82 FR 12326 - Disruption of Copyright Office Electronic Systems

LIBRARY OF CONGRESS
U.S. Copyright Office

Federal Register Volume 82, Issue 40 (March 2, 2017)

Page Range		12326-12328
FR Document		2017-03907

The U.S. Copyright Office is proposing to amend its regulations governing delays in the receipt of material caused by the disruption of postal or other transportation or communication services. As proposed, the amended rule would, for the first time, specifically address the effect of a disruption or suspension of any Copyright Office electronic system on the Office's receipt of applications, fees, deposits, or other materials, and the assignment of a constructive date of receipt to such materials. The proposed rule would also make various revisions to the existing portions of the rule for usability and readability. In addition, the proposed rule would specify how the Office will assign effective dates of receipt when a specific submission is lost in the absence of a declaration of disruption, as might occur during the security screening procedures used for mail that is delivered to the Office.

Federal Register, Volume 82 Issue 40 (Thursday, March 2, 2017)

[Federal Register Volume 82, Number 40 (Thursday, March 2, 2017)]
[Proposed Rules]
[Pages 12326-12328]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-03907]


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LIBRARY OF CONGRESS

U.S. Copyright Office

37 CFR Part 201

[Docket No. 2017-4]


Disruption of Copyright Office Electronic Systems

AGENCY: U.S. Copyright Office, Library of Congress.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The U.S. Copyright Office is proposing to amend its 
regulations governing delays in the receipt of material caused by the 
disruption of postal or other transportation or communication services. 
As proposed, the amended rule would, for the first time, specifically 
address the effect of a disruption or suspension of any Copyright 
Office electronic system on the Office's receipt of applications, fees, 
deposits, or other materials, and the assignment of a constructive date 
of receipt to such materials. The proposed rule would also make various 
revisions to the existing portions of the rule for usability and 
readability. In addition, the proposed rule would specify how the 
Office will assign effective dates of receipt when a specific 
submission is lost in the absence of a declaration of disruption, as 
might occur during the security screening procedures used for mail that 
is delivered to the Office.

DATES: Written comments must be received no later than 11:59 p.m. 
Eastern Time on April 3, 2017.

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 https://copyright.gov/rulemaking/eoutages. 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: Anna Chauvet, Assistant General 
Counsel, by email at [email protected], or by telephone at 202-707-8350.

