Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Proposed Rules 84279 

Executive Order 13771, ‘‘Reducing 

Regulation and Controlling Regulatory 

Costs’’ 

This proposed rule has been deemed 

not significant under Executive Order 

(E.O.) 12866, ‘‘Regulatory Planning and 

Review,’’ therefore, the requirements of 

E.O. 13771, ‘‘Reducing Regulation and 

Controlling Regulatory Costs’’ do not 

apply. 

Congressional Review Act 

This proposed rule is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

It has been certified that Privacy Act 

rules for the DoD do not have significant 

economic impact on a substantial 

number of small entities because they 

are concerned only with the 

administration of Privacy Act systems of 

records within the DoD. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

It has been determined that this 

proposed rule does not impose 

additional information collection 

requirements on the public under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

Section 202, Public Law 104–4, 

‘‘Unfunded Mandates Reform Act’’ 

It has been determined that this 

proposed rule does not involve a 

Federal mandate that may result in the 

expenditure by State, local and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

and that it will not significantly or 

uniquely affect small governments. 

Executive Order 13132, ‘‘Federalism’’ 

It has been determined that this 

proposed rule does not have federalism 

implications. This rule does not have 

substantial direct effects on the States, 

on the relationship between the 

National Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 32 CFR Part 310 

Privacy. 

Accordingly, 32 CFR part 310 is 

proposed to be amended as follows: 

PART 310—PROTECTION OF PRIVACY 

AND ACCESS TO AND AMENDMENT 

OF INDIVIDUAL RECORDS UNDER 

THE PRIVACY ACT OF 1974 

■ 1. The authority citation for 32 CFR 

part 310 continues to read as follows: 

Authority: 5 U.S.C. 552a. 

■ 2. Section 310.13 is amended by 

adding paragraph (e)(3) to read as 

follows: 

§ 310.13 Exemptions for DoD-wide 

systems. 

* * * * * 

(e) * * * 

(3) System identifier and name: DoD– 

0005, ‘‘Defense Training Records.’’ 

(i) Exemptions: This system of records 

is exempt from 5 U.S.C. 552a(c)(3) and 

(d)(1), (2), (3), and (4). 

(ii) Authority: 5 U.S.C. 552a(k)(1) and 

(6). 

(iii) Exemption from the particular 

subsections. Exemption from the 

particular subsections is justified for the 

following reasons: 

(A) Subsections (c)(3), (d)(1), and 

(d)(2)— 

(1) Exemption (k)(1). Training records 

in this system of records may contain 

information concerning DoD personnel 

or training materials that is properly 

classified pursuant to executive order. 

Application of exemption (k)(1) for such 

records may be necessary because 

access to and amendment of the records, 

or release of the accounting of 

disclosures for such records, could 

reveal classified information. Disclosure 

of classified records to an individual 

may cause damage to national security. 

(2) Exemption (k)(6). Training records 

in this system of records may contain 

information relating to testing or 

examination material used solely to 

determine individual qualifications for 

appointment or promotion in the 

Federal service. Application of 

exemption (k)(6) for such records may 

be necessary when access to and 

amendment of the records, or release of 

the accounting of disclosure for such 

records, may compromise the objectivity 

and fairness of the testing or 

examination process. Amendment of 

such records could also impose a highly 

impracticable administrative burden by 

requiring testing and examinations to be 

continuously re-administered. 

(B) Subsections (d)(3) and (4). These 

subsections are inapplicable to the 

extent an exemption is claimed from 

(d)(2). Moreover, applying the 

amendment appeal procedures to 

training and examination materials 

could impose a highly impractical 

administrative burden by requiring 

testing and examinations to be 

continuously re-administered. 

(iv) Exempt records from other 

systems. In the course of carrying out 

the overall purpose for this system, 

exempt records from other systems of 

records may in turn become part of the 

records maintained in this system. To 

the extent that copies of exempt records 

from those other systems of records are 

maintained in this system, the DoD 

claims the same exemptions for the 

records from those other systems that 

are entered into this system, as claimed 

for the prior system(s) of which they are 

a part, provided the reason for the 

exemption remains valid and necessary. 

Dated: November 25, 2020. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2020–26547 Filed 12–23–20; 8:45 am] 

BILLING CODE 5001–06–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 303 

[Docket No. 20–CRB–0013–RM] 

Procedural Regulations of the 

Copyright Royalty Board Regarding 

Electronic Filing System (eCRB) 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

propose to amend regulations governing 

the electronic filing of documents 

through the Copyright Royalty Board’s 

electronic filing system (eCRB) to permit 

attorney designees with approved eCRB 

user accounts to file on behalf of 

attorneys. The Judges solicit comments 

on the proposed amendments. 

DATES: Comments are due no later than 

January 27, 2021. 

