60658 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Proposed Rules 

sections 408(b)(14) and 408(g) of the 

Act, and parallel provisions of the Code, 

relating to the provision of investment 

advice described in the Act by a 

fiduciary adviser to participants and 

beneficiaries in participant-directed 

individual account plans, and 

beneficiaries of IRAs (and certain 

similar plans). 

Also on August 22, 2008, notice was 

published in the Federal Register (73 

FR 49924) that the Department has 

under consideration a proposed class 

exemption to permit the provision of 

investment advice to participants and 

beneficiaries of self-directed individual 

account plans, such as 401(k) plans, and 

IRAs. The Department proposed the 

class exemption on its own motion 

pursuant to section 408(a) of ERISA, and 

in accordance with the procedures set 

forth in 29 CFR Part 2570, subpart B (55 

FR 32836, August 10, 1990). 

Specifically, upon adoption, the 

proposed exemption would provide 

relief from the restrictions of section 

406(a) and 406(b) of the Act, and from 

the taxes imposed by section 4975(a) 

and (b) of the Code, by reason of section 

4975(c)(1) of the Code, for the provision 

of investment advice described in 

section 3(21)(A)(ii) of ERISA by a 

fiduciary adviser to a participant or 

beneficiary in an individual account 

plan or IRA (and certain similar plans), 

the acquisition, holding or sale of a 

security or other property pursuant to 

the investment advice, and the direct or 

indirect receipt of fees or other 

compensation by the fiduciary adviser 

(or any employee, agent, registered 

representative or affiliate thereof) in 

connection with such transactions. 

Upon adoption, both the regulation 

and exemption would affect sponsors, 

fiduciaries, participants and 

beneficiaries of participant-directed 

individual account plans and IRAs, as 

well as providers of investment and 

investment advice-related services to 

such plans. 

In the notice of proposed regulation 

and exemption, the Department invited 

all interested persons to submit written 

comments on or before October 6, 2008. 

To date, the Department has received 

approximately 39 written comments 

both the proposed regulation and class 

exemption, many of which were from 

major industry groups. All written 

comments are available to the public, 

without charge, online at www.dol.gov/ 

ebsa and at the Public Disclosure Room 

N–1513, Employee Benefits Security 

Administration, U.S. Department of 

Labor, 200 Constitution Avenue, NW., 

Washington, DC 20210 

In their written comments, four 

parties requested that the Department 

hold a public hearing to more fully 

examine issues raised under the 

proposed regulation and class 

exemption, and expressed an interest in 

testifying. In view of the importance of 

these initiatives and their potential for 

significantly affecting the provision of 

investment advice to participants and 

beneficiaries in affected plans, and 

taking into account the concerns of 

these commenters, the Department has 

decided to hold a public hearing. The 

primary purpose of this hearing is to 

further develop the public record 

regarding the regulation and to assist the 

Department in understanding the issues 

and other concerns raised by the written 

comments. Because information 

contained in previously-submitted 

written comments is already part of the 

public record, the Department expects 

that persons testifying at the hearing 

will present information not previously 

addressed in their written comments. 

The hearing will be held on October 

21, 2008, beginning at 8 a.m. and ending 

at 5 p.m., EST, in Room S–3215 A&B of 

the Department of Labor, Francis 

Perkins Building, at 200 Constitution 

Avenue, NW., Washington, DC 20210. 

Persons interested in presenting 

testimony and answering questions at 

this public hearing must submit, by 3:30 

p.m., EST, October 16, 2008, the 

following information: (1) A written 

request to be heard; and (2) An outline 

of the topics to be discussed, indicating 

the time allocated to each topic. To 

facilitate the receipt and processing of 

responses, EBSA encourages interested 

persons to submit their requests and 

outlines electronically by e-mail to eORI@dol.gov. Persons submitting 

requests and outlines electronically are 

encouraged not to submit paper copies. 

Persons submitting requests and 

outlines on paper should send or deliver 

their requests and outlines (preferably at 

least three copies) to the Office of 

Regulations and Interpretations, 

Employee Benefits Security 

Administration, Attn: Investment 

Advice Hearing, Room N–5655, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

All requests and outlines submitted to 

the Department will be available to the 

public, without charge, online at 

www.dol.gov/ebsa and at the Public 

Disclosure Room N–1513, Employee 

Benefits Security Administration, U.S. 

