81 FR 33153 - Designation of Agent To Receive Notification of Claimed Infringement
LIBRARY OF CONGRESS
Copyright Office Federal Register Volume 81, Issue 101 (May 25, 2016)
Copyright Office
Federal Register Volume 81, Issue 101 (May 25, 2016)
| Page Range | 33153-33155 | |
| FR Document | 2016-12227 |
[Federal Register Volume 81, Number 101 (Wednesday, May 25, 2016)] [Proposed Rules] [Pages 33153-33155] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-12227] ======================================================================== Proposed Rules Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains notices to the public of the proposed issuance of rules and regulations. The purpose of these notices is to give interested persons an opportunity to participate in the rule making prior to the adoption of the final rules. ======================================================================== Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules [[Page 33153]] LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. RM 2011-6] Designation of Agent To Receive Notification of Claimed Infringement AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Notice of proposed rulemaking and request for comments. ----------------------------------------------------------------------- SUMMARY: Under the Digital Millennium Copyright Act (``DMCA''), the U.S. Copyright Office is required to maintain a current directory of agents that have been designated by online service providers to receive notifications of claimed infringement. Since the DMCA's enactment in 1998, online service providers have used a paper form to designate agents with the Copyright Office, and the Office has made scanned copies of those paper forms available to the public by posting them on the Office's Web site. In 2011, the Copyright Office issued a notice proposing updated regulations governing the designation of agents under the DMCA in anticipation of the creation of a new online system though which service providers could more efficiently designate agents with the Copyright Office and the public could more easily search for such agents. With the development of this electronic system approaching completion, this notice proposes an amendment of the Office's regulations to lower the fee for designating an agent under the DMCA. DATES: Written comments must be received no later than 11:59 p.m. Eastern Time on June 24, 2016. 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 Web site at http://www.copyright.gov/rulemaking/onlinesp/NPR. 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: Jacqueline C. Charlesworth, General Counsel and Associate Register of Copyrights, by email at [email protected], Sarang V. Damle, Deputy General Counsel, by email at [email protected], or Jason E. Sloan, Attorney-Advisor, by email at [email protected]. Each can be contacted by telephone by calling 202-707- 8350. SUPPLEMENTARY INFORMATION: I. Background In 1998, Congress enacted section 512 of title 17, United States Code, as part of the DMCA.\1\ Among other things, section 512 provides safe harbors from copyright infringement liability for online service providers engaged in specified activities and that meet certain eligibility requirements.\2\ A service provider seeking to avail itself of the safe harbor in section 512(c) (for storage of material at the direction of a user) is required to designate an agent to receive notifications of claimed copyright infringement by making contact information for the agent available through its service, including on its Web site in a location accessible to the public, and by providing such contact information to the Copyright Office.\3\ Although the requirement to designate an agent to receive notifications of claimed infringement is detailed in subsection 512(c), the safe harbors in subsections 512(b) (for system caching) and (d) (for information location tools), incorporate the notice provisions of section 512(c)(3), which in turn require that notices be sent to ``the designated agent of a service provider.'' \4\ For its part, the Copyright Office is required to maintain a current online directory of designated agents that is available to the public, and is authorized to require payment of a fee by service providers to cover the costs of maintaining the system.\5\ --------------------------------------------------------------------------- \1\ Public Law 105-304, 112 Stat. 2860 (1998). \2\ See 17 U.S.C. 512. \3\ Id. at 512(c)(2). \4\ See id. at 512(b)(2)(E), (d)(3). \5\ Id. at 512(c)(2). --------------------------------------------------------------------------- Because the DMCA was effective on its date of enactment and a procedure to enable the designation of agents needed to be in place immediately, the Copyright Office issued, without opportunity for comment, interim regulations governing the designation of agents to receive notifications of claimed infringement.