39818 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

significant quantities of records

destroyed. A fire in a commercial

records storage facility in Chicago on

October 29, 1996, resulted in the loss of

over 220,000 boxes of records. The wet

pipe sprinkler system was reported to be

ordinary hazard, group II, with no

sprinklers under the catwalks in 28 foothigh shelving. Preliminary estimates

placed the loss at 50 million dollars or

more. More than a million boxes of

documents were destroyed in three

March 1997 fires at a nationwide

records storage company’s two facilities

in an industrial park in South

Brunswick, New Jersey. And a May 6,

1997, fire near Scranton, PA destroyed

another commercial center that stored

450,000 cubic feet of paper and

microfilm records. In comparison, the

two recent fires at NARA’s Washington

National Records Center in Suitland,

MD, demonstrated that NARA’s fire

protection and suppression system does

provide the level of fire safety required

by the NARA standard in Subpart K.

The first fire resulted in loss of 50 or

fewer cubic feet of records from fire.

The loss from the second fire was

limited to no more than 10 cubic feet of

records.

NARA fire safety requirements are

based on extensive live fire testing

conducted by nationally recognized

independent laboratories. These tests

demonstrate conclusively that the

NARA standards are effective and

practical. NARA has authorized the

unlimited publication of the test reports.

To our knowledge, no other U. S.

provider of records storage services has

conducted any such independent tests;

at least no reports have been published.

The NARA standards also reflect the

National Fire Protection Association’s

advisory Guide for Fire Protection for

Archives and Records Centers (NFPA/

ANSI 232A–1995), the most widely

accepted documentation of commercial

best practices. (The National Fire

Protection Association has recently

voted to change the advisory guide to a

mandatory standard.)

The related Iron Mountain comment

that NARA had conducted a fire test

subsequent to the final rule that used

the widely accepted industry fire

suppression standards was

misinformed. NARA’s successful fire

test of 28-foot high storage, conducted

by the independent Southwest Research

Institute, did not use the widely

accepted industry practice of ceilingonly sprinklers. Instead, NARA used

sprinklers at three levels: under the first

catwalk at approximately 16 feet; under

the second catwalk at approximately 24

feet, and at the ceiling. The test fire was

controlled by the under-catwalk

sprinklers and the ceiling sprinklers

never activated.

NARA Regulation is Inconsistent With

Acquisition Reform Inititatives

DoD, CSA, and the Coalition also

commented that the final rule is

inconsistent with the Government’s

acquisition reform efforts to eliminate

government unique standards, such as

military specifications in favor of

commercial standards and best

practices. We do not view the records

center regulation as contravening or

impeding the Government’s acquisition

reform initiative. As discussed in the

previous sections of this SUPPLEMENTARY

INFORMATION, there is no clear ANSIapproved industry fire-safety standard

for records centers that could be used in

place of the NARA standard. It is

important to realize that with regard to

fire safety and security issues, the new

regulation was written as a performance

standard, rather than a prescriptive

standard, and replaced Governmentspecific (MIL–SPEC and FED–STD)

references with ANSI-approved

references. We also took extensive steps

to assure full industry review and

comment, as noted in the

SUPPLEMENTARY INFORMATION section of

the December 2, 1999, final rule.

Other Comments

Several of the commenters either

enclosed copies of comments that had

been submitted in response to the

proposed rule, or repeated their earlier

comments. These comments generally

concerned issues of cost and

competition, and were addressed in the

December 2, 1999, final rule. The DoD

comment indicated a concern that

NARA was both the arbiter of the

standards and a competitor in the

marketplace. While we appreciate the

concern, NARA has taken action to

assure that the two functions remain

separate.

Conclusion

After carefully reviewing the

comments received in response to the

invitation for public comment on

§§ 1228.234, 1228.236, and 1228.238,

we determined that these three

provisions do not require further

amendment to carry out their intended

purpose: to allow Federal agencies and

the commercial records storage industry

more flexibility in meeting the NARA

requirements.

Dated: June 23, 2000.

John W. Carlin,

Archivist of the United States.

[FR Doc. 00–16308 Filed 6–27–00; 8:45 am]

BILLING CODE 7515–01–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201 and 202

[Docket No. RM 2000–5]

Copyright Rules and Regulations:

Copyright, Registration of Claims to

Copyright

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final rule; technical

amendments.

