4076 Federal Register / Vol. 76, No. 15 / Monday, January 24, 2011 / Rules and Regulations 

(xi) Instead of using Form VA, an 

applicant may submit an electronic 

application for group registration of 

published photographs after 

consultation and with the permission 

and under the direction of the Visual 

Arts Division. 

* * * * * 

■ 3. Amend § 202.20 as follows: 

■ a. By amending (c)(2)(vii)(D)(5) to add 

‘‘or in the case of electronically 

submitted applications for automated 

databases that predominantly consist of 

photographs, the claimant shall deposit 

identifying portions that comply with 

(D)(8) of this section; the claimant shall’’ 

after ‘‘if unpublished,’’ and deleting ‘‘and 

shall’’ before ‘‘also deposit’’; 

■ b. By adding new paragraph 

(c)(2)(vii)(D)(8); 

■ c. By amending the introductory text 

in paragraph (c)(2)(xx) to add ‘‘and for 

automated databases that consist 

predominantly of photographs 

registered with an application submitted 

electronically under § 202.3(b)(5)(ii)(A)’’ 

after ‘‘(group registration of published 

photographs)’’, by removing 

‘‘202.3(b)(3)(i)(B)’’ and adding 

‘‘202.3(b)(4)(i)(B)’’ in its place; and by 

removing ‘‘202.3(b)(9)’’ and adding 

‘‘202.3(b)(10)’’ in its place; and 

■ d. By amending paragraph 

(c)(2)(xx)(F) to add ‘‘or database’’ after 

‘‘included in the group’’ and to remove 

‘‘202.3(b)(9)’’ and add ‘‘202.3(b)(10)’’ in 

its place. 

The revisions and additions to 

§ 202.20 read as follows: 

§ 202.20 Deposit of copies and 

phonorecords for copyright registration. 

* * * * * 

(c) * * * 

(2) * * * 

(vii) * * * 

(D) * * * 

(8) In the case of an application 

submitted electronically for registration 

of a database that consists 

predominantly of photographs 

(including a group registration for 

revised or updated versions of such a 

database), ‘‘identifying portions’’ shall 

instead consist of all individual 

photographs included in the claim 

either in one of the formats set forth in 

paragraph (c)(2)(xx) of this section or in 

an electronic format submitted along 

with the electronic application after 

consultation and with the permission 

and under the direction of the Visual 

Arts Division. 

* * * * * 

Dated: December 30, 2010. 

Marybeth Peters, 

Register of Copyrights. 

Approved by: 

James H. Billington, 

The Librarian of Congress. 

[FR Doc. 2011–1332 Filed 1–21–11; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 52 and 70 

[EPA–R07–OAR–2010–0176; FRL–9248–6] 

Approval and Promulgation of 

Implementation Plan and Operating 

Permits Program; State of Missouri 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking direct final 

action to approve a revision to 

Missouri’s State Implementation Plan 

(SIP) and Operating Permits Program. 

EPA is approving the rescission of 

initial compliance dates in the Missouri 

SIP. These requirements were 

established more than thirty years ago 

and are obsolete. EPA is also approving 

revisions to the Operating Permits 

Program to change the reporting 

threshold for small sources and remove 

references to the requirement to 

annually set the emission fee. Approval 

of these revisions will ensure 

consistency between the State and the 

Federally-approved rules. 

DATES: This direct final rule will be 

effective March 25, 2011, without 

further notice, unless EPA receives 

adverse comment by February 23, 2011. 

If adverse comment is received, EPA 

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–R07– 

OAR–2010–0176, by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

2. E-mail: 

wolfersberger.chris@epa.gov. 

3. Mail or Hand Delivery: Chrissy 

Wolfersberger, Environmental 

Protection Agency, Air Planning and 

Development Branch, 901 North 5th 

Street, Kansas City, Kansas 66101. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2010– 

0176. 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.regulations.gov, 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 through http:// 

www.regulations.gov or e-mail 

information that you consider to be CBI 

or otherwise protected. The http:// 

www.regulations.gov Web site is 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 http:// 

www.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 comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, i.e., 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 either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the Environmental Protection Agency, 

Air Planning and Development Branch, 

901 North 5th Street, Kansas City, 

Kansas 66101. The Regional Office’s 

official hours of business are Monday 

through Friday, 8 to 4:30 excluding 

Federal holidays. The interested persons 

wanting to examine these documents 

should make an appointment with the 

office at least 24 hours in advance. 

FOR FURTHER INFORMATION CONTACT: 

Chrissy Wolfersberger at (913) 551– 

7864, or by e-mail at 

wolfersberger.chris@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

‘‘our’’ refer to EPA. This section provides 


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Federal Register / Vol. 76, No. 15 / Monday, January 24, 2011 / Rules and Regulations 4077 

additional information by addressing 

the following questions: 

What is being addressed in this document? 

What action is EPA taking? 

What is being addressed in this 

document? 

