Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Proposed Rules 15389 

analysis under the Regulatory 

Flexibility Act. 

Unfunded Mandates Reform Act of 1995 

This proposed amendment does not 

involve a mandate that will result in the 

expenditure by State, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any year and it will not significantly 

or uniquely affect small governments. 

Therefore, no actions were deemed 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995. 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

This proposed amendment has been 

found not to be a major rule within the 

meaning of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. 

Executive Orders 12372 and 13132 

This proposed amendment will 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. Therefore, in 

accordance with Executive Order 13132, 

it is determined that this amendment 

does not have sufficient federalism 

implications to require consultations or 

warrant the preparation of a federalism 

summary impact statement. The 

regulations implementing Executive 

Order 12372 regarding 

intergovernmental consultation on 

Federal programs and activities do not 

apply to this amendment. 

Executive Order 12866 

This proposed amendment is exempt 

from review under Executive Order 

12866, but has been reviewed internally 

by the Department of State to ensure 

consistency with the purposes thereof. 

Executive Order 13175 

The Department of State has 

determined that this rulemaking will 

not have tribal implications, will not 

impose substantial direct compliance 

costs on Indian tribal governments, and 

will not preempt tribal law. 

Accordingly, the requirement of section 

5 of Executive Order 13175 does not 

apply to this rulemaking. 

Paperwork Reduction Act 

This proposed amendment does not 

impose any new reporting or 

recordkeeping requirements subject to 

the Paperwork Reduction Act, 44 U.S.C. 

Chapter 35. 

List of Subjects 

22 CFR Parts 124 and 129 

Arms and munitions, Exports, 

Technical assistance. 

22 CFR Part 126 

Arms and munitions, Exports. 

Accordingly, for the reasons set forth 

above, Title 22, Chapter I, Subchapter 

M, parts 124, 126, and 129 are proposed 

to be amended as follows: 

PART 124—AGREEMENTS, OFFSHORE PROCUREMENT AND OTHER 

DEFENSE SERVICES 

1. The authority citation for part 124 

is revised to read as follows: 

Authority: Secs. 2, 38, and 71, Pub. L. 90– 

629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2797); E.O. 11958, 42 FR 4311; 3 CFR, 1977 

Comp., p. 79; 22 U.S.C. 2651a; 22 U.S.C. 

2776; Pub. L. 105–261. 

2. Section 124.1 is amended by 

revising paragraph (a) to read as follows: 

§ 124.1 Manufacturing license agreements 

and technical assistance agreements. 

(a) Approval. The approval of the 

Directorate of Defense Trade Controls 

must be obtained before the defense 

services described in § 120.9(a) of this 

subchapter may be furnished. In order 

to obtain such approval, the U.S. person 

must submit a proposed agreement to 

the Directorate of Defense Trade 

Controls. Such agreements are generally 

characterized as manufacturing license 

agreements, technical assistance 

agreements, distribution agreements, or 

off-shore procurement agreements, and 

may not enter into force without the 

prior written approval of the Directorate 

of Defense Trade Controls. Once 

approved, the defense services 

described in the agreements may 

generally be provided without further 

licensing in accordance with §§ 124.3 

and 125.4(b)(2) of this subchapter. The 

requirements of this section apply 

whether or not technical data is to be 

disclosed or used in the performance of 

the defense services described in 

§ 120.9(a) of this subchapter (e.g., all the 

information relied upon by the U.S. 

person in performing the defense 

service is in the public domain or is 

otherwise exempt from licensing 

requirements of this subchapter 

pursuant to § 125.4 of this subchapter). 

This requirement also applies to the 

training of any foreign military forces, 

regular and irregular, in the use of 

defense articles. Technical assistance 

agreements must be submitted in such 

cases. In exceptional cases, the 

Directorate of Defense Trade Controls, 

upon written request, will consider 

approving the provision of defense 

services described in § 120.9(a) of this 

subchapter by granting a license under 

part 125 of this subchapter. 

