Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations 52427 

(A) .zip—generated using utilities 

such as WinZip and/or UNIX zip 

command; 

(B) .Z—generated using UNIX 

compress command; or 

(C) .gz—generated using UNIX gzip 

command. 

(iii) Zipped files shall be named in the 

same fashion as described in paragraph 

(e)(5) of this section, except that such 

zipped files shall use the applicable file 

extension compression name described 

in this paragraph (e)(6). 

(7) Files with headers. (i) If a service 

elects to submit files with headers, the 

following elements, in order, must 

occupy the first 14 rows of a report of 

use: 

(A) Name of service; 

(B) Name of contact person; 

(C) Street address of the service; 

(D) City, state and zip code of the 

service; 

(E) Telephone number of the contact 

person; 

(F) E-mail address of the contact 

person; 

(G) Start of the reporting period 

(YYYYMMDD); 

(H) End of the reporting period 

(YYYYMMDD); 

(I) Report generation date 

(YYYYMMDD); 

(J) Number of rows in data file, 

beginning with 15th row; 

(K) Text indicator character; 

(L) Field delimiter character; 

(M) Blank line; and 

(N) Report headers (Featured Artist, 

Sound Recording Title, etc.). 

(ii) Each of the rows described in 

paragraphs (e)(7)(i)(A) through (F) of 

this section must not exceed 255 

alphanumeric characters. Each of the 

rows described in paragraphs (e)(7)(i)(G) 

through (I) of this section should not 

exceed eight alphanumeric characters. 

(iii) Data text fields, as required by 

paragraph (d) of this section, begin on 

row 15 of a report of use with headers. 

A carriage return must be at the end of 

each row thereafter. Abbreviations 

within data fields are not permitted. 

(iv) The text indicator character must 

be unique and must never be found in 

the report’s data content. 

(v) The field delimiter character must 

be unique and must never be found in 

the report’s data content. Delimiters 

must be used even when certain 

elements are not being reported; in such 

case, the service must denote the blank 

data field with a delimiter in the order 

in which it would have appeared. 

(8) Files without headers. If a service 

elects to submit files without headers, 

the following format requirements must 

be met: 

(i) ASCII delimited format, using pipe 

(|) characters as delimiters, with no 

headers or footers; 

(ii) Carats (∧) should surround strings; 

(iii) No carats (∧) should surround 

dates and numbers; 

(iv) A carriage return must be at the 

end of each line; 

(v) All data for one record must be on 

a single line; and 

(vi) Abbreviations within data fields 

are not permitted. 

§ 370.5 Designated collection and 

distribution organizations for reports of use 

of sound recordings under statutory 

license. 

(a) General. This section prescribes 

rules under which reports of use shall 

be collected and distributed under 

section 114(f) of title 17 of the United 

States Code, and under which reports of 

such use shall be kept and made 

available. 

(b) Notice of Designation as Collective 

under Statutory License. A Collective 

shall file with the Licensing Division of 

the Copyright Office and post and make 

available online a ‘‘Notice of 

Designation as Collective under 

Statutory License,’’ which shall be 

identified as such by prominent caption 

or heading, and shall contain the 

following information: 

(1) The Collective name, address, 

telephone number and facsimile 

number; 

(2) A statement that the Collective has 

been designated for collection and 

distribution of performance royalties 

under statutory license for digital 

transmission of sound recordings; and 

(3) Information on how to gain access 

to the online Web site or home page of 

the Collective, where information may 

be posted under this part concerning the 

use of sound recordings under statutory 

license. The address of the Licensing 

Division is: Library of Congress, 

Copyright Office, Licensing Division, 

101 Independence Avenue, SE., 

Washington, DC 20557–6400. 

(c) Annual Report. The Collective will 

post and make available online, for the 

duration of one year, an Annual Report 

on how the Collective operates, how 

royalties are collected and distributed, 

and what the Collective spent that fiscal 

year on administrative expenses. 

(d) Inspection of Reports of Use by 

copyright owners. The Collective shall 

make copies of the Reports of Use for 

the preceding three years available for 

inspection by any sound recording 

copyright owner, without charge, during 

normal office hours upon reasonable 

notice. The Collective shall predicate 

inspection of Reports of Use upon 

information relating to identity, location 

and status as a sound recording 

copyright owner, and the copyright 

owner’s written agreement not to utilize 

the information for purposes other than 

royalty collection and distribution, and 

determining compliance with statutory 

license requirements, without express 

consent of the Service providing the 

Report of Use. The Collective shall 

render its best efforts to locate copyright 

owners in order to make available 

reports of use, and such efforts shall 

include searches in Copyright Office 

public records and published directories 

of sound recording copyright owners. 