SUMMARY: The Copyright Office has

reviewed its regulations and found nonsubstantive errors in its general

copyright provisions and its rules

governing registration of claims to

copyright. This document contains

technical amendments to correct these

errors.

EFFECTIVE DATE: June 28, 2000.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Assistant General

Counsel, Copyright GC/I&R, PO Box

70400, Southwest Station, Washington

DC 20024. Telephone: (202) 707–8380.

Fax: (202) 707–8366.

SUPPLEMENTARY INFORMATION: The

Copyright Office recently conducted an

extensive review of Parts 201 and 202 of

its regulations. This document is

published to update and correct minor

errors in the text to these parts as

published in the Code of Federal

Regulations.

List of Subjects

37 CFR Part 201

Copyright.

37 CFR Part 202

Claims, Copyright.

Final Rule

For the reasons set forth in the

preamble, 37 CFR Chapter II is amended

by making the following corrections and

amendments:

PART 201—GENERAL PROVISIONS

1. The authority citation for Part 201

continues to read as follows:

Authority: 17 U.S.C. 702.

§ 201.1 [Amended]

2. In § 201.1, paragraph (a) remove the

‘‘.’’ (period) after ‘‘SE’’.

3. In § 201.1, paragraphs (c) and (d)

are revised to read as follows:

§ 201.1 Communications with the

Copyright Office.

* * * * *

Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations 39819

(c) Copies of records or deposits.

Requests for copies of records or

deposits should be addressed to the

Library of Congress, Copyright Office,

Certifications and Documents Section,

LM–402, 101 Independence Avenue, SE,

Washington, DC 20559–6000.

(d) Search of records. Requests for

searches of registrations and

recordations in the completed catalogs,

indexes, and other records of the

Copyright Office should be addressed to

the Library of Congress, Copyright

Office, Reference and Bibliography

Section, LM–450, 101 Independence

Avenue, SE, Washington, DC 20559–

6000.

§ 201.3 [Amended]

4. In § 201.3(d)(11)(v), remove the ‘‘.’’

(period) after the ‘‘:’’ (colon).

5. In the heading to the table in

§ 201.3(e), remove ‘‘division’’ and add

‘‘Division’’ in its place.

§ 201.4 [Amended]

6. In § 201.4(a)(1)(iv), revise ‘‘17

U.S.C’’ to read ‘‘17 U.S.C.’’.

7. In § 201.4(c)(2)(ii), add ‘‘title’’ after

‘‘recordable under this’’.

8. In § 201.4(a)(1), (2) and (3)(i),

remove ‘‘Title’’ and add ‘‘title’’ in its

place.

9. In § 201.4, paragraph (d) is revised

to read as follows:

§ 201.4 Recordation of transfers and

certain other documents.

* * * * *

(d) Fees. The fees for recordation of a

document are prescribed in § 201.3(c).

* * * * *

§ 201.5 [Amended]

10.–11. In § 201.5(c)(1)(viii)(C), add a

‘‘,’’ (comma) after ‘‘other copyright

claimant.’’

12. In § 201.5(c)(2), remove ‘‘.’’

(period) after ‘‘SE’’.

§ 201.7 [Amended]

13. In § 201.7(c)(4)(iii), remove the

excess space after ‘‘(iii)’’.

14. In § 201.7(c)(4)(ix), add a ‘‘,’’

(comma) after ‘‘January 1, 1978’’.

15. In § 201.7(d), add a ‘‘,’’ (comma)

after ‘‘information or deposit copy’’.

§ 201.25 [Amended]

16. In § 201.25(d), remove

‘‘statement’’ after ‘‘Visual Arts Registry’’

and add ‘‘Statement’’ in its place.

17. In § 201.25(f), add the heading

‘‘Effect of recordation.’’

§ 201.26 [Amended]

18. In § 201.26(g)(3), add ‘‘–4260’’

after ‘‘20540’’.

§ 201.35 [Amended]

19. In § 201.35(f), remove the period

‘‘.’’ after ‘‘SE’’.

