Exemption to Prohibition on Circumvention of Copyright Protection Systems for Wireless Telephone Handsets, 50552-50554 [2014-20077]
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Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Rules and Regulations
§§ 862.1, 864.1, 866.1, and 872.1
[Amended]
remove the Web site address indicated
in the middle column from wherever
the Web site address appears in the
2. In the following table, for each
section indicated in the left column,
■
Section
Remove
862.1 .............
866.1 .............
https://www.fda.gov/AboutFDA/CentersOffices/
OfficeofMedicalProductsandTobacco/CDRH/
CDRHOmbudsman/default.htm.
https://www.fda.gov/AboutFDA/CentersOffices/
OfficeofMedicalProductsandTobacco/CDRH/
CDRHOmbudsman/default.htm.
https://www.fda.gov/cdrh.guidance.html .......................................
872.1 .............
https://www.fda.gov/cdrh.guidance.html .......................................
864.1 .............
Dated: August 19, 2014.
Peter Lurie,
Associate Commissioner for Policy and
Planning.
Add
https://www.fda.gov/MedicalDevices/
DeviceRegulationandGuidance/GuidanceDocuments/default.htm.
https://www.fda.gov/MedicalDevices/
DeviceRegulationandGuidance/GuidanceDocuments/default.htm.
https://www.fda.gov/MedicalDevices/
DeviceRegulationandGuidance/GuidanceDocuments/default.htm.
https://www.fda.gov/MedicalDevices/
DeviceRegulationandGuidance/GuidanceDocuments/default.htm.
ground floor of the Department of
Transportation, West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
Holidays.
[FR Doc. 2014–20107 Filed 8–22–14; 8:45 am]
BILLING CODE 4164–01–P
If
you have questions on this temporary
deviation, call or email Eric A.
Washburn, Bridge Administrator,
Western Rivers, Coast Guard; telephone
314–269–2378, email Eric.Washburn@
uscg.mil. If you have questions on
viewing the docket, call Cheryl F.
Collins, Program Manager, Docket
Operations, telephone 202–366–9826.
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2014–0755]
Drawbridge Operation Regulation;
Tennessee River, Decatur, AL
Coast Guard, DHS.
ACTION: Notice of deviation from
drawbridge regulations.
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Southern
Railroad Drawbridge across the
Tennessee River, mile 304.4, at Decatur,
Alabama. The deviation is necessary to
allow the bridge owner time to replace
and adjust the down haul operating
ropes that are essential to the continued
safe operation of the drawbridge. This
deviation allows the bridge to remain in
the closed-to-navigation position and
not open to vessel traffic.
DATES: This deviation is effective from
8 a.m. to 10 p.m., September 17, 2014
and September 24, 2014.
ADDRESSES: The docket for this
deviation, (USCG–2014–0755) is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
SUMMARY:
VerDate Mar<15>2010
16:10 Aug 22, 2014
Jkt 232001
The
Norfolk Southern Railroad requested a
temporary deviation for the Southern
Railroad Drawbridge, across the
Tennessee River, mile 304.4, at Decatur,
Alabama to remain in the closed-tonavigation position on two days for 14
hours each day from 8 a.m. to 10 p.m.
on September 17, 2014 and September
24, 2014 in order to replace and adjust
the down haul operation ropes.
The Southern Railroad Drawbridge
currently operates in accordance with
33 CFR 117.5, which states the general
requirement that drawbridge shall open
promptly and fully for the passage of
vessels when a request to open is given
in accordance with the subpart.
There are no alternate routes for
vessels transiting this section of the
Tennessee River.
The Southern Railroad Drawbridge, in
the closed-to-navigation position,
provides a vertical clearance of 10.52
feet above normal pool. Navigation on
the waterway consists primarily of
commercial tows and recreational
watercraft and will not be significantly
impacted. This temporary deviation has
been coordinated with waterway users.
No objections were received.
SUPPLEMENTARY INFORMATION:
AGENCY:
emcdonald on DSK67QTVN1PROD with RULES
section, and add the Web site address
indicated in the right column:
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In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: August 13, 2014.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2014–20184 Filed 8–22–14; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Part 201
[Docket No. 2014–06]
Exemption to Prohibition on
Circumvention of Copyright Protection
Systems for Wireless Telephone
Handsets
U.S. Copyright Office, Library
of Congress.
