Library of Congress License Agreements, 29003-29004 [2017-13342]
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Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations
vessels of the event, and general users
of the waterway. Our regulation for the
Southern California Annual Firework
Events for the San Diego Captain of the
Port Zone identifies the regulated area
for this event. During the enforcement
period, no spectators shall anchor,
block, loiter in, or impede the transit of
official patrol vessels in the regulated
area without the approval of the Captain
of the Port, or his designated
representative.
The regulations in 33 CFR
165.1123 will be enforced from 8 p.m.
through 10 p.m. on July 4, 2017, for Item
3 in Table 1 of Section 165.1123.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this publication,
call or email Lieutenant Robert Cole,
Waterways Management, U.S. Coast
Guard Sector San Diego, CA; telephone
619–278–7656, email
D11MarineEventsSD@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce the regulations in 33
CFR 165.1123 for a safety zone on the
waters of Glorietta Bay, CA for the
Coronado Glorietta Bay Fourth of July
Fireworks in 33 CFR 165.1123, Table 1,
Item 3 of that section, from 8 p.m.
through 10 p.m. on July 4, 2017. This
enforcement action is being taken to
provide for the safety of life on
navigable waterways during the
fireworks event. Our regulation for
Southern California Annual Firework
Events for the San Diego Captain of the
Port Zone identifies the regulated area
for the this event. Under the provisions
of 33 CFR 165.1123, a vessel may not
enter the regulated area, unless it
receives permission from the Captain of
the Port, or his designated
representative. Spectator vessels may
safely transit outside the regulated area
but may not anchor, block, loiter, or
impede the transit of participants or
official patrol vessels. The Coast Guard
may be assisted by other Federal, State,
or Local law enforcement agencies in
enforcing this regulation.
This document is issued under
authority of 33 CFR 165.1123 and 5
U.S.C. 552(a). In addition to this
document in the Federal Register, the
Coast Guard will provide the maritime
community with advance notification of
this enforcement period via the Local
Notice to Mariners and local advertising
by the event sponsor.
If the Captain of the Port or his
designated representative determines
that the regulated area need not be
enforced for the full duration stated on
this document, he or she may use a
Broadcast Notice to Mariners or other
communications coordinated with the
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event sponsor to grant general
permission to enter the regulated area.
Dated: June 10, 2017.
E.M. Cooper,
Commander, U.S. Coast Guard, Acting
Captain of the Port San Diego.
[FR Doc. 2017–13431 Filed 6–26–17; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
36 CFR Part 701
[Docket No. LOC 2017–1]
Library of Congress License
Agreements
Library of Congress.
Final rule.
The Library of Congress is
issuing this final rule regarding license
agreements and similar agreements and
instruments entered into by it. The rule
will prevent the Library from potentially
violating the Anti-Deficiency Act and
other restrictions under Federal law,
preserve the Library’s rights under
copyright law in regard to electronic
resources and software, and streamline
the Library’s contracting and collections
acquisitions processes for these
electronic resources and software.
DATES: Effective June 27, 2017.
FOR FURTHER INFORMATION CONTACT:
Elizabeth A. Pugh, General Counsel,
Office of the General Counsel, Library of
Congress, Washington, DC 20540–1050.
Telephone No. (202) 707–6316.
SUPPLEMENTARY INFORMATION: The
Librarian of Congress is authorized to
make regulations with respect to the
Library of Congress (2 U.S.C. 136). Since
neither the Federal Register Act nor the
Administrative Procedure Act has
binding effect on the legislative branch,
the Library of Congress is not required
to publish its regulations in the CFR.
However, as the purpose of the CFR is
to notify industry, general business, and
the people (Toledo, P. & W.R.R. v.
Stover, 60 F. Supp. 587 (S.D. Ill. 1945)),
it is appropriate for the Library to
publish those regulations which affect
the rights and responsibilities of, and
restrictions on, the public. Further, 1
CFR 5.3 allows documents ‘‘in the
public interest’’ to be published in the
Federal Register even if they are not
required to be published under the
Federal Register Act and 1 CFR 5.2.
