Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Rules and Regulations 29073 

days of its date, then the accrual period 

shall end on the date of the actual 

receipt by the Copyright Office. 

* * * * * 

■ 3. Amend § 201.17 by adding 

paragraph (i)(4) to read as follows: 

§ 201.17 Statements of account covering 

compulsory licenses for secondary 

transmissions by cable systems. 

* * * * * 

(i) * * * 

(4) Royalty fee payments submitted as 

a result of late or amended filings shall 

include interest. Interest shall begin to 

accrue beginning on the first day after 

the close of the period for filing 

statements of account for all late 

payments and underpayments of 

royalties for the cable statutory license 

occurring within that accounting period. 

The accrual period shall end on the date 

the electronic payment submitted by a 

cable operator is received. The accrual 

period shall end on the date the 

electronic payment submitted by a 

satellite carrier is received by the 

Copyright Office. In cases where a 

waiver of the electronic funds transfer 

requirement is approved by the 

Copyright Office, and royalties 

payments are either late or underpaid, 

the accrual period shall end on the date 

the payment is postmarked. If the 

payment is not received by the 

Copyright Office within five business 

days of its date, then the accrual period 

shall end on the date of the actual 

receipt by the Copyright Office. 

* * * * * 

■ 4. Revise § 201.28(l))(1) to read as 

follows: 

§ 201.28 Statements of account for digital 

audio recording devices or media. 

* * * * * 

(l) * * * 

(1) Royalty payments submitted as a 

result of late payments or 

underpayments shall include interest, 

which shall begin to accrue on the first 

day after the close of the period for 

filing Statements of Account for all late 

payments or underpayments of royalties 

for the digital audio recording obligation 

occurring within that accounting period. 

The accrual period shall end on the date 

the electronic payment submitted by the 

remitter is received. In cases where a 

waiver of the electronic funds transfer 

requirement is approved by the 

Copyright Office, and royalties 

payments are either late or underpaid, 

the accrual period shall end on the date 

the payment is postmarked. If the 

payment is not received by the 

Copyright Office within five business 

days of its date, then the accrual period 

shall end on the date of the actual 

receipt by the Copyright Office. 

* * * * * 

Dated: April 30, 2008. 

Marybeth Peters, 

Register of Copyrights. 

Approved by: 

James H. Billington, 

The Librarian of Congress. 

[FR Doc. E8–11274 Filed 5–19–08; 8:45 am] 

BILLING CODE 1410–30–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 81 

[EPA–R09–OAR–2008–0435; FRL–8568–3] 

Designation of Areas for Air Quality 

Planning Purposes; California; Ventura 

Ozone Nonattainment Area; 

Reclassification to Serious 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: Effective June 15, 2004, EPA 

classified the Ventura County ozone 

nonattainment area as ‘‘subpart 2/ 

moderate’’ for the 8-hour ozone 

standard with an attainment date of no 

later than June 15, 2010. On February 

14, 2008, the California Air Resources 

Board submitted a request for 

reclassification of the Ventura County 

ozone nonattainment area from 

‘‘moderate’’ to ‘‘serious.’’ Under section 

181(b)(3) of the Clean Air Act, EPA is 

granting California’s request for 

voluntary reclassification of the Ventura 

County ozone nonattainment area to 

‘‘serious’’ in today’s document. 

DATES: Effective Date: This rule is 

effective on June 19, 2008. 

ADDRESSES: EPA has established docket 

number EPA–R09–OAR–2008–0435 for 

this action. The index to the docket 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., confidential 

business information). 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: 

Dave Jesson, Air Planning Office (AIR–

2), U.S. Environmental Protection 

Agency, Region IX, (415) 972–3957, 

jesson.david@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document, the terms 

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

I. Reclassification of Ventura County to 

Serious Ozone Nonattainment 

Effective June 15, 2004, we classified 

the Ventura County ozone 

nonattainment area under the Clean Air 

Act (‘‘Act’’ or CAA) as ‘‘subpart 2/ 

moderate’’ for the 8-hour ozone national 

ambient air quality standard (NAAQS). 

See 69 FR 23858, at 23889 (April 30, 

2004); and 40 CFR 81.305. Our 

classification of Ventura County as a 

‘‘moderate’’ ozone nonattainment area 

establishes a requirement that the area 

attain the 8-hour ozone NAAQS as 

expeditiously as practicable, but no later 

than six years from designation, i.e., 

June 15, 2010. By letter dated February 

14, 2008, the Executive Officer for the 

California Air Resources Board (CARB) 

submitted a request to reclassify three 

California areas designated 

nonattainment for the 8-hour ozone 

standard. Ventura was one of the three 

areas, and for the Ventura County ozone 

nonattainment area, CARB has 

requested reclassification from 

‘‘moderate’’ to ‘‘serious.’’ We are acting 

on the request for Ventura in today’s 

document. In a separate document, we 

will propose a schedule for required 

plan submittals for Ventura County 

under the new classification. 

We will also act on the requests for 

the other two areas listed in CARB’s 

February 14, 2008 letter, as well as the 

reclassification requests previously 

received from CARB for the San Joaquin 

Valley, South Coast, and Coachella 

Valley ozone nonattainment areas, in a 

separate document. We are deferring 

action on the State’s reclassification 

requests for the five other areas to allow 

for notification to, and the opportunity 

for consultation with, the Indian tribes 

located within the five areas. No Indian 

tribes are located within Ventura 

County. In the separate document, we 

will also propose schedules for required 

plan submittals under the new 

classifications for these areas. 

We are reviewing this request as one 

made pursuant to section 181(b)(3) of 

the Act which provides for ‘‘voluntary 

reclassification’’ and states: ‘‘The 

Administrator shall grant the request of 

any State to reclassify a nonattainment 

area in that State in accordance with 

table 1 of subsection (a) of this section 

to a higher classification. The 

Administrator shall publish a notice in 

the Federal Register of any such request 

and of action by the Administrator 


jlentini on PROD1PC65 with RULES
29074 Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Rules and Regulations 

granting the request.’’ While section 181 

relates to the 1-hour ozone NAAQS, the 

same option exists with respect to the 8- 

hour ozone NAAQS. See 40 CFR 

51.903(b) (‘‘A State may request a higher 

classification for any reason in 

accordance with section 181(b)(3) of the 

CAA.’’). We find that the plain language 

of section 181(b)(3) mandates that we 

approve such a request, and, as such, 

EPA is granting CARB’s request for 

voluntary reclassification under section 

181(b)(3) for the Ventura County ozone 

nonattainment area from ‘‘moderate’’ to 

‘‘serious’’ in today’s document. As a 

result of this action, Ventura County 

must now attain the 8-hour ozone 

NAAQS as expeditiously as practicable, 

but not later than nine years from 

designation, i.e., June 15, 2013. 

EPA has determined that today’s 

action falls under the ‘‘good cause’’

exemption in section 553(b)(3)(B) of the 

Administrative Procedure Act (APA) 

which, upon finding ‘‘good cause,’’

authorizes agencies to dispense with 

public participation where public notice 

and comment procedures are 

‘‘impracticable, unnecessary or contrary 

to the public interest.’’ EPA has 

determined that public notice and 

comment for today’s action is 

unnecessary because our action to 

approve voluntary reclassification 

requests under CAA section 181(b)(3) is 

nondiscretionary both in its issuance 

and in its content. As such, notice and 

comment rulemaking procedures would 

serve no useful purpose. 

