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Code · REGISTER · 2007-05-30 · DEPARTMENT OF LABOR · Notices

Notices. Notice

14,323 words·~65 min read·/register/2007/05/30/07-2687

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4410-36-M DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request May 23, 2007. The Department of Labor
(DOL)has submitted the following public information collection request
(ICR)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). A copy of this ICR, with applicable supporting documentation, may be obtained by calling Ira Mills on 202-693-4122 (this is not a toll-free number) or E-Mail: *Mills.Ira@dol.gov,* or by accessing *http://www.reginfo.gov/public/do/PRAMain.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for U.S. Department of Labor/Bureau of Labor Statistic (BLS), Office of Management and Budget, Room 10235, Washington, DC 20503, 202-395-7316 (this is not a toll free number), within 30 days from the date of this publication in the **Federal Register** . The OMB 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; • 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:* Bureau of Labor Statistics. *Type of Review:* Revisions for a currently approved collection. *Title:* CPS Volunteer Supplement. *OMB Number:* 1220-0176. *Frequency:* Annually. *Affected Public:* Individuals. *Type of Response:* Reporting. *Number Of Respondents:* 63,000. *Number of Annual Responses:* 106,000. *Estimated Time per Response:* 3 minutes. *Total Burden Hours:* 5,300. *Total Annualized Capital/Startup Costs:* 0. *Total Annual Costs:* 0 (operating/maintaining systems or purchasing services. *Description:* The purpose of this request for review is for the Bureau of Labor Statistics
(BLS)to obtain clearance for the Volunteer Supplement to the Current Population Survey (CPS), scheduled to be conducted in September 2007. The CPS has been the principal source of the official Government statistics on employment and unemployment for over 60 years. Collection of labor force data through the CPS helps BLS meet its mandate as set forth in Title 29, United States Code, Sections 1 through 9. As part of the CPS, supplement questions will survey individuals ages 15 and over from a nationally representative sample of approximately 60,000 U.S. households. The BLS is continuing this project at the request of the Corporation for National and Community Service. The Volunteer Supplement provides information on the total number of individuals in the U.S. involved in unpaid volunteer activities, measures of the frequency or intensity with which individuals volunteer, types of organizations that facilitate volunteerism, activities in which volunteers participate, and the prevalence of volunteering more than 120 miles from home or abroad. Because the Volunteer Supplement is part of the CPS, the same detailed demographic information collected in the CPS is available about respondents to the Supplement. Thus, comparisons of volunteer activities are possible across respondent characteristics including sex, race, age, and educational. It is intended that the Supplement will be conducted annually, if resources permit, in order to gauge changes in volunteerism. Ira L. Mills, Departmental Clearance Officer/Team Leader. [FR Doc. E7-10289 Filed 5-29-07; 8:45 am] BILLING CODE 4510-24-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,298] American Manufacturing International, Inc.; Patterson, NJ; Notice of Negative Determination Regarding Application for Reconsideration By application dated May 11, 2007 a petitioner requested administrative reconsideration of the Department's negative determination regarding eligibility for workers and former workers of the subject firm to apply for Trade Adjustment Assistance (TAA). The denial notice applicable to workers of American Manufacturing International, Inc., Patterson, New Jersey was signed on May 1, 2007 and published in the **Federal Register** on May 17, 2007 (72 FR 27855). Pursuant to 29 CFR 90.18(c) reconsideration may be granted under the following circumstances:
(1)If it appears on the basis of facts not previously considered that the determination complained of was erroneous;
(2)If it appears that the determination complained of was based on a mistake in the determination of facts not previously considered; or
(3)If in the opinion of the Certifying Officer, a mis-interpretation of facts or of the law justified reconsideration of the decision. The TAA petition filed on behalf of workers at American Manufacturing International Inc., Patterson, New Jersey engaged in the retailing of chemicals was denied because the petitioning workers did not produce an article within the meaning of Section 222 of the Act. The petitioner contends that the Department erred in its interpretation of work performed at the subject facility as providing a service and further conveys that workers of the subject firm mix various chemicals using recipes and then sell them to textile plants. A company official was contacted for clarification in regard to the nature of the work performed at the subject facility. The official stated that the subject firm has outsourced production of chemicals to another independent company since 2004. The official clarified that workers of the subject firm did not mix or react chemicals in 2006 and January through April of 2007. Moreover, a review of the record established that only one worker was separated from American Manufacturing International, Inc., Patterson, New Jersey during the relevant time period. When assessing eligibility for TAA, the Department makes its determinations based on the requirements as outlined in Section 222 of the Trade Act. The investigation revealed that American Manufacturing International, Inc., Patterson, New Jersey did not separate or threaten to separate a significant number or proportion of workers as required by Section 222 of the Trade Act of 1974. Significant number or proportion of the workers in a firm or appropriate subdivision thereof, means that at least three workers with a workforce of fewer than 50 workers, five percent of the workers with a workforce over 50 workers, or fifty workers. Also, since the total number of separated workers was one during the relevant period, workers of American Manufacturing International, Inc., Patterson, New Jersey do not meet the group eligibility requirements for trade adjustment assistance, since Conclusion After review of the application and investigative findings, I conclude that there has been no error or misinterpretation of the law or of the facts which would justify reconsideration of the Department of Labor's prior decision. Accordingly, the application is denied. Signed at Washington, DC, this 23rd day of May, 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-10310 Filed 5-29-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,334] Cinram Manufacturing, LLC; Olyphant, PA; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on April 18, 2007 in response to a petition filed by a company official on behalf of workers of Cinram Manufacturing, LLC, Olyphant, Pennsylvania. The petitioner has requested that the petition be withdrawn. Consequently, further investigation in this case would serve no purpose and the investigation has been terminated. Signed at Washington, DC, this 24th day of May, 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-10311 Filed 5-29-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,275] DeRoyal Textiles, Inc.; Yarn Plant; Camden, SC; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, an investigation was initiated on April 10, 2007 in response to a worker petition filed by a company official on behalf of workers at DeRoyal Textiles, Inc., Yarn Plant, Camden, South Carolina. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed at Washington, DC this 21st day of May, 2007. Richard Church, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-10309 Filed 5-29-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Investigations Regarding Certifications of Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance Petitions have been filed with the Secretary of Labor under Section 221(a) of the Trade Act of 1974 (“the Act”) and are identified in the Appendix to this notice. Upon receipt of these petitions, the Director of the Division of Trade Adjustment Assistance, Employment and Training Administration, has instituted investigations pursuant to Section 221(a) of the Act. The purpose of each of the investigations is to determine whether the workers are eligible to apply for adjustment assistance under Title II, Chapter 2, of the Act. The investigations will further relate, as appropriate, to the determination of the date on which total or partial separations began or threatened to begin and the subdivision of the firm involved. The petitioners or any other persons showing a substantial interest in the subject matter of the investigations may request a public hearing, provided such request is filed in writing with the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than June 11, 2007. Interested persons are invited to submit written comments regarding the subject matter of the investigations to the Director, Division of Trade Adjustment Assistance, at the address shown below, not later than June 11, 2007. The petitions filed in this case are available for inspection at the Office of the Director, Division of Trade Adjustment Assistance, Employment and Training Administration, U.S. Department of Labor, Room C-5311, 200 Constitution Avenue, NW., Washington, DC 20210. Signed at Washington, DC, this 22nd day of May 2007. Ralph DiBattista, Director, Division of Trade Adjustment Assistance. Appendix [TAA petitions instituted between 5/14/07 and 5/18/07] TA-W Subject firm (petitioners) Location Date of institution Date of petition 61502 Digitron Packaging, Inc.
(Wkrs)Redford, MI 05/14/07 05/11/07 61503 Liz Palacios Designs
(Wkrs)San Francisco, CA 05/14/07 05/11/07 61504 Woodmarc Enterprises, LLC
(Comp)Winterset, IA 05/14/07 05/10/07 61505 Trinity/Allegheny Axle Co., Inc.
(Wkrs)Butler, PA 05/14/07 05/14/07 61506 Celestica
(Wkrs)Carrollton, TX 05/14/07 05/10/07 61507 CGI (at Cott Beverages)
(Comp)Wyomissing, PA 05/14/07 05/01/07 61508 Victor Products/ Div Dana Corp. (State) Robinson, IL 05/15/07 05/14/07 61509 WestPoint Home, Inc.
(Comp)Opelika, AL 05/15/07 05/14/07 61510 Wehadkee Yarn Mills
(Comp)West Point, GA 05/15/07 05/14/07 61511 Alexander Technologies
(Comp)Mason City, IA 05/15/07 05/15/07 61512 Freudenberg
(Comp)Newport, TN 05/16/07 05/15/07 61513 WestPoint Home, Inc.
(Comp)Chipley, FL 05/16/07 05/16/07 61514 WestPoint Home, Inc.
(Comp)Marianna, FL 05/16/07 05/16/07 61515 Invitrogen Corporation
(Wkrs)San Francisco, CA 05/16/07 05/14/07 61516 Best Textiles International Ltd.
(Wkrs)West Point, MS 05/16/07 05/15/07 61517 KI USA
(Wkrs)Berea, KY 05/16/07 05/02/07 61518 Culligan
(Wkrs)Northbrook, IL 05/16/07 04/27/07 61519 Thermal Fisher Scientific (State) Mountainside, NJ 05/16/07 05/15/07 61520 Fair-Rite Products Corporation
(Comp)Flat Rock, IL 05/16/07 05/15/07 61521 Durham Manufacturing Company
(The)(State) Durham, CT 05/16/07 05/15/07 61522 Unifi, Inc.