The regulation governs license
agreements and similar agreements and
instruments entered into by the Library
of Congress. The regulation establishes
terms for these agreements intended to
prevent the Library from incurring
SUMMARY:
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obligations that would potentially
violate the Anti-Deficiency Act and
other restrictions imposed by Federal
law, to preserve the Library’s rights
under U.S., foreign, and international
copyright law, and to protect the
Library’s ability to make use of
computer software and other materials it
licenses. In addition, this regulation is
intended to streamline the contracting
and collections acquisitions processes
for the Library and for licensors by
enabling the Library to avoid the need
to negotiate specific terms addressing
these matters in each license agreement
into which it enters.
List of Subjects in 36 CFR Part 701
Libraries, Government contracts,
Government procurement.
AGENCY:
ACTION:
29003
Final Regulation
For the reasons set forth in the
preamble, the Library of Congress
amends 36 CFR part 701 as follows:
PART 701—PROCEDURES AND
SERVICES
1. The authority citation for part 701
continues to read:
■
Authority: 2 U.S.C. 136; 18 U.S.C. 1017.
■
2. Add § 701.7 to read as follows:
§ 701.7 Certain terms in license
agreements.
(a) Definitions. (1) Computer software
has the meaning provided in 48 CFR
2.101.
(2) License agreement means any
license agreement, subscription
agreement, end user license agreement
(EULA), terms of service (TOS), or
similar legal instrument or agreement.
(b) Purpose. The purpose of this part
is to accommodate the Library of
Congress’ legal status as a Federal
agency of the United States and assure
that the Library of Congress, when
entering into license agreements,
follows applicable Federal laws and
regulations, including those related to
fiscal law constraints, governing law,
venue, and legal representation; to
preserve the Library’s rights under U.S.,
foreign, and international copyright law;
and to preserve the Library’s ability to
make use of computer software and
other materials it licenses.
(c) Applicability. (1) The clauses set
forth in paragraph (d) of this section are
deemed to be inserted into each license
agreement to which the Library of
Congress is a party with the same force
and effect as if set forth therein,
notwithstanding any provision thereof
to the contrary. In addition, the clauses
in paragraph (e) of this section are
deemed to be inserted into each license
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29004
Federal Register / Vol. 82, No. 122 / Tuesday, June 27, 2017 / Rules and Regulations
agreement to which the Library of
Congress is a party, other than license
agreements for the license of computer
software to the Library of Congress, with
the same force and effect as if set forth
therein, notwithstanding any provision
thereof to the contrary. If any term of a
license agreement (at the time the
license agreement is executed or as it
may be amended in the future) conflicts
with or imposes any additional
obligations on the Library of Congress
with respect to a matter addressed by
any of the clauses that are deemed to
have been inserted into the license
agreement as described above, the
following shall apply:
(i) Such term is unenforceable against
the Library of Congress unless otherwise
expressly authorized by Federal law and
specifically authorized under applicable
Library of Congress regulations and
procedures;
(ii) Neither the Library of Congress
nor its employees shall be deemed to
have agreed to such term by virtue of
the term appearing in any license
agreement;
(iii) Such term is stricken from the
license agreement; and
(iv) The terms of the clauses of this
section incorporated in the license
agreement shall control.
(2) The Library of Congress is not
bound by a license agreement unless it
is entered into on behalf of the Library
of Congress by a person having the
authority to contract referred to in
§ 701.4.
(3) The Library of Congress is bound
only by terms that are in writing and
included in license agreements
(including hard copy and electronic
license agreements) entered into on
behalf of the Library of Congress by a
person having the authority to contract
referred to in § 701.4.
(4) If any provisions are invoked
through an ‘‘I agree’’ click box or other
comparable mechanism (e.g., ‘‘clickwrap’’ or ‘‘browse-wrap’’ agreements),
such provisions do not bind the Library
of Congress or any Library of Congress
authorized end user to such provisions,
unless agreed to on behalf of the Library
of Congress by a person having the
authority to contract referred to in
§ 701.4.
(d) Provisions applicable to all license
agreements. The following clauses are
deemed to be inserted into each license
agreement to which the Library of
Congress is a party:
Unauthorized Obligations
The Library of Congress shall not be bound
by any provision that may or will cause the
Library of Congress or its employees to make
or authorize an expenditure from, or create
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or authorize an obligation under, any
appropriation or fund in excess of the
amount available in the appropriation or
fund, that would create an Anti-Deficiency
Act (31 U.S.C. 1341) violation. Such
provisions include, for example, automatic
renewal of the agreement, penalty payments
by the Library of Congress, indemnification
by the Library of Congress, and payment by
the Library of Congress of taxes or surcharges
not specifically included in the price for the
license.
