Technical Amendments Regarding the Copyright Office's Organizational Structure, 32640-32643 [2021-12939]

Download as PDF 32640 Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations your search to documents published by the Department. Suzanne B. Goldberg, Acting Assistant Secretary for Civil Rights. [FR Doc. 2021–13058 Filed 6–21–21; 8:45 am] BILLING CODE 4000–01–P DEPARTMENT OF COMMERCE a. Revising the definitions of ‘‘Conviction or convicted’’ and ‘‘Practitioner;’’ ■ b. Removing the entry for ‘‘Roster’’ and adding, in alphabetical order, an entry for ‘‘Roster or register;’’ and ■ c. Revising the definitions for ‘‘Serious crime’’ and ‘‘State.’’ The revisions and addition read as follows: ■ Andrew Hirshfeld, Commissioner for Patents, Performing the Functions and Duties of the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office. Patent and Trademark Office 37 CFR Part 11 [Docket No.: PTO–C–2013–0042] [FR Doc. 2021–13145 Filed 6–21–21; 8:45 am] RIN 0651–AC91 BILLING CODE 3510–16–P Changes to Representation of Others Before the United States Patent and Trademark Office; Correction United States Patent and Trademark Office, Commerce. ACTION: Final rule; correction. Copyright Office The United States Patent and Trademark Office (USPTO or Office) is correcting an earlier final rule, ‘‘Changes to the Representation of Others Before the United States Patent and Trademark Office,’’ that appeared in the Federal Register on May 26, 2021 and which takes effect on June 25, 2021. This document corrects a minor error. No other changes are being made to the underlying final rule. DATES: This rule is effective June 25, 2021. [Docket No. 2021–3] AGENCY: 37 CFR Parts 201, 202, 203, 210, and 370 SUMMARY: FOR FURTHER INFORMATION CONTACT: lotter on DSK11XQN23PROD with RULES1 LIBRARY OF CONGRESS William R. Covey, Deputy General Counsel for Enrollment and Discipline and Director of the Office of Enrollment and Discipline, at 571–272–4097. SUPPLEMENTARY INFORMATION: This document corrects an error pertaining to revisions to definitions made in the final rule. Specifically, the Office intended to change the listed definition of ‘‘Roster’’ to ‘‘Roster or register.’’ The Code of Federal Regulations editors informed the Office that the original Federal Register instruction to ‘‘revise’’ the definition was incorrect. Rather, the correct instruction should be to ‘‘remove and add’’ the intended definition. This document corrects that instruction. In FR Doc. 2021–10528, appearing on page 28442 in the Federal Register of Wednesday, May 26, 2021, the following correction is made: § 11.1 [Corrected] On page 28452, in the first column, in part 11, correct amendatory instruction 4 to read as follows: ■ 4. Amend § 11.1 by: ■ VerDate Sep<11>2014 18:33 Jun 21, 2021 Jkt 253001 Technical Amendments Regarding the Copyright Office’s Organizational Structure U.S. Copyright Office, Library of Congress. ACTION: Final rule. AGENCY: This final rule makes technical changes to the U.S. Copyright Office’s regulations pertaining to its organizational structure in light of the agency’s recent reorganization. It reflects recent structural changes, updates certain of the Office’s division names, and adds a new section for the Copyright Claims Board established by the Copyright Alternative in SmallClaims Enforcement Act of 2020. DATES: Effective July 22, 2021. FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and Associate Register of Copyrights, by email at regans@copyright.gov, Kevin R. Amer, Deputy General Counsel, by email at kamer@copyright.gov, or Joanna R. Blatchly, Attorney-Advisor, by email at jblatchly@copyright.gov or by telephone at (202) 707–8350. SUPPLEMENTARY INFORMATION: The Copyright Office is publishing this final rule pursuant to its May 2021 reorganization. This effort is intended to accomplish two goals: (1) Rename divisions and realign certain reporting structures to improve the Office’s effectiveness and efficiency; and (2) reflect the agency structure for the new copyright small-claims tribunal established by the Copyright Alternative SUMMARY: PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 in Small-Claims Enforcement (‘‘CASE’’) Act of 2020.1 The Register has determined that these changes will optimize business processes and aid in the administration of her functions and duties as Director of the Copyright Office.2 Operational reorganization. The reorganization reduces the number of direct reports to the Register of Copyrights and is expected to create administrative and cost efficiencies by consolidating operational organizations currently headed by senior-level positions. The reorganization brings the Office of the Chief Financial Officer (renamed the Financial Management Division) and the Copyright Modernization Office (renamed the Product Management Division) under the supervision of the Chief of Operations (renamed the Assistant Register and Director of Operations (‘‘ARDO’’)). Realigning these divisions under the ARDO consolidates operational support elements under one senior manager, in line with operational structures across the Library of Congress. This consolidation is expected to facilitate Office coordination with centralized Library services, and with similar functional elements of other service units. It is also expected to allow the Office to increase the effectiveness of communications across areas of operational responsibility, in alignment with strategic objectives. The reorganization renames certain organizational elements and senior positions for purposes of greater clarity and consistency. The Office of Public Records and Repositories is renamed the Office of Copyright Records. As noted above, the Office of the Chief of Operations is renamed the Office of the Director of Operations. The following subordinate offices are also renamed: The Copyright Acquisitions Division (‘‘CAD’’) is renamed Acquisitions and Deposits (‘‘A&D’’); the Administrative Services Office (‘‘ASO’’) is renamed the Administrative Services Division (‘‘ASD’’); and the Receipt Analysis and Control Division (‘‘RAC’’) is renamed the Materials Control and Analysis Division (‘‘MCA’’). The Copyright Modernization Office (‘‘CMO’’) is renamed the Product Management Division (‘‘PMD’’). Further, the Office of the Chief Financial Officer (‘‘CFO’’) is renamed the Financial Management Division (‘‘FMD’’) and work units under this division are also renamed, including by 1 Public Law 116–260, sec. 212, 134 Stat. 1182, 2176 (2020). 