83 FR 51840 - Streamlining the Administration of DART Royalty Accounts and Electronic Royalty Payment Processes
LIBRARY OF CONGRESS
Copyright Office Federal Register Volume 83, Issue 199 (October 15, 2018)
Copyright Office
Federal Register Volume 83, Issue 199 (October 15, 2018)
| Page Range | 51840-51842 | |
| FR Document | 2018-22372 |
[Federal Register Volume 83, Number 199 (Monday, October 15, 2018)] [Rules and Regulations] [Pages 51840-51842] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-22372] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Office 37 CFR Part 201 [Docket No. 2018-6] Streamlining the Administration of DART Royalty Accounts and Electronic Royalty Payment Processes AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Copyright Office is establishing a rule to codify its procedures for closing royalty payments accounts under section 1005 of the Copyright Act, and is amending its regulations governing online payment procedures for statutory licensing statements of account to no longer require that payments for these accounts be made in a single lump sum. These changes are intended to improve the efficiency of the Copyright Office's Licensing Division operations. DATES: Effective November 14, 2018. FOR FURTHER INFORMATION CONTACT: Regan A. Smith, General Counsel and Associate Register of Copyrights, by email at [email protected], or Jalyce Mangum, Attorney-Advisor, by email at [email protected]. Each can be contacted by telephone by calling (202) 707-8350. SUPPLEMENTARY INFORMATION: I. Background On July 11, 2018 (83 FR 32068), the Office published a Notice of Proposed Rulemaking (``NPRM'') to streamline the administration of digital audio [[Page 51841]] recording technology (DART) royalty accounts and the statement of account royalty payment processes. Specifically, the Copyright Office proposed to codify the manner in which it would exercise its statutory authority to close out DART royalty payment accounts under 17 U.S.C. 1005, and to implement what it considered to be a technical change regarding requirements for payment of royalty fees by electronic funds transfer (EFT) for each of the cable, satellite, and DART royalty licenses. In response to the publication of the proposed rule, the Office did not receive any substantive comments. Consequently, the Office is adopting the previously proposed text as a final rule. II. Discussion Close-out of DART fund accounts. In the NPRM, the Office proposed to codify a new procedure for closing out DART royalty payments accounts under section 1005 of the Copyright Act and to update its regulations governing online payment procedures for cable, satellite, and DART statements of account to no longer require royalty fees to be made by a single, lump sum payment. As noted in the NPRM, the Audio Home Recording Act of 1992 (AHRA) \1\ amended title 17 to require parties who manufacture and distribute or import and distribute any digital audio recording devices or media in the United States to file DART statements of account and to make royalty payments.\2\ Congress delegated to the Copyright Office and the Copyright Royalty Tribunal (``CRT'')--a predecessor to the system administered by the Copyright Royalty Judges (``CRJs'')--authority to administer the royalty system under chapter 10.\3\ Under section 1003, the importer or manufacturer of a digital audio recording device or media files quarterly and annual statements of account with respect to distribution(s), accompanied by royalty payments.\4\ After deducting the reasonable costs incurred for administering this license, the Register then deposits the remaining balance with the Treasury of the United States, which is divided between a sound recording fund and a musical works fund, and then subdivided into various subfunds.\5\ Under the Copyright Act, the Licensing Division of the Copyright Office administers these funds and distributes them to copyright owners pursuant to the CRJs' distribution orders.\6\ --------------------------------------------------------------------------- \1\ See Public Law 102-563, 106 Stat. 4237 (1992). \2\ See 17 U.S.C. 1003. \3\ See id.; see also S. Rep. No. 102-294, at 39 (``Administration of the royalty system is the dual responsibility of the Copyright Office and the CRT''). \4\ 17 U.S.C. 1003(b), (c)(1), (c)(3). \5\ Id. at 1005, 1006(b). \6\ Id. at 1007; see, e.g., Order Granting Claimants' Request for Partial Distribution of 2005 Through 2008 DART Music Funds Royalties, Docket No. 2010-8 CRB DD 2005-2008 (MW), available at https://www.crb.gov/orders/2011/04411-order-granting-claimants-partial-distribution.pdf (last visited May 16, 2018). --------------------------------------------------------------------------- After the Licensing Division has distributed the royalty funds pursuant to the CRJs order, however, small royalty balances can still be attributed to these subfunds unless the Copyright Office has formally closed them out.