21982 Federal Register / Vol. 60, No. 86 / Thursday, May 4, 1995 / Rules and Regulations

railroad paid contributions under

section 8(a) of the Railroad

Unemployment Insurance Act in an

amount equal to the amount of

unemployment and sickness benefits

paid to its employees, plus an

additional amount for administrative

expenses. The Board promulgated Part

344 as a temporary rule (see 54 FR

25846, June 20, 1989) to explain how it

would apply the special transition rule.

Effective with calendar year 1991,

public commuter railroads have been

paying experience-rated contributions

on the same basis as other railroad

employers. Thus, Part 344 is obsolete.

The Board has determined that this is

not a major rule for purposes of

Executive Order 12866. Therefore, no

regulatory impact analysis is required.

List of Subchapter in 20 CFR Part 344

Railroad employees, Railroad

employers, Railroad unemployment

benefits.

For the reasons set out in the

preamble, part 344 of title 20, chapter II

of the Code of Federal Regulations is

amended as follows:

PART 344—[REMOVED AND

RESERVED]

1. The authority citation for this part

continues to read as follows:

Authority: 45 U.S.C. 362(i) and 362(l).

2. Part 344, consisting of §§ 344.1

through 344.6, is hereby removed and

reserved.

Dated: April 26, 1995.

By Authority of the Board.

For the Board.

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 95–11007 Filed 5–3–95; 8:45 am]

BILLING CODE 7905–01–M

20 CFR Part 217

RIN 3220–AB08

Application for Annuity or Lump Sum

AGENCY: Railroad Retirement Board.

ACTION: Final rule.

SUMMARY: The Railroad Retirement

Board (Board) amends its regulations to

enable the Board to pay the following

benefits without requiring additional

applications therefor: (1) An accrued

annuity due at the death of a spouse or

former spouse to a railroad employee

receiving an annuity based on the same

earnings record; and (2) a full-time

student’s annuity if the student was

entitled to a child’s annuity in the

month before the month the child

attained age 18.

EFFECTIVE DATE: May 4, 1995.

ADDRESSES: Secretary to the Board,

Railroad Retirement Board, 844 Rush

Street, Chicago, Illinois 60611.

FOR FURTHER INFORMATION CONTACT:

Michael C. Litt, Bureau of Law, Railroad

Retirement Board, 844 Rush Street,

Chicago, Illinois 60611, (312) 751–4929,

TDD (312) 751–4701.

SUPPLEMENTARY INFORMATION: Section

217.8 of the Board’s regulations

specifies a list of benefits paid by the

Board which may be paid based on a

previously-filed application (i.e., where

a new application is not required). The

rule adds to that list the cases where an

accrued annuity is due at the death of

a spouse or former spouse to a railroad

employee receiving an annuity based on

the same earnings record as the spouse

or former spouse and where a full-time

student’s annuity is payable if the

student was entitled to a child’s annuity

in the month before the month the child

attained age 18. In those cases there is

no additional information contained in

the applications and there is no utility

to the Board in requiring additional

applications. Using the earlier

application reduces paperwork and the

burden on persons claiming benefits.

On February 9, 1995, the Board

publishes this rule as a proposed rule

(60 FR 7728), inviting comments on or

before March 13, 1995. No comments

were received.

The Board, in conjunction with the

Office of Management and Budget, has

determined that this is not a significant

regulatory action for purposes of

Executive Order 12866. Therefore, no

regulatory impact analysis is required.

There are no information collections

associated with this rule.

List of Subjects in 20 CFR Part 217

Railroad employees, Railroad

retirement.

For the reasons set out in the

preamble, title 20, chapter II, part 217 of

the Code of Federal Regulations is

amended as follows:

PART 217—APPLICATION FOR

ANNUITY OR LUMP SUM

1. The authority citation for part 217

continues to read as follows:

Authority: 45 U.S.C. 231d and 45 U.S.C.

231f.

2. Section 217.8 is amended by

adding paragraphs (t) and (u) to read as

follows:

§ 217.8 When one application satisfies the

filing requirement for other benefits.

* * * * *

(t) An accrued annuity due at the

death of a spouse or divorced spouse if

the claimant is entitled to an employee

annuity on the same claim number.

(u) A full-time student’s annuity if the

student was entitled to a child’s annuity

in the month before the month the child

attained age 18.

Dated: April 26, 1995.

By Authority of the Board.

For the Board,

Beatrice Ezerski,

Secretary to the Board.

[FR Doc. 95–11008 Filed 5–3–95; 8:45 am]

BILLING CODE 7905–01–M

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD 05–95–015]

RIN 2115–AE46

Special Local Regulations for Marine

Events; the Great Chesapeake Bay

Swim Event, Chesapeake Bay, MD

AGENCY: Coast Guard, DOT.

ACTION: Notice of implementation.

SUMMARY: This document implements

33 CFR 100.507 for the Great

Chesapeake Bay Swim Event to be held

on June 11, 1995. These special local

regulations are needed to provide for the

safety of participants and spectators on

the navigable waters during this event.

The effect will be to restrict general

navigation in the regulated area for the

safety of participants in the swim, and

their attending personnel.

EFFECTIVE DATE: The regulations in 33

CFR 100.507 are effective from 6:30 a.m.

until 1 p.m., on June 11, 1995.

FOR FURTHER INFORMATION CONTACT:

Stephen L. Phillips, Chief, Boating

Affairs Branch, Fifth Coast Guard

District, 431 Crawford Street,

Portsmouth, Virginia 23704–5004 (804)

398–6204, or Commander, Coast Guard

Group Baltimore (410) 576–8516.

SUPPLEMENTARY INFORMATION: The

drafters of this notice are QM2 Gregory

C. Garrison, project officer, Boating

Affairs Branch, Boating Safety Division,

Fifth Coast Guard District, and LCDR

C.A. Abel, project attorney, Fifth Coast

Guard District Legal Staff.

Discussion: Mr. Charles Nabit, a

representative of the March of Dimes,

submitted an application to hold the

Great Chesapeake Bay Swim Event on

June 11, 1995. Approximately 600

swimmers will start from Sandy Point

State Park and swim between the
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