(e) Confidentiality. Copyright owners, 

their agents, and Collectives shall not 

disseminate information in the Reports 

of Use to any persons not entitled to it, 

nor utilize the information for purposes 

other than royalty collection and 

distribution, and determining 

compliance with statutory license 

requirements, without express consent 

of the Service providing the Report of 

Use. 

(f) Termination and dissolution. If a 

Collective terminates its collection and 

distribution operations prior to the close 

of its term of designation, the Collective 

shall notify the Licensing Division of 

the Copyright Office, the Copyright 

Royalty Board and all Services 

transmitting sound recordings under 

statutory license, by certified or 

registered mail. The dissolving 

Collective shall provide each such 

Service with information identifying the 

copyright owners it has served. 

Dated: October 7, 2009. 

James Scott Sledge, 

Chief U.S. Copyright Royalty Judge. 

[FR Doc. E9–24556 Filed 10–9–09; 8:45 am] 

BILLING CODE 1410–72–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2009–0620; FRL–8956–9] 

Revisions to the California State 

Implementation Plan, San Diego Air 

Pollution Control District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve revisions to the San 

Diego Air Pollution Control District 

portion of the California State 

Implementation Plan (SIP). These 

revisions concern volatile organic 

compound (VOC) emissions from cold 


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52428 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations 

solvent cleaning and vapor degreasing 

operations. We are approving two local 

rules that regulate these emission 

sources under the Clean Air Act as 

amended in 1990 (CAA or the Act). 

DATES: This rule is effective on 

December 14, 2009 without further 

notice, unless EPA receives adverse 

comments by November 12, 2009. If we 

receive such comments, we will publish 

a timely withdrawal in the Federal 

Register to notify the public that this 

direct final rule will not take effect. 

ADDRESSES: Submit comments, 

identified by docket number EPA–R09– 

OAR–2009–0620, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: steckel.andrew@epa.gov. 

3. Mail or deliver: Andrew Steckel 

(Air-4), U.S. Environmental Protection 

Agency Region IX, 75 Hawthorne Street, 

San Francisco, CA 94105–3901. 

Instructions: All comments will be 

included in the public docket without 

change and may be made available 

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

including any personal information 

provided, unless the comment includes 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Information that 

you consider CBI or otherwise protected 

should be clearly identified as such and 

should not be submitted through 

http://www.regulations.gov or e-mail. 

http://www.regulations.gov is an 

‘‘anonymous access’’ system, and EPA 

will not know your identity or contact 

information unless you provide it in the 

body of your comment. If you send email directly to EPA, your e-mail 

address will be automatically captured 

and included as part of the public 

comment. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: The index to the docket for 

this action is available electronically at 

http://www.regulations.gov and in hard 

copy at EPA Region IX, 75 Hawthorne 

Street, San Francisco, California. While 

all documents in the docket are listed in 

the index, some information may be 

publicly available only at the hard copy 

location (e.g., copyrighted material), and 

some may not be publicly available in 

either location (e.g., 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: 

Nicole Law, EPA Region IX, (415) 947– 

4125, law.nicole@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. The State’s Submittal 

A. What rules did the State submit? 

B. Are there other versions of these rules? 

C. What is the purpose of the submitted 

rules? 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

B. Do the rules meet the evaluation 

criteria? 

C. EPA recommendations to further 

improve the rules 

D. Public comment and final action 

III. Statutory and Executive Order Reviews 

I. The State’s Submittal 

A. What rules did the State submit? 

Table 1 lists the rules we are 

approving with the dates that they were 

adopted by the local air agency and 

submitted by the California Air 

Resources Board. 

TABLE 1—SUBMITTED RULES

Local agency Rule No. Rule title Adopted Submitted 

SDAPCD ............................. 67.6.1 ................................. Cold Solvent Cleaning and Stripping Operations .......... 05/23/07 03/07/08 

SDAPCD ............................. 67.6.2 ................................. Vapor Degreasing Operations ........................................ 05/23/07 03/07/08 

On April 17, 2008, EPA determined 

that the submittal for SDAPCD Rules 

67.6, 67.6.1, and 67.6.2 met the 

completeness criteria in 40 CFR Part 51 

Appendix V, which must be met before 

formal EPA review. 

B. Are there other versions of these 

rules? 

SDAPCD Rule 67.6 was approved into 

the SIP on December 13, 1994 (59 FR 

64132). It was locally rescinded by 

SDAPCD on May 23, 2008 and replaced 

by Rules 67.6.1 and 67.6.2. There are no 

previous versions of Rules 67.6.1 and 

67.6.2. The SDAPCD adopted these 

rules on May 23, 2007, and CARB 

submitted them to us on March 7, 2008. 

