4072 Federal Register / Vol. 76, No. 15 / Monday, January 24, 2011 / Rules and Regulations 

of the grounds for disapproval under 

consideration. 

§ 201.701 Issuance of order. 

At any time following conclusion of 

the rebuttal period specified in 17 CFR 

201.700(b)(4), the Commission may 

issue an order approving or 

disapproving the self-regulatory 

organization’s proposed rule change 

together with a written statement of the 

reasons therefor. 

PART 202—INFORMAL AND OTHER 

PROCEDURES 

■ 4. The authority citation for part 202 

continues to read as follows: 

Authority: 15 U.S.C. 77s, 77t, 78d–1, 78u, 

78w, 78ll(d), 79r, 79t, 77sss, 77uuu, 80a–37, 

80a–41, 80b–9, 80b–11, and 7201 et seq., 

unless otherwise noted. 

■ 5. Add § 202.170 to read as follows: 

§ 202.170 Initiation of disapproval 

proceedings for PCAOB proposed rules. 

Initiation of disapproval proceedings 

for proposed rules of the Public 

Company Accounting Oversight Board 

as defined by section 107 of the 

Sarbanes-Oxley Act of 2002 are subject 

to the provisions of §§ 201.700 and 

201.701 of this chapter as fully as if it 

were a registered securities association, 

except that: 

(a) Demonstration of Consistency with 

the Sarbanes-Oxley Act of 2002. For 

purposes of proposed rules of the Public 

Company Accounting Oversight Board, 

apply this paragraph in lieu of 

paragraph (b)(3) of § 201.700 of this 

chapter. The burden to demonstrate that 

a proposed rule is consistent with the 

requirements of title I of the SarbanesOxley Act of 2002, and the rules and 

regulations issued thereunder, or as 

necessary or appropriate in the public 

interest or for the protection of 

investors, is on the Public Company 

Accounting Oversight Board. In its filing 

the Public Company Accounting 

Oversight Board must explain in a clear 

and comprehensible manner why the 

proposed rule change is consistent with 

the requirements of title I of the 

Sarbanes-Oxley Act of 2002 and the 

rules and regulations thereunder, or as 

necessary or appropriate in the public 

interest or for the protection of 

investors. A mere assertion that the 

proposed rule change is consistent with 

those requirements is not sufficient. 

Instead, the description of the proposed 

rule, its purpose and operation, its 

effect, and a legal analysis of its 

consistency with applicable 

requirements must all be sufficiently 

detailed and specific to support an 

affirmative Commission finding. Any 

failure by the Public Company 

Accounting Oversight Board in its 

proposed rule filing with the 

Commission may result in the 

Commission not having a sufficient 

basis to make an affirmative finding that 

a proposed rule change is consistent 

with the title I of the Sarbanes-Oxley 

Act of 2002, and the rules and 

regulations issued thereunder, or as 

necessary or appropriate in the public 

interest or for the protection of 

investors. 

(b) For each reference to ‘‘the 

Exchange Act and the rules and 

regulations thereunder applicable to the 

self-regulatory organization’’ apply ‘‘title 

I of the Sarbanes-Oxley Act of 2002, and 

the rules and regulations issued 

thereunder applicable to such 

organization, or as necessary or 

appropriate in the public interest or for 

the protection of investors.’’ 

PART 240—GENERAL RULES AND 

REGULATIONS, SECURITIES 

EXCHANGE ACT OF 1934 

■ 6. The authority citation for part 240 

continues to read as follows: 

Authority: 15 U.S.C. 77c, 77d, 77g, 77j, 

77s, 77z–2, 77eee, 77ggg, 77nnn, 77sss, 77ttt, 

78c, 78d, 78f, 78i, 78j, 78j–1, 78k, 78k–1, 78l, 

78m, 78n, 78o, 78p, 78q, 78s, 78u–5, 78w, 

78x, 78ll(d), 78mm, 79q, 79t, 80a–20, 80a–23, 

80a–29, 80a–37, 80b–3, 80b–4 and 80b–11, 

unless otherwise noted. 

■ 7. Section 240.19b–4 is amended by 

revising paragraphs (g), (l)(1) and (l)(4) 

to read as follows: 

§ 240.19b–4 Filings with respect to 

proposed rule changes by self-regulatory 

organizations. 

