Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 77637

applicant a written notification stating 

the reasons for refusal within four 

months of the date on which the first 

request for reconsideration is received 

by the Examining Division. When the 

ending date for the four-month time 

period falls on a weekend or a Federal 

holiday, the ending day of the fourmonth period shall be extended to the 

next Federal work day. Failure by the 

Examining Division to send the written 

notification within the four-month 

period shall not result in registration of 

the applicant’s work. 

(c) Second reconsideration. Upon 

receiving written notification of the 

Examining Division’s decision to refuse 

registration in response to the first 

request for reconsideration, an applicant 

may request that the Review Board 

reconsider the Examining Division’s 

refusal to register, subject to the 

following requirements: 

(1) An applicant must request in 

writing that the Review Board 

reconsider the Examining Division’s 

decision to refuse registration. The 

second request for reconsideration must 

include the reasons the applicant 

believes registration was improperly 

refused, including any legal arguments 

in support of those reasons and any 

supplementary information, and must 

address the reasons stated by the 

Examining Division for refusing 

registration upon first reconsideration. 

The Board will base its decision on the 

applicant’s written submissions. 

(2) The fee set forth in § 201.3(d)(4) of 

this chapter must accompany the 

second request for reconsideration. 

(3) The second request for 

reconsideration and the applicable fee 

must be received in the Copyright Office 

no later than three months from the date 

that appears in the Examining Division’s 

written notice of its decision to refuse 

registration after the first request for 

reconsideration. When the ending date 

for the three-month time period falls on 

a weekend or a Federal holiday, the 

ending day of the three-month period 

shall be extended to the next Federal 

work day. 

(4) If the Review Board decides to 

register an applicant’s work in response 

to a second request for reconsideration, 

it will notify the applicant in writing of 

the decision and the work will be 

registered. If the Review Board upholds 

the refusal to register the work, it will 

send the applicant a written notification 

stating the reasons for refusal. 

(d) Submission of reconsiderations.

(1) All mail, including any that is hand 

delivered, should be addressed as 

follows: RECONSIDERATION, 

Copyright R&P Division, P.O. Box 

71380, Washington, DC 20024–1380. If 

hand delivered by a commercial, nongovernment courier or messenger, a 

request for reconsideration must be 

delivered between 8:30 a.m. and 4 p.m. 

to: Congressional Courier Acceptance 

Site, located at Second and D Streets, 

NE., Washington, DC. If hand delivered 

by a private party, a request for 

reconsideration must be delivered 

between 8:30 a.m. and 5 p.m. to: Room 

401 of the James Madison Memorial 

Building, located at 101 Independence 

Avenue, SE., Washington, DC. 

(2) The first page of the written 

request must contain the Copyright 

Office control number and clearly 

indicate either ‘‘FIRST 

RECONSIDERATION’’ or ‘‘SECOND 

RECONSIDERATION,’’ as appropriate, 

on the subject line. 

(e) Suspension or wavier of time 

requirements. For any particular request 

for reconsideration, the provisions 

relating to the time requirements for 

submitting a request under this section 

may be suspended or waived, in whole 

or in part, by the Register of Copyrights 

upon a showing of good cause. Such 

suspension or waiver shall apply only to 

the request at issue and shall not be 

relevant with respect to any other 

request for reconsideration from that 

applicant or any other applicant. 

(f) Composition of the Review Board.

The Review Board shall consist of three 

members; the first two members are the 

Register of Copyrights and the General 

Counsel or their respective designees. 

The third member will be designated by 

the Register. 

(g) Final agency action. A decision by 

the Review Board in response to a 

second request for reconsideration 

constitutes final agency action.

PART 211—MASK WORK 

PROTECTION

■ 3. The authority citation for part 211 

continues to read as follows:

Authority: 17 U.S.C. 702 and 908.

■ 4. Add § 211.7 to read as follows:

§ 211.7 Reconsideration procedure for 

refusals to register. 

The requirements prescribed in 

§ 202.5 of this chapter for 

reconsideration of refusals to register 

copyright claims are applicable to 

requests to reconsider refusals to 

register mask works under 17 U.S.C. 

chapter 9, unless otherwise required by 

this part.

PART 212—PROTECTION OF VESSEL 

HULL DESIGNS

■ 5. The authority citation for part 212 

continues to read as follows:

Authority: 17 U.S.C. chapter 13.

■ 6. Add § 212.7 to read as follows:

§ 212.7 Reconsideration procedure for 

refusals to register. 

