21984 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations

after reconsideration, the head of the

appropriate Examining Division section will

send the applicant written notification of the

reasons for refusal. The applicant may again

request reconsideration. If the claim is

refused again, the Chief of the Examining

Division will notify the applicant in writing

of the reasons. The Division Chief’s decision

constitutes final agency action.

Section 606.04 Compendium II of

Copyright Office Practices.

II. Circumstances Leading to

Modification

Although the Office’s practice

concerning appeals is long-standing, we

have periodically considered modifying

it. A number of commentators have

criticized the current practice on the

grounds that containment within the

Examining Division leads to an overly

closed system. Even under the existing

practice, however, there has been some

discussion of particular cases with the

General Counsel or the Register. More

recently, the Library of Congress

appointed an Advisory Committee on

Copyright Registration and Deposit,

(ACCORD); in their meetings, members

of this Committee criticized the appeals

procedure and suggested that it be

changed. Library of Congress, Advisory

Committee on Copyright Registration

and Deposit, 31 (1993).

The Copyright Office is committed to

improving this procedure and will be

publishing a Notice of Proposed

Rulemaking seeking public comment on

legal and administrative issues

associated with establishing a more

formal procedure at a later date.

Meanwhile, as a first step, the Office has

decided to establish a Board of Appeals

within the Copyright Office as an

interim system. By instituting this

Board, we will gain experience in

administering an alternative system.

After the Office has some practical

experience with the new system, we

will make a detailed proposal and seek

public comment. Following review of

these comments, the Copyright Office

will publish the new appeal procedure

as a regulation. Although we are now

adopting as an interim system the Board

of Appeals described below, the precise

nature of the final appeal procedure will

not be established until we publish final

rules. Anyone who wishes to suggest

specific guidelines for our consideration

before the proposed rulemaking should

submit them to the Board of Appeals,

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

Southwest Station, Washington, D.C.

20024.

III. Policy Decision

The Copyright Office’s appeal

procedure set out in § 606.04 of the

Compendium is amended to read as

follows:

Appeals of refusal to register: request for

reconsideration. When the Copyright Office

has refused to register 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. The appeal letter

should be addressed to the appropriate

section of the Examining Division, Copyright

Office, Washington, D.C. 20559. The first

request for reconsideration must be received

in the Copyright Office within 120 days of

the date of the Office’s first refusal to register,

and the envelope containing the request

should be clearly marked: FIRST APPEAL/

EXAMINING DIVISION.

If the claim is refused after reconsideration,

the head of the appropriate section of the

Examining Division sends the applicant

written notification of the reasons for refusal.

The applicant may again request

reconsideration in writing. This second

appeal must be received in the Copyright

Office within 120 days of the date of the

Office’s refusal of the first appeal, and be

directed to the Board of Appeals at the

following address: Copyright GC/I&R, P.O.

Box 70400, Southwest Station, Washington,

D.C., 20024. The Board of Appeals shall

consist of the Register of Copyrights, the

General Counsel, and the Chief of the

Examining Division, or their respective

designees. The Board shall consider the

second appeal and render a final decision.

The designated Chair of the Board of Appeals

will write the applicant setting out the

reasons for acceptance or denial of the claim.

The Appeals Board’s decision constitutes

final agency action.

Dated: April 27, 1995.

Marybeth Peters,

Register of Copyrights.

Approved by:

James H. Billington,

The Librarian of Congress.

[FR Doc. 95–11045 Filed 5–3–95; 8:45 am]

BILLING CODE 1410–30–P

DEPARTMENT OF THE INTERIOR

Bureau of Land Management

43 CFR Public Land Order 7138

[CO–930–1920–00–4355; COC–51843]

Transfer of Public Land for the Slick

Rock Disposal Site; Colorado

AGENCY: Bureau of Land Management,

Interior.

ACTION: Public Land Order.

SUMMARY: This order permanently

transfers 61.25 acres of public land to

the Department of Energy in accordance

with the terms of the Uranium Mill

Tailings Radiation Control Act of 1978

(42 U.S.C. 7916 (1988)), as amended.

EFFECTIVE DATE: May 4, 1995.

FOR FURTHER INFORMATION CONTACT:

Doris E. Chelius, BLM Colorado State

Office, 2850 Youngfield Street,

Lakewood, Colorado 80215–7076, 303–

239–3706.

By virtue of the authority vested in

the Secretary of the Interior by the

Uranium Mill Tailings Radiation

Control Act of 1978 (42 U.S.C. 7916

(1988)), as amended, it is ordered as

follows:

1. Subject to valid existing rights, the

following described public land is

hereby permanently transferred to the

Department of Energy, and as a result of

this transfer, the land is no longer

subject to the operation of the general

land laws, including the mining and the

mineral leasing laws, for the Slick Rock

Disposal Site:

New Mexico Principal Meridian

T. 44 N., R. 18 W.,

Sec. 21, S1⁄2S1⁄2SE1⁄4SW1⁄4;

Sec. 28, NE1⁄4NW1⁄4, N1⁄2NE1⁄4SE1⁄4NW,

N1⁄2S1⁄2NE1⁄4SE1⁄4NW1⁄4,

NE1⁄4NW1⁄4SE1⁄4NW1⁄4, and

N1⁄2SE1⁄4NW1⁄4SE1⁄4NW1⁄4.

The area described contains approximately

61.25 acres of public land in San Miguel

County.

2. The transfer of the above-described

land to the Department of Energy vests

in that Department full management,

jurisdiction, responsibility, and liability

for such land and all activities

conducted therein, except as provided

in paragraph 3.

3. The Secretary of the Interior shall

retain the authority to administer any

existing claims, rights, and interests in

this land established before the effective

date of the transfer.

Dated: April 21, 1995.

Bob Armstrong,

Assistant Secretary of the Interior.

[FR Doc. 95–10992 Filed 5–3–95; 8:45 am]

BILLING CODE 4310–JB–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 15 and 90

[ET Docket 93–235; FCC 95–148]

Additional Frequencies for Cordless

Telephones

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: By this action, the

Commission makes available 15 new

channel pairs for cordless telephones.

This action is taken to relieve