SUPPLEMENTARY INFORMATION: Section 709 of the Copyright Act (title 17, 
United States Code) addresses the situation where the ``general 
disruption or suspension of postal or other transportation or 
communications services'' prevents the timely receipt by the Office of 
``a deposit, application, fee, or any other material.'' In such 
situations, and ``on the basis of such evidence as the Register may by 
regulation require,'' the Register of Copyrights may deem the receipt 
of such material to be timely, so long as it is actually received 
``within one month after the date on which the Register determines that 
the disruption or suspension of such services has terminated.'' 17 
U.S.C. 709. In addition, section 702 of the Copyright Act authorizes 
the Register to ``establish regulations not inconsistent with law for 
the administration of the functions and duties made the responsibility 
of the Register under this title.'' 17 U.S.C. 702.
    The Copyright Office's regulations implementing section 709 can be 
found in 37 CFR 201.8. When the U.S. Copyright Office first promulgated 
these regulations, many of the Office's current electronic systems did 
not exist, and the regulations were not amended to specifically address 
outages of such systems. In 2015, the Office's online system used to 
register initial copyright claims was disrupted for over a week due to 
an equipment failure, highlighting the need for the Office to update 
its regulations to address the effect of a disruption or suspension of 
any Copyright Office electronic system on the Office's receipt of 
applications, fees, deposits, or any other materials.
    Assigning a date of receipt based on the date materials would have 
been received but for the disruption of a Copyright Office electronic 
system is important in a number of contexts. For example, thousands of 
copyright claims are filed each year using the Office's electronic 
filing system, and the effective date of registration of a copyright is 
the date the application, fees, and deposit are received by the 
Copyright Office. 17 U.S.C. 410(d). That date can affect the copyright 
owner's rights and remedies, such as eligibility for statutory damages 
and attorney's fees. See 17 U.S.C. 412 (statutory damages and 
attorney's fees available only for works with effective date of 
registration prior to commencement of infringement or, for published 
works, within three months of first publication of the work). In 
addition, certain filings may be submitted to the Office only in 
electronic form. See 37 CFR 201.38 (online service providers must 
designate an agent to receive notifications of claimed copyright 
infringement through the Copyright Office's Web site).
    The proposed rule accordingly makes several updates to 37 CFR 201.8 
to account for electronic outages. Among other things, the proposed 
rule allows the Register to assign, as the date of receipt, the date on 
which she determines the material would have been received but for the 
disruption or suspension of the electronic system. Ordinarily, when a 
person submits materials through a Copyright Office electronic system, 
those materials are received in the Copyright Office on the date the 
submission was made. In cases where a person attempts to submit 
materials, but is unable to do so because of a disruption or suspension 
of a Copyright Office electronic system, the proposed rule will allow 
the Register to use the date that the attempt was made as the date of 
receipt. In cases where it is unclear when the attempt was made, the 
proposed rule provides the Register with discretion to determine the 
effective date of receipt on a case-by-case basis.
    In addition, the proposed rule makes several changes to update the 
rule to account for more recent practices, and improve the usability 
and readability of the regulation. For instance, the proposed rule 
comprehensively updates paragraph (c) of section 201.8, which specifies 
the deadline for requesting an adjustment of the date of receipt in 
cases where a person attempted to submit material to the Office but was 
unable to do so due to the suspension or disruption of a Copyright 
Office electronic system. In the past, most materials were submitted to 
the Office on paper. Permitting the submission of requests prior to the 
issuance of the certificate of registration or recordation would have 
imposed unacceptable burdens on the Office due to difficulties in 
locating the pending applications or submissions to which the requests 
pertained. Now that the Office has implemented electronic systems, it 
is easier to make date adjustments, such as correcting the effective 
date of registration or date of recordation, while the application or 
submission is still pending. Accordingly, the Office proposes that 
persons seeking to adjust the date of receipt of any material that 
could not be submitted electronically due to a disruption or suspension 
of an Office electronic system, should be permitted to submit a request 
up to one year after the date on which the

[[Page 12327]]

disruption or suspension has terminated under section 201.8(a).
    Finally, the proposed rule adds sections 201.8(b)(2) and (c)(2), 
which address a related issue. On occasion, a person may deliver or 
attempt to deliver material to the Office, but the Office may have no 
record of having received such material or may have lost or misplaced 
that material after it was received. Although such situations are rare, 
they do occur occasionally as mail delivered to the Copyright Office 
must go through extensive security screening. If the person provides 
satisfactory evidence that he or she sent that material to the Office, 
the proposed rule would allow the Register to assign, as the date of 
receipt, the date on which the material would have been received. Such 
a request must be made no later than one year after the person 
delivered or attempted to deliver the application, fee, deposit, or 
other material to the Copyright Office. As a technical matter, these 
provisions do not implement section 709, which pertains to a general 
disruption of postal or other services; rather, the Office is 
implementing these provisions as an exercise of its general regulatory 
authority under section 702 of the Copyright Act.

List of Subjects in 37 CFR Part 201

    Copyright.

Proposed Regulations

    For the reasons set forth in the preamble, the Copyright Office 
proposes amending 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.


Sec.  201.8   [Amended]

0
2. Amend Sec.  201.8 as follows:
0
a. Revise paragraphs (a), (b) and (c);
0
b. In paragraph (d), add ``Return of certificate.'' before ``In 
cases'', remove ``in which'' and add in its place ``where'', and add 
``under paragraph (b)'' after ``along with the request''.
0
c. Revise paragraph (e) introductory text.
0
d. In paragraph (e)(1), add a comma after ``Priority Mail''.
0
e. In paragraph (e)(2), add a semicolon after ``Copyright Office''.
0
f. In paragraph (e)(2)(ii), remove ``2'' and add in its place ``two''.
0
g. Revise paragraphs (e)(3) and (e)(4);
0
h. Revise paragraph (f) introductory text.
0
i. In paragraph (f)(4), remove the period at the end of the sentence 
and replace it with a semicolon.
0
j. Add paragraph (f)(5).
0
k. Remove paragraph (g).
0
l. Add authority citation to the end of the section.
    The revisions and additions read as follows:


Sec.  201.8  Disruption of postal or other transportation or 
communication services.

