Quiero saber acerca de...

khammond on DSKJM1Z7X2PROD with RULES

11634

Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Rules and Regulations
the Tip Rule to go into effect while the Department undertakes a further review of the Tip Rule could lead to confusion and uncertainty among workers and employers in the event that the Department proposes revisions to the rule following its review.
In addition to opposing a delay in the effective date, the NFIB questioned whether this rulemaking could properly become effective before the Tip Rules original effective date. NFIB believes that a delay of the Tip Rules effective date must be published 30 days before it takes effect. The Department disagrees. Section 553d of the Administrative Procedure Act provides that substantive rules should take effect not less than 30 days after the date they are published in the Federal Register unless otherwise provided by the agency for good cause found. 5 U.S.C.
553d3. The Department finds that it has good cause to make this rule effective immediately upon publication because allowing for a 30-day delay between publication and the effective date of this rulemaking would result in the Tip Rule taking effect before the delay begins, which would undermine the purpose for which this rule is being promulgated and result in additional confusion for regulated entities. The Regulatory Freeze Memorandum was issued on January 20, 2021, only 40
days before the Tip Rules original effective date of March 1, 2021. It would not have been practicable to issue an NPRM proposing to delay the Tip Rule and allow for ample time for public comment on that proposal in time to publish a final rule not less than 30 days before March 1. Moreover, this rulemaking institutes a 60-day delay of the Tip Rule, rather than itself imposing any new compliance obligations on employers; therefore, the Department finds that a lapse between publication and the effective date of this rule delaying the Tip Rules effective date is unnecessary. Because allowing for a 30day period between publication and the effective date of this rulemaking is both unnecessary and impracticable, this final rule delaying the Tip Rules effective date is effective immediately upon publication.
After reviewing timely comments submitted, the Department agrees with the supporters of the proposed delay in the Tip Rules effective date that the Tip Rule raises multiple issues of law, policy, and fact that warrant additional review and consideration in accordance with the Regulatory Freeze Memo.
These issues include the Tip Rules codification of WHDs guidance regarding the tip credits application to tipped employees who perform tipped
VerDate Sep<11>2014

16:49 Feb 25, 2021

Jkt 253001

and non-tipped duties; the Tip Rules revisions to portions of its CMP
regulations on willful violations; the Tip Rules incorporation of the CAAs language regarding CMPs for section 3m2B violations into the Departments regulations; and the Tip Rules analysis of the economic impact of codifying WHDs guidance regarding the tip credits application to tipped employees who perform tipped and non-tipped duties. As numerous advocacy organizations and the Attorneys General for eight states and the District of Columbia noted in their comments, a delay in the Tip Rules effective date would also give the Department more time to review the issues of law raised in the January 19
complaint. Allowing the Tip Rule to go into effect while the Department undertakes a review of these issues identified by commenters could lead to confusion among workers and employers in the event that the Department proposes to revise the Tip Rule after its review; delaying the Tip Rule would avoid such confusion.
Additionally, the Department agrees with NELP that a delay in the Tip Rules effective date would prevent employers from incurring potentially unnecessary additional costs to familiarize themselves with the Tip Rule if the Department elects to propose revising the Tip Rule following its review. To give the Department additional time to review issues of law, policy, and fact raised by the Tip Rule before the Tip Rule goes into effect, the Department therefore finalizes the proposed delay in effective date.
Signed this 24th day of February, 2021.
Milton A. Stewart, Acting Secretary of Labor.
FR Doc. 202104118 Filed 22421; 4:15 pm BILLING CODE 451027P

LIBRARY OF CONGRESS
Copyright Office 37 CFR Part 201
Docket No. 202010

Modernizing Recordation of Notices of Termination U.S. Copyright Office, Library of Congress.
ACTION: Final rule; statement of policy.
AGENCY:

The Copyright Office is amending certain regulations governing the recordation of notices of termination to improve efficiency in processing.
This final rule adopts regulatory
SUMMARY:

PO 00000

Frm 00032

Fmt 4700

Sfmt 4700

language set forth in the Offices June 2020 notice of proposed rulemaking and notification of inquiry with some modifications in response to public comments. The Office also addresses public comments submitted in response to the subjects of inquiry published in the notification of inquiry.
DATES: Effective March 29, 2021.
FOR FURTHER INFORMATION CONTACT:
Regan A. Smith, General Counsel, by email at regans@copyright.gov, Kevin R.
Amer, Deputy General Counsel, by email at kamer@copyright.gov, or Nicholas R. Bartelt, Attorney-Advisor, by email at niba@copyright.gov. Each can be contacted by telephone at 202
7078350.
SUPPLEMENTARY INFORMATION:
I. Background The Copyright Office is in the midst of a multi-year modernization of its services and systems. One component of this comprehensive modernization initiative is the development of an online electronic system to process documents submitted for recordation, including notices of termination. In April 2020, the Office launched a limited pilot of this new system to allow pilot participants to submit certain transfers of ownership and other documents pertaining to copyright for recordation. Since then, the Office has recorded over 900 documents through the system while expanding functionality for the growing number of pilot users. Before implementing features to permit electronic recordation of notices of termination, the Office issued a notice of proposed rulemaking on June 3, 2020 the NPRM to update its regulations governing recordation of notices of termination, clarify examination practices concerning terminations relating to multiple grants, and to solicit public comment on two related subjects of inquiry.1
A. Current Rules and Practices for Recording Notices of Termination In enacting the Copyright Act of 1976, Congress created a process for authors to reclaim previously-granted rights in their works by terminating grants after a period of years has elapsed. As explained in the NPRM, authors may accomplish this by selecting an effective date of termination within a five-year window that is set by statute, preparing a notice of termination containing this date and other information necessary to identify which grants of rights in which works are being terminated, 1 Modernizing Recordation of Notices of Termination, 85 FR 34150 June 3, 2020 notice of proposed rulemaking; notification of inquiry.

E:FRFM26FER1.SGM

26FER1