Department of Labor, 200 Constitution 

Avenue, NW., Washington, DC 20210. 

The Department will prepare an 

agenda indicating the order of 

presentation of oral comments and 

testimony. In the absence of special 

circumstances, each presenter will be 

allotted ten (10) minutes in which to 

complete his or her presentation. 

Any individuals with disabilities who 

may need special accommodations 

should notify Fil Williams on or before 

October 16, 2008. 

Information about the agenda will be 

posted on http://www.dol.gov/ebsa on 

or after October 16, 2008, or may be 

obtained by contacting Fil Williams, 

Office of Regulations and 

Interpretations, Employee Benefits 

Security Administration, U.S. 

Department of Labor, telephone (202) 

693–8510 (this is not a toll-free 

number). 

Those individuals who make oral 

comments and testimonies at the 

hearing should be prepared to answer 

questions regarding their information 

and/or comments. The hearing will be 

transcribed. 

Notice of Public Hearing 

Notice is hereby given that a public 

hearing will be held on October 21, 

2008, concerning the Department’s 

proposed regulation and class 

exemption for the provision of 

investment advice to participants and 

beneficiaries of self-directed individual 

account plans and IRAs. The hearing 

will be held beginning at 8 a.m. in Room 

S–3215 A&B of the U.S. Department of 

Labor, Francis Perkins Building, 200 

Constitution Avenue, NW., Washington, 

DC 20210. 

Signed at Washington, DC, this 8th day of 

October 2008. 

Bradford P. Campbell, 

Assistant Secretary, Employee Benefits 

Security Administration, U.S. Department of 

Labor. 

[FR Doc. E8–24337 Filed 10–10–08; 8:45 am] 

BILLING CODE 4510–29–P 

LIBRARY OF CONGRESS 

Copyright Office 

37 CFR Part 201 

[Docket No. RM 2008–9] 

Fees 

AGENCY: Copyright Office, Library of 

Congress. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: This notice of proposed 

rulemaking is issued to inform the 

public that the Copyright Office of the 

Library of Congress is considering 

adoption of new fees for registration of 

claims, special services and Licensing 

Division services, and that the Office 

intends to submit a schedule of 


ebenthall on PROD1PC60 with PROPOSALS
Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Proposed Rules 60659 

proposed new statutory fees and fees for 

certain other services to Congress. The 

proposed fees would recover a 

significant part of the costs to the Office 

of registering claims and provide full 

cost recovery for many services 

provided by the Office which benefit 

only or primarily the user of that 

service. The new fees are based on 

reliable information regarding the costs 

of providing services, and reflect new 

electronic processing of most claims 

implemented in the Copyright Office in 

2007. 

DATES: Comments should be in writing 

and received on or before November 13, 

20083. 

ADDRESSES: If hand delivered by a 

private party, an original and ten copies 

of any comment should be brought to 

Room LM–401 of the James Madison 

Memorial Building between 8:30 a.m. 

and 5 p.m. and the envelope should be 

addressed as follows: Office of the 

General Counsel, U.S. Copyright Office, 

James Madison Memorial Building, 

Room LM–401, 101 Independence 

Avenue, SE., Washington, DC 20559– 

6000. If hand delivered by a commercial 

courier, an original and ten copies of 

any comment must be delivered to the 

Congressional Courier Acceptance Site 

located at Second and D Streets, NE., 

Washington, DC, between 8:30 a.m. and 

4 p.m. The envelope should be 

addressed as follows: Office of the 

General Counsel, U.S. Copyright Office, 

LM 401, James Madison Building, 101 

Independence Avenue, SE., 

Washington, DC. Please note that CCAS 

will not accept delivery by means of 

overnight delivery services such as 

Federal Express, United Parcel Service 

or DHL. If sent by mail (including 

overnight delivery using U.S. Postal 

Service Express Mail), an original and 

five copies should be addressed to U.S. 

Copyright Office, Copyright GC/I&R, 

P.O. Box 70400, Washington, DC 20024. 

