40780 Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules

FOR FURTHER INFORMATION CONTACT:

Peter Djinis, Associate Director, and

Charles Klingman, Financial Institutions

Policy Specialist, FinCEN, at (703) 905–

3920; Stephen R. Kroll, Legal Counsel,

Joseph M. Myers, Deputy Legal Counsel,

Cynthia L. Clark, on detail to the Office

of Legal Counsel, Albert R. Zarate,

Attorney-Advisor, and Eileen P. Dolan,

Legal Assistant, Office of Legal Counsel,

FinCEN, at (703) 905–3590.

SUPPLEMENTARY INFORMATION: On May

21, 1997, FinCEN issued three proposed

regulations relating to the treatment of

money services businesses under the

Bank Secrecy Act. The first proposed

regulation (62 FR 27890) would define

money services businesses and require

the businesses to register with the

Department of the Treasury and to

maintain a current list of their agents.

The second proposed regulation (62 FR

27900) would require money

transmitters, and issuers, sellers, and

redeemers, of money orders and

traveler’s checks, to report suspicious

transactions involving at least $500 in

funds or other assets. The third

proposed regulation (62 FR 27909)

would require money transmitters and

their agents to report and retain records

of transactions in currency or monetary

instruments of at least $750 in

connection with the transmission or

other transfer of funds to any person

outside the United States, and to verify

the identity of senders of such

transmissions or transfers.

FinCEN is announcing today the

extension of the comment period, from

August 19, 1997 to September 30, 1997,

for all three of these proposed

regulations. FinCEN wishes to give all

persons interested in commenting on

the regulations adequate time to do so.

On July 8, 1997 (62 FR 36475), July

18, 1997 (62 FR 38511), and elsewhere

in today’s Federal Register, FinCEN

announced that it would hold four open

working meetings to give interested

persons the opportunity to discuss with

FinCEN officials issues arising under

the proposed regulations. The last of

these meetings is scheduled for August

15, 1997, four days before the original

date of the expiration of the comment

period.

In addition, FinCEN has distributed,

and will soon make available on its

website, (i) copies of a report on money

services businesses prepared for it by

Coopers & Lybrand (and referred to in

the documents containing the proposed

regulations), and (ii) draft copies of the

forms that will be used to implement

the proposed regulations. The address of

FinCEN’s website is ‘‘http://

www.ustreas.gov/treasury/ bureaus/

fincen’’.

FinCEN believes that the extension

will, inter alia, provide adequate time

for the results of the open meetings and

review of the additional relevant

material that it is distributing, to be

reflected in the written comments on

the three proposed regulations.

Dated: July 24, 1997.

Eileen P. Dolan,

Federal Register Liaison Officer, Financial

Crimes Enforcement Network.

[FR Doc. 97–19986 Filed 7–29–97; 8:45 am]

BILLING CODE 4820–03–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 97–5]

Copyright Restoration of Works in

Accordance With the Uruguay Round

Agreements Act; Corrections

Procedure

AGENCY: Copyright Office, Library of

Congress.

ACTION: Proposed rule.

SUMMARY: This document is issued to

advise the public that the Copyright

Office is proposing a new regulation to

govern the filing of Correction Notices

of Intent to Enforce a Restored

Copyright [Correction NIEs] under

section 104A of the copyright law, as

amended pursuant to the Uruguay

Round Agreements Act. The effect of the

proposed regulation is to establish

procedures for the correction of errors in

previously filed Notices of Intent to

Enforce a Restored Copyright and to

provide a suggested format for

submitting such information.

DATES: Comments must be received by

August 29, 1997.

ADDRESS: If delivered by hand, an

original and ten (10) copies of

comments should be delivered to:

Library of Congress, Office of the

General Counsel, Copyright Office,

James Madison Memorial Building,

Room LM–403, First and Independence

Avenue, SE, Washington, DC 20540. If

sent by mail, an original and ten (10)

copies of comments should be

addressed to: Nanette Petruzzelli,

Acting General Counsel, Copyright GC/

I&R, PO Box 70400, Southwest Station,

Washington, DC 20024.

