Copyright Claims Board: Initiation of Proceedings and Related Procedures

Citation86 FR 64100
Record Number2021-25001
Published date17 November 2021
SectionProposed rules
CourtLibrary Of Congress,U.s. Copyright Office
64100
Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Proposed Rules
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Chapter I
Defense Acquisition Regulations
System
48 CFR Chapter 2
Cybersecurity Maturity Model
Certification (CMMC) 2.0 Updates and
Way Forward
AGENCY
: Office of the Under Secretary of
Defense for Acquisition and
Sustainment, Department of Defense
(DoD).
ACTION
: Advanced notice of proposed
rulemaking.
SUMMARY
: This document provides
updated information on DoD’s way
forward for the approved Cybersecurity
Maturity Model Certification (CMMC)
program changes, designated as ‘‘CMMC
2.0.’’ CMMC 2.0 builds upon the initial
CMMC framework to dynamically
enhance Defense Industrial Base (DIB)
cybersecurity against evolving threats.
The CMMC framework is designed to
protect sensitive unclassified
information that is shared by the
Department with its contractors and
subcontractors and provide assurance
that Federal Contract Information (FCI)
and Controlled Unclassified Information
(CUI) will be protected at a level
commensurate with the risk from
cybersecurity threats, including
Advanced Persistent Threats. Under the
CMMC program, DIB contractors will be
required to implement certain
cybersecurity protection standards, and,
as required, perform self-assessments or
obtain third-party certification as a
condition of DoD contract award.
DATES
: November 17, 2021.
ADDRESSES
: Visit the updated CMMC
website for CMMC 2.0 updates: https://
www.acq.osd.mil/cmmc/.
FOR FURTHER INFORMATION CONTACT
: Ms.
Diane Knight, Office of the Under
Secretary of Defense for Acquisition and
Sustainment, at 202–770–9100 or
diane.l.knight10.civ@mail.mil.
SUPPLEMENTARY INFORMATION
:
Background
The CMMC program is designed to
enhance DIB cybersecurity to meet
evolving threats and safeguard the
information that supports and enables
the Warfighter.
Interim Defense Federal Acquisition
Regulation Supplement (DFARS) rule,
Assessing Contractor Implementation of
Cybersecurity Requirements (DFARS
Case 2019–D041), effective November
30, 2020, implemented DFARS clause
252.204–7021, Contractor Compliance
with the Cybersecurity Maturity Model
Certification Level Requirement. This
clause implemented the initial version
of CMMC program, hereafter ‘‘CMMC
1.0.’’
CMMC 1.0 was designed to protect
FCI and CUI shared with and handled
by DoD contractors and subcontractors
on non-federal contractor information
systems. CMMC 1.0 involved five
progressively advanced levels of
cybersecurity standards and required
that DIB contractors undergo a
certification process to demonstrate
compliance with the CMMC
cybersecurity standards at a given level.
In March 2021, the Department
initiated an internal assessment of
CMMC 1.0 implementation that was
informed by more than 850 public
comments in response to the interim
DFARS rule. This comprehensive,
programmatic assessment of CMMC
engaged cybersecurity and acquisition
leaders within DoD to refine policy and
program implementation. This review
resulted in ‘‘CMMC 2.0,’’ which updates
the program structure and the
requirements to streamline and improve
implementation of the CMMC program.
Way Forward
The changes reflected in the CMMC
2.0 framework will be implemented
through the rulemaking process. DoD
will pursue rulemaking in both: (1) Title
32 of the Code of Federal Regulations
(CFR); and, (2) title 48 CFR, to establish
CMMC 2.0 program requirements and
implement any needed changes to the
CMMC program content in 48 CFR. Both
rules will have public comment periods.
Publication of title 32 and title 48 CFR
rules will implement DoD’s
requirements for the updated CMMC
version 2.0, which include various
modifications from CMMC 1.0.
These modifications include:
Eliminating levels 2 and 4, and
renaming the remaining three levels in
CMMC 2.0 as follows:
ÆLevel 1 (Foundational) will remain
the same as CMMC 1.0 Level 1;
ÆLevel 2 (Advanced) will be similar
to CMMC 1.0 Level 3;
ÆLevel 3 (Expert) will be similar to
CMMC 1.0 Level 5.
