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5594 Federal Register / Vol. 73, No.

20 / Wednesday, January 30, 2008 / Notices

Mine: No. 12 Slope, MSHA I.D. No. • Docket Number: M–2006–009–M. NACOSH and announces the
36–09493. FR Notice: 71 FR 58434 (October 3, appointment of new NACOSH members.
Regulation Affected: 30 CFR 75.1400 2006). DATES: Nominations for NACOSH must
(Hoisting equipment; general). Petitioner: Intrepid Potash NM, LLC, be submitted (postmarked, sent or
• Docket Number: M–2007–037–C. 1996 Potash Mines Road, P.O. Box 101, received) by February 29, 2008.
FR Notice: 72 FR 39464 (July 18, Carlsbad, New Mexico 88221–0101. ADDRESSES: You may submit
2007). Mine: Intrepid Potash East Mine,
nominations for NACOSH, identified by
Petitioner: Mallie Coal Company, Inc., MSHA I.D. No. 29–00170.
Docket No. OSHA–2008–0002, by any of
8442 Highway 6, Corbin, Kentucky Regulation Affected: 30 CFR 57.15031
the following methods:
40701. (Location of self-rescue devices).
Electronically: You may submit
Mine: Mine No. 7, MSHA I. D. No. 15– • Docket Number: M–2007–003–M.
nominations, including attachments,
19007. FR Notice: 72 FR 31860 (June 8, 2007).
Petitioner: Intrepid Potash NM, LLC, electronically at http://
Regulation Affected: 30 CFR
1996 Potash Mines Road, P.O. Box 101, www.regulations.gov, which is the
75.380(f)(4)(i) (Escapeways; bituminous
Carlsbad, New Mexico 88221–0101. Federal eRulemaking Portal. Follow the
and lignite mines).
instructions on-line for submitting
• Docket Number: M–2007–038–C. Mine: Intrepid Potash West Mine,
MSHA I.D. No. 29–00175. nominations.
FR Notice: 72 FR 39464 (July 18,
Regulation Affected: 30 CFR 57.18028 Facsimile: If your nomination,
2007).
(Mine emergency and self-rescuer including attachments, does not exceed
Petitioner: Mallie Coal Company, Inc.,
training). 10 pages, you may fax it to the OSHA
8442 Highway 6, Corbin, Kentucky
• Docket Number: M–2007–004–M. Docket Office at (202) 693–1648.
40701.
FR Notice: 72 FR 31861 (June 8, 2007). Mail, express delivery, hand delivery,
Mine: Mine No. 7, MSHA I.D. No. 15–
Petitioner: Intrepid Potash NM, LLC, messenger or courier service: Submit
19007.
Regulation Affected: 30 CFR 75.342 1996 Potash Mines Road, P.O. Box 101, three copies of your nominations to the
(Methane monitors). Carlsbad, New Mexico 88221–0101. OSHA Docket Office, Docket No.
• Docket Number: M–2007–045–C. Mine: Intrepid Potash East Mine, OSHA–2008–0002, Room N–2625, U.S.
FR Notice: 72 FR 45829 (August 15, MSHA I.D. No. 29–00170. Department of Labor, 200 Constitution
2007). Regulation Affected: 30 CFR 57.18028 Avenue, NW., Washington, DC 20210;
Petitioner: Alpha & Omega Coal (Mine emergency and self-rescuer telephone (202) 693–2350 (TTY number
Company, LLC, Drawer 887, Louisa, training). (877) 889–5627). Deliveries (hand,
Kentucky 41230. • Docket Number: M–2007–007–M. express mail, messenger and courier
Mine: No. 2 Deep Mine, MSHA I.D. FR Notice: 72 FR 45830 (August 15, service) are accepted during the
No. 46–09187. 2007. Department of Labor’s and Docket
Regulation Affected: 30 CFR 75.1002 Petitioner: Phelps Dodge Safford, Inc., Office’s normal business hours, 8:15
(Installation of electric equipment and 1124 W. Thatcher Blvd., Suite 202, a.m.–4:45 p.m., e.t.
conductors; permissibility). Safford, Arizona 85546. Instructions: All nominations for
• Docket Number: M–2007–048–C. Mine: Phelps Dodge Safford, Inc., NACOSH must include the Agency
FR Notice: 72 FR 45830 (August 15, Mine, MSHA I.D. No. 02–03131. name and docket number for this
2007). Regulation Affected: 30 CFR Federal Register notice (Docket No.
