Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 67781 

Federal and State law become 

increasingly similar. For example, a 

sound recording published in 1940 

would be protected until the end of 

2035 instead of February 15, 2067; one 

published in 1970 would be protected 

until the end of 2065 instead of 

February 15, 2067. In the case of one 

category of works—unpublished sound 

recordings whose term is measured by 

the life of author—there would actually 

be an extension of term if the author 

died after 1997. For example, if the 

author of an unpublished pre-1972 

sound recording died in 2010, that 

sound recording would be protected 

under Federal law until the end of 2080. 

In the 1976 Copyright Act, Congress 

made all unpublished works being 

brought under Federal law subject to the 

ordinary statutory term that the 1976 

Act provided for copyrighted works: life 

of the author plus 50 years (later 

extended by the CTEA to life of the 

author plus 70 years). However, 

Congress was concerned that for some 

works, applying the ordinary statutory 

copyright terms would mean that 

copyright protection would have 

expired by the effective date of the 1976 

Copyright Act, or would expire soon 

thereafter. Congress decided that 

removing subsisting common law rights 

and substituting statutory rights for a 

‘‘reasonable period’’ would be ‘‘fully in 

harmony with the constitutional 

requirements of due process.’’ H.R. Rep. 

No. 94-1476, at 138–39 (1976). 

Accordingly, the 1976 Copyright Act 

included a provision that gave all 

unpublished works, no matter how old, 

a minimum period of protection of 25 

years, until December 31, 2002. 17 

U.S.C. 303. If those works were 

published by that date, they would get 

an additional term of protection of 25 

years, to December 31, 2027 (later 

extended by the CTEA to 2047). 

If pre-1972 sound recordings were 

brought under Federal copyright law, 

should a similar provision be made for 

those recordings that otherwise would 

have little or no opportunity for Federal 

copyright protection? If so, what would 

be a ‘‘reasonable period’’ in this context, 

and why? If not, would the legislation 

encounter constitutional problems (e.g., 

due process, or Takings Clause issues)? 

Increasing the Availability of Pre-1972 

Sound Recordings 

23. If the requirements of due process 

make necessary some minimum period 

of protection, are there exceptions that 

might be adopted to make those 

recordings that have no commercial 

value available for use sooner? For 

example, would it be worthwhile to 

consider amending 17 U.S.C. 108(h) to 

allow broader use on the terms of that 

provision throughout any such 

‘‘minimum period?’’ Do libraries and 

archives rely on this provision to make 

older copyrighted works available? If 

not, why not? 

24. Are there other ways to enhance 

the ability to use pre-1972 sound 

recordings during any minimum term, 

should one be deemed necessary? 

25. How might rights holders be 

encouraged to make existing recordings 

available on the market? Would a 

provision like that in section 303—an 

extended period of protection 

contingent upon publication—be likely 

to encourage rights holders to make 

these works publicly available? 

Partial Incorporation 

26. The possibility of bringing pre1972 sound recordings under Federal 

law only for limited purposes has been 

raised. For example, some stakeholders 

seek to ensure that whether or not pre1972 sound recordings receive Federal 

copyright protection, they are in any 

event subject to the fair use doctrine and 

the library and archives exceptions 

found in sections 107 and 108, 

respectively, of the Copyright Act. 

Others would like to subject pre-1972 

sound recordings to the section 114 

statutory license, but otherwise keep 

them within the protection of State law 

rather than Federal copyright law. 

Is it legally possible to bring sound 

recordings under Federal law for such 

limited purposes? For example, can 

(and should) there be a Federal 

exception (such as fair use) without an 

underlying Federal right? Can (and 

should) works that do not enjoy Federal 

statutory copyright protection 

nevertheless be subject to statutory 

licensing under the Federal copyright 

law? What would be the advantages or 

disadvantages of such proposals? 

Miscellaneous Questions 

27. Could the incorporation of pre1972 sound recordings potentially affect 

in any way the rights in the underlying 

works (such as musical works); and if 

so, in what way? 

