83_FR_4907 83 FR 4884 - Exemptions To Permit Circumvention of Access Controls on Copyrighted Works: Notice of Public Hearings

83 FR 4884 - Exemptions To Permit Circumvention of Access Controls on Copyrighted Works: Notice of Public Hearings

LIBRARY OF CONGRESS
Copyright Office

Federal Register Volume 83, Issue 23 (February 2, 2018)

Page Range4884-4886
FR Document2018-02086

The United States Copyright Office will be holding public hearings as part of the seventh triennial rulemaking proceeding under the Digital Millennium Copyright Act (``DMCA'') concerning possible exemptions to the DMCA's prohibition against circumvention of technological measures that control access to copyrighted works. The public hearings will be held in April 2018 in Washington, DC and Los Angeles. Parties interested in testifying at the public hearings are invited to submit requests to testify pursuant to the instructions set forth below.

Federal Register, Volume 83 Issue 23 (Friday, February 2, 2018)
[Federal Register Volume 83, Number 23 (Friday, February 2, 2018)]
[Proposed Rules]
[Pages 4884-4886]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-02086]


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LIBRARY OF CONGRESS

Copyright Office

37 CFR Part 201

[Docket No. 2017-10]


Exemptions To Permit Circumvention of Access Controls on 
Copyrighted Works: Notice of Public Hearings

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

ACTION: Announcement of public hearings.

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

SUMMARY: The United States Copyright Office will be holding public 
hearings as part of the seventh triennial rulemaking proceeding under 
the Digital Millennium Copyright Act (``DMCA'') concerning possible 
exemptions to the DMCA's prohibition against circumvention of 
technological measures that control access to copyrighted works. The 
public hearings will be held in April 2018 in Washington, DC and Los 
Angeles. Parties interested in testifying at the public hearings are 
invited to submit requests to testify pursuant to the instructions set 
forth below.

DATES: The public hearings in Washington, DC are scheduled for April 
10, 11, 12, and 13, 2018, on each day from 9:00 a.m. to 5:00 p.m. The 
public hearings in Los Angeles are scheduled for April 23, 24, and 25, 
2018, on each day from 9:00 a.m. to 5:00 p.m. Requests to testify must 
be received no later than 11:59 p.m. Eastern time on February 21, 2018. 
Although the Office currently anticipates up to four days of hearings 
in Washington, DC and three days of hearings in Los Angeles, the Office 
may adjust this schedule depending upon the number and nature of 
requests to testify. Once the schedule of hearing witnesses is 
finalized, the Office will notify all participants and post the times 
and dates of the hearings at https://www.copyright.gov/1201/2018/.

ADDRESSES: The Washington, DC hearings will be held in the Mumford Room 
of the James Madison Building of the Library of Congress, 101 
Independence Ave. SE, Washington, DC 20540. The Los Angeles hearings 
will be held in Room 1314 of the UCLA School of Law, 385 Charles E. 
Young Drive East, Los Angeles, CA 90095. Requests to testify should be 
submitted through the request form available at https://www.copyright.gov/1201/2018/hearing-request.html. Any person who is 
unable to send a request via the website should contact the Office 
using the contact information below to make an alternative arrangement 
for submission of a request to testify. The SUPPLEMENTARY INFORMATION 
section below includes additional instructions on submitting requests 
to testify.

FOR FURTHER INFORMATION CONTACT: Sarang Vijay Damle, General Counsel 
and Associate Register of Copyrights, by email at [email protected], Regan 
A. Smith, Deputy General Counsel, by email at [email protected], Anna 
Chauvet, Assistant General Counsel, by email at [email protected], or Jason 
E. Sloan, Attorney-Advisor, by email at [email protected]. Each can be 
contacted by telephone by calling (202) 707-8350.

SUPPLEMENTARY INFORMATION: On June 30, 2017, the Copyright Office 
published a notice of inquiry in the Federal Register to initiate the 
seventh triennial rulemaking proceeding under 17 U.S.C. 1201(a)(1), 
which provides that the Librarian of Congress, upon recommendation of 
the Register of Copyrights, may exempt certain classes of copyrighted 
works from the prohibition against circumventing a technological 
measure that controls access to a copyrighted work. 82 FR 29804 (June 
30, 2017). On October 26, 2017, the Office published a notice of 
proposed rulemaking setting forth proposed exemptions for twelve 
classes of works and requesting responsive comments. 82 FR 49550 (Oct. 
26, 2017). The responsive comments received thus far have been posted 
on the Office's website. See https://www.copyright.gov/1201/2018/.
    At this time, the Office is announcing public hearings to be held 
in Washington, DC and Los Angeles to further consider the proposed 
exemptions. The Office plans to convene panels of witnesses for the 
proposals to be considered, and may combine certain panels if the 
witnesses and/or key issues substantially overlap. The Office will 
schedule panels for particular exemptions in either Washington, DC or 
Los Angeles unless compelling circumstances require that a proposed 
class be considered in both cities. Limiting the discussion of each 
proposed class to one city or another will better ensure that witnesses 
can respond to the points made by others and avoid duplicative 
discussion. All of the hearings will be live streamed online. If no 
request to testify is received for a proposed exemption, the Office 
will consider the class based on the written submissions and any ex-
parte communications with interested parties (discussed below).

