Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations 38843 

definition of a ski area on NFS lands. 

Therefore, the Department has 

determined that this interim final rule 

will not have a significant economic 

impact on a substantial number of small 

entities as defined by the Regulatory 

Flexibility Act because this interim final 

rule will not impose record-keeping 

requirements on them; it will not affect 

their competitive position in relation to 

large entities; and it will not affect their 

cash flow, liquidity, or ability to remain 

in the market. 

Federalism and Consultation and 

Coordination With Indian Tribal 

Governments 

The Department has considered this 

interim final rule under the 

requirements of E.O. 13132 on 

federalism. The Department has 

determined that this interim final rule 

conforms to the federalism principles 

set out in this E.O.; will not impose any 

compliance costs on the States; and will 

not have substantial direct effects on the 

states, on the relationship between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. Therefore, the 

Department has determined that no 

further determination of federalism 

implications is necessary at this time. 

This interim final rule does not have 

tribal implications per E.O. 13175, 

Consultation and Coordination with 

Indian Tribal Governments. Therefore, 

advance consultation with tribes is not 

required in connection with the interim 

final rule. 

No Takings Implications 

The Department has analyzed the 

interim final rule in accordance with the 

principles and criteria in E.O. 12630 

and has determined that his interim 

final rule will not pose the risk of a 

taking of private property. 

Civil Justice Reform 

The Department has reviewed this 

interim final rule under E.O. 12988 on 

civil justice reform. After adoption of 

this interim final rule, (1) All State and 

local laws and regulations that conflict 

with this interim final rule or that 

impede its full implementation will be 

preempted; (2) no retroactive effect will 

be given to this interim final rule; and 

(3) it will not require administrative 

proceedings before parties may file suit 

in court challenging its provisions. 

Unfunded Mandates 

Pursuant to Title II of the Unfunded 

Mandates Reform Act of 1995 (2 U.S.C. 

1531–1538), the Department has 

assessed the effects of this interim final 

rule on State, local, and tribal 

governments and the private sector. 

This interim final rule will not compel 

the expenditure of $100 million or more 

by any State, local, or tribal government 

or anyone in the private sector. 

Therefore, a statement under section 

202 of the Act is not required. 

Energy Effects 

The Department has reviewed this 

interim final rule under E.O. 13211 of 

May 18, 2001, Actions Concerning 

Regulations That Significantly Affect 

Energy Supply. The Department has 

determined that this interim final rule 

does not constitute a significant energy 

action as defined in the E.O. 

Controlling Paperwork Burdens on the 

Public 

This interim final rule does not 

contain any record-keeping or reporting 

requirements or other information 

collection requirements as defined in 5 

CFR part 1320 that are not already 

required by law or not already approved 

for use. Accordingly, the review 

provisions of the Paperwork Reduction 

Act (44 U.S.C. 3501 et seq.) and its 

implementing regulations at 5 CFR part 

1320 do not apply to this interim final 

rule. 

List of Subjects in 36 CFR Part 251 

Administrative practice and 

procedure, Electric power, National 

forests, Public lands–rights-of-way, 

Reporting and recordkeeping 

requirements, Water resources. 

Therefore, for the reasons set forth in 

the preamble, the Forest Service is 

amending subpart B of part 251 of Title 

36 of the Code of Federal Regulations to 

read as follows: 

PART 251–LAND USES 

Subpart B–Special Uses 

■ 1. The authority citation for part 251, 

subpart B, continues to read as follows: 

Authority: 16 U.S.C. 4601–6a, 4601–6d, 

472, 497b, 497c, 551, 580d, 1134, 3210; 30 

U.S.C. 185; 43 U.S.C. 1740, 1761–1771. 

■ 2. Amend § 251.51 by revising the 

definition of ‘‘ski area’’ to read as 

follows: 

§ 251.51 Definitions. 

* * * * * 

Ski area—a site and associated 

facilities that has been primarily 

developed for alpine or Nordic skiing 

and other snow sports, but may also 

include, in appropriate circumstances, 

facilities necessary for other seasonal or 

year-round natural resource-based 

recreation activities, provided that a 

preponderance of revenue generated by 

the ski area derives from the sale of 

alpine and Nordic ski area passes and 

lift tickets, revenue from alpine, Nordic, 

and other snow sport instruction, and 

gross revenue from ancillary facilities 

that support alpine or Nordic skiing and 

other snow sports. 

* * * * * 

Dated: June 20, 2013. 

Ann C. Mills, 

Acting Under Secretary. 

[FR Doc. 2013–15476 Filed 6–27–13; 8:45 am] 

BILLING CODE 3410–11–P 

LIBRARY OF CONGRESS 

United States Copyright Office 

37 CFR Part 202 

[Docket No. 2013–6] 

Single Application Option 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Interim final rule. 