II. Administrative Requirements 

Under Executive Order 12866 (58 FR 

51735, October 4, 1993), this action is 

not a ‘‘significant regulatory action’’ and 

therefore is not subject to review by the 

Office of Management and Budget. EPA 

has determined that the voluntary 

reclassification would not result in any 

of the effects identified in Executive 

Order 12866 section 3(f). Voluntary 

reclassifications under section 181(b)(3) 

of the CAA are based solely upon 

request by the State and EPA is required 

under the CAA to grant them. These 

actions do not, in and of themselves, 

impose any new requirements on any 

sector of the economy. In addition, 

because the statutory requirements are 

clearly defined with respect to the 

differently classified areas, and because 

those requirements are automatically 

triggered by classification, 

reclassification cannot be said to impose 

a materially adverse impact on State, 

local or tribal governments or 

communities. For this reason, this 

action is also not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations That Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001). 

In addition, I certify that this rule will 

not have a significant economic impact 

on a substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.). This action 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), because EPA is required 

to grant requests by States for voluntary 

reclassifications and such 

reclassifications in and of themselves do 

not impose any federal 

intergovernmental mandate. This rule 

also does not have tribal implications 

because it will not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Because EPA is required to grant 

requests by States for voluntary 

reclassifications and such 

reclassifications in and of themselves do 

not impose any federal 

intergovernmental mandate, this action 

also does not have Federalism 

implications as it does not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132 (64 FR 43255, 

August 10, 1999). This does not alter the 

relationship or the distribution of power 

and responsibilities established in the 

Clean Air Act. 

This rule also is not subject to 

Executive Order 13045 ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997), because it is not 

economically significant. As discussed 

above, a voluntary reclassification under 

section 181(b)(3) of the CAA is based 

solely on the request of a State and EPA 

is required to grant such a request. In 

this context, it would thus be 

inconsistent with applicable law for 

EPA, when it grants a State’s request for 

a voluntary reclassification, to use 

voluntary consensus standards. Thus, 

the requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This rule does 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). 

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 rule 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 July 21, 2008. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule 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 81 

Environmental protection, Air 

pollution control, Intergovernmental 

relations, National parks, Ozone, 

Wilderness areas. 

Dated: May 13, 2008. 

Wayne Nastri, 

Regional Administrator, Region IX. 

■ Part 81, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 81—[AMENDED] 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—[Amended] 

■ 2. Section 81.305 is amended in the 

table for ‘‘California-Ozone (8-Hour 

Standard)’’ by revising the entry for 

‘‘Ventura County, CA’’ to read as 

follows: 

§ 81.305 California. 

* * * * * 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 98 / Tuesday, May 20, 2008 / Rules and Regulations 29075 

1Compliance with the conditions of a section 

10(a)(1)(B) permit entails compliance with the 

terms of the associated Habitat Conservation Plan 

and Implementing Agreement (if applicable). 

CALIFORNIA-OZONE (8-HOUR STANDARD) 

Designated area 

Designation a Classification 

Date 1 Type Date 1 Type 

* * * * * * * 

Ventura County, CA: 

Ventura County (part)—That part of Ventura County excluding the Channel Islands of Anacapa and San Nicolas Islands. ................................ Nonattainment ............. 6/19/08 ................... Subpart 2/Serious. 

Remainder of County ................................... ................................ Unclassifiable/Attainment.

* * * * * * * 

a Includes Indian Country located in each county or area, except as otherwise specified.* 

1This date is June 15, 2004, unless otherwise noted. 

* * * * * 

[FR Doc. E8–11294 Filed 5–19–08; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Parts 13 and 22 

[FWS–R9–MB–2008–0057; 91200–1231–

9BPP–L2] 

RIN 1018–AV11 

Authorizations Under the Bald and 

Golden Eagle Protection Act for Take 

of Eagles 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Final rule. 

SUMMARY: These final regulations 

provide two mechanisms to authorize 

take under the Bald and Golden Eagle 

Protection Act (Eagle Act) by certain 

persons who have been authorized 

under the Endangered Species Act 

(ESA) to take bald eagles (Haliaeetus 

leucocephalus) and golden eagles 

(Aquila chrysaetos). 

DATES: This rule goes into effect on June 

19, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Eliza Savage, Division of Migratory Bird 

Management, U.S. Fish and Wildlife 

Service, 4401 North Fairfax Drive, 

Mailstop 4107, Arlington, VA 22203–

1610; or 703–358–2329. 

