78866 Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Proposed Rules 

1This is an approximation based on the manner 

in which the proposed classes were articulated. In 

some cases, the proposed class involved multiple 

categories of works within the class that could have 

been articulated as multiple classes. In other cases, 

there were multiple proposals that were variations 

on the same theme that could have been expressed 

as one class. In addition, a number of parties 

proposed similar classes. The Office has chosen to 

group together related classes in this Notice in order 

to help focus the many exemption requests. 

boundary at lat. 38°34′00′′ N.; thence along 

the Colorado/Kansas state boundary to lat. 

37°11′00′′ N.; to lat. 37°11′00′′ N., long. 

103°24′′00′′ W.; to lat. 38°34′00′′ N., long. 

103°24′00′′ W.; thence to the point of 

beginning. 

Issued in Seattle, Washington, on 

December 12, 2011. 

John Warner, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2011–32501 Filed 12–19–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 172 

[Docket No. FDA–2011–F–0765] 

Nexira; Filing of Food Additive Petition 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Notice of petition. 

SUMMARY: The Food and Drug 

Administration (FDA) is announcing 

that Nexira has filed a petition 

proposing that the food additive 

regulations be amended to provide for 

the expanded safe use of acacia gum 

(gum arabic) in food. 

FOR FURTHER INFORMATION CONTACT: 

Celeste Johnston, Center for Food Safety 

and Applied Nutrition (HFS–265), Food 

and Drug Administration, 5100 Paint 

Branch Pkwy., College Park, MD 20740– 

3835, (240) 402–1282. 

SUPPLEMENTARY INFORMATION: Under the 

Federal Food, Drug, and Cosmetic Act 

(section 409(b)(5) (21 U.S.C. 348(b)(5))), 

notice is given that a food additive 

petition (FAP 1A4784) has been filed by 

Nexira, c/o Keller and Heckman LLP, 

1001 G St. NW., Suite 500 West, 

Washington, DC 20001. The petition 

proposes to amend the food additive 

regulations in § 172.780 Acacia (gum 

arabic) (21 CFR 172.780), to provide for 

the expanded safe use of acacia gum 

(gum arabic) in food. 

The Agency has determined under 21 

CFR 25.32(k) that this action is of a type 

that does not individually or 

cumulatively have a significant effect on 

the human environment. Therefore, 

neither an environmental assessment 

nor an environmental impact statement 

is required. 

Dated: December 5, 2011. 

Dennis M. Keefe, 

Director, Office of Food Additive Safety, 

Center for Food Safety and Applied Nutrition. 

[FR Doc. 2011–32542 Filed 12–19–11; 8:45 am] 

BILLING CODE 4160–01–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2011–7] 

Exemption to Prohibition on 

Circumvention of Copyright Protection 

Systems for Access Control 

Technologies 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The United States Copyright 

Office (‘‘Office’’) seeks comments on 

proposals to exempt certain classes of 

works from the prohibition on 

circumvention of technological 

measures that control access to 

copyrighted works. The Office has 

initiated a rulemaking proceeding in 

accordance with provisions added by 

the Digital Millennium Copyright Act 

(‘‘DMCA’’) which provide that the 

Librarian of Congress (‘‘Librarian’’), 

upon the recommendation of the 

Register of Copyrights, may exempt 

certain classes of works from the 

prohibition against circumvention. The 

purpose of this proceeding is to 

determine whether there are particular 

classes of works as to which users are, 

or are likely to be, adversely affected in 

their ability to make noninfringing uses 

due to the prohibition on 

circumvention. This notice publishes 

the classes of works received by the 

Office, which were proposed by several 

parties in the comment period that 

ended on December 1, 2011. 

DATES: Comments addressing the 

Proposed Classes of Works are due by 

5 p.m. E.S.T., February 10, 2012. Reply 

comments addressing points made in 

the initial comments are due by 5 p.m. 

E.S.T. on March 2, 2012. 

