Disruption of Copyright Office Electronic Systems, 12326-12328 [2017-03907]

Download as PDF 12326 Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules Signed at Washington, DC, this 27th day of February 2017. Timothy D. Hauser, Deputy Assistant Secretary for Program Operations, Employee Benefits Security Administration, Department of Labor. [FR Doc. 2017–04096 Filed 3–1–17; 8:45 am] BILLING CODE 4510–29–P LIBRARY OF CONGRESS U.S. Copyright Office 37 CFR Part 201 [Docket No. 2017–4] Disruption of Copyright Office Electronic Systems U.S. Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking. AGENCY: The U.S. Copyright Office is proposing to amend its regulations governing delays in the receipt of material caused by the disruption of postal or other transportation or communication services. As proposed, the amended rule would, for the first time, specifically address the effect of a disruption or suspension of any Copyright Office electronic system on the Office’s receipt of applications, fees, deposits, or other materials, and the assignment of a constructive date of receipt to such materials. The proposed rule would also make various revisions to the existing portions of the rule for usability and readability. In addition, the proposed rule would specify how the Office will assign effective dates of receipt when a specific submission is lost in the absence of a declaration of disruption, as might occur during the security screening procedures used for mail that is delivered to the Office. DATES: Written comments must be received no later than 11:59 p.m. Eastern Time on April 3, 2017. ADDRESSES: For reasons of government efficiency, the Copyright Office is using the regulations.gov system for the submission and posting of public comments in this proceeding. All comments are therefore to be submitted electronically through regulations.gov. Specific instructions for submitting comments are available on the Copyright Office Web site at https:// copyright.gov/rulemaking/eoutages. If electronic submission of comments is not feasible due to lack of access to a computer and/or the internet, please contact the Office using the contact information below for special instructions. pmangrum on DSK3GDR082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 13:51 Mar 01, 2017 Jkt 241001 FOR FURTHER INFORMATION CONTACT: Anna Chauvet, Assistant General Counsel, by email at achau@loc.gov, or by telephone at 202–707–8350. SUPPLEMENTARY INFORMATION: Section 709 of the Copyright Act (title 17, United States Code) addresses the situation where the ‘‘general disruption or suspension of postal or other transportation or communications services’’ prevents the timely receipt by the Office of ‘‘a deposit, application, fee, or any other material.’’ In such situations, and ‘‘on the basis of such evidence as the Register may by regulation require,’’ the Register of Copyrights may deem the receipt of such material to be timely, so long as it is actually received ‘‘within one month after the date on which the Register determines that the disruption or suspension of such services has terminated.’’ 17 U.S.C. 709. In addition, section 702 of the Copyright Act authorizes the Register to ‘‘establish regulations not inconsistent with law for the administration of the functions and duties made the responsibility of the Register under this title.’’ 17 U.S.C. 702. The Copyright Office’s regulations implementing section 709 can be found in 37 CFR 201.8. When the U.S. Copyright Office first promulgated these regulations, many of the Office’s current electronic systems did not exist, and the regulations were not amended to specifically address outages of such systems. In 2015, the Office’s online system used to register initial copyright claims was disrupted for over a week due to an equipment failure, highlighting the need for the Office to update its regulations to address the effect of a disruption or suspension of any Copyright Office electronic system on the Office’s receipt of applications, fees, deposits, or any other materials. Assigning a date of receipt based on the date materials would have been received but for the disruption of a Copyright Office electronic system is important in a number of contexts. For example, thousands of copyright claims are filed each year using the Office’s electronic filing system, and the effective date of registration of a copyright is the date the application, fees, and deposit are received by the Copyright Office. 