    (a) Declaration of disruption. For purposes of 17 U.S.C. 709, when 
the Register has determined that there is or has been a general 
disruption or suspension of postal or other transportation or 
communications services, including a disruption or suspension of a 
Copyright Office electronic system, that has delayed the receipt by the 
Copyright Office of applications, fees, deposits, or any other 
materials, the Register shall publish an announcement of that 
determination, stating the date on which the disruption or suspension 
commenced. The announcement may, if appropriate, limit the means of 
delivery that are subject to relief pursuant to section 709. Following 
the cessation of the disruption or suspension of services, the Register 
shall publish an announcement stating the date on which the disruption 
or suspension has terminated, and may provide specific instructions on 
how to make a request under paragraph (b)(1).
    (b) Request for earlier filing date due to disruption. (1) When the 
Register has declared a disruption. When the Register has made a 
declaration of disruption under paragraph (a) of this section, any 
person who, in compliance with any instructions provided by the 
Register, provides satisfactory evidence as described in paragraph (e) 
of this section that he or she attempted to deliver an application, 
fee, deposit, or other material to the Copyright Office, but that 
receipt by the Copyright Office was delayed due to a general disruption 
or suspension of postal or other transportation or communications 
services announced under paragraph (a), shall be assigned, as the date 
of receipt of the application, fee, deposit, or other material, the 
date on which the Register determines the material would have been 
received but for the disruption or suspension of services, so long as 
the application, fee, deposit, or other material was actually received 
in the Copyright Office within one month after the date the Register 
identifies pursuant to paragraph (a) of this section that disruption or 
suspension of services has terminated. Such requests should be mailed 
to the address specified in Sec.  201.1(c)(1), or through any other 
delivery method the Register specifies in a published announcement 
under paragraph (a) of this section.
    (2) With respect to disruption affecting specific submission. In 
the absence of a declaration of disruption under paragraph (a) of this 
section, any person who provides satisfactory evidence as described in 
paragraph (e) of this section that he or she delivered or attempted to 
deliver an application, fee, deposit, or other material to the 
Copyright Office, but that the Office did not receive that material or 
that it was lost or misplaced by the Office after its delivery to the 
Office, shall be assigned, as the date of receipt, the date that the 
Register determines that the material was received or would have been 
received. Such requests may be mailed to the address specified in Sec.  
201.1(c)(1), or through any other delivery method specified by the 
Copyright Office.
    (c) Timing. (1) A request under paragraph (b)(1) of this section 
shall be made no earlier than the date on which the Register publishes 
the announcement under paragraph (a) declaring that the disruption or 
suspension has terminated, and no later than one year after the 
publication of that announcement.
    (2) A request under paragraph (b)(2) of this section shall be made 
no later than one year after the person delivered or attempted to 
deliver the application, fee, deposit, or other material to the 
Copyright Office.
* * * * *
    (e) Satisfactory evidence. In all cases the Register shall have 
discretion in determining whether materials submitted with a request 
under paragraph (b) of this section constitute satisfactory evidence. 
For purposes of paragraph (b) of this section, satisfactory evidence 
may include:
* * * * *
    (3) A statement under penalty of perjury, pursuant to 28 U.S.C. 
1746, from a person with actual knowledge of the facts relating to the 
attempt to deliver the material to the Copyright Office, setting forth 
with particularity facts which satisfy the Register that in the absence 
of the general disruption or suspension of postal or other 
transportation or communications services, including a disruption or 
suspension of a Copyright Office electronic system, or but for the 
misdelivery, misplacement, or loss of materials sent to the Copyright 
Office, the material would have been received by the Copyright Office 
by a particular date; or
    (4) Other documentary evidence which the Register deems equivalent 
to the evidence set forth in paragraphs (e)(1) and (2) of this section.

