Federal Register Notice 60-day

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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Notices

Signed at Washington, DC, this 3rd day of
April, 2013.
Del Min Amy Chen,
Certifying Officer, Office of Trade Adjustment
Assistance.
[FR Doc. 2013–08927 Filed 4–16–13; 8:45 am]
BILLING CODE 4510–FN–P

DEPARTMENT OF LABOR
Wage and Hour Division
RIN 1235–0021

Proposed Extension of the
Employment Information Form
Information Collection
Wage and Hour Division,
Department of Labor.
ACTION: Notice.
AGENCY:

The Department of Labor, as
part of its continuing effort to reduce
paperwork and respondent burden,
conducts a preclearance consultation
program to provide the general public
and Federal agencies with an
opportunity to comment on proposed
and/or continuing collections of
information in accordance with the
Paperwork Reduction Act of 1995
(PRA95). 44 U.S.C. 3056(c)(2)(A). This
program helps to ensure that requested
data can be provided in the desired
format, reporting burden (time and
financial resources) is minimized,
collection instruments are clearly
understood, and the impact of collection
requirements on respondents can be
properly assessed. Currently, the Wage
and Hour Division is soliciting
comments concerning its proposal to
extend Office of Management and
Budget (OMB) approval of the
Information Collection: Employment
Information Form. A copy of the
proposed information request can be
obtained by contacting the office listed
below in the FOR FURTHER INFORMATION
CONTACT section of this Notice.
DATES: Written comments must be
submitted to the office listed in the
ADDRESSES section below on or before
June 17, 2013.
ADDRESSES: You may submit comments
identified by Control Number 1235–
0021, by either one of the following
methods: Email:
[email protected]; Mail,
Hand Delivery, Courier: Division of
Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room S–3502, 200
Constitution Avenue NW., Washington,
DC 20210. Instructions: Please submit
one copy of your comments by only one
method. All submissions received must
include the agency name and Control

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Number identified above for this
information collection. Because we
continue to experience delays in
receiving mail in the Washington, DC
area, commenters are strongly
encouraged to transmit their comments
electronically via email or to submit
them by mail early. Comments,
including any personal information
provided, become a matter of public
record. They will also be summarized
and/or included in the request for OMB
approval of the information collection
request.
FOR FURTHER INFORMATION CONTACT:
Mary Ziegler, Director, Division of
Regulations, Legislation, and
Interpretation, Wage and Hour, U.S.
Department of Labor, Room S–3502, 200
Constitution Avenue NW., Washington,
DC 20210; telephone: (202) 693–0406
(this is not a toll-free number). Copies
of this notice may be obtained in
alternative formats (Large Print, Braille,
Audio Tape, or Disc), upon request, by
calling (202) 693–0023 (not a toll-free
number). TTY/TTD callers may dial tollfree (877) 889–5627 to obtain
information or request materials in
alternative formats.
SUPPLEMENTARY INFORMATION:
I. Background: The Wage and Hour
Division of the Department of Labor
administers the Fair Labor Standards
Act (FLSA), 29 U.S.C. 201, et seq.,
which sets the Federal minimum wage,
overtime pay, recordkeeping, and youth
employment standards of most general
application. See 29 U.S.C. 206; 207; 211;
212. FLSA requirements apply to
employers of employees engaged in
interstate commerce or in the
production of goods for interstate
commerce and of employees in certain
enterprises, including employees of a
public agency; however, the FLSA
contains exemptions that apply to
employees in certain types of
employment. See 29 U.S.C. 213, et al.
FLSA section 11(a) provides that the
Secretary of Labor may investigate and
gather data regarding the wages, hours,
or other conditions and practices of
employment in any industry subject to
the FLSA, and may enter and inspect
such places and such records (and make
such transcriptions thereof), question
such employees, and investigate such
facts, conditions, practices, or matters
deemed necessary or appropriate to
determine whether any person has
violated any provision of the FLSA. 29
U.S.C. 211(a).
Other Federal laws the WHD
administers provide similar authority.
These Acts include the: Walsh-Healey
Public Contracts Act (41 U.S.C. 38);
McNamara-O’Hara Service Contract Act