A. Submitting Requests To Testify

    A request to testify should be submitted to the Copyright Office 
using the form on the Office's website indicated in the ADDRESSES 
section above. Anyone wishing to testify with respect to more than one 
proposed class must submit a separate form for each request. If 
multiple people from the same organization wish to testify on different 
panels, each should submit a separate request for each panel. If 
multiple people from the same organization wish to testify on the same 
panel, each should submit a request for

[[Page 4885]]

that panel, and explain the need for multiple witnesses in the comment 
field of the request form. If a party is considering whether to testify 
at a hearing, the party should submit a hearing request form even if no 
opposition has been filed. The Copyright Office will contact requesters 
should it determine that a hearing is unnecessary.
    Depending upon the number and nature of the requests to testify, 
and in light of the limited time and space available for the public 
hearings, the Office may not be able to accommodate all requests to 
testify. The Office will give preference to those who have submitted 
substantive evidentiary submissions in support of or in opposition to a 
proposal. To the extent feasible, the Office encourages parties with 
similar interests to select a common representative to testify on their 
behalf.
    All requests to testify must clearly identify:
     The name of the person desiring to serve as a witness.
     The organization or organizations represented, if any.
     Contact information (address, telephone, and email).
     The proposed class about which the person wishes to 
testify.
     A two- to three-sentence explanation of the testimony the 
witness expects to present.
     If the party is requesting the ability to demonstrate a 
use or a technology at the hearing, a description of the demonstration, 
including whether it will be prepared in advance or presented live, the 
approximate time required for such demonstration, and any presentation 
equipment that the person desires to use and/or bring to the hearing.
     The city in which the person prefers to testify 
(Washington, DC or Los Angeles).
    The Office will try to take this preference into account in 
scheduling the hearings, but cannot guarantee that the relevant panel 
will be convened in the preferred city. Participants who are unable to 
testify in a particular city or on a particular date should so indicate 
in the comment field of the request form.
    To facilitate the process of scheduling panels, it is essential 
that all of the required information listed above be included in a 
request to testify.
    Following receipt of the requests to testify, the Office will 
prepare agendas for the hearings listing the panels and witnesses, 
which will be circulated to hearing participants and posted at https://www.copyright.gov/1201/2018/. As stated above, although the Office 
currently anticipates up to four days of hearings in Washington, DC and 
three days of hearings in Los Angeles, the Office may adjust this 
schedule depending upon the number and nature of requests to testify.

B. Format of Public Hearings

    There will be time limits for each panel, which will be established 
after receiving all requests to testify. Generally, the Copyright 
Office plans to allot approximately one to two hours for each proposed 
class, although it may allot additional time for more complex classes.
    Witnesses should expect the Office to have carefully studied all 
written comments, and the Office will expect witnesses to have done the 
same with respect to the classes for which they will be presenting. The 
hearings will focus on legal or factual issues that are unclear or 
underdeveloped in the written record, as identified by the Office, as 
well as demonstrative evidence.
    The Office stresses that factual information is critical to the 
rulemaking process, and witnesses should be prepared to discuss, among 
other things, where the copies of the works sought to be accessed are 
stored, how the works would be accessed, and what would be done with 
the works after being accessed. The Office also encourages witnesses to 
provide real-world examples to support their arguments. In some cases, 
the best way to do this may be to provide a demonstration of a claimed 
noninfringing use or the technologies pertinent to a proposal. As noted 
above, a person wishing to provide a demonstration should include a 
request to do so with his or her request to testify, using the 
appropriate space on the form described above. To ensure proper 
documentation of the hearings, the Office will require that a copy of 
any audio, visual, or audiovisual materials that have been prepared in 
advance (e.g., slideshows and videos) be provided to the Office at the 
hearing. Live demonstrations may be recorded by a videographer provided 
by the Office. The Office may contact witnesses individually ahead of 
time to ensure that demonstrations can be preserved for the record in 
an appropriate form.
    In addition to videography equipment, the Office expects to have a 
PC, projector, and screen in the hearing room to accommodate 
demonstrations. Beyond this equipment, witnesses are responsible for 
supplying and operating any other equipment needed for their 
demonstrations. Persons planning to bring additional electronic or 
audiovisual equipment must notify the Office at least five business 
days in advance of their scheduled hearing date by emailing John Riley, 
Attorney-Advisor, at [email protected].
    All hearings will be open to the public, but seating will be 
limited and will be provided on a first-come, first-served basis. 
Witnesses and persons accompanying witnesses will be given priority in 
seating. As noted above, all of the hearings will be live streamed 
online.