2 See 17 U.S.C. 701(a). E:\FR\FM\22JNR1.SGM 22JNR1 32641 Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations renaming the Licensing Division (‘‘LD’’) the Licensing Section (‘‘LS’’). Copyright Claims Board. Second, the reorganization creates a reporting structure for the Copyright Claims Board (‘‘CCB’’) established by the CASE Act. The CCB is a voluntary, alternative forum to federal court to seek resolution of copyright disputes that have a low economic value.3 The CCB has the authority to hear copyright infringement claims, claims seeking a declaration of noninfringement, and misrepresentation claims under section 512(f) of title 17, as amended by the Digital Millennium Copyright Act.4 The CCB will be headed by three Copyright Claims Officers who ensure that claims, counterclaims, and defenses are properly asserted, manage CCB proceedings and issue rulings, request production of information and relevant documents, conduct hearings and conferences, facilitate settlements, maintain records, provide public information, and ultimately render determinations and award monetary relief.5 The CCB will report to the Copyright Office’s General Counsel. This rule is a technical change that constitutes a change to a ‘‘rule[ ] of agency organization’’ 6 which does not ‘‘alter the rights or interests of parties,’’ but merely ‘‘alter[s] the manner in which the parties present themselves or their viewpoints to the agency.’’ 7 Accordingly, the Office is publishing it as final without first issuing a notice of proposed rulemaking. List of Subjects 37 CFR Part 201 Copyright, General provisions. § 201.1201 Communication with the Copyright Office. 37 CFR Part 202 Claims, Copyright. * 37 CFR Part 203 Freedom of information. * * (b) * * * (2) * * * 37 CFR Part 210 * * Type of submission Copyright, Recordings. 37 CFR Part 370 Code * * * * * Acquisitions and Deposits .......... A&D Deposit Demands ....................... A&D/AD Licensing Section ........................ LS Copyright, Recordings. Final Regulations For the reasons set forth in the preamble, the Copyright Office amends 37 CFR parts 201, 202, 203, 210, and 370 as follows: * * * * * * * * * * 3. Amend § 201.3 as follows: ■ a. Revise the section heading. ■ b. In paragraphs (a) and (b)(3), remove ‘‘Licensing Division’’ from each place it appears and add in its place ‘‘Licensing Section’’. ■ c. Revise paragraph (c)(19). ■ d. In paragraph (e): ■ i. In the paragraph heading and introductory text, remove ‘‘Licensing Division’’ and add in its place ‘‘Licensing Section’’. ■ ii. In the table, revise the heading for the first column and entry (7). The revisions read as follows: ■ PART 201—GENERAL PROVISIONS 1. The authority citation for part 201 continues to read as follows: ■ Authority: 17 U.S.C. 702. 2. Amend § 201.1 as follows: a. In paragraph (b)(2), in the table: i. Remove the entry ‘‘Copyright Acquisitions’’ and add in its place the entry ‘‘Acquisitions and Deposits’’. ■ ii. Revise the entry for ‘‘Deposit Demands’’. ■ iii. Remove the entry ‘‘Licensing Division’’ add in its place the entry ‘‘Licensing Section’’. ■ b. In paragraph (c)(3), remove ‘‘RAC’’ and add in its place ‘‘MCA’’. ■ c. In paragraph (c)(5), remove ‘‘Licensing Division’’ from each place it appears and add in its place ‘‘Licensing Section’’. The additions and revision read as follows: ■ ■ ■ § 201.3201 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Section. * * * (c) * * * * * TABLE 1 TO PARAGRAPH (C) Fees ($) Registration, recordation, and related services * * * * * * (19) Search report prepared from official records other than Licensing Section records (per hour, 2 hour minimum) ......................... * * * * * * * * * * * * 200 * (e) * * * TABLE 1 TO PARAGRAPH (e) Fees ($) lotter on DSK11XQN23PROD with RULES1 Licensing section services 3 See, e.g., H.R. Rep. No. 116–252, at 18–20 (2019); S. Rep. No. 116–105, at 7–8 (2019). Note, the CASE Act legislative history cited is for H.R. 2426 and S. 1273, the CASE Act of 2019, a bill nearly identical to the CASE Act of 2020. See H.R. 2426, 116th Cong. (2019); S. 1273, 116th Cong. (2019). 4 17 U.S.C. 1504(c)(1)–(3). VerDate Sep<11>2014 18:13 Jun 21, 2021 Jkt 253001 5 Id. at 1503(a), 1506. U.S.C. 553(b)(A) (notice and comment not required for ‘‘interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice’’); see JEM Broad. Co. v. F.C.C., 22 F.3d 320, 326 (D.C. Cir. 1994) (noting that ‘‘the ’critical feature’ of the 65 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 [553(b)(A)] procedural exception ‘is that it covers agency actions that do not themselves alter the rights or interests of parties, although it may alter the manner in which the parties present themselves or their viewpoints to the agency’ ’’) (citation omitted). 