Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Proposed Rules 22139

reasons, such as improper vessel

conditions. The comment asked the

Coast Guard to include provisions for

these withdrawals and cite the penalty

provisions for a violation of §§ 151.1009

and 151.1018(c) in the Interim Rule.

The Interim Rule listed conditions

that would lead to the withdrawal of a

permit, citing a record or pattern of

violations of five environmental

protection acts. Permit withdrawal

proceedings would be restricted to the

conditions authorized by the act. Civil

and criminal penalties for violations of

the Shore Protection Act are outlined in

33 USC § 2608 and § 2609.

Display of Number (§ 151.1024)

Two comments objected to the

requirement that vessel numbers

displayed have to be at least 44

centimeters (18 inches) in height. One

comment noted that the requirement for

marking a tank vessel (found in 46 CFR

32.05–10 and 32.05–15) allows a vessel

to be marked with figures that are 15

centimeters (6 inches) high.

The Coast Guard disagrees with these

comments. Personnel involved with

enforcement of these regulations must

be able to easily identify a vessel’s

permit numbers from great distances or

altitudes including while a vessel is at

sea. Because of this, permit numbers

need to be easily distinguishable from

other markings displayed on a vessel.

One comment noted that there is an

incorrect section citation in the Interim

Rule. Paragraph (b) of § 151.1009

references § 151.104, which does not

exist. The correct reference is

§ 151.1024, pertaining to permit

numbers. The Coast Guard amended

§ 151.1009(b) to reflect the correct

reference in a correction notice

published in the Federal Register on

June 5, 1989 (54 FR 24078).

Dated: March 16, 2001.

Joseph J. Angelo,

Director of Standards, Acting Assistant

Commandant for Marine Safety and

Environmental Protection.

[FR Doc. 01–10970 Filed 5–2–01; 8:45 am]

BILLING CODE 4910–15–P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 2001–2]

Notice of Termination

AGENCY: Copyright Office, Library of

Congress.

ACTION: Notice of proposed rulemaking.

SUMMARY: The Copyright Office is

proposing amendments to its regulation

governing notices of termination of

transfers and licenses covering the

extended renewal term. The current

regulation is limited to notices of

terminations made under section 304(c)

of the copyright law. The Sonny Bono

Copyright Term Extension Act created a

separate termination right under section

304(d). Under the proposed regulation,

procedures governing notices of

termination of the extended renewal

term would cover notices made under

either section 304(c) or 304(d).

DATES: Comments should be in writing

and received on or before June 18, 2001.

ADDRESSES: If sent 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,

DC 20540. If Hand Delivered, ten copies

should be brought to: Office of the

General Counsel, Copyright Office,

James Madison Memorial Building,

Room LM–403, First and Independence

Avenue, SE., Washington, DC.

FOR FURTHER INFORMATION CONTACT:

David O. Carson, General Counsel, or

Kent Dunlap, Principal Legal Advisor

for the General Counsel. Telephone:

(202) 707–8380. Telefax: (202) 707–

8366.

SUPPLEMENTARY INFORMATION: Under the

1909 copyright law, which was in effect

until January 1, 1978, works were

subject to a renewal system in which the

term of copyright was divided into two

consecutive terms. Under the system

initially established by the 1909

legislation, the duration of copyright

protection was an initial copyright term

of 28 years and a renewal term of an

additional 28 years. The Copyright Act

of 1976, Pub. L. 94–554, retained the

renewal system for works that had

subsisting copyrights on January 1,

1978. However, under section 304 of the

copyright law (17 U.S.C. 304), the

renewal term was extended to 47 years,

creating a total potential term of

protection of 75 years.

