Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations 21983

1Section 108.05 of Compendium II of Copyright

Office Practices provides: ‘‘Factual determinations.

In connection with its examining and related

activities, the Copyright Office does not ordinarily

make findings of fact with respect to publication or

any other thing done outside the Copyright Office.’’

This practice is qualified by section 108.05(b)

providing: ‘‘Administrative notice. The Copyright

Office may take notice of matters of general

knowledge. It may use such knowledge as the basis

for questioning applications that appear to contain

or be based upon inaccurate or erroneous

information.’’

William P. Lane Jr. Memorial Twin

Bridges to the Eastern Shore. This is the

type of event contemplated by these

regulations and the safety of the

participants depends upon control of

vessel traffic, therefore the regulations

in 33 CFR 100.507 are implemented and

effective from 6:30 a.m. until 1 p.m., on

June 11, 1995. During the swim itself,

all vessel traffic will have to be stopped.

However, vessel traffic will be permitted

to transit the regulated area as the swim

progresses. As a result, commercial

traffic should not be severely disrupted.

Dated: April 14, 1995.

W.J. Ecker,

Rear Admiral, U.S. Coast Guard, Commander,

Fifth Coast Guard District.

[FR Doc. 95–10923 Filed 5–3–95; 8:45 am]

BILLING CODE 4910–14–M

33 CFR Part 110

[CGD09–93–033]

Special Anchorage Area, Lake

Superior, La Pointe Harbor, Madeline

Island, WI; Correction

AGENCY: Coast Guard, DOT.

ACTION: Correction to final rule.

SUMMARY: This document contains

corrections to the final rule (CGD09–93–

033), which was published Wednesday,

March 22, 1995 (60 FR 15052). The

regulation established a Special

Anchorage Area on Lake Superior, La

Pointe Harbor, Madeline Island,

Wisconsin.

EFFECTIVE DATE: May 4, 1995.

FOR FURTHER INFORMATION CONTACT:

Marine Science Technician Second

Class Jeffrey M. Yunker, Ninth Coast

Guard District, Aids to Navigation and

Waterways Management Branch, Room

2083, 1240 East Ninth Street, Cleveland,

Ohio 44199–2060, (216) 522–3990.

SUPPLEMENTARY INFORMATION:

Drafting Information

The drafters of this notice are

Lieutenant Junior Grade Byron D.

Willeford, Project Officer, Ninth Coast

Guard District, Aids to Navigation and

Waterways Management Branch, and

Lieutenant Karen E. Lloyd, Project

Attorney, Ninth Coast Guard District

Legal Office.

Background

The final rule that is the subject of

these corrections, established a Special

Anchorage Area on Lake Superior, La

Pointe Harbor, Madeline Island,

Wisconsin.

Need for Correction

As published, the final rule contained

errors which incorrectly state the

coordinates of the Special Anchorage

Area. This may cause a mariner to

anchor his or her vessel in an

inappropriate area and must therefore

be corrected.

Correction of Publication

Accordingly, the publication on

March 22, 1995, of the final rule

[CGD09–93–033] which was the subject

of FR Doc. 95–6955, is corrected as

follows:

§ 110.775 [Corrected]

1. The coordinates in § 110.77b, on

page 15053 in the first column should

be corrected to read as follows:

Latitude Longitude

46°46′21.5′′ N 090°46′59′′ W, to

46°46′36′′ N 090°47′13′′ W, to

46°46′41′′ N 090°47′13′′ W, thence

along the natural shoreline and structures to:

46°46′21.5′′ N 090°46′59′′ W.

Dated: April 18, 1995.

Rudy K. Peschel,

Rear Admiral, U.S. Coast Guard, Commander,

Ninth Coast Guard District.

[FR Doc. 95–10924 Filed 5–3–95; 8:45 am]

BILLING CODE 4910–14–M

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 202

[Docket No. 95–4]

Modification of Appeal Procedure

AGENCY: Library of Congress, Copyright

Office.

ACTION: Notice of policy decision.

SUMMARY: The Copyright Office of the

Library of Congress issues this Policy

Decision modifying the appeal

procedure regarding refusals to register

a copyright claim. Currently, this

procedure is specified in Compendium

II of Copyright Office Practices and an

applicant whose claim is rejected is

entitled to two reconsiderations, each

handled within the Examining Division.

The modified procedure establishes an

interim system with a Board of Appeals

to reconsider the second appeal that is

the final agency action.

EFFECTIVE DATE: June 5, 1995.

FOR FURTHER INFORMATION CONTACT:

Marilyn J. Kretsinger, Acting General

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

70400, Southwest Station, Washington,

D.C. 20024. Telephone: (202) 707–8380.

Telefax: (202) 707–8366.

SUPPLEMENTARY INFORMATION:

I. Background

One of the most significant

responsibilities assigned the Copyright

Office by Title 17 of the U.S. Code is the

registration of copyright claims.

Currently, the Copyright Office registers

slightly more than 600,000 copyright

claims annually, and refuses to register

a small percentage of these.

Subsections 410(a) and (b) of the

copyright law determine the parameters

of the registration system:

(a) When, after examination, the Register of

Copyrights determines that, in accordance

with the provisions of this title, the material

deposited constitutes copyrightable subject

matter and that the other legal and formal

requirements of this title have been met, the

Register shall register the claim and issue to

the applicant a certificate of registration

under the seal of the Copyright Office. The

certificate shall contain the information given

in the application, together with the number

and effective date of the registration.

(b) In any case in which the Register of

Copyrights determines that, in accordance

with the provisions of this title, the material

deposited does not constitute copyrightable

subject matter or that the claim is invalid for

any other reason, the Register shall refuse

registration and shall notify the applicant in

writing of the reasons for such refusal.

In administering these provisions, the

Copyright Office usually accepts as true

the facts given by the applicant.1 The

decision to register or not rests on a

determination of whether a prima facie

valid copyright claim has been

submitted under the provisions of the

Copyright Act.

An applicant may appeal a refusal to

register using the appeal procedure

specified in the Compendium of

Copyright Office Practices. Under this

practice, an applicant whose claim has

been denied registration is entitled to

two reconsideration, each handled

within the Examining Division.

Specifically, the procedure provides:

Refusal to register: request for

reexamination. When the Copyright Office

has refused a claim as submitted, it notifies

the applicant in writing of the refusal to

register. After such notification, the applicant

may set forth in writing his or her objections

to the refusal and request that the Office

reconsider its action. If the claim is refused