Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Proposed Rules 65609 

1Web IV is short for Webcasting IV. This 

proceeding is the fourth since the compulsory 

license for webcasting was established. 

comments and information on matters 

addressed in this notice and on other 

matters relevant to DOE’s consideration 

of new or amended energy 

conservations standards for residential 

central air conditioners and heat pumps. 

After the close of the comment period, 

DOE will begin collecting data, 

conducting the analyses, and reviewing 

the public comments, as needed. These 

actions will be taken to aid in the 

development of a NOPR for residential 

central air conditioner and heat pump 

products if DOE decides to amend the 

standards for such products. 

DOE considers public participation to 

be a very important part of the process 

for developing test procedures and 

energy conservation standards. DOE 

actively encourages the participation 

and interaction of the public during the 

comment period in each stage of the 

rulemaking process. Interactions with 

and between members of the public 

provide a balanced discussion of the 

issues and assist DOE in the rulemaking 

process. Anyone who wishes to be 

added to the DOE mailing list to receive 

future notices and information about 

this rulemaking should contact Ms. 

Brenda Edwards at (202) 586–2945, or 

via email at Brenda.Edwards@ee.doe.

gov. 

Issued in Washington, DC, on October 30, 

2014. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2014–26247 Filed 11–4–14; 8:45 am] 

BILLING CODE 6450–01–P 

LIBRARY OF CONGRESS 

Copyright Royalty Board 

37 CFR Part 380 

[Docket No. 2014–CRB–0001–WR (2016– 

2020) (Web IV)] 

Digital Performance Right in Sound 

Recordings and Ephemeral 

Recordings 

AGENCY: Copyright Royalty Board, 

Library of Congress. 

ACTION: Proposed rule. 

SUMMARY: The Copyright Royalty Judges 

are publishing for comment proposed 

regulations governing the rates and 

terms for the digital performances of 

sound recordings by noncommercial 

educational webcasters and for the 

making of ephemeral recordings 

necessary for the facilitation of such 

transmissions for the period 

commencing January 1, 2016, and 

ending on December 31, 2020. 

DATES: Comments and objections, if any, 

are due no later than November 26, 

2014. 

ADDRESSES: The proposed rule is posted 

on the agency’s Web site (www.loc.gov/ 

crb). Submit electronic comments 

online at http://www.regulations.gov or 

via email to crb@loc.gov. Those who 

chose not to submit comments 

electronically should see How to Submit 

Comments in the SUPPLEMENTARY

INFORMATION section below for physical 

addresses and further instructions. 

FOR FURTHER INFORMATION CONTACT: 

Richard Strasser, Senior Attorney, or 

Kimberly Whittle, Attorney Advisor, by 

telephone at (202) 707–7658, or by 

email at crb@loc.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 7, 2014, the Copyright 

Royalty Judges received a joint motion 

from SoundExchange, Inc. and College 

Broadcasters, Inc. to adopt a partial 

settlement of their interests regarding 

Web IV rates and terms for 2016–2020.1

Joint Motion to Adopt Partial 

Settlement, Docket No. 2014–CRB– 

0001–WR (2016–2020). Their interests 

concern the rule setting copyright 

royalty minimum fees and terms that 

the Judges will establish for compulsory 

copyright licenses for certain internet 

transmissions of sound recordings by 

college radio stations and other 

noncommercial educational webcasters 

for the period from January 1, 2016, 

through December 31, 2020. 

SoundExchange, Inc. represents the 

interests of sound recording copyright 

owners and performers. College 

Broadcasters, Inc. represents the 

interests of users of the copyrighted 

material which users include college, 

university and high school radio and 

television stations and other electronic 

media organizations. The Judges hereby 

publish the proposal and request 

comments from the public. 

Section 114 of the Copyright Act, title 

17 of the United States Code, provides 

a statutory license that allows for the 

public performance of sound recordings 

by means of a digital audio transmission 

by, among others, eligible 

nonsubscription transmission services 

and new subscription services. 

17 U.S.C. 114(f). For purposes of the 

section 114 license, an ‘‘eligible 

nonsubscription transmission’’ is a 

noninteractive digital audio 

transmission that does not require a 

subscription for receiving the 

transmission. The transmission must 

also be made as part of a service that 

provides audio programming consisting 

in whole or in part of performances of 

sound recordings the purpose of which 

is to provide audio or other 

entertainment programming, but not to 

sell, advertise, or promote particular 

goods or services. See 17 U.S.C. 