ACTION: Final rule.
AGENCY:
Pursuant to an act of
Congress, the Librarian of Congress is
amending applicable regulations to
provide that the prohibition against
circumvention of technological
measures that effectively control access
to copyrighted works set forth in the
United States Code shall not apply to
persons who engage in such
circumvention to enable used wireless
telephone handsets to connect to
wireless telecommunications networks
when the circumvention is initiated
either by the owner of the handset or
certain other persons, and when
connection to the network is authorized
by the operator of the network.
DATES: Effective August 25, 2014.
SUMMARY:
E:\FR\FM\25AUR1.SGM
25AUR1
Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Jacqueline C. Charlesworth, General
Counsel and Associate Register of
Copyrights, by email at jcharlesworth@
loc.gov or by telephone at 202–707–
8350; or Sarang V. Damle, Special
Advisor to the General Counsel, by
email at sdam@loc.gov or by telephone
at 202–707–8350.
SUPPLEMENTARY INFORMATION: Pursuant
to the Unlocking Consumer Choice and
Wireless Competition Act, Public Law
113–144, enacted on and effective as of
August 1, 2014, the Librarian of
Congress is publishing a rule amending
37 CFR 201.40 to designate a class of
copyrighted works that shall be exempt
from the prohibition against
circumvention of technological
measures that effectively control access
to copyrighted works set forth in 17
U.S.C. 1201(a)(1)(A) and to specify those
persons who may initiate such
circumvention.
emcdonald on DSK67QTVN1PROD with RULES
Background
The Digital Millennium Copyright Act
(‘‘DMCA’’) was enacted to implement
certain provisions of the WIPO
Copyright Treaty and WIPO
Performances and Phonograms Treaty.
The DMCA created chapter 12 of title 17
of the United States Code, which
prohibits circumvention of
technological measures employed by
copyright owners to protect their works.
Specifically, section 1201(a)(1)(A)
provides that no person shall
circumvent a technological measure that
effectively controls access to a work
protected under title 17. In order to
ensure that the public will have
continued ability to engage in
noninfringing uses of copyrighted works
that may be adversely affected by the
prohibition, however, subparagraph (B)
of section 1201(a)(1) creates a regulatory
exemption process.
Subparagraph (B) of section
1201(a)(1), as implemented through
subparagraph (C), allows the Librarian
of Congress, upon the recommendation
of the Register of Copyrights, to adopt
exemptions to the prohibition on
circumvention when it is established
that persons are, or are likely in the
succeeding three-year period to be,
adversely affected in their ability to
make noninfringing uses of particular
classes of works as a result of the
prohibition. The Register’s
recommendation is made based on an
evidentiary record developed through a
multi-stage proceeding that includes
written comments, oral testimony and
other evidence submitted by the public,
and after consultation with the Assistant
Secretary for Communications and
VerDate Mar<15>2010
16:10 Aug 22, 2014
Jkt 232001
Information of the Department of
Commerce (‘‘Assistant Secretary’’). In
accordance with the statutory
framework, a new rulemaking is
commenced every three years.
In 2006, as part of the third triennial
section 1201 rulemaking, the Librarian
of Congress, upon the recommendation
of the Register of Copyrights, for the first
time announced an exemption from the
prohibition against circumvention of
technological measures that control
access to computer programs that enable
wireless telephone handsets to connect
to wireless telephone communication
networks when the circumvention is
accomplished for the sole purpose of
lawfully connecting to such a network—
a process commonly referred to as
‘‘cellphone unlocking.’’ 71 FR 68472,
68480 (Nov. 27, 2006).
In 2010, as a result of the fourth
triennial rulemaking, the Librarian of
Congress, again acting upon the
recommendation of the Register of
Copyrights, adopted a slightly different
version of the cellphone unlocking
exemption to enable used wireless
telephone handsets to connect to
wireless telecommunications networks
where the circumvention is initiated by
the owner of the copy of the handset
computer program solely in order to
connect to such a network in an
authorized manner. 75 FR 43825, 43839
(July 27, 2010).