The requirements prescribed in 

§ 202.5 of this chapter for 

reconsideration of refusals to register 

copyright claims are applicable to 

requests to reconsider refusals to 

register vessel hull designs under 17 

U.S.C. chapter 13, unless otherwise 

required by this part.

Dated: December 3, 2004. 

Marybeth Peters, 

Register of Copyrights. 

Approved by:

James H. Billington, 

Librarian of Congress.

[FR Doc. 04–28396 Filed 12–27–04; 8:45 am] 

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR PART 22 

[FRL–7855–6] 

Clarification of Address for Documents 

Filed With EPA’s Environmental 

Appeals Board

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Final rule.

SUMMARY: EPA is amending the 

regulations that pertain to filing appeals 

and other documents with the 

Environmental Appeals Board (EAB) 

under the Consolidated Rules of 

Practice Governing the Administrative 

Assessment of Civil Penalties and the 

Revocation/Termination or Suspension 

of Permits (CROP). Specifically, EPA is 

amending two regulations that specify 

the addresses where notices of appeal, 

accompanying briefs, and other 

documents must be filed, to provide that 

any filings made through the U.S. mail 

service must be addressed to the EAB’s 

mailing address, and that any filings 

made by hand-delivery or courier must 

be made to the EAB’s hand-delivery 

address. The amendments are intended 

to make the regulations consistent with 

current Agency practice and to provide 

clear guidance on the proper address to 

use under various circumstances.

EFFECTIVE DATE: This final rule is 

effective on December 28, 2004.

FOR FURTHER INFORMATION CONTACT:

Eurika Durr, Clerk of the Board. 

Telephone number: (202) 233–0122. Email: Durr.Eurika@epa.gov.

SUPPLEMENTARY INFORMATION: This 

action is directed to the public in 

77638 Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 

general and to anyone who may want to 

file documents with the EAB. If you 

have questions regarding the 

applicability of this action to a 

particular entity or action, consult the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

I. Background 

A. What Action Is the Agency Taking? 

The Consolidated Rules of Practice 

Governing the Administrative 

Assessment of Civil Penalties and the 

Revocation/Termination or Suspension 

of Permits (CROP), 40 CFR part 22, 

govern the filing of certain appeals with 

the EAB, and provide, in pertinent part, 

that:

[A]ny party may appeal any adverse order 

or ruling of the Presiding Officer by filing an 

original and one copy of a notice of appeal 

and an accompanying appellate brief with 

the Environmental Appeals Board (Clerk of 

the Board (Mail Code 1103B), United States 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., Washington, DC 

20460. Hand deliveries may be made at Suite 

600, 1341 G Street, NW.

40 CFR 22.30(a)(l). The regulation could 

be read as implying that hand deliveries 

may be made at either of the two 

specified addresses. However, the 

address referenced in the regulation as 

‘‘1200 Pennsylvania Avenue, NW.’’ is 

that of the EPA mailing center, which 

no longer accepts hand deliveries of 

mail addressed to the EAB. The EPA 

mailing center will reject any document 

addressed to the EAB that is delivered 

by hand or courier, and such document 

will not be properly filed until it has 

been re-delivered to the physical offices 

of the EAB at Suite 600, 1341 G Street, 

NW., Washington, DC 20005. The 

purpose of the amendment is to delete 

the regulatory language at 40 CFR 

22.30(a)(1) quoted above, and to replace 

it with the following language:

[A]ny party may appeal any adverse order 

or ruling of the Presiding Officer by filing an 

original and one copy of a notice of appeal 

and an accompanying appellate brief with 

the Environmental Appeals Board. Appeals 

filed through the U.S. Postal Service (except 

by U.S. Postal Express Mail) shall be 

addressed to the Environmental Appeals 

Board at its official mailing address: Clerk of 

the Board (Mail Code 1103B), United States 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., Washington, DC 

20460. Appeals delivered by hand or courier 

(including deliveries by U.S. Postal Express 

Mail or by a commercial delivery service) 

shall be delivered to Suite 600, 1341 G Street, 

NW., Washington, DC 20005.

The CROP further provides, in 

pertinent part, that:

The original and one copy of each 

document intended to be part of the record 

shall be filed * * * with the Clerk of the 

Board when the proceeding is before the 

Environmental Appeals Board. A document 

is filed when it is received by the appropriate 

Clerk.

