62408 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 

Regulatory Flexibility Act 

It has been determined that this 

Privacy Act rule for the Department of 

Defense does not have significant 

economic impact on a substantial 

number of small entities because it is 

concerned only with the administration 

of Privacy Act systems of records within 

the Department of Defense. 

Paperwork Reduction Act 

It has been determined that this 

Privacy Act rule for the Department of 

Defense imposes no information 

requirements beyond the Department of 

Defense and that the information 

collected within the Department of 

Defense is necessary and consistent 

with 5 U.S.C. 552a, known as the 

Privacy Act of 1974. 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’

It has been determined that this 

Privacy Act rulemaking for the 

Department of Defense does not involve 

a Federal mandate that may result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

and that such rulemaking will not 

significantly or uniquely affect small 

governments. 

Executive Order 13132, ‘‘Federalism’’

It has been determined that this 

Privacy Act rule for the Department of 

Defense does not have federalism 

implications. The rule does not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

The National Security Agency/Central 

Security Services (NSA/CSS) is adding 

an exemption rule for the system of 

records GNSA 20, entitled ‘NSA Police 

Operational Files’. The proposed rule 

was published on august 9, 2004, at 69 

FR 48183. No comments were received; 

therefore, the National Security Agency/

Central Security Services is adopting the 

rule as published below.

List of Subjects in 32 CFR Part 322

Privacy.

PART 32—[AMENDED]

■ 1. The authority citation for 32 CFR 

part 322 continues to read as follows:

Authority: Pub. L. 93–579, 88 Stat. 1896 (5 

U.S.C. 552a).

■ 2. Amend § 322.7, by adding a new 

paragraph (q) as follows:

§ 322.7 Exempt systems of records.

* * * * *

(q) GNSA 20. 

(1) System name: NSA Police 

Operational Files. 

(2) Exemption: (i) Investigatory 

material compiled for law enforcement 

purposes, other than material within the 

scope of subsection 5 U.S.C. 552a(j)(2), 

may be exempt pursuant to 5 U.S.C. 

552a(k)(2). However, if an individual is 

denied any right, privilege, or benefit for 

which he would otherwise be entitled 

by Federal law or for which he would 

otherwise be eligible, as a result of the 

maintenance of the information, the 

individual will be provided access to 

the information exempt to the extent 

that disclosure would reveal the identity 

of a confidential source. Note: When 

claimed, this exemption allows limited 

protection of investigative reports 

maintained in a system of records used 

in personnel or administrative actions. 

(ii) Records maintained solely for 

statistical research or program 

evaluation purposes and which are not 

used to make decisions on the rights, 

benefits, or entitlement of an individual 

except for census records which may be 

disclosed under 13 U.S.C. 8, may be 

exempt pursuant to 5 U.S.C. 552a(k)(4). 

(iii) Investigatory material compiled 

solely for the purpose of determining 

suitability, eligibility, or qualifications 

for federal civilian employment, 

military service, federal contracts, or 

access to classified information may be 

exempt pursuant to 5 U.S.C. 552a(k)(5), 

but only to the extent that such material 

would reveal the identity of a 

confidential source. 

(iv) All portions of this system of 

records which fall within the scope of 

5 U.S.C. 552a(k)(2), (k)(4), and (k)(5) 

may be exempt from the provisions of 

5 U.S.C. 552a(c)(3), (d), (e)(1), (e)(4)(G), 

(e)(4)(H), (e)(4)(I) and (f).

(3) Authority: 5 U.S.C. 552a(k)(2), 

(k)(4), and (k)(5). 

(4) Reasons: (i) From subsection (c)(3) 

because the release of the disclosure 

accounting would place the subject of 

an investigation on notice that they are 

under investigation and provide them 

with significant information concerning 

the nature of the investigation, thus 

resulting in a serious impediment to law 

enforcement investigations. 

(ii) From subsections (d) and (f) 

because providing access to records of a 

civil or administrative investigation and 

the right to contest the contents of those 

records and force changes to be made to 

the information contained therein 

would seriously interfere with and 

thwart the orderly and unbiased 

conduct of the investigation and impede 

case preparation. Providing access rights 

normally afforded under the Privacy Act 

would provide the subject with valuable 

information that would allow 

interference with or compromise of 

witnesses or render witnesses reluctant 

to cooperate; lead to suppression, 

alteration, or destruction of evidence; 

enable individuals to conceal their 

wrongdoing or mislead the course of the 

investigation; and result in the secreting 

of or other disposition of assets that 

would make them difficult or 

impossible to reach in order to satisfy 

any Government claim growing out of 

the investigation or proceeding. 

