Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 46119 

1Public Law 116–260, sec. 212, 134 Stat. 1182, 

2176 (2020). 2See, e.g., H.R. Rep. No. 116–252, at 18–20 

(2019); S. Rep. No. 116–105, at 7–8 (2019). Note, the 

CASE Act legislative history cited is for H.R. 2426 

and S. 1273, the CASE Act of 2019, a bill nearly 

identical to the CASE Act of 2020. See H.R. 2426, 

116th Cong. (2019); S. 1273, 116th Cong. (2019). In 

developing the CASE Act, Congress drew on model 

legislation in the Office’s 2013 policy report, 

Copyright Small Claims, https://www.copyright.gov/ 

docs/smallclaims/usco-smallcopyrightclaims.pdf 

(‘‘Copyright Small Claims’’). Congress also 

incorporated the Office’s report and supporting 

materials into the statute’s legislative history. H.R. 

Rep. No. 116–252, at 19; S. Rep. No. 116–105, at 

2. 

3H.R. Rep. No. 116–252, at 17; S. Rep. No. 116– 

105, at 2–3, 9. 

4 17 U.S.C. 1504(c)(1)–(3). The CCB cannot issue 

injunctive relief but can require that an infringing 

party cease or mitigate its infringing activity in the 

event such party agrees and the agreement is 

reflected in the proceeding’s record. Id. at 

1504(e)(2)(A)(i), (e)(2)(B). This provision also 

applies to parties making knowing material 

misrepresentations under section 512(f). Id. at 

1504(e)(2)(A)(ii). 

5See id. at 1504(a); H.R. Rep. No. 116–252, at 17, 

21; S. Rep. No. 116–105, at 3, 11. 

6H.R. Rep. No. 116–252, at 21–22, 33; S. Rep. No. 

116–105, at 14. 

7See 86 FR 16156 (Mar. 26, 2021). 

8Public Law 116–260, sec. 212(d), 134 Stat. at 

2199. 

9 17 U.S.C. 411(a) (‘‘[N]o civil action for 

infringement of the copyright in any United States 

work shall be instituted until preregistration or 

registration of the copyright claim has been made 

in accordance with this title’’ or ‘‘the deposit, 

application, and fee required for registration have 

been delivered to the Copyright Office in proper 

form and registration has been refused.’’); Fourth 

Estate Pub. Benefit Corp. v. Wall-Street.com, LLC, 

139 S. Ct. 881, 886 (2019) (holding that ‘‘registration 

occurs, and a copyright claimant may commence an 

infringement suit, when the Copyright Office 

registers a copyright’’). 

10 17 U.S.C. 412. 

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 amends 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: 46 U.S.C. 70034, 70051; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0644 to read as 

follows: 

§ 165.T08–0644 Safety Zone; Lower 

Mississippi River, Waxhaw, MS; MM 593– 

597. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Lower Mississippi River from Mile 

Marker (MM) 593 through MM 597. 

(b) Regulations. (1) Under the general 

safety zone regulations in subpart C of 

this part, you may not enter the safety 

zone described in paragraph (a) of this 

section unless authorized by the Captain 

of the Port Sector Lower Mississippi 

River (COTP) or the COTP’s designated 

representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Lower Mississippi River. 

(2) To seek permission to enter, 

contact the COTP or the COTP’s 

representative via VHF–FM channel 16 

or by telephone at 314–269–2332. Those 

in the safety zone must comply with all 

lawful orders or directions given to 

them by the COTP or the COTP’s 

designated representative. 

(c) Enforcement period. This section 

will be enforced from August 13, 2021, 

through September 15, 2021. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of the enforcement 

times and date for this safety zone 

through Broadcast Notices to Mariners, 

Local Notices to Mariners, and/or Safety 

Marine Information Broadcasts, as 

appropriate. 

Dated: August 13, 2021. 

R.S. Rhodes, 

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

Port Sector Lower Mississippi River. 

[FR Doc. 2021–17632 Filed 8–17–21; 8:45 am] 

BILLING CODE 9110–04–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Parts 201, 203 and 221 

[Docket No. 2021–2] 

Copyright Alternative in Small-Claims 

Enforcement (‘‘CASE’’) Act 

Regulations: Expedited Registration 

and FOIA 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Final rule. 