17 U.S.C. 410(d). That date can affect the copyright owner’s rights and remedies, such as eligibility for statutory damages and attorney’s fees. See 17 U.S.C. 412 (statutory damages and attorney’s fees available only for works with effective date of registration prior to commencement of infringement or, for published works, within three months of first publication PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 of the work). In addition, certain filings may be submitted to the Office only in electronic form. See 37 CFR 201.38 (online service providers must designate an agent to receive notifications of claimed copyright infringement through the Copyright Office’s Web site). The proposed rule accordingly makes several updates to 37 CFR 201.8 to account for electronic outages. Among other things, the proposed rule allows the Register to assign, as the date of receipt, the date on which she determines the material would have been received but for the disruption or suspension of the electronic system. Ordinarily, when a person submits materials through a Copyright Office electronic system, those materials are received in the Copyright Office on the date the submission was made. In cases where a person attempts to submit materials, but is unable to do so because of a disruption or suspension of a Copyright Office electronic system, the proposed rule will allow the Register to use the date that the attempt was made as the date of receipt. In cases where it is unclear when the attempt was made, the proposed rule provides the Register with discretion to determine the effective date of receipt on a case-bycase basis. In addition, the proposed rule makes several changes to update the rule to account for more recent practices, and improve the usability and readability of the regulation. For instance, the proposed rule comprehensively updates paragraph (c) of section 201.8, which specifies the deadline for requesting an adjustment of the date of receipt in cases where a person attempted to submit material to the Office but was unable to do so due to the suspension or disruption of a Copyright Office electronic system. In the past, most materials were submitted to the Office on paper. Permitting the submission of requests prior to the issuance of the certificate of registration or recordation would have imposed unacceptable burdens on the Office due to difficulties in locating the pending applications or submissions to which the requests pertained. Now that the Office has implemented electronic systems, it is easier to make date adjustments, such as correcting the effective date of registration or date of recordation, while the application or submission is still pending. Accordingly, the Office proposes that persons seeking to adjust the date of receipt of any material that could not be submitted electronically due to a disruption or suspension of an Office electronic system, should be permitted to submit a request up to one year after the date on which the E:\FR\FM\02MRP1.SGM 02MRP1 Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules disruption or suspension has terminated under section 201.8(a). Finally, the proposed rule adds sections 201.8(b)(2) and (c)(2), which address a related issue. On occasion, a person may deliver or attempt to deliver material to the Office, but the Office may have no record of having received such material or may have lost or misplaced that material after it was received. Although such situations are rare, they do occur occasionally as mail delivered to the Copyright Office must go through extensive security screening. If the person provides satisfactory evidence that he or she sent that material to the Office, the proposed rule would allow the Register to assign, as the date of receipt, the date on which the material would have been received. Such a request must be made no later than one year after the person delivered or attempted to deliver the application, fee, deposit, or other material to the Copyright Office. As a technical matter, these provisions do not implement section 709, which pertains to a general disruption of postal or other services; rather, the Office is implementing these provisions as an exercise of its general regulatory authority under section 702 of the Copyright Act. List of Subjects in 37 CFR Part 201 Copyright. Proposed Regulations For the reasons set forth in the preamble, the Copyright Office proposes amending 37 CFR part 201 as follows: PART 201—GENERAL PROVISIONS 1. The authority citation for part 201 continues to read as follows: ■ Authority: 17 U.S.C. 702. § 201.8 [Amended] 2. Amend § 201.8 as follows: a. Revise paragraphs (a), (b) and (c); b. In paragraph (d), add ‘‘Return of certificate.’’ before ‘‘In cases’’, remove ‘‘in which’’ and add in its place ‘‘where’’, and add ‘‘under paragraph (b)’’ after ‘‘along with the request’’. ■ c. Revise paragraph (e) introductory text. ■ d. In paragraph (e)(1), add a comma after ‘‘Priority Mail’’. ■ e. In paragraph (e)(2), add a semicolon after ‘‘Copyright Office’’. ■ f. In paragraph (e)(2)(ii), remove ‘‘2’’ and add in its place ‘‘two’’. ■ g. Revise paragraphs (e)(3) and (e)(4); ■ h. Revise paragraph (f) introductory text. ■ i. In paragraph (f)(4), remove the period at the end of the sentence and replace it with a semicolon. pmangrum on DSK3GDR082PROD with PROPOSALS ■ ■ ■ VerDate Sep<11>2014 13:51 Mar 01, 2017 Jkt 241001 j. Add paragraph (f)(5). k. Remove paragraph (g). l. Add authority citation to the end of the section. The revisions and additions read as follows: ■ ■ ■ § 201.8 Disruption of postal or other transportation or communication services. (a) Declaration of disruption. For purposes of 17 U.S.C. 709, when the Register has determined that there is or has been a general disruption or suspension of postal or other transportation or communications