You are on page 1of 3

Federal Register / Vol. 71, No.

81 / Thursday, April 27, 2006 / Proposed Rules 24829

including reporting under 34 CFR 80.12 LIBRARY OF CONGRESS in sections 111 and 119 of the Copyright
(Special grant or subgrant conditions for Act, title 17 of the United States Code,
‘‘high-risk’’ grantees) or 34 CFR 80.20 Copyright Office respectively, are required to pay royalty
(Standards for financial management fees to the Copyright Office. The
systems). 37 CFR Part 201 Copyright Office also receives statutory
(c)(1) A State must submit these fees from manufacturers and importers
[Docket No. 2006–2]
reports in the manner prescribed by the of digital audio recording devices and
Secretary, including submitting any of Electronic Payment of Royalties media who distribute these products in
these reports electronically and at the the United States. 17 U.S.C. chapter 10.
quality level specified in the data AGENCY: Copyright Office, Library of Payments made under the cable and
collection instrument. Congress. satellite carrier statutory licenses are
(2) Failure by a State to submit reports ACTION: Notice of proposed rulemaking. remitted semiannually to the Copyright
in accordance with paragraph (c)(1) of Office. Payments made under the Audio
this section constitutes a failure, under SUMMARY: The Copyright Office is Home Recording Act of 1992 are made
section 454 of the General Education proposing to amend its rules governing quarterly. The Copyright Office invests
Provisions Act, 20 U.S.C. 1234c, to the submission of royalty fees to the the royalties in United States Treasury
comply substantially with a requirement Copyright Office to require such securities pending distribution of these
of law applicable to the funds made payments to be made by electronic funds to those copyright owners who
available under that program. funds transfer. are entitled to receive a share of the fees.
(3) For reports that the Secretary DATES: Written comments are due June The current Copyright Office
requires to be submitted in an electronic 12, 2006. Reply comments are due July regulations permit payment by three
manner, the Secretary may establish a 11, 2006. different methods: electronic funds
transition period of up to two years ADDRESSES: If hand delivered by a transfer (‘‘EFT’’), certified or cashier’s
following the date the State otherwise private party, an original and five copies check, or money order. 37 CFR 201.11
would be required to report the data in of a comment or reply comment should (f), (g) and (h); 37 CFR 201.17 (i) and (j);
the electronic manner, during which be brought to Room LM–401 of the and 37 CFR 201.28 (e). A mechanism for
time a State will not be required to James Madison Memorial Building electronic payments was added in 1991,
comply with that specific electronic between 8:30 a.m. and 5 p.m. and the since it was thought that use of
submission requirement, if the State envelope should be addressed as electronic payments would facilitate the
submits to the Secretary— follows: Office of the General Counsel, process and lessen the administrative
(i) Evidence satisfactory to the U.S. Copyright Office, James Madison burden on the Office and on the filer.
Secretary that the State will not be able Memorial Building, Room LM–401, 101 See 56 FR 29588 (June 28, 1991). An
to comply with the electronic Independence Avenue, SE, Washington, electronic payment option provides
submission requirement specified by the DC 20559–6000. If delivered by a advantages to the payor and the
Secretary in the data collection commercial courier, an original and five Copyright Office as the agency
instrument on the first date the State copies of a comment or reply comment responsible for the collection and
otherwise would be required to report must be delivered to the Congressional distribution of the royalty fees. EFTs can
the data electronically; Courier Acceptance Site located at 2nd be transmitted either as an Automated
(ii) Information requested in the and D Streets, NE, between 8:30 a.m. Clearing House (‘‘ACH’’) credit or a
report through an alternative means that and 4 p.m. The envelope should be Fedwire (‘‘Wire’’) transaction depending
is acceptable to the Secretary, such as addressed as follows: Office of the upon how you arrange the transfer
through an alternative electronic means; General Counsel, Room LM–403, James through your financial institution, or as
and Madison Memorial Building, 101 an ACH debit by using the U. S.
(iii) A plan for submitting the reports Independence Avenue, SE, Washington, Department of the Treasury, Financial
in the required electronic manner and at DC. If sent by mail (including overnight Management Service’s web based
the level of quality specified in the data delivery using U.S. Postal Service remittance system, Pay.gov. In an ACH
collection instrument no later than the Express Mail), an original and five credit, your financial institution sends
date two years after the first date the copies of a comment or reply comment the remittance to the U. S. Treasury;
State otherwise would be required to should be addressed to U.S. Copyright whereas, in an ACH debit, you authorize
report the data in the electronic manner Office, Copyright GC/I&R, P.O. Box the U. S. Treasury to take the funds out
prescribed by the Secretary. 70400, Southwest Station, Washington, of the account at your financial
(Authority: 20 U.S.C. 1221e–3, 1231a, and DC 20024. Comments and reply institution.
3474) Use of an electronic payment option
comments may not be delivered by
offers specific advantages over payment
3. Section 76.722 is revised to read as means of overnight delivery services
via a check or money order. First, the
follows: such as Federal Express, United Parcel remitters gain more time to transfer
Service, etc., due to delays in processing funds without fear of incurring interest
§ 76.722 Subgrantee reporting receipt of such deliveries.
requirements. assessments for late payments. In the
FOR FURTHER INFORMATION CONTACT: case of a Wire transaction, the remitter
A State may require a subgrantee to
Tanya M. Sandros, Associate General may make a payment up until and
submit reports in a manner and format
Counsel, Copyright GC/I&R, P.O. Box including the due date (provided the
that assists the State in complying with
70400, Southwest Station, Washington, financial institution is open that day
the requirements under 34 CFR 76.720
DC 20024. Telephone: (202) 707–8380.
rmajette on PROD1PC67 with PROPOSALS1