SUMMARY: The U.S. Copyright Office is 

amending its regulations to establish a 

new expedited registration option under 

the Copyright Alternative in SmallClaims Enforcement Act of 2020 and to 

provide a technical update to the 

Office’s Freedom of Information Act 

regulations. To qualify for this 

expedited registration option, the 

work(s) being registered must be the 

subject of a claim or counterclaim before 

the Copyright Claims Board. 

DATES: Effective September 17, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Kevin R. Amer, Acting General Counsel 

and Associate Register of Copyrights, by 

email at kamer@copyright.gov; John R. 

Riley, Assistant General Counsel, by 

email at jril@copyright.gov, or Brad A. 

Greenberg, Assistant General Counsel, 

by email at brgr@copyright.gov. Each 

can be contacted by telephone at (202) 

707–8350. 

SUPPLEMENTARY INFORMATION: 

I. Background 

A. Statutory Framework 

On December 27, 2020, the President 

signed into law the Copyright 

Alternative in Small-Claims 

Enforcement (‘‘CASE’’) Act of 2020.1

The CASE Act establishes the Copyright 

Claims Board (‘‘CCB’’ or ‘‘Board’’), a 

voluntary, alternative forum to federal 

court for parties to seek resolution of 

copyright disputes that have a low 

economic value (‘‘small copyright 

claims’’).2 The creation of the CCB does 

not displace or limit the ability to bring 

small copyright claims in federal court, 

but rather provides a more accessible 

alternative forum.3 The CCB has 

authority to hear copyright infringement 

claims, claims seeking a declaration of 

noninfringement, and misrepresentation 

claims under section 512(f) of title 17.4

Participation before the CCB is 

voluntary for all parties,5 and all 

determinations are non-precedential.6

The Copyright Office is in the process 

of standing up the CCB and intends to 

promulgate several operational and 

procedural rules.7 Congress directed the 

CCB to begin operations by December 

27, 2021, though the Register may, for 

good cause, extend that deadline by not 

more than 180 days.8

Consistent with the overall goal of 

providing a cost-effective, streamlined 

alternative to federal litigation, the 

CASE Act includes provisions 

addressing the Copyright Act’s 

registration prerequisite to filing an 

infringement action. In general, the 

owner of the copyright in a United 

States work may not initiate an 

infringement suit until the Office has 

issued or refused to issue a copyright 

registration.9 Additionally, the 

Copyright Act provides that in most 

instances, for a copyright owner to 

qualify for an award of attorneys’ fees or 

statutory damages, the infringed work 

must have been registered on or before 

the date the infringement commenced, 

unless registration is made within three 

months after the work’s first 

publication.10 In considering the 

challenges facing those involved in 


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46120 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 

11Copyright Small Claims at 16–17; see also H.R. 

Rep. No. 116–252, at 25–26. 

12H.R. Rep. No. 116–252, at 26. 

13 17 U.S.C. 1505(a)(1). 

14H.R. Rep. No. 116–252, at 25. 

15 17 U.S.C. 1505(b)(1). 

16 Id. at 1505(b)(2). 

17 Id. at 1505(b)(3); see also Copyright Small 

Claims at 108–09. 

18 17 U.S.C. 1505(b)(2). 

19H.R. Rep. No. 116–252, at 26. 

20 17 U.S.C. 1505(d). 

21See 5 U.S.C. 552. 

22 17 U.S.C. 1506(t)(4). 

23 86 FR 21990 (Apr. 26, 2021). Comments 

received in response to the April 2021 NPRM are 

available at https://www.regulations.gov/document/ 

COLC-2021-0002-0001/comment. References to 

comments responding to the April 2021 NPRM are 

by party name (abbreviated where appropriate), 

followed by ‘‘NPRM Comments.’’ 