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(41 U.S.C. 353(a)); Davis-Bacon Act (40
U.S.C. 3141 et seq., pursuant to
Reorganization Plan No. 14 of 1950, and
Related Acts); Consumer Credit
Protection Act (15 U.S.C. 1676); Migrant
and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1862(a));
Employee Polygraph Protection Act (29
U.S.C. 2004(a)(3)); Family and Medical
Leave Act (29 U.S.C. 2616(a));
Immigration and Nationality Act H–2A
program (8 U.S.C. 1188(g)); the
Immigration and Nationality Act H–2B
program (8 U.S.C. 1184(c)(14(B) and the
Immigration and Nationality Act H–1C
program (8 U.S.C. 1182(m)(2)(E)(ii)).
The regulatory provisions authorizing
the filing of complaints under these
laws and how the agency acts upon the
concerns can be found at 29 CFR 4.191,
5.6, 500.1(e), 501.1(c), 501.5, 801.7(a)(3),
825.401; 41 CFR 50–201.1202; and 20
CFR 655.1200(b).
WHD staff use Form WH–3 as a guide
for obtaining optional information from
complainants (e.g., current and former
employees, unions, and competitor
employers) about alleged employer
violations of the labor standards
provisions of the above-cited Acts.
Complainants generally provide the
optional information requested on the
form to WHD staff over the telephone or
in-person. Where the information
provided does not support a potential
WHD enforcement action, complainants
are advised and referred to the
appropriate agency for further
assistance. When the WHD schedules a
complaint-based investigation, the
agency makes the completed Form WH–
3 part of the investigation case file. The
form is printed in both English and
Spanish.
The Wage and Hour Division (WHD)
uses this information to determine
whether covered employers have
complied with various legal
requirements of the laws administered
by the Wage and Hour Division. The
WHD seeks approval to renew this
information collection related to the
Employment Information Form.
II. Review Focus: The Department of
Labor is particularly interested in
comments which:
• 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;
• Enhance the quality, utility, and
clarity of the information to be
collected;
• Evaluate the accuracy of the
agency’s estimate of the burden of the
proposed collection of information,

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Federal Register / Vol. 78, No. 74 / Wednesday, April 17, 2013 / Notices
including the validity of the
methodology and assumptions used;
• 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 submissions
of responses.
III. Current Actions: The Department
of Labor seeks an approval for the
extension of this information collection
that requires employers to make,
maintain, and preserve records in
accordance with statutory and
regulatory requirements.
Type of Review: Extension.
Agency: Wage and Hour Division.
Title: Employment Information Form.
OMB Number: 1235–0021.
Affected Public: Business or other forprofit, not-for-profit institutions, farms.
Agency Numbers: Form WH–3.
Total Respondents: 35,000.
Total Annual Responses: 35,000.
Estimated Total Burden Hours:
11,667.
Estimated Time per Response: 20
minutes.
Frequency: On occasion.
Total Burden Cost (capital/startup):
$0.
Total Burden Costs (operation/
maintenance): $0.
Dated: April 11, 2013.
Mary Ziegler,
Director, Division of Regulations, Legislation,
and Interpretation.
[FR Doc. 2013–09040 Filed 4–16–13; 8:45 am]
BILLING CODE 4510–27–P

LIBRARY OF CONGRESS
Copyright Office
[Docket No. 2013–4]

Review of Copyright Royalty Judges
Determination
U.S. Copyright Office, Library
of Congress.
ACTION: Notice.
AGENCY:

The Register of Copyrights
issues the following decision identifying
and correcting an erroneous resolution
of a material question of substantive law
under title 17 that underlies or is
contained in the Copyright Royalty
Judges’ final determination of rates and
terms of royalty payments for the use of
sound recordings in transmissions made
by Preexisting Subscription Services.
FOR FURTHER INFORMATION CONTACT:
Jacqueline C. Charlesworth, Senior