Liability
The liability of the Library of Congress and
its obligations resulting from any breach of
this agreement, or any claim arising from this
agreement, shall be determined exclusively
under 28 U.S.C. 1346, 28 U.S.C. 1491, or
other governing Federal authority.
Representation
The conduct of, and representation of the
Library of Congress in, any litigation in
which the Library of Congress is a party, or
is interested, are reserved exclusively to the
United States Department of Justice as
provided for in 28 U.S.C. 516.
Governing Law
This agreement shall be governed for all
purposes by and construed in accordance
with the Federal laws of the United States of
America.
Venue
Venue for any claim under this agreement
shall lie exclusively in the Federal courts of
the United States, as provided in 28 U.S.C.
1346 and 28 U.S.C. 1491. Any action
commenced in a State court that is against or
directed to the Library of Congress may be
removed by the United States Government to
Federal district court in accordance with 28
U.S.C. 1442.
Dispute Resolution
The Library of Congress does not agree to
submit to any form of binding alternative
dispute resolution, including, without
limitation, arbitration.
Order of Precedence
Notwithstanding any provision of this
agreement (including any addendum,
schedule, appendix, exhibit, or other
attachment to or order issued under this
agreement), in the event of any conflict
between the provisions of this agreement and
the provisions of the clauses incorporated
into this agreement pursuant to 36 CFR
701.7, the provisions of the clauses
incorporated pursuant to 36 CFR 701.7 shall
control.
Commercial Computer Software
As used in this clause, ‘‘commercial
computer software’’ has the meaning
provided in 48 CFR 2.101.
The provisions of the clause regarding the
license of commercial computer software set
forth in 48 CFR 52.227–19 are incorporated
into this agreement with the same force and
effect as if set forth herein, with all necessary
changes deemed to have been made, such as
replacing references to the Government with
references to the Library of Congress.
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(e) Additional provisions applicable
to license agreements other than for
license of computer software. In
addition to the clauses deemed to be
incorporated into license agreements
pursuant to paragraph (d) of this
section, the following clauses are
deemed to be inserted into each license
agreement to which the Library of
Congress is a party, other than for the
license of computer software to the
Library of Congress:
Unauthorized Uses
The Library of Congress shall not be liable
for any unauthorized uses of materials
licensed by the Library of Congress under
this agreement by Library of Congress patrons
or by unauthorized users of such materials,
and any such unauthorized use shall not be
deemed a material breach of this agreement.
Rights Under Copyright Law
The Library of Congress does not agree to
any limitations on its rights (e.g., fair use,
reproduction, interlibrary loan, and
archiving) under the copyright laws of the
United States (17 U.S.C. 101 et seq.), and
related intellectual property rights under
foreign law, international law, treaties,
conventions, and other international
agreements.
Dated: June 20, 2017.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2017–13342 Filed 6–26–17; 8:45 am]
BILLING CODE 1410–10–P
POSTAL SERVICE
39 CFR Part 20
International Mail Manual;
Incorporation by Reference
Postal ServiceTM.
ACTION: Final rule.
AGENCY:
The Postal Service announces
the issuance of the Mailing Standards of
the United States Postal Service,
International Mail Manual (IMM®)
dated January 22, 2017, and its
incorporation by reference in the Code
of Federal Regulations.
DATES: This final rule is effective on
June 27, 2017. The incorporation by
reference of the IMM is approved by the
Director of the Federal Register as of
June 27, 2017.
FOR FURTHER INFORMATION CONTACT:
Lizbeth Dobbins, (202) 268–3789.
SUPPLEMENTARY INFORMATION: The
International Mail Manual was issued
on January 22, 2017, and was updated
with Postal Bulletin revisions through
January 5, 2017. It replaced all previous
editions. The IMM continues to enable
SUMMARY:
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]]>Agencies
[Federal Register Volume 82, Number 122 (Tuesday, June 27, 2017)]
[Rules and Regulations]
[Pages 29003-29004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13342]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
36 CFR Part 701
[Docket No. LOC 2017-1]
Library of Congress License Agreements
AGENCY: Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Library of Congress is issuing this final rule regarding
license agreements and similar agreements and instruments entered into
by it. The rule will prevent the Library from potentially violating the
Anti-Deficiency Act and other restrictions under Federal law, preserve
the Library's rights under copyright law in regard to electronic
resources and software, and streamline the Library's contracting and
collections acquisitions processes for these electronic resources and
software.