\6\ Those interim regulations, which are still in effect today, require service providers to submit a paper form to the Copyright Office setting forth the requisite information for the designated agent.\7\ The Copyright Office then scans the forms and posts them on its Web site.\8\ --------------------------------------------------------------------------- \6\ See 63 FR 59233 (Nov. 3, 1998). \7\ See 37 CFR 201.38. \8\ See http://www.copyright.gov/onlinesp/. --------------------------------------------------------------------------- In an effort to update the existing system, the Office issued a notice of proposed rulemaking (``NPRM'') on September 28, 2011, describing the Office's proposal for a new electronic system though which service providers could more efficiently designate agents with the Copyright Office and the public could more easily search for such agents in the online directory.\9\ The NPRM sought public comment on proposed rules that would govern the submission and updating of information relating to designated agents under such a system.\10\ The NPRM also explained that the Office would establish new fees to file, renew,\11\ or amend the designation of an agent, and that it would publish a notice of proposed rulemaking to seek comments on the proposed fees.\12\ --------------------------------------------------------------------------- \9\ See 76 FR 59953 (Sept. 28, 2011). \10\ Id. \11\ In the NPRM, the Office explained that the proposed system would require service providers to periodically ``validate'' the designated agent information with the Copyright Office, to ensure that the information in the Office's directory would remain current and accurate. See id. at 59954-55. To avoid confusion and better reflect the actual operation of the anticipated electronic system, the Office will refer to this process as the ``renewal'' of the designation rather than the ``validation'' of the designation. \12\ Id. at 59956, 59959-60. --------------------------------------------------------------------------- Following the 2011 NPRM, the Library of Congress commenced the software development effort. Although it appeared at that time that the Library would be able to commit the necessary resources to complete development of the system without significant delay, as it turned out, the Library was unable to [[Page 33154]] supply the requisite resources until fairly recently. With the new electronic system now nearing completion, the Office seeks public comment on proposed fees to use it. II. Discussion Section 512(c)(2) of title 17 authorizes the Register of Copyrights to ``require payment of a fee by service providers to cover the costs'' of maintaining a directory of agents designated to receive notifications of claimed infringement.'' \13\ In addition, section 708(a) of title 17 more generally authorizes the Register to fix fees for certain Office services, including the electronic directory, based on the cost of providing the service.\14\ --------------------------------------------------------------------------- \13\ 17 U.S.C. 512(c)(2). \14\ See id. at 708(a) (``The Register is authorized to fix fees for other services [not enumerated in section 708(a)(1)-(9)] based on the cost of providing the service.''). --------------------------------------------------------------------------- Currently, the fee for a service provider to designate an agent with the Office, or amend a designation, is $105, plus an additional fee of $35 for each group of 1 to 10 alternate names used by the service provider.\15\ This fee reflects the cost to the Office of receiving, reviewing, scanning, and posting the paper forms submitted by service providers, a largely manual process. Based on an analysis of the cost of operating and maintaining the new electronic system, the Office believes that the fee to designate an agent to receive a notification of claimed infringement can be much lower, and should be established at six dollars per designation--whether a new designation, a renewed designation, or an amended designation. At this time, the Office does not believe that an additional fee to include alternate names with a designation to be warranted, as the Office does not currently foresee appreciable additional costs due to the submission of alternate names through the online process. --------------------------------------------------------------------------- \15\ 37 CFR 201.3(c)(17). --------------------------------------------------------------------------- This significantly lower proposed fee reflects the far greater efficiency of the electronic system for the Copyright Office. The Office arrived at the six dollar amount by considering the total personnel costs associated with administering and maintaining the new service, spread across the anticipated volume of designations. The Office expects that ongoing support for any operational system will require Copyright Office staff to monitor, evaluate, and address issues that may arise with the system, as well as the portions of the Office's Web site that will integrate with the system, as needed. Additionally, support will be needed to respond to any user concerns that may arise, as well as to manage payments received. Based on the cost of employee time spent on these tasks (including salary and benefits), the Office calculates the total costs to be approximately $41,000 per year.