SUMMARY: The U.S. Copyright Office is 

amending its regulations on an interim 

basis in order to establish a new 

registration option called the ‘‘single 

application.’’ This application is being 

introduced in order to provide an 

additional option for individual 

authors/claimants registering a single 

(one) work that is not a work made for 

hire via the Copyright Office’s electronic 

registration system (‘‘eCO’’). Such 

applications are the most 

administratively simple for the 

Copyright Office to process and may 

make copyright registration more 

attractive to individual authors of single 

works. This application option will be 

available on June 28, 2013, and the 

Copyright Office is inviting public 

comments during the first 60 days of its 

implementation. The single application 

option will cost the same—$35—as a 

standard electronic application. 

DATES: Effective date: June 28, 2013. 

Comments date: Comments must be 

received by the Copyright Office of the 

General Counsel no later than August 

28, 2013. 

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/comments/ 

single-application/commentsubmission.html. The Web site interface 

requires submitters to complete a form 

specifying name and organization, as 


tkelley on DSK3SPTVN1PROD with RULES
38844 Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations 

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 not to exceed six megabytes (MB) in 

one of the following formats: The 

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 form and face of the 

comments must include both the name 

of the submitter and the organization. 

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) 707–8380 for special instructions. 

FOR FURTHER INFORMATION CONTACT: 

Robert Kasunic, Associate Register of 

Copyrights and Director of Registration 

Policy & Practice, or Chris Weston, 

Attorney-Advisor, Office of the General 

Counsel, at (202) 707–8380. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Prior Federal Register publications. 

On January 24, 2012, the Copyright 

Office (the ‘‘Office’’) published a notice 

of inquiry in the Federal Register 

seeking public comment on several 

issues (the ‘‘NOI’’). 77 FR 3507 (Jan. 24, 

2012). One—which is the subject of the 

present interim rule—was whether 

special consideration should be 

provided to registration of single works 

where the author is also the copyright 

owner and the work is not a work made 

for hire. (This is the ‘‘single 

application,’’ as distinguished from the 

‘‘standard application.’’) This question 

was asked in the context of an ongoing 

fee study by the Office. The Office 

received four comments to this notice 

responding to the question of a single 

application, all of them positive. 

On March 28, 2012, the Office 

published a comprehensive notice of 

proposed rulemaking proposing a new 

schedule of fees as well as proposing to 

offer a separate, easier application for ‘‘a 

single author who is also the claimant 

for the online filing of a claim in a 

single work that is not a work made for 

hire’’ (the ‘‘NPR’’). 77 FR 18743 (Mar. 

28, 2012). The notice also stated that the 

Office would provide more details on 

the single author/single work 

registration option in a later proposed 

rulemaking. The Office received 10 

comments directed at the proposed 

single application. The issues raised in 

these comments are addressed below. 

Why an interim rule? As noted above, 

the Office previously stated that more 

details regarding the single author/ 

single work registration option would be 

forthcoming. The present notice, then, 

serves the function of both a notice of 

proposed rulemaking—in that it seeks 

public comment on the rules governing 

the single application—and an interim 

rule—in that it simultaneously 

promulgates the single application. The 

Office believes that it received sufficient 

comment pursuant to its NPR that it is 

justified in publishing an interim rule 

regarding the implementation of the 

single application option. However, 

because only a description in the text of 

the NPR was provided, the Office is here 

providing the opportunity for the 

interested public to comment on the 

actual proposed text of the rule in the 

context of having the single application 

option available for public use and 

review. Because the rule covering this 

application is interim in nature, this 

allows the Office to modify it should 

such an action be warranted. 

II. Discussion 

The reasons for establishing a separate 

single registration application option are 

spelled out in detail in the NOI. Briefly, 

the Office believes that those 

registration applications that take the 

least time to process should enjoy a 

simpler online application. The Office 

hopes that providing a simplified 

application option will encourage more 

individual creators to register their 

works. 

As initially proposed, the single 

application would only be available for 

‘‘an application to register a single work 

when the application is submitted by a 

person who is the sole author and the 

sole copyright owner of the work, the 

work is not a work made for hire, and 

the work does not contain material that 

was previously published or registered.’’ 

77 FR 3507 (Jan. 24, 2012). It was also 

suggested initially that the single 

application be available only via eCO, 

and that it may be used to register 

collections of works by the same authorclaimant. 

As restated in the NPR, the single 

application was proposed to apply only 

to ‘‘a single author who is also the 

claimant for the online filing of a claim 

in a single work that is not a work made 

for hire.’’ 77 FR 18743 (Mar. 28, 2012). 

Although the single application was 

initially conceived to require that the 

author, claimant, and remitter had to be 

the same individual, the Office has 

determined to allow a third party to 

remit a claim on behalf of an authorclaimant, provided that the third party 

is also listed as the correspondent, and 

provided the claim meets the single 

registration requirements. The Office 

also determined that a claim for a single 

application may contain—but will not 

cover—material that was previously 

published or registered, so as to allow 

for the registration of certain derivative 

works. 

Based on the comments received the 

Office has determined that the following 

will be the boundaries of the types of 

claims that are eligible for submission 

using the single application to be 

implemented on June 28, 2013: 

• Electronic registration only. 

• Single author (does not include 

joint works). 

