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Federal Register / Vol. 76, No.

33 / Thursday, February 17, 2011 / Rules and Regulations 9229

procedures; and related management (b) Enforcement Period. This section transactions per year; require deposit
systems practices) that are developed or will be in effect from 8 a.m. on February account holders to maintain a minimum
adopted by voluntary consensus 19th to 4 p.m. on February 20, 2011. It balance in that account; require the
standards bodies. will be enforced from 8 a.m. to 4 p.m. closure of a deposit account the second
This rule does not use technical each day (February 19, 2011 and time it is overdrawn within any 12-
standards. Therefore, we did not February 20, 2011). If the event month period; and offer deposit account
consider the use of voluntary consensus concludes prior to the scheduled holders the option of automatic
standards. termination time, the Captain of the Port replenishment of their account via their
will cease enforcement of this safety bank account or credit card.
zone and will announce that fact via DATES: Effective Date: May 1, 2011.
We have analyzed this rule under Broadcast Notice to Mariners. FOR FURTHER INFORMATION CONTACT:
Department of Homeland Security (c) Definitions. The following Tanya Sandros, Deputy General Counsel
Management Directive 023–01 and definition applies to this section: or Chris Weston, Attorney Advisor.
Commandant Instruction M16475.lD, Designated representative, means any Copyright GC/I&R, P.O. Box 70400,
which guide the Coast Guard in commissioned, warrant, or petty officer Washington, DC 20024. Telephone:
complying with the National of the Coast Guard on board Coast (202) 707–8380. Telefax: (202) 707–
Environmental Policy Act of 1969 Guard, Coast Guard Auxiliary, and 8366. All prior Federal Register notices
(NEPA) (42 U.S.C. 4321–4370f), and local, state, and federal law enforcement and public comments in this docket are
have concluded this action is one of a vessels who have been authorized to act available at http://www.copyright.gov/
category of actions which do not on the behalf of the Captain of the Port. docs/deposit-acct/eservice/.
individually or cumulatively have a (d) Regulations. (1) Entry into, transit
significant effect on the human through or anchoring within this safety
environment. This rule is categorically zone is prohibited unless authorized by Deposit Account Background
excluded, under figure 2–1, paragraph the Captain of the Port of San Diego or The Copyright Office maintains a
(34)(g), of the Instruction. This rule his designated representative. system of deposit accounts for those
involves the establishment of a safety (2) Mariners requesting permission to who frequently use its services. An
zone. transit through the safety zone may individual or entity may establish a
An environmental analysis checklist request authorization to do so from the deposit account, make advance deposits
and a categorical exclusion Patrol Commander (PATCOM). The into that account, and charge copyright
determination are available in the PATCOM may be contacted on VHF–FM fees against the balance instead of
docket where indicated under Channel 16. sending separate payments with
ADDRESSES. (3) All persons and vessels shall applications and other requests for
List of Subjects in 33 CFR Part 165 comply with the instructions of the services. This process has proven to be
Coast Guard Captain of the Port or his more efficient and less expensive for
Harbors, Marine safety, Navigation designated representative.
(water), Reporting and recordkeeping both the Office and the applicant than
(4) Upon being hailed by U.S. Coast sending separate payments to the
requirements, Security measures, Guard patrol personnel by siren, radio,
Waterways. Copyright Office for each application for
flashing light, or other means, the registration or for other services.
For the reasons discussed in the operator of a vessel shall proceed as The goal of this Final Rule is to solve
preamble, the Coast Guard amends 33 directed. the problems associated with the
CFR part 165 as follows: (5) The Coast Guard may be assisted suspension of paper registration
by other federal, state, or local agencies. applications for lack of deposit account
Dated: February 3, 2011. funds. As explained in the October 8,
T.H. Farris, 2010 Federal Register Notice of
■ 1. The authority citation for part 165 Captain, U.S. Coast Guard, Captain of the Proposed Rulemaking (75 FR 62345),
continues to read as follows: Port San Diego. when the deposit account being used for
[FR Doc. 2011–3566 Filed 2–16–11; 8:45 am] payment has insufficient funds to
Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.
BILLING CODE 9110–04–P process a paper application, the
Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;
33 CFR 1.05–1, 6.04–1, 6.04–6, 160.5; Pub. L. Copyright Office suspends processing of
107–295, 116 Stat. 2064; Department of the application to notify the account
Homeland Security Delegation No. 0170.1. LIBRARY OF CONGRESS holder that replenishment of the
■ 2. Add § 165.T11–392 to read as account is needed, and places the
follows: Copyright Office pending application and associated
deposit copies in temporary storage. The
§ 165.T11–392 Safety Zone; Havasu 37 CFR Part 201 suspended applications, which may
Landing Regatta, Colorado River, Lake number 3,000 or more at any one time,
Havasu Landing, CA. [Docket No. RM 2009–4] must be reviewed regularly by Office
(a) Location. The limits of the safety staff to locate those that are newly
Administration of Copyright Office
zone will be the navigable waters of funded and reprocess them. Thus,
Deposit Accounts
Lake Havasu bounded by the following insufficient deposit account funding
coordinates: from the California AGENCY: Copyright Office, Library of effectively doubles—at a minimum—the
shoreline in position 34°29.40′ N Congress. time Office staff must spend processing
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114°24.12′ W to the northern corner 900 ACTION: Final rule. an application, time that would
yards east in position 34°29.40′ N otherwise be more profitably spent on
114°23.39′ W to the southern corner SUMMARY: The Copyright Office is processing properly filed claims.
1,400 yards south in position 34°29.0′ N amending its regulations to set the On average, one to three percent of
114°23.39′ W to the California shoreline minimum level of activity required to paper applications for registration are
in position 34°29.0′ N 114°24.12′ W. hold a deposit account at 12 suspended each year due to lack of