\16\ With respect to the anticipated number of designations that will be filed, the Office notes that 23,300 designations have been filed since 1998 and are included in the existing directory.\17\ While it is difficult to know how many remain active, undoubtedly a significant portion--for present purposes, the Office is estimating 75% to 85%-- represent service providers that continue to operate. In addition, the Office expects a certain number of new and amended designations to be filed in the coming years. In total, the Office estimates an average of 7,000 designations to filed per year.\18\ Should experience with the system suggest that the anticipated personnel and overhead expenses or estimated volume of designations is incorrect, the Office will revisit the fee. --------------------------------------------------------------------------- \16\ It is anticipated that the Office will not need to maintain the system's IT infrastructure from a technical standpoint because the Library currently provides these services to the Office. If the Library begins charging for these services, or if the Office takes over these IT functions in the future, the fee may need to be reevaluated. \17\ The number of listings appears higher in the current DMCA directory because each alternate name in a designation is listed separately, even though each such listing links to a single designation filing. \18\ These calculations assume that active existing designations will need to be refiled electronically in the new system. The calculations also anticipate that to keep the directory up to date, designations will be renewable on a three-year basis. --------------------------------------------------------------------------- At this time, the Office is soliciting comments only on the fee for the new system. Accordingly, comments in response to this notice should be directed solely to the appropriateness of the proposed fee.\19\ --------------------------------------------------------------------------- \19\ The Office, in its prior notice, previously asked for and received comments on the design and operation of the electronic system. Those comments will be separately reviewed and discussed in conjunction with the final rule that will govern the system. --------------------------------------------------------------------------- List of Subjects in 37 CFR Part 201 Copyright. Proposed Regulation In consideration of the foregoing, the Copyright Office proposes to amend 37 CFR part 201 as follows: PART 201--GENERAL PROVISIONS 0 1. The authority citation for part 201 continues to read as follows: Authority: 17 U.S.C. 702. 0 2. Revise entry (17) in the table to Sec. 201.3(c) to read as follows: Sec. 201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Division. * * * * * (c) * * * ------------------------------------------------------------------------ Registration, recordation and related services Fees ($) --------------------------------------------------------------------- * * * * * * * (17) Designation of agent under Sec. 512(c)(2) to 6 receive notification of claimed infringements, including renewal or amendment of designation..... * * * * * * * ------------------------------------------------------------------------ [[Page 33155]] * * * * * Dated: May 19, 2016. Jacqueline C. Charlesworth, General Counsel and Associate Register of Copyrights. [FR Doc. 2016-12227 Filed 5-24-16; 8:45 am] BILLING CODE 1410-30-P
![33153
Proposed Rules Federal Register
Vol. 81, No. 101
Wednesday, May 25, 2016
This section of the FEDERAL REGISTER comments are available on the cover the costs of maintaining the
contains notices to the public of the proposed Copyright Office Web site at http:// system.5
issuance of rules and regulations. The www.copyright.gov/rulemaking/ Because the DMCA was effective on
purpose of these notices is to give interested onlinesp/NPR. If electronic submission its date of enactment and a procedure to
persons an opportunity to participate in the of comments is not feasible due to lack enable the designation of agents needed
rule making prior to the adoption of the final
of access to a computer and/or the to be in place immediately, the
rules.