Petitioner: Paramont Coal Company 56.6309(b) (Fuel oil requirements for OSHA–2008–0002). All submissions in
Virginia, LLC, 2333 Alumni Park Plaza, ANFO). response to this Federal Register notice,
Suite 310, Lexington, Kentucky 40517. Dated: January 24, 2008. including personal information
Mine: Deep Mine #26, MSHA I.D. No. provided, will be posted without change
Jack Powasnik,
44–06929. at http://www.regulations.gov.
Deputy Director, Office of Standards,
Regulation Affected: 30 CFR Therefore, OSHA cautions you about
Regulations, and Variances.
75.1909(b)(6) (Nonpermissible diesel- submitting certain personal information,
[FR Doc. E8–1609 Filed 1–29–08; 8:45 am]
powered equipment; design and such as social security numbers and
BILLING CODE 4510–43–P
performance requirements). birthdates. Because of security-related
• Docket Number: M–2006–006–M. procedures, submitting nominations by
FR Notice: 71 FR 58434 (October 3, regular mail may result in a significant
DEPARTMENT OF LABOR
2006). delay in their receipt. Please contact the
Petitioner: Mosaic Potash Carlsbad, Occupational Safety and Health OSHA Docket Office, at the address
Inc., P.O. Box 71, 1361 Potash Mines Administration above, for information about security
Road, Carlsbad, New Mexico 88221– procedures for submitting nominations
0071. [Docket ID–OSHA–2008–0002] by hand delivery, express delivery, and
Mine: Mosaic Potash Carlsbad, Inc., messenger or courier service. For
National Advisory Committee on
Mine, MSHA I.D. No. 29–00802. additional information on submitting
Occupational Safety and Health
Regulation Affected: 30 CFR 57.15031 nominations, see the SUPPLEMENTARY
(NACOSH)
(Location of self-rescue devices). INFORMATION section below.
• Docket Number: M–2006–008–M. AGENCY: Occupational Safety and Health Docket: To read or download
FR Notice: 71 FR 58434 (October 3, Administration (OSHA), Labor. submissions, go to http://
2006). ACTION: Request for nominations to www.regulations.gov. All documents in
Petitioner: Intrepid Potash NM, LLC, serve on NACOSH; announcement of the docket are listed in the http://
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1996 Potash Mines Road, P.O. Box 101, new and reappointed members. www.regulations.gov index. Although
Carlsbad, New Mexico 88221–0101. listed in the index, some information
Mine: Intrepid Potash West Mine, SUMMARY: The Assistant Secretary of (e.g., copyrighted material) is not
MSHA I.D. No. 29–00175. Labor for Occupational Safety and publicly available to read or download
Regulation Affected: 30 CFR 57.15031 Health invites interested parties to through http://www.regulations.gov. All
(Location of self-rescue devices). submit nominations for membership on submissions, including copyrighted

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Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices 5595

material, are available for inspection becomes unable to serve, resigns, ceases cause a significant delay in the receipt
and copying at the OSHA Docket Office to be qualified to serve because he or of nominations. For information about
at the address above. she no longer meets the relevant security procedures concerning the
Electronic copies of this Federal representational requirements, or is delivery of materials by hand, express
Register document are available at removed by the Secretary of Labor. If a delivery, messenger or courier service,
http://www.regulations.gov. This vacancy occurs before a term expires, please contact the OSHA Docket Office
document, as well as news releases and the Secretary may appoint a new at (202) 693–2350 (TTY (877) 889–
other relevant information, also are member who represents the same 5627).
available at OSHA’s Web page at http:// interest as the predecessor to serve the Submissions are posted without
www.osha.gov. remainder of the unexpired term. The change at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: committee meets at least two times a Therefore, OSHA cautions interested
Deborah Crawford, OSHA, Directorate of year (§ 1912a.4). parties about submitting certain
Evaluation and Analysis, Room N–3641, Any interested person or organization personal information such as social
U.S. Department of Labor, 200 may nominate one or more qualified security numbers and birth dates.
