Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 82543 

(2) A filer’s lack of knowledge about 

the reporting requirements; 

(3) Routine or purposeful data 

expungement by the filer or a third 

party; and 

(4) A filer’s failure to plan for 

adequate data security, maintenance, or 

transfer (e.g., data loss due to a change 

in vendor or employee succession 

where the filer or vendor failed to back 

up the data). 

Charlotte A. Burrows, 

Chair, Equal Employment Opportunity 

Commission. 

[FR Doc. 2024–23327 Filed 10–10–24; 8:45 am] 

BILLING CODE 6570–01–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 380 

[Docket No 23–CRB–0012–WR (2026–2030)] 

Determination of Rates and Terms for 

Digital Performance of Sound 

Recordings and Making of Ephemeral 

Copies To Facilitate Those 

Performances (Web VI) 

AGENCY: Copyright Royalty Board (CRB), 

Library of Congress. 

ACTION: Proposed rule related to 

noncommercial educational webcasters. 

SUMMARY: The Copyright Royalty Judges 

are publishing for comment proposed 

regulations governing the rates and 

terms for the digital performance of 

sound recordings by noncommercial 

educational webcasters and for the 

making of ephemeral recordings 

necessary for the facilitation of such 

transmissions for the period 

commencing January 1, 2026, and 

ending on December 31, 2030. 

DATES: Comments and objections, if any, 

are due November 12, 2024. 

ADDRESSES: You may submit comments 

using eCRB, the Copyright Royalty 

Board’s online electronic filing 

application, at https://app.crb.gov/. 

Instructions: To send your comment 

through eCRB, if you don’t have a user 

account, you will first need to register 

for an account and wait for your 

registration to be approved. Approval of 

user accounts is only available during 

business hours. Once you have an 

approved account, you can only sign in 

and file your comment after setting up 

multi-factor authentication, which can 

be done at any time of day. All 

comments must include the Copyright 

Royalty Board name and the docket 

number for this proposed rule. All 

properly filed comments will appear 

without change in eCRB at https://

app.crb.gov, including any personal 

information provided. 

Docket: For access to the docket to 

read submitted background documents 

or comments, go to eCRB, the Copyright 

Royalty Board’s electronic filing and 

case management system, at https://

app.crb.gov/, and search for docket 

number 23–CRB–0012–WR (2026– 

2030). 

FOR FURTHER INFORMATION CONTACT: 

Anita Brown, CRB Program Specialist, 

at (202) 707–7658 or crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 114 of the Copyright Act, title 

17 of the United States Code, provides 

a statutory license that allows for the 

public performance of sound recordings 

by means of a digital audio transmission 

by, among others, eligible 

nonsubscription transmission services. 

17 U.S.C. 114(f). For purposes of the 

section 114 license, an ‘‘eligible 

nonsubscription transmission’’ is a 

noninteractive digital audio 

transmission that does not require a 

subscription for receiving the 

transmission. The transmission must 

also be made as part of a service that 

provides audio programming consisting 

in whole or in part of performances of 

sound recordings the purpose of which 

is to provide audio or other 

entertainment programming, but not to 

sell, advertise, or promote particular 

goods or services. See 17 U.S.C. 

114(j)(6). 

Services using the section 114 license 

may need to make one or more 

temporary or ‘‘ephemeral’’ copies of a 

sound recording to facilitate the 

transmission of that recording. The 

section 112 statutory license allows for 

the making of these ephemeral 

reproductions. 17 U.S.C. 112(e). 

Chapter 8 of the Copyright Act 

requires the Judges to conduct 

proceedings every five years to 

determine the rates and terms for the 

sections 114 and 112 statutory licenses. 

17 U.S.C. 801(b)(1), 804(b)(3)(A). The 

current proceeding commenced in 

January 2024 for rates and terms that 

will become effective on January 1, 

2026, and end on December 31, 2030. 

Pursuant to section 804(b)(3)(A), the 

Judges published in the Federal 

Register a notice commencing the 

proceeding and requesting that 

interested parties submit their petitions 

to participate. 89 FR 812 (Jan. 5, 2024). 

SoundExchange, Inc. 

(‘‘SoundExchange’’), and College 

Broadcasters, Inc. (‘‘CBI’’) each filed 

Petitions to Participate, as did others. 

