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66182 Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Rules and Regulations 

digital transmission of a sound 

recording which results in a specifically 

identifiable reproduction by or for any 

transmission recipient of a phonorecord 

of that sound recording, regardless of 

whether the digital transmission is also 

a public performance of the sound 

recording or any nondramatic musical 

work embodied therein. The 

reproduction of the phonorecord must 

be sufficiently permanent or stable to 

permit it to be perceived, reproduced, or 

otherwise communicated for a period of 

more than transitory duration. Such a 

phonorecord may be permanent or it 

may be made available to the 

transmission recipient for a limited 

period of time or for a specified number 

of performances. A digital phonorecord 

delivery includes all phonorecords that 

are made for the purpose of making the 

digital phonorecord delivery. 

* * * * * 

Dated: October 22, 2008. 

Marybeth Peters, 

Register of Copyrights. 

Approved by: 

James H. Billington, 

The Librarian of Congress. 

[FR Doc. E8–26666 Filed 11–6–08; 8:45 am] 

BILLING CODE 1410–30–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2008–0728; FRL–8729–1] 

Approval and Promulgation of 

Implementation Plans; Revisions to the 

Nevada State Implementation Plan; 

Clark County 

AGENCY: Environmental Protection 


Agency (EPA). 


ACTION: Direct final rule. 


should be clearly identified as such and 

should not be submitted through 

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

The http://www.regulations.gov portal 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 e-mail 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. 

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: 

Ginger Vagenas, EPA Region IX, (415) 

972–3964, vagenas.ginger@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to EPA. 

Table of Contents 

I. Transportation Conformity 

II. Background for This Action 

III. State Submittal and EPA Evaluation 

IV. Public Comment and Final Action 

V. Statutory and Executive Order Reviews 

I. Transportation Conformity 

Transportation conformity is required 

under section 176(c) of the Clean Air 

Act (CAA or Act) to ensure that 

federally supported highway, transit 

projects, and other activities are 

consistent with (‘‘conform to’’) the 

purpose of the SIP. Conformity applies 

to areas that are currently designated 

nonattainment, and to areas that have 

been redesignated to attainment after 

1990 (maintenance areas) with plans 

developed under section 175A of the 

Act, for the following transportation 

related criteria pollutants: Ozone, 

particulate matter (PM2.5 and PM10), 

carbon monoxide (CO), and nitrogen 

dioxide (NO2). 

Conformity to the purpose of the SIP 

means that transportation activities will 

not cause new air quality violations, 

worsen existing violations, or delay 

timely attainment of the relevant 

national ambient air quality standards 

PART 255—ADJUSTMENT OF 

ROYALTY PAYMENTS UNDER 

COMPULSORY LICENSE FOR MAKING 

AND DISTRIBUTING PHONORECORDS 

■ 4. The authority citation for part 255 

continues to read as follows: 

Authority: 17 U.S.C. 702. 

■ 5. Section 255.4 is revised to read as 

follows: 

§ 255.4 Definition of digital phonorecord 

delivery. 

A ‘‘digital phonorecord delivery’’ is 

each individual delivery of a 

phonorecord by digital transmission of 

a sound recording which results in a 

specifically identifiable reproduction by 

or for any transmission recipient of a 

phonorecord of that sound recording, 

regardless of whether the digital 

transmission is also a public 

performance of the sound recording or 

any nondramatic musical work 

embodied therein. The reproduction of 

the phonorecord must be sufficiently 

permanent or stable to permit it to be 

perceived, reproduced, or otherwise 

communicated for a period of more than 

transitory duration. Such a phonorecord 

may be permanent or it may be made 

available to the transmission recipient 

for a limited period of time or for a 

specified number of performances. A 

digital phonorecord delivery includes 

all phonorecords that are made for the 

purpose of making the digital 

phonorecord delivery. 

SUMMARY: Under the Clean Air Act, EPA 

is taking direct final action to approve 

a revision to the Clark County portion 

of the Nevada State Implementation 

Plan (SIP). This revision consists of 

transportation conformity criteria and 

procedures related to interagency 

consultation and enforceability of 

certain transportation-related control 

measures and mitigation measures. The 

intended effect is to include the 

transportation conformity criteria and 

procedures in the applicable SIP. 

DATES: This rule is effective on January 

6, 2009, without further notice, unless 

EPA receives adverse comments by 

December 8, 2008. 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–2008–0728, by one of the 

following methods: 

1. Federal eRulemaking Portal: 

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

on-line instructions. 

2. E-mail: vagenas.ginger@epa.gov. 

3. Mail or deliver: Ginger Vagenas 

(AIR–2), 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 

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Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Rules and Regulations 66183 

(NAAQS). The transportation 

conformity regulation is found in 40 

CFR part 93 and provisions related to 

conformity SIPs are found in 40 CFR 

51.390. 

II. Background for This Action 

EPA promulgated the Federal 

transportation conformity criteria and 

procedures (the conformity rule) on 

November 24, 1993. See 58 FR 62188. 

Among other things, the rule required 

states to address all provisions of the 

conformity rule in their SIPs 

(‘‘conformity SIPs’’). Under 40 CFR 

51.390, most sections of the conformity 

rule were required to be copied 

verbatim. States were also required to 

tailor all or portions of the following 

three sections of the conformity rule to 

meet their state’s individual 

circumstances: 40 CFR 93.105, which 

addresses consultation procedures; 40 

CFR 93.122(a)(4)(ii), which addresses 

written commitments to control 

measures that are not included in a 

metropolitan planning organization’s 

(MPO’s) transportation plan and 

transportation improvement program 

that must be obtained prior to a 

conformity determination, and the 

requirement that such commitments, 

when they exist, must be fulfilled; and 

40 CFR 93.125(c), which addresses 

written commitments to mitigation 

measures that must be obtained prior to 

a project-level conformity 

determination, and the requirement that 

project sponsors must comply with such 

commitments, when they exist. 

On August 10, 2005, the ‘‘Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users’’ (SAFETEA–LU) was signed into 

law. SAFETEA–LU revised section 

176(c) of the Clean Air Act’s 

transportation conformity provisions. 

One of the changes streamlines the 

requirements for conformity SIPs. Under 

SAFETEA–LU, states are required to 

address and tailor only three sections of 

the conformity rule in their conformity 

SIPs: 40 CFR 93.105, 40 CFR 

93.122(a)(4)(ii), and, 40 CFR 93.125(c), 

described above. In general, states are 

no longer required to submit conformity 

SIP revisions that address the other 

sections of the conformity rule. These 

changes took effect on August 10, 2005, 

when SAFETEA–LU was signed into 

law. 

III. State Submittal and EPA Evaluation 

EPA has designated portions of Clark 

County, Nevada, as nonattainment for 

the carbon monoxide, 8-hour ozone, and 

respirable particulate matter (PM10) 

national ambient air quality standards 

(NAAQS). See 40 CFR 81.329. Thus, a 

‘‘conformity SIP’’ for the portions of 

Clark County so designated must be 

prepared, adopted, and submitted to 

EPA to comply with the CAA, as 

amended by SAFETEA–LU. 

In response to these requirements, on 

April 1, 2008, the Nevada Division of 

Environmental Protection (NDEP) 

submitted the Clark County 

Transportation Conformity Plan (TCP) 

to EPA for approval as a revision to the 

Clark County portion of the Nevada SIP. 

The Clark County Board of County 

Commissioners adopted the Clark 

County TCP on January 15, 2008. 

Appendix A of the Clark County TCP 

documents public notice and hearing for 

this SIP revision in compliance with 

CAA section 110(l) and 40 CFR 51.102. 

On July 3, 2008, this submittal was 

found to meet the completeness criteria 

in 40 CFR Part 51 Appendix V, which 

must be met before formal EPA review. 

There is no previous version of the 

Clark County TCP in the SIP. 

Upon EPA approval, the Federal 

transportation conformity regulations 

will apply, except for those sections 

addressed by the current submittal, i.e., 

the requirements under 40 CFR 

93.122(a)(4)(ii) and 93.125(c) for 

enforceability of control measures and 

mitigation measures, and under 40 CFR 

93.105 for interagency consultation. 

We have reviewed the Clark County 

TCP to assure consistency with the 

Clean Air Act as amended by 

SAFETEA–LU and EPA regulations (40 

CFR part 93 and 40 CFR 51.390) 

governing state procedures for 

transportation conformity and 

interagency consultation and have 

concluded that the plan is approvable. 

