Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations 9021 

purpose other than in performing their 

duties during the ordinary course of 

their work for the digital licensee 

coordinator or as otherwise permitted 

under paragraph (c)(4) of this section. 

(e) Disclosure and Use of MLC 

Internal Information and DLC Internal 

Information. (1) The mechanical 

licensing collective may disclose MLC 

Internal Information to members of the 

mechanical licensing collective’s board 

of directors and committees, including 

representatives of the digital licensee 

coordinator who serve on the board of 

directors or committees of the 

mechanical licensing collective, subject 

to an appropriate written confidentiality 

agreement. The MLC may also disclose 

MLC Internal Information to other 

individuals in its discretion, subject to 

the adoption of reasonable 

confidentiality policies. 

(2) Representatives of the digital 

licensee coordinator who serve on the 

board of directors or committees of the 

mechanical licensing collective and 

receive MLC Internal Information may 

share such MLC Internal Information 

with the following persons: 

(i) Employees, agents, consultants, 

vendors, and independent contractors of 

the digital licensing coordinator who 

require access to MLC Internal 

Information for the purpose of 

performing their duties during the 

ordinary course of their work for the 

digital licensee coordinator, subject to 

an appropriate written confidentiality 

agreement; 

(ii) Individuals serving on the board 

of directors and committees of the 

digital licensee coordinator or 

mechanical licensing collective who 

require access to MLC Internal 

Information for the purpose of 

performing their duties during the 

ordinary course of their work for the 

digital licensee coordinator or 

mechanical licensing collective, subject 

to an appropriate written confidentiality 

agreement; 

(iii) Individuals otherwise employed 

by members of the digital licensee 

coordinator who require access to MLC 

Internal Information for the purpose of 

performing their duties during the 

ordinary course of their work for the 

digital licensee coordinator, subject to 

an appropriate written confidentiality 

agreement. 

(3) The digital licensee coordinator 

may disclose DLC Internal Information 

to the following persons: 

(i) Members of the digital licensee 

coordinator’s board of directors and 

committees, subject to an appropriate 

written confidentiality agreement; and 

(ii) Members of the mechanical 

licensing collective’s board of directors 

and committees, including music 

publisher representatives, songwriters, 

and representatives of the digital 

licensee coordinator who serve on the 

board of directors or committees of the 

mechanical licensing collective, subject 

to an appropriate written confidentiality 

agreement. 

(iii) The DLC may also disclose DLC 

Internal Information to other 

individuals in its discretion, subject to 

the adoption of reasonable 

confidentiality policies. 

(f) Safeguarding Confidential 

Information. The mechanical licensing 

collective, digital licensee coordinator, 

and any person or entity authorized to 

access Confidential Information from 

either of those entities as permitted in 

this section, must implement 

procedures to safeguard against 

unauthorized access to or dissemination 

of Confidential Information using a 

reasonable standard of care, but no less 

than the same degree of security that the 

recipient uses to protect its own 

Confidential Information or similarly 

sensitive information. The mechanical 

licensing collective and digital licensee 

coordinator shall each implement and 

enforce reasonable policies governing 

the confidentiality of their records, 

subject to the other provisions of this 

section. 

(g) Maintenance of records. Any 

written confidentiality agreements 

relating to the use or disclosure of 

Confidential Information must be 

maintained and stored by the relevant 

parties until at least seven years after 

disclosures cease to be made pursuant 

to them. 

(h) Confidentiality agreements. The 

use of confidentiality agreements by the 

mechanical licensing collective and 

digital licensee coordinator shall not be 

inconsistent with the other provisions of 

this section. 

Dated: February 8, 2021. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2021–02913 Filed 2–9–21; 4:15 pm] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R01–OAR–2020–0593; FRL–10017– 

79–Region 1] 

Approval and Promulgation of State 

Plans (Negative Declarations) for 

Designated Facilities and Pollutants: 

Maine and Rhode Island 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is taking a direct final 

action to approve negative declarations 

submitted in lieu of State plans to 

satisfy the requirements of the Emission 

Guidelines and Compliance Times for 

Municipal Solid Waste Landfills for the 

State of Maine and the State of Rhode 

Island. The negative declarations certify 

that there are no existing facilities in the 

States that must comply with this rule. 

