Procedural Regulations of the Copyright Royalty Board Regarding Electronic Filing System (eCRB), 9462-9464 [2021-02474]
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Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Rules and Regulations
environment. This rule involves a safety
zone established to deal with an
emergency situation, lasting less than
one week, that will prohibit vessel
traffic near the hydrocarbon response
efforts in the vicinity of the Richmond
Long Wharf. It is categorically excluded
from further review under paragraph
L60(c) of Appendix A, Table 1 of DHS
Instruction Manual 023–01–001–01,
Rev. 1.
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 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
permitted by the COTP or the COTP’s
designated representative.
(3) Vessel operators desiring to enter
or operate within the safety zone must
contact the COTP or the COTP’s
designated representative to obtain
permission to do so. Vessel operators
given permission to enter or operate in
the safety zone must comply with all
lawful orders or directions given to
them by the COTP or the COTP’s
designated representative. Persons and
vessels may request permission to enter
the safety zone on VHF–23A or through
the 24-hour Command Center at
telephone (415) 399–3547.
(d) Enforcement period. This section
will be enforced from February 10, 2021
at 12:01 a.m. until Febuary 16, 2021 at
11:59 p.m. or as announced via marine
information broadcast.
(e) Information broadcasts. The COTP
or the COTP’s designated representative
will notify the maritime community of
periods during which this zone will be
enforced in accordance with 33 CFR
165.7.
Royalty Judges (Judges) published a
document in the Federal Register
seeking comments on a proposed rule to
add to Rule 303.5(c) a fourth category of
filer that would be required to obtain an
eCRB password: attorney designee. See
85 FR 84279 (Dec. 28, 2020). An
attorney designee would be defined as
‘‘a person authorized to file documents
on behalf of an attorney.’’ The proposed
rule also included non-substantive
changes to Rule 303.5.1 The Judges
received no comments. Therefore, for
the reasons indicated in the December
28, 2020 document, the Judges adopt the
changes and additions to part 303
proposed in that document, as detailed
in this final rule.
Dated: February 9, 2021.
Marie B. Byrd,
Captain, U.S. Coast Guard, Captain of the
Port, San Francisco.
PART 303—GENERAL
ADMINISTRATIVE PROVISIONS
[FR Doc. 2021–03101 Filed 2–11–21; 11:15 am]
Authority: 17 U.S.C. 803.
37 CFR Part 303
Procedural Regulations of the
Copyright Royalty Board Regarding
Electronic Filing System (eCRB)
§ 165.T11–048 Emergency Safety Zone;
Richmond Entrance Channel, Richmond,
CA.
khammond on DSKJM1Z7X2PROD with RULES
Copyright Royalty Board
[Docket No. 20–CRB–0013–RM]
2. Add § 165.T11–048 to read as
follows:
■
(a) Location. The following area is a
safety zone: All navigable waters 250
yards around the Richmond Long
Wharf, Richmond, CA.
(b) Definitions. As used in this
section, ‘‘designated representative’’
means a Coast Guard Patrol
Commander, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel or a
Federal, State, or local officer
designated by or assisting the Captain of
the Port San Francisco (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, you may not enter the safety
zone described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) The safety zone is closed to all
vessel traffic, except as may be
Copyright Royalty Board,
Library of Congress.
ACTION: Final rule.
AGENCY:
The Copyright Royalty Judges
are amending regulations governing the
electronic filing of documents through
the Copyright Royalty Board’s electronic
filing system (eCRB) to permit attorney
designees with approved eCRB user
accounts to file on behalf of attorneys.
DATES: Effective February 16, 2021.
ADDRESSES: Docket: For access to the
docket to read background documents,
go to eCRB at https://app.crb.gov and
perform a case search for docket 20–
CRB–0013–RM.
FOR FURTHER INFORMATION CONTACT:
Anita Blaine, CRB Program Specialist, at
202–707–7658 or crb@loc.gov.
SUPPLEMENTARY INFORMATION: On
December 28, 2020, the Copyright
SUMMARY:
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2. Revise § 303.5 to read as follows:
§ 303.5
LIBRARY OF CONGRESS
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 0170.1.
