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Federal Register / Vol. 86, No. 186 / Wednesday, September 29, 2021 / Proposed Rules Proposed Amendments to the Regulations Accordingly, 26 CFR part 300 is proposed to be amended as follows:
PART 300USER FEES
Paragraph 1.The authority citation for part 300 continues to read as follows:

Authority: 31 U.S.C. 9701.
300.0

Amended
Par. 2. Section 300.0 is amended by removing paragraph b9 and redesignating paragraphs b10 through 12 as paragraphs b9 through 11.
Par. 3. Section 300.4 is amended by revising paragraphs b and d to read as follows:

300.4 Enrolled agent special enrollment examination fee.

b Fee. The fee for taking the enrolled agent special enrollment examination is $99 per part, which is the cost to the government for overseeing the development and administration of the examination and is in addition to the fees charged by the administrator of the examination.

d Applicability date. This section applies to registrations for the enrolled agent special enrollment examination that occur on or after DATE 30 DAYS
AFTER PUBLICATION OF THE FINAL
RULE IN THE Federal Register.

300.9

Removed
Par. 4. Section 300.9 is removed.

300.10 through 300.12 Redesignated as 300.09 through 300.11

Par. 5. Redesignate 300.10 through 300.12 as 300.09 through 300.11.

Douglas W. ODonnell, Deputy Commissioner for Services and Enforcement.

I. Background On December 27, 2020, the President signed into law the Copyright Alternative in Small-Claims Enforcement CASE Act of 2020.1
The CASE Act directs the Copyright Office to establish the Copyright Claims Board CCB or Board, a voluntary, alternative forum to federal court for parties to seek resolution of copyright disputes that have a low economic value small copyright claims.2 The CCBs
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LIBRARY OF CONGRESS
Copyright Office
lotter on DSK11XQN23PROD with PROPOSALS1

37 CFR Parts 201, 220, 222, 223, and 224
Docket No. 20216

Copyright Claims Board: Initiation of Proceedings and Related Procedures U.S. Copyright Office, Library of Congress.
ACTION: Notice of proposed rulemaking.
AGENCY:

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The U.S. Copyright Office is issuing a notice of proposed rulemaking to establish procedures governing the initial stages of a proceeding before the Copyright Claims Board. The proposed rule provides requirements regarding the filing of a claim, the Boards compliance review of the claim, service, issuance of notice of the claim, the respondents opt-out election, responses, and counterclaims. The Office intends to initiate subsequent rulemakings regarding additional procedures.
DATES: Initial written comments must be received no later than 11:59 p.m.
Eastern Time on October 29, 2021.
Written reply comments must be received no later than 11:59 p.m.
Eastern Time on November 15, 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 http
copyright.gov/rulemaking/case-actimplementation/initiating-proceedings/.
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.
FOR FURTHER INFORMATION CONTACT:
Kevin R. Amer, Acting General Counsel and Associate Register of Copyrights, by email at kamer@copyright.gov, or Whitney Levandusky, Supervisory Attorney-Advisor, by email at wlev@
copyright.gov. Both can be reached by telephone at 2027078350.
SUPPLEMENTARY INFORMATION:
SUMMARY:

1 Public Law 116260, sec. 212, 134 Stat. 1182, 2176 2020.
2 See, e.g., H.R. Rep. No. 116252, at 1820
2019; S. Rep. No. 116105, at 78 2019. Note, the CASE Act legislative history cited is for H.R. 2426
and S. 1273, the CASE Act of 2019, a bill nearly identical to the CASE Act of 2020. See H.R. 2426, 116th Cong. 2019; S. 1273, 116th Cong. 2019. In
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creation does not displace or limit a partys ability to bring small copyright claims in federal court, but rather provides a more accessible alternative forum to decide those claims.3 The CCB
has authority to hear copyright infringement claims, claims seeking a declaration of noninfringement, and misrepresentation claims under section 512f of title 17.4 Participation in the CCB is voluntary for all parties,5 and all determinations are non-precedential.6
On March 26, 2021, the Copyright Office published a notification of inquiry NOI inviting public comment on various aspects of the CCBs operations, which the Office noted would be established through a series of rulemakings.7 Congress directed that the CCB begin operations by December 27, 2021, though the Register may for good cause extend that deadline by not more than 180 days.8
The CASE Act directs the Register of Copyrights to establish the regulations by which the CCB will conduct its proceedings, subject to the provisions of chapter 15 and relevant principles of law under title 17.9 In this notice, the Office proposes procedures related to the filing of a claim, the CCBs subsequent review of the claim to ensure that it complies with statutory requirements and the Offices regulations referred to in this rulemaking as the CCBs compliance review, service, issuance of notice of the claim, the respondents opt-out election, responses, and counterclaims.
The Office will issue proposed rules developing the CASE Act, Congress drew on model legislation in the Offices 2013 policy report, Copyright Small Claims, https www.copyright.gov/
docs/smallclaims/usco-smallcopyrightclaims.pdf.
Congress also incorporated the Offices report and supporting materials into the statutes legislative history. H.R. Rep. No. 116252, at 19; S. Rep. No.
116105, at 2.
3 H.R. Rep. No. 116252, at 17; S. Rep. No. 116
105, at 23, 9.
4 17 U.S.C. 1504c13. The CCB cannot issue injunctive relief, but can require that an infringing party cease or mitigate its infringing activity in the event such party agrees and the agreement is reflected in the proceedings record. Id. at 1504e2Ai, e2B. This provision also applies to parties making knowing material misrepresentations under section 512f. Id. at 1504e2Aii.
5 See id. at 1504a; H.R. Rep. No. 116252, at 17, 21; S. Rep. No. 116105, at 3, 11.
6 H.R. Rep. No. 116252, at 2122, 33; S. Rep. No.
116105, at 14.
7 86 FR 16156 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.
8 Public Law 116260, sec. 212d, 134 Stat. at 2199.
9 17 U.S.C. 1506a1.

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