ADDRESSES: All Proposed Classes of 

Works are available on the Copyright 

Office Web site at: http:// 

www.copyright.gov/1201/2011/initial/ 

and at the U.S. Copyright Office, James 

Madison Memorial Building, Room LM– 

401, 101 Independence Avenue SE., 

Washington, DC. The Copyright Office 

strongly prefers that comments filed in 

response to the Proposed Classes of 

Works be submitted electronically. A 

comment page containing a comment 

form will be posted on the Copyright 

Office Web site at http:// 

www.copyright.gov/1201/commentforms. The online form contains fields 

for required information including the 

name and organization of the 

commenter, as applicable, and the 

ability to upload comments as an 

attachment. To meet accessibility 

standards, all comments must be 

uploaded in a single file in either the 

Adobe Portable Document File (PDF) 

format that contains searchable, 

accessible text (not an image); Microsoft 

Word; WordPerfect; Rich Text Format 

(RTF); or ASCII text file format (not a 

scanned document). The maximum file 

size is 6 megabytes (MB). The name of 

the submitter and organization should 

appear on both the form and the face of 

the comments. All comments will be 

posted publicly on the Copyright Office 

web site exactly as they are received, 

along with names and organizations. If 

electronic submission of comments is 

not feasible, please contact the 

Copyright Office at 202–707–8380 for 

special instructions. 

FOR FURTHER INFORMATION CONTACT: Ben 

Golant, Assistant General Counsel, 

Copyright GC/I&R, P.O. Box 70400, 

Washington, DC 20024–0400. 

Telephone (202) 707–8380; telefax: 

(202) 707–8366. 

SUPPLEMENTARY INFORMATION: On 

September 29, 2011, the Office 

published a Notice of Inquiry in the 

Federal Register to initiate the fifth 

triennial rulemaking proceeding 

required by § 1201(a)(1)(C) of the 

Copyright Act. See 76 FR 60398 (Sept. 

29, 2011). That notice requested 

comments from interested parties 

proposing classes of works that should 

be considered for exemption for the next 

three-year period. The Office received 

20 separate filings, proposing 26 classes 

of works for exemption.1 On December 

5, 2011, the Copyright Office posted all 

of the filings received (the ‘‘Proposed 

Classes of Works’’) on its Web site. See 

http://www.copyright.gov/1201/2011/ 

initial/. In order to provide additional 

notice to interested parties, the 

Copyright Office is hereby publishing 

the Proposed Classes of Works with 

identification of the person(s) and/or 


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Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Proposed Rules 78867 

entities that proposed each class. In 

certain instances, such as with 

proposals submitted by some 

individuals who did not propose 

specific language describing a Proposed 

Class, the Office has fashioned language 

describing the Proposed Class based 

upon the substance of the submitted 

comments. The Office is taking this 

action, in part, to clarify the proposal to 

the best of the Office’s ability. The 

Office encourages all persons 

responding to proposals to read the 

entire comment, as submitted, to make 

an independent assessment of the class 

proposed. 

The comments received by the 

Copyright Office propose the following 

classes: 

1. Literary works in the public 

domain that are made available in 

digital copies. Proponent: The Open 

Book Alliance. 

2. Literary works, distributed 

electronically, that: (1) Contain digital 

rights management and/or other access 

controls which either prevent the 

enabling of the book’s read-aloud 

functionality or which interfere with 

screen readers or other applications or 

assistive technologies that render the 

text in specialized formats; and (2) are 

legally obtained by blind or other 

persons with print disabilities (as such 

persons are defined in section 121 of 

Title 17, United States Code), or are 

legally obtained by authorized entities 

(as defined in such section) distributing 

such work exclusively to such persons. 

Proponent: American Council of the 

Blind and the American Foundation for 

the Blind. 

3. Computer programs that enable 

lawfully acquired video game consoles 

to execute lawfully acquired software 

applications, where circumvention is 

undertaken for the purpose of enabling 

interoperability of such applications 

with computer programs on the gaming 

console. Proponent: The Electronic 

Frontier Foundation. 

