[Federal Register: January 13, 1998 (Volume 63, Number 8)]
[Rules and Regulations]               
[Page 1926-1927]



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: Final regulations.


SUMMARY: The Copyright Office is issuing final regulations permitting 
public access to Office records created on or after November 1, 1996, 
in electronic format. These final regulations conform the Copyright 
Office's regulations to the requirements of the Freedom of Information 
Act (FOIA), as amended by the Electronic Freedom of Information Act 
Amendments of 1996 (EFOIA).

EFFECTIVE DATE: February 12, 1998.

FOR FURTHER INFORMATION CONTACT: David O. Carson, 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: The Copyright Office adopts final

[[Page 1927]]

regulations amending Part 203 of its regulations to implement the 
EFOIA, Pub. L. No. 104-231, 110 Stat. 3048 (1996), which amended the 
FOIA, 5 U.S.C. et seq. The Office is subject to the FOIA, which is part 
of the Administrative Procedure Act, under section 701(d) of title 17, 
U.S.C. Copyright Office regulations describe records and documents 
available for public inspection under the Copyright Act, the Privacy 
Act of 1974, and the FOIA. See 37 CFR 201.2, 203, 204.
    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 regulation 
revises several provisions of the Office's FOIA regulations under 37 
CFR 203 to comply with provisions of the EFOIA. The final regulation 
also establishes a response period of 30 days within which appeals to 
denials for information must be made. Interim regulations with a 
request for comments were issued October 28, 1997. 62 FR 55740 (October 
28, 1997). No comments were received. The interim regulations, together 
with the addition of the response period for appeals, are adopted as 
final regulations.

List of Subjects in 37 CFR Part 203

    Freedom of Information Act, Policies and procedures.

Final Regulations

    In consideration of the foregoing, the Copyright Office adopts the 
interim rule amending part 203 of 37 CFR, as published at 62 FR 55740 
on October 28, 1997, with the following changes:


    1. The authority citation for part 203 is revised to read as 

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

    2. Section 203.4 is amended by adding two new sentences at the end 
of paragraph (f) and revising the last sentence of paragraph (i)(2) to 
read as follows:

Sec. 203.4  Methods of operation.

* * * * *
    (f) * * * If a requestor wishes to appeal a denial of some or all 
of his or her request for information, he or she must make an appeal in 
writing within 30 calendar days of the date of the Office's denial. The 
request should be directed to the General Counsel of the United States 
Copyright Office.
* * * * *
    (i) * * *
    (2) * * * Denials of requests for expedited processing may be 
appealed to the Office of the General Counsel.

    Dated: January 7, 1998.
David O. Carson,
General Counsel.
[FR Doc. 98-692 Filed 1-12-98; 8:45 am]