10174 Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Rules and Regulations 

1 17 U.S.C. 408. 

2 Id. 408(b), 705(a). 

3 Id. 704(d). 

4 Id. 705(b). 

5 Id. 408(c)(1). 

6 42 FR 59302, 59304 & n.2 (Nov. 16, 1977); see 

also 43 FR 763, 768 (Jan. 4, 1978) (adopting the 

definition of a secure test). 

7 37 CFR 202.13(b)(1). 

8 82 FR 26850 (June 12, 2017); see 37 CFR 202.13, 

202.20(b)(3), (c)(2)(vi) (implementing the June 2017 

Interim Rule). 

9 37 CFR 202.13(c)(2). 

10 Id. 

11The applicant must bring to the meeting, 

among other materials, a signed declaration 

confirming that the redacted copy brought to the 

meeting is identical to the redacted copy that was 

uploaded to the electronic registration system. Id. 

202.13(c)(3)(iv). 

12 82 FR at 26853. 

13 82 FR 52224 (Nov. 13, 2017). See 37 CFR 

202.4(b), (k), 202.13 (implementing the November 

2017 Interim Rule). 

14 85 FR 27296 (May 8, 2020). See 37 CFR 

202.13(b)(1) (implementing the May 2020 Interim 

Rule). 

15 37 CFR 202.13(b)(1). 

16 85 FR at 27298; see 37 CFR 202.13(b)(3). 

the event sponsor to grant general 

permission to enter the regulated area. 

Dated: February 11, 2021. 

T.J. Barelli, 

Captain, U.S. Coast Guard, Captain of the 

Port San Diego. 

[FR Doc. 2021–03312 Filed 2–18–21; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 202 

[Docket No. 2017–8] 

Secure Tests 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Interim rule. 

SUMMARY: The U.S. Copyright Office is 

issuing an interim rule amending its 

regulations governing the registration of 

copyright claims in secure tests and 

secure test items in order to address a 

temporary disruption caused by the 

COVID–19 pandemic. The interim rule 

allows for examination of these claims 

via secure videoconference during the 

national emergency. 

DATE: Effective February 19, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Regan A. Smith, General Counsel and 

Associate Register of Copyrights, 

regans@copyright.gov, or Robert J. 

Kasunic, Associate Register of 

Copyrights and Director of Registration 

Policy and Practice, rkas@copyright.gov. 

They can be reached by telephone at 

202–707–3000. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under section 408 of the Copyright 

Act, the U.S. Copyright Office is 

responsible for registering copyright 

claims.1 In so doing, the Office is 

obligated to obtain a registration deposit 

that is sufficient to verify the claim and 

to provide an archival record of what 

was examined and registered.2 Deposits 

of unpublished material must be kept 

for the full term of copyright 

protection,3 and all deposits are 

available for public inspection.4 The 

Act, however, authorizes the Office to 

issue regulations establishing ‘‘the 

nature of the copies . . . to be 

deposited’’ in specific classes of works 

and to ‘‘permit, for particular classes, 

the deposit of identifying material 

instead of copies or phonorecords.’’ 5

Pursuant to that authority, the Office 

has long provided special registration 

procedures for ‘‘secure tests’’ that 

require the maintenance of 

confidentiality of their contents. These 

tests include tests ‘‘used in connection 

with admission to educational 

institutions, high school equivalency, 

placement in or credit for undergraduate 

and graduate course work, awarding of 

scholarships, and professional 

certification.’’ 6 Current regulations 

define a secure test as ‘‘a nonmarketed 

test administered under supervision at 

specified centers on scheduled dates, all 

copies of which are accounted for and 

either destroyed or returned to restricted 

locked storage or secure electronic 

storage following each 

administration.’’ 7

On June 12, 2017, the Office issued an 

interim rule (the ‘‘June 2017 Interim 

Rule’’) that memorialized certain 

aspects of its secure test procedure and 

adopted new processes to increase the 

efficiency of its examination of such 

works.8 Under this rule, applicants 

must, among other things, submit an 

online application, a redacted copy of 

the entire test, and a brief questionnaire 

about the test through the electronic 

registration system.9 This procedure 

allows the Office to prescreen an 

application to determine whether the 

work appears to be eligible for 

registration as a secure test. If the test 

appears to qualify, the Office will 

schedule an in-person appointment for 

examination of an unredacted copy of 

the test.10 All in-person appointments 

take place at the Copyright Office, 

located in Washington, DC, at the James 

Madison Memorial Building of the 

Library of Congress. 

