Notices. Notice

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BILLING CODE 4312-51-M DEPARTMENT OF LABOR Employment Standards Administration Proposed Revision of the Approval of Information Collection Requirements 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. Currently, the Employment Standards Administration is soliciting comments concerning its proposal to extend OMB approval of the information collection for the following medical reports: Roentgenographic Interpretation (CM-933), Roentgenographic Quality Rereading (CM-933b), Medical History and Examination for Coal Mine Workers' Pneumoconiosis (CM-988), Report of Arterial Blood Gas Study (CM-1159), and Report of Ventilatory Study (CM-2907).

A copy of the proposed information collection request can be obtained by contacting the office listed below in the addresses section of this Notice. DATES: Written comments must be submitted to the office listed in the addresses section below on or before March 31, 2008. ADDRESSES: Mr. Steve Andoseh, U.S. Department of Labor, 200 Constitution Ave., NW., Room S-3201, Washington, DC 20210, telephone

(202)693-0373, fax

(202)693-1451, *E-mail andoseh.steven@dol.gov.* Please use only one method of transmission for comments (mail, fax, or E-mail). SUPPLEMENTARY INFORMATION: I. Background The Black Lung Benefits Act of 1977 as amended, 20 U.S.C 901 et seq. and 20 CFR 718.102 set forth criteria for the administration and interpretation of x-rays. When a miner applies for benefits, the Division of Coal Mine Workers' Compensation (DCMWC) is required to schedule a series of four diagnostic tests to help establish eligibility for black lung benefits. Each of the diagnostic tests has its own form that sets forth the medical results. The forms are: Roentgenographic Interpretation (CM-933), Roentgenographic Quality Rereading (CM-933b), Medical History and Examination for Coal Mine Workers' Pneumoconiosis (CM-988), Report of Arterial Blood Gas Study (CM-1159), and Report of Ventilatory Study (CM-2907). This information collection is currently approved for use through July 31, 2008. 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; • 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 submissions of responses. III. Current Actions The Department of Labor seeks the approval for the extension of this currently approved information collection in order to carry out its responsibility to determine eligibility for black lung benefits. *Type of Review:* Extension. *Agency:* Employment Standards Administration. *Title:* Roentgenographic Interpretation (CM-933), Roentgenographic Quality Rereading (CM-933b), Medical History and Examination for Coal Mine Workers' Pneumoconiosis (CM-988), Report of Arterial Blood Gas Study (CM-1159), and Report of Ventilatory Study (CM-2907). *OMB Number:* 1215-0090. *Agency Number:* CM-933, CM-933b, CM-988, CM-1159, and CM-2907. *Affected Public:* Business or other for-profit, and Not-for-profit institutions. Form No. Number of respondents Number of responses Avg. time per response (min.) Burden hours Burden Estimates: CM-933 3,500 3,500 5 292 CM-933b 3,500 3,500 3 175 CM-988 3,500 3,500 30 1,750 CM-1159 3,500 3,500 15 875 CM-2907 3,500 3,500 20 1,167 Total 17,500 17,500 14.6 4,259 *Total Respondents:* 17,500. *Total Annual Responses:* 17,500. *Average Time per Response:* 14.6 minutes. *Estimated Total Burden Hours:* 4,259. *Frequency:* On Occasion. *Total Burden Cost (capital/startup):* $0. *Total Burden Cost (operating/maintenance):* $0. Comments submitted in response to this notice 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: January 25, 2008. Hazel M. Bell, Acting Chief, Branch of Management Review and Internal Control, Division of Financial Management, Office of Management, Administration and Planning, Employment Standards Administration. [FR Doc. E8-1616 Filed 1-29-08; 8:45 am] BILLING CODE 4510-CK-P DEPARTMENT OF LABOR Mine Safety and Health Administration Notice of Affirmative Decisions on Petitions for Modification Granted in Whole or in Part AGENCY: Mine Safety and Health Administration (MSHA), Labor. ACTION: Notice of Affirmative Decisions on Petitions for Modification Granted in Whole or in Part. SUMMARY: The Mine Safety and Health Administration

(MSHA)enforces mine operator compliance with mandatory safety and health standards that protect miners and improve safety and health conditions in U.S. Mines. This **Federal Register** Notice (FR Notice) notifies the public that it has investigated and issued a final decision on certain mine operator petitions to modify a safety standard. ADDRESSES: Copies of the final decisions are posted on MSHA's Web site at *http://www.msha.gov/indexes/petition.htm* . The public may inspect the petitions and final decisions during normal business hours in MSHA's Office of Standards, Regulations, and Variances, 1100 Wilson Boulevard, Room 2349, Arlington, Virginia 22209. All visitors must first stop at the receptionist desk on the 21st Floor to sign-in. FOR FURTHER INFORMATION CONTACT: Edward Sexauer, Chief, Regulatory Development Division at 202-693-9444 (Voice), *sexauer.edward@dol.gov* (E-mail), or 202-693-9441 (Telefax), or Barbara Barron at 202-693-9447 (Voice), *barron.barbara@dol.gov* (E-mail), or 202-693-9441 (Telefax). [These are not toll-free numbers]. SUPPLEMENTARY INFORMATION: I. Introduction Under section 101 of the Federal Mine Safety and Health Act of 1977, a mine operator may petition and the Secretary of Labor (Secretary) may modify the application of a mandatory safety standard to that mine if the Secretary determines that:

(1)An alternative method exists that will guarantee no less protection for the miners affected than that provided by the standard; or

