Agency Federal Register Notice

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Notices

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receipt of a notice of intent to audit
2005 statements of account concerning
the eligible nonsubscription
transmissions of sound recordings made
by Microsoft Corporation (‘‘Microsoft’’)
under statutory licenses.
FOR FURTHER INFORMATION CONTACT:
Tanya M. Sandros, Acting General
Counsel, P.O. Box 70977, Southwest
Station, Washington, DC 20024–0977.
Telephone: (202) 707–8380. Telefax:
(202) 252–3423.
SUPPLEMENTARY INFORMATION: Section
106(6) of the Copyright Act, title 17 of
the United States Code, gives the
copyright owner of a sound recording
the right to perform a sound recording
publicly by means of a digital audio
transmission, subject to certain
limitations. Among these limitations are
certain exemptions and a statutory
license which allows for the public
performance of sound recordings as part
of ‘‘eligible nonsubscription
transmissions.’’1 17 U.S.C. 114. A music
service that operates under the section
114 statutory license may also make any
necessary ephemeral reproductions to
facilitate the digital transmission of the
sound recording under a second license
set forth in section 112(e) of the
Copyright Act. Use of these licenses
requires that services make payments of
royalty fees to and file reports of sound
recording performances with
SoundExchange. SoundExchange is a
collecting rights entity that was
designated by the Librarian of Congress
to collect statements of account and
royalty fee payments from services and
distribute the royalty fees to copyright
owners and performers entitled to
receive such royalties under sections
112(e) and 114(g) following a
proceeding before a Copyright
Arbitration Royalty Panel (‘‘CARP’’)—
the entity responsible for setting rates
and terms for use of the section 112 and
section 114 licenses prior to the passage
of the Copyright Royalty and
Distribution Reform Act of 2004
(‘‘CRDRA’’’), Pub. L. No. 108–419, 118
Stat. 2341 (2004). See 69 FR 5695
(February 6, 2004).
This Act, which the President signed
into law on November 30, 2004, and
which became effective on May 31,
2005, amends the Copyright Act, title 17
1An ‘‘eligible nonsubscription transmission’’ is a
noninteractive digital audio transmission which, as
the name implies, does not require a subscription
for receiving the transmission. The transmission
must also be made as a part of a service that
provides audio programming consisting in whole or
in part of performances of sound recordings the
primary purpose of which is to provide audio or
entertainment programming, but not to sell,
advertise, or promote particular goods or services.
See 17 U.S.C. 114(j)(6).

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of the United States Code, by phasing
out the CARP system and replacing it
with three permanent Copyright Royalty
Judges (‘‘CRJs’’). Consequently, the CRJs
carry out the functions heretofore
performed by the CARPs, including the
adjustment of rates and terms for certain
statutory licenses such as the section
114 and 112 licenses. However, section
6(b)(3) of the Act states in pertinent
part:
[t]he rates and terms in effect under
section 114(f)(2) or 112(e) . . . on
December 30, 2004, for new subscription
services [and] eligible nonsubscription
services . . . shall remain in effect until
the later of the first applicable effective
date for successor terms and rates . . . or
such later date as the parties may agree
or the Copyright Royalty Judges may
establish.

Successor rates and terms for the
licenses are scheduled to be published
in the Federal Register on Tuesday,
May 1, 2007. However, these successor
rates and terms carry an effective date
beginning on January 1, 2006.
Accordingly, the terms of the section
114 and 112 licenses as previously
constituted are still in effect for any
request to audit 2005 statements of
account.
One of the previously constituted
terms, set forth in § 262.6 of title 37 of
the Code of Federal Regulations, states
that SoundExchange, as the Designated
Agent, may conduct a single audit of a
Licensee for the purpose of verifying
their royalty payments. As a preliminary
matter, the Designated Agent is required
to submit a notice of its intent to audit
a Licensee with the Copyright Office
and serve this notice on the service to
be audited. 37 CFR 262.6(c).
On December 23, 2005,
SoundExchange filed with the
Copyright Office a notice of intent to
audit Microsoft for the years 2002, 2003,
and 2004. See 72 FR 624 (January 5,
2006). Subsequently, on March 29,
2007, SoundExchange filed a second
notice of intent to audit Microsoft,2
pursuant to § 262.6(c), notifying the
Copyright Office of its intent to expand
its current audit to cover 2005. This
notice of intent to audit was received by
the Copyright Office on April 2, 2007.
Section 262.6(c) requires the Copyright
Office to publish a notice in the Federal
Register within thirty days of receipt of
the filing announcing the Designated
Agent’s intent to conduct an audit.
In accordance with this regulation,
the Office is publishing today’s notice to
fulfill this requirement with respect to
2A copy of the new Notice of Intent to Audit
Microsoft is posted on the Copyright Office Web
site at http://www.copyright.gov/carp/microsoft–
notice2.pdf