(iii) From subsection (e)(1) because it 

is not always possible to detect the 

relevance or necessity of each piece of 

information in the early stages of an 

investigation. In some cases, it is only 

after the information is evaluated in 

light of other evidence that its relevance 

and necessity will be clear. 

(iv) From subsections (e)(4)(G) and (H) 

because this system of records is 

compiled for investigative purposes and 

is exempt from the access provisions of 

subsections (d) and (f). 

(v) From subsection (e)(4)(I) because 

to the extent that this provision is 

construed to require more detailed 

disclosure than the broad, generic 

information currently published in the 

system notice, an exemption from this 

provision is necessary to protect the 

confidentiality of sources of information 

and to protect privacy and physical 

safety of witnesses and informants.

Dated: October 20, 2004. 

L.M. Bynum, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense.

[FR Doc. 04–23887 Filed 10–25–04; 8:45 am] 

BILLING CODE 5001–06–M

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165

[CGD01–04–078] 

RIN 1625–AA00

Safety Zone; Wantagh Parkway 3 

Bridge Over the Sloop Channel, Town 

of Hempstead, NY

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

SUMMARY: The Coast Guard is 

establishing a temporary safety zone in 

the waters surrounding the Wantagh 

Parkway Number 3 Bridge across the 

Sloop Channel in the Town of 

Hempstead, New York. This zone is 

Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 62409

necessary to protect vessels transiting in 

the area from hazards imposed by 

construction barges and equipment. The 

barges and equipment are being utilized 

to construct a new bascule bridge over 

the Sloop Channel. Entry into this zone 

is prohibited unless authorized by the 

Captain of the Port Long Island Sound, 

New Haven, Connecticut.

DATES: This rule is effective from 12:01 

a.m. on October 9, 2004, until 11:59 

p.m. on December 31, 2004.

ADDRESSES: Documents indicated in this 

preamble as being available in the 

docket are part of docket CGD01–04–

078 and will be available for inspection 

or copying at Group/MSO Long Island 

Sound, New Haven, CT, between 9 a.m. 

and 3 p.m., Monday through Friday, 

except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Lieutenant A. Logman, Waterways 

Management Officer, Coast Guard 

Group/Marine Safety Office Long Island 

Sound at (203) 468–4429.

SUPPLEMENTARY INFORMATION: 

Regulatory History 

We did not publish a notice of 

proposed rulemaking (NPRM) for this 

regulation. Good cause exists for not 

publishing an NPRM and for making 

this regulation effective less than 30 

days after Federal Register publication. 

Immediate action is needed to restrict 

and control maritime traffic transiting in 

the vicinity of the Sloop Channel under 

the Wantagh Parkway Number 3 Bridge 

in the Town of Hempstead, Nassau 

County, Long Island, New York. In 

2003, the Coast Guard approved bridge 

construction and issued a permit for 

bridge construction for the Wantagh 

Parkway Number 3 Bridge over the 

Sloop Channel. Contractors began work 

constructing the two bascule piers for 

the new bridge in early June. A safety 

zone was not deemed necessary at the 

inception of the construction, as this 

channel is primarily used by smaller 

recreational vessels, which could 

maneuver outside of the channel. 

However, bridge construction 

equipment, now remaining under the 

Wantagh Parkway Number 3 Bridge 

poses a potential hazard wherein a 

safety zone is immediately required. 

The delay inherent in the NPRM 

process is contrary to the public interest 

and impracticable, as immediate action 

is needed to prevent accident by vessels 

transiting the area with the construction 

equipment. 

Background and Purpose 

Currently, there is a fixed bridge over 

the Wantagh Parkway Number 3 Bridge 

over the Sloop Channel in the Town of 

Hempstead, New York. New York 

Department of Transportation 

determined that a moveable bridge 

would benefit the boating community. 

In 2003, the Coast Guard approved 

bridge construction and issued a permit 

for bridge construction for the Wantagh 

Parkway Number 3 Bridge over the 

Sloop Channel. Contractors began work 

constructing the two-bascule piers for 

the new bridge in early June 2004. 

