Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules 18739 

accomplish reclamation and achieve 

bond release as quickly as possible. 

III. Public Comment Procedures 

Under the provisions of 30 CFR 

732.17(h), we are seeking your 

comments on whether the amendment 

satisfies the applicable program 

approval criteria of 30 CFR 732.15. If we 

approve the amendment, it will become 

part of the State program. 

Electronic or Written Comments 

If you submit written comments, they 

should be specific, confined to issues 

pertinent to the proposed regulations, 

and explain the reason for any 

recommended change(s). We appreciate 

any and all comments, but those most 

useful and likely to influence decisions 

on the final regulations will be those 

that either involve personal experience 

or include citations to and analyses of 

SMCRA, its legislative history, its 

implementing regulations, case law, 

other pertinent State or Federal laws or 

regulations, technical literature, or other 

relevant publications. 

We cannot ensure that comments 

received after the close of the comment 

period (see DATES) or sent to an address 

other than those listed (see ADDRESSES) 

will be included in the docket for this 

rulemaking and considered. 

Public Availability of Comments 

Before including your address, phone 

number, email address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment—including your 

personal identifying information—may 

be made publicly available at any time. 

While you can ask us in your comment 

to withhold your personal identifying 

information from public review, we 

cannot guarantee that we will be able to 

do so. 

Public Hearing 

If you wish to speak at the public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT by 4 

p.m., c.d.t. on April 12, 2012. If you are 

disabled and need reasonable 

accommodations to attend a public 

hearing, contact the person listed under 

FOR FURTHER INFORMATION CONTACT. We 

will arrange the location and time of the 

hearing with those persons requesting 

the hearing. If no one requests an 

opportunity to speak, we will not hold 

a hearing. 

To assist the transcriber and ensure an 

accurate record, we request, if possible, 

that each person who speaks at the 

public hearing provide us with a written 

copy of his or her comments. The public 

hearing will continue on the specified 

date until everyone scheduled to speak 

has been given an opportunity to be 

heard. If you are in the audience and 

have not been scheduled to speak and 

wish to do so, you will be allowed to 

speak after those who have been 

scheduled. We will end the hearing after 

everyone scheduled to speak and others 

present in the audience who wish to 

speak, have been heard. 

Public Meeting 

If only one person requests an 

opportunity to speak, we may hold a 

public meeting rather than a public 

hearing. If you wish to meet with us to 

discuss the amendment, please request 

a meeting by contacting the person 

listed under FOR FURTHER INFORMATION

CONTACT. All such meetings are open to 

the public and, if possible, we will post 

notices of meetings at the locations 

listed under ADDRESSES. We will make 

a written summary of each meeting a 

part of the administrative record. 

IV. Procedural Determinations 

Executive Order 12866—Regulatory 

Planning and Review 

This rule is exempted from review by 

the Office of Management and Budget 

(OMB) under Executive Order 12866. 

Other Laws and Executive Orders 

Affecting Rulemaking 

When a State submits a program 

amendment to OSM for review, our 

regulations at 30 CFR 732.17(h) require 

us to publish a notice in the Federal 

Register indicating receipt of the 

proposed amendment, its text or a 

summary of its terms, and an 

opportunity for public comment. We 

conclude our review of the proposed 

amendment after the close of the public 

comment period and determine whether 

the amendment should be approved, 

approved in part, or not approved. At 

that time, we will also make the 

determinations and certifications 

required by the various laws and 

executive orders governing the 

rulemaking process and include them in 

the final rule. 

List of Subjects in 30 CFR Part 943 

Intergovernmental relations, Surface 

mining, Underground mining. 

Dated: February 21, 2012. 

Ervin J. Barchenger, 

Regional Director, Mid-Continent Region. 

[FR Doc. 2012–7470 Filed 3–27–12; 8:45 am] 

BILLING CODE 4310–05–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2012–0163] 

RIN 1625–AA00 

Safety Zone; Bay Swim V, Presque Isle 

Bay, Erie, PA 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

establish a temporary safety zone on the 

waters of Presque Island Bay, Erie, PA. 

