Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Proposed Rules 78691 

concentrations of potentially harmful 

substances. These actions may involve 

financial and technical assistance to 

individuals (such as builders, owners, 

consultants, manufacturers, and designers), 

organizations (such as utilities), and 

governments (such as state, local, and tribal). 

Covered actions include, but are not limited 

to weatherization (such as insulation and 

replacing windows and doors); programmed 

lowering of thermostat settings; placement of 

timers on hot water heaters; installation or 

replacement of energy efficient lighting, lowflow plumbing fixtures (such as faucets, 

toilets, and showerheads), heating, 

ventilation, and air conditioning systems, 

and appliances; installation of drip-irrigation 

systems; improvements in generator 

efficiency and appliance efficiency ratings; 

efficiency improvements for vehicles and 

transportation (such as fleet changeout); 

transportation management systems (such as 

traffic signal control systems, car navigation, 

speed cameras, and automatic plate number 

recognition); development of energy-efficient 

manufacturing, industrial, or building 

practices; and small-scale energy efficiency 

and conservation research and development 

and small-scale pilot projects. Covered 

actions include building renovations or new 

structures, provided that they occur in a 

previously disturbed or developed area. 

Covered actions could involve commercial, 

residential, agricultural, academic, 

institutional, or industrial sectors. Covered 

actions do not include rulemakings, 

standard-settings, or proposed DOE 

legislation, except for those actions listed in 

B5.1(b) and (c) of this appendix. 

(b) Covered actions include rulemakings 

that establish energy conservation standards 

for consumer products and industrial 

equipment, provided that the actions would 

not: 

(1) Have the potential to cause a significant 

change in manufacturing infrastructure (such 

as construction of new manufacturing plants 

with considerable associated ground 

disturbance); 

(2) Involve significant unresolved conflicts 

concerning alternative uses of available 

resources (such as rare or limited raw 

materials); 

(3) Have the potential to result in a 

significant increase in the disposal of 

materials posing significant risks to human 

health and the environment (such as RCRA 

hazardous wastes); or 

(4) Have the potential to cause a significant 

increase in energy consumption in a state or 

region. 

(c) Covered actions also include 

rulemakings that establish energy 

conservation standards for new Federal 

buildings and Federal buildings undergoing 

major renovation, provided that the actions 

would not have the potential to: 

(1) Result in a significant decrease in 

indoor air quality; or 

(2) Result in a significant increase in 

emissions of air pollutants. 

* * * * * 

B5.16 Solar photovoltaic systems 

(a) The installation, modification, 

operation, or decommissioning of 

commercially available solar photovoltaic 

systems: 

(1) Located on a building or other structure 

(such as rooftop, parking lot or facility, or 

mounted to signage, lighting, gates, or 

fences); or 

(2) Located within a previously disturbed 

or developed area. 

(b) Covered actions would be in 

accordance with applicable requirements 

(such as land use and zoning requirements) 

in the proposed project area and the integral 

elements listed at the start of appendix B of 

this part, and would incorporate appropriate 

control technologies and best management 

practices. 

■ 3. Amend Appendix C of subpart D of 

part 1021 by revising C4 and C7 to read 

as follows: 

C to Subpart D of Part 1021—Classes of 

Actions That Normally Require EAs But 

Not Necessarily EISs 

* * * * * 

C4 Upgrading, Rebuilding, or Construction 

of Powerlines 

(a) Upgrading or rebuilding existing 

powerlines when the action does not qualify 

for categorical exclusion B4.13; or 

construction of powerlines: 

(1) More than approximately 10 miles in 

length outside previously disturbed or 

developed powerline or pipeline rights-ofway; or 

(2) More than approximately 20 miles in 

length within previously disturbed or 

developed powerline or pipeline rights-ofway. 

* * * * * 

C7 Contracts, Policies, and Marketing and 

Allocation Plans for Electric Power 

(a) Establishment and implementation of 

contracts, policies, and marketing and 

allocation plans related to electric power 

acquisition that involve: 

(1) The interconnection of, or acquisition 

of power from, new generation resources that 

are equal to or less than 50 average 

megawatts, unless the generation resource is 

eligible for a categorical exclusion; 

(2) Changes in the normal operating limits 

of generation resources equal to or less than 

50 average megawatts; or 

(3) Service to discrete new loads of less 

than 10 average megawatts over a 12-month 

period. 