114(j)(6). A ‘‘new subscription service’’ 

is a ‘‘service that performs sound 

recordings by means of noninteractive 

subscription digital audio transmissions 

and that is not a preexisting 

subscription or preexisting satellite 

digital audio radio service.’’ 17 U.S.C. 

114(j)(8). 

Services using the section 114 license 

may need to make one or more 

temporary or ‘‘ephemeral’’ copies of a 

sound recording in order to facilitate the 

transmission of that recording. The 

section 112 statutory license allows for 

the making of these ephemeral 

reproductions. 17 U.S.C. 112(e). 

Chapter 8 of the Copyright Act 

requires the Copyright Royalty Judges 

(‘‘Judges’’) to conduct proceedings every 

five years to determine the rates and 

terms for the sections 114 and 112 

statutory licenses. 17 U.S.C. 801(b)(1), 

804(b)(3)(A). The current proceeding 

commenced in January 2014 for rates 

and terms that will become effective on 

January 1, 2016, and end on December 

31, 2020. Pursuant to section 

804(b)(3)(A), the Judges published in the 

Federal Register a notice commencing 

the proceeding and requesting that 

interested parties submit their petitions 

to participate. 79 FR 412 (January 3, 

2014). The following parties submitted 

Petitions to Participate: 8tracks, Inc.; 

AccuRadio, LLC; Amazon.com, Inc.; 

Apple Inc; Beats Music, LLC; Clear 

Channel; CMN, Inc.; College 

Broadcasters, Inc. (CBI); 

CustomChannels.net, LLC; Digital 

Media Association (DiMA); Digitally 

Imported, Inc.; Educational Media 

Foundation; Feed Media, Inc.; Geo 

Music Group; Harvard Radio 

Broadcasting Inc. (WHRB); idobi 

Network; Intercollegiate Broadcasting 

System, Inc. (IBS); Music Reports Inc.; 

National Association of Broadcasters 

(NAB); National Music Publishers 

Association (NMPA); National Public 

Radio (NPR); National Religious 

Broadcasters Noncommercial Music 

License Committee (NRBNMLC); 

Pandora Media Inc.; Rhapsody 

International, Inc.; Sirius XM Radio Inc.; 


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65610 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Proposed Rules 

2The following ten parties have withdrawn their 

Petitions to Participate: 8tracks, Inc.; Amazon.com, 

Inc.; CMN, Inc.; CustomChannels.net, LLC; Digitally 

Imported, Inc.; Feed Media, Inc.; idobi Network; 

Rhapsody International, Inc.; SomaFM.com LLC; 

Spotify USA Inc. Two parties, Music Reports Inc. 

and Triton Digital, Inc., have been dismissed from 

the proceeding. 

SomaFM.com LLC; SoundExchange, 

Inc. (SX); Spotify USA Inc.; and Triton.2

The Judges set the timetable for the 

three-month negotiation period for 

February 21, 2014, through May 22, 

2014. See 17 U.S.C. 803(b)(3). The 

Judges set December 22, 2014, as the 

deadline by which participants were to 

submit amended written direct 

statements. On October 7, 2014, 

SoundExchange and CBI submitted to 

the Judges a joint motion to adopt a 

partial settlement of their interests in 

the proceeding. The parties requested 

that the Judges make their decision on 

the motion by approximately December 

1, 2014, in order to allow the parties 

time to prepare for litigation should the 

Judges decline to adopt their proposed 

partial settlement. 

Statutory Timing of Adoption of Rates 

and Terms 

Section 801(b)(7)(A) allows for the 

adoption of rates and terms negotiated 

by ‘‘some or all of the participants in a 

proceeding at any time during the 

proceeding’’ provided the parties submit 

the negotiated rates and terms to the 

Copyright Royalty Judges for approval. 

This section provides: 

(i) The Copyright Royalty Judges shall 

provide to those that would be bound by the 

terms, rates, or other determination set by 

any agreement in a proceeding to determine 

royalty rates an opportunity to comment on 

the agreement and shall provide to 

participants in the proceeding under section 

803(b)(2) that would be bound by the terms, 

rates, or other determination set by the 

agreement an opportunity to comment on the 

agreement and object to its adoption as a 

basis for statutory terms and rates; and 

(ii) The Copyright Royalty Judges may 

decline to adopt the agreement as a basis for 

statutory terms and rates for participants that 

are not parties to the agreement, if any 

participant described in clause (i) objects to 

the agreement and the Copyright Royalty 

Judges conclude, based on the record before 

them if one exists, that the agreement does 

not provide a reasonable basis for setting 

statutory terms or rates. 