24The groups joining the Copyright Alliance are 

ACT | The App Association, American 

Photographic Artists, American Society for 

Collective Rights Licensing, Inc., American Society 

of Media Photographers, Inc., The Authors Guild, 

CreativeFuture, Digital Media Licensing 

Association, Graphic Artists Guild, Inc., 

Independent Book Publishers Association, Music 

Artists Coalition, Music Creators North America, 

National Music Council of the United States, 

National Press Photographers Association, North 

American Nature Photography Association, 

Professional Photographers of America, The 

Recording Academy, Screen Actors Guild-American 

Federation of Television and Radio Artists, Society 

of Composers & Lyricists, Songwriters Guild of 

America, Inc., and Songwriters of North America. 

25 86 FR at 21992. 

small copyright claims, the Office noted 

that while copyright registration ‘‘helps 

to produce a valuable public record of 

American creativity as well as material 

information to parties in litigation,’’ at 

times it may also act as ‘‘a procedural 

hurdle for copyright claimants . . . who 

may not be aware of the repercussions 

of not registering in a timely manner.’’ 11

Congress similarly noted that ‘‘many 

small claimants currently do not register 

their works because they do not expect 

to be able to enforce their rights in 

federal court.’’ 12

The CASE Act addresses these 

concerns by allowing a party to file an 

infringement claim with the CCB once 

‘‘a completed application, a deposit, and 

the required fee for registration’’ have 

been delivered to the Office.13 The 

legislative history characterizes this 

approach as taking ‘‘a more liberal 

attitude towards the commencement of 

a proceeding while registration of a 

work is in progress.’’ 14 But before the 

CCB renders a decision in any 

infringement dispute, the CASE Act 

mandates that the work at issue must be 

registered by the Office, and the other 

parties in the proceeding must have an 

opportunity to address the registration 

certificate.15 Recognizing that some 

infringement claims may involve works 

for which a registration application has 

been submitted, but for which the Office 

has not yet rendered a decision, the 

statute directs the CCB to hold such 

proceedings in abeyance.16 If the Office 

refuses the registration, the CCB action 

will be dismissed without prejudice.17

The CCB also may dismiss an action 

without prejudice if it has been held in 

abeyance for at least one year, upon 

providing thirty days written notice to 

the parties.18 As the legislative history 

explains, ‘‘[t]his process is intended to 

strike a balance between still 

encouraging timely registration of works 

with the promise of a higher damages 

caps [in federal court] with the reality 

that smaller creators may have 

numerous understandable reasons for 

not routinely engaging in the 

registration process.’’ 19

To ensure that the work at issue in a 

CCB proceeding is registered in a timely 

manner before the CCB issues a 

determination, the CASE Act directs the 

Office to ‘‘establish regulations allowing 

the Copyright Office to make a decision, 

on an expedited basis, to issue or deny 

copyright registration for an 

unregistered work that is at issue before 

the Board.’’ 20

The CASE Act also limits the 

materials related to a CCB proceeding 

that must be disclosed under the 

Freedom of Information Act (‘‘FOIA’’). 

Subject to certain conditions and 

exceptions, FOIA requires agencies to 

make their records available to the 

public either proactively or in response 

to a request.21 The CASE Act provides 

that ‘‘[a]ll information relating to 

proceedings of the Copyright Claims 

Board under this chapter is exempt from 

disclosure’’ under FOIA, except for 

‘‘determinations, records, and 

information’’ that are published on the 

Office’s website and that relate to a CCB 

final determination.22

B. Proposed Rule and Public Comment 

On April 26, 2021, the Office issued 

a notice of proposed rulemaking (the 

‘‘NPRM’’) requesting public comment 

on proposed processes for small claims 

expedited registration and a conforming 

amendment for disclosures under 

FOIA.23 The NPRM proposed to allow a 

claimant or counterclaimant with a 

pending copyright registration 

application to seek expedited review of 

that application by making such a 

request and paying the requisite fee, but 

only after he or she submitted the 

completed registration application and 

the respondent either opted in to the 

CCB proceeding or did not timely opt 

out. The proposed rule would not 

enable the CCB to proceed with a 

dispute involving a work for which 

registration is still pending or has been 

denied. Additionally, the NPRM 

proposed an amendment to the Office’s 

FOIA regulations to reflect that, as 

required by the CASE Act, only those 

CCB ‘‘determinations, records, and 

information’’ that are published on the 

Office’s website and that relate to a CCB 

final determination are subject to 

disclosure under FOIA. 

