Group Registration of Newspapers, 60917-60918 [2019-24450]

Download as PDF Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Rules and Regulations Executive Orders, and we discuss First Amendment rights of protesters. A. Regulatory Planning and Review Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This rule has not been designated a ‘‘significant regulatory action,’’ under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget (OMB) and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the fact that the bridge was converted to a fixed bridge and no longer operates as a drawbridge. The removal of the operating schedule from 33 CFR 117 Subpart B will have no effect on the movement of waterway or land traffic. B. Impact on Small Entities The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601–612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term ‘‘small entities’’ comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities. For the reasons stated in section V.A above this final rule would not have a significant economic impact on any vessel owner or operator. Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. Small businesses may send comments on the actions of Federal employees who enforce, or otherwise determine compliance with, Federal regulations to the Small Business and Agriculture Regulatory Enforcement Ombudsman and the Regional Small Business VerDate Sep<11>2014 16:14 Nov 08, 2019 Jkt 250001 Regulatory Fairness Boards. The Ombudsman evaluates these actions annually and rates each agency’s responsiveness to small business. If you wish to comment on actions by employees of the Coast Guard, call 1–888–REG–FAIR (1–888–734–3247). The Coast Guard will not retaliate against small entities that question or complain about this rule or any policy or action of the Coast Guard. C. Collection of Information This rule calls for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501– 3520). D. Federalism and Indian Tribal Government A rule has implications for federalism under Executive Order 13132, Federalism, if it has a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. We have analyzed this rule under that Order and have determined that it is consistent with the fundamental federalism principles and preemption requirements described in Executive Order 13132. Also, this rule does not have tribal implications under Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, because it does not have a substantial direct effect on one or more Indian tribes, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes. E. Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble. F. Environment We have analyzed this rule under Department of Homeland Security Management Directive 023–01, U.S. Coast Guard Environmental Planning Policy COMDTINST 5090.1 (series) and U.S. Coast Guard Environmental Planning Implementation Procedures (series) which guide the Coast Guard in PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 60917 complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321–4370f). We have made a determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule promulgates the operating regulations or procedures for drawbridges. This action is categorically excluded from further review, under paragraph L49, of Chapter 3, Table 3–1 of the U.S. Coast Guard Environmental Planning Implementation Procedures. A preliminary Record of Environmental Consideration and a Memorandum for the Record are not required for this rule. G. Protest Activities The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the FOR FURTHER INFORMATION CONTACT section to coordinate protest activities so that your message can be received without jeopardizing the safety or security of people, places or vessels. List of Subjects in 33 CFR Part 117 Bridges. For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 117 as follows: PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: ■ Authority: 33 U.S.C. 499; 33 CFR 1.05–1; Department of Homeland Security Delegation No. 0170.1. § 117.295 ■ [Removed] 2. Remove § 117.295. Dated: November 5, 2019. Eric C. Jones, Rear Admiral, U.S. Coast Guard, Commander, Seventh Coast Guard District. [FR Doc. 2019–24467 Filed 11–8–19; 8:45 am] BILLING CODE 9110–04–P LIBRARY OF CONGRESS Copyright Office 37 CFR Parts 201 and 202 [Docket No. 2017–16] Group Registration of Newspapers U.S. Copyright Office, Library of Congress. ACTION: Final rule. AGENCY: E:\FR\FM\12NOR1.SGM 12NOR1 60918 Federal Register / Vol. 84, No. 218 / Tuesday, November 12, 2019 / Rules and Regulations The U.S. Copyright Office is amending its regulation governing the group registration option for newspapers. Under the current regulation, applicants are required to upload a complete copy of each newspaper issue through the Office’s electronic registration system. Applicants may also submit their newspaper issues on microfilm on a voluntary basis (in addition to and at the same time as submitting the required digital files), provided the microfilm is received by December 31, 2019. The microfilm option expires at the end of this year; therefore, today’s final rule eliminates the reference to that option. SUMMARY: DATES: Effective January 1, 2020. FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and Associate Register of Copyrights, or Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, or Erik Bertin, Deputy Director of Registration Policy and Practice, by email at regans@ copyright.gov, rkas@copyright.gov, and ebertin@copyright.gov or by telephone at (202) 707–8350. When Congress enacted the Copyright Act of 1976 (the ‘‘Act’’), it authorized the Register of Copyrights to specify by regulation the administrative classes of works for the purpose of seeking a registration, and the nature of the deposits required for each such class. In addition, Congress granted the Register the discretion to allow groups of related works to be registered with one application and one filing fee. See 17 U.S.C. 408(c)(1). Congress cited ‘‘the various editions or issues of a daily newspaper’’ as a specific example of a ‘‘group of related works’’ that would be suitable for a group registration. H.R. Rep. No. 94–1476, at 153–54 (1976); S. Rep. No. 94–473, at 136 (1975). On January 30, 2018, the Copyright Office (the ‘‘Office’’) issued a final rule amending the regulation governing the group registration option for newspapers (‘‘GRNP’’). 83 FR 4144 (Jan. 30. 2018). The 2018 final rule modified the requirements for this group registration option in several respects, including the deposit requirements. Applicants are now required to upload their newspaper issues in digital form through the Office’s electronic registration system. In addition, applicants may submit microfilm containing a complete copy of each issue on a voluntary basis, provided the Office receives the microfilm by December 31, 2019. SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:14 Nov 08, 2019 Jkt 250001 The Office made these changes to improve the efficiency of the registration system and encourage broader participation in the registration system by reducing the burden on applicants. To that end, the Office provided a one-year phase out period for microfilm deposits to give publishers time to develop quality assurance testing for their digital submissions. These amendments went into effect on March 1, 2018. Since then, the number of microfilm submissions has steadily declined. For example, in March 2018 the Office received electronic deposits (without any microfilm) for 78% of the applications submitted under this group registration option. That number increased to 87% by the end of December 2018. The trend continued through July 2019, where digital deposit copies accounted for 92% of all GRNP applications. In fact, from May through July 2019 the Office received no microfilm submissions and compliance with the digital deposit requirement has been 100%. The microfilm option will expire at the end of this year, and based on the submissions received since March 2018, the Office sees no need to extend the phase out period. Accordingly, the Office is amending its regulations to remove the reference to the microfilm option. Because the updates are technical and non-substantive changes that do not ‘‘alter the rights or interests of parties,’’ they are not subject to the notice and comment requirements of the Administrative Procedure Act.1 Furthermore, the Office finds good cause that providing notice and comment is ‘‘unnecessary’’ because the changed requirements and phase-out period were adopted in a previous public proceeding; this final rule merely removes related obsolete language.2 List of Subjects Copyright, General provisions. 37 CFR Part 202 Copyright, Preregistration and registration of claims to copyright. Final Regulations For the reasons set forth in the preamble, the Copyright Office amends 37 CFR parts 201 and 202 as follows: 1 See Nat’l Mining Ass’n v. McCarthy, 758 F.3d 243, 250 (D.C. Cir. 2014); 5 U.S.C. 553(b) (notice and comment not required for ‘‘interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice’’). 2 See 5 U.S.C. 553(b). Frm 00036 Fmt 4700 1. The authority citation for part 201 continues to read as follows: ■ Authority: 17 U.S.C. 702. § 201.1 [Amended] 2. Amend § 201.1(c)(6) by removing ‘‘, and newspaper microfilm copies submitted under § 202.4(e) of this chapter,’’. ■ PART 202—PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT 3. The authority citation for part 202 continues to read as follows: ■ Authority: 17 U.S.C. 408(f), 702. § 202.4 [Amended] 4. Amend § 202.4 by removing paragraph (e)(6)(ii)(B) and redesignating paragraph (e)(6)(ii)(A) as paragraph (e)(6)(ii). ■ Dated: October 23, 2019. Karyn A. Temple, Register of Copyrights and Director of the U.S. Copyright Office. Approved by: Carla D. Hayden, Librarian of Congress. [FR Doc. 2019–24450 Filed 11–8–19; 8:45 am] BILLING CODE 1410–30–P LIBRARY OF CONGRESS U.S. Copyright Office 37 CFR Part 202 [Docket No. 2018–2] Group Registration of Serials U.S. Copyright Office, Library of Congress. ACTION: Final rule. AGENCY: The U.S. Copyright Office is amending its regulation governing the group registration option for serials. Under the current regulation, applicants may complete and submit the online application designated for a group of serial issues, or they may complete and submit a paper application using Form SE/Group, provided the Office receives the paper form by December 30, 2019. Applicants submitting Form SE/Group may submit a physical copy of each issue in the group; applicants using the online application may upload one electronic copy of each issue through the Office’s electronic registration system or they may submit one physical copy, provided the Office receives the physical copy by December 30, 2019. SUMMARY: 37 CFR Part 201 PO 00000 PART 201—GENERAL PROVISIONS Sfmt 4700 E:\FR\FM\12NOR1.SGM 12NOR1