EPA is approving revisions to the 

Missouri SIP and Operating Permits 

Program. Revisions to the Missouri SIP 

rescind three rules related to the time 

schedule for initial compliance for 

sources existing at the time of 

promulgation of the original rules. The 

purpose of these rules was to establish 

compliance schedules for sources that 

were in operation more than 30 years 

ago. (For example, 10 CSR 10–5.250 

required existing sources to comply 

with emissions limitation no later than 

January 31, 1973, if they emitted sulfur 

dioxide from the use of fuel.) These 

rules are identified in the approved SIP 

as 10 CSR 10–2.150, 4.140, and 5.250, 

applicable to the Kansas City, 

Springfield, and St. Louis areas. These 

rules are obsolete and no longer needed, 

as compliance dates are contained in 

other State rules, or, if there is no date 

specified, is the effective date of the 

rule. Removing them does not adversely 

affect the stringency of the SIP. EPA is 

approving Missouri’s request to remove 

the corresponding Federally-approved 

rules from the Missouri SIP. 

EPA is also approving revisions to the 

Operating Permits Program (10 CSR 10– 

6.110). One revision changes the 

reporting threshold for small sources, so 

that small sources are allowed to fill out 

a short emissions form instead of a long 

form if they increase or decrease 

emissions under a certain threshold. 

The threshold would change from an 

increase of 20 percent of emissions from 

the prior year to 5 tons from the prior 

year. Sources with small baseline 

emissions might have substantial 

percentage increases, but very small 

tonnage increases. This revision allows 

small sources to continue to report 

emissions using a shorter form. The 

second revision removes references to 

the requirement to annually set the 

emission fee, because the Missouri 

statute does not require an annual fee 

adjustment unless determined necessary 

by the Air Conservation Commission. 

What action is EPA taking? 

EPA is approving the request to 

amend the Missouri SIP by removing 

three rules related to the time schedule 

for compliance and approving the 

request to amend the operating permits 

program by changing the reporting 

threshold for small sources and 

removing references to the requirement 

to annually set the emission fee. 

Approval of these revisions will 

ensure consistency between State and 

Federally-approved rules. EPA has 

determined that these changes will not 

relax the SIP or adversely impact air 

emissions. 

We are processing this action as a 

direct final action because the revisions 

make routine changes to the existing 

rules which are noncontroversial and 

make regulatory revisions, required by 

State statute. Therefore, we do not 

anticipate any adverse comments. 

Please note that if EPA receives adverse 

comment on part of this rule and if that 

part can be severed from the remainder 

of the rule, EPA may adopt as final 

those parts of the rule that are not the 

subject of an adverse comment. 

Statutory and Executive Order Reviews 

Under the CAA, 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 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 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 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, 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 CAA, 

petitions for judicial review of this 

action must be filed in the United States 

Court of Appeals for the appropriate 

circuit by March 25, 2011. 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).) 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
4078 Federal Register / Vol. 76, No. 15 / Monday, January 24, 2011 / Rules and Regulations 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

40 CFR Part 70 

Administrative practice and 

procedure, Air pollution control, 

Intergovernmental relations, Operating 

permits, Reporting and recordkeeping 

requirements. 

Dated: December 27, 2010. 

Karl Brooks, 

Regional Administrator, Region 7. 

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 AA—Missouri 

■ 2. In § 52.1320(c) the table is amended 

by revising the entries under Chapter 2 

for ‘‘10–2.150,’’ under Chapter 4 for 

‘‘10–4.140,’’ and under Chapter 5 for 

‘‘10–5.250’’. The amended table reads as 

follows: 

§ 52.1320 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED MISSOURI REGULATIONS

Missouri 

citation Title State effective date EPA approval date Explanation 

Missouri Department of Natural Resources 

*******

Chapter 2—Air Quality Standards and Air Pollution Control Regulations for the Kansas City Metropolitan Area 

*******

10–2.150 ...... Time Schedule for Compliance ..... 12/30/2008 1/24/11 [insert FR page number 

where the document begins].

The State has rescinded this rule. 

*******

Chapter 4—Air Quality Standards and Air Pollution Control Regulations for Springfield-Greene County Area 

*******

10–4.140 ...... Time Schedule for Compliance ..... 12/30/2008 1/24/11 [insert FR page number 

where the document begins].

The State has rescinded this rule. 

*******

Chapter 5—Air Quality Standards and Air Pollution Control Regulations for the St. Louis Metropolitan Area 

10–5.250 ...... Time Schedule for Compliance ..... 12/30/2008 1/24/11 [insert FR page number 

where the document begins].

The State has rescinded this rule. 

*******

* * * * * 

PART 70—[AMENDED] 

■ 3. The authority citation for part 70 

continues to read as follows: 

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

Appendix A—[Amended] 

■ 4. Appendix A to part 70 is amended 

by adding paragraph (y) under Missouri 

to read as follows: 

Appendix A to Part 70—Approval 

Status of State and Local Operating 

Permits Programs 

* * * * * 

Missouri 

* * * * * 

(y) The Missouri Department of Natural 

Resources submitted revisions to Missouri 

rule 10 CSR 10–6.110, ‘‘Submission of 

Emission Data, Emission Fees, and Process 

Information’’ on December 30, 2008; approval 

of section (3)(D) effective March 25, 2011. 

* * * * * 

[FR Doc. 2011–229 Filed 1–21–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 10–2443; MM Docket No. 99–238; RM– 

9669] 

Television Broadcasting Services; 

North Pole and Plattsburgh, NY 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by HearstVerDate Mar<15>2010 14:38 Jan 21, 2011 Jkt 223001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\24JAR1.SGM 24JAR1

wwoods2 on DSK1DXX6B1PROD with RULES_PART 1