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Federal Register / Vol. 86, No. 233 / Wednesday, December 8, 2021 / Proposed Rules c Attendance at hearing. Attendance at a Board hearing, including virtual hearings, is limited to the parties to the proceeding and their representatives, except with leave of the Board. A
request for attendance may be made in writing.
d Hearing transcript. The Board may cause a transcript of a hearing to be made by using an official reporter or any technology that is available to the Board. At the request of any party, the Board may designate an official reporter to attend and transcribe a hearing or to prepare a transcript from a recording of a hearing. The requesting party or parties shall pay the reporter directly for the cost of creating an official transcript.
229.2

PART 230REQUESTS FOR
RECONSIDERATION

General.

This part prescribes rules pertaining to procedures for reconsideration of a final determination issued by the Copyright Claims Board Board. A
party may request reconsideration according to the procedures in this part if the party identifies a clear error of law or fact material to the outcome or a technical mistake. A party may also request reconsideration to vacate a default determination.

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230.2

Request for reconsideration.

Upon receiving a final determination from the Board, any party may request that the Board reconsider its determination. Such a request must be filed within 30 days of the determination and shall be no more than 12 doubled-spaced pages in 12point font or larger, for both body text and footnotes, with at least one-inch margins on the top, bottom, left, and right of each page. The request must identify a clear error of law or fact that was material to the outcome or a technical mistake. The request shall not merely repeat any oral or written
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Response to request.

A party opposing a request for a reconsideration may file a response to the request within 21 days of the date of service of the request. Such response shall be no more than 12 double-spaced pages in 12-point font or larger, for both body text and footnotes, with at least one-inch margins on the top, bottom, left, and right of each page. No reply shall be filed by the party seeking reconsideration absent leave of the Board.
No new evidence.

Evidence that was not previously submitted to the Board as part of written testimony or at a hearing or in response to a specific request for evidence from the Board shall not be submitted as part of a request for reconsideration or a response to a request, except where the party demonstrates, through clear and convincing evidence, that the evidence was not available to that party in the exercise of reasonable diligence prior to the submission of written testimony or prior to the hearing.
230.5

General.
Request for reconsideration.
Response to request.
No new evidence.
Determination.

Authority: 17 U.S.C. 702, 1510.
230.1

230.3

230.4

Record certification.

Upon a written request to the Records Research and Certification Section of the U.S. Copyright Office pursuant to 37
CFR 201.2, and payment of the appropriate fee pursuant to 37 CFR
201.3, the Board will certify the official record of a proceeding.
12. Part 230 is added to read as follows:

Sec.
230.1
230.2
230.3
230.4
230.5

argument made to the Board as part of the proceeding but shall be specific as to the purported error or technical mistake that is the subject of the request.

Determination.

After the filing of response papers or after the time for a party opposing the request for reconsideration to file a response has elapsed, the Board shall consider the request and any response and shall either deny the request for reconsideration or issue an amended final determination. The Board will base its decision on the partys written submissions.
13. Part 231 is added to read as follows:
PART 231REGISTERS REVIEW
Sec.
231.1
231.2
231.3
231.4
231.5
231.6

General.
Request for Registers review.
Response to request.
No new evidence.
Standard of review.
Determination.

Authority: 17 U.S.C. 702, 1510.
231.1

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Request for Registers review.

A party may not file for review of the Boards final determination by the Register of Copyrights unless it has first filed, and had denied, a request for reconsideration. Where the Board has denied a request for reconsideration, the party who requested reconsideration may request review of the final determination by the Register of Copyrights. Such a request must be filed within 30 days of the denial of a request for reconsideration and shall be no more than 15 doubled-spaced pages in 12point font or larger, for both body text and footnotes, with at least one-inch margins on the top, bottom, left, and right of each page. The request must include the reasons the party believes there was an abuse of discretion in denying the request for reconsideration.
The request must be accompanied by the filing fee set forth in 37 CFR
201.3g.
231.3

Response to request.

A party opposing the request for review may file a response to the request for review within 21 days of the date of service of the request. Such response shall be no more than 15
double-spaced pages in 12-point font or larger, for both body text and footnotes, with at least one-inch margins on the top, bottom, left, and right of each page.
The request must include the reasons the party believes there was no abuse of discretion in denying the request for reconsideration. No reply filings shall be permitted.
231.4

No new evidence.

Evidence that was not previously submitted to the Board as part of written testimony or at a hearing or in response to a specific request for evidence from the Board shall not be submitted as part of a request for review or a response to a request for review.
231.5

Standard of review.

The Registers review shall be limited to consideration of whether the Board abused its discretion in denying reconsideration of the determination.
231.6

General.

This part prescribes rules pertaining to procedures for review by the Register of Copyrights of a final determination by the Copyright Claims Board Board.
A party whose request for reconsideration has been denied under 37 CFR 230.5 may seek review of the final determination by the Register of Copyrights not later than 30 days after a request for reconsideration has been denied in whole or in part.

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231.2

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Determination.

After the filing of response papers or after the time for a party opposing the request for review to file a response has elapsed, the Register shall consider the request and any response and shall either deny the request for review or remand the proceeding to the Board for reconsideration of issues specified in the remand and for issuance of an amended final determination. The Register will base such a decision on the partys written submissions.

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