7 JEM Broad. Co, 22 F.3d at 326. E:\FR\FM\22JNR1.SGM 22JNR1 32642 Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations TABLE 1 TO PARAGRAPH (e)—Continued Fees ($) Licensing section services * * * * * * (7) Search report prepared from Licensing Section records (per hour, 2 hour minimum) ..................................................................... * * § 201.6 * * Division’’ and adding in its place ‘‘Acquisitions and Deposits’’. * [Amended] 4. Amend § 201.6(c)(3) by removing ‘‘Licensing Division’’ and adding in its place ‘‘Licensing Section’’. ■ § 201.11 [Amended] 5. Amend § 201.11 by removing ‘‘Licensing Division’’ from each place it appears and adding in its place ‘‘Licensing Section’’. ■ § 201.12 [Amended] 6. Amend § 201.12(a) by removing ‘‘Licensing Division’’ and adding in its place ‘‘Licensing Section’’. ■ § 201.17 [Amended] [Amended] 14. Amend § 202.23(b)(2) by removing ‘‘Office of Public Records and Repositories’’ and adding in its place ‘‘Office of Copyright Records’’. ■ § 202.24 [Amended] 15. Amend § 202.24(d)(3) by removing ‘‘the Copyright Acquisitions Division’’ and adding in its place ‘‘Acquisitions and Deposits’’. ■ PART 203—FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES ■ 16. The authority citation for part 203 continues to read as follows: § 201.18 ■ ■ ■ ■ 7. Amend § 201.17 by removing ‘‘Licensing Division’’ from each place it appears and adding in its place ‘‘Licensing Section’’. [Amended] 8. Amend § 201.18 by removing ‘‘Licensing Division’’ from each place it appears and adding in its place ‘‘Licensing Section’’. ■ § 201.28 [Amended] 9. Amend § 201.28 by removing ‘‘Licensing Division’’ from each place it appears and adding in its place ‘‘Licensing Section’’. ■ § 201.29 [Amended] 10. Amend § 201.29(e) introductory text by removing ‘‘Licensing Division’’ from each place it appears and adding in its place ‘‘Licensing Section’’. ■ PART 202—PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT 11. The authority citation for part 202 continues to read as follows: ■ Authority: 17 U.S.C. 408(f), 702. § 202.19 [Amended] 12. Amend § 202.19 by removing ‘‘the Copyright Acquisitions Division’’ from each place it appears and adding in its place ‘‘Acquisitions and Deposits’’. ■ lotter on DSK11XQN23PROD with RULES1 § 202.23 § 202.22 [Amended] 13. Amend § 202.22(d)(6)(iii) by removing ‘‘the Copyright Acquisitions ■ VerDate Sep<11>2014 18:13 Jun 21, 2021 Jkt 253001 ■ Authority: 5 U.S.C. 552. 17. Amend § 203.3 as follows: a. Revise paragraph (b). b. In paragraph (c): i. Remove ‘‘also’’ from the fourth sentence. ■ ii. Add a sentence at the end of the paragraph. ■ iii. Add paragraph (c)(1) and reserve paragraph (c)(2). ■ c. In paragraph (f), add a sentence at the end of the paragraph. ■ d. In paragraph (g): ■ i. Remove ‘‘Public Records and Repositories’’ and add in its place ‘‘Copyright Records’’. ■ ii. Add a sentence before the last sentence. ■ e. Remove and reserve paragraphs (h) and (i). The revision and additions read as follows: § 203.3 Organization. * * * * * (b) The Office of the Director of Operations is headed by the Assistant Register and Director of Operations (‘‘ARDO’’), who advises the Register on core business functions and coordinates and directs the day-to-day operations of the Copyright Office. This Office supervises human capital, finances, the administration of certain statutory licenses, mandatory acquisitions and deposits, product management, and materials control and analysis functions. It interacts with other senior management offices that report to the PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 * 200 Register and frequently coordinates and assesses institutional projects. This Office has five divisions: Acquisitions and Deposits; Administrative Services; Financial Management; Materials Control and Analysis; and Product Management. (1) Acquisitions and Deposits (‘‘A&D’’) administers the mandatory deposit requirements of the Copyright Act, acting as an intermediary between copyright owners of certain published works and the acquisitions staff in the Library of Congress (17 U.S.C. 407). It creates and updates records for copies received by the Copyright Office, demands particular works or particular formats of works as necessary, and administers deposit agreements between the Library and copyright owners. (2) The Administrative Services Division (‘‘ASD’’) manages human capital and physical space issues for the Copyright Office, and serves as the liaison with other components of the Library for those matters. (3) The Financial Management Division (‘‘FMD’’) oversees fiscal, financial, and budgetary activities for the Copyright Office. It contains the Licensing Section, which administers certain statutory licenses set forth in the Copyright Act. The Licensing Section collects royalty payments and examines statements of account for the cable statutory license (17 U.S.C. 111), the satellite statutory license for retransmission of distant television broadcast stations (17 U.S.C. 119), and the statutory license for digital audio recording technology (17 U.S.C. chapter 10). The Licensing Section also accepts and records certain documents associated with the use of the mechanical statutory license for making and distributing phonorecords of nondramatic musical works (17 U.S.C. 115) and the statutory licenses for publicly performing sound recordings by means of digital audio transmission (17 U.S.C. 112, 114). (4) The Materials Control and Analysis Division (‘‘MCA’’) processes incoming mail, creates initial records, and dispatches electronic and hardcopy materials and deposits to the appropriate service areas. It operates the Copyright Office’s central print room and outgoing mail functions. E:\FR\FM\22JNR1.SGM 22JNR1 Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations (5) The Product Management Division (‘‘PMD’’) advises on business process integration and improvements in connection with technology initiatives affecting the Copyright Office. It coordinates