46402 Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Parts 201 and 212 

[Docket No. RM 2006–5] 

Correction of Errors in Certificates of 

Registration of Vessel Hull Designs 

AGENCY: Library of Congress, Copyright 

Office. 

ACTION: Interim rule. 

SUMMARY: The Copyright Office is 

publishing an interim rule governing the 

correction of errors in certificates of 

registration of vessel hull designs. If the 

Office discovers a clerical or 

typographical error made by the Office 

on a certificate of registration, the Office 

will issue a corrected certificate. If an 

owner of a vessel hull design discovers 

a clerical or typographical error in a 

certificate of registration that is a result 

of error in the application, the owner 

may submit an application for 

correction of the certificate of 

registration. 

DATES: Effective Date: August 14, 2006. 

FOR FURTHER INFORMATION CONTACT: 

David O. Carson, General Counsel, or 

Renee Coe, Senior Attorney, P.O. Box 

70400, Washington, DC 20024–0400, 

Telephone: (202) 707–8380. Telefax: 

(202) 707–8366. 

SUPPLEMENTARY INFORMATION: The 

Vessel Hull Design Protection Act of 

1998 offered sui generis protection for 

original designs of watercraft hulls and 

decks. 17 U.S.C. chapter 13. One of the 

requirements for protection of a vessel 

hull design is that the design be 

registered in the Copyright Office. See 

generally 17 U.S.C. 1310–1314. 

Section 1319 provides that the Office 

‘‘may, by a certificate of correction 

under seal, correct any error in a 

registration incurred through the fault of 

the Office, or, upon payment of the 

required fee, any error of a clerical or 

typographical nature occurring in good 

faith but not through the fault of the 

Office. Such registration, together with 

the certificate, shall thereafter have the 

same effect as if it had been originally 

issued in such corrected form.’’ 17 

U.S.C. 1319. 

The Office has not issued regulations 

governing the procedure for correcting 

clerical or typographical errors in 

certificates of registration of vessel hull 

designs, but is now issuing interim 

regulations to clarify the procedure for 

requesting a certificate of correction. 

Certificates of registration of vessel 

hull designs are produced directly from 

the application for registration (on Form 

D–VH) submitted by the owner of the 

design, sometimes with amendments 

made by the Copyright Office with the 

consent of the claimant. When a 

claimant discovers that there was a 

clerical or typographical error on the 

application and on the resulting 

certificate of registration, the claimant 

may apply for correction of the error by 

submitting an application to correct a 

design registration (Form DC) with the 

applicable filing fee. The Office has 

determined that the filing fee for 

correction of an error in a certificate of 

registration shall be the same as the 

filing fee for supplementary registration, 

the analogous service for copyright 

registration. Upon examination of the 

application and determination that a 

clerical or typographical error was 

made, the Office will issue a certificate 

of correction, which will be produced 

directly from the Form DC submitted by 

the claimant. Form DC is available on 

the Copyright Office Web site at http:// 

www.copyright.gov/forms/formdc.pdf. 

The procedure for correcting clerical 

or typographical errors is somewhat 

similar to the existing procedure for 

supplementary registration of copyright, 

but is narrower in scope than the 

copyright procedure. A copyright 

claimant may obtain supplementary 

registration, by submitting Form CA, in 

order ‘‘to correct an error in a copyright 

registration or to amplify the 

information given in a registration.’’ 17 

U.S.C. 408(d) (emphasis added). In 

contrast, section 1319 permits 

correction of a vessel hull design 

registration only in cases of a clerical or 

typographical error, and does not permit 

amplification or supplementation of the 

information in the basic registration. 

When the Office discovers a clerical 

or typographical error in a certificate of 

registration that is due to error by the 

Office, or when such an error is brought 

to the attention of the Office, the Office 

will issue a corrected certificate of 

registration without requiring the 

submission of a Form DC or a filing fee. 

List of Subjects 

37 CFR Part 201 

Copyright, General provisions. 

37 CFR Part 212 

Design, Vessel hulls, Registration. 

Final Rule 

■ For the reasons set out in the 

preamble, 37 CFR parts 201 and 212 are 

amended as follows: 

PART 201—GENERAL PROVISIONS 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 17 U.S.C. 702. 

§ 201.3 [Amended] 

■ 2. Section 201.3(c) is amended by 

adding paragraph (20) in the table to 

read: ‘‘(20) Correction of error in a 

certificate of registration of a vessel hull 

design (Form DC) * * * 115.’’

PART 212—PROTECTION OF VESSEL 

HULL DESIGNS 

■ 3. The authority citation for part 212 

continues to read as follows: 

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

■ 4. A new § 212.8 is added to read as 

follows: 

§ 212.8 Correction of errors in certificates 

of registration. 

(a) General. 

(1) This section prescribes conditions 

relating to the correction of clerical or 

typographical errors in a certificate of 

registration of a vessel hull design, 

under section 1319 of title 17 of the 

United States Code, as amended by 

Public Law 105–304. 

(2) For the purposes of this section, a 

basic registration means registration of a 

vessel hull design made under sections 

1310 through 1314 of title 17 of the 

United States Code, as amended by 

Public Law 105–304. 

