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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules governments, in the aggregate, or by the private sector, of $100 million or more adjusted annually for inflation in any 1 year . Therefore, neither a Small Government Agency Plan nor any other action is required under UMRA of 1995.
Paperwork Reduction Act of 1995
This action does not impose a new collection of information under the Paperwork Reduction Act of 1995. 44
U.S.C. 35013521.

List of Subjects in 21 CFR Part 1308
Administrative practice and procedure, Drug traffic control, Reporting and recordkeeping requirements.
For the reasons set out above, DEA
proposes to further amend 21 CFR part 1308, which we proposed to amend on August 11, 2021 at 86 FR 43983, as follows:

49273

PART 1308SCHEDULES OF
CONTROLLED SUBSTANCES
1. The authority citation for 21 CFR
part 1308 continues to read as follows:

Authority: 21 U.S.C. 811, 812, 871b, 956b, unless otherwise noted.

2. Amend 1308.11 by redesignating paragraph f9 through f11 as f10
through f12 and adding new paragraph f9 to read as follows:

1308.1

Schedule I.

f

9 Methiopropamine N-methyl-1-thiophen-2-ylpropan-2-amine

act-implementation/library-opt-out. 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.

Anne Milgram, Administrator.
FR Doc. 202118843 Filed 9121; 8:45 am BILLING CODE 441009P

FOR FURTHER INFORMATION CONTACT:

LIBRARY OF CONGRESS

Kevin. R. Amer, Acting General Counsel and Associate Register of Copyrights, by email at kamer@copyright.gov, or John R. Riley, Assistant General Counsel, by email at jril@copyright.gov. Each can be contacted by telephone at 202 707
8350.

Copyright Office 37 CFR Part 223
Docket No. 20214

Small Claims Procedures for Library and Archives Opt-Outs and Class Actions
SUPPLEMENTARY INFORMATION:

U.S. Copyright Office, Library of Congress.
ACTION: Notice of proposed rulemaking.
AGENCY:

The U.S. Copyright Office is issuing a notice of proposed rulemaking regarding the procedures for libraries and archives to opt out of proceedings before the Copyright Claims Board CCB and the procedures for a party before the CCB with respect to a class action proceeding, under the Copyright Alternative in Small-Claims Enforcement Act of 2020. The Office invites public comments on this proposed rule.
DATES: Comments on the proposed rule must be made in writing and received by the U.S. Copyright Office no later than 11:59 p.m. EDT on October 4, 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 https
www.copyright.gov/rulemaking/case-

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SUMMARY:

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I. Background The Copyright Alternative in SmallClaims Enforcement CASE Act of 2020 1 directs the Copyright Office to establish the Copyright Claims Board CCB or Board, a voluntary tribunal within the Office comprised of three Copyright Claims Officers who have the authority to render determinations on certain copyright disputes with a low economic value.
This notice of proposed rulemaking is being issued subsequent to a notification of inquiry NOI
published in the Federal Register on March 26, 2021, which describes in detail the legislative background and regulatory scope of the present rulemaking proceeding.2 The Office assumes the readers familiarity with that document.
1 Public Law 116260, sec. 212, 134 Stat. 1182, 2176 2020.
2 86 FR 16156, 16161 Mar. 26, 2021. Comments received in response to the March 26, 2021 NOI are available at https www.regulations.gov/document/
COLC-2021-0001-0001/comment. References to these comments are by party name abbreviated where appropriate, followed by Initial NOI
Comments or Reply NOI Comments, as appropriate.

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A. Library and Archives Opt Out The CASE Act directs the Register of Copyrights to establish regulations allowing for a library or archives that does not wish to participate in proceedings before the Copyright Claims Board to preemptively opt out of such proceedings. 3 The Office must also compile and maintain a publicly available list of the libraries and archives that have successfully opted out of proceedings. 4 In promulgating these regulations, the Register cannot charge a library or archives a fee to preemptively opt out of proceedings or require a library or archives to renew a decision to preemptively opt out of proceedings. 5
For the purposes of this provision, the statute defines library and archives as any library or archives, respectively, that qualifies for the limitations on exclusive rights under section 108 of title 17. 6 Section 108 provides exemptions to libraries and archives from liability for infringement for specified uses of copyrighted works.7
For an institution to qualify for those exemptions, the collections of the library or archives must be . . . open to the public, or . . . available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized 3 17

U.S.C. 1506aa1.
at 1506aa2B.
5 Id. at 1506aa3A.
6 Id. at 1506aa3B. The CASE Acts legislative history does not discuss the library and archives opt-out provision. See generally S. Rep. No. 116
105 2019; H.R. Rep. No. 116252 2019. Note, the CASE Acts legislative history cited is for S. 1273, 116th Cong. 2019 and H.R. 2426, 116th Cong.
2019, the CASE Act of 2019, bills largely identical to the CASE Act of 2020, with the notable exception that these earlier bills did not contain the libraries and archives opt-out provision.
7 17 U.S.C. 108.
4 Id.

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