17 U.S.C. 801(b)(7)(A). Rates and terms 

adopted pursuant to this provision are 

binding on all copyright owners of 

sound recordings, college radio stations, 

and other noncommercial educational 

webcasters performing the sound 

recordings for the license period 2016– 

2020. 

Proposed Adjustments to Rates and 

Terms 

In the settlement proposal, 

SoundExchange and CBI request that 

the Judges adjust the details of 37 CFR 

part 380 Subpart C by ‘‘(1) more strictly 

limiting eligibility for the rates set forth 

herein to services that remain below 

159,140 aggregate tuning hours per 

channel or station per month; and (2) 

somewhat increasing the listenership 

cap for services electing the proxy 

reporting option.’’ Joint Motion to 

Adopt Partial Settlement at 2. The 

proposed adjustments would affect 

§§ 380.20 (general), 380.21 (definitions), 

380.22 (fees), and 380.23 (terms) and are 

reflected in the Proposed Regulations 

below. 

The public may comment and object 

to any or all of the proposed regulations 

contained in this notice. Such 

comments and objections must be 

submitted no later than November 26, 

2014. 

How To Submit Comments 

Interested members of the public must 

submit comments to only one of the 

following addresses. If not commenting 

by email or online, commenters must 

submit an original of their comments, 

five paper copies, and an electronic 

version on a CD. 

Email: crb@loc.gov; or 

Online: http://www.regulations.gov; or 

U.S. mail: Copyright Royalty Board, 

P.O. Box 70977, Washington, DC 20024– 

0977; or 

Overnight service (only USPS Express 

Mail is acceptable): Copyright Royalty 

Board, P.O. Box 70977, Washington, DC 

20024–0977; or 

Commercial courier: Address package 

to: Copyright Royalty Board, Library of 

Congress, James Madison Memorial 

Building, LM–403, 101 Independence 

Avenue SE., Washington, DC 20559– 

6000. Deliver to: Congressional Courier 

Acceptance Site, 2nd Street NE. and D 

Street NE., Washington, DC; or 

Hand delivery: Library of Congress, 

James Madison Memorial Building, LM– 

401, 101 Independence Avenue SE., 

Washington, DC 20559–6000. 

List of Subjects in 37 CFR Part 380 

Copyright, Sound recordings, 

Webcasters. 

Proposed Regulations 

For the reasons set forth in the 

preamble, the Copyright Royalty Judges 

propose to amend 37 CFR part 380 as 

follows: 

PART 380—RATES AND TERMS FOR 

CERTAIN ELIGIBLE 

NONSUBSCRIPTION TRANSMISSIONS, 

NEW SUBSCRIPTION SERVICES AND 

THE MAKING OF EPHEMERAL 

REPRODUCTIONS 

■ 1. The authority citation for part 380 

continues to read as follows: 

Authority: 17 U.S.C. 112(e), 114(f), 

804(b)(3). 

■ 2. Amend § 380.20 by revising 

paragraph (a) to read as follows: 

Subpart C—Noncommercial 

Educational Webcasters 

§ 380.20 General. 

(a) Scope. This subpart establishes 

rates and terms, including requirements 

for royalty payments, recordkeeping and 

reports of use, for the public 

performance of sound recordings in 

certain digital transmissions made by 

Noncommercial Educational Webcasters 

as set forth herein in accordance with 

the provisions of 17 U.S.C. 114, and the 

making of Ephemeral Recordings by 

Noncommercial Educational Webcasters 

as set forth herein in accordance with 

the provisions of 17 U.S.C. 112(e), 

during the period January 1, 2016, 

through December 31, 2020. 

* * * * * 

■ 3. Amend § 380.21 by revising the 

definitions for ‘‘Collective’’ and 

‘‘Noncommercial Educational 

Webcaster’’ to read as follows: 

§ 380.21 Definitions. 

* * * * * 

Collective is the collection and 

distribution organization that is 

designated by the Copyright Royalty 

Judges. For the 2016–2020 license 

period, the Collective is 

SoundExchange, Inc. 