internet, please contact the Office using Copyright Office issued, without
the contact information below for opportunity for comment, interim
LIBRARY OF CONGRESS special instructions. regulations governing the designation of
agents to receive notifications of
FOR FURTHER INFORMATION CONTACT:
Copyright Office claimed infringement.6 Those interim
Jacqueline C. Charlesworth, General regulations, which are still in effect
Counsel and Associate Register of today, require service providers to
37 CFR Part 201
Copyrights, by email at jcharlesworth@ submit a paper form to the Copyright
[Docket No. RM 2011–6] loc.gov, Sarang V. Damle, Deputy Office setting forth the requisite
General Counsel, by email at sdam@ information for the designated agent.7
Designation of Agent To Receive loc.gov, or Jason E. Sloan, Attorney-
Notification of Claimed Infringement The Copyright Office then scans the
Advisor, by email at jslo@loc.gov. Each forms and posts them on its Web site.8
AGENCY: U.S. Copyright Office, Library can be contacted by telephone by calling In an effort to update the existing
of Congress. 202–707–8350. system, the Office issued a notice of
ACTION: Notice of proposed rulemaking SUPPLEMENTARY INFORMATION: proposed rulemaking (‘‘NPRM’’) on
and request for comments. September 28, 2011, describing the
I. Background Office’s proposal for a new electronic
SUMMARY: Under the Digital Millennium system though which service providers
In 1998, Congress enacted section 512
Copyright Act (‘‘DMCA’’), the U.S. could more efficiently designate agents
of title 17, United States Code, as part
Copyright Office is required to maintain with the Copyright Office and the public
of the DMCA.1 Among other things,
a current directory of agents that have could more easily search for such agents
section 512 provides safe harbors from
been designated by online service in the online directory.9 The NPRM
copyright infringement liability for
providers to receive notifications of sought public comment on proposed
online service providers engaged in
claimed infringement. Since the rules that would govern the submission
specified activities and that meet certain
DMCA’s enactment in 1998, online and updating of information relating to
eligibility requirements.2 A service
service providers have used a paper designated agents under such a
provider seeking to avail itself of the
form to designate agents with the system.10 The NPRM also explained that
safe harbor in section 512(c) (for storage
Copyright Office, and the Office has the Office would establish new fees to
of material at the direction of a user) is
made scanned copies of those paper file, renew,11 or amend the designation
required to designate an agent to receive
forms available to the public by posting of an agent, and that it would publish
notifications of claimed copyright
them on the Office’s Web site. In 2011, a notice of proposed rulemaking to seek
infringement by making contact
the Copyright Office issued a notice comments on the proposed fees.12
information for the agent available
proposing updated regulations Following the 2011 NPRM, the
through its service, including on its Web
governing the designation of agents Library of Congress commenced the
site in a location accessible to the
under the DMCA in anticipation of the software development effort. Although
public, and by providing such contact
creation of a new online system though it appeared at that time that the Library
information to the Copyright Office.3
which service providers could more would be able to commit the necessary
Although the requirement to designate
efficiently designate agents with the resources to complete development of
an agent to receive notifications of
Copyright Office and the public could the system without significant delay, as
claimed infringement is detailed in
more easily search for such agents. With it turned out, the Library was unable to
subsection 512(c), the safe harbors in
the development of this electronic
subsections 512(b) (for system caching)
system approaching completion, this 5 Id.at 512(c)(2).
and (d) (for information location tools),
notice proposes an amendment of the 6 See 63 FR 59233 (Nov. 3, 1998).
incorporate the notice provisions of 7 See 37 CFR 201.38.
Office’s regulations to lower the fee for
section 512(c)(3), which in turn require 8 See http://www.copyright.gov/onlinesp/.
designating an agent under the DMCA.
that notices be sent to ‘‘the designated 9 See 76 FR 59953 (Sept. 28, 2011).
DATES: Written comments must be agent of a service provider.’’ 4 For its 10 Id.
received no later than 11:59 p.m. part, the Copyright Office is required to 11 In the NPRM, the Office explained that the
Eastern Time on June 24, 2016. maintain a current online directory of proposed system would require service providers to
ADDRESSES: For reasons of government periodically ‘‘validate’’ the designated agent
Lhorne on DSK30JT082PROD with PROPOSALS
designated agents that is available to the information with the Copyright Office, to ensure
efficiency, the Copyright Office is using public, and is authorized to require that the information in the Office’s directory would
the regulations.gov system for the payment of a fee by service providers to remain current and accurate. See id. at 59954–55.
submission and posting of public To avoid confusion and better reflect the actual
comments in this proceeding. All operation of the anticipated electronic system, the
1 Public Law 105–304, 112 Stat. 2860 (1998). Office will refer to this process as the ‘‘renewal’’ of
comments are therefore to be submitted 2 See 17 U.S.C. 512. the designation rather than the ‘‘validation’’ of the
electronically through regulations.gov. 3 Id. at 512(c)(2). designation.