Jkt 253001
1. The authority citation for part 303
continues to read as follows:
■
■
1. The authority citation for part 165
continues to read as follows:
15:57 Feb 12, 2021
Final Regulations
For the reasons set forth in the
preamble, the Copyright Royalty Judges
amend 37 CFR part 303 as follows:
BILLING CODE 9110–04–P
■
VerDate Sep<11>2014
List of Subjects in 37 CFR Part 303
Administrative practice and
procedure, Copyright, Lawyers.
Electronic filing system (eCRB).
(a) Documents to be filed by electronic
means. Except as otherwise provided in
this chapter, all attorneys must file
documents with the Copyright Royalty
Board through eCRB. Pro se parties may
file documents with the Copyright
Royalty Board through eCRB, subject to
§ 303.4(c)(2).
(b) Official record. The electronic
version of a document filed through and
stored in eCRB will be the official
record of the Copyright Royalty Board.
(c) Obtaining an electronic filing
password—(1) Attorneys. An attorney
must register for an eCRB account and
create an eCRB password in order to file
documents or to receive copies of orders
and determinations of the Copyright
Royalty Judges. The attorney’s eCRB
account and password will be activated
upon approval by the Copyright Royalty
Board of the attorney’s completed
online application form available on the
eCRB website.
(2) Attorney designees. A person
authorized by an attorney to file
documents on behalf of that attorney (an
attorney designee) must register for an
eCRB account and create an eCRB
password in order to file documents on
1 See
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85 FR 84279.
16FER1
khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Rules and Regulations
the attorney’s behalf. The attorney
designee’s eCRB account and password
will be activated upon approval by the
Copyright Royalty Board of the attorney
designee’s completed online registration
form available on the eCRB website.
(3) Pro se parties. A party not
represented by an attorney (a pro se
party) may register for an eCRB account
and create an eCRB password. The pro
se party’s eCRB account and password
will be activated if the Copyright
Royalty Judges, in their discretion,
approve the pro se party’s completed
online application form available on the
eCRB website. Once a pro se party’s
application has been approved, that
party must make all subsequent filings
by electronic means through eCRB.
(4) Claimants. Any person desiring to
file a claim with the Copyright Royalty
Board for copyright royalties must
register for an eCRB account and create
an eCRB password for the limited
purpose of filing claims by completing
the registration form available on the
eCRB website.
(d) Use of an eCRB password. An
eCRB password may be used only by the
person to whom it is assigned. The
person to whom an eCRB password is
assigned is responsible for any
document filed using that password,
except that designating attorneys are
responsible for any document filed on
the attorney’s behalf by an attorney
designee.
(e) Signature. The use of an eCRB
password to log in and submit
documents creates an electronic record.
The password operates and serves as the
signature of the person to whom the
password is assigned for all purposes
under this chapter III, except that the
password of an attorney designee serves
as the signature of the designating
attorney on whose behalf the document
is filed.
(f) Originals of sworn documents. The
electronic filing of a document that
contains a sworn declaration,
verification, certificate, statement, oath,
or affidavit certifies that the original
signed document is in the possession of
the attorney or pro se party responsible
for the filing and that it is available for
review upon request by a party or by the
Copyright Royalty Judges. The filer must
file through eCRB a scanned copy of the
signature page of the sworn document
together with the document itself.
(g) Consent to delivery by electronic
means. An attorney or pro se party who
obtains an eCRB password consents to
electronic delivery of all documents,
subsequent to the petition to participate,
that are filed by electronic means
through eCRB. Attorneys and pro se
parties are responsible for monitoring
VerDate Sep<11>2014
15:57 Feb 12, 2021
Jkt 253001
their email accounts and, upon receipt
of notice of an electronic filing, for
retrieving the noticed filing. Parties and
their counsel bear the responsibility to
keep the contact information in their
eCRB profiles current.
