82 FR 29410 - Group Registration of Contributions to Periodicals
LIBRARY OF CONGRESS
U.S. Copyright Office Federal Register Volume 82, Issue 124 (June 29, 2017)
U.S. Copyright Office
Federal Register Volume 82, Issue 124 (June 29, 2017)
| Page Range | 29410-29414 | |
| FR Document | 2017-13548 |
[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)] [Rules and Regulations] [Pages 29410-29414] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13548] [[Page 29410]] ----------------------------------------------------------------------- LIBRARY OF CONGRESS U.S. Copyright Office 37 CFR Parts 201 and 202 [Docket No. 2016-8] Group Registration of Contributions to Periodicals AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The United States Copyright Office is modernizing its registration practices to increase the efficiency of the registration process for both the Office and copyright owners. To further these efforts, this final rule adopts modifications to the Office's procedures for group registration for contributions to periodicals. Specifically, the Office adopts a new requirement that applicants seeking copyright registrations for groups of contributions to periodicals must submit applications through the Office's electronic registration system; modifies the deposit requirement by requiring applicants to submit their contributions in a digital format and to upload those files through the electronic system; clarifies the eligibility requirements; and alters the administrative classes used for such registrations. DATES: Effective July 31, 2017. FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, or Erik Bertin, Deputy Director of Registration Policy and Practice, by telephone at 202-707-8040, or Emma Raviv, Barbara A. Ringer Fellow, by telephone at 202-707-3246. SUPPLEMENTARY INFORMATION: I. Background On December 1, 2016, the Copyright Office (the ``Office'') published a Notice of Proposed Rulemaking (``NPRM'') setting forth proposed regulatory amendments designed to make the procedure for group registration of contributions to periodicals (``GRCP'') more efficient. See 81 FR 86634 (Dec. 1, 2016). By statute, the Office is required to provide for ``a single registration for a group of works by the same individual author, all first published as contributions to periodicals, including newspapers, within a twelve-month period, on the basis of a single deposit, application, and registration fee, under the following conditions--(A) if the deposit consists of one copy of the entire issue of the periodical, or of the entire section in the case of a newspaper, in which each contribution was first published; and (B) if the application identifies each work separately, including the periodical containing it and its date of first publication.'' 17 U.S.C. 408(c)(2); see also 37 CFR 202.3(b)(8). The NPRM encompassed--and explained in detail the rationale for-- four major changes to the GRCP registration procedure. First, the NPRM proposed amending the regulations to require applicants to register their contributions through the Office's electronic registration system (instead of submitting a paper application). Second, it proposed modifying the deposit requirements for this option by requiring applicants to submit a digital copy of each contribution and to upload these copies through the electronic registration system (instead of submitting a physical copy of each contribution).\1\ Third, the NPRM proposed a modification requiring applicants to register their contributions either in Class TX or Class VA (but not Class PA), and to identify the date of publication for each contribution and the periodical where each contribution was first published. Fourth, the NPRM proposed modifying the eligibility criteria for the GRCP option by providing a more specific definition of the term ``periodical,'' and by specifically requiring the contributions to be owned by the same copyright claimant. --------------------------------------------------------------------------- \1\ Although the statute specifies the specific kinds of deposit the Office must accept for the group option for contributions to periodicals--i.e., ``one copy of the entire issue of the periodical, or of the entire section in the case of a newspaper, in which each contribution was first published''--the NPRM also explained how, consistent with the overall statutory scheme, the Office may accept deposits other than those set forth in that provision. 81 FR at 86640. No commenter took issue with the Office's interpretation of its authority to expand the deposits that may be accepted under this group registration option. --------------------------------------------------------------------------- Authors Guild (``AG'') and National Writers Union (``NWU'') both submitted comments in response to the NPRM.\2\ The commenters took no issue with the Office's proposal to issue all GRCP registrations in either Class TX or Class VA,\3\ or the requirement that the contributions must be owned by the same claimant. Commenters did express some concerns regarding the shift to online-only registration, as well as some additional concerns regarding technical aspects of the proposed rules, which are addressed below. Having reviewed and carefully considered the comments received, bearing on the two other changes, the Office now issues a final rule that closely follows the proposed rule, with some alterations in response to the comments, as discussed below.\4\ --------------------------------------------------------------------------- \2\ The comments received in response to the NPRM can be found on the Copyright Office's Web site at https://www.copyright.gov/rulemaking/grcp/. \3\ AG supported this proposal outright. AG Comments at 2. \4\ The final rule makes a few technical amendments to the rule as proposed: The rule will appear in Sec. 202.4(g), rather than Sec. 202.4(h) of the regulations, and the statutory definitions for ``compilation'' and ``derivative work'' have been incorporated by reference. --------------------------------------------------------------------------- II. Discussion of Comments A. Online Filing Requirement After this final rule goes into effect, GRCP applicants will be required to use an online application specifically designed for GRCP as a condition for using this group option. The Office will no longer accept groups of contributions that are submitted with a paper application on Form TX, Form VA, Form PA, or Form GR/CP. AG stated that it welcomed the introduction of an online application and predicted that it would ``greatly increase the efficiency of the registration process,'' create a more robust and easily-searchable public record, and for most authors will likely become the preferred mode for seeking a group registration. AG Comments at 1-2, 4. However, AG expressed concern that many authors are ``well- accustomed'' to the paper application or may not have access to broadband Internet service. AG Comments at 2. AG stated that the Office should gauge the demand for the paper application before issuing a final rule,\5\ and then gradually phase out the application after a specified period of time while providing adequate notice during the phase-out period. If the Office determined that a cognizable number of authors prefer to use the paper application, AG recommended that the Office continue to offer this form and offer ``special dispensation'' from the online filing requirement ``on a case by case basis.'' Id. --------------------------------------------------------------------------- \5\ Authors Guild filed comments on behalf of its 9,000 members but apparently did not poll these individuals to determine if they would prefer to use a paper application or if they have Internet access. --------------------------------------------------------------------------- NWU, too, opposed the online filing requirement and urged the Office to retain the paper application, contending that the proposed rule would increase the burden on writers who use the group option. NWU Comments at 4. The Office considered AG's and NWU's concerns, but has decided to implement the online application requirement and eliminate the paper application, with some exceptions and new resources in place to assist applicants. When the final rule goes into effect, applicants generally will be required to use the online application in [[Page 29411]] order to seek a group registration