[[Page 12328]]

    (f) Presumption of receipt. For purposes of paragraph (b) of this 
section, the Register shall presume that but for the general disruption 
or suspension of postal or other transportation or communications 
services, including a disruption or suspension of a Copyright Office 
electronic system, or but for the misdelivery, misplacement, or loss of 
materials sent to the Copyright Office;:
* * * * *
    (5) Materials submitted or attempted to be submitted through a 
Copyright Office electronic system would have been received in the 
Copyright Office on the date the attempt was made. If it is unclear 
when an attempt was made, the Register will determine the effective 
date of receipt on a case-by-case basis.


(17 U.S.C. 702, 709)

    Dated: February 23, 2017.
Sarang V. Damle,
General Counsel and Associate Register of Copyrights.
[FR Doc. 2017-03907 Filed 3-1-17; 8:45 am]
 BILLING CODE 1410-30-P

12326 Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules

Signed at Washington, DC, this 27th day of FOR FURTHER INFORMATION CONTACT: of the work). In addition, certain filings
February 2017. Anna Chauvet, Assistant General may be submitted to the Office only in
Timothy D. Hauser, Counsel, by email at achau@loc.gov, or electronic form. See 37 CFR 201.38
Deputy Assistant Secretary for Program by telephone at 202–707–8350. (online service providers must designate
Operations, Employee Benefits Security SUPPLEMENTARY INFORMATION: Section an agent to receive notifications of
Administration, Department of Labor. 709 of the Copyright Act (title 17, claimed copyright infringement through
[FR Doc. 2017–04096 Filed 3–1–17; 8:45 am] United States Code) addresses the the Copyright Office’s Web site).
BILLING CODE 4510–29–P situation where the ‘‘general disruption The proposed rule accordingly makes
or suspension of postal or other several updates to 37 CFR 201.8 to
transportation or communications account for electronic outages. Among
LIBRARY OF CONGRESS services’’ prevents the timely receipt by other things, the proposed rule allows
the Office of ‘‘a deposit, application, fee, the Register to assign, as the date of
U.S. Copyright Office or any other material.’’ In such receipt, the date on which she
situations, and ‘‘on the basis of such determines the material would have
37 CFR Part 201 evidence as the Register may by been received but for the disruption or
regulation require,’’ the Register of suspension of the electronic system.
[Docket No. 2017–4] Ordinarily, when a person submits
Copyrights may deem the receipt of
such material to be timely, so long as it materials through a Copyright Office
Disruption of Copyright Office
electronic system, those materials are
Electronic Systems is actually received ‘‘within one month
received in the Copyright Office on the
after the date on which the Register
AGENCY: U.S. Copyright Office, Library date the submission was made. In cases
determines that the disruption or
of Congress. where a person attempts to submit
suspension of such services has
ACTION: Notice of proposed rulemaking. materials, but is unable to do so because
terminated.’’ 17 U.S.C. 709. In addition,
of a disruption or suspension of a
section 702 of the Copyright Act
SUMMARY: The U.S. Copyright Office is Copyright Office electronic system, the
authorizes the Register to ‘‘establish
proposing to amend its regulations proposed rule will allow the Register to
regulations not inconsistent with law for
governing delays in the receipt of use the date that the attempt was made
the administration of the functions and
material caused by the disruption of as the date of receipt. In cases where it
duties made the responsibility of the is unclear when the attempt was made,
postal or other transportation or Register under this title.’’ 17 U.S.C. 702.
communication services. As proposed, the proposed rule provides the Register
The Copyright Office’s regulations with discretion to determine the
the amended rule would, for the first implementing section 709 can be found
time, specifically address the effect of a effective date of receipt on a case-by-
in 37 CFR 201.8. When the U.S. case basis.
disruption or suspension of any Copyright Office first promulgated these
Copyright Office electronic system on In addition, the proposed rule makes
regulations, many of the Office’s current several changes to update the rule to
the Office’s receipt of applications, fees, electronic systems did not exist, and the
deposits, or other materials, and the account for more recent practices, and
regulations were not amended to improve the usability and readability of
assignment of a constructive date of specifically address outages of such
receipt to such materials. The proposed the regulation. For instance, the
systems. In 2015, the Office’s online proposed rule comprehensively updates
rule would also make various revisions system used to register initial copyright
to the existing portions of the rule for paragraph (c) of section 201.8, which
claims was disrupted for over a week specifies the deadline for requesting an
usability and readability. In addition, due to an equipment failure,
the proposed rule would specify how adjustment of the date of receipt in
highlighting the need for the Office to cases where a person attempted to
the Office will assign effective dates of update its regulations to address the
receipt when a specific submission is submit material to the Office but was
effect of a disruption or suspension of unable to do so due to the suspension
lost in the absence of a declaration of any Copyright Office electronic system
disruption, as might occur during the or disruption of a Copyright Office
on the Office’s receipt of applications, electronic system. In the past, most
security screening procedures used for fees, deposits, or any other materials.
mail that is delivered to the Office. materials were submitted to the Office
Assigning a date of receipt based on on paper. Permitting the submission of
DATES: Written comments must be the date materials would have been requests prior to the issuance of the
received no later than 11:59 p.m. received but for the disruption of a certificate of registration or recordation
Eastern Time on April 3, 2017. Copyright Office electronic system is would have imposed unacceptable
ADDRESSES: For reasons of government important in a number of contexts. For burdens on the Office due to difficulties
efficiency, the Copyright Office is using example, thousands of copyright claims in locating the pending applications or
the regulations.gov system for the are filed each year using the Office’s submissions to which the requests
submission and posting of public electronic filing system, and the pertained. Now that the Office has
comments in this proceeding. All effective date of registration of a implemented electronic systems, it is
comments are therefore to be submitted copyright is the date the application, easier to make date adjustments, such as
electronically through regulations.gov. fees, and deposit are received by the correcting the effective date of
Specific instructions for submitting Copyright Office. 17 U.S.C. 410(d). That registration or date of recordation, while
date can affect the copyright owner’s
pmangrum on DSK3GDR082PROD with PROPOSALS

