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2912 Federal Register / Vol. 67, No.

14 / Tuesday, January 22, 2002 / Notices

violation of 21 U.S.C. 830(a)(3) and pseudoephedrine seized at the registration and distribution of List I
842(a)(9) and 21 CFR 1310.07. The types clandestine methamphetamine chemicals, makes questionable PPI’s
of evidence constituting proof of laboratory on June 9, 1998, was shipped and Mr. Price’s commitment to the DEA
identity are set forth at § 1310.07. That from PPI. If PPI had attempted to verify regulatory requirements designed to
regulation states that the existence and the legitimacy of Gardner’s Littlehouse protect the public from the diversion of
apparent validity of a business entity Minimart in accordance with its legal controlled substances and listed
should be checked by telephone duty, it is likely that neither the May 8 chemicals. Aseel Incorporated,
directory, the local credit bureau, the nor the May 27, 1998 shipments of List Wholesale Division, 66 FR 35,459
local Chamber of Commerce or Better I chemicals would have been shipped (2001); Terrence E. Murphy, 61 FR 2841
Business Bureau, or if the business and later seized at the clandestine (1996). Indeed, this case is a prime
entity is a registrant by verifying its DEA methamphetamine laboratory. example of the dangers created by the
registration. Regarding sales to Regarding factor three, there is no failure to follow applicable law
individuals or cash purchasers, the evidence that the applicant or Niles S. regarding the distribution of listed
regulation states that the purchaser’s Price has any record of convictions chemicals. PPI’s List I chemical
signature, driver’s license, and at least related to controlled substances or to products, distributed in violation of
one other form of identification are chemicals controlled under Federal or statutory law and regulation, were
required. State law. discovered in significant quantities at a
Section 830(a)(3) requires that each Regarding factor four, the applicant’s clandestine methamphetamine
regulated person who engages in a past experience in the distribution of laboratory site, together with a quantity
regulated transaction to identify each chemicals, the Administrator finds that of finished methamphetamine. If PPI
other party to the transaction. PPI is a the DEA investigation revealed that the had complied with applicable law, it is
‘‘regulated person’’ because it is a applicant significantly violated doubtful that these List I chemicals
distributor of listed chemicals. 21 U.S.C. applicable law, as set forth above. would have reached the hands of drug
802(38). PPI engaged in at least one Regarding factor five, other factors traffickers.
‘‘regulated transaction’’ when it shipped relevant to and consistent with the Therefore, for the above-stated
its May 27, 1998, Federal Express public safety, the Administrator finds reasons, the Administrator concludes
package containing an aggregate amount that PPI, through its owner Niles S. that it would be inconsistent with the
of 1134 grams of pseudoephedrine, Price, significantly violated applicable public interest to grant the application
exceeding the cumulative monthly law by distributing List I chemicals of Price’s Power International. The
threshold of one kilogram for that without being registered to do so, and
evidence indicates that the applicant
chemical established by 21 CFR by failing to identify the other parties to
has violated applicable law by
1310.04(f)(1). See 21 U.S.C. regulated List I chemical transactions.
distributing List I chemicals while not
802(39)(A)(II). There is evidence to Mr. Price stated during the June 10,
registered with DEA, and by failing to
show that the prior May 8, 1998, PPI 1998, interview with the DEA
identify other parties to regulated
shipment to Gardner’s Littlehouse Richmond R/O D/I that he was award of
Minimart contained approximately 666 the chemical laws regarding the
Accordingly, the Administrator of the
grams of pseudoephedrine, increasing distribution of listed chemicals, and was
Drug Enforcement Administration,
PPI’s distribution in excess of the in the process of obtaining a DEA
pursuant to the authority vested in him
cumulative monthly threshold for this Registration. Yet, on at least three
by 21 U.S.C. 823 and 28 CFR 0.100(b)
List I chemical. occasions following this statement, Mr.
and 0.104, hereby orders that the
It is clear from the facts of this case Price through PPI continued to
application for a DEA Certification of
that PPI consistently violated the proof distribute List I chemicals in response to
orders submitted by undercover DEA Registration submitted by Aseel be
of identity requirement. PPI sent at least
Special Agents. PPI even continued to denied. This order is effective February
two Federal Express packages
distribute List I chemicals following the 21, 2001.
containing List I chemicals about two
weeks apart to Gardner’s Littlehouse August 6, 1998, visit by the three DEA December 21, 2001.
Minimart. The DEA investigation Special Agents, who informed Mr. Price Asa Hutchinson,
showed that both this business entity by both written and oral notice that he Administrator.
and address were nonexistent. A proper could not distribute listed chemicals [FR Doc. 02–1415 Filed 1–18–02; 8:45 am]
attempt to prove the identity of until he was registered with DEA. BILLING CODE 4410–09–M
Gardner’s Littlehouse Minimart in Subsequently, on or about September 1,
accordance with PPI’s legal duty should 1998, PPI shipped additional List I
have raised issues regarding the validity chemicals in response to an order from
of this business entity, preventing the an undercover DEA Special Agent. In
May 8, 1998, Federal Express shipment addition, at PPI’s December 9, 1998, Copyright Office
of List I chemicals. PPI’s contacting the preregistration inspection, Mr. Price
Federal Express office in Kansas in an stated to investigators that he requires [Docket No. 2001–7 CARP SD 2000]
effort to locate this package indicated customers to fax a copy of their driver’s
license prior to purchases, and that he Ascertainment of Controversy for the
that PPI knew something was amiss.
only ships to the address listed on the 2000 Satellite Royalty Funds
What renders PPI’s conduct especially
egregious in this case is that about two license. Yet Mr. Price did not request AGENCY: Copyright Office, Library of
weeks later, on or about May 27, 1998, any form of identification whatsoever Congress.
it sent another package containing List for any of the five undercover purchases ACTION: Request for notices of intention
I chemicals to the same bogus business made by DEA Special Agents previously to participate.
entity at the same bogus address, and set forth above. The Administrator finds
again had to call Federal Express in this lack of candor, taken together with SUMMARY: The Copyright Office of the
Kansas in an effort to locate the package. PPI’s and Mr. Price’s demonstrated Library of Congress directs all claimants
There is substantial documentary cavalier disregard of the statutory law to royalty fees collected under the
evidence to indicate that much of the and regulations concerning the section 119 statutory license in 2000 to