for contributions to periodicals. Paper applications submitted on Form TX or VA with Form GR/CP will not be accepted. The Office recognizes, however, that authors are accustomed to using the paper application. To ease the transition to the online application, the Office is developing several new resources. The Office will revise chapters 1100 and 1400 of the Compendium of U.S. Copyright Office Practices, Third Edition (hereinafter ``Compendium''), which summarize the procedures for issuing registrations under this group option. The Office is also preparing a new circular which provides a general introduction to GRCP. The Office has added a notice to the instructions for Form GR/CP indicating that this form may not be used once the final rule goes into effect. In addition, a provision has been added to the final rule permitting the Office to waive the online filing requirement in ``an exceptional case'' and ``subject to such conditions as the Associate Register and Director of the Office of Registration Policy and Practice may impose on the applicant.'' Authors who do not have Internet access and are unable to use the online application may contact the Office, and the Office will review the specific details of their cases and determine their eligibility. The Office will then make accommodations for applicants who receive a waiver under this provision. One accommodation that the Office plans to implement will be to allow such applicants to contact the Public Information Office (``PIO'') by telephone for assistance in filling out the application. A member of the staff will ask the applicant to provide the information that is called for in the application, such as the titles of the works and the periodicals containing them, the volume or issue numbers and pages on which the contributions appeared, and the dates of first publication. PIO staff will enter this information into the electronic registration system. Then they will print a copy of the application and mail it to the applicant for his or her review. If the applicant approves the draft, he or she will sign the application and mail it back to the Office, along with a check to cover the filing fee. In providing this service, members of the PIO staff are not providing legal advice; their assistance is merely a service for convenience, and applicants remain responsible for providing accurate and complete information in their applications. Applicants should be aware that if they use this option, the effective date for their group registration will be based on the date that the signed application, the filing fee, and deposits are received. At this time, the Office does not intend to charge an additional fee for applicants who submit applications with the assistance of PIO. The Office will track the number of applicants who use this option and the amount of time needed to handle these requests. The Office will use this information in conducting its next fee study. B. Deposit Requirements The final rule states that applicants must submit a complete copy of each contribution that is included in the group, and may satisfy this requirement by submitting one copy of the entire issue of the periodical in which the contribution was first published, the entire section of a newspaper in which the contribution was first published, or just a copy of the contribution in the precise form in which it was first published in the periodical (i.e., a copy of the particular pages within the periodical where the contribution was first published). These submissions must be digital copies in Portable Document Format (``PDF''), JPEG format, or other electronic format specifically approved by the Office, and must be submitted through the electronic registration system. AG agreed that requiring applicants to upload a copy of their works in a digital format would increase the efficiency of the group registration option. AG Comments at 4. But AG expressed concern that this may be ``overly burdensome'' for authors ``who have not made the complete transition from analog to digital.'' Id. NWU also objected to this proposal. NWU contended that authors would need ``PDF creation software and a flatbed scanner with a platen large enough to scan entire pages of a magazine or newspaper.'' NWU Comments at 7. NWU contended that this type of equipment is expensive and that authors who live outside major metropolitan areas may not have access to a copy shop with a scanner large enough to create a PDF of an entire page from the newspaper. Id. To avoid this burden, NWU urged the Office to allow authors to submit their works in a hard copy form, or alternatively, to eliminate the deposit requirement altogether. Id. at 8-9.\6\ --------------------------------------------------------------------------- \6\ NWU notes that many authors ``create and submit their works to periodicals in word processor, text, or HTML file formats, not as the PDF files or page images required by the proposed rules,'' but does not suggest that the version of a work as submitted to the publisher would suffice. See NWU Comments at 6. In many cases these works are further edited by the publisher after being received from the author. And as noted in the NPRM, a copy of the work in the precise form it was published provides better proof that the work was indeed published in a periodical. 81 FR at 86640. --------------------------------------------------------------------------- As a preliminary matter, the Office notes that many periodicals publish electronic replicas of their periodicals in downloadable or printable format.\7\ It may also be possible for authors to obtain a digital copy in the precise form it was published in the periodical from the periodical publisher directly. As for NWU's contention that special equipment would be needed to create a PDF copy of a contribution that appeared in a magazine or newspaper, the Office notes that even standard home office equipment will generate an acceptable deposit. Most magazines fit comfortably on a multi-function printer or scanner capable of copying a page sized 8\1/2\ x 11'' or 11 x 17''-- machines many applicants already possess, or can access at a local library or copy shop. And a newspaper could be scanned simply by folding the page in half and scanning the upper and lower portion of that page. --------------------------------------------------------------------------- \7\ See, e.g., the Washington Post's e-Replica edition, at http://thewashingtonpost.pressreader.com/the-washington-post. With a subscription, a person can right-click on any article and print it; some browsers, including Google Chrome, will allow you to ``print'' the article as a PDF file. --------------------------------------------------------------------------- Even a scanner is not necessary to generate an acceptable file. The vast majority of the U.S. population owns a cell phone; as of 2016, Pew Research Center estimated that 77% of American adults owned a smartphone, and that number continues to rise.\8\ Most smartphones contain a camera that can be used to take a photograph and save that image as an electronic file; indeed, 95% of cameras sold in 2014 were smartphone cameras.\9\ In addition, there are many free apps that permit a smartphone camera to be used as a PDF scanner.