The Office received four comments in 

response to the NPRM. The Office had 

asked stakeholders to try to submit joint 

comments where they had agreement, 

and one set of comments, submitted by 

the Copyright Alliance, was joined by 

twenty separate stakeholder groups.24

One of those organizations, the National 

Press Photographers Association, also 

submitted separate comments. 

Comments were also filed by the 

Science Fiction and Fantasy Writers of 

America, Inc. (‘‘SFWA’’) and by 

Verizon. On the whole, the comments 

were broadly supportive of the proposed 

rule and conforming amendment, while 

providing substantive feedback on some 

specific provisions. Verizon’s comments 

were generally critical of the creation of 

CCB as an institution and raised 

concerns about possible abusive actions 

by claimants. 

Having carefully considered each of 

the comments, the Office now issues a 

final rule that closely follows the 

proposed rule, with certain 

modifications. First, the final rule 

adjusts the language pertaining to the 

initiation of an expedited registration 

request to provide that such a request 

may be made only after the proceeding 

has become active. Second, the final 

rule clarifies that the CCB will provide 

notice to all parties to a proceeding 

when a proceeding is dismissed without 

prejudice after being held in abeyance 

for more than one year pending a 

registration decision. Third, the final 

rule provides additional flexibility as to 

the methods of payment that may be 

accepted for small claims expedited 

registration. Fourth, the final rule 

specifies the standard governing denials 

of requests for small claims expedited 

registration. Finally, the final rule uses 

the word ‘‘request’’ rather than ‘‘claim’’ 

to refer to the action a claimant or 

counterclaimant takes to initiate small 

claims expedited registration, to remove 

possible confusion with other uses of 

the term ‘‘claim.’’ 

In the NPRM, the Office noted that it 

anticipated publishing this rule as an 

interim rule.25 Because, however, the 

public has had an opportunity to 

comment on the proposed rule, and in 

light of the limited number of comments 

received, the Office does not believe 


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26 Interim final rules are a common practice 

among federal agencies, often adopted when there 

is a need to promulgate a rule before comments can 

be received, considered, and addressed. See 5 

U.S.C. 553(b)(3)(B) (good-cause exception to noticeand-comment requirements under Administrative 

Procedure Act). 

27 17 U.S.C. 1505(a). 

28 86 FR at 21992–93. 

29Copyright Alliance et al. NPRM Comments at 

7. 

30See 17 U.S.C. 1506(i), 1509(b). The Office also 

removed the word ‘‘both’’ from before ‘‘completed 

an application’’ because only one action— 

completing the registration application—is taken by 

the claimant or counterclaimant. This change does 

not alter the substance of the rule. 

31 Id. at 1505(b)(2). 

32 86 FR at 21993. 

33Copyright Alliance et al. NPRM Comments at 

10. 

34 86 FR at 21992–94. 

35See Copyright Alliance et al. NPRM Comments 

at 8; SFWA NPRM Comments at 2–3. 

36 Verizon NPRM Comments at 2. 

37See 17 U.S.C. 1504(g), 1506(y), (z); 86 FR at 

16164–65. 

38 86 FR at 21994. 

that additional written comments are 

necessary at this time.26 The Office 

therefore is publishing the rule as final. 

As with other CCB regulations, the 

Office will carefully monitor the 

operation of these procedures and 

welcomes CCB participants’ feedback as 

to whether further adjustments should 

be considered in the future. 

II. Final Rule 

A. Small Claims Expedited Registration 

The NPRM outlined several regulatory 

requirements to govern the expedited 

registration process. Commenters were 

generally supportive of the regulation’s 

proposed framework and substance. 

Recommended amendments to the 

proposed rule were limited to the 

matters discussed below. 