* * * * * 

Noncommercial Educational 

Webcaster means a Noncommercial 

Webcaster (as defined in 17 U.S.C. 

114(f)(5)(E)(i)) that 

(1) Has obtained a compulsory license 

under 17 U.S.C. 112(e) and 114 and the 

implementing regulations therefor to 

make Eligible Transmissions and related 

ephemeral recordings; 

(2) Complies with all applicable 

provisions of Sections 112(e) and 114 

and applicable regulations; 

(3) Is directly operated by, or is 

affiliated with and officially sanctioned 

by, and the digital audio transmission 

operations of which are staffed 

substantially by students enrolled at, a 

domestically accredited primary or 

secondary school, college, university or 

other post-secondary degree-granting 

educational institution; 


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Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Proposed Rules 65611 

(4) Is not a ‘‘public broadcasting 

entity’’ (as defined in 17 U.S.C. 118(g)) 

qualified to receive funding from the 

Corporation for Public Broadcasting 

pursuant to the criteria set forth in 47 

U.S.C. 396; and 

(5) Takes affirmative steps not to 

make total transmissions in excess of 

159,140 Aggregate Tuning Hours on any 

individual channel or station in any 

month, if in any previous calendar year 

it has made total transmissions in excess 

of 159,140 Aggregate Tuning Hours on 

any individual channel or station in any 

month. 

* * * * * 

■ 4. Revise § 380.22 to read as follows: 

§ 380.22 Royalty fees for the public 

performance of sound recordings and for 

ephemeral recordings. 

(a) Minimum fee for eligible 

Noncommercial Educational 

Webcasters. Each Noncommercial 

Educational Webcaster that did not 

exceed 159,140 total ATH for any 

individual channel or station for more 

than one calendar month in the 

immediately preceding calendar year 

and does not expect to make total 

transmissions in excess of 159,140 

Aggregate Tuning Hours on any 

individual channel or station in any 

calendar month during the applicable 

calendar year shall pay an annual, 

nonrefundable minimum fee of $500 

(the ‘‘Minimum Fee’’) for each of its 

individual channels, including each of 

its individual side channels, and each of 

its individual stations, through which 

(in each case) it makes Eligible 

Transmissions, for each calendar year it 

makes Eligible Transmissions subject to 

this subpart. For clarity, each individual 

stream (e.g., HD radio side channels, 

different stations owned by a single 

licensee) will be treated separately and 

be subject to a separate minimum. The 

Minimum Fee shall constitute the 

annual per channel or per station 

royalty for all Eligible Transmissions 

totaling not more than 159,140 

Aggregate Tuning Hours in a month on 

any individual channel or station, and 

for Ephemeral Recordings to enable 

such Eligible Transmissions. In 

addition, a Noncommercial Educational 

Webcaster electing the reporting waiver 

described in § 380.23(g)(1), shall pay a 

$100 annual fee (the ‘‘Proxy Fee’’) to the 

Collective. 

(b) Consequences of unexpectedly 

exceeding ATH cap. In the case of a 

Noncommercial Educational Webcaster 

eligible to pay royalties under paragraph 

(a) that unexpectedly makes total 

transmissions in excess of 159,140 

Aggregate Tuning Hours on any 

individual channel or station in any 

calendar month during the applicable 

calendar year: 

(1) The Noncommercial Educational 

Webcaster shall, for such month and the 

remainder of the calendar year in which 

such month occurs, pay royalties in 

accordance, and otherwise comply, with 

the provisions of Part 380 Subpart A 

applicable to noncommercial 

webcasters; 

(2) The Minimum Fee paid by the 

Noncommercial Educational Webcaster 

for such calendar year will be credited 

to the amounts payable under the 

provisions of Part 380 Subpart A 

applicable to noncommercial 

webcasters; and 

(3) The Noncommercial Educational 

Webcaster shall, within 45 days after the 

end of such month, notify the Collective 

that it has made total transmissions in 

excess of 159,140 Aggregate Tuning 

Hours on a channel or station in a 

month; pay the Collective any amounts 

for such month due under the 

provisions of Part 380 Subpart A 

applicable to noncommercial 

webcasters; and provide the Collective a 

statement of account pursuant to Part 

380 Subpart A. 

(c) Royalties for other Noncommercial 

Educational Webcasters. A 

Noncommercial Educational Webcaster 

that is not eligible to pay royalties under 

paragraph (a) shall pay royalties in 

accordance, and otherwise comply, with 

the provisions of Part 380 Subpart A 

applicable to noncommercial 

webcasters. 