40 CFR 22.5(a)(1). According to 40 CFR 

22.3, the Clerk of the Board ‘‘means the 

Clerk of the Environmental Appeals 

Board, Mail Code 1103B, U.S. 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460.’’ The purpose of 

the amendment is to amend 40 CFR 

22.5(a)(I) by adding the following 

sentence after the regulatory language 

quoted above:

Documents filed in proceedings before the 

Environmental Appeals Board shall either be 

sent by U.S. mail (except by U.S. Express 

Mail) to the official mailing address of the 

Clerk of the Board set forth at 22.3 or 

delivered by hand or courier (including 

deliveries by U.S. Postal Express or by a 

commercial delivery service) to Suite 600, 

1341 G Street, NW., Washington, DC 20005.

B. How Can I Get Additional 

Information About This Action? 

You may obtain additional 

information about this action on the 

EAB’s Internet home page at http://

www.epa.gov/eab. 

C. What Is the Agency’s Authority for 

Taking This Action? 

EPA is issuing this document under 

its general rulemaking authority. 

Reorganization Plan No. 3 of 1970 (5 

U.S.C. app.). In addition, section 553 of 

the Administrative Procedure Act, 5 

U.S.C. 553(b)(B), provides that, when an 

agency for good cause finds that notice 

and public procedure are impracticable, 

unnecessary or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. EPA 

has determined that this amendment is 

technical and non-substantive, and 

therefore, that there is good cause under 

5 U.S.C. 553(b)(B) for making this rule 

final without prior proposal and 

opportunity for comment. EPA also 

finds good cause under 5 U.S.C. 553(d) 

to make this rule effective on the date 

of publication.

II. Do Any of the Regulatory 

Assessment Requirements Apply to 

This Action? 

No. This final rule implements a 

technical amendment to 40 CFR part 22 

to provide clear guidance on the handdelivery address for filings with the 

EAB, and does not otherwise impose or 

amend any requirements. This action is 

not a ‘‘significant regulatory action’’ and 

is therefore not subject to review by the 

Office of Management and Budget under 

Executive Order 12866, entitled 

Regulatory Planning and Review (58 FR 

51735, October 4, 1993). This rule does 

not contain any information collection 

requirements that require review and 

approval by OMB pursuant to the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). Because this action 

is not economically significant as 

defined by section 3(f) of Executive 

Order 12866, this action is not subject 

to Executive Order 13045, Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997). Since the Agency has 

made a ‘‘good cause’’ finding that this 

action is not subject to notice-andcomment requirements under the APA 

or any other statute, this action is not 

subject to provisions of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.), or 

to sections 202 and 205 of the Unfunded 

Mandate Reform Act of 1995 (UMRA) 

(Public Law 104–94). In addition, this 

action does not impose any enforceable 

duty, contain any unfunded mandate, or 

impose any significant or unique impact 

on small governments as described in 

the UMRA of 1995. This rule will 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, entitled 

Federalism (64 FR 43255, August 10, 

1999). Similarly, this rule will not have 

substantial direct effects on tribal 

governments, or on the distribution of 

power and responsibilities between the 

Federal government and Indian tribes, 

as specified in Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 6, 2000). This action 

does not involve any technical 

standards that require the Agency’s 

consideration of voluntary consensus 

standards pursuant to section 12(d) of 

the National Technology Transfer and 

Advancement Act of 1995 (NTTAA), 

Public Law 104–113, section 12(d) (15 

U.S.C. 272 note). This rule is not subject 

to Executive Order 13211, entitled 

Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001), because this action is not a 

significant regulatory action under 

Executive Order 12866. 

III. Will EPA Submit This Final Rule to 

Congress and the Comptroller General? 

Yes. The Congressional Review Act 

(CRA), 5 U.S.C. 801 et seq., generally 

provides that, before a rule may take 

effect, the agency that promulgates the 

rule must submit a rule report, which 

includes a copy of the rule, to each 

Federal Register / Vol. 69, No. 248 / Tuesday, December 28, 2004 / Rules and Regulations 77639

House of the Congress and to the 

Comptroller General of the United 

States. CRA section 808 provides that 

the issuing agency may make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and public procedure are impracticable, 

unnecessary, or contrary to the public 

interest. EPA has made such a good 

cause finding, including the reasons 

therefor, and has established the date of 

publication as the effective date. As 

stated previously, EPA will submit a 

report containing this rule 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. This action is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2).

List of Subjects in 40 CFR Part 22 

Environmental protection, 

Administrative practice and procedure, 

Courts.

Dated: December 20, 2004. 

Richard McKeown, 

Chief of Staff.