28. What other uses of pre-1972 

recordings, besides preservation and 

access activities by libraries and other 

cultural institutions, might be affected 

by a change from State to Federal 

protection? For example, to what extent 

are people currently engaging in 

commercial or noncommercial use or 

exploitation of pre-1972 sound 

recordings, without authorization from 

the rights holder, in reliance on the 

current status of protection under State 

law? If so, in what way? Would 

protecting pre-1972 sound recordings 

under Federal law affect the ability to 

engage in such activities? 

29. To the extent not addressed in 

response to the preceding question, to 

what extent are people currently 

refraining from making use, commercial 

or noncommercial, of pre-1972 sound 

recordings in view of the current status 

of protection under State law; and if so, 

in what way? 

30. Are there other factors relevant to 

a determination of whether pre-1972 

sound recordings should be brought 

under Federal law, and how that could 

be accomplished? 

Dated: October 29, 2010. 

David O. Carson, 

General Counsel. 

[FR Doc. 2010–27775 Filed 11–2–10; 8:45 am] 

BILLING CODE P 

NATIONAL ARCHIVES AND RECORDS 

ADMINISTRATION 

Records Schedules; Availability and 

Request for Comments 

AGENCY: National Archives and Records 

Administration (NARA). 

ACTION: Notice of availability of 

proposed records schedules; request for 

comments. 

SUMMARY: The National Archives and 

Records Administration (NARA) 

publishes notice at least once monthly 

of certain Federal agency requests for 

records disposition authority (records 

schedules). Once approved by NARA, 

records schedules provide mandatory 

instructions on what happens to records 

when no longer needed for current 

Government business. They authorize 

the preservation of records of 

continuing value in the National 

Archives of the United States and the 

destruction, after a specified period, of 

records lacking administrative, legal, 

research, or other value. Notice is 

published for records schedules in 

which agencies propose to destroy 

records not previously authorized for 

disposal or reduce the retention period 

of records already authorized for 

disposal. NARA invites public 

comments on such records schedules, as 

required by 44 U.S.C. 3303a(a). 

DATES: Requests for copies must be 

received in writing on or before 

December 3, 2010. Once the appraisal of 

the records is completed, NARA will 

send a copy of the schedule. NARA staff 

usually prepare appraisal 

memorandums that contain additional 

information concerning the records 

covered by a proposed schedule. These, 

too, may be requested and will be 


jlentini on DSKJ8SOYB1PROD with NOTICES
67782 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 

provided once the appraisal is 

completed. Requesters will be given 30 

days to submit comments. 

ADDRESSES: You may request a copy of 

any records schedule identified in this 

notice by contacting the Life Cycle 

Management Division (NWML) using 

one of the following means: 

Mail: NARA (NWML), 8601 Adelphi 

Road, College Park, MD 20740–6001. 

E-mail: request.schedule@nara.gov. 

Fax: 301–837–3698. 

Requesters must cite the control 

number, which appears in parentheses 

after the name of the agency which 

submitted the schedule, and must 

provide a mailing address. Those who 

desire appraisal reports should so 

indicate in their request. 

FOR FURTHER INFORMATION CONTACT: 

Laurence Brewer, Director, Life Cycle 

Management Division (NWML), 

National Archives and Records 

Administration, 8601 Adelphi Road, 

College Park, MD 20740–6001. 

Telephone: 301–837–1539. E-mail: 

records.mgt@nara.gov. 

SUPPLEMENTARY INFORMATION: Each year 

Federal agencies create billions of 

records on paper, film, magnetic tape, 

and other media. To control this 

accumulation, agency records managers 

prepare schedules proposing retention 

periods for records and submit these 

schedules for NARA’s approval, using 

the Standard Form (SF) 115, Request for 

Records Disposition Authority. These 

schedules provide for the timely transfer 

into the National Archives of 

historically valuable records and 

authorize the disposal of all other 

records after the agency no longer needs 

them to conduct its business. Some 

schedules are comprehensive and cover 

all the records of an agency or one of its 

major subdivisions. Most schedules, 

however, cover records of only one 

office or program or a few series of 

records. Many of these update 

previously approved schedules, and 

some include records proposed as 

permanent. 