This proposed safety zone is intended to 

restrict vessels from a portion of the 

Presque Island Bay during the Bay 

Swim V swimming event. The safety 

zone established by this proposed safety 

zone is necessary to protect participants, 

spectators, and vessels from the hazards 

associated with a large scale swimming 

event. 

DATES: Comments and related materials 

must be received by the Coast Guard on 

or before April 27, 2012. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2012–0163 using any one of the 

following methods: 

(1) Federal eRulemaking Portal: 

http://www.regulations.gov. 

(2) Fax: 202–493–2251. 

(3) Mail: Docket Management Facility 

(M–30), U.S. Department of 

Transportation, West Building Ground 

Floor, Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590– 

0001. 

(4) Hand delivery: Same as mail 

address above, between 9 a.m. and 

5 p.m., Monday through Friday, except 

Federal holidays. The telephone number 

is 202–366–9329. 

To avoid duplication, please use only 

one of these four methods. See the 

‘‘Public Participation and Request for 

Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email LT Christopher 

Mercurio, Chief of Waterway 

Management, U.S. Coast Guard Sector 

Buffalo; telephone 716–843–9343, email 

SectorBuffaloMarineSafety@uscg.mil. If 

you have questions on viewing or 

submitting material to the docket, call 

Renee V. Wright, Program Manager, 

Docket Operations, telephone 202–366– 

9826. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
18740 Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules 

SUPPLEMENTARY INFORMATION: 

Public Participation and Request for 

Comments 

We encourage you to participate in 

this rulemaking by submitting 

comments and related materials. All 

comments received will be posted 

without change to http:// 

www.regulations.gov and will include 

any personal information you have 

provided. 

Submitting Comments 

If you submit a comment, please 

include the docket number for this 

rulemaking (USCG–2012–0163), 

indicate the specific section of this 

document to which each comment 

applies, and provide a reason for each 

suggestion or recommendation. You 

may submit your comments and 

material online (via http:// 

www.regulations.gov) or by fax, mail, or 

hand delivery, but please use only one 

of these means. If you submit a 

comment online via 

www.regulations.gov, it will be 

considered received by the Coast Guard 

when you successfully transmit the 

comment. If you fax, hand deliver, or 

mail your comment, it will be 

considered as having been received by 

the Coast Guard when it is received at 

the Docket Management Facility. We 

recommend that you include your name 

and a mailing address, an email address, 

or a telephone number in the body of 

your document so that we can contact 

you if we have questions regarding your 

submission. 

To submit your comment online, go to 

http://www.regulations.gov, click on the 

‘‘submit a comment’’ box, which will 

then become highlighted in blue. In the 

‘‘Document Type’’ drop down menu 

select ‘‘Proposed Rule’’ and insert 

‘‘USCG–2012–0163’’ in the ‘‘Keyword’’ 

box. Click ‘‘Search’’ then click on the 

balloon shape in the ‘‘Actions’’ column. 

If you submit your comments by mail or 

hand delivery, submit them in an 

unbound format, no larger than 81⁄2 by 

11 inches, suitable for copying and 

electronic filing. If you submit 

comments by mail and would like to 

know that they reached the Facility, 

please enclose a stamped, self-addressed 

postcard or envelope. We will consider 

all comments and material received 

during the comment period and may 

change the rule based on your 

comments. 

Viewing Comments and Documents 

To view comments, as well as 

documents mentioned in this preamble 

as being available in the docket, go to 

http://www.regulations.gov, click on the 

‘‘read comments’’ box, which will then 

become highlighted in blue. In the 

‘‘Keyword’’ box insert ‘‘USCG–2012– 

0163’’ and click ‘‘Search.’’ Click the 

‘‘Open Docket Folder’’ in the ‘‘Actions’’ 

column. You may also visit the Docket 

Management Facility in Room W12–140 

on the ground floor of the Department 

of Transportation West Building, 1200 

New Jersey Avenue SE., Washington, 

DC 20590, between 9 a.m. and 5 p.m., 

Monday through Friday, except Federal 

holidays. We have an agreement with 

the Department of Transportation to use 

the Docket Management Facility. 

