58262 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 

3And RLI is the only other entity eligible to be 

so designated.

the preexisting subscription services as 

a proxy. However, RLI asserted that 

contrary to the Office’s understanding, a 

number of copyright owners and 

performers had designated RLI as their 

designated agent to distribute statutory 

royalties. RLI therefore urged that the 

records of use submitted by the 

preexisting subscription services to 

SoundExchange be provided to RLI as 

well so that RLI could use those records 

in its distribution of royalties to 

copyright owners and performers who 

have designated it as their designated 

agent. RLI further requested that the 

regulations provide that RLI receive 

such records directly from the 

preexisting subscription services rather 

than from SoundExchange.

The Final Rule

In light of the support in the 

comments for adoption of the reports 

already submitted by the preexisting 

subscription services as a proxy for 

reports from nonsubscription services, 

the satellite digital radio audio services, 

business establishment services or new 

types of subscription services, the Office 

has decided to adopt the proposed rule 

as a final rule.

However, RLI’s assertion that it is 

entitled to receive the preexisting 

subscription services’ reports requires a 

modification of the proposed rule. 

Whether RLI has or has not properly 

been designated by any copyright 

owners or performers is not an issue 

that can be resolved in this rulemaking 

proceeding; nor is there any need to 

resolve that issue. It will suffice to 

provide in the regulation that if RLI has 

been properly designated by any 

copyright owners or performers,3

SoundExchange must provide copies of 

the preexisting subscription services’

reports to that designated agent. The 

Office rejects as impractical RLI’s 

request that the preexisting subscription 

services be required to send those 

reports directly to RLI. The reports in 

question, which cover the period from 

October 28, 1998, through March 31, 

2004, have already been submitted to 

SoundExchange (or its predecessor, the 

Recording Industry Association of 

America) over a period of several years 

under the existing notice and 

recordkeeping regulations for 

preexisting subscription services. It 

would be an unfair burden on the 

preexisting subscription services to 

require them now to serve additional 

copies of those reports (copies of which 

they have not necessarily retained) on 

RLI, especially when all the reports are 

now in the possession of 

SoundExchange, which necessarily will 

have retained those reports to assist in 

distribution of royalties.

List of Subjects in 37 CFR Part 270

Copyright, Sound recordings.

Final Regulation

■ In consideration of the foregoing, the 

Copyright Office amends part 270 of 37 

CFR to read as follows:

■ 1. The authority citation for part 270 

continues to read as follows:

Authority: 17 U.S.C. 702.

PART 270—NOTICE AND 

RECORDKEEPING REQUIREMENTS 

FOR STATUTORY LICENSES

■ 2. Part 270 is amended as follows:

■ a. By redesignating § 270.4 as § 270.5; 

and

■ b. By adding a new § 270.4 to read as 

follows:

§ 270.4 Reports of use of sound 

recordings under statutory license prior to 

April 1, 2004. 

(a) General. This section prescribes 

the rules which govern reports of use of 

sound recordings by nonsubscription 

transmission services, preexisting 

satellite digital audio radio services, 

new subscription services, and business 

establishment services under section 

112(e) or section 114(d)(2) of title 17 of 

the United States Code, or both, for the 

period from October 28, 1998, through 

March 31, 2004.

(b) Reports of use. Reports of use filed 

by preexisting subscription services for 

transmissions made under 17 U.S.C. 

114(f) pursuant to §270.2 for use of 

sound recordings under section 112(e) 

or section 114(d)(2) of title 17 of the 

United States Code, or both, for the 

period October 28, 1998, through March 

31, 2004, shall serve as the reports of 

use for nonsubscription transmission 

services, preexisting satellite digital 

audio radio services, new subscription 

services, and business establishment 

services for their use of sound 

recordings under section 112(e) or 

section 114(d)(2) of title 17 of the 

United States Code, or both, for the 

period from October 28, 1998, through 

March 31, 2004.