Constitution Avenue, NW., Washington individuals for membership. Although all submissions are listed in
DC 20210; telephone (202) 693–1932; Nominations must include the the http://www.regulations.gov index,
fax (202) 693–1641; e-mail address nominee’s name, occupation or current some information (e.g., copyrighted
crawford.deborah@dol.gov. position, and contact information. The material) is not publicly available to
nomination also must identify the read or download through http://
SUPPLEMENTARY INFORMATION:
The Assistant Secretary of Labor for category that the candidate is qualified www.regulations.gov. All submissions,
Occupational Safety and Health (OSHA) to represent, and include a resume of including copyrighted material, are
invites interested parties to submit the nominee’s background, experience, available for inspection and copying at
nominations for membership on and qualifications. In addition, the the OSHA Docket Office. Information on
NACOSH. The Committee is authorized nomination must state that the nominee using the http://www.regulations.gov
by section 7(a) of the Occupational is aware of the nomination and is Web site to submit comments and
Safety and Health Act of 1970 (OSH willing to serve on NACOSH for a two- access the docket is available at the Web
Act) (29 U.S.C. 656) to advise the year term. NACOSH members will be site’s User Tips link. Contact the OSHA
Secretary of Labor and the Secretary of selected upon the basis of their Docket Office for information about
Health and Human Services on matters experience and competence in the field materials not available through the Web
relating to the administration of the of occupational safety and health site and for assistance in using the
OSH Act. NACOSH is a continuing (§ 1912a.2). The information received Internet to locate docket submissions.
advisory body and operates in through this nomination process, in Electronic copies of this Federal
compliance with provisions in the OSH addition to other relevant sources of Register document are available at
Act and the Federal Advisory information, will assist the Secretary of http://www.regulations.gov. This
Committee Act (5 U.S.C. App. 2), and Labor in appointing members to serve document, as well as news releases and
regulations issued pursuant to those on NACOSH. In selecting NACOSH other relevant information, is also
laws (29 CFR 1912a, 41 CFR part 101– members, the Secretary of Labor will available at OSHA’s Webpage at http://
6 and 102–3). consider individuals nominated in www.osha.gov.
NACOSH is comprised of 12 response to this Federal Register notice,
as well as other qualified individuals. Appointment of New NACOSH
members, all of whom the Secretary of
OSHA will publish a list of the new Members
Labor appoints. Nominations will be
accepted for five vacancies (29 CFR NACOSH members in the Federal In November 2007, Secretary Elaine
1912a.2). The composition of the Register. Chao appointed the following four new
committee and categories of members to Public Participation—Submission of NACOSH members to serve two-year
be appointed are as follows: Nominations and Access to Docket terms:
• Four public representatives. Two • Ms. Barbara McCabe, International
will be appointed; You may submit nominations (1) Union of Operating Engineers, as a labor
• Two management representatives. electronically at http:// representative;
One will be appointed; www.regulations.gov, which is the • Ms. Jennifer Bailey, American Cast
• Two labor representatives. No Federal eRulemaking Portal; (2) by Iron Pipe Company, as a management
vacancies; facsimile (FAX); or (3) by hard copy. All representative;
• Two representatives representing comments, attachments and other • Mr. Karl Jacobson, Liberty Mutual
occupational safety professions. One material must identify the Agency name Insurance Group, as a safety
will be appointed; and, and the OSHA docket number for this representative; and
• Two representing occupational Federal Register notice (Docket No. • Ms. Susan Randolph, University of
health professions. One health OSHA–2008–0002). You may North Carolina-Chapel Hill, as a health
representative will be appointed. supplement electronic nominations by representative.