On September 13, 2024, the Copyright 

Royalty Judges (Judges) received a joint 

motion from SoundExchange and CBI to 

adopt a partial settlement of their 

interests regarding Web VI rates and 

terms for 2026–2030 and seeking 

approval of that partial settlement. Joint 

Motion to Adopt Partial Settlement, 

Docket No. 23–CRB–0012–WR (2026– 

2030). Their interests concern the rule 

setting copyright royalty minimum fees 

and terms that the Judges will establish 

for compulsory copyright licenses for 

certain internet transmissions of sound 

recordings by college radio stations and 

other noncommercial educational 

webcasters for the period from January 

1, 2026, through December 31, 2030. 

SoundExchange represents the interests 

of sound recording copyright owners 

and performers. CBI represents the 

interests of users of the copyrighted 

material which users include college, 

university, and high school radio and 

television stations and other electronic 

media organizations. The Judges hereby 

publish the proposal and request 

comments from the public. 

Statutory Timing of Adoption of Rates 

and Terms 

Section 801(b)(7)(A) of the Copyright 

Act authorizes the Judges to adopt 

royalty rates and terms negotiated by 

‘‘some or all of the participants in a 

proceeding at any time during the 

proceeding’’ provided they are 

submitted to the Judges for approval. 

The Judges must provide ‘‘an 

opportunity to comment on the 

agreement’’ to participants and nonparticipants in the rate proceeding who 

‘‘would be bound by the terms, rates, or 

other determination set by any 

agreement. . . .’’ 17 U.S.C. 

801(b)(7)(A)(i). Participants in the 

proceeding may also ‘‘object to [the 

agreement’s] adoption as a basis for 

statutory terms and rates.’’ Id. 

The Judges ‘‘may decline to adopt the 

agreement as a basis for statutory terms 

and rates for participants that are not 

parties to the agreement,’’ only ‘‘if any 

participant [in the proceeding] objects to 

the agreement and the [Judges] 

conclude, based on the record before 

them if one exists, that the agreement 

does not provide a reasonable basis for 

setting statutory terms or rates.’’ 17 

U.S.C. 801(b)(7)(A)(ii), or where the 

negotiated agreement includes 

provisions that are contrary to the 

provisions of the applicable license(s) or 

otherwise contrary to statutory law. See 

Scope of the Copyright Royalty Judges 

Authority to Adopt Confidentiality 

Requirements upon Copyright Owners 

within a Voluntarily Negotiated License 

Agreement, 78 FR 47421, 47422 (Aug. 5, 


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82544 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 

2013), citing 74 FR 4537, 4540 (Jan. 26, 

2009). 

Any rates and terms adopted pursuant 

to this provision would be binding on 

all copyright owners of sound 

recordings, college radio stations, and 

other noncommercial educational 

webcasters performing the sound 

recordings for the license period 2026– 

2030. 

Proposed Adjustments to Rates and 

Terms 

According to SoundExchange and 

CBI, the agreement generally continues 

in effect the current provisions of 37 

CFR part 380, subpart C, which were 

themselves adopted pursuant to 17 

U.S.C. 801(b)(7)(A) as part of the Web V 

proceeding, with four primary changes: 

(1) the minimum fee applicable to 

noncommercial educational webcasters 

will increase by $50 per year throughout 

the rate period; (2) the threshold for 

usage covered by the minimum fee is 

increased from 159,140 Aggregate 

Tuning Hours (‘‘ATH’’) to 160,000 ATH; 

(3) the reporting and payment period 

applicable in the event a 

Noncommercial Educational Webcaster 

makes total transmissions in excess of 

160,000 ATH in a given month is 

reduced from 45 days to 30 days; and 

(4) a clarification concerning the 

counting of channels and stations has 

been added. Joint Motion at 6. 

Those who would be bound by the 

terms, rates, or other determination set 

by the agreement may comment on, and 

proceeding participants may object to, 

any or all of the proposed regulations 

contained in this document. Such 

comments and objections must be 

submitted no later than November 12, 

2024. 

List of Subjects in 37 CFR Part 380 

Copyright, Sound recordings, 

Webcasters. 

Proposed Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

propose to amend 37 CFR part 380 as 

follows: 

PART 380—RATES AND TERMS FOR 

TRANSMISSIONS BY ELIGIBLE 

NONSUBSCRIPTION SERVICES AND 

NEW SUBSCRIPTION SERVICES AND 

FOR THE MAKING OF EPHEMERAL 

REPRODUCTIONS TO FACILITATE 

THOSE TRANSMISSIONS 

■ 1. The authority citation for part 380 

continues to read as follows: 

Authority: 17 U.S.C. 112(e), 114(f), 

804(b)(3). 