§ 201.36 [Amended]

20. In § 201.36(c), last sentence, (f)

and (g) introductory text, remove ‘‘use’’

after ‘‘Reports of’’ and add ‘‘Use’’ in its

place.

§ 201.37 [Amended]

21. In the heading to § 201.37(b), add

an ‘‘s’’ to the word ‘‘Definition’’.

PART 202—REGISTRATION OF

CLAIMS TO COPYRIGHT

22. The authority citation for Part 202

continues to read as follows:

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

§ 202.3 [Amended]

23. In § 202.3(b)(3)(i)(A), remove ‘‘A’’

and add ‘‘a’’ after ‘‘published works:’’.

§ 202.17 [Amended]

24. In § 202.17(g)(2)(i), remove ‘‘duty’’

and add ‘‘duly’’ in its place.

§ 202.23 [Amended]

25. In § 202.23(d), add ‘‘or’’ after

‘‘deposit made on’’; add a ‘‘,’’ (comma)

after ‘‘1978’’.

Dated: June 20, 2000.

Marilyn J. Kretsinger,

Assistant General Counsel.

[FR Doc. 00–16240 Filed 6–27–00; 8:45 am]

BILLING CODE 1410–30–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 203, 204, 251, 252, 256,

257, 259, 260

[Docket No. 2000–5A]

Freedom of Information Act, Privacy

Act, and Copyright Arbitration Royalty

Panel: Policies and Procedures

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final rule; technical

amendments.

SUMMARY: The Copyright Office is

making non-substantive housekeeping

amendments to its regulations to update

them and to correct minor errors.

EFFECTIVE DATE: June 28, 2000.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Assistant General

Counsel, Copyright Office GC/I&R, PO

Box 70400, Southwest Station,

Washington, DC 20024. Telephone:

(202)707–8380. Telefax: (202)707–8366.

SUPPLEMENTARY INFORMATION: The

Copyright Office periodically reviews its

regulations as published in the Code of

Federal Regulations (CFR) to correct

minor and typographical errors in the

published text. The Office has identified

such errors in the currently published

rules and makes corrections now. In

addition, some corrections, such as the

time allotted an agency to respond to a

request under the Privacy Act, and the

time in which an appeal must receive

response, are changes made to conform

the Office’s regulations to the Privacy

Act of 1974, which is part of the

Administrative Procedure Act, 5 U.S.C.

552(a).

The following sections are amended

to correct these errors: Secs. 203.3(a),

203.3(b)(2), 203.3(g), 203.4(c), 203.4(d),

203.4(f), 203.4(g), 204.4(a), 204.4(c),

204.5(a), 204.4(c), 204.7(a), 204.7(b),

204.8(a), and 204.8(b).

List of Subjects

37 CFR Part 203

Freedom of information.

37 CFR Part 204

Privacy.

Final Rule

Accordingly, 37 CFR chapter II is

amended by making the following

corrections and amendments.

PART 203—FREEDOM OF

INFORMATION ACT: POLICIES AND

PROCEDURES

1. The authority citation for part 203

continues to read as follows:

Authority: 17 U.S.C. 702; 5 U.S.C. 552, as

amended.

§ 203.3 [Amended]

2. Section 203.3(a) is amended by

removing ‘‘and’’ after ‘‘legal’’ and

adding a ‘‘,’’ (comma) in its place.

3. Section 203.3(b)(2) is amended by

removing ‘‘whether the materials’’ and

adding in its place ‘‘whether the

material’’, and by removing ‘‘constitute’’

and adding ‘‘constitutes’’ in its place.

4. Section 203.3(g) is amended by

removing ‘‘SE.’’ and adding in its place

‘‘SE’’.

§ 203.4 [Amended]

5. Section 203.4(c) is amended by

removing ‘‘SE.’’ and adding in its place

‘‘SE’’; and by adding a comma after

‘‘Friday’’.

6. Section 203.4(d) is amended by

adding ‘‘–6000’’ after ‘‘20559’’; and by

removing ‘‘SE.’’ and adding in its place

‘‘SE’’.

7. Section 203.4(f) introductory text is

amended by removing ‘‘S.E.’’ and

adding in its place ‘‘SE’’; and by adding

a ‘‘.’’ (period) after ‘‘DC’’ and before

‘‘Office hours are’’.