The schedules listed in this notice are 

media neutral unless specified 

otherwise. An item in a schedule is 

media neutral when the disposition 

instructions may be applied to records 

regardless of the medium in which the 

records are created and maintained. 

Items included in schedules submitted 

to NARA on or after December 17, 2007, 

are media neutral unless the item is 

limited to a specific medium. (See 36 

CFR 1225.12(e).) 

No Federal records are authorized for 

destruction without the approval of the 

Archivist of the United States. This 

approval is granted only after a 

thorough consideration of their 

administrative use by the agency of 

origin, the rights of the Government and 

of private persons directly affected by 

the Government’s activities, and 

whether or not they have historical or 

other value. 

Besides identifying the Federal 

agencies and any subdivisions 

requesting disposition authority, this 

public notice lists the organizational 

unit(s) accumulating the records or 

indicates agency-wide applicability in 

the case of schedules that cover records 

that may be accumulated throughout an 

agency. This notice provides the control 

number assigned to each schedule, the 

total number of schedule items, and the 

number of temporary items (the records 

proposed for destruction). It also 

includes a brief description of the 

temporary records. The records 

schedule itself contains a full 

description of the records at the file unit 

level as well as their disposition. If 

NARA staff has prepared an appraisal 

memorandum for the schedule, it too 

includes information about the records. 

Further information about the 

disposition process is available on 

request. 

Schedules Pending 

1. Department of Agriculture, Grain 

Inspection, Packers, and Stockyard 

Administration (N1–545–08–9, 4 items, 

2 temporary items). Records of standing 

committees, including routine policy 

administrative files and non-substantive 

reports. Proposed for permanent 

retention are agendas, minutes, 

substantive reports, annual summaries, 

and records documenting official board 

and committee accomplishments. 

2. Department of Agriculture, Office 

of the Chief Economist (N1–16–10–6, 1 

item, 1 temporary item). Master file of 

an electronic information system used 

to manage world agriculture supply and 

demand estimates and records. 

3. Department of Agriculture, Office 

of the Chief Financial Officer (N1–16– 

10–7, 2 items, 2 temporary items). 

Master files of an electronic information 

system containing individual employee 

pay records. 

4. Department of the Army, Agencywide (N1–AU–10–86, 1 item, 1 

temporary item). Master files of an 

electronic information system used to 

create, manage, maintain, and process 

the lifecycle for all parts estimated or 

manufactured at Watervliet Arsenal. 

Included are inventory forms, tooling 

transfers, issue and return receipts, 

work order requests, and operational 

process approvals. 

5. Department of the Army, Agencywide (N1–AU–10–90, 1 item, 1 

temporary item). Master files of an 

electronic information system used to 

enable applicants to apply online for 

agency job vacancies. 

6. Department of Education, Office of 

Management (N1–441–09–15, 3 items, 3 

temporary items). Records of the Federal 

Student Aid program, including master 

files of electronic information systems 

used to provide oversight, compliance, 

and improvement services and monitor 

the performance of schools that 

participate in Title IV programs. 

7. Department of Education, Office of 

Management (N1–441–09–16, 6 items, 6 

temporary items). Master files of 

electronic information systems used to 

support the servicing, consolidation, 

and collection of Federal student aid 

obligations. The data includes financial 

statements, promissory notes, payment 

history, and other related documents. 

8. Department of Education, Office of 

Postsecondary Education (N1–441–09– 

19, 4 items, 4 temporary items). Records 

relating to institutions seeking 

accreditation, including petitions, 

reports, accrediting decisions, and 

related correspondence. Also included 

are master files of an electronic 

information system containing 

applications, petitions, and agency 

reports used in the accreditation 

process. 