(2)that the application of the standard will result in a diminution of safety to the affected miners. MSHA bases the final decision on the petitioner's statements, any comments and information submitted by interested persons, and a field investigation of the conditions at the mine. In some instances, MSHA may approve a petition for modification on the condition that the mine operator complies with other requirements noted in the decision. II. Granted Petitions for Modification On the basis of the findings of MSHA's investigation, and as designee of the Secretary, MSHA has granted or partially granted the following petitions for modification: • *Docket Number:* M-2006-063-C. *FR Notice:* 71 FR 58434 (October 3, 2006). *Petitioner:* Jim Walter Resources, Inc., P.O. Box 133, Brookwood, Alabama 35444. *Mine:* No. 7 Mine, MSHA I.D. No. 01-01401. *Regulation Affected:* 30 CFR 75.364(b)(1) (Weekly examination). • *Docket Number:* M-2006-066-C. *FR Notice:* 71 FR 58433 (October 3, 2006). *Petitioner:* Monterey Coal Company, 14300 Brushy Mound Road, Carlinville, Illinois 62626. *Mine:* No. 1 Mine, MSHA I.D. No. 11-00726. *Regulation Affected:* 30 CFR 75.364(b)(1) (Weekly examination). • *Docket Number:* M-2006-068-C. *FR Notice:* 71 FR 70549 (December 5, 2006). *Petitioner:* Consol Pennsylvania Coal Company, 1800 Washington Road, Pittsburgh, Pennsylvania 15241. *Mine:* Bailey Mine, MSHA I.D. No. 36-07230. *Regulation Affected:* 30 CFR 75.364(b)(1) (Weekly examination). • *Docket Number:* M-2007-004-C. *FR Notice:* 72 FR 20885 (April 26, 2007). *Petitioner:* Oak Grove Resources, LLC, 8800 Oak Grove Mine Road, Adger, Alabama 35006. *Mine:* Oak Grove Mine, MSHA I.D. No. 01-00851. *Regulation Affected:* 30 CFR 75.364(b)(2) (Weekly examination). • *Docket Number:* M-2007-006-C. *FR Notice:* 72 FR 20887 (April 26, 2007). *Petitioner:* Knight Hawk Coal, LLC, 7290 County Line Road, Cutler, Illinois 62238. *Mine:* Prairie Eagle Underground Mine, MSHA I.D. No 11-03147. *Regulation Affected:* 30 CFR 75.503 (Permissible electric face equipment; maintenance). • *Docket Number:* M-2007-007-C. *FR Notice:* 72 FR 31858 (June 8, 2007). *Petitioner:* Mingo Logan Coal Company, P.O. Box 553, Charleston, West Virginia 25322. *Mine:* Mountaineer II Mine, MSHA I.D. No. 46-09029. *Regulation Affected:* 30 CFR 75.1700 (Oil and gas wells). • *Docket Number:* M-2007-012-C. *FR Notice:* 72 FR 31859 (June 8, 2007). *Petitioner:* Eighty-Four Mining Company, 1800 Washington Road, Pittsburgh, Pennsylvania 15241. *Mine:* Mine 84, MSHA I.D. No. 36-00958. *Regulation Affected:* 30 CFR 75.364(b)(2) (Weekly examination). • *Docket Number:* M-2007-022-C. *FR Notice:* 72 FR 31861 (June 8, 2007). *Petitioner:* Little Buck Coal Company, 57 Lincoln Road, Pine Grove, Pennsylvania 17963. *Mine:* Bottom Split Slope, MSHA I.D. No. 36-09491. *Regulation Affected:* 30 CFR 75.1100-2(a)(2) (Quantity and location of firefighting equipment). • *Docket Number:* M-2007-032-C. *FR Notice:* 72 FR 36065 (July 2, 2007). *Petitioner:* Chestnut Coal Company, RD 3, Box 142B, Sunbury, Pennsylvania 17801. *Mine:* No. 12 Slope, MSHA I.D. No. 36-09493. *Regulation Affected:* 30 CFR 75.1200(d), (h), &

