This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

8560 

Vol. 86, No. 24 

Monday, February 8, 2021 

1 85 FR 37399 (June 22, 2020). 

2 85 FR 65293 (Oct. 15, 2020). 

LIBRARY OF CONGRESS 

U.S. Copyright Office 

37 CFR Part 201 

[Docket No. 2020–11] 

Exemptions To Permit Circumvention 

of Access Controls on Copyrighted 

Works 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Notice of public hearings. 

SUMMARY: The United States Copyright 

Office will be holding public hearings as 

part of the eighth triennial rulemaking 

proceeding under the Digital 

Millennium Copyright Act (‘‘DMCA’’) 

concerning possible exemptions to the 

DMCA’s prohibition against 

circumvention of technological 

measures that control access to 

copyrighted works. Parties interested in 

testifying at the hearings are invited to 

submit requests to testify pursuant to 

the instructions set forth below. 

DATES: The public hearings are 

scheduled for April 5–8 and April 19– 

22, 2021. Requests to testify must be 

received no later than 11:59 p.m. 

Eastern time on February 24, 2021. Once 

the hearing agendas are finalized, the 

Office will notify all participants and 

post the times and dates of the hearings 

at https://www.copyright.gov/1201/ 

2021/. 

ADDRESSES: The Office will conduct the 

hearings remotely using the Zoom 

videoconferencing platform. Requests to 

testify should be submitted through the 

request form available at https://

www.copyright.gov/1201/2021/hearingrequest.html. 

FOR FURTHER INFORMATION CONTACT: 

Regan A. Smith, General Counsel and 

Associate Register of Copyrights, by 

email at regans@copyright.gov; Kevin R. 

Amer, Deputy General Counsel, by 

email at kamer@copyright.gov; or Anna 

Chauvet, Associate General Counsel, by 

email at achau@copyright.gov. Each can 

be contacted by telephone by calling 

(202) 707–8350.

SUPPLEMENTARY INFORMATION: On June 

22, 2020, the Copyright Office (‘‘Office’’) 

published a notice of inquiry in the 

Federal Register to initiate the eighth 

triennial rulemaking proceeding under 

17 U.S.C. 1201(a)(1), which authorizes 

the Librarian of Congress, upon the 

recommendation of the Register of 

Copyrights, to exempt certain classes of 

copyrighted works from the prohibition 

against circumventing a technological 

measure that controls access to a 

copyrighted work.1 On October 15, 

2020, the Office published a notice of 

proposed rulemaking setting forth 

proposed exemptions for seventeen 

classes of works and requesting written 

comments.2 The responsive comments 

received thus far have been posted on 

the Office’s website at https://

www.copyright.gov/1201/2021/. 

At this time, the Office is announcing 

public hearings to be held via Zoom to 

further consider the proposed 

exemptions. The Office plans to 

convene panels of witnesses for the 

proposals to be considered, and may 

combine certain panels if the witnesses 

and/or key issues substantially overlap. 

All of the hearings will be live streamed 

online, and the video and transcript for 

each hearing will be posted on the 

Office’s website. If no request to testify 

is received for a proposed exemption, 

the Office will consider the class based 

on the written submissions and any ex 

parte communications with interested 

parties (discussed below). 

A. Submitting Requests To Testify

A request to testify should be

submitted to the Office using the form 

on the Office’s website indicated in the 

ADDRESSES section above. Anyone 

wishing to testify with respect to more 

than one proposed class must submit a 

separate form for each request. To the 

extent feasible, the Office requests that 

organizations submit only one panelist 

request per proposed class, and 

generally encourages parties with 

similar interests to select a common 

representative to testify on their behalf. 

If multiple persons from the same 

organization wish to testify regarding 

different proposed exemptions, each 

should submit a separate request 

outlining the subject matter area. If 

multiple persons from the same 

organization wish to testify regarding 

the same proposed exemption, each 

should again submit a separate request, 

and explain in their submissions the 

need for multiple witnesses. For parties 

represented by law school clinics, the 

Office will attempt to accommodate 

requests to allow students to participate 

under the supervision of a faculty 

member. The Office will contact 

requesters should it determine that a 

hearing for a particular class is 

unnecessary. 

Depending upon the number and 

nature of the requests, and in light of the 

limited time available for the public 

hearings, the Office may not be able to 

accommodate all requests to testify. The 

Office will give preference to those who 

have provided substantive evidentiary 

submissions in support of or in 

opposition to a proposal. 

All requests to testify must clearly 

identify: 

• The name of the person desiring to

serve as a witness; 

• The organization or organizations

represented, if any; 

• Contact information;

• The proposed class about which the

person wishes to testify; 

• A two- to three-sentence summary

of the testimony the witness expects to 

present; and 

• If the party is requesting the ability

to demonstrate a use or a technology 

during the hearing, a description of the 

demonstration, the approximate time 

required, and any functionality required 

to make the demonstration viewable via 

Zoom. In light of the transition to virtual 

hearings for this proceeding, the Office 

cannot guarantee that witnesses will 

have the ability to introduce 

demonstrative evidence into the record 

during the hearings. The Office will 

consider options to accommodate such 

requests, including potentially by 

holding one or more dedicated panel 

sessions for that purpose. 

To facilitate the process of scheduling 

panels, it is essential that all of this 

information be included in a request to 

testify. 