services, including a disruption or suspension of a Copyright Office electronic system, that has delayed the receipt by the Copyright Office of applications, fees, deposits, or any other materials, the Register shall publish an announcement of that determination, stating the date on which the disruption or suspension commenced. The announcement may, if appropriate, limit the means of delivery that are subject to relief pursuant to section 709. Following the cessation of the disruption or suspension of services, the Register shall publish an announcement stating the date on which the disruption or suspension has terminated, and may provide specific instructions on how to make a request under paragraph (b)(1). (b) Request for earlier filing date due to disruption. (1) When the Register has declared a disruption. When the Register has made a declaration of disruption under paragraph (a) of this section, any person who, in compliance with any instructions provided by the Register, provides satisfactory evidence as described in paragraph (e) of this section that he or she attempted to deliver an application, fee, deposit, or other material to the Copyright Office, but that receipt by the Copyright Office was delayed due to a general disruption or suspension of postal or other transportation or communications services announced under paragraph (a), shall be assigned, as the date of receipt of the application, fee, deposit, or other material, the date on which the Register determines the material would have been received but for the disruption or suspension of services, so long as the application, fee, deposit, or other material was actually received in the Copyright Office within one month after the date the Register identifies pursuant to paragraph (a) of this section that disruption or suspension of services has terminated. Such requests should be mailed to the address specified in § 201.1(c)(1), or through any other delivery method the Register specifies in a published announcement under paragraph (a) of this section. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 12327 (2) With respect to disruption affecting specific submission. In the absence of a declaration of disruption under paragraph (a) of this section, any person who provides satisfactory evidence as described in paragraph (e) of this section that he or she delivered or attempted to deliver an application, fee, deposit, or other material to the Copyright Office, but that the Office did not receive that material or that it was lost or misplaced by the Office after its delivery to the Office, shall be assigned, as the date of receipt, the date that the Register determines that the material was received or would have been received. Such requests may be mailed to the address specified in § 201.1(c)(1), or through any other delivery method specified by the Copyright Office. (c) Timing. (1) A request under paragraph (b)(1) of this section shall be made no earlier than the date on which the Register publishes the announcement under paragraph (a) declaring that the disruption or suspension has terminated, and no later than one year after the publication of that announcement. (2) A request under paragraph (b)(2) of this section shall be made no later than one year after the person delivered or attempted to deliver the application, fee, deposit, or other material to the Copyright Office. * * * * * (e) Satisfactory evidence. In all cases the Register shall have discretion in determining whether materials submitted with a request under paragraph (b) of this section constitute satisfactory evidence. For purposes of paragraph (b) of this section, satisfactory evidence may include: * * * * * (3) A statement under penalty of perjury, pursuant to 28 U.S.C. 1746, from a person with actual knowledge of the facts relating to the attempt to deliver the material to the Copyright Office, setting forth with particularity facts which satisfy the Register that in the absence of the general disruption or suspension of postal or other transportation or communications services, including a disruption or suspension of a Copyright Office electronic system, or but for the misdelivery, misplacement, or loss of materials sent to the Copyright Office, the material would have been received by the Copyright Office by a particular date; or (4) Other documentary evidence which the Register deems equivalent to the evidence set forth in paragraphs (e)(1) and (2) of this section. E:\FR\FM\02MRP1.SGM 02MRP1 12328 Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules (f) Presumption of receipt. For purposes of paragraph (b) of this section, the Register shall presume that but for the general disruption or suspension of postal or other transportation or communications services, including a disruption or suspension of a Copyright Office electronic system, or but for the misdelivery, misplacement, or loss of materials sent to the Copyright Office;: * * * * * (5) Materials submitted or attempted to be submitted through a Copyright Office electronic system would have been received in the Copyright Office on the date the attempt was made. If it is unclear when an attempt