(i)(Mine map). • *Docket Number:* M-2007-033-C. *FR Notice:* 72 FR 36065 (July 2, 2007). *Petitioner:* Chestnut Coal Company, RD 3, Box 142B, Sunbury, Pennsylvania 17801. *Mine:* No. 12 Slope, MSHA I.D. No. 36-09493. *Regulation Affected:* 30 CFR 75.1202-1(a) (Temporary notations, revisions, and supplements). • *Docket Number:* M-2007-034-C. *FR Notice:* 72 FR 36065 (July 2, 2007). *Petitioner:* Chestnut Coal Company, RD 3, Box 142B, Sunbury, Pennsylvania 17801. *Mine:* No. 12 Slope, MSHA I.D. No. 36-09493. *Regulation Affected:* 30 CFR 75.1400 (Hoisting equipment; general). • *Docket Number:* M-2007-037-C. *FR Notice:* 72 FR 39464 (July 18, 2007). *Petitioner:* Mallie Coal Company, Inc., 8442 Highway 6, Corbin, Kentucky 40701. *Mine:* Mine No. 7, MSHA I. D. No. 15-19007. *Regulation Affected:* 30 CFR 75.380(f)(4)(i) (Escapeways; bituminous and lignite mines). • *Docket Number:* M-2007-038-C. *FR Notice:* 72 FR 39464 (July 18, 2007). *Petitioner:* Mallie Coal Company, Inc., 8442 Highway 6, Corbin, Kentucky 40701. *Mine:* Mine No. 7, MSHA I.D. No. 15-19007. *Regulation Affected:* 30 CFR 75.342 (Methane monitors). • *Docket Number:* M-2007-045-C. *FR Notice:* 72 FR 45829 (August 15, 2007). *Petitioner:* Alpha & Omega Coal Company, LLC, Drawer 887, Louisa, Kentucky 41230. *Mine:* No. 2 Deep Mine, MSHA I.D. No. 46-09187. *Regulation Affected:* 30 CFR 75.1002 (Installation of electric equipment and conductors; permissibility). • *Docket Number:* M-2007-048-C. *FR Notice:* 72 FR 45830 (August 15, 2007). *Petitioner:* Paramont Coal Company Virginia, LLC, 2333 Alumni Park Plaza, Suite 310, Lexington, Kentucky 40517. *Mine:* Deep Mine #26, MSHA I.D. No. 44-06929. *Regulation Affected:* 30 CFR 75.1909(b)(6) (Nonpermissible diesel-powered equipment; design and performance requirements). • *Docket Number:* M-2006-006-M. *FR Notice:* 71 FR 58434 (October 3, 2006). *Petitioner:* Mosaic Potash Carlsbad, Inc., P.O. Box 71, 1361 Potash Mines Road, Carlsbad, New Mexico 88221-0071. *Mine:* Mosaic Potash Carlsbad, Inc., Mine, MSHA I.D. No. 29-00802. *Regulation Affected:* 30 CFR 57.15031 (Location of self-rescue devices). • *Docket Number:* M-2006-008-M. *FR Notice:* 71 FR 58434 (October 3, 2006). *Petitioner:* Intrepid Potash NM, LLC, 1996 Potash Mines Road, P.O. Box 101, Carlsbad, New Mexico 88221-0101. *Mine:* Intrepid Potash West Mine, MSHA I.D. No. 29-00175. *Regulation Affected:* 30 CFR 57.15031 (Location of self-rescue devices). • *Docket Number:* M-2006-009-M. *FR Notice:* 71 FR 58434 (October 3, 2006). *Petitioner:* Intrepid Potash NM, LLC, 1996 Potash Mines Road, P.O. Box 101, Carlsbad, New Mexico 88221-0101. *Mine:* Intrepid Potash East Mine, MSHA I.D. No. 29-00170. *Regulation Affected:* 30 CFR 57.15031 (Location of self-rescue devices). • *Docket Number:* M-2007-003-M. *FR Notice:* 72 FR 31860 (June 8, 2007). *Petitioner:* Intrepid Potash NM, LLC, 1996 Potash Mines Road, P.O. Box 101, Carlsbad, New Mexico 88221-0101. *Mine:* Intrepid Potash West Mine, MSHA I.D. No. 29-00175. *Regulation Affected:* 30 CFR 57.18028 (Mine emergency and self-rescuer training). • *Docket Number:* M-2007-004-M. *FR Notice:* 72 FR 31861 (June 8, 2007). *Petitioner:* Intrepid Potash NM, LLC, 1996 Potash Mines Road, P.O. Box 101, Carlsbad, New Mexico 88221-0101. *Mine:* Intrepid Potash East Mine, MSHA I.D. No. 29-00170. *Regulation Affected:* 30 CFR 57.18028 (Mine emergency and self-rescuer training). • *Docket Number:* M-2007-007-M. *FR Notice:* 72 FR 45830 (August 15, 2007. *Petitioner:* Phelps Dodge Safford, Inc., 1124 W. Thatcher Blvd., Suite 202, Safford, Arizona 85546. *Mine:* Phelps Dodge Safford, Inc., Mine, MSHA I.D. No. 02-03131. *Regulation Affected:* 30 CFR 56.6309(b) (Fuel oil requirements for ANFO). Dated: January 24, 2008. Jack Powasnik, Deputy Director, Office of Standards, Regulations, and Variances. [FR Doc. E8-1609 Filed 1-29-08; 8:45 am] BILLING CODE 4510-43-P DEPARTMENT OF LABOR Occupational Safety and Health Administration [Docket ID-OSHA-2008-0002] National Advisory Committee on Occupational Safety and Health (NACOSH) AGENCY: Occupational Safety and Health Administration (OSHA), Labor. ACTION: Request for nominations to serve on NACOSH; announcement of new and reappointed members. SUMMARY: The Assistant Secretary of Labor for Occupational Safety and Health invites interested parties to submit nominations for membership on NACOSH and announces the appointment of new NACOSH members. DATES: Nominations for NACOSH must be submitted (postmarked, sent or received) by February 29, 2008. ADDRESSES: You may submit nominations for NACOSH, identified by Docket No. OSHA-2008-0002, by any of the following methods: Electronically: You may submit nominations, including attachments, electronically at *http://www.regulations.gov,* which is the Federal eRulemaking Portal. Follow the instructions on-line for submitting nominations. Facsimile: If your nomination, including attachments, does not exceed 10 pages, you may fax it to the OSHA Docket Office at

(202)693-1648. Mail, express delivery, hand delivery, messenger or courier service: Submit three copies of your nominations to the OSHA Docket Office, Docket No. OSHA-2008-0002, Room N-2625, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington, DC 20210; telephone