■ 2. Revise subpart C to read as follows: 

Subpart C—Noncommercial Educational 

Webcasters 

Sec. 

380.20 Definitions. 

380.21 Royalty fees for the public 

performance of sound recordings and for 

ephemeral recordings. 

380.22 Terms for making payment of 

royalty fees and statements of account. 

§ 380.20 Definitions. 

For purposes of this subpart, the 

following definitions apply, as well as 

those set forth in subpart A of this part: 

Educational Transmission means an 

eligible nonsubscription transmission 

(as defined in 17 U.S.C. 114(j)(6)) made 

by a Noncommercial Educational 

Webcaster over the internet. 

Noncommercial Educational 

Webcaster means a noncommercial 

webcaster (as defined in 17 U.S.C. 

114(f)(4)(E)(i)) that: 

(1) Has obtained a compulsory license 

under 17 U.S.C. 112(e) and 114 and the 

implementing regulations therefor to 

make Educational Transmissions and 

related Ephemeral Recordings; 

(2) Complies with all applicable 

provisions of Sections 112(e) and 114 

and applicable regulations in 37 CFR 

part 380; 

(3) Is directly operated by, or is 

affiliated with and officially sanctioned 

by, and the digital audio transmission 

operations of which are staffed 

substantially by students enrolled at, a 

domestically accredited primary or 

secondary school, college, university or 

other post-secondary degree-granting 

educational institution; 

(4) Is not a ‘‘public broadcasting 

entity’’ (as defined in 17 U.S.C. 118(f)) 

qualified to receive funding from the 

Corporation for Public Broadcasting 

pursuant to its criteria; and 

(5) Takes affirmative steps not to 

make total transmissions in excess of 

160,000 Aggregate Tuning Hours (ATH) 

on any individual channel or station in 

any month, if in any previous calendar 

year it has made total transmissions in 

excess of 160,000 ATH on any 

individual channel or station in any 

month. 

§ 380.21 Royalty fees for the public 

performance of sound recordings and for 

ephemeral recordings. 

(a) Minimum fee for eligible 

Noncommercial Educational 

Webcasters. Each Noncommercial 

Educational Webcaster that did not 

exceed 160,000 total ATH for any 

individual channel or station for more 

than one calendar month in the 

immediately preceding calendar year 

and does not expect to make total 

transmissions in excess of 160,000 ATH 

on any individual channel or station in 

any calendar month during the 

applicable calendar year shall pay an 

annual, nonrefundable minimum fee in 

the amount set forth in paragraphs (a)(1) 

through (5) of this section (the 

‘‘Minimum Fee’’) for each of its 

individual channels, including each of 

its individual side channels, and each of 

its individual stations, through which 

(in each case) it makes Educational 

Transmissions, for each calendar year it 

makes Educational Transmissions 

subject to this subpart. For clarity, each 

individual stream (e.g., HD radio side 

channels, different stations owned by a 

single licensee) will be treated 

separately and be subject to a separate 

Minimum Fee. However, all of the 

streams of Digital Audio Transmissions 

of music programming by a 

Noncommercial Educational Webcaster, 

or by a group of affiliated 

Noncommercial Educational 

Webcasters, that are the same or have 

only immaterial variations (e.g., 

differences in station identification, 

acknowledgement of sponsors or 

occasional substitute programming) 

shall be treated as part of one channel 

or station for purposes of this section. 

For this purpose, two Noncommercial 

Educational Webcasters shall be 

considered affiliates if one is 

controlling, controlled by, or under 

common control with the other. This 

principle applies whether the streams 

are offered from only a single outlet or 

through multiple outlets (e.g., websites, 

broadcast radio station simulcasts, 

aggregators, mobile applications or other 

online locations where listeners can 

access music streaming). The Minimum 

Fee shall constitute the annual per 

channel or per station royalty for all 

Educational Transmissions totaling not 

more than 160,000 ATH in a month on 

any individual channel or station, and 

for Ephemeral Recordings to enable 

such Educational Transmissions. In 

addition, a Noncommercial Educational 

Webcaster electing the reporting waiver 

described in § 380.22(d)(1) shall pay a 

$100 annual fee (the ‘‘Proxy Fee’’) to the 

Collective (for purposes of this subpart, 

the term ‘‘Collective’’ refers to 

SoundExchange, Inc.). The Minimum 

Fee for each year of the royalty period 

is: 

(1) 2026: $800; 

(2) 2027: $850; 

(3) 2028: $900; 

(4) 2029: $950; and 

(5) 2030: $1,000. 