Pursuant to § 1912a.2, the Secretary of uploading document files electronically. In addition, the Secretary reappointed
Health and Human Services (HHS) will If, instead, you wish to mail additional the following three NACOSH members
designate for appointment by the materials in reference to an electronic or to another two-year term:
Secretary of Labor one of the public fax submission, you must submit three • Mr. Douglas Kalinowski, Michigan
representatives and the representative copies to the OSHA Docket Office (see Department of Consumer and Industry
from the occupational health ADDRESSES section). The additional Services, as a public representative;
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professions. Therefore, OSHA will materials must clearly identify your • Ms. Vickie Wells, San Francisco
provide to HHS all nominations, electronic nomination by name, date, Department of Public Health, as a public
including supporting materials, for and docket number so OSHA can attach representative; and
those membership categories. them to your nomination. • Mr. Kevin Sommers, Fraternal
NACOSH members serve staggered Because of security-related Order of Police, as a labor
two-year terms, unless the member procedures, the use of regular mail may representative.

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5596 Federal Register / Vol. 73, No. 20 / Wednesday, January 30, 2008 / Notices

Authority and Signature fee, must be brought to the Library of Consequently, it is now necessary for
Edwin G. Foulke, Jr., Assistant Congress, James Madison Memorial the Copyright Royalty Judges to resolve
Secretary of Labor for Occupational Building, LM–401, 101 Independence this Phase II distribution.1
Safety and Health, directed the Avenue, SE., Washington, DC 20559–
Commencement of Phase II Proceeding
preparation of this notice under the 6000. If delivered by a commercial
authority granted by sections 6(b)(1) and courier, Petitions to Participate, along Consistent with 17 U.S.C. 804(b)(8),
7 of the Occupational Safety and Health with the $150 filing fee, must be the Copyright Royalty Judges determine
Act of 1970 (29 U.S.C. 655, 656), 29 CFR delivered to the Congressional Courier that a Phase II controversy exists as to
1912a, Federal Advisory Committee Act Acceptance Site located at 2nd and D the distribution of 1998 and 1999 cable
(5 U.S.C. App.2); and Secretary of Street, NE., Washington, DC. The royalties. We reach this determination,
Labor’s Order No. 5–2007 (72 FR envelope must be addressed to: in this instance, for several reasons.
31159). Copyright Royalty Board, Library of First, we observe that certain interested
Congress, James Madison Memorial parties represented to the Librarian
Signed at Washington, DC this 24th day of Building, LM–403, 101 Independence some time ago that several Phase II
January, 2008. Avenue, SE., Washington, DC 20559– controversies exist for these years.
Edwin G. Foulke, Jr., 6000. Second, the Program Suppliers have
Assistant Secretary of Labor for Occupational recently represented to us that a Phase
FOR FURTHER INFORMATION CONTACT:
Safety and Health. II controversy with the National
Richard Strasser, Senior Attorney, or
[FR Doc. E8–1582 Filed 1–29–08; 8:45 am] Association of Broadcasters remains for
Gina Giuffreda, Attorney Advisor, by
BILLING CODE 4510–26–P
telephone at (202) 707–7658 or e-mail at these years. Comments of the Program
crb@loc.gov. Suppliers on the Existence of a
SUPPLEMENTARY INFORMATION: Controversy, at 5, n. 3 (filed in Docket
LIBRARY OF CONGRESS No. 2005–4 CRB CD 2003 on September
Background 19, 2007). And third, we have not
Copyright Royalty Board Each year, semiannually, cable received notification that any
[Docket No. 2008–1 CRB CD 98–99] systems must submit royalty payments settlements have been reached, nor have
to the Copyright Office as required by we received motions for final
Distribution of 1998 and 1999 Cable the cable statutory license for the distribution.