\7\ Maintaining these small amounts in separate funds creates administrative expenses for the Licensing Division, and the transaction costs associated with distributing such small amounts of money can exceed the amount of money remaining in these accounts. Section 1005 gives the Register discretion to close out the royalty payments account for a calendar year four years after the close of that year, and attribute ``any funds remaining in [the] account and any subsequent deposits that would otherwise be attributable to that calendar year as attributable to the succeeding calendar year.'' \8\ In practice, the Register has not previously established a procedure to exercise this discretion. The Office now adopts a rule codifying conditions by which she may close out royalty payments accounts. Specifically, the Office is adding a new section 201.31 instructing that, four years after the close of any calendar year, the Register of Copyrights may exercise her discretion to close out the royalty payments account for that calendar year, including any sub-accounts, that are subject to a final distribution order under which royalty payments have been disbursed. In accordance with section 1005, the Register will treat any funds remaining in such account or subsequent deposits as attributable to the closest succeeding calendar year. --------------------------------------------------------------------------- \7\ These attributions can occur as a result of subsequent deposits made by payees, or, more often, in the course of routine review and adjustments made in the years following each appropriation, for example, when anticipated contract expenditures or other overhead expenses come in slightly under budget. \8\ 17 U.S.C. 1005. --------------------------------------------------------------------------- Payment by Electronic Funds Transfer. Separately, the Licensing Division administers various statutory licensing schemes, including those requiring the submission of statements of account (``SOAs'') by cable systems, satellite carriers, and manufacturers or importers of digital audio recording devices and media.\9\ Pursuant to its statutory authority, the Copyright Office has promulgated regulations relating to each of these statutory licenses requiring that ``[a]ll royalty fees shall be paid by a single electronic funds transfer.'' \10\ In practice, however, the Office has found that the requirement that remitters make royalty payments for multiple statements of account in a single, lump sum payment is unnecessarily restrictive and has hampered ongoing modernization efforts. In connection with the most recent satellite SOA form, the Copyright Office has announced that it ``intends to transition to a single EFT payment method (Pay.gov) for making royalty payments.'' \11\ --------------------------------------------------------------------------- \9\ See 17 U.S.C. 111(d)(1), 119(b)(1), 122(a)(5), 1003(c). \10\ 37 CFR 201.11(f)(1), 201.17(k)(1), 201.28(h)(1). See Electronic Payment of Royalties, 71 FR 45739 (Aug. 10, 2006). \11\ U.S. Copyright Office, Satellite Statement of Account Form (Jan. 1, 2018), https://www.copyright.gov/forms/formSC.pdf. --------------------------------------------------------------------------- The new rule removes the requirement that filers submit multiple SOAs in a single EFT payment for the relevant statutory licenses. The current regulatory requirement that funds be submitted through EFT will remain in place. List of Subjects in 37 CFR Part 201 Copyright, General provisions. Final Regulations For the reasons set forth in the preamble, the Copyright Office amends 37 CFR part 201 as follows: PART 201--GENERAL PROVISIONS 0 1. The authority citation for part 201 continues to read as follows: Authority: 17 U.S.C. 702. Sec. 201.11 [Amended] 0 2. Amend Sec. 201.11 by removing ``a single'' from paragraph (f)(1) introductory text. Sec. 201.17 [Amended] 0 3. Amend Sec. 201.17 by removing ``a single'' from paragraph (k)(1) introductory text. Sec. 201.28 [Amended] 0 4. Amend Sec. 201.28 by removing ``a single'' from paragraph (h)(1) introductory text. 0 5. Add Sec. 201.31 to read as follows: Sec. 201.31 Procedures for closing out royalty payments accounts in accordance with the Audio Home Recording Act. (a) General. This section prescribes rules pertaining to the close out of royalty payments accounts in accordance with 17 U.S.C. 1005. [[Page 51842]] (b) In the Register's discretion, four years after the close of any calendar year, the Register of Copyrights may close out the royalty payments account for that calendar year, including any sub-accounts, that are subject to a final distribution order under which royalty payments have been disbursed. Following closure of an account, the Register will treat any funds remaining in that account, or subsequent deposits that would otherwise be attributable to that calendar year, as attributable to the succeeding calendar year. Dated: September 10, 2018. Karyn Temple, Acting Register of Copyrights and Director of the U.S. Copyright Office. Approved by: Carla D. Hayden, Librarian of Congress. [FR Doc. 2018-22372 Filed 10-12-18; 8:45 am] BILLING CODE 1410-30-P
![51840 Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Rules and Regulations
888–REG–FAIR (1–888–734–3247). The significant effect on the human petty officer who has been designated
Coast Guard will not retaliate against environment. This rule involves by the Captain of the Port Buffalo to act
small entities that question or complain establishment of a safety zone. It is on his behalf.