(c) Royalty Logic Inc. If, in accordance 

with §261.4(c), any Copyright Owners 

or Performers have provided timely 

notice to SoundExchange of an election 

to receive royalties from Royalty Logic, 

Inc. as a Designated Agent for the period 

October 28, 1998, through December 31, 

2002, or any portion thereof, 

SoundExchange shall provide to RLI 

copies of the Reports of Use described 

in paragraph (b) of this section for that 

period or the applicable portion thereof.

Dated: September 21, 2004

Marybeth Peters,

Register of Copyrights.

Approved by:

James H. Billington,

The Librarian of Congress.

[FR Doc. 04–22002 Filed 9–29–04; 8:45 am]

BILLING CODE 1410–33–S

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[AZ 134–082; FRL–7820–1] 

Interim Final Determination To Stay 

and/or Defer Sanctions, Maricopa 

County Environmental Services 

Department

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Interim final rule.

SUMMARY: EPA is making an interim 

final determination to stay and/or defer 

imposition of sanctions based on a 

proposed approval of revisions to the 

Maricopa County Environmental 

Services Department (MCESD) portion 

of the Arizona State Implementation 

Plan (SIP) published elsewhere in 

today’s Federal Register. The revisions 

concern MCESD Rule 331.

DATES: This interim final determination 

is effective on September 30, 2004. 

However, comments will be accepted 

until November 1, 2004.

ADDRESSES: Send comments to Andy 

Steckel, Rulemaking Office Chief (AIR–

4), U.S. Environmental Protection 

Agency, Region IX, 75 Hawthorne 

Street, San Francisco, CA 94105 or email to steckel.andrew@epa.gov, or 

submit comments at http://

www.regulations.gov.

You can inspect copies of the 

submitted rule revisions, EPA’s 

technical support document (TSD), and 

public comments at our Region IX office 

during normal business hours by 

appointment. You may also see copies 

of the submitted rule revisions by 

appointment at the following locations:

Rulemaking Office (AIR–4), Air Division, 

U.S. Environmental Protection Agency, 

Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105. 

Air and Radiation Docket and Information 

Center, U.S. Environmental Protection 

Agency, Room B–102, 1301 Constitution 

Avenue, NW., (Mail Code 6102T), 

Washington, DC 20460. 

Arizona Department of Environmental 

Quality, 1110 W. Washington Street, 

Phoenix, AZ 85007. 

Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 58263

Maricopa County Environmental Services 

Department, 1001 N. Central Avenue, Suite 

695, Phoenix, AZ 85004.

A copy of the rule may also be 

available via the Internet at http://

www.maricopa.gov/envsvc/AIR/

ruledesc.asp. Please be advised that this 

is not an EPA Web site and may not 

contain the same version of the rule that 

was submitted to EPA.

FOR FURTHER INFORMATION CONTACT:

Francisco Do ́n ̃ ez, EPA Region IX, (415) 

972–3956, Donez.Francisco@epa.gov.

SUPPLEMENTARY INFORMATION:

Throughout this document, ‘‘we,’’ ‘‘us’’

and ‘‘our’’ refer to EPA. 

I. Background 

On April 16, 2003 (68 FR 18546), we 

published a limited approval and 

limited disapproval of MCESD Rule 331 

as adopted locally on April 7, 1999 and 

submitted by the State on August 4, 

1999. We based our limited disapproval 

action on certain deficiencies in the 

submittal. This disapproval action 

started a sanctions clock for imposition 

of offset sanctions 18 months after April 

16, 2003 and highway sanctions 6 

months later, pursuant to section 179 of 

the Clean Air Act (CAA) and our 

regulations at 40 CFR 52.31. 

On April 21, 2004, MCESD adopted 

revisions to Rule 331 that were intended 

to correct the deficiencies identified in 

our limited disapproval action. On July 

28, 2004, the State submitted these 

revisions to EPA. In the Proposed Rules 

section of today’s Federal Register, we 

have proposed approval of this 

submittal because we believe it corrects 

the deficiencies identified in our April 

16, 2003 disapproval action. Based on 

today’s proposed approval, we are 

taking this final rulemaking action, 

effective on publication, to stay and/or 

defer imposition of sanctions that were 

triggered by our April 16, 2003 limited 

disapproval. 