(202)693-2350 (TTY number

(877)889-5627). 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.-4:45 p.m., e.t. Instructions: All nominations for NACOSH must include the Agency name and docket number for this **Federal Register** notice (Docket No. OSHA-2008-0002). All submissions in response to this **Federal Register** notice, including personal information provided, will be posted without change at *http://www.regulations.gov.* Therefore, OSHA cautions you about submitting certain personal information, such as social security numbers and birthdates. Because of security-related procedures, submitting nominations by regular mail may result in a significant delay in their receipt. Please contact the OSHA Docket Office, at the address above, for information about security procedures for submitting nominations by hand delivery, express delivery, and messenger or courier service. For additional information on submitting nominations, see the SUPPLEMENTARY INFORMATION section below. Docket: To read or download submissions, go to *http://www.regulations.gov.* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information (e.g., copyrighted material) is not publicly available to read or download through *http://www.regulations.gov.* All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office at the address above. Electronic copies of this **Federal Register** document are available at *http://www.regulations.gov.* This document, as well as news releases and other relevant information, also are available at OSHA's Web page at *http://www.osha.gov.* FOR FURTHER INFORMATION CONTACT: Deborah Crawford, OSHA, Directorate of Evaluation and Analysis, Room N-3641, U.S. Department of Labor, 200 Constitution Avenue, NW., Washington DC 20210; telephone

(202)693-1932; fax

(202)693-1641; e-mail address *crawford.deborah@dol.gov.* SUPPLEMENTARY INFORMATION: The Assistant Secretary of Labor for Occupational Safety and Health

(OSHA)invites interested parties to submit nominations for membership on NACOSH. The Committee is authorized by section 7(a) of the Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C. 656) to advise the Secretary of Labor and the Secretary of Health and Human Services on matters relating to the administration of the OSH Act. NACOSH is a continuing advisory body and operates in compliance with provisions in the OSH Act and the Federal Advisory Committee Act (5 U.S.C. App. 2), and regulations issued pursuant to those laws (29 CFR 1912a, 41 CFR part 101-6 and 102-3). NACOSH is comprised of 12 members, all of whom the Secretary of Labor appoints. Nominations will be accepted for five vacancies (29 CFR 1912a.2). The composition of the committee and categories of members to be appointed are as follows: • Four public representatives. Two will be appointed; • Two management representatives. One will be appointed; • Two labor representatives. No vacancies; • Two representatives representing occupational safety professions. One will be appointed; and, • Two representing occupational health professions. One health representative will be appointed. Pursuant to § 1912a.2, the Secretary of Health and Human Services

(HHS)will designate for appointment by the Secretary of Labor one of the public representatives and the representative from the occupational health professions. Therefore, OSHA will provide to HHS all nominations, including supporting materials, for those membership categories. NACOSH members serve staggered two-year terms, unless the member becomes unable to serve, resigns, ceases to be qualified to serve because he or she no longer meets the relevant representational requirements, or is removed by the Secretary of Labor. If a vacancy occurs before a term expires, the Secretary may appoint a new member who represents the same interest as the predecessor to serve the remainder of the unexpired term. The committee meets at least two times a year (§ 1912a.4). Any interested person or organization may nominate one or more qualified individuals for membership. Nominations must include the nominee's name, occupation or current position, and contact information. The nomination also must identify the category that the candidate is qualified to represent, and include a resume of the nominee's background, experience, and qualifications. In addition, the nomination must state that the nominee is aware of the nomination and is willing to serve on NACOSH for a two-year term. NACOSH members will be selected upon the basis of their experience and competence in the field of occupational safety and health (§ 1912a.2). The information received through this nomination process, in addition to other relevant sources of information, will assist the Secretary of Labor in appointing members to serve on NACOSH. In selecting NACOSH members, the Secretary of Labor will consider individuals nominated in response to this **Federal Register** notice, as well as other qualified individuals. OSHA will publish a list of the new NACOSH members in the **Federal Register** . Public Participation—Submission of Nominations and Access to Docket You may submit nominations