business activities, including resource planning, stakeholder engagement activities, and project management. The PMD oversees the Office’s data management, performance statistics, and business intelligence capabilities. (c) * * * The Office of the General Counsel also supervises the Copyright Claims Board (‘‘CCB’’) as it discharges its statutory mandate. (1) The CCB is a voluntary, alternative forum to Federal court for parties to seek resolution of copyright disputes that have a low economic value. The CCB is headed by three Copyright Claims Officers who ensure that claims are properly asserted and appropriate for resolution; manage proceedings; render determinations and award monetary relief; provide public information; certify and maintain CCB records, including making proceeding records publicly available; and other related duties. (2) [Reserved] * * * * * (f) * * * This Office is comprised of two sections: The Public Information Office and the Outreach and Education section. (g) * * * It contains three divisions: Recordation; Records Management; and Records, Research and Certification. * * * * * * * * PART 210—COMPULSORY LICENSE FOR MAKING AND DISTRIBUTING PHYSICAL AND DIGITAL PHONORECORDS OF NONDRAMATIC MUSICAL WORKS 18. The authority citation for part 210 continues to read as follows: ■ Authority: 17 U.S.C. 115, 702. § 210.6 19. Amend § 210.6(g)(4)(i) by removing ‘‘Licensing Division’’ and adding in its place ‘‘Licensing Section’’. [Amended] 20. Amend § 210.7(g)(5)(i) by removing ‘‘Licensing Division’’ and adding in its place ‘‘Licensing Section’’. lotter on DSK11XQN23PROD with RULES1 ■ PART 370—NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY LICENSES 21. The authority citation for part 370 continues to read as follows: ■ Authority: 17 U.S.C. 112(e)(4), 114(f)(3)(A). VerDate Sep<11>2014 18:13 Jun 21, 2021 [Amended] 22. Amend § 370.2 by removing ‘‘Licensing Division’’ from each place it appears and adding in its place ‘‘Licensing Section’’. § 370.3 [Amended] 23. Amend § 370.3(b) by removing ‘‘Licensing Division’’ and adding in its place ‘‘Licensing Section’’. ■ § 370.4 [Amended] 24. Amend § 370.4(c) by removing ‘‘Licensing Division’’ and adding in its place ‘‘Licensing Section’’. ■ § 370.5 [Amended] 25. Amend § 370.5 by removing ‘‘Licensing Division’’ from each place it appears and adding in its place ‘‘Licensing Section’’. ■ Dated: June 8, 2021. Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office. Approved by: Carla Hayden, Librarian of Congress. [FR Doc. 2021–12939 Filed 6–21–21; 8:45 am] BILLING CODE 1410–30–P DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration 49 CFR Parts 383, 384, and 391 [Docket No. FMCSA–2018–0152] RIN 2126–AC18 Extension of Compliance Dates for Medical Examiner’s Certification Integration Federal Motor Carrier Safety Administration (FMCSA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: FMCSA amends its regulations to extend the compliance date from June 22, 2021, to June 23, 2025, for several provisions of its April 23, 2015, Medical Examiner’s Certification Integration final rule. FMCSA issued an interim final rule (IFR) on June 21, 2018, extending the compliance date for these provisions until June 22, 2021. FMCSA published a supplemental notice of proposed rulemaking (SNPRM) on April 22, 2021, that proposed further extending the compliance date to June 23, 2025. This final rule will provide FMCSA time to complete certain information technology (IT) system development SUMMARY: [Amended] ■ § 210.7 § 370.2 ■ Jkt 253001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 32643 tasks for its National Registry of Certified Medical Examiners (National Registry) and to provide the State Driver’s Licensing Agencies (SDLAs) sufficient time to make the necessary IT programming changes when the new National Registry system is completed and available. DATES: This final rule is effective June 22, 2021. FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief, Medical Programs Division, Federal Motor Carrier Safety Administration, 1200 New Jersey Avenue SE, Washington, DC 20590–0001, (202) 366–4001, fmcsamedical@dot.gov. If you have questions on viewing or submitting material to the docket, contact Dockets Operations, (202) 366–9826. SUPPLEMENTARY INFORMATION: FMCSA organizes this final rule as follows: I. Availability of Rulemaking Documents II. Executive Summary III. Legal Basis A. Authority Over Drivers Affected; Drivers Required To Obtain a Medical Examiner’s Certificate (MEC) B. Authority To Regulate State CDL Programs C. Authority To Require Reporting by MEs IV. Background V. Discussion of Proposed Rulemaking and Comments A. Background and Proposed Rulemaking B. Comments and Responses V. Good Cause Exists VII. International Impacts VIII. Changes From the SNPRM IX. Section-By-Section Analysis X. Regulatory Analyses A. E.O. 12866 (Regulatory Planning and Review), E.O. 13563 (Improving Regulation and Regulatory Review), and DOT Regulatory Policies and Procedures B. Congressional Review Act C. Regulatory Flexibility Act (Small Entities) D. Assistance for Small Entities E. Unfunded Mandates Reform Act of 1995 F. Paperwork Reduction Act (Collection of Information) G. E.O. 13132 (Federalism) H. Privacy I. E.O. 13175 (Indian Tribal Governments) J. National Environmental Policy Act of 1969 I. Availability of Rulemaking Documents To view any documents mentioned as being available in the docket, go to https://www.regulations.gov/docket/ FMCSA-2018-0152/document and choose the document to review. To view comments, click this final rule, and click ‘‘Browse Comments.’’ If you do not have access to the internet, you may view the docket online by visiting Dockets Operations in Room W12–140, E:\FR\FM\22JNR1.SGM 22JNR1

