Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Rules and Regulations 12827 

§ 210.27 Reports of usage and payment for 

blanket licensees. 

* * * * * 

(c) * * * 

(5)(i) For any voluntary license in 

effect during the applicable monthly 

reporting period, the information 

required under § 210.24(b)(8). If this 

information has been separately 

provided to the mechanical licensing 

collective, it need not be contained in 

the monthly report of usage, provided 

the report states that the information has 

been provided separately and includes 

the date on which such information was 

last provided to the mechanical 

licensing collective. This paragraph 

(c)(5)(i) does not apply to any authority 

obtained by a digital music provider 

from licensors of sound recordings to 

make and distribute permanent 

downloads of musical works embodied 

in such sound recordings pursuant to an 

individual download license or 

voluntary license. 

(ii) For any authority obtained by a 

digital music provider from licensors of 

sound recordings to make and distribute 

permanent downloads of musical works 

embodied in such sound recordings 

pursuant to an individual download 

license or voluntary license, and where 

such authority does not cover all 

permanent downloads made available 

on the service, a list of all sound 

recordings for which the digital music 

provider has obtained such authority 

from the respective sound recording 

licensors, or a list of any applicable 

catalog exclusions where the digital 

music provider indicates that such 

authority otherwise exists for all 

permanent downloads, and an 

identification of the digital music 

provider’s covered activities operated 

under such authority. If this information 

has been separately provided to the 

mechanical licensing collective, it need 

not be contained in the monthly report 

of usage, provided the report states that 

the information has been provided 

separately and includes the date on 

which such information was last 

provided to the mechanical licensing 

collective. 

* * * * * 

(g) * * * 

(2) * * * 

(ii) * * * These efforts may include 

providing copyright owners with 

information on usage of their respective 

musical works that was identified by a 

digital music provider as subject to a 

voluntary license or individual 

download license. 

* * * * * 

■ 5. Amend § 210.28 by revising 

paragraph (c)(5) to read as follows: 

§ 210.28 Reports of usage for significant 

nonblanket licensees. 

* * * * * 

(c) * * * 

(5)(i) For each voluntary license in 

effect during the applicable monthly 

reporting period, the information 

required under § 210.24(b)(8). If this 

information has been separately 

provided to the mechanical licensing 

collective, it need not be contained in 

the monthly report of usage, provided 

the report states that the information has 

been provided separately and includes 

the date on which such information was 

last provided to the mechanical 

licensing collective. This paragraph 

(c)(5)(i) does not apply to any authority 

obtained by a significant nonblanket 

licensee from licensors of sound 

recordings to make and distribute 

permanent downloads of musical works 

embodied in such sound recordings 

pursuant to an individual download 

license or voluntary license. 

(ii) For any authority obtained by a 

significant nonblanket licensee from 

licensors of sound recordings to make 

and distribute permanent downloads of 

musical works embodied in such sound 

recordings pursuant to an individual 

download license or voluntary license, 

and where such authority does not 

cover all permanent downloads made 

available on the service, a list of all 

sound recordings for which the 

significant nonblanket licensee has 

obtained such authority from the 

respective sound recording licensors, or 

a list of any applicable catalog 

exclusions where the significant 

nonblanket licensee indicates that such 

authority otherwise exists for all 

permanent downloads, and 

identification of the significant 

nonblanket licensee’s covered activities 

operated under such authority. If this 

information has been separately 

provided to the mechanical licensing 

collective, it need not be contained in 

the monthly report of usage, provided 

the report states that the information has 

been provided separately and includes 

the date on which such information was 

last provided to the mechanical 

licensing collective. 

* * * * * 

■ 6. Amend § 210.30 as follows: 

■ a. Revise paragraph (a); 

■ b. Remove paragraph (b); and 

■ c. Redesignate paragraph (c) as 

paragraph (b). 

The revision reads as follows: 

§ 210.30 Temporary exception to certain 

reporting requirements about certain 

permanent download licenses. 

(a) Where a requirement of 

§ 210.24(b)(8), § 210.25(b)(6), 

§ 210.27(c)(5), or § 210.28(c)(5) has not 

been satisfied with respect to an 

individual download license or 

voluntary pass-through license before 

April 5, 2021, in connection with a 

submission to the mechanical licensing 

collective before such date, a submitter 

may take additional time to comply 

with such reporting obligations, as 

amended, by no later than May 19, 

2021. Taking such additional time shall 

not render an otherwise compliant 

notice of license, notice of nonblanket 

activity, or report of usage invalid, or 

provide a basis for the mechanical 

licensing collective to reject an 

otherwise compliant notice of license, 

serve a notice of default on an otherwise 

compliant blanket licensee, terminate an 

otherwise compliant blanket license, or 

engage in legal enforcement efforts 

against an otherwise compliant 

significant nonblanket licensee. Any 

deadline otherwise applicable to any 

such action by the mechanical licensing 

collective shall be tolled with respect to 

a submitter permitted to take additional 

time to comply with these reporting 

obligations until May 19, 2021. 

