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9229Federal Register / Vol. 76, No. 33 / Thursday, February 17, 2011 / Rules and Regulations

procedures; and related managementsystems practices) that are developed oradopted by voluntary consensusstandards bodies.

This rule does not use technicalstandards. Therefore, we did notconsider the use of voluntary consensusstandards.

EnvironmentWe have analyzed this rule under

Department of Homeland SecurityManagement Directive 02301 andCommandant Instruction M16475.lD,which guide the Coast Guard incomplying with the NationalEnvironmental Policy Act of 1969(NEPA) (42 U.S.C. 43214370f), andhave concluded this action is one of acategory of actions which do notindividually or cumulatively have asignificant effect on the humanenvironment. This rule is categoricallyexcluded, under figure 21, paragraph

(34)(g), of the Instruction. This ruleinvolves the establishment of a safetyzone.

An environmental analysis checklistand a categorical exclusiondetermination are available in thedocket where indicated underADDRESSES.

List of Subjects in 33 CFR Part 165

Harbors, Marine safety, Navigation(water), Reporting and recordkeepingrequirements, Security measures,Waterways.

For the reasons discussed in the

preamble, the Coast Guard amends 33CFR part 165 as follows:

PART 165REGULATED NAVIGATIONAREAS AND LIMITED ACCESS AREAS

1. The authority citation for part 165continues to read as follows:

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C.Chapter 701, 3306, 3703; 50 U.S.C. 191, 195;33 CFR 1.051, 6.041, 6.046, 160.5; Pub. L.107295, 116 Stat. 2064; Department ofHomeland Security Delegation No. 0170.1.

2. Add 165.T11392 to read asfollows:

165.T11392 Safety Zone; HavasuLanding Regatta, Colorado River, LakeHavasu Landing, CA.

(a) Location. The limits of the safetyzone will be the navigable waters ofLake Havasu bounded by the followingcoordinates: from the Californiashoreline in position 3429.40 N11424.12 W to the northern corner 900yards east in position 3429.40 N11423.39 W to the southern corner1,400 yards south in position 3429.0 N11423.39 W to the California shorelinein position 3429.0 N 11424.12 W.

(b) Enforcement Period. This sectionwill be in effect from 8 a.m. on February19th to 4 p.m. on February 20, 2011. Itwill be enforced from 8 a.m. to 4 p.m.each day (February 19, 2011 andFebruary 20, 2011). If the eventconcludes prior to the scheduledtermination time, the Captain of the Portwill cease enforcement of this safety

zone and will announce that fact viaBroadcast Notice to Mariners.

(c) Definitions. The followingdefinition applies to this section:Designated representative, means anycommissioned, warrant, or petty officerof the Coast Guard on board CoastGuard, Coast Guard Auxiliary, andlocal, state, and federal law enforcementvessels who have been authorized to acton the behalf of the Captain of the Port.

(d) Regulations. (1) Entry into, transitthrough or anchoring within this safetyzone is prohibited unless authorized bythe Captain of the Port of San Diego or

his designated representative.(2) Mariners requesting permission totransit through the safety zone mayrequest authorization to do so from thePatrol Commander (PATCOM). ThePATCOM may be contacted on VHFFMChannel 16.

(3) All persons and vessels shallcomply with the instructions of theCoast Guard Captain of the Port or hisdesignated representative.

(4) Upon being hailed by U.S. CoastGuard patrol personnel by siren, radio,flashing light, or other means, theoperator of a vessel shall proceed as

directed.(5) The Coast Guard may be assistedby other federal, state, or local agencies.

Dated: February 3, 2011.

T.H. Farris,

Captain, U.S. Coast Guard, Captain of thePort San Diego.

[FR Doc. 20113566 Filed 21611; 8:45 am]

BILLING CODE 911004P

LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201[Docket No. RM 20094]

Administration of Copyright OfficeDeposit Accounts

AGENCY: Copyright Office, Library ofCongress.

ACTION: Final rule.