was made, the Register will determine the effective date of receipt on a case-by-case basis. (17 U.S.C. 702, 709) Dated: February 23, 2017. Sarang V. Damle, General Counsel and Associate Register of Copyrights. [FR Doc. 2017–03907 Filed 3–1–17; 8:45 am] BILLING CODE 1410–30–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 52 [EPA–R04–OAR–2016–0748; FRL–9959–07– Region 4] Air Plan Approvals; TN; Prong 4–2010 NO2, SO2, and 2012 PM2.5 NAAQS Environmental Protection Agency. ACTION: Proposed rule. AGENCY: The Environmental Protection Agency (EPA) is proposing to conditionally approve the visibility transport (prong 4) portions of revisions to the Tennessee State Implementation Plan (SIP), submitted by the Tennessee Department of Environment and Conservation (TDEC), addressing the Clean Air Act (CAA or Act) infrastructure SIP requirements for the 2010 1-hour Nitrogen Dioxide (NO2), 2010 1-hour Sulfur Dioxide (SO2), and 2012 annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standards (NAAQS). The CAA requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each NAAQS promulgated by EPA, commonly referred to as an ‘‘infrastructure SIP.’’ Specifically, EPA is proposing to conditionally approve the prong 4 portions of Tennessee’s March 13, 2014, 2010 1-hour NO2 and 2010 1-hour SO2 infrastructure SIP submission and pmangrum on DSK3GDR082PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 13:51 Mar 01, 2017 Jkt 241001 December 16, 2015, 2012 annual PM2.5 infrastructure SIP submission. All other applicable infrastructure requirements for these SIP submissions have been or will be addressed in separate rulemakings. DATES: Comments must be received on or before April 3, 2017. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R04– OAR–2016–0748 at http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets. FOR FURTHER INFORMATION CONTACT: Sean Lakeman of the Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303–8960. Mr. Lakeman can be reached by telephone at (404) 562–9043 or via electronic mail at lakeman.sean@epa.gov. SUPPLEMENTARY INFORMATION: I. Background By statute, SIPs meeting the requirements of sections 110(a)(1) and (2) of the CAA are to be submitted by states within three years after promulgation of a new or revised NAAQS to provide for the implementation, maintenance, and enforcement of the new or revised NAAQS. EPA has historically referred to these SIP submissions made for the purpose of satisfying the requirements of sections 110(a)(1) and 110(a)(2) as ‘‘infrastructure SIP’’ submissions. Sections 110(a)(1) and (2) require states to address basic SIP elements such as for monitoring, basic program PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 requirements, and legal authority that are designed to assure attainment and maintenance of the newly established or revised NAAQS. More specifically, section 110(a)(1) provides the procedural and timing requirements for infrastructure SIPs. Section 110(a)(2) lists specific elements that states must meet for the infrastructure SIP requirements related to a newly established or revised NAAQS. The contents of an infrastructure SIP submission may vary depending upon the data and analytical tools available to the state, as well as the provisions already contained in the state’s implementation plan at the time in which the state develops and submits the submission for a new or revised NAAQS. Section 110(a)(2)(D) has two components: 110(a)(2)(D)(i) and 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i) includes four distinct components, commonly referred to as ‘‘prongs,’’ that must be addressed in infrastructure SIP submissions. The first two prongs, which are codified in section 110(a)(2)(D)(i)(I), are provisions that prohibit any source or other type of emissions activity in one state from contributing significantly to nonattainment of the NAAQS in another state (prong 1) and from interfering with maintenance of the NAAQS in another state (prong 2). The third and fourth prongs, which are codified in section 110(a)(2)(D)(i)(II), are provisions that prohibit emissions activity in one state from interfering with measures required to prevent significant deterioration of air quality in another state (prong 3) or from interfering with measures to protect visibility in another state (prong 4). Section 110(a)(2)(D)(ii) requires SIPs to include provisions insuring compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement. Through this action, EPA is proposing to conditionally approve the prong 4 portions of Tennessee’s infrastructure SIP submissions for the 2010 1-hour NO2, 2010 1-hour SO2, and 2012 annual PM2.5 NAAQS. All other applicable infrastructure SIP requirements for these SIP submissions have been or will be addressed in separate rulemakings. A brief background regarding the NAAQS relevant to today’s proposal is provided below. For comprehensive information on these NAAQS, please refer to the Federal Register notices cited in the following subsections. a. 2010 1-Hour NO2 NAAQS On January 22, 2010, EPA established a new 1-hour primary NAAQS for NO2 at a level of 100 parts per billion, based E:\FR\FM\02MRP1.SGM 02MRP1

