Exemption to Prohibition on Circumvention of Copyright Protection Systems for Access Control Technologies, 55138-55139 [E9-25850]
Download as PDF
55138
Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 or more in any one year.
Though this rule will not result in such
an expenditure, we do discuss the
effects of this rule elsewhere in this
preamble.
Taking of Private Property
This rule will not effect a taking of
private property or otherwise have
taking implications under Executive
Order 12630, Governmental Actions and
Interference with Constitutionally
Protected Property Rights.
Civil Justice Reform
This rule meets applicable standards
in sections 3(a) and 3(b)(2) of Executive
Order 12988, Civil Justice Reform, to
minimize litigation, eliminate
ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under
Executive Order 13045, Protection of
Children from Environmental Health
Risks and Safety Risks. This rule is not
an economically significant rule and
does not create an environmental risk to
health or risk to safety that may
disproportionately affect children.
pwalker on DSK8KYBLC1PROD with RULES
Indian Tribal Governments
This rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes.
Energy Effects
We have analyzed this rule under
Executive Order 13211, Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use. We have
determined that it is not a ‘‘significant
energy action’’ under that order because
it is not a ‘‘significant regulatory action’’
under Executive Order 12866 and is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy. The Administrator of the Office
of Information and Regulatory Affairs
has not designated it as a significant
energy action. Therefore, it does not
VerDate Nov<24>2008
16:23 Oct 26, 2009
Jkt 220001
require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer
and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use
voluntary consensus standards in their
regulatory activities unless the agency
provides Congress, through the Office of
Management and Budget, with an
explanation of why using these
standards would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specifications
of materials, performance, design, or
operation; test methods; sampling
procedures; and related management
systems practices) that are developed or
adopted by voluntary consensus
standards bodies.
This rule does not use technical
standards. Therefore, we did not
consider the use of voluntary consensus
standards.
Environment
We have analyzed this rule under
Department of Homeland Security
Management Directive 023–01 and
Commandant Instruction M16475.lD,
which guide the Coast Guard in
complying with the National
Environmental Policy Act of 1969
(NEPA) (42 U.S.C. 4321–4370f), and
have concluded this action is one of a
category of actions which do not
individually or cumulatively have a
significant effect on the human
environment. This rule is categorically
excluded, under figure 2–1, paragraph
(34)(g), of the Instruction, because the
rule establishes a safety zone. An
environmental analysis checklist and a
categorical exclusion determination are
will be available in the docket where
indicated under ADDRESSES.
List of Subjects in 33 CFR Part 147
Continental shelf, Marine safety,
Navigation (water).
■ For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 147 as follows:
PART 147—SAFETY ZONES
1. The authority citation for part 147
continues to read as follows:
■
Authority: 14 U.S.C. 85; 43 U.S.C. 1333;
Department of Homeland Security Delegation
No. 1070.1.
■
2. Revise § 147.845 to read as follows:
§ 147.845
zone.
Perdido Regional Host safety
(a) Description. The Perdido Regional
Host is located at position 26°07′44″ N,
PO 00000
Frm 00050
Fmt 4700
Sfmt 4700
094°53′53″ W. The area within 500
meters (1640.4 feet) from each point on
the structure’s outer edge is a safety
zone.
(b) Regulation. No vessel may enter or
remain in this safety zone except the
following:
(1) An attending vessel;
(2) A vessel under 100 feet in length
overall not engaged in towing; or
(3) A vessel authorized by the
Commander, Eighth Coast Guard
District or a designated representative.
Dated: September 8, 2009.
Mary E. Landry,
Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
[FR Doc. E9–25595 Filed 10–26–09; 8:45 am]
BILLING CODE 4910–15–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 2008–08]
Exemption to Prohibition on
Circumvention of Copyright Protection
Systems for Access Control
Technologies
AGENCY: Copyright Office, Library of
Congress.
ACTION: Interim rule.
SUMMARY: The Librarian of Congress is
extending, on an interim basis, the
existing classes of works with respect to
which the prohibition against
circumvention of technological
measures that effectively control access
to copyrighted works shall not apply to
persons who engage in noninfringing
uses.
DATES:
Effective Date: October 28, 2009.
FOR FURTHER INFORMATION CONTACT:
David Carson, General Counsel,
Copyright Office, GC/I&R, P.O. Box
70400, Washington, DC 20024.
Telephone: (202) 707–8380. Telefax:
(202) 707–8366.
SUPPLEMENTARY INFORMATION: Section
1201(a)(1) of the copyright law prohibits
the circumvention of technological
measures that control access to works
protected by copyright. It also provides
that every three years, the Register of
Copyrights is to conduct a rulemaking
proceeding to determine whether users
of particular classes of copyrighted
works are, or in the next three years are
likely to be, adversely affected by that
prohibition in their ability to make
noninfringing uses of copyrighted
works. That determination is made by
E:\FR\FM\27OCR1.SGM
27OCR1
Federal Register / Vol. 74, No. 206 / Tuesday, October 27, 2009 / Rules and Regulations
the Librarian of Congress upon the
recommendation of the Register of
Copyrights. Section 1201(a)(1)(D)
provides that ‘‘The Librarian shall
publish any class of copyrighted works
for which the Librarian has determined,
pursuant to the rulemaking conducted
under subparagraph (C), that
noninfringing uses by persons who are
users of a copyrighted work are, or are
likely to be, adversely affected, and the
prohibition contained in subparagraph
(A) shall not apply to such users with
respect to such class of works for the
ensuing 3-year period.’’
