Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 12861 

potential impact of regulations on small 

entities during rulemaking. 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 received no comments 

from the Small Business Administration 

on this rule. The Coast Guard certifies 

under 5 U.S.C. 605(b) that this rule will 

not have a significant economic impact 

on a substantial number of small 

entities. 

While some owners or operators of 

vessels intending to transit the bridge 

may be small entities, for the reasons 

stated in section IV.A above, this rule 

will not have a significant economic 

impact on any vessel owner or operator. 

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 rule. If the rule 

would affect your small business, 

organization, or governmental 

jurisdiction and you have questions 

concerning its provisions or options for 

compliance, please contact the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Small businesses may send comments 

on the actions of Federal employees 

who enforce, or otherwise determine 

compliance with, Federal regulations to 

the Small Business and Agriculture 

Regulatory Enforcement Ombudsman 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule calls for no new collection 

of information under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501– 

3520). 

D. Federalism and Indian Tribal 

Government 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect 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. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this 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. 

E. 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 rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Security 

Management Directive 023–01, Rev.1, 

associated implementing instructions, 

and Environmental Planning Policy 

COMDTINST 5090.1 (series) which 

guide the Coast Guard in complying 

with the National Environmental Policy 

Act of 1969 (NEPA) (42 U.S.C. 4321– 

4370f). The Coast Guard has determined 

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 rule 

promulgates the operating regulations or 

procedures for drawbridges and is 

categorically excluded from further 

review, under paragraph L49, of Chapter 

3, Table 3–1 of the U.S. Coast Guard 

Environmental Planning 

Implementation Procedures. 

Neither a Record of Environmental 

Consideration nor a Memorandum for 

the Record are required for this rule. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 117 

Bridges. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 117 as follows: 

PART 117—DRAWBRIDGE 

OPERATION REGULATIONS 

■ 1. The authority citation for part 117 

continues to read as follows: 

Authority: 33 U.S.C. 499; 33 CFR 1.05–1; 

and Department of Homeland Security 

Delegation No. 0170.1. 

■ 2. Revise § 117.500 to read as follows: 

§ 117.500 Tchefuncta River. 

The draw of the SR 22 Bridge, mile 

2.5, at Madisonville, LA shall operate 

according to the following schedule. On 

Monday through Friday the draw will 

operate as follows: From 6 p.m. to 5:59 

a.m. the draw will open on signal; from 

6 a.m. to 7:59 a.m. the draw need not 

open; from 8 a.m. to 4 p.m. the draw 

will open on signal on the hour; from 

4:01 p.m. to 6 p.m. the draw need not 

open. On Saturday and Sunday the 

draw will operate as follows: From 6 

p.m. to 6 a.m. the draw will open on 

signal; from 6 a.m. to 6 p.m. the draw 

will open on signal on the hour. 

Dated: February 3, 2022. 

R.V. Timme, 

Rear Admiral, U.S. Coast Guard, Commander, 

Eighth Coast Guard District. 

[FR Doc. 2022–04860 Filed 3–7–22; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Parts 201 and 222 

[Docket No. 2021–6] 

Copyright Claims Board: Initiating of 

Proceedings and Related 

Procedures—Designation of Agents 

for Service of Process 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: The U.S. Copyright Office is 

amending its regulations to establish 

procedures governing the process by 

which corporations, partnerships, and 

unincorporated associations may 

designate agents to receive service of the 

initial notice of a proceeding and claim 

asserted against them before the 

Copyright Claims Board. The amended 

regulations provide the requirements for 

designating a service agent, amending 


lotter on DSK11XQN23PROD with RULES1
12862 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

1 86 FR 53897 (Sept. 29, 2021). 

2Public Law 116–260, sec. 212, 134 Stat. 1182, 

2176 (2020). 

3 86 FR 16156, 16161 (Mar. 26, 2021). 

4 15 U.S.C. 1506(g)(5)(B). 

5 Id. at 1506(g)(5)(A). 

6 Id. at 1506(g)(5)(A)(i)–(ii). 

7 Id. at 1506(g)(5)(B). 

8 Id. 

9 86 FR 53897. 

10 Id. at 53900–01; 86 FR at 16160. 

11 86 FR at 53900–01; see also id. at 53907–08 

(proposing § 222.5(b)). 

