83 FR 61546 - Group Registration of Newsletters and Serials
LIBRARY OF CONGRESS
Copyright Office Federal Register Volume 83, Issue 231 (November 30, 2018)
Copyright Office
Federal Register Volume 83, Issue 231 (November 30, 2018)
| Page Range | 61546-61551 | |
| FR Document | 2018-26091 |
[Federal Register Volume 83, Number 231 (Friday, November 30, 2018)] [Rules and Regulations] [Pages 61546-61551] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-26091] ======================================================================= ----------------------------------------------------------------------- LIBRARY OF CONGRESS Copyright Office 37 CFR Parts 201 and 202 [Docket Nos. 2018-2, 2018-3] Group Registration of Newsletters and Serials AGENCY: U.S. Copyright Office, Library of Congress. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Copyright Office is amending its regulations governing the group registration options for newsletters and serials. With respect to group newsletters, the final rule amends the definition of ``newsletter,'' eliminating the requirement that each issue must be a work made for hire, and the provision stating that group newsletter claims must be received within three months after publication. Under the final rule, newsletter publishers now should register their issues with the online application and upload a digital copy of each issue through the electronic registration system instead of submitting them in a physical form. With respect to group serials, the final rule clarifies that serials governed by the rule generally must be published at intervals of a week or longer, and that the publication dates provided in the application need not match the dates appearing on the issues themselves. In addition, the rule phases out the paper application for group serials and the submission of physical copies. Beginning one year after the rule goes into effect, serial publishers will be required to use the online application for group serials and to upload a digital copy of each issue, rather than submitting them in a physical form. The final rule updates the regulations for both newsletters and serials by confirming that publishers do not need to provide the Library of Congress with complimentary subscriptions to or microfilm of each issue as a condition for registering their works with the Office, but newsletter and serial issues that are submitted for purposes of registration will no longer satisfy the mandatory deposit requirement. Publishers will be expected to separately provide the Library with two complimentary subscriptions if the newsletter or serial is published in the United States in a physical format (unless the publisher is informed that the publication is not needed for the Library's collections). If the newsletter or serial is published solely in electronic form, the publisher will remain exempt from mandatory deposit [[Page 61547]] unless the Office issues a formal demand for copies of that publication. DATES: Effective date: December 31, 2018. FOR FURTHER INFORMATION CONTACT: Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, or Erik Bertin, Deputy Director of Registration Policy and Practice, by telephone at 202-707-8040, or by email at [email protected] or [email protected]; or Cindy Paige Abramson, Assistant General Counsel, by telephone at 202-707-0676, or by email at [email protected]. SUPPLEMENTARY INFORMATION: On May 17, 2018, the Copyright Office (the ``Office'') published two notices of proposed rulemaking (``NPRMs'') setting forth proposed amendments to the regulations governing the group registration options for newsletters and serials. 83 FR 22902 (May 17, 2018); 83 FR 22896 (May 17, 2018). The Office did not receive any comments in response to the NPRM on group newsletters. In response to the NPRM on group serials, the Office received comments from the Copyright Alliance and one individual.\1\ Having reviewed and carefully considered these comments, the Office is issuing a final rule that is nearly identical to the rule proposed in the NPRM on group newsletters, and substantially similar to the rule proposed in the NPRM on group serials; in both cases, the Office has made a few modifications reflecting the concerns raised by the comments regarding online registration and electronic submission of deposits regarding group registration of serials, which are discussed in more detail below.\2\ --------------------------------------------------------------------------- \1\ The comments can be found on the Copyright Office's website at https://www.copyright.gov/rulemaking/group-serials/. \2\ The final rule also includes a few technical amendments. The rule has been revised to account for a recent amendment that was made by the final rule on group registration of newspapers. See 83 FR 25375 (June 1, 2018). The rule removes cross-references to the prior regulations on newsletters and serials. See 37 CFR 202.4(l), 202.6(e)(1). It also corrects an error made by the Federal Register in publishing the regulation on supplementary registration. See 82 FR 27424 (June 15, 2017). Specifically, the rule removes the term ``SE.'' (which is an abbreviation for ``southeast'') and replaces it with the term ``SE'' (which is the correct abbreviation for the term ``serials''). See 37 CFR 202.6(e)(1). --------------------------------------------------------------------------- Topics Involving Solely the Group Registration Option for Newsletters The final rule revises current practices for the group registration option for newsletters. It clarifies and expands the category of works eligible for this option by amending the definition of what constitutes a ``newsletter'' and by making clear that newsletters need not be collective works. It also eliminates the work-made-for-hire requirement and the requirement that the issues must be submitted within three months after publication. The final rule also phases out the paper application (known as Form G/DN) and generally requires applicants to register their newsletters using the designated online application. In addition, it requires applicants to upload their newsletters in a digital format through the electronic registration system. If an applicant submits Form G/DN after the effective date of the final rule, the Office will refuse to register the claim. Likewise, the Office will refuse registration if an applicant submits physical copies of a newsletter, such as printed copies or photocopies, or digital copies that have been saved onto a flash drive, disc, or other physical storage medium. Topics Involving Solely the Group Registration Options for Serials The final rule codifies, clarifies, and revises current practices for the group registration option for serials. First, the final rule requires that each claim must include at least two issues, that each issue must be a work made for hire, and that the author and copyright claimant for each issue must be the same person or organization. Second, the final rule eliminates the current requirement that each issue must have been created no more than one year prior to publication. Third, the final rule requires that applicants may only register serials that are ``generally . . . published at intervals of a week or longer'' (e.g., weekly, every two weeks, monthly), and requires that the issues be ``published in a given three month period'' within ``the same calendar year.'' The proposed rule reflected the current practice that issues must be published at intervals of one week or more, however, the Copyright Alliance noted that publishers sometimes distribute two issues during the same week, such as when a ``special'' issue is published in addition to a regularly scheduled issue.\3\ To accommodate these practices, the final rule clarifies that a serial must ``generally'' be published at intervals of one week or more. The Copyright Alliance also explained that issues may be published in one month but contain an issue date for the following month and, in the case of issues published in December, may contain the issue date for January of the following year.