and in carrying out other and is still processing wire transfers),


Telefax: (202) 707–8366. whereas an ACH transaction requires
responsibilities under the program.
SUPPLEMENTARY INFORMATION: Cable more time. It must be completed one or
(Authority: 20 U.S.C. 1221e–3, 1231a, and systems and satellite carriers that two banking days before the due date to
3474)
retransmit broadcast signals in ensure interest for late payments are not
[FR Doc. E6–6355 Filed 4–26–06; 8:45 am] accordance with the provisions assessed. Second, electronic payments
BILLING CODE 4000–01–P governing the statutory licenses set forth avoid the problems associated with lost

VerDate Aug<31>2005 12:41 Apr 26, 2006 Jkt 208001 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1
24830 Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Proposed Rules

checks or delays in processing mail. the information needed to match the create a financial or other hardship for
Third, copyright owners, the ultimate EFT with the appropriate Statements of the remitter.
recipients of the funds, accrue more Account.
Currently, the Office requests similar List of Subjects in 37 CFR Part 201
interest on the funds because the
monies go directly to the Department of identifying and linking information, but Copyright.
the Treasury instead of being diverted to in many cases the information is wholly
Proposed Regulations
the Copyright Office for processing first. or partially omitted. In these cases,
And finally, the Copyright Office Office staff must tediously search For the reasons set forth in the
benefits from the use of the electronic through the bundles of statements of preamble, part 201 of title 37 of the
payment option because it lessens the account submitted in an effort to match Code of Federal Regulations is proposed
Office’s administrative workload by the correct statements with a payment. to be amended as follows:
reducing paperwork and related Considerable efforts have been made to
administrative costs. contact remitters and advise them of PART 201—GENERAL PROVISIONS
Currently, electronic funds transfers these errors and omissions. Failure to 1. The authority citation for part 201
(EFTs) are used primarily by the larger provide this information creates delays continues to read as follows:
cable systems and account for more than in processing and undercuts the
Authority: 17 U.S.C. 702.
95% of the royalty fees collected by the advantages gained by submitting an
2. Amend § 201.11 to revise paragraph
Office, whereas smaller systems tend to electronic payment. Because of the
(f) to read as follows:
still send checks through the mail. As a burden imposed upon the Office in
result, the Office still receives a attempting to process payments which § 201.11 Satellite carrier statements of
relatively high number of checks and lack sufficient identifying information, account covering statutory licenses for
other paper remittances for a the proposed rules would allow the secondary transmissions.≤
disproportionately small amount of the Office to return any EFT which fails to * * * * *
royalty fees. Consequently, the Office is properly identify statements to which (f) Royalty fee payment. (1) All royalty
taking steps to increase further the they relate and would require the fees shall be paid by a single electronic
number of payments made by EFTs by remitter to resubmit the EFT correctly. funds transfer and payment must be
amending its rules to require remitters Should this occur, the remitter will then received in the designated bank by the
to use an EFT when making royalty fee be responsible for any assessed interest filing deadline for the relevant
payments. charge that accrues as a result of a late accounting period. The following
In addition, the proposed rules would payment. information shall be provided as part of
require that parties submit specific Also, the rules would require that the EFT and/or as part of the remittance
identifying and linking information as ‘‘remittance advice’’ information be advice as provided for in circulars
part of the EFT and/or as part of a included with the statements of account issued by the Copyright Office:
‘‘remittance advice’’ which will in order to accurately identify what is (i) Remitter’s name and address;
accompany the Statement(s) of Account submitted and how the fees are to be (ii) Name of a contact person,
and be faxed or emailed to the Licensing allocated among the statements. telephone number and extension, and
Division. This information would The Office is further amending its email address;
include: (1) the remitter’s name and regulations to include a waiver (iii) The actual or anticipated date
address; (2) the name of a contact provision in cases where there may be that the EFT will be transmitted;
person, telephone number and circumstances which would make it (iv) Type of royalty payment (i.e.
extension, and email address; (3) the virtually impossible for a remitter to use satellite);
actual or anticipated date that the EFT the electronic payment option or would (v) Total amount submitted via the
will be transmitted; (4) the type of work a financial or other hardship. EFT;
royalty payment (i.e., cable, satellite, or Requests for a waiver must include a (vi) Total amount to be paid by year
DART); (5) the total amount to be statement setting forth the reasons why and period;
submitted via an EFT; (6) the total the waiver should be granted and the (vii) Number of statements of account
amount to be paid by year and period; statement must be signed by a duly that the EFT covers;
(7) the number of statements of account authorized representative of the entity (viii) ID numbers assigned by the
that the EFT covers; (8) ID number(s) making the payment, certifying that the Licensing Division;
assigned by the Licensing Division; (9) information provided is true and (ix) Legal name of the owner for each
the legal name of the owner for each correct. Statement of Account.
Statement of Account; and (10) (2) The remittance advice shall be
Regulatory Flexibility Act Statement attached to the Statement(s) of Account.
identification of the first community
served (city and state) (for cable systems Although the Copyright Office, as a In addition, a copy of the remittance
only). The information to be sent as part department of the Library of Congress advice shall be emailed or sent by
of the EFT and the information that and part of the Legislative Branch, it is facsimile to the Licensing Division.
needs to be included in the remittance not an ‘‘agency’’ subject to the (3) A remitter may request a waiver
advice will be detailed in circulars Regulatory Flexibility Act, 5 U.S.C. 601– from the requirement for payment by
issued by the Copyright Office with 612, the Register of Copyrights has electronic funds transfer as set forth in
respect to a specific type of EFT. considered the effect of the proposed paragraph (1) of this section. To obtain
Frequently, with multiple filings and amendment on small businesses. The a waiver, the remitter shall submit to the
a single payment to cover them all, Register has determined that the Licensing Division at least 60 days prior
Office staff find that an overpayment or amendments would not have a to the royalty fee due date a certified
rmajette on PROD1PC67 with PROPOSALS1