* * * * * 

(g) Proceedings to determine whether 

a proposed rule change should be 

disapproved will be conducted pursuant 

to 17 CFR 201.700–701 (Initiation of 

Proceedings for SRO Proposed Rule 

Changes). 

* * * * * 

(l) * * * 

(1) In the case of a proposed rule 

change filed under section 19(b)(2) of 

the Act (15 U.S.C. 78s(b)(2)), the 

Commission approves or disapproves 

the proposed rule change or the selfregulatory organization withdraws the 

proposed rule change, or any 

amendments, or is notified that the 

proposed rule change is not properly 

filed; or 

* * * * * 

(4) In the case of a proposed rule 

change, or any amendment thereto, that 

has been disapproved, withdrawn or not 

properly filed, the self-regulatory 

organization shall remove the proposed 

rule change, or any amendment, from its 

Web site within two business days of 

notification of disapproval, improper 

filing, or withdrawal by the SRO of the 

proposed rule change. 

* * * * * 

By the Commission. 

Dated: January 14, 2011. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2011–1199 Filed 1–21–11; 8:45 am] 

BILLING CODE 8011–01–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 202 

[Docket No. RM 2010–6] 

Registration of Claims of Copyright 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Interim rule. 

SUMMARY: The Copyright Office is 

adopting interim regulations governing 

the electronic submission of 

applications for registration of 

automated databases that predominantly 

consist of photographs, and applications 

for group registration of published 

photographs. This interim rule 

establishes a testing period and pilot 

program during which the Copyright 

Office will assess the desirability and 

feasibility of permanently allowing such 

applications to be submitted through the 

Copyright Office’s electronic filing 

system (‘‘eCO’’). Persons wishing to 

submit electronic applications to 

register copyrights of such photographic 

databases or of groups of published 

photographs should contact the Visual 

Arts Division for permission and 

guidance on electronic registration. 

Notwithstanding the ordinary deposit 

requirements for group registration of 

automated databases, an electronic 

application for group registration of an 

automated database that consists 

predominantly of photographic 

authorship must include the image of 

each claimed photograph in the 

database. The interim regulations also 

allow applicants to use forms other than 

Form TX, as appropriate, when 

submitting paper applications to register 

group automated databases. 

DATES: Effective Date: January 24, 2011. 

FOR FURTHER INFORMATION CONTACT: 

David O. Carson, General Counsel, or 

Catherine Rowland, Attorney Advisor, 

Copyright Office, GC/I&R, P.O. Box 

70400, Washington, DC 20024. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
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Telephone: (202) 707–8380. Telefax: 

(202) 707–8366. 

SUPPLEMENTARY INFORMATION: In order to 

advise the public of and align its 

regulations with its registration 

practices relating to certain kinds of 

group registrations involving 

photographic authorship, the Copyright 

Office is publishing this notice to 

establish a limited pilot program to 

allow online submission of copyright 

applications for photographs using the 

procedures for registration of (1) 

automated databases and (2) groups of 

published photographs. 

For over three years, the Copyright 

Office has offered and encouraged the 

option of submitting applications for 

copyright registration online. See 

Online Registration of Claims to 

Copyright, 72 FR 36883 (July 6, 2007). 

However, although online registration 

has been available for basic registration 

claims, it has not yet been made 

generally available for group 

registrations. While the Office has 

proposed that online registration be 

required in the future for all group 

registrations, see Registration of Claims 

to Copyright, Group Registration 

Options, 73 FR 23390, 23392 (Apr. 30, 

2008), that proposal has not yet been 

implemented because most of the group 

registration options require specialized 

applications that have not yet been 

integrated into the Office’s eCO system. 

The Copyright Office has long had in 

place provisions permitting 

photographers to register groups or 

collections of photographs. Since the 

enactment of the Copyright Act of 1976, 

the Copyright Office has permitted the 

registration of groups of unpublished 

photographs (or of any other 

unpublished works) as part of a single 

‘‘collection’’ when certain requirements 

have been met. The most significant of 

those requirements are that the 

copyright claimant in each of the works, 

and in the collection as a whole, must 

be the same and that all the works must 

have at least one common author. See 

37 CFR 202.3(b)(4)(i)(B). Similarly, for 

published works, registration as a single 

work has been permitted for ‘‘all 

copyrightable elements that are 

otherwise recognizable as self-contained 

works, that are included in a single unit 

of publication, and in which the 

copyright claimant is the same.’’ 37 CFR 

202.3(b)(4)(i)(A). 