ADDRESSES: You may send comments, 

identified by docket number 20–CRB– 

0013–RM, online through eCRB at 

https://app.crb.gov. 

Instructions: All submissions received 

must include the Copyright Royalty 

Board name and the docket number for 

this proposed rule. All comments 

received will be posted without change 

to eCRB at https://app.crb.gov, 

including any personal information 

provided. 

Docket: For access to the docket to 

read background documents or 

comments received, go to eCRB at 

https://app.crb.gov and perform a case 

search for docket 20–CRB–0013–RM. 

FOR FURTHER INFORMATION CONTACT: 

Anita Blaine, CRB Program Specialist, at 

202–707–7658 or crb@loc.gov. 

SUPPLEMENTARY INFORMATION: In 2017, 

the Copyright Royalty Board (CRB) 

codified the process for filing 

documents through its electronic filing 

system (eCRB) in a set of rules, 


tkelley on DSKBCP9HB2PROD with PROPOSALS
84280 Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Proposed Rules 

1The rules establishing eCRB were adopted in 

2017. Certain of those rules have subsequently been 

amended and renumbered. See 82 FR 18563 (Apr. 

20, 2017) and 84 FR 32296 (July 8, 2019). 

2The proposal to revise the entire section is for 

ease of reading, but substantive changes are 

proposed only to the text of paragraphs (c), (d), and 

(e). 

including what is currently Rule 303.5 

(37 CFR 303.5).1 Rule 303.5(c) lists three 

categories of people who may obtain 

eCRB passwords that will authorize 

them to electronically file documents: 

(1) Attorneys, (2) pro se parties, and (3) 

claimants. 37 CFR 303.5(c). The 

Copyright Royalty Judges (Judges) 

recognized a fourth category of people 

who might file documents using an 

attorney’s password, namely, an 

authorized employee or agent of an 

attorney’s law office or organization that 

would file on the attorney’s behalf. See 

37 CFR 303.5(d). The Judges refer to this 

fourth category of filers as an ‘‘attorney 

designee.’’ 

Although the Judges understand and 

expect that attorneys may not typically 

personally file the electronic documents 

that they submit to the CRB, the Judges 

believe that it is necessary to expressly 

authorize such practice and to set forth 

the obligations of attorneys and their 

designees for the documents that the 

designees file. eCRB will soon 

implement multifactor authentication at 

login which will make the current 

practice of a designee using an 

attorney’s password impractical. The 

Judges thus propose adding to Rule 

303.5(c) a fourth category of filer that 

would be required to obtain an eCRB 

password: Attorney designee. An 

attorney designee would be defined as 

‘‘a person authorized to file documents 

on behalf of an attorney.’’ 

Under the proposal, an attorney 

designee would be required to register 

for an eCRB user account and create a 

password in order to file documents on 

an attorney’s behalf. The attorney 

designee’s user account would be 

activated upon approval by the CRB of 

the attorney designee’s completed 

online registration form. The 

designating attorney would then 

authorize the attorney designee using a 

new function in eCRB. The designating 

attorney would be responsible for all 

documents filed on his or her behalf 

using the attorney designee’s password, 

which would serve as the designating 

attorney’s signature. 

The Judges also propose a number of 

non-substantive changes to Rule 303.5 

to account for the addition of the 

attorney designee and generally to 

enhance clarity.2

The Judges seek comments on all 

aspects of the proposal, including 

whether or not the proposed new 

category of filer—attorney designee—is 

necessary to clarify the obligations and 

responsibilities of those authorized to 

file documents electronically on behalf 

of attorneys. 

List of Subjects in 37 CFR Part 303 

Administrative practice and 

procedure, Copyright, Lawyers. 

Proposed Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

propose to amend part 303 of title 37 of 

the Code of Federal Regulations as 

follows: 

SUBCHAPTER A—GENERAL PROVISIONS 

PART 303—GENERAL 

ADMINISTRATIVE PROVISIONS 

Subchapter A— 

■ 1. The authority citation for part 303 

continues to read as follows: 

Authority: 17 U.S.C. 803. 

§ 303.5 [Amended] 

■ 2. Amend § 303.5 by revising it to read 

as follows: 

§ 303.5 Electronic filing system (eCRB). 

(a) Documents to be filed by electronic 

means. Except as otherwise provided in 

this chapter, all attorneys must file 

documents with the Copyright Royalty 

Board through eCRB. Pro se parties may 

file documents with the Copyright 

Royalty Board through eCRB, subject to 

§ 303.4(c)(2). 

(b) Official record. The electronic 

version of a document filed through and 

stored in eCRB will be the official 

record of the Copyright Royalty Board. 

(c) Obtaining an electronic filing 

password—(1) Attorneys. An attorney 

must register for an eCRB account and 

create an eCRB password in order to file 

documents or to receive copies of orders 

and determinations of the Copyright 

Royalty Judges. The attorney’s eCRB 

account and password will be activated 

upon approval by the Copyright Royalty 

Board of the attorney’s completed 

online application form available on the 

eCRB website. 

(2) Attorney designees. A person 

authorized by an attorney to file 

documents on behalf of that attorney (an 

attorney designee) must register for an 

eCRB account and create an eCRB 

password in order to file documents on 

the attorney’s behalf. The attorney 

designee’s eCRB account and password 

will be activated upon approval by the 

Copyright Royalty Board of the attorney 

designee’s completed online registration 

form available on the eCRB website. 

(3) Pro se parties. A party not 

represented by an attorney (a pro se 

party) may register for an eCRB account 

and create an eCRB password. The pro 

se party’s eCRB account and password 

will be activated if the Copyright 

Royalty Judges, in their discretion, 

approve the pro se party’s completed 

online application form available on the 

eCRB website. Once a pro se party’s 

application has been approved, that 

party must make all subsequent filings 

by electronic means through eCRB. 

(4) Claimants. Any person desiring to 

file a claim with the Copyright Royalty 

Board for copyright royalties must 

register for an eCRB account and create 

an eCRB password for the limited 

purpose of filing claims by completing 

the registration form available on the 

eCRB website. 

(d) Use of an eCRB password. An 

eCRB password may be used only by the 

person to whom it is assigned. The 

person to whom an eCRB password is 

assigned is responsible for any 

document filed using that password, 

except that designating attorneys are 

responsible for any document filed on 

the attorney’s behalf by an attorney 

designee. 

(e) Signature. The use of an eCRB 

password to log in and submit 

documents creates an electronic record. 

The password operates and serves as the 

signature of the person to whom the 

password is assigned for all purposes 

under this chapter III, except that the 

password of an attorney designee serves 

as the signature of the designating 

attorney on whose behalf the document 

is filed. 

(f) Originals of sworn documents. The 

electronic filing of a document that 

contains a sworn declaration, 

verification, certificate, statement, oath, 

or affidavit certifies that the original 

signed document is in the possession of 

the attorney or pro se party responsible 

for the filing and that it is available for 

review upon request by a party or by the 

Copyright Royalty Judges. The filer must 

file through eCRB a scanned copy of the 

signature page of the sworn document 

together with the document itself. 

(g) Consent to delivery by electronic 

means. An attorney or pro se party who 

obtains an eCRB password consents to 

electronic delivery of all documents, 

subsequent to the petition to participate, 

that are filed by electronic means 

through eCRB. Attorneys and pro se 

parties are responsible for monitoring 

their email accounts and, upon receipt 

of notice of an electronic filing, for 

retrieving the noticed filing. Parties and 

their counsel bear the responsibility to 

keep the contact information in their 

eCRB profiles current. 


tkelley on DSKBCP9HB2PROD with PROPOSALS
Federal Register / Vol. 85, No. 248 / Monday, December 28, 2020 / Proposed Rules 84281 

(h) Accuracy of docket entry. A 

person filing a document by electronic 

means, or, if the filer is an attorney 

designee, the designating attorney, is 

responsible for ensuring the accuracy of 

the official docket entry generated by 

the eCRB system, including proper 

identification of the proceeding, the 

filing party, and the description of the 

document. The Copyright Royalty Board 

will maintain on its website 

(www.loc.gov/crb) appropriate guidance 

regarding naming protocols for eCRB 

filers. 

(i) Documents subject to a protective 

order. A person filing a document by 

electronic means must ensure, at the 

time of filing, that any documents 

subject to a protective order are 

identified to the eCRB system as 

‘‘restricted’’ documents. This 

requirement is in addition to any 

requirements detailed in the applicable 

protective order. Failure to identify 

documents as ‘‘restricted’’ to the eCRB 

system may result in inadvertent 

publication of sensitive, protected 

material. 

(j) Exceptions to requirement of 

electronic filing—(1) Certain exhibits or 

attachments. Parties may file in paper 

form any exhibits or attachments that 

are not in a format that readily permits 

electronic filing, such as oversized 

documents; or are illegible when 

scanned into electronic format. Parties 

filing paper documents or things 

pursuant to this paragraph must deliver 

legible or usable copies of the 

documents or things in accordance with 

§ 303.6(a)(2) and must file electronically 

a notice of filing that includes a 

certificate of delivery. 

(2) Pro se parties. A pro se party may 

file documents in paper form and must 

deliver and accept delivery of 

documents in paper form, unless the pro 

se party has obtained an eCRB 

password. 

