Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Rules and Regulations 11641 

98Public comments included several other 

proposals to modernize various aspects of the 

recordation process that are outside the scope of the 

proposed rule and subjects of inquiry. See, e.g., 

Authors Alliance Comments at 3 (proposing that the 

Office ‘‘consider developing or integrating tools that 

help authors understand the complex timing 

provisions governing notice and termination 

windows’’); Edell Howard Comments at 3, 9, 10 

(proposing, inter alia, that the Office allow the 

public to view recorded notices online and 

download certificates of recordation); NMPA 

Comments at 10 (proposing that works identified in 

notices be linked to the registration record); NSAI 

Comments at 8 (proposing, inter alia, that the Office 

might notify authors of when termination rights 

may be maturing or closing by using registration 

records). The Office will consider these proposals 

as its further regulatory and technology 

modernization efforts proceed, to the extent they 

are permitted by law. 

and public record pilot systems 

continues.98

List of Subjects in 37 CFR Part 201 

Copyright, General provisions. 

Final Regulations 

For the reasons set forth in the 

preamble, the Copyright Office amends 

37 CFR part 201 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 § 201.10: 

■ a. By revising paragraphs (d)(1) and 

(e)(1); 

■ b. In paragraph (f)(1)(ii)(A): 

■ i. By removing ‘‘will’’ from the first 

and second sentences and adding 

■ ii. By adding ‘‘on or’’ after ‘‘the date 

of recordation is’’; and 

■ c. In paragraph (f)(3), by removing ‘‘all 

of the elements required for recordation, 

including the prescribed fee and, if 

required, the statement of service, have 

been’’ and adding in its place ‘‘a copy 

of the notice of termination is’’. 

The revisions read as follows: 

§ 201.10 Notices of termination of 

transfers and licenses. 

* * * * * 

(d) * * * 

(1) The notice of termination shall be 

served upon each grantee whose rights 

are being terminated, or the grantee’s 

successor in title, by: 

(i) Personal service; 

(ii) First class mail sent or by 

reputable courier service delivered to an 

address which, after a reasonable 

investigation, is found to be the last 

known address of the grantee or 

successor in title; or 

(iii) Means of electronic transmission 

to: 

(A) An email address designated for 

service of notices of termination and/or 

legal process that is listed as such on the 

website of the grantee or successor in 

title in a location accessible to the 

public; 

(B) An email address provided to the 

terminating party by the grantee or 

successor in title, provided that the 

grantee, successor in title, or an agent 

thereof who is duly authorized to accept 

service on behalf of the grantee or 

successor in title expressly consents in 

writing to accept service at the address 

provided within thirty days before such 

service is made; or 

(C) An email address for the grantee 

or successor in title provided in 

accordance with instructions provided 

on the Office’s website in a public 

directory that the Office in its discretion 

may establish and maintain. 

* * * * * 

(e) * * * 

(1) Harmless errors in a notice, 

statement of service, or indexing 

information provided electronically or 

in a cover sheet shall not render the 

notice invalid. For purposes of this 

paragraph, an error is ‘‘harmless’’ if it 

does not materially affect the adequacy 

of the information required to serve the 

purposes of 17 U.S.C. 203, 304(c), or 

304(d), whichever applies. 

* * * * * 

Dated: February 8, 2021. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2021–03906 Filed 2–25–21; 8:45 am] 

BILLING CODE 1410–30–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 75 

RIN 0991–AC16 

Health and Human Services Grants 

Regulation 

AGENCY: Office of the Assistant 

Secretary for Financial Resources 

(ASFR), Health and Human Services 

(HHS or the Department). 

ACTION: Notification; postponement of 

effectiveness. 

SUMMARY: The U.S. District Court for the 

District of Columbia in Facing Foster 

Care et al. v. HHS, 21–cv–00308 (D.D.C. 

Feb. 2, 2021), has postponed the 

effectiveness of portions of the final rule 

making amendments to the Uniform 

Administrative Requirements, 

promulgated on January 12, 2021. Those 

provisions are now effective August 11, 

2021. 

DATES: February 9, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Johanna Nestor at Johanna.Nestor@

hhs.gov or 202–205–5904. 