\4\ Based on this information, the final rule eliminates the requirements that the issues themselves must bear issue dates reflecting the same three-month period and the same calendar year. Instead, applicants will be required to provide a publication date for each issue in the group. --------------------------------------------------------------------------- \3\ Copyright Alliance Comment at 2-3. \4\ Copyright Alliance Comment at 2. --------------------------------------------------------------------------- Fourth, the final rule requires that each issue must be an ``all- new'' collective work that has not been previously published, and each issue must be fixed and distributed as a discrete, self-contained collective work. The Copyright Alliance expressed concern that this requirement may prevent publishers from registering ``enhanced, digital issues which may contain content hosted on and linked to another platform such as videos and blogs that allow the reader to manipulate or interact with the issue.'' \5\ The Office does not believe a change to the language of the rule is necessary. If a particular issue contains enhanced content, such as an embedded video, the registration will cover that material if it is included within the deposit and if the examiner can access and view that material in the context where it appears within the actual serial.\6\ Any additional content that appears on the publisher's website--but does not appear within the issues themselves--must be registered separately. --------------------------------------------------------------------------- \5\ Copyright Alliance Comment at 2. \6\ See U.S. Copyright Office, Compendium of U.S. Copyright Office Practices, sec. 1508.1 (3d ed. 2017) (noting that the Office ``must be able to perceive the entire content of the work, including the context where each element appears within the work as a whole''). --------------------------------------------------------------------------- Fifth, the final rule generally requires applicants to register their issues using the online application designated for group serial claims, and eliminates the paper application known as Form SE/Group.\7\ --------------------------------------------------------------------------- \7\ An individual filed a public comment supporting the requirement for applicants to file electronically and stated that he believed this would promote efficiency, reduce the burden on applicants, and encourage broader participation in the registration system. Kotelnikov Comment at 1. The Copyright Alliance also agreed that eliminating the paper form and requiring publishers to use the online application will ``facilitate economy and efficiency.'' Copyright Alliance Comment at 3. --------------------------------------------------------------------------- Finally, the final rule amends the deposit requirements by requiring applicants to upload their issues in digital form through the electronic registration system, instead of submitting them in a physical form, absent exceptional cases. While the Copyright Alliance agreed that requiring publishers to upload a digital copy of each issue ``will generally `increase the efficiency of the group registration [[Page 61548]] process,' '' it questioned whether the electronic registration system is capable of handling large digital files, whether the process of uploading these files may be burdensome for some publishers, and whether the Office has implemented and deployed robust security measures to protect its digital deposits.\8\ The Copyright Alliance suggested that the Office should gradually phase out the paper application and continue to accept physical deposits ``[u]ntil the registration system is able to fully accommodate the digital deposit process.'' \9\ After carefully reviewing these comments, the Office has decided to adopt the online digital deposit requirement proposed in the NPRM, but to give publishers time to adjust to this change, the Office will continue to accept physical deposits and paper applications for another twelve months. Generally, if a publisher submits a Form SE/ Group or submits a physical deposit after the phase-out period has expired, the Office will refuse to register the claim. --------------------------------------------------------------------------- \8\ Copyright Alliance Comment at 3. \9\ Copyright Alliance Comment at 3. --------------------------------------------------------------------------- The Office has concluded that the other concerns raised by the Copyright Alliance about digital deposits were already adequately addressed by the proposed rule. The Office has accepted digital deposits from serial publishers since September 14, 2012, and is not aware of any technical issues that have prevented them from using the upload feature. The current registration system will accept any digital deposit, as long as it is submitted in an acceptable file format and does not exceed 500MB. And as noted in the proposed rule, the files may be compressed to comply with this limit, if necessary. The Office first introduced its electronic registration system more than a decade ago, and as the Copyright Alliance acknowledged, the Office has not experienced any issues concerning the security of its digital deposits.\10\ The Office utilizes a multi-level security design to ensure the confidentiality and integrity of the files that are stored within this system. The system is certified to operate at the moderate security level, as defined by the FIPS 200 and SP 800-53 standards published by the National Institute of Standards and Technology.\11\ The entire system operates on hardware and software that is dedicated to this system and it does not share storage resources with other systems. Strict access controls have been placed throughout the system that enforce the principle of ``least privilege,'' meaning that each type of user may access only what is needed for that particular role. The system is also protected by multiple levels of network firewalls and other network-based security, such as anti-malware protection, and it is continuously monitored to ensure that these security controls remain effective. --------------------------------------------------------------------------- \10\ Copyright Alliance Comment at 3. \11\ See NIST, Federal Information Processing Standards Publication 200, Minimum Security Requirements for Federal Information and Information Systems, and NIST, Special Publication 800-53, Recommended Security Controls for Federal Information Systems, available at https://csrc.nist.gov/publications/. --------------------------------------------------------------------------- In addition to these technical measures, the Office's regulations restrict the parties who may obtain access to its digital registration deposits. Briefly stated, the Office will provide a copy of a registration deposit only if it receives (i) written authorization from the copyright claimant or the owner of the exclusive rights in the work, (ii) a written request from an attorney representing a plaintiff or defendant in litigation involving that work, or (iii) a court order directing the Office to produce a copy of that work for use in a legal proceeding.\12\ --------------------------------------------------------------------------- \12\ See 37 CFR 201.2(d)(2). --------------------------------------------------------------------------- Similarly, regulations restrict how parties may access digital registration deposits that have been transferred to the Library of Congress. Specifically, the Library currently provides access to the digital registration deposits that it receives through the group registration option for newspaper issues, subject to certain conditions specified in the regulations.\13\ But the Library currently does not provide public access to digital registration deposits for any other type of work, including deposits submitted under the group registration option for serial issues. As noted in the NPRM on group newspapers, the Library would like to expand the regulation to include other types of digital registration deposits, but before doing so, the Office will conduct separate rulemakings to provide notice and seek comment from the public.