DATES: This direct final rule will be 

effective April 12, 2021 without further 

notice, unless the EPA receives adverse 

comments by March 15, 2021. If the 

EPA receives adverse comments, we 

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 Docket ID No. EPA–R01– 

OAR–2020–0593 at https://

www.regulations.gov, or via email to 

kilpatrick.jessica@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, the EPA may publish any 

comments 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. The 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 


khammond on DSKJM1Z7X2PROD with RULES
9022 Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. Publicly 

available docket materials are available 

at https://www.regulations.gov or at the 

U.S. Environmental Protection Agency, 

EPA Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact 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 legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Jessica Kilpatrick, Air Permits, Toxics, & 

Indoor Programs Branch, Air and 

Radiation Division, U.S. Environmental 

Protection Agency, Region 1, 5 Post 

Office Square, Mail Code: 05–2, Boston, 

MA 02109–0287. Telephone: 617–918– 

1652. Fax: 617–918–0652 Email: 

kilpatrick.jessica@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Background 

II. Municipal Solid Waste Landfill 

Regulations 

III. Final Action 

IV. Statutory and Executive Order Reviews 

I. Background 

Section 111(d) of the Clean Air Act 

(CAA) establishes standards of 

performance for existing sources, 

specifically pertaining to the remaining 

useful life of a source. Air pollutants 

included under this section are those 

which have not already been established 

as air quality criteria pollutants via 42 

U.S.C. 7408(a) or hazardous air 

pollutants via 42 U.S.C. 7412. Section 

111(d)(1) requires states to submit to the 

EPA for approval a plan that establishes 

standards of performance. The plan 

must provide that the state will 

implement and enforce the standards of 

performance. A Federal plan is 

prescribed if a state does not submit a 

state-specific plan or the submitted plan 

is disapproved. If a state has no 

designated facilities for a standards of 

performance source category, it may 

submit a negative declaration in lieu of 

a state plan for that source category 

according to 40 CFR 60.23a(b) and 

62.06. 

II. Municipal Solid Waste Landfill 

Regulations 

A municipal solid waste (MSW) 

landfill is defined in 40 CFR 60.41(f) as, 

‘‘an entire disposal facility in a 

contiguous geographical space where 

household waste is placed in or on 

land.’’ Other substances may be placed 

in the landfill which are regulated 

under Subtitle D of the Resource 

Conservation and Recovery Act (RCRA), 

40 CFR 257.2. MSW landfills emit gases 

generated by the decomposition of 

organic compounds or evolution of new 

organic compounds from the deposited 

waste. The EPA regulations specifically 

delineate measures to control methane 

and nonmethane organic compound 

(NMOC) emissions, which can adversely 

impact public health. 

Standards of Performance for new 

MSW landfills, as codified at 40 CFR 

part 60, subpart XXX (subpart XXX), set 

standards for air emissions, operating 

standards for collection and control 

systems, test methods and procedures, 

compliance provisions, monitoring of 

operations, reporting requirements, 

recordkeeping requirements, and 

specifications for active collection 

systems. Subpart XXX applies to 

facilities that commenced construction, 

reconstruction, or modification after 

July 17, 2014. The Emission Guidelines 

and Compliance Times for Municipal 

Solid Waste Landfills, as codified at 40 

CFR part 60, subpart Cf (subpart Cf, or 

Emission Guidelines), apply to states 

with MSW landfills that accepted waste 

after November 8, 1987 and commenced 

construction, reconstruction, or 

modification before July 17, 2014. Such 

landfills are considered to be ‘‘existing’’ 

landfills. In states with facilities 

meeting the applicability criteria of an 

existing MSW landfill, the 

Administrator of an air quality program 

must submit a state plan to the EPA that 

implements the Emission Guidelines. 

According to 40 CFR 60.33f(d)(1), if the 

design capacity increase of a facility 

subject to subpart Cf is the result of a 

modification, as defined in subpart Cf, 

that was commenced after July 17, 2014, 

then the landfill becomes subject to 

subpart XXX instead of subpart Cf. 

The Maine Department of 

Environmental Protection (ME DEP) 

submitted a negative declaration to the 

EPA on March 11, 2020 pursuant to the 

requirements at 40 CFR 60.23a(b) and 

62.06, certifying that there are no 

existing source MSW landfills in the 

state subject to the requirements of 40 

CFR part 60, subpart Cf. ME DEP stated 

that its three landfills potentially subject 

to subpart Cf have made operational or 

physical changes such that the state is 

no longer required to develop a state 

plan to regulate these landfills as 

existing sources. One landfill closed in 

late 2009 and pre-control emissions of 

NMOC are less than 34 megagrams per 

year, meeting removal criteria via 40 

CFR 60.33f(f). The other two landfills 

have recently expanded their capacity 

and satisfy the definition of 

modification by commencing 

construction after July 17, 2014 and are 

therefore subject to Federal CAA landfill 

regulations pursuant to subpart XXX. 