* * * * * 

PART 126—GENERAL POLICIES AND 

PROVISIONS 

3. The authority citation for part 126 

continues to read as follows: 

Authority: Secs. 2, 38, 40, 42 and 71, Pub. 

L. 90–629, 90 Stat. 744 (22 U.S.C. 2752, 2778, 

2780, 2791 and 2797); E.O. 11958, 42 FR 

4311; 3 CFR, 1977 Comp., p. 79; 22 U.S.C. 

2651a; 22 U.S.C. 287c; E.O. 12918, 59 FR 

28205; 3 CFR, 1994 Comp., p. 899; Sec. 1225, 

Pub. L. 108–375. 

§ 126.8 [Removed and Reserved] 

4. Section 126.8 is removed and 

reserved. 

5. Section 126.13 is amended by 

revising paragraph (a) to read as follows: 

§ 126.13 Required information. 

(a) All applications for licenses (DSP– 

5, DSP–61, DSP–73, and DSP–85), all 

requests for approval of agreements and 

amendments thereto under part 124 of 

this subchapter, and all requests for 

written authorizations must include a 

letter signed by a responsible official 

empowered by the applicant and 

addressed to the Directorate of Defense 

Trade Controls, stating whether: 

* * * * * 

PART 129—REGISTRATION AND 

LICENSING OF BROKERS 

6. The authority citation for part 129 

is revised to read as follows: 

Authority: Sec. 38, Pub. L. 104–164, 110 

Stat. 1437, (22 U.S.C. 2778). 

§ 129.8 [Amended] 

7. Section 129.8 is amended by 

removing paragraph (c). 

Dated: March 3, 2010. 

Ellen O. Tauscher, 

Under Secretary, Arms Control and 

International Security, Department of State. 

[FR Doc. 2010–6905 Filed 3–26–10; 8:45 am] 

BILLING CODE 4710–25–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

25 CFR CHAPTER VI 

No Child Left Behind School Facilities 

and Construction Negotiated 

Rulemaking Committee Meeting 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice. 


srobinson on DSKHWCL6B1PROD with PROPOSALS
15390 Federal Register / Vol. 75, No. 59 / Monday, March 29, 2010 / Proposed Rules 

SUMMARY: In accordance with the 

Federal Advisory Committee Act, the 

Bureau of Indian Affairs is announcing 

that the No Child Left Behind School 

Facilities and Construction Negotiated 

Rulemaking Committee will hold its 

second meeting in Seattle, Washington. 

The purpose of the meeting is to 

continue negotiations to prepare a 

report or reports regarding Bureaufunded school facilities as required 

under the No Child Left Behind Act of 

2001. 

DATES: The Committee’s second meeting 

will begin at 8:30 a.m. on April 12, 

2010, and end at 12 p.m. on April 15, 

2010. 

ADDRESSES: The meeting will be held at 

the Hilton Seattle Airport and 

Conference Center, 17620 International 

Blvd., Seattle, Washington 98188–4001. 

FOR FURTHER INFORMATION CONTACT: The 

Designated Federal Official, Michele F. 

Singer, Director, Office of Regulatory 

Affairs and Collaborative Action, Office 

of the Assistant Secretary—Indian 

Affairs, 1001 Indian School Road, NW., 

Suite 312, Albuquerque, NM 87104; 

telephone (505) 563–3805; fax (505) 

563–3811. 

SUPPLEMENTARY INFORMATION: The No 

Child Left Behind School Facilities and 

Construction Negotiated Rulemaking 

Committee was established to prepare 

and submit a report or reports to the 

Secretary of the Interior setting out: a 

method for creating a catalog of school 

facilities; a list of school replacement 

and new construction needs of the 

interested parties and a formula for 

equitable distribution of funds to 

address those needs; a list of major and 

minor renovation needs of the interested 

parties and a formula for equitable 

distribution of funds to address those 

needs; and facilities standards for homeliving (dormitory) situations. 

