5106 Federal Register / Vol. 76, No. 19 / Friday, January 28, 2011 / Proposed Rules 

(ii) one mooring line shall lead 

forward and one mooring line shall lead 

astern from the quarter. 

* * * * * 

5. Revise § 401.24 to read as follows: 

§ 401.24 Application for preclearance. 

The representative of a vessel may, on 

a preclearance form obtained from the 

Manager, St. Lambert, Quebec, or 

downloaded from the St. Lawrence 

Seaway Web site (http:// 

www.greatlakes-seaway.com), apply for 

preclearance, giving particulars of the 

ownership, liability insurance and 

physical characteristics of the vessel 

and guaranteeing payment of the fees 

that may be incurred by the vessel. The 

preclearance application must be 

received by the St. Lawrence Seaway 

between 08:00—16:00 hours Monday 

through Friday excluding holidays and 

at least 24 hours prior to arrival. 

6. In § 401.39, revise paragraph (a) as 

follows: 

§ 401.39 Preparing mooring lines for 

passing through. 

* * * * * 

(a) Winches shall be capable of paying 

out and heaving in at a minimum speed 

of 46 m per minute; and 

* * * * * 

7. In § 401.40, revise paragraph (a) to 

read as follows: 

§ 401.40 Entering, exiting, or position in 

lock. 

(a) Unless directed by the Manager 

and the Corporation, no vessel shall 

proceed into a lock in such a manner 

that the stem passes the stop symbol on 

the lock wall nearest the closed gates. 

* * * * * 

8. In § 401.51, revise paragraph (b) to 

read as follows: 

§ 401.51 Signaling approach to a bridge. 

* * * * * 

(b) The signs referred to in subsection 

(a) are placed at distances varying 

between 550 m and 2990 m upstream 

and downstream from moveable bridges 

at sites other than lock sites. 

* * * * * 

9. In § 401.57, revise paragraph (c) to 

read as follows: 

§ 401.57 Disembarking or boarding. 

* * * * * 

(c) Persons disembarking or boarding 

shall be assisted by a member of the 

vessel’s crew under safe conditions. 

10. In § 401.65, revise paragraph (c) to 

read as follows: 

§ 401.65 Communication—ports, docks 

and anchorages. 

* * * * * 

(c) Every vessel prior to departing 

from a port, dock, or anchorage shall 

report to the appropriate Seaway station 

its destination and its expected time of 

arrival at the next check point. 

* * * * * 

Issued at Washington, DC on January 18, 

2011. 

Saint Lawrence Seaway Development 

Corporation. 

Collister Johnson, Jr., 

Administrator. 

[FR Doc. 2011–1833 Filed 1–27–11; 8:45 am] 

BILLING CODE 4910–61–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 202 

[Docket No. 2011–2] 

Deposit Requirements for Registration 

of Automated Databases That 

Predominantly Consist of Photographs 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of proposed rulemaking 

and request for comments. 

SUMMARY: The Copyright Office is 

proposing to amend its regulations, 

including the recently published 

interim regulations regarding electronic 

registration of automated databases that 

consist predominantly of photographs 

and group registration of published 

photographs (the ‘‘Interim Regulations’’), 

governing the deposit requirements for 

applications for automated databases 

that consist predominantly of 

photographs. The proposed 

amendments would require that, in 

addition to providing material relating 

to claimed compilation authorship, the 

deposits for such databases include the 

image of each photograph in which 

copyright is claimed. The Office 

believes that this amendment will align 

the deposit requirements for such 

databases with the deposit requirements 

for published or unpublished 

photographs as a single work or group 

registration of published photographs 

and provide a better public record 

identifying the scope of the copyright 

claim. 

DATES: Comments must be received in 

the Office of the General Counsel of the 

Copyright Office no later than February 

28, 2011. 