12 37 CFR 201.3(c)(23) (assigning the fee for 

‘‘[d]esignation of agent under 17 U.S.C. 512(c)(2) to 

receive notification of claimed infringement, or 

amendment or resubmission of designation’’). 

13 86 FR at 53904; see also id. at 53905 (proposing 

§ 201.3(g)(2)). 

the designation, and maintaining the 

directory of designated service agents. 

DATES: Effective April 7, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Megan Efthimiadis, Assistant to the 

General Counsel, by email at meft@

copyright.gov, or by telephone at 202– 

707–8350. 

SUPPLEMENTARY INFORMATION: On 

September 29, 2021, the Office 

published a notice of proposed 

rulemaking (‘‘NPRM’’) to establish 

procedures governing the initial stages 

of a proceeding before the Copyright 

Claims Board (‘‘CCB’’).1 The Office is 

finalizing aspects of that proposed rule 

addressing the CCB’s designated service 

agent directory in this partial final rule. 

The Office anticipates publishing 

another final rule in the future 

addressing the remainder of the 

proposed changes. 

I. Background 

The Copyright Alternative in SmallClaims Enforcement (‘‘CASE’’) Act of 

2020 2 directs the Copyright Office to 

establish the CCB, a voluntary tribunal 

within the Office comprised of three 

Copyright Claims Officers who have the 

authority to render determinations on 

certain copyright claims for economic 

recoveries under the statutory threshold. 

The Office issued a notification of 

inquiry (‘‘NOI’’) to describe the CASE 

Act’s legislative background and 

regulatory scope and to ask for public 

input on various topics,3 including a 

provision of the Act permitting 

corporations, partnerships, and 

unincorporated associations to 

designate agents to receive service of 

notices of proceedings and claims 

asserted against them.4 The CASE Act 

provides that service upon an entity that 

has designated a service agent must be 

made by delivering a copy of the notice 

and claim to that agent.5 The CASE Act 

also provides an alternative means for 

service upon corporations, partnerships, 

and unincorporated associations that 

have not designated a service agent.6

Under the CASE Act, such entities 

may designate an agent ‘‘by complying 

with requirements that the Register of 

Copyrights shall establish by 

regulation’’ and the Register is directed 

to ‘‘maintain a current directory of 

service agents that is available to the 

public for inspection, including through 

the internet.’’ 7 The Register may require 

designating entities to pay a fee to cover 

the costs of maintaining the directory.8

In September 2021, the Office 

published a NPRM to establish 

procedures governing the initial stages 

of a proceeding before the CCB.9 Among 

the provisions proposed in that notice 

were rules governing the process for 

designating a service agent. In both the 

NOI and the NPRM, the Office requested 

input on issues related to service of 

process and other papers in general as 

well as the designation of service agents 

in particular. Commenting parties were 

encouraged to review the Office’s 

designated agent directory for online 

service providers created pursuant to 

the Digital Millennium Copyright Act 

(‘‘DMCA’’), and to discuss to what 

extent the Office should use that 

directory as a model. The Office also 

invited comments about how the system 

should indicate corporate parentsubsidiary relationships, and about 

fees.10

The NPRM proposed a rule that 

would allow a submitter to provide the 

same designated agent information for 

multiple companies, partnerships, or 

unincorporated associations, but would 

require a separate submission for each 

entity. The proposal would have 

required that a submission include 

identifying information for the business, 

including contact information, principal 

place of business, and for corporations, 

the state of incorporation, any 

associated state file or registration 

number, and all other states in which 

the corporation is registered to do 

business. It would have permitted 

organizations to list up to five alternate 

names under which they are doing 

business, i.e., trade names, which would 

be used for indexing the designation. 

Submissions would also have to provide 

contact information for the service agent 

and the designating entity’s consent to 

service by mail, with an option to elect, 

in addition, to accept service by email 

at an email address to be provided in 

the directory. Unlike the DMCA 

designated agent directory, the CCB’s 

designated service agent directory 

(‘‘DSAD’’) would not have to be 

renewed periodically, although existing 

designations could be amended by the 

designating entity.11

Noting that the fee for designating an 

agent in the DMCA designated agent 

directory is $6,12 the Office proposed 

the same fee for submitting or amending 

a designation to the DSAD.13

II. Discussion 

A. Limited Scope of This Rule 

The NPRM addressed numerous 

issues concerning the initial stages of a 

CCB proceeding, and a final rule 

addressing the rest of those issues is 

forthcoming. Meanwhile, to facilitate 

the submission of service agent 

designations in advance of the CCB’s 

acceptance of claims, the Office is 

publishing this final rule on designating 

service agents before publishing that 

forthcoming rule. 