4. Computer programs that enable the 

installation and execution of lawfully 

obtained software on a personal 

computing device, where circumvention 

is performed by or at the request of the 

device’s owner. Proponent: Software 

Freedom Foundation. 

5. Computer programs that enable 

wireless telephone handsets 

(‘‘smartphones’’) and tablets to execute 

lawfully obtained software applications, 

where circumvention is undertaken for 

the purpose of enabling interoperability 

of such applications with computer 

programs on the handset or tablet. 

Proponent: The Electronic Frontier 

Foundation. 

6A. Computer programs, in the form 

of firmware or software, including data 

used by those programs, that enable 

mobile devices to connect to a wireless 

communications network, when 

circumvention is initiated by the owner 

of the device to remove a restriction that 

limits the device’s operability to a 

limited number of networks, or 

circumvention is initiated to connect to 

a wireless communications network. 

Proponent: Consumers Union. 

6B. Computer programs, in the form 

of firmware or software, including data 

used by those programs, that enable 

wireless devices to connect to a wireless 

communications network, when 

circumvention is initiated by the owner 

of the copy of the computer program 

principally in order to connect to a 

wireless communications network and 

access to such communications network 

is authorized by the operator of such 

communications network. Proponent: 

Youghiogheny Communications, LLC. 

6C. Computer programs, in the form 

of firmware or software, including data 

used by those programs, that enable 

wireless devices to connect to a wireless 

communications network, when 

circumvention is initiated by the owner 

of the copy of the computer program 

solely in order to connect to a wireless 

communications network and access to 

such communications network is 

authorized by the operator of such 

communications network. Proponents: 

MetroPCS Communications, Inc./RCAThe Competitive Carriers Association 

(filing separately). 

7A. Motion pictures on DVDs that are 

lawfully made and acquired and that are 

protected by the Content Scrambling 

System when circumvention is 

accomplished solely in order to 

accomplish the incorporation of short 

portions of motion pictures into new 

works for the purpose of criticism or 

comment, and where the person 

engaging in circumvention believes and 

has reasonable grounds for believing 

that circumvention is necessary to fulfill 

the purpose of the use in the following 

instances: 

(i) Educational uses by college and 

university professors and by college and 

university film and media studies 

students; 

(ii) Documentary filmmaking; 

(iii) Noncommercial videos. 

Proponent: University of Michigan 

Library. 

7B. Audiovisual works on DVDs that 

are lawfully made and acquired and that 

are protected by the Content Scrambling 

System, where circumvention is 

undertaken for the purpose of extracting 

clips for inclusion in primarily 

noncommercial videos that do not 

infringe copyright, and the person 

engaging in the circumvention believes 

and has reasonable grounds for 

believing that circumvention is 

necessary to fulfill the purpose of the 

use. Proponent: The Electronic Frontier 

Foundation. 

7C. Audiovisual works that are 

lawfully made and acquired via online 

distribution services, where 

circumvention is undertaken for the 

purpose of extracting clips for inclusion 

in primarily noncommercial videos that 

do not infringe copyright, and the 

person engaging in the circumvention 

believes and has reasonable grounds for 

believing that circumvention is 

necessary to fulfill the purpose of the 

use, and the works in question are not 

readily available on DVD. Proponent: 

The Electronic Frontier Foundation. 

7D. Motion pictures that are lawfully 

made and acquired from DVDs 

protected by the Content Scrambling 

System and Blu-Ray discs protected by 

Advanced Access Content System, or, if 

the motion picture is not reasonably 

available on DVD or Blu-Ray or not 

reasonably available in sufficient 

audiovisual quality on DVD or Blu-Ray, 

then from digitally transmitted video 

protected by an authentication protocol 

or by encryption, when circumvention 

is accomplished solely in order to 

incorporate short portions of motion 

pictures into new works for the purpose 

of fair use, and when the person 

engaging in circumvention reasonably 

believes that circumvention is necessary 

to obtain the motion picture in the 

following instances: (1) Documentary 

filmmaking; OR (2) fictional 

filmmaking. Proponent: International 

Documentary Association, Kartemquin 

Educational Films, Inc., National 

Alliance for Media Arts and Culture, 

and Independent Filmmaker Project 

(filing jointly). 