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Federal Register / Vol. 67, No. 14 / Tuesday, January 22, 2002 / Notices 2913

submit comments as to whether a Phase collection of 2000 and 2001 royalties Consequently, the Office is setting a
I or a Phase II controversy exists as to submitted under 17 U.S.C. 119(b) for the later date for filing a Notice of Intention
the distribution of these fees, and a satellite feed. to Participate in a proceeding to decide
Notice of Intention to Participate in a On November 6, 2001, the Motion the distribution of the 2000 satellite
royalty distribution proceeding. Parties Picture Association of America, Inc. royalty fees than that requested in the
who submit a Notice of Intention to (‘‘MPAA’’) filed a motion seeking an MPAA comment. Notices of Intention to
Participate may also submit comments extension of the November 29, 2001, Participate in such a proceeding shall be
on the Public Broadcasting Service’s deadline to January 15, 2002. MPAA due no later than February 1, 2002.
motion for a partial distribution and the asserted that it could not submit its Section 251.45(a) of title 37 of the
scheduling of a CARP proceeding. Notice of Intention to Participate until it Code of Federal Regulations requires
DATES: Comments and Notices of had an opportunity to examine the list that parties file a Notice of Intention to
Intention to Participate are due no later of claimants who had filed for the 2000 Participate in a CARP proceeding, but it
than February 1, 2002. satellite funds. This list was not made does not prescribe the contents of the
ADDRESSES: If sent by mail, an original available to the public until early notice. The Office, however, has
and five copies of written comments December. Consequently, in response to addressed the issue of what constitutes
should be addressed to: Copyright the MPAA motion, the Office suspended a sufficient Notice and to whom it is
Arbitration Royalty Panel (CARP), P.O. the November 29, 2001, date for filing applicable. See Orders in Docket No.
Box 70977, Southwest Station, comments and Notices of Intention to 2000–2 CARP CD 93–97 (June 22, 2000,
Washington, DC 20024. If hand Participate and requested comments on and August 1, 2000); see also 65 FR
delivered, an original and five copies MPAA’s motion. See 66 FR 58761 54077 (Sept. 6, 2000). In light of these
should be brought to: Office of the (November 23, 2001). rulings, the Office advises those parties
General Counsel, James Madison Three parties filed comments in filing Notices of Intention to Participate
Memorial Building, Room 403, First and response to this notice: the Public in this proceeding to comply with the
Independence Avenue, SE., Broadcasting Service, the MPAA, and following instructions.
Washington, DC 20540. the Joint Sports Claimants (‘‘JSC’’). In its Each claimant that has a dispute over
comment, JSC stated that it was the distribution of the 2000 satellite
prepared to file its Notices of Intention royalty fees, either at Phase I or Phase
David O. Carson, General Counsel, or II, shall file a Notice of Intention to
William J. Roberts, Jr., Senior Attorney to Participate at any time and provided
additional comment on the scheduling Participate that contains the following:
for Compulsory Licenses, Copyright (1) The claimant’s full name, address,
Arbitration Royalty Panels, P.O. Box of the proceeding. Similarly, PBS had
no apparent objection to the MPAA telephone number, and facsimile
70977, Southwest Station, Washington, number (if any); (2) identification of
D.C. 20024. Telephone (202) 707–8380. request but it did ask that the date for
filing the requisite notices not be whether the Notice covers a Phase I
Telefax: (202) 252–3423. proceeding, a Phase II proceeding, or
SUPPLEMENTARY INFORMATION: Each year extended beyond the January 15, 2002
date identified by MPAA in its motion both; and (3) a statement of the