B. Overview 

With a few exceptions discussed 

below, commenters generally supported 

the NPRM’s proposed provisions on 

designating service agents. In response 

to those comments and for other reasons 

explained herein, the Office has revised 

the proposed rule to allow, under 

certain circumstances, inclusion of 

multiple affiliated entities in a single 

service agent designation, to increase 

the number of trade names that may be 

associated with an entity making a 

designation, and to make minor 

modifications regarding the information 

that must be provided in a designation. 

The final rule also includes some 

nonsubstantive technical edits to clarify 

the regulatory text, as well as the 

additional minor substantive edits 

described below. 

The relevant proposed regulatory text 

in the NPRM was set forth as § 222.5(b) 

of the CCB regulations. For purposes of 

this final rule, the revised text has been 

removed from proposed § 222.5 

(‘‘Service’’) and has become a new 

section, § 222.6 (‘‘Designated service 

agents’’). In the forthcoming final rule 

governing other aspects of the initial 

stages of CCB proceedings, proposed 

§ 222.6 (addressing waiver of service) 

will be included as part of § 222.5. 

C. Inclusion of Affiliated Entities in a 

Single Designation 

The proposed rule would have 

permitted a qualifying entity to provide 

the same designated agent information 

for related companies, partnerships, or 

unincorporated associations, but would 

have required a separate submission for 

each of those related entities. The 

proposed rule followed the model of the 


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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 12863 

14 37 CFR 201.38(b)(1)(i). 15See, e.g., Amazon.com, Inc. (‘‘Amazon’’) Initial 

NPRM Comments at 5; see also Computer & Comm’s 

Indus. Ass’n (‘‘CCIA’’) & internet Ass’n Initial 

NPRM Comments at 4; Motion Picture Ass’n, 

Recording Indus. Ass’n of Am. & Software and Info. 

Ass’n of Am. (‘‘MPA, RIAA & SIIA’’) Initial NPRM 

Comments at 5–6; Verizon Initial NPRM Comments 

at 2. 

16MPA, RIAA & SIIA Initial NPRM Comments at 

5–6. 

17See, e.g., 26 U.S.C. 168(h)(4)(B)(ii) (defining 

‘‘related entities,’’ for certain federal income tax 

purposes, as entities having ‘‘directly or indirectly 

substantial common direction or control’’); 47 

U.S.C. 152(b) (withholding FCC jurisdiction over a 

‘‘carrier engaged in interstate or foreign 

communication solely through physical connection 

with the facilities of another carrier not directly or 

indirectly controlling or controlled by, or under 

direct or indirect common control with such 

carrier’’); 15 U.S.C. 78l(b)(1) (requiring applications 

for registration of a security with SEC to include 

information regarding ‘‘the issuer and any person 

directly or indirectly controlling or controlled by, 

or under direct or indirect common control with, 

the issuer’’). 

18Amazon Initial NPRM Comments at 5; Verizon 

Initial NPRM Comments at 2. 