(Comp)Dillon, SC 05/16/07 05/10/07 61523 Central Brass Manufacturing Company
(Wkrs)Cleveland, OH 05/16/07 04/27/07 61524 World Kitchen, LLC
(Comp)Charleroi, PA 05/16/07 05/15/07 61525 Ametek
(Comp)Racine, WI 05/16/07 05/01/07 61526 Henkel Technologies
(Comp)Olean, NY 05/17/07 05/16/07 61527 Fleetwood Travel Trailers of Kentucky, Inc.
(Comp)Campbellsville, KY 05/17/07 05/17/07 61528 Laneventure Furniture
(Comp)Conover, NC 05/17/07 05/16/07 61529 Schott Lithotec USA Corp
(Comp)Poughkeepsie, NY 05/17/07 05/16/07 61530 Track Corp
(Comp)Spring Lake, MI 05/17/07 05/16/07 61531 James Jones Company
(Wkrs)El Monte, CA 05/17/07 05/10/07 61532 GHS Strings
(Wkrs)Battle Creek, MI 05/17/07 05/16/07 61533 Seaside Inc.
(Wkrs)Warren, ME 05/17/07 05/10/07 61534 Merkle-Korff Industries, Inc.
(Comp)Richland Center, WI 05/17/07 05/16/07 61535 The Paslin Company
(Wkrs)Warren, MI 05/17/07 05/15/07 61536 Tenneco, Inc.—Virginia Beach
(Comp)Virginia Beach, VA 05/17/07 05/16/07 61537 Aperture Grille Division, Sony Electronics Inc.
(Comp)Mt. Pleasant, PA 05/18/07 05/17/07 61538 Intermet Corporation
(Comp)Spring Grove, IL 05/18/07 05/17/07 61539 Interlake Material Handling, Inc.
(Comp)Lodi, CA 05/18/07 05/17/07 61540 Santens of America, Inc.
(Comp)Anderson, SC 05/18/07 05/16/07 61541 South Indiana Lumber Co., Inc.
(Wkrs)Liberty, KY 05/18/07 05/16/07 61542 Kenakore Solutions
(Wkrs)Perrysburg, OH 05/18/07 05/04/07 61543 KMC Holding LLC
(Wkrs)Van Wert, OH 05/18/07 05/10/07 [FR Doc. E7-10303 Filed 5-29-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-60,086] Ford Motor Company Product Development and Engineering Center; Dearborn, MI; Notice of Affirmative Determination Regarding Application for Reconsideration By letter dated April 15, 2007, three workers requested administrative reconsideration by the Department of Labor (Department) of the Department's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers and former workers of the subject firm. The negative determination was issued on March 15, 2007. The Department's Notice of determination was published in the **Federal Register** on March 30, 2007 (72 FR 15168). The subject worker group performed product development and engineering services. The determination states that “In order to be considered eligible to apply for adjustment assistance under Section 223 of the Trade Act, the worker group seeking certification (or on whose behalf certification is being sought) must work for a “firm” or appropriate subdivision that produces an article domestically and there must be a relationship between the workers' work and the article produced by the workers' firm or appropriate subdivision.” The negative determination was based on the Department's findings that the subject worker group did not directly support subject firm production. In the request for reconsideration, the workers alleged that the subject worker group directly supported domestic production of automobiles produced by Ford Motor Company. The Department has carefully reviewed the workers' request for reconsideration and the existing record, and has determined that an administrative review is appropriate. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the U.S. Department of Labor's prior decision. The application is, therefore, granted. Signed at Washington, DC, this 22nd day of May 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-10305 Filed 5-29-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,065] Freight Car America; a Subsidiary of Johnstown America Including On-Site Leased Workers of Sargent's Personnel Agency, Inc.; Johnstown, PA; Amended Certification Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974 (19 U.S.C. 2273), and Section 246 of the Trade Act of 1974 (26 U.S.C. 2813), as amended, the Department of Labor issued a Certification of Eligibility to Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance on April 24, 2007, applicable to workers of Freight Car America, a subsidiary of Johnstown America, Johnstown, Pennsylvania. The notice was published in the **Federal Register** on May 9, 2007 (72 FR 26424). At the request of the State agency, the Department reviewed the certification for workers of the subject firm. The workers are engaged in the production of freight
(rail)cars and parts. New information shows that leased workers of Sargent's Personnel Agency, Inc. were employed on-site at the Johnstown, Pennsylvania location of Freight Car America, a subsidiary of Johnstown America. Based on these findings, the Department is amending this certification to include leased workers of Sargent's Personnel Agency, Inc. working on-site at Freight Car America, a subsidiary of Johnstown America, Johnstown, Pennsylvania. The intent of the Department's certification is to include all workers employed at Freight Car America, a subsidiary of Johnstown America, Johnstown, Pennsylvania who were adversely affected by increased customer imports. The amended notice applicable to TA-W-61,065 is hereby issued as follows: “All workers of Freight Car America, a subsidiary of Johnstown America, including on-site leased workers of Sargent's Personnel Agency, Inc., Johnstown, Pennsylvania, who became totally or partially separated from employment on or after March 5, 2006 through April 24, 2009, are eligible to apply for adjustment assistance under Section 223 of the Trade Act of 1974, and are also eligible to apply for alternative trade adjustment assistance under Section 246 of the Trade Act of 1974.” Signed at Washington, DC this 24th day of May 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-10307 Filed 5-29-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,000] Gibraltar DFC Strip Steel LLC; Farrell, PA; Notice of Affirmative Determination Regarding Application for Reconsideration By application postmarked May 4, 2007, United Steelworkers, District 10 requested administrative reconsideration of the Department of Labor's Notice of Negative Determination Regarding Eligibility to Apply for Worker Adjustment Assistance, applicable to workers and former workers of the subject firm. The determination was issued on April 6, 2007 and published in the **Federal Register** on April 24, 2007 (72 FR 20370). The initial investigation resulted in a negative determination based on the finding that imports of cold rolled strip steel did not contribute importantly to worker separations at the subject firm and no shift of production to a foreign source occurred. The Department reviewed the request for reconsideration and has determined that the petitioner has provided additional information. Therefore, the Department will conduct further investigation to determine if the workers meet the eligibility requirements of the Trade Act of 1974. Conclusion After careful review of the application, I conclude that the claim is of sufficient weight to justify reconsideration of the Department of Labor's prior decision. The application is, therefore, granted. Signed at Washington, DC, this 21st of May, 2007. Elliott S. Kushner, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-10306 Filed 5-29-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration [TA-W-61,461] The Troxel Company; West Point, MS; Notice of Termination of Investigation Pursuant to Section 221 of the Trade Act of 1974, as amended, an investigation was initiated on May 7, 2007 in response to a petition filed by a company official on behalf of workers at The Troxel Company, West Point, Mississippi. The petitioner has requested that the petition be withdrawn. Consequently, the investigation has been terminated. Signed in Washington, DC, this 23rd day of May 2007. Linda G. Poole, Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. E7-10312 Filed 5-29-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Notice of Determinations Regarding Eligibility To Apply for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance In accordance with Section 223 of the Trade Act of 1974, as amended (19 U.S.C. 2273) the Department of Labor herein presents summaries of determinations regarding eligibility to apply for trade adjustment assistance for workers (TA-W) number and alternative trade adjustment assistance
(ATAA)by (TA-W) number issued during the period of May 14 through May 18, 2007. In order for an affirmative determination to be made for workers of a primary firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(a) of the Act must be met. I. Section (a)(2)(A) all of the following must be satisfied: A. a significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. the sales or production, or both, of such firm or subdivision have decreased absolutely; and C. increased imports of articles like or directly competitive with articles produced by such firm or subdivision have contributed importantly to such workers' separation or threat of separation and to the decline in sales or production of such firm or subdivision; or II. Section (a)(2)(B) both of the following must be satisfied: A. a significant number or proportion of the workers in such workers' firm, or an appropriate subdivision of the firm, have become totally or partially separated, or are threatened to become totally or partially separated; B. there has been a shift in production by such workers' firm or subdivision to a foreign country of articles like or directly competitive with articles which are produced by such firm or subdivision; and C. One of the following must be satisfied: 1. the country to which the workers' firm has shifted production of the articles is a party to a free trade agreement with the United States; 2. the country to which the workers' firm has shifted production of the articles to a beneficiary country under the Andean Trade Preference Act, African Growth and Opportunity Act, or the Caribbean Basin Economic Recovery Act; or 3. there has been or is likely to be an increase in imports of articles that are like or directly competitive with articles which are or were produced by such firm or subdivision. Also, in order for an affirmative determination to be made for secondarily affected workers of a firm and a certification issued regarding eligibility to apply for worker adjustment assistance, each of the group eligibility requirements of Section 222(b) of the Act must be met.