Following receipt of the requests to 

testify, the Office will prepare agendas 

listing the witnesses, dates, and times 

for each hearing. These will be 

circulated to witnesses and posted at 

https://www.copyright.gov/1201/2021/ 

on or about March 8, 2021. 


jbell on DSKJLSW7X2PROD with PROPOSALS
Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules 8561 

B. Format of Public Hearings 

The Office will establish time limits 

for each panel after receiving all 

requests to testify. Generally, the Office 

plans to allot approximately one to two 

hours for each proposed class, although 

it may adjust the timing depending 

upon the complexity of the class. In 

addition, members of the public will be 

provided a limited opportunity to offer 

additional comments for the record, but 

parties who wish to provide detailed 

information to the Office are encouraged 

to submit a request to testify. 

Witnesses should expect the Office to 

have carefully studied all written 

comments, and the Office will expect 

witnesses to have done the same with 

respect to the classes for which they 

will be presenting. The hearings will 

focus on legal or factual issues that are 

unclear or underdeveloped in the 

written record, as identified by the 

Office, as well as demonstrative 

evidence. 

The Office stresses that factual 

information is critical to the rulemaking 

process, and witnesses should be 

prepared to discuss, among other things, 

where the copies of the works sought to 

be accessed are stored, how the works 

would be accessed, and what would be 

done with the works after being 

accessed. The Office also encourages 

witnesses to provide real-world 

examples to support their arguments. In 

some cases, the best way to do this may 

be to provide a description or 

demonstration of a claimed 

noninfringing use or the technologies 

pertinent to a proposal. As noted above, 

a person wishing to provide a 

demonstration should include a request 

to do so with the request to testify, using 

the appropriate space on the form. 

Persons should consider whether a 

demonstration is able to be presented in 

a format that enables it to be viewed by 

participants and observers via Zoom. To 

ensure proper documentation of the 

hearings, the Office will require that a 

copy of any audio, visual, or 

audiovisual materials (e.g., slideshows 

and videos) be provided to the Office 

following the hearing. The Office may 

contact witnesses individually ahead of 

time to ensure that demonstrations can 

be preserved for the record in an 

appropriate form. 

C. Ex Parte Communication 

During the seventh triennial 

rulemaking, the Office issued guidelines 

according to which interested parties 

could request informal meetings with 

the Office. The Office intends to issue 

similar guidelines in this proceeding. 

Consistent with its prior practice, the 

Office will establish requirements to 

ensure transparency, including that 

participating parties submit a list of 

attendees and a written summary of any 

oral communications, which will be 

posted on the Office’s website. The ex 

parte guidelines will be made available 

at https://www.copyright.gov/1201/ 

2021/ following the completion of the 

public hearings. No ex parte meetings in 

this proceeding will be scheduled before 

that time. 

As in prior proceedings, such 

informal communications may 

supplement, but not substitute for, the 

written record and testimony at the 

public hearings. The primary means to 

communicate views in the course of the 

rulemaking will continue to be through 

the submission of written comments 

and testimony at the public hearings. 

Dated: February 2, 2021. 

Regan A. Smith, 

General Counsel and Associate Register of 

Copyrights. 

[FR Doc. 2021–02464 Filed 2–5–21; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0522; FRL–10016– 

86–Region 3] 

Approval and Promulgation of Air 

Quality Implementation Plans; 

Delaware; Amendments to Control of 

Volatile Organic Compounds Mobile 

Equipment Repair and Refinishing 

Rule Regulation 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve a 

state implementation plan (SIP) revision 

submitted by the Delaware Department 

of Natural Resources and Environmental 

Control (DNREC). This SIP revision 

consists of the 2010 amendments to the 

State of Delaware’s Mobile Equipment 

Repair and Refinishing (MERR) 

regulations to incorporate the Ozone 

Transport Commission’s (OTC) 2009 

Motor Vehicle and Mobile Equipment 

Non-Assembly Line Coating Operations 

regulations (MVMERR) model rule. The 

MVMERR rule establishes updated 

volatile organic compounds (VOC) 

content limits for coating and cleaning 

solvents used in vehicle refinishing and 

standards for coating application, work 

practices, monitoring, and 

recordkeeping. This action is being 

taken under the Clean Air Act (CAA). 

DATES: Written comments must be 

received on or before March 10, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2020–0522 at https://

www.regulations.gov, or via email to 

gordon.mike@epa.gov. For comments 

submitted at Regulations.gov, follow the 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, EPA may publish any 

comment received to its public docket. 

Do not submit electronically any 

information you consider to be 

confidential business information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. EPA will generally not consider 

comments or comment contents located 

outside of the primary submission (i.e. 

on the web, cloud, or other file sharing 

system). For additional submission 

methods, please contact the person 

identified in the FOR FURTHER

INFORMATION CONTACT section. For the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Mike Gordon, Planning & 

Implementation Branch (3AD30) Air & 

Radiation Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. The telephone number is (215) 

814–2039. Mr. Gordon can also be 

reached via electronic mail at 

gordon.mike@epa.gov. 

I. Background 

A. General 

Ozone is formed in the atmosphere by 

photochemical reactions between VOCs 

and nitrogen oxides (NOX) in the 

presence of sunlight. In order to reduce 

these ozone concentrations, the CAA 

requires control of VOC and NOX

emission sources to achieve emission 

reductions in moderate or more serious 

ozone nonattainment areas. Section 

184(a) of the CAA established a single 

ozone transport region (OTR), 

comprising all or part of 12 eastern 

states, including all of the State of 

Delaware. Section 176a of the CAA 

requires that when a transport region is 

established, the Administrator must also 

establish a transport commission 


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