Besides generally extending the

renewal term to 47 years, Congress also

provided a termination procedure

authorizing the termination of transfers

or licenses during the extended renewal

term. Established under section 304(c)

of the copyright law, this provision

created a means for authors and their

surviving spouses and offspring to

secure the benefits of the additional 19

years added to the renewal term. In

1977, the Copyright Office adopted a

regulation establishing the procedures

for exercising the termination right. 37

CFR 201.10

On October 27, 1998, President

Clinton signed into law the Sonny Bono

Copyright Term Extension Act, (‘‘the

Act’’), Pub. L. 105–298, 112 Stat. 2827

(1998). The Act amended the copyright

law, title 17 United States Code, to

extend for an additional 20 years, the

term of copyright protection in the

United States. For works in which the

duration of protection was determined

under section 304 of title 17, the

renewal term was extended from 47

years to 67 years. Like the Copyright Act

of 1976, the Sonny Bono Copyright

Term Extension Act also contained a

termination provision covering the

newly extended part of the extended

renewal term (i.e., the last twenty years).

Established under section 304(d) of the

copyright law, this new right of

termination was limited to authors and

other successors-in-interest specified in

the statute who had not previously

terminated under section 304(c).

The termination provision created by

section 304(d) largely incorporates by

reference the standards established by

section 304(c). Since notices of

termination may be served up to ten

years before the termination is to take

effect, the right to serve termination

notices under section 304(d) vested

immediately upon the enactment of the

Sonny Bono Copyright Term Extension

Act. Although the Copyright Office has

not put in place final regulations

governing notices of termination issued

under section 304(d), the Copyright

Office Documents Section has already

received a number of such notices for

recordation. The Copyright Office has

proceeded with recording these notices

under its existing provisions for

recordation of notices of termination

pursuant to section 304. However, it is

desirable that the Office’s regulations on

notices of termination be amended to

provide expressly for notices of

termination pursuant to section 304(d).

The Copyright Office has concluded

that, with a few adjustments, § 201.10

can be adapted to cover terminations

under either section 304(c) or section

304(d). The proposed regulation begins

by adding introductory text clarifying

that the scope of the regulation covers

terminations under either sections

304(c) or 304(d). In provisions where

the current regulation refers to section

304(c), the proposed regulation has been

modified to add an alternative reference

to section 304(d). Finally, a reference to

section 304(d) has been added to

§ 201.4(a)(v) regarding recordation of

transfers and certain other documents.

Paragraph (b) relating to contents of

the notice would add two substantive

changes not in the current regulation.

Section (b)(i) of the proposed regulation

22140 Federal Register / Vol. 66, No. 86 / Thursday, May 3, 2001 / Proposed Rules

requires that if the termination is made

under section 304(d), the notice should

provide a statement to that effect. Most

of the notices of termination made

under section 304(d) which have been

received in this Office already contain

such a statement. Inclusion of this

requirement in the regulation appears to

be a logical addition and would provide

clarity to the notice. No corresponding

requirement has been imposed in

notices of termination issued under

section 304(c) because such a

requirement would upset established

practices in issuing notices under that

section.

The second substantive change adds a

new § 201.10(b)(vi) requiring notices

issued under section 304(d) to contain

a statement ‘‘that the rights in the

extended renewal term which are being

terminated have not been subject to a

previous termination.’’ This is a

statutory requirement imposed in

section 304(d). Incorporating the

requirement as part of the contents

helps ensure that second notices of

termination covering the same rights

already terminated by a previous notice

will not be served and recorded. This

provision is not intended to preclude

one joint author who has not previously

exercised his termination right from

terminating, even in cases where other

joint authors have exercised such rights.

Section 304(c) permits joint authors to

exercise their termination rights

separately. H.R. Rep. No. 94–1476, at

141 (1976).

The Copyright Office seeks public

comment on these two proposed

substantive additions to the required

content of the notice of termination. The

Copyright Office does not propose that

the two new requirements be applied to

notices already issued or to those issued

before the proposed regulation is

adopted in final form. If the two

requirements are adopted in the final

regulation, they are intended to be

treated as requirements only after the

effective date of the final regulation.

List of Subjects in 37 CFR Part 201

Copyright.