• Single claimant/owner (does not 

include works made for hire or works 

where the claimant/owner is different 

from the author, i.e., transferred 

ownership). 

• Single work (e.g., one song, one 

poem, one photograph. Does not include 

collective works, unpublished 

collections, units of publication, group 

registrations, databases, or Web sites). 

Regarding the requirement of one 

work per registration, while the Office is 

aware that many individual authors, 

particularly photographers, create 

multiple works that they may want to 

register at one time, registering multiple 

works creates a more complex 

application. A single electronic 

application will provide a more 

simplified registration option that 

would benefit the many individual 

applicants who submit such claims for 

registration. Any expansion beyond the 

limits listed above creates more 

complex applications, which take 

additional time to process, and are thus 

poor candidates for an application based 

on simplicity. 

This rationale applies as well to those 

commenters who argued that the single 

application should be available both to 

individual creators who incorporate for 

business reasons (e.g., an author who 

seeks to register a manuscript through a 

self-created corporate entity for tax or 

liability reasons) and to individuals or 

small businesses who commission 

works made for hire. Why, ask these 

commenters, are such authors—who are 

as much a part of the independent 

creative community as individuals who 

register their works as themselves—not 

also offered the benefit of a single 

application option? There should be no 

doubt that the Copyright Office agrees 

that works registered through a 

corporate entity or created for hire are 

worthy of copyright protection. It also 

recognizes that the business of creating 

and licensing creative works can be a 

complex one, even (or especially) for 

individuals and small businesses. 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 78, No. 125 / Friday, June 28, 2013 / Rules and Regulations 38845 

However, every deviation from the most 

simplified application, whether it be 

that the claimant is a corporation where 

the author is an individual, or the work 

is made for hire, creates, as noted above, 

more complexity for the registration 

process, and frustrates the goal of 

simplicity. 

In addition to adding regulations 

governing the single application, the 

Copyright Office is proposing minor 

technical amendments to the current 

regulation governing electronic 

registration in general, in order to clarify 

the requirements for sending physical 

copies or phonorecords as deposit 

copies. These changes appear in the 

new sub-paragraph 202.3(b)(2)(i)(D). 

It is important to the Copyright Office 

that registration be as simple, equitable, 

and economical as possible. The Office 

believes that providing an easier option 

for registration for those authors who 

file the simplest kind of application is 

worthwhile, and may encourage 

registration and foster the development 

of a more robust public record. 

III. Request for Comments 

The new online single registration 

application will appear as an option in 

eCO on June 28, 2013. The Office is 

providing the public an opportunity to 

comment on this implementation. The 

interim status of this rule means that it 

is likely to be revisited by the Copyright 

Office in the near future, which will 

offer the Office an opportunity to 

consider and act upon comments 

received. 

List of Subjects in 37 CFR Part 202 

Preregistration and Registration of 

Claims to Copyright. 

Interim Regulations 

In consideration of the foregoing, the 

Copyright Office amends part 202 of 37 

CFR as follows: 

PART 202—PREREGISTRATION AND 

REGISTRATION OF CLAIMS TO 

COPYRIGHT 

■ 1. The authority section for part 202 

continues to read as follows: 

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

■ 2. Amend § 202.3 by revising 

paragraph (b)(2)(i) to read as follows: 

§ 202.3 Registration of copyright. 

* * * * * 

(b) * * * 

(2) * * * 

(i) Electronic applications. (A) An 

applicant may submit an application 

electronically through the Copyright 

Office Web site [www.copyright.gov] For 

non-group registrations, an applicant 

may submit a standard electronic 

application, or an applicant may submit 

a ‘‘single’’ application. 

(B) A ‘‘single’’ application can be 

made only for a single work by a single 

author that is owned by the person who 

created it, and is not a work made for 

hire. The claimant and the author must 

be the same. A third party may remit a 

‘‘single’’ application on behalf of the 

author/claimant, provided that party 

lists itself as the correspondent. The 

following categories of work may not be 

registered using the ‘‘single’’ 

application: collective works, 

unpublished collections, units of 

publication, group registration options, 

databases, Web sites, works by more 

than one author, and works with more 

than one owner. The designation of a 

work as eligible for a ‘‘single’’ 

registration does not include work 

characterized as a ‘‘single work’’ under 

paragraph (b)(4) of this section. 

(C) An online submission requires a 

payment of the application fee through 

an electronic fund transfer, credit or 

debit card, or through a Copyright Office 

deposit account. 

(D) Deposit materials in support of an 

online application may be submitted 

electronically in a digital format (if 

eligible) along with the application and 

payment, or a remitter may send 

physical copies or phonorecords as 

necessary to satisfy the best edition 

requirements, by mail to the Copyright 

Office, using the required shipping slip 

generated during the online registration 

process. 

* * * * * 

Dated: June 24, 2013. 

Maria Strong, 

Acting General Counsel, U.S. Copyright 

Office. 

[FR Doc. 2013–15545 Filed 6–27–13; 8:45 am] 

BILLING CODE 4110–30–P 


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