(3) No correction of the information in 

a basic registration will be made except 

pursuant to the provisions of this 

§ 212.8. As an exception, where it is 

discovered that the record of a vessel 

hull design registration contains a 

clerical or typographical error made by 

the Copyright Office, the Office will take 

appropriate measures to rectify its error. 

Correction will be made only of clerical 

or typographical errors; errors of a 

different nature cannot be corrected and 

there is no procedure to amplify the 

registration record with additional 

information. 

(b) Application for correction of error 

in certificate. At any time after 

registration of a vessel hull design, the 

Copyright Office will correct a clerical 

or typographical error in the registration 

upon the application of the owner of the 

registered design or the owner’s 

authorized agent. 

(c) Form and content of application to 

correct registration. 

(1) An application to correct a 

registration shall be made on a form 

prescribed by the Copyright Office, shall 

be accompanied by the appropriate 

filing fee identified in § 201.3(c) and 

shall contain the following information: 

(i) The make and model of the vessel 

that embodies the registered design; 

(ii) The registration number of the 

basic registration; 


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Federal Register / Vol. 71, No. 156 / Monday, August 14, 2006 / Rules and Regulations 46403 

(iii) The year when the basic 

registration was completed; 

(iv) The name or names of the 

designer or designers of the vessel hull, 

and the owner or owners of the vessel 

hull design, as they appear in the basic 

registration; 

(v) The space number and heading or 

description of the part of the basic 

registration where the error occurred; 

(vi) A transcription of the erroneous 

information as it appears in the basic 

registration; 

(vii) A statement of the correct 

information as it should have appeared; 

(viii) If desired, an explanation of the 

error or its correction; 

(ix) The name and address: 

(A) To which the correspondence 

concerning the application should be 

sent; and 

(B) To which the certificate of 

correction should be mailed; and 

(x) The certification shall consist of: 

(A) The handwritten signature of the 

owner of the registered design or of the 

duly authorized agent of such owner 

(who shall also be identified); 

(B) The typed or printed name of the 

person whose signature appears, and the 

date of signature; and 

(C) A statement that the person 

signing the application is the owner of 

the registered design or of the duly 

authorized agent of such owner, and 

that the statements made in the 

application are correct to the best of that 

person’s knowledge. 

(2) The form prescribed by he 

Copyright Office for the foregoing 

purposes is designated ‘‘Application to 

Correct a Design Registration (Form 

DC)’’. Copies of the form are available 

free upon request to the Public 

Information Office, Library of Congress, 

Copyright Office, 101 Independence 

Avenue, SE., Washington, DC 20559–

6000 or on the Copyright Office Web 

site at http://www.copyright.gov/forms/ 

formdc.pdf. 

(3) Copies, phonorecords or 

supporting documents cannot be made 

part of the record of a corrected 

certificate of registration and should not 

be submitted with the application. 

(d) Fee. The filing fee for an 

application to correct a certificate of 

registration of a vessel hull design is 

prescribed in § 201.3(c). 

Dated: July 19, 2006. 

Marybeth Peters, 

Register of Copyrights. 

James H. Billington, 

Librarian of Congress. 

[FR Doc. 06–6915 Filed 8–11–06; 8:45 am] 

BILLING CODE 1410–30–M 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2006–0604; FRL–8208–8] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

South Dakota; Revisions to the 

Administrative Rules of South Dakota 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct Final rule and NSPS 

Delegation. 

SUMMARY: EPA is taking direct final 

action approving a State 

Implementation Plan (SIP) revisions 

submitted by the State of South Dakota 

on January 14, 2005. The January 14, 

2005 submittal revises the 

Administrative Rules of South Dakota, 

Air Pollution Control Program, by 

modifying the chapters pertaining to 

definitions, ambient air quality, air 

quality episodes, operating permits for 

minor sources, regulated air pollutant 

emissions, new source review, 

performance testing, control of visible 

emissions, and continuous emission 

monitoring systems. In addition, the 

State made revisions to the Prevention 

of Significant Deterioration program, 

which has been delegated to the State. 

The intended effect of this action is to 

make these revisions federally 

enforceable. We are also announcing 

that on March 23, 2005, we updated the 

delegation of authority for the 

implementation and enforcement of the 

New Source Performance Standards to 

the State of South Dakota. These actions 

are being taken under sections 110 and 

111 of the Clean Air Act. 

DATES: This rule is effective on October 

13, 2006 without further notice, unless 

EPA receives adverse comment by 

September 13, 2006. If adverse comment 

is received, EPA will publish a timely 

withdrawal of the direct final rule in the 

Federal Register informing the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R08–

OAR–2006–0604, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

• E-mail: long.richard@epa.gov and 

dygowski.laurel@epa.gov. 

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Richard R. Long, Director, Air 

and Radiation Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 999 18th Street, Suite 

200, Denver, Colorado 80202–2466. 

• Hand Delivery: Richard R. Long, 

Director, Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 999 

18th Street, Suite 300, Denver, Colorado 

80202–2466. Such deliveries are only 

accepted Monday through Friday, 8 a.m. 

to 4:55 p.m., excluding Federal 

holidays. Special arrangements should 

be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R08–OAR–2006–

0604. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an (anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA, without going through http:// 

www.regulations.gov your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 


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