(1)significant number or proportion of the workers in the workers' firm or an appropriate subdivision of the firm have become totally or partially separated, or are threatened to become totally or partially separated;
(2)the workers' firm (or subdivision) is a supplier or downstream producer to a firm (or subdivision) that employed a group of workers who received a certification of eligibility to apply for trade adjustment assistance benefits and such supply or production is related to the article that was the basis for such certification; and
(3)either—
(A)the workers' firm is a supplier and the component parts it supplied for the firm (or subdivision) described in paragraph
(2)accounted for at least 20 percent of the production or sales of the workers' firm; or
(B)a loss or business by the workers' firm with the firm (or subdivision) described in paragraph
(2)contributed importantly to the workers' separation or threat of separation. In order for the Division of Trade Adjustment Assistance to issue a certification of eligibility to apply for Alternative Trade Adjustment Assistance
(ATAA)for older workers, the group eligibility requirements of Section 246(a)(3)(A)(ii) of the Trade Act must be met. 1. Whether a significant number of workers in the workers' firm are 50 years of age or older. 2. Whether the workers in the workers' firm possess skills that are not easily transferable. 3. The competitive conditions within the workers' industry ( *i.e.* , conditions within the industry are adverse). Affirmative Determinations For Worker Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) of the Trade Act have been met. *NONE* The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) of the Trade Act have been met. NONE The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) of the Trade Act have been met. *TA-W-61,510; Wehadkee Yarn Mills, Headquarters Office, West Point, GA: May 14, 2006* The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) of the Trade Act have been met. *NONE* Affirmative Determinations for Worker Adjustment Assistance and Alternative Trade Adjustment Assistance The following certifications have been issued. The date following the company name and location of each determination references the impact date for all workers of such determination. The following certifications have been issued. The requirements of Section 222(a)(2)(A) (increased imports) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-61,125; Jones Apparel Group, Sample and Pattern Makers, New York, NY: April 3, 2006* *TA-W-61,125A; Jones Apparel Group, Sample and Pattern Makers, New York, NY: April 3, 2006* *TA-W-61,125B; Jones Apparel Group, Sample and Pattern Makers, New York, NY: April 3, 2006* *TA-W-61,161; Indalex, Inc., On-Site Leased Workers of Volt, Watsonville, CA: March 20, 2006* *TA-W-61,221; Hickory Hardware/Belwith International, a Subsidiary of FKI, PLC, Grandville, MI: April 1, 2006* *TA-W-61,285; Metrologic Instruments, Corporate Division, Blackwood, NJ: April 10, 2006* *TA-W-61,386; Berkline, LLC, Livingston, TN: April 25, 2006* *TA-W-61,410; CGI Circuits, Inc., Taunton, MA: April 20, 2006* *TA-W-61,419; Firestone Tube Company, Russellville, AR: April 30, 2006* *TA-W-61,452; Commonwealth Home Fashions, Willsboro, NY: May 4, 2006* *TA-W-60,891; Cheetah Chassis Corporation, Berwick, PA: January 29, 2006* *TA-W-61,226; Delphi Corporation, Auto Holdings Group, Instrument Cluster Plant, Mays Chemicals, Flint, MI: March 30, 2006* *TA-W-61,277; Tonawanda Valve, Inc., North Tonawanda, NY: April 5, 2006* *TA-W-61,290; Flexible Technologies, Flexible Solutions Division, including On-Site Leased Workers of Employment Solutions, Abbeville, SC: April 10, 2006* *TA-W-61,341; Carrier Access Corp., Roanoke, VA: April 19, 2006* *TA-W-61,346; Northland Tool Corp., Traverse City, MI: April 17, 2006* *TA-W-61,371; Grand Marais Investors, Inc., dba K.B. Cook Incorporated, Traverse City, MI: April 9, 2006* *TA-W-61,412; Carlisle Finishing, LLC, Finishing Division, Carlisle, SC: April 27, 2006* *TA-W-61,208; GKN Sinter Metals, Inc., Worcester, MA: March 27, 2006* The following certifications have been issued. The requirements of Section 222(a)(2)(B) (shift in production) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-61,219; Collins and Aikman, Automotive Technical Center, Dover, NH: March 28, 2006* *TA-W-61,280; Dutailier Virginia, Inc., Martinsville, VA: March 28, 2006* *TA-W-61,318; Epic Technologies, Inc., On-Site Leased Workers of Superior Technical Resources, Johnson City, TN: April 16, 2006* *TA-W-61,318A; Epic Technologies, Inc., Leased Workers of Superior Tech. Resources, Norwalk, OH: April 16, 2006* *TA-W-61,364; CyOptics, Inc., Formerly Apogee Photonics, On-Site Leased Workers of Express Personnel Service, Breingsville, PA: April 23, 2006* *TA-W-61,421; Filtrona Richmond, Inc., a subsidiary of Filtrona, PLC, Richmond, VA: April 20, 2006* *TA-W-61,435; Sanmina-SCI Corporation, dba Hadco Corporation, Printed Circuit Board Division, Phoenix, AZ: May 1, 2006* *TA-W-61,443; Seagate Technology, LLC, Shakopee Division, Shakopee, MN: May 3, 2006* *TA-W-61,448; VCST Powertrain Components, Inc., a subsidiary of VCST Inc., Leased Workers of Aerotek & Entech, Chesterfield, MI: May 2, 2006* *TA-W-61,475; Plastiflex, Santa Ana, CA: May 8, 2006* *TA-W-61,243; Ferro Electronic Material Systems, Niagara Falls, NY: April 3, 2006* *TA-W-61,292; Millipore Corporation, Bioscience Division, On-Site Leased Workers From Veritude, Danvers, MA: April 10, 2006* *TA-W-61,394; Aavid Thermalloy LLC, Leased Workers of All Staff, Central NH Employment, Laconia, NH: April 24, 2006* The following certifications have been issued. The requirements of Section 222(b) (supplier to a firm whose workers are certified eligible to apply for TAA) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. *TA-W-61,246; Bush Industries, Inc., Little Valley Facility, Little Valley, NY: April 2, 2006* *TA-W-61,253; Keystone Powered Metal Co., Columbus, OH: April 3, 2006* *TA-W-61,469; Southern Tool Manufacturing Co., Inc., Winston-Salem, NC: May 7, 2006* *TA-W-61,510; Wehadkee Yarn Mills, Headquarters Office, West Point, GA: May 14, 2006* The following certifications have been issued. The requirements of Section 222(b) (downstream producer for a firm whose workers are certified eligible to apply for TAA based on increased imports from or a shift in production to Mexico or Canada) and Section 246(a)(3)(A)(ii) of the Trade Act have been met. NONE Negative Determinations For Alternative Trade Adjustment Assistance In the following cases, it has been determined that the requirements of 246(a)(3)(A)(ii) have not been met for the reasons specified. The Department has determined that criterion
(1)of Section 246 has not been met. Workers at the firm are 50 years of age or older. *TA-W-61,510; Wehadkee Yarn Mills, Headquarters Office, West Point, GA* The Department has determined that criterion
(2)of Section 246 has not been met. Workers at the firm possess skills that are easily transferable. NONE The Department has determined that criterion
(3)of Section 246 has not been met. Competition conditions within the workers' industry are not adverse. *NONE* Negative Determinations For Worker Adjustment Assistance And Alternative Trade Adjustment Assistance In the following cases, the investigation revealed that the eligibility criteria for worker adjustment assistance have not been met for the reasons specified. Because the workers of the firm are not eligible to apply for TAA, the workers cannot be certified eligible for ATAA. The investigation revealed that criteria (a)(2)(A)(I.A.) and (a)(2)(B)(II.A.) (employment decline) have not been met. *TA-W-61,385; The Nielsen Company, Formerly Known as A.C. Nielsen Co., Fond du Lac, WI.* The investigation revealed that criteria (a)(2)(A)(I.B.) (Sales or production, or both, did not decline) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *NONE* The investigation revealed that criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.B.) (shift in production to a foreign country) have not been met. *TA-W-60,908; Georgia Pacific, Consumer Products Division, Muskogee, OK.* *TA-W-60,958; Sekely Industries, Inc., On-Site Leased Workers of Staffright, Bartech, Alliance Staffing, Salem, OH.* *TA-W-61,086; Delta Consolidated, Inc., Danaher Tool Group Division, Raleigh, NC.* *TA-W-61,101; Ameridrives International, Inc., Erie, PA.* *TA-W-61,150; Boise Cascade, LLC, Paper Division, Salem, OR.* *TA-W-61,164; Intel Corporation, Fab 7 Test Factory, Rio Rancho, NM.* *TA-W-61,172; Keystone Weaving Mills, Inc., York, PA.* *TA-W-61,223; Waterbury Buckle Co., A Division of Illinois Tool Works, Inc., Waterbury, CT.* *TA-W-61,284; Continental Structural Plastics, Petoskey, MI.* *TA-W-61,290A; Flexible Technologies, Heat Solutions Division, Abbeville, SC.* *TA-W-61,338; Willow Hill Industries, LLC, Willoughby, OH.* *TA-W-61,322; Oregon Cutting Systems Group, a wholly owned subsidiary of Blount, Inc., Warehouse, Clackamas, OR.* *TA-W-61,355; Texas Instruments, Inc., Silicon Technology Development, Dallas, TX.* The investigation revealed that the predominate cause of worker separations is unrelated to criteria (a)(2)(A)(I.C.) (increased imports) and (a)(2)(B)(II.C) (shift in production to a foreign country under a free trade agreement or a beneficiary country under a preferential trade agreement, or there has been or is likely to be an increase in imports). *NONE* The workers' firm does not produce an article as required for certification under Section 222 of the Trade Act of 1974. *TA-W-61,268; Hewlett Packard Company, Technology Solutions Group, Global Mission Critical Solution, Austin, TX.* *TA-W-61,342; APL Information Services, LTD, a subdivision of APL Limited, Oakland, CA.* *TA-W-61,352; SSA Cooper, Georgetown, SC.* *TA-W-61,445; United Airlines, Inc., Sales Support Operation Center, Elk Grove Village, IL.* *TA-W-61,482; Avon Products, Inc., Avon National Contact Center, Springdale, OH.* *TA-W-61,502; Digitron Packaging, Inc., Redford, MI.* The investigation revealed that criteria of Section 222(b)(2) has not been met. The workers' firm (or subdivision) is not a supplier to or a downstream producer for a firm whose workers were certified eligible to apply for TAA. *NONE* I hereby certify that the aforementioned determinations were issued during the period of May 14 through May 18, 2007. Copies of these determinations are available for inspection in Room C-5311, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210 during normal business hours or will be mailed to persons who write to the above address. Dated: May 23, 2007. Ralph DiBattista, Director, Division of Trade Adjustment Assistance. [FR Doc. E7-10304 Filed 5-29-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Employment and Training Administration Proposed Information Collection Request Submitted for Public Comment and Recommendations ACTION: Notice. SUMMARY: 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. 3506(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. ETA is soliciting comments on a new data collection for the High Growth Job Training Initiative (HGJTI) and Community-Based Job Training
(CBJT)programs. A copy of the proposed information collection request