9. Department of Health and Human 

Services, Centers for Medicare and 

Medicaid Services (N1–440–10–8, 1 

item, 1 temporary item). Master files of 

an electronic information system used 

to administrate registration for 

educational and training sessions. 

10. Department of Health and Human 

Services, Food and Drug Administration 

(N1–88–09–4, 48 items, 47 temporary 

items). Records of the Center for 

Veterinary Medicine, including subject 

files; correspondence; working group 

files; animal drug pre-marketing and 

marketing applications and related 

documentation; master files of an 

electronic system used to track loans of 

drug master files; investigational food 

additive files; food additive petitions; 

generally recognized as safe 

notifications and petitions; animal drug 

experience reports; medicated feed mill 

licensing files; and master files of an 

electronic system containing 

aquaculture information extracted from 

animal drug applications. Proposed for 

permanent retention are approved new 

animal drug product lists (Green Book). 

11. Department of Homeland Security, 

U.S. Immigration and Customs 

Enforcement (N1–567–10–8, 2 items, 2 

temporary items). Master files of an 

electronic information system 

containing case information regarding 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 67783 

suspended and debarred contractors, 

and related paper case files. 

12. Department of Homeland Security, 

U.S. Immigration and Customs 

Enforcement (N1–567–10–18, 2 items, 2 

temporary items). Case files containing 

voluntary enrollment forms and 

correspondence, and master files of an 

electronic information system 

containing victim and alien offender 

data to facilitate victim notification. 

13. Department of Homeland Security, 

U.S. Immigration and Customs 

Enforcement (N1–567–10–19, 1 item, 1 

temporary item). Master files of a legacy 

electronic information system 

containing case management 

information for alien detention and 

removal. 

14. Department of Homeland Security, 

U.S. Immigration and Customs 

Enforcement (N1–567–10–20, 2 items, 2 

temporary items). Master files of an 

electronic information system 

containing information about selectees 

for vacant positions. 

15. Department of Justice, Tax 

Division (N1–60–09–1, 1 item, 1 

temporary item). Memoranda 

documenting settlements in tax cases 

from the 1950s and 1960s. 

16. Department of Justice, Justice 

Management Division (N1–60–10–14, 2 

items, 2 temporary items). Record copy 

of and background information for the 

Security Program Operating Manual. 

17. Department of Justice, United 

States Attorneys’ Offices (N1–118–09–2, 

1 item, 1 temporary item). Master files 

of electronic information systems used 

to compile intelligence information 

from other existing systems for case 

research and investigations. 

18. Department of the Treasury, 

Internal Revenue Service (N1–58–10–5, 

3 items, 3 temporary items). Master 

files, outputs, and system 

documentation of an electronic 

information system used to collect data 

and statistics about revenue from 

enforcement activities. 

19. Department of the Treasury, 

Internal Revenue Service (N1–58–10– 

12, 1 item, 1 temporary item). Credit 

Bureau audit records used to fulfill 

information requests from credit bureau 

vendors. 

20. Department of the Treasury, 

Internal Revenue Service (N1–58–10–13 

1 item, 1 temporary item). Master files 

of an electronic information system 

used to extract data from other systems 

and track case inventory of statistics of 

income for large- and mid-sized 

business. 

21. Department of Veterans Affairs, 

Veterans Health Administration (N1– 

15–10–7, 5 items, 5 temporary items). 

Records relating to the credentialing of 

agency employees and health care 

facilities providing care for veterans. 

22. Defense Logistics Agency, Agencywide (N1–361–10–4, 4 items, 4 

temporary items). Master files and 

outputs of electronic information 

systems used to track inventories, 

ordering, and distribution of map 

products. 

23. Environmental Protection Agency, 

Agency-wide (N1–412–09–18, 1 item, 1 

temporary item). Master files of an 

electronic information system used to 

disseminate beach water quality and 

swimming advisory data. 