The Register of Copyrights is
conducting the fourth of these triennial
rulemaking proceedings and is in the
final stages of making her
recommendation to the Librarian of
Congress. The rulemaking conducted in
2006 identified six classes of works to
be subject to exemption from the
prohibition on circumvention for the
period beginning November 27, 2006,
and ending October 27, 2009. Because
the Register will not be able to present
her recommendation to the Librarian of
Congress before October 27, it is
necessary to extend the effective dates
of the existing regulation identifying
those classes of works until the time
that the Librarian acts upon the
recommendation of the Register. It is
anticipated that this extension will be in
effect for no more than a few weeks.
Accordingly, the Register of
Copyrights recommends to the Librarian
of Congress that the existing regulation,
codified at 37 CFR 201.40(b), be
amended on an interim basis to strike
the reference to the October 27, 2009,
termination date for the list of classes of
works identified in the regulation.
The Librarian of Congress accepts the
recommendation of the Register of
Copyrights and adopts the following
interim rule.
List of Subjects in 37 CFR Part 201
Cable television, Copyright,
Exemptions to prohibition against
circumvention, Literary works,
Recordings, Satellites.
Dated: October 20, 2009.
Marybeth Peters,
Register of Copyrights.
Interim Regulation
For the reasons set forth in the
preamble, 37 CFR part 201 is amended
as follows:
pwalker on DSK8KYBLC1PROD with RULES
■
PART 201–GENERAL PROVISIONS
1. The authority citation for part 201
continues to read as follows:
■
Authority: 17 U.S.C. 702.
VerDate Nov<24>2008
16:23 Oct 26, 2009
Jkt 220001
§ 201.40
[Amended]
2. Section 201.40 (b) introductory text
is amended by removing ‘‘from
November 27, 2006, through October 27,
2009,’’ and adding in its place
‘‘commencing November 27, 2006.’’
■
Dated: October 22, 2009.
James H. Billington,
Librarian of Congress.
[FR Doc. E9–25850 Filed 10–26–09; 8:45 am]
BILLING CODE 1410–30–P
55139
International Surface Air Lift® (ISAL®)
mailing, or any other mailing paid with
an advance deposit account presented to
the USPS for weighing and acceptance.
The Postal Service hereby adopts the
following changes to Mailing Standards
of the United States Postal Service,
International Mail Manual (IMM),
which is incorporated by reference in
the Code of Federal Regulations. See 39
CFR 20.1.
List of Subjects in 39 CFR Part 20
POSTAL SERVICE
Foreign relations, International postal
services.
39 CFR Part 20
■
Return Address Requirement
—Outbound International Commercial
Bulk Mailings
Postal ServiceTM.
Final rule with comment period.
AGENCY:
ACTION:
The Postal Service is revising
the Mailing Standards of the United
States Postal Service, International Mail
Manual (IMM®) to require that
mailpieces prepared as a commercial
bulk mailing must bear a complete U.S.
return address.
DATES: Effective date: January 4, 2010.
Comment date: Mail or deliver
written comments until December 4,
2009.
ADDRESSES: Mail or deliver written
comments to the Manager, Mailing
Standards, U.S. Postal Service, 475
L’Enfant Plaza, SW., Room 3436,
Washington, DC 20260–3436. You may
inspect and photocopy all written
comments at USPS Headquarters
Library, 475 L’Enfant Plaza, SW., 11th
Floor N., Washington, DC between 9
a.m. and 4 p.m., Monday through
Friday. E-mail comments, containing
the name and address of the commenter,
may be sent to
MailingStandards@usps.gov with a
subject line of ‘‘Return Address
Requirement—Outbound International
Commercial Bulk Mailings.’’ Faxed
comments will not be accepted.
FOR FURTHER INFORMATION CONTACT: Rick
Klutts at 813–877–0372.
SUPPLEMENTARY INFORMATION: The Postal
Service is making this change to be
consistent with the amended regulations
of the Universal Postal Union (UPU)
Proposal 25.123.2 that revises Article RL
123, Paragraph 10 of the UPU Letter
Post Regulations. This revision will
codify that mailpieces prepared as a
commercial bulk mailing must bear a
complete return address in the country
of origin of the mail. For this purpose,
a ‘‘bulk mailing’’ is any International
Priority AirmailTM (IPA®) or
SUMMARY:
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
Accordingly, 39 CFR part 20 is
amended as follows:
PART 20—[AMENDED]
1. The authority citation for 39 CFR
part 20 continues to read as follows:
■
Authority: 5 U.S.C. 552(a); 39 U.S.C. 401,
404, 407, 408, 3622, 3632, and 3633.