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the notice of intent to audit filed by
SoundExchange on March 29, 2007.
Dated: April 30, 2007
Tanya M. Sandros,
Acting General Counsel.
[FR Doc. E7–8515 Filed 5–2–07; 8:45 am]
BILLING CODE 1410–30–S

NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Notice: (07–033)]

Notice of Information Collection
National Aeronautics and
Space Administration (NASA).
ACTION: Notice of information collection.
AGENCY:

SUMMARY: The National Aeronautics and
Space Administration, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on proposed and/or
continuing information collections, as
required by the Paperwork Reduction
Act of 1995 (Pub. L. 104–13, 44 U.S.C.
3506(c)(2)(A)).
DATES: All comments should be
submitted within 60 calendar days from
the date of this publication.
ADDRESSES: All comments should be
addressed to Mr. Walter Kit, National
Aeronautics and Space Administration,
Washington, DC 20546–0001.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument(s) and instructions should
be directed to Mr. Walter Kit, NASA
PRA Officer, NASA Headquarters, 300 E
Street, SW., JE0000, Washington, DC
20546, (202) 358–1350, [email protected].
SUPPLEMENTARY INFORMATION:

I. Abstract
The NASA Explorer Schools (NES)
seeks a clearance to collect data from
educators to determine eligibility and
selection of schools to participate in
their three year project. To lessen the
impact on educators who will complete
the project application, the application
period must be open during the times
when they are less likely to be needed
in the classroom (e.g., summer break)
and can obtain any required school
board approvals.
II. Method of Collection
NASA will utilize a Web-base on-line
form to collect this information.

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Federal Register / Vol. 72, No. 85 / Thursday, May 3, 2007 / Notices
III. Data
Title: NASA Explorer Schools Project
Application.
OMB Number: 2700–XXXX.
Type of review: Emergency Request
for Clearance by June 15, 2007.
Affected Public: Individuals or
households.
Estimated Number of Respondents:
130.
Estimated Time per Response: 1 hour.
Estimated Total Annual Burden
Hours: 130.
Estimated Total Annual Cost: $0.
IV. Request for Comments
Comments are invited on: (1) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of NASA, including
whether the information collected has
practical utility; (2) the accuracy of
NASA’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (3)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (4) ways to minimize the
burden of the collection of information
on respondents, including automated
collection techniques or the use of other
forms of information technology.
Comments submitted in response to
this notice will be summarized and
included in the request for OMB
approval of this information collection.
They will also become a matter of
public record.
Gary Cox,
Acting Deputy Chief Information Officer.
[FR Doc. E7–8387 Filed 5–2–07; 8:45 am]
BILLING CODE 7510–13–P

NATIONAL SCIENCE FOUNDATION
National Science Board—Committee
on Nominating for NSB Elections

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Sunshine Act Meetings; Notice
The National Science Board’s
Committee on Nominating for NSB
Elections, pursuant to NSF regulations
(45 CFR part 614), the National Science
Foundation Act, as amended (42 U.S.C.
1862n–5), and the Government in the
Sunshine Act (5 U.S.C. 552b), hereby
gives notice in regard to the scheduling
of meetings for the transaction of
National Science Board business and
other matters specified, as follows:
DATE AND TIME: Friday, May 4, 2007 at
10:30.
SUBJECT MATTER: Discussion of
candidates for the National Science
Board Executive Committee.
STATUS: Closed.