(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 this **Federal Register** notice (Docket No. OSHA-2008-0002). You may supplement electronic nominations by uploading document files electronically. If, instead, you wish to mail additional materials in reference to an electronic or fax submission, you must submit three copies to the OSHA Docket Office (see ADDRESSES section). The additional materials must clearly identify your electronic nomination by name, date, and docket number so OSHA can attach them to your nomination. Because of security-related procedures, the use of regular mail may cause a significant delay in the receipt of nominations. 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). Submissions are posted without change at *http://www.regulations.gov.* Therefore, OSHA cautions interested parties about submitting certain personal information such as social security numbers and birth dates. 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 *http://www.regulations.gov.* All submissions, including copyrighted material, are available for inspection and copying at the OSHA Docket Office. Information on using the *http://www.regulations.gov* Web site to submit comments and access the docket is available at the Web site'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. Electronic copies of this **Federal Register** document are available at *http://www.regulations.gov.* This document, as well as news releases and other relevant information, is also available at OSHA's Webpage at *http://www.osha.gov.* Appointment of New NACOSH Members In November 2007, Secretary Elaine Chao appointed the following four new NACOSH members to serve two-year terms: • Ms. Barbara McCabe, International Union of Operating Engineers, as a labor representative; • Ms. Jennifer Bailey, American Cast Iron Pipe Company, as a management representative; • Mr. Karl Jacobson, Liberty Mutual Insurance Group, as a safety representative; and • Ms. Susan Randolph, University of North Carolina-Chapel Hill, as a health representative. In addition, the Secretary reappointed the following three NACOSH members to another two-year term: • Mr. Douglas Kalinowski, Michigan Department of Consumer and Industry Services, as a public representative; • Ms. Vickie Wells, San Francisco Department of Public Health, as a public representative; and • Mr. Kevin Sommers, Fraternal Order of Police, as a labor representative. Authority and Signature Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health, directed the preparation of this notice under the authority granted by sections 6(b)(1) and 7 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 655, 656), 29 CFR 1912a, Federal Advisory Committee Act (5 U.S.C. App.2); and Secretary of Labor's Order No. 5-2007 (72 FR 31159). Signed at Washington, DC this 24th day of January, 2008. Edwin G. Foulke, Jr., Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. E8-1582 Filed 1-29-08; 8:45 am] BILLING CODE 4510-26-P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2008-1 CRB CD 98-99] Distribution of 1998 and 1999 Cable Royalty Funds AGENCY: Copyright Royalty Board, Library of Congress ACTION: Notice announcing commencement of Phase II distribution proceeding with request for Petitions to Participate. SUMMARY: The Copyright Royalty Judges are announcing the commencement of a proceeding to determine the Phase II distribution of 1998 and 1999 royalties collected under the cable statutory license. The Judges also are announcing the date by which a party who wishes to participate in this distribution proceeding must file its Petition to Participate and the accompanying $150 filing fee. DATES: Petitions to Participate and the filing fee are due on or before February 29, 2008. ADDRESSES: An original, five copies, and an electronic copy on a CD of the Petition to Participate, along with the $150 filing fee, may be delivered to the Copyright Royalty Board by either mail or hand delivery. Petitions to Participate and the $150 filing fee may not be delivered by an overnight delivery service other than the U.S. Postal Service Express Mail. If by mail (including overnight delivery), Petitions to Participate, along with the $150 filing fee, must be addressed to: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If hand delivered by a private party, Petitions to Participate, along with the $150 filing fee, must be brought to the Library of Congress, James Madison Memorial Building, LM-401, 101 Independence Avenue, SE., Washington, DC 20559-6000. If delivered by a commercial courier, Petitions to Participate, along with the $150 filing fee, must be delivered to the Congressional Courier Acceptance Site located at 2nd and D Street, NE., Washington, DC. The envelope must be addressed to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM-403, 101 Independence Avenue, SE., Washington, DC 20559-6000. FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or Gina Giuffreda, Attorney Advisor, by telephone at

(202)707-7658 or e-mail at *crb@loc.gov* . SUPPLEMENTARY INFORMATION: Background Each year, semiannually, cable systems must submit royalty payments to the Copyright Office as required by the cable statutory license for the privilege of retransmitting over-the-air television and radio broadcast stations. 17 U.S.C. 111. These royalties are then distributed to copyright owners whose works were included in such retransmissions and who timely filed a claim for royalties. Distribution of the royalties for each calendar year are conducted by the Copyright Royalty Judges (“Judges”) in two phases. At Phase I, the royalties are divided among the representatives of the major categories of copyrightable content (movies, sports programming, music, etc.) requesting the distribution. At Phase II, the royalties are divided among the various copyright owners within each category. This Notice announcing the commencement of a proceeding under 17 U.S.C. 803(b)(1) for distribution of cable royalties collected for 1998 and 1999 is confined to Phase II. A Phase I proceeding for these royalty years was conducted by the Librarian of Congress under the Copyright Arbitration Royalty Panel (“CARP”) system, the predecessor to the Copyright Royalty Judges. The Librarian issued his determination dividing the royalties among the eight Phase I claimant groups, 69 FR 3606 (January 26, 2004), and the U.S. Court of Appeals for the District of Columbia Circuit affirmed his determination. *Program Suppliers* v. *Librarian of Congress,* 409 F.3d 395 (DC Cir. 2005). The Librarian did not, however, resolve the Phase II distribution of these royalty years and terminated the proceeding on August 10, 2007. 72 FR 45071. Consequently, it is now necessary for the Copyright Royalty Judges to resolve this Phase II distribution. 1 1 It is important to note that this is a new proceeding before the Copyright Royalty Judges and not a transfer or continuation of a prior proceeding of the Librarian. See Section 6(b)(1) of the Copyright Royalty and Distribution Reform Act of 2004, Pub. L. No. 108-419 (any CARP proceeding terminated by the Librarian “shall become null and void”). Commencement of Phase II Proceeding Consistent with 17 U.S.C. 804(b)(8), the Copyright Royalty Judges determine that a Phase II controversy exists as to the distribution of 1998 and 1999 cable royalties. We reach this determination, in this instance, for several reasons. First, we observe that certain interested parties represented to the Librarian some time ago that several Phase II controversies exist for these years. Second, the Program Suppliers have recently represented to us that a Phase II controversy with the National Association of Broadcasters remains for these years. Comments of the Program Suppliers on the Existence of a Controversy, at 5, n. 3 (filed in Docket No. 2005-4 CRB CD 2003 on September 19, 2007). And third, we have not received notification that any settlements have been reached, nor have we received motions for final distribution. The Judges are consolidating the 1998 and 1999 royalty years into a single proceeding. The Librarian consolidated these years for purposes of the Phase I proceeding without incident, and Phase II proceedings are traditionally less extensive and complicated, thereby making consolidation of multiple royalty years more administratively efficient. Petitions To Participate Petitions to Participate must be filed in accordance with the § 351.1(b) of the Judge's regulations. See 37 CFR 351.1(b). Petitions to Participate submitted by interested parties whose claims do not exceed $1,000 must contain a statement that the party will not seek a distribution of more than $1,000. No filing fee is required for these parties. We note, however, that interested parties with claims exceeding one thousand dollars ($1,000) must submit a filing fee of one hundred and fifty dollars ($150) with their Petition to Participate or it will be rejected. Cash will not be accepted; therefore, parties must pay the filing fee with a check or money order made payable to the “Copyright Royalty Board.” If a check received in payment of the filing fee is returned for lack of sufficient funds, the corresponding Petition to Participate will be dismissed. Further procedural matters, including scheduling, will be addressed after Petitions to Participate have been received. Note that in accordance with 37 CFR 350.2 (Representation), only attorneys who are members of the bar in one or more states and in good standing will be allowed to represent parties before the Copyright Royalty Judges, unless the party is an individual who represents herself or himself. Dated: January 24, 2008. James Scott Sledge, Chief Copyright Royalty Judge. [FR Doc. E8-1672 Filed 1-29-08; 8:45 am] BILLING CODE 1410-72-P LIBRARY OF CONGRESS Copyright Royalty Board Distribution of 1999, 2000, 2001, 2002, 2003, 2004 and 2005 Satellite Royalty Funds AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Request for comments. SUMMARY: The Copyright Royalty Judges are requesting comments as to the existence of controversies at Phase I and Phase II for distribution of the 1999 through 2005 royalty funds collected under the satellite carrier statutory license. DATES: Comments are due on or before February 29, 2008. ADDRESSES: Comments may be sent electronically to *crb@loc.gov* . In the alternative, send an original, five copies, and an electronic copy on a CD either by mail or hand delivery. Please do not use multiple means of transmission. Comments may not be delivered by an overnight delivery service other than the U.S. Postal Service Express Mail. If by mail (including overnight delivery), comments must be addressed to: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If hand delivered by a private party, comments must be brought to the Library of Congress, James Madison Memorial Building, LM-401, 101 Independence Avenue, SE., Washington, DC 20559-6000. If delivered by a commercial courier, comments must be delivered to the Congressional Courier Acceptance Site located at 2nd and D Street, NE., Washington, DC. The envelope must be addressed to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM-403, 101 Independence Avenue, SE., Washington, DC 20559-6000. FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or Gina Giuffreda, Attorney Advisor, by telephone at

