Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 13177 

with such instructions as are provided 

on the Board’s website. 

(9) A blanket opt-out filed by a library 

or archives in accordance with this 

section before April 8, 2022 will become 

effective on that date. 

(b) Review of eligibility. (1) The Board 

will maintain on its website a public list 

of libraries and archives that have 

preemptively opted out of Board 

proceedings pursuant to paragraph (a) of 

this section. If the Register determines 

pursuant to paragraph (a)(3) of this 

section that an entity does not qualify 

for the preemptive opt-out provision, 

the Office will communicate to the 

point of contact described in paragraph 

(a)(2) of this section that it does not 

intend to add the entity to the public 

list, or that it intends to remove the 

entity from that list, and will allow the 

entity to provide evidence supporting 

its qualification for the exemption 

within 30 days. If the entity fails to 

respond, or if, after reviewing the 

entity’s response, the Register 

determines that the entity does not 

qualify for the limitations on exclusive 

rights under section 108 of title 17, the 

entity will not be added to, or will be 

removed from, the public list. If the 

Register determines that the entity 

qualifies for the limitations on exclusive 

rights under 17 U.S.C. 108, the entity 

will be added to, or remain on, the 

libraries and archives preemptive optout list. This provision does not limit 

the Office’s ability to request additional 

information from the point of contact 

listed pursuant to paragraph (a)(2) of 

this section. Any determination by the 

Register regarding an entity’s qualifying 

status for the limitations on exclusive 

rights under 17 U.S.C. 108 is solely for 

the purpose of determining whether the 

entity qualifies for the preemptive opt 

out under 17 U.S.C. 1506(aa) and does 

not constitute a legal conclusion for any 

other purpose. 

(2) A claimant seeking to assert a 

claim under this section against a 

library or archives, or an employee 

thereof acting within the scope of their 

employment, that it believes is 

improperly included on the public list 

described in paragraph (b)(1) of this 

section may file the claim with the 

Board pursuant to 17 U.S.C. 1506(e) and 

applicable regulations. The claimant 

must include in its statement of material 

facts allegations sufficient to support 

that belief. If the Board concludes, as 

part of its review of the claim pursuant 

to 17 U.S.C. 1506(f), that the claimant 

has alleged facts sufficient to support 

the conclusion that the library or 

archives is ineligible for the preemptive 

opt-out, and the Register agrees, the 

library or archives will be given an 

opportunity to provide evidence 

supporting its qualification for the 

exemption pursuant to paragraph (a)(1) 

of this section. If the Register concludes 

that evidence submitted by the library 

or archives supports its qualification for 

the exemption, the library or archives 

will remain on the list and the 

associated allegations by the claimant 

will be stricken. After these allegations 

are stricken, if the claim includes other 

respondents and is otherwise complaint, 

the claimant will be instructed to 

proceed with service of the claim 

against the remaining respondents. 

Alternatively, if the Register concludes 

that the library or archives has not 

provided evidence to support its 

qualification for the exemption, the 

library or archives will be removed from 

the blanket opt-out list. The claim will 

then be reviewed for compliance and, if 

found to be compliant, the claimant will 

be instructed to proceed with service of 

the claim. 

(3) Any determination made under 

paragraph (b)(1) of this section shall 

constitute final agency action under 5 

U.S.C. 704. 

(c) Authority. Any person with the 

authority to take legally binding actions 

on behalf of a library or archives in 

connection with litigation may submit a 

notification under paragraph (a) of this 

section. 

(d) Multiple libraries and archives in 

a single submission. A notification 

under paragraph (a) of this section may 

include multiple libraries or archives in 

the same submission if each library or 

archives is listed separately in the 

submission and the submitter has the 

authority described under paragraph (c) 

of this section to submit the notification 

on behalf of all libraries and archives 

included in the submission. 

§ 223.3 Class action opt-out procedures. 

(a) Opt-out or dismissal procedures. 

Any party to an active proceeding before 

the Copyright Claims Board (‘‘Board’’) 

who receives notice of a pending or 

putative class action, arising out of the 

same transaction or occurrence as the 

proceeding before the Board, in which 

the party is a class member, shall either 

opt out of the class action or seek 

written dismissal of the proceeding 

before Board within 14 days of receiving 

notice of the pending class action. If a 

party seeks written dismissal of the 

proceeding before the Board, upon 

notice to all claimants and 

counterclaimants, the Board shall 

dismiss the proceeding without 

prejudice. 

(b) Filing requirement. A copy of the 

notice indicating a party’s intent to opt 

out of a class action proceeding must be 

filed with the Board within 14 days after 

the filing of the notice with the court. 

(c) Timing. The time periods provided 

in paragraphs (a) and (b) of this section 

may be extended by the Board for good 

cause shown. 