EPA is providing the public with an 

opportunity to comment on this stay/

deferral of sanctions. If comments are 

submitted that change our assessment 

described in this final determination 

and the proposed full approval of 

revised MCESD Rule 331, we intend to 

take subsequent final action to reimpose 

sanctions pursuant to 40 CFR 51.31(d). 

If no comments are submitted that 

change our assessment, then all 

sanctions and sanction clocks will be 

permanently terminated on the effective 

date of a final rule approval. 

II. EPA Action

We are making an interim final 

determination to stay and/or defer CAA 

section 179 sanctions associated with 

MCESD Rule 331 based on our 

concurrent proposal to approve the 

State’s SIP revision as correcting 

deficiencies that initiated sanctions. 

Because EPA has preliminarily 

determined that the State has corrected 

the deficiencies identified in EPA’s 

limited disapproval action, relief from 

sanctions should be provided as quickly 

as possible. Therefore, EPA is invoking 

the good cause exception under the 

Administrative Procedure Act (APA) in 

not providing an opportunity for 

comment before this action takes effect 

(5 U.S.C. 553(b)(3)). However, by this 

action EPA is providing the public with 

a chance to comment on EPA’s 

determination after the effective date, 

and EPA will consider any comments 

received in determining whether to 

reverse such action. 

EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. EPA has reviewed the State’s 

submittal and, through its proposed 

action, is indicating that it is more likely 

than not that the State has corrected the 

deficiencies that started the sanctions 

clocks. Therefore, it is not in the public 

interest to initially impose sanctions or 

to keep applied sanctions in place when 

the State has most likely done all it can 

to correct the deficiencies that triggered 

the sanctions clocks. Moreover, it would 

be impracticable to go through noticeand-comment rulemaking on a finding 

that the State has corrected the 

deficiencies prior to the rulemaking 

approving the State’s submittal. 

Therefore, EPA believes that it is 

necessary to use the interim final 

rulemaking process to stay and/or defer 

sanctions while EPA completes its 

rulemaking process on the approvability 

of the State’s submittal. Moreover, with 

respect to the effective date of this 

action, EPA is invoking the good cause 

exception to the 30-day notice 

requirement of the APA because the 

purpose of this notice is to relieve a 

restriction (5 U.S.C. 553(d)(1)). 

III. Statutory and Executive Order 

Reviews 

This action stays and/or defers federal 

sanctions and imposes no additional 

requirements. 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001) because it is 

not a significant regulatory action. 

The administrator certifies that this 

action will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

This rule does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

This rule does not have tribal 

implications because it will not have a 

substantial direct effect on one or more 

Indian tribes, on the relationship 

between the Federal government and 

Indian tribes, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified by Executive Order 13175 

(65 FR 67249, November 9, 2000). 

This action does not have Federalism 

implications because it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). 

This rule is not subject to Executive 

Order 13045, ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997), because it is not economically 

significant. 

The requirements of section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272) do not apply to this rule because 

it imposes no standards. 

This rule does not impose an 

information collection burden under the 

provisions of the Paperwork Reduction 

Act of 1995 (44 U.S.C. 3501 et seq.). 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to Congress and the 

Comptroller General. However, section 

808 provides that any rule for which the 

issuing agency for good cause finds that 

notice and public procedure thereon are 

impracticable, unnecessary, or contrary 

to the public interest, shall take effect at 

such time as the agency promulgating 

the rule determines. 5 U.S.C. 808(2). 

EPA has made such a good cause 

finding, including the reasons therefor, 

and established an effective date of 

September 30, 2004. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

58264 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Rules and Regulations 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This rule is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by November 29, 2004. Filing a 

petition for reconsideration by the 

Administrator of this final rule does not 

affect the finality of this rule for the 

purpose of judicial review nor does it 

extend the time within which petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)).

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Intergovernmental 

regulations, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds.

Dated: September 10, 2004. 

Laura Yoshii, 

Acting Regional Administrator, Region IX.