Agencies

[Federal Register Volume 86, Number 117 (Tuesday, June 22, 2021)]
[Rules and Regulations]
[Pages 32640-32643]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12939]


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LIBRARY OF CONGRESS

 Copyright Office

37 CFR Parts 201, 202, 203, 210, and 370

[Docket No. 2021-3]


Technical Amendments Regarding the Copyright Office's 
Organizational Structure

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

ACTION: Final rule.

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

SUMMARY: This final rule makes technical changes to the U.S. Copyright 
Office's regulations pertaining to its organizational structure in 
light of the agency's recent reorganization. It reflects recent 
structural changes, updates certain of the Office's division names, and 
adds a new section for the Copyright Claims Board established by the 
Copyright Alternative in Small-Claims Enforcement Act of 2020.

DATES: Effective July 22, 2021.

FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and 
Associate Register of Copyrights, by email at [email protected], 
Kevin R. Amer, Deputy General Counsel, by email at [email protected], 
or Joanna R. Blatchly, Attorney-Advisor, by email at 
[email protected] or by telephone at (202) 707-8350.

SUPPLEMENTARY INFORMATION: The Copyright Office is publishing this 
final rule pursuant to its May 2021 reorganization. This effort is 
intended to accomplish two goals: (1) Rename divisions and realign 
certain reporting structures to improve the Office's effectiveness and 
efficiency; and (2) reflect the agency structure for the new copyright 
small-claims tribunal established by the Copyright Alternative in 
Small-Claims Enforcement (``CASE'') Act of 2020.\1\ The Register has 
determined that these changes will optimize business processes and aid 
in the administration of her functions and duties as Director of the 
Copyright Office.\2\
---------------------------------------------------------------------------