FOR FURTHER INFORMATION CONTACT:

Nanette Petruzzelli, Acting General

Counsel, or Charlotte Douglass,

Principal Legal Advisor to the General

Counsel, Copyright GC/I&R, PO Box

70400, Southwest Station, Washington,

DC 20024. Telephone: (202) 707–8380.

Telefax: (202) 707–8366.

SUPPLEMENTARY INFORMATION:

I. Background

The Copyright Office has promulgated

final regulations that provide for filing

Notices of Intent to Enforce a Restored

Copyright (NIEs) with the Office. 60 FR

50414 (Sept. 29, 1995). These

regulations include brief procedures for

correcting errors made in recorded NIEs;

however, more detailed instructions for

correcting NIEs have been requested.

The Office is now proposing more

detailed procedures.

Corrections are provided for by law

and by Copyright Office regulation. The

Uruguay Round Agreements Act

(URAA) states that:

Minor errors or omissions may be corrected

by further notice at any time after the notice

of intent is filed. Notices of corrections for

such minor errors or omissions shall be

accepted after the period established in

subsection (d)(2)(A)(i) * * * [and] shall be

published in the Federal Register * * * .

17 U.S.C. 104A(e)(1)(A)(iii). In its Sept.

29, 1995, regulation, the Copyright

Office referenced this provision in the

law that allows correction of minor

errors:

The URAA allows a party who has filed an

NIE with the Copyright Office to correct

minor errors or omissions by further notice

at any time after the NIE is filed. The

procedures and fees are the same for filing an

NIE which corrects a previously filed NIE,

except that the party making the correction

should refer to the previous NIE’s volume

and page number in the Copyright Office

Documents Records, if known, on the

corrected NIE.

60 FR 50414 (1995).

II. Procedures for Correcting Notices of

Intent To Enforce

A. Who May File a Correction Notice of

Intent To Enforce (Correction NIE)

Correction NIEs may be filed by or on

behalf of the same copyright owner or

rightholder who filed the original NIE.

The ‘‘same copyright owner’’ includes

successors in interest.

A certification by a third party is not

sufficient to authorize a correction of an

earlier NIE recorded in the name of

another party/copyright owner, unless

that third party is also the authorized

agent of the copyright owner in whose

name the original NIE was recorded. An

authorized agent may file a Correction

NIE whether or not that agent filed the

original NIE.
Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40781

B. Definition of Major and Minor Error

The Copyright Office has received a

number of questions about the

appropriate procedure to correct NIE

errors—some of which errors may be

deemed as major. In responding to these

inquiries, the Office had to consider the

proper timeframe for making corrections

to NIEs and concludes that major errors,

not defined or referenced within the

statutory provisions, may be corrected

only within the two-year period of

eligibility for initially filing NIEs. Minor

errors may be corrected at any time

under the URAA provisions. (17 U.S.C.

104A(e), as amended.)

The Office has determined that major

errors are errors concerning the

following NIE statutory requirements:

The name of the copyright owner or

rightholder; the title of the work (as

opposed to its translation, if any); and

a written agency relationship, if

applicable. The Office considers these

items of information to be basic

identifiers crucial to the effectiveness of

adequately informing the public of the

existence of a particular work which is

subject to a Notice of Intent to Enforce.

The title of a work and the identity of

the rights owner in the work, including

information regarding an agent of the

rights owner, must be present in the

Copyright Office NIE records in order

for the NIE filer to meet the

requirements of the statute and to allow

the public through a reasonable search

to locate the essential information

within Office NIE records about a given

work restored to copyright under the

URAA. Where the original NIE did not

adequately identify the owner of the

restored work or the title of the restored

work or an agency relationship, the

Office will refuse to record a Correction

NIE that is submitted after the two-year

period following a work’s restoration to

copyright protection.

Adequate identification of a restored

work means that accurate and sufficient

information concerning the three

statutorily required items of owner

identity, title, and agency relationship,

if any, is present in the original NIE.