(202)707-7658 or e-mail at *crb@loc.gov* . SUPPLEMENTARY INFORMATION: Background Each year, semiannually, satellite carriers must submit royalty payments to the Copyright Office as required by the satellite carrier statutory license for the privilege of retransmitting over-the-air television broadcast stations. 17 U.S.C. 119. These royalties are then distributed to copyright owners whose works were included in such retransmissions and who timely file a claim for royalties. Distribution of the royalties for each calendar year are conducted by the Copyright Royalty Judges in two phases. At Phase I, the royalties are divided among the representatives of the major categories of copyrightable content (movies, sports programming, music, etc.) requesting the distribution. At Phase II, the royalties are divided among the various copyright owners within each category. Final distribution of royalties in any given royalty year may be made by agreement of all the copyright owners making claim to the funds. If, however, there is a controversy as to the proper distribution, either at Phase I or Phase II, the Copyright Royalty Judges are required to conduct a proceeding under chapter 8 of the Copyright Act. *See* 17 U.S.C. 119(b)(4)(B). Request for Comments In order to determine whether further proceedings are necessary for the distribution of the 1999-2005 satellite royalty funds, the Copyright Royalty Judges request that interested copyright claimants identify the existence of both Phase I and Phase II controversies. Claimants should identify the specific royalty years in which they have a controversy, whether the controversy is at Phase I and/or Phase II, and the approximate extent of the controversy. In addition, the Judges seek comment as to the advisability of consolidating multiple royalty years into a single distribution proceeding and what, if any, royalty years should be consolidated. Dated: January 24, 2008. James Scott Sledge, Chief, Copyright Royalty Judge. [FR Doc. E8-1663 Filed 1-29-08; 8:45 am] BILLING CODE 1410-72-P LIBRARY OF CONGRESS Copyright Royalty Board [Docket No. 2007-3 CRB CD 2004-2005] Distribution of the 2004 and 2005 Cable Royalty Funds AGENCY: Copyright Royalty Board, Library of Congress. ACTION: Notice announcing partial Phase I settlement and soliciting comments on motion for partial distribution. SUMMARY: The Copyright Royalty Judges are announcing a partial Phase I settlement in connection with the 2004 and 2005 cable royalty funds. The Judges are also soliciting comments on a motion for partial distribution in connection with those funds. DATES: Comments are due on or before February 29, 2008. ADDRESSES: Comments may be sent electronically to *crb@loc.gov.* In the alternative, send an original, five copies, and an electronic copy on a CD either by mail or hand delivery. Please do not use multiple means of transmission. Comments may not be delivered by an overnight delivery service other than the U.S. Postal Service Express Mail. If by mail (including overnight delivery), comments must be addressed to: Copyright Royalty Board, P.O. Box 70977, Washington, DC 20024-0977. If hand delivered by a private party, comments must be brought to the Library of Congress, James Madison Memorial Building, LM-401, 101 Independence Avenue, SE., Washington, DC 20559-6000. If delivered by a commercial courier, comments must be delivered to the Congressional Courier Acceptance Site located at 2nd and D Street, NE., Washington, DC. The envelope must be addressed to: Copyright Royalty Board, Library of Congress, James Madison Memorial Building, LM-403, 101 Independence Avenue, SE., Washington, DC 20559-6000. FOR FURTHER INFORMATION CONTACT: Richard Strasser, Senior Attorney, or Gina Giuffreda, Attorney Advisor, by telephone at