(ICR)can be obtained by contacting the office listed in the Addressee section of this notice or at this Web site: *http://www.doleta.gov/OMBCN/OMBControlNumber.cfm* DATES: Written comments must be submitted to the office listed in the Addressee section on or before July 30, 2007. ADDRESSES: Ms. Jennifer McNelly, Business Relations Group, Office of Workforce Investment, Employment and Training Administration, U.S. Department of Labor, Room N-4643, 200 Constitution Ave., NW., Washington, DC 20210. Phone
(202)693-3949 (this is not a toll-free number). Fax
(202)693-3890 or e-mail *businessrelations@dol.gov* . SUPPLEMENTARY INFORMATION: I. Background Grantees that are awarded High Growth Job Training Initiative (HGJTI) grants and the Community-Based Job Training Grants (CBJTG) will be required to submit standardized quarterly reports summarizing the number and types of participants served by grantees, the number of exiters, the number of participants engaged in training activities, and participant outcomes. These outcomes include the number of participants who received a degree or certificate, who were placed in employment, and who were placed in training-related employment. In addition, ETA will require grantees to submit records of program exiters on a quarterly basis. These records will help ETA compute the Office of Management and Budget's
(OMB)common job training and employment performance measures, gauge the effects of the HGJTI and CBJTG grants, identify grantees that could serve as useful models, and target technical assistance appropriately. The HGJTI and CBJTG reporting and record keeping requirements are consistent with the President's Management Agenda to improve the management and performance of the Federal government and OMB's common performance measures. The measures are applied to certain Federally funded employment and training programs with similar strategic goals, including the HGJTI and CBJTG programs. These common performance measures enhance the government's ability to assess the effectiveness of the workforce investment system as a whole, including its performance in serving people who face significant barriers to employment. By minimizing the differences in reporting and performance requirements across programs, common performance measures facilitate the integration of service delivery and break down barriers to coordination among programs. Common performance measures also reduce the reporting burden for states and grantees, by providing consistent performance measurement definitions and methodologies across programs. The common job training and employment measures are, therefore, a key component of the HGJTI and CBJTG performance accountability system, because they permit the core purposes of the workforce system to be described in a similar manner. 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; • 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; • Suggest how to enhance the quality, utility, and clarity of the information to be collected; and • Suggest how to 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 *Type of Review:* New. *Agency:* Department of Labor, Employment and Training Administration. *Title:* High Growth and Community-Based Job Training Grants: General Quarterly Reporting Forms & Instructions. *OMB Number:* 1205-0NEW. *Agency Number(s):* Form ETA-9134. *Recordkeeping:* 3 Years. *Affected Public:* Grantees and program participants. *Cite/Reference/Form:* Workforce Investment Act of 1998 and the American Competitiveness in the Twenty-first Century Act of 2000. *Type of Response:* Mandatory. *Frequency:* Quarterly. *Total Respondents:* 272 Grantees. *Total Annual Responses:* 2,176 submissions annually—Each grantee submits a file of program exiter records and a summary report each quarter, for a total of eight submissions each year per grantee. *Estimated Total Burden Hours:* 53,464 (see table for details). Form/activity Annual national burden (hours) Total respondents Average annual hours per respondent Participant Data Collection 23,000 272 grantees 85 Quarterly Performance Report 30,464 272 grantees 112 Total 53,464 197 *Average Response Time:* 197 hours per grantee each year. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintaining):* $0. Comments submitted in response to this comment request will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: May 24, 2007. Emily Stover DeRocco, Assistant Secretary, Employment and Training Administration. [FR Doc. E7-10353 Filed 5-29-07; 8:45 am] BILLING CODE 4510-FN-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket No. OSHA-2007-0034] Overhead and Gantry Cranes; Extension of the Office of Management and Budget's
(OMB)Approval of Information Collection (Paperwork) Requirements AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for public comment. SUMMARY: OSHA solicits public comment concerning its proposal to extend OMB approval of the information collection requirements specified in its Standard on Overhead and Gantry Cranes (29 CFR 1910.179). DATES: Comments must be submitted (postmarked, sent, or received) by July 30, 2007. ADDRESSES: *Electronically:* You may submit comments and attachments electronically at *http://www.regulations.gov* , which is the Federal eRulemaking Portal. Follow the instructions online for submitting comments. *Facsimile:* If your comments, including attachments, are not longer than 10 pages, you may fax them to the OSHA Docket Office at
(202)693-1648. *Mail, hand delivery, express mail, messenger, or courier service:* When using this method, you must submit three copies of your comments and attachments to the OSHA Docket Office, Docket No. OSHA-2007-0034, U.S. Department of Labor, Occupational Safety and Health Administration, Room N-2625, 200 Constitution Avenue, NW., Washington, DC 20210. Deliveries (hand, express mail, messenger, and courier service) are accepted during the Department of Labor's and Docket Office's normal business hours, 8:15 a.m. to 4:45 p.m., e.t. *Instructions:* All submissions must include the Agency name and OSHA docket number for the ICR (OSHA-2007-0034). All comments, including any personal information you provide, are placed in the public docket without change, and may be made available online at *http://www.regulations.gov.* For further information on submitting comments see the “Public Participation” heading in the section of this notice titled “Supplementary Information.” *Docket:* To read or download comments or other material in the docket, go to *http://www.regulations.gov* or the OSHA Docket Office at the address above. All documents in the docket (including this **Federal Register** notice) are listed in the *http://www.regulations.gov index; however, some information* (e.g., copyrighted material) is not publicly available to read or download through the website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. You may also contact Theda Kenney at the address below to obtain a copy of the ICR. FOR FURTHER INFORMATION CONTACT: Theda Kenney or Todd Owen, Directorate of Standards and Guidance, OSHA, U.S. Department of Labor, Room N-3609, 200 Constitution Avenue, NW., Washington, DC 20210; telephone
(202)693-2222. SUPPLEMENTARY INFORMATION: I. Background The Department of Labor, as part of its continuing effort to reduce paperwork and respondent (i.e., employer) burden, conducts a preclearance consultation program to provide the public with an opportunity to comment on proposed and continuing information collection requirements in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3506(c)(2)(A)). This program ensures that information is in the desired format, reporting burden (time and costs) is minimal, collection instruments are clearly understood, and OSHA's estimate of the information collection burden is accurate. The Occupational Safety and Health Act of 1970 (the OSH Act) (29 U.S.C. 651 *et seq.* ) authorizes information collection by employers as necessary or appropriate for enforcement of the Act or for developing information regarding the causes and prevention of occupational injuries, illnesses, and accidents (29 U.S.C. 657). The OSH Act also requires that OSHA obtain such information with minimum burden upon employers, especially those operating small businesses, and to reduce to the maximum extent feasible unnecessary duplication of efforts in obtaining information (29 U.S.C. 657). The Standard specifies several paperwork requirements. The following sections describe who uses the information collected under each requirement, as well as how they use it. The purpose of these requirements is to prevent death and serious injuries among employees by ensuring that all critical components of the crane are inspected and tested on a periodic basis and that the crane is not used to lift loads beyond its rated capacity.
(A)Marking the Rated Load (§§ 1910.179(b)(3), (b)(5), and (k)(2)) Paragraph (b)(5) requires that the rated load be plainly marked on the side of each crane. If the crane has more than one hoist, the rated load must be marked on each hoist or the load block. The manufacturer will mark the rated loads. If the crane is modified, paragraph (b)(3) requires the new rating to be determined and marked on the crane. Also, paragraph (k)(2) requires employers to retain rated test load results and that the results are readily available to appointed personnel. Marking the rated load capacity of a crane ensures that employers and employees will not exceed the limits of the crane, which can result in crane failure.
(B)Inspection of and Certification Records for Hooks and Hoist Chains (§§ 1910.179(j)(2)(iii), (j)(2)(iv), and (j)(4)) Paragraphs (j)(2)(iii) and (j)(2)(iv) require monthly inspections with certification records of hooks and hoist chains. The certification must include the date of the inspection, the signature of the person who performed the inspection, and the serial number, or other identifier, of the inspected hook or hoist chain. Paragraph (j)(4) requires that cranes that are not in regular use meet the requirements of paragraph (j)(2). Paragraph (j)(4)(iii) specifically requires that standby cranes be inspected semi-annually in accordance with paragraph (j)(2). Certification records provide employers, employees, and OSHA compliance officers with assurance that the hooks and hoist chains used on cranes regulated by the Standard have been inspected as required by the Standard. These inspections help assure that the equipment is in good operating condition, thereby preventing failure of the hooks or hoist chains during material handling. These records also provide the most efficient means for the compliance officers to determine that an employer is complying with the Standard.
(C)Repair and Testing of Defective Hooks (§§ 1910.179(l)(3) and (k)(2)) As required by paragraph (k)(2), employers must make readily available test reports of load rating tests of repaired crane hooks conducted under paragraph (l)(3)(iii)( *a* ). These reports inform the employer, employees, and OSHA compliance officers that a rated load test was performed, providing information about the capacity of the crane and the adequacy of the repaired hook. This information is used by crane operators so that they will not exceed the rated load of the crane or hook.