1. Requesting Small Claims Expedited 

Registration 

Under the CASE Act, a claim or 

counterclaim may be asserted before the 

CCB where ‘‘the legal or beneficial 

owner of the copyright has first 

delivered a completed application, a 

deposit, and the required fee for 

registration of the copyright to the 

Copyright Office,’’ and ‘‘a registration 

certificate has either been issued or has 

not been refused.’’ 27 The small claims 

expedited registration provision is 

designed to reduce the time required for 

examination of a party’s application 

and, in doing so, streamline claim 

resolution before the CCB. The NPRM 

provided that small claims expedited 

registration may be requested only after 

a claimant or counterclaimant ‘‘has 

submitted a completed registration 

application and the respondent has 

either opted in or has not timely opted 

out’’ of the CCB proceeding. This 

requirement aimed to ‘‘ensure that 

registration applicants do not invoke the 

CCB to receive special handling 

treatment at a discounted rate when not 

genuinely intending to pursue their 

claim through the CCB.’’ 28

The Copyright Alliance et al. objected 

to the inclusion of the phrase ‘‘opting 

in,’’ noting that the statute does not 

contain that language and that it 

therefore could cause confusion.29 To 

address that concern, the final rule 

amends the proposed rule, providing 

that a claimant or counterclaimant may 

request small claims expedited 

registration only after it ‘‘has submitted 

a completed registration application and 

the proceeding has become active.’’ The 

revision reflects that there are several 

ways for a proceeding to become active, 

including when a respondent fails to 

timely opt out or the case is referred 

from a district court with consent of the 

parties.30

2. Abeyance 

The proposed rule reflected the 

statutory requirement that if the 

proceeding cannot move forward 

because a registration certificate for the 

work is still pending, the CCB will hold 

the proceedings in abeyance until a 

decision is made on the application.31 It 

also provided that ‘‘[i]f the proceeding 

has been held in abeyance for more than 

one year, the Copyright Claims Board 

may dismiss the claim or counterclaim 

without prejudice after providing thirty 

days written notice.’’ 32 The Copyright 

Alliance et al. asked the Office to clarify 

‘‘to whom written notice will be 

provided.’’ 33 The final rule clarifies that 

the CCB will provide notice of the 

dismissal to all parties to the 

proceeding. 

3. Fees 

The NPRM provided that a fee would 

be required to seek small claims 

expedited registration.34 In response, 

two commenters raised questions as to 

how the Office would handle small 

claims expedited registration requests 

for works included in a group 

registration application and whether the 

fee in such cases would be higher than 

for works not included in a group 

application.35 To clarify, small claims 

expedited registration relates to 

examination of the registration 

application as a whole, and not to 

examination of the specific work or 

works at issue before the CCB. Because 

the expedited registration fee is paid per 

registration application, small claims 

expedited registration for a group 

application will incur the same fee as is 

applicable to a single-work application. 

Thus, there is no need to revise the 

proposed rule to provide unique fees 

and procedures for group registrations. 

To keep the CCB accessible while 

helping to offset some of the anticipated 

cost increases related to small claims 

expedited registration, the Office has 

determined that a $50 fee is reasonable. 

Verizon argued that a $50 fee would be 

too low and ‘‘would incentivize 

claimants, large or small, to pay only 

$50 and file some claim at the CCB in 

order to gain access to a quick 

registration, a CCB decision, and 

possible statutory damages.’’ 36 The 

Office, however, believes it is important 

to keep fees low wherever possible to 

advance the statutory goal of providing 

a cost-effective alternative to federal 

court. While the Office appreciates the 

concerns over potential abuses, it 

should be noted that the statute 

specifically includes provisions to deter 

abusive behavior and empowers the 

Office to promulgate various regulations 

to safeguard the CCB, parties, and the 

public from such practices.37 The Office 

believes that such concerns are more 

properly addressed through the 

regulatory process than through its feesetting authority. The final rule thus 

does not revise the proposed fee and 

establishes that applicants seeking small 

claims expedited registration will pay a 

$50 fee for each request. This fee is in 

addition to the relevant copyright 

registration application fee. In line with 

its overall approach to fee-setting, the 

Office intends to periodically reassess 

the reasonableness of the small claims 

expedited registration fee once 

additional data about the operation of 

this service becomes available. 

4. Methods of Payment 

Separately, the Copyright Alliance et 

al. proposed expanding the permitted 

methods of payment available for small 

claims expedited registration. The 

proposed rule specified that ‘‘[t]he fee 

for small claims expedited registration 

must be submitted electronically to the 

Copyright Claims Board and not through 

the Copyright Office’s electronic 

registration system,’’ and shall be paid, 

in accordance with Office instructions 

posted online, by ‘‘credit or debit cards, 

or directly from [parties’] bank accounts 

by means of automated clearing house 

(ACH) debit transactions.’’ 38 The 

Copyright Alliance et al. recommended 

providing greater flexibility by allowing 

payment using ‘‘prepaid cards and other 

widely accepted online payment 

options, like PayPal, Zelle, Venmo, and 


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46122 Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 

39Copyright Alliance et al. NPRM Comments at 

8–9. 