Agencies

[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Proposed Rules]
[Pages 12326-12328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03907]


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LIBRARY OF CONGRESS

U.S. Copyright Office

37 CFR Part 201

[Docket No. 2017-4]


Disruption of Copyright Office Electronic Systems

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The U.S. Copyright Office is proposing to amend its 
regulations governing delays in the receipt of material caused by the 
disruption of postal or other transportation or communication services. 
As proposed, the amended rule would, for the first time, specifically 
address the effect of a disruption or suspension of any Copyright 
Office electronic system on the Office's receipt of applications, fees, 
deposits, or other materials, and the assignment of a constructive date 
of receipt to such materials. The proposed rule would also make various 
revisions to the existing portions of the rule for usability and 
readability. In addition, the proposed rule would specify how the 
Office will assign effective dates of receipt when a specific 
submission is lost in the absence of a declaration of disruption, as 
might occur during the security screening procedures used for mail that 
is delivered to the Office.

DATES: Written comments must be received no later than 11:59 p.m. 
Eastern Time on April 3, 2017.

ADDRESSES: For reasons of government efficiency, the Copyright Office 
is using the regulations.gov system for the submission and posting of 
public comments in this proceeding. All comments are therefore to be 
submitted electronically through regulations.gov. Specific instructions 
for submitting comments are available on the Copyright Office Web site 
at https://copyright.gov/rulemaking/eoutages. If electronic submission 
of comments is not feasible due to lack of access to a computer and/or 
the internet, please contact the Office using the contact information 
below for special instructions.

FOR FURTHER INFORMATION CONTACT: Anna Chauvet, Assistant General 
Counsel, by email at achau@loc.gov, or by telephone at 202-707-8350.

SUPPLEMENTARY INFORMATION: Section 709 of the Copyright Act (title 17, 
United States Code) addresses the situation where the ``general 
disruption or suspension of postal or other transportation or 
communications services'' prevents the timely receipt by the Office of 
``a deposit, application, fee, or any other material.'' In such 
situations, and ``on the basis of such evidence as the Register may by 
regulation require,'' the Register of Copyrights may deem the receipt 
of such material to be timely, so long as it is actually received 
``within one month after the date on which the Register determines that 
the disruption or suspension of such services has terminated.'' 17 
U.S.C. 709. In addition, section 702 of the Copyright Act authorizes 
the Register to ``establish regulations not inconsistent with law for 
the administration of the functions and duties made the responsibility 
of the Register under this title.'' 17 U.S.C. 702.
    The Copyright Office's regulations implementing section 709 can be 
found in 37 CFR 201.8. When the U.S. Copyright Office first promulgated 
these regulations, many of the Office's current electronic systems did 
not exist, and the regulations were not amended to specifically address 
outages of such systems. In 2015, the Office's online system used to 
register initial copyright claims was disrupted for over a week due to 
an equipment failure, highlighting the need for the Office to update 
its regulations to address the effect of a disruption or suspension of 
any Copyright Office electronic system on the Office's receipt of 
applications, fees, deposits, or any other materials.
    Assigning a date of receipt based on the date materials would have 
been received but for the disruption of a Copyright Office electronic 
system is important in a number of contexts. For example, thousands of 
copyright claims are filed each year using the Office's electronic 
filing system, and the effective date of registration of a copyright is 
the date the application, fees, and deposit are received by the 
Copyright Office. 17 U.S.C. 410(d). That date can affect the copyright 
owner's rights and remedies, such as eligibility for statutory damages 
and attorney's fees. See 17 U.S.C. 412 (statutory damages and 
attorney's fees available only for works with effective date of 
registration prior to commencement of infringement or, for published 
works, within three months of first publication of the work). In 
addition, certain filings may be submitted to the Office only in 
electronic form. See 37 CFR 201.38 (online service providers must 
designate an agent to receive notifications of claimed copyright 
infringement through the Copyright Office's Web site).
    The proposed rule accordingly makes several updates to 37 CFR 201.8 
to account for electronic outages. Among other things, the proposed 
rule allows the Register to assign, as the date of receipt, the date on 
which she determines the material would have been received but for the 
disruption or suspension of the electronic system. Ordinarily, when a 
person submits materials through a Copyright Office electronic system, 
those materials are received in the Copyright Office on the date the 
submission was made. In cases where a person attempts to submit 
materials, but is unable to do so because of a disruption or suspension 
of a Copyright Office electronic system, the proposed rule will allow 
the Register to use the date that the attempt was made as the date of 
receipt. In cases where it is unclear when the attempt was made, the 
proposed rule provides the Register with discretion to determine the 
effective date of receipt on a case-by-case basis.
    In addition, the proposed rule makes several changes to update the 
rule to account for more recent practices, and improve the usability 
and readability of the regulation. For instance, the proposed rule 
comprehensively updates paragraph (c) of section 201.8, which specifies 
the deadline for requesting an adjustment of the date of receipt in 
cases where a person attempted to submit material to the Office but was 
unable to do so due to the suspension or disruption of a Copyright 
Office electronic system. In the past, most materials were submitted to 
the Office on paper. Permitting the submission of requests prior to the 
issuance of the certificate of registration or recordation would have 
imposed unacceptable burdens on the Office due to difficulties in 
locating the pending applications or submissions to which the requests 
pertained. Now that the Office has implemented electronic systems, it 
is easier to make date adjustments, such as correcting the effective 
date of registration or date of recordation, while the application or 
submission is still pending. Accordingly, the Office proposes that 
persons seeking to adjust the date of receipt of any material that 
could not be submitted electronically due to a disruption or suspension 
of an Office electronic system, should be permitted to submit a request 
up to one year after the date on which the