ADDRESSES: The Copyright Office 

strongly prefers that comments be 

submitted electronically. A comment 

page containing a comment form is 

posted on the Copyright Office Web site 

at http://www.copyright.gov/docs/ 

databases. The Web site interface 

requires submitters to complete a form 

specifying name and organization, as 

applicable, and to upload comments as 

an attachment via a browse button. To 

meet accessibility standards, all 

comments must be uploaded in a single 

file in either the Adobe Portable 

Document File (PDF) format that 

contains searchable, accessible text (not 

an image); Microsoft Word; 

WordPerfect; Rich Text Format (RTF); or 

ASCII text file format (not a scanned 

document). The maximum file size is 6 

megabytes (MB). The name of the 

submitter and organization should 

appear on both the form and the face of 

the comments. All comments will be 

posted publicly on the Copyright Office 

Web site exactly as they are received, 

along with names and organizations. If 

electronic submission of comments is 

not feasible, please contact the 

Copyright Office at 202–707–8125 for 

special instructions. 

FOR FURTHER INFORMATION CONTACT: 

David O. Carson, General Counsel, or 

Catherine Rowland, Attorney Advisor, 

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

70400, Washington, DC 20024. 

Telephone: (202) 707–8380. Telefax: 

(202) 707–8366. 

SUPPLEMENTARY INFORMATION: 

Background 

The Copyright Office has long 

allowed photographers to register 

groups or collections of photographs, 

including groups of either published or 

unpublished photographs (or of any 

other unpublished works) as part of a 

single work when certain requirements 

have been met. See 37 CFR 

202.3(b)(4)(i)(A) and (B). It has also 

adopted a group registration procedure 

for published photographs that 

complements the unpublished 

collection procedure. See 37 CFR 

202.3(b)(10). 

Despite the availability of these 

options, however, some applicants have 

registered groups of photographs as part 

of automated databases. A published 

database is registerable under the ‘‘single 

unit of publication’’ rule of 

§ 202.3(b)(4)(i)(A), and the group 

database registration provisions permit 

single registrations that covers up to 

three months’ worth of updates and 

revisions to an automated database 

when all of the updates or other 

revisions (1) are owned by the same 

copyright claimant, (2) have the same 

general title, (3) are similar in their 

general content, including their subject, 

and (4) are similar in their organization. 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS

Federal Register / Vol. 76, No. 19 / Friday, January 28, 2011 / Proposed Rules 5107 

37 CFR 202.3(b)(5). Using this 

provision, stock photography agencies 

have registered all the photographs 

added to their databases within a threemonth period when they have obtained 

copyright assignments from the 

photographers. 

The regulations governing registration 

of automated databases embodied in 

machine-readable copies (other than in 

a CD–ROM format) require deposits that 

are significantly different than the 

deposits required in connection with 

the other regulations for registration of 

photographs, discussed above. Section 

202.20(c)(2)(vii)(D)(5) of the Office’s 

regulations provides that the 

applications for database registrations 

need not be accompanied by a deposit 

of the entire work, but instead may 

include identifying material consisting 

of fifty representative pages or data 

records marked to show the new 

material added on one representative 

day, along with additional identifying 

information. The deposit accompanying 

a database registration application thus 

can consist of a fraction of the 

copyrightable material covered by the 

registration. 

This is in stark contrast to the deposit 

requirements for registration of 

unpublished collections, for group 

registrations of published photographs, 

and for most other forms of copyright 

registration. Section 202.3(b)(10)(x), 

which governs the deposit for a group 

registration of photographs, provides 

that the deposit shall consist of ‘‘one 

copy of each photograph [to] be 

submitted in one of the formats set forth 

in Sec. 202.20(c)(2)(xx).’’ See also 37 

CFR 202.20(c)(1)(i) (‘‘in the case of 

unpublished works, [the deposit shall 

consist of] one complete copy or 

phonorecord,’’ a provision that applies 

to registrations of unpublished 

collections as well as individual 

unpublished works). 

There is no good reason why a 

registration should issue for a database 

consisting predominantly of 

photographs when the copyright claim 

extends to the individual photographs 

themselves unless each of those claimed 

photographs is actually included as part 

of the deposit. As the Office said when 

it announced its regulations on group 

registration of published photographs: 

[T]he Office rejects the plea of at least one 

commenter to permit the use of descriptive 

identifying material in lieu of the actual 

images. Although the Office had previously 

expressed a willingness to consider such a 

proposal, the most recent notice of proposed 

rulemaking noted that ‘‘the Office is reluctant 

to implement a procedure that would permit 

the acceptance of deposits that do not 

meaningfully reveal the work for which 

copyright protection is claimed.’’ Deposit of 

the work being registered is one of the 

fundamental requirements of copyright 

registration, and it serves an important 

purpose. As the legislative history of the 

Copyright Act of 1976 recognizes, copies of 

registration deposits may be needed for 

identification of the copyrighted work in 

connection with litigation or for other 

purposes. The ability of litigants to obtain a 

certified copy of a registered work that was 

deposited with the Office prior to the 

existence of the controversy that led to a 

lawsuit serves an important evidentiary 

purpose in establishing the [identity] and 

content of the plaintiff’s work. 