\10\ Thus, even if an author does not have access to a household scanner, and does not have access to a local merchant or library that provides [[Page 29412]] scanning services, he or she can take a digital photograph or scan of that excerpt and submit it as the deposit, so long as the work is legible. --------------------------------------------------------------------------- \8\ See Aaron Smith, Record shares of Americans now own smartphones, have home broadband, Pew Research Center (Jan. 12, 2017), http://www.pewresearch.org/fact-tank/2017/01/12/evolution-of-technology/. \9\ Tomi T. Ahonen, Camera Stats: World has 5.8B Cameras by 4B Unique Camera Owners: 89% of camera owners use a cameraphone to take pictures; This year first time 1 Trillion pictures are taken, Communities Dominate Brands Blog (Aug. 11, 2014), http://communitiesdominate.blogs.com/brands/2014/08/camera-stats-world-has-48b-cameras-by-4b-unique-camera-owners-88-of-them-use-cameraphone-to-take-pic.html. \10\ Sarah Mitroff, The best scanning apps for Android and iPhone, CNET (Sept. 8, 2015), https://www.cnet.com/how-to/best-scanning-apps-for-android-and-iphone/. --------------------------------------------------------------------------- To facilitate the use of these various options, the final rule clarifies that applicants may upload an electronic copy of their works in any of the formats listed on the Office's Web site. The list includes PDF as well as common formats used in digital photography such as .jpg and .tiff. See eCO Acceptable File Types, U.S. Copyright Office, https://www.copyright.gov/eco/help-file-types.html. The Office recognizes that there may be rare cases where an author does not have access to any of these resources. The Office also recognizes AG's concerns that some authors may not be comfortable using this type of technology even if it is readily available. The final rule addresses these concerns by clarifying, as mentioned in the NPRM, that applicants may request special relief under Sec. 202.20(d) if they are unable to comply with the deposit requirements for this group option. The Office, however, is unable to eliminate the deposit requirement entirely, as NWU recommends. NWU Comments at 8. NWU notes that electronic works published in the United States and available only online have been exempted ``from the general deposit requirement.'' Id. at 13. NWU contends that the Register of Copyrights has similar authority to exempt online works from the deposit requirement for registration. Id. NWU appears to confuse mandatory deposit under section 407 with the deposit requirement for registration under section 408. The Register has the statutory authority under section 407(c) to exempt certain categories of works from mandatory deposit, and recently created a broad exemption for online works. The Register also has the authority under section 408(c)(1) to specify the nature of the copies or phonorecords to be submitted for registration. But the Register does not have the authority to waive the registration deposit requirement altogether. NWU also contends that the Office's application forms have not been submitted to the Office of Management and Budget for approval under the Paperwork Reduction Act, citing 44 U.S.C. 3507. Id. at 7. These requirements do not apply to the Office; the Office is a component of the Library of Congress, which is not an agency ``in the executive branch of the Government'' under that statute. 44 U.S.C. 3502(1); see Ethnic Employees of the Library of Congress v. Boorstin, 751 F.2d 1405, 1416 n.15 (D.C. Cir. 1985) (noting that the Library of Congress is not subject to the Administrative Procedure Act or the Freedom of Information Act).\11\ --------------------------------------------------------------------------- \11\ The Copyright Office is subject to the APA and FOIA only because there is a specific statutory provision in title 17 providing so, although it carves out certain actions from the scope of even those provisions. See 17 U.S.C. 701(e). There is no equivalent provision specifically rendering the Copyright Office subject to the Paperwork Reduction Act. --------------------------------------------------------------------------- C. Definition of ``Periodical'' The NPRM proposed a definition of ``periodical'' consistent with the one that has appeared in in the Compendium since December 22, 2014. It states that a periodical is a collective work that is issued or intended to be issued on an established schedule in successive issues that are intended to be continued indefinitely. It also recognizes that each issue of a periodical usually bears the same title, as well as numerical or chronological designations.\12\ See Compendium, section 1115.1; 37 CFR 202.3(b)(1)(v); 56 FR 7812, 7813 (Feb. 26, 1991). Contributions to an electronically printed (``ePrint'') publication may be registered under GRCP if that publication fits within the regulatory definition of a ``periodical.'' The NPRM clarified that a Web site would not be considered a periodical, since they may be updated on a continual basis rather than on an established schedule. --------------------------------------------------------------------------- \12\ The proposed rule provided examples of the types of publications that typically qualify as a periodical, such as newspapers, newsletters, magazines, annuals, and other similar works. 81 FR at 86643. To avoid confusion, the Office decided not to include these examples in the final rule, because those examples may not always qualify as ``periodicals.'' For instance, a weekly ``newsletter'' consisting of a single article written by a single author would not be a ``collective work,'' and thus would not qualify as a periodical. --------------------------------------------------------------------------- AG objects to this definition, calling the distinction between ``ePrint'' publications and Web sites ``arbitrary.'' AG Comments at 3. AG is concerned that the distinction ``would have the effect of disqualifying a great number of electronically-published works from GRCP eligibility.'' Id. Specifically, AG notes that nearly all news sites on the internet are updated ``on a continual basis,'' and as such, contributions to those would not be eligible for GRCP. Id. The Office has considered these concerns, but notes that at this time, GRCP is a group registration option intended for a specific class of copyrightable works--one that is specifically mandated by the Copyright Act. When developing its priorities for future upgrades to the electronic registration system, the Office will take these concerns into account. Finally, AG states that the Office should not ``restrict the definition [of ``periodical''] to works that bear the same `numerical or chronological designations.' '' Id. The rule here is not as restrictive as AG suggests. It offers only guidance that ``in most cases,'' periodicals will bear those designations. Sec. 202.4(g)(4) (emphasis added). Where a periodical does not bear those designations, but otherwise bears the features of a periodical, the Office is likely to conclude that it falls within the definition. In a similar vein, NWU seeks a new group registration method for contributions to Web sites, as well as other categories of works. Specifically, NWU submitted a petition urging the Office to create additional group registration options for the following categories of works: ``(a) Multiple works first distributed electronically on multiple dates, regardless of whether they constitute contributions to periodicals or a database and regardless of whether they might be deemed to have been, at the time of registration, published or unpublished, and (b) multiple works that would otherwise be eligible for group registration except that they were not first published as contributions to periodicals.'' NWU Comments at 4, 11-12. The Office is considering the NWU's requests and will take them into account when developing its priorities for future upgrades to the electronic registration system. D. Additional Objections NWU raises an additional objection to the proposed rule. NWU contends that requiring authors to register their works in a timely manner and to deposit a copy of the work with the Office as a condition for filing an infringement action or seeking attorneys' fees or statutory damages constitutes an impermissible formality that is prohibited by the Berne Convention. They also contend that these statutory requirements deny authors an ``effective remedy'' for infringement, which is required by the WIPO Copyright Treaty. NWU Comments at 4-5. Although the Office does not agree that these requirements violate Berne or the WCT, this rulemaking is not the proper forum in which to address these concerns in detail. The statutory requirements that NWU complains of are part of the Copyright Act and the Office cannot create exceptions to them as part of this rulemaking. List of Subjects in 37 CFR Parts 201 and 202 Copyright. [[Page 29413]] Final Regulations For the reasons set forth in the preamble, the Copyright Office amends 37 CFR parts 201 and 202 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. In Sec. 201.3, revise paragraph (c)(2) to read as follows: Sec. 201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Division. * * * * * (c) * * * ------------------------------------------------------------------------ ------------------------------------------------------------------------ (2) Registration of a claim in a group of contributions 85 to periodicals or a group of database updates.......... ------------------------------------------------------------------------ * * * * * 0 3. Amend Sec. 201.7 as follows: 0 a. In the last sentence in paragraph (c)(4) introductory text, add the phrase ``examples of'' after the phrase ``The following are''. 