Specific instructions for submitting 4 See id. at 512(b)(2)(E), (d)(3). 12 Id. at 59956, 59959–60.
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![33154 Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules
supply the requisite resources until additional fee to include alternate continue to operate. In addition, the
fairly recently. With the new electronic names with a designation to be Office expects a certain number of new
system now nearing completion, the warranted, as the Office does not and amended designations to be filed in
Office seeks public comment on currently foresee appreciable additional the coming years. In total, the Office
proposed fees to use it. costs due to the submission of alternate estimates an average of 7,000
names through the online process. designations to filed per year.18 Should
II. Discussion This significantly lower proposed fee experience with the system suggest that
Section 512(c)(2) of title 17 authorizes reflects the far greater efficiency of the the anticipated personnel and overhead
the Register of Copyrights to ‘‘require electronic system for the Copyright expenses or estimated volume of
payment of a fee by service providers to Office. The Office arrived at the six designations is incorrect, the Office will
cover the costs’’ of maintaining a dollar amount by considering the total revisit the fee.
directory of agents designated to receive personnel costs associated with At this time, the Office is soliciting
notifications of claimed administering and maintaining the new comments only on the fee for the new
infringement.’’ 13 In addition, section service, spread across the anticipated system. Accordingly, comments in
708(a) of title 17 more generally volume of designations. The Office response to this notice should be
authorizes the Register to fix fees for expects that ongoing support for any directed solely to the appropriateness of
certain Office services, including the operational system will require the proposed fee.19
electronic directory, based on the cost of Copyright Office staff to monitor,
providing the service.14 evaluate, and address issues that may List of Subjects in 37 CFR Part 201
Currently, the fee for a service arise with the system, as well as the Copyright.
provider to designate an agent with the portions of the Office’s Web site that
Office, or amend a designation, is $105, will integrate with the system, as Proposed Regulation
plus an additional fee of $35 for each needed. Additionally, support will be In consideration of the foregoing, the
group of 1 to 10 alternate names used needed to respond to any user concerns Copyright Office proposes to amend 37
by the service provider.15 This fee that may arise, as well as to manage CFR part 201 as follows:
reflects the cost to the Office of payments received. Based on the cost of
receiving, reviewing, scanning, and employee time spent on these tasks PART 201—GENERAL PROVISIONS
posting the paper forms submitted by (including salary and benefits), the
service providers, a largely manual Office calculates the total costs to be ■ 1. The authority citation for part 201
process. Based on an analysis of the cost approximately $41,000 per year.16 With continues to read as follows:
of operating and maintaining the new respect to the anticipated number of Authority: 17 U.S.C. 702.
electronic system, the Office believes designations that will be filed, the
■ 2. Revise entry (17) in the table to
that the fee to designate an agent to Office notes that 23,300 designations
§ 201.3(c) to read as follows:
receive a notification of claimed have been filed since 1998 and are
infringement can be much lower, and included in the existing directory.17 § 201.3 Fees for registration, recordation,
should be established at six dollars per While it is difficult to know how many and related services, special services, and
designation—whether a new remain active, undoubtedly a significant services performed by the Licensing
designation, a renewed designation, or portion—for present purposes, the Division.
an amended designation. At this time, Office is estimating 75% to 85%— * * * * *
the Office does not believe that an represent service providers that (c) * * *
Fees
Registration, recordation and related services ($)
* * * * * * *
(17) Designation of agent under § 512(c)(2) to receive notification of claimed infringements, including renewal or amend-
ment of designation .................................................................................................................................................................. 6
* * * * * * *
13 17 U.S.C. 512(c)(2). begins charging for these services, or if the Office in the new system. The calculations also anticipate
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14 See id. at 708(a) (‘‘The Register is authorized takes over these IT functions in the future, the fee that to keep the directory up to date, designations
to fix fees for other services [not enumerated in may need to be reevaluated. will be renewable on a three-year basis.