C. What is the purpose of the submitted 

rules? 

VOCs help produce ground-level 

ozone and smog, which harm human 

health and the environment. Section 

110(a) of the CAA requires States to 

submit regulations that control VOC 

emissions. The revised rules limit VOC 

emissions from cold solvent cleaning 

and vapor degreasing operations. EPA’s 

technical support documents (TSD) 

have more information about these 

rules. 

II. EPA’s Evaluation and Action 

A. How is EPA evaluating the rules? 

Generally, SIP rules must be 

enforceable (see section 110(a) of the 

Act), must require Reasonably Available 

Control Technology (RACT) for each 

category of sources covered by a Control 

Techniques Guidelines (CTG) document 

as well as each major source in 

nonattainment areas (see sections 

182(a)(2) and (b)(2)), and must not relax 

existing requirements (see sections 

110(l) and 193). The SDAPCD regulates 

an ozone nonattainment area (see 40 

CFR part 81), so Rules 67.6.1 and 67.6.2 

must fulfill RACT. 

Guidance and policy documents that 

we use to evaluate enforceability and 

RACT requirements consistently 

include the following: 

1. ‘‘Issues Relating to VOC Regulation 

Cutpoints, Deficiencies, and 

Deviations,’’ EPA, May 25, 1988 (the 

Bluebook). 

2. ‘‘Guidance Document for Correcting 

Common VOC & Other Rule 

Deficiencies,’’ EPA Region 9, August 21, 

2001 (the Little Bluebook). 

3. ‘‘Control Techniques Guidelines: 

Industrial Cleaning Solvents’’ EPA 453/ 

R06–001, September 2006. 

4. ‘‘Determination of Reasonable 

Available Control Technology and Best 

Available Retrofit Control Technology 

for Organic Solvent Cleaning and 

Degreasing Operations,’’ CARB, July 18, 

1991. 

B. Do the rules meet the evaluation 

criteria? 

We believe these rules are consistent 

with the relevant policy and guidance 

regarding enforceability, RACT, and SIP 

relaxations. The TSDs have more 

information on our evaluation. 


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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Rules and Regulations 52429 

C. EPA recommendations to further 

improve the rules 

The TSDs describe additional rule 

revisions that we recommend for the 

next time the local agency modifies the 

rules. 

D. Public comment and final action 

As authorized in section 110(k)(3) of 

the Act, EPA is fully approving the 

submitted rules because we believe they 

fulfill all relevant requirements. We do 

not think anyone will object to this 

approval, so we are finalizing it without 

proposing it in advance. However, in 

the Proposed Rules section of this 

Federal Register, we are simultaneously 

proposing approval of the same 

submitted rules. If we receive adverse 

comments by November 12, 2009, we 

will publish a timely withdrawal in the 

Federal Register to notify the public 

that the direct final approval will not 

take effect and we will address the 

comments in a subsequent final action 

based on the proposal. If we do not 

receive timely adverse comments, the 

direct final approval will be effective 

without further notice on December 14, 

2009. This will incorporate these rules 

into the federally enforceable SIP. 

Please note that if EPA receives 

adverse comment on an amendment, 

paragraph, or section of this rule and if 

that provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. 

III. 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, 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 Order 12866 (58 FR 51735, 

October 4, 1993); 

• 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 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 does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the State, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

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 December 14, 

2009. 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. 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 today’s Federal Register, 

rather than file an immediate petition 

for judicial review of this direct final 

rule, so that EPA can withdraw this 

direct final rule and address the 

comment in the proposed rulemaking. 

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, 

Ozone, Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: August 21, 2009. 

Laura Yoshii, 

Acting Regional Administrator, Region IX. 

■ Part 52, Chapter I, Title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1.The authority citation for Part 52 

continues to read as follows: 

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

Subpart F—California 

■ 2. Section 52.220, is amended by 

adding paragraph (c) (354)(i)(F) to read 

as follows: 

52.220 Identification of plan. 

* * * * * 

(c) * * * 

(354) * * * 

(i) * * * 

(F) San Diego Air Pollution Control 

District. 

(1) Rule 67.6.1, ‘‘Cold Solvent 

Cleaning and Stripping Operations,’’ 

adopted May 23, 2007. 

(2) Rule 67.6.2, ‘‘Vapor Degreasing 

Operations,’’ adopted May 23, 2007. 

* * * * * 

[FR Doc. E9–24456 Filed 10–9–09; 8:45 am] 

BILLING CODE 6560–50–P 


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