The necessary accuracy and sufficiency

of information for the original NIE

includes, but is not limited to,

completeness of the information,

accurate spelling of names and titles,

and correct sequencing of wording

within names and titles so that a

reasonable search of the NIE records

will reveal the work in question. The

following are examples where original

NIEs contain information which would

not result in a reasonable search

revealing the actual, correct title or

owner identity for the restored work:

Title in original NIE: Robert Meets the Green

Rabbit Again

Title in Correction NIE: Here We Go AgainThe Green Rabbit and Robert

Title in original NIE: Now Are the Times

That Try Men’s Souls

Title in Correction NIE: Trying Times for

Mankind

Owner in original NIE: Kathy and Lori Film

Production, Inc.

Owner in Correction NIE: Kathy Lorenzo and

Lori Lorenzo

Where the two-year period has

expired and where there is doubt as to

whether an error is major or minor, i.e.,

whether the error is such that it would

fail to inform the public doing a

reasonable search of the Copyright

Office records of the existence of a work

that is subject to a Notice of Intent to

Enforce, the Office will correspond with

the filer concerning the doubt and, if

appropriate, may resolve the doubt in

favor of the filer and record the

Correction NIE .

Because the regulations of the

Copyright Office allow the recordation

of any document pertaining to a

copyright, in instances where the Office

refuses the recordation of a Correction

NIE because the two-year period of

eligibility for initial filing of an NIE has

passed, a party may record any

document including one concerning

rights restored under the URAA for a

given work but may not designate the

document on its face to be a Notice of

Intent to Enforce or a Correction Notice

of Intent to Enforce. See 37 CFR 201.4

for Copyright Office regulations on

recordation of transfers and other

documents. All documents, including

NIEs and Correction NIEs, submitted for

recordation with the Office are found

within the same bibliographic database

and a reasonable search by title or

owner should reveal all recordations

filed with the Offices concerning the

same title or owner identity.

C. Multiple NIEs for the Same Work and

Correction Cross-References

When rights in a restored work are

owned by several different parties,

multiple NIEs for the same work may

have been submitted. For example, one

person may own the exclusive right of

reproduction and public distribution

and another the exclusive right of public

performance. When a work has multiple

rights owners, each owner must file a

separate NIE subject to the requirements

for initial filing within two years of

eligibility. In the instance of multiple

owners of rights in a single work, if a

party is acting on behalf of an earlier

owner of record in an NIE and

purporting to correct that earlier NIE,

the Office points out that only the NIE

record in the name of that particular

earlier owner will be cross-referenced.

Nevertheless, all NIE records for a given

title will be easily retrievable as a group;

if the works as recorded bear the same

title, the NIE records would appear

together in any title search of online

records.

D. Cancellations and Withdrawals

The Office will not cancel a

recordation of an NIE unless the

recordation fee is uncollectible. While

the recordation of NIEs may not, with

the exception of an uncollectible fee, be

canceled (i.e., expunged from the

record), a request to record an NIE may

be withdrawn if the request to withdraw

is received before the record of the NIE

has been made available to the public

through the Internet. In order to

withdraw an NIE, the filer must contact

the Documents Unit of the Copyright

Office before the online record

(Copyright Office Publication and

Interactive Cataloging System (COPICS))

has been made publicly available.

E. Fees

The fee for a correction is the same as

that for an initial NIE: for one work, the

fee is thirty U.S. Dollars; for multiple

works that meet the conditions for being

filed on the same NIE, the fee is thirty

U.S. Dollars for the first work, plus one

dollar for each additional work. For NIE

filings, including corrections, see 37

CFR 201.33(e) for fee information.

The filing fee partially reimburses the

Office for its processing costs and the

Office does not refund fees for errors

made by filers in NIEs.