0 b. In paragraph (c)(4)(i), remove the semicolon and add a period in its place. 0 c. In paragraph (c)(4)(ii), remove ``1989,'' and add in its place ``1989'' and remove ``notice;'' and add in its place ``notice.'' . 0 d. In paragraphs (c)(4)(iii) through (viii), remove the semicolon and add a period in its place. 0 e. Remove paragraph (c)(4)(ix) and redesignate paragraphs (c)(4)(x) and (xi) as paragraphs (c)(4)(ix) and (x), respectively. 0 f. In newly redesignated paragraph (c)(4)(ix), remove the term ``; and '' and add a period in its place. 0 g. Add new paragraph (c)(4)(xi). The addition reads as follows: Sec. 201.7 Cancellation of completed registrations. * * * * * (c) * * * (4) * * * (xi) The requirements for registering a group of related works under section 408(c) of title 17 of the United States Code have not been met. * * * * * PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT 0 4. The authority citation for part 202 continues to read as follows: Authority: 17 U.S.C. 408(f), 702. 0 5. Amend Sec. 202.3 as follows: 0 a. Revise paragraph (b)(4)(ii). 0 b. Remove and reserve paragraph (b)(8). 0 c. In paragraph (b)(11)(ii), redesignate footnote 4 as footnote 2. 0 d. In paragraph (c)(2) introductory text, remove the reference to footnote ``6'' and add the phrase ``or Sec. 202.4, as applicable'' at the end of the second sentence. 0 e. In paragraph (c)(2)(iv), remove footnote 5. 0 f. Designate the undesignated sentence following paragraph (c)(2)(iv) as paragraph (c)(3). The revision read as follows: Sec. 202.3 Registration of copyright. * * * * * (b) * * * (4) * * * (ii) In the case of an application for registration made under paragraphs (b)(4) through (10) of this section or under Sec. 202.4, the ``year of creation,'' ``year of completion,'' or ``year in which creation of this work was completed'' means the latest year in which the creation of any copyrightable element was completed. * * * * * 0 6. Add Sec. 202.4 to read as follows: Sec. 202.4 Group registration. (a) General. This section prescribes conditions for issuing a registration for a group of related works under section 408(c) of title 17 of the United States Code. (b) Definitions. For purposes of this section, the terms compilation, collective work, copy, derivative work, and work made for hire have the meanings set forth in section 101 of title 17 of the United States Code, and the terms claimant, Class TX, Class VA, and works of the visual arts have the meanings set forth in Sec. 202.3(a)(3) and (b)(1)(i) and (iii). (c) [Reserved] (d) [Reserved] (e) [Reserved] (f) [Reserved] (g) Group registration of contributions to periodicals. Pursuant to the authority granted by 17 U.S.C. 408(c)(2), the Register of Copyrights has determined that a group of contributions to periodicals may be registered in Class TX or Class VA with one application, one filing fee, and the required deposit, if the following conditions are met: (1) All the contributions in the group must be created by the same individual. (2) The copyright claimant must be the same person or organization for all the contributions. (3) The contributions must not be works made for hire. (4) Each work must be first published as a contribution to a periodical, and all the contributions must be first published within a twelve-month period (e.g., January 1, 2015 through December 31, 2015; February 1, 2015 through January 31, 2016). For purposes of this section, a periodical is a collective work that is issued or intended to be issued on an established schedule in successive issues that are intended to be continued indefinitely. In most cases, each issue will bear the same title, as well as numerical or chronological designations. (5) If any of the contributions were first published before March 1, 1989, those works must bear a separate copyright notice, the notice must contain the copyright owner's name (or an abbreviation by which the name can be recognized, or a generally known alternative designation for the owner), and the name that appears in each notice must be the same. (6) The applicant must complete and submit the online application designated for a group of contributions to periodicals. The application must identify each contribution that is included in the group, including the date of publication for each contribution and the periodical in which it was first published. The application may be submitted by any of the parties listed in Sec. 202.3(c)(1). The application should be filed in Class TX if a majority of the contributions predominantly consist of text, and the application should be filed in Class VA if a majority of the contributions predominantly consist of photographs, illustrations, artwork, or other works of the visual arts. (7) The appropriate filing fee, as required by Sec. 201.3(c) of this chapter, must be included with the application or charged to an active deposit account. (8) The applicant must submit one copy of each contribution that is included in the group, either by submitting the entire issue of the periodical where the contribution was first published, the entire section of the newspaper where it was first published, or the specific page(s) from the periodical where the contribution was first published. The contributions must [[Page 29414]] be contained in separate electronic files that comply with Sec. 202.20(b)(2)(iii). The files must be submitted in a PDF, JPG, or other electronic format approved by the Office, and they must be uploaded to the electronic registration system, preferably in a .zip file containing all the files. The file size for each uploaded file must not exceed 500 megabytes; the files may be compressed to comply with this requirement. (9) In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (g)(6) of this section or may grant special relief from the deposit requirement under Sec. 202.20(d), subject to such conditions as the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose on the applicant. (h) [Reserved] (i) [Reserved] (j) [Reserved] (k) Refusal to register. The Copyright Office may refuse registration if the applicant fails to satisfy the requirements for registering a group of related works under this section or Sec. 202.3(b)(5) through (7), (9), or (10). (l) Cancellation. If the Copyright Office issues a registration for a group of related works and subsequently determines that the requirements for that group option have not been met, and if the claimant fails to cure the deficiency after being notified by the Office, the registration may be cancelled in accordance with Sec. 201.7 of this chapter. (m) The scope of a group registration. When the Office issues a group registration under paragraph (g) of this section, the registration covers each work in the group and each work is registered as a separate work. For purposes of registration, the group as a whole is not considered a compilation, a collective work, or a derivative work under sections 101, 103(b), or 504(c)(1) of title 17 of the United States Code. Sec. 202.20 [Amended] 0 7. Amend Sec. 202.20 as follows: 0 a. In paragraph (d)(1)(i), remove ``section;'' and add in its place ``section; or'' . 0 b. In paragraph (d)(1)(iii), remove ``section; or'' and add in its place ``section or Sec. 202.4; or'' . 0 c. In paragraph (d)(1)(iv), remove ``Sec. 202.21.'' and add in its place ``Sec. 202.4 or Sec. 202.21.''. Dated: May 31, 2017. Karyn Temple Claggett, Acting Register of Copyrights and Director of the U.S. Copyright Office. Approved by: Carla D. Hayden, Librarian of Congress. [FR Doc. 2017-13548 Filed 6-28-17; 8:45 am] BILLING CODE 1410-30-P
![29410 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
LIBRARY OF CONGRESS newspaper, in which each contribution received, bearing on the two other
was first published; and (B) if the changes, the Office now issues a final
U.S. Copyright Office application identifies each work rule that closely follows the proposed
separately, including the periodical rule, with some alterations in response
37 CFR Parts 201 and 202 containing it and its date of first to the comments, as discussed below.4
[Docket No. 2016–8] publication.’’ 17 U.S.C. 408(c)(2); see
II. Discussion of Comments
also 37 CFR 202.3(b)(8).