FOR FURTHER INFORMATION CONTACT: 

Tanya M. Sandros, General Counsel, or 

Kent Dunlap, Principal Legal Advisor 

for the General Counsel, Telephone: 

(202) 707–8380. Telefax: (202) 707– 

8366. 

SUPPLEMENTARY INFORMATION: Section 

708 of the copyright law establishes two 

separate procedures for adjusting fees 

for Copyright Office services to account 

for increases in costs. For fees for 

services specifically enumerated in 

section 708(a)(1)–(9), ‘‘statutory fees,’’ 

the fees are adjusted according to the 

procedures set forth in section 708(b). 

This procedure includes the completion 

of a cost study, and the forwarding of an 

economic report and proposed fee 

schedule to Congress, which takes effect 

unless Congress enacts a law within 120 

days disapproving of the new fees. The 

second procedure concerns fees for 

services not specifically enumerated in 

section 708(a)(1)–(9), and for the 

purposes of this rulemaking, these fees 

are termed ‘‘discretionary fees.’’ For 

these fees, section 708(a) authorizes the 

Register to set the fee at ‘‘the cost of 

providing the service.’’ As with the 

statutory fees, the Copyright Office 

adjusts the discretionary fees after 

conducting a cost study to determine 

the cost of providing the service. 

The Copyright Office has instituted 

fee adjustments under this provision on 

four separate occasions. The first 

schedule was adopted in 1999. See 63 

FR 43426 (August 13. 1998) and 64 FR 

29518 (June 1, 1999). Three years later 

a second adjustment was made raising 

many copyright fees, but leaving the 

basic registration fee at $30. 67 FR 

38003 (May 31, 2002). The third fee 

adjustment was adopted in 2006, in 

which most statutory fees were again 

raised due to an increase in costs. In this 

instance, the basic registration fee was 

increased from $30 to $45. 71 FR 15368 

(March 28, 2006) and 71 FR 31089 (June 

1, 2006). The last fee adjustment was 

adopted in 2007 establishing a lower 

basic registration fee of $35 for 

copyright claims submitted 

electronically. 72 FR 33690 (June 19, 

2007). 

In the 2007 adjustment lowering the 

fee for electronic submission of basic 

copyright registration, it was stated that 

fee adjustment would likely be revisited 

once the electronic, online process for 

registering a claim was operational for a 

sufficient period of time so as to yield 

reliable information on the actual costs 

involved in providing the service. 

Electronic submission of basic claims to 

copyright was opened to beta testers in 

July 2007 with an increasing number of 

beta testers added over the next 11 

months. Beginning July 1, 2008, the 

Office made online, electronic 

submission of copyright claims 

available to the general public, and it 

also introduced a new application, Form 

CO. The advantage of Form CO is its 2– 

D barcode that captures the information 

as entered online on the application 

form and from which the Copyright 

Office retrieves the information for 

processing. 

The Office has gained experience in 

the past 15 months in using its new IT 

system for processing three different 

types of submissions of claims to 

copyright. Claims may be submitted 

electronically, by mailing a completed 

Form CO that incorporates a 2–D 

barcode, or by submitting existing paper 

forms, i.e., Forms PA, VA, SR, TX or SE. 

Each type of submission requires a 

significantly different degree of effort to 

process. Therefore, the Office is 

proposing a fee adjustment for each of 

these three types of submissions to 

recover the appropriate portion of the 

cost of providing such service. 

I. Overview 

The expenses of the Copyright Office 

have always been substantially funded 

through the fees for providing services, 

although the percentage of cost recovery 

has varied. For the last fifty years, cost 

recovery through the charging of fees 

has ranged from 50% to 80% of the 

expenses of the Copyright Office. In 

fiscal year 2005, the Copyright Office 

collected $23,788,227 in fees, sufficient 

to offset 56.9% of the total expenditures 

of the Copyright Office. In fiscal year 

2006, during the last three months of 

which higher fees applied, the Office 

collected $24,126,884 in fees, sufficient 

to offset only 51.3% of the total 

expenditures of the Copyright Office. In 

fiscal year 2007, the Copyright Office 

collected $29,261,052 in fees, offsetting 

60.5% of the Copyright Office’s total 

expenditures. Programs relating to 

mandatory deposit, domestic and 

international copyright policy and 

public information have been generally 

paid for by appropriated funds. 