[[Page 12327]]

disruption or suspension has terminated under section 201.8(a).
    Finally, the proposed rule adds sections 201.8(b)(2) and (c)(2), 
which address a related issue. On occasion, a person may deliver or 
attempt to deliver material to the Office, but the Office may have no 
record of having received such material or may have lost or misplaced 
that material after it was received. Although such situations are rare, 
they do occur occasionally as mail delivered to the Copyright Office 
must go through extensive security screening. If the person provides 
satisfactory evidence that he or she sent that material to the Office, 
the proposed rule would allow the Register to assign, as the date of 
receipt, the date on which the material would have been received. Such 
a request must be made no later than one year after the person 
delivered or attempted to deliver the application, fee, deposit, or 
other material to the Copyright Office. As a technical matter, these 
provisions do not implement section 709, which pertains to a general 
disruption of postal or other services; rather, the Office is 
implementing these provisions as an exercise of its general regulatory 
authority under section 702 of the Copyright Act.

List of Subjects in 37 CFR Part 201

    Copyright.

Proposed Regulations

    For the reasons set forth in the preamble, the Copyright Office 
proposes amending 37 CFR part 201 as follows:

PART 201--GENERAL PROVISIONS

0
1. The authority citation for part 201 continues to read as follows:

    Authority:  17 U.S.C. 702.


Sec.  201.8   [Amended]

0
2. Amend Sec.  201.8 as follows:
0
a. Revise paragraphs (a), (b) and (c);
0
b. In paragraph (d), add ``Return of certificate.'' before ``In 
cases'', remove ``in which'' and add in its place ``where'', and add 
``under paragraph (b)'' after ``along with the request''.
0
c. Revise paragraph (e) introductory text.
0
d. In paragraph (e)(1), add a comma after ``Priority Mail''.
0
e. In paragraph (e)(2), add a semicolon after ``Copyright Office''.
0
f. In paragraph (e)(2)(ii), remove ``2'' and add in its place ``two''.
0
g. Revise paragraphs (e)(3) and (e)(4);
0
h. Revise paragraph (f) introductory text.
0
i. In paragraph (f)(4), remove the period at the end of the sentence 
and replace it with a semicolon.
0
j. Add paragraph (f)(5).
0
k. Remove paragraph (g).
0
l. Add authority citation to the end of the section.
    The revisions and additions read as follows:


Sec.  201.8  Disruption of postal or other transportation or 
communication services.