[FR Doc. 04–21824 Filed 9–29–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[RME Docket Number R08–OAR–2004–CO–

0003; FRL–7822–3] 

Approval and Promulgation of Air 

Quality Implementation Plans; State of 

Colorado; Longmont Revised Carbon 

Monoxide Maintenance Plan

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action approving a State 

Implementation Plan (SIP) revision 

submitted by the State of Colorado. On 

April 12, 2004, the Governor of 

Colorado submitted a revised 

maintenance plan for the Longmont 

carbon monoxide (CO) maintenance 

area for the CO National Ambient Air 

Quality Standard (NAAQS). The revised 

maintenance plan contains revised 

transportation conformity motor vehicle 

emissions budgets for the years 2010 

through 2014 and for 2015 and beyond. 

In this action, EPA is approving the 

Longmont CO revised maintenance plan 

and the revised transportation 

conformity motor vehicle emissions 

budgets. This action is being taken 

under section 110 of the Clean Air Act.

DATES: This rule is effective on 

November 29, 2004 without further 

notice, unless EPA receives adverse 

comment by November 1, 2004. If 

adverse comment is received, EPA will 

publish a timely withdrawal of the 

direct final rule in the Federal Register

informing the public that the rule will 

not take effect.

ADDRESSES: Submit your comments, 

identified by RME Docket Number R08–

OAR–2004–CO–0003, by one of the 

following methods: 

• Federal eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Agency Web site: http://

docket.epa.gov/rmepub/index.jsp.

Regional Materials in EDOCKET (RME), 

EPA’s electronic public docket and 

comment system for regional actions, is 

EPA’s preferred method for receiving 

comments. Follow the on-line 

instructions for submitting comments. 

• E-mail: long.richard@epa.gov and 

russ.tim@epa.gov.

• Fax: (303) 312–6064 (please alert 

the individual listed in the FOR FURTHER

INFORMATION CONTACT if you are faxing 

comments). 

• Mail: Richard R. Long, Director, Air 

and Radiation Program, Environmental 

Protection Agency (EPA), Region 8, 

Mailcode 8P–AR, 999 18th Street, Suite 

300, Denver, Colorado 80202–2466. 

• Hand Delivery: Richard R. Long, 

Director, Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 999 

18th Street, Suite 300, Denver, Colorado 

80202–2466. Such deliveries are only 

accepted Monday through Friday, 8 a.m. 

to 4:55 p.m., excluding federal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME Docket Number R08–OAR–2004–

CO–0003. EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available at http://

docket.epa.gov/rmepub/index.jsp,

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 

EDOCKET, regulations.gov, or e-mail. 

EPA’s Regional Materials in EDOCKET 

and federal regulations.gov Web site are 

‘‘anonymous access’’ systems, 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 

EDOCKET or 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 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. For additional information 

about EPA’s public docket visit 

EDOCKET online or see the Federal 

Register of May 31, 2002 (67 FR 38102). 

For additional instructions on 

submitting comments, go to Section I. 

General Information of the 

SUPPLEMENTARY INFORMATION section of 

this document. 

Docket: All documents in the docket 

are listed in the Regional Materials in 

EDOCKET index at http://

docket.epa.gov/rmepub/index.jsp.

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically in 

Regional Materials in EDOCKET or in 

hard copy at the Air and Radiation 

Program, Environmental Protection 

Agency (EPA), Region 8, 999 18th 

Street, Suite 300, Denver, Colorado 

80202–2466. EPA requests that if at all 

possible, you contact the individual 

listed in the FOR FURTHER INFORMATION

CONTACT section to view the hard copy 

of the docket. You may view the hard 

copy of the docket Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

federal holidays.

FOR FURTHER INFORMATION CONTACT: Tim 

Russ, Air and Radiation Program, 

Environmental Protection Agency 

(EPA), Region 8, Mailcode 8P–AR, 999 

18th Street, Suite 300, Denver, Colorado 

80202–2466, phone (303) 312–6479, and 

e-mail at: russ.tim@epa.gov.

SUPPLEMENTARY INFORMATION: