Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Proposed Rules 49563 

139Weinberg Class 12 Pet. at 2. Compare 2015 

Recommendation at 376–77. 

140 1201 Study at 150–51. 

141The Office expects to continue to hold 

informal intra-governmental communications, 

which would not be included in such guidelines. 

petition proposes eliminating the 

following limitation in the current 

exemption: ‘‘that the exemption shall 

not extend to any computer program on 

a 3D printer that produces goods or 

materials for use in commerce the 

physical production of which is subject 

to legal or regulatory oversight or a 

related certification process, or where 

the circumvention is otherwise 

unlawful.’’ 139

The Office seeks comment on whether 

this expanded exemption for 3D 

printing should be adopted. 

IV. Future Phases of the Seventh 

Triennial Rulemaking 

As in prior rulemakings, after receipt 

of written comments, the Office will 

continue to solicit public engagement to 

create a comprehensive record. 

Described below are the future phases of 

the administrative process that will be 

employed for this rulemaking, so that 

parties may use this information in their 

planning. 

A. Public Hearings 

The Copyright Office intends to hold 

public hearings following the last round 

of written comments. The hearings will 

be conducted in Washington DC during 

the week of April 9, 2018 and in 

California with a date and location to be 

determined. A separate notice providing 

details about the hearings and how to 

participate will be published in the 

Federal Register at a later date. The 

Office will identify specific items of 

inquiry to be addressed during the 

hearings. The hearings in Washington 

will be live streamed online, and the 

Office hopes to be able to offer the same 

for the California hearings. 

B. Post-Hearing Questions 

As with previous rulemakings, 

following the hearings, the Copyright 

Office may request additional 

information with respect to particular 

classes from rulemaking participants. 

The Office may rely on this process in 

cases where it would be useful for 

participants to supply missing 

information for the record or otherwise 

resolve issues that the Office believes 

are material to particular exemptions. 

Such requests for information will take 

the form of a letter from the Copyright 

Office and will be addressed to 

individual parties involved in the 

proposal as to which more information 

is sought. While responding to such a 

request will be voluntary, any response 

will need to be supplied by a specified 

deadline. After the receipt of all 

responses, the Office will post the 

questions and responses on the Office’s 

Web site as part of the public record. 

C. Ex-Parte Communication 

In its 1201 Study, the Office noted 

that, in response to stakeholder 

requests, it would consider in this 

rulemaking whether to utilize informal 

meetings to discuss proposed regulatory 

language or address discrete issues prior 

to issuing a recommendation, including 

by establishing guidelines for ex parte 

communications.140 In the past, the 

Office’s communications with 

participants about the ongoing triennial 

rulemakings have not included 

discussions about the substance of the 

proceeding apart from the noticed 

phases of written comments and public 

hearings (although the Office has 

provided procedural guidance to 

participants, and has held discussions 

with other federal agencies, such as 

NTIA, to discuss matters within their 

subject matter expertise). The Office has 

determined that further informal 

communications with nongovernmental participants might be 

beneficial in limited circumstances 

where the Office seeks specific 

information or follow-up regarding the 

public record, such as to discuss 

nuances of proposed regulatory 

language. However, any such 

communication will be limited to the 

post-hearing phase of the rulemaking. 

The primary means to communicate 

views in the course of the rulemaking 

will continue to be through the 

submission of written comments or 

participation in the public roundtables. 

In other words, this communication will 

supplement, not substitute for, the preexisting record. While exact guidelines 

governing ex parte communications 

with the Office regarding the triennial 

rulemaking will be issued at a later date, 

they will be similar to those followed by 

other agencies such as the Consumer 

Financial Protection Bureau or Federal 

Communications Commission.141 For 

example, the participating party or 

parties will be responsible for 

submitting a list of attendees and 

written summary of any oral 

communication to the Office, which 

will be made publicly available on the 

Office’s Web site or regulations.gov. In 

sum, while the Office is establishing the 

option of informal meetings in response 

to stakeholder demand, it will require 

that all such communications be on the 

record to ensure the greatest possible 

transparency. 

Dated: October 19, 2017. 

Sarang V. Damle, 

General Counsel and Associate Register of 

Copyrights. 

[FR Doc. 2017–23038 Filed 10–25–17; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R03–OAR–2017–0509; FRL–9969–91– 

Region 3] 

Approval and Promulgation of State 

Air Quality Plans for Designated 

Facilities and Pollutants; City of 

Philadelphia; Control of Emissions 

From Existing Sewage Sludge 

Incineration Units 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to notify the 

public that it has received a negative 

declaration for the City of Philadelphia 

Air Management Services (Philadelphia 

AMS) for sewage sludge incineration 

(SSI) units. This negative declaration 

certifies that SSI units subject to the 

requirements of sections 111(d) and 129 

of the Clean Air Act (CAA) do not exist 

within the City of Philadelphia in the 

Commonwealth of Pennsylvania. EPA is 

accepting the negative declaration in 

accordance with the requirements of the 

CAA. In the Final Rules section of this 

issue of the Federal Register, EPA is 

accepting the negative declaration as a 

direct final rule without prior proposal 

because the Agency views this as a 

noncontroversial submittal and 

anticipates no adverse comments. If no 

adverse comments are received in 

response to this action, no further 

activity is contemplated. If EPA receives 

adverse comments, the direct final rule 

will be withdrawn and all public 

comments received will be addressed in 

a subsequent final rule based on this 

proposed rule. EPA will not institute a 

second comment period. Any parties 

interested in commenting on this action 

should do so at this time. 