During the in-person meeting, the 

examiner reviews the redacted and 

unredacted copies in a secure location 

in the presence of the applicant or its 

representative.11 If the examiner 

determines that the relevant legal and 

formal requirements have been met, he 

or she will register the claim(s) and add 

an annotation to the certificate reflecting 

that the work was examined under the 

secure test procedure. The registration is 

effective as of the date that the Office 

received—in proper form—the 

application, filing fee, and the redacted 

copy that was uploaded to the electronic 

registration system.12 The June 2017 

Interim Rule thus gives applicants the 

benefit of establishing as their effective 

date of registration the date when those 

redacted materials are initially 

submitted to, and received by, the Office 

electronically, rather than the later date 

when the in-person examination of the 

unredacted material takes place. 

In response to concerns raised by 

stakeholders following the June 2017 

Interim Rule, the Office issued a second 

interim rule on November 13, 2017 (the 

‘‘November 2017 Interim Rule’’) to 

permit the registration of a group of test 

items (i.e., sets of questions and 

answers) stored in a database or test 

bank and used to create secure tests.13

For these claims, the November 2017 

Interim Rule adopted most of the 

registration procedures that apply to 

secure tests under the June 2017 Interim 

Rule. 

On May 8, 2020, the Office issued a 

third interim rule to address a 

disruption caused by the COVID–19 

pandemic (the ‘‘May 2020 Interim 

Rule’’).14 Specifically, certain tests that 

normally would qualify for registration 

as secure tests could be rendered 

ineligible for this option, because they 

were being administered remotely rather 

than at specified testing centers due to 

pandemic-related restrictions. The 

interim rule amended the definition of 

a ‘‘secure test’’ to allow otherwiseeligible tests currently being 

administered online during the national 

emergency to qualify as secure tests, 

provided the test administrator 

employed sufficient security 

measures.15 The rule did not specify 

particular measures required to meet 

this standard, in order to afford 

applicants flexibility to tailor such 

processes to their specific needs. The 

Office noted that the rule did not alter 

the requirement that a secure test be 

administered ‘‘under supervision,’’ 

meaning that ‘‘test proctors or the 

equivalent supervise the administration 

of the test.’’ 16


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17Pursuant to her authority under section 710(a) 

of the Copyright Act, the Register determined that 

the disruptions to the copyright system resulting 

from the national emergency remain in effect as of 

January 7, 2021. See U.S. Copyright Office, 

Copyright Office Further Extends Timing 

Adjustments for Persons Affected by the COVID–19 

Emergency (Jan. 7, 2021), https:// 

www.copyright.gov/newsnet/2021/871.html. 

18 85 FR at 27298. 

19 Id. 

20The public comments received in this 

proceeding may be accessed from the Office’s 

website at https://www.copyright.gov/rulemaking/ 

securetests/. 

21See Comments of the National College Testing 

Association at 7–8 (June 8, 2020) (‘‘NCTA 

Comments’’); Comments of Association of Test 

Publishers at 9–11 (June 8, 2020) (‘‘ATP 

Comments’’); Comments of Association of American 

Medical Colleges at 1–2 (June 5, 2020) (‘‘AAMC 

Comments’’); Comments of Educational Testing 

Service (May 20, 2020) (‘‘ETS Comments’’). 

22See NCTA Comments at 4; ATP Comments at 

6–7. 

23NCTA Comments at 4; ATP Comments at 5. 

24NCTA Comments at 4; ATP Comments at 5–6. 

25NCTA Comments at 4; ATP Comments at 6. 

26For ease of reference, the term ‘‘secure tests’’ 

is used interchangeably in this notice to refer to 

both secure tests and groups of secure test items. 

27 37 CFR 202.13(b)(1); 85 FR at 27298. 