In 2001, after an extensive rulemaking 

proceeding, the Office adopted a group 

registration procedure for published 

photographs that complemented the 

already existing unpublished collection 

procedure. See Registration of Claims to 

Copyright; Group Registration of 

Photographs, 66 FR 37142 (July 17, 

2001). The result was a new group 

registration procedure permitting 

registration of a group of published 

photographs, all taken by the same 

photographer and published within the 

same calendar year, upon submission of 

an application for registration and a 

deposit consisting of each of the images 

covered by the registration. At the same 

time, the Office liberalized its 

requirements with respect to acceptable 

formats of deposits of photographs for 

registrations of unpublished collections, 

as well as for the new group registration 

of published photographs option. See 37 

CFR 202.3(b)(10) and 202.20(c)(2)(xx). 

The 2001 regulations ensured that the 

registration record and the deposit 

would provide a sufficient record to 

inform the public of the existence and 

scope of the registered copyright claim. 

However, some groups of photographs 

have also been registered by using 

another option permitting group 

registration of automated databases. The 

group database registration option was 

first announced in 1989. See 

Registration of Claims to Copyright 

Registration and Deposit of Databases, 

54 FR 13177 (March 31, 1989). It has 

been used to register databases 

consisting predominantly of 

photographic images since at least 1997. 

See, e.g., Registration No. VA 863–785 

(Corbis Digital Online Update Group, 

from March 18–June 30, 1997) (effective 

date Nov. 6, 1997). While a published 

database would be registerable under 

the ‘‘single unit of publication’’ rule of 

§ 202.3(b)(4)(i)(A), the group database 

registration provisions permit the 

making of a single registration that 

covers up to three months’ worth of 

updates and revisions to an automated 

database when all of the updates or 

other revisions (1) are owned by the 

same copyright claimant, (2) have the 

same general title, (3) are similar in their 

general content, including their subject, 

and (4) are similar in their organization. 

37 CFR 202.3(b)(5). Using this 

provision, stock photography agencies 

have been able to obtain registrations 

covering all the photographs added to 

their databases within a three-month 

period when they have obtained 

copyright assignments from the 

photographers. 

In the coming months, the Copyright 

Office is likely to initiate a review of the 

circumstances and conditions under 

which database registrations may be 

made and the extent to which, going 

forward, such registrations should 

continue to be deemed to cover not only 

the compilation authorship (i.e., the 

authorship involved in the selection, 

coordination and arrangement of the 

data and/or works assembled in a 

database) but also any or all of the 

works assembled in the database. 

Accordingly, and in light of the 

longstanding availability of the option 

of registering unpublished collections 

and the lengthy and carefully 

considered rulemaking that established 

the procedures for group registration of 

published photographs, the Office 

prefers and urges claimants to use those 

two options when registering groups of 

photographs rather than using the 

provisions for registration of automated 

databases. 

However, at least at this point in time, 

the Office is not prepared to impose 

new limits on the availability of group 

registration for automated databases 

when the content that is registered is 

primarily photographic in nature. In 

fact, the Visual Arts Division has 

accepted some online applications for 

registration of photographic databases 

and has adopted certain practices that 

are not currently reflected in the Office’s 

regulations. The Register has concluded 

that it would be advantageous to the 

Office and applicants to conduct a pilot 

program to evaluate the conditions 

under which online registration of 

automated databases consisting 

predominantly of photographs can and 

should be made, and to clarify in the 

Office’s regulations that online 

applications may be accepted for such 

databases. 

Similarly, some applicants have 

already submitted online applications 

for registration under the Office’s 

procedure for group registration of 

published photographs in recent 

months. Although the Office had not 

announced the availability of online 

applications for group registration of 

photographs, the Visual Arts Division 

has processed some online applications 

when all the required information has 

been included. In order to reconcile this 

practice with the Office’s regulations 

and to determine what ultimately will 

be the specific requirements for online 

applications for group registration of 

published photographs, the Office is 

also offering a pilot program to assess 

online applications for group 

registration of photographs. 

