[Federal Register: June 28, 2000 (Volume 65, Number 125)]

[Rules and Regulations]               

[Page 39819-39820]



-----------------------------------------------------------------------



LIBRARY OF CONGRESS



Copyright Office



37 CFR Parts 203, 204, 251, 252, 256, 257, 259, 260



[Docket No. 2000-5A]



 

Freedom of Information Act, Privacy Act, and Copyright 

Arbitration Royalty Panel: Policies and Procedures



AGENCY: Copyright Office, Library of Congress.



ACTION: Final rule; technical amendments.



-----------------------------------------------------------------------



SUMMARY: The Copyright Office is making non-substantive housekeeping 

amendments to its regulations to update them and to correct minor 

errors.



EFFECTIVE DATE: June 28, 2000.



FOR FURTHER INFORMATION CONTACT: Marilyn J. Kretsinger, Assistant 

General Counsel, Copyright Office GC/I&R, PO Box 70400, Southwest 

Station, Washington, DC 20024. Telephone: (202)707-8380. Telefax: 

(202)707-8366.



SUPPLEMENTARY INFORMATION: The Copyright Office periodically reviews 

its regulations as published in the Code of Federal Regulations (CFR) 

to correct minor and typographical errors in the published text. The 

Office has identified such errors in the currently published rules and 

makes corrections now. In addition, some corrections, such as the time 

allotted an agency to respond to a request under the Privacy Act, and 

the time in which an appeal must receive response, are changes made to 

conform the Office's regulations to the Privacy Act of 1974, which is 

part of the Administrative Procedure Act, 5 U.S.C. 552(a).

    The following sections are amended to correct these errors: Secs. 

203.3(a), 203.3(b)(2), 203.3(g), 203.4(c), 203.4(d), 203.4(f), 

203.4(g), 204.4(a), 204.4(c), 204.5(a), [205.4(c)*], 204.7(a), 204.7(b), 

204.8(a), and 204.8(b).



List of Subjects



37 CFR Part 203



    Freedom of information.



37 CFR Part 204



    Privacy.



Final Rule



    Accordingly, 37 CFR chapter II is amended by making the following 

corrections and amendments.



PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES



    1. The authority citation for part 203 continues to read as 

follows:



    Authority: 17 U.S.C. 702; 5 U.S.C. 552, as amended.





Sec. 203.3  [Amended]



    2. Section 203.3(a) is amended by removing ``and'' after ``legal'' 

and adding a ``,'' (comma) in its place.

    3. Section 203.3(b)(2) is amended by removing ``whether the 

materials'' and adding in its place ``whether the material'', and by 

removing ``constitute'' and adding ``constitutes'' in its place.

    4. Section 203.3(g) is amended by removing ``SE.'' and adding in 

its place ``SE''.





Sec. 203.4  [Amended]



    5. Section 203.4(c) is amended by removing ``SE.'' and adding in 

its place ``SE''; and by adding a comma after ``Friday''.

    6. Section 203.4(d) is amended by adding ``-6000'' after ``20559''; 

and by removing ``SE.'' and adding in its place ``SE''.

    7. Section 203.4(f) introductory text is amended by removing 

``S.E.'' and adding in its place ``SE''; and by adding a ``.'' (period) 

after ``DC'' and before ``Office hours are''.



[[Page 39820]]



    8. Section 203.4(f)(2) is amended by removing the ``.'' (period) 

after ``General Counsel of the United States Copyright Office'' and by 

adding in its place ``''at: Copyright GC/I&R, P.O. Box 70400, Southwest 

Station, Washington, DC 20024. The appeal should be clearly labeled 

`Freedom of Information Act Appeal'.''

    9. Section 203.4(g) is amended by removing ``In the event a request 

is denied and that denial is appealed, the Supervisory Copyright 

Information Specialist will refer the appeal to the General Counsel. 

Appeals shall be set forth in writing and addressed to the Supervisory 

Copyright Information Specialist at the address listed in paragraph (d) 

of this section.''



PART 204--PRIVACY ACT: POLICIES AND PROCEDURES



    10. The authority citation for part 204 is revised to read as 

follows:



    Authority: 17 U.S.C. 702; 5 U.S.C. 552(a).





Sec. 204.4  [Amended]



    11. Section 204.4(a) is amended by removing ``Information and 

Reference Division, Copyright Office, Library of Congress, Washington, 

DC 20559,'' and by adding in its place ``Copyright GC/I&R, P.O. Box 

70400, Southwest Station, Washington, DC 20024,''; and by removing ``9 

a.m. and 4 p.m.'' and adding ``8:30 a.m. and 5 p.m.'' in its place; and 

by removing ``SE.'' and adding in its place ``SE''.

