55740 Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / Rules and Regulations

(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 the 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,

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—lll

Volume and Document Number: lll

English Translation: lll

(b) Work No. 2 (if applicable)—lll

Volume and Document Number: lll

English Translation: lll

(c) Work No. 3 (if applicable)—lll

Volume and Document Number: lll

English Translation: lll

(d) Work No. 4 (if applicable)—lll

Volume and Document Number: lll

English Translation: lll

3. Statement of incorrect information on

earlier NIE:

lllllllllllllllllllll

4. Statement of correct (or previously

omitted) information:

lllllllllllllllllllll

Give the following only if incorrect or

omitted on earlier NIE:

(a) Type of work lll

(b) Rights owned lll

(c) Name of author (of entire work) lll

(d) Source Country lll

(e) Year of Publication (Approximate if

precise year is unknown) lll

(f) Alternative titles lll

5. Explanation of error:

lllllllllllllllllllll

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.

lllllllllllllllllllll

Name and Address (typed or printed):

lllllllllllllllllllll

Telephone/Fax:

lllllllllllllllllllll

As agent for:

lllllllllllllllllllll

Date and Signature:

lllllllllllllllllllll

Dated: October 22, 1997.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 97–28488 Filed 10–27–97; 8:45 am]

BILLING CODE 1410–30–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 203

[Docket No. 97–7]

Implementation of the Electronic

Freedom of Information Act

Amendments of 1996

AGENCY: Copyright Office, Library of

Congress.

ACTION: Interim regulations with request

for comments.

SUMMARY: The Copyright Office is

issuing interim regulations regarding the

Freedom of Information Act to comply

with changes mandated by the

Electronic Freedom of Information Act

Amendments of 1996. The effect of the

interim regulations is to permit public

access to Office records that were

created on or after October 1, 1996, in

electronic format. The Office seeks

comment on these interim regulations.

EFFECTIVE DATE: This interim regulation

is effective November 1, 1997. Written

comments should be received on or

before November 28, 1997.

ADDRESSES: By mail: Ten copies of

written comments should be addressed

to David O. Carson, General Counsel,

Copyright GC/I&R, P.O. Box 70400,

Southwest Station, Washington, D.C.

20024. By hand: Ten copies of written
Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / Rules and Regulations 55741

comments should be delivered to the

Office of the General Counsel, U.S.

Copyright Office, James Madison

Memorial Building, Room 403, First and

Independence Avenue, S.E.,

Washington, D.C.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Assistant General

Counsel, or Patricia L. Sinn, Senior

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

70400, Southwest Station, Washington,

D.C. 20024. Telephone: (202)707–8380.

Fax: (202)707–8366.

SUPPLEMENTARY INFORMATION:

I. Background

The Copyright Office is adopting

interim regulations to Part 203 of its

regulations to implement the Electronic

Freedom of Information Act

Amendments of 1996 (EFOIA), Pub. L.

No. 104–231, 110 Stat. 3048 (1996),

which amends the Administrative

Procedure Act (APA), title 5, United

States Code. The Office is subject to the

Freedom of Information Act (FOIA),

which is part of the APA, under 17

U.S.C. 701(d). Section 701(d) provides

that ‘‘[e]xcept as provided by section

706(b) and the regulations issued

thereunder, all actions taken by the

Register of Copyrights under this title

are subject to the provisions of the

Administrative Procedure Act of June

11, 1946, as amended * * *’’ Copyright

Office regulations describe records and

documents available for public

inspection under the Copyright Act and

under the FOIA. See 37 CFR 201.2, 203.

The Copyright Office is part of the

Library of Congress, a legislative agency,

and is an office of public record

governed in its record-keeping activities

by sections of the copyright statute that

designate which records are available

for public inspection and search. See 17

U.S.C. 705, 706. Copyright Office

records include deposits, registrations,

indexes, recordations, and other actions

taken under title 17. 17 U.S.C. 705(a).

Public records maintained by the Office

are the subject of most requests for

information received; thus, the Office

receives few actual FOIA requests that

must be answered outside the realm of

its normal public information services.

The FOIA, which establishes a right of

access to certain federal agency records,

was enacted 30 years ago, before the

extensive use of computers to create and

retain records in electronic formats.

With the advent and widespread

acceptance of new information

technologies, questions arose about how

electronic records should be handled

under the FOIA. The EFOIA, signed into

law on October 2, 1996, contains

amendments that address methods

required to make agency records

available to the public by electronic

means and in electronic formats. This

interim regulation revises several

provisions of the Office’s FOIA

regulations under 37 CFR 203 to comply

with provisions of the EFOIA.

II. Interim Amendments

A. Form or Format Requests

A significant change enacted in the

EFOIA is the requirement that agencies

honor requests to provide records

created after October 1, 1996, in specific

formats, including electronic formats, so

long as the records are ‘‘readily

reproducible by the agency in that form

or format’’ by use of reasonable efforts.