In order to meet the legal 

requirements for adjusting fees, the 

Copyright Office undertook a cost study 

to evaluate the cost of its fee services. 

Based upon that study, the Office 

proposes to adjust its fees to reflect the 

costs associated with the reengineered 

processes. The proposed new fees are 

being disclosed to the public at this time 

in order to provide an opportunity for 

public comment. The Copyright Office 

plans to implement the new fees on or 

about April 1, 2009. 

II. Discretionary Fees 

For services other than those 

mentioned in section 708(a)(1) through 

(9) identified as ‘‘other services’’ in the 

law, and identified in this notice as 

‘‘Discretionary Fees,’’ the Register is 

authorized to fix the fees at the actual 

cost of providing the service. The fees 

proposed here are based on a study of 

the costs of providing these services. 

Where costs have increased, the fees 

have been raised. In some cases the fees 

remain the same, or where costs have 

decreased, the fees have been lowered. 

This notice will not discuss each fee 

increase individually where fees have 

been adjusted either to recover the cost 

of the service or to account for the rate 

of inflation since the last fee adjustment. 

However, the Copyright Office believes 


ebenthall on PROD1PC60 with PROPOSALS
60660 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Proposed Rules 

further clarification is useful for the 

following fees: 

1. Recordation of an Interim 

Designation of Agent to Receive 

Notification of Claimed Infringement 

under § 512(c)(2) (Online Service 

Provider Designation). The Copyright 

Office has recorded and indexed 

designations of online service providers 

at a flat rate up to the present time. In 

practice, some of these documents are 

very simple while others include several 

or even many domain names that must 

be indexed in the Office’s online record. 

To recover the extra cost associated with 

processing the larger number of domain 

names, the Office proposes a fee for the 

filing itself, with an additional fee for 

each group of 1 to 10 additional domain 

names. 

2. Service Charge for Uncollectible 

and Non-negotiable Checks. Before the 

reengineering of Copyright Office 

processes, the Office did not register inprocess claims and canceled completed 

registrations when an uncollectible 

check was returned from the bank. 

Under the new system, processing is 

merely suspended until the filer sends 

a valid payment. Returning nonnegotiable checks and writing for 

replacements for failed payments is a 

direct cost to the Office. Modern 

businesses recover such costs by 

imposing a service charge, and the 

Office is adopting the same approach. 

3. Licensing Division Fees. The 

Licensing Division of the Copyright 

Office provides services related to 

statements of account for cable, satellite, 

and DART usage. In this case, fees are 

set based on a separate study relating to 

the budget and expenditures of the 

Licensing Division. In addition, it 

charges fees for searching, certification 

and copying of licensing records. These 

services are similar to those performed 

by the Information and Records Division 

and the costs are also parallel. 

Consequently, fees are adjusted on the 

basis of the cost of providing the service 

regarding the filing of an Amended 

Statement of Account in accordance 

with Sections 111, 112, 114, 119, & 

1003, Recordation of Licensing 

Agreement under Section 118; and 

search, certification, and copying fees. 

4. Refund Policy. The Copyright 

Office intends to harmonize its refund 

policy with respect to refunds of fees for 

non-registration services, including 

document recordation and Licensing 

Division non-royalty fees. Heretofore, 

when a document that had been filed 

was not recorded, the entire fee was 

refunded. In the future, the Office will 

retain a portion of the fee to offset the 

administrative cost of processing the 

request to record the document. In this 

case, under 37 CFR 201.6(c), the Office 

will retain a processing fee in an 

amount equivalent to the minimum fee 

set for the service, and will refund only 

the fees paid beyond that amount. With 

respect to the various Licensing 

Division fees, the regulation will be 

applied in the same manner. 

III. Statutory Fees 

The Copyright Office now offers two 

additional options for filing basic 

copyright claims beyond the traditional 

paper application: electronic filing via 

the Office’s new ‘‘electronic Copyright 

Office’’ (eCo) and filing a new 

application Form CO filled out and 

printed from the Web site with the data 

encoded in 2–D barcodes. 