    12. Section 204.4(c) is amended by removing ``within ten working 

days of receipt and will notify the requester within 30 working days of 

receipt of the existence or non-existence of records pertaining to the 

requester.'' and by adding in its place ``made by individuals wishing 

to gain access to view or copy their records or any information 

pertaining to the individual, within a reasonable time. The Office will 

acknowledge in writing an individual's request to amend a record 

pertaining to him or her within ten business days.''





Sec. 204.5  [Amended]



    13. Section 204.5(a) is amended by removing ``Information and 

Reference Division, Copyright Office, Library of Congress, Washington, 

DC 20559,'' and adding in its place ``Copyright GC/I&R, P.O. Box 70400, 

Southwest Station, Washington, DC 20024,''; and by removing ``SE.'' and 

adding in its place ``SE''.

    14. Section 204.5(c) is amended by removing the word ``ten'' and 

adding in its place ``20''.





Sec. 204.7  [Amended]



    15. Section 204.7(a) is amended by removing ``Information and 

Reference Division, Copyright Office, Library of Congress, Washington, 

DC 20559,'' and adding in its place ``Copyright GC/I&R, P.O. Box 70400, 

Southwest Station, Washington, DC 20024,''; and by removing ``SE.'' and 

adding in its place ``SE''.

    16. Section 204.7(b) is amended by removing ``10'' and adding 

``ten'' in its place.

    17. Section 204.8(a) is amended by removing ``has 90 calendar days 

from receipt of the Copyright Office's response to'' and adding in its 

place ``who disagrees with a refusal of the Copyright Office to amend 

his or her record may request a review of the denial. The decision will 

be made within 30 business days, unless the Office can demonstrate good 

cause for extending the 30 day period. If the requestor is dissatisfied 

with the agency's final determination, the individual may bring a civil 

action against the Office in the appropriate United States district 

court.''; and by removing ``Register of Copyright, Copyright Office, 

Library of Congress, Washington, DC 20559 for the final administrative 

determination'' and adding in its place, ``General Counsel, Copyright 

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

Washington, DC 20024,''; and by removing ``Register's'' and adding in 

its place ``Copyright Office General Counsel's''.

    18. Section 204.8(b) is amended by removing ``Register'' each place 

it appears and adding ``General Counsel'' in its place; and by removing 

``Register's'' and adding in its place ``General Counsel's''.



PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE



    19. The authority citation for part 251 continues to read as 

follows:



    Authority: 17 U.S.C. 801-803.





Sec. 251.44  [Amended]



    20. Section 251.44(f) is amended by adding the heading ``Service.'' 

after the paragraph designation (f).





Sec. 251.64  [Amended]



    21. Section 251.64 is amended by adding ``Such notice shall, to the 

extent feasible, describe the nature, general structure, and schedule 

of the proceeding.'' at the end of the paragraph.



PART 252--FILING OF CLAIMS TO CABLE ROYALTY FEES



    22. The authority citation for part 252 continues to read as 

follows:



    Authority: 17 U.S.C. 111(d)(4), 801, 803.





Sec. 252.4  [Amended]



    23. Section 252.4(a)(1) is amended by removing the ``.'' (period) 

after ``SE''.



PART 256--ADJUSTMENT OF ROYALTY FEE FOR CABLE COMPULSORY LICENSE



    24. The authority citation for part 256 continues to read as 

follows:



    Authority: 17 U.S.C. 702, 802.





Sec. 256.2  [Amended]



    25. Section 256.2(b)(2) is amended by removing [``acutal''*] and 

adding ``actual'' in its place.



PART 257--FILING OF CLAIMS TO SATELLITE CARRIER ROYALTY FEES



    26. The authority citation for part 257 continues to read as 

follows:



    Authority: 17 U.S.C. 119(b)(4).





Sec. 257.4  [Amended]



    27. Section 257.4(a)(1) is amended by removing the ``.'' (period) 

after ``SE''.



PART 259--FILING OF CLAIMS TO DIGITAL AUDIO RECORDING DEVICES AND 

MEDIA ROYALTY PAYMENTS



    28. The authority citation for part 259 continues to read as 

follows:



    Authority: 17 U.S.C. 1007(a)(1).





Sec. 259.5  [Amended]



    29. Section 259.5(a)(1) is amended by removing the ``.'' (period) 

after ``SE''.



PART 260--USE OF SOUND RECORDINGS IN A DIGITAL PERFORMANCE



    30. The authority citation for part 260 continues to read as 

follows:



    Authority: 17 U.S.C. 114, 801(b)(1).





Sec. 260.2  [Amended]



    31. Section 260.2(c)(1)(v) is amended by removing ``merchandise or 

anything or service of value is received by licensee'' and adding in 

its place ``merchandise, service, or anything of value is received by 

Licensee'' in its place.



    Dated: June 22, 2000.

Marilyn J. Kretsinger

Assistant General Counsel.

[FR Doc. 00-16241 Filed 6-27-00; 8:45 am]

BILLING CODE 1410-30-P



*[corrected text]