(b) Consequences of unexpectedly 

exceeding the ATH cap. In the case of 

a Noncommercial Educational 

Webcaster eligible to pay royalties 

under paragraph (a) of this section that 

unexpectedly makes total transmissions 


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Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 82545 

in excess of 160,000 ATH on any 

individual channel or station in any 

calendar month during the applicable 

calendar year: 

(1) The Noncommercial Educational 

Webcaster shall, for such month and the 

remainder of the calendar year in which 

such month occurs, pay royalties in 

accordance, and otherwise comply, with 

the provisions of subpart B of this part 

applicable to Noncommercial 

Webcasters; 

(2) The Minimum Fee paid by the 

Noncommercial Educational Webcaster 

for such calendar year will be credited 

to the amounts payable under the 

provisions of subpart B of this part 

applicable to Noncommercial 

Webcasters; and 

(3) The Noncommercial Educational 

Webcaster shall, within 30 days after the 

end of each month, notify the Collective 

if it has made total transmissions in 

excess of 160,000 ATH on a channel or 

station during that month; pay the 

Collective any amounts due under the 

provisions of subpart B of this part 

applicable to Noncommercial 

Webcasters; and provide the Collective 

a statement of account pursuant to 

subpart A of this part. 

(c) Royalties for other Noncommercial 

Educational Webcasters. A 

Noncommercial Educational Webcaster 

that is not eligible to pay royalties under 

paragraph (a) of this section shall pay 

royalties in accordance, and otherwise 

comply, with the provisions of subpart 

B of this part applicable to 

Noncommercial Webcasters. 

(d) Estimation of performances. In the 

case of a Noncommercial Educational 

Webcaster that is required to pay 

royalties under paragraph (b) or (c) of 

this section on a per-Performance basis, 

that is unable to calculate actual total 

Performances, and that is not required 

to report actual total performances 

under § 380.22(d)(3), the 

Noncommercial Educational Webcaster 

may pay its applicable royalties on an 

ATH basis, provided that the 

Noncommercial Educational Webcaster 

shall calculate such royalties at the 

applicable per-Performance rates based 

on the assumption that the number of 

sound recordings performed is 12 per 

hour. The Collective may distribute 

royalties paid on the basis of ATH 

hereunder in accordance with its 

generally applicable methodology for 

distributing royalties paid on such basis. 

In addition, and for the avoidance of 

doubt, a Noncommercial Educational 

Webcaster offering more than one 

channel or station shall pay perPerformance royalties on a per-channel 

or -station basis. 

(e) Allocation between ephemeral 

recordings and performance royalty 

fees. The Collective must credit 5% of 

all royalty payments as payment for 

Ephemeral Recordings and credit the 

remaining 95% to section 114 royalties. 

All Ephemeral Recordings that a 

Licensee makes which are necessary 

and commercially reasonable for making 

Educational Transmissions are included 

in the 5%. 

§ 380.22 Terms for making payment of 

royalty fees and statements of account. 

(a) Payment to the Collective. A 

Noncommercial Educational Webcaster 

shall make the royalty payments due 

under § 380.21 to the Collective. 

(b) Minimum fee. Noncommercial 

Educational Webcasters shall submit the 

Minimum Fee, and Proxy Fee if 

applicable (see paragraph (d) of this 

section), accompanied by a statement of 

account, by January 31st of each 

calendar year, except that payment of 

the Minimum Fee, and Proxy Fee if 

applicable, by a Noncommercial 

Educational Webcaster that was not 

making Educational Transmissions or 

Ephemeral Recordings pursuant to the 

licenses in 17 U.S.C. 114 and/or 17 

U.S.C. 112(e) as of January 31st of each 

calendar year but begins doing so 

thereafter shall be due by the 30th day 

after the end of the month in which the 

Noncommercial Educational Webcaster 

commences doing so. At the same time 

the Noncommercial Educational 

Webcaster must identify all its stations 

making Educational Transmissions and 

identify which of the reporting options 

set forth in paragraph (d) of this section 

it elects for the relevant year (provided 

that it must be eligible for the option it 

elects). 

