright Royalty Judges 

may conduct a proceeding to determine 

the distribution of the royalties that 

remain in controversy in each subfund. 

17 U.S.C. 1006(c) & 1007(c). 

On February 4, 2014, the Judges 

issued an order granting certain 

claimants’ (i.e., Broadcast Music, Inc., 

the American Society of Composers, 

Authors and Publishers, SESAC, Inc., 

and the Harry Fox Agency, Inc.) request 

for 95% of the Digital Audio Recording 

Technology (‘‘DART’’) Musical Works 

Funds royalties for 2009 through 2011. 

Order Granting Claimants’ Request for 

Partial Distribution of 2009 through 

2011 DART Musical Works Funds 

Royalties, Docket No. 2013–6 CRB DD 

2009–2011 (MWF). 

On March 16, 2017, the settling 

claimants 1 filed a motion requesting 

that the Judges commence a proceeding 

to determine the distribution of the 

funds for 2009, 2010, and 2011. The 

settling claimants request that the 

Judges publish a notice in the Federal 

Register to (1) announce 

commencement of a proceeding, (2) 

request comments on the existence of 

controversies and petitions to 

participate, and (3) apprise parties of 

filing fee requirements and small claims 

procedures pursuant to 17 U.S.C. 


sradovich on DSK3GMQ082PROD with NOTICES
41664 Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices 

803(b)(1) and 1007(c). Motion at 1–2. 

The settling parties have not 

represented that they have reached an 

agreement with non-settling claimants. 

Therefore, the Judges conclude that a 

controversy exists with respect to DART 

Musical Works Funds for royalty years 

2009, 2010, and 2011. 

By this notice, the Judges grant the 

settling claimants’ Motion and 

announce the commencement of a 

proceeding to determine the proper 

distribution of DART Musical Works 

Funds (both the Musical Publishers 

Subfund and the Writers Subfund) for 

royalty years 2009, 2010, and 2011. The 

Judges granted the settling claimants’ 

request for partial distribution pursuant 

to Section 801(b)(3)(C) of the Copyright 

Act, which authorizes the Judges to 

order partial distributions 

notwithstanding the existence of 

ongoing controversies. Consequently, all 

DART Musical Works funds for royalty 

years 2009, 2010, and 2011 remain in 

dispute, notwithstanding the 95% 

distribution to the settling claimants. 

All settling claimants agreed, at the time 

of the partial distribution, to repay any 

potential overpayment. 

Commencement of Proceeding 

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

the Judges determine that, for the 

reasons stated above, a controversy 

exists with respect to the distribution of 

the 2009, 2010, and 2011 DART Musical 

Works Funds royalties for the Music 

Publishers Subfund and the Writers 

Subfund. 

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 (i.e., Music Publishers 

or Writers, or both). Petitions to 

Participate submitted by interested 

parties whose claims do not exceed 

$1,000 must contain a statement that the 

party will not seek a distribution of 

more than $1,000. 37 CFR 351.1(b)(4). 

No filing fee is required for such parties. 

Interested parties with claims exceeding 

$1,000, however, must submit a filing 

fee of $150 with their respective 

Petitions to Participate, or the petition 

will be rejected. CASH WILL NOT BE 

ACCEPTED. Parties filing online 

through eCRB must pay by credit card. 

All other parties must pay the filing fee 

with a check or money order made 

payable to the ‘‘Copyright Royalty 

Board’’ and mailed or delivered with a 

paper claim form, as described in the 

ADDRESSES section above. If a check is 

returned for lack of sufficient funds, the 

corresponding Petition to Participate 

will be dismissed. 

Any participant that is an individual 

may represent herself or himself. All 

other participants must be represented 

by counsel. In accordance with 37 CFR 

350.2 (Representation), only attorneys 

who are members of the bar in one or 

more states or the District of Columbia 

and in good standing will be allowed to 

represent parties before the Copyright 

Royalty Judges. The Judges will address 

further procedural matters, including 

scheduling, after Petitions to Participate 

have been filed. 