(202)707-7658 or e-mail at *crb@loc.gov* . SUPPLEMENTARY INFORMATION: Each year cable systems must submit royalty payments to the Register of Copyrights as required by the statutory license set forth in section 111 of the Copyright Act for the retransmission to cable subscribers of over-the-air television and radio broadcast signals. *See* 17 U.S.C. 111(d). These royalties are then distributed to copyright owners whose works were included in a qualifying transmission and who timely filed a claim for royalties. Allocation of the royalties collected occurs in one of two ways. In the first instance, these funds will be distributed through a negotiated settlement among the parties. 17 U.S.C. 111(d)(4)(A). If the claimants do not reach an agreement with respect to the royalties, the Copyright Royalty Judges (“Judges”) must conduct a proceeding to determine the distribution of any royalties that remain in controversy. 17 U.S.C. 111(d)(4)(B). On November 2, 2007, representatives of the Phase I claimant categories (the “Phase I Parties”) 1 filed with the Judges a motion requesting a partial distribution of 50% of each of the 2004 and 2005 cable royalty funds. Under section 801(b)(3)(C) of the Copyright Act, the Judges must publish a notice in the **Federal Register** seeking responses to the motion for partial distribution to ascertain whether any controversy exists over the requested funds before ruling on the motion. Consequently, by today's Notice, the Judges seek comments on whether any controversy exists that would preclude the distribution of 50% of the 2004 and/or 2005 cable royalty funds to the Phase I Parties. 1 The “Phase I Parties” are the Program Suppliers, Joint Sports Claimants, Public Television Claimants, the National Association of Broadcasters, the American Society of Composers, Authors and Publishers, Broadcast Music, Inc., SESAC, Inc., Canadian Claimants, National Public Radio, and the Devotional Claimants. The Judges also seek comment on the existence and extent of any controversies to the 2004 and 2005 cable royalty funds, either at Phase I or Phase II, with respect to the 50% of those funds that would remain if the partial distribution is granted. In Phase I of a cable royalty distribution, royalties are distributed to certain categories of broadcast programming that have been retransmitted by cable systems. The categories have traditionally been movies and syndicated television series, sports programming, commercial and noncommercial broadcaster-owned programming, religious programming, music, public radio programming, and Canadian programming. In Phase II of a cable royalty distribution, royalties are distributed to claimants within each of the Phase I categories. Any party submitting comments on the existence of a Phase II controversy must identify the category or categories in which there is a dispute and the extent of the controversy or controversies. The Judges must be advised of the existence and extent of all Phase I and Phase II controversies by the end of the comment period. It will not consider any controversies that come to their attention after the close of that period. The Motion of the Phase I Claimants for Partial Distribution is posted on the Copyright Royalty Board Web site at *http://www.loc.gov/crb/proceedings/2007-3/11-02-07-phase1motion.pdf* . Dated: January 24, 2008. James Scott Sledge, Chief Copyright Royalty Judge. [FR Doc. E8-1661 Filed 1-29-08; 8:45 am] BILLING CODE 1410-72-P NUCLEAR REGULATORY COMMISSION [Docket No. 030-20836; License No. 25-21479-01; EA-07-303] In the Matter of Mattingly Testing Services, Inc., Molt, MT; Demand for Information I Mattingly Testing Services, Inc., (Mattingly Testing) is the holder of Materials License No. 25-21479-01 issued by the Nuclear Regulatory Commission (NRC or Commission) pursuant to 10 CFR Part 30 and 10 CFR Part 34. The license, initially issued on December 2, 1983, authorizes Mattingly Testing to possess radioactive sealed sources for use in industrial radiography in Molt, Montana, and at temporary job sites anywhere in the United States where the NRC maintains jurisdiction for regulating licensed material, including areas of exclusive Federal jurisdiction within Agreement States. The license was last renewed in its entirety on February 22, 2006, and is due to expire on February 28, 2016. II On November 7, 2007, during an inspection of Mattingly Testing's radiographic operations at a temporary job site, several apparent violations of NRC regulations were identified. In addition, during a follow-up inspection and investigation during the week of November 12, 2007, the NRC inspector and investigator were informed that senior management of Mattingly Testing discouraged employees from speaking with NRC inspectors and investigators. The NRC is concerned that an environment exists within Mattingly Testing's workplace that could inhibit employees from raising safety concerns to the NRC. The NRC inspections and investigation, which are still ongoing, have indicated that: 1. Mattingly Testing's control of licensed material at temporary job sites is not in compliance with NRC requirements; 2. Mattingly Testing's senior management has apparently caused employees to engage in activities that are in violation of NRC regulations and Orders; and 3. Mattingly Testing's senior management has discouraged employees from raising safety concerns both to their management and to the NRC. This information demonstrates a lack of management control and supervision over licensed activities, raises questions as to whether Mattingly Testing will provide complete and accurate information to the NRC in compliance with 10 CFR 30.9, and whether Mattingly Testing is complying with the provisions with 10 CFR 19.15(b). Therefore, further information is needed to determine whether the Commission can have reasonable assurance that Mattingly Testing will comply with the Commission's requirements, ensure a healthy work environment, provide complete and accurate information to the Commission and otherwise conduct its activities in accordance with the Commission's requirements. Accordingly, pursuant to sections 161c, 161o, 182 and 186 of the Atomic Energy Act of 1954, as amended, and the Commission's regulations in 10 CFR 2.204, and 10 CFR 30.9, and 10 CFR 30.32(b), in order for the Commission to determine whether your license should be modified, suspended or revoked, or other enforcement action taken to ensure compliance with NRC regulatory requirements, Mattingly Testing is required to submit the following information in writing to the Director, Office of Enforcement, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, within 20 days of the date of this Demand for Information. If security-related information is necessary to provide an acceptable response, you must mark your entire response “Proprietary Information in accordance with 10 CFR 2.390(d)(1)” and follow the instructions for withholding in 10 CFR 2.390(b)(1). In accordance with 10 CFR 2.390(b)(1)(ii), the NRC is waiving the affidavit requirements for your response. 1. Provide the information requested in the non-publicly available Appendix to this Demand for Information. 2. Describe the actions it has taken and plans to take to provide reasonable assurance that its organization establishes and maintains an appropriate safety conscious work environment 1 where employees are free to raise safety concerns to the NRC and to Mattingly Testing's senior management without fear of retaliation. In addition, describe the actions it has taken and plans to take to ensure its employees understand the provisions of 10 CFR 19.15, 10 CFR 30.7, and 10 CFR 30.9. 1 NRC defines Safety Conscious Work Environment as a work environment in which employees are encouraged to raise safety concerns, are free to raise concerns both to their own management and to the NRC without fear of retaliation, where concerns are promptly reviewed, given the proper priority, and appropriately resolved and timely feedback is provided. The NRC issued a Policy Statement, “Freedom of Employees in the Nuclear Industry to Raise Safety Concerns Without Fear of Retaliation” on May 14, 1996 [61 FR 24336] and additional guidelines in Regulatory Issue Summary 2005-18, “Guidance for Establishing and Maintaining a Safety Conscious Work Environment” on August 25, 2005. Copies of this information shall also be sent to the Assistant General Counsel for Materials Litigation and Enforcement at the same address above, and to the Regional Administrator, NRC Region IV, 611 Ryan Plaza Drive, Suite 400, Arlington, Texas 76011-4005. After reviewing your response, the NRC will determine whether further action is necessary to ensure compliance with regulatory requirements. For the Nuclear Regulatory Commission. Dated this 23rd day of January, 2008. Cynthia A. Carpenter, Director, Office of Enforcement. [FR Doc. E8-1645 Filed 1-29-08; 8:45 am] BILLING CODE 7590-01-P OFFICE OF MANAGEMENT AND BUDGET Discount Rates for Cost-Effectiveness Analysis of Federal Programs AGENCY: Office of Management and Budget. ACTION: Revisions to Appendix C of OMB Circular A-94. SUMMARY: The Office of Management and Budget revised Circular A-94 in 1992. The revised Circular specified certain discount rates to be updated annually when the interest rate and inflation assumptions used to prepare the budget of the United States government were changed. These discount rates are found in Appendix C of the revised Circular. The updated discount rates are shown below. The discount rates in Appendix C are to be used for cost-effectiveness analysis, including lease-purchase analysis, as specified in the revised Circular. They do not apply to regulatory analysis. DATES: The revised discount rates are effective immediately and will be in effect through December 2008. FOR FURTHER INFORMATION CONTACT: Robert B. Anderson, Office of Economic Policy, Office of Management and Budget,