(h) Accuracy of docket entry. A
person filing a document by electronic
means, or, if the filer is an attorney
designee, the designating attorney, is
responsible for ensuring the accuracy of
the official docket entry generated by
the eCRB system, including proper
identification of the proceeding, the
filing party, and the description of the
document. The Copyright Royalty Board
will maintain on its website
(www.loc.gov/crb) appropriate guidance
regarding naming protocols for eCRB
filers.
(i) Documents subject to a protective
order. A person filing a document by
electronic means must ensure, at the
time of filing, that any documents
subject to a protective order are
identified to the eCRB system as
‘‘restricted’’ documents. This
requirement is in addition to any
requirements detailed in the applicable
protective order. Failure to identify
documents as ‘‘restricted’’ to the eCRB
system may result in inadvertent
publication of sensitive, protected
material.
(j) Exceptions to requirement of
electronic filing—(1) Certain exhibits or
attachments. Parties may file in paper
form any exhibits or attachments that
are not in a format that readily permits
electronic filing, such as oversized
documents; or are illegible when
scanned into electronic format. Parties
filing paper documents or things
pursuant to this paragraph must deliver
legible or usable copies of the
documents or things in accordance with
§ 303.6(a)(2) and must file electronically
a notice of filing that includes a
certificate of delivery.
(2) Pro se parties. A pro se party may
file documents in paper form and must
deliver and accept delivery of
documents in paper form, unless the pro
se party has obtained an eCRB
password.
(k) Privacy requirements. (1) Unless
otherwise instructed by the Copyright
Royalty Judges, parties must exclude or
redact from all electronically filed
documents, whether designated
‘‘restricted’’ or not:
(i) Social Security numbers. If an
individual’s Social Security number
must be included in a filed document
for evidentiary reasons, the filer must
use only the last four digits of that
number.
(ii) Names of minor children. If a
minor child must be mentioned in a
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9463
document for evidentiary reasons, the
filer must use only the initials of that
child.
(iii) Dates of birth. If an individual’s
date of birth must be included in a
pleading for evidentiary reasons, the
filer must use only the year of birth.
(iv) Financial account numbers. If a
financial account number must be
included in a pleading for evidentiary
reasons, the filer must use only the last
four digits of the account identifier.
(2) Protection of personally
identifiable information. If any
information identified in paragraph
(k)(1) of this section must be included
in a filed document, the filing party
must treat it as confidential information
subject to the applicable protective
order. In addition, parties may treat as
confidential, and subject to the
applicable protective order, other
personal information that is not material
to the proceeding.
(l) Incorrectly filed documents. (1)
The Copyright Royalty Board may direct
an eCRB filer to re-file a document that
has been incorrectly filed, or to correct
an erroneous or inaccurate docket entry.
(2) If an attorney or a pro se party who
has been issued an eCRB password
inadvertently presents a document for
filing in paper form, the Copyright
Royalty Board may direct that person to
file the document electronically. The
document will be deemed filed on the
date it was first presented for filing if,
no later than the next business day after
being so directed by the Copyright
Royalty Board, the attorney or pro se
participant files the document
electronically. If the filer fails to make
the electronic filing on the next business
day, the document will be deemed filed
on the date of the electronic filing.
(m) Technical difficulties. (1) A filer
encountering technical problems with
an eCRB filing must immediately notify
the Copyright Royalty Board of the
problem either by email, or by
telephone, followed promptly by
written confirmation.
(2) If a filer is unable, due to technical
problems, to make a filing with eCRB by
an applicable deadline, and makes the
notification required by paragraph
(m)(1) of this section, the filer shall use
electronic mail to make the filing with
the Copyright Royalty Board and deliver
the filing to the other parties to the
proceeding. The filing shall be
considered to have been made at the
time it was filed by electronic mail. The
Copyright Royalty Judges may direct the
filer to refile the document through
eCRB when the technical problem has
been resolved, but the document shall
retain its original filing date.
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9464
Federal Register / Vol. 86, No. 29 / Tuesday, February 16, 2021 / Rules and Regulations
(3) The inability to complete an
electronic filing because of technical
problems arising in the eCRB system
may constitute ‘‘good cause’’ (as used in
§ 303.6(b)(4)) for an order enlarging time
or excusable neglect for the failure to act
within the specified time, provided the
filer complies with paragraph (m)(1) of
this section. This section does not
provide authority to extend statutory
time limits.