SUPPLEMENTARY INFORMATION: 

Background 

The Bald and Golden Eagle Protection 

Act (16 U.S.C. 668–668d) (Eagle Act) 

prohibits the take of bald eagles and 

golden eagles unless pursuant to 

regulations (and in the case of bald 

eagles, take can be authorized only 

under a permit). While the bald eagle 

was listed under the ESA (16 U.S.C. 

1531 et seq.), we authorized incidental 

take of bald eagles through take 

statements under ESA section 7 and 

through section 10 incidental take 

permits (50 CFR 402, Subparts A and B; 

50 CFR 17.22(b) and 17.32(b)). Those 

authorizations were issued with 

assurances that the Service would 

exercise enforcement discretion in 

relation to violations of the Eagle Act 

(16 U.S.C. 668–668d) and the Migratory 

Bird Treaty Act (16 U.S.C. 703–712) 

(MBTA). Since the bald eagle has been 

removed from the ESA’s List of 

Endangered and Threatened Wildlife 

throughout most of its range (see 72 FR 

37345, July 9, 2007 and 73 FR 23966, 

May 1, 2008), the prohibitions of the 

ESA no longer apply except to the 

Sonoran Desert nesting bald eagle 

population. However, the potential for 

human activities to violate Federal law 

by taking bald eagles (and golden eagles) 

remains under the prohibitions of the 

Eagle Act and the MBTA. The Eagle Act 

defines the ‘‘take’’ of an eagle to include 

a broad range of actions: ‘‘pursue, shoot, 

shoot at, poison, wound, kill, capture, 

trap, collect, or molest or disturb.’’

‘‘Disturb’’ is defined in our regulations 

at 50 CFR 22.3 as ‘‘to agitate or bother 

a bald or golden eagle to a degree that 

causes, or is likely to cause, based on 

the best scientific information available, 

(1) injury to an eagle, (2) a decrease in 

its productivity, by substantially 

interfering with normal breeding, 

feeding, or sheltering behavior, or (3) 

nest abandonment, by substantially 

interfering with normal breeding, 

feeding, or sheltering behavior.’’ Many 

actions that were considered likely to 

incidentally ‘‘take’’ (harm or harass) 

eagles under the ESA may also ‘‘take’’

eagles under the Eagle Act, as those 

terms have been defined by statute and 

regulation. 

The ESA provides broad substantive 

and procedural protections for listed 

species but at the same time allows 

significant flexibility to permit activities 

that affect listed species. In particular, 

sections 7(b)(4) and 10(a)(1)(B) of the 

ESA provide that we may authorize the 

incidental take of listed wildlife in the 

course of otherwise lawful activities. 

Nationwide, since 2002, the Service 

issued an average of 52 incidental take 

statements per year that covered 

anticipated take of bald eagles under the 

ESA’s section 7 (50 CFR 402, Subpart 

B). During that same 5-year period, we 

issued nine incidental take permits that 

included bald eagles under the ESA’s 

section 10(a)(1)(B). A total of 126 such 

incidental take permits have been 

issued for bald eagles and 12 incidental 

take permits include golden eagles as 

covered, non-listed species (50 CFR 

17.22(b) and 17.32(b)). The statutory 

and regulatory criteria for issuing those 

ESA authorizations included 

minimization, mitigation, or other 

conservation measures that also 

satisfied the statutory mandate under 

that Eagle Act that authorized take must 

be compatible with the preservation of 

the bald or golden eagle. Our practice 

was to provide assurances in each 

section 7 incidental take statement and 

section 10 permit that we would not 

refer the incidental take of a bald eagle 

for prosecution under the Eagle Act, if 

the take was in compliance with the 

terms and conditions of a section 7(b)(4) 

incidental take statement or the 

conditions of a section 10(a)(1)(B) 

incidental take permit. 1 Now that the 


jlentini on PROD1PC65 with RULES