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Federal Register / Vol. 63, No.

212 / Tuesday, November 3, 1998 / Rules and Regulations 59233

Background and Purpose 601–612) that this temporary final rule (b) Special Local Regulations:
On November 7, 1998, the Morehead will not have a significant economic (1) Except for participants in the
City Downtown Revitalization impact on a substantial number of small Blackbeard’s Bounty Festival Pirate
Committee will sponsor the entities. Attack and vessels authorized by the
Blackbeard’s Bounty Festival Pirate Coast Guard Patrol Commander, no
Collection of Information
Attack in the waters of Bogue Sound, person or vessel may enter or remain in
between the Morehead City waterfront These regulations contain no the regulated area without the
and Sugar Loaf Island. The event will collection of information requirements permission of the Patrol Commander.
consist of a mock pirate attack, with under the Paperwork Reduction Act of (2) The operator of any vessel in the
simulated cannon fire and pyrotechnic 1995 (44 U.S.C. 3501–3520). regulated area shall:
displays. These temporary special local (i) Stop the vessel immediately when
Federalism
regulations are necessary to provide for directed to do so by any commissioned,
the safety of life and property on The Coast Guard has analyzed this warrant, or petty officer on board a
navigable waters during the event. rule under the principles and criteria vessel displaying a Coast Guard ensign.
contained in Executive Order 12612 and (ii) Proceed as directed by any
Discussion of Regulations has determined that this rule does not commissioned, warrant, or petty officer
The Coast Guard will establish have sufficient federalism implications on board a vessel displaying a Coast
temporary special local regulations on to warrant the preparation of a Guard ensign.
specified waters of Bogue Sound, Federalism Assessment. (c) Effective dates: This temporary
between the Morehead City waterfront final rule is effective from 1:30 p.m. to
Environment
and Sugar Loaf Island. The temporary 6 p.m. on November 7, 1998.
special local regulations will be in effect The Coast Guard considered the Dated: October 21, 1998.
from 1:30 p.m. to 6 p.m. on November environmental impact of this rule and
Roger T. Rufe, Jr.,
7, 1998. Except for participants in the concluded that, under figure 2–1,
paragraph (34)(h) of COMDTINST Vice Admiral, U.S. Coast Guard Commander,
Blackbeard’s Bounty Festival Pirate Fifth Coast Guard District.
Attack and vessels authorized by the M16475.1C, this rule is categorically
excluded from further environmental [FR Doc. 98–29413 Filed 11–2–98; 8:45 am]
Coast Guard Patrol Commander, no
documentation. Special local BILLING CODE 4910–15–M
person or vessel may enter or remain in
the regulated area without the regulations issued in conjunction with a
permission of the Patrol Commander. regatta or marine parade are excluded
under that authority. LIBRARY OF CONGRESS
Regulatory Evaluation
List of Subjects in 33 CFR Part 100 Copyright Office
This rule is not a significant
regulatory action under section 3(f) of Marine safety, Navigation (water),
37 CFR, Part 201
Executive Order 12866 and does not Reporting and recordkeeping
require an assessment of potential costs requirements, Waterways. [Docket No. 98–11]
and benefits under section 6(a)(3) of that
Temporary Regulations Designation of Agent to Receive
order. It has been exempted from review
by the Office of Management and In consideration of the foregoing, Part Notification of Claimed Infringement
Budget under that order. It is not 100 of Title 33, Code of Federal AGENCY: Copyright Office, Library of
significant under the regulatory policies Regulations is amended as follows: Congress.
and procedures of the Department of
PART 100—[AMENDED] ACTION: Interim regulations.
Transportation (DOT) (44 FR 11040;
February 26, 1979). The Coast Guard 1. The authority citation for Part 100 SUMMARY: The Copyright Office of the
expects the economic impact of this continues to read as follows: Library of Congress is issuing interim
proposal to be so minimal that a full regulations governing the designation by
Regulatory Evaluation under paragraph Authority: 33 U.S.C. 1233; 49 CFR 1.46 and
33 CFR 100.35. online service providers of agents to
10e of the regulatory procedures of DOT receive notifications of claimed
is unnecessary. Since the regulations 2. A temporary Section 100.35–T05– infringement. The regulations are issued
will only be in effect for a short period, 093 is added to read as follows: on an interim basis without opportunity
the impacts on routine navigation are for comment due to the necessity of
expected to be minimal. § 100.35–T05–093 Bogue Sound Morehead
City, North Carolina. having regulations in place immediately
Small Entities (a) Definitions: upon enactment of the Online Copyright
Under the Regulatory Flexibility Act (1) Regulated area: The waters of Infringement Liability Limitation Act.