Details of our review are set forth in a 

technical support document (TSD), 

which has been included in the docket 

for this action. Specifically, in our TSD, 

we identify how the submitted 

procedures satisfy our requirements 

under 40 CFR 93.105 for interagency 

consultation with respect to the 

development of transportation plans 

and programs, SIPs, and conformity 

determinations, the resolution of 

conflicts, and the provision of adequate 

public consultation, and our 

requirements under 40 CFR 

93.122(a)(4)(ii) and 93.125(c) for 

enforceability of control measures and 

mitigation measures. EPA approval of 

this SIP revision is consistent with 

Federal law and regulations, and will 

obviate the need for SIP revisions that 

would have otherwise been triggered by 

changes to the underlying Federal 

regulations. 

IV. Public Comment and Final Action 

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

the Act, and for the reasons set forth 

above, EPA is fully approving the Clark 

County Transportation Conformity Plan, 

submitted on April 1, 2008, as a revision 

to the Clark County portion of the 

Nevada SIP. 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 plan. If 

we receive adverse comments by 

December 8, 2008, 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 January 6, 2009. This 

will incorporate the Clark County TCP 

into the federally enforceable SIP. 

V. 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); 

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66184 Federal Register / Vol. 73, No. 217 / Friday, November 7, 2008 / Rules and Regulations 

• 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 January 6, 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. 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, 

Incorporation by reference, 

Intergovernmental relations, Nitrogen 

dioxide, Ozone, Particulate matter, 

Reporting and recordkeeping 

requirements, Volatile organic 

compounds. 

Dated: September 24, 2008. 

Wayne Nastri, 

Regional Administrator, Region IX. 

■ 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 DD—Nevada 

■ 2. Section 52.1470 is amended by 

adding paragraph (c)(72) to read as 

follows: 

§ 52.1470 Identification of plan. 

* * * * * 

(c) * * * 

(72) The following plan revision was 

submitted on April 1, 2008, by the 

Governor’s designee. 

(i) Incorporation by reference. 

(A) Clark County Department of Air 

Quality and Environmental 

Management. 

(1) Clark County Transportation 

Conformity Plan (January 2008), 

adopted by the Clark County Board of 

County Commissioners on January 15, 

2008. 

[FR Doc. E8–26513 Filed 11–6–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 59 

[EPA–HQ–OAR–2006–0971; FRL–8738–7] 

RIN 2060–AP33 

National Volatile Organic Compound 

Emission Standards for Aerosol 

Coatings 

AGENCY: Environmental Protection 


Agency (EPA). 


ACTION: Direct final rule. 


SUMMARY: EPA is taking direct final 

action on the National Volatile Organic 

Compound Emission Standards for 

Aerosol Coatings, which establishes 

national reactivity-based emission 

standards for the aerosol coatings 

category (aerosol spray paints) under the 

Clean Air Act (CAA). In this direct final 

action, EPA is moving the applicability 

and compliance dates for aerosol 

coatings from January 1, 2009, to July 1, 

2009. EPA is also making initial 

notifications required due on the 

compliance date, as opposed to 90 days 

in advance of the compliance date. 

DATES: This rule is effective on 

December 29, 2008 without further 

notice, unless EPA receives adverse 

comment by December 8, 2008, or 

December 22, 2008 if a hearing is 

requested. If EPA receives adverse 

comment, we will publish a timely 

withdrawal in the Federal Register 

informing the public that the rule will 

not take effect. 

ADDRESSES: Submit your comments, 

identified under Docket ID No. EPA– 

HQ–OAR–2006–0971 by one of the 

following methods: 

• www.regulations.gov. Follow the 

online instructions for submitting 

comments. 

• E-mail: a-and-r-docket@epa.gov. 

• Fax: (202) 566–9744. 

• Mail: National Volatile Organic 

Compound Emission Standards for 

Aerosol Coatings, Environmental 

Protection Agency, Mail Code: 2822T, 

1200 Pennsylvania Avenue, NW., 

Washington, DC 20460. Please include 

two copies. 

• Hand Delivery: EPA Docket Center, 

1301 Constitution Avenue, NW., EPA 

Headquarters Library, Room 3334, EPA 

West Building, Washington, DC 20460. 

Such deliveries are only accepted 

during the docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OAR–2006– 

0971. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at 

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 information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or e-mail. The 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 www.regulations.gov, your e-