The Office made clear that the 

modifications made under the May 2020 

Interim Rule were temporary and would 

last only until the COVID–19 emergency 

ended.17 The Office also noted that the 

accommodation made under the May 

2020 Interim Rule was not 

determinative of the final rule in this 

proceeding, but that the Office would 

monitor the operation of the rule to 

evaluate whether and under what 

conditions tests that are remotely 

administered by the test publishers 

should qualify as ‘‘secure tests’’ under 

the Office’s regulations once the 

emergency period ends.18

The Office also noted that it was 

exploring possible options to examine 

secure test claims via secure 

videoconference. To that end, the Office 

invited comments on the technological 

requirements that would be needed for 

test publishers to participate if the 

Office decided to implement such a 

process. The Office specifically sought 

comment on the feasibility of using the 

WebEx platform for remote 

examination, as that program is 

currently supported by the Library of 

Congress.19 The Office received five 

comments in response.20 As discussed 

further below, the comments generally 

supported the use of WebEx, or other 

secure videoconferencing platforms.21

The comments also reiterated 

previous concerns regarding the Office’s 

‘‘secure test’’ definition set forth in 37 

CFR 202.13(b), primarily the 

requirement that a test must be 

administered on ‘‘scheduled dates’’ at a 

‘‘specified center’’ where ‘‘test takers are 

physically assembled at the same 

time.’’ 22 NCTA and ATP referred to 

points previously made by several 

commenters in this proceeding ‘‘that 

existing testing technology already 

supports the identical testing outcomes 

provided’’ in the May 2020 Interim 

Rule.23 They contend that the Office’s 

‘‘attempt to limit the [May 2020] Interim 

Rule to tests that were ‘formerly 

conducted in person’ fails to recognize 

that there is simply no difference in at 

home/remote proctored testing because 

of COVID–19—the same type of testing 

that was occurring on a daily basis 

before COVID–19, and will continue to 

occur in exactly the same manner 

following a time when in-person testing 

may resume.’’ 24 They conclude ‘‘there 

is no basis for requiring users of the 

[May] 2020 Interim Rule to ‘return’ to 

in-person testing’’ whenever the 

national emergency ends and urge the 

Office to make the May 2020 Interim 

Rule permanent.25

II. The Interim Rule 

While the Office continues to evaluate 

the secure tests regulations as a whole— 

taking into consideration the concerns 

of test publishers expressed throughout 

this rulemaking—to determine whether 

changes may be warranted before 

issuing a final rule, it issues this 

additional interim rule to allow for the 

remote examination of secure test 

claims by Copyright Office staff during 

the national emergency. Although 

applicants continue to submit these 

claims during the Office’s closure, the 

Office cannot conduct in-person 

examinations. As a result, the Office 

now has more than 1,500 secure test 

claims pending and expects that this 

number will otherwise continue to grow 

for the duration of the COVID–19 

emergency. The accumulation of claims 

has created a backlog of secure test 

claims that cannot be examined until 

the Office resumes normal operations. 

To address this issue, the Office has 

devised a process that it is now 

adopting that will allow its staff to 

perform secure test examinations 

remotely during the national emergency. 

A. Examination Under the Existing 

Rules and Considerations for a Remote 

Examination Process 

Currently, applicants seeking 

registration of a secure test or a group 

of secure test items must submit the 

following materials through the Office’s 

electronic registration system: (1) The 

application, (2) a filing fee, (3) a brief 

questionnaire, and (4) a redacted copy 

of the work(s). The examiner assigned to 

the claim reviews the submitted 

materials to determine if the work(s) 

qualify as a secure test or secure test 

items.26 If so, the examiner contacts the 

applicant to schedule an in-person 

appointment. 

At the in-person examination, under 

the 2017 Interim Rules, applicants are 

required to bring the following materials 

to the Office: (1) A copy of the 

completed online application, (2) a 

nonrefundable secure test examination 

fee (calculated on an hourly basis), (3) 

a copy of the redacted version of the 

work(s) uploaded to the electronic 

registration system, (4) a signed 

declaration that the redacted copy 

brought to the in-person appointment is 

identical to the redacted copy uploaded 

through the electronic registration 

system, and (5) an unredacted copy of 

the actual test that is administered to 

test takers at specified centers on 

scheduled dates or an unredacted copy 

of the actual test items included in the 

group registration. The redacted and 

unredacted copies may be brought to the 

appointment in electronic form, 

provided they are stored on a CD–ROM, 

DVD, flash drive, or other external 

storage device. In such cases, the 

applicant must bring a laptop or other 

electronic device for the examiner to 

view the secure test materials. In 

recognition that the national 

coronavirus emergency made testing 

administration at specified centers 

infeasible, the May 2020 Interim Rule 

temporarily suspended this 

requirement, ‘‘provided the test 

administrator employs measures to 

maintain the security and integrity of 

the test that it reasonably determines to 

be substantially equivalent to the 

security and integrity provided by inperson proctors.’’ 27

The examiner then reviews the 

redacted and unredacted copies in the 

applicant’s presence. Upon completion 

of the in-person examination, the 

examiner will stamp the date of the 

appointment on the redacted and 

unredacted copies. If paper copies are 

examined, the examiner date-stamps 

both the redacted and unredacted 

versions. If electronic copies are 

examined, the examiner places the 

external storage device (such as a flash 

drive, CD, etc.) in its container, seals the 

container with tamper-proof tape, 

stamps the date of the appointment on 

a label, and applies that label to the 

container. Then the examiner returns 

the physical or electronic copies to the 

applicant. The signed declaration and 

the previously uploaded redacted copy 

of the work(s) are retained in the 


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28NCTA Comments at 7–8. NCTA also stated that 

the Office should permanently adopt the principal 

alterations in the 2020 Interim Rule—particularly 

allowing remote testing, remote proctoring, and 

electronic storage of tests. Id. at 3–6. 