Agencies

[Federal Register Volume 84, Number 218 (Tuesday, November 12, 2019)]
[Rules and Regulations]
[Pages 60917-60918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-24450]


=======================================================================
-----------------------------------------------------------------------

LIBRARY OF CONGRESS

Copyright Office

37 CFR Parts 201 and 202

[Docket No. 2017-16]


Group Registration of Newspapers

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

ACTION: Final rule.

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

[[Page 60918]]

SUMMARY: The U.S. Copyright Office is amending its regulation governing 
the group registration option for newspapers. Under the current 
regulation, applicants are required to upload a complete copy of each 
newspaper issue through the Office's electronic registration system. 
Applicants may also submit their newspaper issues on microfilm on a 
voluntary basis (in addition to and at the same time as submitting the 
required digital files), provided the microfilm is received by December 
31, 2019. The microfilm option expires at the end of this year; 
therefore, today's final rule eliminates the reference to that option.

DATES: Effective January 1, 2020.

FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and 
Associate Register of Copyrights, or Robert J. Kasunic, Associate 
Register of Copyrights and Director of Registration Policy and 
Practice, or Erik Bertin, Deputy Director of Registration Policy and 
Practice, by email at [email protected], [email protected], and 
[email protected] or by telephone at (202) 707-8350.

SUPPLEMENTARY INFORMATION: When Congress enacted the Copyright Act of 
1976 (the ``Act''), it authorized the Register of Copyrights to specify 
by regulation the administrative classes of works for the purpose of 
seeking a registration, and the nature of the deposits required for 
each such class. In addition, Congress granted the Register the 
discretion to allow groups of related works to be registered with one 
application and one filing fee. See 17 U.S.C. 408(c)(1). Congress cited 
``the various editions or issues of a daily newspaper'' as a specific 
example of a ``group of related works'' that would be suitable for a 
group registration. H.R. Rep. No. 94-1476, at 153-54 (1976); S. Rep. 
No. 94-473, at 136 (1975).
    On January 30, 2018, the Copyright Office (the ``Office'') issued a 
final rule amending the regulation governing the group registration 
option for newspapers (``GRNP''). 83 FR 4144 (Jan. 30. 2018). The 2018 
final rule modified the requirements for this group registration option 
in several respects, including the deposit requirements. Applicants are 
now required to upload their newspaper issues in digital form through 
the Office's electronic registration system. In addition, applicants 
may submit microfilm containing a complete copy of each issue on a 
voluntary basis, provided the Office receives the microfilm by December 
31, 2019.
    The Office made these changes to improve the efficiency of the 
registration system and encourage broader participation in the 
registration system by reducing the burden on applicants. To that end, 
the Office provided a one-year phase out period for microfilm deposits 
to give publishers time to develop quality assurance testing for their 
digital submissions.
    These amendments went into effect on March 1, 2018. Since then, the 
number of microfilm submissions has steadily declined. For example, in 
March 2018 the Office received electronic deposits (without any 
microfilm) for 78% of the applications submitted under this group 
registration option. That number increased to 87% by the end of 
December 2018. The trend continued through July 2019, where digital 
deposit copies accounted for 92% of all GRNP applications. In fact, 
from May through July 2019 the Office received no microfilm submissions 
and compliance with the digital deposit requirement has been 100%.
    The microfilm option will expire at the end of this year, and based 
on the submissions received since March 2018, the Office sees no need 
to extend the phase out period. Accordingly, the Office is amending its 
regulations to remove the reference to the microfilm option.
    Because the updates are technical and non-substantive changes that 
do not ``alter the rights or interests of parties,'' they are not 
subject to the notice and comment requirements of the Administrative 
Procedure Act.\1\ Furthermore, the Office finds good cause that 
providing notice and comment is ``unnecessary'' because the changed 
requirements and phase-out period were adopted in a previous public 
proceeding; this final rule merely removes related obsolete 
language.\2\
---------------------------------------------------------------------------

    \1\ See Nat'l Mining Ass'n v. McCarthy, 758 F.3d 243, 250 (D.C. 
Cir. 2014); 5 U.S.C. 553(b) (notice and comment not required for 
``interpretative rules, general statements of policy, or rules of 
agency organization, procedure, or practice'').
    \2\ See 5 U.S.C. 553(b).
---------------------------------------------------------------------------

List of Subjects

37 CFR Part 201

    Copyright, General provisions.

37 CFR Part 202

    Copyright, Preregistration and registration of claims to copyright.

Final Regulations

    For the reasons set forth in the preamble, the Copyright Office 
amends 37 CFR parts 201 and 202 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.  201.1   [Amended]

0
2. Amend Sec.  201.1(c)(6) by removing ``, and newspaper microfilm 
copies submitted under Sec.  202.4(e) of this chapter,''.

PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT

0
3. The authority citation for part 202 continues to read as follows:

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


Sec.  202.4   [Amended]

0
4. Amend Sec.  202.4 by removing paragraph (e)(6)(ii)(B) and 
redesignating paragraph (e)(6)(ii)(A) as paragraph (e)(6)(ii).

    Dated: October 23, 2019.
Karyn A. Temple,
Register of Copyrights and Director of the U.S. Copyright Office.
    Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2019-24450 Filed 11-8-19; 8:45 am]
 BILLING CODE 1410-30-P