Dated: February 1, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021–02474 Filed 2–12–21; 8:45 am]
BILLING CODE 1410–72–P
POSTAL REGULATORY COMMISSION
39 CFR Part 3040
[Docket No. RM2020–8]
Update to Competitive Product List
Postal Regulatory Commission.
Final rule.
AGENCY:
ACTION:
The Commission is
announcing an update to the
competitive product list. This action
reflects a publication policy adopted by
Commission rules. The referenced
policy assumes periodic updates. The
updates are identified in the body of
this document. The competitive product
list, which is re-published in its
entirety, includes these updates.
DATES: This rule is effective April 2,
2021, without further action, unless
adverse comment is received by March
18, 2021. If adverse comment is
received, the Commission will publish a
timely withdrawal of the rule in the
Federal Register.
ADDRESSES: For additional information,
this document can be accessed
electronically through the Commission’s
website at https://www.prc.gov.
FOR FURTHER INFORMATION CONTACT:
David A. Trissell, General Counsel, at
202–789–6800.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
I. Introduction
II. Commission Process
III. Authorization
IV. Modifications
V. Ordering Paragraphs
I. Introduction
Pursuant to 39 U.S.C. 3642(d)(2) and
39 CFR 3040.103, the Commission
provides a Notice of Update to
Competitive Product List by listing all
VerDate Sep<11>2014
15:57 Feb 12, 2021
Jkt 253001
modifications to the competitive
product list between October 1, 2020
and December 31, 2020.
II. Commission Process
Pursuant to 39 CFR part 3040, the
Commission maintains a Mail
Classification Schedule (MCS) that
includes rates, fees, and product
descriptions for each market dominant
and competitive product, as well as
product lists that categorize Postal
Service products as either market
dominant or competitive. See generally
39 CFR part 3040. The product lists are
published in the Code of Federal
Regulations as 39 CFR Appendix A to
Subpart A of Part 3040—Market
Dominant Product List and Appendix B
to Subpart A of Part 3040—Competitive
Product List pursuant to 39 U.S.C.
3642(d)(2). See 39 U.S.C. 3642(d)(2).
Both the MCS and its product lists are
updated by the Commission on its
website on a quarterly basis.1 In
addition, these quarterly updates to the
product lists are also published in the
Federal Register pursuant to 39 CFR
3040.103. See 39 CFR 3040.103.
III. Authorization
Pursuant to 39 CFR 3040.103(d)(1),
this Notice of Update to Product Lists
identifies any modifications made to the
market dominant or competitive
product list, including product
additions, removals, and transfers.2
Pursuant to 39 CFR 3040.103(d)(2), the
modifications identified in this
document result from the Commission’s
most recent MCS update posted on the
Commission’s website on January 4,
2021, and supersede all previous
product lists.3
IV. Modifications
The following list of products is being
added to 39 CFR Appendix B to Subpart
A of Part 3040—Competitive Product
List:
1. First-Class Package Service Contract 113
2. First-Class Package Service Contract 114
3. Parcel Select Contract 38
4. Parcel Select Contract 39
5. Parcel Select Contract 40
6. Parcel Select Contract 41
7. Parcel Select Contract 42
1 See https://www.prc.gov/mail-classificationschedule in the Current MCS section.
2 39 CFR 3040.103(d)(1). More detailed
information (e.g., Docket Nos., Order Nos., effective
dates, and extensions) for each market dominant
and competitive product can be found in the MCS,
including the ‘‘Revision History’’ section. See, e.g.,
file ‘‘MCSRedline03312020.docx,’’ available at:
https://www.prc.gov/mail-classification-schedule.
3 Previous versions of the MCS and its product
lists can be found on the Commission’s website,
available at: https://www.prc.gov/mailclassification-schedule in the MCS Archives
section.