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9230 Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations

sufficient deposit account funds. In denied the option of continuing to use copyright expenses by establishing a
fiscal 2010, between 6,000 and 7,000 paper applications because of the Deposit Account.’’
applications were carried on hold actions of ‘‘irresponsible’’ deposit The words ‘‘a considerable amount of
monthly for insufficient deposit account account holders. See MPAA comment business’’ will be replaced by ‘‘12 or
funds. The Office has expended 2009 at 4. more transactions a year’’ in order to
substantial resources managing these The MPAA and two other more clearly delineate the intended
suspended applications and deposits. commenters also expressed skepticism users of the deposit account program.
While the Office assesses service with the efficiency and security of the The program’s goal is to better serve
charges for deposit account overdrafts eService system. A full discussion of rights-holders who engage in regular,
($165) and dishonored deposit account these issues appears in the Office’s multiple registrations and other
replenishment checks ($85), see 37 CFR October 8, 2010 NPRM. transactions with the Copyright Office
201.3(d), these penalties do not recover The Copyright Office carefully every year, and the new language
all costs or solve the fundamental considered each of the comments reflects this intent with specificity. The
problems associated with the additional submitted in response to the July 9, 12 transaction minimum is also
handling and the delay in processing 2009 NRPM, and was persuaded that consistent with prior Copyright Office
underfunded applications for mandatory electronic application was policy and conforms to the typical
registration. not the most appropriate solution to its minimum level of activity of current
problem of underfunded paper deposit account holders.
First Notice of Proposed Rulemaking The Office is also instituting a
and Public Comments applications. While the Office still felt
requirement that every deposit account
On July 14, 2009, the Copyright Office strongly that electronic registration is
holder must establish, in consultation
published a notice of proposd more efficient than paper registration, with the Copyright Office, a minimum
rulemaking (NPRM) in the Federal and redounds to the benefit of balance for its deposit account. Ideally,
Register, 74 FR 33930, proposing that applicants as much as to the benefit of this balance will be the lowest amount
the problem of insufficient deposit the Office, it concluded that mandatory a deposit account holder can have in his
account funds for paper applications electronic registration was an overbroad or her account and still be able to pay
should be solved by requiring all solution to the specific problems for the regular number of copyright
deposit account holders to file their described. See 75 FR 62345, 62347–8. registration applications. This amount
applications via eService, the Office’s The final rule requiring a minimum will be set collaboratively so that both
electronic registration system. An deposit account balance and optional the account holder and the office are
application for registration made via automatic replenishment discussed comfortable that it will be sufficient for
eService cannot be completed until the herein is a more targeted response to the the account holder’s expected activity.
method of payment is verified by, for problems facing the Office. However, each account must have at
example, ensuring that sufficient funds Second Notice of Proposed Rulemaking; least a minimum balance of $450.
are present in the deposit account and Comments; Final Rule In the event a deposit account goes
payment has been made. This approach below its minimum balance, the
would have been much more efficient After considering the comments filed Copyright Office will automatically
than filing paper applications, which in response to the July 2009 NPRM, the notify the account holder of this
must go through a number of processing Copyright Office explored other options situation. The minimum balance
steps before the validity of the proffered for addressing its problems with requirement is intended to act primarily
method of payment can be ascertained. underfunded deposit accounts and in as an indicator to the account holder
In addition, the proposal noted that October 2010 proposed a number of that the account may need
electronic registration benefits administrative requirements to solve the replenishment; going below a minimum
applicants in that it offers a lower fee problem. The Office received two balance will not in itself expose the
than paper registrations ($35 instead of comments favorable to the proposal— account holder to any adverse
$65) and helps to establish an earlier from Author Services, Inc. and the consequences.
effective date of registration. MPAA—and has decided to adopt the
The July 2009 NPRM garnered six proposed regulatory amendments with 2. Consequences of Overdrawing a
public comments, three of which two alterations. Specifically, the Office Deposit Account
supported the electronic filing is amending its regulations to (1) Set the Upon the second occasion that a
requirement and three of which minimum level of activity required to deposit account is overdrawn—meaning
opposed it. Most notably, the Motion hold a deposit account at 12 the second time there is not enough
Picture Association of America (MPAA) transactions per year; (2) require deposit money in an account to pay the fee for
challenged the initial proposed rule as account holders to maintain a minimum a submitted registration—the account
premature and suggested an alternative balance in that account; (3) mandate the will be closed. The MPAA, in its
whereby each deposit account holder closure of a deposit account the second comment on the October 2010 notice,
would be charged an up-front $100 fee time it is overdrawn within any 12- inquired ‘‘whether it might be
that would be held as a kind of security month period; and (4) offer deposit appropriate to specify some time period
deposit with which to dispose of account holders the option of automatic during which two overdrafts would
underfunded registration applications. replenishment of their account via their result in the closure of a deposit
MPAA comment 2009 at 2. According to bank account or credit card. account.’’ MPAA comment 2010 at 2.
the MPAA proposal, if an applicant has The Copyright Office finds merit in this
1. Mandatory Minimum Deposit
insufficient funds in its deposit account suggestion, and is adding a proviso that,
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Account Activity and Balance

