Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 31511 

(iii) Complies with all applicable 

provisions of Sections 112(e) and 114 

and applicable regulations; and 

(iv) Is not a noncommercial webcaster 

as defined in 17 U.S.C. 114(f)(5)(E)(i). 

Eligible Minimum Fee Webcaster 

means a nonsubscription transmission 

service whose payments for eligible 

transmissions do not exceed the annual 

minimum fee established for licensees 

relying upon the statutory licenses set 

forth in 17 U.S.C. 112(e) and 114; and 

either: 

(i) Meets the definition of a 

broadcaster; or 

(ii) Is directly operated by, or 

affiliated with and officially sanctioned 

by, a domestically accredited primary or 

secondary school, college, university or 

other post-secondary degree-granting 

educational institution; and 

(A) The digital audio transmission 

operations of which are, during the 

course of the year, staffed substantially 

by students enrolled in such institution; 

and 

(B) Is not a ‘‘public broadcasting 

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

qualified to receive funding from the 

Corporation for Public Broadcasting 

pursuant to the criteria set forth in 47 

U.S.C. 396; and 

(C) Is exempt from taxation under 

section 501 of the Internal Revenue 

Code, has applied for such exemption, 

or is operated by a State or possession 

or any governmental entity or 

subordinate thereof, or by the United 

States or District of Columbia, for 

exclusively public purposes. 

Minimum fee broadcaster means a 

nonsubscription service that meets the 

definition of a broadcaster and the 

service’s payments for eligible 

transmissions do not exceed the annual 

minimum fee established for licensees 

relying upon the statutory licenses set 

forth in 17 U.S.C. 112 and 114. 

Performance means each instance in 

which any portion of a sound recording 

is publicly performed to a Listener by 

means of a digital audio transmission or 

retransmission (e.g., the delivery of any 

portion of a single track from a compact 

disc to one Listener) but excluding the 

following: 

(i) A performance of a sound 

recording that does not require a license 

(e.g., the sound recording is not 

copyrighted); 

(ii) A performance of a sound 

recording for which the service has 

previously obtained a license from the 

Copyright Owner of such sound 

recording; and 

(iii) An incidental performance that 

both: 

(A) Makes no more than incidental 

use of sound recordings including, but 

not limited to, brief musical transitions 

in and out of commercials or program 

segments, brief performances during 

news, talk and sports programming, 

brief background performances during 

disk jockey announcements, brief 

performances during commercials of 

sixty seconds or less in duration, or 

brief performances during sporting or 

other public events; and 

(B) Other than ambient music that is 

background at a public event, does not 

contain an entire sound recording and 

does not feature a particular sound 

recording of more than thirty seconds 

(as in the case of a sound recording used 

as a theme song). 

Play frequency means the number of 

times a sound recording is publicly 

performed by a Service during the 

relevant period, without respect to the 

number of listeners receiving the sound 

recording. If a particular sound 

recording is transmitted to listeners on 

a particular channel or program only 

once during the reporting period, then 

the play frequency is one. If the sound 

recording is transmitted 10 times during 

the reporting period, then the play 

frequency is 10. 

* * * * * 

Dated: May 10, 2016. 

Suzanne M. Barnett, 

Chief Copyright Royalty Judge. 

Approved by: 

David S. Mao, 

Acting Librarian of Congress. 

[FR Doc. 2016–11746 Filed 5–18–16; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R10–OAR–2015–0353; FRL–9946–49– 

Region 10] 

Approval and Promulgation of 

Implementation Plans; Alaska: 

Updates to Incorporation by Reference 

and Miscellaneous Revisions 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving, and 

incorporating by reference, State 

Implementation Plan revisions 

submitted by Alaska on May 12, 2015. 

The revisions updated the incorporation 

by reference of certain Federal 

provisions, revised rules to reflect 

changes to Federal permitting 

requirements and the 2013 

redesignation of the Mendenhall Valley 

area of Juneau, and made minor 

clarifications to Alaska air quality rules. 

We note that the May 12, 2015 

submission also included transportation 

conformity and infrastructure 

requirements. These requirements are 

not being addressed in this action. We 

approved the transportation conformity 

revisions in a previous action on 

September 8, 2015, and we intend to 

address the infrastructure requirements 

in a separate, future action. 

DATES: This final rule is effective on 

June 20, 2016. 