Group Registration of Contributions to The NPRM encompassed—and A. Online Filing Requirement
Periodicals explained in detail the rationale for— After this final rule goes into effect,
four major changes to the GRCP GRCP applicants will be required to use
AGENCY: U.S. Copyright Office, Library registration procedure. First, the NPRM an online application specifically
of Congress. proposed amending the regulations to designed for GRCP as a condition for
ACTION: Final rule. require applicants to register their using this group option. The Office will
contributions through the Office’s no longer accept groups of contributions
SUMMARY: The United States Copyright electronic registration system (instead of
Office is modernizing its registration that are submitted with a paper
submitting a paper application). Second, application on Form TX, Form VA,
practices to increase the efficiency of it proposed modifying the deposit
the registration process for both the Form PA, or Form GR/CP.
requirements for this option by AG stated that it welcomed the
Office and copyright owners. To further requiring applicants to submit a digital introduction of an online application
these efforts, this final rule adopts copy of each contribution and to upload and predicted that it would ‘‘greatly
modifications to the Office’s procedures these copies through the electronic increase the efficiency of the registration
for group registration for contributions registration system (instead of process,’’ create a more robust and
to periodicals. Specifically, the Office submitting a physical copy of each easily-searchable public record, and for
adopts a new requirement that contribution).1 Third, the NPRM most authors will likely become the
applicants seeking copyright proposed a modification requiring preferred mode for seeking a group
registrations for groups of contributions applicants to register their contributions registration. AG Comments at 1–2, 4.
to periodicals must submit applications either in Class TX or Class VA (but not However, AG expressed concern that
through the Office’s electronic Class PA), and to identify the date of many authors are ‘‘well-accustomed’’ to
registration system; modifies the deposit publication for each contribution and
the paper application or may not have
requirement by requiring applicants to the periodical where each contribution
access to broadband Internet service. AG
submit their contributions in a digital was first published. Fourth, the NPRM
Comments at 2. AG stated that the
format and to upload those files through proposed modifying the eligibility
Office should gauge the demand for the
the electronic system; clarifies the criteria for the GRCP option by
paper application before issuing a final
eligibility requirements; and alters the providing a more specific definition of
rule,5 and then gradually phase out the
administrative classes used for such the term ‘‘periodical,’’ and by
application after a specified period of
registrations. specifically requiring the contributions
time while providing adequate notice
DATES: Effective July 31, 2017. to be owned by the same copyright
during the phase-out period. If the
claimant.
FOR FURTHER INFORMATION CONTACT: Authors Guild (‘‘AG’’) and National Office determined that a cognizable
Robert J. Kasunic, Associate Register of Writers Union (‘‘NWU’’) both submitted number of authors prefer to use the
Copyrights and Director of Registration comments in response to the NPRM.2 paper application, AG recommended
Policy and Practice, or Erik Bertin, The commenters took no issue with the that the Office continue to offer this
Deputy Director of Registration Policy Office’s proposal to issue all GRCP form and offer ‘‘special dispensation’’
and Practice, by telephone at 202–707– registrations in either Class TX or Class from the online filing requirement ‘‘on
8040, or Emma Raviv, Barbara A. Ringer VA,3 or the requirement that the a case by case basis.’’ Id.
Fellow, by telephone at 202–707–3246. contributions must be owned by the NWU, too, opposed the online filing
SUPPLEMENTARY INFORMATION: same claimant. Commenters did express requirement and urged the Office to
some concerns regarding the shift to retain the paper application, contending
I. Background that the proposed rule would increase
online-only registration, as well as some
On December 1, 2016, the Copyright additional concerns regarding technical the burden on writers who use the
Office (the ‘‘Office’’) published a Notice aspects of the proposed rules, which are group option. NWU Comments at 4.
of Proposed Rulemaking (‘‘NPRM’’) The Office considered AG’s and
addressed below. Having reviewed and
setting forth proposed regulatory NWU’s concerns, but has decided to
carefully considered the comments
amendments designed to make the implement the online application
procedure for group registration of 1 Although the statute specifies the specific kinds
requirement and eliminate the paper
contributions to periodicals (‘‘GRCP’’) of deposit the Office must accept for the group application, with some exceptions and
more efficient. See 81 FR 86634 (Dec. 1, option for contributions to periodicals—i.e., ‘‘one new resources in place to assist
copy of the entire issue of the periodical, or of the applicants. When the final rule goes into
2016). By statute, the Office is required entire section in the case of a newspaper, in which
to provide for ‘‘a single registration for each contribution was first published’’—the NPRM
effect, applicants generally will be
a group of works by the same individual also explained how, consistent with the overall required to use the online application in
author, all first published as statutory scheme, the Office may accept deposits
other than those set forth in that provision. 81 FR 4 The final rule makes a few technical
contributions to periodicals, including at 86640. No commenter took issue with the Office’s amendments to the rule as proposed: The rule will
newspapers, within a twelve-month
nlaroche on DSK30NT082PROD with RULES
interpretation of its authority to expand the appear in § 202.4(g), rather than § 202.4(h) of the
period, on the basis of a single deposit, deposits that may be accepted under this group regulations, and the statutory definitions for
application, and registration fee, under registration option. ‘‘compilation’’ and ‘‘derivative work’’ have been
2 The comments received in response to the incorporated by reference.
the following conditions—(A) if the
NPRM can be found on the Copyright Office’s Web 5 Authors Guild filed comments on behalf of its
deposit consists of one copy of the site at https://www.copyright.gov/rulemaking/grcp/. 9,000 members but apparently did not poll these
entire issue of the periodical, or of the 3 AG supported this proposal outright. AG individuals to determine if they would prefer to use
entire section in the case of a Comments at 2. a paper application or if they have Internet access.