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This meeting will be held by
teleconference originating at the
National Science Board Office, National
Science Foundation, 4201 Wilson Blvd.,
Arlington, VA 22230. Please refer to the
National Science Board Web site
(http://www.nsf.gov/nsb) for
information or schedule updates, or
contact: Ann Ferrante, National Science
Board Office, 4201 Wilson Blvd.,
Arlington, VA 22230. Telephone: (703)
292–7000.
Russell Moy,
Attorney-Advisor.
[FR Doc. E7–8418 Filed 5–2–07; 8:45 am]
BILLING CODE 7555–01–P

NUCLEAR REGULATORY
COMMISSION
Agency Information Collection
Activities: Submission for the Office of
Management and Budget (OMB)
Review; Comment Request
U. S. Nuclear Regulatory
Commission (NRC).
ACTION: Notice of the OMB review of
information collection and solicitation
of public comment.
AGENCY:

SUMMARY: The NRC has recently
submitted to OMB for review the
following proposal for the collection of
information under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. Chapter 35). The NRC hereby
informs potential respondents that an
agency may not conduct or sponsor, and
that a person is not required to respond
to, a collection of information unless it
displays a currently valid OMB control
number.
1. Type of submission, new, revision,
or extension: Revision.
2. The title of the information
collection: ‘‘NRC Forms 366, 366A,
366B, ‘Licensee Event Report’’.
3. The form number if applicable:
NRC Forms 366, 366A, 366B.
4. How often the collection is
required: On occasion, as defined
reactor events are reportable as they
occur.
5. Who will be required or asked to
report: Holders of operating licenses for
commercial nuclear power plants.
6. An estimate of the number of
annual responses: 400.
7. The estimated number of annual
respondents: 104.
8. An estimate of the total number of
hours needed annually to complete the
requirement or request: 32,000 (25,600
reporting + 6,400 record keeping). This
is estimated to be 80 hours for each of
400 reports annually.

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9. An indication of whether Section
3507(d), Public Law 104–13 applies: Not
applicable.
10. Abstract: With NRC Forms 366,
366A, and 366B, the NRC collects
reports of the types of reactor events and
problems that are believed to be
significant and useful to the NRC in its
efforts to identify and resolve possible
threats to the public safety. These forms
are designed to provide the information
necessary for engineering studies of
operational anomalies and trends and
patterns analysis of abnormal
occurrences. The same information is
used for other analytic procedures that
aid in identifying accident precursors.
A copy of the final supporting
statement may be viewed free of charge
at the NRC Public Document Room, One
White Flint North, 11555 Rockville
Pike, Room O–1 F21, Rockville, MD
20852. OMB clearance requests are
available at the NRC worldwide Web
site: http://www.nrc.gov/public-involve/
doc-comment/omb/index.html. The
document will be available on the NRC
home page site for 60 days after the
signature date of this notice.
Comments and questions should be
directed to the OMB reviewer listed
below by June 4, 2007. Comments
received after this date will be
considered if it is practical to do so, but
assurance of consideration cannot be
given to comments received after this
date.
Margaret A. Malanoski, Desk Officer,
Office of Information and Regulatory
Affairs (3150–0104), NEOB–10202,
Office of Management and Budget,
Washington, DC 20503.
Comments can also be e-mailed to
[email protected]
or submitted by telephone at (202) 395–
3122.
The NRC Clearance Officer is
Margaret A. Janney, 301–415–7245.
Dated at Rockville, Maryland, this 27th day
of April, 2007.
For the Nuclear Regulatory Commission.
Margaret A. Janney,
NRC Clearance Officer, Office of Information
Services.
[FR Doc. E7–8436 Filed 5–2–07; 8:45 am]
BILLING CODE 7590–01–P

NUCLEAR REGULATORY
COMMISSION
Agency Information Collection
Activities: Proposed Collection:
Comment Request
U.S. Nuclear Regulatory
Commission (NRC)
ACTION: Notice of pending NRC action to
submit an information collection
AGENCY:

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