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

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, OFF SHORE 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.


### 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 areport 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 thoseneeds; 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