In July 2006, the basic registration fee 

was increased to $45. At that time, the 

Office established prospectively a lower 

fee of $35 for filers who would use the 

electronic filing system still in 

development at that time. In July 2007, 

when the system became available to 

the public for beta testing, the lower fee 

was implemented. The cost study just 

completed validates the lower fee, 

demonstrating a substantial cost savings 

to the Office in processing electronic 

claims. 

In its proposed schedule of fees, the 

Office has revised its registration 

schedule and presents a three tier 

system for basic registration fees to 

accommodate the addition of Form CO. 

On July 1, 2008, the Office implemented 

its new Form CO and 2–D barcode filing 

option on its Web site. The 2–D barcode 

captures the data entered into Form CO 

and, when scanned in the Office, 

populates the various fields with the 

digitized data, eliminating the need for 

any transcription. Users who complete 

the new Form CO on the Copyright 

Office Web site, print it from the Web 

site, and submit it with the fee and 

deposit copy or copies, will be charged 

a fee that is higher than the eCO filing 

fee, but lower than the fee for paper 

filings using old applications without 

the 2–D barcode. The fee level was 

determined from the cost study for 

processing applications by stripping out 

the known costs that would not be 

incurred in processing the Form CO 

claims. Review of the costs associated 

with implementation of Form CO has 

demonstrated that the deleted costs 

were in fact directly related to 

processing steps avoided in processing 

these claims. 

The highest fee for submission of a 

claim for registration is reserved for 

filers who submit the traditional paper 

application forms. The higher fee 

reflects the level of manual intervention 

required to create the digitized 

information, and other associated costs. 

In turn, these filers, like their 

counterparts, will receive a certificate 

created from the digital data drawn from 

a scanned image of the application. 

In addition to the registration fees 

associated with basic copyright 

registration, fees have been adjusted in 

some of the other areas of copyright 

registration, as have other statutory fees. 

The Copyright Office believes further 

clarification is useful for the following 

fees: 

1. Supplementary Registration and 

Additional Certificate of Registration. 

These statutory fees are being adjusted 

downward. The cost of providing these 

services has declined over recent years 

due to automation of processing 

systems. In such circumstances, it is 

appropriate to pass these savings on to 

the customer. 

2. Group Registration for Database 

Updates, Group Registration for 

Published Photographs, and Group 

Registration for Contributions to 

Periodicals. In the case of these three 

group registration options, the applicant 

files the traditional registration form, 

and in the case of published 

photographs, the use of an adjunct form 

listing the individual titles of the 

photographs. The fees for these groups 

are exactly the same as the fees for 

claims in individual works in these 

categories. A group submission reduces 

the Office’s costs and is seen as a winwin for the Office and its customers. 

The fees for these groups will increase 

for paper fillings, in concert with the 

fees for individual basic registrations. 

When group registration is available in 

the 2–D barcode and electronic filing 

options, the fees will parallel those for 

individual claims, as well. 

3. Making and Reporting of a Search. 

The fee for searching and preparing a 

report from Copyright Office records is 

adjusted for inflation to maintain the 

current level of cost recovery. The 

Office has determined, however, to 

apply a 2-hour minimum charge to 

searches performed by the Records 

Research & Certification Division. This 

step will bring the Office’s charges more 

in line with the fees charged for this 

service by providers in the private 

sector and will make recovery fairly 

consistent with actual costs. The 

minimum fee for searches done by the 

Licensing Division remains at the 

current rate of a 1-hour minimum due 

to the limited scope of the typical 

search. 

4. Notice of Intention to Obtain a 

Compulsory License under Section 

115(b). This fee has not been adjusted 

since 1978 and it has become both a 

windfall for filers who have only one 


ebenthall on PROD1PC60 with PROPOSALS
Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Proposed Rules 60661 

title in their notice and a burden for 

those notices with many titles. The 

Office intends to balance the fee so that 

it is fairer to users and better reflects the 

relative cost of processing the singletitle versus multiple-title notices, by 

charging a fee for processing the notice 

itself, with an additional fee for each 

group of ten additional titles beyond the 

first. The proposed fee is based on the 

cost of providing this service and 

increases the basic filing fee, while 

reducing the cost per title when 

multiple titles are included in the filing. 

This is the same approach the Office 

uses to set fees for the recordation of a 

document with additional titles and the 

recordation of an Interim Designation of 

Agent to Receive Notification of 

Claimed Infringement under § 512(c)(2). 

