Technical Amendments Regarding the Copyright Office's Organizational Structure, 32640-32643 [2021-12939]
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Federal Register / Vol. 86, No. 117 / Tuesday, June 22, 2021 / Rules and Regulations
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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:
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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:
■
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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:
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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).
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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
($)
Registration, recordation, and related services
*
*
*
*
*
*
(19) Search report prepared from official records other than Licensing Section records (per hour, 2 hour minimum) .........................
*
*
*
*
*
*
*
*
*
*
*
*
200
*
(e) * * *
TABLE 1 TO PARAGRAPH (e)
Fees
($)
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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).
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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
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[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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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’’.
■
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§ 202.23
§ 202.22
[Amended]
13. Amend § 202.22(d)(6)(iii) by
removing ‘‘the Copyright Acquisitions
■
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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
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*
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.
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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’’.
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■
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).
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[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
■
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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,
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]]>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]
=======================================================================
-----------------------------------------------------------------------
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\
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\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.
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\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