(d) Estimation of performances. In the 

case of a Noncommercial Educational 

Webcaster that is required to pay 

royalties under paragraph (b) or (c) on 

a per-performance basis, that is unable 

to calculate actual total performances, 

and that is not required to report actual 

total performances under § 380.23(g)(3), 

the Noncommercial Educational 

Webcaster may pay its applicable 

royalties on an ATH basis, provided that 

the Noncommercial Educational 

Webcaster shall pay such royalties at the 

applicable per-performance rates based 

on the assumption that the number of 

sound recordings performed is 12 per 

hour. The Collective may distribute 

royalties paid on the basis of ATH 

hereunder in accordance with its 

generally applicable methodology for 

distributing royalties paid on such basis. 

In addition, and for the avoidance of 

doubt, a Noncommercial Educational 

Webcaster offering more than one 

channel or station shall pay perperformance royalties on a per-channel 

or -station basis. 

(e) Ephemeral royalty. The royalty 

payable under 17 U.S.C. 112(e) for any 

ephemeral reproductions made by a 

Noncommercial Educational Webcaster 

is deemed to be included within the 

royalty payments set forth in paragraphs 

(a) through (c) of this section and to 

equal 5% of the total royalties payable 

under such paragraphs. 

■ 5. Amend § 380.23 by revising 

paragraphs (c), (d), intro paragraph (f), 

(f)(2), (f)(4), (f)(9), (g)(1), and (g)(3) to 

read as follows: 

§ 380.23 Terms for making payment of 

royalty fees and statements of account. 

* * * * * 

(c) Minimum fee. Noncommercial 

Educational Webcasters shall submit the 

Minimum Fee, and Proxy Fee if 

applicable, accompanied by a statement 

of account, by January 31st of each 

calendar year, except that payment of 

the Minimum Fee, and Proxy Fee if 

applicable, by a Noncommercial 

Educational Webcaster that was not 

making Eligible Transmissions or 

Ephemeral Recordings pursuant to the 

licenses in 17 U.S.C. 114 and/or 17 

U.S.C. 112(e) as of said date but begins 

doing so thereafter shall be due by the 

45th day after the end of the month in 

which the Noncommercial Educational 

Webcaster commences doing so. At the 

same time the Noncommercial 

Educational Webcaster must identify all 

its stations making Eligible 

Transmissions and identify which of the 

reporting options set forth in paragraph 

(g) of this section it elects for the 

relevant year (provided that it must be 

eligible for the option it elects). 

(d) [Reserved] 

* * * * * 

(f) Statements of account. Any 

payment due under § 380.22(a) shall be 

accompanied by a corresponding 

statement of account on a form provided 

by the Collective. A statement of 

account shall contain the following 

information: 

* * * 

(2) [Reserved] 

* * * 

(4) The signature of a duly authorized 

representative of the applicable 

educational institution; 

* * * 

(9) A statement to the following effect: 

I, the undersigned duly authorized 

representative of the applicable educational 

institution, have examined this statement of 

account; hereby state that it is true, accurate, 

and complete to my knowledge after 

reasonable due diligence; and further certify 

that the licensee entity named herein 

qualifies as a Noncommercial Educational 

Webcaster for the relevant year, and did not 

exceed 159,140 total ATH in any month of 

the prior year for which the Noncommercial 

Educational Webcaster did not submit a 

statement of account and pay any required 

additional royalties. 


rmajette on DSK2VPTVN1PROD with PROPOSALS
65612 Federal Register / Vol. 79, No. 214 / Wednesday, November 5, 2014 / Proposed Rules 

