Federal Register / Vol. 87, No. 125 / Thursday, June 30, 2022 / Rules and Regulations 39001 

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

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

postponing effective date), ECF No. 18. 

2See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Aug. 5, 2021) (order 

postponing effective date), ECF No. 23. 

3See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Nov. 3, 2021) (order 

postponing effective date), ECF No. 8. 

4See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Dec. 27, 2021) (order 

postponing effective date and holding the case in 

abeyance). 

5See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Apr. 15, 2022) (order 

postponing effective date), ECF No 34. 

6See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. Apr. 29, 2022) (order 

postponing effective date), ECF No 37. 

7See Order, Facing Foster Care et al. v. HHS, No. 

21–cv–00308 (D.D.C. May 26, 2022) (order 

postponing effective date), ECF No 39. 

PART 370—NOTICE AND 

RECORDKEEPING REQUIREMENTS 

FOR STATUTORY LICENSES 

■ 1. The authority citation for part 370 

continues to read as follows: 

Authority: 17 U.S.C. 112(e)(4), 114(f)(4)(A), 

803(b)(6)(A). 

■ 2. Section 370.3 is amended by 

revising paragraph (i) to read as follows: 

§ 370.3 Reports of use of sound 

recordings under statutory license for 

preexisting subscription services. 

* * * * * 

(i) In any case in which a preexisting 

subscription service has not provided a 

report of use required under this section 

for use of sound recordings under 

section 112(e) or section 114 of title 17 

of the United States Code, or both, prior 

to January 1, 2019, reports of use for the 

corresponding calendar year filed by 

other preexisting subscription services 

may serve as the reports of use for the 

non-reporting service, solely for 

purposes of distribution of any 

corresponding royalties by the 

Collective. 

■ 3. Section 370.4 is amended by 

revising paragraph (f) to read as follows: 

§ 370.4 Reports of use of sound 

recordings under statutory license for 

nonsubscription transmission services, 

preexisting satellite digital audio radio 

services, new subscription services and 

business establishment services. 

* * * * * 

(f) In any case in which a 

nonsubscription transmission service, 

preexisting satellite digital audio radio 

service, new subscription service, or 

business establishment service has not 

provided a report of use required under 

this section for use of sound recordings 

under section 112(e) or section 114 of 

title 17 of the United States Code, or 

both, prior to January 1, 2019, reports of 

use for the corresponding calendar year 

filed by other services of the same type 

may serve as the reports of use for the 

non-reporting service, solely for 

purposes of distribution of any 

corresponding royalties by the 

Collective. 

Dated: June 13, 2022. 

Suzanne M. Barnett, 

Chief U.S. Copyright Royalty Judge. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2022–13944 Filed 6–29–22; 8:45 am] 

BILLING CODE 1410–72–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

45 CFR Part 75 

RIN 0991–AC16 

Grants Regulation; Removal of NonDiscrimination Provisions and 

Repromulgation of Administrative 

Provisions Under the Uniform Grant 

Regulation 

AGENCY: Assistant Secretary for 

Financial Resources (ASFR), Health and 

Human Services (HHS or the 

Department). 

ACTION: Final rule; delay of effective 

date. 

SUMMARY: The U.S. District Court for the 

District of Columbia in Facing Foster 

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

Feb. 2, 2021), has delayed the effective 

date of portions of the final rule making 

amendments to the Uniform 

Administrative Requirements 

promulgated on January 12, 2021. 

DATES: Pursuant to court order, the 

effective date of the final rule published 

January 12, 2021, at 86 FR 2257, is 

delayed until July 1, 2022. See 

SUPPLEMENTARY INFORMATION for details. 

FOR FURTHER INFORMATION CONTACT: 

Johanna Nestor at Johanna.Nestor@

hhs.gov or 202–205–5904. 

SUPPLEMENTARY INFORMATION: On 

January 12, 2021 (86 FR 2257), the 

Department issued amendments to and 

repromulgated portions of the Uniform 

Administrative Requirements, 45 CFR 

part 75. 86 FR 2257. That rule 

repromulgated provisions of part 75 that 

were originally published late in 2016. 

It also made amendments to 45 CFR 

75.300(c) & (d). 

Specifically, the rule amended 

subsection (c), which had stated, ‘‘It is 

a public policy requirement of HHS that 

no person otherwise eligible will be 

excluded from participation in, denied 

the benefits of, or subjected to 

discrimination in the administration of 

HHS programs and services based on 

non-merit factors such as age, disability, 

sex, race, color, national origin, religion, 

gender identity, or sexual orientation. 

Recipients must comply with this 

public policy requirement in the 

administration of programs supported 

by HHS awards.’’ The rule amended 

subsection (c) to state, ‘‘It is a public 

policy requirement of HHS that no 

person otherwise eligible will be 

excluded from participation in, denied 

the benefits of, or subjected to 

discrimination in the administration of 

HHS programs and services, to the 

extent doing so is prohibited by federal 

statute.’’ 

Additionally, the rule amended 

paragraph (d), which had stated, ‘‘In 

accordance with the Supreme Court 

decisions in United States v. Windsor 

and in Obergefell v. Hodges, all 

recipients must treat as valid the 

marriages of same-sex couples. This 

does not apply to registered domestic 

partnerships, civil unions or similar 

formal relationships recognized under 

state law as something other than a 

marriage.’’ The rule amended paragraph 

(d) to state, ‘‘HHS will follow all 

applicable Supreme Court decisions in 

administering its award programs.’’ 

On February 2, the portions of rulemaking amendments to § 75.300 (and a 

conforming amendment at § 75.101(f)) 

were challenged in the U.S. District 

Court for the District of Columbia. 

Facing Foster Care et al. v. HHS, 21–cv– 

00308 (D.D.C. filed Feb. 2, 2021). On 

February 9, the court postponed, 

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

date of the challenged portions of the 

rule by 180 days, until August 11, 

2021.1 On August 5, the court again 

postponed the effective date of the rule 

until November 9, 2021.2 On November 

3, the court further postponed the 

effective date of the rule until January 

17, 2022.3 On December 27, the court 

further postponed the effective date of 

the rule until April 18, 2022.4 On April 

15, the court further postponed the 

effective date of the rule until May 2, 

2022.5 On April 29, the court further 

postponed the effective date of the rule 

until June 1, 2022.6 On May 26, the 

court further postponed the effective 

date of the rule until July 1, 2022.7 The 

Department is issuing this notice to 

apprise the public of the court’s order. 

Xavier Becerra, 

Secretary. 

[FR Doc. 2022–13888 Filed 6–29–22; 8:45 am] 

BILLING CODE 4151–19–P 


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