to pay for a paper application, the in order to result in account closure,
Copyright Office should close the The Deposit Account regulation—37 both overdrafts must occur within the
deposit account and use the security CFR 201.6(b)—currently reads, ‘‘Persons span of 12 months. This addition will
deposit to pay for returning the or firms having a considerable amount help ensure that the penalty for two
application to the applicant. The MPAA of business with the Copyright Office overdrafts affects only habitual abusers.
argued that rights-holders should not be may, for their own convenience, prepay Additionally, the overdraft rule in

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Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations 9231

practice will only affect deposit account owners who frequently use its services, holder. Automatic replenishment will
holders who use paper applications, including, but not limited to, be triggered when the Deposit Account
because eService will not allow an registration, and announced that it will goes below the minimum level of
application to be submitted without continue to offer deposit accounts for funding established pursuant to
sufficient funds. the foreseeable future, reserving its paragraph (b)(1) of this section, and
However, a deposit account holder prerogative to revisit the question of Deposit Account holders will be
whose account is closed because it has their utility and cost to the Office at a automatically notified that their
been overdrawn twice is not foreclosed later time. accounts will be replenished. Funding
from using a deposit account in the At this time, the Office also notes that through automatic replenishment is
future. The deposit account holder may the change in policy for administering required if a Deposit Account holder,
re-open the closed account on the Deposit Accounts will increase the who has had an account closed because
condition that it is funded through the effectiveness and efficiency of the it has been overdrawn twice within any
automatic replenishment option. This system for the Office and eliminate most 12 month period, wishes to re-open the
requirement is to protect the account of the problems that generated the account.
holder from the risk of overdrawing initial questions. Hence, in light of the * * * * *
again and to protect the Copyright comments from the rights-holders and
Office from the expense of handling the new amendments announced today, Dated: February 7, 2011.
suspended applications in the future. the Office will continue to offer Deposit Maria Pallante,
Accounts. Acting Register of Copyrights.
3. Voluntary Automatic Replenishment
List of Subjects in 37 CFR Part 201 Approved by
The Copyright Office will offer a
James H. Billington,
voluntary automatic replenishment Copyright, General provisions.
program to all deposit account holders. The Librarian of Congress.
Under this program, the deposit account Final Regulation [FR Doc. 2011–3598 Filed 2–16–11; 8:45 am]
holder may provide pre-authorization to In consideration of the foregoing, the BILLING CODE 1410–30–P
the Copyright Office to replenish the Copyright Office amends 37 CFR Ch. II
account from the account holder’s credit as follows:
card or bank account. Replenishment POSTAL SERVICE
will take place when the deposit PART 201—GENERAL PROVISIONS
account goes below its minimum 39 CFR Part 111
■ 1. The authority citation for part 201
balance, at which time the Office will
continues to read as follows: New Customs Declarations Label
immediately notify the account holder
that the account has fallen below the Authority: 17 U.S.C. 702, 708(c). Requirements