29ATP Comments at 9–11. ATP also suggested 

that the Office create a document that contains the 

material being registered that was returned to the 

applicant, in essence, generating the unredacted 

deposit. Id. The interim rule retains that 

responsibility with the applicant. ATP also stated 

that the Office should adopt many of the interim 

rule changes permanently, principally remote 

testing and proctoring, and secure electronic 

storage. Id. at 4–9. 

30AAMC Comments at 1–2. 

31See 85 FR at 27298. No registrations were 

issued as a result of this test run; it was conducted 

solely to determine the feasibility of the process. 

32Today’s interim rule provides an overview of 

how remote examination will work; more detailed 

instructions can be found in the Office’s circular on 

secure tests (Circular 64), available at https:// 

www.copyright.gov/circs/. 

33 In its circular on secure tests, the Office will 

provide a representative list of software programs 

that provide this functionality. 

Office’s records and may be made 

available to the public under 

appropriate circumstances. If the 

work(s) contain sufficient creative 

authorship, a registration certificate will 

be mailed to the applicant within a few 

weeks of approval. Because of the 

national emergency, in-person 

examinations have been suspended 

since March 2020. 

The comments received in response to 

the May 2020 Interim Rule suggested 

various security protocols and other 

procedures for the Office to consider in 

implementing remote examination. The 

National College Testing Association 

(NCTA) supported examination by 

videoconference and suggested various 

software protocols that the Office could 

consider to maintain security, such as 

confirming compliance with National 

Institute of Standards and Technology 

(‘‘NIST’’) Federal Information 

Processing Standards, employment of 

appropriate encryption techniques, and 

enhanced training of Office examiners 

in the use of secure virtual meeting 

technologies.28 The Association of Test 

Publishers (ATP) echoed these 

suggestions and also suggested that the 

Office employ dual screen control and 

dual scrolling software.29 The 

Association of American Medical 

Colleges (AAMC) endorsed the use of 

WebEx, and suggested that for security 

reasons, the applicant should be the 

host of any teleconference.30

After reviewing these comments, the 

Literary Division of the Registration 

Program solicited responses from 

frequent submitters of secure test 

applications to determine their 

willingness and ability to participate in 

a ‘‘test run’’ of a remote examination. 

The National Board of Medical 

Examiners (‘‘NBME’’) expressed interest 

in participating. NBME proposed that 

the ‘‘test run’’ be conducted using a 

fabricated deposit copy created 

specifically for use in the ‘‘test run;’’ the 

remote examination would be 

performed through the WebEx platform, 

since it is currently supported by the 

Library.31

The ‘‘test run’’ examination took place 

on June 12, 2020. NBME set up the 30- 

minute appointment through WebEx 

and provided the link to the examiner. 

NBME shared its computer screen with 

the examiner through WebEx and 

displayed redacted and unredacted 

deposit copies side-by-side, as would 

occur at an in-person examination. 

NBME used the dual-scrolling software 

‘‘Setup Scrolling,’’ which allows for the 

viewing of two PDF documents side-byside and scrolling through both 

documents at the same time, while 

keeping the pages from each document 

aligned. This feature permits the 

examiner to easily compare the two PDF 

documents. NBME gave the examiner 

control of its computer in order to scroll 

through and examine the deposit 

material, much in the same manner and 

at the same speed as in an in-person 

examination. 

Overall, the remote examination 

proceeded smoothly. NBME, however, 

raised several logistical issues, 

including questions regarding the 

submission of the signed declaration 

and the date-stamping of the unredacted 

deposit. The Office has developed 

proposed solutions to these issues, 

addressed below. Given the success of 

the ‘‘test run,’’ the Office now is 

prepared to move forward with the 

examination of secure test applications 

through secure videoconference for the 

duration of the national emergency. 