C. Ex-Parte Communication

    Typically, the Office's communications with participants about an 
ongoing rulemaking do not include discussions about the substance of 
the proceeding apart from written comments and public hearings. As with 
prior section 1201 rulemakings, the written record may also include 
post-hearing questions issued by the Office to individual parties 
involved with a particular class, and the Office will continue to post 
any questions and responses on the Office's website as part of the 
public record. For this rulemaking, the Office has determined that 
informal communication with interested parties might also be 
beneficial, such as to discuss nuances of proposed regulatory language. 
Any such communication may occur after the public hearings, but before 
the Office has issued a recommendation to the Librarian of Congress 
regarding the exemptions. Parties wishing to participate in informal 
discussions with the Office should submit a written request to one or 
more of the persons listed in the contact information above.
    The primary means to communicate views in the course of the 
rulemaking will, however, continue to be through the submission of 
written comments and testimony at the public hearings. In other words, 
informal communication will supplement, not substitute for, the written 
record and testimony at the public hearings. Should a party meet with 
the Office regarding this rulemaking, the participating party will be 
responsible for submitting a list of attendees and written summary of 
any oral communication to the Office, which will be made publicly 
available on the Office's website or regulations.gov. In sum, while the 
Office is establishing the option of informal meetings in this 
rulemaking, it will require that all such communications be reflected 
in the record to ensure the greatest possible transparency.


[[Page 4886]]


    Dated: January 25, 2018.
Sarang V. Damle,
General Counsel and Associate Register of Copyrights.
[FR Doc. 2018-02086 Filed 2-1-18; 8:45 am]
 BILLING CODE 1410-30-P



                                                  4884                     Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules

                                                  § 110.209 Saint Lawrence Seaway                         ACTION: Announcement of public                        Advisor, by email at jslo@loc.gov. Each
                                                  Anchorages, NY.                                         hearings.                                             can be contacted by telephone by calling
                                                    (a) Carleton Island Anchorage; Saint                                                                        (202) 707–8350.
                                                  Lawrence River, Cape Vincent, New                       SUMMARY:    The United States Copyright
                                                                                                                                                                SUPPLEMENTARY INFORMATION: On June
                                                  York.                                                   Office will be holding public hearings as
                                                                                                          part of the seventh triennial rulemaking              30, 2017, the Copyright Office published
                                                    (1) Carleton Island Anchorage Area.                                                                         a notice of inquiry in the Federal
                                                  The waters bounded by a line                            proceeding under the Digital
                                                                                                          Millennium Copyright Act (‘‘DMCA’’)                   Register to initiate the seventh triennial
                                                  connecting the following, beginning at                                                                        rulemaking proceeding under 17 U.S.C.
                                                  44°11′57.11″ N, 076°14′04.62″ W; thence                 concerning possible exemptions to the
                                                                                                          DMCA’s prohibition against                            1201(a)(1), which provides that the
                                                  to 44°11′21.80″ N, 076°14′05.77″ W;
                                                                                                          circumvention of technological                        Librarian of Congress, upon
                                                  thence to 44°11′34.07″ N, 076°15′49.57″
                                                                                                          measures that control access to                       recommendation of the Register of
                                                  W; 44°11′35.35″ N, 076°16′47.50″ W;
                                                                                                          copyrighted works. The public hearings                Copyrights, may exempt certain classes
                                                  44°11′43.49″ N, 076°16′48.00″ W;
                                                                                                          will be held in April 2018 in                         of copyrighted works from the
                                                  44°11′57.11″ N, 076°14′04.62″ W and
                                                                                                          Washington, DC and Los Angeles.                       prohibition against circumventing a
                                                  back to the beginning point. These
                                                                                                          Parties interested in testifying at the               technological measure that controls
                                                  coordinates are based on WGS 84.
                                                    (2) Tibbett’s Island Anchorage Area.                  public hearings are invited to submit                 access to a copyrighted work. 82 FR
                                                  The waters bounded by a line                            requests to testify pursuant to the                   29804 (June 30, 2017). On October 26,
                                                  connecting the following points,                        instructions set forth below.                         2017, the Office published a notice of
                                                  beginning at 44°05′20.27″ N,                                                                                  proposed rulemaking setting forth
                                                                                                          DATES: The public hearings in
                                                  076°23′25″78° W; thence to 44°05′21.85″                                                                       proposed exemptions for twelve classes
                                                                                                          Washington, DC are scheduled for April                of works and requesting responsive
                                                  N, 076°22′40.97″ W; thence to                           10, 11, 12, and 13, 2018, on each day
                                                  44°04′34.08″ N, 076°23′09.98″ W;                                                                              comments. 82 FR 49550 (Oct. 26, 2017).
                                                                                                          from 9:00 a.m. to 5:00 p.m. The public                The responsive comments received thus
                                                  44°04′07.72″ N; 076°23′33.76″ W;                        hearings in Los Angeles are scheduled
                                                  44°04′32.78″ N, 076°24′43.80″ W;                                                                              far have been posted on the Office’s
                                                                                                          for April 23, 24, and 25, 2018, on each               website. See https://www.copyright.gov/
                                                  44°05′44.37″ N, 076°23′56.29″ W;                        day from 9:00 a.m. to 5:00 p.m. Requests
                                                  44°05′20.27″ N, 076°23′ 25.78″ W and                                                                          1201/2018/.
                                                                                                          to testify must be received no later than                At this time, the Office is announcing
                                                  back to the beginning point. These                      11:59 p.m. Eastern time on February 21,
                                                  coordinates are based on WGS 84.                                                                              public hearings to be held in
                                                                                                          2018. Although the Office currently                   Washington, DC and Los Angeles to
                                                    (b) The Regulations. (1) Anchors must                 anticipates up to four days of hearings
                                                  not be placed in the Saint Lawrence                                                                           further consider the proposed
                                                                                                          in Washington, DC and three days of                   exemptions. The Office plans to
                                                  Seaway shipping channel. No portion of                  hearings in Los Angeles, the Office may
                                                  the hull or rigging may extend outside                                                                        convene panels of witnesses for the
                                                                                                          adjust this schedule depending upon                   proposals to be considered, and may
                                                  the limits of the anchorage area.
                                                                                                          the number and nature of requests to                  combine certain panels if the witnesses
                                                    (2) No vessel may occupy any general
                                                  anchorage described in paragraph (a) of                 testify. Once the schedule of hearing                 and/or key issues substantially overlap.
                                                  this section for a period longer than 10                witnesses is finalized, the Office will               The Office will schedule panels for
                                                  days unless approval is obtained from                   notify all participants and post the times            particular exemptions in either
                                                  the Captain of the Port for that purpose.               and dates of the hearings at https://                 Washington, DC or Los Angeles unless
                                                    (3) The COTP, or authorized                           www.copyright.gov/1201/2018/.                         compelling circumstances require that a
                                                  representative, may require vessels to                  ADDRESSES: The Washington, DC                         proposed class be considered in both
                                                  depart from the Anchorages described                    hearings will be held in the Mumford                  cities. Limiting the discussion of each
                                                  above before the expiration of the                      Room of the James Madison Building of                 proposed class to one city or another
                                                  authorized or maximum stay. The                         the Library of Congress, 101                          will better ensure that witnesses can
                                                  COTP, or authorized representative, will                Independence Ave. SE, Washington, DC                  respond to the points made by others
                                                  provide at least 12-hour notice to a                    20540. The Los Angeles hearings will be               and avoid duplicative discussion. All of
                                                  vessel required to depart the                           held in Room 1314 of the UCLA School                  the hearings will be live streamed
                                                  anchorages.                                             of Law, 385 Charles E. Young Drive                    online. If no request to testify is
                                                    Dated: January 11, 2018.                              East, Los Angeles, CA 90095. Requests                 received for a proposed exemption, the
                                                  J.M. Nunan,
                                                                                                          to testify should be submitted through                Office will consider the class based on
                                                                                                          the request form available at https://                the written submissions and any ex-
                                                  Rear Admiral, U.S. Coast Guard, Commander,
                                                  Ninth Coast Guard District.
                                                                                                          www.copyright.gov/1201/2018/hearing-                  parte communications with interested
                                                                                                          request.html. Any person who is unable                parties (discussed below).
                                                  [FR Doc. 2018–02114 Filed 2–1–18; 8:45 am]
                                                                                                          to send a request via the website should
                                                  BILLING CODE 9110–04–P
                                                                                                          contact the Office using the contact                  A. Submitting Requests To Testify
                                                                                                          information below to make an                            A request to testify should be
                                                                                                          alternative arrangement for submission                submitted to the Copyright Office using
                                                  LIBRARY OF CONGRESS                                     of a request to testify. The                          the form on the Office’s website
                                                                                                          SUPPLEMENTARY INFORMATION section                     indicated in the ADDRESSES section
                                                  Copyright Office
                                                                                                          below includes additional instructions                above. Anyone wishing to testify with
                                                                                                          on submitting requests to testify.                    respect to more than one proposed class
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                                                  37 CFR Part 201
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      must submit a separate form for each
                                                  [Docket No. 2017–10]                                    Sarang Vijay Damle, General Counsel                   request. If multiple people from the
                                                                                                          and Associate Register of Copyrights, by              same organization wish to testify on
                                                  Exemptions To Permit Circumvention
                                                                                                          email at sdam@loc.gov, Regan A. Smith,                different panels, each should submit a
                                                  of Access Controls on Copyrighted
                                                                                                          Deputy General Counsel, by email at                   separate request for each panel. If
                                                  Works: Notice of Public Hearings
                                                                                                          resm@loc.gov, Anna Chauvet, Assistant                 multiple people from the same
                                                  AGENCY: U.S. Copyright Office, Library                  General Counsel, by email at achau@                   organization wish to testify on the same
                                                  of Congress.                                            loc.gov, or Jason E. Sloan, Attorney-                 panel, each should submit a request for