comments are available on the the application or submission is still
Copyright Office Web site at https:// rights and remedies, such as eligibility pending. Accordingly, the Office
copyright.gov/rulemaking/eoutages. If for statutory damages and attorney’s proposes that persons seeking to adjust
electronic submission of comments is fees. See 17 U.S.C. 412 (statutory the date of receipt of any material that
not feasible due to lack of access to a damages and attorney’s fees available could not be submitted electronically
computer and/or the internet, please only for works with effective date of due to a disruption or suspension of an
contact the Office using the contact registration prior to commencement of Office electronic system, should be
information below for special infringement or, for published works, permitted to submit a request up to one
instructions. within three months of first publication year after the date on which the

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Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules 12327

disruption or suspension has terminated ■ j. Add paragraph (f)(5). (2) With respect to disruption
under section 201.8(a). ■ k. Remove paragraph (g). affecting specific submission. In the
Finally, the proposed rule adds ■ l. Add authority citation to the end of absence of a declaration of disruption
sections 201.8(b)(2) and (c)(2), which the section. under paragraph (a) of this section, any
address a related issue. On occasion, a The revisions and additions read as person who provides satisfactory
person may deliver or attempt to deliver follows: evidence as described in paragraph (e)
material to the Office, but the Office § 201.8 Disruption of postal or other of this section that he or she delivered
may have no record of having received transportation or communication services. or attempted to deliver an application,
such material or may have lost or (a) Declaration of disruption. For fee, deposit, or other material to the
misplaced that material after it was purposes of 17 U.S.C. 709, when the Copyright Office, but that the Office did
received. Although such situations are Register has determined that there is or not receive that material or that it was
rare, they do occur occasionally as mail has been a general disruption or lost or misplaced by the Office after its
delivered to the Copyright Office must suspension of postal or other delivery to the Office, shall be assigned,
go through extensive security screening. transportation or communications as the date of receipt, the date that the
If the person provides satisfactory services, including a disruption or Register determines that the material
evidence that he or she sent that suspension of a Copyright Office was received or would have been
material to the Office, the proposed rule electronic system, that has delayed the received. Such requests may be mailed
would allow the Register to assign, as receipt by the Copyright Office of to the address specified in § 201.1(c)(1),
the date of receipt, the date on which applications, fees, deposits, or any other or through any other delivery method
the material would have been received. materials, the Register shall publish an specified by the Copyright Office.
Such a request must be made no later announcement of that determination, (c) Timing. (1) A request under
than one year after the person delivered stating the date on which the disruption paragraph (b)(1) of this section shall be
or attempted to deliver the application, or suspension commenced. The made no earlier than the date on which
fee, deposit, or other material to the announcement may, if appropriate, limit the Register publishes the
Copyright Office. As a technical matter, the means of delivery that are subject to announcement under paragraph (a)
these provisions do not implement relief pursuant to section 709. Following declaring that the disruption or
section 709, which pertains to a general the cessation of the disruption or suspension has terminated, and no later
disruption of postal or other services; suspension of services, the Register than one year after the publication of
rather, the Office is implementing these shall publish an announcement stating that announcement.
provisions as an exercise of its general the date on which the disruption or (2) A request under paragraph (b)(2) of
regulatory authority under section 702 suspension has terminated, and may this section shall be made no later than
of the Copyright Act. provide specific instructions on how to one year after the person delivered or
List of Subjects in 37 CFR Part 201 make a request under paragraph (b)(1). attempted to deliver the application, fee,
(b) Request for earlier filing date due deposit, or other material to the
Copyright. to disruption. (1) When the Register has Copyright Office.
Proposed Regulations declared a disruption. When the * * * * *
Register has made a declaration of
For the reasons set forth in the (e) Satisfactory evidence. In all cases
disruption under paragraph (a) of this
preamble, the Copyright Office proposes the Register shall have discretion in
section, any person who, in compliance
amending 37 CFR part 201 as follows: determining whether materials
with any instructions provided by the
submitted with a request under
PART 201—GENERAL PROVISIONS Register, provides satisfactory evidence
paragraph (b) of this section constitute
as described in paragraph (e) of this
satisfactory evidence. For purposes of
■ 1. The authority citation for part 201 section that he or she attempted to
paragraph (b) of this section, satisfactory
continues to read as follows: deliver an application, fee, deposit, or
evidence may include:
Authority: 17 U.S.C. 702.
other material to the Copyright Office,
but that receipt by the Copyright Office * * * * *
§ 201.8 [Amended] was delayed due to a general disruption (3) A statement under penalty of
■ 2. Amend § 201.8 as follows: or suspension of postal or other perjury, pursuant to 28 U.S.C. 1746,
■ a. Revise paragraphs (a), (b) and (c); transportation or communications from a person with actual knowledge of
■ b. In paragraph (d), add ‘‘Return of services announced under paragraph (a), the facts relating to the attempt to
certificate.’’ before ‘‘In cases’’, remove shall be assigned, as the date of receipt deliver the material to the Copyright
‘‘in which’’ and add in its place of the application, fee, deposit, or other Office, setting forth with particularity
‘‘where’’, and add ‘‘under paragraph material, the date on which the Register facts which satisfy the Register that in
(b)’’ after ‘‘along with the request’’. determines the material would have the absence of the general disruption or
■ c. Revise paragraph (e) introductory been received but for the disruption or suspension of postal or other
text. suspension of services, so long as the transportation or communications
■ d. In paragraph (e)(1), add a comma application, fee, deposit, or other services, including a disruption or
after ‘‘Priority Mail’’. material was actually received in the suspension of a Copyright Office
■ e. In paragraph (e)(2), add a semicolon Copyright Office within one month after electronic system, or but for the
the date the Register identifies pursuant misdelivery, misplacement, or loss of
pmangrum on DSK3GDR082PROD with PROPOSALS

