[Federal Register: January 13, 1998 (Volume 63, Number 8)]
[Rules and Regulations]
[Page 1926-1927]
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LIBRARY OF CONGRESS
Copyright Office
37 CFR Part 203
[Docket No. 97-7]
Implementation of the Electronic Freedom of Information Act
Amendments of 1996
AGENCY: Copyright Office, Library of Congress.
ACTION: Final regulations.
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SUMMARY: The Copyright Office is issuing final regulations permitting
public access to Office records created on or after November 1, 1996,
in electronic format. These final regulations conform the Copyright
Office's regulations to the requirements of the Freedom of Information
Act (FOIA), as amended by the Electronic Freedom of Information Act
Amendments of 1996 (EFOIA).
EFFECTIVE DATE: February 12, 1998.
FOR FURTHER INFORMATION CONTACT: David O. Carson, General Counsel, or
Patricia L. Sinn, Senior Attorney, Copyright GC/I&R, P.O. Box 70400,
Southwest Station, Washington, D.C. 20024. Telephone: (202)707-8380.
Fax: (202)707-8366.
SUPPLEMENTARY INFORMATION: The Copyright Office adopts final
[[Page 1927]]
regulations amending Part 203 of its regulations to implement the
EFOIA, Pub. L. No. 104-231, 110 Stat. 3048 (1996), which amended the
FOIA, 5 U.S.C. et seq. The Office is subject to the FOIA, which is part
of the Administrative Procedure Act, under section 701(d) of title 17,
U.S.C. Copyright Office regulations describe records and documents
available for public inspection under the Copyright Act, the Privacy
Act of 1974, and the FOIA. See 37 CFR 201.2, 203, 204.
The EFOIA, signed into law on October 2, 1996, contains amendments
that address methods required to make agency records available to the
public by electronic means and in electronic formats. This regulation
revises several provisions of the Office's FOIA regulations under 37
CFR 203 to comply with provisions of the EFOIA. The final regulation
also establishes a response period of 30 days within which appeals to
denials for information must be made. Interim regulations with a
request for comments were issued October 28, 1997. 62 FR 55740 (October
28, 1997). No comments were received. The interim regulations, together
with the addition of the response period for appeals, are adopted as
final regulations.
List of Subjects in 37 CFR Part 203
Freedom of Information Act, Policies and procedures.
Final Regulations
In consideration of the foregoing, the Copyright Office adopts the
interim rule amending part 203 of 37 CFR, as published at 62 FR 55740
on October 28, 1997, with the following changes:
PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES
1. The authority citation for part 203 is revised to read as
follows:
Authority: 17 U.S.C 702; 5 U.S.C 552, as amended.
2. Section 203.4 is amended by adding two new sentences at the end
of paragraph (f) and revising the last sentence of paragraph (i)(2) to
read as follows:
Sec. 203.4 Methods of operation.
* * * * *
(f) * * * If a requestor wishes to appeal a denial of some or all
of his or her request for information, he or she must make an appeal in
writing within 30 calendar days of the date of the Office's denial. The
request should be directed to the General Counsel of the United States
Copyright Office.
* * * * *
(i) * * *
(2) * * * Denials of requests for expedited processing may be
appealed to the Office of the General Counsel.
Dated: January 7, 1998.
David O. Carson,
General Counsel.
[FR Doc. 98-692 Filed 1-12-98; 8:45 am]
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