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                                                                           Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules                                          4885

                                                  that panel, and explain the need for                    As stated above, although the Office                  audiovisual equipment must notify the
                                                  multiple witnesses in the comment field                 currently anticipates up to four days of              Office at least five business days in
                                                  of the request form. If a party is                      hearings in Washington, DC and three                  advance of their scheduled hearing date
                                                  considering whether to testify at a                     days of hearings in Los Angeles, the                  by emailing John Riley, Attorney-
                                                  hearing, the party should submit a                      Office may adjust this schedule                       Advisor, at jril@loc.gov.
                                                  hearing request form even if no                         depending upon the number and nature
                                                                                                                                                                  All hearings will be open to the
                                                  opposition has been filed. The                          of requests to testify.
                                                                                                                                                                public, but seating will be limited and
                                                  Copyright Office will contact requesters                B. Format of Public Hearings                          will be provided on a first-come, first-
                                                  should it determine that a hearing is
                                                  unnecessary.                                               There will be time limits for each                 served basis. Witnesses and persons
                                                     Depending upon the number and                        panel, which will be established after                accompanying witnesses will be given
                                                  nature of the requests to testify, and in               receiving all requests to testify.                    priority in seating. As noted above, all
                                                  light of the limited time and space                     Generally, the Copyright Office plans to              of the hearings will be live streamed
                                                  available for the public hearings, the                  allot approximately one to two hours for              online.
                                                  Office may not be able to accommodate                   each proposed class, although it may
                                                                                                          allot additional time for more complex                C. Ex-Parte Communication
                                                  all requests to testify. The Office will
                                                  give preference to those who have                       classes.                                                 Typically, the Office’s
                                                  submitted substantive evidentiary                          Witnesses should expect the Office to
                                                                                                                                                                communications with participants about
                                                  submissions in support of or in                         have carefully studied all written
                                                                                                          comments, and the Office will expect                  an ongoing rulemaking do not include
                                                  opposition to a proposal. To the extent                                                                       discussions about the substance of the
                                                  feasible, the Office encourages parties                 witnesses to have done the same with
                                                                                                          respect to the classes for which they                 proceeding apart from written
                                                  with similar interests to select a                                                                            comments and public hearings. As with
                                                  common representative to testify on                     will be presenting. The hearings will
                                                                                                          focus on legal or factual issues that are             prior section 1201 rulemakings, the
                                                  their behalf.                                                                                                 written record may also include post-
                                                     All requests to testify must clearly                 unclear or underdeveloped in the
                                                                                                          written record, as identified by the                  hearing questions issued by the Office to
                                                  identify:
                                                     • The name of the person desiring to                 Office, as well as demonstrative                      individual parties involved with a
                                                  serve as a witness.                                     evidence.                                             particular class, and the Office will
                                                     • The organization or organizations                     The Office stresses that factual                   continue to post any questions and
                                                  represented, if any.                                    information is critical to the rulemaking             responses on the Office’s website as part
                                                     • Contact information (address,                      process, and witnesses should be                      of the public record. For this
                                                  telephone, and email).                                  prepared to discuss, among other things,              rulemaking, the Office has determined
                                                     • The proposed class about which the                 where the copies of the works sought to               that informal communication with
                                                  person wishes to testify.                               be accessed are stored, how the works                 interested parties might also be
                                                     • A two- to three-sentence                           would be accessed, and what would be                  beneficial, such as to discuss nuances of
                                                  explanation of the testimony the witness                done with the works after being                       proposed regulatory language. Any such
                                                  expects to present.                                     accessed. The Office also encourages
                                                                                                                                                                communication may occur after the
                                                     • If the party is requesting the ability             witnesses to provide real-world
                                                                                                                                                                public hearings, but before the Office
                                                  to demonstrate a use or a technology at                 examples to support their arguments. In
                                                                                                          some cases, the best way to do this may               has issued a recommendation to the
                                                  the hearing, a description of the
                                                                                                          be to provide a demonstration of a                    Librarian of Congress regarding the
                                                  demonstration, including whether it
                                                                                                          claimed noninfringing use or the                      exemptions. Parties wishing to
                                                  will be prepared in advance or
                                                  presented live, the approximate time                    technologies pertinent to a proposal. As              participate in informal discussions with
                                                  required for such demonstration, and                    noted above, a person wishing to                      the Office should submit a written
                                                  any presentation equipment that the                     provide a demonstration should include                request to one or more of the persons
                                                  person desires to use and/or bring to the               a request to do so with his or her request            listed in the contact information above.
                                                  hearing.                                                to testify, using the appropriate space on               The primary means to communicate
                                                     • The city in which the person                       the form described above. To ensure                   views in the course of the rulemaking
                                                  prefers to testify (Washington, DC or Los               proper documentation of the hearings,                 will, however, continue to be through
                                                  Angeles).                                               the Office will require that a copy of any            the submission of written comments
                                                     The Office will try to take this                     audio, visual, or audiovisual materials               and testimony at the public hearings. In
                                                  preference into account in scheduling                   that have been prepared in advance                    other words, informal communication
                                                  the hearings, but cannot guarantee that                 (e.g., slideshows and videos) be                      will supplement, not substitute for, the
                                                  the relevant panel will be convened in                  provided to the Office at the hearing.
                                                                                                                                                                written record and testimony at the
                                                  the preferred city. Participants who are                Live demonstrations may be recorded by
                                                                                                                                                                public hearings. Should a party meet
                                                  unable to testify in a particular city or               a videographer provided by the Office.
                                                                                                          The Office may contact witnesses                      with the Office regarding this
                                                  on a particular date should so indicate
                                                  in the comment field of the request                     individually ahead of time to ensure                  rulemaking, the participating party will
                                                  form.                                                   that demonstrations can be preserved                  be responsible for submitting a list of
                                                     To facilitate the process of scheduling              for the record in an appropriate form.                attendees and written summary of any
                                                  panels, it is essential that all of the                    In addition to videography                         oral communication to the Office, which
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  required information listed above be                    equipment, the Office expects to have a               will be made publicly available on the
                                                  included in a request to testify.                       PC, projector, and screen in the hearing              Office’s website or regulations.gov. In
                                                     Following receipt of the requests to                 room to accommodate demonstrations.                   sum, while the Office is establishing the
                                                  testify, the Office will prepare agendas                Beyond this equipment, witnesses are                  option of informal meetings in this
                                                  for the hearings listing the panels and                 responsible for supplying and operating               rulemaking, it will require that all such
                                                  witnesses, which will be circulated to                  any other equipment needed for their                  communications be reflected in the
                                                  hearing participants and posted at                      demonstrations. Persons planning to                   record to ensure the greatest possible
                                                  https://www.copyright.gov/1201/2018/.                   bring additional electronic or                        transparency.


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                                                  4886                     Federal Register / Vol. 83, No. 23 / Friday, February 2, 2018 / Proposed Rules