DATES: Effective June 27, 2017.
FOR FURTHER INFORMATION CONTACT: Elizabeth A. Pugh, General Counsel,
Office of the General Counsel, Library of Congress, Washington, DC
20540-1050. Telephone No. (202) 707-6316.
SUPPLEMENTARY INFORMATION: The Librarian of Congress is authorized to
make regulations with respect to the Library of Congress (2 U.S.C.
136). Since neither the Federal Register Act nor the Administrative
Procedure Act has binding effect on the legislative branch, the Library
of Congress is not required to publish its regulations in the CFR.
However, as the purpose of the CFR is to notify industry, general
business, and the people (Toledo, P. & W.R.R. v. Stover, 60 F. Supp.
587 (S.D. Ill. 1945)), it is appropriate for the Library to publish
those regulations which affect the rights and responsibilities of, and
restrictions on, the public. Further, 1 CFR 5.3 allows documents ``in
the public interest'' to be published in the Federal Register even if
they are not required to be published under the Federal Register Act
and 1 CFR 5.2.
The regulation governs license agreements and similar agreements
and instruments entered into by the Library of Congress. The regulation
establishes terms for these agreements intended to prevent the Library
from incurring obligations that would potentially violate the Anti-
Deficiency Act and other restrictions imposed by Federal law, to
preserve the Library's rights under U.S., foreign, and international
copyright law, and to protect the Library's ability to make use of
computer software and other materials it licenses. In addition, this
regulation is intended to streamline the contracting and collections
acquisitions processes for the Library and for licensors by enabling
the Library to avoid the need to negotiate specific terms addressing
these matters in each license agreement into which it enters.
List of Subjects in 36 CFR Part 701
Libraries, Government contracts, Government procurement.
Final Regulation
For the reasons set forth in the preamble, the Library of Congress
amends 36 CFR part 701 as follows:
PART 701--PROCEDURES AND SERVICES
0
1. The authority citation for part 701 continues to read:
Authority: 2 U.S.C. 136; 18 U.S.C. 1017.
0
2. Add Sec. 701.7 to read as follows:
Sec. 701.7 Certain terms in license agreements.
(a) Definitions. (1) Computer software has the meaning provided in
48 CFR 2.101.
(2) License agreement means any license agreement, subscription
agreement, end user license agreement (EULA), terms of service (TOS),
or similar legal instrument or agreement.
(b) Purpose. The purpose of this part is to accommodate the Library
of Congress' legal status as a Federal agency of the United States and
assure that the Library of Congress, when entering into license
agreements, follows applicable Federal laws and regulations, including
those related to fiscal law constraints, governing law, venue, and
legal representation; to preserve the Library's rights under U.S.,
foreign, and international copyright law; and to preserve the Library's
ability to make use of computer software and other materials it
licenses.
(c) Applicability. (1) The clauses set forth in paragraph (d) of
this section are deemed to be inserted into each license agreement to
which the Library of Congress is a party with the same force and effect
as if set forth therein, notwithstanding any provision thereof to the
contrary. In addition, the clauses in paragraph (e) of this section are
deemed to be inserted into each license
[[Page 29004]]
agreement to which the Library of Congress is a party, other than
license agreements for the license of computer software to the Library
of Congress, with the same force and effect as if set forth therein,
notwithstanding any provision thereof to the contrary. If any term of a
license agreement (at the time the license agreement is executed or as
it may be amended in the future) conflicts with or imposes any
additional obligations on the Library of Congress with respect to a
matter addressed by any of the clauses that are deemed to have been
inserted into the license agreement as described above, the following
shall apply:
(i) Such term is unenforceable against the Library of Congress
unless otherwise expressly authorized by Federal law and specifically
authorized under applicable Library of Congress regulations and
procedures;
(ii) Neither the Library of Congress nor its employees shall be
deemed to have agreed to such term by virtue of the term appearing in
any license agreement;
(iii) Such term is stricken from the license agreement; and
(iv) The terms of the clauses of this section incorporated in the
license agreement shall control.