    \1\ Public Law 116-260, sec. 212, 134 Stat. 1182, 2176 (2020).
    \2\ See 17 U.S.C. 701(a).
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    Operational reorganization. The reorganization reduces the number 
of direct reports to the Register of Copyrights and is expected to 
create administrative and cost efficiencies by consolidating 
operational organizations currently headed by senior-level positions. 
The reorganization brings the Office of the Chief Financial Officer 
(renamed the Financial Management Division) and the Copyright 
Modernization Office (renamed the Product Management Division) under 
the supervision of the Chief of Operations (renamed the Assistant 
Register and Director of Operations (``ARDO'')). Realigning these 
divisions under the ARDO consolidates operational support elements 
under one senior manager, in line with operational structures across 
the Library of Congress. This consolidation is expected to facilitate 
Office coordination with centralized Library services, and with similar 
functional elements of other service units. It is also expected to 
allow the Office to increase the effectiveness of communications across 
areas of operational responsibility, in alignment with strategic 
objectives.
    The reorganization renames certain organizational elements and 
senior positions for purposes of greater clarity and consistency. The 
Office of Public Records and Repositories is renamed the Office of 
Copyright Records. As noted above, the Office of the Chief of 
Operations is renamed the Office of the Director of Operations. The 
following subordinate offices are also renamed: The Copyright 
Acquisitions Division (``CAD'') is renamed Acquisitions and Deposits 
(``A&D''); the Administrative Services Office (``ASO'') is renamed the 
Administrative Services Division (``ASD''); and the Receipt Analysis 
and Control Division (``RAC'') is renamed the Materials Control and 
Analysis Division (``MCA''). The Copyright Modernization Office 
(``CMO'') is renamed the Product Management Division (``PMD'').
    Further, the Office of the Chief Financial Officer (``CFO'') is 
renamed the Financial Management Division (``FMD'') and work units 
under this division are also renamed, including by

[[Page 32641]]

renaming the Licensing Division (``LD'') the Licensing Section 
(``LS'').
    Copyright Claims Board. Second, the reorganization creates a 
reporting structure for the Copyright Claims Board (``CCB'') 
established by the CASE Act. The CCB is a voluntary, alternative forum 
to federal court to seek resolution of copyright disputes that have a 
low economic value.\3\ The CCB has the authority to hear copyright 
infringement claims, claims seeking a declaration of noninfringement, 
and misrepresentation claims under section 512(f) of title 17, as 
amended by the Digital Millennium Copyright Act.\4\ The CCB will be 
headed by three Copyright Claims Officers who ensure that claims, 
counterclaims, and defenses are properly asserted, manage CCB 
proceedings and issue rulings, request production of information and 
relevant documents, conduct hearings and conferences, facilitate 
settlements, maintain records, provide public information, and 
ultimately render determinations and award monetary relief.\5\ The CCB 
will report to the Copyright Office's General Counsel.
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    \3\ See, e.g., H.R. Rep. No. 116-252, at 18-20 (2019); S. Rep. 
No. 116-105, at 7-8 (2019). Note, the CASE Act legislative history 
cited is for H.R. 2426 and S. 1273, the CASE Act of 2019, a bill 
nearly identical to the CASE Act of 2020. See H.R. 2426, 116th Cong. 
(2019); S. 1273, 116th Cong. (2019).
    \4\ 17 U.S.C. 1504(c)(1)-(3).
    \5\ Id. at 1503(a), 1506.
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    This rule is a technical change that constitutes a change to a 
``rule[ ] of agency organization'' \6\ which does not ``alter the 
rights or interests of parties,'' but merely ``alter[s] the manner in 
which the parties present themselves or their viewpoints to the 
agency.'' \7\ Accordingly, the Office is publishing it as final without 
first issuing a notice of proposed rulemaking.
---------------------------------------------------------------------------

    \6\ 5 U.S.C. 553(b)(A) (notice and comment not required for 
``interpretative rules, general statements of policy, or rules of 
agency organization, procedure, or practice''); see JEM Broad. Co. 
v. F.C.C., 22 F.3d 320, 326 (D.C. Cir. 1994) (noting that ``the 
'critical feature' of the [553(b)(A)] procedural exception `is that 
it covers agency actions that do not themselves alter the rights or 
interests of parties, although it may alter the manner in which the 
parties present themselves or their viewpoints to the agency' '') 
(citation omitted).
    \7\ JEM Broad. Co, 22 F.3d at 326.
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List of Subjects

37 CFR Part 201

    Copyright, General provisions.

37 CFR Part 202

    Claims, Copyright.

37 CFR Part 203

    Freedom of information.

37 CFR Part 210

    Copyright, Recordings.

37 CFR Part 370

    Copyright, Recordings.

Final Regulations

    For the reasons set forth in the preamble, the Copyright Office 
amends 37 CFR parts 201, 202, 203, 210, and 370 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.


0
2. Amend Sec.  201.1 as follows:
0
a. In paragraph (b)(2), in the table:
0
i. Remove the entry ``Copyright Acquisitions'' and add in its place the 
entry ``Acquisitions and Deposits''.
0
ii. Revise the entry for ``Deposit Demands''.
0
iii. Remove the entry ``Licensing Division'' add in its place the entry 
``Licensing Section''.
0
b. In paragraph (c)(3), remove ``RAC'' and add in its place ``MCA''.
0
c. In paragraph (c)(5), remove ``Licensing Division'' from each place 
it appears and add in its place ``Licensing Section''.
    The additions and revision read as follows:


Sec.  201.1201   Communication with the Copyright Office.