\14\ --------------------------------------------------------------------------- \13\ See 37 CFR 202.18 (limiting access to electronic works to ``two Library of Congress authorized users via a secure server over a secure network that serves Library of Congress premises''). \14\ See 82 FR at 51377. --------------------------------------------------------------------------- Topics Involving Both the Group Registration Option for Newsletters and the Group Registration Option for Serials The final rule makes four changes that modify the regulations governing both newsletters and serials. First, the rule memorializes the Office's longstanding position regarding the scope of a group registration. It confirms that a registration for a group of newsletter or serial issues covers each issue in the group. It also confirms that if each issue is a collective work, the registration will cover the articles, photographs, illustrations, or other contributions appearing within those issues if they are fully owned by the copyright claimant and if they were first published in those issues. Second, the rule confirms that newsletter and serial publishers will no longer be required to provide the Library of Congress with complimentary subscriptions to or microfilm copies of their issues as a condition for seeking a group registration under section 408(c)(1) of the Copyright Act. The Copyright Alliance applauded the elimination of this requirement.\15\ But newsletter and serial issues that are submitted to the Office for purposes of registration will no longer satisfy the mandatory deposit requirement set forth in section 407 of the Copyright Act.\16\ --------------------------------------------------------------------------- \15\ Copyright Alliance Comment at 1. \16\ The final rule does not apply to newspapers; deposits submitted in compliance with group registration of newspapers also satisfy the mandatory deposit requirement. 37 CFR 202.19(d)(2)(x). --------------------------------------------------------------------------- Third, the rule provides guidance on how newsletter and serial publishers may comply with the mandatory deposit requirement. If a newsletter or serial is published in the United States in a physical format, the publisher will be expected to provide the Library with two complimentary subscriptions to physical copies of that publication, unless the publisher is notified that the newsletter or serial is not needed for the Library's collections. The rule does not change for newsletters or serials published solely in electronic format; in that case, the publisher will not be expected to provide copies of that publication unless the Office issues a formal demand for that newsletter or serial under section 202.24 of the regulations. Fourth, the final rule includes provisions to address the Copyright Alliance's concerns about the potential burdens of electronic filing and digital deposit on applicants transitioning from traditional print to digital media.\17\ These provisions permit the Office to waive the online filing requirement in ``an exceptional case'' and ``subject to such conditions as the Associate Register and Director of the Office of Registration Policy and Practice may impose on the applicant.'' Registrants who do not have internet access or are unable to use the online applications may contact the Office, and the Office will review the specific details of their cases and determine their eligibility. [[Page 61549]] The rule also provides that applicants may request special relief under Sec. 202.20(d) if they are unable to comply with the deposit requirements for these group options. These provisions are consistent with recently amended rules for group registration of contributions to periodicals and of photographs (published and unpublished) and for supplemental registration.\18\ --------------------------------------------------------------------------- \17\ Copyright Alliance Comment at 3. \18\ 37 CFR 202.4(g)(9), (h)(11), (i)(11), 202.6(e)(7); see also 82 FR 47415, 47419 (Oct. 12, 2017) (proposing same for group registration of unpublished works). --------------------------------------------------------------------------- The Office plans to offer several resources for newsletter and serial publishers that should ease the transition to these new requirements, including an updated version of the Compendium of U.S. Copyright Office Practices, Third Edition and updated Circulars that discuss these group registration options and the mandatory deposit requirements for these types of works. The Office will also update the onscreen instructions and help text that accompanies the online applications for each type of claim, and add warnings to the corresponding paper applications to notify applicants that Forms G/DN and SE/Group will soon be phased out. List of Subjects 37 CFR Part 201 Copyright. 37 CFR Part 202 Copyright. Final Regulations For the reasons set forth in the preamble, the Copyright Office amends 37 CFR parts 201 and 202 as follows: PART 201--GENERAL PROVISIONS 0 1. The authority citation for part 201 continues to read as follows: Authority: 17 U.S.C. 702. 0 2. Amend Sec. 201.1 by revising paragraph (c)(6) to read as follows: Sec. 201.1 Communication with the Copyright Office. * * * * * (c) * * * (6) Mandatory Deposit Copies. Mandatory deposit copies of published works submitted for the Library of Congress under 17 U.S.C. 407 and Sec. 202.19 of this chapter (including complimentary subscriptions to serial publications), and newspaper microfilm copies submitted under Sec. 202.4(e) of this chapter, should be addressed to: Library of Congress, U.S. Copyright Office, Attn: 407 Deposits, 101 Independence Avenue SE, Washington, DC 20559-6600. * * * * * 0 3. Amend Sec. 201.3 by revising paragraph (c)(6) to read as follows: Sec. 201.3 Fees for registration, recordation, and related services, special services, and services performed by the Licensing Division. * * * * * (c) * * * ------------------------------------------------------------------------ Registration, recordation and related services Fees ($) ------------------------------------------------------------------------ * * * * * * * (6) Registration of a claim in a group of serials (per 25 issue, minimum two issues)............................. * * * * * * * ------------------------------------------------------------------------ * * * * * PART 202--PREREGISTRATION AND REGISTRATION OF CLAIMS TO COPYRIGHT 0 4. The authority citation for part 202 continues to read as follows: Authority: 17 U.S.C. 408(f), 702. Sec. 202.3 [Amended] 0 5. Amend Sec. 202.3 by removing and reserving paragraphs (b)(6) and (9). 0 6. Amend Sec. 202.4 as follows: 0 a. Add paragraphs (d) and (f). 0 b. In paragraph (l) remove ``through (7), or (9)''. 0 c. Revise the first sentence of paragraph (n). The additions and revision read as follows: Sec. 202.4 Group registration. * * * * * (d) Group registration of serials. Pursuant to the authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has determined that a group of serial issues may be registered with one application, the required deposit, and the filing fee required by Sec. 201.3(c) of this chapter, if the following conditions are met: (1) Eligible works. (i) All the issues in the group must be serials. (ii) The group must include at least two issues. (iii) Each issue in the group must be an all-new collective work that has not been previously published, each issue must be fixed and distributed as a discrete, self-contained collective work, and the claim in each issue must be limited to the collective work. (iv) Each issue in the group must be a work made for hire, and the author and claimant for each issue must be the same person or organization. (v) The serial generally must be published at intervals of a week or longer. All of the issues must be published within three months, under the same continuing title, within the same calendar year, and the applicant must specify the date of publication for each issue in the group. (2) Application. The applicant may complete and submit the online application designated for a group of serial issues. Alternatively, the applicant may complete and submit a paper application using Form SE/ Group, provided that the application is received on or before December 30, 2019. The application may be submitted by any of the parties listed in Sec. 202.3(c)(1). (3) Deposit. The applicant must submit one complete copy of each issue that is included in the group. Copies submitted under this paragraph will be considered solely for the purpose of registration under 17 U.S.C. 408, and will not satisfy the mandatory deposit requirement under 17 U.S.C. 407. (i) The issues may be submitted in digital form if the following requirements have been met. Each issue must be contained in a separate electronic file. The applicant must use the file-naming convention and submit digital files in accordance with instructions specified on the Copyright Office's website. The files must be submitted in Portable Document Format (PDF), they must be assembled in an orderly form, and they must be uploaded to the electronic registration system as individual electronic files (i.e., not .zip files). The files must be