Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 9231 

practice will only affect deposit account 

holders who use paper applications, 

because eService will not allow an 

application to be submitted without 

sufficient funds. 

However, a deposit account holder 

whose account is closed because it has 

been overdrawn twice is not foreclosed 

from using a deposit account in the 

future. The deposit account holder may 

re-open the closed account on the 

condition that it is funded through the 

automatic replenishment option. This 

requirement is to protect the account 

holder from the risk of overdrawing 

again and to protect the Copyright 

Office from the expense of handling 

suspended applications in the future. 

3. Voluntary Automatic Replenishment 

The Copyright Office will offer a 

voluntary automatic replenishment 

program to all deposit account holders. 

Under this program, the deposit account 

holder may provide pre-authorization to 

the Copyright Office to replenish the 

account from the account holder’s credit 

card or bank account. Replenishment 

will take place when the deposit 

account goes below its minimum 

balance, at which time the Office will 

immediately notify the account holder 

that the account has fallen below the 

minimal balance and that the account 

will be replenished in accordance with 

the automatic replenishment agreement. 

The account holder will determine the 

amount of replenishment at the time the 

account holder enters the program. 

Comments Received in Response to 

Question Regarding the Continued 

Availability of Deposit Accounts 

In its July 15th, 2009 NPRM, the 

Copyright Office sought public 

comment on whether it should cease 

offering deposit accounts altogether. It 

noted that, in an era when paper 

applications and payment via check 

were the norm, a separate, simplified 

deposit account system presented 

attractive efficiencies to frequent 

applicants and to the Office. It also 

pointed out that in an era of electronic 

registration and payment via corporate 

or other credit cards, the administrative 

costs of maintaining a separate deposit 

account system are no longer clearly 

offset by its advantages; hence, the 

reason for the Office’s inquiry 

concerning abolition of the deposit 

account system. 

Three of the four commenters who 

addressed this question argued that 

eliminating deposit accounts would be 

harmful. Thus, the Copyright Office 

acknowledged in its October 8, 2010 

notice that deposit accounts remain a 

useful and efficient option for copyright 

owners who frequently use its services, 

including, but not limited to, 

registration, and announced that it will 

continue to offer deposit accounts for 

the foreseeable future, reserving its 

prerogative to revisit the question of 

their utility and cost to the Office at a 

later time. 

At this time, the Office also notes that 

the change in policy for administering 

Deposit Accounts will increase the 

effectiveness and efficiency of the 

system for the Office and eliminate most 

of the problems that generated the 

initial questions. Hence, in light of the 

comments from the rights-holders and 

the new amendments announced today, 

the Office will continue to offer Deposit 

Accounts. 

List of Subjects in 37 CFR Part 201 

Copyright, General provisions. 

Final Regulation 

In consideration of the foregoing, the 

Copyright Office amends 37 CFR Ch. II 

as follows: 

PART 201—GENERAL PROVISIONS 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 17 U.S.C. 702, 708(c). 

■ 2. In § 201.6, revise paragraph (b) to 

read as follows: 

§ 201.6 Payment and refund of Copyright 

Office fees. 

* * * * * 

(b) Deposit accounts. (1) Persons or 

firms having 12 or more transactions a 

year with the Copyright Office may 

prepay copyright expenses by 

establishing a Deposit Account. The 

Office and the Deposit Account holder 

will cooperatively determine an 

appropriate minimum balance for the 

Deposit Account which, in no case, can 

be less than $450, and the Office will 

automatically notify the Deposit 

Account holder when the account goes 

below that balance. 

(2) The Copyright Office will close a 

Deposit Account the second time the 

Deposit Account holder overdraws his 

or her account within any 12-month 

period. An account closed for this 

reason can be re-opened only if the 

holder elects to fund it through 

automatic replenishment. 

(3) In order to ensure that a Deposit 

Account’s funds are sufficiently 

maintained, a Deposit Account holder 

may authorize the Copyright Office to 

automatically replenish the account 

from the holder’s bank account or credit 

card. The amount by which a Deposit 

Account will be replenished will be 

determined by the deposit account 

holder. Automatic replenishment will 

be triggered when the Deposit Account 

goes below the minimum level of 

funding established pursuant to 

paragraph (b)(1) of this section, and 

Deposit Account holders will be 

automatically notified that their 

accounts will be replenished. Funding 

through automatic replenishment is 

required if a Deposit Account holder, 

who has had an account closed because 

it has been overdrawn twice within any 

12 month period, wishes to re-open the 

account. 