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8. Parcel Select Contract 43
9. Parcel Select Contract 44
10. Priority Mail & First-Class Package
Service Contract 168
11. Priority Mail & First-Class Package
Service Contract 169
12. Priority Mail & First-Class Package
Service Contract 170
13. Priority Mail & First-Class Package
Service Contract 171
14. Priority Mail & First-Class Package
Service Contract 172
15. Priority Mail & First-Class Package
Service Contract 173
16. Priority Mail & First-Class Package
Service Contract 174
17. Priority Mail & First-Class Package
Service Contract 175
18. Priority Mail & First-Class Package
Service Contract 176
19. Priority Mail & First-Class Package
Service Contract 177
20. Priority Mail & First-Class Package
Service Contract 178
21. Priority Mail & First-Class Package
Service Contract 179
22. Priority Mail & First-Class Package
Service Contract 180
23. Priority Mail & First-Class Package
Service Contract 181
24. Priority Mail & First-Class Package
Service Contract 182
25. Priority Mail & First-Class Package
Service Contract 183
26. Priority Mail Contract 664
27. Priority Mail Contract 665
28. Priority Mail Contract 666
29. Priority Mail Contract 667
30. Priority Mail Contract 668
31. Priority Mail Contract 669
32. Priority Mail Contract 670
33. Priority Mail Contract 671
34. Priority Mail Contract 672
35. Priority Mail Contract 673
36. Priority Mail Contract 674
37. Priority Mail Contract 675
38. Priority Mail Contract 676
39. Priority Mail Contract 677
40. Priority Mail Contract 678
41. Priority Mail Contract 679
42. Priority Mail Contract 680
43. Priority Mail Contract 681
44. Priority Mail Contract 682
45. Priority Mail Contract 683
46. Priority Mail Contract 684
47. Priority Mail Contract 685
48. Priority Mail Express & Priority Mail
Contract 118
49. Priority Mail Express & Priority Mail
Contract 119
50. Priority Mail Express & Priority Mail
Contract 120
51. Priority Mail Express & Priority Mail
Contract 121
52. Priority Mail Express Contract 83
53. Priority Mail Express Contract 84
54. Priority Mail Express Contract 85
55. Priority Mail Express International,
Priority Mail International, First-Class
Package International Service &
Commercial ePacket 9
56. Priority Mail, First-Class Package Service
& Parcel Select Contract 2
The following list of products is being
removed from 39 CFR Appendix B to
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Agencies
[Federal Register Volume 86, Number 29 (Tuesday, February 16, 2021)]
[Rules and Regulations]
[Pages 9462-9464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02474]
=======================================================================
-----------------------------------------------------------------------
LIBRARY OF CONGRESS
Copyright Royalty Board
37 CFR Part 303
[Docket No. 20-CRB-0013-RM]
Procedural Regulations of the Copyright Royalty Board Regarding
Electronic Filing System (eCRB)
AGENCY: Copyright Royalty Board, Library of Congress.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Copyright Royalty Judges are amending regulations
governing the electronic filing of documents through the Copyright
Royalty Board's electronic filing system (eCRB) to permit attorney
designees with approved eCRB user accounts to file on behalf of
attorneys.
DATES: Effective February 16, 2021.
ADDRESSES: Docket: For access to the docket to read background
documents, go to eCRB at https://app.crb.gov and perform a case search
for docket 20-CRB-0013-RM.
FOR FURTHER INFORMATION CONTACT: Anita Blaine, CRB Program Specialist,
at 202-707-7658 or [email protected].
SUPPLEMENTARY INFORMATION: On December 28, 2020, the Copyright Royalty
Judges (Judges) published a document in the Federal Register seeking
comments on a proposed rule to add to Rule 303.5(c) a fourth category
of filer that would be required to obtain an eCRB password: attorney
designee. See 85 FR 84279 (Dec. 28, 2020). An attorney designee would
be defined as ``a person authorized to file documents on behalf of an
attorney.'' The proposed rule also included non-substantive changes to
Rule 303.5.\1\ The Judges received no comments. Therefore, for the
reasons indicated in the December 28, 2020 document, the Judges adopt
the changes and additions to part 303 proposed in that document, as
detailed in this final rule.