7E. Motion pictures that are lawfully 

made and acquired from DVDs 

protected by the Content Scrambling 

System or, if the motion picture is not 

reasonably available on or not 

reasonably available in sufficient 

audiovisual quality on DVD, then from 

digitally transmitted video protected by 

an authentication protocol or by 

encryption, when circumvention is 

accomplished solely in order to 

incorporate short portions of motion 

pictures into new works for the purpose 

of fair use, and when the person 

engaging in circumvention reasonably 

believes that circumvention is necessary 

to obtain the motion picture for 

multimedia e-book authorship. 

Proponent: Mark Berger, Bobette Buster, 

Barnet Kellman, and Gene Rosow (filing 

jointly) (contained in comment 


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78868 Federal Register / Vol. 76, No. 244 / Tuesday, December 20, 2011 / Proposed Rules 

submitted by the International 

Documentary Association et al.). 

7F. Motion pictures on DVDs that are 

lawfully made and acquired and that are 

protected by the Content Scrambling 

System when circumvention is 

accomplished solely in order to 

accomplish the incorporation of short 

portions of motion pictures into new 

works for the purpose of criticism or 

comment, and where the person 

engaging in circumvention believes and 

has reasonable grounds for believing 

that circumvention is necessary to fulfill 

the purpose of educational uses by 

college and university professors and by 

college and university film and media 

studies students. Proponent: Library 

Copyright Alliance. 

7G. Audiovisual works (optical discs, 

streaming media, and downloads) that 

are lawfully made and acquired when 

circumvention is accomplished by 

college and university students or 

faculty (including teaching and research 

assistants) solely in order to incorporate 

short portions of video into new works 

for the purpose of criticism or comment. 

Proponent: Peter Decherney, Katherine 

Sender, Michael Delli Carpini, 

International Communication 

Association, Society for Cinema and 

Media Studies, and American 

Association of University Professors 

(filing jointly). 

8. Lawfully accessed audiovisual 

works used for educational purposes by 

kindergarten through twelfth grade 

educators. Proponent: Media Education 

Lab at the Harrington School of 

Communication and Media at the 

University of Rhode Island. 

9A. Motion pictures and other 

audiovisual works delivered via Internet 

protocol (IP) protected by technological 

measures that control access to such 

works when circumvention is 

accomplished to facilitate the creation, 

improvement, or rendering of visual 

representations or descriptions of 

audible portions of such works for the 

purpose of improving the ability of 

individuals who may lawfully access 

such works to perceive such works. 

Proponent: Telecommunications for the 

Deaf and Hard of Hearing, Inc., 

Gallaudet University, and Participatory 

Culture Foundation (filing jointly). 

9B. Motion pictures and other 

audiovisual works delivered via Internet 

protocol (IP) protected by technological 

measures that control access to such 

works when circumvention is 

accomplished to facilitate the creation, 

improvement, or rendering of audible 

representations or descriptions of visual 

portions of such works for the purpose 

of improving the ability of individuals 

who may lawfully access such works to 

perceive such works. Proponent: 

Telecommunications for the Deaf and 

Hard of Hearing, Inc., Gallaudet 

University, and Participatory Culture 

Foundation (filing jointly). 

9C. Motion pictures and other 

audiovisual works on fixed disc-based 

media protected by technological 

measures that control access to such 

works when circumvention is 

accomplished to facilitate the creation, 

improvement, or rendering of visual 

representations or descriptions of 

audible portions of such works for the 

purpose of improving the ability of 

individuals who may lawfully access 

such works to perceive such works. 