Construction is expected to take until at 

least December 31, 2004. The equipment 

necessary for the construction of the 

bridge occupies the entire navigable 

channel. While there are side channels 

which can be navigated, the equipment 

in the channel is extensive and poses a 

hazard to recreational vessels 

attempting to transit the waterway via 

the side channels under the bridge. 

To ensure the safety of the boating 

community, the Coast Guard is 

establishing a safety zone in all waters 

of the Sloop Channel within 300 yards 

of the bridge. This safety zone is 

necessary to protect the safety of the 

boating community who wish to utilize 

the Sloop Channel.

Discussion of Rule 

This regulation establishes a 

temporary safety zone on the waters of 

the Sloop Channel within 300-yards of 

the Wantagh Parkway Bridge. This 

action is intended to prohibit vessel 

traffic in a portion of the Sloop Channel 

in the Town of Hempstead, New York 

to provide for the safety of the boating 

community due to the hazards posed by 

significant construction equipment 

located in the waterway for the 

construction of a new bascule bridge. 

The safety zone is in effect from 12:01 

a.m. on October 8, 2004, until 11:59 

p.m. on December 31, 2004. Marine 

traffic may transit safely outside of the 

safety zone during the effective dates of 

the safety zone, allowing navigation in 

the Sloop Channel, except the portion 

delineated by this rule. Vessels may 

utilize the Goose Neck Channel in order 

to transit to those areas accessible by 

Sloop Channel. Entry into this zone is 

prohibited unless authorized by the 

Captain of the Port, Long Island Sound. 

Any violation of the safety zone 

described herein is punishable by, 

among others, civil and criminal 

penalties, in rem liability against the 

offending vessel, and license sanctions. 

Regulatory Evaluation 

This rule is not a ‘‘significant 

regulatory action’’ under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. It is not ‘‘significant’’ under the 

regulatory policies and procedures of 

the Department of Homeland Security 

(DHS). We expect the economic impact 

of this rule will be so minimal that a full 

Regulatory Evaluation under the 

regulatory policies and procedures of 

DHS is unnecessary. This regulation 

may have some impact on the public, 

but the potential impact will be 

minimized for the following reasons: 

vessels may transit in all areas of the 

Sloop Channel other than the area of the 

safety zone, and may utilize other routes 

with minimal increased transit time. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this rule will have a significant 

economic impact on a substantial 

number of small entities. The term 

‘‘small entities’’ comprises small 

businesses, not-for-profit organizations 

that are independently owned and 

operated and are not dominant in their 

fields, and governmental jurisdictions 

with populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this rule will not have 

a significant economic impact on a 

substantial number of small entities. 

This rule may affect the following 

entities, some of which may be small 

entities: The owners or operators of 

vessels intending to transit or anchor in 

those portions of the Sloop Channel in 

the Town of Hempstead, New York 

covered by the safety zone. For the 

reasons outlined in the Regulatory 

Evaluation section above, this rule will 

not have a significant impact on a 

substantial number of small entities. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under subsection 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 [Pub. L. 104–121], 

the Coast Guard wants to assist small 

entities in understanding this rule so 

that they can better evaluate its effects 

on them and participate in the 

rulemaking. If this rule will affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please call 

Lieutenant A. Logman, Waterways 

62410 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 

Management Officer, Group/Marine 

Safety Office Long Island Sound, at 

(203) 468–4429.

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1–

888–REG–FAIR (1–888–734–3247). 

Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501–

3520). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this rule under that Order and have 

determined that it does not have 

implications for federalism. 

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 

expenditure, we do discuss the effects of 

this rule elsewhere in this preamble. 

Taking of Private Property 

This rule will not affect 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 

will not concern an environmental risk 

to health or risk to safety that may 

disproportionately affect children. 

Indian Tribal Governments 

This rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

With Indian Tribal Governments, 

because it will 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. 

To help the Coast Guard establish 

regular and meaningful consultation 

and collaboration with Indian and 

Alaskan Native tribes, we published a 

notice in the Federal Register (66 FR 

36361, July 11, 2001) requesting 

comments on how to best carry out the 

Order. We invite your comments on 

how this rule might impact tribal 

governments, even if that impact may 

not constitute a ‘‘tribal implication’’

under the Order. 