SUMMARY: The Copyright Office isamending its regulations to set theminimum level of activity required tohold a deposit account at 12

transactions per year; require depositaccount holders to maintain a minimum

balance in that account; require theclosure of a deposit account the secondtime it is overdrawn within any 12-month period; and offer deposit accountholders the option of automaticreplenishment of their account via their

bank account or credit card.

DATES: Effective Date: May 1, 2011.FOR FURTHER INFORMATION CONTACT:Tanya Sandros, Deputy General Counselor Chris Weston, Attorney Advisor.Copyright GC/I&R, P.O. Box 70400,Washington, DC 20024. Telephone:(202) 7078380. Telefax: (202) 7078366. All prior Federal Register noticesand public comments in this docket areavailable at http://www.copyright.gov/docs/deposit-acct/eservice/.

SUPPLEMENTARY INFORMATION:

Deposit Account Background

The Copyright Office maintains a

system of deposit accounts for thosewho frequently use its services. Anindividual or entity may establish adeposit account, make advance depositsinto that account, and charge copyrightfees against the balance instead ofsending separate payments withapplications and other requests forservices. This process has proven to bemore efficient and less expensive for

both the Office and the applicant thansending separate payments to theCopyright Office for each application forregistration or for other services.

The goal of this Final Rule is to solve

the problems associated with thesuspension of paper registrationapplications for lack of deposit accountfunds. As explained in the October 8,2010 Federal Register Notice ofProposed Rulemaking (75 FR 62345),when the deposit account being used forpayment has insufficient funds toprocess a paper application, theCopyright Office suspends processing ofthe application to notify the accountholder that replenishment of theaccount is needed, and places thepending application and associateddeposit copies in temporary storage. The

suspended applications, which maynumber 3,000 or more at any one time,must be reviewed regularly by Officestaff to locate those that are newlyfunded and reprocess them. Thus,insufficient deposit account fundingeffectively doublesat a minimumthetime Office staff must spend processingan application, time that wouldotherwise be more profitably spent onprocessing properly filed claims.

On average, one to three percent ofpaper applications for registration aresuspended each year due to lack of

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http://www.copyright.gov/docs/deposit-acct/eservice/http://www.copyright.gov/docs/deposit-acct/eservice/http://www.copyright.gov/docs/deposit-acct/eservice/http://www.copyright.gov/docs/deposit-acct/eservice/

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practice will only affect deposit accountholders who use paper applications,

because eService will not allow anapplication to be submitted withoutsufficient funds.

However, a deposit account holderwhose account is closed because it has

been overdrawn twice is not foreclosedfrom using a deposit account in the

future. The deposit account holder mayre-open the closed account on thecondition that it is funded through theautomatic replenishment option. Thisrequirement is to protect the accountholder from the risk of overdrawingagain and to protect the CopyrightOffice from the expense of handlingsuspended applications in the future.

3. Voluntary Automatic Replenishment

The Copyright Office will offer avoluntary automatic replenishmentprogram to all deposit account holders.Under this program, the deposit accountholder may provide pre-authorization tothe Copyright Office to replenish theaccount from the account holders creditcard or bank account. Replenishmentwill take place when the depositaccount goes below its minimum

balance, at which time the Office willimmediately notify the account holderthat the account has fallen below theminimal balance and that the accountwill be replenished in accordance withthe automatic replenishment agreement.The account holder will determine theamount of replenishment at the time theaccount holder enters the program.

Comments Received in Response toQuestion Regarding the ContinuedAvailability of Deposit Accounts

In its July 15th, 2009 NPRM, theCopyright Office sought publiccomment on whether it should ceaseoffering deposit accounts altogether. Itnoted that, in an era when paperapplications and payment via checkwere the norm, a separate, simplifieddeposit account system presentedattractive efficiencies to frequentapplicants and to the Office. It alsopointed out that in an era of electronicregistration and payment via corporate

or other credit cards, the administrativecosts of maintaining a separate depositaccount system are no longer clearlyoffset by its advantages; hence, thereason for the Offices inquiryconcerning abolition of the depositaccount system.