after ‘‘Copyright Office’’.
■ f. In paragraph (e)(2)(ii), remove ‘‘2’’ to paragraph (a) of this section that materials sent to the Copyright Office,
and add in its place ‘‘two’’. disruption or suspension of services has the material would have been received
■ g. Revise paragraphs (e)(3) and (e)(4); terminated. Such requests should be by the Copyright Office by a particular
■ h. Revise paragraph (f) introductory mailed to the address specified in date; or
text. § 201.1(c)(1), or through any other (4) Other documentary evidence
■ i. In paragraph (f)(4), remove the delivery method the Register specifies which the Register deems equivalent to
period at the end of the sentence and in a published announcement under the evidence set forth in paragraphs
replace it with a semicolon. paragraph (a) of this section. (e)(1) and (2) of this section.

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12328 Federal Register / Vol. 82, No. 40 / Thursday, March 2, 2017 / Proposed Rules

(f) Presumption of receipt. For December 16, 2015, 2012 annual PM2.5 requirements, and legal authority that
purposes of paragraph (b) of this infrastructure SIP submission. All other are designed to assure attainment and
section, the Register shall presume that applicable infrastructure requirements maintenance of the newly established or
but for the general disruption or for these SIP submissions have been or revised NAAQS. More specifically,
suspension of postal or other will be addressed in separate section 110(a)(1) provides the
transportation or communications rulemakings. procedural and timing requirements for
services, including a disruption or DATES: Comments must be received on infrastructure SIPs. Section 110(a)(2)
suspension of a Copyright Office or before April 3, 2017. lists specific elements that states must
electronic system, or but for the meet for the infrastructure SIP
ADDRESSES: Submit your comments,
misdelivery, misplacement, or loss of requirements related to a newly
identified by Docket ID No. EPA–R04–
materials sent to the Copyright Office;: established or revised NAAQS. The
OAR–2016–0748 at http://
* * * * * contents of an infrastructure SIP
www.regulations.gov. Follow the online
(5) Materials submitted or attempted submission may vary depending upon
instructions for submitting comments.
to be submitted through a Copyright the data and analytical tools available to
Once submitted, comments cannot be
Office electronic system would have the state, as well as the provisions
edited or removed from Regulations.gov.
been received in the Copyright Office on already contained in the state’s
EPA may publish any comment received
the date the attempt was made. If it is implementation plan at the time in
to its public docket. Do not submit
unclear when an attempt was made, the which the state develops and submits
electronically any information you
Register will determine the effective the submission for a new or revised
consider to be Confidential Business
date of receipt on a case-by-case basis. NAAQS.
Information (CBI) or other information
Section 110(a)(2)(D) has two
(17 U.S.C. 702, 709) whose disclosure is restricted by statute.
components: 110(a)(2)(D)(i) and
Multimedia submissions (audio, video,
Dated: February 23, 2017. 110(a)(2)(D)(ii). Section 110(a)(2)(D)(i)
etc.) must be accompanied by a written
Sarang V. Damle, includes four distinct components,
comment. The written comment is