viewable and searchable, contain [[Page 61550]] embedded fonts, and be free from any access restrictions (such as those implemented through digital rights management) that prevent the viewing and examination of the work. The file size for each uploaded file must not exceed 500 megabytes, but files may be compressed to comply with this requirement. (ii) Alternatively, the applicant may submit a physical copy of each issue, provided that the deposit is received on or before December 30, 2019. If the claim is submitted with an online application, the copies must be accompanied by the required shipping slip generated by the electronic registration system, the shipping slip must be attached to one of the copies, the copies and the shipping slip must be included in the same package, and the package must be sent to the address specified on the shipping slip. (4) Exceptional cases. In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (d)(2) of this section or may grant special relief from the deposit requirement under Sec. 202.20(d), subject to such conditions as the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose on the applicant. * * * * * (f) Group registration of newsletters. Pursuant to the authority granted by 17 U.S.C. 408(c)(1), the Register of Copyrights has determined that a group of newsletter issues may be registered with one application, the required deposit, and the filing fee required by Sec. 201.3(c) of this chapter, if the following conditions are met: (1) Eligible works. (i) All the issues in the group must be newsletters. For purposes of this section, a newsletter is a serial that is published and distributed by mail, electronic media, or other medium, including paper, email, or download. Publication must usually occur at least two days each week and the newsletter must contain news or information that is chiefly of interest to a special group, such as trade and professional associations, colleges, schools, or churches. Newsletters are typically distributed through subscriptions, but are not distributed through newsstands or other retail outlets. (ii) The group must include at least two issues. (iii) Each issue in the group must be an all-new issue or an all- new collective work that has not been previously published, and each issue must be fixed and distributed as a discrete, self-contained work. (iv) The author and claimant for each issue must be the same person or organization. (v) All the issues in the group must be published under the same continuing title, they must be published within the same calendar month and bear issue dates within that month, and the applicant must identify the earliest and latest date that the issues were published during that month. (2) Application. The applicant must complete and submit the online application designated for a group of newsletter issues. The application may be submitted by any of the parties listed in Sec. 202.3(c)(1). (3) Deposit. The applicant must submit one complete copy of each issue that is included in the group. The issues must be submitted in digital form, and each issue must be contained in a separate electronic file. The applicant must use the file-naming convention and submit digital files in accordance with instructions specified on the Copyright Office's website. The files must be submitted in Portable Document Format (PDF), they must be assembled in an orderly form, and they must be uploaded to the electronic registration system as individual electronic files (i.e., not .zip files). The files must be viewable and searchable, contain embedded fonts, and be free from any access restrictions (such as those implemented through digital rights management) that prevent the viewing and examination of the work. The file size for each uploaded file must not exceed 500 megabytes, but files may be compressed to comply with this requirement. Copies submitted under this paragraph will be considered solely for the purpose of registration under 17 U.S.C. 408, and will not satisfy the mandatory deposit requirement under 17 U.S.C. 407. (4) Exceptional cases. In an exceptional case, the Copyright Office may waive the online filing requirement set forth in paragraph (f)(2) of this section or may grant special relief from the deposit requirement under Sec. 202.20(d), subject to such conditions as the Associate Register of Copyrights and Director of the Office of Registration Policy and Practice may impose on the applicant. * * * * * (n) The scope of a group registration. When the Office issues a group registration under paragraphs (d), (e), or (f) of this section, the registration covers each issue in the group and each issue is registered as a separate work or a separate collective work (as the case may be). * * * * * * * * Sec. 202.6 [Amended] 0 7. In Sec. 202.6(e)(1) remove ``Sec. 202.3(b)(6) through (10) or''; and remove ``SE.'' and add ``SE'' in its place. 0 8. Amend Sec. 202.19 by adding paragraph (d)(2)(xi) to read as follows: Sec. 202.19 Deposit of published copies or phonorecords for the Library of Congress. * * * * * (d) * * * (2) * * * (xi) In the case of serials (as defined in Sec. 202.3(b)(1)(v), but excluding newspapers) published in the United States in a physical format, or in both a physical and an electronic format, the copyright owner or the owner of the exclusive right of publication must provide the Library of Congress with two complimentary subscriptions to the serial, unless the Copyright Acquisitions Division informs the owner that the serial is not needed for the Library's collections. Subscription copies must be physically mailed to the Copyright Office, at the address for mandatory deposit copies specified in Sec. 201.1(c) of this chapter, promptly after the publication of each issue, and the subscription(s) must be maintained on an ongoing basis. The owner may cancel the subscription(s) if the serial is no longer published by the owner, if the serial is no longer published in the United States in a physical format, or if the Copyright Acquisitions Division informs the owner that the serial is no longer needed for the Library's collections. In addition, prior to commencing the subscriptions, the owner must send a letter to the Copyright Acquisitions Division at the address specified in Sec. 201.1(b) of this chapter confirming that the owner will provide the requested number of subscriptions for the Library of Congress. The letter must include the name of the publisher, the title of the serial, the International Standard Serial Number (``ISSN'') that has been assigned to the serial (if any), and the issue date and the numerical or chronological designations that appear on the first issue that will be provided under the subscriptions. * * * * * Sec. 202.20 [Amended] 0 9. Amend Sec. 202.20 by removing and reserving paragraph (c)(2)(xvii). 0 10. In Appendix B to Part 202, revise the last sentence of paragraph a. to read as follows: [[Page 61551]] Appendix B to Part 202--``Best Edition'' of Published Copyrighted Works for the Collections of the Library of Congress a. * * * (For works first published only in a country other than the United States, the law requires the deposit of the work as first published.) * * * * * Dated: November 5, 2018. Karyn A. Temple, Acting Register of Copyrights. Approved by: Carla D. Hayden, Librarian of Congress. [FR Doc. 2018-26091 Filed 11-29-18; 8:45 am] BILLING CODE 1410-30-P
![61546 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations
governments in the exercise of their requirements, definitions, selection LIBRARY OF CONGRESS
governmental functions. criteria, and other provisions in the
In accordance with these Executive authorizing statute for this program. Copyright Office
orders, the Department has assessed the
potential costs and benefits, both Paperwork Reduction Act of 1995 37 CFR Parts 201 and 202
quantitative and qualitative, of this
The final priorities, requirements, and [Docket Nos. 2018–2, 2018–3]
regulatory action. The potential costs
are those resulting from statutory selection criteria contain information
collection requirements that are Group Registration of Newsletters and
requirements and those we have Serials
determined as necessary for approved by OMB under OMB control
administering the Department’s number 1894–0006; the final priorities, AGENCY: U.S. Copyright Office, Library
programs and activities. requirements, and selection criteria do of Congress.
not affect the currently approved data ACTION: Final rule.
Discussion of Potential Costs and collection.
