Federal Register - February 26, 2021
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Fuente: Federal Register
Federal Register / Vol. 86, No. 37 / Friday, February 26, 2021 / Rules and Regulations and public record pilot systems continues.98
List of Subjects in 37 CFR Part 201
Copyright, General provisions.
Final Regulations For the reasons set forth in the preamble, the Copyright Office amends 37 CFR part 201 as follows:
PART 201GENERAL PROVISIONS
1. The authority citation for part 201
continues to read as follows:
Authority: 17 U.S.C. 702.
2. Amend 201.10:
a. By revising paragraphs d1 and e1;
b. In paragraph f1iiA:
i. By removing will from the first and second sentences and adding ii. By adding on or after the date of recordation is; and c. In paragraph f3, by removing all of the elements required for recordation, including the prescribed fee and, if required, the statement of service, have been and adding in its place a copy of the notice of termination is.
The revisions read as follows:
201.10 Notices of termination of transfers and licenses.
d
1 The notice of termination shall be served upon each grantee whose rights are being terminated, or the grantees successor in title, by:
i Personal service;
ii First class mail sent or by reputable courier service delivered to an address which, after a reasonable investigation, is found to be the last known address of the grantee or successor in title; or iii Means of electronic transmission to:
A An email address designated for service of notices of termination and/or
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98 Public
comments included several other proposals to modernize various aspects of the recordation process that are outside the scope of the proposed rule and subjects of inquiry. See, e.g., Authors Alliance Comments at 3 proposing that the Office consider developing or integrating tools that help authors understand the complex timing provisions governing notice and termination windows; Edell Howard Comments at 3, 9, 10
proposing, inter alia, that the Office allow the public to view recorded notices online and download certificates of recordation; NMPA
Comments at 10 proposing that works identified in notices be linked to the registration record; NSAI
Comments at 8 proposing, inter alia, that the Office might notify authors of when termination rights may be maturing or closing by using registration records. The Office will consider these proposals as its further regulatory and technology modernization efforts proceed, to the extent they are permitted by law.
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legal process that is listed as such on the website of the grantee or successor in title in a location accessible to the public;
B An email address provided to the terminating party by the grantee or successor in title, provided that the grantee, successor in title, or an agent thereof who is duly authorized to accept service on behalf of the grantee or successor in title expressly consents in writing to accept service at the address provided within thirty days before such service is made; or C An email address for the grantee or successor in title provided in accordance with instructions provided on the Offices website in a public directory that the Office in its discretion may establish and maintain.
e
1 Harmless errors in a notice, statement of service, or indexing information provided electronically or in a cover sheet shall not render the notice invalid. For purposes of this paragraph, an error is harmless if it does not materially affect the adequacy of the information required to serve the purposes of 17 U.S.C. 203, 304c, or 304d, whichever applies.
Dated: February 8, 2021.
Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office Approved by:
Carla D. Hayden, Librarian of Congress.
FR Doc. 202103906 Filed 22521; 8:45 am BILLING CODE 141030P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
45 CFR Part 75
RIN 0991AC16
Health and Human Services Grants Regulation Office of the Assistant Secretary for Financial Resources ASFR, Health and Human Services HHS or the Department.
ACTION: Notification; postponement of effectiveness.
AGENCY:
The U.S. District Court for the District of Columbia in Facing Foster Care et al. v. HHS, 21cv00308 D.D.C.
Feb. 2, 2021, has postponed the effectiveness of portions of the final rule making amendments to the Uniform Administrative Requirements,
SUMMARY:
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promulgated on January 12, 2021. Those provisions are now effective August 11, 2021.
DATES: February 9, 2021.
FOR FURTHER INFORMATION CONTACT:
Johanna Nestor at Johanna.Nestor@
hhs.gov or 2022055904.
SUPPLEMENTARY INFORMATION: On January 12, 2021, 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 75.300c and d.
Specifically, the rule amended paragraph c, which previously provided that 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 paragraph c to provide that 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 previously provided that 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 provide that 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 75.101f were challenged in the U.S.
District Court for the District of Columbia. Facing Foster Care et al. v.
HHS, 21cv00308 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,
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