Office’s regulation governing the DMCA 

designated agent directory, which 

provides that ‘‘[r]elated or affiliated 

service providers that are separate legal 

entities (e.g., corporate parents and 

subsidiaries) are considered separate 

service providers, and each must have 

its own separate designation.’’ 14

Multiple commenters urged that the 

final rule permit a corporate parent to 

designate a single designated agent for 

affiliated corporations as part of a single 

submission. One commenter 

summarized the position, similar to 

those taken by others, by noting that 

under the Office’s proposed rule, 

‘‘companies with numerous subsidiaries 

may find it too burdensome to provide 

a separate submission for each 

subsidiary and will simply decline to 

designate a service agent. That would 

inconvenience copyright claimants, who 

will presumably rely on the designated 

service agent directory to determine 

where to serve their claim.’’ 15 Another 

commenter observed that its members 

anticipate needing to register service 

agents for many more entities under 

CCB than under the DMCA, as the range 

of activities relevant to DMCA 

designated agents is much narrower.16

The Office finds that the arguments 

advanced by proponents of permitting 

affiliated business entities to file a 

single service agent designation are 

persuasive. It is in the interest of entities 

that designate service agents to have a 

system that encourages them to 

designate agents for all of their affiliated 

entities. It is also in the interest of all 

parties in CCB proceedings to have 

access to a directory of service agents 

that is comprehensive and facilitates 

their ability to take advantage of the 

more relaxed service requirements 

(including service by mail and, when 

the designating entity has agreed, by 

email) that apply to designated service 

agents. To implement such a revision, 

the Office finds it necessary to modify 

some of the other proposed 

requirements for service agent 

designations and impose some 

limitations. 

Because the term ‘‘related’’ entities 

may be considered ambiguous, and to 

offer greater guidance as to what 

additional entities would be permitted 

to be included in a single service agent 

designation by a corporation, 

partnership, or unincorporated 

association, the final rule uses the term 

‘‘affiliated,’’ which connotes a closer 

relationship than ‘‘related.’’ The 

following elaboration has been added to 

the regulatory text: ‘‘Affiliated 

corporations, partnerships, or 

unincorporated associations that are 

separate legal entities but are under 

direct or indirect common control (e.g., 

parent and subsidiary companies) may 

also be included in the same service 

agent designation.’’ The concept of 

direct or indirect common control 

among affiliated entities is common in 

various areas of the law.17

Because the Office’s electronic DSAD 

system was at an advanced stage of 

development at the time the comments 

were received, there are certain 

constraints on the way in which 

affiliated entities can currently be 

included within a single designation. As 

discussed below, the system was 

already being built to accommodate up 

to five trade names based on a single 

designation. It is now being adapted to 

permit a combination of up 50 trade 

names and to enable affiliated entities to 

be included, indexed, and searchable 

based on a single designation. To be 

included as part of a single designation, 

affiliated entities must have their 

principal place of business in the same 

state and, for corporations, they must 

have the same state of incorporation. In 

addition, the names and contact 

information of the designated service 

agent and of the submitter must each be 

the same. The Office considers 

information regarding the principal 

place of business and state of 

incorporation to be important for 

purposes of providing accurate 

identification of the entity and avoiding 

misidentification (e.g., in cases 

involving entities from different states 

with identical or similar names), and 

the system can only accommodate 

single designations for multiple entities 

where that information is identical. 

With respect to an entity’s principal 

place of business, the rule has been 

modified to clarify that the required 

information pertains to the state in 

which the entity’s principal place of 

business is located. This modification 

has been made for three reasons: (1) To 

clarify ambiguous text in the proposed 

rule; (2) to facilitate the ability to submit 

designations for groups of affiliated 

entities, since requiring that the 

principal place of business for all 

affiliated entities be at the same address 

would likely disqualify many affiliated 

entities from being included in a single 

designation; and (3) to conform to the 

design of the electronic DSAD system. 

For corporations, the proposed rule 

also would have required that the 

designation provide any state file or 

registration numbers from the state of 

incorporation, as well as identification 

of all additional states in which the 

corporation is registered to do business. 

Because a parent corporation and its 

subsidiaries or other affiliated 

corporations are not necessarily 

registered to do business in the same 

group of states, retaining this 

requirement would be likely to restrict 

significantly the ability of affiliated 

corporations to be included in a single 

designation. Commenters observed that 

it is not clear what benefit would be 

gained by requiring corporations to 

include, for themselves and their 

subsidiaries, state file or registration 

numbers and information on all states in 

which they are registered to do 

business; that requiring such 

information would be burdensome; and 

that such information is already readily 

available elsewhere, in a form that is 

accurate and up to date.18 The Office is 

persuaded that the time and costs 

involved in requiring such information 

outweigh the benefits, and those 

requirements have been removed in the 

final rule. 

Finally, the rule requires that the 

following information be the same for 

all entities included in a single 

designation: Information pertaining to 

the designated agent; information 

pertaining to the person submitting the 

designation; and information on 

whether service may be made by email 

and mail or just mail. 