40Copyright Alliance et al. NPRM Comments at 

9; SFWA NPRM Comments at 3. 

41Copyright Alliance et al. NPRM Comments at 

9. 

42U.S. Copyright Office, Compendium of U.S. 

Copyright Office Practices sec. 623.2 (3d ed. 2021). 

43 86 FR at 21993. 44 17 U.S.C. 1506(t)(4). 45Copyright Alliance et al. NPRM Comments at 

10. 46 Id. at 10 n.17. 47See id. at 10 (‘‘[I]nformation provided in the 

course of discovery, such as documents, 

interrogatories, testimony, etc. should be presumed 

to be confidential and should not be published/ 

subject to FOIA.’’). 48SFWA NPRM Comments at 3–4. 49 Id. at 4. 

CashApp.’’ 39 The Office appreciates 

that providing additional payment 

options could help to advance the 

statute’s accessibility goals. Presently, 

however, the Office is unable to accept 

the alternative forms suggested, 

including because some are not 

supported by Pay.gov, and due to 

additional administrative costs. 

Nevertheless, in the interest of 

providing future flexibility, the Office is 

revising this portion of the final rule to 

remove the references to specific 

payment methods and instead to simply 

state that a claimant or counterclaimant 

shall follow instructions on the 

Copyright Office website to make 

electronic payments by Pay.gov. Such 

an approach will enable the Office to 

consider possible additional methods of 

payment as Pay.gov expands its 

capabilities. 

5. Denied Requests 

Finally, commenters addressed the 

proposed language allowing the Office 

to deny a request for small claims 

expedited registration if the requester 

did not pay the required fee or if the 

Office determines that the request 

would be unduly burdensome. 

Comments submitted by the Copyright 

Alliance et al. and by SFWA both 

expressed concern that the proposed 

rule did not define the term ‘‘unduly 

burdensome.’’ 40 The Copyright Alliance 

et al. recommended guarding against 

uncertainty by adopting language 

similar to that provided in the 

Compendium of U.S. Copyright Office 

Practices in the context of special 

handling requests.41 The Compendium 

states that the Office may reject a 

request for special handling if the Office 

‘‘is unable to process the request based 

on the Office’s workload or budget at 

the time the request is made.’’ 42 The 

Office agrees that this language would 

provide greater certainty as to the 

considerations governing denial on this 

basis. Accordingly, the rule has been 

revised to provide that if the requisite 

fee has been paid for small claims 

expedited registration, the Office will 

grant the request unless the Office 

‘‘determines that expedited registration 

under this section would be unduly 

burdensome based on the Office’s 

workload or budget at the time the 

request is made.’’ As under the 

proposed rule, the Office is authorized 

to refund the fee in these circumstances. 

B. Freedom of Information Act 

The final rule also adopts a technical 

edit to the Office’s FOIA regulations to 

reflect the CASE Act’s reference to 

FOIA. The regulatory language provides 

that ‘‘Copyright Claims Board 

determinations published on the 

Copyright Office website and related 

records and information published on 

that website’’ may be disclosed under 

FOIA.43 By statute, all other materials 

related to CCB proceedings are exempt 

from disclosure under FOIA.44

Commenters raised two issues related 

to the proposed rule. First, the 

Copyright Alliance et al. argued that the 

rule required a technical edit—the 

addition of a comma before ‘‘and related 

records’’ to ‘‘clarify that only those 

records published on the Office’s 

website are . . . subject to FOIA.’’ 45 In 

their view, ‘‘[w]ithout a comma 

preceding ‘and related records,’ it is 

unclear whether ‘on that website’ is 

intended to modify both ‘related records 

and information’ or just 

‘information.’ ’’ 46 To clarify, the phrase 

‘‘on that website’’ is intended to modify 

both terms, and therefore only those 

CCB records published on the Office’s 

website will be subject to FOIA. The 

Office is not persuaded, however, that 

the addition of the suggested comma 

states that rule any more clearly than 

the text as proposed. Further, it appears 

that the commenters’ concern relates 

primarily to questions regarding which 

records are considered confidential and 

subject to a protective order.47 Those 

issues will be addressed in a separate 

rulemaking. Accordingly, the Office 

does not believe that the requested 

change is necessary. 