The Rhode Island Department of 

Environmental Management (RI DEM) 

submitted a negative declaration to the 

EPA on July 28, 2020 pursuant to the 

requirements at 40 CFR 60.23a(b) and 

62.06, certifying that there are no 

existing source MSW landfills in the 

state subject to the requirements of 40 

CFR part 60, subpart Cf. RI DEM stated 

it only has one operating landfill, which 

expanded its capacity and commenced 

construction on the new phase in 

September 2014. The landfill satisfies 

the definition of modification by 

commencing construction after July 17, 

2014 and is therefore subject to Federal 

CAA landfill regulations pursuant to 

subpart XXX. 

III. Final Action 

The EPA is approving the Maine and 

Rhode Island negative declarations. 

These negative declarations satisfy the 

requirements of 40 CFR 60.23a(b) and 

62.06, serving in lieu of a CAA 111(d) 

state plan for existing source MSW 

landfills. 

The EPA is publishing this action 

without prior proposal because the 

Agency views this as a noncontroversial 

amendment and anticipates no adverse 

comments. However, in the Proposed 

Rules section of this Federal Register 

publication, the EPA is publishing a 

separate document that will serve as the 

proposal to approve the negative 

declarations should relevant adverse 

comments be filed. This rule will be 

effective April 12, 2021 without further 

notice unless the Agency receives 

relevant adverse comments by March 

15, 2021. 

If the EPA receives such comments, 

we will publish a document 

withdrawing the final rule and 

informing the public that the rule will 

not take effect. All public comments 

received will then be addressed in a 

subsequent final rule based on the 

proposed rule. The EPA will not 

institute a second comment period on 

the proposed rule. All parties interested 

in commenting on the proposed rule 

should do so at this time. If no such 

comments are received, the public is 

advised that this rule will be effective 

on April 12, 2021 and no further action 

will be taken on the proposed rule. 

Please note that if the EPA receives 

adverse comments on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, the EPA may 

adopt as final those provisions of the 


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Federal Register / Vol. 86, No. 27 / Thursday, February 11, 2021 / Rules and Regulations 9023 

rule that are not the subject of adverse 

comments. 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a 111(d) plan 

submission that complies with the 

provisions of the CAA and applicable 

Federal regulations (40 CFR 62.04). 

Thus, in reviewing 111(d) plan 

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); 

• Is not an Executive Order 13771 

regulatory action because this action is 

not significant under Executive Order 

12866; 

• 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 

application of those requirements would 

be inconsistent with the Clean Air Act; 

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, this rule 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 and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law 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 Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by April 12, 2021. 

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)). 

Parties with objections to this direct 

final rule are encouraged to file a 

comment in response to the parallel 

notice of proposed rulemaking for this 

action published in the Proposed Rules 

section of this Federal Register, rather 

than file an immediate petition for 

judicial review of this direct final rule, 

so that the EPA can withdraw this direct 

final rule and address comment(s) in the 

final rulemaking. 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements. 

Dated: February 3, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

Part 62 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLAN 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

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

Subpart U—Maine 

■ 2. Add an undesignated center 

heading and § 62.4995 to read as 

follows: 

Emissions From Existing Solid Waste 

Landfills 

§ 62.4995 Identification of plan—negative 

declaration. 

On March 11, 2020, the Maine 

Department of Environmental Protection 

submitted a letter certifying no existing 

source Municipal Solid Waste Landfills 

subject to 40 CFR part 60, subpart Cf, 

operate within the State’s jurisdiction. 

Subpart OO—Rhode Island 

■ 3. Revise § 62.9985 to read as follows: 

§ 62.9985 Identification of plan—negative 

declaration. 

On July 28, 2020, the Rhode Island 

Department of Environmental 

Management submitted a letter 

certifying no existing source Municipal 

Solid Waste Landfills subject to 40 CFR 

part 60, subpart Cf, operate within the 

State’s jurisdiction. 

[FR Doc. 2021–02543 Filed 2–10–21; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket ID FEMA–2021–0003; Internal 

Agency Docket No. FEMA–8665] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities where the sale of flood 


khammond on DSKJM1Z7X2PROD with RULES