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Counsel to the Register, or Stephen
Ruwe, Attorney Advisor Copyright GC/
I&R, P.O. Box 70400, Washington, DC
20024. Telephone: (202) 707–8380.
Telefax: (202) 707–8366.
SUPPLEMENTARY INFORMATION:
Background
The Copyright Royalty Judges
(‘‘CRJs’’), who constitute the Copyright
Royalty Board (‘‘CRB’’), are required by
17 U.S.C. 803(b) to issue determinations
of rates and terms for royalty payments
due for the public performance of sound
recordings in certain digital
transmissions by licensees, including
Preexisting Subscription Services
(‘‘PSS’’) and Satellite Digital Audio
Radio Services (‘‘SDARS’’), in
accordance with the provisions of 17
U.S.C. 114 and 112(e). Pursuant to 17
U.S.C. 801(b)(1), the rates applicable to
PSS and SDARS are to be reasonable
and shall be calculated by the CRJs to
achieve the following objectives:
(A) To maximize the availability of creative
works to the public.
(B) To afford the copyright owner a fair
return for his or her creative work and the
copyright user a fair income under existing
economic conditions.
(C) To reflect the relative roles of the
copyright owner and the copyright user in
the product made available to the public with
respect to relative creative contribution,
technological contribution, capital
investment, cost, risk, and contribution to the
opening of new markets for creative
expression and media for their
communication.
(D) To minimize any disruptive impact on
the structure of the industries involved and
on generally prevailing industry practices.

17 U.S.C. 801(b)(1); see also 17 U.S.C.
114(f)(1)(B) (specifying that CRJs shall
consider factors set forth in section
801(b)(1) in establishing rates for PSS
and SDARS).
On February 14, 2013, the CRJs issued
a final determination of rates and terms
of royalty payments for the use of sound
recordings in transmissions made by
PSS and SDARS (‘‘Final
Determination’’). For PSS, for the period
2013 through the end of 2017, the CRJs
established a phased-in royalty rate
commencing at 8.0% of gross revenues
and rising to 8.5% in 2014. For SDARS,
the CRJs established a phased-in rate
commencing at 9.0% gross revenues and
escalating to 11.0% by 2017.
Under 17 U.S.C. 802(f)(1)(D), the
Register of Copyrights may review for
legal error the resolution by the CRJs of
a material question of substantive law
under title 17 that underlies or is
contained in a final determination of the
CRJs. If the Register of Copyrights
concludes, after taking into
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participants in the proceeding, that any
resolution reached by the CRJs was in
material error, the Register of Copyrights
shall issue a written decision correcting
such legal error. 17 U.S.C. 802(f)(1)(D).
The Register’s correction, which must
specifically identify the legal conclusion
of the CRJs determined to be erroneous,
is to be published in the Federal
Register along with the CRJs’ final
determination. Id. ‘‘As to conclusions of
substantive law involving an
interpretation of the statutory provisions
of [title 17], the decision of the Register
of Copyrights shall be binding as
precedent upon the Copyright Royalty
Judges in subsequent proceedings
* * *.’’ Id.
The Register concludes that the CRJs’
determination of rates for royalty
payments to be paid by PSS pursuant to
17 U.S.C. 114 for the use of sound
recordings did not properly consider the
four statutory factors as required under
17 U.S.C. 801(b)(1). The CRJs’
misinterpretation of the applicable
statutory standard constitutes an
erroneous resolution of a material
question of substantive law under title
17 that underlies or is contained in the
final determination.
Copyright Royalty Judges’
Determination Setting Rates and Terms
for Preexisting Subscription Services
On January 5, 2011, the CRJs
announced the commencement of
proceeding 2011–1 CRB PSS/Satellite II
(‘‘PSS SDARS II’’) to determine the
reasonable rates and terms applicable to
PSS and SDARS for the period January
1, 2013 through December 31, 2017. 76
FR 591, Jan. 5, 2011. Pursuant to 17
U.S.C. 804(b)(3)(B), the CRJs gave notice
of a request for petitions to participate.
Id. By the time of the commencement of
the PSS SDARS hearing, of the original
participants, only Music Choice, Sound
Exchange, and Sirius XM remained as
non-settling participants in the
proceeding. Final Determination at 2.
On May 25, 2012, these participants
submitted a stipulation to the CRJs in
which they agreed to § 112 license rates
and terms, and the proceeding
continued with respect to the § 114 rates
and terms. Id. at 2. On December 14,
2012, the CRJs issued their Initial
Determination in the proceeding. Id. at
3. SoundExchange and Sirius XM filed
motions for a rehearing asserting various
errors of fact and law, both of which
were denied on January 30, 2013. Order
Denying Motions for Rehearing, Docket
No. 2011–1 CRB PSS/Satellite II (Jan.
30, 2013). On February 14, 2013, the

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