(d) Failure to notify Board. If a party 

fails to make a timely election under 

paragraph (a) of this section, the Board 

is authorized to take corrective action as 

it deems necessary, which may include 

dismissal of a pending claim before the 

Board with or without prejudice, 

notifying the class action court of any 

final determination by the Board, or 

vacating a final determination of the 

Board. The Board may, in its discretion, 

direct a party to show cause why action 

under paragraph (a) of this section was 

not taken. 

Dated: February 28, 2022. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2022–04747 Filed 3–8–22; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0446; FRL–9398–02– 

R4] 

Air Plan Approval; KY; Jefferson 

County Emissions Statements 

Requirements for the 2015 8-Hour 

Ozone Standard Nonattainment Area 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

a State Implementation Plan (SIP) 

revision to the Jefferson County portion 

of the Kentucky SIP submitted by the 

Commonwealth of Kentucky through 

the Kentucky Division for Air Quality 

(KDAQ) to EPA on August 12, 2020. The 

SIP revision was submitted by KDAQ on 

behalf of the Louisville Metro Air 

Pollution Control District (LMAPCD) to 

address the emissions statement 

requirements for the 2015 8-hour ozone 

national ambient air quality standards 

(NAAQS) for the Jefferson County 

portion of the Louisville, Kentucky 2015 

8-hour ozone nonattainment area 

(hereinafter referred to as ‘‘Jefferson 

County’’). Jefferson County is part of the 

Kentucky portion of the Louisville, 

Kentucky-Indiana 2015 8-hour ozone 


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13178 Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 

1The 2015 Ozone NAAQS was promulgated on 

October 1, 2015, published on October 26, 2015, 

and effective December 28, 2015. 

2The Louisville, KY-IN nonattainment area for 

the 2015 8-hour ozone standard consists of the 

following counties: Bullitt County, Jefferson County 

and Oldham County in Kentucky and Clark County 

and Floyd County in Indiana. 

3LMAPCD’s transmittal letter for the August 12, 

2020, SIP revision was dated August 11, 2020, and 

submitted to EPA on August 12, 2020. 

4On December 6, 2018, EPA finalized a rule titled 

‘‘Implementation of the 2015 National Ambient Air 

Quality Standards for Ozone: Nonattainment Area 

State Implementation Plan Requirements’’ (SIP 

Requirements Rule) that establishes the 

requirements that state, tribal, and local air quality 

management agencies must meet as they develop 

implementation plans for areas where air quality 

exceeds the 2015 8-hour ozone NAAQS. See 83 FR 

62998. 5See 62 FR 27968 (May 22, 1997). 

nonattainment area (hereinafter referred 

to as ‘‘the Louisville, KY Area’’) which 

is comprised of Bullitt, Jefferson, and 

Oldham Counties in Kentucky. EPA will 

consider the emissions statement 

requirements for the Bullitt and Oldham 

portions of the Louisville, KY Area in a 

separate action. This action is being 

taken pursuant to the Clean Air Act 

(CAA or Act). 

DATES: This rule is effective April 8, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2020–0446. All documents in the docket 

are listed on the www.regulations.gov 

website. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information 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 through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air and Radiation Division, 

U.S. Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW, Atlanta, 

Georgia 30303–8960. EPA requests that, 

if possible, you contact the person listed 

in the FOR FURTHER INFORMATION

CONTACT section to schedule your 

inspection. The Regional Office’s 

official hours of business are Monday 

through Friday 8:30 a.m. to 4:30 p.m., 

excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Tiereny Bell, Air Regulatory 

Management Section, Air Planning and 

Implementation Branch, Air and 

Radiation Division, Region 4, U.S. 

Environmental Protection Agency, 61 

Forsyth Street SW, Atlanta, Georgia 

30303–8960. The telephone number is 

(404) 562–9088. Ms. Bell can also be 

reached via electronic mail at 

bell.tiereny@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On October 1, 2015, EPA strengthened 

the 8-hour ozone NAAQS, lowering the 

level of the NAAQS from 0.075 parts per 

million (ppm) to 0.070ppm. See 80 FR 

65292 (October 26, 2015).1 On April 30, 

2018 (effective August 3, 2018), EPA 

designated a 5-county area in the 

Louisville metropolitan area, including 

Jefferson County, as a marginal ozone 

nonattainment area for the 2015 8-hour 

ozone NAAQS using 2014–2016 

ambient air quality data.2 See 83 FR 

25776 (June 4, 2018). 

Based on the nonattainment 

designation, Kentucky was required to 

develop a SIP revision satisfying, among 

other things, CAA section 182(a)(3)(B). 