Privacy Act 

Anyone can search the electronic 

form of comments received into any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). You may review a Privacy 

Act notice regarding our public dockets 

in the January 17, 2008, issue of the 

Federal Register (73 FR 3316). 

Public Meeting 

We do not now plan to hold a public 

meeting. But you may submit a request 

for one using one of the four methods 

specified under ADDRESSES. Please 

explain why you believe a public 

meeting would be beneficial. If we 

determine that one would aid this 

rulemaking, we will hold one at a time 

and place announced by a later notice 

in the Federal Register. 

Background and Purpose 

Between 9 a.m. and 11 a.m. on June 

30, 2012, a large scale swimming event 

will take place on Presque Isle Bay near 

Erie, PA. The Captain of the Port Buffalo 

has determined that this large scale 

swimming event across a navigable 

waterway will pose significant risks to 

participants and the boating public. 

Discussion of Proposed Rule 

With the aforementioned risks in 

mind, the Captain of the Port Buffalo 

has determined that this proposed 

temporary safety zone is necessary to 

ensure the safety of participants and the 

boating public during the Bay Swim V 

event. 

The proposed safety zone will be 

effective and enforced from 8:30 a.m. 

until 11:30 a.m. on June 30, 2012. 

The proposed safety zone will 

encompass all waters of Presque Isle 

Bay, Erie, PA starting from Vista 3 in 

Presque Isle State Park at position 

42°07′29.30′′ N, 80°08′48.82′′ W and 

extend in a straight line 1,000 feet wide 

to the Erie Yacht Club at position 

42°07′21.74′′ N, 80°07′58.30′′ W 

(DATUM: NAD 83). 

All persons and vessels shall comply 

with the instructions of the Coast Guard 

Captain of the Port Buffalo or the 

designated on scene patrol personnel. 

Entry into, transiting, or anchoring 

within the proposed safety zone is 

prohibited unless authorized by the 

Captain of the Port Buffalo or his 

designated on-scene representative. The 

Captain of the Port Buffalo or his 

designated on-scene representative may 

be contacted via VHF Channel 16. 

Regulatory Analyses 

We developed this proposed rule after 

considering numerous statutes and 

executive orders related to rulemaking. 

Below we summarize our analyses 

based on 13 of these statutes or 

executive orders. 

Regulatory Planning and Review 

Executive Orders 12866, Regulatory 

Planning and Review, and 13563, 

Improving Regulation and Regulatory 

Review, direct agencies to assess the 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). Executive Order 13563 

emphasizes the importance of 

quantifying both costs and benefits, of 

reducing costs, of harmonizing rules, 

and of promoting flexibility. This 

proposed rule is not a significant 

regulatory action under section 3(f) of 

Executive Order 12866, Regulatory 

Planning and Review, and does not 

require an assessment of potential costs 

and benefits under section 6(a)(3) of that 

Order. The Office of Management and 

Budget has not reviewed it under that 

Order. 

We conclude that this proposed rule 

is not a significant regulatory action 

because we anticipate that it will have 

minimal impact on the economy, will 

not interfere with other agencies, will 

not adversely alter the budget of any 

grant or loan recipients, and will not 

raise any novel legal or policy issues. 

The safety zone created by this 

proposed rule will be relatively small 

and enforced for relatively short time. 

Also, the safety zone is designed to 

minimize its impact on navigable 

waters. Furthermore, the safety zone has 

been designed to allow vessels to transit 

around it. Thus, restrictions on vessel 

movement within that particular area 

are expected to be minimal. Under 

certain conditions, moreover, vessels 

may still transit through the safety zone 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules 18741 

when permitted by the Captain of the 

Port Buffalo. 