about this rule or any policy or action categorically excluded from further (4) Vessel operators desiring to enter
of the Coast Guard. review under paragraph L60(a) of or operate within the safety zone must
Appendix A, Table 1 of DHS Instruction contact the Captain of the Port Buffalo
C. Collection of Information or his on-scene representative to obtain
Manual 023–01–001–01, Rev. 01. A
This rule will not call for a new Record of Environmental Consideration permission to do so. The Captain of the
collection of information under the supporting this determination is Port Buffalo or his on-scene
Paperwork Reduction Act of 1995 (44 available in the docket where indicated representative may be contacted via
U.S.C. 3501–3520). under ADDRESSES. VHF Channel 16. Vessel operators given
D. Federalism and Indian Tribal permission to enter or operate in the
G. Protest Activities safety zone must comply with all
Governments
The Coast Guard respects the First directions given to them by the Captain
A rule has implications for federalism Amendment rights of protesters. of the Port Buffalo, or his on-scene
under Executive Order 13132, Protesters are asked to contact the representative.
Federalism, if it has a substantial direct person listed in the FOR FURTHER Dated: October 9, 2018.
effect on the States, on the relationship INFORMATION CONTACT section to
between the national government and Joseph S. Dufresne,
coordinate protest activities so that your
the States, or on the distribution of message can be received without Captain, U.S. Coast Guard, Captain of the
power and responsibilities among the Port Buffalo.
jeopardizing the safety or security of
various levels of government. We have [FR Doc. 2018–22337 Filed 10–12–18; 8:45 am]
people, places or vessels.
analyzed this rule under that Order and BILLING CODE 9110–04–P
have determined that it is consistent List of Subjects in 33 CFR Part 165
with the fundamental federalism Harbors, Marine safety, Navigation
principles and preemption requirements (water), Reporting and recordkeeping LIBRARY OF CONGRESS
described in Executive Order13132. requirements, Security measures,
Also, this rule does not have tribal Waterways. Copyright Office
implications under Executive Order For the reasons discussed in the
13175, Consultation and Coordination preamble, the Coast Guard amends 33 37 CFR Part 201
with Indian Tribal Governments, CFR part 165 as follows: [Docket No. 2018–6]
because it does not have a substantial
direct effect on one or more Indian PART 165—REGULATED NAVIGATION Streamlining the Administration of
tribes, on the relationship between the AREAS AND LIMITED ACCESS AREAS DART Royalty Accounts and Electronic
Federal Government and Indian tribes, Royalty Payment Processes
or on the distribution of power and ■ 1. The authority citation for part 165
responsibilities between the Federal continues to read as follows: AGENCY: U.S. Copyright Office, Library
Government and Indian tribes. If you Authority: Authority: 33 U.S.C. 1231; 50
of Congress.
believe this rule has implications for U.S.C. 191; 33 CFR 1.05–1, 6.04–1, 6.04–6, ACTION: Final rule.