D. The Number of Trade Names 

Permitted in a Single Designation 

The proposed rule would have 

permitted qualifying entities to list no 

more than five trade names (alternate 

business names or ‘‘doing business as’’ 

(d/b/a) names) under which they are 

doing business. Inspired by a similar 

provision in the DMCA designated agent 

regulation, this would permit persons 


lotter on DSK11XQN23PROD with RULES1
12864 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

19 37 CFR 201.38(b)(2). 

20MPA, RIAA & SIIA Initial NPRM Comments at 

6–7; see also Verizon Initial NPRM Comments at 4. 

21The Office has adopted a 50-trade-name 

maximum after consulting with the developers of 

the electronic DSAD, who are confident that the 

system will be able to accommodate up to 50 names 

per entity, but not necessarily a greater number in 

the available time before its launch. 

22 Verizon Initial NPRM Comment at 2. 

23Although a change in the identity of the 

designated service agent is the most crucial 

information in the directory, delays in updating 

other information can also have consequences. 

Information such as legal name of a corporation, 

partnership, or unincorporated association, or about 

the principal place of business or state of 

incorporation, can be of great assistance to a 

claimant in identifying the correct respondent to be 

served. 

24Copyright Alliance, Am. Photographic Artists, 

Am. Soc’y for Collective Rights Licensing, Am. 

Soc’y of Media Photographers, The Authors Guild, 

CreativeFuture, Digital Media Licensing Ass’n, 

Graphic Artists Guild, Indep. Book Pubs. Ass’n, 

Music Artists Coalition, Music Creators N. Am., 

Nat’l Music Council of the U.S.A., Nat’l Press 

Photographers Ass’n, N. Am. Nature Photography 

Ass’n, Prof’l Photographers of Am., Recording 

Acad., Screen Actors Guild-Am. Fed. of Television 

& Radio Artists, Soc’y of Composers & Lyricists, 

Songwriters Guild of Am. & Songwriters of N. Am. 

(‘‘Copyright Alliance et al.’’) Initial NPRM 

Comments at 15–16. 

25 17 U.S.C. 1506(g)(5). 

26See, e.g., MPA, RIAA & SIIA Initial NPRM 

Comments at 7–8; Verizon Initial NPRM Comments 

at 4; Copyright Alliance et al. Reply NPRM 

Comments at 14–15. 

using the DSAD to more easily identify 

the designated agent for companies that 

might do business—and be recognized 

by the public—under names other than 

their corporate names. The DMCA 

directory imposes no limit on the 

number of ‘‘alternate names’’ (the term 

used in the regulation governing that 

directory) 19 that an online service 

provider may include for indexing and 

search purposes. However, based on the 

Office’s understanding of the technical 

limitations of the electronic DSAD that 

it was developing at the time the NPRM 

was drafted, it proposed a five-tradename maximum. 

Some commenters objected to the 

five-trade-name maximum, noting that if 

a single entity does business under 

different names, all such names should 

be included on the same designation 

and observing that many entities, such 

as record companies, operate multiple 

imprints or labels that are trade names 

that are part of the same legal entity.20

Those comments, as well as the 

comments discussed above urging that 

the Office accept designations submitted 

on behalf of multiple designated 

entities, have persuaded the Office to 

raise the permitted number of trade 

names to 50,21 and to permit those 50 

to be either trade names or the names of 

affiliated entities. 

E. Additional Revisions 

Other minor substantive revisions 

include a duty to maintain current 

information in the directory by 

submitting amendments when the 

information changes and a minor 

revision to the provision stating what 

information in a designation shall not be 

made publicly available on the DSAD 

website. 

Regarding the obligation to keep 

directory information current, one 

commenter noted that large corporations 

will have a long and frequently 

changing list of related or affiliated 

corporations as well as partnerships and 

other associations, and encouraged the 

Office to provide sufficient leniency to 

correct any changes to corporate 

information and acknowledge that 

yearly updates should be deemed to be 

reasonable compliance.22 While the 

Office understands that changes may 

not be made instantaneously, there can 

be serious consequences, such as the 

service of claims on a person whom the 

designating entity no longer considers to 

be the correct service agent, when the 

directory contains out-of-date 

information. Therefore, any rule that 

would permit a business to defer an 

update of information in the directory as 

long as a year after the information has 

changed would be unacceptable. The 

final rule provides that when 

information that is in the directory is no 

longer valid, it should be updated 

promptly. While the Office does not 

believe that it is necessary to require 

updates on a regular basis, a 

requirement to update the information 

whenever it changes should ensure that 

it is kept up to date. Because there may 

be instances where a brief but 

understandable delay in updating the 

information results in service upon 

someone whom the designating entity 

no longer considers to be its service 

agent, the final rule provides that the 

CCB has the discretion to decide in 

particular cases whether service of an 

initial notice and claim was effective. 