Small Entities 

Under the Regulatory Flexibility Act 

(5 U.S.C. 601–612), we have considered 

whether this proposed rule would have 

a significant economic impact on a 

substantial number of small entities. 

The term ‘‘small entities’’ comprises 

small businesses, not-for-profit 

organizations that are independently 

owned and operated and are not 

dominant in their fields, and 

governmental jurisdictions with 

populations of less than 50,000. 

The Coast Guard certifies under 5 

U.S.C. 605(b) that this proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

This proposed rule may affect the 

following entities, some of which might 

be small entities: The owners of 

operators of vessels intending to transit 

or anchor in a portion of Presque Isle 

Bay near Erie, PA between 8:30 a.m. to 

11:30 p.m. on June 30, 2012. 

This safety zone will not have a 

significant economic impact on a 

substantial number of small entities 

because this proposed rule would be in 

effect for only approximately three 

hours. Also, in the event that this 

temporary safety zone affects shipping, 

commercial vessels may request 

permission from the Captain of the Port 

Buffalo to transit through the safety 

zone. Additionally, the Coast Guard will 

give advanced notice to the public via 

a local Broadcast Notice to Mariners that 

the regulation is in effect. Moreover, the 

Captain of the Port Buffalo will suspend 

enforcement of the safety zone if the 

event for which the zone is established 

ends earlier than the expected time. 

If you think that your business, 

organization, or governmental 

jurisdiction qualifies as a small entity 

and that this rule would have a 

significant economic impact on it, 

please submit a comment (see 

ADDRESSES) explaining why you think it 

qualifies and how and to what degree 

this rule would economically affect it. 

Assistance for Small Entities 

Under section 213(a) of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121), 

we want to assist small entities in 

understanding this proposed rule so that 

they can better evaluate its effects on 

them and participate in the rulemaking. 

If this proposed rule would affect your 

small business, organization, or 

governmental jurisdiction and you have 

questions concerning its provisions or 

options for compliance, please contact 

LT Christopher Mercurio, Chief of 

Waterway Management, U.S. Coast 

Guard Sector Buffalo; telephone 716– 

843–9343, email 

SectorBuffaloMarineSafety@uscg.mil. 

The Coast Guard will not retaliate 

against small entities that question or 

complain about this proposed rule or 

any policy or action of the Coast Guard. 

Collection of Information 

This proposed rule would call for no 

new collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520.). 

Federalism 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on State or local governments and 

would either preempt State law or 

impose a substantial direct cost of 

compliance on them. We have analyzed 

this proposed rule under that Order and 

have determined that it does not have 

implications for federalism 

Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this 

proposed rule would not result in such 

an expenditure, we do discuss the 

effects of this proposed rule elsewhere 

in this preamble. 

Taking of Private Property 

This proposed rule would not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630, Governmental 

Actions and Interference with 

Constitutionally Protected Property 

Rights. 

Civil Justice Reform 

This proposed rule meets applicable 

standards in sections 3(a) and 3(b)(2) of 

Executive Order 12988, Civil Justice 

Reform, to minimize litigation, 

eliminate ambiguity, and reduce 

burden. 

Protection of Children 

We have analyzed this proposed rule 

under Executive Order 13045, 

Protection of Children from 

Environmental Health Risks and Safety 

Risks. This proposed rule is not an 

economically significant rule and would 

not create an environmental risk to 

health or risk to safety that might 

disproportionately affect children. 

Indian Tribal Governments 

This proposed rule does not have 

tribal implications under Executive 

Order 13175, Consultation and 

Coordination with Indian Tribal 

Governments, because it does not have 

a substantial direct effect on one or 

more Indian tribes, on the relationship 

between the Federal Government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal Government and Indian tribes. 