In 2012, in the fifth triennial
rulemaking, the Librarian adopted, upon
the Register’s recommendation, a more
limited unlocking exemption. The
evidentiary record in the 2012
proceeding established that wireless
carriers were more willing to unlock
cellphones upon the expiration of
customers’ contracts and that unlocked
cellphones were widely available for
purchase in the marketplace. 77 FR
65260, 65264–66 (Oct. 26, 2012). As a
result, while still permitting the
unlocking of older, or ‘‘legacy,’’ phones,
the 2012 rule ended the exemption with
respect to new phones acquired after
January 26, 2013, 90 days after the rule
went into effect. As before, unlocking
was limited to owners of the handset
computer program undertaken solely for
the purpose of connecting to a wireless
network in an authorized manner. Id. at
65278.
In response to public calls for a
broader exemption,1 Congress passed
the Unlocking Consumer Choice and
Wireless Competition Act (‘‘Act’’),
effective as of August 1, 2014. In place
1 See We the People, https://
petitions.whitehouse.gov/petition/make-unlockingcell-phones-legal/1g9KhZG7 (last updated July 25,
2014).
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50553
of the 2012 exemption, the Act
substitutes the version of the Librarian’s
cellphone unlocking exemption that
was adopted pursuant to the 2010
rulemaking. In addition, the legislation
provides that the circumvention
permitted under the reinstated 2010
exemption, as well as any future
exemptions applicable to wireless
handsets or other wireless devices, may
be initiated by the owner of the handset
or device, by another person at the
direction of the owner, or by a provider
of commercial mobile radio or data
services, to enable such owner or a
family member to connect to a wireless
network when authorized by the
network operator. Pub. L. No. 113–144
sec. 2(a), (c). Finally, the legislation
directs the Librarian of Congress to
consider in the next triennial
rulemaking proceeding whether to
extend the unlocking exemption to
other types of wireless devices based
upon the recommendation of the
Register of Copyrights, who in turn is to
consult with the Assistant Secretary. Id.
at sec. 2(b).
In accordance with the Act, the
Librarian of Congress adopts the
following amendments to the
exemptions set forth in 37 CFR 201.40.
List of Subjects in 37 CFR Part 201
Copyright, General provisions.
Final Regulations
For the reasons set forth in the
preamble, 37 CFR part 201 is amended
as follows:
PART 201—GENERAL PROVISIONS
1. The authority citation for part 201
continues to read as follows:
■
Authority: 17 U.S.C. 702.
2. Section 201.40 is amended as
follows:
■ a. By revising the section heading;
■ b. By revising paragraph (b)(3);
■ c. By redesignating paragraph (c) as
paragraph (d); and
■ d. By adding a new paragraph (c).
■
§ 201.40 Exemptions to prohibition against
circumvention.
*
*
*
*
*
(b) * * *
(3) Computer programs, in the form of
firmware or software, that enable used
wireless telephone handsets to connect
to a wireless telecommunications
network, when circumvention is
initiated by the owner of the copy of the
computer program solely in order to
connect to a wireless
telecommunications network and access
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50554
Federal Register / Vol. 79, No. 164 / Monday, August 25, 2014 / Rules and Regulations
to the network is authorized by the
operator of the network.
*
*
*
*
*
(c) Persons who may initiate
circumvention. To the extent authorized
under paragraph (b) of this section, the
circumvention of a technological
measure that restricts wireless
telephone handsets or other wireless
devices from connecting to a wireless
telecommunications network may be
initiated by the owner of any such
handset or other device, by another
person at the direction of the owner, or
by a provider of a commercial mobile
radio service or a commercial mobile
data service at the direction of such
owner or other person, solely in order
to enable such owner or a family
member of such owner to connect to a
wireless telecommunications network,
when such connection is authorized by
the operator of such network.
Dated: August 18, 2014.
James H. Billington,
Librarian of Congress.
[FR Doc. 2014–20077 Filed 8–22–14; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2012–0814 & EPA–R04–
OAR–2012–0692; FRL–9915–65–Region 4]
Approval and Promulgation of
Implementation Plans; Florida;
Infrastructure Requirement (Visibility)
for the 1997 and 2006 PM, and 2008
8-Hour Ozone NAAQS
Environmental Protection
Agency.
ACTION: Final rule.