Issues with Respect to Registration of 

Automated Databases Consisting 

Predominantly of Photographs 

1. Online Submission of Applications; 

Availability of the Appropriate Forms 

for Print Applications 

Currently, the Office encourages the 

initial registration of an automated 

database to be submitted electronically 

through the Office’s eCO system. 


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4074 Federal Register / Vol. 76, No. 15 / Monday, January 24, 2011 / Rules and Regulations 

1With respect to paper forms, the existing 

practice appears to have related only to Form VA, 

but in principle there is no reason why Form PA 

or Form SR should not be used to register a 

database when the authorship consists 

predominantly of works of the performing arts or 

sound recordings, respectively. 

However, the Office generally has not 

allowed group registrations, including 

group registrations of automated 

databases, to be submitted through the 

eCO system because eCO is not yet set 

up to take in the information required 

on the specialized application forms for 

many of the Office’s group registration 

options. With respect to group 

registration of automated databases, the 

Office’s existing regulation provides that 

‘‘[a]n application for group registration 

of automated databases under section 

408(c)(1) of title 17 and this subsection 

shall consist of * * * [a] Form TX’’ 

along with the filing fee and deposit. 37 

CFR 202.3(b)(5)(ii)(A). Form TX is a 

paper application 

Other information provided by the 

Copyright Office relating to group 

database registrations also appears to be 

inconsistent with the acceptance of 

online applications. Until very recently, 

Circular 65, Copyright Registration for 

Automated Databases, stated: ‘‘Group 

registrations cannot be submitted 

through eCO or fill-in Form CO. Instead, 

the Form TX must be completed and 

mailed to the Copyright Office with the 

appropriate fee and deposit.’’ See 

Copyright Office, Circular 65, Copyright 

Registration for Automated Databases 3 

(2009) (currently undergoing revision). 

See also Copyright Office Form Letter 

110, Group Registration for Automated 

Databases (Revised: 27–Jun–2008), 

available at http://www.copyright.gov/ 

fls/fl110.html. 

Unlike most of the other group 

registration options, group registration 

for automated databases does not 

require a special group form. As noted 

above, traditionally such registrations 

have been made using Form TX, the 

paper form used for all published and 

unpublished nondramatic literary 

works. The Copyright Office’s online 

registration system, eCO, currently is 

capable of handling applications for 

group registration of automated 

databases. However questions remain 

about the capacity of the system to 

accommodate applications listing very 

large numbers of authors or titles, and 

large or complex electronic transfers of 

deposits may encounter issues related to 

file size or transmission speed. 

Moreover, although the provisions for 

group registration of automated 

databases traditionally have been used 

primarily for registrations of databases 

consisting either of literary works or of 

data, the Office has also, for over a 

decade, accepted applications for group 

registration of automated databases 

when the works collected in a database 

have consisted predominantly of 

photographic authorship. Such 

applications have been made using 

Form VA, the paper form used for works 

of the visual arts. 

Thus, to the extent that the existing 

regulation on group registration of 

automated databases requires the use of 

Form TX, it is inconsistent with existing 

practice in two respects: (1) Some 

applications have been made online 

using eCO, rather than using a paper 

form, and (2) even when a paper form 

is used, a form other than Form TX may 

be used depending on the subject matter 

of the works included in the database. 

In order to reconcile the regulatory 

text with current practice, the Office is 

amending its regulations governing 

group registration of automated 

databases to clarify that, rather than 

being required to use Form TX, an 

applicant should use the form that best 

reflects the subject matter of the works 

included in the database.1 For example, 

when the works in a database consist 

predominantly of photographs, the print 

application should be made by 

submitting Form VA rather than Form 

TX. Moreover, the Office is formally 

announcing its pilot program allowing 

applicants to file online applications for 

automated databases consisting 

predominantly of photographs. Before 

filing such an online application, 

however, the applicant must first 

contact the Office’s Visual Arts Division 

at 202–707–8202 to coordinate the filing 

and to obtain proper guidance 

concerning the information to be 

included in the application. Applicants 

will only be allowed to file online 

applications for automated databases 

consisting predominantly of 

photographs after obtaining 

authorization from the Visual Arts 

Division and following the Division’s 

instructions. In order to utilize the 

online registration system’s capacity to 

accept more information in an 

application covering a large number of 

works and thereby to create a clearer, 

more comprehensive public record, and 

in order to adapt to lessons learned as 

such applications are examined and 

processed, the Visual Arts Division will 

permit participation in the pilot 

program only by applicants who can 

utilize the online registration system 

consistent with those goals. For now, 

the online registration option for group 

database registrations will be limited to 

photographic databases. 