Energy Effects 

We have analyzed this proposed rule 

under Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use. We have 

determined that it is not a ‘‘significant 

energy action’’ under that order because 

it is not a ‘‘significant regulatory action’’ 

under Executive Order 12866 and is not 

likely to have a significant adverse effect 

on the supply, distribution, or use of 

energy. The Administrator of the Office 

of Information and Regulatory Affairs 

has not designated it as a significant 

energy action. Therefore, it does not 

require a Statement of Energy Effects 

under Executive Order 13211. 

Technical Standards 

The National Technology Transfer 

and Advancement Act (NTTAA) (15 

U.S.C. 272 note) directs agencies to use 

voluntary consensus standards in their 

regulatory activities unless the agency 

provides Congress, through the Office of 

Management and Budget, with an 

explanation of why using these 

standards would be inconsistent with 

applicable law or otherwise impractical. 

Voluntary consensus standards are 

technical standards (e.g., specifications 

of materials, performance, design, or 

operation; test methods; sampling 

procedures; and related management 

systems practices) that are developed or 

adopted by voluntary consensus 

standards bodies. 

This proposed rule does not use 

technical standards. Therefore, we did 

not consider the use of voluntary 

consensus standards. 

Environment 

We have analyzed this proposed rule 

under Department of Homeland 

Security Management Directive 023–01 

and Commandant Instruction 

M16475.lD, which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 

(NEPA) (42 U.S.C. 4321–4370f), and 

have made a preliminary determination 


tkelley on DSK3SPTVN1PROD with PROPOSALS
18742 Federal Register / Vol. 77, No. 60 / Wednesday, March 28, 2012 / Proposed Rules 

that this action is one of a category of 

actions that do not individually or 

cumulatively have a significant effect on 

the human environment. This proposed 

rule is categorically excluded, under 

figure 2–1, paragraph (34) (g), of the 

Instruction because it involves the 

establishment of a safety zone. 

A preliminary environmental analysis 

checklist and categorical exclusion 

determination are available in the 

docket where indicated under 

ADDRESSES. We seek any comments or 

information that may lead to the 

discovery of a significant environmental 

impact from this proposed rule. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR Part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 46 U.S.C. 

Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Pub. L. 107–295, 116 Stat. 2064; Department 

of Homeland Security Delegation No. 0170.1. 

2. Add § 165.T09–0163 to read as 

follows: 

§ 165.T09–0163 Safety Zone; Bay Swim V, 

Presque Isle Bay, Erie, PA. 

(a) Location. The safety zone will 

encompass all waters of Presque Isle 

Bay, Erie, PA starting from Vista 3 in 

Presque Isle State Park at position 

42°07′29.30′′ N, 80°08′48.82′′ W and 

extend in a straight line 1,000 feet wide 

to the Erie Yacht Club at position 

42°07′21.74′′ N, 80°07′58.30′′ W. (NAD 

83) 

(b) Effective and Enforcement Period. 

This regulation is effective and will be 

enforced from 8:30 a.m. to 11:30 a.m. on 

June 30, 2012. 

(c) Regulations. 

(1) In accordance with the general 

regulations in section 165.23 of this 

part, entry into, transiting, or anchoring 

within this safety zone is prohibited 

unless authorized by the Captain of the 

Port Buffalo or his designated on-scene 

representative. 

(2) This safety zone is closed to all 

vessel traffic, except as may be 

permitted by the Captain of the Port 

Buffalo or his designated on-scene 

representative. 

(3) The ‘‘on-scene representative’’ of 

the Captain of the Port Buffalo is any 

Coast Guard commissioned, warrant or 

petty officer who has been designated 

by the Captain of the Port Buffalo to act 

on his behalf. The on-scene 

representative of the Captain of the Port 

Buffalo is any Coast Guard 

commissioned, warrant or petty officer 

who has been designated by the Captain 

of the Port Buffalo to act on his behalf. 