(202)395-3381. John H. Kitchen, Associate Director for Economic Policy, Office of Management and Budget. Attachment. Appendix C (Revised January 2008) Discount Rates for Cost-Effectiveness, Lease Purchase, and Related Analyses *Effective Dates.* This appendix is updated annually around the time of the President's budget submission to Congress. This version of the appendix is valid for calendar year 2008. A copy of the updated appendix can be obtained in electronic form through the OMB home page at *http://www.whitehouse.gov/omb/circulars/a094/a94_appx-c.html,* the text of the main body of the Circular is found at *http://www.whitehouse.gov/omb/circulars/a094/a094.html,* and a table of past years' rates is located at *http://www.whitehouse.gov/omb/circulars/a094/DISCHIST-2008.pdf.* Updates of the appendix are also available upon request from OMB's Office of Economic Policy (202-395-3381). *Nominal Discount Rates.* A forecast of nominal or market interest rates for 2008 based on the economic assumptions for the 2009 Budget are presented below. These nominal rates are to be used for discounting nominal flows, which are often encountered in lease-purchase analysis. Nominal Interest Rates on Treasury Notes and Bonds of Specified Maturities [In percent] 3-Year 5-Year 7-Year 10-Year 20-Year 30-Year 4.1 4.3 4.4 4.6 4.9 4.9 *Real Discount Rates.* A forecast of real interest rates from which the inflation premium has been removed and based on the economic assumptions from the 2009 Budget is presented below. These real rates are to be used for discounting constant-dollar flows, as is often required in cost-effectiveness analysis. Real Interest Rates on Treasury Notes and Bonds of Specified Maturities [In percent] 3-Year 5-Year 7-Year 10-Year 20-Year 30-Year 2.1 2.3 2.4 2.6 2.8 2.8 Analyses of programs with terms different from those presented above may use a linear interpolation. For example, a four-year project can be evaluated with a rate equal to the average of the three-year and five-year rates. Programs with durations longer than 30 years may use the 30-year interest rate. [FR Doc. 08-416 Filed 1-29-08; 8:45 am]

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