(g)* * * 

(1) Reporting waiver. In light of the 

unique business and operational 

circumstances with respect to 

Noncommercial Educational 

Webcasters, and for the purposes of this 

subpart only, a Noncommercial 

Educational Webcaster that did not 

exceed 80,000 total ATH for any 

individual channel or station for more 

than one calendar month in the 

immediately preceding calendar year 

and that does not expect to exceed 

80,000 total ATH for any individual 

channel or station for any calendar 

month during the applicable calendar 

year may elect to pay to the Collective 

a nonrefundable, annual Proxy Fee of 

$100 in lieu of providing reports of use 

for the calendar year pursuant to the 

regulations § 370.4 of this chapter. In 

addition, a Noncommercial Educational 

Webcaster that unexpectedly exceeded 

80,000 total ATH on one or more 

channels or stations for more than one 

month during the immediately 

preceding calendar year may elect to 

pay the Proxy Fee and receive the 

reporting waiver described in paragraph 

(g)(1) of this section during a calendar 

year, if it implements measures 

reasonably calculated to ensure that it 

will not make Eligible Transmissions 

exceeding 80,000 total ATH during any 

month of that calendar year. The Proxy 

Fee is intended to defray the 

Collective’s costs associated with this 

reporting waiver, including 

development of proxy usage data. The 

Proxy Fee shall be paid by the date 

specified in paragraph (c) of this section 

for paying the Minimum Fee for the 

applicable calendar year and shall be 

accompanied by a certification on a 

form provided by the Collective, signed 

by a duly authorized representative of 

the applicable educational institution, 

stating that the Noncommercial 

Educational Webcaster is eligible for the 

Proxy Fee option because of its past and 

expected future usage and, if applicable, 

has implemented measures to ensure 

that it will not make excess Eligible 

Transmissions in the future. 

* * * 

(3) Census-basis reports. If any of the 

following three conditions is satisfied, a 

Noncommercial Educational Webcaster 

must report pursuant to paragraph (g)(3) 

of this section: 

(i) The Noncommercial Educational 

Webcaster exceeded 159,140 total ATH 

for any individual channel or station for 

more than one calendar month in the 

immediately preceding calendar year; 

(ii) The Noncommercial Educational 

Webcaster expects to exceed 159,140 

total ATH for any individual channel or 

station for any calendar month in the 

applicable calendar year; or 

(iii) The Noncommercial Educational 

Webcaster otherwise does not elect to be 

subject to paragraphs (g)(1) or (2) of this 

section. 

A Noncommercial Educational 

Webcaster required to report pursuant to 

paragraph (g)(3) of this section shall 

provide reports of use to the Collective 

quarterly on a census reporting basis in 

accordance with § 370.4 of this chapter, 

except that, notwithstanding 

§ 370.4(d)(2), such a Noncommercial 

Educational Webcaster shall not be 

required to include ATH or actual total 

performances, and may in lieu thereof 

provide channel or station name and 

play frequency, during the first calendar 

year it reports in accordance with 

paragraph (g)(3) of this section. For the 

avoidance of doubt, after a 

Noncommercial Educational Webcaster 

has been required to report in 

accordance with paragraph (g)(3) of this 

section for a full calendar year, it must 

thereafter include ATH or actual total 

performances in its reports of use. All 

reports of use under paragraph (g)(3) of 

this section shall be submitted to the 

Collective no later than the 45th day 

after the end of each calendar quarter. 

* * * * * 

Dated: October 29, 2014. 

Jesse M. Feder, 

Copyright Royalty Judge. 

[FR Doc. 2014–26222 Filed 11–4–14; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2014–0733; FRL–9918– 

51–OSWER] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; Technical Amendment To Update 

Data Management System 

Nomenclature 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Effective January 31, 2014 the 

EPA Superfund program 

decommissioned the Comprehensive 

Environmental Response Compensation 

and Liability Act Information System 

(CERCLIS) and adopted a new, more 

comprehensive data management 

system. The new data management 

system, the Superfund Enterprise 

Management System (SEMS), serves as 

a more powerful, integrated platform. 

Consistent with this action, this 

proposed rule proposes to make 

appropriate conforming terminological 

changes to our regulations. This 

proposed rule also proposes to add a 

minor clarification to the description of 

the remedial preliminary assessment. 

DATES: Written comments must be 

received by December 5, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2014–0733, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: superfund.docket@epa.gov 

• U.S. Postal Mail: U.S. 

Environmental Protection Agency, EPA 

Docket Center (EPA/DC), Superfund 

Docket, Mailcode: 28221T, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460. 

• Hand Delivery: EPA Docket Center 

(EPA/DC), EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. Attention Docket ID No. EPA– 

HQ–SFUND–2014–0733. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2014– 

0733. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to EPA without going 

through www.regulations.gov, your 

email address will be automatically 

captured and included as part of the 

comment that is placed in the public 

docket and made available on the 

Internet. If you submit an electronic 

comment, EPA recommends that you 

include your name and other contact 

information in the body of your 

comment and with any disk or CD–ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 


rmajette on DSK2VPTVN1PROD with PROPOSALS