2. Deposit Requirements 

A significant respect in which the 

provisions governing registration of 

automated databases differ from the 

other provisions for registration of 

photographs discussed above lies in the 

relaxed deposit requirements for 

databases embodied in machinereadable copies (other than in a CD– 

ROM format). Section 

202.20(c)(2)(vii)(D)(5) of the Copyright 

Office regulations provides that for 

group database registrations (as well as 

single database applications), the 

application need not be accompanied by 

a deposit of the entire work, but instead 

may be accompanied by identifying 

material consisting of fifty 

representative pages or data records 

marked to show the new material added 

on one representative day, along with 

some additional identifying 

information. As a result, the deposit 

accompanying a database registration 

application can consist of a fraction of 

the copyrightable material that is 

covered by the registration. 

This is in stark contrast to the deposit 

requirements for registration of 

unpublished collections, for group 

registrations of published photographs, 

and for most other forms of copyright 

registration. Section 202.3(b)(10)(x), 

which governs the deposit for a group 

registration of photographs, provides 

that the deposit shall consist of ‘‘one 

copy of each photograph [to] be 

submitted in one of the formats set forth 

in Sec. 202.20(c)(2)(xx).’’ See also 

§ 202.20(c)(1)(i) (‘‘in the case of 

unpublished works, [the deposit shall 

consist of] one complete copy or 

phonorecord,’’ a provision that applies 

to registrations of unpublished 

collections as well as individual 

unpublished works). Section 

202.20(c)(2)(xx) provides for a number 

of options with respect to the formats in 

which photographs may be submitted. 

The Copyright Office believes that 

when registration is made for a database 

consisting predominantly of 

photographs and the copyright claim 

extends to the individual photographs 

themselves, each of those photographs 

should be included as part of the 

deposit accompanying the application. 

As the Office said when it announced 

its regulations on group registration of 

published photographs: 

[T]he Office rejects the plea of at least one 

commenter to permit the use of descriptive 

identifying material in lieu of the actual 

images. Although the Office had previously 

expressed a willingness to consider such a 

proposal, the most recent notice of proposed 

rulemaking noted that ‘the Office is reluctant 

to implement a procedure that would permit 

the acceptance of deposits that do not 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 15 / Monday, January 24, 2011 / Rules and Regulations 4075 

meaningfully reveal the work for which 

copyright protection is claimed.’ 65 FR at 

26164. Deposit of the work being registered 

is one of the fundamental requirements of 

copyright registration, and it serves an 

important purpose. As the legislative history 

of the Copyright Act of 1976 recognizes, 

copies of registration deposits may be needed 

for identification of the copyrighted work in 

connection with litigation or for other 

purposes. See H.R. Rep. No. 94–1476, at 171 

(1976). See also Seiler v. Lucasfilm, Inc., 808 

F.2d 1316, 1322 (9th Cir. 1986) (noting that 

‘possibilities for fraud would be limitless’ if 

reconstructions of claimant’s original work 

could be submitted as registration deposits); 

Tradescape.com v. Shiraram, 77 F.Supp.2d 

408, 413–14 (S.D.N.Y. 1999) (noting that 

when deposit of redacted version of 

computer program is permitted, the result in 

infringement litigation is uncertainty as to 

whether allegedly infringed code actually is 

the subject of an existing registration). The 

ability of litigants to obtain a certified copy 

of a registered work that was deposited with 

the Office prior to the existence of the 

controversy that led to a lawsuit serves an 

important evidentiary purpose in 

establishing the identify and content of the 

plaintiff’s work. 

Registration of Claims to Copyright, 

Group Registration of Photographs, 66 

FR 37142, 37147 (July 17, 2001). 