---------------------------------------------------------------------------
\1\ See 85 FR 84279.
---------------------------------------------------------------------------
List of Subjects in 37 CFR Part 303
Administrative practice and procedure, Copyright, Lawyers.
Final Regulations
For the reasons set forth in the preamble, the Copyright Royalty
Judges amend 37 CFR part 303 as follows:
PART 303--GENERAL ADMINISTRATIVE PROVISIONS
0
1. The authority citation for part 303 continues to read as follows:
Authority: 17 U.S.C. 803.
0
2. Revise Sec. 303.5 to read as follows:
Sec. 303.5 Electronic filing system (eCRB).
(a) Documents to be filed by electronic means. Except as otherwise
provided in this chapter, all attorneys must file documents with the
Copyright Royalty Board through eCRB. Pro se parties may file documents
with the Copyright Royalty Board through eCRB, subject to Sec.
303.4(c)(2).
(b) Official record. The electronic version of a document filed
through and stored in eCRB will be the official record of the Copyright
Royalty Board.
(c) Obtaining an electronic filing password--(1) Attorneys. An
attorney must register for an eCRB account and create an eCRB password
in order to file documents or to receive copies of orders and
determinations of the Copyright Royalty Judges. The attorney's eCRB
account and password will be activated upon approval by the Copyright
Royalty Board of the attorney's completed online application form
available on the eCRB website.
(2) Attorney designees. A person authorized by an attorney to file
documents on behalf of that attorney (an attorney designee) must
register for an eCRB account and create an eCRB password in order to
file documents on
[[Page 9463]]
the attorney's behalf. The attorney designee's eCRB account and
password will be activated upon approval by the Copyright Royalty Board
of the attorney designee's completed online registration form available
on the eCRB website.
(3) Pro se parties. A party not represented by an attorney (a pro
se party) may register for an eCRB account and create an eCRB password.
The pro se party's eCRB account and password will be activated if the
Copyright Royalty Judges, in their discretion, approve the pro se
party's completed online application form available on the eCRB
website. Once a pro se party's application has been approved, that
party must make all subsequent filings by electronic means through
eCRB.
(4) Claimants. Any person desiring to file a claim with the
Copyright Royalty Board for copyright royalties must register for an
eCRB account and create an eCRB password for the limited purpose of
filing claims by completing the registration form available on the eCRB
website.
(d) Use of an eCRB password. An eCRB password may be used only by
the person to whom it is assigned. The person to whom an eCRB password
is assigned is responsible for any document filed using that password,
except that designating attorneys are responsible for any document
filed on the attorney's behalf by an attorney designee.
(e) Signature. The use of an eCRB password to log in and submit
documents creates an electronic record. The password operates and
serves as the signature of the person to whom the password is assigned
for all purposes under this chapter III, except that the password of an
attorney designee serves as the signature of the designating attorney
on whose behalf the document is filed.
(f) Originals of sworn documents. The electronic filing of a
document that contains a sworn declaration, verification, certificate,
statement, oath, or affidavit certifies that the original signed
document is in the possession of the attorney or pro se party
responsible for the filing and that it is available for review upon
request by a party or by the Copyright Royalty Judges. The filer must
file through eCRB a scanned copy of the signature page of the sworn
document together with the document itself.
(g) Consent to delivery by electronic means. An attorney or pro se
party who obtains an eCRB password consents to electronic delivery of
all documents, subsequent to the petition to participate, that are
filed by electronic means through eCRB. Attorneys and pro se parties
are responsible for monitoring their email accounts and, upon receipt
of notice of an electronic filing, for retrieving the noticed filing.
Parties and their counsel bear the responsibility to keep the contact
information in their eCRB profiles current.
(h) Accuracy of docket entry. A person filing a document by
electronic means, or, if the filer is an attorney designee, the
designating attorney, is responsible for ensuring the accuracy of the
official docket entry generated by the eCRB system, including proper
identification of the proceeding, the filing party, and the description
of the document. The Copyright Royalty Board will maintain on its
website (www.loc.gov/crb) appropriate guidance regarding naming
protocols for eCRB filers.