EFOIA sec. 5 (codified as 5 U.S.C.

552(a)(3)(B). The Office will consider

the particular set of circumstances

involved with each individual FOIA

request to determine whether it can

reasonably comply with a request to

provide a record in a particular format.

Prior to this amendment, the FOIA did

not place agencies under an obligation

to accommodate a FOIA requester’s

preferences as to format. The Office is

amending § 203.4(a) of its regulations to

reflect EFOIA requirements by adding

language to reflect that the Office will

produce agency records in response to

a FOIA request in either traditional

paper form or, if possible, in electronic

form.

B. Fees

Fees currently set forth in 37 CFR

203.6 apply to the costs of duplication,

review of documents, and copying of

paper pages. Under 37 CFR 203.6(b)(2),

the current charge of $0.45 per page for

copies of Office records will be assessed

for paper pages of computer printouts

generated by the Office, matching the

current per-page charge for copies

beyond the first 15 pages, for which

seven dollars is charged. These fees will

be modified if the Office adjusts its fees

to cover the costs of providing services.

The Office will charge a requester the

actual cost for provision of computer

discs containing requested information.

For security reasons, the Office will not

use discs or other electronic storage

media supplied by requesters for

purposes of downloading requested

information.

In addition to EFOIA adjustment, the

Office is adjusting fees in 37 CFR

203.6(b)(6) regarding fees for services

rendered. The time charged for an

employee’s computer search of records

remains the actual cost of the search

including the cost of operating

equipment for the time directly

attributable to searching for records

responsive to a request, but modifies the

cost of the operator/programmer’s time

involved in conducting a search from

$10.00 per hour or fraction thereof to

$20.00 per hour or fraction thereof. The

Office’s authority to raise discretionary

fees is found in 17 U.S.C. 708(a)(10).

C. Time for Processing Initial FOIA

Requests

The EFOIA provides that effective

October 2, 1997, agencies will have

twenty working days, rather than the

current ten working days, to respond to

initial FOIA requests. EFOIA sec.

8(b)(codified as 5 U.S.C. 552(a)(6)(A)(i)).

The Office proposes to amend § 203.4(f)

of its FOIA regulations to implement

this aspect of the EFOIA.

The EFOIA recognizes that in

‘‘unusual circumstances’’ agencies may

need more than twenty working days to

process FOIA requests. EFOIA sec. 7(b)

(codified as 5 U.S.C. 552(a)(6)(B). If an

extension of more than ten working

days is sought, the EFOIA amendments

require that an agency provide

requesters with the opportunity to limit

the scope of their requests to enable

processing within the ten day statutory

time limit for extensions, or to negotiate

an alternate time frame for processing

requests. Id. The Office proposes to

amend its FOIA regulations to reflect

these changes.

D. Expedited Processing

The EFOIA requires agencies to

promulgate through a notice and

comment rulemaking regulations to

consider requests for ‘‘expedited

processing’’ of initial FOIA requests.

EFOIA sec. 8(a) (codified as 5 U.S.C.

552(a)(6)(E)). Such requests must be

granted whenever a ‘‘compelling need’’

is demonstrated by the requesting party.

‘‘Compelling need’’ is defined in the

EFOIA as: (1) involving ‘‘an imminent

threat to the life or physical safety of an

individual,’’ or (2) in the case of a

request made by ‘‘a person primarily

engaged in disseminating information,

urgency to inform the public concerning

actual or alleged Federal Government

activity.’’ EFOIA sec. 8(a) (codified as 5

U.S.C. 552(a)(6)(E)(v)). When a request

for expedited processing is made, an

agency must notify the requester of its

decision whether or not to grant the

expedited request within ten (10)

calendar days. If expedited processing is

granted, an agency must process the

request as soon as practicable. If the

request is denied, an agency must

consider an appeal of such a denial. To

implement the expedited processing

requirements of the EFOIA

amendments, the Office proposes to

amend section 203.4 of our regulations
55742 Federal Register / Vol. 62, No. 208 / Tuesday, October 28, 1997 / Rules and Regulations

by adding that the Office will process

requests granted expedited processing

status ‘‘as soon as is practicable.’’

EFOIA sec. 8(a) (codified as 5 U.S.C.

552(a)(6)(E)(iii)).

E. Electronic Reading Room

The FOIA requires agencies to make

available for inspection and copying

statements of policy and interpretations

not published in the Federal Register,

and administrative staff manuals and

instructions to staff that affect the

public. 5 U.S.C. 552(a)(2). The Office

maintains these materials in paper form

in its Public Information Office. See 37

CFR 203.4. The EFOIA requires agencies

to make available by ‘‘computer

telecommunications or * * * by other

electronic means’’ all reading room

materials that are created on or after

October 1, 1996. EFOIA sec. 4 (codified

at 5 U.S.C. 552(a)(2). The statute

envisions that agencies will develop

both a traditional reading room and an

electronic reading room. The Office

proposes an interim regulation stating

which materials are available on-line or

in an accessible electronic format.