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![29412 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
scanning services, he or she can take a not subject to the Administrative ‘‘periodical’’] to works that bear the
digital photograph or scan of that Procedure Act or the Freedom of same ‘numerical or chronological
excerpt and submit it as the deposit, so Information Act).11 designations.’ ’’ Id. The rule here is not
long as the work is legible. as restrictive as AG suggests. It offers
To facilitate the use of these various C. Definition of ‘‘Periodical’’
only guidance that ‘‘in most cases,’’
options, the final rule clarifies that The NPRM proposed a definition of periodicals will bear those designations.
applicants may upload an electronic ‘‘periodical’’ consistent with the one § 202.4(g)(4) (emphasis added). Where a
copy of their works in any of the formats that has appeared in in the periodical does not bear those
listed on the Office’s Web site. The list Compendium since December 22, 2014. designations, but otherwise bears the
includes PDF as well as common It states that a periodical is a collective features of a periodical, the Office is
formats used in digital photography work that is issued or intended to be likely to conclude that it falls within the
such as .jpg and .tiff. See eCO issued on an established schedule in definition.
Acceptable File Types, U.S. Copyright successive issues that are intended to be
Office, https://www.copyright.gov/eco/ continued indefinitely. It also In a similar vein, NWU seeks a new
help-file-types.html. recognizes that each issue of a group registration method for
The Office recognizes that there may periodical usually bears the same title, contributions to Web sites, as well as
be rare cases where an author does not as well as numerical or chronological other categories of works. Specifically,
have access to any of these resources. designations.12 See Compendium, NWU submitted a petition urging the
The Office also recognizes AG’s section 1115.1; 37 CFR 202.3(b)(1)(v); 56 Office to create additional group
concerns that some authors may not be FR 7812, 7813 (Feb. 26, 1991). registration options for the following
comfortable using this type of Contributions to an electronically categories of works: ‘‘(a) Multiple works
technology even if it is readily available. printed (‘‘ePrint’’) publication may be first distributed electronically on
The final rule addresses these concerns registered under GRCP if that multiple dates, regardless of whether
by clarifying, as mentioned in the publication fits within the regulatory they constitute contributions to
NPRM, that applicants may request definition of a ‘‘periodical.’’ The NPRM periodicals or a database and regardless
special relief under § 202.20(d) if they clarified that a Web site would not be of whether they might be deemed to
are unable to comply with the deposit considered a periodical, since they may have been, at the time of registration,
requirements for this group option. be updated on a continual basis rather published or unpublished, and (b)
The Office, however, is unable to than on an established schedule. multiple works that would otherwise be
eliminate the deposit requirement AG objects to this definition, calling eligible for group registration except
entirely, as NWU recommends. NWU the distinction between ‘‘ePrint’’ that they were not first published as
Comments at 8. NWU notes that publications and Web sites ‘‘arbitrary.’’ contributions to periodicals.’’ NWU
electronic works published in the AG Comments at 3. AG is concerned Comments at 4, 11–12. The Office is
United States and available only online that the distinction ‘‘would have the considering the NWU’s requests and
have been exempted ‘‘from the general effect of disqualifying a great number of will take them into account when
deposit requirement.’’ Id. at 13. NWU electronically-published works from developing its priorities for future
contends that the Register of Copyrights GRCP eligibility.’’ Id. Specifically, AG upgrades to the electronic registration
has similar authority to exempt online notes that nearly all news sites on the system.
works from the deposit requirement for internet are updated ‘‘on a continual
registration. Id. NWU appears to confuse basis,’’ and as such, contributions to D. Additional Objections
mandatory deposit under section 407 those would not be eligible for GRCP.
NWU raises an additional objection to
with the deposit requirement for Id. The Office has considered these
concerns, but notes that at this time, the proposed rule. NWU contends that
registration under section 408. The
GRCP is a group registration option requiring authors to register their works
Register has the statutory authority
intended for a specific class of in a timely manner and to deposit a
under section 407(c) to exempt certain
categories of works from mandatory copyrightable works—one that is copy of the work with the Office as a
deposit, and recently created a broad specifically mandated by the Copyright condition for filing an infringement
exemption for online works. The Act. When developing its priorities for action or seeking attorneys’ fees or
Register also has the authority under future upgrades to the electronic statutory damages constitutes an
section 408(c)(1) to specify the nature of registration system, the Office will take impermissible formality that is
the copies or phonorecords to be these concerns into account. prohibited by the Berne Convention.
submitted for registration. But the Finally, AG states that the Office They also contend that these statutory
Register does not have the authority to should not ‘‘restrict the definition [of requirements deny authors an ‘‘effective
waive the registration deposit remedy’’ for infringement, which is
requirement altogether. NWU also 11 The Copyright Office is subject to the APA and required by the WIPO Copyright Treaty.
contends that the Office’s application FOIA only because there is a specific statutory NWU Comments at 4–5. Although the
provision in title 17 providing so, although it carves Office does not agree that these
forms have not been submitted to the out certain actions from the scope of even those
Office of Management and Budget for provisions. See 17 U.S.C. 701(e). There is no requirements violate Berne or the WCT,
approval under the Paperwork equivalent provision specifically rendering the this rulemaking is not the proper forum
Copyright Office subject to the Paperwork in which to address these concerns in
Reduction Act, citing 44 U.S.C. 3507. Id. Reduction Act.
at 7. These requirements do not apply 12 The proposed rule provided examples of the
detail. The statutory requirements that
to the Office; the Office is a component types of publications that typically qualify as a NWU complains of are part of the
of the Library of Congress, which is not periodical, such as newspapers, newsletters, Copyright Act and the Office cannot
nlaroche on DSK30NT082PROD with RULES
magazines, annuals, and other similar works. 81 FR create exceptions to them as part of this
an agency ‘‘in the executive branch of at 86643. To avoid confusion, the Office decided
the Government’’ under that statute. 44 not to include these examples in the final rule,
rulemaking.