ADDRESSES: The EPA has established a 

docket for this action under Docket 

Identification No. EPA–R10–OAR– 

2015–0353. All documents in the docket 

are listed on the http://

www.regulations.gov Web site. Although 

listed in the index, some information 

may not be publicly available, i.e., 

Confidential Business Information or 

other information the disclosure of 

which 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 through http://

www.regulations.gov or in hard copy at 

EPA Region 10, Office of Air, Waste, 

and Toxics, AWT–150, 1200 Sixth 

Avenue, Seattle, Washington 98101. The 

EPA requests that you contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Hall at (206) 553–6357, 

hall.kristin@epa.gov, or by using the 

above EPA, Region 10 address. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, it is 

intended to refer to the EPA. 

Table of Contents 

I. Background 

II. Final Action 

III. Incorporation by Reference 

IV. Statutory and Executive Order Reviews 

I. Background 

On May 12, 2015, Alaska submitted 

revisions to the Alaska SIP. On March 

4, 2016, the EPA proposed to approve 

specific revisions in the submission (81 

FR 11497). Please see our proposed 

rulemaking for further explanation and 

the basis for our finding. The public 

comment period for the proposal ended 

on April 4, 2016. We received one 

comment, a letter from the Alaska 


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31512 Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 

Department of Environmental 

Conservation dated May 9, 2016, 

acknowledging our work and supporting 

the proposal. We received no other 

comments. 

II. Final Action 

The EPA is approving, and 

incorporating by reference into the 

Alaska SIP, changes to the following 

provisions, state effective April 17, 

2015: 

• 18 AAC 50.010 Ambient Air 

Quality Standards, except paragraphs 

(7) and (8); 

• 18 AAC 50.015 Air Quality 

Designations, Classifications, and 

Control Regions; 

• 18 AAC 50.020 Baseline Dates and 

Maximum Allowable Increases; 

• 18 AAC 50.035 Documents, 

Procedures and Methods Adopted by 

Reference, except paragraphs (a)(6) and 

(b)(4); 

• 18 AAC 50.040 Federal Standards 

Adopted by Reference, except (a), (b), 

(c), (d), (e), (g), (i), (j), and (k); and 

• 18 AAC 50.215 Ambient Air 

Quality Analysis Methods, except (a)(4). 

We note that we previously approved 

the submitted rule revisions related to 

transportation conformity at 18 AAC 

50.700 through 18 AAC 50.750, and 18 

AAC 50.990 on September 8, 2015 (80 

FR 53735). This action is being taken 

under section 110 and part C of title I 

of the CAA. 

III. Incorporation by Reference 

In this rule, the EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with requirements of 1 CFR 

51.5, the EPA is finalizing the 

incorporation by reference of the Alaska 

regulations described in the 

amendments to 40 CFR part 52 set forth 

below. The EPA has made, and will 

continue to make, these documents 

generally available electronically 

through http://www.regulations.gov 

and/or in hard copy at the appropriate 

EPA office (see the ADDRESSES section of 

this preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

CAA and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely approves state law as meeting 

Federal requirements and does not 

impose additional requirements beyond 

those imposed by state law. For that 

reason, this action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• 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); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

this action does not involve technical 

standards; and 

• does not provide the EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian Tribe has demonstrated that a 

Tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

Tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000). 

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, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. The EPA will 

submit a report containing this action 

and other required information to the 

U.S. Senate, 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 action 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 July 18, 2016. Filing a petition 

for reconsideration by the Administrator 

of this final rule does not affect the 

finality of this action for the purposes of 

judicial review nor does it extend the 

time within which a 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, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 9, 2016. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

For the reasons set forth in the 

preamble, 40 CFR part 52 is amended as 

follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart C—Alaska 

■ 2. In § 52.70, the table in paragraph (c) 

is amended by revising entries 18 AAC 

50.010, 18 AAC 50.015, 18 AAC 50.020, 

18 AAC 50.035, 18 AAC 50.040, and 18 

AAC 50.215. 

The revisions read as follows: 

§ 52.70 Identification of plan. 

* * * * * 

(c) * * * 


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Federal Register / Vol. 81, No. 97 / Thursday, May 19, 2016 / Rules and Regulations 31513 

EPA-APPROVED ALASKA REGULATIONS AND STATUTES

State citation Title/subject State effective 

date EPA approval date Explanations 

Alaska Administrative Code Title 18 Environmental Conservation, Chapter 50 Air Quality Control (18 AAC 50) 

*******

18 AAC 50.010 .......... Ambient Air Quality Standards ... 4/17/15 5/19/16, [Insert Federal Register citation].except (7) and (8). 