(4) Vessel operators desiring to enter 

or operate within the safety zone shall 

contact the Captain of the Port Buffalo 

or his on-scene representative to obtain 

permission to do so. The Captain of the 

Port Buffalo or his on-scene 

representative may be contacted via 

VHF Channel 16. Vessel operators given 

permission to enter or operate in the 

safety zone must comply with all 

directions given to them by the Captain 

of the Port Buffalo, or his on-scene 

representative. 

Dated: March 6, 2012. 

S.M. Wischmann, 

Captain, U. S. Coast Guard, Captain of the 

Port Buffalo. 

[FR Doc. 2012–7395 Filed 3–27–12; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Parts 201 and 203 

[Docket No. 2012–1] 

Copyright Office Fees 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Copyright Office is 

proposing the adoption of new fees for 

the registration of claims, recordation of 

documents, special services, Licensing 

Division services, and processing of 

FOIA requests. The proposed fees 

would recover a significant part of the 

costs to the Office for services that 

benefit both copyright owners and the 

public, and provide full cost recovery 

for many services which benefit only or 

primarily the user of that service. As 

part of the fee setting process, the Office 

is providing an opportunity to the 

public to comment on the proposed 

changes before submitting the fee 

schedule to Congress for review. 

DATES: Comments must be received in 

the Office of the General Counsel of the 

Copyright Office no later than May 14, 

2012. 

ADDRESSES: The Copyright Office 

strongly prefers that comments be 

submitted electronically. A comment 

page containing a comment form is 

posted on the Copyright Office Web site 

at http://www.copyright.gov/docs/ 

newfees/comments/. The Web site 

interface requires submitters to 

complete a form specifying name and 

organization, as applicable, and to 

upload comments as an attachment via 

a browse button. To meet accessibility 

standards, all comments must be 

uploaded in a single file not to exceed 

six megabytes (MB) in one of the 

following formats: The Adobe Portable 

Document File (PDF) format that 

contains searchable, accessible text (not 

an image); Microsoft Word; 

WordPerfect; Rich Text Format (RTF); or 

ASCII text file format (not a scanned 

document). The form and face of the 

comments must include both the name 

of the submitter and the organization. 

All comments will be posted publicly 

on the Copyright Office Web site exactly 

as they are received, along with names 

and organizations. If electronic 

submission of comments is not feasible, 

please contact the Copyright Office at 

(202) 707–8380 for special instructions. 

FOR FURTHER INFORMATION CONTACT: 

Megan Rivet, Budget Analyst, or Tanya 

Sandros, Deputy General Counsel, at 

(202) 707–8380. 

SUPPLEMENTARY INFORMATION: The 

Copyright Act (the ‘‘Copyright Act’’ or 

‘‘Act’’) provides that the Register of 

Copyrights may, by regulation, adjust 

fees for certain, enumerated services 

based upon a study of costs incurred by 

the Copyright Office. The study must 

consider the timing of any adjustment as 

well as the authority to use such fees 

consistent with the budget. The 

Register’s proposed changes are subject 

to review by Congress. However, the 

Register may implement the changes at 

the end of 120 days after submitting 

them to Congress in conjunction with an 

economic analysis unless, within that 

120 day period, Congress enacts a law 

stating in substance that Congress does 

not approve the schedule. The Act 

further authorizes the Register to 

establish fees for services that are not 

enumerated in the statute, including, for 

example, the cost of preparing copies of 

Copyright Office records, based on the 

cost of providing the service. The 

Register is not required to submit these 

additional fees to Congress. See 17 

U.S.C. 708(a)–(b). 

Congress amended the Copyright Act 

in 1997 to allow the Register to set fees 

for Copyright Office services. Since this 

time, the Office has undertaken a fee 

study approximately every three years; 

the last one was undertaken in 2008 and 

implemented in 2009. See 74 FR 32805 

(July 9, 2009). A new fee study was 

initiated on October 1, 2011 at the 


tkelley on DSK3SPTVN1PROD with PROPOSALS