Removing CMMC-unique practices
and all maturity processes from all
levels;
For CMMC Level 1 (Foundational),
allowing annual self-assessments with
an annual affirmation by DIB company
leadership;
Bifurcating CMMC Level 2
(Advanced) assessment requirements:
ÆPrioritized acquisitions involving
CUI will require an independent third
party assessment;
ÆNon-prioritized acquisitions
involving CUI will require an annual
self-assessment and annual company
affirmation;
For CMMC Level 3 (Expert),
requiring Government-led assessments.
Developing a time-bound and
enforceable Plan of Action and
Milestone process; and,
Developing a selective, time-bound
waiver process, if needed and approved.
The title 32 CFR rulemaking for
CMMC 2.0 will be followed by
additional title 48 CFR rulemaking, as
needed, to implement any needed
changes to the CMMC program content
in 48 CFR. DoD will work through the
rulemaking processes as expeditiously
as possible.
Until the CMMC 2.0 changes become
effective through both the title 32 CFR
and title 48 CFR rulemaking processes,
the Department will suspend the CMMC
Piloting efforts and will not approve
inclusion of a CMMC requirement in
DoD solicitations.
The CMMC 2.0 program requirements
will not be mandatory until the title 32
CFR rulemaking is complete, and the
CMMC program requirements have been
implemented as needed into acquisition
regulation through title 48 rulemaking.
Dated: November 8, 2021.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2021–24880 Filed 11–16–21; 8:45 am]
BILLING CODE 5001–06–P
LIBRARY OF CONGRESS
U.S. Copyright Office
37 CFR Parts 201, 220, 222, 223, and
224
[Docket No. 2021–6]
Copyright Claims Board: Initiation of
Proceedings and Related Procedures
AGENCY
: U.S. Copyright Office, Library
of Congress.
ACTION
: Notice of proposed rulemaking;
extension of comment period.
SUMMARY
: The U.S. Copyright Office is
further extending the deadline for the
submission of written comments in
response to its September 29, 2021,
notice of proposed rulemaking regarding
initiating proceedings before the
Copyright Claims Board.
DATES
: The comment period for the
notice of proposed rulemaking
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64101
Federal Register / Vol. 86, No. 219 / Wednesday, November 17, 2021 / Proposed Rules
1
Hereinafter, the terms ‘‘North Carolina SIP’’ and
‘‘SIP’’ refer to the North Carolina regulatory portion
of the North Carolina SIP (i.e., the portion that
contains SIP-approved North Carolina regulations).
2
The Mecklenburg County, North Carolina
revision that is dated April 24, 2020, and received
by EPA on June 19, 2020, is comprised of three
previous submittals—one dated January 21, 2016;
one dated October 25, 2017; and one dated January
14, 2019.
3
EPA notes that the April 24, 2020, submittal was
received by EPA on June 19, 2020.
published September 29, 2021, at 86 FR
53897, is extended. Initial written
comments must be received no later
than 11:59 p.m. Eastern Time on
November 30, 2021. Written reply
comments must be received no later
than 11:59 p.m. Eastern Time on
December 15, 2021.
ADDRESSES
: For reasons of government
efficiency, the Copyright Office is using
the regulations.gov system for the
submission and posting of public
comments in this proceeding. All
comments are therefore to be submitted
electronically through regulations.gov.
Specific instructions for submitting
comments are available on the
Copyright Office website at http://
copyright.gov/rulemaking/case-act-
implementation/initiating-proceedings/.
If electronic submission of comments is
not feasible due to lack of access to a
computer and/or the internet, please
contact the Office using the contact
information below for special
instructions.
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 U.S. Copyright
Office issued a notice of proposed
rulemaking (‘‘NPRM’’) regarding
initiating proceedings before the
Copyright Claims Board (‘‘CCB’’). The
Office solicited public comments on a
broad range of procedures governing the
initial stages of a CCB proceeding,
including filing the initial claim, opting
out of a proceeding, and filing a
response and any counterclaims.