(D)Inspection of and Certification Records for Ropes (§§ 1910.179(m)(1) and (m)(2)) Paragraph (m)(1) requires employers to inspect thoroughly all running rope in use, and do so at least once a month. In addition, rope which has been idle for at least a month must be inspected before use, and a record prepared to certify that the inspection was done. The certification record must include the inspection date, the signature of the person conducting the inspection, and the identifier of the rope inspected. Employers must keep the certification records on file and available for inspection. The certification records provide employers, employees, and OSHA compliance officers with assurance that the ropes are in good condition. In addition, paragraph (m)(2) requires that the employer thoroughly inspect all rope which has been idle for period of a month or more. This inspection shall be for all types of deterioration and shall be performed by an appointed person whose approval shall be required for further use of the rope. A certification record shall be prepared and include the date of inspection; the signature of the person who performed the inspection; and, an identifier for the rope which was inspected.
(E)Disclosure of Certification Records The disclosure of certification records provide the most efficient means for OSHA compliance officers to determine that an employer is complying with the Standard. II. Special Issues for Comment OSHA has a particular interest in comments on the following issues: • Whether the proposed information collection requirements are necessary for the proper performance of the Agency's functions, including whether the information is useful; • The accuracy of OSHA's estimate of the burden (time and costs) of the information collection requirements, including the validity of the methodology and assumptions used; • The quality, utility, and clarity of the information collected; and • Ways to minimize the burden on employers who must comply; for example, by using automated or other technological information collection and transmission techniques. III. Proposed Actions OSHA is requesting that OMB extend its approval of the information collection requirements contained in the Standard on Overhead and Gantry Cranes (29 CFR 1910.179). The Agency is requesting to reduce its current burden hour estimate associated with this Standard from 360,179 to 360,144 hours for a total reduction of 35 hours. The Agency will summarize the comments submitted in response to this notice and will include this summary in the request to OMB. *Type of Review:* Extension of a currently approved collection. *Title:* Overhead and Gantry Cranes (29 CFR 1910.179). *OMB Number:* 1218-0224. *Affected Public:* Business or other for-profit. *Number of Respondents:* 35,000. *Frequency:* On occasion; monthly; semi-annually. *Average Time Per Response:* Varies from 5 minutes (.08 hour) to disclose certification records to 2 hours to obtain and post rated load information on cranes. *Estimated Total Burden Hours:* 360,144. *Estimated Cost (Operation and Maintenance):* $0. IV. Public Participation—Submission of Comments on this Notice and Internet Access to Comments and Submissions You may submit comments in response to this document as follows:
(1)Electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal;
(2)by facsimile (FAX); or
(3)by hard copy. All comments, attachments, and other material must identify the Agency name and the OSHA docket number for the ICR (Docket No. OSHA-2007-0034). You may supplement electronic submissions by uploading document files electronically. If you wish to mail additional materials in reference to an electronic or facsimile submission, you must submit them to the OSHA Docket Office (see the section of this notice titled ADDRESSES ). The additional materials must clearly identify your electronic comments by your name, date, and the docket number so the Agency can attach them to your comments. Because of security procedures, the use of regular mail may cause a significant delay in the receipt of comments. For information about security procedures concerning the delivery of materials by hand, express delivery, messenger, or courier service, please contact the OSHA Docket Office at
(202)693-2350 (TTY
(877)889-5627). Comments and submissions are posted without change at *http://www.regulations.gov.* Therefore, OSHA cautions commenters about submitting personal information such as social security numbers and date of birth. Although all submissions are listed in the *http://www.regulations.gov index,* some information (e.g., copyrighted material) is not publicly available to read or download through this website. All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://www.regulations.gov* website to submit comments and access the docket is available at the website's “User Tips” link. Contact the OSHA Docket Office for information about materials not available through the Web site, and for assistance in using the Internet to locate docket submissions. V. 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 the Paperwork Reduction Act of 1995 (44 U.S.C. 3506 *et seq.* ) and Secretary of Labor's Order No. 5-2002 (67 FR 65008). Signed at Washington, DC, on May 23, 2007. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E7-10290 Filed 5-29-07; 8:45 am] BILLING CODE 4510-26-P DEPARTMENT OF LABOR [Funding Opportunity No: 17-805] Veterans' Employment and Training Service; Fiscal Year
(FY)2007 Stand Down Grant Requests AGENCY: Veterans' Employment and Training Service (VETS), U.S. Department of Labor (USDOL). ACTION: Initial announcement of available FY 2007 funds under the Homeless Veterans' Reintegration Program to Support Local Stand Down Events. SUMMARY: The Veterans' Employment and Training Service
(VETS)continues to support local Stand Down events that assist homeless veterans and is now accepting applications for Stand Down grant awards. A Stand Down is an event held in a local community where homeless veterans are provided with a wide variety of social services. Under this FY 2007 announcement, VETS anticipates that up to $300,000 will be available for grant awards up to a maximum of $10,000 per event. However, if the event is held for one
(1)day, the maximum amount is $7,000. VETS expects to award approximately thirty-seven
(37)grants. Applications for Stand Down funds will be accepted from State Workforce Agencies and State and local Workforce Investment Boards, Veterans Service Organizations (VSO), local public agencies, and non-profit organizations, including community and faith-based organizations. VETS is not authorized to award these grant funds to organizations that are registered with Internal Revenue Service
(IRS)as a 501
(4)organization. DATES: All Stand Down grant requests must be received by the appropriate State Director for Veterans' Employment and Training
(DVET)who serves as the Grant Officer Technical Representative
(GOTR)no later than 60 days prior to the event and postmarked no later than June 30, 2007, for events that occur on or prior to November 30, 2007. Events occurring after November 30, 2007, application will be accepted, and awarded as next year's federal appropriations or continuing resolution funding becomes available. ADDRESSES: Applications for Stand Down grant funding are to be submitted to the appropriate State DVET/GOTR. Address and contact information for each State DVET/GOTR can be found at: *http://www.dol.gov/vets/aboutvets/contacts/main.htm.* SUPPLEMENTARY INFORMATION: I. Funding Opportunity Description *Stand Down* is a military term referring to an opportunity to achieve a brief respite from combat. Troops would assemble in a base camp to receive new clothing, hot food, and a relative degree of safety before returning to the front. Today more than 160 organizations across the country partner with local businesses, government agencies, and community- and faith-based service providers to hold Stand Down events for homeless veterans and their families in the local community. Each year, the Assistant Secretary for Veterans' Employment and Training awards Homeless Veterans' Reintegration Program
(HVRP)grants to programs that enhance employment and training opportunities and/or promote self-sufficiency for homeless veterans. Residual HVRP funds can be awarded as grants to organizations sponsoring Stand Down events for homeless veterans. The critical services provided at a Stand Down are often the catalyst that enables homeless veterans to reenter mainstream society. Some of the services available at these events include temporary shelter, showers, haircuts, meals, clothing, hygiene kits, medical examinations, immunizations, legal advice, State identification cards, veterans benefit information, training program information, employment services, and referral to other supportive services. Stand Down grant funds must be used to enhance employment and training opportunities or to promote self-sufficiency for homeless veterans. The funds may be used to support activities such as: • The purchase of food, bottled water, clothing, sleeping bags and hygiene care kits; • Rental of facilities and/or tents; • Payment for special one-time electricity costs, equipment rentals, advertising, event posters, portable toilets, janitorial/kitchen supplies, and communications/internet access; • The hiring of security personnel; • Transportation of homeless veterans to and from Stand Down events; and • Other items and services as appropriate. Stand Down grant funds may not be used to purchase special monogrammed tee shirts, pen sets, specialty hats (unless for cold weather use), military and veteran type patches, and memento gifts for staff members/visitors/volunteers. II. Award Information The maximum amount that can be awarded to support a local Stand Down event is $10,000 per year, per event. If the event is held for one
(1)day, the maximum amount that can be awarded is $7,000. III. Eligibility Information 1. Eligible Applicants Eligible applicants will generally fall into one of the following categories: State and local Workforce Boards, Veteran Service Organizations, local public agencies, and non-profit organizations including community and faith-based organizations. Organizations registered with the Internal Revenue Service as a 501(c)(4) organization are not eligible. 2. Cost Sharing or Matching Cost Sharing and matching funds are not required. However, we do encourage grantees to maximize the resources available to the Stand Down event and its participants. 3. Other Eligibility Requirements Applicant Registration Requirements A. All applicants for Federal funding are required to include a Dun and Bradstreet Number
(DUNS)with their application. Applicants can obtain a DUNS number through the following Web site: *http://www.dunandbradstreet.com/* or by phone at 1-866-705-5711. B. After receiving a DUNS number, all grant applicants must also register as a vendor with the Central Contractor Registration
(CCR)through the following Web site: *http://www.ccr.gov* or by phone at 1-888-227-2423. CCR registration should become active within 24 hours of completion. If grant applicants have questions regarding registration, please contact the CCR Assistance Center at 1-888-227-2423. After registration, grant applicants will receive a confirmation number. Grantee listed Point of Contact will receive a Trader Partnership Identification Number
(TPIN)via mail. The TPIN is, and should remain, a confidential password. IV. Application Content All applications for Stand Down funding must include: 1. Applicant letter requesting Stand Down funds (original signed in blue ink); 2. Application for Federal Assistance, Standard Form
