77636 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 

PART 602—OMB CONTROL NUMBERS 

UNDER THE PAPERWORK 

REDUCTION ACT

■ Par. 4. The authority citation for part 

602 continues to read as follows:

Authority: 26 U.S.C. 7805.

■ Par. 5. In § 602.101, paragraph (b) is 

amended by removing the entry for 

‘‘1.45D–1T’’ from the table.

■ Par. 6. In § 602.101, paragraph (b) is 

amended by adding an entry to the table 

in numerical order to read as follows:

§ 602.101 OMB Control numbers.

* * * * *

(b) * * *

CFR part or section where 

identified and described 

Current 

OMB control 

No. 

* * * * * 

1.45D–1 .................................... 1545–1765 

* * * * * 

Mark E. Mathews, 

Deputy Commissioner for Services and 

Enforcement. 

Approved: December 21, 2004. 

Eric Solomon, 

Acting Deputy Assistant Secretary of the 

Treasury.

[FR Doc. 04–28325 Filed 12–22–04; 12:38 

pm] 

BILLING CODE 4830–01–P

LIBRARY OF CONGRESS

Copyright Office 

37 CFR Parts 202, 211, and 212 

[Docket No. RM 2004–5] 

Reconsideration Procedure

AGENCY: Copyright Office, Library of 

Congress.

ACTION: Final rule.

SUMMARY: The Copyright Office is 

publishing a final rule concerning 

reconsideration procedures. With a few 

modifications, this regulation continues 

procedures adopted by the U.S. 

Copyright Office in 1995 that permit 

copyright applicants to request 

reconsideration of its decisions to refuse 

registration. This regulation amends 

those procedures and incorporates them 

into Copyright Office regulations. 

Copyright applicants will continue to 

have two opportunities to seek 

reconsideration of a Copyright Office 

decision to refuse registration. A 

significant modification is that the 

reconsideration procedures are also 

made applicable to the Office’s refusals 

to register mask works and vessel hull 

designs.

EFFECTIVE DATE: January 27, 2005.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Associate General 

Counsel, or Renee Coe, Senior Attorney 

at this address: Copyright GC/I&R, P.O. 

Box 70400, Washington, DC 20024–

0400. Telephone: (202) 707–8380. 

Telefax: (202) 707–8366.

SUPPLEMENTARY INFORMATION: On July 

13, 2004, the Copyright Office published 

a notice of proposed rulemaking seeking 

comment on its proposed revision of 

parts 202, 211 and 212 of subchapter A 

of Chapter II, 37 CFR. The purpose of 

this notice is to announce the final rule. 

This regulation establishes procedures 

for applicants to request that the 

Copyright Office reconsider refusals to 

register copyright claims and claims in 

mask works or vessel hull designs. 

There are two opportunities for 

reconsideration of a refusal to register. 

At the first level of reconsideration, the 

Examining Division of the Copyright 

Office reviews its initial decision to 

refuse registration. At the second level, 

the Review Board conducts the review 

of a refusal to register. For 

administrative reasons, the Copyright 

Office is making one change in the 

membership of the Review Board which 

considers the second request for 

reconsideration. The Review Board is 

composed of three members; the first 

two members are the Register of 

Copyrights and the General Counsel or 

their respective designees. The third 

member will be designated by the 

Register. This rule also establishes 

procedures for mailing or hand 

delivering requests for reconsideration 

and related documents. 

In response to the publication of the 

proposed rule, the Copyright Office did 

not receive any comments. 

Consequently, the Copyright Office is 

adopting the previously proposed text, 

as a final rule, with the one 

administrative change noted above and 

without substantive change, as follows:

List of Subjects 

37 CFR Part 202 

Claims, Copyright. 

37 CFR Part 211 

Freedom of Information. 

37 CFR Part 212 

Vessels.

Proposed Regulations

■ In consideration of the foregoing, the 

Copyright Office amends parts 202, 211 

and 212 of 37 CFR, chapter II in the 

manner set forth below:

PART 202—REGISTRATION OF 

CLAIMS TO COPYRIGHT

■ 1. The authority citation for part 202 

continues to read as follows:

Authority: 17 U.S.C. 702.