B. The Remote Examination Procedure 

Under This Interim Rule 

Based on this input, the Office is now 

adopting a procedure for examining 

secure tests that is generally the same as 

outlined in the current regulation, 

except as described below.32

Participation in the process set forth in 

today’s Interim Rule is strictly 

voluntary. Applicants may opt for an inperson examination, recognizing that 

such examinations cannot occur until 

the national emergency ends and the 

Office resumes normal operations. 

Applicants are still required to submit 

the application, filing fee, questionnaire, 

and redacted copy of the work(s) 

through the electronic registration 

system. As before, the examiner will 

review these materials to determine if 

the work(s) qualifies as a secure test or 

a group of secure test items. If any 

issues arise during this review, the 

examiner will communicate with the 

applicant to resolve such issues before 

scheduling a remote examination. 

Once any issues regarding the 

submitted materials have been resolved, 

the examiner will work with the 

applicant to schedule the appointment 

for the remote examination. The 

applicant is responsible for setting up 

the appointment through the WebEx 

platform or other similar 

teleconferencing platforms that have 

been approved for use by the Library of 

Congress,33 and sending the 

videoconference information to the 

email address provided by the 

examiner. 

The day before the scheduled 

appointment, the examiner will enable 

the ‘‘Upload Deposit’’ function in the 

electronic registration system to allow 

the applicant to upload the declaration 

form attesting that the redacted copy 

uploaded through the system and the 

redacted copy displayed at the remote 

examination are identical. The 

declaration must include a legally 

binding signature. The Office will 

accept an electronic signature as defined 

in 15 U.S.C. 7006, such as ‘‘/s/ Jane 

Doe,’’ a digital image of a handwritten 

signature on the form, or other verified 

electronic signature. By contrast, the 

applicant need not supply a completed 

copy of the online application; the 

examiner can retrieve a copy from the 

electronic registration system, if 

necessary. 

On the day of the appointment, the 

examiner will log into the approved 

teleconferencing platform at the 

appropriate time using the information 

provided by the applicant. All 

participants must use a personal 

computer that has a camera and a 

microphone so that the applicant and 

examiner will be able to see and 

communicate with each other during 

the videoconference. During the 

examination, the applicant will pull up 

the redacted and unredacted copies 

side-by-side when instructed by the 

examiner. The applicant must have socalled ‘‘dual-scrolling’’ software that is 

compatible with the teleconferencing 

platform being used in order to 

participate in a remote examination 

allowed under today’s interim rule. The 

applicant must remain available to 

answer any questions the examiner may 

have during the course of the 

examination. 


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34See, e.g., 37 CFR 210.27(m); 85 FR 58114, 

58154 (Sept. 17, 2020). 

35See 37 CFR 201.3(d)(5). 

36See 82 FR at 26853. 

37H.R. Rep. No. 79–1980, at 260 (1946). See 5 

U.S.C. 553(b)(3)(B) (notice and comment is not 

necessary upon agency determination that it would 

be ‘‘impracticable, unnecessary, or contrary to the 

public interest’’); id. at 553(d) (30-day notice not 

required where agency finds good cause). 

Normally, at the conclusion of the inperson examination, the examiner 

would date-stamp the redacted and 

unredacted paper copies of the deposit, 

or, if the applicant brought electronic 

copies to the appointment, the examiner 

would place the physical storage device 

in its container, seal the container with 

tamper-proof tape, stamp the date of the 

appointment on a label, and apply that 

label to the container. 

As this step is not possible in a 

remote examination, applicant will be 

responsible for maintaining its copy of 

the unredacted deposit, in the event it 

is needed for litigation or other 

purposes. The interim rule specifies that 

the metadata of the unredacted deposit 

file must include the date of the 

examination, and the service request 

number generated by the electronic 

registration system. The redacted 

deposit that was uploaded to the 

electronic registration system can be 

used to identify the material examined 

by the Office by comparing the redacted 

and unredacted copies examined during 

the videoconference session to 

determine if they match. In connection 

with the Office’s overall continuing 

analysis of the registration option for 

secure tests, the Office is considering 

whether to impose a records retention 

requirement upon applicants who 

register under these conditions, similar 

to other regulatory records retention 

provisions.34

After the appointment, the examiner 

will prepare a Secure Test Appointment 

Receipt, containing the following 

information: (1) Date of appointment; (2) 

time of appointment; (3) name of work 

examined; (4) name of examiner 

conducting examination; (5) applicant’s 

representative(s); and (6) the fee charged 

per hour. This receipt will be uploaded 

into the record in the electronic 

registration system. The examiner will 

email a copy of this receipt to the 

applicant, along with instructions for 

submitting the secure test examination 

fee.35 The fee must be paid through 

pay.gov or charged to an active deposit 

account. The Office will not issue a 

registration certificate until it receives 

full payment of this fee. Calculation of 

the fee will be done on an hourly basis, 

in the same manner as for an in-person 

examination. 