(SF)424 (original signed in blue ink); 3. SF-424A, Budget Information—Non-Construction Programs; *SF-424 and SF-424A forms can be downloaded from the following Web site:* *http://www.grants.gov* 4. Budget Narrative describing each planned expenditure listed on the SF 424A. The description should provide the methodology used in determining the cost estimates such as quantity and if the item will be purchased or rented. Will the items be utilized by the participant or assist the volunteer(s) at the event?; 5. Demonstrate and document Stand Down Activities and develop a timeline for completion of activities. For Stand Down events that occur on or after July 1st, grant applicants must demonstrate and document planning activities prior to the end of the Fiscal Year (September 30th); 6. Original signed Assurances and Certifications Signature Page; 7. Complete the Survey on Ensuring Equal Opportunity for Applicants (see Appendix D); 8. A copy of the Central Contractor Registration
(CCR)confirmation number. Please do not send the Trader Partnership Identification Number
(TPIN)(see Section III.3.A.); 9. Letters of support, particularly from the local One-Stop Career Centers and/or Disabled Veterans' Outreach Program Specialists (DVOPs) and Local Veterans' Employment Representative
(LVER)staff, the Department of Veterans Affairs, Department of Housing and Urban Development
(HUD)or the local Continuum of Care (COC), Veterans' Service Organizations (VSO), State and local government agencies, local businesses, local non-profit organizations including community-based and faith-based organizations, etc; when applicable; and 10. A copy of the Internal Revenue Service documentation indicating approval of non-profit status (for example: 501(c)(3), 501(c)(19), etc.) as required to verify eligibility when claiming non-profit status. V. Award Administration Information Stand Down funding is a non-competitive grant awarded on a first-come, first-served basis until available residual funding is exhausted. Funding is subject to approval by the Grant Officer. If approved, the grantee will receive a grant award document and financial form to complete in order for USDOL Office of Financial Management to set-up an account in the Health and Human Services, Payment Management System (HHS/PMS) to electronically draw down funds. If awarded funds, the grantee must submit the completed HHS/PMS financial forms directly to the USDOL, Division of Financial Management Operations in order to electronically draw down funds. The financial forms should be sent via FedEx, UPS, or other non-U.S. Postal Service provider to avoid processing delays. If grantee has previously set-up an electronic HHS/PMS account, additional awarded funds will be added into that existing bank account unless otherwise notified in writing. Questions or problems relating to the HHS/PMS paperwork or processes should be referred to the USDOL Office of Financial Management at
(202)693-4479. Upon receipt of grant award financial documents, HHS/PMS will forward a packet of instructions to the grantee on how to set up a payment account. After setting up the account, the grantee will be able to draw down funds to reimburse approved expenses already incurred and to cover approved expenses that will be paid within three
(3)days of the draw down. Funds requested for draw down through the HHS/PMS are directly deposited into the account within 24 hours of the request. Since grantees may draw funds down in more than one quarter, up to and after the date of the Stand Down event, grantees are required to complete a PSC Federal Cash Transaction Report (PS 272) no later than 45 days after the end of each quarter in which grantees receive all or part of their grant award (February 14th, May 15th, August 14th, and November 14th). Instructions for completing this requirement are provided in the HHS/PMS information packet. Grantees are to print hard copies of all PSC 272s submitted to provide with an Activity and Expenditure Report that will be submitted after the Stand Down event. VI. Required Post-Event Reporting No later than 45 calendar days after the Stand Down event, grantees must submit the Stand Down Activity and Expenditure Report to the appropriate DVET/GOTR and to the USDOL Procurement Services. If grantees experience any delay in submitting this report, they should immediately contact their DVET/GOTR and provide a justification to request an extension. The following documents will be needed to complete the Stand Down Activity and Expenditure Report: • An original signed invoice or list of all items purchased with grant funding; • Original sales receipts of items purchased with USDOL-VETS funding; • Comparison of planned activities and expenditures versus actual activities and expenditures; • SF 269A, Financial Status Report (short form) (available for download at *http://www.grants.gov* ; • The Stand Down After Action Report (see Appendix E), which can also be provided by the DVET/GOTR; and • Copies of all PSC 272s that were submitted to HHS/PMS. To prevent processing delays and/or the need to recoup over payments, grantees are to submit the Stand Down Activity and Expenditure Report to the appropriate DVET/GOTR prior to sending the originals to Procurement Services. The DVET/GOTR will review the report to ensure it is complete and accurate and that all expenditures were appropriate and allowable. After the DVET/GOTR reviews the Stand Down Activity and Expenditure Report for completeness and accuracy, grantees are to distribute copies of the Activity and Expenditure Report as follows: • The original SF 269A, signed invoice or list of expenditures and the Stand Down After Action Report is mailed to: U.S. Department of Labor, Procurement Services Center, Room S-4307, Attn: Cassandra Mitchell, 200 Constitution Avenue, NW., Washington, DC 20210. • Original sales receipts of items purchased with USDOL-VETS funding, a copy of the SF 269A, signed invoice or list of expenditures, comparison of actual versus planned activities and expenditures, Stand Down After Action Report, and copies of all PSC 272s sent to HHS/PMS is to be submitted to the appropriate DVET/GOTR. If the DVET/GOTR does not recommend approval of a particular expenditure, he/she will notify the grantee in writing with an explanation for the disapproval and instruct grantee to electronically return the funds within 15 calendar days to the HHS/PMS account if already drawn down. All FY 2007 Stand Down awarded funds must be electronically drawn down by no later than November 30, 2007. If Stand Down funds are not electronically drawn down by the grantee within 90 days following the above stated due date, the USDOL may reallocate these funds for other purposes accordingly. Any grantee who fails to comply with guidance set forth in the Stand Down Special Grant Provisions and reporting requirements will not be considered favorably from any future funding from U.S. Department of Labor Veterans' Employment and Training Service. VII. Agency Contacts Questions regarding this announcement should be directed to the Director for Veterans' Employment and Training/GOTR in your State. Contact information for each DVET/GOTR is located in the VETS Staff Directory at the following webpage: *http://www.dol.gov/vets/aboutvets/contacts/main.htm* or access the directory from the agency Web site at *http://www.dol.gov/vets* . VIII. Other Information Current competitive HVRP grantees are not eligible for a separate non-competitive Stand Down grant award as described in this announcement. Current competitive HVRP grantees are authorized to utilize existing funds for Stand Down purposes. *Appendices:* (Located on U.S. Department of Labor, Veterans' Employment and Training Service Webpage *http://www.dol.gov/vets* follow link for 2007 Stand Down Grants and Required Forms listed under announcements.) Appendix A: Application for Federal Assistance SF-424 Appendix B: Budget Information Sheet SF-424A Appendix C: Certifications and Assurances Signature Page Appendix D: Survey on Ensuring Equal Opportunity for Applicants Appendix E: Stand Down After Action Report Signed at Washington, DC, this 23 day of May, 2007. Cassandra R. Mitchell Grant Officer. [FR Doc. E7-10258 Filed 5-29-07; 8:45 am] BILLING CODE 4510-79-P LIBRARY OF CONGRESS Copyright Office Notice of Roundtable Regarding the Section 115 Compulsory License for Making and Distributing Phonorecords, Including Digital Phonorecord Deliveries AGENCY: Copyright Office, Library of Congress. ACTION: Notice announcing public roundtable. SUMMARY: The Copyright Office announces a public roundtable discussion concerning the use of the statutory license to make and distribute digital phonorecords, including for a limited period, and to make phonorecords that facilitate streaming. This discussion is an adjunct to the comments filed in the current rulemaking exploring these issues. The roundtable will also address the statutory requirement to provide notice of intention to obtain the compulsory license. DATES: The public roundtable will be held in Washington, DC on June 15, 2007, in the Copyright Office Hearing Room at the Library of Congress, Room LM-408, 4th Floor, James Madison Building, 101 Independence Avenue, SE, Washington, DC from 9:30 a.m. to 4:30 p.m. Requests to participate or observe the roundtable shall be submitted in writing no later than close of business on June 6, 2007. ADDRESSES: Requests to observe or participate in the roundtable should be addressed to Joe Keeley, Attorney Advisor, and may be sent by mail or preferably by e-mail to *musiclicense@loc.gov. See* SUPPLEMENTARY INFORMATION for alternative means of submission and filing requirements. FOR FURTHER INFORMATION CONTACT: Joe Keeley, Attorney Advisor, or Stephen Ruwe, Attorney Advisor, Office of the General Counsel, P.O. Box 70977, Southwest Station, Washington, DC 20024-0977. Telephone:
(202)707-8350. Telefax:
(202)707-8366. SUPPLEMENTARY INFORMATION: Background Section 115 of the Copyright Act, title 17 of the United States Code provides a statutory license for the making and distribution of phonorecords of nondramatic musical works. Historically, the statutory rates have established the ceiling for the mechanical licenses issued in the marketplace. In 1995, Congress passed the Digital Performance Right in Sound Recordings Act, Pub. L. No. 104-39, 109 Stat. 336, which amended section 115 to include the right to distribute a phonorecord by means of a “digital phonorecord delivery” (“DPD”). The statute includes a definition of a DPD and explains the process for establishing rates for these phonorecords. In addition, it acknowledges the existence of additional DPDs “where the reproduction or distribution of the phonorecord is incidental to the transmission which constitutes the [DPD]” 17 U.S.C. 115(c)(3)(D), and requires that a separate rate be set for these phonorecords. However, the law does not identify which DPDs can be classified as incidental or provide any guidelines for making this decision. For this reason, the Copyright Office published a Notice of Inquiry in the **Federal Register** , 66 FR 14099 (March 9, 2001), requesting comment on the interpretation and application of the mechanical and digital phonorecord compulsory license, 17 U.S.C. 115, to certain digital music services. The Recording Industry Association of America (“RIAA”) had suggested in its petition for this rulemaking that section 115 be interpreted in such a way as to cover all reproductions made to operate services offering On-Demand Streams and Limited Downloads, as defined in the March 9, 2001, notice. At about the same time, RIAA entered into separate negotiations with the National Music Publishers Association and the Harry Fox Agency, Inc. and reached an agreement concerning several of the issues involved in the original Notice of Inquiry. Because this side agreement addressed the key issues raised in the earlier Notice of Inquiry, the Copyright Office sought additional comments on the original questions. 