federalism or Indian tribes, please and 160.5; Department of Homeland Security
Delegation No. 0170.1. SUMMARY: The U.S. Copyright Office is
contact the person listed in the FOR establishing a rule to codify its
FURTHER INFORMATION CONTACT section. ■ 2. Add § 165.T09–0832 to read as procedures for closing royalty payments
E. Unfunded Mandates Reform Act follows: accounts under section 1005 of the
The Unfunded Mandates Reform Act Copyright Act, and is amending its
§ 165.T09–0832 Safety Zone; Head of the
of 1995 (2 U.S.C. 1531–1538) requires Buffalo Regatta; Buffalo River, Buffalo, NY. regulations governing online payment
Federal agencies to assess the effects of procedures for statutory licensing
(a) Location. The safety zone will
their discretionary regulatory actions. In statements of account to no longer
encompass all waters of the Buffalo
particular, the Act addresses actions require that payments for these accounts
River, Buffalo, NY, beginning at position
that may result in the expenditure by a be made in a single lump sum. These
42°52′19.4″ N, 78°52′25.3″ W to
State, local, or tribal government, in the changes are intended to improve the
42°51′36.7″ N, 78°50′56.0″ W.
aggregate, or by the private sector of (b) Enforcement period. This rule is efficiency of the Copyright Office’s
$100,000,000 (adjusted for inflation) or effective from 8 a.m. until 6 p.m. on Licensing Division operations.
more in any one year. Though this rule October 20, 2018. DATES: Effective November 14, 2018.
will not result in such an expenditure, (c) Regulations. (1) In accordance with FOR FURTHER INFORMATION CONTACT:
we do discuss the effects of this rule the general regulations in § 165.23 of Regan A. Smith, General Counsel and
elsewhere in this preamble. this part, entry into, transiting, or Associate Register of Copyrights, by
anchoring within this safety zone is email at regans@copyright.gov, or Jalyce
F. Environment Mangum, Attorney-Advisor, by email at
prohibited unless authorized by the
We have analyzed this rule under Captain of the Port Buffalo or his jmang@copyright.gov. Each can be
Department of Homeland Security designated on-scene representative. contacted by telephone by calling (202)
Directive 023–01 and Commandant (2) This safety zone is closed to all 707–8350.
khammond on DSK30JT082PROD with RULES
Instruction M16475.1D, which guide the vessel traffic, except as may be SUPPLEMENTARY INFORMATION:
Coast Guard in complying with the permitted by the Captain of the Port
National Environmental Policy Act of Buffalo or his designated on-scene I. Background
1969 (42 U.S.C. 4321–4370f), and have representative. On July 11, 2018 (83 FR 32068), the
determined that this action is one of a (3) The ‘‘on-scene representative’’ of Office published a Notice of Proposed
category of actions that do not the Captain of the Port Buffalo is any Rulemaking (‘‘NPRM’’) to streamline the
individually or cumulatively have a Coast Guard commissioned, warrant or administration of digital audio
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![Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Rules and Regulations 51841
recording technology (DART) royalty funds and distributes them to copyright statutory authority, the Copyright Office
accounts and the statement of account owners pursuant to the CRJs’ has promulgated regulations relating to
royalty payment processes. Specifically, distribution orders.6 each of these statutory licenses
the Copyright Office proposed to codify After the Licensing Division has requiring that ‘‘[a]ll royalty fees shall be
the manner in which it would exercise distributed the royalty funds pursuant paid by a single electronic funds
its statutory authority to close out DART to the CRJs order, however, small transfer.’’ 10 In practice, however, the
royalty payment accounts under 17 royalty balances can still be attributed to Office has found that the requirement
U.S.C. 1005, and to implement what it these subfunds unless the Copyright that remitters make royalty payments for
considered to be a technical change Office has formally closed them out.7 multiple statements of account in a
regarding requirements for payment of Maintaining these small amounts in single, lump sum payment is
royalty fees by electronic funds transfer separate funds creates administrative unnecessarily restrictive and has
(EFT) for each of the cable, satellite, and expenses for the Licensing Division, and hampered ongoing modernization
DART royalty licenses. In response to the transaction costs associated with efforts. In connection with the most
the publication of the proposed rule, the distributing such small amounts of recent satellite SOA form, the Copyright
Office did not receive any substantive money can exceed the amount of money Office has announced that it ‘‘intends to
comments. Consequently, the Office is remaining in these accounts. Section transition to a single EFT payment
adopting the previously proposed text 1005 gives the Register discretion to method (Pay.gov) for making royalty
as a final rule. close out the royalty payments account payments.’’ 11
for a calendar year four years after the The new rule removes the
II. Discussion close of that year, and attribute ‘‘any requirement that filers submit multiple
Close-out of DART fund accounts. In funds remaining in [the] account and SOAs in a single EFT payment for the
the NPRM, the Office proposed to codify any subsequent deposits that would relevant statutory licenses. The current
a new procedure for closing out DART otherwise be attributable to that regulatory requirement that funds be
royalty payments accounts under calendar year as attributable to the submitted through EFT will remain in
section 1005 of the Copyright Act and succeeding calendar year.’’ 8 In practice, place.