Second, SFWA expressed concern 

that confidential sales figures submitted 

to the CCB in connection with proving 

damages could be ‘‘placed on [the 

CCB’s] website or released in response 

to a FOIA request.’’ 48 SFWA argued that 

if such information is subject to FOIA, 

it ‘‘could easily discourage many writers 

and creators of copyrighted works, 

whom the CASE Act is intended to help, 

from bringing claims or raising 

counterclaims.’’ 49 The Office recognizes 

SFWA’s concern about protecting 

sensitive or confidential information, 

but, as noted, the Office intends to 

address these issues in a separate 

rulemaking. Accordingly, the 

conforming amendment for the Office’s 

FOIA regulations is unchanged in the 

final rule. 

List of Subjects 

37 CFR Part 201 

Copyright, General provisions. 

37 CFR Part 203 

Freedom of information. 

37 CFR Part 221 

Claims, Copyright, Registration. 

Final Regulations 

For reasons stated in the preamble, 

the Copyright Office amends 37 CFR 

chapter II as follows: 

PART 201—GENERAL PROVISIONS 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 17 U.S.C. 702. 

■ 2. Amend § 201.3 by redesignating 

paragraphs (d)(8) through (17) as 

paragraphs (d)(9) through (18), 

respectively, and adding new paragraph 

(d)(8) to read as follows: 

§ 201.3 Fees for registration, recordation, 

and related services, special services, and 

services performed by the Licensing 

Division. 

* * * * * 

(d) * * * 

(8) Small claims expedited registration fee for each request .............. $50 

* * * * * 

PART 203—FREEDOM OF 

INFORMATION ACT: POLICIES AND 

PROCEDURES 

■ 3. The authority citation for part 203 

continues to read as follows: 

Authority: 5 U.S.C. 552. 

■ 4. Amend § 203.1 by adding a 

sentence at the end of the section to 

read as follows: 

§ 203.1 General. 

* * * All information relating to 

proceedings of the Copyright Claims 

Board under chapter 15 of the Copyright 

Act is exempt from disclosure under 

FOIA, except for Copyright Claims 

Board determinations published on the 

Copyright Office website and related 

records and information published on 

that website. 

■ 5. Add subchapter B, consisting of 

part 221, to read as follows: 


jbell on DSKJLSW7X2PROD with RULES
Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Rules and Regulations 46123 

Subchapter B—Copyright Claims Board, 

Library of Congress 

PART 221—REGISTRATION 

Sec. 

221.1 Registration requirement. 

221.2 Small claims expedited registration. 

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

§ 221.1 Registration requirement. 

(a) A claim or counterclaim alleging 

infringement of an exclusive right in a 

copyrighted work may not be asserted 

before the Copyright Claims Board 

unless the legal or beneficial owner of 

the copyright has first delivered a 

completed application, a deposit, and 

the required fee for registration of the 

copyright to the Copyright Office and a 

registration certificate has either been 

issued or has not been refused. 

(b) For a work that has not yet been 

registered, a claimant or 

counterclaimant who has a pending 

application to register the work must 

indicate on its claim or counterclaim 

notice that the work is pending 

registration and must include the work’s 

service request (SR) number that was 

assigned to the copyright registration 

claim. If the proceeding cannot continue 

because of a pending registration, the 

Copyright Claims Board shall hold 

proceedings in abeyance until the 

claimant or counterclaimant provides 

the Copyright Claims Board with the 

certificate of registration or the 

registration number on the certificate of 

registration or certificate preview. The 

proceeding shall be dismissed without 

prejudice if the Copyright Claims Board 

is notified that the registration 

application was rejected. If the 

proceeding has been held in abeyance 

for more than one year, the Copyright 

Claims Board may dismiss the claim or 

counterclaim without prejudice after 

providing thirty days written notice to 

all parties to the proceeding. 