2. Revise the following sections of
Mailing Standards of the United States
Postal Service, International Mail
Manual (IMM), as follows:
■
Mailing Standards of the United States
Postal Service, International Mail
Manual (IMM)
1
International Mail Services
*
*
*
*
*
120
Preparation for Mailing
*
*
122
Addressing
*
*
122.2
*
*
*
*
*
*
Return Address
[Revise 122.2 as follows:]
Due to heightened security, many
foreign postal administrations require
complete sender and addressee
information in roman letters and arabic
numerals on postal items. The complete
address of the sender, including ZIP
Code and country of origin, should be
shown in the upper left corner of the
address side of the envelope, card, flat,
or package. Only one return address
may be used, and it must be located so
that it does not affect either the clarity
of the address of destination or the
application of service labels and
notations (postmarks, etc.). Unregistered
items bearing a return address in
another country are accepted only at the
sender’s risk. In the case of bulk
mailings, all mailpieces must bear a
complete U.S. return address. For the
purpose of this section, a ‘‘bulk
mailing’’ is any IPA or ISAL mailing, or
any other mailing paid with an advance
E:\FR\FM\27OCR1.SGM
27OCR1
Agencies
[Federal Register Volume 74, Number 206 (Tuesday, October 27, 2009)]
[Rules and Regulations]
[Pages 55138-55139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-25850]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 201
[Docket No. RM 2008-08]
Exemption to Prohibition on Circumvention of Copyright Protection
Systems for Access Control Technologies
AGENCY: Copyright Office, Library of Congress.
ACTION: Interim rule.
-----------------------------------------------------------------------
SUMMARY: The Librarian of Congress is extending, on an interim basis,
the existing classes of works with respect to which the prohibition
against circumvention of technological measures that effectively
control access to copyrighted works shall not apply to persons who
engage in noninfringing uses.
DATES: Effective Date: October 28, 2009.
FOR FURTHER INFORMATION CONTACT: David Carson, General Counsel,
Copyright Office, GC/I&R, P.O. Box 70400, Washington, DC 20024.
Telephone: (202) 707-8380. Telefax: (202) 707-8366.
SUPPLEMENTARY INFORMATION: Section 1201(a)(1) of the copyright law
prohibits the circumvention of technological measures that control
access to works protected by copyright. It also provides that every
three years, the Register of Copyrights is to conduct a rulemaking
proceeding to determine whether users of particular classes of
copyrighted works are, or in the next three years are likely to be,
adversely affected by that prohibition in their ability to make
noninfringing uses of copyrighted works. That determination is made by
[[Page 55139]]
the Librarian of Congress upon the recommendation of the Register of
Copyrights. Section 1201(a)(1)(D) provides that ``The Librarian shall
publish any class of copyrighted works for which the Librarian has
determined, pursuant to the rulemaking conducted under subparagraph
(C), that noninfringing uses by persons who are users of a copyrighted
work are, or are likely to be, adversely affected, and the prohibition
contained in subparagraph (A) shall not apply to such users with
respect to such class of works for the ensuing 3-year period.''
The Register of Copyrights is conducting the fourth of these
triennial rulemaking proceedings and is in the final stages of making
her recommendation to the Librarian of Congress. The rulemaking
conducted in 2006 identified six classes of works to be subject to
exemption from the prohibition on circumvention for the period
beginning November 27, 2006, and ending October 27, 2009. Because the
Register will not be able to present her recommendation to the
Librarian of Congress before October 27, it is necessary to extend the
effective dates of the existing regulation identifying those classes of
works until the time that the Librarian acts upon the recommendation of
the Register. It is anticipated that this extension will be in effect
for no more than a few weeks.
Accordingly, the Register of Copyrights recommends to the Librarian
of Congress that the existing regulation, codified at 37 CFR 201.40(b),
be amended on an interim basis to strike the reference to the October
27, 2009, termination date for the list of classes of works identified
in the regulation.
The Librarian of Congress accepts the recommendation of the
Register of Copyrights and adopts the following interim rule.
List of Subjects in 37 CFR Part 201
Cable television, Copyright, Exemptions to prohibition against
circumvention, Literary works, Recordings, Satellites.
Dated: October 20, 2009.
Marybeth Peters,
Register of Copyrights.
Interim Regulation
0
For the reasons set forth in the preamble, 37 CFR part 201 is amended
as follows:
PART 201-GENERAL PROVISIONS
0
1. The authority citation for part 201 continues to read as follows:
Authority: 17 U.S.C. 702.
Sec. 201.40 [Amended]
0
2. Section 201.40 (b) introductory text is amended by removing ``from
November 27, 2006, through October 27, 2009,'' and adding in its place
``commencing November 27, 2006.''
Dated: October 22, 2009.
James H. Billington,
Librarian of Congress.
[FR Doc. E9-25850 Filed 10-26-09; 8:45 am]
BILLING CODE 1410-30-P