underpayment of the fee results after significant economic impact on a statement setting forth the reasons
they have apportioned the fee to each substantial number of small businesses explaining why payment by an
statement based on the amount because they may request a waiver from electronic funds transfer would impose
indicated therein. The ‘‘remittance the requirement to submit payment via a financial or other hardship on the
advice’’ form helps avoid this type of an electronic funds transfer in the event remitter. The certification must be
problem by providing the Office with compliance with the requirement would signed by a duly authorized

VerDate Aug<31>2005 12:41 Apr 26, 2006 Jkt 208001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1
Federal Register / Vol. 71, No. 81 / Thursday, April 27, 2006 / Proposed Rules 24831

representative of the entity making the a. By revising paragraph (e)(3)(ii); reasons explaining why payment by an
payment. A waiver shall cover only a b. By redesignating § § 201.28(h) electronic funds transfer would be
single payment period. Failure to obtain through (l) as § § 201.28(i) through (m) virtually impossible or, alternatively,
a waiver may result in the remittance respectively, and adding a new why it would impose a financial or
being returned to the remitter. § 201.28(h); other hardship on the remitter. The
* * * * * c. By amending newly redesignated certification must be signed by a duly
3. Amend § 201.17 to revise paragraph § 201.28(j)(1)(ii) to remove ‘‘(i)(2)’’ and authorized representative of the entity
(i)(1) to read as follows: add in its place ‘‘(j)(2)’’ making the payment. A waiver shall
d. By amending newly redesignated cover only a single payment period.
§ 201.17 Statements of Account covering § 201.28(j)(3)(i) to remove ‘‘(i)(3)’’ and Failure to obtain a waiver may result in
compulsory licenses for secondary add in its place ‘‘(j)(3)’’ the remittance being returned to the
transmissions by cable systems. e. By amending newly redesignated remitter.
* * * * * § 201.28(j)(3)(vi) to remove ‘‘(i)’’ and * * * * *
(i) Royalty fee payment. (1) All royalty add in its place ‘‘(j)’’.
fees must be paid by a single electronic The additions and revisions to Dated: April 20, 2006.
funds transfer, and must be received in § 201.28 read as follows: Tanya M. Sandros,
the designated bank by the filing Associate General Counsel.
deadline for the relevant accounting § 201.28 Statements of Account for digital [FR Doc. E6–6186 Filed 4–26–06; 8:45 am]
period. The following information must media audio recording devices or media.
BILLING CODE 1410–33–S
be provided as part of the EFT and/or * * * * *
as part of the remittance advice as (e) * * *
provided for in circulars issued by the (3) * * *
ENVIRONMENTAL PROTECTION
Copyright Office: (ii) The amount of the royalty
AGENCY
(i) Remitter’s name and address; payment shall be calculated in
(ii) Name of a contact person, accordance with the instructions 40 CFR Part 52
telephone number and extension, and specified in the quarterly Statement of
Account form. Payment shall be made [EPA–R03–OAR–2006–0279; FRL–8162–7]
email address;
(iii) The actual or anticipated date as specified in section 201.28(h).
Approval and Promulgation of Air
that the EFT will be transmitted; * * * * * Quality Implementation Plans;
(iv) Type of royalty payment (i.e. (h) Royalty fee payment. (1) All Pennsylvania; VOC and NOX RACT
cable); royalty fees must be paid by a single Determinations for Eight Individual
(v) Total amount submitted via the electronic funds transfer, and must be Sources
EFT; received in the designated bank by the