■ 40 CFR Part 22 is amended as follows:

■ 1. The authority citation for part 22 

continues to read as follows:

Authority: 7 U.S.C. 136(l); 15 U.S.C. 2615; 

33 U.S.C. 1319, 1342, 1361, 1415 and 1418; 

42 U.S.C. 300g–3(g), 6912, 6925, 6928, 6991e 

and 6992d, 42 U.S.C. 7413(d), 7524(c), 

7545(d), 7547, 7601 and 7607(a), 9609, and 

11045.

■ 2. Section 22.5 is amended by adding 

a sentence after the second sentence in 

paragraph (a)(1) to read as follows:

§ 22.5 Filing, service, and form of all filed 

documents, business confidentiality claims. 

(a) * * * 

(1) * * * Documents filed in 

proceedings before the Environmental 

Appeals Board shall either be sent by 

U.S. mail (except by U.S. Express Mail) 

to the official mailing address of the 

Clerk of the Board set forth at § 22.3 or 

delivered by hand or courier (including 

deliveries by U.S. Postal Express or by 

a commercial delivery service) to Suite 

600, 1341 G Street, NW., Washington, 

DC 20005. * * *

* * * * *

■ 3. Section 22.30 is amended by 

removing the first two sentences of 

paragraph (a)(1) and adding three new 

sentences in their place to read as 

follows:

§ 22.30 Appeal from or review of initial 

decision. 

(a) * * * 

(1) Within 30 days after the initial 

decision is served, any party may appeal 

any adverse order or ruling of the 

Presiding Officer by filing an original 

and one copy of a notice of appeal and 

an accompanying appellate brief with 

the Environmental Appeals Board. 

Appeals sent by U.S. mail (except by 

U.S. Postal Express Mail) shall be 

addressed to the Environmental Appeals 

Board at its official mailing address: 

Clerk of the Board (Mail Code 1103B), 

United States Environmental Protection 

Agency, 1200 Pennsylvania Avenue, 

NW., Washington, DC 20460. Appeals 

delivered by hand or courier (including 

deliveries by U.S. Postal Express Mail or 

by a commercial delivery service) shall 

be delivered to Suite 600, 1341 G Street, 

NW., Washington, DC 20005. * * *

* * * * *

[FR Doc. 04–28359 Filed 12–27–04; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[R03–OAR–2004–DC–0003; FRL–7853–9] 

Approval and Promulgation of Air 

Quality Implementation Plans; District 

of Columbia; Excess Volatile Organic 

Compound and Nitrogen Oxides 

Emissions Fee Rule

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is taking direct final 

action to approve revisions to the 

District of Columbia (District) State 

Implementation Plan (SIP) for ozone. 

The rule requires major stationary 

sources of volatile organic compounds 

(VOC) and nitrogen oxides (NOX) in the 

District, which is part of the 

Metropolitan Washington DC Severe 

Ozone Nonattainment Area, to pay a fee 

to the District if the area fails to attain 

the one-hour national ambient air 

quality standard for ozone by November 

15, 2005. The fee must be paid 

beginning in 2006, and in each calendar 

year thereafter, until the area is 

redesignated to attainment for the 

pollutant ozone. The District of 

Columbia submitted this rule on April 

16, 2004, pursuant to the requirements 

of Section 110 of the Clean Air Act.

DATES: This rule is effective on February 

28, 2005, without further notice, unless 

EPA receives adverse written comment 

by January 27, 2005. If EPA receives 

such comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect.

ADDRESSES: Submit your comments, 

identified by Regional Material in 

EDocket (RME) ID Number R03–OAR–

2004–DC–0003 by one of the following 

methods: 

A. Federal eRulemaking Portal:

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

B. Agency Web site: http://

www.docket.epa.gov/rmepub/RME,

EPA’s electronic public docket and 

comment system, is EPA’s preferred 

method for receiving comments. Follow 

the on-line instructions for submitting 

comments. 

C. E-mail: morris.makeba@epa.gov.

D. Mail: R03–OAR–2004–DC–0003, 

Makeba Morris, Chief, Air Quality 

Planning Branch, Mailcode 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 

E. Hand Delivery: At the previouslylisted EPA Region III address. Such 

deliveries are only accepted during the 

Docket’s normal hours of operation, and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

RME ID No. R03–OAR–2004–DC–0003. 

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.docket.epa.gov/rmepub/,

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 RME, 

regulations.gov or e-mail. The EPA RME 

and the Federal regulations.gov Web 

sites are 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 RME or 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