to update its regulations governing the Register has not previously
online payment procedures for cable, established a procedure to exercise this List of Subjects in 37 CFR Part 201
satellite, and DART statements of discretion. The Office now adopts a rule Copyright, General provisions.
account to no longer require royalty fees codifying conditions by which she may
to be made by a single, lump sum close out royalty payments accounts. Final Regulations
payment. Specifically, the Office is adding a new For the reasons set forth in the
As noted in the NPRM, the Audio section 201.31 instructing that, four preamble, the Copyright Office amends
Home Recording Act of 1992 (AHRA) 1 years after the close of any calendar 37 CFR part 201 as follows:
amended title 17 to require parties who year, the Register of Copyrights may
manufacture and distribute or import exercise her discretion to close out the PART 201—GENERAL PROVISIONS
and distribute any digital audio royalty payments account for that
recording devices or media in the calendar year, including any sub- ■ 1. The authority citation for part 201
United States to file DART statements of accounts, that are subject to a final continues to read as follows:
account and to make royalty payments.2 distribution order under which royalty Authority: 17 U.S.C. 702.
Congress delegated to the Copyright payments have been disbursed. In
Office and the Copyright Royalty accordance with section 1005, the § 201.11 [Amended]
Tribunal (‘‘CRT’’)—a predecessor to the Register will treat any funds remaining ■ 2. Amend § 201.11 by removing ‘‘a
system administered by the Copyright in such account or subsequent deposits single’’ from paragraph (f)(1)
Royalty Judges (‘‘CRJs’’)—authority to as attributable to the closest succeeding introductory text.
administer the royalty system under calendar year.
chapter 10.3 Under section 1003, the Payment by Electronic Funds § 201.17 [Amended]
importer or manufacturer of a digital Transfer. Separately, the Licensing ■ 3. Amend § 201.17 by removing ‘‘a
audio recording device or media files Division administers various statutory single’’ from paragraph (k)(1)
quarterly and annual statements of licensing schemes, including those introductory text.
account with respect to distribution(s), requiring the submission of statements
accompanied by royalty payments.4 of account (‘‘SOAs’’) by cable systems, § 201.28 [Amended]
After deducting the reasonable costs satellite carriers, and manufacturers or ■ 4. Amend § 201.28 by removing ‘‘a
incurred for administering this license, importers of digital audio recording single’’ from paragraph (h)(1)
the Register then deposits the remaining devices and media.9 Pursuant to its introductory text.
balance with the Treasury of the United ■ 5. Add § 201.31 to read as follows:
States, which is divided between a 6 Id. at 1007; see, e.g., Order Granting Claimants’
sound recording fund and a musical Request for Partial Distribution of 2005 Through § 201.31 Procedures for closing out
2008 DART Music Funds Royalties, Docket No. royalty payments accounts in accordance
works fund, and then subdivided into 2010–8 CRB DD 2005–2008 (MW), available at
various subfunds.5 Under the Copyright with the Audio Home Recording Act.
https://www.crb.gov/orders/2011/04411-order-
Act, the Licensing Division of the granting-claimants-partial-distribution.pdf (last (a) General. This section prescribes
Copyright Office administers these visited May 16, 2018). rules pertaining to the close out of
7 These attributions can occur as a result of
royalty payments accounts in
khammond on DSK30JT082PROD with RULES
subsequent deposits made by payees, or, more
1 See Public Law 102–563, 106 Stat. 4237 (1992). often, in the course of routine review and accordance with 17 U.S.C. 1005.
