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77636 Federal Register / Vol. 69, No.

248 / Tuesday, December 28, 2004 / Rules and Regulations

PART 602—OMB CONTROL NUMBERS reconsideration procedures are also and 212 of 37 CFR, chapter II in the
UNDER THE PAPERWORK made applicable to the Office’s refusals manner set forth below:
REDUCTION ACT to register mask works and vessel hull
designs. PART 202—REGISTRATION OF
■ Par. 4. The authority citation for part EFFECTIVE DATE: January 27, 2005. CLAIMS TO COPYRIGHT
602 continues to read as follows: FOR FURTHER INFORMATION CONTACT: ■ 1. The authority citation for part 202
Authority: 26 U.S.C. 7805. Marilyn J. Kretsinger, Associate General continues to read as follows:
■ Par. 5. In § 602.101, paragraph (b) is Counsel, or Renee Coe, Senior Attorney Authority: 17 U.S.C. 702.
amended by removing the entry for at this address: Copyright GC/I&R, P.O.
‘‘1.45D–1T’’ from the table. Box 70400, Washington, DC 20024– ■ 2. Add § 202.5 to read as follows:
■ Par. 6. In § 602.101, paragraph (b) is 0400. Telephone: (202) 707–8380. § 202.5 Reconsideration Procedure for
amended by adding an entry to the table Telefax: (202) 707–8366. Refusals to Register.
in numerical order to read as follows: SUPPLEMENTARY INFORMATION: On July (a) General. This section prescribes
13, 2004, the Copyright Office published rules pertaining to procedures for
§ 602.101 OMB Control numbers. a notice of proposed rulemaking seeking administrative review of the Copyright
* * * * * comment on its proposed revision of Office’s refusal to register a claim to
(b) * * * parts 202, 211 and 212 of subchapter A copyright, a mask work, or a vessel hull
of Chapter II, 37 CFR. The purpose of design upon a finding by the Office that
Current this notice is to announce the final rule.
CFR part or section where the application for registration does not
OMB control
identified and described No. This regulation establishes procedures satisfy the legal requirements of title 17
for applicants to request that the of the United States Code. If an
Copyright Office reconsider refusals to applicant’s initial claim is refused, the
* * * * * register copyright claims and claims in applicant is entitled to request that the
1.45D–1 .................................... 1545–1765 mask works or vessel hull designs.
initial refusal to register be
There are two opportunities for reconsidered.
* * * * * reconsideration of a refusal to register. (b) First reconsideration. Upon
At the first level of reconsideration, the receiving a written notification from the
Mark E. Mathews, Examining Division of the Copyright Examining Division explaining the
Deputy Commissioner for Services and Office reviews its initial decision to reasons for a refusal to register, an
Enforcement. refuse registration. At the second level, applicant may request that the
Approved: December 21, 2004. the Review Board conducts the review Examining Division reconsider its initial
Eric Solomon, of a refusal to register. For decision to refuse registration, subject to
Acting Deputy Assistant Secretary of the administrative reasons, the Copyright the following requirements:
Treasury. Office is making one change in the (1) An applicant must request in
[FR Doc. 04–28325 Filed 12–22–04; 12:38 membership of the Review Board which writing that the Examining Division
pm] considers the second request for reconsider its decision. A request for
BILLING CODE 4830–01–P reconsideration. The Review Board is reconsideration must include the
composed of three members; the first reasons the applicant believes
two members are the Register of registration was improperly refused,
LIBRARY OF CONGRESS Copyrights and the General Counsel or including any legal arguments in
their respective designees. The third support of those reasons and any
Copyright Office member will be designated by the supplementary information. The
Register. This rule also establishes Examining Division will base its
37 CFR Parts 202, 211, and 212 procedures for mailing or hand decision on the applicant’s written
delivering requests for reconsideration submissions.
[Docket No. RM 2004–5]
and related documents. (2) The fee set forth in § 201.3(d)(4) of
In response to the publication of the this chapter must accompany the first
Reconsideration Procedure
proposed rule, the Copyright Office did request for reconsideration.
AGENCY: Copyright Office, Library of not receive any comments. (3) The first request for
Congress. Consequently, the Copyright Office is reconsideration and the applicable fee
ACTION: Final rule. adopting the previously proposed text, must be received by the Copyright
as a final rule, with the one Office no later than three months from
SUMMARY: The Copyright Office is administrative change noted above and the date that appears in the Examining
publishing a final rule concerning without substantive change, as follows: Division’s written notice of its initial
reconsideration procedures. With a few decision to refuse registration. When the
List of Subjects
modifications, this regulation continues ending date for the three-month time
procedures adopted by the U.S. 37 CFR Part 202 period falls on a weekend or a Federal
Copyright Office in 1995 that permit Claims, Copyright. holiday, the ending day of the three-
copyright applicants to request month period shall be extended to the
reconsideration of its decisions to refuse 37 CFR Part 211 next Federal work day.
registration. This regulation amends Freedom of Information. (4) If the Examining Division decides
those procedures and incorporates them to register an applicant’s work in
into Copyright Office regulations. 37 CFR Part 212 response to the first request for
Copyright applicants will continue to Vessels. reconsideration, it will notify the
have two opportunities to seek applicant in writing of the decision and
Proposed Regulations
reconsideration of a Copyright Office the work will be registered. However, if
decision to refuse registration. A ■ In consideration of the foregoing, the the Examining Division again refuses to
significant modification is that the Copyright Office amends parts 202, 211 register the work, it will send the