* * * * * 

Dated: February 7, 2011. 

Maria Pallante, 

Acting Register of Copyrights. 

Approved by 

James H. Billington, 

The Librarian of Congress. 

[FR Doc. 2011–3598 Filed 2–16–11; 8:45 am] 

BILLING CODE 1410–30–P 

POSTAL SERVICE 

39 CFR Part 111 

New Customs Declarations Label 

Requirements 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: The Postal Service is revising 

the Mailing Standards of the United 

States Postal Service, Domestic Mail 

Manual (DMM®) 608.2.4 to require all 

mailpieces containing goods that enter 

the Customs Territory of the United 

States (CTUS), from outside the CTUS, 

to bear a customs declaration label. 

Additionally, the Postal Service updates 

the standards for items weighing 16 

ounces or more when sent to, from, or 

between, and in some circumstances, 

within certain U.S. territories, 

possessions, and Freely Associated 

States. 

DATES: Effective Date: June 6, 2011. 

FOR FURTHER INFORMATION CONTACT: Rick 

Klutts at 813–877–0372. 

SUPPLEMENTARY INFORMATION: Consistent 

with the Code of Federal Regulations, 

Title 19, Part 145—U.S. Customs and 

Border Protection, Department of 

Homeland Security, the Postal Service 

will require that all mailpieces 

containing goods that enter the CTUS, 

from outside the CTUS, to bear a 

customs declaration label. In addition, 

to ensure compliance with safety and 

security requirements of the United 

States Postal Inspection Service®, we 

are updating our standards for items 

weighing 16 ounces or more (regardless 


jlentini on DSKJ8SOYB1PROD with RULES
9232 Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 

of contents) when sent to, from, 

between, and, in some circumstances, 

within American Samoa, Guam, Palau, 

the Federated States of Micronesia, the 

Commonwealth of the Northern Mariana 

Islands, the Marshall Islands, and the 

U.S. Virgin Islands. 

Definitions and Requirements for Items 

Sent to the CTUS 

As defined in 19 CFR 101.1 and 

General Note 2 of the Harmonized Tariff 

Schedule of the United States, the CTUS 

includes only the 50 states, the District 

of Columbia, and Puerto Rico. 

U.S. territories, possessions, and 

Freely Associated States under DMM 

608.2.4 are considered ‘‘domestic’’ 

insofar as United States mail is sent to, 

from, or between these destinations; 

nonetheless, these destinations are 

outside the CTUS. As such, and 

consistent with 19 CFR 145.11, a clear 

and complete customs declaration label 

that describes the contents and value for 

the enclosed merchandise (that is, 

goods, or contents other than 

documents) must be secured to the 

mailpiece for each shipment when sent 

from a foreign post office. For the 

purpose of these new standards, ‘‘foreign 

post offices’’ include those in the 

following locations: 

• American Samoa 

• Commonwealth of the Northern 

Mariana Islands 

• Federated States of Micronesia 

• Guam 

• Palau 

• Republic of the Marshall Islands 

• U.S. Virgin Islands 

These revisions ensure compliance 

with regulations of U.S. Customs and 

Border Protection. 

Updated Standards for Items Weighing 

16 Ounces or More 

Current DMM standards require a 

customs declaration label for Priority 

Mail® items weighing 16 ounces or 

more when sent from the United States 

to American Samoa, Guam, Palau, the 

Federated States of Micronesia, the 

Commonwealth of the Northern Mariana 

Islands, and the Marshall Islands, and 

when such items are sent to the United 

States from those locations. We are 

updating these standards to encompass 

the Package Services and Periodicals 

mail classes and to extend this 

requirement when items are sent 

between, and in some circumstances, 

within certain U.S. territories, 

possessions, and Freely Associated 

States. This update also clarifies that the 

same customs declaration requirements 

are applicable for mail sent to these 

destinations from Puerto Rico and the 

U.S. Virgin Islands. 

These revisions ensure compliance 

with safety and security requirements of 

the Postal Inspection Service and other 

federal agencies. 