Proponent: Telecommunications for the 

Deaf and Hard of Hearing, Inc., 

Gallaudet University, and Participatory 

Culture Foundation (filing jointly). 

9D. Motion pictures and other 

audiovisual works on fixed disc-based 

media protected by technological 

measures that control access to such 

works when circumvention is 

accomplished to facilitate the creation, 

improvement, or rendering of audible 

representations or descriptions of visual 

portions of such works for the purpose 

of improving the ability of individuals 

who may lawfully access such works to 

perceive such works. 

Telecommunications for the Deaf and 

Hard of Hearing, Inc., Gallaudet 

University, and Participatory Culture 

Foundation (filing jointly). 

10A. Motion pictures on lawfully 

made and lawfully acquired DVDs that 

are protected by the Content Scrambling 

System when circumvention is 

accomplished solely in order to 

accomplish the noncommercial space 

shifting of the contained motion picture. 

Proponent: Public Knowledge. 

10B. Legally acquired digital media 

(motion pictures, sound recordings, and 

e-books) for personal use and for the 

purposes of making back-up copies, 

format shifting, access, and transfer. 

Proponents: Cassiopaea Tambolini, 

Susan Fuhs, Kellie Heistand, Andy 

Kossowsky, and Curt Wiederhoeft (filing 

separately). 

These Proposed Classes of Works 

represent a starting point for further 

consideration in this rulemaking 

proceeding. The Office does not 

represent that any particular class 

proposed for exemption will ultimately 

be recommended by the Register of 

Copyrights to the Librarian of Congress. 

Moreover, the delineation of any class 

as proposed by a commenter will be 

considered in relation to the facts 

presented in the entire rulemaking 

process. To the extent that an exemption 

is deemed warranted by the evidence, a 

Proposed Class listed herein may be 

developed and/or refined by the 

Register in her final recommendation to 

the Librarian. 

This Notice hereby requests 

responsive written initial comments 

from all interested parties, including 

representatives of copyright owners, 

educational institutions, libraries and 

archives, scholars, researchers and 

members of the public, in order to elicit 

additional evidence either supporting or 

opposing the classes of works proposed 

for exemption. The forthcoming initial 

comment period allows the introduction 

of additional factual information that 

would assist the Office in assessing 

whether a Proposed Class is warranted 

for exemption and, if it is, how such a 

class already proposed should be 

properly tailored. Comments responsive 

to the Proposed Classes may also 

suggest modest refinements to the 

Proposed Classes and supply additional 

evidence, but may not propose 

completely new classes of works. 

It is important to reiterate that 

Proponents of the exemptions 

enumerated above should have 

presented their entire case in their 

initial filings. A proponent of a 

particular class of works will not be 

permitted to submit an initial comment 

in support of that class in response to 

this Notice unless, at least 15 days 

before the deadline for comments (i.e., 

before January 27, 2012), the proponent 

has submitted a written request for 

permission to submit an initial 

comment demonstrating good cause to 

permit the submission of the comment, 

and the Office has approved the 

submission of the comment. The 

purpose of this requirement is to 

provide for the orderly presentation of 

evidence and arguments, and to permit 

both proponents and opponents to 

present their best cases. See 76 FR 

60398, 60403 (Sept. 29, 2011). 

Persons submitting comments should 

thoroughly review the Notice of Inquiry 

published in the Federal Register on 

September 29, 2011 to familiarize 

themselves with the substantive and 

formal requirements for the submission 

of comments. 

Reply comments may be submitted by 

any person, including the initial 

proponent of a Proposed Class of Works, 

but should respond only to points made 

in the initial comments. 

Dated: December 15, 2011. 

Maria A. Pallante, 

Register of Copyrights. 

[FR Doc. 2011–32509 Filed 12–19–11; 8:45 am] 

BILLING CODE 1410–30–P 


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