Copyright Claims Board: District Court Referrals; Proof of Service Forms; Default Proceedings; Law Student Representation
| Published date | 31 July 2023 |
| Record Number | 2023-15941 |
| Court | Copyright Office,Library Of Congress |
| Section | Rules and Regulations |
49294
Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Rules and Regulations
1
Public Law 116–260, sec. 212, 134 Stat. 1182,
2176 (2020).
2
86 FR 16156 (Mar. 26, 2021).
3
See, e.g., 86 FR 74394 (Dec. 30, 2021); 86 FR
53897 (Sept. 29, 2021); 86 FR 69890 (Dec. 8, 2021).
4
87 FR 20707 (Apr. 8, 2022) (law student
representation final rule); 87 FR 12861 (Mar. 8,
2022) (initial proceedings partial final rule); 87 FR
16989 (Mar. 25, 2022) (initial proceedings final
rule); 87 FR 24056 (Apr. 22, 2022) (initial
proceedings correction); 87 FR 30060 (May 17,
2022) (active proceedings final rule); 87 FR 36060
(June 15, 2022) (active proceedings correction).
5
87 FR 77518 (Dec. 19, 2022).
6
Copyright Alliance Interim Rule Comments at 1.
7
Copyright Alliance Interim Rule Comments at
1–2.
8
Copyright Alliance Interim Rule Comments at 2.
with all directions given to them by the
COTP or an on-scene representative.
Dated: July 25, 2023.
Joseph B. Parker,
Captain, U.S. Coast Guard, Captain of the
Port Lake Michigan.
[FR Doc. 2023–16165 Filed 7–28–23; 8:45 am]
BILLING CODE 9110–04–P
LIBRARY OF CONGRESS
Copyright Office
37 CFR Parts 222, 224, 225, 233, 234
and 235
[Docket No. 2022–6]
Copyright Claims Board: District Court
Referrals; Proof of Service Forms;
Default Proceedings; Law Student
Representation
AGENCY
: U.S. Copyright Office, Library
of Congress.
ACTION
: Final rule.
SUMMARY
: Pursuant to the Copyright
Alternative in Small-Claims
Enforcement Act, the U.S. Copyright
Office is adopting as final a December
19, 2022 interim rule allowing the
Copyright Claims Board to modify or
suspend certain rules when a claim is
referred by a district court and, in cases
that are first filed before the Copyright
Claims Board, accept alternative proof
of service forms. The interim rule also
clarified the rules governing default
proceedings and law student
representation, and made certain
technical corrections.
DATES
: Effective August 30, 2023.
FOR FURTHER INFORMATION CONTACT
:
Rhea Efthimiadis, Assistant to the
General Counsel, by email at meft@
copyright.gov or telephone at (202) 707–
8350.
SUPPLEMENTARY INFORMATION
: The
Copyright Alternative in Small-Claims
Enforcement Act of 2020 (the ‘‘CASE
Act’’)
1
directed the Copyright Office to
establish the Copyright Claims Board
(the ‘‘CCB’’), an alternative and
voluntary forum for parties seeking to
resolve certain copyright-related
disputes that have a total monetary
value of $30,000 or less.
After publishing a notification of
inquiry (‘‘NOI’’) seeking public input on
the CCB’s operations and procedures in
early 2021,
2
the Office published
multiple notices of proposed
rulemaking (‘‘NPRMs’’) addressing
various aspects of CCB proceedings.
3
The Office then published final rules
after receiving and considering
comments from the public.
4
On June 16,
2022, the CCB began receiving claims.
On December 19, 2022, the Office
published and sought comment on an
interim rule that clarified the rules
governing representation by law
students of parties before the CCB,
added a rule to address district court
referrals, and amended the rules
governing proof of service forms and
default proceedings.
5
Specifically, the
interim rule clarified that law student
representatives must qualify under the
laws, court rules, or bar rules of the
jurisdiction that allows, authorizes, or
permits them to practice law. This
clarification was intended to avoid any
implication in the prior rule that law
students must undergo a formal
certification process. The interim rule
also clarified that the CCB’s regulations
only govern law students who make a
formal appearance in CCB proceedings,
rather than those who provide legal
assistance to parties in other capacities.
The interim rule also set forth intake
procedures for cases referred to the CCB
from district courts and gave the CCB
authority to adjust or suspend certain
rules that would otherwise apply if
doing so would be in the interests of
efficiently resolving the dispute. The
interim rule excluded district court
referrals from the limits on the number
of proceedings a claim, attorney, or law
firm may file with the CCB, and did not
require a claimant to pay a filing fee for
such a proceeding.