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. It has not been designated by the 

Administrator of the Office of 

Information and Regulatory Affairs as a 

significant energy action, therefore it 

does not 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 

The Coast Guard considered the 

environmental impact of this rule and 

concluded that, under figure 2–1, 

paragraph 34(g), of Commandant 

Instruction M16475.1D, this rule is 

categorically excluded from further 

environmental documentation. A 

Categorical Exclusion Determination is 

available in the docket where indicated 

under ADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways.

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows:

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS

■ 1. The authority citation for part 165 

continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1.

■ 2. From 12:01 a.m. October 9, 2004 to 

11:59 p.m. on December 31, 2004 add 

temporary § 165.T01–078 to read as 

follows:

§ 165.T01–078 Safety Zone: Wantagh 

Parkway Number 3 Bridge over the Sloop 

Channel, Town of Hempstead, NY. 

(a) Location. The following area is a 

safety zone: All waters of the Sloop 

Channel in Hempstead, NY within 300-

yards of the Wantagh Parkway Number 

3 Bridge over the Sloop Channel. 

(b) Effective date. This rule is effective 

from 12:01 a.m. on October 9, 2004 until 

11:59 p.m. on December 31, 2004. 

(c) Regulations. (1) In accordance with 

the general regulations in 165.33 of this 

part, entry into or movement within this 

zone is prohibited unless authorized by 

the Captain of the Port (COTP), Long 

Island Sound. 

(2) All persons and vessels must 

comply with the instructions of the 

COTP, or the designated on-scene U.S. 

Coast Guard representative. On-scene 

Coast Guard patrol personnel include 

commissioned, warrant, and petty 

officers of the Coast Guard on board 

Coast Guard, Coast Guard Auxiliary, 

and local, state, and federal law 

enforcement vessels.

Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Rules and Regulations 62411

1Because of the administrative burden, the 

Library cannot undertake to send separate 

notifications to each transmitting organization 

whenever the Library has recorded a radio 

transmission program.

Dated: October 8, 2004. 

Peter J. Boynton, 

Captain, U.S. Coast Guard, Captain of the 

Port, Long Island Sound.

[FR Doc. 04–23962 Filed 10–25–04; 8:45 am] 

BILLING CODE 4910–15–P

LIBRARY OF CONGRESS

Copyright Office 

37 CFR Part 202

[Docket No. RM 2004–3A] 

Acquisition and Deposit of 

Unpublished Audio and Audiovisual 

Transmission Programs

AGENCY: Copyright Office, Library of 

Congress.

ACTION: Final rule.

SUMMARY: This final rule amends the 

regulations of the Copyright Office to 

extend the Library of Congress’

recording of unpublished transmission 

programs that have been fixed in a 

tangible medium of expression, which 

currently involves the recording of 

unpublished television programs, to 

include the recording of unpublished 

radio and other audio and audiovisual 

transmission programs.

EFFECTIVE DATE: November 26, 2004.

FOR FURTHER INFORMATION CONTACT:

David Carson, General Counsel, or 

Charlotte Douglass, Principal Legal 

Advisor, Office of the Copyright General 

Counsel, Copyright GC/I&R, PO Box 

70400, Southwest Station, Washington, 

DC 20024–0400. Telephone: (202) 707–

8380; Fax: (202) 707–8366.

SUPPLEMENTARY INFORMATION: On August 

5, 2004, the Copyright Office published 

a notice of proposed rulemaking seeking 

comment on a proposed amendment to 

its regulation codified at 37 CFR 202.22. 

Section 407(e)(1) of the Copyright Act 

provides that the Librarian of Congress 

may record unpublished transmission 

programs that have been fixed and 

transmitted to the public in accordance 

with regulations established by the 

Register of Copyrights. Up until now, 

those regulations have provided for the 

fixation only of unpublished television 

transmission programs. However, the 

Library now wishes to record other 

audio and audiovisual transmission 

programs as authorized by section 

407(e)(1), and the proposed amendment 

would provide for such recording. 

Specifically, the amendment would 

permit the Library of Congress to record 

fixed and unpublished audio and 

audiovisual transmission programs. As 

with the present rule for television, this 

regulation would enable the Library to 

record or demand unpublished radio 

transmission programs. Based on 

empirical and survey information, the 

Copyright Office’s presumption is that 

commercial and noncommercial radio 

transmission programs are unpublished. 

In consideration of the significance of 

these widely disseminated forms of 

public communication, the regulation 

would also extend the Library’s 

acquisition authority to cable, satellite 

and Internet transmission programs. 

