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Federal Register / Vol. 86, No. 32 / Friday, February 19, 2021 / Rules and Regulations Normally, at the conclusion of the inperson examination, the examiner would date-stamp the redacted and unredacted paper copies of the deposit, or, if the applicant brought electronic copies to the appointment, the examiner would place the physical storage device in its container, seal the container with tamper-proof tape, stamp the date of the appointment on a label, and apply that label to the container.
As this step is not possible in a remote examination, applicant will be responsible for maintaining its copy of the unredacted deposit, in the event it is needed for litigation or other purposes. The interim rule specifies that the metadata of the unredacted deposit file must include the date of the examination, and the service request number generated by the electronic registration system. The redacted deposit that was uploaded to the electronic registration system can be used to identify the material examined by the Office by comparing the redacted and unredacted copies examined during the videoconference session to determine if they match. In connection with the Offices overall continuing analysis of the registration option for secure tests, the Office is considering whether to impose a records retention requirement upon applicants who register under these conditions, similar to other regulatory records retention provisions.34
After the appointment, the examiner will prepare a Secure Test Appointment Receipt, containing the following information: 1 Date of appointment; 2
time of appointment; 3 name of work examined; 4 name of examiner conducting examination; 5 applicants representatives; and 6 the fee charged per hour. This receipt will be uploaded into the record in the electronic registration system. The examiner will email a copy of this receipt to the applicant, along with instructions for submitting the secure test examination fee.35 The fee must be paid through pay.gov or charged to an active deposit account. The Office will not issue a registration certificate until it receives full payment of this fee. Calculation of the fee will be done on an hourly basis, in the same manner as for an in-person examination.
If the Office issues a registration certificate, the examiner will add an annotation that includes the date of the appointment. The effective date of registration will be the date that the Office receivedin proper formthe 34 See, e.g., 37 CFR 210.27m; 85 FR 58114, 58154 Sept. 17, 2020.
35 See 37 CFR 201.3d5.

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application, filing fee, and the redacted copy of the test that was uploaded to the electronic registration system, consistent with the current procedure.36
As with the other interim rules issued in this proceeding, the Office will monitor the operation of todays interim rule to evaluate whether remote examination of secure tests and groups of secure test items via secure videoconference should continue once the national emergency period ends.
The Office understands the concerns of, and importance to, test publishers that the definition for a secure test reflect the current testing practices and testing technology, as well as other issues raised by commenters throughout this rulemaking proceeding. The Office takes these concerns seriously and continues to carefully consider them. The Office anticipates issuing a future separate notice that will revisit the regulatory definition for a secure test.
In light of the ongoing national emergency, the Copyright Office finds good cause to publish these amendments as an interim rule effective immediately, and without first publishing a notice of proposed rulemaking, because of the demonstrable urgency of the conditions they are designed to correct. 37
List of Subjects in 37 CFR Part 202
Copyright, Preregistration and Registration of Claims to Copyright.
For the reasons set forth in the preamble, the Copyright Office amends 37 CFR part 202 as follows:
PART 202PREREGISTRATON AND
REGISTRATION OF CLAIMS TO
COPYRIGHT
1. The authority citation for part 202
continues to read as follows:

Authority: 17 U.S.C. 408f, 702.

2. Amend 202.13 as follows:
a. In paragraph c1, remove standard application and add Standard Application in its place;
b. Revise paragraph c2;
c. In paragraph c3 introductory text, remove bring and add in its place provide; and d. Revise paragraph c3v and c4.
The revisions read as follows:

202.13

Secure tests.

36 See
82 FR at 26853.
Rep. No. 791980, at 260 1946. See 5
U.S.C. 553b3B notice and comment is not necessary upon agency determination that it would be impracticable, unnecessary, or contrary to the public interest; id. at 553d 30-day notice not required where agency finds good cause.
37 H.R.

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2 In case of a secure test, the applicant must submit a redacted copy of the entire test. In the case of a group of test items prepared for use in a secure test, the applicant must submit a redacted copy of each test item. In all cases the redacted copy must contain a sufficient amount of visible content to reasonably identify the works. In addition, the applicant must complete and submit the secure test questionnaire that is posted on the Copyright Offices website. The questionnaire and the redacted copy must be contained in separate electronic files, and each file must be uploaded to the electronic registration system in Portable Document Format PDF. The Copyright Office will review these materials to determine if the works qualify for an examination under secure conditions. If they appear to be eligible, the Copyright Office will contact the applicant to schedule an appointment to examine an unredacted copy of the works. The examination may be conducted inperson or through remote access as directed by the instructions provided on the Offices website.
3
v In the case of a secure test, the applicant must provide an unredacted copy of the entire test. In the case of a group of test items prepared for use in a secure test, the applicant must provide an unredacted copy of all the test items.
The applicant shall include the following information in the metadata of an unredacted electronic file:
A The date of the examination; and B The service request number generated by the electronic registration system.
4 The Copyright Office will examine the copies specified in paragraphs c3iii and v of this section under secure conditions. The Office will retain the signed declaration and the redacted copy that was uploaded to the electronic registration system. If the examination is conducted in-person, the Office will stamp the date of the appointment on the copies and will return them to the applicant when the examination is complete.

Dated: February 3, 2021.
Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office.
Approved by:
Carla D. Hayden, Librarian of Congress.
FR Doc. 202103097 Filed 21821; 8:45 am BILLING CODE 141030P

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