minimal balance and that the account ■ 2. In § 201.6, revise paragraph (b) to AGENCY: Postal ServiceTM.
will be replenished in accordance with read as follows: ACTION: Final rule.
the automatic replenishment agreement.
The account holder will determine the § 201.6 Payment and refund of Copyright SUMMARY: The Postal Service is revising
amount of replenishment at the time the Office fees. the Mailing Standards of the United
account holder enters the program. * * * * * States Postal Service, Domestic Mail
(b) Deposit accounts. (1) Persons or Manual (DMM®) 608.2.4 to require all
Comments Received in Response to firms having 12 or more transactions a mailpieces containing goods that enter
Question Regarding the Continued year with the Copyright Office may the Customs Territory of the United
Availability of Deposit Accounts prepay copyright expenses by States (CTUS), from outside the CTUS,
In its July 15th, 2009 NPRM, the establishing a Deposit Account. The to bear a customs declaration label.
Copyright Office sought public Office and the Deposit Account holder Additionally, the Postal Service updates
comment on whether it should cease will cooperatively determine an the standards for items weighing 16
offering deposit accounts altogether. It appropriate minimum balance for the ounces or more when sent to, from, or
noted that, in an era when paper Deposit Account which, in no case, can between, and in some circumstances,
applications and payment via check be less than $450, and the Office will within certain U.S. territories,
were the norm, a separate, simplified automatically notify the Deposit possessions, and Freely Associated
deposit account system presented Account holder when the account goes States.
attractive efficiencies to frequent below that balance.
applicants and to the Office. It also (2) The Copyright Office will close a DATES: Effective Date: June 6, 2011.
pointed out that in an era of electronic Deposit Account the second time the FOR FURTHER INFORMATION CONTACT: Rick
registration and payment via corporate Deposit Account holder overdraws his Klutts at 813–877–0372.
or other credit cards, the administrative or her account within any 12-month SUPPLEMENTARY INFORMATION: Consistent
costs of maintaining a separate deposit period. An account closed for this with the Code of Federal Regulations,
account system are no longer clearly reason can be re-opened only if the Title 19, Part 145—U.S. Customs and
offset by its advantages; hence, the holder elects to fund it through Border Protection, Department of
reason for the Office’s inquiry automatic replenishment. Homeland Security, the Postal Service
concerning abolition of the deposit (3) In order to ensure that a Deposit will require that all mailpieces
account system. Account’s funds are sufficiently containing goods that enter the CTUS,
Three of the four commenters who maintained, a Deposit Account holder from outside the CTUS, to bear a
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addressed this question argued that may authorize the Copyright Office to customs declaration label. In addition,
eliminating deposit accounts would be automatically replenish the account to ensure compliance with safety and
harmful. Thus, the Copyright Office from the holder’s bank account or credit security requirements of the United
acknowledged in its October 8, 2010 card. The amount by which a Deposit States Postal Inspection Service®, we
notice that deposit accounts remain a Account will be replenished will be are updating our standards for items
useful and efficient option for copyright determined by the deposit account weighing 16 ounces or more (regardless

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