The Office anticipates adjusting its 

processes to accept electronic filings in 

the future, at which time, it will 

consider an adjustment to these fees to 

reflect the efficiencies and savings 

associated with electronic filings. 

IV. Proposed New Statutory and Filing 

Fees 

Based upon the cost study prepared 

by the Copyright Office, the Copyright 

Office is proposing a new fee schedule 

for registration and related services, 

special services, and Licensing Division 

services. A comparison of existing and 

new fees is included in the following 

charts: 

Current fees Proposed fees 

Registration, Recordation, and Related Services 

(1) Registration of a basic claim in an original work of authorship: 

Form CO (electronic filing) ....................................................................................................................... $35 $35 

Form CO (2–D barcode application completed online) ........................................................................... 45 50 

Forms PA, SR, TX, VA, SE (paper filing) ................................................................................................ 45 65 

(2) Registration of a claim in a group of published photographs, database updates, or contributions to 

periodicals (Form GR/CP): 

Form CO (electronic filing, when available) ............................................................................................. 35 35 

Form CO (2–D barcode application completed online, when available) ................................................. 45 50 

Forms PA, SR, TX, VA, SE (paper filing) ................................................................................................ 45 65 

(3) Registration of a renewal claim (Form RE): 

Claim without Addendum ......................................................................................................................... 75 115 

Addendum ................................................................................................................................................ 220 245 

(4) Registration of a claim in a mask work (Form MW) .................................................................................. 95 105 

(5) Registration of a claim in a group of serials (Form SE/Group) [per issue, with minimum 2 issues] ........ 25 25 

(6) Registration of a claim in a group of daily newspapers and qualified newsletters (Form G/DN) ............. 70 80 

(7) Registration of a claim in a restored copyright (Form GATT) ................................................................... 45 65 

(8) Preregistration of certain unpublished works ............................................................................................. 100 115 

(9) Registration of a correction or amplification to a claim (Form CA) ........................................................... 115 100 

(10) Providing an additional certificate of registration ..................................................................................... 40 35 

(11) Certification of other Copyright Office records (per hour) ....................................................................... 150 165 

(12) Search-report prepared from official records (per hour) [minimum 2 hours] .......................................... 150 165

Estimate of search fee ............................................................................................................................. 100 115 

(13) Location of Copyright Office records (per hour) ...................................................................................... 150 165 

Location of in-process materials (per hour) ............................................................................................. 150 165 

(14) Recordation of document, including a Notice of Intention to Enforce (NIE) (single title) ....................... 95 105 

Additional titles (per group of 10 titles) .................................................................................................... 25 30 

(15) Recordation of Notice of Intention to Make and Distribute Phonorecords (single title) .......................... 12 105 

Additional titles (per group of 10 titles) .................................................................................................... N/A 20 

(16) Recordation of an Interim Designation of Agent to Receive Notification of Claimed Infringement 

under § 512(c)(2) (single name) ................................................................................................................... 80 105 

Additional domain names (per group of 10 names) ................................................................................ N/A 30 

(17) Issuance of a receipt for a § 407 deposit ................................................................................................ 20 30 

(18) Registration of a claim in a vessel hull (Form D/VH) .............................................................................. 200 220 

Special Services 

(1) Service charge for deposit account overdraft ............................................................................................ 150 165 

Licensing Division Services 

(1) Recordation of a Notice of Intention to Make and ..................................................................................... 12 105 

1 New item; fee not currently listed in 37 CFR 201.3(d). 


ebenthall on PROD1PC60 with PROPOSALS
60662 Federal Register / Vol. 73, No. 199 / Tuesday, October 14, 2008 / Proposed Rules 

V. Request for Comments 

The Copyright Office is publishing the 

proposed new fees and modification of 

the refund policy in order to provide the 

public with an opportunity to comment 

on the proposed adjustments. The Office 

anticipates implementation of the new 

fee schedule by April 1, 2009. 

Dated: October 8, 2008. 

Marybeth Peters, 

Register of Copyrights. 