General Counsel and Associate Register of commonly referred to as ‘‘prongs,’’ that
considered the official comment and
Copyrights. must be addressed in infrastructure SIP
should include discussion of all points
[FR Doc. 2017–03907 Filed 3–1–17; 8:45 am] submissions. The first two prongs,
you wish to make. EPA will generally
BILLING CODE 1410–30–P which are codified in section
not consider comments or comment
110(a)(2)(D)(i)(I), are provisions that
contents located outside of the primary
prohibit any source or other type of
submission (i.e., on the web, cloud, or
ENVIRONMENTAL PROTECTION emissions activity in one state from
other file sharing system). For
AGENCY contributing significantly to
additional submission methods, the full nonattainment of the NAAQS in another
EPA public comment policy, state (prong 1) and from interfering with
40 CFR Parts 52 information about CBI or multimedia maintenance of the NAAQS in another
[EPA–R04–OAR–2016–0748; FRL–9959–07– submissions, and general guidance on state (prong 2). The third and fourth
Region 4] making effective comments, please visit prongs, which are codified in section
http://www2.epa.gov/dockets/ 110(a)(2)(D)(i)(II), are provisions that
Air Plan Approvals; TN; Prong 4–2010 commenting-epa-dockets.
NO2, SO2, and 2012 PM2.5 NAAQS prohibit emissions activity in one state
FOR FURTHER INFORMATION CONTACT: from interfering with measures required
AGENCY: Environmental Protection Sean Lakeman of the Air Regulatory to prevent significant deterioration of air
Agency. Management Section, Air Planning and quality in another state (prong 3) or
ACTION: Proposed rule. Implementation Branch, Air, Pesticides from interfering with measures to
and Toxics Management Division, U.S. protect visibility in another state (prong
SUMMARY: The Environmental Protection Environmental Protection Agency, 4). Section 110(a)(2)(D)(ii) requires SIPs
Agency (EPA) is proposing to Region 4, 61 Forsyth Street SW., to include provisions insuring
conditionally approve the visibility Atlanta, Georgia 30303–8960. Mr. compliance with sections 115 and 126
transport (prong 4) portions of revisions Lakeman can be reached by telephone at of the Act, relating to interstate and
to the Tennessee State Implementation (404) 562–9043 or via electronic mail at international pollution abatement.
Plan (SIP), submitted by the Tennessee lakeman.sean@epa.gov. Through this action, EPA is proposing
Department of Environment and SUPPLEMENTARY INFORMATION: to conditionally approve the prong 4
Conservation (TDEC), addressing the portions of Tennessee’s infrastructure
Clean Air Act (CAA or Act) I. Background
SIP submissions for the 2010 1-hour
infrastructure SIP requirements for the By statute, SIPs meeting the NO2, 2010 1-hour SO2, and 2012 annual
2010 1-hour Nitrogen Dioxide (NO2), requirements of sections 110(a)(1) and PM2.5 NAAQS. All other applicable
2010 1-hour Sulfur Dioxide (SO2), and (2) of the CAA are to be submitted by infrastructure SIP requirements for these
2012 annual Fine Particulate Matter states within three years after SIP submissions have been or will be
(PM2.5) National Ambient Air Quality promulgation of a new or revised addressed in separate rulemakings. A
Standards (NAAQS). The CAA requires NAAQS to provide for the brief background regarding the NAAQS
that each state adopt and submit a SIP implementation, maintenance, and relevant to today’s proposal is provided
pmangrum on DSK3GDR082PROD with PROPOSALS