The following items will be on the 

agenda: 

• Review of Committee Operating 

Procedures, discussion, and approval; 

• Review of Committee criteria for 

decision-making developed in the 

visioning exercise in January 2010; 

• Overview, review, and discussion 

of key formulas from the FMIS March 

2010 Training; 

• Small group and subcommittee 

work: Dormitory Standards, Catalogue/ 

Inventory, and Formula for Repair and 

Renovation; 

• Report back from subcommittee 

work and discussion; 

• Discussion of programmatic 

requirements and facility issues; 

• Discussion of report outline; 

• Discussion of formula and approach 

to new school construction; 

• Refinement of options for catalogue 

and tentative consensus; 

• Finalization of subcommittees, 

logistics, next steps, and other details; 

• Assessment of the second meeting; 

and 

• Public comments. 

Written comments may be sent to the 

Designated Federal Official listed in the 

FOR FURTHER INFORMATION CONTACT

section above. All meetings are open to 

the public; however, transportation, 

lodging, and meals are the responsibility 

of the participating public. 

Dated: March 22, 2010. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2010–7061 Filed 3–26–10; 8:45 am] 

BILLING CODE 4310–W7–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

Gap in Termination Provisions; Inquiry 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of public inquiry; request 

for comments. 

SUMMARY: The Copyright Office is 

seeking comments regarding the 

application of Title 17 to the 

termination of certain grants of transfers 

or licenses of copyright, specifically 

those for which execution of the grant 

occurred prior to January 1, 1978 and 

creation of the work occurred on or after 

January 1, 1978. The Copyright Office is 

seeking comments at this time because 

the deadlines for serving notices of 

termination for 1978 grants will begin to 

expire in 2011 and some stakeholders 

have raised questions with the Office 

and some Congressional Offices. 

DATES: Initial comments on the Notice 

of Inquiry and Requests for Comments 

are due on or before April 30, 2010. 

Reply comments are due on or before 

May 14, 2010. 

ADDRESSES: The Copyright Office 

strongly prefers that comments be 

submitted electronically. A comment 

page containing a comment form is 

posted on the Copyright Office Web site 

at http://www.copyright.gov/docs/ 

termination. The Web site interface 

requires submitters to complete a form 

specifying name and organization, as 

applicable, and to upload comments as 

an attachment via a browse button. 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 202–707–1027 for 

special instructions. 

FOR FURTHER INFORMATION CONTACT: 

Maria Pallante, Associate Register, 

Policy and International Affairs, by 

telephone at 202–707–1027 or by 

electronic mail at mpall@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

The Copyright Act gives authors (and 

some heirs, beneficiaries and 

representatives who are specified by 

statute) the right to terminate certain 

grants of transfers or licenses, subject to 

the passage of time set forth in the 

statute and the execution of certain 

conditions precedent. 

Termination rights (also referred to as 

‘‘recapture rights’’) are equitable 

accommodations under the law. They 

allow authors or their heirs a second 

opportunity to share in the economic 

success of their works. Codified in 

sections 304(c), 304(d) and 203 of Title 

17, respectively, they encompass grants 

made before as well as after January 1, 

1978 (the effective date of the 1976 

Copyright Act). (The provisions do not 

apply to copyrights in works made for 

hire or grants made by will.) 

This inquiry concerns a narrow set of 

facts that some authors and their 

representatives have brought to the 

attention of the Copyright Office and 

some Congressional Offices. 

Specifically, the Office is interested in 

whether or how the termination 

provisions apply in circumstances 

where the grant was executed prior to 

January 1, 1978, but the work was 

created on or after January 1, 1978. For 

such works, there appears to be some 

confusion and possible disagreement 

among some stakeholders as to whether 

termination rights are exercisable in the 

first place and, if they are, which 

statutory provision applies. In seeking 

comments, the Office is aware that 

termination rights may only be 

exercised during the window of time 

specified by statute and the deadlines 


srobinson on DSKHWCL6B1PROD with PROPOSALS