Royalty Funds privilege of retransmitting over-the-air The Judges are consolidating the 1998
television and radio broadcast stations. and 1999 royalty years into a single
AGENCY: Copyright Royalty Board, 17 U.S.C. 111. These royalties are then proceeding. The Librarian consolidated
Library of Congress distributed to copyright owners whose these years for purposes of the Phase I
ACTION: Notice announcing works were included in such proceeding without incident, and Phase
commencement of Phase II distribution retransmissions and who timely filed a II proceedings are traditionally less
proceeding with request for Petitions to claim for royalties. Distribution of the extensive and complicated, thereby
Participate. royalties for each calendar year are making consolidation of multiple
conducted by the Copyright Royalty royalty years more administratively
SUMMARY: The Copyright Royalty Judges
Judges (‘‘Judges’’) in two phases. At efficient.
are announcing the commencement of a
Phase I, the royalties are divided among
proceeding to determine the Phase II Petitions To Participate
the representatives of the major
distribution of 1998 and 1999 royalties
categories of copyrightable content Petitions to Participate must be filed
collected under the cable statutory
(movies, sports programming, music, in accordance with the § 351.1(b) of the
license. The Judges also are announcing
etc.) requesting the distribution. At Judge’s regulations. See 37 CFR
the date by which a party who wishes
Phase II, the royalties are divided among 351.1(b). Petitions to Participate
to participate in this distribution
the various copyright owners within submitted by interested parties whose
proceeding must file its Petition to
each category. claims do not exceed $1,000 must
Participate and the accompanying $150 This Notice announcing the contain a statement that the party will
filing fee. commencement of a proceeding under not seek a distribution of more than
DATES: Petitions to Participate and the 17 U.S.C. 803(b)(1) for distribution of $1,000. No filing fee is required for
filing fee are due on or before February cable royalties collected for 1998 and these parties. We note, however, that
29, 2008. 1999 is confined to Phase II. A Phase I interested parties with claims exceeding
ADDRESSES: An original, five copies, and proceeding for these royalty years was one thousand dollars ($1,000) must
an electronic copy on a CD of the conducted by the Librarian of Congress submit a filing fee of one hundred and
Petition to Participate, along with the under the Copyright Arbitration Royalty fifty dollars ($150) with their Petition to
$150 filing fee, may be delivered to the Panel (‘‘CARP’’) system, the predecessor Participate or it will be rejected. Cash
Copyright Royalty Board by either mail to the Copyright Royalty Judges. The will not be accepted; therefore, parties
or hand delivery. Petitions to Participate Librarian issued his determination must pay the filing fee with a check or
and the $150 filing fee may not be dividing the royalties among the eight money order made payable to the
delivered by an overnight delivery Phase I claimant groups, 69 FR 3606 ‘‘Copyright Royalty Board.’’ If a check
service other than the U.S. Postal (January 26, 2004), and the U.S. Court received in payment of the filing fee is
Service Express Mail. If by mail of Appeals for the District of Columbia returned for lack of sufficient funds, the
(including overnight delivery), Petitions Circuit affirmed his determination.
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to Participate, along with the $150 filing Program Suppliers v. Librarian of 1 It is important to note that this is a new

fee, must be addressed to: Copyright Congress, 409 F.3d 395 (DC Cir. 2005). proceeding before the Copyright Royalty Judges and
Royalty Board, P.O. Box 70977, The Librarian did not, however, resolve not a transfer or continuation of a prior proceeding
of the Librarian. See Section 6(b)(1) of the Copyright
Washington, DC 20024–0977. If hand the Phase II distribution of these royalty Royalty and Distribution Reform Act of 2004, Pub.
delivered by a private party, Petitions to years and terminated the proceeding on L. No. 108–419 (any CARP proceeding terminated
Participate, along with the $150 filing August 10, 2007. 72 FR 45071. by the Librarian ‘‘shall become null and void’’).

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