18 AAC 50.015 .......... Air Quality Designations, Classifications, and Control Regions.4/17/15 5/19/16, [Insert Federal Register citation].

18 AAC 50.020 .......... Baseline Dates and Maximum 

Allowable Increases.

4/17/15 5/19/16, [Insert Federal Register citation].

* * * * * * * 

18 AAC 50.035 .......... Documents, Procedures and 

Methods Adopted by Reference.

4/17/15 5/19/16, [Insert Federal Register citation].except (a)(6) and (b)(4). 

18 AAC 50.040 .......... Federal Standards Adopted by 

Reference.

4/17/15; 

11/9/14 

5/19/16, [Insert Federal Register citation]; 1/7/15, 80 FR 

832.

except (a), (b), (c), (d), (e), (g), 

(j), and (k). 

* * * * * * * 

18 AAC 50.215 .......... Ambient Air Quality Analysis 

Methods.

4/17/15 5/19/16, [Insert Federal Register citation].except (a)(4). 

* * * * * * * 

* * * * * 

■ 3. Section 52.96 is amended by 

revising paragraph (a) to read as follows: 

§ 52.96 Significant deterioration of air 

quality. 

(a) The State of Alaska Department of 

Environmental Conservation Air Quality 

Control Regulations are approved as 

meeting the requirements of 40 CFR 

51.166 and part C for preventing 

significant deterioration of air quality. 

The specific provisions approved are: 18 

AAC 50.010 except (7) and (8); 18 AAC 

50.015; 18 AAC 50.020; 18 AAC 

50.035(a)(4), (a)(5), and (b)(1); 18 AAC 

50.040(h); and 18 AAC 50.215 except 

(a)(4) as in effect on April 17, 2015; 18 

AAC 50.990 as in effect on November 9, 

2014; 18 AAC 50.306 as in effect on 

January 4, 2013; 18 AAC 50.345 except 

(b), (c)(3), and (l) as in effect on 

September 14, 2012; and 18 AAC 50.250 

as in effect on October 1, 2004. 

* * * * * 

[FR Doc. 2016–11626 Filed 5–18–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2015–0793; FRL–9946–58– 

Region 9] 

Partial Approval and Partial 

Disapproval of Air Quality State 

Implementation Plans; Arizona; 

Infrastructure Requirements To 

Address Interstate Transport for the 

2008 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving in part and 

disapproving in part State 

Implementation Plan (SIP) revisions 

submitted by the Arizona Department of 

Environmental Quality to address the 

interstate transport requirements of 

Clean Air Act (CAA or Act) section 

110(a)(2)(D)(i) with respect to the 2008 

ozone national ambient air quality 

standard (NAAQS). We are approving 

the portion of the Arizona SIP 

pertaining to significant contribution to 

nonattainment or interference with 

maintenance in another state and 

disapproving the portion of Arizona’s 

SIP pertaining to interstate transport 

visibility requirements. Where EPA is 

disapproving a portion of the Arizona 

SIP revision, the deficiencies have 

already been addressed by a federal 

implementation plan (FIP). 

DATES: This final rule is effective on 

June 20, 2016. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2015–0793 for 

this action. Generally, documents in the 

docket for this action are available 

electronically at http://

www.regulations.gov or in hard copy at 

EPA Region IX, 75 Hawthorne Street, 

San Francisco, California 94105–3901. 

While all documents in the docket are 

listed at http://www.regulations.gov, 

some information may be publicly 

available only at the hard copy location 

(e.g., copyrighted material, large maps, 

multi-volume reports), and some may 

not be available in either location (e.g., 

confidential business information 

(CBI)). To inspect the hard copy 

materials, please schedule an 

appointment during normal business 

hours with the contact listed in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Tom 

Kelly, Air Planning Office (AIR–2), U.S. 

Environmental Protection Agency, 

Region IX, (415) 972–3856, 

kelly.thomasp@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

‘‘we,’’ ‘‘us,’’ and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Background 

II. Public Comments 

III. Final Action 

IV. Statutory and Executive Order Reviews 


asabaliauskas on DSK3SPTVN1PROD with RULES