On August 12, 2020,3 the 

Commonwealth of Kentucky, through 

KDAQ on behalf of the LMAPCD 

submitted a SIP revision addressing the 

emissions statement requirements 

related to the 2015 8-hour ozone 

NAAQS for Jefferson County. 

EPA is approving the SIP revision as 

meeting the emissions statement 

requirement of section 182(a)(3)(B) of 

the CAA, and meeting EPA’s SIP 

Requirements Rule.4 More information 

on EPA’s analysis of LMAPCD’s August 

12, 2020, SIP revision, and how this 

addresses the above-mentioned 

requirements, is provided in EPA’s 

notice of proposed rulemaking (NPRM) 

published on January 13, 2022. See 87 

FR 2101. EPA received no public 

comments on the January 13, 2022, 

NPRM. 

II. Incorporation by Reference 

In this document, EPA is finalizing 

regulatory text that includes 

incorporation by reference. In 

accordance with the requirements of 1 

CFR 51.5, EPA is finalizing the 

incorporation by reference of LMAPCD 

Regulation 1.06, Stationary Source SelfMonitoring, Emissions Inventory 

Development, and Reporting, Version 

10, with the exception of Section 5 and 

references to Section 5, effective on May 

20, 2020. EPA has made, and will 

continue to make, these materials 

generally available through 

www.regulations.gov and at the EPA 

Region 4 Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

Therefore, these materials have been 

approved by EPA for inclusion in the 

State implementation plan, have been 

incorporated by reference by EPA into 

that plan, are fully federally enforceable 

under sections 110 and 113 of the CAA 

as of the effective date of the final 

rulemaking of EPA’s approval, and will 

be incorporated by reference in the next 

update to the SIP compilation.5

III. Final Action 

EPA is approving the changes 

described in the NPRM, see 87 FR 2101 

(January 13, 2022), which Kentucky 

submitted in its August 12, 2020, SIP 

revision to address the emissions 

statements requirements for the 2015 8- 

hour Ozone NAAQS for the Jefferson 

County Area. EPA has determined that 

the Jefferson County Area emissions 

statements requirements SIP meets the 

requirements for the 2015 ozone 

NAAQS for the Jefferson County Area. 

IV. 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. 

See 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 they meet the criteria of the 

CAA. 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 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); 


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Federal Register / Vol. 87, No. 46 / Wednesday, March 9, 2022 / Rules and Regulations 13179 

• 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). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where 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 as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it 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 May 9, 2022. 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, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

Dated: February 28, 2022. 

Daniel Blackman, 

Regional Administrator, Region 4. 

For the reasons stated in the 

preamble, EPA amends 40 CFR part 52 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

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

Subpart (S)—Kentucky 

■ 2. In § 52.920, in paragraph (c), amend 

table 2 by revising the entry for 

Regulation ‘‘1.06’’ to read as follows: 

§ 52.920 Identification of plan. 

* * * * * 

(c) * * * 

TABLE 2—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY

Reg Title/subject EPA 

approval date 

Federal Register 

notice 

District 

effective 

date 

Explanation 

*******

1.06 ........ Stationary Source Self-Monitoring, 

Emissions Inventory Development, 

and Reporting.

3/9/2022 [Insert citation of 

publication].

5/20/2020 Except for Section 5 and any references to Section 5 in this regulation. 

* * * * * * * 

* * * * * 

[FR Doc. 2022–04831 Filed 3–8–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R04–OAR–2020–0400; EPA–R04– 

OAR–2020–0401; FRL–9274–02–R4] 

Air Plan Approval; Georgia; Atlanta 

Area Emissions Inventory and 

Emissions Statements Requirements 

for the 2015 8-Hour Ozone Standard 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is finalizing approval of 

State Implementation Plan (SIP) 

revisions submitted by the State of 

Georgia through the Georgia 

Environmental Protection Division (GA 

EPD) on July 2, 2020, and November 4, 

2021, to address the base year emissions 

inventory requirements and emissions 

statements requirements for the 2015 8- 

hour ozone national ambient air quality 

standards (NAAQS) for the Atlanta, 

Georgia 2015 8-hour ozone 

nonattainment area (hereinafter referred 

to as the ‘‘Atlanta Area’’). These 

requirements apply to all ozone 

nonattainment areas in Georgia. These 

actions are being taken pursuant to the 

Clean Air Act (CAA or Act). 

DATES: This rule is effective April 8, 

2022. 

ADDRESSES: EPA has established dockets 

for these actions under Docket 

Identification Nos. EPA–R04–OAR– 

2020–0400 and EPA–R04–OAR–2020– 

0401. All documents in these dockets 

are listed on the www.regulations.gov 

website. Although listed in the index for 

each docket, some information may not 

be publicly available, i.e., Confidential 

Business Information 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 through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 


jspears on DSK121TN23PROD with RULES1