Moreover, the actual practice with 

respect to online registrations of 

predominantly photographic databases 

has in fact been to include all of the 

photographs in the deposit. In order to 

conform to actual practice and the 

Office’s determination of what a 

reasonable deposit requirement should 

include, the Office is amending its 

regulations to provide that when an 

online application is made for 

registration of an automated database 

consisting predominantly of 

photographs, the deposit shall include 

all of the photographs claimed to be part 

of the registration. Identifying material 

will not constitute a sufficient deposit. 

As noted above, this conforms with 

what has in fact already been the 

general practice with respect to online 

applications. The Office is separately 

publishing a notice of proposed 

rulemaking that would impose a similar 

requirement with respect to paper 

applications for registration of 

photographic databases. 

The requirement that all photographs 

covered by a registration are to be 

included as part of the deposit is in 

addition to the existing deposit 

requirements for identifying material set 

forth in section 202.20(c)(2)(vii)(D). 

Because of issues regarding 

limitations on the size of deposits that 

may be submitted online, applicants for 

group registrations of photographic 

databases must confer with the Visual 

Arts Division with respect to each 

application to determine whether to 

submit their deposits electronically, or 

whether to submit the deposits by mail 

using one of the approved formats set 

forth in 37 CFR 202(c)(2)(xx). 

Issues with Respect to Group 

Registration of Published Photographs 

As with group database registrations, 

up to now the Office has not formally 

announced that online registration is 

available for group registration of 

published photographs. However, a 

number of claimants have submitted 

applications for group registration of 

published photographs through eCO 

and the Visual Arts Division has in 

some cases processed those claims. 

Because experience has shown that 

the requirements for group registration 

of published photographs can be 

satisfied by means of online 

applications, the Office has decided that 

it will undertake a pilot program to 

assess the online application process for 

these applications. This will enable the 

Office to determine whether the eCO 

system can successfully handle different 

applications for group registration of 

published photographs. Therefore, 

applicants wishing to obtain group 

registrations for published photographs 

will be allowed to apply for registration 

online during the pilot program. As 

with group registrations of photographic 

databases, before filing such an online 

application, the applicant must first 

contact the Office’s Visual Arts Division 

at 202–707–8202 to coordinate the filing 

and to obtain guidance concerning the 

information to be included in the 

application. Applicants will only be 

allowed to file such online applications 

after obtaining authorization from the 

Visual Arts Division and following the 

Division’s instructions. Additionally, 

applicants must confer with the Visual 

Arts Division with respect to each 

application in order to determine 

whether their deposits may be 

submitted electronically due to 

potential limitations on the size of 

electronically submitted deposits. 

Technical Correction 

The Office is also amending Section 

202.20(c)(2)(xx) to correct three crossreferences to other regulations. 

Adoption of Interim Regulations 

Section 553(b)(3)(A) of the 

Administrative Procedure Act states that 

general notice of proposed rulemaking 

is not required for rules of agency 

organization, procedure, or practice. 

Since the Office finds that the following 

interim regulations are rules of agency 

organization, procedure, or practice, no 

notice of proposed rulemaking is 

required. Additionally, the interim 

regulations are consistent with the 

Office’s existing practices and relieve 

applicants from procedural restrictions. 

Pursuant to section 553(d) of the 

Administrative Procedure Act, these 

regulations may be effective 

immediately. Moreover, the Register 

finds that because these regulations 

provide additional options to applicants 

for registration of automated databases 

and for group registration of published 

photographs, good cause exists for 

making these interim rules effective 

immediately and without notice and 

comment. As the pilot program for 

online registration of these groups 

proceeds, the Office will learn from its 

experience and develop proposals for 

more comprehensive final regulations. 

List of Subjects in 37 CFR Part 202 

Copyright. 

Interim Regulation 

For the reasons set forth in the 

preamble, part 202 of Title 37 of the 

Code of Federal Regulations is amended 

to read as follows: 

PART 202—PREREGISTRATION 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 § 202.3as follows: 

■ a. By revising paragraph (b)(5)(ii)(A); 

and 

■ b. By adding new paragraph 

(b)(10)(xi). 

The revisions and additions to § 202.3 

read as follows: 

§ 202.3 Registration of copyright. 