(c) Statements of account. Any 

payment due under paragraph (a) of this 

section shall be accompanied by a 

corresponding statement of account on 

a form provided by the Collective. A 

statement of account shall contain the 

following information: 

(1) The name of the Noncommercial 

Educational Webcaster, exactly as it 

appears on the notice of use, and if the 

statement of account covers a single 

station only, the call letters or name of 

the station; 

(2) The name, address, business title, 

telephone number, facsimile number (if 

any), electronic mail address (if any) 

and other contact information of the 

person to be contacted for information 

or questions concerning the content of 

the statement of account; 

(3) The signature of a duly authorized 

representative of the applicable 

educational institution; 

(4) The printed or typewritten name 

of the person signing the statement of 

account; 

(5) The date of signature; 

(6) The title or official position held 

by the person signing the statement of 

account; 

(7) A certification of the capacity of 

the person signing; and 

(8) A statement to the following effect: 

‘‘I, the undersigned duly authorized 

representative of the applicable 

educational institution, have examined 

this statement of account; hereby state 

that it is true, accurate, and complete to 

my knowledge after reasonable due 

diligence; and further certify that the 

licensee entity named herein qualifies 

as a Noncommercial Educational 

Webcaster for the relevant year, and did 

not exceed 160,000 total ATH in any 

month of the prior year for which the 

Noncommercial Educational Webcaster 

did not submit a statement of account 

and pay any required additional 

royalties.’’ 

(d) Reporting by Noncommercial 

Educational Webcasters in general—(1) 

Reporting waiver. In light of the unique 

business and operational circumstances 

with respect to Noncommercial 

Educational Webcasters, and for the 

purposes of this subpart only, a 

Noncommercial Educational Webcaster 

that did not exceed 80,000 total ATH for 

any individual channel or station for 

more than one calendar month in the 

immediately preceding calendar year 

and that does not expect to exceed 

80,000 total ATH for any individual 

channel or station for any calendar 

month during the applicable calendar 

year may elect to pay to the Collective 

a nonrefundable, annual Proxy Fee of 

$100 in lieu of providing reports of use 

for the calendar year pursuant to the 

regulations at § 370.4 of this chapter. In 

addition, a Noncommercial Educational 

Webcaster that unexpectedly exceeded 

80,000 total ATH on one or more 

channels or stations for more than one 

month during the immediately 

preceding calendar year may elect to 

pay the Proxy Fee and receive the 

reporting waiver described in this 

paragraph (d)(1) during a calendar year, 

if it implements measures reasonably 

calculated to ensure that it will not 

make Educational Transmissions 

exceeding 80,000 total ATH during any 

month of that calendar year. The Proxy 

Fee is intended to defray the 

Collective’s costs associated with the 

reporting waiver in this paragraph 

(d)(1), including development of proxy 

usage data. The Proxy Fee shall be paid 

by the date specified in paragraph (b) of 

this section for paying the Minimum 

Fee for the applicable calendar year and 


ddrumheller on DSK120RN23PROD with PROPOSALS1
82546 Federal Register / Vol. 89, No. 198 / Friday, October 11, 2024 / Proposed Rules 

shall be accompanied by a certification 

on a form provided by the Collective, 

signed by a duly authorized 

representative of the applicable 

educational institution, stating that the 

Noncommercial Educational Webcaster 

is eligible for the Proxy Fee option 

because of its past and expected future 

usage and, if applicable, has 

implemented measures to ensure that it 

will not make excess Educational 

Transmissions in the future. 

(2) Sample-basis reports. A 

Noncommercial Educational Webcaster 

that did not exceed 160,000 total ATH 

for any individual channel or station for 

more than one calendar month in the 

immediately preceding calendar year 

and that does not expect to exceed 

160,000 total ATH for any individual 

channel or station for any calendar 

month during the applicable calendar 

year may elect to provide reports of use 

on a sample basis (two weeks per 

calendar quarter) in accordance with the 

regulations at § 370.4 of this chapter, 

except that, notwithstanding 

§ 370.4(d)(2)(vi) of this chapter, such an 

electing Noncommercial Educational 

Webcaster shall not be required to 

include ATH or actual total 

performances and may in lieu thereof 

provide channel or station name and 

play frequency. Notwithstanding the 

preceding sentence, a Noncommercial 

Educational Webcaster that is able to 

report ATH or actual total performances 

is encouraged to do so. These reports of 

use shall be submitted to the Collective 

no later than January 31st of the year 

immediately following the year to 

which they pertain. 