Intention To Conduct a Paper 

Proceeding 

In accordance with Section 

803(b)(5)(B) of the Copyright Act, the 

Judges find it appropriate to conduct a 

paper proceeding in this matter in light 

of the relatively modest amount of 

royalties in dispute and the anticipated 

small number of non-settling claimants. 

In such proceedings, the Judges 

determine issues solely on the basis of 

the filing of a written direct statement 

by each participant, a response of an 

opposing participant, and one 

additional response from the 

participant. 17 U.S.C. 803(b)(5). Any 

party wishing to comment on the 

Judges’ intention to conduct a paper 

proceeding should include such 

comments in its Petition to Participate. 

Dated: August 29, 2017. 

Jesse M. Feder, 

U.S. Copyright Royalty Judge. 

[FR Doc. 2017–18569 Filed 8–31–17; 8:45 am] 

BILLING CODE P 

MILLENNIUM CHALLENGE 

CORPORATION 

[MCC FR 17–04] 

Report on Countries That Are 

Candidates for Millennium Challenge 

Account Eligibility in Fiscal Year 2018 

and Countries That Would Be 

Candidates but for Legal Prohibitions 

AGENCY: Millennium Challenge 

Corporation. 

ACTION: Notice. 

SUMMARY: Section 608(a) of the 

Millennium Challenge Act of 2003 

requires the Millennium Challenge 

Corporation to publish a report that 

identifies countries that are ‘‘candidate 

countries’’ for Millennium Challenge 

Account assistance during FY 2018. The 

report is set forth in full below. 

Dated: August 28, 2017. 

Jeanne M. Hauch, 

VP/General Counsel and Corporate Secretary, 

Millennium Challenge Corporation. 

Report on Countries That Are 

Candidates for Millennium Challenge 

Compact Eligibility for Fiscal Year 2018 

and Countries That Would Be 

Candidates but for Legal Prohibitions 

Summary 

This report to Congress is provided in 

accordance with section 608(a) of the 

Millennium Challenge Act of 2003, as 

amended, 22 U.S.C. 7701, 7707(a) (the 

Act). 

The Act authorizes the provision of 

assistance for global development 

through the Millennium Challenge 

Corporation (MCC) for countries that 

enter into a Millennium Challenge 

Compact with the United States to 

support policies and programs that 

advance the progress of such countries 

to achieve lasting economic growth and 

poverty reduction. The Act requires 

MCC to take a number of steps in 

selecting countries with which MCC 

will seek to enter into a compact, 

including determining the countries that 

will be eligible countries for fiscal year 

(FY) 2018 based on (a) a country’s 

demonstrated commitment to (i) just 

and democratic governance, (ii) 

economic freedom, and (iii) investments 

in its people; and (b) the opportunity to 

reduce poverty and generate economic 

growth in the country, and (c) the 

availability of funds to MCC. These 

steps include the submission of reports 

to the congressional committees 

specified in the Act and the publication 

of notices in the Federal Register that 

identify: 

The countries that are ‘‘candidate 

countries’’ for FY 2018 based on their 

per capita income levels and their 

eligibility to receive assistance under 

U.S. law and countries that would be 

candidate countries but for specified 

legal prohibitions on assistance (section 

608(a) of the Act); 

The criteria and methodology that the 

MCC Board of Directors (Board) will use 

to measure and evaluate the relative 

policy performance of the ‘‘candidate 

countries’’ consistent with the 

requirements of subsections (a) and (b) 

of section 607 of the Act in order to 

determine ‘‘eligible countries’’ from 

among the ‘‘candidate countries’’ 

(section 608(b) of the Act); and 

The list of countries determined by 

the Board to be ‘‘eligible countries’’ for 

FY 2018, identification of such 

countries with which the Board will 

seek to enter into compacts, and a 

justification for such eligibility 


sradovich on DSK3GMQ082PROD with NOTICES