§ 221.2 Small claims expedited 

registration. 

(a) Eligibility. A claimant or 

counterclaimant alleging infringement 

of an exclusive right in a copyrighted 

work before the Copyright Claims Board 

is eligible to expedite a copyright 

registration application under this 

section. This process shall be known as 

small claims expedited registration. 

(b) Initiating small claims expedited 

registration. The small claims expedited 

registration process can only be initiated 

after the claimant or counterclaimant 

has completed an application for 

copyright registration and the 

proceeding has become active. To 

initiate the small claims expedited 

registration process, the qualifying 

claimant or counterclaimant must make 

a request and pay the required fee as 

directed by the Copyright Claims Board. 

Parties should request small claims 

expedited registration once the 

proceeding has become active. Parties 

must not attempt to initiate small claims 

expedited registration by using the 

Copyright Office’s electronic registration 

system (eCO). 

(c) Fee—(1) Amount. The small claims 

expedited registration fee for each 

request must be made for the 

appropriate amount, as prescribed in 

§ 201.3(c). The fee for small claims 

expedited registration is intended to 

accelerate the registration process for a 

qualifying Copyright Claims Board 

claimant or counterclaimant that 

already has a pending registration 

application; it is in addition to, and 

does not offset, the fee for copyright 

registration. 

(2) Method of payment. (i) The fee for 

small claims expedited registration must 

be submitted electronically to the 

Copyright Claims Board and not through 

the Copyright Office’s electronic 

registration system (eCO). 

(ii) A claimant or counterclaimant 

shall follow instructions on the 

Copyright Office website to make 

electronic payments by Pay.gov. 

Applicants may not use a deposit 

account to make payments for small 

claims expedited registration. 

(3) No refunds. The small claims 

expedited registration fee is not 

refundable, unless the small claims 

expedited registration request is denied 

under paragraph (d) of this section. 

(d) Denied requests. If the applicant 

failed to pay the required fee or if the 

Copyright Office determines that 

expedited registration under this section 

would be unduly burdensome based on 

the Office’s workload or budget at the 

time the request is made, the Office will 

notify the applicant that the request has 

been denied and that the copyright 

registration claim will be examined on 

a regular basis. 

(e) Granted requests. If the request for 

expedited registration under this section 

is granted, the Office will make every 

attempt to examine the application or 

the document within ten business days 

after notice of the request is delivered 

by the Copyright Claims Board to the 

Copyright Office’s Office of Registration 

Policy and Practice, although the 

Copyright Office cannot guarantee that 

all applications or all documents will be 

registered or recorded within that 

timeframe. 

(f) Identical registration standards. 

The Copyright Office will apply the 

same practices and procedures when 

examining a copyright registration 

claim, regardless of whether the 

applicant asks for small claims 

expedited registration. 

Dated: August 3, 2021. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2021–17696 Filed 8–17–21; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 721 

[EPA–HQ–OPPT–2019–0359; FRL–7486–01– 

OCSPP] 

RIN 2070–AB27 

Significant New Use Rules on Certain 

Chemical Substances (19–2.F) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA is issuing significant new 

use rules (SNURs) under the Toxic 

Substances Control Act (TSCA) for 

chemical substances which were the 

subject of premanufacture notices 

(PMNs). This action requires persons to 

notify EPA at least 90 days before 

commencing manufacture (defined by 

statute to include import) or processing 

of any of these chemical substances for 

an activity that is designated as a 

significant new use by this rule. This 

action further requires that persons not 

commence manufacture or processing 

for the significant new use until they 

have submitted a Significant New Use 

Notice (SNUN), and EPA has conducted 

a review of the notice, made an 

appropriate determination on the notice, 

and has taken any risk management 

actions as are required as a result of that 

determination. 

DATES: This rule is effective on October 

18, 2021. For purposes of judicial 

review, this rule shall be promulgated at 

1 p.m. (e.s.t.) on September 1, 2021. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

William Wysong, New Chemicals 

Division (7405M), Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW, Washington, DC 20460–0001; 

telephone number: (202) 564–4163; 

email address: wysong.william@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 


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