Benefits SUMMARY: The U.S. Copyright Office is
Intergovernmental Review: This amending its regulations governing the
The Department believes that this program is subject to Executive Order
regulatory action does not impose group registration options for
12372 and the regulations in 34 CFR newsletters and serials. With respect to
significant costs on eligible entities,
part 79. One of the objectives of the group newsletters, the final rule amends
whose participation in this program is
voluntary. While this action does Executive order is to foster an the definition of ‘‘newsletter,’’
impose some requirements on intergovernmental partnership and a eliminating the requirement that each
participating CMOs that are cost- strengthened federalism. The Executive issue must be a work made for hire, and
bearing, the Department expects that order relies on processes developed by the provision stating that group
applicants for this program will include State and local governments for newsletter claims must be received
in their proposed budgets a request for coordination and review of proposed within three months after publication.
funds to support compliance with such Federal financial assistance. Under the final rule, newsletter
cost-bearing requirements. Therefore, publishers now should register their
This document provides early
costs associated with meeting these issues with the online application and
notification of our specific plans and
requirements are, in the Department’s upload a digital copy of each issue
actions for this program. through the electronic registration
estimation, minimal.
This regulatory action strengthens Accessible Format: Individuals with system instead of submitting them in a
accountability for the use of Federal disabilities can obtain this document in physical form. With respect to group
funds by helping to ensure that the an accessible format (e.g., braille, large serials, the final rule clarifies that serials
Department selects for CSP grants the print, audiotape, or compact disc) on governed by the rule generally must be
CMOs that are most capable of request to the program contact person published at intervals of a week or
expanding the number of high-quality listed under FOR FURTHER INFORMATION longer, and that the publication dates
charter schools available to our Nation’s CONTACT. provided in the application need not
students, consistent with a major match the dates appearing on the issues
Electronic Access to This Document:
purpose of the CSP as described in themselves. In addition, the rule phases
The official version of this document is
section 4301(3) of the ESEA. The out the paper application for group
the document published in the Federal
Department believes that these benefits serials and the submission of physical
Register. You may access the official copies. Beginning one year after the rule
to the Federal government and to State edition of the Federal Register and the
educational agencies outweigh the costs goes into effect, serial publishers will be
Code of Federal Regulations via the required to use the online application
associated with this action. Federal Digital System at: www.gpo.gov/ for group serials and to upload a digital
Regulatory Alternatives Considered fdsys. At this site you can view this copy of each issue, rather than
The Department believes that the document, as well as all other submitting them in a physical form. The
priorities, requirements, definitions, and documents of the Department published final rule updates the regulations for
selection criteria are needed to in the Federal Register, in text or both newsletters and serials by
administer the program effectively. As Portable Document Format (PDF). To confirming that publishers do not need
an alternative to the selection criteria use PDF you must have Adobe Acrobat to provide the Library of Congress with
announced in this document, the Reader, which is available free at the complimentary subscriptions to or
Department could choose from among site. microfilm of each issue as a condition
the selection criteria authorized for CSP You may also access documents of the for registering their works with the
grants to CMOs in section 4305(b) of the Department published in the Federal Office, but newsletter and serial issues
ESEA (20 U.S.C. 7221c) and the general Register by using the article search that are submitted for purposes of
selection criteria in 34 CFR 75.210. We registration will no longer satisfy the
feature at: www.federalregister.gov.
do not believe that these criteria provide mandatory deposit requirement.
Specifically, through the advanced
a sufficient basis on which to evaluate Publishers will be expected to
search feature at this site, you can limit separately provide the Library with two
the quality of applications. In particular,
your search to documents published by complimentary subscriptions if the
the criteria do not sufficiently enable
the Department to assess an applicant’s the Department. newsletter or serial is published in the
past performance with respect to the Dated: November 27, 2018. United States in a physical format
amozie on DSK3GDR082PROD with RULES
operation of high-quality charter schools James C. Blew, (unless the publisher is informed that
or with respect to compliance issues Acting Assistant Deputy Secretary for the publication is not needed for the
that the applicant has encountered. Innovation and Improvement. Library’s collections). If the newsletter
We note that several of the final [FR Doc. 2018–26095 Filed 11–29–18; 8:45 am]
or serial is published solely in
priorities, requirements, definitions, and electronic form, the publisher will
BILLING CODE 4000–01–P
selection criteria are based on priorities, remain exempt from mandatory deposit
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![61548 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations
process,’ ’’ it questioned whether the is dedicated to this system and it does of newsletter or serial issues covers each
electronic registration system is capable not share storage resources with other issue in the group. It also confirms that
of handling large digital files, whether systems. Strict access controls have if each issue is a collective work, the
the process of uploading these files may been placed throughout the system that registration will cover the articles,
be burdensome for some publishers, and enforce the principle of ‘‘least photographs, illustrations, or other
whether the Office has implemented privilege,’’ meaning that each type of contributions appearing within those
and deployed robust security measures user may access only what is needed for issues if they are fully owned by the
to protect its digital deposits.8 The that particular role. The system is also copyright claimant and if they were first
Copyright Alliance suggested that the protected by multiple levels of network published in those issues.
Office should gradually phase out the firewalls and other network-based Second, the rule confirms that
paper application and continue to security, such as anti-malware newsletter and serial publishers will no
accept physical deposits ‘‘[u]ntil the protection, and it is continuously longer be required to provide the
registration system is able to fully monitored to ensure that these security Library of Congress with complimentary
accommodate the digital deposit controls remain effective. subscriptions to or microfilm copies of
process.’’ 9 After carefully reviewing In addition to these technical their issues as a condition for seeking a
these comments, the Office has decided measures, the Office’s regulations group registration under section
to adopt the online digital deposit restrict the parties who may obtain 408(c)(1) of the Copyright Act. The
requirement proposed in the NPRM, but access to its digital registration deposits. Copyright Alliance applauded the
to give publishers time to adjust to this Briefly stated, the Office will provide a elimination of this requirement.15 But
change, the Office will continue to copy of a registration deposit only if it newsletter and serial issues that are
accept physical deposits and paper receives (i) written authorization from submitted to the Office for purposes of
applications for another twelve months. the copyright claimant or the owner of registration will no longer satisfy the
Generally, if a publisher submits a Form the exclusive rights in the work, (ii) a mandatory deposit requirement set forth
SE/Group or submits a physical deposit written request from an attorney in section 407 of the Copyright Act.16
after the phase-out period has expired, representing a plaintiff or defendant in Third, the rule provides guidance on
the Office will refuse to register the litigation involving that work, or (iii) a how newsletter and serial publishers
claim. court order directing the Office to may comply with the mandatory deposit
The Office has concluded that the produce a copy of that work for use in requirement. If a newsletter or serial is
other concerns raised by the Copyright a legal proceeding.12 published in the United States in a
Alliance about digital deposits were Similarly, regulations restrict how physical format, the publisher will be
already adequately addressed by the parties may access digital registration expected to provide the Library with
proposed rule. The Office has accepted deposits that have been transferred to two complimentary subscriptions to
digital deposits from serial publishers the Library of Congress. Specifically, the physical copies of that publication,
since September 14, 2012, and is not Library currently provides access to the unless the publisher is notified that the
aware of any technical issues that have digital registration deposits that it newsletter or serial is not needed for the
prevented them from using the upload receives through the group registration Library’s collections. The rule does not
feature. The current registration system option for newspaper issues, subject to change for newsletters or serials
will accept any digital deposit, as long certain conditions specified in the published solely in electronic format; in
as it is submitted in an acceptable file regulations.13 But the Library currently that case, the publisher will not be
format and does not exceed 500MB. does not provide public access to digital expected to provide copies of that
And as noted in the proposed rule, the registration deposits for any other type publication unless the Office issues a
files may be compressed to comply with of work, including deposits submitted formal demand for that newsletter or
this limit, if necessary. under the group registration option for serial under section 202.24 of the
The Office first introduced its serial issues. As noted in the NPRM on regulations.