AGENCY:
On April 18, 2008, and
September 23, 2009, the Environmental
Protection Agency (EPA) received state
implementation plan (SIP) submissions
from the State of Florida, through the
Florida Department of Environmental
Protection (FDEP), regarding the
infrastructure elements for the 1997
annual Fine Particulate Matter (PM2.5)
National Ambient Air Quality Standards
(NAAQS) and 2006 24-hour PM2.5
NAAQS, respectively. On October 31,
2012, EPA received a SIP submission
from FDEP regarding the infrastructure
elements for the 2008 8-hour ozone
NAAQS. Additionally, on October 22,
2013, FDEP supplemented the three
aforementioned infrastructure SIP
submissions. The Clean Air Act (CAA or
Act) requires that each state adopt and
submit a SIP for the implementation,
emcdonald on DSK67QTVN1PROD with RULES
SUMMARY:
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16:10 Aug 22, 2014
Jkt 232001
maintenance, and enforcement of each
NAAQS promulgated by EPA. These
plans are commonly referred to as
‘‘infrastructure’’ SIPs. Specifically, EPA
is taking final action to approve the
submissions for Florida as they relate to
the 1997 annual and 2006 24-hour PM2.5
and 2008 8-hour ozone NAAQS
infrastructure SIP requirements to
protect visibility in other states. All
other applicable infrastructure
requirements for these NAAQS have
been addressed in separate rulemakings.
EPA is approving the elements of these
infrastructure SIP submissions, as
supplemented on October 22, 2013, as
they relate to the protection of visibility
in other states.
This rule will be effective
September 24, 2014.
DATES:
EPA has established a
docket for this action under Docket
Identification No. EPA–R04–OAR–
2012–0814 for the 1997 and 2006 PM2.5
SIP submissions and EPA–R04–OAR–
2012–0692 for the 2008 8-hour ozone
SIP submission. All documents in the
docket are listed on the
www.regulations.gov Web site. Although
listed in the index, some information is
not publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either
electronically through
www.regulations.gov or in hard copy at
the Regulatory Development Section,
Air Planning Branch, Air, Pesticides and
Toxics Management Division, U.S.
Environmental Protection Agency,
Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303–8960. EPA
requests that if at all possible, you
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional
Office’s official hours of business are
Monday through Friday, 8:30 a.m. to
4:30 p.m. excluding federal holidays.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Sean Lakeman, Regulatory Development
Section, Air Planning Branch, Air,
Pesticides and Toxics Management
Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street
SW., Atlanta, Georgia 30303–8960. The
telephone number is (404) 562–9043.
Mr. Lakeman can be reached via
electronic mail at lakeman.sean@
epa.gov.
SUPPLEMENTARY INFORMATION:
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I. Background
Upon promulgation of a new or
revised NAAQS, sections 110(a)(1) and
(2) of the CAA require states to address
basic SIP requirements, including
emissions inventories, monitoring, and
modeling to assure attainment and
maintenance for that new NAAQS. On
July 18, 1997 (62 FR 38652), EPA
established an annual PM2.5 NAAQS of
15.0 micrograms per cubic meter (mg/
m3), based on a 3-year average of annual
mean PM2.5 concentrations, and a 24hour NAAQS of 65 mg/m3. On October
17, 2006 (71 FR 61144), EPA retained
the 1997 annual PM2.5 NAAQS at 15.0
mg/m3 based on a 3-year average of
annual mean PM2.5 concentrations and
promulgated a new 24-hour NAAQS of
35 mg/m3 based on a 3-year average of
the 98th percentile of 24-hour
concentrations. On March 27, 2008 (77
FR 16436), EPA revised the 8-hour
ozone NAAQS to 0.075 parts per
million. On March 21, 2014, EPA
proposed to approve SIP submissions
from Florida as they relate to section
110(a)(2)(D)(i)(II) infrastructure SIP
requirements to protect visibility in
other states for the 1997 annual PM2.5
NAAQS, 2006 24-hour PM2.5 NAAQS,
and 2008 8-hour ozone NAAQS. A
summary of the background for today’s
final action is provided below. See
EPA’s March 21, 2014, proposed
rulemaking at 79 FR 15718 for more
detail.
Section 110(a)(2)(D) has two
components: 110(a)(2)(D)(i) and
110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
includes four distinct components,
commonly referred to as ‘‘prongs,’’ that
must be addressed in infrastructure SIP
submissions. The first two prongs,
which are codified in section
110(a)(2)(D)(i)(I), are provisions that
prohibit any source or other type of
emissions activity in one state from
contributing significantly to
nonattainment of the NAAQS in another
state (prong 1) and interfering with
maintenance of the NAAQS in another
state (prong 2). The third and fourth
prongs, which are codified in section
110(a)(2)(D)(i)(II), are provisions that
prohibit emissions activity in one state
interfering with measures required to
prevent significant deterioration of air
quality in another state (prong 3) and to
protect visibility in another state (prong
4). Section 110(a)(2)(D)(ii) requires SIPs
to include provisions ensuring
compliance with sections 115 and 126
of the Act, relating to interstate and
international pollution abatement.
EPA has previously taken action to
address SIP submissions from Florida
related to prongs 1 through 3 of section
E:\FR\FM\25AUR1.SGM
25AUR1
]]>Agencies
- Library of Congress
- U.S. Copyright Office
[Federal Register Volume 79, Number 164 (Monday, August 25, 2014)]
[Rules and Regulations]
[Pages 50552-50554]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20077]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Part 201
[Docket No. 2014-06]
Exemption to Prohibition on Circumvention of Copyright Protection
Systems for Wireless Telephone Handsets
AGENCY: U.S. Copyright Office, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to an act of Congress, the Librarian of Congress is
amending applicable regulations to provide that the prohibition against
circumvention of technological measures that effectively control access
to copyrighted works set forth in the United States Code shall not
apply to persons who engage in such circumvention to enable used
wireless telephone handsets to connect to wireless telecommunications
networks when the circumvention is initiated either by the owner of the
handset or certain other persons, and when connection to the network is
authorized by the operator of the network.
DATES: Effective August 25, 2014.
[[Page 50553]]
FOR FURTHER INFORMATION CONTACT: Jacqueline C. Charlesworth, General
Counsel and Associate Register of Copyrights, by email at
jcharlesworth@loc.gov or by telephone at 202-707-8350; or Sarang V.
Damle, Special Advisor to the General Counsel, by email at sdam@loc.gov
or by telephone at 202-707-8350.
SUPPLEMENTARY INFORMATION: Pursuant to the Unlocking Consumer Choice
and Wireless Competition Act, Public Law 113-144, enacted on and
effective as of August 1, 2014, the Librarian of Congress is publishing
a rule amending 37 CFR 201.40 to designate a class of copyrighted works
that shall be exempt from the prohibition against circumvention of
technological measures that effectively control access to copyrighted
works set forth in 17 U.S.C. 1201(a)(1)(A) and to specify those persons
who may initiate such circumvention.
Background
The Digital Millennium Copyright Act (``DMCA'') was enacted to
implement certain provisions of the WIPO Copyright Treaty and WIPO
Performances and Phonograms Treaty. The DMCA created chapter 12 of
title 17 of the United States Code, which prohibits circumvention of
technological measures employed by copyright owners to protect their
works. Specifically, section 1201(a)(1)(A) provides that no person
shall circumvent a technological measure that effectively controls
access to a work protected under title 17. In order to ensure that the
public will have continued ability to engage in noninfringing uses of
copyrighted works that may be adversely affected by the prohibition,
however, subparagraph (B) of section 1201(a)(1) creates a regulatory
exemption process.
Subparagraph (B) of section 1201(a)(1), as implemented through
subparagraph (C), allows the Librarian of Congress, upon the
recommendation of the Register of Copyrights, to adopt exemptions to
the prohibition on circumvention when it is established that persons
are, or are likely in the succeeding three-year period to be, adversely
affected in their ability to make noninfringing uses of particular
classes of works as a result of the prohibition. The Register's
recommendation is made based on an evidentiary record developed through
a multi-stage proceeding that includes written comments, oral testimony
and other evidence submitted by the public, and after consultation with
the Assistant Secretary for Communications and Information of the
Department of Commerce (``Assistant Secretary''). In accordance with
the statutory framework, a new rulemaking is commenced every three
years.
In 2006, as part of the third triennial section 1201 rulemaking,
the Librarian of Congress, upon the recommendation of the Register of
Copyrights, for the first time announced an exemption from the
prohibition against circumvention of technological measures that
control access to computer programs that enable wireless telephone
handsets to connect to wireless telephone communication networks when
the circumvention is accomplished for the sole purpose of lawfully
connecting to such a network--a process commonly referred to as
``cellphone unlocking.'' 71 FR 68472, 68480 (Nov. 27, 2006).