(5 U.S.C. 601–612), the Coast Guard Bogue Sound between the Morehead These regulations will be replaced by
must consider whether this rule will City waterfront and Sugar Loaf Island more complete regulations to be
have a significant economic impact on from shoreline to shoreline, bounded on promulgated following notice and
a substantial number of small entities. the west by a line drawn along opportunity for comment.
‘‘Small entities’’ include independently longitude 76°43′00′′ West and bounded EFFECTIVE DATE: The interim regulations
owned and operated small businesses on the east by a line drawn along are effective November 3, 1998.
that are not dominant in their field and longitude 76°42′30′′ West. All ADDRESSES: An original and fifteen
that otherwise qualify as ‘‘small coordinates reference Datum NAD 1983. copies of the comments shall be
business concerns’’ under section 3 of (2) Coast Guard Patrol Commander. delivered to: Office of the General
the Small Business Act (15 U.S.C. 632). The Coast Guard Patrol Commander is Counsel, Copyright Office, LM–403,
Because it expects the impact of this a commissioned, warrant, or petty James Madison Memorial Building, 101
rule to be minimal, the Coast Guard officer of the Coast Guard who has been Independence Avenue, SE, Washington,
certifies under Section 605(b) of the designated by the Commander, Coast DC, or mailed to: David Carson, General
Regulatory Flexibility Act (5 U.S.C. Guard Group Fort Macon. Counsel, Copyright GC/I&R, P.O. Box
59234 Federal Register / Vol. 63, No. 212 / Tuesday, November 3, 1998 / Rules and Regulations

70400, Southwest Station, Washington, necessity of having a procedure for subsidiary companies) should be
D.C. 20024. designation of agents in place permitted to file a single Designation of
FOR FURTHER INFORMATION CONTACT: immediately upon the enactment of the Agent to Receive Notifications of
David O. Carson, General Counsel, or Online Copyright Infringement Liability Claimed Infringement.
Jennifer L. Hall, Senior Attorney, Limitation Act. These interim
regulations will be effective List of Subjects in 37 CFR Part 201
Copyright GC/I&R, PO Box 70400,
Southwest Station, Washington, DC immediately, but the Office will publish Copyright.
20024. Telephone: (202) 707–8380. a notice of proposed rulemaking within Interim Regulations
SUPPLEMENTARY INFORMATION:
the next several weeks seeking
comments on more comprehensive final For the reasons set forth in the
Background regulations governing the designation of preamble, part 201 of title 37 of the
agents to receive notification of claimed Code of Federal Regulations is amended
On October 28, 1998, President
infringement. Interim designations filed to read as follows:
Clinton signed into law the Digital
Millennium Copyright Act, Pub. L. 105– pursuant to these interim regulations
will be valid until the effective date of PART 201—GENERAL PROVISIONS
lll (1998). Title II of the Act
(subtitled the ‘‘Online Copyright the final regulations. At that time, 1. The authority for part 201
Infringement Liability Limitation Act’’) service providers wishing to invoke continues to read as follows:
amended chapter 5 of the copyright law, section 512(c)(2) will have to file new
Authority: 17 U.S.C. 702.
title 17 United States Code, to provide designations that satisfy the
requirements of the final regulations, 2. Section 201.38 is added to read as
limitations for service provider liability
which will include the payment of the follows:
relating to material online. Specifically,
fee required under the final regulations.
new subsection 512(c) provides § 201.38 Designation of agent to receive
Under section 512(c)(2), a service
limitations on service provider liability notification of claimed infringement.
provider designates an agent by
with respect to material residing, at the providing information required by (a) General. This section prescribes
direction of a user, on a system or Copyright Office regulations both on its interim rules under which service
network that the service provider publicly available website and in a providers may provide the Copyright
controls or operates, if the conditions filing with the Copyright Office. The Office with designations of agents to
set forth in subsection 512(c)(1) are requirements for such designation receive notification of claimed
satisfied. during the interim period prior to infringement under section 512(c)(2) of
The limitations on liability issuance of final regulations are title 17 of the United States Code, as
established in subsection 512(c) apply governed by the rules set forth in the amended. These interim rules shall
to a service provider only if the service new interim regulations set forth in 37 remain in effect until more
provider has designated an agent to CFR 201.38. During the interim period comprehensive rules have been
receive notifications of claimed the Office will not provide printed promulgated following a notice of
infringement by providing contact forms for filing such interim proposed rulemaking and receipt of
information for that agent (1) to the designations. In order to satisfy section public comments.
Copyright Office and (2) through the 512(c)(2), online service providers must (b) Forms. The Copyright Office does
service provider’s publicly accessible file a document entitled ‘‘Interim not provide printed forms for filing an
website. 17 U.S.C. 512(c)(2). The Designation of Agent to Receive Interim Designation of Agent to Receive
required information includes: (A) The Notifications of Claimed Infringement’’ Notification of Claimed Infringement.
name, address, telephone number, and which contains all the information (c) Content. An ‘‘Interim Designation
electronic mail address of the agent; and required by section 512(c)(2). Section of Agent to Receive Notification of
(B) other contact information that the 512(c)(2) provides that the Office may Claimed Infringement’’ shall be
Register of Copyrights deems require payment of a fee by service identified as such by prominent caption
appropriate. Id. The Register of providers to cover the costs of or heading, and shall include the
Copyrights shall maintain a current maintaining a directory of agents. The following information with respect to a
directory of designated agents, and Office concludes that during the interim single service provider:
make the listing available to the public period, the appropriate fee for the filing (1) The full legal name and address of
for inspection, and may require of an interim designation is $20.00, the the service provider;
payment of a fee by service providers to fee currently charged for recordation of (2) All names under which the service
cover the costs of maintaining the a document. See 17 U.S.C. 708(a)(4). provider is doing business;
directory. Id. The fee that will be charged for filing a (3) The name of the agent designated
Because the Online Copyright Designation of Agent to Receive to receive notification of claimed
Infringement Liability Limitation Act Notifications of Claimed Infringement infringement;
was effective on its date of enactment, under the final regulations most likely (4) The full address, including a
and because online service providers will be higher. specific number and street name or rural
may wish immediately to designate During the interim period before final route, of the agent designated to receive
agents to receive notification of claimed regulations are promulgated, each notification of claimed infringement. A
infringement in order to meet the Interim Declaration may be filed only on post office box or similar designation
requirements of section 512(c)(2), the behalf of a single service provider. For will not be sufficient except where it is
Copyright Office herein establishes purposes of these interim regulations, the only address that can be used in that
interim regulations governing the related companies (e.g., parents and geographic location;
designation of agents to receive subsidiaries) are considered separate (5) The telephone number, facsimile
notification of claimed infringement. service providers who would file number, and electronic mail address of
The Office finds, for good cause, that separate Interim Designations. When it the agent designated to receive
notice and public procedure for considers final regulations, the Office notification of claimed infringement.
issuance of these interim regulations will solicit comments as to whether (d) Signature. The Interim
would be impracticable, because of the related companies (e.g., parent and Designation of Agent to Receive
Federal Register / Vol. 63, No. 212 / Tuesday, November 3, 1998 / Rules and Regulations 59235

Notification of Claimed Infringement LIBRARY OF CONGRESS prevent an amplification to add the


shall include the signature of the name of someone who is a co-claimant
appropriate officer or representative of Copyright Office or co-owner of a copyright but who is
the service provider designating the not also a co-author. The Copyright
37 CFR Part 201 Office recognizes that paragraph (b) may
agent. The signature shall be
accompanied by the printed or [Docket No. RM 98–10] be susceptible of such a
typewritten name and title of the person misinterpretation. This amendment will
signing the Notice, and by the date of Corrections and Amplifications of preclude such an interpretation by
signature. Copyright Registrations; Applications clarifying that supplementary
for Supplementary Registration registration may be used to add the
(e) Filing. A service provider may file name of a co-owner or co-claimant who
the Interim Designation of Agent to AGENCY: Copyright Office, Library of
Congress. is not a co-author but whose name
Receive Notification of Claimed should have been provided at the time
Infringement with the Public ACTION: Interim Rule; correction.
the basic registration was made.