SUPPLEMENTARY INFORMATION: On 

January 12, 2021, the Department issued 

amendments to and repromulgated 

portions of the Uniform Administrative 

Requirements, 45 CFR part 75. 86 FR 

2257. That rule repromulgated 

provisions of part 75 that were 

originally published late in 2016. It also 

made amendments to 45 CFR 75.300(c) 

and (d). 

Specifically, the rule amended 

paragraph (c), which previously 

provided that it is a public policy 

requirement of HHS that no person 

otherwise eligible will be excluded from 

participation in, denied the benefits of, 

or subjected to discrimination in the 

administration of HHS programs and 

services based on non-merit factors such 

as age, disability, sex, race, color, 

national origin, religion, gender 

identity, or sexual orientation. 

Recipients must comply with this 

public policy requirement in the 

administration of programs supported 

by HHS awards. The rule amended 

paragraph (c) to provide that it is a 

public policy requirement of HHS that 

no person otherwise eligible will be 

excluded from participation in, denied 

the benefits of, or subjected to 

discrimination in the administration of 

HHS programs and services, to the 

extent doing so is prohibited by federal 

statute. 

Additionally, the rule amended 

paragraph (d), which previously 

provided that in accordance with the 

Supreme Court decisions in United 

States v. Windsor and in Obergefell v. 

Hodges, all recipients must treat as valid 

the marriages of same-sex couples. This 

does not apply to registered domestic 

partnerships, civil unions or similar 

formal relationships recognized under 

state law as something other than a 

marriage. The rule amended paragraph 

(d) to provide that HHS will follow all 

applicable Supreme Court decisions in 

administering its award programs. 

On February 2, the portions of 

rulemaking amendments to § 75.300 

(and a conforming amendment at 

§ 75.101(f)) were challenged in the U.S. 

District Court for the District of 

Columbia. Facing Foster Care et al. v. 

HHS, 21–cv–00308 (D.D.C. filed Feb. 2, 

2021). On February 9, the court 

postponed, pursuant to 5 U.S.C. 705, the 

effective date of the challenged portions 

of the rule by 180 days, until August 11, 


khammond on DSKJM1Z7X2PROD with RULES
11642 Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Rules and Regulations 

1See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Feb. 2, 2021) (order 

postponing effective date), ECF No. 18. 

2021.1 The Department is issuing this 

notification to apprise the public of the 

court’s order. The portions of the rule 

not affected by the court’s order remain 

in effect. 

Norris Cochran, 

Acting Secretary, Department of Health and 

Human Services. 

[FR Doc. 2021–03967 Filed 2–24–21; 11:15 am] 

BILLING CODE 4150–24–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 25 

[IB Docket No. 16–408; FCC 20–119; FR ID 

17497] 

Updates Concerning NonGeostationary, Fixed-Satellite Service 

Systems and Related Matters 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) eliminates the domestic 

coverage requirement for nongeostationary-satellite orbit, fixedsatellite service (NGSO FSS) systems. 

DATES: Effective February 26, 2021. 

FOR FURTHER INFORMATION CONTACT: Clay 

DeCell, International Bureau, 

Clay.DeCell@fcc.gov, 202–418–0803. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Second 

Report and Order, FCC 20–119, adopted 

August 26, 2020, and released August 

28, 2020. The full text of the Second 

Report and Order is available at https:// 

apps.fcc.gov/edocs_public/attachmatch/ 

FCC-20-199A1.pdf. To request materials 

in accessible formats for people with 

disabilities, send an email to FCC504@

fcc.gov or call the Consumer & 

Governmental Affairs Bureau at 202– 

418–0530 (voice), 202–418–0432 (TTY). 

Final Regulatory Flexibility Analysis 

As required by the Regulatory 

Flexibility Act of 1980, as amended 

(RFA), an Initial Regulatory Flexibility 

Analysis (IRFA) was incorporated in the 

Further Notice of Proposed Rulemaking 

in this proceeding. The Commission 

sought written public comment on the 

proposals in the Notice, including 

comment on the IRFA. No comments 

were received on the IRFA. This present 

Final Regulatory Flexibility Analysis 

(FRFA) conforms to the RFA. 