* * * * * 

Dated: February 23, 2021. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2021–04573 Filed 3–4–21; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2021–0134; FRL–10020– 

94–Region 9] 

Determination To Defer Sanctions; 

Arizona; Pinal County Air Quality 

Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Interim final determination. 

SUMMARY: The Environmental Protection 

Agency (EPA) is making an interim final 

determination that the Arizona 

Department of Environmental Quality 

(ADEQ) has submitted rules and other 

materials on behalf of the Pinal County 

Air Quality Control District (PCAQCD or 

District) that correct deficiencies in its 

Clean Air Act (CAA or Act) state 

implementation plan (SIP) provisions 

concerning ozone nonattainment 

requirements. This determination is 


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12828 Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Rules and Regulations 

1 40 CFR 52.31(d)(2). 

based on a proposed approval, 

published elsewhere in this Federal 

Register, of PCAQCD’s reasonably 

available control technology (RACT) SIP 

rules and negative declarations. The 

effect of this interim final determination 

is that the imposition of sanctions that 

were triggered by a previous partial 

disapproval and limited disapproval by 

the EPA in 2019 is now deferred. If the 

EPA finalizes its approval of PCAQCD’s 

submission, relief from these sanctions 

will become permanent. 

DATES: This interim final determination 

is effective on March 5, 2021. However, 

comments will be accepted on or before 

April 5, 2021. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R09– 

OAR–2021–0134 at https://

www.regulations.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. The EPA may publish 

any comment 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 

making effective comments, please visit 

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

commenting-epa-dockets. If you need 

assistance in a language other than 

English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: 

Nicole Law, EPA Region IX, 75 

Hawthorne St., San Francisco, CA 

94105. By phone: (415) 947–4216 or by 

email at Law.Nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

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

Table of Contents 

I. Background 

II. EPA Action 

III. Statutory and Executive Order Reviews 

I. Background 

On August 9, 2019 (84 FR 39196), the 

EPA issued a final partial approval/ 

partial disapproval and a limited 

approval/limited disapproval for 

revisions to the PCAQCD portion of the 

Arizona SIP that had been submitted by 

ADEQ to the EPA for approval (the 2017 

RACT Submittal). The 2017 RACT 

Submittal action addressed the 

PCAQCD’s RACT SIP requirements 

under the Act. In our 2017 RACT 

Submittal action, we determined that 

while PCAQCD’s SIP revision submittal 

strengthened the SIP, the submittal did 

not fully meet the requirements for 

RACT SIPs under the CAA. Our 2017 

RACT Submittal action included a final 

partial disapproval and limited 

disapproval action under title I, part D 

of the Act, relating to requirements for 

nonattainment areas. Pursuant to 

section 179 of the CAA and our 

regulations at 40 CFR 52.31, this partial 

disapproval and limited disapproval 

action under title I, part D started a 

sanctions clock for imposition of offset 

sanctions 18 months after the action’s 

effective date of September 9, 2019, and 

highway sanctions 6 months later. 