                                                    Dated: January 25, 2018.                              considered the official comment and                   program made in 2005.1 See 70 FR 39104
                                                  Sarang V. Damle,                                        should include discussion of all points               (July 6, 2005). In those revisions, EPA
                                                  General Counsel and Associate Register of               you wish to make. EPA will generally                  amended its regulations to provide that
                                                  Copyrights.                                             not consider comments or comment                      states participating in the CAIR cap-and-
                                                  [FR Doc. 2018–02086 Filed 2–1–18; 8:45 am]              contents located outside of the primary               trade programs pursuant to an EPA-
                                                  BILLING CODE 1410–30–P                                  submission (i.e., on the web, cloud, or               approved CAIR SIP or states that remain
                                                                                                          other file sharing system). For                       subject to a CAIR FIP need not require
                                                                                                          additional submission methods, the full               affected BART-eligible electric
                                                  ENVIRONMENTAL PROTECTION                                EPA public comment policy,                            generating units (EGUs) to install,
                                                  AGENCY                                                  information about CBI or multimedia                   operate, and maintain BART for
                                                                                                          submissions, and general guidance on                  emissions of SO2 and nitrogen oxides
                                                  40 CFR Part 52                                          making effective comments, please visit               (NOX). As a result of EPA’s
                                                                                                          http://www2.epa.gov/dockets/                          determination that CAIR was ‘‘better-
                                                  [EPA–R04–OAR–2016–0315; FRL–9973–46–                                                                          than-BART,’’ a number of states in the
                                                  Region 4]                                               commenting-epa-dockets.
                                                                                                                                                                CAIR region, including Georgia, relied
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      on the CAIR cap-and-trade programs as
                                                  Air Plan Approval; Georgia; Regional
                                                                                                          Michele Notarianni, Air Regulatory                    an alternative to BART for EGU
                                                  Haze Plan and Prong 4 (Visibility) for
                                                                                                          Management Section, Air, Pesticides                   emissions of SO2 and NOX in designing
                                                  the 2012 PM2.5, 2010 NO2, 2010 SO2,
                                                  and 2008 Ozone NAAQS                                    and Toxics Management Division, U.S.                  their regional haze plans. These states
                                                                                                          Environmental Protection Agency,                      also relied on CAIR as an element of a
                                                  AGENCY:  Environmental Protection                       Region 4, 61 Forsyth Street SW, Atlanta,              long-term strategy (LTS) for achieving
                                                  Agency.                                                 Georgia 30303–8960. Ms. Notarianni can                their reasonable progress goals (RPGs)
                                                  ACTION: Proposed rule.                                  be reached by telephone at (404) 562–                 for their regional haze programs.
                                                                                                          9031 or via electronic mail at                        However, in 2008, the United States
                                                  SUMMARY:    The Environmental Protection                notarianni.michele@epa.gov.                           Court of Appeals for the District of
                                                  Agency (EPA) is proposing to take the                                                                         Columbia Circuit (D.C. Circuit)
                                                  following four actions regarding the                    SUPPLEMENTARY INFORMATION:                            remanded CAIR to EPA without vacatur
                                                  Georgia State Implementation Plan                       I. Background                                         to preserve the environmental benefits
                                                  (SIP): Approve the portion of Georgia’s                                                                       provided by CAIR. North Carolina v.
                                                  July 26, 2017, SIP submittal seeking to                 A. Regional Haze Plans and Their                      EPA, 550 F.3d 1176, 1178 (D.C. Cir.
                                                  change reliance from the Clean Air                      Relationship With CAIR and CSAPR                      2008). On August 8, 2011 (76 FR 48208),
                                                  Interstate Rule (CAIR) to Cross-State Air                                                                     acting on the D.C. Circuit’s remand, EPA
                                                                                                             Section 169A(b)(2)(A) of the Clean Air             promulgated CSAPR to replace CAIR
                                                  Pollution Rule (CSAPR) for certain
                                                  regional haze requirements; convert                     Act (CAA or Act) requires states to                   and issued FIPs to implement the rule
                                                  EPA’s limited approval/limited                          submit regional haze plans that contain               in CSAPR-subject states.2
                                                  disapproval of Georgia’s regional haze                  such measures as may be necessary to                  Implementation of CSAPR was
                                                  SIP to a full approval; remove EPA’s                    make reasonable progress towards the                  scheduled to begin on January 1, 2012,
                                                  Federal Implementation Plan (FIP) for                   natural visibility goal, including a                  when CSAPR would have superseded
                                                  Georgia which replaced reliance on                      requirement that certain categories of                the CAIR program.
                                                  CAIR with reliance on CSAPR to                          existing major stationary sources built                  Due to the D.C. Circuit’s 2008 ruling
                                                  address the deficiencies identified in                  between 1962 and 1977 procure, install,               that CAIR was ‘‘fatally flawed’’ and its
                                                  the limited disapproval of Georgia’s                    and operate Best Available Retrofit                   resulting status as a temporary measure
                                                  regional haze SIP; and approve the                      Technology (BART) as determined by                    following that ruling, EPA could not
                                                  visibility prong of Georgia’s                           the state. Under the Regional Haze Rule               fully approve regional haze SIPs to the
                                                  infrastructure SIP submittals for the                   (RHR), states are directed to conduct                 extent that they relied on CAIR to satisfy
                                                  2012 Fine Particulate Matter (PM2.5),                   BART determinations for such ‘‘BART-                  the BART requirement and the
                                                  2010 Nitrogen Dioxide (NO2), 2010                       eligible’’ sources that may be                        requirement for a LTS sufficient to
                                                  Sulfur Dioxide (SO2), and 2008 8-hour                   anticipated to cause or contribute to any             achieve the state-adopted RPGs. On
                                                  Ozone National Ambient Air Quality                      visibility impairment in a Class I area.              these grounds, EPA finalized a limited
                                                  Standards (NAAQS).                                      Rather than requiring source-specific                 disapproval of Georgia’s regional haze
                                                                                                          BART controls, states also have the
                                                  DATES: Comments must be received on
                                                                                                          flexibility to adopt an emissions trading               1 CAIR created regional cap-and-trade programs to
                                                  or before March 5, 2018.                                                                                      reduce SO2 and NOX emissions in 27 eastern states
                                                                                                          program or other alternative program as               (and the District of Columbia), including Georgia,
                                                  ADDRESSES: Submit your comments,                        long as the alternative provides greater              that contributed to downwind nonattainment or
                                                  identified by Docket ID No EPA–R04–                     reasonable progress towards improving                 interfered with maintenance of the 1997 8-hour
                                                  OAR–2016–0315 at http://                                visibility than BART. See 40 CFR                      ozone NAAQS or the 1997 PM2.5 NAAQS.
                                                  www.regulations.gov. Follow the online                  51.308(e)(2). EPA provided states with
                                                                                                                                                                  2 CSAPR requires 28 eastern states to limit their