Copyright owners may use the 

recordings made or demanded by the 

Library of Congress under this 

regulation to satisfy the deposit 

requirements for registration of 

copyright claims. 17 U.S.C. 408. 

In response to the notice of proposed 

rulemaking, the Copyright Office 

received two comments. The California 

Association of Library Trustees and 

Commissioners supported the Library’s 

proposed rule, stating that increasing 

the Library’s holdings in this way 

benefits the archive and research 

community. The National Association of 

Broadcasters (NAB) did not oppose the 

regulation, but asserted that the notice 

of proposed rulemaking provided no 

basis for presuming that all radio 

transmission programs have been fixed. 

NAB pointed out that the Library’s 

existing practice with respect to 

television programs is to provide notice 

to commercial television stations of its 

intention to record specific programs, or 

that it has recorded such programs, at 

which point the station may confirm or 

dispute the Library’s belief with respect 

to the fixed or unpublished status of the 

program. Moreover, NAB asserted that 

in order meaningfully to exercise the 

time limited option of using the 

Library’s recording as a deposit when 

registering claims to copyright, its 

members need to receive notice of the 

particular programs that the Library has 

recorded. 

In response to both of NAB’s 

concerns, the final rule announced 

herein includes a new provision 

requiring the Library to maintain on its 

Web site, at http://www.loc.gov/rr/

record, for audio recordings, or http://

www.loc.gov/rr/mopic, for audiovisual 

recordings, a list of the transmission 

programs that it has recorded under this 

authority. A radio, cable, satellite, or 

Internet transmission program that has 

been recorded by the Library shall be 

included on the list within fourteen 

days of the recording by the Library.1

Making this information publicly 

available on the Web site gives the 

copyright owner the opportunity to 

challenge the Library’s presumption that 

a particular transmission program had 

been fixed and unpublished, and it also 

gives the copyright owner notice that a 

recording has been made by the Library 

that the owner may use as a deposit in 

connection with registration of a 

copyright claim in the transmission 

program.

List of Subjects 

Copyright, Sound recordings.

Final Regulation

■ In consideration of the foregoing, the 

Copyright Office amends part 202 of 37 

CFR to read as follows:

PART 202—REGISTRATION OF 

CLAIMS TO COPYRIGHT

■ 1. The authority citation for part 202 

continues to read as follows:

Authority: 17 U.S.C. 702, 407 and 408.

■ 2. Section 202.22 is amended as 

follows:

■ a. by revising the section heading;

■ b. by revising paragraph (a);

■ c. by revising paragraph (b)(1);

■ d. in paragraph (b)(2), by removing ‘‘by 

Pub. L. 94–553’’;

■ e. by revising the heading of paragraph 

(c);

■ f. by revising paragraph (c)(1);

■ g. in paragraph (c)(2), by removing 

‘‘copied off-the-air’’ and adding 

‘‘recorded’’ in its place;

■ h. in paragraph (c)(3), by removing 

‘‘copy off-the-air’’ and adding ‘‘record’’

in its place, by removing ‘‘television’’, 

and by removing ‘‘copying’’ and adding 

‘‘recording’’ in its place;

■ i. by revising paragraph (c)(4);

■ j. in paragraph (c)(5) introductory text, 

by removing ‘‘off-the-air copying’’ and 

adding ‘‘recording’’ in its place;

■ k. in paragraph (c)(5)(iii), by removing 

‘‘with notice of copyright’’;

■ l. in paragraph (c)(6) introductory text, 

by removing ‘‘off-the-air’’ and by adding 

‘‘or phonorecord’’ after ’’copy’’;

■ m. in paragraph (c)(7), by adding ‘‘or 

phonorecord’’ after ‘‘copy’’;

■ n. by revising (c)(8) introductory text;

■ o. in the heading for paragraph (d), by 

removing ‘‘television’’;

■ p. in paragraph (d)(1), by adding ’’or 

phonorecord’’ after ‘‘copy’’;

■ q. in paragraph (d)(3)(ii), by adding ‘‘or 

phonorecord’’ after ‘‘copy’’ each place it 

appears;

■ r. in paragraph (d)(3)(iv), by removing 

‘‘copies’’’ and adding ‘‘of the copies or 

phonorecords’’ after ‘‘use’’;

■ s. in paragraph (d)(3)(v), by removing 

‘‘(a) and (c)’’;