* * * * *
    (b) * * *
    (2) * * *

------------------------------------------------------------------------
             Type of submission                          Code
------------------------------------------------------------------------
 
                                * * * * *
Acquisitions and Deposits..................  A&D
Deposit Demands............................  A&D/AD
Licensing Section..........................  LS
 
                                * * * * *
------------------------------------------------------------------------

* * * * *

0
3. Amend Sec.  201.3 as follows:
0
a. Revise the section heading.
0
b. In paragraphs (a) and (b)(3), remove ``Licensing Division'' from 
each place it appears and add in its place ``Licensing Section''.
0
c. Revise paragraph (c)(19).
0
d. In paragraph (e):
0
i. In the paragraph heading and introductory text, remove ``Licensing 
Division'' and add in its place ``Licensing Section''.
0
ii. In the table, revise the heading for the first column and entry 
(7).
    The revisions read as follows:


Sec.  201.3201   Fees for registration, recordation, and related 
services, special services, and services performed by the Licensing 
Section.

* * * * *
    (c) * * *

                        Table 1 to Paragraph (c)
------------------------------------------------------------------------
      Registration, recordation, and related services          Fees ($)
------------------------------------------------------------------------
 
                              * * * * * * *
(19) Search report prepared from official records other              200
 than Licensing Section records (per hour, 2 hour minimum).
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
    (e) * * *

                        Table 1 to Paragraph (e)
------------------------------------------------------------------------
                 Licensing section services                    Fees ($)
------------------------------------------------------------------------
 

[[Page 32642]]

 
                              * * * * * * *
(7) Search report prepared from Licensing Section records            200
 (per hour, 2 hour minimum)................................
------------------------------------------------------------------------

* * * * *


Sec.  201.6   [Amended]

0
4. Amend Sec.  201.6(c)(3) by removing ``Licensing Division'' and 
adding in its place ``Licensing Section''.


Sec.  201.11   [Amended]

0
5. Amend Sec.  201.11 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.


Sec.  201.12   [Amended]

0
6. Amend Sec.  201.12(a) by removing ``Licensing Division'' and adding 
in its place ``Licensing Section''.


Sec.  201.17   [Amended]

0
7. Amend Sec.  201.17 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.


Sec.  201.18   [Amended]

0
8. Amend Sec.  201.18 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.


Sec.  201.28   [Amended]

0
9. Amend Sec.  201.28 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.


Sec.  201.29   [Amended]

0
10. Amend Sec.  201.29(e) introductory text by removing ``Licensing 
Division'' from each place it appears and adding in its place 
``Licensing Section''.

PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT

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

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


Sec.  202.19  [Amended]

0
12. Amend Sec.  202.19 by removing ``the Copyright Acquisitions 
Division'' from each place it appears and adding in its place 
``Acquisitions and Deposits''.


Sec.  202.22   [Amended]

0
13. Amend Sec.  202.22(d)(6)(iii) by removing ``the Copyright 
Acquisitions Division'' and adding in its place ``Acquisitions and 
Deposits''.


Sec.  202.23  [Amended]

0
14. Amend Sec.  202.23(b)(2) by removing ``Office of Public Records and 
Repositories'' and adding in its place ``Office of Copyright Records''.


Sec.  202.24   [Amended]

0
15. Amend Sec.  202.24(d)(3) by removing ``the Copyright Acquisitions 
Division'' and adding in its place ``Acquisitions and Deposits''.

PART 203--FREEDOM OF INFORMATION ACT: POLICIES AND PROCEDURES

0
16. The authority citation for part 203 continues to read as follows:

    Authority:  5 U.S.C. 552.


0
17. Amend Sec.  203.3 as follows:
0
a. Revise paragraph (b).
0
b. In paragraph (c):
0
i. Remove ``also'' from the fourth sentence.
0
ii. Add a sentence at the end of the paragraph.
0
iii. Add paragraph (c)(1) and reserve paragraph (c)(2).
0
c. In paragraph (f), add a sentence at the end of the paragraph.
0
d. In paragraph (g):
0
i. Remove ``Public Records and Repositories'' and add in its place 
``Copyright Records''.
0
ii. Add a sentence before the last sentence.
0
e. Remove and reserve paragraphs (h) and (i).
    The revision and additions read as follows:


Sec.  203.3   Organization.