■ 2. Add § 202.5 to read as follows:

§ 202.5 Reconsideration Procedure for 

Refusals to Register. 

(a) General. This section prescribes 

rules pertaining to procedures for 

administrative review of the Copyright 

Office’s refusal to register a claim to 

copyright, a mask work, or a vessel hull 

design upon a finding by the Office that 

the application for registration does not 

satisfy the legal requirements of title 17 

of the United States Code. If an 

applicant’s initial claim is refused, the 

applicant is entitled to request that the 

initial refusal to register be 

reconsidered. 

(b) First reconsideration. Upon 

receiving a written notification from the 

Examining Division explaining the 

reasons for a refusal to register, an 

applicant may request that the 

Examining Division reconsider its initial 

decision to refuse registration, subject to 

the following requirements: 

(1) An applicant must request in 

writing that the Examining Division 

reconsider its decision. A request for 

reconsideration must include the 

reasons the applicant believes 

registration was improperly refused, 

including any legal arguments in 

support of those reasons and any 

supplementary information. The 

Examining Division will base its 

decision on the applicant’s written 

submissions.

(2) The fee set forth in § 201.3(d)(4) of 

this chapter must accompany the first 

request for reconsideration. 

(3) The first request for 

reconsideration and the applicable fee 

must be received by the Copyright 

Office no later than three months from 

the date that appears in the Examining 

Division’s written notice of its initial 

decision to refuse registration. When the 

ending date for the three-month time 

period falls on a weekend or a Federal 

holiday, the ending day of the threemonth period shall be extended to the 

next Federal work day. 

(4) If the Examining Division decides 

to register an applicant’s work in 

response to the first request for 

reconsideration, it will notify the 

applicant in writing of the decision and 

the work will be registered. However, if 

the Examining Division again refuses to 

register the work, it will send the 

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

applicant a written notification stating 

the reasons for refusal within four 

months of the date on which the first 

request for reconsideration is received 

by the Examining Division. When the 

ending date for the four-month time 

period falls on a weekend or a Federal 

holiday, the ending day of the fourmonth period shall be extended to the 

next Federal work day. Failure by the 

Examining Division to send the written 

notification within the four-month 

period shall not result in registration of 

the applicant’s work. 

(c) Second reconsideration. Upon 

receiving written notification of the 

Examining Division’s decision to refuse 

registration in response to the first 

request for reconsideration, an applicant 

may request that the Review Board 

reconsider the Examining Division’s 

refusal to register, subject to the 

following requirements: 

(1) An applicant must request in 

writing that the Review Board 

reconsider the Examining Division’s 

decision to refuse registration. The 

second request for reconsideration must 

include the reasons the applicant 

believes registration was improperly 

refused, including any legal arguments 

in support of those reasons and any 

supplementary information, and must 

address the reasons stated by the 

Examining Division for refusing 

registration upon first reconsideration. 

The Board will base its decision on the 

applicant’s written submissions. 

(2) The fee set forth in § 201.3(d)(4) of 

this chapter must accompany the 

second request for reconsideration. 

(3) The second request for 

reconsideration and the applicable fee 

must be received in the Copyright Office 

no later than three months from the date 

that appears in the Examining Division’s 

written notice of its decision to refuse 

registration after the first request for 

reconsideration. When the ending date 

for the three-month time period falls on 

a weekend or a Federal holiday, the 

ending day of the three-month period 

shall be extended to the next Federal 

work day. 

(4) If the Review Board decides to 

register an applicant’s work in response 

to a second request for reconsideration, 

it will notify the applicant in writing of 

the decision and the work will be 

registered. If the Review Board upholds 

the refusal to register the work, it will 

send the applicant a written notification 

stating the reasons for refusal. 

(d) Submission of reconsiderations.