* * * * * 

(b) * * * 

(5) * * * 

(ii) * * * 

(A) A form that best reflects the 

subject matter of the material in the 

database as set forth in paragraph (b)(2) 

of this section, completed in accordance 

with the basic instructions on the form 

and the Special Instructions for Group 

Registration of an Automated Database 

and its Updates or Revisions, except 

that in the case of an application for 

group registration of an automated 

database consisting predominantly of 

photographs, after consultation and 

with the permission and under the 

direction of the Visual Arts Division, the 

application may be submitted 

electronically. 

* * * * * 

(10) * * * 


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4076 Federal Register / Vol. 76, No. 15 / Monday, January 24, 2011 / Rules and Regulations 

(xi) Instead of using Form VA, an 

applicant may submit an electronic 

application for group registration of 

published photographs after 

consultation and with the permission 

and under the direction of the Visual 

Arts Division. 

* * * * * 

■ 3. Amend § 202.20 as follows: 

■ a. By amending (c)(2)(vii)(D)(5) to add 

‘‘or in the case of electronically 

submitted applications for automated 

databases that predominantly consist of 

photographs, the claimant shall deposit 

identifying portions that comply with 

(D)(8) of this section; the claimant shall’’ 

after ‘‘if unpublished,’’ and deleting ‘‘and 

shall’’ before ‘‘also deposit’’; 

■ b. By adding new paragraph 

(c)(2)(vii)(D)(8); 

■ c. By amending the introductory text 

in paragraph (c)(2)(xx) to add ‘‘and for 

automated databases that consist 

predominantly of photographs 

registered with an application submitted 

electronically under § 202.3(b)(5)(ii)(A)’’ 

after ‘‘(group registration of published 

photographs)’’, by removing 

‘‘202.3(b)(3)(i)(B)’’ and adding 

‘‘202.3(b)(4)(i)(B)’’ in its place; and by 

removing ‘‘202.3(b)(9)’’ and adding 

‘‘202.3(b)(10)’’ in its place; and 

■ d. By amending paragraph 

(c)(2)(xx)(F) to add ‘‘or database’’ after 

‘‘included in the group’’ and to remove 

‘‘202.3(b)(9)’’ and add ‘‘202.3(b)(10)’’ in 

its place. 

The revisions and additions to 

§ 202.20 read as follows: 

§ 202.20 Deposit of copies and 

phonorecords for copyright registration. 

* * * * * 

(c) * * * 

(2) * * * 

(vii) * * * 

(D) * * * 

(8) In the case of an application 

submitted electronically for registration 

of a database that consists 

predominantly of photographs 

(including a group registration for 

revised or updated versions of such a 

database), ‘‘identifying portions’’ shall 

instead consist of all individual 

photographs included in the claim 

either in one of the formats set forth in 

paragraph (c)(2)(xx) of this section or in 

an electronic format submitted along 

with the electronic application after 

consultation and with the permission 

and under the direction of the Visual 

Arts Division. 

* * * * * 

Dated: December 30, 2010. 

Marybeth Peters, 

Register of Copyrights. 

Approved by: 

James H. Billington, 

The Librarian of Congress. 

[FR Doc. 2011–1332 Filed 1–21–11; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2010–0176; FRL–9248–6] 

Approval and Promulgation of 

Implementation Plan and Operating 

Permits Program; State of Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to 

Missouri’s State Implementation Plan 

(SIP) and Operating Permits Program. 

EPA is approving the rescission of 

initial compliance dates in the Missouri 

SIP. These requirements were 

established more than thirty years ago 

and are obsolete. EPA is also approving 

revisions to the Operating Permits 

Program to change the reporting 

threshold for small sources and remove 

references to the requirement to 

annually set the emission fee. Approval 

of these revisions will ensure 

consistency between the State and the 

Federally-approved rules. 

DATES: This direct final rule will be 

effective March 25, 2011, without 

further notice, unless EPA receives 

adverse comment by February 23, 2011. 

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–R07– 

OAR–2010–0176, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. E-mail: 

wolfersberger.chris@epa.gov. 

3. Mail or Hand Delivery: Chrissy 

Wolfersberger, Environmental 

Protection Agency, Air Planning and 

Development Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2010– 

0176. 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 through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. 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. 

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, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Chrissy Wolfersberger at (913) 551– 

7864, or by e-mail at 

wolfersberger.chris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ or 

‘‘our’’ refer to EPA. This section provides 


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