section 708(a)(1)–(9)] based on the cost of providing 17 The number of listings appears higher in the
19 The Office, in its prior notice, previously asked
the service.’’). current DMCA directory because each alternate for and received comments on the design and
15 37 CFR 201.3(c)(17). name in a designation is listed separately, even
operation of the electronic system. Those comments
16 It is anticipated that the Office will not need though each such listing links to a single
designation filing. will be separately reviewed and discussed in
to maintain the system’s IT infrastructure from a
technical standpoint because the Library currently 18 These calculations assume that active existing conjunction with the final rule that will govern the
provides these services to the Office. If the Library designations will need to be refiled electronically system.
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![Federal Register / Vol. 81, No. 101 / Wednesday, May 25, 2016 / Proposed Rules 33155
* * * * * delivery to Director, Regulations also established a comprehensive
Dated: May 19, 2016. Management (02REG), Department of personnel system for certain medical
Jacqueline C. Charlesworth,
Veterans Affairs, 810 Vermont Avenue employees in VHA, independent of the
NW., Room 1068, Washington, DC civil service rules. See Chapters 73 and
General Counsel and Associate Register of
Copyrights.
20420; by fax to (202) 273–9026. 74 of title 38, U.S.C. The Secretary was
Comments should indicate that they are granted express statutory authority to
[FR Doc. 2016–12227 Filed 5–24–16; 8:45 am]
submitted in response to ‘‘RIN 2900– establish the qualifications for VA’s
BILLING CODE 1410–30–P
AP44-Advanced Practice Registered healthcare practitioners, determine the
Nurses.’’ Copies of comments received hours and conditions of employment,
will be available for public inspection in take disciplinary action against
DEPARTMENT OF VETERANS the Office of Regulation Policy and employees, and otherwise regulate the
AFFAIRS Management, Room 1068, between the professional activities of those
hours of 8 a.m. and 4:30 p.m., Monday individuals. 38 U.S.C. 7401–7464. As an
38 CFR Part 17 through Friday (except holidays). Call integrated Federal health care system
RIN 2900–AP44 (202) 461–4902 for an appointment. with the responsibility to provide
(This is not a toll-free number.) In comprehensive care under 38 U.S.C.
Advanced Practice Registered Nurses addition, during the comment period, 7301, it is essential that VHA wisely
AGENCY: Department of Veterans Affairs. comments may be viewed online manage its resources and fully utilize
through the Federal Docket Management the skills of its health care providers to
ACTION: Proposed rule.