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Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 77637

applicant a written notification stating hand delivered by a commercial, non- Authority: 17 U.S.C. chapter 13.
the reasons for refusal within four government courier or messenger, a ■ 6. Add § 212.7 to read as follows:
months of the date on which the first request for reconsideration must be
request for reconsideration is received delivered between 8:30 a.m. and 4 p.m. § 212.7 Reconsideration procedure for
by the Examining Division. When the to: Congressional Courier Acceptance refusals to register.
ending date for the four-month time Site, located at Second and D Streets, The requirements prescribed in
period falls on a weekend or a Federal NE., Washington, DC. If hand delivered § 202.5 of this chapter for
holiday, the ending day of the four- by a private party, a request for reconsideration of refusals to register
month period shall be extended to the reconsideration must be delivered copyright claims are applicable to
next Federal work day. Failure by the between 8:30 a.m. and 5 p.m. to: Room requests to reconsider refusals to
Examining Division to send the written 401 of the James Madison Memorial register vessel hull designs under 17
notification within the four-month Building, located at 101 Independence U.S.C. chapter 13, unless otherwise
period shall not result in registration of Avenue, SE., Washington, DC. required by this part.
the applicant’s work. (2) The first page of the written Dated: December 3, 2004.
(c) Second reconsideration. Upon request must contain the Copyright Marybeth Peters,
receiving written notification of the Office control number and clearly
Examining Division’s decision to refuse Register of Copyrights.
indicate either ‘‘FIRST
registration in response to the first Approved by:
RECONSIDERATION’’ or ‘‘SECOND
request for reconsideration, an applicant RECONSIDERATION,’’ as appropriate, James H. Billington,
may request that the Review Board on the subject line. Librarian of Congress.
reconsider the Examining Division’s (e) Suspension or wavier of time [FR Doc. 04–28396 Filed 12–27–04; 8:45 am]
refusal to register, subject to the requirements. For any particular request BILLING CODE 1410–30–P
following requirements: for reconsideration, the provisions
(1) An applicant must request in relating to the time requirements for
writing that the Review Board submitting a request under this section ENVIRONMENTAL PROTECTION
reconsider the Examining Division’s may be suspended or waived, in whole AGENCY
decision to refuse registration. The or in part, by the Register of Copyrights
second request for reconsideration must upon a showing of good cause. Such 40 CFR PART 22
include the reasons the applicant suspension or waiver shall apply only to [FRL–7855–6]
believes registration was improperly the request at issue and shall not be
refused, including any legal arguments relevant with respect to any other Clarification of Address for Documents
in support of those reasons and any request for reconsideration from that Filed With EPA’s Environmental
supplementary information, and must applicant or any other applicant. Appeals Board
address the reasons stated by the (f) Composition of the Review Board.
Examining Division for refusing The Review Board shall consist of three AGENCY: Environmental Protection
registration upon first reconsideration. members; the first two members are the Agency (EPA).
The Board will base its decision on the Register of Copyrights and the General ACTION: Final rule.
applicant’s written submissions. Counsel or their respective designees.
(2) The fee set forth in § 201.3(d)(4) of SUMMARY: EPA is amending the
The third member will be designated by regulations that pertain to filing appeals
this chapter must accompany the the Register.
second request for reconsideration. and other documents with the
(g) Final agency action. A decision by Environmental Appeals Board (EAB)
(3) The second request for the Review Board in response to a
reconsideration and the applicable fee under the Consolidated Rules of
second request for reconsideration Practice Governing the Administrative
must be received in the Copyright Office constitutes final agency action.
no later than three months from the date Assessment of Civil Penalties and the
that appears in the Examining Division’s PART 211—MASK WORK Revocation/Termination or Suspension
written notice of its decision to refuse of Permits (CROP). Specifically, EPA is
PROTECTION
registration after the first request for amending two regulations that specify
reconsideration. When the ending date ■ 3. The authority citation for part 211 the addresses where notices of appeal,
for the three-month time period falls on continues to read as follows: accompanying briefs, and other
a weekend or a Federal holiday, the documents must be filed, to provide that
Authority: 17 U.S.C. 702 and 908.
ending day of the three-month period any filings made through the U.S. mail
shall be extended to the next Federal ■ 4. Add § 211.7 to read as follows: service must be addressed to the EAB’s
work day. mailing address, and that any filings
§ 211.7 Reconsideration procedure for made by hand-delivery or courier must
(4) If the Review Board decides to refusals to register.
register an applicant’s work in response be made to the EAB’s hand-delivery
The requirements prescribed in address. The amendments are intended
to a second request for reconsideration, § 202.5 of this chapter for
it will notify the applicant in writing of to make the regulations consistent with
reconsideration of refusals to register current Agency practice and to provide
the decision and the work will be copyright claims are applicable to
registered. If the Review Board upholds clear guidance on the proper address to
requests to reconsider refusals to use under various circumstances.
the refusal to register the work, it will register mask works under 17 U.S.C.
send the applicant a written notification EFFECTIVE DATE: This final rule is
chapter 9, unless otherwise required by effective on December 28, 2004.
stating the reasons for refusal. this part.
(d) Submission of reconsiderations. FOR FURTHER INFORMATION CONTACT:
(1) All mail, including any that is hand PART 212—PROTECTION OF VESSEL Eurika Durr, Clerk of the Board.
delivered, should be addressed as HULL DESIGNS Telephone number: (202) 233–0122. E-
follows: RECONSIDERATION, mail: Durr.Eurika@epa.gov.
Copyright R&P Division, P.O. Box ■ 5. The authority citation for part 212 SUPPLEMENTARY INFORMATION: This
71380, Washington, DC 20024–1380. If continues to read as follows: action is directed to the public in

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