2 See 17 U.S.C. 1003. adjustments made in the years following each
3 See id.; see also S. Rep. No. 102–294, at 39
appropriation, for example, when anticipated 10 37 CFR 201.11(f)(1), 201.17(k)(1), 201.28(h)(1).
(‘‘Administration of the royalty system is the dual contract expenditures or other overhead expenses See Electronic Payment of Royalties, 71 FR 45739
responsibility of the Copyright Office and the come in slightly under budget. (Aug. 10, 2006).
CRT’’). 8 17 U.S.C. 1005. 11 U.S. Copyright Office, Satellite Statement of
4 17 U.S.C. 1003(b), (c)(1), (c)(3). 9 See 17 U.S.C. 111(d)(1), 119(b)(1), 122(a)(5), Account Form (Jan. 1, 2018), https://
5 Id. at 1005, 1006(b). 1003(c). www.copyright.gov/forms/formSC.pdf.
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![51842 Federal Register / Vol. 83, No. 199 / Monday, October 15, 2018 / Rules and Regulations
(b) In the Register’s discretion, four minor technical rule corrections. In this the reading of this preamble and for
years after the close of any calendar action, we have not reopened any other reference purposes, the following terms
year, the Register of Copyrights may aspects of the October 2014 final and acronyms are defined:
close out the royalty payments account amendments to the NESHAP for the APR amino/phenolic resin
for that calendar year, including any Manufacture of APR, including other CAA Clean Air Act
sub-accounts, that are subject to a final issues raised in petitions for CFR Code of Federal Regulations
distribution order under which royalty reconsideration of the October 2014 CPV continuous process vent
payments have been disbursed. rule. CRA Congressional Review Act
Following closure of an account, the EPA U.S. Environmental Protection Agency
DATES: This final rule is effective on
Register will treat any funds remaining FR Federal Register
October 15, 2018. The incorporation by HAP hazardous air pollutants
in that account, or subsequent deposits reference of certain publications listed HON Hazardous Organic NESHAP
that would otherwise be attributable to in the rule is approved by the Director ICR information collection request
that calendar year, as attributable to the of the Federal Register as of October 15, MACT maximum achievable control
succeeding calendar year. 2018. technology
Dated: September 10, 2018. ADDRESSES: The Environmental MIR maximum individual risk
MON Miscellaneous Organic NESHAP
Karyn Temple, Protection Agency (EPA) has established
NAICS North American Industry
Acting Register of Copyrights and Director a docket for this action under Docket ID Classification System
of the U.S. Copyright Office. No. EPA–HQ–OAR–2012–0133. All NESHAP national emission standards for
Approved by:
documents in the docket are listed on hazardous air pollutants
the https://www.regulations.gov NTTAA National Technology Transfer and
Carla D. Hayden, website. Although listed, some Advancement Act
Librarian of Congress. information is not publicly available, OMB Office of Management and Budget
[FR Doc. 2018–22372 Filed 10–12–18; 8:45 am] e.g., confidential business information PRA Paperwork Reduction Act
BILLING CODE 1410–30–P or other information whose disclosure is RFA Regulatory Flexibility Act
restricted by statute. Certain other RTO regenerative thermal oxidizer
TRE total resource effectiveness
material, such as copyrighted material,
UMRA Unfunded Mandates Reform Act
ENVIRONMENTAL PROTECTION is not placed on the internet and will be UPL upper predictive limit
AGENCY publicly available only in hard copy VCS voluntary consensus standards
form. Publicly available docket
40 CFR Part 63 materials are available either Organization of this Document. The
electronically through https:// information in this preamble is
[EPA–HQ–OAR–2012–0133; FRL–9985–37– organized as follows:
OAR] www.regulations.gov or in hard copy at
the EPA Docket Center (EPA/DC), EPA I. General Information
RIN 2060–AS79 WJC West Building, Room 3334, 1301 A. Does this action apply to me?