F. Designation for a Correction Notice of

Intent To Enforce

A Correction NIE must be clearly

indicated as such, i.e., the document

filed should bear the title ‘‘Correction

Notice of Intent To Enforce,’’ or

‘‘Correction NIE.’’ It must also specify

the volume and document number for

the recordation of the original NIE. This

will enable the Office to record the

correction with the appropriate crossreference to the volume and document

number of the original NIE.

G. Format Information for Correction

NIEs

The suggested format for filing

Correction NIEs generally follows the

outline of the suggested format for the

original filing. This is included as

Appendix A below.

The format will be made available

over the Internet from where it can be

downloaded for use. Where a party

wishes to correct in the same filing NIEs

for many titles, he or she can adapt the

suggested format to allow more space
40782 Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules

for titles. Use of the format enables the

filer to furnish information prescribed

by the original NIE regulation in orderly

form.

When information [either required or

optional] has been correctly given on

the original NIE, the Correction NIE

need not repeat that information. Filers

should include information in the

Correction NIE, however, that was

omitted from the previous NIE and

which will help identify the restored

work(s) involved.

Correction NIEs must be in English,

except for the original title, and either

typed or printed by hand legibly in

dark, preferably black, ink. They should

be on 81⁄2′′ by 11′′ white paper of good

quality, with at least a 1′′ (or 3 cm)

margin.

List of Subjects in 37 CFR Part 201

Copyright, Restoration of copyright.

Proposed Regulation

In consideration of the foregoing, the

Copyright Office proposes to amend 37

CFR part 201 in the manner set forth

below:

PART 201—GENERAL PROVISIONS

1. The authority citation for part 201

is revised to read as follows:

Authority: 17 U.S.C. 702.

2. A new section 201.34 is added to

read as follows:

§ 201.34 Procedures for filing Correction

Notices of Intent to Enforce a Copyright

Restored under the Uruguay Round

Agreements Act.

(a) General. This section prescribes

the procedures for submission of

corrections of Notices of Intent to

Enforce a Copyright Restored under the

Uruguay Round Agreements Act of

December 8, 1994, as required by 17

U.S.C. 104A(e), as amended by Public

Law 103–465, 108 Stat. 4809, 4976

(1994).

(b) Definitions. For purposes of this

section, the following definitions apply.

(1) Major error. A major error in filing

a Notice of Intent to Enforce a Copyright

Restored under the Uruguay Round

Agreements Act is an error in the name

of the copyright owner or rightholder, in

the title of the work (as opposed to its

translation, if any) or concerning the

written agency relationship where such

error fails to adequately identify the

restored work through a reasonable

search of the Copyright Office NIE

records.

(2) Minor error. A minor error in filing

a Notice of Intent to Enforce a Copyright

Restored under the Uruguay Round

Agreements Act is any error that is not

a major error.

(3) Restored work. For the definition

of works restored under the URAA, see

37 CFR 201.33.

(c) Forms. The Copyright Office does

not provide forms for Correction Notices

of Intent to Enforce filed with the

Copyright Office. It requests that filers

of such Correction NIEs follow the

format set out in Appendix A of this

section and give all information listed in

paragraph (d) of this section. Correction

NIEs must be in English, and should be

typed or legibly printed by hand in

dark, preferably black ink, on 8 1⁄2′′ by

11′′ white paper of good quality with at

least a 1′′ (or three cm) margin.

(d) Requirements for Correction

Notice of Intent to Enforce a Copyright

Restored under the Uruguay Round

Agreements Act. (1) A correction for a

Notice of Intent to Enforce should be

clearly designated as a ‘‘Correction

Notice of Intent to Enforce’’ or

‘‘Correction NIE.’’

(2) Correction Notices of Intent to

Enforce should be sent to the following

address: URAA/GATT, NIEs and

Registrations, PO Box 70400, Southwest

Station, Washington, DC 20024, USA.