24. Federal Maritime Commission, 

Office of the Managing Director (N1– 

358–09–9, 4 items, 4 temporary items). 

Administrative records including 

commission orders, policies, and 

standard operating procedures. Included 

is the intranet website containing 

employee forms, telephone directory, 

agency policies, notifications, and links 

to agency web applications. 

25. U.S. Agency for International 

Development, Office of the Inspector 

General (N1–286–09–9, 1 item, 1 

temporary item). Master files of an 

electronic information system used to 

manage correspondence and workflow. 

Dated: October 27, 2010. 

Michael J. Kurtz, 

Assistant Archivist for Records Services— 

Washington, DC. 

[FR Doc. 2010–27766 Filed 11–2–10; 8:45 am] 

BILLING CODE 7515–01–P 

NUCLEAR REGULATORY 

COMMISSION 

Advisory Committee on Reactor 

Safeguards (ACRS); Meeting of the 

ACRS Subcommittee on Planning and 

Procedures 

The ACRS Subcommittee on Planning 

and Procedures will hold a meeting on 

December 1, 2010, in Room T–2B3, at 

11545 Rockville Pike, Rockville, 

Maryland. 

The entire meeting will be open to 

public attendance, with the exception of 

a portion that may be closed pursuant 

to 5 U.S.C. 552b(c)(2) and (6) to discuss 

organizational and personnel matters 

that relate solely to the internal 

personnel rules and practices of the 

ACRS, and information the release of 

which would constitute a clearly 

unwarranted invasion of personal 

privacy. 

The agenda for the subject meeting 

shall be as follows: 

Wednesday, December 1, 2010, 

12 p.m.–1 p.m. 

The Subcommittee will discuss 

proposed ACRS activities and related 

matters. The Subcommittee will gather 

information, analyze relevant issues and 

facts, and formulate proposed positions 

and actions, as appropriate, for 

deliberation by the Full Committee. 

Members of the public desiring to 

provide oral statements and/or written 

comments should notify the Designated 

Federal Official (DFO), Cayetano Santos 

(Telephone 301–415–7270 or E-mail 

Cayetano.Santos@nrc.gov) five days 

prior to the meeting, if possible, so that 

appropriate arrangements can be made. 

Thirty-five hard copies of each 

presentation or handout should be 

provided to the DFO thirty minutes 

before the meeting. In addition, one 

electronic copy of each presentation 

should be e-mailed to the DFO one day 

before the meeting. If an electronic copy 

cannot be provided within this 

timeframe, presenters should provide 

the DFO with a CD containing each 

presentation at least thirty minutes 

before the meeting. Electronic 

recordings will be permitted only 

during those portions of the meeting 

that are open to the public. Detailed 

procedures for the conduct of and 

participation in ACRS meetings were 

published in the Federal Register on 

October 21, 2010 [75 FR 65038–65039]. 

Detailed meeting agendas and meeting 

transcripts are available on the NRC 

Web site at http://www.nrc.gov/readingrm/doc-collections/acrs. Information 

regarding topics to be discussed, 

changes to the agenda, whether the 

meeting has been canceled or 

rescheduled, and the time allotted to 

present oral statements can be obtained 

from the Web site cited above or by 

contacting the identified DFO. 

Moreover, in view of the possibility that 

the schedule for ACRS meetings may be 

adjusted by the Chairman as necessary 

to facilitate the conduct of the meeting, 

persons planning to attend should check 

with these references if such 

rescheduling would result in a major 

inconvenience. 

Dated: October 27, 2010. 

Cayetano Santos, 

Chief, Reactor Safety Branch A, Advisory 

Committee on Reactor Safeguards. 

[FR Doc. 2010–27813 Filed 11–2–10; 8:45 am] 

BILLING CODE 7590–01–P 


jlentini on DSKJ8SOYB1PROD with NOTICES