The Postal Service adopts the 

following changes to Mailing Standards 

of the United States Postal Service, 

Domestic Mail Manual (DMM), which is 

incorporated by reference in the Code of 

Federal Regulations. See 39 CFR 111.1. 

List of Subjects in 39 CFR Part 111 

Administrative practice and 

procedure, Postal Service. 

Accordingly, 39 CFR part 111 is 

amended as follows: 

PART 111—[AMENDED] 

■ 1. The authority citation for 39 CFR 

part 111 continues to read as follows: 

Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– 

307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, 

401, 403, 404, 414, 416, 3001–3011, 3201– 

3219, 3403–3406, 3621, 3622, 3626, 3632, 

3633, and 5001. 

■ 2. Revise the following sections of 

Mailing Standards of the United States 

Postal Service, Domestic Mail Manual 

(DMM), as follows: 

* * * * * 

600 Basic Standards for All Mailing 

Services 

* * * * * 

608 Postal Information and Resources 

* * * * * 

2.0 Domestic Mail 

* * * * * 

2.4 Customs Forms Required 

[Revise the title and text of 2.4.1 as 

follows:] 

2.4.1 Items Weighing 16 Ounces or 

More 

Except for items sent via Express 

Mail, or Priority Mail combined with 

Registered Mail service, any mailpiece 

(regardless of contents) weighing 16 

ounces or more must bear a properly 

completed PS Form 2976, Customs 

Declaration CN 22, or, if the customer 

prefers, a PS Form 2976–A, Customs 

Declaration and Dispatch Note—CP 72, 

when the item is: 

a. Sent from the United States, Puerto 

Rico, or the U.S. Virgin Islands to the 

ZIP Code destinations listed in the table 

below. 

b. Sent from the ZIP Code 

destinations listed in the table below to 

the United States, Puerto Rico, or the 

U.S. Virgin Islands. 

c. Sent between two different 

destinations listed in the ‘‘Territory, 

Possession, or Freely Associated States’’ 

column in the table below. 

d. Sent within American Samoa, the 

Federated States of Micronesia, the 

Commonwealth of the Northern Mariana 

Islands, or the Republic of the Marshall 

Islands. This standard does not apply to 

items sent within Guam or Palau. 

ZIP code 

Two-letter 

state abbreviation City Territory, possession, or freely associated 

state 

96799 ................................. AS Pago Pago ..................................................................... American Samoa. 

96910 ................................. GU Hagatna ......................................................................... Guam. 

96912 ................................. GU Dededo .......................................................................... Guam. 

96913 ................................. GU Barrigada ....................................................................... Guam. 

96915 ................................. GU Santa Rita ...................................................................... Guam. 

96916 ................................. GU Merizo ............................................................................ Guam. 

96917 ................................. GU Inarajan .......................................................................... Guam. 

96919 ................................. GU Agana Heights ............................................................... Guam. 

96921 ................................. GU Barrigada ....................................................................... Guam. 

96923 ................................. GU Mangilao ........................................................................ Guam. 

96928 ................................. GU Agat ............................................................................... Guam. 

96929 ................................. GU Yigo ............................................................................... Guam. 

96931 ................................. GU Tamuning ....................................................................... Guam. 

96932 ................................. GU Hagatna ......................................................................... Guam. 

96939 .................................

96940 

PW Palau ............................................................................. Palau. 

96941 ................................. FM Pohnpei ......................................................................... Federated States of Micronesia. 


jlentini on DSKJ8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 9233 

ZIP code 

Two-letter 

state abbreviation City Territory, possession, or freely associated 

state 

96942 ................................. FM Chuuk ............................................................................ Federated States of Micronesia. 

96943 ................................. FM Yap ................................................................................ Federated States of Micronesia. 

96944 ................................. FM Kosrae ........................................................................... Federated States of Micronesia. 

96950 ................................. MP Saipan ........................................................................... Commonwealth of the Northern Mariana 

Islands. 

96951 ................................. MP Rota ............................................................................... Commonwealth of the Northern Mariana 

Islands. 

96952 ................................. MP Tinian ............................................................................. Commonwealth of the Northern Mariana 

Islands. 

96960 ................................. MH Majuro ............................................................................ Republic of the Marshall Islands. 

96970 ................................. MH Ebeye ............................................................................ Republic of the Marshall Islands. 