(k) Privacy requirements. (1) Unless 

otherwise instructed by the Copyright 

Royalty Judges, parties must exclude or 

redact from all electronically filed 

documents, whether designated 

‘‘restricted’’ or not: 

(i) Social Security numbers. If an 

individual’s Social Security number 

must be included in a filed document 

for evidentiary reasons, the filer must 

use only the last four digits of that 

number. 

(ii) Names of minor children. If a 

minor child must be mentioned in a 

document for evidentiary reasons, the 

filer must use only the initials of that 

child. 

(iii) Dates of birth. If an individual’s 

date of birth must be included in a 

pleading for evidentiary reasons, the 

filer must use only the year of birth. 

(iv) Financial account numbers. If a 

financial account number must be 

included in a pleading for evidentiary 

reasons, the filer must use only the last 

four digits of the account identifier. 

(2) Protection of personally 

identifiable information. If any 

information identified in paragraph 

(k)(1) of this section must be included 

in a filed document, the filing party 

must treat it as confidential information 

subject to the applicable protective 

order. In addition, parties may treat as 

confidential, and subject to the 

applicable protective order, other 

personal information that is not material 

to the proceeding. 

(l) Incorrectly filed documents. (1) 

The Copyright Royalty Board may direct 

an eCRB filer to re-file a document that 

has been incorrectly filed, or to correct 

an erroneous or inaccurate docket entry. 

(2) If an attorney or a pro se party who 

has been issued an eCRB password 

inadvertently presents a document for 

filing in paper form, the Copyright 

Royalty Board may direct that person to 

file the document electronically. The 

document will be deemed filed on the 

date it was first presented for filing if, 

no later than the next business day after 

being so directed by the Copyright 

Royalty Board, the attorney or pro se 

participant files the document 

electronically. If the filer fails to make 

the electronic filing on the next business 

day, the document will be deemed filed 

on the date of the electronic filing. 

(m) Technical difficulties. (1) A filer 

encountering technical problems with 

an eCRB filing must immediately notify 

the Copyright Royalty Board of the 

problem either by email, or by 

telephone, followed promptly by 

written confirmation. 

(2) If a filer is unable, due to technical 

problems, to make a filing with eCRB by 

an applicable deadline, and makes the 

notification required by paragraph 

(m)(1) of this section, the filer shall use 

electronic mail to make the filing with 

the Copyright Royalty Board and deliver 

the filing to the other parties to the 

proceeding. The filing shall be 

considered to have been made at the 

time it was filed by electronic mail. The 

Copyright Royalty Judges may direct the 

filer to refile the document through 

eCRB when the technical problem has 

been resolved, but the document shall 

retain its original filing date. 

(3) The inability to complete an 

electronic filing because of technical 

problems arising in the eCRB system 

may constitute ‘‘good cause’’ (as used in 

§ 303.6(b)(4)) for an order enlarging time 

or excusable neglect for the failure to act 

within the specified time, provided the 

filer complies with paragraph (m)(1) of 

this section. This section does not 

provide authority to extend statutory 

time limits. 

Dated: December 15, 2020. 

Jesse M. Feder, 

Chief Copyright Royalty Judge. 

[FR Doc. 2020–27941 Filed 12–23–20; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 595 

[Docket No. NHTSA–2016–0031] 

RIN 2127–AL67 

Make Inoperative Exemptions; Vehicle 

Modifications To Accommodate People 

With Disabilities 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), U.S. 

Department of Transportation (DOT). 

ACTION: Supplemental notice of 

proposed rulemaking (SNPRM). 

SUMMARY: In 2016, NHTSA published a 

notice of proposed rulemaking (NPRM) 

to amend our regulations, ‘‘Make 

Inoperative Exemptions, Vehicle 

Modifications to Accommodate People 

With Disabilities,’’ to include a new 

exemption relating to the Federal motor 

vehicle safety standard (FMVSS) for roof 

crush resistance. The exemptions 

facilitate the mobility of drivers and 

passengers with physical disabilities. 

This SNPRM expands the scope of 

NHTSA’s 2016 NPRM in two ways. 

First, it grants a petition from Bruno 

Independent Living Aids, Inc., and 

proposes to include in part 595 an 

exemption relating to the rear visibility 

requirements in FMVSS No. 111. 

Second, in response to an inquiry from 

Enterprise Holdings Co. (Enterprise), 

this document proposes to permit rental 

car companies to make inoperative a 

knee bolster air bag, on a temporary 

basis, to permit the temporary 

installation of hand controls to 

accommodate persons with physical 

disabilities seeking to rent the vehicle. 

DATES: Comments concerning this 

SNPRM should be submitted early 

enough to ensure that the Docket 

receives them not later than January 27, 

2021. In compliance with the Paperwork 

Reduction Act, NHTSA is also seeking 

comment on a revised information 

collection. See the Paperwork Reduction 

Act section under Regulatory Analyses 


tkelley on DSKBCP9HB2PROD with PROPOSALS