electronic registration system more than group newspapers, the Library would Fourth, the final rule includes
a decade ago, and as the Copyright like to expand the regulation to include provisions to address the Copyright
Alliance acknowledged, the Office has other types of digital registration Alliance’s concerns about the potential
not experienced any issues concerning deposits, but before doing so, the Office burdens of electronic filing and digital
the security of its digital deposits.10 The will conduct separate rulemakings to deposit on applicants transitioning from
provide notice and seek comment from traditional print to digital media.17
Office utilizes a multi-level security
the public.14 These provisions permit the Office to
design to ensure the confidentiality and
waive the online filing requirement in
integrity of the files that are stored Topics Involving Both the Group ‘‘an exceptional case’’ and ‘‘subject to
within this system. The system is Registration Option for Newsletters and such conditions as the Associate
certified to operate at the moderate the Group Registration Option for Register and Director of the Office of
security level, as defined by the FIPS Serials Registration Policy and Practice may
200 and SP 800–53 standards published The final rule makes four changes that impose on the applicant.’’ Registrants
by the National Institute of Standards modify the regulations governing both who do not have internet access or are
and Technology.11 The entire system newsletters and serials. unable to use the online applications
operates on hardware and software that First, the rule memorializes the may contact the Office, and the Office
Office’s longstanding position regarding will review the specific details of their
8 Copyright Alliance Comment at 3.
9 Copyright
the scope of a group registration. It cases and determine their eligibility.
Alliance Comment at 3.
confirms that a registration for a group
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10 Copyright Alliance Comment at 3.
11 See NIST, Federal Information Processing 15 Copyright Alliance Comment at 1.
12 See 37 CFR 201.2(d)(2). 16 The
Standards Publication 200, Minimum Security final rule does not apply to newspapers;
13 See 37 CFR 202.18 (limiting access to electronic deposits submitted in compliance with group
Requirements for Federal Information and
Information Systems, and NIST, Special Publication works to ‘‘two Library of Congress authorized users registration of newspapers also satisfy the
800–53, Recommended Security Controls for via a secure server over a secure network that serves mandatory deposit requirement. 37 CFR
Federal Information Systems, available at https:// Library of Congress premises’’). 202.19(d)(2)(x).
csrc.nist.gov/publications/. 14 See 82 FR at 51377. 17 Copyright Alliance Comment at 3.
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![Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations 61549
The rule also provides that applicants notify applicants that Forms G/DN and (c) * * *
may request special relief under SE/Group will soon be phased out. (6) Mandatory Deposit Copies.
§ 202.20(d) if they are unable to comply List of Subjects Mandatory deposit copies of published
with the deposit requirements for these works submitted for the Library of
group options. These provisions are 37 CFR Part 201
Congress under 17 U.S.C. 407 and
consistent with recently amended rules Copyright. § 202.19 of this chapter (including
for group registration of contributions to complimentary subscriptions to serial
periodicals and of photographs 37 CFR Part 202
publications), and newspaper microfilm
(published and unpublished) and for Copyright.
copies submitted under § 202.4(e) of this
supplemental registration.18 Final Regulations chapter, should be addressed to: Library
The Office plans to offer several For the reasons set forth in the of Congress, U.S. Copyright Office, Attn:
resources for newsletter and serial preamble, the Copyright Office amends 407 Deposits, 101 Independence
publishers that should ease the 37 CFR parts 201 and 202 as follows: Avenue SE, Washington, DC 20559–
transition to these new requirements, 6600.
including an updated version of the PART 201—GENERAL PROVISIONS * * * * *
Compendium of U.S. Copyright Office
Practices, Third Edition and updated ■ 1. The authority citation for part 201 ■ 3. Amend § 201.3 by revising
Circulars that discuss these group continues to read as follows: paragraph (c)(6) to read as follows:
registration options and the mandatory Authority: 17 U.S.C. 702.
deposit requirements for these types of § 201.3 Fees for registration, recordation,
■ 2. Amend § 201.1 by revising and related services, special services, and
works. The Office will also update the paragraph (c)(6) to read as follows: services performed by the Licensing
onscreen instructions and help text that Division.
accompanies the online applications for § 201.1 Communication with the Copyright
each type of claim, and add warnings to Office. * * * * *
the corresponding paper applications to * * * * * (c) * * *
Fees
Registration, recordation and related services ($)
* * * * * * *
(6) Registration of a claim in a group of serials (per issue, minimum two issues) ............................................................................. 25
* * * * * * *
* * * * * and the filing fee required by § 201.3(c) applicant may complete and submit a
of this chapter, if the following paper application using Form SE/Group,
PART 202—PREREGISTRATION AND conditions are met: provided that the application is received
REGISTRATION OF CLAIMS TO (1) Eligible works. (i) All the issues in on or before December 30, 2019. The
COPYRIGHT the group must be serials. application may be submitted by any of
(ii) The group must include at least the parties listed in § 202.3(c)(1).
■ 4. The authority citation for part 202 two issues. (3) Deposit. The applicant must
continues to read as follows: (iii) Each issue in the group must be submit one complete copy of each issue
Authority: 17 U.S.C. 408(f), 702. an all-new collective work that has not that is included in the group. Copies
been previously published, each issue submitted under this paragraph will be
§ 202.3 [Amended] must be fixed and distributed as a considered solely for the purpose of
■ 5. Amend § 202.3 by removing and discrete, self-contained collective work, registration under 17 U.S.C. 408, and
reserving paragraphs (b)(6) and (9). and the claim in each issue must be will not satisfy the mandatory deposit
■ 6. Amend § 202.4 as follows: limited to the collective work. requirement under 17 U.S.C. 407.