(vi) Total amount to be paid by year filing deadline for the relevant AGENCY: Environmental Protection
and period; accounting period. The following Agency (EPA).
(vii) Number of statements of account information must be provided as part of ACTION: Proposed rule.
that the EFT covers; the EFT and/or as part of the remittance
(viii) ID numbers assigned by the advice as provided for in circulars SUMMARY: EPA proposes to approve
Licensing Division; issued by the Copyright Office: revisions to the Pennsylvania State
(ix) Legal name of the owner for each (i) Remitter’s name and address; Implementation Plan (SIP). The
Statement of Account; (ii) Name of a contact person, revisions were submitted by the
(x) Identification of the first telephone number and extension, and Pennsylvania Department of
community served (city and state). email address; Environmental Protection (PADEP) to
(2) The remittance advice shall be (iii) The actual or anticipated date establish and require reasonably
attached to the Statement(s) of Account. that the EFT will be transmitted; available control technology (RACT) for
In addition, a copy of the remittance (iv) Type of royalty payment (i.e. eight major sources of volatile organic
advice shall be emailed or sent by DART); compounds (VOC) and nitrogen oxides
facsimile to the Licensing Division. (v) Total amount submitted via the (NOX) pursuant to the Commonwealth
(3) The Office may waive the EFT; of Pennsylvania’s (Pennsylvania or the
requirement for payment by electronic (vi) Total amount to be paid by year Commonwealth) SIP-approved generic
funds transfer as set forth in paragraph and period; RACT regulations. EPA is proposing to
(1)(i) of this section. At least 60 days (vii) Number of statements of account approve these revisions in accordance
prior to the royalty fee due date, the that the EFT covers; with the Clean Air Act (CAA).
remitter shall submit to the Licensing (viii) ID numbers assigned by the DATES: Written comments must be
Division a certified statement setting Licensing Division; received on or before May 30, 2006.
forth the reasons explaining why (ix) Legal name of the owner for each ADDRESSES: Submit your comments,
payment by an electronic funds transfer Statement of Account. identified by Docket ID Number EPA–
would be virtually impossible or, (2) The remittance advice shall be R03–OAR–2006–0279 by one of the
alternatively, why it would impose a attached to the Statement(s) of Account. following methods:
financial or other hardship on the In addition, a copy of the remittance A. http://www.regulations.gov. Follow
remitter. The statement must be signed advice shall be emailed or sent by the on-line instructions for submitting
by a duly authorized representative of facsimile to the Licensing Division. comments.
the entity making the payment. A (3) The Office may waive the
rmajette on PROD1PC67 with PROPOSALS1

B. E-mail: morris.makeba@epa.gov.
waiver shall cover only a single requirement for payment by electronic C. Mail: EPA–R03–OAR–2006–0279,
payment period. Failure to obtain a funds transfer as set forth in paragraph Makeba Morris, Chief, Air Quality
waiver may result in the remittance (1) of this section. At least 60 days prior Planning Branch, Mailcode 3AP21, U.S.
being returned to the remitter. to the royalty fee due date, the remitter Environmental Protection Agency,
* * * * * shall submit to the Licensing Division a Region III, 1650 Arch Street,
4. Amend § 201.28 as follows: certified statement setting forth the Philadelphia, Pennsylvania 19103.

VerDate Aug<31>2005 12:41 Apr 26, 2006 Jkt 208001 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\27APP1.SGM 27APP1