(2) The Library of Congress is not bound by a license agreement
unless it is entered into on behalf of the Library of Congress by a
person having the authority to contract referred to in Sec. 701.4.
(3) The Library of Congress is bound only by terms that are in
writing and included in license agreements (including hard copy and
electronic license agreements) entered into on behalf of the Library of
Congress by a person having the authority to contract referred to in
Sec. 701.4.
(4) If any provisions are invoked through an ``I agree'' click box
or other comparable mechanism (e.g., ``click-wrap'' or ``browse-wrap''
agreements), such provisions do not bind the Library of Congress or any
Library of Congress authorized end user to such provisions, unless
agreed to on behalf of the Library of Congress by a person having the
authority to contract referred to in Sec. 701.4.
(d) Provisions applicable to all license agreements. The following
clauses are deemed to be inserted into each license agreement to which
the Library of Congress is a party:
Unauthorized Obligations
The Library of Congress shall not be bound by any provision that
may or will cause the Library of Congress or its employees to make
or authorize an expenditure from, or create or authorize an
obligation under, any appropriation or fund in excess of the amount
available in the appropriation or fund, that would create an Anti-
Deficiency Act (31 U.S.C. 1341) violation. Such provisions include,
for example, automatic renewal of the agreement, penalty payments by
the Library of Congress, indemnification by the Library of Congress,
and payment by the Library of Congress of taxes or surcharges not
specifically included in the price for the license.
Liability
The liability of the Library of Congress and its obligations
resulting from any breach of this agreement, or any claim arising
from this agreement, shall be determined exclusively under 28 U.S.C.
1346, 28 U.S.C. 1491, or other governing Federal authority.
Representation
The conduct of, and representation of the Library of Congress
in, any litigation in which the Library of Congress is a party, or
is interested, are reserved exclusively to the United States
Department of Justice as provided for in 28 U.S.C. 516.
Governing Law
This agreement shall be governed for all purposes by and
construed in accordance with the Federal laws of the United States
of America.
Venue
Venue for any claim under this agreement shall lie exclusively
in the Federal courts of the United States, as provided in 28 U.S.C.
1346 and 28 U.S.C. 1491. Any action commenced in a State court that
is against or directed to the Library of Congress may be removed by
the United States Government to Federal district court in accordance
with 28 U.S.C. 1442.
Dispute Resolution
The Library of Congress does not agree to submit to any form of
binding alternative dispute resolution, including, without
limitation, arbitration.
Order of Precedence
Notwithstanding any provision of this agreement (including any
addendum, schedule, appendix, exhibit, or other attachment to or
order issued under this agreement), in the event of any conflict
between the provisions of this agreement and the provisions of the
clauses incorporated into this agreement pursuant to 36 CFR 701.7,
the provisions of the clauses incorporated pursuant to 36 CFR 701.7
shall control.
Commercial Computer Software
As used in this clause, ``commercial computer software'' has the
meaning provided in 48 CFR 2.101.
The provisions of the clause regarding the license of commercial
computer software set forth in 48 CFR 52.227-19 are incorporated
into this agreement with the same force and effect as if set forth
herein, with all necessary changes deemed to have been made, such as
replacing references to the Government with references to the
Library of Congress.
(e) Additional provisions applicable to license agreements other
than for license of computer software. In addition to the clauses
deemed to be incorporated into license agreements pursuant to paragraph
(d) of this section, the following clauses are deemed to be inserted
into each license agreement to which the Library of Congress is a
party, other than for the license of computer software to the Library
of Congress:
Unauthorized Uses
The Library of Congress shall not be liable for any unauthorized
uses of materials licensed by the Library of Congress under this
agreement by Library of Congress patrons or by unauthorized users of
such materials, and any such unauthorized use shall not be deemed a
material breach of this agreement.
Rights Under Copyright Law
The Library of Congress does not agree to any limitations on its
rights (e.g., fair use, reproduction, interlibrary loan, and
archiving) under the copyright laws of the United States (17 U.S.C.
101 et seq.), and related intellectual property rights under foreign
law, international law, treaties, conventions, and other
international agreements.
Dated: June 20, 2017.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2017-13342 Filed 6-26-17; 8:45 am]
BILLING CODE 1410-10-P