If the Office issues a registration 

certificate, the examiner will add an 

annotation that includes the date of the 

appointment. The effective date of 

registration will be the date that the 

Office received—in proper form—the 

application, filing fee, and the redacted 

copy of the test that was uploaded to the 

electronic registration system, 

consistent with the current procedure.36

As with the other interim rules issued 

in this proceeding, the Office will 

monitor the operation of today’s interim 

rule to evaluate whether remote 

examination of secure tests and groups 

of secure test items via secure 

videoconference should continue once 

the national emergency period ends. 

The Office understands the concerns of, 

and importance to, test publishers that 

the definition for a ‘‘secure test’’ reflect 

the current testing practices and testing 

technology, as well as other issues 

raised by commenters throughout this 

rulemaking proceeding. The Office takes 

these concerns seriously and continues 

to carefully consider them. The Office 

anticipates issuing a future separate 

notice that will revisit the regulatory 

definition for a ‘‘secure test.’’ 

In light of the ongoing national 

emergency, the Copyright Office finds 

good cause to publish these 

amendments as an interim rule effective 

immediately, and without first 

publishing a notice of proposed 

rulemaking, ‘‘because of the 

demonstrable urgency of the conditions 

they are designed to correct.’’ 37

List of Subjects in 37 CFR Part 202 

Copyright, Preregistration and 

Registration of Claims to Copyright. 

For the reasons set forth in the 

preamble, the Copyright Office amends 

37 CFR part 202 as follows: 

PART 202—PREREGISTRATON AND 

REGISTRATION OF CLAIMS TO 

COPYRIGHT 

■ 1. The authority citation for part 202 

continues to read as follows: 

Authority: 17 U.S.C. 408(f), 702. 

■ 2. Amend § 202.13 as follows: 

■ a. In paragraph (c)(1), remove 

‘‘standard application’’ and add 

‘‘Standard Application’’ in its place; 

■ b. Revise paragraph (c)(2); 

■ c. In paragraph (c)(3) introductory 

text, remove ‘‘bring’’ and add in its 

place ‘‘provide’’; and 

■ d. Revise paragraph (c)(3)(v) and 

(c)(4). 

The revisions read as follows: 

§ 202.13 Secure tests. 

* * * * * 

(c) * * * 

(2) In case of a secure test, the 

applicant must submit a redacted copy 

of the entire test. In the case of a group 

of test items prepared for use in a secure 

test, the applicant must submit a 

redacted copy of each test item. In all 

cases the redacted copy must contain a 

sufficient amount of visible content to 

reasonably identify the work(s). In 

addition, the applicant must complete 

and submit the secure test questionnaire 

that is posted on the Copyright Office’s 

website. The questionnaire and the 

redacted copy must be contained in 

separate electronic files, and each file 

must be uploaded to the electronic 

registration system in Portable 

Document Format (PDF). The Copyright 

Office will review these materials to 

determine if the work(s) qualify for an 

examination under secure conditions. If 

they appear to be eligible, the Copyright 

Office will contact the applicant to 

schedule an appointment to examine an 

unredacted copy of the work(s). The 

examination may be conducted inperson or through remote access as 

directed by the instructions provided on 

the Office’s website. 

(3) * * * 

(v) In the case of a secure test, the 

applicant must provide an unredacted 

copy of the entire test. In the case of a 

group of test items prepared for use in 

a secure test, the applicant must provide 

an unredacted copy of all the test items. 

The applicant shall include the 

following information in the metadata of 

an unredacted electronic file: 

(A) The date of the examination; and 

(B) The service request number 

generated by the electronic registration 

system. 

(4) The Copyright Office will examine 

the copies specified in paragraphs 

(c)(3)(iii) and (v) of this section under 

secure conditions. The Office will retain 

the signed declaration and the redacted 

copy that was uploaded to the electronic 

registration system. If the examination is 

conducted in-person, the Office will 

stamp the date of the appointment on 

the copies and will return them to the 

applicant when the examination is 

complete. 

* * * * * 

Dated: February 3, 2021. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2021–03097 Filed 2–18–21; 8:45 am] 

BILLING CODE 1410–30–P 


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