DATES: Comments must be received in 

writing by November 27, 2017. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R03– 

OAR–2017–0509 at https://

www.regulations.gov, or via email to 

aquino.marcos@epa.gov. For comments 

submitted at Regulations.gov, follow the 


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49564 Federal Register / Vol. 82, No. 206 / Thursday, October 26, 2017 / Proposed Rules 

online instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. For either manner of 

submission, the 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: 

Michael Gordon, (215) 814–2039, or by 

email at gordon.mike@epa.gov. 

SUPPLEMENTARY INFORMATION: For 

further information regarding the 

negative declaration submitted by 

Philadelphia AMS for SSI units, please 

see the information provided in the 

technical support document in the 

rulemaking docket and in the direct 

final action, with the same title, that is 

located in the ‘‘Rules and Regulations’’ 

section of this issue of the Federal 

Register. The negative declaration letter 

submitted by Philadelphia AMS and 

technical support document in support 

of this action are also available online 

at www.regulations.gov. 

Dated: October 11, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

[FR Doc. 2017–23231 Filed 10–25–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 713 

[EPA–HQ–OPPT–2017–0421; FRL–9970–07] 

RIN 2070–AK22 

Mercury; Reporting Requirements for 

the TSCA Mercury Inventory 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: As required under section 

8(b)(10)(D) of the Toxic Substances 

Control Act (TSCA), EPA is proposing 

reporting requirements for applicable 

persons to provide information to assist 

in the preparation of an ‘‘inventory of 

mercury supply, use, and trade in the 

United States,’’ where ‘‘mercury’’ is 

defined as ‘‘elemental mercury’’ and ‘‘a 

mercury compound.’’ The requirements 

would be applicable to any person who 

manufactures (including imports) 

mercury or mercury-added products, or 

otherwise intentionally uses mercury in 

a manufacturing process. Based on the 

inventory of information collected, the 

Agency is directed to ‘‘identify any 

manufacturing processes or products 

that intentionally add mercury; and . . . 

recommend actions, including proposed 

revisions of Federal law or regulations, 

to achieve further reductions in mercury 

use.’’ At this time, EPA is not making 

such identifications or 

recommendations. 

DATES: Comments must be received on 

or before December 26, 2017. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2017–0421, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: To make special 

arrangements for hand delivery or 

delivery of boxed information, please 

follow the instructions at http://

www.epa.gov/dockets/contacts.html. 

Additional instructions on 

commenting or visiting the docket, 

along with more information about 

dockets generally, is available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT:

For technical information contact: 

Thomas Groeneveld, National Program 

Chemicals Division, Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 566–1188; 

email address: groeneveld.thomas@

epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave. Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture 

(including import) mercury or mercuryadded products, or if you otherwise 

intentionally use mercury in a 

manufacturing process. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Gold ore mining (NAICS code 

212221) 

• Lead ore and zinc ore mining 

(NAICS code 212231) 

• All other metal ore mining (NAICS 

code 212299) 

• Asphalt shingle and coating 

materials manufacturing (NAICS code 

324122) 

• Synthetic dye and pigment 

manufacturing (NAICS code 325130) 

• Other basic inorganic chemical 

manufacturing (NAICS code 325180) 

• All other basic organic chemical 

manufacturing (NAICS code 325199) 

• Plastics material and resin 

manufacturing (NAICS code 325211) 

• Pesticide and other agricultural 

chemical manufacturing (NAICS code 

325320) 

• Medicinal and botanical 

manufacturing (NAICS code 325411) 

• Pharmaceutical preparation 

manufacturing (NAICS code 325412) 

• Biological product (except 

diagnostic) manufacturing (NAICS code 

325414) 

• Paint and coating manufacturing 

(NAICS code 325510) 

• Adhesive manufacturing (NAICS 

code 325520) 

• Custom compounding of purchased 

resins (NAICS code 325991) 

• Photographic film, paper, plate, and 

chemical manufacturing (NAICS code 

325992) 

• All other miscellaneous chemical 

product and preparation manufacturing 

(NAICS code 325998) 

• Unlaminated plastics film and sheet 

(except packaging) manufacturing 

(NAICS code 326113) 

• Unlaminated plastics profile shape 

manufacturing (NAICS code 326121) 

• Urethane and other foam product 

(except polystyrene) manufacturing 

(NAICS code 326150) 


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