    (a) Declaration of disruption. For purposes of 17 U.S.C. 709, when 
the Register has determined that there is or has been a general 
disruption or suspension of postal or other transportation or 
communications services, including a disruption or suspension of a 
Copyright Office electronic system, that has delayed the receipt by the 
Copyright Office of applications, fees, deposits, or any other 
materials, the Register shall publish an announcement of that 
determination, stating the date on which the disruption or suspension 
commenced. The announcement may, if appropriate, limit the means of 
delivery that are subject to relief pursuant to section 709. Following 
the cessation of the disruption or suspension of services, the Register 
shall publish an announcement stating the date on which the disruption 
or suspension has terminated, and may provide specific instructions on 
how to make a request under paragraph (b)(1).
    (b) Request for earlier filing date due to disruption. (1) When the 
Register has declared a disruption. When the Register has made a 
declaration of disruption under paragraph (a) of this section, any 
person who, in compliance with any instructions provided by the 
Register, provides satisfactory evidence as described in paragraph (e) 
of this section that he or she attempted to deliver an application, 
fee, deposit, or other material to the Copyright Office, but that 
receipt by the Copyright Office was delayed due to a general disruption 
or suspension of postal or other transportation or communications 
services announced under paragraph (a), shall be assigned, as the date 
of receipt of the application, fee, deposit, or other material, the 
date on which the Register determines the material would have been 
received but for the disruption or suspension of services, so long as 
the application, fee, deposit, or other material was actually received 
in the Copyright Office within one month after the date the Register 
identifies pursuant to paragraph (a) of this section that disruption or 
suspension of services has terminated. Such requests should be mailed 
to the address specified in Sec.  201.1(c)(1), or through any other 
delivery method the Register specifies in a published announcement 
under paragraph (a) of this section.
    (2) With respect to disruption affecting specific submission. In 
the absence of a declaration of disruption under paragraph (a) of this 
section, any person who provides satisfactory evidence as described in 
paragraph (e) of this section that he or she delivered or attempted to 
deliver an application, fee, deposit, or other material to the 
Copyright Office, but that the Office did not receive that material or 
that it was lost or misplaced by the Office after its delivery to the 
Office, shall be assigned, as the date of receipt, the date that the 
Register determines that the material was received or would have been 
received. Such requests may be mailed to the address specified in Sec.  
201.1(c)(1), or through any other delivery method specified by the 
Copyright Office.
    (c) Timing. (1) A request under paragraph (b)(1) of this section 
shall be made no earlier than the date on which the Register publishes 
the announcement under paragraph (a) declaring that the disruption or 
suspension has terminated, and no later than one year after the 
publication of that announcement.
    (2) A request under paragraph (b)(2) of this section shall be made 
no later than one year after the person delivered or attempted to 
deliver the application, fee, deposit, or other material to the 
Copyright Office.
* * * * *
    (e) Satisfactory evidence. In all cases the Register shall have 
discretion in determining whether materials submitted with a request 
under paragraph (b) of this section constitute satisfactory evidence. 
For purposes of paragraph (b) of this section, satisfactory evidence 
may include:
* * * * *
    (3) A statement under penalty of perjury, pursuant to 28 U.S.C. 
1746, from a person with actual knowledge of the facts relating to the 
attempt to deliver the material to the Copyright Office, setting forth 
with particularity facts which satisfy the Register that in the absence 
of the general disruption or suspension of postal or other 
transportation or communications services, including a disruption or 
suspension of a Copyright Office electronic system, or but for the 
misdelivery, misplacement, or loss of materials sent to the Copyright 
Office, the material would have been received by the Copyright Office 
by a particular date; or
    (4) Other documentary evidence which the Register deems equivalent 
to the evidence set forth in paragraphs (e)(1) and (2) of this section.

[[Page 12328]]

    (f) Presumption of receipt. For purposes of paragraph (b) of this 
section, the Register shall presume that but for the general disruption 
or suspension of postal or other transportation or communications 
services, including a disruption or suspension of a Copyright Office 
electronic system, or but for the misdelivery, misplacement, or loss of 
materials sent to the Copyright Office;:
* * * * *
    (5) Materials submitted or attempted to be submitted through a 
Copyright Office electronic system would have been received in the 
Copyright Office on the date the attempt was made. If it is unclear 
when an attempt was made, the Register will determine the effective 
date of receipt on a case-by-case basis.


(17 U.S.C. 702, 709)

    Dated: February 23, 2017.
Sarang V. Damle,
General Counsel and Associate Register of Copyrights.
[FR Doc. 2017-03907 Filed 3-1-17; 8:45 am]
 BILLING CODE 1410-30-P