[FR Doc. E8–24269 Filed 10–10–08; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 228 

[EPA–R10–OW–2008–0745; FRL–8728–6] 

Ocean Dumping; Designation of Ocean 

Dredged Material Disposal Site 

Offshore of the Rogue River, OR 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is withdrawing an earlier 

proposal to designate an ocean dredged 

material disposal site near the mouth of 

the Rogue River, Oregon, and is reproposing to designate an ocean 

dredged material disposal site located 

offshore of the Rogue River, Oregon. 

EPA’s proposed rule was published at 

56 FR 47173 (September 18, 1991). 

Changes since that time to the ocean 

dumping program, including changes to 

the Marine Protection, Research, and 

Sanctuaries Act, as amended (MPRSA), 

33 U.S.C. 1401 to 1445, give rise to 

EPA’s decision to re-propose the site 

designation to take into account the 

statutory changes since the original 

proposal and to incorporate new data 

about the site. The new site is needed 

primarily to serve the long-term need for 

a location to dispose of material dredged 

from the Rogue River navigation 

channel, and will also serve to provide 

a location for the disposal of dredged 

material for persons who have received 

a permit for such disposal. The newly 

designated site will be subject to 

ongoing monitoring and management to 

ensure continued protection of the 

marine environment. 

DATES: Comments on this proposed rule 

must be received by November 13, 2008. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R10– 

OW–2008–0745 by one of the following 

methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• E-mail: 

Freedman.Jonathan@epa.gov. 

• Mail: Jonathan Freedman, U.S. 

Environmental Protection Agency, 

Region 10, Office of Ecosystems, Tribal 

and Public Affairs (ETPA–183), Aquatic 

Resources Unit, 1200 Sixth Avenue, 

Suite 900, Seattle, Washington 98101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R10–OW–2008– 

0745. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

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 the Web site, http:// 

www.regulations.gov, or through e-mail. 

The http://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 e-mail 

comment directly to EPA without going 

through the Web site, http:// 

www.regulations.gov, your e-mail 

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 comment. 

Electronic files should avoid the use of 

special characters or any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, e.g., CBI 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy 

during normal business hours at the 

U.S. Environmental Protection Agency, 

Region 10, Library, 10th Floor, 1200 

Sixth Avenue, Suite 900, Seattle, 

Washington 98101. For access to the 

documents at the Region 10 Library, 

contact the Region 10 Library Reference 

Desk at (206) 553–1289, between the 

hours of 9 a.m. to 11:30 a.m., and 

between the hours of 1 p.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays, for an appointment. 

FOR FURTHER INFORMATION CONTACT: 

Jonathan Freedman, U.S. Environmental 

Protection Agency, Region 10, Office of 

Ecosystems, Tribal and Public Affairs 

(ETPA–183), Aquatic Resources Unit, 

1200 Sixth Avenue, Suite 900, Seattle, 

Washington 98101, phone number: 

(206) 553–0266, e-mail: 

freedman.jonathan@epa.gov, or contact 

Jessica Winkler, U.S. Environmental 

Protection Agency, Region 10, Office of 

Ecosystems, Tribal and Public Affairs 

(ETPA–183), Aquatic Resources Unit, 

1200 Sixth Avenue, Suite 900, Seattle, 

Washington 98101, phone number: 

(206) 553–7369, e-mail: 

winkler.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

1. Potentially Affected Persons 

Persons potentially affected by this 

proposed action include those who seek 

or might seek permits or approval by 

EPA to dispose of dredged material into 

ocean waters pursuant to the Marine 

Protection, Research, and Sanctuaries 

Act, as amended (MPRSA), 33 U.S.C. 

1401 to 1445. EPA’s action would be 

relevant to persons, including 

organizations and government bodies, 

seeking to dispose of dredged material 

in ocean waters offshore of the Rogue 

River, Oregon. Currently, the U.S. Army 

Corps of Engineers (Corps) would be 

most impacted by this proposed action. 

Potentially affected categories and 

persons include: 

Category Examples of potentially regulated persons 

Federal Government ....................... U.S. Army Corps of Engineers Civil Works Projects, and other Federal Agencies. 

Industry and General Public ........... Port Authorities, Marinas and Harbors, Shipyards and Marine Repair Facilities, Berth Owners. 


ebenthall on PROD1PC60 with PROPOSALS