■ a. Add paragraphs (d) and (f). (iv) Each issue in the group must be (i) The issues may be submitted in
■ b. In paragraph (l) remove ‘‘through a work made for hire, and the author digital form if the following
(7), or (9)’’. and claimant for each issue must be the requirements have been met. Each issue
■ c. Revise the first sentence of same person or organization. must be contained in a separate
paragraph (n). (v) The serial generally must be electronic file. The applicant must use
The additions and revision read as published at intervals of a week or the file-naming convention and submit
follows: longer. All of the issues must be digital files in accordance with
published within three months, under instructions specified on the Copyright
§ 202.4 Group registration. the same continuing title, within the Office’s website. The files must be
* * * * * same calendar year, and the applicant submitted in Portable Document Format
(d) Group registration of serials. must specify the date of publication for (PDF), they must be assembled in an
Pursuant to the authority granted by 17 each issue in the group. orderly form, and they must be
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U.S.C. 408(c)(1), the Register of (2) Application. The applicant may uploaded to the electronic registration
Copyrights has determined that a group complete and submit the online system as individual electronic files
of serial issues may be registered with application designated for a group of (i.e., not .zip files). The files must be
one application, the required deposit, serial issues. Alternatively, the viewable and searchable, contain
18 37 CFR 202.4(g)(9), (h)(11), (i)(11), 202.6(e)(7); (proposing same for group registration of
see also 82 FR 47415, 47419 (Oct. 12, 2017) unpublished works).
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![61550 Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations
embedded fonts, and be free from any (iv) The author and claimant for each separate collective work (as the case
access restrictions (such as those issue must be the same person or may be). * * *
implemented through digital rights organization. * * * * *
management) that prevent the viewing (v) All the issues in the group must be
and examination of the work. The file § 202.6 [Amended]
published under the same continuing
size for each uploaded file must not title, they must be published within the ■ 7. In § 202.6(e)(1) remove
exceed 500 megabytes, but files may be same calendar month and bear issue ‘‘§ 202.3(b)(6) through (10) or’’; and
compressed to comply with this dates within that month, and the remove ‘‘SE.’’ and add ‘‘SE’’ in its place.
requirement. ■ 8. Amend § 202.19 by adding
applicant must identify the earliest and
(ii) Alternatively, the applicant may
latest date that the issues were paragraph (d)(2)(xi) to read as follows:
submit a physical copy of each issue,
provided that the deposit is received on published during that month.
§ 202.19 Deposit of published copies or
or before December 30, 2019. If the (2) Application. The applicant must phonorecords for the Library of Congress.
claim is submitted with an online complete and submit the online * * * * *
application, the copies must be application designated for a group of (d) * * *
accompanied by the required shipping newsletter issues. The application may (2) * * *
slip generated by the electronic be submitted by any of the parties listed (xi) In the case of serials (as defined
registration system, the shipping slip in § 202.3(c)(1). in § 202.3(b)(1)(v), but excluding
must be attached to one of the copies, (3) Deposit. The applicant must newspapers) published in the United
the copies and the shipping slip must be submit one complete copy of each issue States in a physical format, or in both
included in the same package, and the that is included in the group. The issues a physical and an electronic format, the
package must be sent to the address must be submitted in digital form, and copyright owner or the owner of the
specified on the shipping slip. each issue must be contained in a exclusive right of publication must
(4) Exceptional cases. In an provide the Library of Congress with
separate electronic file. The applicant
exceptional case, the Copyright Office two complimentary subscriptions to the
must use the file-naming convention
may waive the online filing requirement serial, unless the Copyright Acquisitions
set forth in paragraph (d)(2) of this and submit digital files in accordance
with instructions specified on the Division informs the owner that the
section or may grant special relief from serial is not needed for the Library’s
the deposit requirement under Copyright Office’s website. The files
must be submitted in Portable collections. Subscription copies must be
§ 202.20(d), subject to such conditions physically mailed to the Copyright
as the Associate Register of Copyrights Document Format (PDF), they must be
assembled in an orderly form, and they Office, at the address for mandatory
and Director of the Office of Registration
must be uploaded to the electronic deposit copies specified in § 201.1(c) of
Policy and Practice may impose on the
registration system as individual this chapter, promptly after the
applicant.
electronic files (i.e., not .zip files). The publication of each issue, and the
* * * * * subscription(s) must be maintained on
(f) Group registration of newsletters. files must be viewable and searchable,
contain embedded fonts, and be free an ongoing basis. The owner may cancel
Pursuant to the authority granted by 17 the subscription(s) if the serial is no
U.S.C. 408(c)(1), the Register of from any access restrictions (such as
those implemented through digital longer published by the owner, if the
Copyrights has determined that a group serial is no longer published in the
of newsletter issues may be registered rights management) that prevent the
viewing and examination of the work. United States in a physical format, or if
with one application, the required the Copyright Acquisitions Division
deposit, and the filing fee required by The file size for each uploaded file must
not exceed 500 megabytes, but files may informs the owner that the serial is no
§ 201.3(c) of this chapter, if the
be compressed to comply with this longer needed for the Library’s
following conditions are met:
requirement. Copies submitted under collections. In addition, prior to
(1) Eligible works. (i) All the issues in
the group must be newsletters. For this paragraph will be considered solely commencing the subscriptions, the
purposes of this section, a newsletter is for the purpose of registration under 17 owner must send a letter to the
a serial that is published and distributed U.S.C. 408, and will not satisfy the Copyright Acquisitions Division at the
by mail, electronic media, or other mandatory deposit requirement under address specified in § 201.1(b) of this
medium, including paper, email, or 17 U.S.C. 407. chapter confirming that the owner will
download. Publication must usually provide the requested number of
(4) Exceptional cases. In an subscriptions for the Library of
occur at least two days each week and exceptional case, the Copyright Office
the newsletter must contain news or Congress. The letter must include the
may waive the online filing requirement name of the publisher, the title of the
information that is chiefly of interest to set forth in paragraph (f)(2) of this
a special group, such as trade and serial, the International Standard Serial
section or may grant special relief from Number (‘‘ISSN’’) that has been assigned
professional associations, colleges, the deposit requirement under
schools, or churches. Newsletters are to the serial (if any), and the issue date
§ 202.20(d), subject to such conditions and the numerical or chronological
typically distributed through as the Associate Register of Copyrights
subscriptions, but are not distributed designations that appear on the first
and Director of the Office of Registration issue that will be provided under the
through newsstands or other retail Policy and Practice may impose on the
outlets. subscriptions.
applicant.