However, an entity that has designated 

a service agent should be aware that if 

service is made upon the person who, 

at the time of service, appears in the 

directory as the respondent’s designated 

service agent, that service is likely to be 

deemed effective. This should provide 

sufficient incentive to update the 

information promptly.23

With respect to the public availability 

of DSAD information, the proposed rule 

would have provided that the business 

address, email, and telephone number 

of the corporation, partnership, or 

unincorporated association provided in 

the designation would not be publicly 

available on the DSAD website, but 

would be available to CCB staff. As 

revised, the entity’s business address is 

removed from that provision. Although 

the Office has no present intention to 

include that information in the directory 

on the website, it recognizes that the 

business address of a business entity is 

not generally considered to be 

confidential information and that there 

may be occasions where knowledge of 

the business address may be helpful in 

determining which of two or more 

similarly or identically named entities is 

the one that a claimant needs to serve. 

F. Fee 

In the NPRM, the Office proposed a 

fee of $6 for designation of a service 

agent, payable upon the submission or 

amendment of a designation. The Office 

noted that this is the fee charged for 

submissions to the Office’s similar 

DMCA designated agent directory. One 

comment suggested that the fee should 

be increased, noting that designations of 

agents for the DMCA directory must be 

updated every three years, but 

designations for the CCB service agent 

directory need not be renewed.24 While 

recognizing that distinction, the Office 

does not believe that a higher fee is 

justified at this time. The DSAD offers 

benefits not only to the entities that take 

advantage of the opportunity to 

designate service agents, but also to 

claimants in CCB proceedings who can 

use it to identify the agents to serve on 

behalf of the designating entities. 

Because an entity designating a service 

agent must accept service by mail and 

may also accept service by email, the 

directory provides claimants with a 

simple and inexpensive means to serve 

initial notices of proceedings and claims 

upon respondents who have designated 

service agents. 

Moreover, as previously discussed, a 

provision added to the final rule 

obligates designating entities to 

maintain current information in the 

directory by amending an existing 

designation (and paying an additional 

$6 fee) whenever an update is needed. 

As a practical matter, most entities with 

designated agents are likely to have to 

submit amendments from time to time. 

G. Mandatory Service on Designated 

Service Agent 

The CASE Act requires that when a 

qualifying entity has designated a 

service agent, a claimant must serve the 

initial notice and claim upon that 

agent.25 Many commenters requested 

that the regulations clarify that this is 

the case.26 The Office agrees with that 

interpretation of the statute. 


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Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 12865 

Accordingly, in the interests of avoiding 

confusion, the Office shall address that 

issue in its forthcoming final rule 

addressing the remaining portions of the 

rulemaking on initiating proceedings, 

including § 222.5 on service. 

List of Subjects 

37 CFR Part 201 

Copyright, General provisions. 

37 CFR Part 220 

Claims, Copyright, General. 

Final Regulations 

For the reasons stated in the 

preamble, the U.S. Copyright Office 

amends Chapter II, Subchapters A and 

B, of title 37 Code of Federal 

Regulations as follows: 

SUBCHAPTER A—COPYRIGHT 

OFFICE AND PROCEDURES 

PART 201—GENERAL PROVISIONS 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 17 U.S.C. 702. 

■ 2. In § 201.3, revise the section 

heading and add paragraph (g) to read 

as follows: 

§ 201.3 Fees for registration, recordation, 

and related services, special services, and 

services performed by the Licensing 

Section and the Copyright Claims Board. 

* * * * * 

(g) Copyright Claims Board fees. The 

Copyright Office has established the 

following fees for specific services 

related to the Copyright Claims Board: 

TABLE 4 TO PARAGRAPH (g) 

Copyright Claims Board fees Fees 

($) 

(1) [Reserved] ...................................................................................................................................................................................... ........................