On October 27, 2021, the Office
extended the comment period in this
proceeding by two weeks. In response to
stakeholder requests following that
extension, the Office is now further
extending the deadline for the
submission of initial comments to no
later than 11:59 p.m. Eastern Time on
November 30, 2021, and the deadline
for the submission of reply comments to
no later than 11:59 p.m. Eastern Time
on December 15, 2021. The Office does
not intend to grant further extensions in
this proceeding.
Dated: November 10, 2021.
Kevin R. Amer,
Acting General Counsel and Associate
Register of Copyrights.
[FR Doc. 2021–25001 Filed 11–16–21; 8:45 am]
BILLING CODE 1410–30–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R04–OAR–2021–0055; FRL–8986–01–
R4]
Air Plan Approval; North Carolina;
Mecklenburg Volatile Organic
Compounds
AGENCY
: Environmental Protection
Agency (EPA).
ACTION
: Proposed rule.
SUMMARY
: The Environmental Protection
Agency (EPA) is proposing to approve a
State Implementation Plan (SIP)
revision to the Mecklenburg County
portion of the North Carolina SIP,
hereinafter referred to as the
Mecklenburg Local Implementation
Plan (LIP). The revision was submitted
by the State of North Carolina, through
the North Carolina Division of Air
Quality (NCDAQ), on behalf of
Mecklenburg County Air Quality
(MCAQ) via a letter dated April 24,
2020, and was received by EPA on June
19, 2020. The revision updates several
Mecklenburg County Air Pollution
Control Ordinance (MCAPCO) rules
incorporated into the LIP, removes
several rules, and adds several rules.
The rules addressed in this proposal
relate to volatile organic compound
(VOC) emissions and include several
VOC Reasonably Available Control
Techniques (RACT) rules. EPA is
proposing to approve these changes
pursuant to the Clean Air Act (CAA or
Act).
DATES
: Comments must be received on
or before December 17, 2021.
ADDRESSES
: Submit your comments,
identified by Docket ID No. EPA–R04–
OAR–2021–0055 at
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) 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. 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). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
www2.epa.gov/dockets/commenting-
epa-dockets.
FOR FURTHER INFORMATION CONTACT
: Jane
Spann, Air Regulatory Management
Section, Air Planning and
Implementation Branch, Air and
Radiation Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth
Street SW, Atlanta, Georgia 30303–8960.
The telephone number is (404) 562–
9029. Ms. Spann can also be reached via
electronic mail at spann.jane@epa.gov.
SUPPLEMENTARY INFORMATION
:
I. Background and Overview
The Mecklenburg County LIP was
submitted to EPA on June 14, 1990, and
EPA approved the plan on May 2, 1991.
See 56 FR 20140. Mecklenburg County
is now requesting that EPA approve
changes to the LIP for, among other
things, general consistency with the
North Carolina SIP.
1
Mecklenburg
County prepared three submittals in
order to update the LIP and reflect
regulatory and administrative changes
that NCDAQ made to the North Carolina
SIP since EPA’s 1991 LIP approval.
2
The
three submittals were submitted as
follows: NCDAQ transmitted the
October 25, 2017, submittal to EPA but
later withdrew it from review through a
letter dated February 15, 2019. On April
24, 2020, NCDAQ resubmitted the
October 25, 2017, update to EPA and
also submitted the January 21, 2016, and
January 14, 2019, updates. Due to an
inconsistency with public notices at the
local level, these submittals were
withdrawn from EPA through a letter
dated February 15, 2019. Mecklenburg
County corrected this error, and NCDAQ
submitted the updates to EPA in a
submittal dated April 24, 2020.
3
This
proposed rule proposes to modify the
LIP by revising, adding, and removing
several rules related to the control of
VOCs, including several VOC RACT
rules, located in MCAPCO Article
2.0000, Air Pollution and Control
Regulations and Procedures, Section
2.0900, Volatile Organic Compounds.
On April 30, 2004, EPA designated
the Charlotte-Gastonia-Rock Hill, NC-SC
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