66 FR 64783 (December 14, 2001). The incidental DPD debate has been hotly contested and, along with the reform of section 115, the subject of numerous hearings before the Subcommittee on Courts, the Internet and Intellectual Property of the House Committee on the Judiciary (March 23, 2007; May 16, 2006; June 21, 2005; and March 11, 2004) and the Senate Judiciary Committee, Subcommittee on Intellectual Property (July 12, 2005). Yet, in spite of all the attention, the legal issues remain unresolved. Consequently, the Office is again focusing on the rulemaking process and is hosting the roundtable discussion as a way to refresh the existing record in order to ascertain the scope of the 115 license in relation to certain digital music services. In addition to the issues raised in the March 9, 2001, Notice of Inquiry, on August 28, 2001, the Copyright Office issued a Notice of Proposed Rulemaking to amend the rules associated with service of a Notice of Intention to Obtain Compulsory License (“Notice”) under section 115. 66 FR 45241 (August 28, 2001). The purpose of the amendments was to streamline the notification process and make it easier for the licensee to serve the copyright owner with Notice for multiple musical works. After considering the comments received in that rulemaking proceeding, the Office adopted regulations that allow, among other things: service on an agent; the listing of multiple works on a single Notice; the filing of a single Notice to cover all possible configurations, including those not listed specifically on the Notice; and use of an address other than the one listed in Copyright Office records. 69 FR 34578 (June 22, 2004). In issuing its Final Rule, the Office recognized that the purpose of the Notice requirements in section 115 of the Copyright Act, is “merely to give notice to the copyright owner of a licensee’s intention to use the copyright owner’s musical work to make and distribute phonorecords subject to the terms of the section 115 compulsory license.” 69 FR 34581 (June 22, 2004). The Office now seeks to address whether there are compelling reasons to further streamline the Notice process. Roundtable Topics The Office is identifying a number of key issues for discussion and encourages the participation of persons who can address these issues from the perspectives of law, policy and the practical needs of the affected industries. The Office also encourages input from persons who can speak to the technological aspects involved in the making of a digital transmission, especially with respect to the making of specific reproductions during the course of a transmission. In addition, the Office invites participants to identify any other actions they believe the Office should undertake, pursuant to its regulatory authority, to make the section 115 license more workable and/or efficient. **Topic 1: How do “Limited Downloads” Fit Within the Scope of the Section 115 License?** The March 9, 2001, Notice of Inquiry addressed a petition for clarification of the status of Limited Downloads within the section 115 license. The petitioning party, the RIAA, characterized a Limited Download as an on-demand transmission of a time-limited or other use-limited download to a storage device (such as a computer’s hard drive), using technology that causes the downloaded file to be available for listening only either during a limited time or for a certain number of times. The Notice of Inquiry, as well as the resulting comments, focused largely on whether Limited Downloads fit within the scope of section 115 as either incidental digital phonorecord deliveries (“incidental DPDs”), as provided for in 17 U.S.C. 115(c)(3)(D), or distributions of phonorecords by rental lease or lending, as provided for in 115 U.S.C. 115(c)(4). Since a DPD is defined as an “individual delivery of a phonorecord which results in a specifically identifiable reproduction,” and since a Limited Download would appear to be the specifically identifiable reproduction that is the end result of the DPD, could that same Limited Download also be considered “incidental to the transmission which constitutes the digital phonorecord delivery?” Can a DPD in fact result in a reproduction which is incidental to itself or should a Limited Download be characterized as a general DPD, 1 albeit potentially valued at a different rate. The Office welcomes further discussion on each of these approaches. 1 Section 115(d) defines a “digital phonorecord delivery” as “each individual delivery of a phonorecord by digital transmission of a sound recording which results in a specifically identifiable reproduction by or for any transmission recipient of a phonorecord of that sound recording, regardless of whether the digital transmission is also a public performance of the sound recording or any nondramatic musical work embodied therein. A digital phonorecord delivery does not result from a real-time, non-interactive subscription transmission of a sound recording where no reproduction of the sound recording or the musical work embodied therein is made from the inception of the transmission through to its receipt by the transmission recipient in order to make the sound recording audible.” In considering whether a Limited Download can be viewed as an incidental DPD, the Office takes note of the fact that the language of 17 U.S.C. 115(c)(3)(D) identifies an incidental DPD as a reproduction or distribution of a phonorecord that is incidental to the transmission which constitutes the digital phonorecord delivery. This would seem to indicate that an incidental DPD cannot exist without an underlying DPD. Given this condition, could a Limited Download ever be considered an incidental DPD? If the Limited Download is considered a general DPD, are there also incidental DPDs made in the course of delivering the Limited Download? Alternatively, reliance on the section 115 provision for rental, lease or lending of a phonorecord as a way to clear the rights to the use of the musical work in Limited Downloads is not self-evident. A plain reading of the statutory language 2 seems to envision that any coverage provided by the section 115 license for phonorecord rental, lease or lending is predicated on a further distribution of a phonorecord already in existence. Furthermore, use of the provision appears to require a licensee to make two payments, once under 17 U.S.C. 115(c)(2) for the making and distribution of the phonorecord and again for subsequent acts of rental, lease or lending of that phonorecord. It is also worth noting that royalty determinations for every such act of rental, lease or lending are dependent upon the revenue received by the licensee for the underlying reproduction and distribution. 3 As a matter of practicality, it seems the rental, lease or lending provision is uniquely suited to traditional, non-digital, uses of the section 115 license, in which a phonorecord is not parted with permanently, but instead returned to the licensee who may rent it multiple times. The Office welcomes alternative views on application of the section 115 provision for rental, lease or lending of a phonorecord to Limited Downloads. 2 “A compulsory license under this section includes the right of the maker of a phonorecord of a nondramatic musical work under subsection (a)(1) to distribute or authorize distribution of such phonorecord by rental, lease, or lending (or by acts or practices in the nature of rental, lease, or lending). In addition to any royalty payable under clause
(2)and chapter 8 of this title, a royalty shall be payable by the compulsory licensee for every act of distribution of a phonorecord by or in the nature of rental, lease, or lending, by or under the authority of the compulsory licensee. With respect to each nondramatic musical work embodied in the phonorecord, the royalty shall be a proportion of the revenue received by the compulsory licensee from every such act of distribution of the phonorecord under this clause equal to the proportion of the revenue received by the compulsory licensee from distribution of the phonorecord under clause
(2)that is payable by a compulsory licensee under that clause and under chapter 8. The Register of Copyrights shall issue regulations to carry out the purpose of this clause.” 115 U.S.C. 115(c)(4) 3 *Id* . **Topic 2: Does “Streaming” Fit Within the Scope of the Section 115 License?** The March 9, 2001, Notice of Inquiry sought clarification of the status of streaming, 4 specifically with respect to “on-demand streams” within the section 115 license. In the previous Notice of Inquiry, the Office recognized that streaming necessarily involves a making of a number of copies of the musical work--or portions of the work--along the transmission path to accomplish the delivery of the work. Copies are made by the computer servers that deliver the musical work (variously referred to as “server,” “root,” “encoded,” or “cache” copies), and additional copies are made by the receiving computer to better facilitate the actual performance of the work (often referred to as “buffer” copies). Some of these copies are temporary; some may not necessarily be so. 66 FR 14101 (March 9, 2001). 4 While the March 9, 2001, Notice of Inquiry set out to address “On-Demand Streams” only, the Office will consider all types of streaming, regardless of their interactive nature, in determining their place within the scope of the section 115 license, which unlike the section 114 license makes no distinction between interactive and noninteractive uses of copyrighted works. Similar to its consideration with regard to Limited Downloads, the Office welcomes further information regarding whether the reproductions made in the course of streaming enjoy coverage under the section 115 provisions as incidental DPDs. Again, the Office takes note of the fact that the language of 17 U.S.C. 115(c)(3)(D) identifies an incidental DPD as a reproduction or distribution of a phonorecord that is incidental to the transmission which constitutes the digital phonorecord delivery. The Office, therefore, seeks further information as to whether the reproductions made to facilitate a stream result in a DPD as defined in section 115(d), 5 focusing on the requirement that the DPD must result in “a specifically identifiable reproduction by or for any transmission recipient.” Does streaming result in such specifically identifiable reproductions? And if a DPD is made in the course of streaming, does the streaming process also produce incidental DPDs for purposes of section 115? The Office welcomes the participation of individuals who can provide technical expertise in considering these questions. 5 *See supra* n.1. **Topic 3: Do Server Copies Necessary to Transmit Limited Downloads or Streams Fit Within the Scope of the Section 115 License?** The Office welcomes further information as to whether server copies, or other copies not actually delivered to the public for private use, fit within the scope of the section 115 license, perhaps as incidental DPDs. The language of 17 U.S.C. 115(c)(3)(D), which identifies an incidental DPD *as a reproduction or distribution* of a phonorecord that is incidental to the transmission which constitutes the digital phonorecord delivery could indicate that server copies may be considered incidental DPDs. On the other hand, the section 115(a)(1) requirement that “a person may obtain a compulsory license only if his or her primary purpose in making phonorecords is to distribute them to the public for private use” may cut against consideration of a server copy as an incidental DPD, at least in cases where the server copy is used for purposes of streaming. Does the fact that the law indicates that an incidental DPD can be either a reproduction or a distribution minimize the importance of the 115(a)(1) requirement or nullify it in the case of an incidental DPD? **Topic 4: Notice Requirements** The Office amended its regulations governing Notice several years ago to allow service on agents of copyright owners as a way to make the license more functional. 