(i) Documents subject to a protective order. A person filing a
document by electronic means must ensure, at the time of filing, that
any documents subject to a protective order are identified to the eCRB
system as ``restricted'' documents. This requirement is in addition to
any requirements detailed in the applicable protective order. Failure
to identify documents as ``restricted'' to the eCRB system may result
in inadvertent publication of sensitive, protected material.
(j) Exceptions to requirement of electronic filing--(1) Certain
exhibits or attachments. Parties may file in paper form any exhibits or
attachments that are not in a format that readily permits electronic
filing, such as oversized documents; or are illegible when scanned into
electronic format. Parties filing paper documents or things pursuant to
this paragraph must deliver legible or usable copies of the documents
or things in accordance with Sec. 303.6(a)(2) and must file
electronically a notice of filing that includes a certificate of
delivery.
(2) Pro se parties. A pro se party may file documents in paper form
and must deliver and accept delivery of documents in paper form, unless
the pro se party has obtained an eCRB password.
(k) Privacy requirements. (1) Unless otherwise instructed by the
Copyright Royalty Judges, parties must exclude or redact from all
electronically filed documents, whether designated ``restricted'' or
not:
(i) Social Security numbers. If an individual's Social Security
number must be included in a filed document for evidentiary reasons,
the filer must use only the last four digits of that number.
(ii) Names of minor children. If a minor child must be mentioned in
a document for evidentiary reasons, the filer must use only the
initials of that child.
(iii) Dates of birth. If an individual's date of birth must be
included in a pleading for evidentiary reasons, the filer must use only
the year of birth.
(iv) Financial account numbers. If a financial account number must
be included in a pleading for evidentiary reasons, the filer must use
only the last four digits of the account identifier.
(2) Protection of personally identifiable information. If any
information identified in paragraph (k)(1) of this section must be
included in a filed document, the filing party must treat it as
confidential information subject to the applicable protective order. In
addition, parties may treat as confidential, and subject to the
applicable protective order, other personal information that is not
material to the proceeding.
(l) Incorrectly filed documents. (1) The Copyright Royalty Board
may direct an eCRB filer to re-file a document that has been
incorrectly filed, or to correct an erroneous or inaccurate docket
entry.
(2) If an attorney or a pro se party who has been issued an eCRB
password inadvertently presents a document for filing in paper form,
the Copyright Royalty Board may direct that person to file the document
electronically. The document will be deemed filed on the date it was
first presented for filing if, no later than the next business day
after being so directed by the Copyright Royalty Board, the attorney or
pro se participant files the document electronically. If the filer
fails to make the electronic filing on the next business day, the
document will be deemed filed on the date of the electronic filing.
(m) Technical difficulties. (1) A filer encountering technical
problems with an eCRB filing must immediately notify the Copyright
Royalty Board of the problem either by email, or by telephone, followed
promptly by written confirmation.
(2) If a filer is unable, due to technical problems, to make a
filing with eCRB by an applicable deadline, and makes the notification
required by paragraph (m)(1) of this section, the filer shall use
electronic mail to make the filing with the Copyright Royalty Board and
deliver the filing to the other parties to the proceeding. The filing
shall be considered to have been made at the time it was filed by
electronic mail. The Copyright Royalty Judges may direct the filer to
refile the document through eCRB when the technical problem has been
resolved, but the document shall retain its original filing date.
[[Page 9464]]
(3) The inability to complete an electronic filing because of
technical problems arising in the eCRB system may constitute ``good
cause'' (as used in Sec. 303.6(b)(4)) for an order enlarging time or
excusable neglect for the failure to act within the specified time,
provided the filer complies with paragraph (m)(1) of this section. This
section does not provide authority to extend statutory time limits.
Dated: February 1, 2021.
Jesse M. Feder,
Chief Copyright Royalty Judge.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2021-02474 Filed 2-12-21; 8:45 am]
BILLING CODE 1410-72-P