Proposed Regulations

In consideration of the foregoing, the

Copyright Office proposes to amend part

201 of 37 CFR, chapter II in the manner

set forth below:

PART 201—GENERAL PROVISIONS

1. The authority citation for part 201

continues to read as follows:

Authority: 17 U.S.C. 702; § 201.10 is also

issued under 17 U.S.C. 304.

§ 201.4 [Amended]

2. Amend § 201.4(a)(1)(v) by adding

‘‘and (d)’’ after ‘‘304(c)’’.

3. Section 201.10 is amended as

follows:

a. by adding introductory text before

paragraph (a);

b. by revising paragraphs (c)(2), (d)(2),

(d)(4) and (e);

c. by redesignating paragraphs (b)(1)(i)

through (v) as (b)(1)(ii) through (v) and

(vii), respectively; and

d. by adding new paragraphs (b)(1)(i)

and (b)(1)(vi). The revisions and

additions to § 201.10 read as follows:

§ 201.10 Notices of termination of

transfers and licenses covering extended

renewal term.

This section covers notices of

termination of transfers and licenses

covering the extended renewal term

under sections 304(c) and 304(d) of title

17, U.S.C.

* * * * *

(b) * * *

(1) * * *

(i) If the termination is made under

section 304(d), a statement to that effect;

* * * * *

(vi) If termination is made under

section 304(d), a statement that the

rights which are being terminated have

not been subject to a previous

termination pursuant to section 304;

and

* * * * *

(c) * * *

(2) In the case of a termination of a

grant executed by one or more of the

authors of the work, the notice as to any

one author’s share shall be signed by

that author or by his or her duly

authorized agent. If that author is dead,

the notice shall be signed by the number

and proportion of the owners of that

author’s termination interest required

under section 304(c) or section 304(d),

whichever applies, of title 17, U.S.C., or

by their duly authorized agents, and

shall contain a brief statement of their

relationship or relationships to that

author.

* * * * *

(d) * * *

(2) The service provision of either

section 304(c) or section 304(d) of title

17, U.S.C., whichever applies, will be

satisfied if, before the notice of

termination is served, a reasonable

investigation is made by the person or

persons executing the notice as to the

current ownership of the rights being

terminated, and based on such

investigation:

(i) If there is no reason to believe that

such rights have been transferred by the

grantee to a successor in title, the notice

is served on the grantee; or

(ii) If there is reason to believe that

such rights have been transferred by the

grantee to a particular successor in title,

the notice is served on such successor

in title.

* * * * *

(4) Compliance with the provisions of

paragraphs (d)(2) and (3) of this section

will satisfy the service requirements of

either section 304(c) or section 304(d) of

title 17, U.S.C., whichever applies.

However, as long as the statutory

requirements have been met, the failure

to comply with the regulatory

provisions of paragraph (d)(2) or (d)(3)

of this section will not affect the validity

of the service.

(e) Harmless errors. (1) Harmless

errors in a notice that do not materially

affect the adequacy of the information

required to serve the purposes of either

section 304(c) or section 304(d) of title

17, U.S.C., whichever applies, shall not

render the notice invalid.

(2) Without prejudice to the general

rule provided by paragraph (e)(1) of this

section, errors made in giving the date

or registration number referred to in

paragraph (b)(1)(iii) of this section, or in

complying with the provisions of

paragraph (b)(1)(vii) of this section, or in

describing the precise relationships

under paragraph (c)(2) of this section,

shall not affect the validity of the notice

if the errors were made in good faith

and without any intention to deceive,

mislead, or conceal relevant

information.

* * * * *

4. Amend the new § 201.10(b)(1)(vii)

by removing ‘‘paragraph (v)’’ and adding

‘‘paragraph (vii)’’.

Dated: April 26, 2001.

Marybeth Peters,

Register of Copyrights.

[FR Doc. 01–11152 Filed 5–2–01; 8:45 am]

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[PA143–4115b; FRL–6973–5]

Approval and Promulgation of Air

Quality Implementation Plans;

Commonwealth of Pennsylvania;

Reasonably Available Control

Technology Requirements for Volatile

Organic Compounds and Nitrogen

Oxides

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.