10826 Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations 

1 In the ‘‘addresses’’ section, the proposed 

rulemaking stated: ‘‘To reduce the risk of COVID– 

19 transmission, for this action we will not be 

accepting comments submitted by mail or hand 

delivery’’ (85 FR 33052). 

(4) Special relief. In an exceptional 

case, the Copyright Office may waive 

the online filing requirement set forth in 

paragraph (k)(2) of this section or may 

grant special relief from the deposit 

requirement under § 202.20(d), subject 

to such conditions as the Associate 

Register of Copyrights and Director of 

the Office of Registration Policy and 

Practice may impose on the applicant. 

* * * * * 

§ 202.6 [Amended] 

■ 5. Amend § 202.6(e)(2) by: 

■ a. Removing ‘‘or for’’ after and adding 

‘‘,’’ in its place and adding ‘‘, or a group 

of works published on the same album 

registered under § 202.4(k),’’ after 

‘‘§ 202.4(j)’’. 

Dated: February 11, 2021. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2021–03533 Filed 2–22–21; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R08–OAR–2019–0643; FRL–10018– 

17–Region 8] 

Air Quality State Implementation 

Plans; Approval and Promulgation of 

Implementation Plans; Utah; 

Infrastructure Requirements for the 

2015 Ozone National Ambient Air 

Quality Standards; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: On June 1, 2020, the 

Environmental Protection Agency (EPA) 

published a rulemaking proposing to 

approve multiple elements of the 

infrastructure SIP requirements for the 

2015 ozone NAAQS for the State of 

Utah, while taking no action on three 

infrastructure elements (85 FR 33052). 

On September 16, 2020, we published a 

rulemaking taking final action on the 

proposal. The final rulemaking 

incorrectly stated that there were no 

comments received during the public 

comment period for the proposed 

rulemaking (85 FR 57731). One 

comment, submitted electronically on 

July 1, 2020, had been received but was 

inadvertently overlooked in the 

preparation of the September 16 final 

rule. In this correction document we 

will respond to the comment received. 

DATES: This rule is effective on February 

23, 2021. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R08–OAR–2019–0643. All 

documents in the docket are listed at 

http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., 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 through http://

www.regulations.gov, or you may 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section 

for additional availability information. 

FOR FURTHER INFORMATION CONTACT: Kate 

Gregory, (303) 312–6175, gregory.kate@

epa.gov. Mail can be directed to the Air 

and Radiation Division, U.S. EPA, 

Region 8, Mail-code 8ARD–QP, 1595 

Wynkoop Street, Denver, Colorado 

80202–1129. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ means the EPA. 

I. Response to Comments 

Comment 

We received one anonymous 

comment on the proposed rulemaking. 

The commenter asserts that in stating 

that hard copy comments would not be 

accepted,1 the EPA was attempting to 

preclude submission of comments by 

‘‘post mail,’’ without prior public 

notification or rulemaking, in violation 

of the Administrative Procedure Act 

(APA). The commenter cited in 

particular 5 U.S.C. 553(c): ‘‘After notice 

required by this section, the agency 

shall give interested persons an 

opportunity to participate in the rule 

making through submission of written 

data, views, or arguments with or 

without opportunity for oral 

presentation.’’ The commenter stated 

that the EPA must re-propose the rule 

without excluding comments submitted 

by mail. 

The commenter also stated that they 

submitted a separate comment by postal 

mail. 

Response 

The EPA does not agree that the 

comment method offered was in 

violation of the APA, or that the 

comment period was otherwise legally 

insufficient in any way. The agency did 

not eliminate the opportunity for public 

comment, but rather temporarily 

eliminated one method of transmission 

of public comment, in light of public 

health concerns related to the COVID– 

19 pandemic. We provided notice of 

that temporary change in the proposed 

rule published at 85 FR 57731, in full 

compliance with the APA’s ‘‘prior 

public notification’’ requirement. 

Additionally, the proposed rule 

describes CAA comment submission 

requirements: 

‘‘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, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets.’’ (This site 

directs commenters to regulations.gov as 

our preferred method for submitting 

comments.) 

The APA requires agencies to provide 

an opportunity for public comment, but 

it does not dictate the form in which 

comments may be submitted, nor does 

it preclude agencies from imposing 

reasonable limitations or structures on 

comment submissions. Accordingly, the 

commenter’s assertion that the APA 

required the Agency here to accept 

comments on this proposal by postal 

mail is incorrect. In addition, the eGovernment Act of 2002 requires 

agencies to create electronic dockets for 

rulemakings and make those e-dockets 

available to the public; the EPA satisfied 

that requirement in this case by 

employing the Federal Rulemaking 

Portal at regulations.gov as an option for 

submitting comments on the proposed 

rulemaking. Further, the fact that the 

commenter was successfully able to 

submit a written comment by electronic 

means demonstrates that the notice and 

comment method used did not interfere 

with the commenter’s ability to 

comment on this action. 

As noted, the EPA was not required 

to accept comments by postal mail in 

this matter and did not do so. Even if 

we had chosen to accept a comment 

submitted by postal mail, the comment 

that the commenter claimed was 

submitted by postal mail was not found 

at the address listed in the proposed 

rule, or at any of the other agency 

Federal Register / Vol. 86, No. 34 / Tuesday, February 23, 2021 / Rules and Regulations 10827 

addresses that we checked after 

receiving the electronically submitted 

comment. Because the commenter 

anonymously submitted the 

electronically submitted comment, 

contacting the commenter to inquire 

about location of the comment 

submitted by mail was not possible. 

II. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act 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 Clean Air 

Act. 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 (82 

FR 9339, February 2, 2017) regulatory 

action because SIP approvals are 

exempted 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, 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 CAA; and 

• Does not provide 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 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. 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 26, 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)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Greenhouse gases, Incorporation by 

reference, Intergovernmental relations, 

Lead, Nitrogen dioxide, Ozone, 

Particulate matter, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: February 11, 2021. 

Debra Thomas, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2021–03252 Filed 2–22–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2020–0194; FRL–10017– 

11–Region 3] 

Air Plan Approval; West Virginia; 1997 

8-Hour Ozone National Ambient Air 

Quality Standard Second Maintenance 

Plan for the West Virginia Portion for 

the Charleston, West Virginia Area 

Comprising Kanawha and Putnam 

Counties 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a state 

implementation plan (SIP) revision 

submitted by the West Virginia 

Department of Environmental Protection 

(WVDEP) of the State of West Virginia. 

This revision pertains to West Virginia’s 

plan for maintaining the 1997 8-hour 

ozone national ambient air quality 

standard (NAAQS) for the Charleston 

Area (comprising Kanawha and Putnam 

Counties). The EPA is approving these 

revisions to the West Virginia SIP in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This final rule is effective on 

March 25, 2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

Number EPA–R03–OAR–2020–0194. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. 

FOR FURTHER INFORMATION CONTACT: 

Keila M. Paga ́n-Incle, 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) 

814–2926. Ms. Paga ́n-Incle can also be 

reached via electronic mail at paganincle.keila@epa.gov. 

SUPPLEMENTARY INFORMATION: