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Federal Register / Vol. 67, No.

169 / Friday, August 30, 2002 / Notices 55885

(3) electronically through the OSHA exposure to ergonomic stressors in General Counsel, James Madison
webpage. Please note that you cannot nursing homes. The control methods are Memorial Building, Room 403, First and
attach materials such as studies or presented with drawings showing Independence Ave., SE., Washington,
journal articles to electronic comments. proper use, and with recommendations DC 20540.
If you have additional materials, you for when to use a specific control FOR FURTHER INFORMATION CONTACT:
must submit three copies of them to the method. David O. Carson, General Counsel, or
OSHA Docket Office at the address OSHA encourages interested parties Tanya M. Sandros, Senior Attorney,
above. The additional materials must to comment on all aspects of the draft Copyright Arbitration Royalty Panels,
clearly identify your electronic guidelines. PO Box 70977, Southwest Station,
comments by name, date, subject and Washington, DC 20024. Telephone:
III. Stakeholder Meeting
docket number so we can attach them to (202) 707–8380. Telefax: (202) 252–
your comments. Because of security- Following the close of the comment 3423.
related problems there may be a period, OSHA will be holding a
SUPPLEMENTARY INFORMATION: Each year
significant delay in the receipt of stakeholder meeting in the Washington,
DC metropolitan area. In a future cable systems submit royalties to the
comments and intentions to participate
Federal Register notice, the Department Copyright Office for the retransmission
in stakeholder meetings by regular mail.
will announce the date and precise to their subscribers of over-the-air
Please contact the OSHA Docket Office
location of the stakeholder meeting. broadcast signals. These royalties are, in
at (202) 693–2350 for information about
This notice was prepared under the turn, distributed in one of two ways to
security procedures concerning the
direction of John L. Henshaw, Assistant copyright owners whose works were
delivery of materials by express
Secretary for Occupational Safety and included in a retransmission of an over-
delivery, hand delivery and messenger
Health. It is issued under sections 4 and the-air broadcast signal and who timely
service.
All comments and submissions will 8 of the Occupational Safety and Health filed a claim for royalties with the
be available for inspection and copying Act of 1970 (29 U.S.C. 653, 657). Copyright Office. The copyright owners
at the OSHA Docket Office at the above may either negotiate the terms of a
Issued at Washington, DC, this 27th day of settlement as to the division of the
address. Comments and submissions August, 2002.
will be posted on OSHA’s Web site at royalty funds, or the Librarian of
John L. Henshaw, Congress may convene a Copyright
www.osha.gov. OSHA cautions you Assistant Secretary of Labor.
about submitting personal information Arbitration Royalty Panel (‘‘CARP’’) to
[FR Doc. 02–22285 Filed 8–29–02; 8:45 am] determine the distribution of the royalty
such as social security numbers and
birth dates. Contact the OSHA Docket BILLING CODE 4510–26–M fees that remain in controversy. See 17
Office at (202) 693–2350 for information U.S.C. chapter 8.
During the pendency of any
about materials not available through
LIBRARY OF CONGRESS proceeding, the Librarian of Congress
the OSHA webpage and for assistance in
may distribute any amounts that are not
using the webpage to locate docket
Copyright Office in controversy, provided that sufficient
submissions.
[Docket No. 2002–8 CARP CD 2000] funds are withheld to cover reasonable
II. Background administrative costs and to satisfy all
On April 5, 2002, the Department of Ascertainment of Controversy for the claims with respect to which a
Labor announced a four-pronged 2000 Cable Royalty Funds controversy exists under his authority
comprehensive approach for addressing set forth in section 111(d)(4) of the
AGENCY: Copyright Office, Library of Copyright Act, title 17 of the United
muskuloskeletal disorders (MSDs). One Congress.
of those prongs called for OSHA to States Code. See, e.g., Orders, Docket
ACTION: Notice with request for No. 2000–6 CARP CD 98 (dated October
develop industry or task-specific
guidelines. OSHA’s first industry- comments and notices of intention to 12, 2000) and Docket No. 99–5 CARP
specific guidelines will address MSD participate. CD 97 (dated October 18, 1999).
hazards in the nursing home industry. However, the Copyright Office must,
SUMMARY: The Copyright Office of the
The draft guidelines contain an prior to any distribution of the royalty
Library of Congress directs all claimants
introduction and three main sections. fees, ascertain who the claimants are
to royalty fees collected for calendar
The introduction provides an overview and the extent of any controversy over
year 2000 under the section 111 cable
of the nature and scope of the problem the distribution of the royalty fees.
statutory license to submit comments as The CARP rules provide that:
of MSDs in nursing homes. It also to whether a Phase I or Phase II
explains the role of ergonomics in controversy exists as to the distribution In the case of a royalty fee distribution
reducing the incidence of these injuries. proceeding, the Librarian of Congress shall,
of those fees, and a Notice of Intention
The three main sections set out the after the time period for filing claims, publish
to Participate in a royalty distribution in the Federal Register a notice requesting
major components of an effective proceeding. each claimant on the claimant list to
ergonomics process: negotiate with each other a settlement of
• Management Practices—Includes a DATES: Comments and Notices of
Intention to Participate are due on their differences, and to comment by a date
discussion of management commitment certain as to the existence of controversies
and employee participation, ergonomics September 30, 2002. with respect to the royalty funds described in
training, occupational health ADDRESSES: If sent by mail, an original the notice. Such notice shall also establish a
management, and methods for and five copies of written comments date certain by which parties wishing to
evaluating a nursing home’s ergonomics and a Notice of Intention to Participate participate in the proceeding must file with
program. should be addressed to: Copyright the Librarian a notice of intention to
• Worksite Analysis—Describes Arbitration Royalty Panel (CARP), P.O. participate.
methods of identifying and evaluating Box 70977, Southwest Station, 37 CFR 251.45(a). The Copyright Office
ergonomic stressors. Washington, DC 20024. If hand may publish this notice on its own
• Control Methods—Presents 49 delivered, an original and five copies initiative, see, e.g., 64 FR 23875 (May 4,
methods that can be used to control should be brought to the Office of the 1999); in response to a motion from an

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55886 Federal Register / Vol. 67, No. 169 / Friday, August 30, 2002 / Notices

interested party, see, e.g., 65 FR 54077 2. Notice of Intention To Participate due date set forth in this notice for
(September 6, 2000), or in response to Section 251.45(a) of the rules, 37 CFR, comments on the existence of
a petition requesting that the Office requires that a Notice of Intention to controversies and the Notices of
declare a controversy and initiate a Participate be filed in order to Intention to Participate. The Motion of
CARP proceeding. In this case, the participate in a CARP proceeding, but it Phase I Claimants for Partial
Office has received a motion for a does not prescribe the contents of the Distribution is available for inspection
partial distribution of the 2000 cable Notice. Recently, in another proceeding, and copying in the Office of the General
royalty fees. the Library has been forced to address Counsel.
On July 31, 2002, representatives of the issue of what constitutes a sufficient Dated: August 27, 2002.
the Phase I claimant categories to which Notice and to whom it is applicable. See David O. Carson,
royalties have been allocated in prior 65 FR 54077 (September 6, 2000); see General Counsel.
cable distribution proceedings filed a also Orders in Docket No. 2000–2 CARP [FR Doc. 02–22255 Filed 8–29–02; 8:45 am]
motion with the Copyright Office for a CD 93–97 (June 22, 2000, and August 1, BILLING CODE 1410–33–P
partial distribution of the 2000 cable 2000). These rulings will result in a
royalty fund. The Office will consider future amendment to § 251.45(a) to
this motion after each interested party specify the content of a properly filed
has been identified by filing the Notice Notice. In the meantime, the Office MEDICARE PAYMENT ADVISORY
of Intention to Participate requested advises those parties filing Notices of COMMISSION
herein and had an opportunity to file Intention to Participate in this
responses to the motion. proceeding to comply with the Commission Meeting
1. Comments on the Existence of following instructions.
Each claimant that has a dispute over AGENCY: Medicare Payment Advisory
Controversies
the distribution of the 2000 cable Commission.
Before commencing a distribution royalty fees, either at Phase I or Phase ACTION: Notice of meeting.
proceeding or making a partial II, shall file a Notice of Intention to
distribution, the Librarian of Congress Participate that contains the following:
SUMMARY: The Commission will hold its
must first ascertain whether a (1) The claimant’s full name, address,
next public meeting on Thursday,
controversy exists as to the distribution telephone number, and facsimile
September 12, 2002, and Friday,
of the royalty fees and the extent of number (if any); (2) identification of
September 13, 2002, at the Ronald
those controversies. 17 U.S.C. 803(d). whether the Notice covers a Phase I
Reagan Building, International Trade
Therefore, the Copyright Office is proceeding, a Phase II proceeding, or
Center, 1300 Pennsylvania Avenue,
requesting comment on the existence both; and (3) a statement of the
NW., Washington, DC. The meeting is
and extent of any controversies, at Phase claimant’s intention to fully participate
tentatively scheduled to begin at 10 a.m.
I and Phase II, as to the distribution of in a CARP proceeding.
on September, and at 9 a.m. on
the 2000 cable royalty fees. Claimants may, in lieu of individual
September 13.
In Phase I of a cable royalty Notices of Intention to Participate,
submit joint Notices. In lieu of the Topics for discussion include:
distribution, royalties are distributed to assessing payment adequacy;
certain categories of broadcast requirement that the Notice contain the
claimant’s name, address, telephone streamlining cost reports; monitoring
programming that has been beneficiaries’ access to care; survey of
retransmitted by cable systems. The number and facsimile number, a joint
Notice shall provide the full name, physicians about Medicare; Medicare
categories have traditionally been payment for physician services
syndicated programming and movies, address, telephone number, and
facsimile number (if any) of the person compared to private payers; competitive
sports, commercial and noncommercial bidding for durable medical equipment;
broadcaster-owned programming, filing the Notice and it shall contain a
list identifying all the claimants that are social HMO (SHMO) demonstration
religious programming, music project; SNF services in
programming, and Canadian parties to the joint Notice. In addition,
if the joint Notice is filed by counsel or Medicare+Choice; payment for new
programming. The Office seeks technology; 2003 hospital outpatient
comments as to the existence and extent a representative of one or more of the
claimants identified in the joint Notice, PPS proposed rule; and Medicare
of controversies between these payment for prescription drugs under
categories for royalty distribution. the joint Notice shall contain a
statement from such counsel or part B.
In Phase II of a cable royalty representative certifying that, as of the Agendas will be mailed on Thursday,
distribution, royalties are distributed to date of submission of the joint Notice, September 5, 2002. The final agenda
claimants within a program category. If such counsel or representative has the will be available on the Commission’s
a claimant anticipates a Phase II authority and consent of the claimants Web site (www.MedPAC.gov).
controversy, the claimant must state to represent them in the CARP
each program category in which he or ADDRESSES: MedPAC’s address is: 601
proceeding.
she has an interest that has not, by the Notices of Intention to Participate New Jersey, NW., Suite 9000,
end of the comment period, been must be received in the Office of the Washington, DC 20001. The telephone
satisfied through a settlement agreement Copyright General Counsel no later than number is (202) 220–3700.
and the extent of the controversy. 5 p.m. on September 30, 2002. FOR FURTHER INFORMATION CONTACT:
The Copyright Office must be advised Diane Ellison, Office Manager, (202)
of the existence and extent of all Phase 3. Motion of Phase I Claimants for
Partial Distribution 220–3700.
I and Phase II controversies by the end
of the comment period. It will not A claimant who is not a party to the Lu Zawistowich,
consider any controversies that come to motion, but who files a Notice of Acting Executive Director.
its attention after the close of that Intention to Participate, may file a [FR Doc. 02–22161 Filed 8–27–02; 8:45 am]
period. response to the motion no later than the BILLING CODE 6820–BW–M

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