* * * * * 

■ 4. Amend Appendix D to subpart D of 

part 1021 by revising D7 to read as 

follows: 

Appendix D to Subpart D of Part 1021— 

Classes of Actions That Normally 

Require EISs 

* * * * * 

D7 Contracts, Policies, and Marketing and 

Allocation Plans for Electric Power 

(a) Establishment and implementation of 

contracts, policies, and marketing and 

allocation plans related to electric power 

acquisition that involve: 

(1) The interconnection of, or acquisition 

of power from, new generation resources 

greater than 50 average megawatts, unless the 

generation resource is eligible for a 

categorical exclusion or was evaluated in an 

environmental assessment resulting in a 

finding of no significant impact; 

(2) Changes in the normal operating limits 

of generation resources greater than 50 

average megawatts; or 

(3) Service to discrete new loads of 10 

average megawatts or more over a 12-month 

period. 

* * * * * 

[FR Doc. 2023–25174 Filed 11–15–23; 8:45 am] 

BILLING CODE 6450–01–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 210 

[Docket No. 2022–5] 

Termination Rights, Royalty 

Distributions, Ownership Transfers, 

Disputes, and the Music Modernization 

Act 

AGENCY: U.S. Copyright Office, Library 

of Congress. 

ACTION: Supplemental notice of 

proposed rulemaking; extension of 

comment period. 

SUMMARY: The U.S. Copyright Office is 

extending the deadline to submit reply 

comments in connection with a 

supplemental notice of proposed 

rulemaking regarding the applicability 

of the derivative works exception to 

termination rights under the Copyright 

Act to the new statutory mechanical 

blanket license established by the Music 

Modernization Act and other matters 

relevant to identifying the proper payee 

to whom the mechanical licensing 

collective must distribute royalties. 

DATES: The comment period for the 

proposed rule published September 26, 

2023, at 88 FR 65908, is extended. 

Written reply comments are due no later 

than 11:59 p.m. Eastern Time on 

Tuesday, December 5, 2023. 

ADDRESSES: For reasons of governmental 

efficiency, the Copyright Office is using 

the regulations.gov system for the 

submission and posting of public 

comments in this proceeding. All 

comments are therefore to be submitted 

electronically through regulations.gov. 

Specific instructions for submitting 

comments are available on the 

Copyright Office’s website at https://

copyright.gov/rulemaking/mmatermination. If electronic submission of 

comments is not feasible due to lack of 

access to a computer or the internet, 


lotter on DSK11XQN23PROD with PROPOSALS1
78692 Federal Register / Vol. 88, No. 220 / Thursday, November 16, 2023 / Proposed Rules 

1 88 FR 65908 (Sept. 26, 2023). 

2 88 FR 70412 (Oct. 11, 2023). 

please contact the Copyright Office 

using the contact information below for 

special instructions. 

FOR FURTHER INFORMATION CONTACT: 

Rhea Efthimiadis, Assistant to the 

General Counsel, by email at meft@

copyright.gov or telephone at 202–707– 

8350. 

SUPPLEMENTARY INFORMATION: On 

September 26, 2023, the U.S. Copyright 

Office issued a supplemental notice of 

proposed rulemaking seeking comments 

from the public on questions regarding 

the applicability of the derivative works 

exception to termination rights under 

the Copyright Act to the new statutory 

mechanical blanket license established 

by the Music Modernization Act and 

other matters relevant to identifying the 

proper payee to whom the mechanical 

licensing collective must distribute 

royalties.1 The supplemental notice set 

an October 26, 2023 deadline for 

submitting initial comments and a 

November 13, 2023 deadline for reply 

comments. On October 11, 2023, the 

Office extended these deadlines to 

November 8, 2023 and November 28, 

2023, respectively.2

To ensure that members of the public 

have sufficient time to prepare 

responses to the Office, and to ensure 

that the Office can proceed on a timely 

basis with its inquiry of the issues 

identified in its supplemental notice 

with the benefit of a complete record, 

the Office is further extending the reply 

comment period deadlines as set forth 

here. Reply comments will now be due 

by 11:59 p.m. Eastern Time on Tuesday, 

December 5, 2023. 

Dated: November 13, 2023. 

Suzanne V. Wilson, 

General Counsel and Associate Register of 

Copyrights. 