(2) Designation of a service agent by a corporation, partnership, or unincorporated association under 17 U.S.C. 1506(g)(5)(B), 

or amendment of designation .......................................................................................................................................................... 6 

SUBCHAPTER B—COPYRIGHT 

CLAIMS BOARD AND PROCEDURES 

■ 3. Add part 222 to read as follows: 

PART 222—PROCEEDINGS 

Sec. 

222.1–222.5 [Reserved] 

222.6 Designated service agents. 

Authority: 17 U.S.C. 702, 1510. 

§ 222.1–222.5 [Reserved] 

§ 222.6 Designated service agents. 

(a) In general. A corporation, 

partnership, or unincorporated 

association that is entitled under 17 

U.S.C. 1506(g)(5)(B) to designate a 

service agent to receive notice of a claim 

may designate such an agent by 

submitting the designation 

electronically through the Board’s 

designated service agent directory, 

which shall be available on the Board’s 

website. 

(b) Designation fee. A service agent 

designation shall be accompanied by the 

fee set forth in 37 CFR 201.3. 

(c) Trade names and affiliated 

entities—(1) Trade names. Each 

corporation, partnership, or 

unincorporated association that submits 

a service agent designation may include 

up to 50 trade names that function as 

alternate business names (i.e., ‘‘doing 

business as’’ or ‘‘d/b/a’’ names) under 

which such registered corporation, 

partnership, or unincorporated 

association is doing business. 

(2) Affiliated entities. Affiliated 

corporations, partnerships, or 

unincorporated associations that are 

separate legal entities but are under 

direct or indirect common control (e.g., 

parent and subsidiary companies) of the 

filing corporation, partnership, or 

unincorporated association may also be 

included in the same service agent 

designation, but only if all of the 

information required in paragraph 

(d)(1)(ii), (iii), and (v) through (vii) of 

this section is the same for the filing 

corporation, partnership, or 

unincorporated association and the 

affiliated corporation, partnership, or 

unincorporated association. Otherwise, 

those separate legal entities must file 

separate service agent designations, 

although a submitter may designate the 

same service agent for multiple 

corporations, partnerships, or 

unincorporated associations. 

(d) Content of submission—(1) In 

general. The designated service agent 

submission shall include: 

(i) The legal name, business address, 

email address, and telephone number of 

the corporation, partnership, or 

unincorporated association; 

(ii) The state in which the principal 

place of business of the corporation, 

partnership, or unincorporated 

association is located; 

(iii) For corporations, the state or 

territory (including the District of 

Columbia) of incorporation; 

(iv) Up to 50 additional names, 

consisting of either the names of 

affiliated entities or trade names, or 

both, as described in paragraph (c) of 

this section; 

(v) The name, business address (or, if 

the agent does not have a business 

address, the address of the residence of 

such agent), email address, and 

telephone number of the designated 

service agent; 

(vi) The submitter’s name, email 

address, and telephone number; and 

(vii) The corporation, partnership, or 

unincorporated association’s service 

method election, as described in 

paragraph (e) of this section. 

(2) Certification. To complete the 

designation, the person submitting the 

designation shall certify, under penalty 

of perjury, that the submitter is 

authorized by law to make the 

designation on behalf of the corporation, 

partnership, or unincorporated 

association, including any other 

affiliated entities for which the filing is 

made. 

(e) Service on designated agents. A 

corporation, partnership, or 

unincorporated association that 

designates a service agent shall, as a 

condition of designating a service agent, 

consent to receive service upon the 

agent by means of certified or priority 

mail at the identified mailing address. It 

may also indicate in its designation that 

it consents to receive service by email 

at the identified email address. 

(1) Service by mail. The corporation, 

partnership, or unincorporated 

association shall identify the service 

agent’s place of business or, if there is 

no place of business, the address of the 

service agent’s residence for purposes of 

service by mail. The service agent’s 

place of business or address of the 

service agent’s residence must be 

located within the United States. 

(2) Service by email. (i) If a 

corporation, partnership, or 

unincorporated association indicates 

that it consents to receive service by 

email, the designated service agent’s 

email address shall be displayed on the 

designated service agent directory. 


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12866 Federal Register / Vol. 87, No. 45 / Tuesday, March 8, 2022 / Rules and Regulations 

1 86 FR 27346. 