satellite carriers submit royalties to the claimant’s intention to fully participate
Copyright Office for the retransmission and that the PBS motion for a
distribution of the disputed funds be in a CARP proceeding.
of over-the-air broadcast signals to their Claimants may, in lieu of individual
subscribers. 17 U.S.C. 119. These expedited upon the filing of the notices.
Notices of Intention to Participate,
royalties are, in turn, distributed to MPAA, for its part, acknowledged that
submit joint Notices. In lieu of the
copyright owners whose works were with the release of the 2000 satellite
requirement that the Notice contain the
included in a retransmission of an over- claimant list it was now able to prepare
claimant’s name, address, telephone
the-air broadcast signal and for whom a its Notice of Intention to Participate.
number and facsimile number, a joint
claim for royalties was timely filed with However, it argued that the Office
Notice shall provide the full name,
the Copyright Office. The copyright should give the parties a minimum of
address, telephone number, and
owners may either negotiate the terms of 30–45 days after the release of the list
facsimile number (if any) of the person
a settlement as to the division of the to prepare and file the notices and
filing the Notice and it shall contain a
royalty fees, or the Librarian of Congress suggested January 25, 2002, as an list identifying all the claimants that are
may convene a Copyright Arbitration appropriate date for filing the Notices of parties to the joint Notice. In addition,
Royalty Panel (‘‘CARP’’) to determine Intention. MPAA also offered comments if the joint Notice is filed by counsel or
the distribution of the royalty fees that on scheduling.1 a representative of one or more of the
remain in controversy. See 17 U.S.C. Notices of Intention to Participate. claimants identified in the joint Notice,
chapter 8. Since the Notices of Intention to the joint Notice shall contain a
On October 30, 2001, the Library of Participate must list the name of each statement from such counsel or
Congress published a Notice in the copyright owner on whose behalf the representative certifying that, as of the
Federal Register requesting comments notice is being filed, the Office agrees date of submission of the joint Notice,
from interested parties as to the that interested parties should have such counsel or representative has the
existence of controversies over the adequate time to review the official list authority and consent of the claimants
distribution of 2000 satellite royalty fees of satellite claimants for 2000 before to represent them in the CARP
collected under 17 U.S.C. 119; 66 FR being required to file a Notice of proceeding.
54789 (October 30, 2001). The Library Intention to Participate in a proceeding Motion of Public Broadcasting Service
requested that interested parties submit concerning the distribution of the 2000 for Distribution of PBS National
their comments, along with Notices of satellite royalty fees. Moreover, Satellite Feed Royalty Funds for
Intention to Participate in the 2000 interested parties must have adequate Calendar Years 2000 and 2001. On June
distribution proceeding, by November notice of the date for filing such notices. 21, 2001, PBS filed a motion for
29, 2001. In addition, the Library sought 1 MPAA’s and JSC’s comments on scheduling
distribution of PBS national satellite
comment on a petition for royalty were unsolicited and beyond the scope of the
feed royalty fees for calendar years 2000
distribution filed by the Public November 23, 2001 notice and, thus, will not be and 2001 and sent a copy of the motion
Broadcasting Service (‘‘PBS’’), seeking considered at this time. to those entities that have participated

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2914 Federal Register / Vol. 67, No. 14 / Tuesday, January 22, 2002 / Notices