69 FR 34578 (June 22, 2004). However, the section 115 license remains largely unused by most parties to previous rulemaking proceedings who expressed an interest in employing it. The Office, therefore, seeks information as to whether there are compelling reasons to further streamline the Notice process. Specifically, the Office seeks further information on the benefits and burdens of the existing Notice requirements; the potential to eliminate information (data fields) currently required in a Notice; and services and technology that may be employed by either the Office or third parties to assist in the Notice process. The Office also seeks further information on the following previously suggested, yet heretofore unimplemented, methods for streamlining the Notice process: *a.Filing of “Universal” or “Database” Notices.* Current regulations allow that a Notice may address the works of multiple copyright owners only so long as such Notice is served on an agent of a copyright owner, and all of the works addressed by such Notice are owned or co-owned by copyright owners who have authorized their agent to accept Notice on their behalf. The Office seeks further information concerning additional changes to allow the filing of a single, universal “Database” Notice upon agents of copyright owners. Such a “Database” Notice would be effective only to the extent it addresses works owned or co-owned by the copyright owners represented by the agent on whom the Notice is served. Similar proposals regarding “Database” Notices have been suggested in previous proceedings. One such proposal put forward by DiMA, would have allowed the licensee, in the case of electronic submissions, to serve directly on copyright owners a single “Database” Notice listing multiple works by multiple owners. 69 FR 11571 (March 11, 2004). The Office undertakes further inquiry regarding service of a single “Database” Notice to consider another proposal similar to DiMA’s that would allow service of “Database” Notices on agents of copyright owners, as opposed to service of “Database” Notices directly on copyright owners. In its earlier consideration for allowing “Database” Notices, the Office found that section 115 “does not anticipate that the copyright owner should have to search a licensee’s universal database Notice to determine which of the copyright owner’s works a licensee intends to use.” 69 FR 11571 (March 11, 2004). In seeking further information regarding service of a “Database” Notice on agents of copyright owners, the Office recognizes the continually advancing search and sort capabilities of word processing, spreadsheet, and other electronic data management applications that are in increasingly wide use. Given such capabilities, would it be reasonable to require agents of copyright owners served with Notice to provide not only the name and address of the person to whom Statements of Account and monthly royalties are to be made, but also information regarding the works owned by the copyright owners the agent represents? And, assuming for purposes of this discussion copyright owners can provide this information, can and should the Office issue regulations under section 115 to allow service of a blanket “Database” Notice on a copyright owner (or an agent of one or more copyright owners) that does not specify any particular musical work, but simply states that the user intends to use the section 115 license to make and distribute DPDs for all musical works owned by that particular copyright owner (or all copyright owners represented by that particular agent)? The Office takes note of the actions among interested parties to develop data exchange standards for information relating to media content, exemplified by the establishment of “Digital Data Exchange.” ( *See www.ddex.net* . Are there additional emerging business solutions that may efficiently aid the administration of “Database” Notices? Would the adoption of a uniform standard for the exchange of digital data allow for the use of a universal “Database” Notice? Are there legal impediments to allowing service of a universal “Database” Notice on agents of copyright owners? *b.Authority of Agents* Current regulations allow a potential licensee to choose to serve Notice on either the copyright owner or an agent of the copyright owner with authority to receive the Notice. Previous rulemaking proceedings have considered that the regulations may set a higher standard for establishing an agency relationship than that applied as a matter of agency law. 69 FR 11568 (March 11, 2004). Currently, the regulations provide for service of the Notice on either the copyright owner or an agent of the copyright owner with authority to receive the Notice. The Office seeks further input as to whether an agent with authority to accept Notices includes general registered agents of copyright owners of the sort that may be required as a condition of enjoying corporate or other similar legal status by copyright owners in their respective jurisdictions. And if not, whether the regulations should be so amended. Participation and Filing Requirements Parties wishing to observe or participate in the roundtable discussion must submit a written request no later than close of business on June 6, 2007. Requests to observe the roundtable or to participate as a member of the roundtable must indicate the following information: 1. The name of the person, including whether it is his or her intention to observe the roundtable or to participate as a member of the roundtable; 2. The organization or organizations represented by that person, if any; 3. Contact information (address, telephone, and e-mail); and 4. Information on the specific focus or interest of the observers or participants (or his or her organization) and any questions or issues they would like to raise. The capacity of the room in which the roundtable will be held is limited. If the Office receives so many requests that the room’s capacity is reached, attendance will be granted in the order the requests are received. The preferred method for submission of the requests to observe or participate is via email. If sent by e-mail, please send to musiclicense@loc.gov. Alternatively, requests may be delivered by hand or submitted by mail. If hand delivered by a private party, an original and five copies of the request to observe or participate should be brought to Room 401 of the James Madison Building between 8:30 a.m. and 5 p.m. The envelope should be addressed as follows: Office of the General Counsel, Library of Congress, James Madison Building, LM-401, Washington, DC, 20559-6000. If delivered by a commercial courier, an original and five copies of a request to observe or participate in the roundtable must be delivered to the Congressional Courier Acceptance Site (“CCAS”) located at 2nd and D Streets, NE, Washington, DC between 8:30 a.m. and 4 p.m. The envelope should be addressed as follows: Office of the General Counsel, U.S. Copyright Office, LM 401, James Madison Building, 101 Independence Avenue, SE, Washington, DC. Please note that CCAS will not accept delivery by means of overnight delivery services such as Federal Express, United Parcel Service or DHL. If sent by mail (including overnight delivery using U.S. Postal Service Express Mail), an original and five copies of a request to observe or participate should be addressed to U.S. Copyright Office, Copyright GC/I&R, P.O. Box 70400, Southwest Station, Washington, DC 20024. Please be aware that delivery of mail via the U.S. Postal Service or private courier is subject to delay. Therefore, it is strongly suggested that any request to observe or participate be made via email. Dated: May 24, 2007 Marybeth Peters, Register of Copyrights. [FR Doc. E7-10363 Filed 5-29-07; 8:45 am] BILLING CODE 1410-30-S NUCLEAR REGULATORY COMMISSION Sunshine Federal Register Notice Date: Weeks of May 28, June 4, 11, 18, 25, July 2, 2007. Place: Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland. Status: Public and Closed. Matters to be Considered: Week of May 28, 2007 Tuesday, May 29, 2007 1:30 p.m. NRC All Hands Meeting (Public Meeting) ( *Contact:* Rickie Seltzer, 301-415-1728), Marriott Bethesda North Hotel, Salons A-E, 5701 Marinelli Road, Rockville, MD 20852. Wednesday, May 30, 2007 9:25 a.m. Affirmation Session (Public Meeting) (Tentative): a. USEC Inc. (American Centrifuge Plant), LBP-07-06 (Initial Decision Authorizing License), Geoffrey Sea Letter “in preparation of late-filed contentions” (Tentative). b. Shieldalloy Metallurgical Corp. (Licensing Amendment Request for Decommissioning of the Newfield, New Jersey Facility), Docket No. 40-7102-MLA, Appeal of Loretta Williams from LBP-07-05 (Tentative). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* 9:30 a.m. Briefing on Results of the Agency Action Review Meeting (AARM)—Materials (Public Meeting) ( *Contact:* Duane White, 301-415-6272). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* 10:15 a.m. Discussion of Security Issues (Closed-Ex.1). Thursday, May 31, 2007 9 a.m. Briefing on Results of the Agency Action Review Meeting (AARM)—Reactors (Public Meeting) ( *Contact:* Mark Tonacci, 301-415-4045). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* Week of June 4, 2007—Tentative Thursday, June 7, 2007 1:30 p.m. Meeting with the Advisory Committee on Reactor Safeguards
(ACRS)(Public Meeting) ( *Contact:* Frank Gillespie, 301-415-7360). This meeting will be webcast live at the Web address— *http://www.nrc.gov.* Week of June 11, 2007—Tentative There are no meetings scheduled for the Week of June 11, 2007. Week of June 18, 2007—Tentative There are no meetings scheduled for the Week of June 18, 2007. Week of June 25, 2007—Tentative There are no meetings scheduled for the Week of June 25, 2007. Week of July 2, 2007—Tentative There are no meetings scheduled for the Week of July 2, 2007. *The schedule for Commission meetings is subject to change on short notice. To verify the status of meetings call (recording)—(301) 415-1292. Contact person for more information: Michelle Schroll,
(301)415-1662. The NRC Commission Meeting Schedule can be found on the Internet at: *http://www.nrc.gov/about-nrc/policy-making/schedule.html.* The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g. braille, large print), please notify the NRC's Disability Program Coordinator, Deborah Chan, at 301-415-7041, TDD: 301-415-2100, or by e-mail at *DLC@nrc.gov.* Determinations on requests for reasonable accommodation will be made on a case-by-case basis. This notice is distributed by mail to several hundred subscribers; if you no longer wish to receive it, or would like to be added to the distribution, please contact the Office of the Secretary, Washington, DC 20555 (301-415-1969). In addition, distribution of this meeting notice over the Internet system is available. If you are interested in receiving this Commission meeting schedule electronically, please send an electronic message to *dkw@nrc.gov.* Dated: May 24, 2007. R. Michelle Schroll, Office of the Secretary. [FR Doc. 07-2687 Filed 5-25-07; 11:56 am]
Connectionstraces to 6
6 references not yet in our index
  • Pub. L. 104-13
  • 29 CFR 90.18(c)
  • 26 USC 2813
  • Pub. L. 104-39
  • 109 Stat. 336
  • 115 USC 115(c)(4)
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Notices
Notice
U.S.C.§ 2273
U.S.C.§ 3506
C.F.R.§ 1910.179
U.S.C.§ 651
U.S.C.§ 657
U.S.C.§ 115
Pub. L.Pub. L. 104-13
Cite29 CFR 90.18(c)
Cite26 USC 2813
Pub. L.Pub. L. 104-39
Stat.109 Stat. 336
Cites 12 · showing 11Cited by 0 across 0 sources
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