On August 5, 2020, PCAQCD revised 

its rules and adopted additional 

negative declarations and on August 20, 

2020, ADEQ submitted the revised rules 

and negative declarations to the EPA for 

approval into the Arizona SIP (2020 

RACT Submittal). These negative 

declarations and revised rules are 

intended to address the partial 

disapproval and limited disapproval 

issues under title I, part D that we 

identified in our 2017 RACT Submittal 

action. In the Proposed Rules section of 

this Federal Register, we have proposed 

approval of PCAQCD’s 2020 RACT 

Submittal. Based on this proposed 

approval action, we are also taking this 

interim final determination, effective on 

publication, to defer imposition of the 

offset sanctions and highway sanctions 

that were triggered by our 2017 RACT 

Submittal action’s partial disapproval 

and limited disapproval of PCAQCD’s 

RACT SIP and rules, because we believe 

that the 2020 RACT Submittal corrects 

the deficiencies that triggered such 

sanctions.1

The EPA is providing the public with 

an opportunity to comment on this 

deferral of sanctions. If comments are 

submitted that change our assessment 

described in this interim final 

determination and the proposed full 

approval of PCAQCD’s 2020 RACT 

Submittal with respect to the title I, part 

D deficiencies identified in our 2017 

RACT Submittal action, we would take 

final action to lift this deferral of 

sanctions under 40 CFR 52.31. If no 

comments are submitted that change our 

assessment, then all sanctions and any 

sanction clocks triggered by our 2017 

RACT Submittal action would be 

permanently terminated on the effective 

date of our final approval of PCAQCD’s 

2020 RACT Submittal. 

II. EPA Action 

We are making an interim final 

determination to defer CAA section 179 

sanctions associated with our partial 

disapproval and limited disapproval 

action on August 9, 2019 of PCAQCD’s 

RACT SIP and rules with respect to the 

requirements of part D of title I of the 

CAA. This determination is based on 

our concurrent proposal to fully 

approve PCAQCD’s 2020 RACT 

Submittal, which resolves the 

deficiencies that triggered sanctions 

under section 179 of the CAA. 

Because the EPA has preliminarily 

determined that PCAQCD’s 2020 RACT 

Submittal addresses the deficiencies 

under part D of title I of the CAA 

identified in our 2017 RACT Submittal 

action and is fully approvable, relief 

from sanctions should be provided as 

quickly as possible. Therefore, the 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, the EPA is providing the 

public with a chance to comment on the 

EPA’s determination after the effective 

date, and the EPA will consider any 

comments received in determining 

whether to reverse such action. 

The EPA believes that notice-andcomment rulemaking before the 

effective date of this action is 

impracticable and contrary to the public 

interest. The 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 

submitted a revision to the SIP that 

corrects deficiencies under part D of the 

Act that were the basis for the action 

that started the sanctions clocks. 

Therefore, it is not in the public interest 

to impose sanctions. The EPA believes 

that it is necessary to use the interim 

final rulemaking process to defer 

sanctions while the EPA completes its 

rulemaking process on the approvability 

of the State’s submittal. Moreover, with 

respect to the effective date of this 

action, the EPA is invoking the good 

cause exception to the 30-day notice 

requirement of the APA because the 


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Federal Register / Vol. 86, No. 42 / Friday, March 5, 2021 / Rules and Regulations 12829 

purpose of this notice is to relieve a 

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

III. Statutory and Executive Order 

Reviews 

This action defers sanctions and 

imposes no additional requirements. 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 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide the EPA with the 

discretionary authority to address 

disproportionate human health or 

environmental effects with practical, 

appropriate, and legally permissible 

methods under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

• 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). 

• Is subject to the CRA, and the EPA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. The CRA 

allows the issuing agency to make a rule 

effective sooner than otherwise 

provided by the CRA if the agency 

makes a good cause finding that notice 

and comment rulemaking procedures 

are impracticable, unnecessary or 

contrary to the public interest (5 U.S.C. 

808(2)). The EPA has made a good cause 

finding for this rule as discussed in 

section II of this preamble, including the 

basis for that finding. 

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 May 4, 2021. Filing a petition 

for reconsideration by the EPA 

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 CAA 

section 307(b)(2)). 

List of Subjects in 40 CFR Part 52 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

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

Dated: February 23, 2021. 

Deborah Jordan, 

Acting Regional Administrator, Region IX. 

[FR Doc. 2021–04388 Filed 3–4–21; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2017–0653; FRL–10019–99] 

Picarbutrazox; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of picarbutrazox 

in or on multiple commodities which 

are identified and discussed later in this 

document. Nippon Soda Co., Ltd c/o 

Nisso America, Inc. requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

March 5, 2021. Objections and requests 

for hearings must be received on or 

before May 4, 2021, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2017–0653, is 

available at http://www.regulations.gov 

or at the Office of Pesticide Programs 

Regulatory Public Docket (OPP Docket) 

in the Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW, Washington, DC 

20460–0001. The Public Reading Room 

is open from 8:30 a.m. to 4:30 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPP 

Docket is (703) 305–5805. 

Due to the public health concerns 

related to COVID–19, the EPA Docket 

Center (EPA/DC) and Reading Room is 

closed to visitors with limited 

exceptions. The staff continues to 

provide remote customer service via 

email, phone, and webform. For the 

latest status information on EPA/DC 

services and docket access, visit https:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460–0001; main 

telephone number: (703) 305–7090; 

email address: RDFRNotices@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. The following 

list of North American Industrial 

Classification System (NAICS) codes is 

not intended to be exhaustive, but rather 

provides a guide to help readers 

determine whether this document 

applies to them. Potentially affected 

entities may include: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

B. How can I get electronic access to 

other related information? 

You may access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Publishing Office’s eCFR site at http://www.ecfr.gov/cgi-bin/ 


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