* * * * *
    (b) The Office of the Director of Operations is headed by the 
Assistant Register and Director of Operations (``ARDO''), who advises 
the Register on core business functions and coordinates and directs the 
day-to-day operations of the Copyright Office. This Office supervises 
human capital, finances, the administration of certain statutory 
licenses, mandatory acquisitions and deposits, product management, and 
materials control and analysis functions. It interacts with other 
senior management offices that report to the Register and frequently 
coordinates and assesses institutional projects. This Office has five 
divisions: Acquisitions and Deposits; Administrative Services; 
Financial Management; Materials Control and Analysis; and Product 
Management.
    (1) Acquisitions and Deposits (``A&D'') administers the mandatory 
deposit requirements of the Copyright Act, acting as an intermediary 
between copyright owners of certain published works and the 
acquisitions staff in the Library of Congress (17 U.S.C. 407). It 
creates and updates records for copies received by the Copyright 
Office, demands particular works or particular formats of works as 
necessary, and administers deposit agreements between the Library and 
copyright owners.
    (2) The Administrative Services Division (``ASD'') manages human 
capital and physical space issues for the Copyright Office, and serves 
as the liaison with other components of the Library for those matters.
    (3) The Financial Management Division (``FMD'') oversees fiscal, 
financial, and budgetary activities for the Copyright Office. It 
contains the Licensing Section, which administers certain statutory 
licenses set forth in the Copyright Act. The Licensing Section collects 
royalty payments and examines statements of account for the cable 
statutory license (17 U.S.C. 111), the satellite statutory license for 
retransmission of distant television broadcast stations (17 U.S.C. 
119), and the statutory license for digital audio recording technology 
(17 U.S.C. chapter 10). The Licensing Section also accepts and records 
certain documents associated with the use of the mechanical statutory 
license for making and distributing phonorecords of nondramatic musical 
works (17 U.S.C. 115) and the statutory licenses for publicly 
performing sound recordings by means of digital audio transmission (17 
U.S.C. 112, 114).
    (4) The Materials Control and Analysis Division (``MCA'') processes 
incoming mail, creates initial records, and dispatches electronic and 
hardcopy materials and deposits to the appropriate service areas. It 
operates the Copyright Office's central print room and outgoing mail 
functions.

[[Page 32643]]

    (5) The Product Management Division (``PMD'') advises on business 
process integration and improvements in connection with technology 
initiatives affecting the Copyright Office. It coordinates business 
activities, including resource planning, stakeholder engagement 
activities, and project management. The PMD oversees the Office's data 
management, performance statistics, and business intelligence 
capabilities.
    (c) * * * The Office of the General Counsel also supervises the 
Copyright Claims Board (``CCB'') as it discharges its statutory 
mandate.
    (1) The CCB is a voluntary, alternative forum to Federal court for 
parties to seek resolution of copyright disputes that have a low 
economic value. The CCB is headed by three Copyright Claims Officers 
who ensure that claims are properly asserted and appropriate for 
resolution; manage proceedings; render determinations and award 
monetary relief; provide public information; certify and maintain CCB 
records, including making proceeding records publicly available; and 
other related duties.
    (2) [Reserved]
* * * * *
    (f) * * * This Office is comprised of two sections: The Public 
Information Office and the Outreach and Education section.
    (g) * * * It contains three divisions: Recordation; Records 
Management; and Records, Research and Certification. * * *
* * * * *

PART 210--COMPULSORY LICENSE FOR MAKING AND DISTRIBUTING PHYSICAL 
AND DIGITAL PHONORECORDS OF NONDRAMATIC MUSICAL WORKS

0
18. The authority citation for part 210 continues to read as follows:

    Authority: 17 U.S.C. 115, 702.


Sec.  210.6   [Amended]

0
19. Amend Sec.  210.6(g)(4)(i) by removing ``Licensing Division'' and 
adding in its place ``Licensing Section''.


Sec.  210.7  [Amended]

0
20. Amend Sec.  210.7(g)(5)(i) by removing ``Licensing Division'' and 
adding in its place ``Licensing Section''.

PART 370--NOTICE AND RECORDKEEPING REQUIREMENTS FOR STATUTORY 
LICENSES

0
21. The authority citation for part 370 continues to read as follows:

    Authority: 17 U.S.C. 112(e)(4), 114(f)(3)(A).


Sec.  370.2   [Amended]

0
22. Amend Sec.  370.2 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.


Sec.  370.3   [Amended]

0
23. Amend Sec.  370.3(b) by removing ``Licensing Division'' and adding 
in its place ``Licensing Section''.


Sec.  370.4  [Amended]

0
24. Amend Sec.  370.4(c) by removing ``Licensing Division'' and adding 
in its place ``Licensing Section''.


Sec.  370.5   [Amended]

0
25. Amend Sec.  370.5 by removing ``Licensing Division'' from each 
place it appears and adding in its place ``Licensing Section''.

    Dated: June 8, 2021.
Shira Perlmutter,
Register of Copyrights and Director of the U.S. Copyright Office.

    Approved by:
Carla Hayden,
Librarian of Congress.
[FR Doc. 2021-12939 Filed 6-21-21; 8:45 am]
BILLING CODE 1410-30-P