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lotter on DSK11XQN23PROD with PROPOSALS1

Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules other electronic means that the person to be served consented to in writing. For these service methods, service is complete upon filing or sending, respectively, but is not effective if the filer or sender learns that it did not reach the person to be served.
B A party who is not represented by counsel and who submits a certification pursuant to 37 CFR 222.5e2ii and serves that certification upon the other parties by one of the methods set forth in paragraphs d1, 2, or 3 of this section may be excused from serving documents and receiving service of documents electronically by the means set forth in paragraph d3iiA of this section. Service of a document by or upon such a person shall be accomplished by 1 Mailing it to the persons last known address, in which event service is complete upon mailing it to the person;
2 Emailing it to the person, if the person has consented to receive service by email;
3 Handing it to the person;
4 Leaving it at the persons office with a clerk or other person in charge or in a conspicuous place in the office;
5 Leaving it at the persons dwelling or usual place of abode with someone of suitable age and discretion who resides there.
e Filing1 Required filings and certificate of service. Other than service of the initial notice and claim, any document that is required to be served together with a certificate of service in cases where a certificate of service is requiredmust be filed with the Board within a reasonable time after service, but no later than thirty days after service was completed. Notwithstanding the above, unless the Board orders otherwise, discovery requests and responses must not be filed unless they are used in the proceeding, as needed, in relation to discovery disputes or submissions on the merits.
2 How filing is madein general. i A document is filed by submitting it electronically to the Boards electronic filing system.
ii A party who is not represented by counsel may be excused from the requirements set forth in 37 CFR
222.5e1 by submitting a statement to the Board certifying under penalty of perjury that the party is unable to use the Boards electronic filing system or that doing so would cause an undue hardship. The party must submit this statement on a form obtained from the Board. A party who submits such a statement may, file a document by A Email, to an email address as directed by the Board;

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B Mail, by placing it in an envelope addressed to Copyright Claims Board, Library of Congress, James Madison Memorial Building, 101 Independence Avenue SE, Washington, DC 20559
6000 or P.O. Box 71380, Washington, DC 200241380, with postage prepaid, and depositing it with the United States Postal Service or major commercial carrier, such as UPS or FedEx, for delivery;
C Hand delivery by a private party between the hours of 8:30 a.m. and 5:00
p.m. to the Copyright Office Public Information Office, Room LM401 in the James Madison Memorial Building of the Library of Congress, in an envelope addressed as follows:
Copyright Claims Board, U.S. Copyright Office, Library of Congress, James Madison Memorial Building, 101
Independence Avenue SE, Washington, DC 20559; or, D Hand delivery by a commercial courier excluding FedEx, UPS, and similar courier services; the envelope must be delivered to the Congressional Courier Acceptance Site CCAS located at Second and D Street NE, Washington, DC, addressed as follows: Copyright Claims Board, Library of Congress, James Madison Memorial Building, 101
Independence Avenue SE, Washington, DC 205596000.
3 Certificate of service. i Except as provided in paragraph e2 of this section, every document filed with the Board and required to be served upon all parties must be accompanied by a certificate of service signed by or on behalf of the party making the service.
ii For any filing that occurs after the filing of a response, no certificate of service is required when a document is served by filing it with the Copyright Claims Boards electronic filing system.
222.6

Waiver of service.

a Content of waiver of service request. The request for waiver of service form shall:
1 Bear the name of the Copyright Claims Board;
2 Include on the first page and waiver page the caption identifying the parties and the docket number;
3 Be addressed to the respondent;
4 Contain the date of the request;
5 Notify the respondent that a legal proceeding has been commenced by the claimants in the Board against the Respondent;
6 Advise that the form is not a summons or official notice from the Board;
7 Request that respondent waive formal service of summons by signing the enclosed waiver;

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8 State that a waiver of personal service shall not constitute a waiver of the right to opt out of the proceeding.
9 Describe the effect of agreeing or declining to waive service;
10 Include a waiver of personal service provided by the Board for respondent to sign that includes:
i An affirmation that the respondent is waiving service;
ii An affirmation that waiving service does affect respondents ability to opt out of the proceeding;
iii An affirmation that respondent understands the requirement to opt out within 60 days of receiving the request;
iv The name, address, email address, and telephone number of the respondent; and v The typed, printed, or handwritten signature of the respondent, and if the signature is handwritten it shall be accompanied by a typed or printed name.
b Delivery of request for waiver of service. A claimant may request that a respondent waive personal service as provided by 17 U.S.C. 1506g6 by delivering, via first class mail, the following to the respondent:
1 A completed waiver of personal service form provided on the Boards website;
2 The documents described in 37
CFR 222.3, including the initial notice and the claim; and 3 An envelope, with postage prepaid and addressed to the claimant.
c Completing waiver of service. The respondent may complete waiver of service by returning the signed waiver form in the postage prepaid envelope to claimant by mail or, if the claimant also provides an email address to which the waiver of personal service form may be returned, by means of an email to which a copy of the signed form is attached.
Waiving service does affect respondents ability to opt out of proceedings.
d Timing of completing waiver. The respondent has 30 days from the date on which the request was sent to return the waiver form.
222.7

Response.

a Filing a response. A respondent who does not opt out within 60 days after receiving the initial notice shall begin participation before the Board by submitting a response through the electronic filing system using the response form provided by the Board, and serving the response form in the manner set forth in 37 CFR 222.5d.
Except as provided in this paragraph, to submit the response, the respondent must be a registered user of the electronic filing system. A respondent who is unable to use the electronic
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