(ii) The group must include at least * * * * *
two issues. * * * * *
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(iii) Each issue in the group must be (n) The scope of a group registration. § 202.20 [Amended]
an all-new issue or an all-new collective When the Office issues a group ■ 9. Amend § 202.20 by removing and
work that has not been previously registration under paragraphs (d), (e), or reserving paragraph (c)(2)(xvii).
published, and each issue must be fixed (f) of this section, the registration covers ■ 10. In Appendix B to Part 202, revise
and distributed as a discrete, self- each issue in the group and each issue the last sentence of paragraph a. to read
contained work. is registered as a separate work or a as follows:
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![Federal Register / Vol. 83, No. 231 / Friday, November 30, 2018 / Rules and Regulations 61551
Appendix B to Part 202—‘‘Best Edition’’ ACTION: Final rule. form. Publicly available docket
of Published Copyrighted Works for the materials are available through http://
Collections of the Library of Congress SUMMARY: The Environmental Protection www.regulations.gov, or please contact
Agency (EPA) is finalizing action on a the person identified in the FOR FURTHER
a. * * * (For works first published only in
a country other than the United States, the revision to the South Coast Air Quality INFORMATION CONTACT section for
law requires the deposit of the work as first Management District (SCAQMD or additional availability information.
published.) District) portion of the California State
Implementation Plan (SIP). We are FOR FURTHER INFORMATION CONTACT:
* * * * *
finalizing a conditional approval of one Laura Yannayon, EPA Region 9, (415)
Dated: November 5, 2018. rule governing issuance of permits for 972–3534, yannayon.laura@epa.gov.
Karyn A. Temple, stationary sources, including review and
Acting Register of Copyrights. SUPPLEMENTARY INFORMATION:
permitting of major sources and major
Approved by: Throughout this document, the terms
modifications under part D of title I of
Carla D. Hayden, the Clean Air Act (CAA). Specifically, ‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA.
Librarian of Congress. the revision pertains to SCAQMD Rule Table of Contents
[FR Doc. 2018–26091 Filed 11–29–18; 8:45 am] 1325—Federal PM2.5 New Source
Review Program. I. Proposed Action
BILLING CODE 1410–30–P
II. Public Comments and EPA Responses
DATES: This rule will be effective on III. EPA Action
December 31, 2018. IV. Incorporation by Reference
ENVIRONMENTAL PROTECTION ADDRESSES: The EPA has established a V. Statutory and Executive Order Reviews
AGENCY docket for this action under Docket No.
I. Proposed Action
40 CFR Part 52 EPA–R09–OAR–2018–0413. All
documents in the docket are listed on On August 8, 2018 (83 FR 39012), the
[EPA–R09–OAR–2018–0413; FRL–9985–75– the http://www.regulations.gov website. EPA proposed to conditionally approve
Region 9] Although listed in the index, some the following rule that was submitted
information is not publicly available, for incorporation into the SCAQMD
Revisions to California State
e.g., Confidential Business Information portion of the California SIP.
Implementation Plan; South Coast Air
or other information whose disclosure is
Quality Management District;
restricted by statute. Certain other
Stationary Source Permits
material, such as copyrighted material,
AGENCY: Environmental Protection is not placed on the internet and will be
Agency (EPA). publicly available only in hard copy
TABLE 1—SUBMITTED RULE
Rule Rule title Amended Submitted
No.
1325 Federal PM2.5 New Source Review Program ............................................................................................ 11/4/16 5/8/17
We proposed a conditional approval of our proposed approval of Rule 1325, new SIP revisions. However, if the State
of this rule because we determined that, including air pollution monitoring in fails to submit these revisions within
separate from the deficiencies listed in China and India, climate change, and the required timeframe, the conditional
Section II.B of our proposed rulemaking wind and solar power costs and approval will automatically become a
action, the rule met the statutory regulations. None of those comments are disapproval, and EPA will issue a
requirements for SIP revisions as germane to our evaluation of Rule 1325. finding of disapproval. EPA is not
specified in section 110(l) of the CAA, required to propose the finding of
III. EPA Action
as well as the substantive statutory and disapproval.
regulatory requirements for a No comments were submitted that In addition, because we are finalizing
nonattainment New Source Review change our assessment that submitted our proposed action, we are removing
(NSR) permit program as contained in Rule 1325 satisfies the applicable CAA the existing Rule 1325 from the
CAA sections 110(a)(2)(C) and 173(a) requirements. Therefore, under CAA SCAQMD portion of the California SIP.
through (c), and 40 CFR 51.165 that sections 110(k)(4) and 301(a), and for
pertain to a PM2.5 nonattainment area the reasons set forth in our August 8, IV. Incorporation by Reference
classified as Serious. Moreover, we 2018 proposed rule, we are finalizing In this rule, the EPA is finalizing
concluded that if the State submits the the conditional approval of Rule 1325. regulatory text that includes
changes it committed to submit in its This action incorporates Rule 1325 into incorporation by reference. In
July 16, 2018 commitment letter, the the federally enforceable SIP and will be accordance with requirements of 1 CFR
identified deficiencies will be cured. codified through revisions to 40 CFR 51.5, the EPA is finalizing the
52.220 (Identification of plan) and 40 incorporation by reference of the
II. Public Comments and EPA
CFR 52.248 (Identification of plan— SCAQMD rule listed in Table 1 of this
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Responses
conditional approval). preamble. The EPA has made, and will
The EPA’s proposed action provided If the State meets its commitment to continue to make, these materials
a 30-day public comment period. During submit the required changes, the available electronically through
this period, we received two comments revisions to Rule 1325 will remain a www.regulations.gov and in hard copy
on the proposed rule. These comments part of the SIP until EPA takes final at the EPA Region IX Office (please
raised issues that are outside the scope action approving or disapproving the contact the person identified in the FOR
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Document Created: 2018-11-30 04:36:17
Document Modified: 2018-11-30 04:36:17
| 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 date: December 31, 2018. | |
| Contact | Robert J. Kasunic, Associate Register of Copyrights and Director of Registration Policy and Practice, or Erik Bertin, Deputy Director of Registration Policy and Practice, by telephone at 202-707-8040, or by email at [email protected] or [email protected]; or Cindy Paige Abramson, Assistant General Counsel, by telephone at 202-707-0676, or by email at [email protected] | |
| FR Citation | 83 FR 61546 | |
| CFR Citation | 37
CFR
201 37 CFR 202 |
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