(3) A Correction NIE shall contain the

following information:

(i) The volume and document number

of the previous Notice of Intent to

Enforce [NIE] which is to be corrected;

(ii) The title of the work as it appears

on the previous NIE, including

alternative titles, if they appear;

(iii) The English translation of the

title, if any, as it appears on the

previous NIE;

(iv) A statement of the erroneous

information as it appears on the

previous NIE;

(v) A statement of the correct

information as it should have appeared

and an optional explanation of its

correction; or

(vi) A statement of the information to

be added. This includes optional

information such as:

(A) Type of work;

(B) Rights owned by the party on

whose behalf the Correction Notice is

filed;

(C) Name of author;

(D) Source country;

(E) Year of publication;

(F) Alternative titles;

(G) An optional explanation of the

added information.

(vii) The name and address:

(A) To which correspondence

concerning the document should be

sent; and

(B) To which the acknowledgment of

the recordation of the Correction NIE

should be mailed; and

(viii) A certification. The certification

shall consist of:

(A) A statement that, for each of the

works named above, the person signing

the Correction NIE is the copyright

owner, or the owner of an exclusive

right, or the owner’s authorized agent,

and that the information is correct to the

best of that person’s knowledge;

(B) The typed or printed name of the

person whose signature appears;

(C) The signature and date of

signature; and

(D) The telephone and telefax number

at which owner, rightholder, or agent

thereof can be reached.

(4) A Correction NIE may cover

multiple works in multiple NIE

documents for one fee provided that:

each work is identified by title; all the

works are by the same author; all the

works are owned by the same copyright

owner or owner of an exclusive right. In

the case of Correction NIEs, the notice

must separately designate each title to

be corrected, noting the incorrect

information as it appeared on the

previously filed NIE, as well as the

corrected information. A single notice

covering multiple titles need bear only

a single certification.

(5) Copies, phonorecords or

supporting documents cannot be made

part of the record of a Correction NIE

and should not be submitted with the

document.

(6) Time for Submitting Correction

NIEs.

(i) Major errors. The Copyright Office

will accept a Correction NIE for a major

error concerning a restored work during

the 24-month period beginning on the

date of restoration of the work, as

provided for original NIEs in Section

104A(d)(2)(A) of title 17.

(ii) Minor errors. The Office will

accept a Correction NIE for a minor

error or omission concerning a restored

work at any time after the original NIE

has been filed, as provided in Section

104A(e)(1)(A)(iii) of title 17.

(e) Fee—(1) Amount. The filing fee for

recording Correction NIEs is 30 U.S.

dollars for each Correction Notice

covering one work. For single

Correction NIEs covering multiple

works, that is, for works by the same

author and owned by the same

copyright owner or owner of an

exclusive right, the fee is 30 U.S.

dollars, plus one dollar for each

additional work covered beyond the

first designated work.

(2) Method of Payment. See 37 CFR

201.33(e)(1)(2).

(f) Public online access. Information

contained in the Correction Notice of

Intent to Enforce is available online in

the Copyright Office History Documents

(COHD) file through the Library of

Congress electronic information system,
Federal Register / Vol. 62, No. 146 / Wednesday, July 30, 1997 / Proposed Rules 40783

available through the Internet. This file

is available from computer terminals

located in the Copyright Office itself or

from terminals located in other parts of

the Library of Congress through the

Library of Congress Information System

(LOCIS). Alternative ways to connect

through Internet are the World Wide

Web (WWW), using the Copyright Office

Home Page at: http:/www.loc.gov/

copyright; directly to LOCIS through the

telnet address at locis.loc.gov; or the

Library of Congress through gopher LC

MARVEL and WWW which are

available 24 hours a day. LOCIS is

available 24 hours a day, Monday

through Friday. For the purpose of

researching the full Office record of

Correction NIEs on the Internet, the

Office has made online searching

instructions accessible through the

Copyright Office Home Page.

Researchers can access them through

the Library of Congress Home Page on

the World Wide Web by selecting the

copyright link. Select the menu item

‘‘Copyright Office Records’’ and/or

‘‘URAA, GATT Amends U.S. law.’’

Images of the complete Correction NIEs

as filed will be stored on optical disk

and will be available from the Copyright

Office.