Constitution Ave. NW, Washington, DC. B. Where can I get a copy of this document
National Emission Standards for The Public Reading Room is open from and other related information?
Hazardous Air Pollutants: Manufacture C. Judicial Review and Administrative
8:30 a.m. to 4:30 p.m., Monday through
of Amino/Phenolic Resins Risk and Reconsideration
Friday, excluding legal holidays. The II. Background Information
Technology Review Reconsideration telephone number for the Public III. Summary of Final Action on Issues
AGENCY: Environmental Protection Reading Room is (202) 566–1744, and Reconsidered
Agency (EPA). the telephone number for the EPA A. Analysis, Supporting Data, and
ACTION: Final rule; notification of final
Docket Center is (202) 566–1742. Resulting Emission Standards for CPVs
FOR FURTHER INFORMATION CONTACT: For at Existing Sources
action on reconsideration. B. Planned Routine Maintenance of
questions about this final action, please
SUMMARY: This action finalizes contact Mr. Art Diem, Sector Policies Emission Control Sytems Used To
Reduce HAP Emissions From Storage
amendments to the National Emission and Programs Division (Mail Code Vessels
Standards for Hazardous Air Pollutants E143–01), Office of Air Quality Planning C. Technical Corrections
(NESHAP) for the Manufacture of and Standards, U.S. Environmental IV. Summary of Cost, Environmental, and
Amino/Phenolic Resins (APR). These Protection Agency, Research Triangle Economic Impacts
final amendments are in response to Park, North Carolina 27711; telephone A. What are the affected sources?
petitions for reconsideration regarding number: (919) 541–1185; email address: B. What are the air quality impacts?
the APR NESHAP rule revisions that diem.art@epa.gov. For information C. What are the cost impacts?
were promulgated on October 8, 2014. about the applicability of the NESHAP D. What are the economic impacts?
In this action, we are revising the to a particular entity, contact Ms. Maria E. What are the benefits?
V. Statutory and Executive Order Reviews
maximum achievable control Malave, Office of Enforcement and A. Executive Order 12866: Regulatory
technology (MACT) standard for Compliance Assurance, U.S. Planning and Review and Executive
continuous process vents (CPVs) at Environmental Protection Agency, EPA Order 13563: Improving Regulation and
existing affected sources. In addition, WJC South Building, Mail Code 2227A, Regulatory Review
we are extending the compliance date 1200 Pennsylvania Ave. NW, B. Executive Order 13771: Reducing
for CPVs at existing sources. We also are Washington, DC 20460; telephone Regulations and Controlling Regulatory
revising the requirements for storage number: (202) 564–7027; fax number: Costs
khammond on DSK30JT082PROD with RULES
vessels at new and existing sources (202) 564–0050; and email address: C. Paperwork Reduction Act (PRA)
during periods when an emission malave.maria@epa.gov. D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act
control system used to control vents on SUPPLEMENTARY INFORMATION: (UMRA)
fixed roof storage vessels is undergoing Acronyms and Abbreviations. A F. Executive Order 13132: Federalism
planned routine maintenance. To number of acronyms and abbreviations G. Executive Order 13175: Consultation
improve the clarity of the APR are used in this preamble. While this and Coordination With Indian Tribal
NESHAP, we are also finalizing five may not be an exhaustive list, to ease Governments
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Document Created: 2018-10-13 10:04:31
Document Modified: 2018-10-13 10:04:31
| 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 November 14, 2018. | |
| Contact | Regan A. Smith, General Counsel and Associate Register of Copyrights, by email at [email protected], or Jalyce Mangum, Attorney-Advisor, by email at [email protected] Each can be contacted by telephone by calling (202) 707-8350. | |
| FR Citation | 83 FR 51840 | |
| CFR Associated | Copyright and General Provisions |
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