Paperwork Reduction Act 

This document eliminates, and thus 

does not contain new or revised, 

information collection requirements 

subject to the Paperwork Reduction Act 

of 1995 (PRA), Public Law 104–13, 44 

U.S.C. 3501–3520. In addition, 

therefore, it does not contain any new 

or modified ‘‘information burden for 

small business concerns with fewer than 

25 employees’’ pursuant to the Small 

Business Paperwork Relief Act of 2002, 

Public Law 107–198, 44 U.S.C. 

3506(c)(4). 

Congressional Review Act 

The Commission has determined, and 

the Administrator of the Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

concurs that this rule is ‘‘non-major’’ 

under the Congressional Review Act, 5 

U.S.C. 804(2). The Commission will 

send a copy of this Second Report and 

Order to Congress and the Government 

Accountability Office pursuant to 5 

U.S.C. 801(a)(1)(A). 

Synopsis 

In this Second Report and Order, the 

Commission eliminates the domestic 

coverage requirement for NGSO FSS 

systems. This action will provide greater 

regulatory certainty and operational 

flexibility to innovative NGSO FSS 

systems, while meeting the 

Commission’s goal of promoting 

widespread NGSO service offerings. 

The Commission’s rules currently 

require NGSO FSS systems to be 

capable of providing continuous service 

within the fifty states, Puerto Rico, and 

the U.S. Virgin Islands. This domestic 

coverage requirement was originally 

adopted for mobile-satellite service 

(MSS) systems to promote efficient and 

ubiquitous service by satellite systems 

that are, as a general matter, unable to 

share spectrum. It was subsequently 

expanded to NGSO FSS systems to 

maximize use of a global spectrum 

resource allocated to this service, based 

on the assumption that NGSO FSS 

systems were inherently global in 

nature. 

Since the Commission adopted its 

NGSO FSS domestic coverage 

requirements in 1997 and 2002, a 

number of NGSO FSS systems have 

been proposed that were not inherently 

global in nature. These systems have 

been designed to meet the requirements 

of certain underserved areas, where 

satellite services in general are 

especially valuable, such as in Alaska or 

on islands and ships in the Pacific 

Ocean. In addition, not all NGSO FSS 

systems may provide general consumer 

or enterprise broadband services. 

Instead, they may focus on a narrower 

set of services for which there is no 

significant nationwide demand or 

rationale for imposing nationwide 

coverage for these services. 

Furthermore, in 47 CFR 25.261 the 

Commission has developed new, more 

efficient sharing criteria among NGSO 

FSS systems to encourage multiple 

systems to operate in different areas of 

the United States simultaneously. These 

spectrum sharing possibilities among 

NGSO FSS systems also allow both 

broad coverage and specialized coverage 

systems to coexist. Accordingly, one 

NGSO FSS system with only partial 

coverage of the United States does not 

preclude another NGSO FSS system 

from covering the remainder of the 

United States or from providing full 

U.S. coverage. Indeed, allowing targeted 

or regional coverage may promote more 

intense and efficient use of this 

spectrum by enabling geographic 

sharing in addition to other forms of 

sharing already in use. 

Retaining the domestic coverage rule 

requires design tradeoffs that may 

hamper or preclude innovative satellite 

system designs, which could otherwise 

better address market needs. 

Eliminating this rule serves the public 

interest by removing this unnecessary 

limit on design and operational 

flexibility, which imposes an artificial 

constraint on such technological 

evolution and innovation. 

Cumulatively, NGSO FSS systems 

that have already been approved by the 

Commission will provide complete 

coverage of the United States, and the 

long reach of satellite technology, with 

the particular advantages of lowerlatency associated with NGSO FSS 

systems, provide inherent incentives for 

future NGSO FSS systems to likewise 

provide coverage across the United 

States, especially the underserved areas. 

For example, the domestic coverage 

requirements were waived for the first, 

currently operating NGSO FSS system, 

but this system was later expanded to 

provide full coverage of the United 

States not because of a regulatory 

imposition but growing business 

rationales. We are therefore not 

persuaded by parties claiming that 

elimination of the domestic coverage 

requirement would weaken incentives 

for NGSO FSS operators to provide 

service in rural and remote areas, 

notably in Alaska. 

For similar reasons, we disagree with 

commenters who argue that, absent the 

domestic coverage requirement, NGSO 

FSS operators will concentrate on highpopulation areas to the exclusion of 

rural and remote areas. NGSO FSS 


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