Further, the interim rule made clear
that claimants may file either the proof
of service form provided on the CCB’s
website or an alternative proof of service
form that contains all of the information
required by the CCB-provided form. The
interim rule also clarified that parties
are not limited to materials exchanged
during discovery when presenting
evidence in support of a default.
Finally, the interim rule included
updated cross-references and added
references to ‘‘counterclaims’’ where the
rule previously only referred to
‘‘claims.’’
The Office received one comment on
the interim rule from the Copyright
Alliance, concerning the decision not to
require claimants to pay a fee for
proceedings referred to the CCB by a
district court.
6
The Copyright Alliance
indicated that it had no objections to
this approach, but recommended that
‘‘the Office monitor the number of cases
referred from district court and re-
evaluate the impact of this rule’’ to
make sure that costs are not passed to
other claimants and that the CCB’s
budget or resources are not negatively
impacted, in the event that district court
referrals become a significant portion of
the CCB’s caseload.
7
If that occurs, the
Copyright Alliance suggested that the
Office ‘‘includ[e] an amount sufficient
to fund these cases in its annual
appropriations funding request from
Congress’’ or, if the Office opts to
impose a fee in the future, that it
‘‘divid[e] that fee equally among all of
the claimants and respondents that
would be party to the case.’’
8
The Office appreciates these
comments and will take them under
advisement moving forward. Because
the Office did not receive any comments
recommending changes to the proposed
rule at this time, the Office adopts the
interim rule as final.
List of Subjects in 37 CFR Parts 222,
224, 225, 233, 234, and 235
Claims, Copyright.
Final Regulations
PART 222—PROCEEDINGS
PART 224—REVIEW OF CLAIMS BY
OFFICERS AND ATTORNEYS
PART 225—DISCOVERY
PART 233—LIMITATION ON
PROCEEDINGS
PART 234—LAW STUDENT
REPRESENTATIVES
PART 235—DISTRICT COURT
REFERRALS
■For the reasons stated in the preamble,
the U.S. Copyright Office adopts the
interim rule amending 37 CFR parts
222, 224, 225, 233, 234, and 235, which
was published at 87 FR 77518 on
December 19, 2022, as final without
change.
VerDate Sep<11>2014 16:01 Jul 28, 2023 Jkt 259001 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1
ddrumheller on DSK120RN23PROD with RULES1
49295
Federal Register / Vol. 88, No. 145 / Monday, July 31, 2023 / Rules and Regulations
Dated: July 19, 2023.
Shira Perlmutter,
Register of Copyrights and Director of the
U.S. Copyright Office.
Approved by:
Carla D. Hayden,
Librarian of Congress.
[FR Doc. 2023–15941 Filed 7–28–23; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 52 and 97
[EPA–HQ–OAR–2021–0668; FRL–8670.2–
03–OAR]
Federal ‘‘Good Neighbor Plan’’ for the
2015 Ozone National Ambient Air
Quality Standards; Response to
Judicial Stays of SIP Disapproval
Action for Certain States
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Interim final rule; request for
comment.
SUMMARY
: The Environmental Protection
Agency (EPA) is taking interim final
action to stay, for emissions sources in
Arkansas, Kentucky, Louisiana,
Mississippi, Missouri, and Texas only,
the effectiveness of the federal
implementation plan (FIP) requirements
established to address the obligations of
these and other states to mitigate
interstate air pollution with respect to
the 2015 national ambient air quality
standards (NAAQS) for ozone (the Good
Neighbor Plan). The EPA is also revising
certain other regulations to ensure that
sources in these states will continue to
be subject to previously established
requirements to mitigate interstate air
pollution with respect to other ozone
NAAQS while the Good Neighbor Plan’s
requirements are stayed. These revisions
will also ensure that the stay is limited
to requirements for which the EPA does
not currently have authority to
implement a FIP pending judicial
review. The stay and the associated
revisions to other regulations are being
issued in response to judicial orders that
partially stay, pending judicial review, a
separate, earlier EPA action which
disapproved certain state
implementation plan (SIP) revisions
submitted by these and other states.
Finally, for states for which the Good
Neighbor Plan’s requirements are not
being stayed, the EPA is revising three
near-term deadlines that are incorrect as
published in the Good Neighbor Plan.