U.S.C. 3502(1); see Ethnic Employees of because those examples may not always qualify as
List of Subjects in 37 CFR Parts 201 and
‘‘periodicals.’’ For instance, a weekly ‘‘newsletter’’
the Library of Congress v. Boorstin, 751 consisting of a single article written by a single 202
F.2d 1405, 1416 n.15 (D.C. Cir. 1985) author would not be a ‘‘collective work,’’ and thus
(noting that the Library of Congress is would not qualify as a periodical. Copyright.
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![Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations 29413
Final Regulations PART 201—GENERAL PROVISIONS § 201.3 Fees for registration, recordation,
and related services, special services, and
For the reasons set forth in the ■ 1. The authority citation for part 201 services performed by the Licensing
preamble, the Copyright Office amends continues to read as follows: Division.
37 CFR parts 201 and 202 as follows: Authority: 17 U.S.C. 702. * * * * *
■ 2. In § 201.3, revise paragraph (c)(2) to (c) * * *
read as follows:
(2) Registration of a claim in a group of contributions to periodicals or a group of database updates ............................................. 85
* * * * * ■ f. Designate the undesignated (4) Each work must be first published
■ 3. Amend § 201.7 as follows: sentence following paragraph (c)(2)(iv) as a contribution to a periodical, and all
■ a. In the last sentence in paragraph as paragraph (c)(3). the contributions must be first
(c)(4) introductory text, add the phrase The revision read as follows: published within a twelve-month period
‘‘examples of’’ after the phrase ‘‘The (e.g., January 1, 2015 through December
§ 202.3 Registration of copyright. 31, 2015; February 1, 2015 through
following are’’.
* * * * * January 31, 2016). For purposes of this
■ b. In paragraph (c)(4)(i), remove the
(b) * * * section, a periodical is a collective work
semicolon and add a period in its place. (4) * * *
■ c. In paragraph (c)(4)(ii), remove
that is issued or intended to be issued
(ii) In the case of an application for on an established schedule in
‘‘1989,’’ and add in its place ‘‘1989’’ and registration made under paragraphs
remove ‘‘notice;’’ and add in its place successive issues that are intended to be
(b)(4) through (10) of this section or continued indefinitely. In most cases,
‘‘notice.’’ . under § 202.4, the ‘‘year of creation,’’
■ d. In paragraphs (c)(4)(iii) through
each issue will bear the same title, as
‘‘year of completion,’’ or ‘‘year in which well as numerical or chronological
(viii), remove the semicolon and add a creation of this work was completed’’
period in its place. designations.
means the latest year in which the (5) If any of the contributions were
■ e. Remove paragraph (c)(4)(ix) and creation of any copyrightable element first published before March 1, 1989,
redesignate paragraphs (c)(4)(x) and (xi) was completed. those works must bear a separate
as paragraphs (c)(4)(ix) and (x), copyright notice, the notice must
* * * * *
respectively. contain the copyright owner’s name (or
■ f. In newly redesignated paragraph ■ 6. Add § 202.4 to read as follows:
an abbreviation by which the name can
(c)(4)(ix), remove the term ‘‘; and ’’ and § 202.4 Group registration. be recognized, or a generally known
add a period in its place. (a) General. This section prescribes alternative designation for the owner),
■ g. Add new paragraph (c)(4)(xi). and the name that appears in each
conditions for issuing a registration for
The addition reads as follows: a group of related works under section notice must be the same.
§ 201.7 Cancellation of completed 408(c) of title 17 of the United States (6) The applicant must complete and
registrations. Code. submit the online application
* * * * * (b) Definitions. For purposes of this designated for a group of contributions
section, the terms compilation, to periodicals. The application must
(c) * * *
collective work, copy, derivative work, identify each contribution that is
(4) * * *
and work made for hire have the included in the group, including the
(xi) The requirements for registering a
meanings set forth in section 101 of title date of publication for each contribution
group of related works under section
17 of the United States Code, and the and the periodical in which it was first
408(c) of title 17 of the United States
terms claimant, Class TX, Class VA, and published. The application may be
Code have not been met.
works of the visual arts have the submitted by any of the parties listed in
* * * * * meanings set forth in § 202.3(a)(3) and § 202.3(c)(1). The application should be
(b)(1)(i) and (iii). filed in Class TX if a majority of the
PART 202—PREREGISTRATION AND
(c) [Reserved] contributions predominantly consist of
REGISTRATION OF CLAIMS TO
(d) [Reserved] text, and the application should be filed
COPYRIGHT
(e) [Reserved] in Class VA if a majority of the
■ 4. The authority citation for part 202 (f) [Reserved] contributions predominantly consist of
continues to read as follows: (g) Group registration of contributions photographs, illustrations, artwork, or
to periodicals. Pursuant to the authority other works of the visual arts.
Authority: 17 U.S.C. 408(f), 702. granted by 17 U.S.C. 408(c)(2), the (7) The appropriate filing fee, as
■ 5. Amend § 202.3 as follows: Register of Copyrights has determined required by § 201.3(c) of this chapter,
■ a. Revise paragraph (b)(4)(ii). that a group of contributions to must be included with the application
■ b. Remove and reserve paragraph periodicals may be registered in Class or charged to an active deposit account.
(b)(8). TX or Class VA with one application, (8) The applicant must submit one
■ c. In paragraph (b)(11)(ii), redesignate one filing fee, and the required deposit, copy of each contribution that is
footnote 4 as footnote 2. if the following conditions are met: included in the group, either by
■ d. In paragraph (c)(2) introductory submitting the entire issue of the
nlaroche on DSK30NT082PROD with RULES
(1) All the contributions in the group
text, remove the reference to footnote must be created by the same individual. periodical where the contribution was
‘‘6’’ and add the phrase ‘‘or § 202.4, as (2) The copyright claimant must be first published, the entire section of the
applicable’’ at the end of the second the same person or organization for all newspaper where it was first published,
sentence. the contributions. or the specific page(s) from the
■ e. In paragraph (c)(2)(iv), remove (3) The contributions must not be periodical where the contribution was
footnote 5. works made for hire. first published. The contributions must
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![29414 Federal Register / Vol. 82, No. 124 / Thursday, June 29, 2017 / Rules and Regulations
be contained in separate electronic files Dated: May 31, 2017. Once submitted, comments cannot be
that comply with § 202.20(b)(2)(iii). The Karyn Temple Claggett, edited or removed from Regulations.gov.
files must be submitted in a PDF, JPG, Acting Register of Copyrights and Director EPA may publish any comment received
or other electronic format approved by of the U.S. Copyright Office. to its public docket. Do not submit
the Office, and they must be uploaded Approved by: electronically any information you
to the electronic registration system, Carla D. Hayden, consider to be Confidential Business
preferably in a .zip file containing all Librarian of Congress. Information (CBI) or other information
the files. The file size for each uploaded whose disclosure is restricted by statute.