(1) All mail, including any that is hand 

delivered, should be addressed as 

follows: RECONSIDERATION, 

Copyright R&P Division, P.O. Box 

71380, Washington, DC 20024–1380. If 

hand delivered by a commercial, nongovernment courier or messenger, a 

request for reconsideration must be 

delivered between 8:30 a.m. and 4 p.m. 

to: Congressional Courier Acceptance 

Site, located at Second and D Streets, 

NE., Washington, DC. If hand delivered 

by a private party, a request for 

reconsideration must be delivered 

between 8:30 a.m. and 5 p.m. to: Room 

401 of the James Madison Memorial 

Building, located at 101 Independence 

Avenue, SE., Washington, DC. 

(2) The first page of the written 

request must contain the Copyright 

Office control number and clearly 

indicate either ‘‘FIRST 

RECONSIDERATION’’ or ‘‘SECOND 

RECONSIDERATION,’’ as appropriate, 

on the subject line. 

(e) Suspension or wavier of time 

requirements. For any particular request 

for reconsideration, the provisions 

relating to the time requirements for 

submitting a request under this section 

may be suspended or waived, in whole 

or in part, by the Register of Copyrights 

upon a showing of good cause. Such 

suspension or waiver shall apply only to 

the request at issue and shall not be 

relevant with respect to any other 

request for reconsideration from that 

applicant or any other applicant. 

(f) Composition of the Review Board.

The Review Board shall consist of three 

members; the first two members are the 

Register of Copyrights and the General 

Counsel or their respective designees. 

The third member will be designated by 

the Register. 

(g) Final agency action. A decision by 

the Review Board in response to a 

second request for reconsideration 

constitutes final agency action.

PART 211—MASK WORK 

PROTECTION

■ 3. The authority citation for part 211 

continues to read as follows:

Authority: 17 U.S.C. 702 and 908.

■ 4. Add § 211.7 to read as follows:

§ 211.7 Reconsideration procedure for 

refusals to register. 

The requirements prescribed in 

§ 202.5 of this chapter for 

reconsideration of refusals to register 

copyright claims are applicable to 

requests to reconsider refusals to 

register mask works under 17 U.S.C. 

chapter 9, unless otherwise required by 

this part.

PART 212—PROTECTION OF VESSEL 

HULL DESIGNS

■ 5. The authority citation for part 212 

continues to read as follows:

Authority: 17 U.S.C. chapter 13.

■ 6. Add § 212.7 to read as follows:

§ 212.7 Reconsideration procedure for 

refusals to register. 

The requirements prescribed in 

§ 202.5 of this chapter for 

reconsideration of refusals to register 

copyright claims are applicable to 

requests to reconsider refusals to 

register vessel hull designs under 17 

U.S.C. chapter 13, unless otherwise 

required by this part.

Dated: December 3, 2004. 

Marybeth Peters, 

Register of Copyrights. 

Approved by:

James H. Billington, 

Librarian of Congress.

[FR Doc. 04–28396 Filed 12–27–04; 8:45 am] 

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR PART 22 

[FRL–7855–6] 

Clarification of Address for Documents 

Filed With EPA’s Environmental 

Appeals Board

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is amending the 

regulations that pertain to filing appeals 

and other documents with the 

Environmental Appeals Board (EAB) 

under the Consolidated Rules of 

Practice Governing the Administrative 

Assessment of Civil Penalties and the 

Revocation/Termination or Suspension 

of Permits (CROP). Specifically, EPA is 

amending two regulations that specify 

the addresses where notices of appeal, 

accompanying briefs, and other 

documents must be filed, to provide that 

any filings made through the U.S. mail 

service must be addressed to the EAB’s 

mailing address, and that any filings 

made by hand-delivery or courier must 

be made to the EAB’s hand-delivery 

address. The amendments are intended 

to make the regulations consistent with 

current Agency practice and to provide 

clear guidance on the proper address to 

use under various circumstances.

EFFECTIVE DATE: This final rule is 

effective on December 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Eurika Durr, Clerk of the Board. 

Telephone number: (202) 233–0122. Email: Durr.Eurika@epa.gov.

SUPPLEMENTARY INFORMATION: This 

action is directed to the public in