In 2010, as a result of the fourth triennial rulemaking, the
Librarian of Congress, again acting upon the recommendation of the
Register of Copyrights, adopted a slightly different version of the
cellphone unlocking exemption to enable used wireless telephone
handsets to connect to wireless telecommunications networks where the
circumvention is initiated by the owner of the copy of the handset
computer program solely in order to connect to such a network in an
authorized manner. 75 FR 43825, 43839 (July 27, 2010).
In 2012, in the fifth triennial rulemaking, the Librarian adopted,
upon the Register's recommendation, a more limited unlocking exemption.
The evidentiary record in the 2012 proceeding established that wireless
carriers were more willing to unlock cellphones upon the expiration of
customers' contracts and that unlocked cellphones were widely available
for purchase in the marketplace. 77 FR 65260, 65264-66 (Oct. 26, 2012).
As a result, while still permitting the unlocking of older, or
``legacy,'' phones, the 2012 rule ended the exemption with respect to
new phones acquired after January 26, 2013, 90 days after the rule went
into effect. As before, unlocking was limited to owners of the handset
computer program undertaken solely for the purpose of connecting to a
wireless network in an authorized manner. Id. at 65278.
In response to public calls for a broader exemption,\1\ Congress
passed the Unlocking Consumer Choice and Wireless Competition Act
(``Act''), effective as of August 1, 2014. In place of the 2012
exemption, the Act substitutes the version of the Librarian's cellphone
unlocking exemption that was adopted pursuant to the 2010 rulemaking.
In addition, the legislation provides that the circumvention permitted
under the reinstated 2010 exemption, as well as any future exemptions
applicable to wireless handsets or other wireless devices, may be
initiated by the owner of the handset or device, by another person at
the direction of the owner, or by a provider of commercial mobile radio
or data services, to enable such owner or a family member to connect to
a wireless network when authorized by the network operator. Pub. L. No.
113-144 sec. 2(a), (c). Finally, the legislation directs the Librarian
of Congress to consider in the next triennial rulemaking proceeding
whether to extend the unlocking exemption to other types of wireless
devices based upon the recommendation of the Register of Copyrights,
who in turn is to consult with the Assistant Secretary. Id. at sec.
2(b).
---------------------------------------------------------------------------
\1\ See We the People, https://petitions.whitehouse.gov/petition/make-unlocking-cell-phones-legal/1g9KhZG7 (last updated
July 25, 2014).
---------------------------------------------------------------------------
In accordance with the Act, the Librarian of Congress adopts the
following amendments to the exemptions set forth in 37 CFR 201.40.
List of Subjects in 37 CFR Part 201
Copyright, General provisions.
Final Regulations
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.
0
2. Section 201.40 is amended as follows:
0
a. By revising the section heading;
0
b. By revising paragraph (b)(3);
0
c. By redesignating paragraph (c) as paragraph (d); and
0
d. By adding a new paragraph (c).
Sec. 201.40 Exemptions to prohibition against circumvention.
* * * * *
(b) * * *
(3) Computer programs, in the form of firmware or software, that
enable used wireless telephone handsets to connect to a wireless
telecommunications network, when circumvention is initiated by the
owner of the copy of the computer program solely in order to connect to
a wireless telecommunications network and access
[[Page 50554]]
to the network is authorized by the operator of the network.
* * * * *
(c) Persons who may initiate circumvention. To the extent
authorized under paragraph (b) of this section, the circumvention of a
technological measure that restricts wireless telephone handsets or
other wireless devices from connecting to a wireless telecommunications
network may be initiated by the owner of any such handset or other
device, by another person at the direction of the owner, or by a
provider of a commercial mobile radio service or a commercial mobile
data service at the direction of such owner or other person, solely in
order to enable such owner or a family member of such owner to connect
to a wireless telecommunications network, when such connection is
authorized by the operator of such network.
Dated: August 18, 2014.
James H. Billington,
Librarian of Congress.
[FR Doc. 2014-20077 Filed 8-22-14; 8:45 am]
BILLING CODE 1410-30-P