System (FDMS) at http:// the full extent of their education,
SUMMARY: The Department of Veterans www.Regulations.gov. training, and certification. By permitting
Affairs (VA) is proposing to amend its FOR FURTHER INFORMATION CONTACT: Dr. APRNs throughout the VHA system a
medical regulations to permit full Penny Kaye Jensen, Liaison for National way to achieve full practice authority in
practice authority of all VA advanced APRN Practice, 810 Vermont Ave. NW., order to provide advanced nursing
practice registered nurses (APRNs) Washington, DC 20420; (202) 461–6700. services to the full extent of their
when they are acting within the scope (This is not a toll-free number.) professional competence, VHA would
of their VA employment. This SUPPLEMENTARY INFORMATION: Section further its statutory mandate to provide
rulemaking would increase veterans’ 7301 of title 38 United States Code quality health care to our nation’s
access to VA health care by expanding (U.S.C.) establishes the Veterans Health veterans. This proposed regulatory
the pool of qualified health care Administration (VHA) within VA, and change to nursing policy would permit
professionals who are authorized to establishes that its primary function is APRNs to practice to the full extent of
provide primary health care and other to ‘‘provide a complete medical and their education, training and
related health care services to the full hospital service for the medical care and certification, without the clinical
extent of their education, training, and treatment of veterans, as provided in supervision or mandatory collaboration
certification, without the clinical this title and in regulations prescribed of physicians. Standardization of APRN
supervision of physicians. This rule by the Secretary pursuant to this title.’’ full practice authority, without regard
would permit VA to use its health care 38 U.S.C. 7301(b). In carrying out this for individual State practice regulations,
resources more effectively and in a function, VHA has an obligation to would help to ensure a consistent
manner that is consistent with the role ensure that patient care is appropriate continuum of health care across VHA by
of APRNs in the non-VA health care and safe and its health care practitioners decreasing the variability in APRN
sector, while maintaining the patient- meet or exceed generally-accepted practice that currently exists across
centered, safe, high-quality health care professional standards for patient care. VHA as a result of disparate State
that veterans receive from VA. The The Secretary is responsible for the practice regulations. As of March 7,
proposed rulemaking would establish proper execution and administration of 2016 CRNAs have full practice authority
additional professional qualifications an all laws administered by the Department in 17 states, while CNPs have full
individual must possess to be appointed and for the control, direction, and practice authority in almost 50% of the
as an APRN within VA. The proposed management of the Department, to nation, which includes 21 states and the
rulemaking would subdivide APRN’s include agency personnel and District of Columbia.
into four separate categories that management matters. See 38 U.S.C. 303. It would also aid in fully maximizing
include certified nurse practitioner, To enable the Secretary to direct, VHA APRN staff capabilities, which
certified registered nurse anesthetist, control and manage VA, Congress would increase VA’s capacity to provide
clinical nurse specialist, and certified authorized the Secretary ‘‘to prescribe timely, efficient, and effective primary
nurse-midwife. The proposed all rules and regulations which are care services, as well as other services.
rulemaking would also provide the necessary or appropriate to carry out the This would increase veteran access to
criteria under which VA may grant full laws administered by the Department needed VA health care, particularly in
practice authority to an APRN, and and are consistent with those laws.’’ 38 medically-underserved areas, as well as
define the scope of full practice U.S.C. 501(a). The Under Secretary for decrease the amount of time veterans
authority for each category of APRN. VA Health is directly responsible to the spend waiting for patient appointments.
intends that the services to be provided Secretary for the operation of VHA (38 In addition, standardizing APRN
by an APRN in one of the four APRN U.S.C. 305(b)). Unless specifically practice authority would enable
roles would be consistent with the otherwise provided, the Under Secretary veterans, their families, and caregivers
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nursing profession’s standards of for Health, as the head of VHA, is to understand more readily the health
practice for such roles. authorized to ‘‘prescribe all regulations care services that VA APRNs are
DATES: Comments must be received by necessary to the administration of the authorized to provide. This preemptive
VA on or before July 25, 2016. Veterans Health Administration,’’ rule would increase access to care and
ADDRESSES: Written comments may be subject to the approval of the Secretary. reduce the wait times for VA
submitted: Through http:// 38 U.S.C. 7304. To allow VA to carry appointments utilizing the current
www.Regulations.gov; by mail or hand- out its medical care mission, Congress workforce already in place.
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Document Created: 2018-02-07 15:03:41
Document Modified: 2018-02-07 15:03:41
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Notice of proposed rulemaking and request for comments. | |
| Dates | Written comments must be received no later than 11:59 p.m. Eastern Time on June 24, 2016. | |
| Contact | Jacqueline C. Charlesworth, General Counsel and Associate Register of Copyrights, by email at [email protected], Sarang V. Damle, Deputy General Counsel, by email at [email protected], or Jason E. Sloan, Attorney-Advisor, by email at [email protected] Each can be contacted by telephone by calling 202-707- 8350. | |
| FR Citation | 81 FR 33153 |
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