[FR Doc. 2023–25341 Filed 11–15–23; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 63 

[EPA–HQ–OAR–2019–0392; FRL–5949.1– 

01–OAR] 

RIN 2060–AT07 

National Emission Standards for 

Hazardous Air Pollutants: Rubber Tire 

Manufacturing 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) is proposing 

amendments to the National Emission 

Standards for Hazardous Air Pollutants 

for Rubber Tire Manufacturing, as 

required by the Clean Air Act (CAA). To 

ensure that all emissions of hazardous 

air pollutants (HAP) from sources in the 

source category are regulated, the EPA 

is proposing emissions standards for the 

rubber processing subcategory of the 

rubber tire manufacturing industry, 

which is the only unregulated 

subcategory within the Rubber Tire 

Manufacturing source category. 

DATES: Comments must be received on 

or before January 2, 2024. Under the 

Paperwork Reduction Act (PRA), 

comments on the information collection 

provisions are best assured of 

consideration if the Office of 

Management and Budget (OMB) 

receives a copy of your comments on or 

before December 18, 2023. 

Public hearing: If anyone contacts us 

requesting a public hearing on or before 

November 21, 2023, we will hold a 

virtual public hearing. See 

SUPPLEMENTARY INFORMATION for 

information on requesting and 

registering for a public hearing. 

ADDRESSES: You may send comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2019–0392, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov/ (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Email: a-and-r-docket@epa.gov. 

Include Docket ID No. EPA–HQ–OAR– 

2019–0392 in the subject line of the 

message. 

• Fax: (202) 566–9744. Attention 

Docket ID No. EPA–HQ–OAR–2019– 

0392. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Docket ID No. EPA–HQ–OAR–2019– 

0392, Mail Code 28221T, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

• Hand/Courier Delivery: EPA Docket 

Center, WJC West Building, Room 3334, 

1301 Constitution Avenue NW, 

Washington, DC 20004. The Docket 

Center’s hours of operation are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov/, including any 

personal information provided. For 

detailed instructions on sending 

comments and additional information 

on the rulemaking process, see the 

SUPPLEMENTARY INFORMATION section of 

this document. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this proposed action, 

contact U.S. EPA, Attn: Mr. Korbin 

Smith, Sector Policies and Programs 

Division, Mail Drop: D243–04, 109 T.W. 

Alexander Drive, P.O. Box 12055, RTP, 

North Carolina 27711; telephone 

number: (919) 541–2416; and email 

address: smith.korbin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Participation in virtual public 

hearing. To request a virtual public 

hearing, contact the public hearing team 

at (888) 372–8699 or by email at 

SPPDpublichearing@epa.gov. If 

requested, the hearing will be held via 

virtual platform on December 1, 2023. 

The hearing will convene at 11:00 a.m. 

Eastern Time (ET) and will conclude at 

3:00 p.m. ET. The EPA may close a 

session 15 minutes after the last preregistered speaker has testified if there 

are no additional speakers. The EPA 

will announce further details at https:// 

www.epa.gov/stationary-sources-airpollution/rubber-tire-manufacturingnational-emission-standards-hazardous. 

If a public hearing is requested, the 

EPA will begin pre-registering speakers 

for the hearing no later than 1 business 

day after a request has been received. To 

register to speak at the virtual hearing, 

please use the online registration form 

available at https://www.epa.gov/ 

stationary-sources-air-pollution/rubbertire-manufacturing-national-emissionstandards-hazardous or contact the 

public hearing team at (888) 372–8699 

or by email at SPPDpublichearing@

epa.gov. The last day to pre-register to 

speak at the hearing will be November 

28, 2023. Prior to the hearing, the EPA 

will post a general agenda that will list 

pre-registered speakers at: https://

www.epa.gov/stationary-sources-airpollution/rubber-tire-manufacturingnational-emission-standards-hazardous. 

The EPA will make every effort to 

follow the schedule as closely as 

possible on the day of the hearing; 

however, please plan for the hearings to 

run either ahead of schedule or behind 

schedule. 

Each commenter will have 4 minutes 

to provide oral testimony. The EPA 

encourages commenters to provide the 

EPA with a copy of their oral testimony 

electronically (via email) by emailing it 

to smith.korbin@epa.gov. The EPA also 

recommends submitting the text of your 

oral testimony as written comments to 

the rulemaking docket. 

The EPA may ask clarifying questions 

during the oral presentations but will 

not respond to the presentations at that 

time. Written statements and supporting 


lotter on DSK11XQN23PROD with PROPOSALS1