                                                  instructions for submitting comments.                                                                         statewide emissions of SO2 and/or NOX in order to
                                                                                                          this flexibility in the RHR, adopted in               mitigate transported air pollution unlawfully
                                                  Once submitted, comments cannot be                      1999, and further refined the criteria for            impacting other states’ ability to attain or maintain
                                                  edited or removed from Regulations.gov.                 assessing whether an alternative                      four NAAQS: The 1997 ozone NAAQS, the 1997
                                                  EPA may publish any comment received                                                                          annual PM2.5 NAAQS, the 2006 24-hour PM2.5
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                                                                          program provides for greater reasonable               NAAQS, and the 2008 8-hour ozone NAAQS. The
                                                  to its public docket. Do not submit                     progress in two subsequent                            CSAPR emissions limitations are defined in terms
                                                  electronically any information you                      rulemakings. See 64 FR 35714 (July 1,                 of maximum statewide ‘‘budgets’’ for emissions of
                                                  consider to be Confidential Business                    1999); 70 FR 39104 (July 6, 2005); 71 FR              annual SO2, annual NOX, and/or ozone-season NOX
                                                  Information (CBI) or other information                                                                        by each covered state’s large EGUs. The CSAPR
                                                                                                          60612 (October 13, 2006).                             state budgets are implemented in two phases of
                                                  whose disclosure is restricted by statute.
                                                                                                             EPA demonstrated that CAIR would                   generally increasing stringency, with the Phase 1
                                                  Multimedia submissions (audio, video,                                                                         budgets applying to emissions in 2015 and 2016
                                                  etc.) must be accompanied by a written                  achieve greater reasonable progress than              and the Phase 2 budgets applying to emissions in
                                                  comment. The written comment is                         BART in revisions to the regional haze                2017 and later years.



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Document Created: 2018-02-03 14:27:32
Document Modified: 2018-02-03 14:27:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionAnnouncement of public hearings.
DatesThe public hearings in Washington, DC are scheduled for April 10, 11, 12, and 13, 2018, on each day from 9:00 a.m. to 5:00 p.m. The public hearings in Los Angeles are scheduled for April 23, 24, and 25, 2018, on each day from 9:00 a.m. to 5:00 p.m. Requests to testify must be received no later than 11:59 p.m. Eastern time on February 21, 2018. Although the Office currently anticipates up to four days of hearings in Washington, DC and three days of hearings in Los Angeles, the Office may adjust this schedule depending upon the number and nature of requests to testify. Once the schedule of hearing witnesses is finalized, the Office will notify all participants and post the times and dates of the hearings at https://www.copyright.gov/1201/2018/.
ContactSarang Vijay Damle, General Counsel and Associate Register of Copyrights, by email at [email protected], Regan A. Smith, Deputy General Counsel, by email at [email protected], Anna Chauvet, Assistant General Counsel, by email at [email protected], or Jason E. Sloan, Attorney-Advisor, by email at [email protected] Each can be contacted by telephone by calling (202) 707-8350.
FR Citation83 FR 4884 

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