for the implementation, maintenance, enforcement of the new or revised below. For comprehensive information
and enforcement of each NAAQS NAAQS. EPA has historically referred to on these NAAQS, please refer to the
promulgated by EPA, commonly these SIP submissions made for the Federal Register notices cited in the
referred to as an ‘‘infrastructure SIP.’’ purpose of satisfying the requirements following subsections.
Specifically, EPA is proposing to of sections 110(a)(1) and 110(a)(2) as
conditionally approve the prong 4 ‘‘infrastructure SIP’’ submissions. a. 2010 1-Hour NO2 NAAQS
portions of Tennessee’s March 13, 2014, Sections 110(a)(1) and (2) require states On January 22, 2010, EPA established
2010 1-hour NO2 and 2010 1-hour SO2 to address basic SIP elements such as a new 1-hour primary NAAQS for NO2
infrastructure SIP submission and for monitoring, basic program at a level of 100 parts per billion, based

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Document Created: 2017-03-02 00:09:18
Document Modified: 2017-03-02 00:09:18

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.
Dates		Written comments must be received no later than 11:59 p.m. Eastern Time on April 3, 2017.
Contact		Anna Chauvet, Assistant General Counsel, by email at [email protected], or by telephone at 202-707-8350.
FR Citation		82 FR 12326

82 FR 12326 - Disruption of Copyright Office Electronic Systems

LIBRARY OF CONGRESSU.S. Copyright Office

Federal Register Volume 82, Issue 40 (March 2, 2017)

LIBRARY OF CONGRESS
U.S. Copyright Office