in past satellite distribution The Copyright Office must be advised and clarity of the information on
proceedings. In an earlier notice, the of the existence and extent of all Phase respondents, including through the use
Office determined that, as a matter of I and Phase II controversies by the end of automated collection techniques of
law, consideration of a distribution of of the comment period. It will not other forms of information collection
the 2001 satellite royalty fees was consider any controversies that come to techniques or other forms of information
premature. See 66 FR 54789 (October its attention after the close of that technology; and (d) ways to minimize
30, 2001). Consequently, the Office period. the burden of the collection of
stated that it would consider the PBS Schedule of CARP proceeding. information on respondents, including
motion only so far as it concerns the Outstanding controversies concerning through the use of automated collection
distribution of the 2000 satellite royalty the distribution of 1996, 1997, 1998, and techniques or other forms of information
fees and only after all interested parties 1999 satellite royalty fees still remain. technology.
have been identified by filing the Before setting a schedule for a CARP DATES: Written comments should be
Notices of Intention requested herein proceeding to resolve any controversies received by March 25, 2002 to be
and such parties have had an over the distribution of the 2000 assured of consideration. Comments
opportunity to respond to the motion. satellite royalty fees at issue in the PBS received after that date would be
Id. motion, the Office must first decide considered to the extent practicable.
Parties who file Notices of Intention whether to resolve the remaining ADDRESSES: Written comments
to Participate in this proceeding in controversies in the preceding years or regarding the information collection and
accordance with this notice may, at this set these aside and focus on the requests for copies of the proposed
time, file comments on the PBS motion. distribution of the 2000 satellite royalty information collection request should be
The Copyright Office has posted the fees as requested by PBS. Therefore, the addressed to Suzanne Plimpton, Reports
PBS motion for distribution of PBS Office invites comments from all Clearance Officer, National Science
national satellite feed royalty funds for interested parties on whether to Foundation, 4201 Wilson Blvd., Rm.
2000–2001 on the Copyright Office continue to conduct distribution 295, Arlington, VA 22230, or by e-mail
website at: ( proceedings in a sequential manner as to
copyright/carp/pbsmotion.pdf). The has been the practice historically or to FOR FURTHER INFORMATION CONTACT:
motion is also available for copying in set aside the unresolved controversies in Suzanne Plimpton on (703) 292–7556 or
the Office of the General Counsel along the earlier years and proceed send email to
with any additional responsive filings immediately to the controversies Individuals who use a
that have been filed in the Office of the surrounding the 2000 satellite royalty telecommunications device for the deaf
General Counsel. fees. (TDD) may call the Federal Information
Comments on the Existence of Dated: January 16, 2002. Relay Service (FIRS) at 1–800–877–8339
Controversies. Before commencing a David O. Carson, between 8 a.m. and 8 p.m., Eastern time,
distribution proceeding or making a General Counsel. Monday through Friday.
partial distribution, the Librarian of SUPPLEMENTARY INFORMATION:
[FR Doc. 02–1543 Filed 1–18–02; 8:45 am]
Congress must first ascertain whether a Title of Collection: The Cross Site
controversy exists as to the distribution Analysis of the national Science
of the royalty fees and the extent of Foundation’s Local Systemic Change
those controversies. 17 U.S.C. 803(d). Through Teacher Enhancement Program
Therefore, any comments filed in NATIONAL SCIENCE FOUNDATION
response to the PBS motion as to the OMB Control No.: 3145–0161.
distribution of the 2000 satellite fees Agency Information Collection
Activities: Proposed Collection; Expiration Date of Approval: May 31,
must address the existence and extent of 2002.
any controversies at Phase I and Phase Comment Request
Abstract: The National Science
II. AGENCY: National Science Foundation. Foundation (NSF) requests an extension
In Phase I of a satellite royalty ACTION: Notice. of approval of instruments to be used in
distribution, royalties are distributed to the evaluation of the Local Systemic
certain categories of broadcast SUMMARY: The National Science Change (LSC) through Teach
programming that have been Foundation (NSF) is announcing plans Enhancement Program that were
retransmitted by satellite carriers. The to request clearance of this collection. In previously approved through May 2002
categories have traditionally been accordance with this requirement of (OMB No. 3145–0136). The surveys are
syndicated programming and movies, section 3506(c)(2)(A) of the Paperwork part of the ongoing data collection for
sports, commercial and noncommercial Reduction Act of 1995, we are providing the program-wide evaluation of the LSC.
broadcaster-owned programming, opportunity for public comment on this Each of the 72 currently funded projects
religious programming, and music action. After obtaining and considering administers teacher and principal
programming. The Office seeks public comment, NSF will prepare the questionnaires and conducts teacher
comments as to controversies between submission requesting OMB clearance interviews at appropriate times during
these categories for royalty distribution. of this collection for no longer than 3 the school year based on the program
In Phase II of a satellite royalty years. evaluation design.
distribution, royalties are distributed to Comments are invited on: (a) Whether These surveys have been ongoing for
claimants within a program category. If the proposed collection of information a number of years in LSC projects
a claimant anticipates a Phase II is necessary for the proper performance funded by NSF. The LSC program is a
controversy, the claimant must state of the functions of the Agency, large-scale effort to modify the nature of
each program category in which he or including whether the information shall teach in-service training (or professional
she has an interest that has not, by the have practical utility; (b) the accuracy of development) provided to mathematics
end of the comment period, been the Agency’s estimate of the burden of and science teachers in a large number
satisfied through a settlement the proposed collection of information; of school districts across the country.
agreement. (c) ways to enhance the quality, utility, Currently there are 72 projects funded at

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