Registration of Claims to Copyright, 

Group Registration of Photographs, 66 

FR 37142, 37147 (July 17, 2001) 

(citations omitted). Moreover, the actual 

practice with respect to almost all 

registrations of predominantly 

photographic databases has in fact been 

to include all of the photographs in the 

deposit. 

For these reasons, in the recently 

announced interim regulation 

establishing a pilot program for online 

applications for group registration of 

databases consisting predominantly of 

photographic authorship, the Office 

included a requirement that the deposit 

accompanying such an online 

application authorship must include the 

image of each claimed photograph in 

the database. Interim Rule, Registration 

of claims of copyright, 76 FR 4072–4076 

January 24, 2011). 

In order to conform to the prevailing 

practice and the Office’s determination 

of what a reasonable deposit 

requirement should include, the Office 

proposes to apply that requirement to 

deposits accompanying paper 

applications for group registration of 

databases consisting predominantly of 

photographic authorship. The proposed 

amendment would provide that, for any 

registration (whether the application is 

made by paper application or online 

pursuant to the Interim Regulation) of 

an automated database consisting 

predominantly of photographs, the 

deposit shall include, in addition to the 

descriptive statement currently required 

under section 202.20(c)(2)(vii)(D)(5), all 

of the photographs included in the 

copyright claim being registered. 

Identifying material will not constitute 

a sufficient deposit. As noted above, this 

conforms with what has in fact been the 

prevailing practice. The Office also 

notes that it will, in the future, consider 

extending this requirement to other 

types of databases. 

Proposed Regulations 

In consideration of the foregoing, the 

Copyright Office proposes to amend part 

202 of 37 CFR, as follows: 

List of Subjects in 37 CFR Part 202 

Copyright. 

PART 202—PREREGISTRATION AND 

REGISTRATION OF CLAIMS TO 

COPYRIGHT 

1. The authority citation for part 202 

continues to read as follows: 

Authority: 17 U.S.C. 407, 408, 702. 

2. Amend § 202.20 as follows: 

a. In paragraph (c)(2)(vii)(D)(5) 

introductory text by removing 

‘‘electronically submitted’’ after ‘‘or in 

the case of’’; 

b. In paragraph (c)(2)(vii)(D)(8) by 

removing ‘‘submitted electronically’’ 

after ‘‘case of an application’’; and 

c. In paragraph (c)(2)(xx) introductory 

text remove ‘‘registered with an 

application submitted electronically 

under § 202.3(b)(5)(ii)(A)’’ after ‘‘and for 

automated databases that consist 

predominantly of photographs’’. 

Dated: January 24, 2011. 

Maria Pallante, 

Acting Register of Copyrights. 

[FR Doc. 2011–1884 Filed 1–27–11; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 260 and 261 

[EPA–HQ–RCRA–2008–0808; FRL–9260–2] 

RIN–2050–AE78 

Regulation of Oil-Bearing Hazardous 

Secondary Materials From the 

Petroleum Refining Industry 

Processed in a Gasification System To 

Produce Synthesis Gas; Tentative 

Determination To Deny Petition for 

Reconsideration 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of action—tentative 

determination to deny petition for 

reconsideration. 

SUMMARY: EPA is providing notice of, 

and soliciting written comments on, a 

tentative determination to deny an 

administrative petition submitted by the 

Sierra Club under RCRA section 7004. 

EPA issued an earlier notice denying 

this same petition in November 2008. 

However, the Agency at that time failed 

to comply with notice and comment 

provisions in its regulations. 

Accordingly, we are now giving the 

public the opportunity to provide 

comments on this tentative decision. 

This petition requests EPA to reconsider 

the final rule, ‘‘Regulation of Oil-Bearing 

WReier-Aviles on DSKGBLS3C1PROD with PROPOSALS