(3) Census-basis reports. (i) If any of 

the conditions in paragraphs (d)(3)(i)(A) 

through (C) of this section is satisfied, 

a Noncommercial Educational 

Webcaster must report pursuant to 

paragraph (d)(3) of this section: 

(A) The Noncommercial Educational 

Webcaster exceeded 160,000 total ATH 

for any individual channel or station for 

more than one calendar month in the 

immediately preceding calendar year; 

(B) The Noncommercial Educational 

Webcaster expects to exceed 160,000 

total ATH for any individual channel or 

station for any calendar month in the 

applicable calendar year; or 

(C) The Noncommercial Educational 

Webcaster otherwise does not elect to be 

subject to paragraph (d)(1) or (2) of this 

section. 

(ii) A Noncommercial Educational 

Webcaster required to report pursuant to 

paragraph (d)(3)(i) of this section shall 

provide reports of use to the Collective 

quarterly on a census reporting basis in 

accordance with § 370.4 of this chapter, 

except that, notwithstanding 

§ 370.4(d)(2), such a Noncommercial 

Educational Webcaster shall not be 

required to include ATH or actual total 

performances, and may in lieu thereof 

provide channel or station name and 

play frequency, during the first calendar 

year it reports in accordance with this 

paragraph (d)(3). For the avoidance of 

doubt, after a Noncommercial 

Educational Webcaster has been 

required to report in accordance with 

paragraph (d)(3)(i) of this section for a 

full calendar year, it must thereafter 

include ATH or actual total 

Performances in its reports of use. All 

reports of use under paragraph (d)(3)(i) 

of this section shall be submitted to the 

Collective no later than the 30th day 

after the end of each calendar quarter. 

(e) Server logs. Noncommercial 

Educational Webcasters shall retain for 

a period of no less than three full 

calendar years server logs sufficient to 

substantiate all information relevant to 

eligibility, rate calculation and reporting 

under this subpart. To the extent that a 

third-party Web hosting or service 

provider maintains equipment or 

software for a Noncommercial 

Educational Webcaster and/or such 

third party creates, maintains, or can 

reasonably create such server logs, the 

Noncommercial Educational Webcaster 

shall direct that such server logs be 

created and maintained by said third 

party for a period of no less than three 

full calendar years and/or that such 

server logs be provided to, and 

maintained by, the Noncommercial 

Educational Webcaster. 

(f) Terms in general. Subject to the 

provisions of this subpart, terms 

governing late fees, distribution of 

royalties by the Collective, unclaimed 

funds, record retention requirements, 

treatment of Licensees’ confidential 

information, audit of royalty payments 

and distributions, and any definitions 

for applicable terms not defined in this 

subpart shall be those set forth in 

subpart A of this part. 

Dated October 4, 2024. 

David P. Shaw, 

Chief Copyright Royalty Judge. 

[FR Doc. 2024–23426 Filed 10–10–24; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF VETERANS 

AFFAIRS 

38 CFR Part 14 

RIN 2900–AR94 

Improving Accreditation Process and 

Strengthening Legal Education 

Requirements for Accredited Agents 

and Attorneys 

AGENCY: Department of Veterans Affairs. 

ACTION: Proposed rule. 

SUMMARY: The Department of Veterans 

Affairs (VA) is proposing to amend its 

regulations concerning accreditation of 

agents (also referred to as ‘‘claims 

agents’’) and attorneys authorized to 

assist claimants with the preparation 

presentation and prosecution of claims 

for VA benefits to strengthen initial and 

continuing legal education (CLE) 

requirements for accredited agents and 

attorneys and to improve the efficiency 

of VA’s process of accrediting agents 

and attorneys and the administration of 

the accreditation program. 

DATES: Comments must be received on 

or before December 10, 2024. 

ADDRESSES: Comments must be 

submitted through www.regulations.gov. 

Except as provided below, comments 

received before the close of the 

comment period will be available at 

www.regulations.gov for public viewing, 

inspection, or copying, including any 

personally identifiable or confidential 

business information that is included in 

a comment. We post the comments 

received before the close of the 

comment period on 

www.regulations.gov as soon as possible 

after they have been received. VA will 

not post on Regulations.gov public 

comments that make threats to 

individuals or institutions or suggest 

that the commenter will take actions to 

harm an individual. VA encourages 

individuals not to submit duplicative 

comments; however, we will post 

comments from multiple unique 

commenters even if the content is 

identical or nearly identical to other 

comments. Any public comment 

received after the comment period’s 

closing date is considered late and will 

not be considered in the final 

rulemaking. In accordance with the 

Providing Accountability Through 

Transparency Act of 2023, a plain 

language summary (not more than 100 

words in length) of this proposed rule 

is available at www.regulations.gov, 

under RIN 2900–AR94. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Taylor, Office of the General 

Counsel, (022D), Department of 


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