(ii) In cases where the designation 

states that service may be made by 

email, the person submitting the 

designation shall affirm under penalty 

of perjury that the corporation, 

partnership, or unincorporated 

association for which the agent has been 

designated waives the right to personal 

service by means other than email and 

that the person making the designation 

has been authorized to waive that right 

on behalf of the corporation, 

partnership, or unincorporated 

association and any other affiliated 

entity for which the filing is made for 

Board proceedings. 

(f) Amendments. A corporation, 

partnership, or unincorporated 

association shall have a duty to 

maintain current information in the 

directory. A corporation, partnership, or 

unincorporated association may amend 

a designation of a service agent by 

following directions on the Board’s 

website. Such amendment shall be 

accompanied by the fee set forth in 37 

CFR 201.3. The requirements found in 

paragraph (d) of this section shall apply 

to the service agent designation 

amendment. If current information is 

not timely maintained and, as a result, 

the identification or address of the 

service agent in the directory is no 

longer accurate, the Board may, in its 

discretion and subject to any reasonable 

conditions that the Board may decide to 

impose, determine whether service 

upon that agent or at that address was 

effective. 

(g) Public directory—(1) In general. 

After a corporation, partnership, or 

unincorporated association submits a 

service agent designation, such 

designation shall be made available on 

the public designated service agent 

directory after payment has been 

remitted and the Board has reviewed the 

submission to determine whether the 

submission qualifies for the designated 

agent provision. 

(2) Removal from directory. If the 

Board determines that a submitted 

service agent designation does not 

qualify under this section or if it has 

reason to believe that the submitter was 

not authorized by law to make the 

designation on behalf of the corporation, 

partnership, or unincorporated 

association, it shall notify the submitter 

that it intends not to add the record to 

the directory, or that it intends to 

remove the record from the directory, 

and shall provide the submitter 10 

calendar days to respond. If the 

submitter fails to respond, or if, after 

reviewing the response, the Board 

determines that the submission does not 

qualify for the designated service agent 

directory, the entity shall not be added 

to, or shall be removed from, the 

directory. 

(3) Content of public listing. The 

designation shall be indexed under the 

names of each corporation, partnership, 

or unincorporated association for which 

an agent has been designated and shall 

be made available on the Board’s 

website. The email address and 

telephone number of the corporation, 

partnership, or unincorporated 

association provided under paragraph 

(d)(1)(i) of this section shall not be made 

publicly available on the designated 

service agent directory website, but such 

information shall be made available to 

Board staff. 

(4) Designation date. A designation 

filed in accordance with this section 

before April 7, 2022 will become 

effective on that date. 

Dated: February 28, 2022. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2022–04745 Filed 3–7–22; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0296; FRL–9386–01– 

R9] 

Air Plan Approval; California; Los 

Angeles—South Coast Air Basin 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking final action to 

approve a revision to the South Coast 

Air Quality Management District 

(SCAQMD or ‘‘District’’) portion of the 

California State Implementation Plan 

(SIP). We are also determining that the 

submitted SIP revision fulfills the 

District’s and the State’s commitment to 

adopt and submit a specific enforceable 

contingency measure to address Clean 

Air Act (CAA or ‘‘Act’’) requirements for 

the 2006 24-hour and 2012 annual 

national ambient air quality standards 

(NAAQS) for fine particulate matter 

(PM2.5) in the South Coast air basin. 

DATES: This rule is effective on April 7, 

2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2021–0296. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Ginger Vagenas, EPA Region IX, 75 

Hawthorne Street, San Francisco, CA 

94105. By phone at (415) 972–3964 or 

by email at vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, ‘‘we,’’ ‘‘us,’’ 

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Proposed Action 

II. Public Comments and EPA Responses 

III. Final Action 

IV. Incorporation by Reference 

V. Statutory and Executive Order Reviews 

I. Proposed Action 

On May 20, 2021, the EPA proposed 

to approve all but paragraphs (g) and (k) 

of the following rule into the California 

SIP.1

TABLE 1—RULE ADDRESSED BY EPA PROPOSAL

Local agency Rule No. Rule Amended Submitted 

SCAQMD .......... 445 Wood-Burning Devices (except paragraphs (g) and (k)) ............ October 27, 2020 ... October 29, 2020. 


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