List of Subjects in 37 CFR Part 203

Freedom of Information Act, Policies

and procedures.

Interim Regulations

In consideration of the foregoing, the

Copyright Office is amending part 203

of 37 CFR, chapter II, in the manner set

forth below:

PART 203—FREEDOM OF

INFORMATION ACT: POLICIES AND

PROCEDURES

1. The authority citation for part 203

is amended to read as follows:

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

as amended.

2. Section 203.3 is amended by

revising paragraph (i) to read as follows:

§ 203.3 Organization.

* * * * *

(i) The Copyright Office maintains an

‘‘electronic reading room’’ by making

available certain documents and records

on its World Wide Web page and by

providing access to documents that

affect the public in electronic format

pursuant to 5 USC 552(a)(2). Copyright

Office records in machine-readable form

cataloged from January 1, 1978, to the

present, including registration

information and recorded documents,

are available on the Internet. Frequently

requested Copyright Office circulars,

announcements, and recently proposed

as well as final regulations are available

on-line. The address for the Copyright

Office’s home page is: http://

www.loc.gov/copyright; information

may also be accessed by connecting to

the Library of Congress’ home page on

the World Wide Web. The address is:

http://www.loc.gov. Other Copyright

Office documents may be provided on

disk when so requested.

3. Section 203.4 is amended by

revising paragraph (f) and adding a new

paragraph (i) to read as follows:

§ 203.4 Methods of operation.

* * * * *

(f) The Office will respond to all

properly marked mailed requests and all

personally delivered written requests for

records within twenty (20) working days

of receipt by the Supervisory Copyright

Information Specialist. Inquiries should

be mailed to: Copyright Office, GC/I&R,

P.O. Box 70400 Southwest Station,

Washington, D.C. 20024. If hand

delivered, materials should go to:

Copyright Public Information Office, LM

401, James Madison Memorial Building,

Library of Congress, 101 Independence

Avenue, S.E., Washington, D.C. Office

hours are from 8:30 a.m. to 5:00 p.m.,

Monday through Friday, excluding

holidays. If it is determined that an

extension of time greater than ten (10)

working days is necessary to respond to

a request due to unusual circumstances,

as defined in paragraph (i) of this

section, the Supervisory Copyright

Information Specialist shall so notify

the requester and give the requester the

opportunity to:

(1) Limit the scope of the request so

that it may be processed within twenty

(20) working days, or

(2) Arrange with the Office an

alternative time frame for processing the

request or a modified request. If a

request is denied, the written

notification will include the basis for

the denial, names of all individuals who

participated in the determination, and

procedures available to appeal the

determination.

* * * * *

(i) The Supervisory Copyright

Information Specialist will consider

requests for expedited processing of

requests in cases where the requester

demonstrates a compelling need for

such processing. The term ‘‘compelling

need’’ means:

(1) That a failure to obtain requested

records on an expedited basis could

reasonably be expected to pose an

imminent threat to the life or physical

safety of an individual; or

(2) With respect to a request made by

a person primarily engaged in

disseminating information, urgency to

inform the public concerning actual or

alleged Federal Government activity.

Requesters for expedited processing

must include in their requests a

statement setting forth the basis for the

claim that a ‘‘compelling need’’ exists

for the requested information, certified

by the requester to be true and correct

to the best of his or her knowledge and

belief. The Office will determine

whether to grant a request for expedited

processing and will notify the requester

of such determination within ten (10)

days of receipt of the request. If a

request for expedited processing is

approved, documents responsive to the

request will be processed as soon as is

practicable. Denials of requests for

expedited processing may be appealed

to the Office of the General Counsel,

who will expeditiously determine any

such appeal.

§ 203.6 [Amended]

5. Section 203.6(b)(6) is amended by

revising the parenthetical at the end of

the sentence to read ‘‘(at no less than

$20.00 per hour or fraction thereof).’’

Dated: October 21, 1997.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 97–28418 Filed 10–27–97; 8:45 am]

BILLING CODE 1410–30–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 258

[Docket No. 96–3 CARP SRA]

Rate Adjustment for the Satellite

Carrier Compulsory License

AGENCY: Copyright Office, Library of

Congress.

ACTION: Final rule and order.

SUMMARY: The Librarian of Congress,

upon recommendation of the Register of

Copyrights, is announcing the

adjustment of the royalty rates for

superstation and network signals under

the satellite carrier compulsory license,

17 U.S.C. 119.

EFFECTIVE DATE: January 1, 1998.

ADDRESSES: The full text of the CARP’s

report to the Librarian of Congress is

available for inspection and copying

during normal business hours in the

Office of the General Counsel, James

Madison Memorial Building, Room LM–

403, First and Independence Avenue,

S.E., Washington, D.C. 20540.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel,

William J. Roberts, Jr., Senior Attorney

for Compulsory Licenses, or Tanya M.

Sandros, Attorney Advisor, P.O. Box