Three of the four commenters whoaddressed this question argued thateliminating deposit accounts would beharmful. Thus, the Copyright Officeacknowledged in its October 8, 2010notice that deposit accounts remain auseful and efficient option for copyright

owners who frequently use its services,including, but not limited to,registration, and announced that it willcontinue to offer deposit accounts forthe foreseeable future, reserving itsprerogative to revisit the question oftheir utility and cost to the Office at alater time.

At this time, the Office also notes that

the change in policy for administeringDeposit Accounts will increase theeffectiveness and efficiency of thesystem for the Office and eliminate mostof the problems that generated theinitial questions. Hence, in light of thecomments from the rights-holders andthe new amendments announced today,the Office will continue to offer DepositAccounts.

List of Subjects in 37 CFR Part 201

Copyright, General provisions.

Final Regulation

In consideration of the foregoing, theCopyright Office amends 37 CFR Ch. IIas follows:

PART 201GENERAL PROVISIONS

1. The authority citation for part 201continues to read as follows:

Authority: 17 U.S.C. 702, 708(c).

2. In 201.6, revise paragraph (b) toread as follows:

201.6 Payment and refund of CopyrightOffice fees.

* * * * *(b) Deposit accounts. (1) Persons or

firms having 12 or more transactions ayear with the Copyright Office mayprepay copyright expenses byestablishing a Deposit Account. TheOffice and the Deposit Account holderwill cooperatively determine anappropriate minimum balance for theDeposit Account which, in no case, can

be less than $450, and the Office willautomatically notify the DepositAccount holder when the account goes

below that balance.(2) The Copyright Office will close a

Deposit Account the second time theDeposit Account holder overdraws his

or her account within any 12-monthperiod. An account closed for thisreason can be re-opened only if theholder elects to fund it throughautomatic replenishment.

(3) In order to ensure that a DepositAccounts funds are sufficientlymaintained, a Deposit Account holdermay authorize the Copyright Office toautomatically replenish the accountfrom the holders bank account or creditcard. The amount by which a DepositAccount will be replenished will bedetermined by the deposit account

holder. Automatic replenishment willbe triggered when the Deposit Accountgoes below the minimum level offunding established pursuant toparagraph (b)(1) of this section, andDeposit Account holders will beautomatically notified that theiraccounts will be replenished. Fundingthrough automatic replenishment is

required if a Deposit Account holder,who has had an account closed becauseit has been overdrawn twice within any12 month period, wishes to re-open theaccount.

* * * * *

Dated: February 7, 2011.

Maria Pallante,

Acting Register of Copyrights.

Approved by

James H. Billington,

The Librarian of Congress.

[FR Doc. 20113598 Filed 21611; 8:45 am]

BILLING CODE 141030P

POSTAL SERVICE

39 CFR Part 111

New Customs Declarations LabelRequirements

AGENCY: Postal ServiceTM.

ACTION: Final rule.

SUMMARY: The Postal Service is revisingthe Mailing Standards of the UnitedStates Postal Service, Domestic MailManual (DMM) 608.2.4 to require all

mailpieces containing goods that enterthe Customs Territory of the UnitedStates (CTUS), from outside the CTUS,to bear a customs declaration label.Additionally, the Postal Service updatesthe standards for items weighing 16ounces or more when sent to, from, or

between, and in some circumstances,within certain U.S. territories,possessions, and Freely AssociatedStates.

DATES: Effective Date:June 6, 2011.

FOR FURTHER INFORMATION CONTACT: RickKlutts at 8138770372.

SUPPLEMENTARY INFORMATION:Consistentwith the Code of Federal Regulations,

Title 19, Part 145U.S. Customs andBorder Protection, Department ofHomeland Security, the Postal Servicewill require that all mailpiecescontaining goods that enter the CTUS,from outside the CTUS, to bear acustoms declaration label. In addition,to ensure compliance with safety andsecurity requirements of the UnitedStates Postal Inspection Service, weare updating our standards for itemsweighing 16 ounces or more (regardless

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