[FR Doc. 2017–13548 Filed 6–28–17; 8:45 am]
file must not exceed 500 megabytes; the Multimedia submissions (audio, video,
BILLING CODE 1410–30–P
etc.) must be accompanied by a written
files may be compressed to comply with
comment. The written comment is
this requirement.
considered the official comment and
(9) In an exceptional case, the ENVIRONMENTAL PROTECTION should include discussion of all points
Copyright Office may waive the online AGENCY you wish to make. EPA will generally
filing requirement set forth in paragraph not consider comments or comment
40 CFR Part 52
(g)(6) of this section or may grant special contents located outside of the primary
relief from the deposit requirement [EPA–R04–OAR–2016–0504; FRL–9964–09– submission (i.e. on the web, cloud, or
under § 202.20(d), subject to such Region 4] other file sharing system). For
conditions as the Associate Register of additional submission methods, the full
Copyrights and Director of the Office of Air Plan Approval; GA and SC: EPA public comment policy,
Changes to Ambient Air Standards and information about CBI or multimedia
Registration Policy and Practice may
Definitions submissions, and general guidance on
impose on the applicant.
AGENCY: Environmental Protection making effective comments, please visit
(h) [Reserved] http://www2.epa.gov/dockets/
Agency.
(i) [Reserved] commenting-epa-dockets.
ACTION: Direct final rule.
(j) [Reserved] FOR FURTHER INFORMATION CONTACT: D.
(k) Refusal to register. The Copyright SUMMARY: The Environmental Protection Brad Akers, Air Regulatory Management
Agency (EPA) is taking direct final Section, Air Planning and
Office may refuse registration if the
action to approve a revision to the Implementation Branch, Air, Pesticides
applicant fails to satisfy the
Georgia State Implementation Plan (SIP) and Toxics Management Division, U.S.
requirements for registering a group of Environmental Protection Agency,
submitted by the Georgia Department of
related works under this section or Region 4, 61 Forsyth Street SW.,
Natural Resources, Environmental
§ 202.3(b)(5) through (7), (9), or (10). Protection Division (GA EPD), on Atlanta, Georgia 30303–8960. Mr. Akers
(l) Cancellation. If the Copyright August 30, 2010, and a portion of the can be reached via telephone at (404)
Office issues a registration for a group SIP revision submitted on July 25, 2014; 562–9089 or via electronic mail at
of related works and subsequently and portions of revisions to the South akers.brad@epa.gov.
determines that the requirements for Carolina SIP, submitted by the SUPPLEMENTARY INFORMATION:
that group option have not been met, Department of Health and
I. Background
and if the claimant fails to cure the Environmental Control (SC DHEC) on
deficiency after being notified by the December 15, 2014, August 12, 2015, Sections 108 and 109 of the CAA
Office, the registration may be cancelled and on November 4, 2016. The Georgia govern the establishment, review, and
in accordance with § 201.7 of this SIP revisions incorporate definitions revision, as appropriate, of the NAAQS
chapter. relating to fine particulate matter for the criteria air pollutants (CAPs) to
(PM2.5), and amend state rules to reflect protect public health and welfare. The
(m) The scope of a group registration. CAA requires periodic review of the air
the 2008 national ambient air quality
When the Office issues a group quality criteria—the science upon
standard (NAAQS) for lead. The South
registration under paragraph (g) of this which the standards are based—and the
Carolina SIP revisions incorporate the
section, the registration covers each standards themselves. EPA’s regulatory
2010 sulfur dioxide (SO2) NAAQS, 2010
work in the group and each work is nitrogen dioxide (NO2) NAAQS, 2012 provisions that govern the NAAQS are
registered as a separate work. For PM2.5 NAAQS, 2015 ozone NAAQS, found at 40 CFR part 50—National
purposes of registration, the group as a removes the revoked 1997 8-hour ozone Primary and Secondary Ambient Air
whole is not considered a compilation, NAAQS, and remove the standard for Quality Standards.
a collective work, or a derivative work gaseous fluorides from the SIP. This A. Summary of Actions for Georgia SIP
under sections 101, 103(b), or 504(c)(1) action is being taken pursuant to the Revisions
of title 17 of the United States Code. Clean Air Act (CAA or Act).
In this rulemaking, EPA is taking
§ 202.20 [Amended] DATES: This direct final rule is effective direct final action to approve the
August 28, 2017 without further notice, portion of Georgia’s July 25, 2014,
■ 7. Amend § 202.20 as follows: unless EPA receives adverse comment submission amending Georgia’s
■ a. In paragraph (d)(1)(i), remove by July 31, 2017. If EPA receives such regulations to incorporate the 2008 lead
‘‘section;’’ and add in its place ‘‘section; comments, it will publish a timely NAAQS, which is found at GA EPD
or’’ . withdrawal of the direct final rule in the Rule 391–3–1–.02(4), ‘‘Ambient Air
Federal Register and inform the public
nlaroche on DSK30NT082PROD with RULES
Standards,’’ at regulation (f)1. EPA is
■ b. In paragraph (d)(1)(iii), remove that the rule will not take effect. also taking final action on Georgia’s
‘‘section; or’’ and add in its place ADDRESSES: Submit your comments, August 30, 2010, submittal
‘‘section or § 202.4; or’’ . identified by Docket ID No. EPA–R04– incorporating definitions of PM2.5 and
■ c. In paragraph (d)(1)(iv), remove OAR–2016–0504 at http:// PM2.5 emissions.
‘‘§ 202.21.’’ and add in its place ‘‘§ 202.4 www.regulations.gov. Follow the online Through this rulemaking, the Agency
or § 202.21.’’. instructions for submitting comments. is not acting on the following changes
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Document Created: 2018-11-14 10:17:28
Document Modified: 2018-11-14 10:17:28
| 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 | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective July 31, 2017. | |
| Contact | Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, or Erik Bertin, Deputy Director of Registration Policy and Practice, by telephone at 202-707-8040, or Emma Raviv, Barbara A. Ringer Fellow, by telephone at 202-707-3246. | |
| FR Citation | 82 FR 29410 | |
| CFR Citation | 37
CFR
201 37 CFR 202 |
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