DATES
: This interim final rule is
effective on August 4, 2023. Comments
on this rule must be received on or
before August 30, 2023.
ADDRESSES
: You may send comments,
identified by Docket ID No. EPA–HQ–
OAR–2021–0668, by any of the
following methods:
•Federal eRulemaking portal:
https://www.regulations.gov (our
preferred method). Follow the online
instructions for submitting comments.
•Mail: U.S. Environmental
Protection Agency, EPA Docket Center,
Air and Radiation Docket, Mail Code
28221T, 1200 Pennsylvania Avenue
NW, Washington, DC 20460.
•Hand delivery or courier: EPA
Docket Center, WJC West Building,
Room 3334, 1301 Constitution Avenue
NW, Washington, DC 20004. The Docket
Center’s hours of operations are 8:30
a.m.–4:30 p.m., Monday–Friday (except
federal holidays).
Comments received may be posted
without change to https://
www.regulations.gov, including any
personal information provided. For
detailed instructions on sending
comments, see the ‘‘Public
Participation’’ heading of the
SUPPLEMENTARY INFORMATION
section of
this document.
FOR FURTHER INFORMATION CONTACT
:
David Lifland, Clean Air Markets
Division, Office of Atmospheric
Protection, Office of Air and Radiation,
U.S. Environmental Protection Agency,
Mail Code 6204A, 1200 Pennsylvania
Avenue NW, Washington, DC 20460;
telephone: 202–343–9151; email:
lifland.david@epa.gov.
SUPPLEMENTARY INFORMATION
:
I. General
A. Public Participation
Submit your written comments,
identified by Docket ID No. EPA–HQ–
OAR–2021–0668, at https://
www.regulations.gov (our preferred
method), or by the other methods
identified in the
ADDRESSES
section.
Once submitted, comments cannot be
edited or removed from the docket. The
EPA may publish any comment received
to its public docket. Do not submit to
the EPA’s docket at https://
www.regulations.gov any information
you consider to be Confidential
Business Information (CBI), Proprietary
Business Information (PBI), or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e., on the web, cloud, or
other file sharing system). Please visit
https://www.epa.gov/dockets/
commenting-epa-dockets for additional
submission methods; the full EPA
public comment policy; information
about CBI, PBI, or multimedia
submissions; and general guidance on
making effective comments.
B. Potentially Affected Entities
This action revises on an interim basis
the Good Neighbor Plan, which applies
to electricity generating units (EGUs)
and non-EGU industrial sources. This
action also revises other allowance
trading program regulations that apply
to EGUs but not to non-EGU industrial
sources. The affected emissions sources
are generally in the following industry
groups:
Industry group
North American
Industry
Classification
System (NAICS)
code
Fossil Fuel Electric Power Gen-
eration .................................... 221112
Pipeline Transportation of Nat-
ural Gas ................................. 4862
Cement and Concrete Product
Manufacturing ........................ 3273
Iron and Steel Mills and
Ferroalloy Manufacturing ....... 3311
Glass and Glass Product Manu-
facturing ................................. 3272
Basic Chemical Manufacturing .. 3251
Petroleum and Coal Products
Manufacturing ........................ 3241
Pulp, Paper, and Paperboard
Mills ........................................ 3221
Metal Ore Mining ....................... 2122
Solid Waste Combustors and
Incinerators ............................ 562213
The Good Neighbor Plan applies to
emissions sources in Alabama,
Arkansas, California, Illinois, Indiana,
Kentucky, Louisiana, Maryland,
Michigan, Minnesota, Mississippi,
Missouri, Nevada, New Jersey, New
York, Ohio, Oklahoma, Pennsylvania,
Texas, Utah, Virginia, West Virginia,
and Wisconsin. The portions of this
action staying the Good Neighbor Plan’s
requirements and revising other
allowance trading program regulations
apply to sources in Arkansas, Kentucky,
Louisiana, Mississippi, Missouri, and
Texas. The portions of this action
revising certain near-term deadlines
under the Good Neighbor Plan apply to
emissions sources in the other listed
states, for which the Good Neighbor
Plan’s requirements are not being
stayed.
The information provided in this
section on potentially affected entities is
not intended to be exhaustive. If you
have questions regarding the
applicability of this action to a
VerDate Sep<11>2014 16:01 Jul 28, 2023 Jkt 259001 PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1
ddrumheller on DSK120RN23PROD with RULES1