Information Office of the Copyright SUMMARY: Subsection 408(d) of the This clarification is made by limiting
Office, Room LM–401, James Madison Copyright Act authorizes the Register of amplifications to the information that is
Memorial Building, Library of Congress, Copyrights to accept applications for required by the application for the basic
101 Independence Avenue, SE, supplementary registration to correct registration. See § 201.5(b)(2)(ii)(A).
Washington, DC, during normal errors or amplify information in basic Defined this way, it is clear that
business hours, 9 am to 5 pm. If mailed, registrations. The Copyright Office of supplementary registration may be
the Interim Designation should be the Library of Congress is now changing made to add information about
addressed to: Copyright GC/I&R, PO Box the regulatory language to clarify the claimants, whether or not they are also
70400, Southwest Station, Washington, type of amplification that may be made authors, if such information constitutes
DC 20024. Each designation shall be to a basic registration through a correct statement of the facts that
accompanied by a filing fee of $20.00. supplementary registration. existed at the time of the original
Designations and amendments will be EFFECTIVE DATE: November 3, 1998. submission of the claim already on
posted online on the Copyright Office’s FOR FURTHER INFORMATION CONTACT: record. The information that is required
website (http://www.loc.gov/copyright). David O. Carson, General Counsel, or in an application for a basic registration
(f) Amendments. In the event of a Renee Coe, Attorney Advisor, Copyright is set forth at 17 U.S.C. 409. The
change in the information reported in an GC/I&R, PO Box 70400, Southwest Copyright Office follows the general
Interim Designation of Agent to Receive Station, Washington, DC 20024. policy of requiring all authors and
Telephone (202) 707–8380 or Telefax copyright claimants to supply
Notification of Claimed Infringement, a
(202) 707–8366. information, consistent with 17 U.S.C.
service provider shall file with the
SUPPLEMENTARY INFORMATION: 409, concerning the authorship being
Public Information Office of the claimed in the application for
Copyright Office an amended Interim Background registration.
Designation of Agent to Receive Subsection 408(d) of the Copyright
Notification of Claimed Infringement, As revised, § 201.5(b)(2)(ii)(A) now
Act authorizes the Register of expressly states that a supplementary
containing the current information Copyrights to accept applications for registration may be made to provide
required by section 201.38(c). The supplementary registration. The information ‘‘such as the identity of a
amended Interim Designation shall be purpose of supplementary registration is co-author or co-claimant.’’ This
signed in accordance with the to correct errors or amplify information amendment also clarifies that an
requirements of section 201.38(d) and in a basic registration. The regulations amplification may not be made through
shall be accompanied by a fee of $20.00. for supplementary registration are supplementary registration to add
(g) Termination and dissolution. If a contained in 37 CFR 201.5, which took information about an owner or claimant
service provider terminates its effect on January 1, 1978, to implement who acquired a copyright claim on or
operations, the entity shall notify the the 1976 revision of the Copyright Act. after the effective date of registration.
Copyright Office by certified or Since that time, only minor technical See § 201.5(b)(2)(iii)(A).
registered mail. amendments have been made to § 201.5.
The Copyright Office is now revising These changes clarify what have been
Dated: October 28, 1998. portions of § 201.5(b) to convey more the Copyright Office’s longstanding
Marybeth Peters, clearly the Copyright Office’s practices practices and procedures. There will be
and procedures regarding the kind of no change in Copyright Office
Register of Copyrights.
amplifications that may be made to a procedures as a result of this
Approved:
basic registration through amendment.
James H. Billington, supplementary registration. The List of Subjects in 37 CFR Part 201
The Librarian of Congress. purpose of this notice is to remove any
[FR Doc. 98–29382 Filed 11–2–98; 8:45 am] ambiguity concerning paragraph (b) that Copyright, Registration.
BILLING CODE 1410–30–P might exist by clarifying what has been Interim Rule
standard practice for many years.
The Copyright Office determined that For the reasons stated above, 37 CFR
paragraph (b) should be clarified after it 201.5 is amended as set forth below:
recently became aware that a member of
the public misinterpreted the kind of PART 201—GENERAL PROVISIONS
amplification that may be made to a
basic application through 1. The authority citation for part 201
supplementary registration. Under this continues to read as follows:
misinterpretation, paragraph (b) would Authority: 17 U.S.C. 702.