[Renumber current items 2.4.2 through 

2.4.4 as 2.4.5 through 2.4.7 and insert 

new 2.4.2 through 2.4.4 as follows:] 

2.4.2 Items Containing Goods 

Regardless of mail class or weight, 

items containing goods (i.e., contents 

other than documents; see IMM 123.63 

for ‘‘document’’ eligibility) must bear a 

properly completed PS Form 2976, 

Customs Declaration CN 22, or, if the 

customer prefers, a PS Form 2976–A, 

Customs Declaration and Dispatch 

Note—CP 72, when the items are sent to 

the United States or Puerto Rico from 

the ZIP Code destinations listed in the 

table in 2.4.1, or from the U.S. Virgin 

Islands.. 

2.4.3 Improperly Prepared Items 

Mailpieces deposited without a 

properly completed customs form under 

2.4.1 and 2.4.2 will be returned to the 

sender. 

2.4.4 Overseas Military Mail 

For determining customs declarations’ 

required usage when mailing to or from 

APO, FPO, or DPO addresses, see 

703.2.3.6 through 703.2.3.8. 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes. 

Neva R. Watson, 

Attorney, Legislative. 

[FR Doc. 2011–3446 Filed 2–16–11; 8:45 am] 

BILLING CODE 7710–12–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Part 457 

[CMS–2291–F] 

RIN 0938–AP53 

Children’s Health Insurance Program 

(CHIP); Allotment Methodology and 

States’ Fiscal Years 2009 Through 

2015 CHIP Allotments 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Final rule. 

SUMMARY: This final rule describes the 

implementation of funding provisions 

under Title XXI of the Social Security 

Act (the Act), for the Children’s Health 

Insurance Program (CHIP), as amended 

by the Children’s Health Insurance 

Program Reauthorization Act of 2009 

(CHIPRA), by the Medicare, Medicaid, 

and SCHIP Extension Act of 2007 

(MMSEA), by other related CHIP 

legislation, and most recently by the 

Patient Protection and Affordable Care 

Act of 2010 (the Affordable Care Act). 

Specifically, this final rule addresses 

methodologies and procedures for 

determining States’ fiscal years 2009 

through 2015 allotments and payments 

in accordance with sections 2104 and 

2105 of the Act, as amended by CHIPRA 

and the Affordable Care Act. 

DATES: Effective Date: These regulations 

are effective on April 18, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strauss, (410) 786–2019. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. The Children’s Health Insurance 

Program 

Title XXI of the Social Security Act 

(the Act) sets forth CHIP to enable 

States, the District of Columbia, and 

specified Commonwealths and 

Territories to initiate and expand health 

insurance coverage to uninsured, lowincome children. The 50 States, the 

District of Columbia, and the 

Commonwealths and Territories may 

implement the CHIP through a separate 

child health program under title XXI of 

the Act, an expanded Medicaid program 

under title XIX of the Act, or a 

combination of both. 

Federal funds appropriated for title 

XXI are limited, and the law specifies a 

formula and methodology to divide the 

total annual appropriation into 

individual allotments available for each 

State, the District of Columbia, and each 

U.S. Territory and Commonwealth with 

an approved child health plan. 

B. Funding of CHIP Allotments Before 

the Enactment of CHIPRA 

Section 4901 of the Balanced Budget 

Act of 1997 (Pub. L. 105–33, enacted on 

August 5, 1997) (BBA), which added 

Title XXI to the Social Security Act, 

appropriated funding for States’ CHIPs 

for each fiscal year over a 10 fiscal year 

(FY) period from 1998 through 2007. 

The funding for each FY varied from 

$4.295 billion for FY 1998 up to $5.0 

billion for FY 2007. Under section 

2104(c)(4) of the Act, additional 

appropriations were provided for each 

of FYs 1999 through 2007 to provide 

additional allotment amounts 

particularly for the Commonwealths and 

Territories. 

Public Law 110–92 (enacted on 

September 29, 2007), contained 

provisions to extend funding under the 

CHIP through November 16, 2007. In 

particular, section 136(a) of Public Law 

110–92 appropriated $5 billion for the 

purposes of providing FY 2008 

allotments to the 50 States, the District 

of Columbia, and the Commonwealths 

and Territories. In addition, $40 million 

was appropriated by this section to 

provide additional allotments to the 

Commonwealths and Territories in FY 

2008. 


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