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Federal Register / Vol. 86, No. 24 / Monday, February 8, 2021 / Proposed Rules B. Format of Public Hearings
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The Office will establish time limits for each panel after receiving all requests to testify. Generally, the Office plans to allot approximately one to two hours for each proposed class, although it may adjust the timing depending upon the complexity of the class. In addition, members of the public will be provided a limited opportunity to offer additional comments for the record, but parties who wish to provide detailed information to the Office are encouraged to submit a request to testify.
Witnesses should expect the Office to have carefully studied all written comments, and the Office will expect witnesses to have done the same with respect to the classes for which they will be presenting. The hearings will focus on legal or factual issues that are unclear or underdeveloped in the written record, as identified by the Office, as well as demonstrative evidence.
The Office stresses that factual information is critical to the rulemaking process, and witnesses should be prepared to discuss, among other things, where the copies of the works sought to be accessed are stored, how the works would be accessed, and what would be done with the works after being accessed. The Office also encourages witnesses to provide real-world examples to support their arguments. In some cases, the best way to do this may be to provide a description or demonstration of a claimed noninfringing use or the technologies pertinent to a proposal. As noted above, a person wishing to provide a demonstration should include a request to do so with the request to testify, using the appropriate space on the form.
Persons should consider whether a demonstration is able to be presented in a format that enables it to be viewed by participants and observers via Zoom. To ensure proper documentation of the hearings, the Office will require that a copy of any audio, visual, or audiovisual materials e.g., slideshows and videos be provided to the Office following the hearing. The Office may contact witnesses individually ahead of time to ensure that demonstrations can be preserved for the record in an appropriate form.
C. Ex Parte Communication During the seventh triennial rulemaking, the Office issued guidelines according to which interested parties could request informal meetings with the Office. The Office intends to issue similar guidelines in this proceeding.
Consistent with its prior practice, the
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Office will establish requirements to ensure transparency, including that participating parties submit a list of attendees and a written summary of any oral communications, which will be posted on the Offices website. The ex parte guidelines will be made available at https www.copyright.gov/1201/
2021/ following the completion of the public hearings. No ex parte meetings in this proceeding will be scheduled before that time.
As in prior proceedings, such informal communications may supplement, but not substitute for, the written record and testimony at the public hearings. The primary means to communicate views in the course of the rulemaking will continue to be through the submission of written comments and testimony at the public hearings.
Dated: February 2, 2021.
Regan A. Smith, General Counsel and Associate Register of Copyrights.
FR Doc. 202102464 Filed 2521; 8:45 am BILLING CODE 141030P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR03OAR20200522; FRL10016
86Region 3

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Amendments to Control of Volatile Organic Compounds Mobile Equipment Repair and Refinishing Rule Regulation Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve a state implementation plan SIP revision submitted by the Delaware Department of Natural Resources and Environmental Control DNREC. This SIP revision consists of the 2010 amendments to the State of Delawares Mobile Equipment Repair and Refinishing MERR
regulations to incorporate the Ozone Transport Commissions OTC 2009
Motor Vehicle and Mobile Equipment Non-Assembly Line Coating Operations regulations MVMERR model rule. The MVMERR rule establishes updated volatile organic compounds VOC
content limits for coating and cleaning solvents used in vehicle refinishing and standards for coating application, work practices, monitoring, and recordkeeping. This action is being taken under the Clean Air Act CAA.

SUMMARY:

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Written comments must be received on or before March 10, 2021.
ADDRESSES: Submit your comments, identified by Docket ID Number EPA
R03OAR20200522 at https
www.regulations.gov, or via email to gordon.mike@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket.
Do not submit electronically any information you consider to be confidential business information CBI
or other information whose disclosure is restricted by statute. Multimedia submissions audio, video, etc. must be accompanied by a written comment.
The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission i.e.
on the web, cloud, or other file sharing system. For additional submission methods, please contact the person identified in the FOR FURTHER
INFORMATION CONTACT section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https www2.epa.gov/dockets/
commenting-epa-dockets.
FOR FURTHER INFORMATION CONTACT:
Mike Gordon, Planning &
Implementation Branch 3AD30 Air &
Radiation Division, U.S. Environmental Protection Agency, Region III, 1650
Arch Street, Philadelphia, Pennsylvania 19103. The telephone number is 215
8142039. Mr. Gordon can also be reached via electronic mail at gordon.mike@epa.gov.
DATES:

I. Background A. General Ozone is formed in the atmosphere by photochemical reactions between VOCs and nitrogen oxides NOX in the presence of sunlight. In order to reduce these ozone concentrations, the CAA
requires control of VOC and NOX
emission sources to achieve emission reductions in moderate or more serious ozone nonattainment areas. Section 184a of the CAA established a single ozone transport region OTR, comprising all or part of 12 eastern states, including all of the State of Delaware. Section 176a of the CAA
requires that when a transport region is established, the Administrator must also establish a transport commission
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