Appendix A to § 201.34—Correction Notice

of Intent to Enforce

CORRECTION OF NOTICE OF INTENT TO

ENFORCE

1. Name of Copyright Owner (or owner of

exclusive right) [If this correction notice

is to cover multiple works, the author

and the rights owner must be the same

for all works covered by the notice]

lllllllllllllllllllll

2. Title(s) (or brief description)

(a) Work No. 1— llllllllll

Volume and Document Number:

llllllllll

English Translation: llllllllll

(b) Work No. 2 (if applicable)—

llllllllll

Volume and Document Number:

llllllllll

English Translation: llllllllll

(c) Work No. 3 (if applicable)—

llllllllll

Volume and Document Number:

llllllllll

English Translation: llllllllll

(d) Work No. 4 (if applicable)—

llllllllll

Volume and Document Number:

llllllllll

English Translation: llllllllll

3. Statement of incorrect information on earlier NIE: llllllllllllllll

4. Statement of correct (or previously

omitted) information

llllllllll

Give the following only if incorrect or

omitted on earlier NIE:

(a) Type of work llllllllll

(b) Rights owned llllllllll

(c) Name of author (of entire work)

llllllllll

(d) Source Country llllllllll

(e) Year of Publication (Approximate if

precise year is unknown)

llllllllll

(f) Alternative titles llllllllll

5. Explanation of error llllllllll

6. Certification and Signature: I hereby certify

that for each of the work(s) listed above,

I am the copyright owner, or the owner

of an exclusive right, or the owner’s

authorized agent, the agency relationship

having been constituted in a writing

signed by the owner before the filing of

this notice, and that the information

given herein is true and correct to the

best of my knowledge.

Name and Address (typed or printed): lll

Telephone/Fax: lllllllllllll

As agent for: llllllllllllll

Date and Signature: lllllllllll

Dated: July 22, 1997.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 97–19903 Filed 7–29–97; 8:45 am]

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[TN–171–01–9764b; FRL–5864–1]

Approval and Promulgation of Air

Quality Implementation Plans,

Tennessee; Approval of Revisions to

the Tennessee SIP Regarding

Emission Standards and Monitoring

Requirements for Additional Control

Areas

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

revisions to the Tennessee State

Implementation Plan (SIP) regarding

emission standards and monitoring

requirements for additional control

areas. In the final rules section of this

Federal Register, the EPA is approving

the State’s SIP revision as a direct final

rule without prior proposal because the

Agency views this as a noncontroversial

revision amendment and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to this proposed

rule, no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: To be considered, comments

must be received by August 29, 1997.

ADDRESSES: Written comments on this

action should be addressed to Karen

Borel, at the EPA Regional Office listed

below. Copies of the documents relative

to this action are available for public

inspection during normal business

hours at the following locations. The

interested persons wanting to examine

these documents should make an

appointment with the appropriate office

at least 24 hours before the visiting day.

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection

Agency, 401 M Street, SW,

Washington, DC 20460.

Environmental Protection Agency,

Region 4 Air Planning Branch, 61

Forsyth Street, SW, Atlanta, Georgia

30303.

Tennessee Department of Environment

and Conservation, Division of Air

Pollution Control, 9th Floor L & C

Annex, 401 Church Street, Nashville,

Tennessee 37243–1531.

FOR FURTHER INFORMATION CONTACT:

Interested persons wanting to examine

documents relative to this action should

make an appointment with the Region 4

Air Programs Branch at least 24 hours

before the visiting day. To schedule the

appointment or to request additional

information, contact Karen Borel,

Regulatory Planning and Development

Section, Air Planning Branch, Air,

Pesticides & Toxics Management

Division, Region 4 EPA, 61 Forsyth

Street, SW, Atlanta, Georgia 30303. The

telephone number is 404/562–9029.

Reference file TN171–01–9764.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: July 9, 1997

Michael V. Peyton,

Acting Regional Administrator.

[FR Doc. 97–20057 Filed 7–29–97; 8:45 am]

BILLING CODE 6560–50–P