[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Rules and Regulations]
[Pages 39819-39820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16241]


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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.

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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.


Sec. 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''.


Sec. 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''.

[[Page 39820]]

    8. Section 203.4(f)(2) is amended by removing the ``.'' (period) 
after ``General Counsel of the United States Copyright Office'' and by 
adding in its place ``''at: Copyright GC/I&R, P.O. Box 70400, Southwest 
Station, Washington, DC 20024. The appeal should be clearly labeled 
`Freedom of Information Act Appeal'.''
    9. Section 203.4(g) is amended by removing ``In the event a request 
is denied and that denial is appealed, the Supervisory Copyright 
Information Specialist will refer the appeal to the General Counsel. 
Appeals shall be set forth in writing and addressed to the Supervisory 
Copyright Information Specialist at the address listed in paragraph (d) 
of this section.''

PART 204--PRIVACY ACT: POLICIES AND PROCEDURES

    10. The authority citation for part 204 is revised to read as 
follows:

    Authority: 17 U.S.C. 702; 5 U.S.C. 552(a).


Sec. 204.4  [Amended]

    11. Section 204.4(a) is amended by removing ``Information and 
Reference Division, Copyright Office, Library of Congress, Washington, 
DC 20559,'' and by adding in its place ``Copyright GC/I&R, P.O. Box 
70400, Southwest Station, Washington, DC 20024,''; and by removing ``9 
a.m. and 4 p.m.'' and adding ``8:30 a.m. and 5 p.m.'' in its place; and 
by removing ``SE.'' and adding in its place ``SE''.
    12. Section 204.4(c) is amended by removing ``within ten working 
days of receipt and will notify the requester within 30 working days of 
receipt of the existence or non-existence of records pertaining to the 
requester.'' and by adding in its place ``made by individuals wishing 
to gain access to view or copy their records or any information 
pertaining to the individual, within a reasonable time. The Office will 
acknowledge in writing an individual's request to amend a record 
pertaining to him or her within ten business days.''


Sec. 204.5  [Amended]

    13. Section 204.5(a) is amended by removing ``Information and 
Reference Division, Copyright Office, Library of Congress, Washington, 
DC 20559,'' and adding in its place ``Copyright GC/I&R, P.O. Box 70400, 
Southwest Station, Washington, DC 20024,''; and by removing ``SE.'' and 
adding in its place ``SE''.
    14. Section 204.5(c) is amended by removing the word ``ten'' and 
adding in its place ``20''.


Sec. 204.7  [Amended]

    15. Section 204.7(a) is amended by removing ``Information and 
Reference Division, Copyright Office, Library of Congress, Washington, 
DC 20559,'' and adding in its place ``Copyright GC/I&R, P.O. Box 70400, 
Southwest Station, Washington, DC 20024,''; and by removing ``SE.'' and 
adding in its place ``SE''.
    16. Section 204.7(b) is amended by removing ``10'' and adding 
``ten'' in its place.
    17. Section 204.8(a) is amended by removing ``has 90 calendar days 
from receipt of the Copyright Office's response to'' and adding in its 
place ``who disagrees with a refusal of the Copyright Office to amend 
his or her record may request a review of the denial. The decision will 
be made within 30 business days, unless the Office can demonstrate good 
cause for extending the 30 day period. If the requestor is dissatisfied 
with the agency's final determination, the individual may bring a civil 
action against the Office in the appropriate United States district 
court.''; and by removing ``Register of Copyright, Copyright Office, 
Library of Congress, Washington, DC 20559 for the final administrative 
determination'' and adding in its place, ``General Counsel, Copyright 
Office, Copyright GC/I&R, P.O. Box 70400, Southwest Station, 
Washington, DC 20024,''; and by removing ``Register's'' and adding in 
its place ``Copyright Office General Counsel's''.
    18. Section 204.8(b) is amended by removing ``Register'' each place 
it appears and adding ``General Counsel'' in its place; and by removing 
``Register's'' and adding in its place ``General Counsel's''.

PART 251--COPYRIGHT ARBITRATION ROYALTY PANEL RULES OF PROCEDURE

    19. The authority citation for part 251 continues to read as 
follows:

    Authority: 17 U.S.C. 801-803.


Sec. 251.44  [Amended]

    20. Section 251.44(f) is amended by adding the heading ``Service.'' 
after the paragraph designation (f).


Sec. 251.64  [Amended]

    21. Section 251.64 is amended by adding ``Such notice shall, to the 
extent feasible, describe the nature, general structure, and schedule 
of the proceeding.'' at the end of the paragraph.

PART 252--FILING OF CLAIMS TO CABLE ROYALTY FEES

    22. The authority citation for part 252 continues to read as 
follows:

    Authority: 17 U.S.C. 111(d)(4), 801, 803.


Sec. 252.4  [Amended]

    23. Section 252.4(a)(1) is amended by removing the ``.'' (period) 
after ``SE''.

PART 256--ADJUSTMENT OF ROYALTY FEE FOR CABLE COMPULSORY LICENSE

    24. The authority citation for part 256 continues to read as 
follows:

    Authority: 17 U.S.C. 702, 802.


Sec. 256.2  [Amended]

    25. Section 256.2(b)(2) is amended by removing ``actual'' and 
adding ``actual'' in its place.

PART 257--FILING OF CLAIMS TO SATELLITE CARRIER ROYALTY FEES

    26. The authority citation for part 257 continues to read as 
follows:

    Authority: 17 U.S.C. 119(b)(4).


Sec. 257.4  [Amended]

    27. Section 257.4(a)(1) is amended by removing the ``.'' (period) 
after ``SE''.

PART 259--FILING OF CLAIMS TO DIGITAL AUDIO RECORDING DEVICES AND 
MEDIA ROYALTY PAYMENTS

    28. The authority citation for part 259 continues to read as 
follows:

    Authority: 17 U.S.C. 1007(a)(1).


Sec. 259.5  [Amended]

    29. Section 259.5(a)(1) is amended by removing the ``.'' (period) 
after ``SE''.

PART 260--USE OF SOUND RECORDINGS IN A DIGITAL PERFORMANCE

    30. The authority citation for part 260 continues to read as 
follows:

    Authority: 17 U.S.C. 114, 801(b)(1).


Sec. 260.2  [Amended]

    31. Section 260.2(c)(1)(v) is amended by removing ``merchandise or 
anything or service of value is received by licensee'' and adding in 
its place ``merchandise, service, or anything of value is received by 
Licensee'' in its place.

    Dated: June 22, 2000.
Marilyn J. Kretsinger
Assistant General Counsel.
[FR Doc. 00-16241 Filed 6-27-00; 8:45 am]
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