12556 Federal Register / Vol. 74, No. 56 / Wednesday, March 25, 2009 / Rules and Regulations 

terminated by virtue of one document. 

Amendment four adds the notice of 

termination as an express example in 

the schedule of fees under section 

201.3(c)(16), specifying that the basic 

fee for recordation of a notice of 

termination containing a single title is 

$95, and the fee for recordation of a 

notice of termination containing more 

than one title is an additional $25 per 

group of 10 titles. The Office received 

no objections to this revision. 

Mailing Address for Notices of 

Termination 

Finally, because notices of 

termination are time–sensitive, a delay 

in processing may have serious 

consequences. Amendment five 

officially activates the special post office 

box at the Copyright Office, from which 

notices of termination can more easily 

be sorted and routed for recordation. 

This revision also deletes the address 

for the now–defunct Copyright 

Arbitration Royalty Panel (CARP). See 

72 FR 45071 (August 10, 2007). The 

Office received no objections to this 

revision. 

List of Subjects in 37 CFR Part 201 

Copyright. 

Final Regulations 

For the reasons set forth above, the 

Copyright Office amends part 201 of 

title 37 of the Code of Federal 

Regulations as follows: 

PART 201 – GENERAL PROVISIONS 

■ 1.The authority citation for part 201 

continues to read as follows: 

Authority: 17 U.S.C. 702. 

■ 2.Section 201.1 is amended by 

revising paragraph (b)(2) to read as 

follows: 

§ 201.1 Communication with the 

Copyright Office. 

* * * * * 

(b)* * * 

(2)Notices of Termination. Notices of 

termination submitted for recordation 

should be mailed to Copyright Office, 

Notices of Termination, P.O. Box 71537, 

Washington, DC 20024–1537. 

§ 201.3 [Amended] 

■ 3.Amend § 201.3(c)(16) by removing 

the phrase, ‘‘Recordation of document, 

including a Notice of Intent to Enforce 

(NIE) (single title),’’ and adding in its 

place the phrase ‘‘Recordation of 

document (single title), e.g. a Notice of 

Termination or a Notice of Intent to 

Enforce (NIE)’’. 

■ 4.Amend § 201.4 by revising 

paragraph (c)(3) to read as follows: 

§ 201.4 Recordation of transfers and 

certain other documents. 

* * * * * 

(c)* * * 

(3)To be recordable, the document 

must be legible and capable of being 

imaged or otherwise reproduced in 

legible copies by the technology 

employed by the Office at the time of 

submission. 

* * * * * 

■ 5. 

follows: 

a. By adding paragraph (f)(1)(iii); 

b. By redesignating paragraph (f)(4) as 

(f)(5); 

c. By adding a new paragraph (f)(4); 

d. By revising redesignated paragraph 

(f)(5); and 

e. By adding paragraph (f) (6). 

The revisions and additions to 

§ 201.10 read as follows: 

§ 201.10 Notices of termination of 

transfers and licenses. 

* * * * * 

(f)* * * 

(1)* * * 

(iii)The copy submitted for 

recordation must be legible per the 

requirements of § 201.4(c)(3). 

* * * * * 

(4)Notwithstanding anything to the 

contrary in this section, the Copyright 

Office reserves the right to refuse 

recordation of a notice of termination if, 

in the judgment of the Copyright Office, 

such notice of termination is untimely. 

If a document is submitted as a notice 

of termination after the statutory 

deadline has expired, the Office will 

offer to record the document as a 

‘‘document pertaining to copyright’’ 

pursuant to § 201.4(c)(3), but the Office 

will not index the document as a notice 

of termination. Whether a document so 

recorded is sufficient in any instance to 

effect termination as a matter of law 

shall be determined by a court of 

competent jurisdiction. 

(5)A copy of the notice of termination 

shall be recorded in the Copyright 

Office before the effective date of 

termination, as a condition to its taking 

effect. However, the fact that the Office 

has recorded the notice does not mean 

that it is otherwise sufficient under the 

law. Recordation of a notice of 

termination by the Copyright Office is 

without prejudice to any party claiming 

that the legal and formal requirements 

for issuing a valid notice have not been 

met. 

(6)Notices of termination should be 

submitted to the address specified in 

§ 201.1(b)(2). 

Dated: March 16, 2009 

Marybeth Peters, 

Register of Copyrights. 

Approved by: 

James H. Billington, 

The Librarian of Congress. 

[FR Doc. E9–6649 Filed 3–24–09; 8:45 am] 

BILLING CODE 1410–30–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R03–OAR–2009–0058; FRL–8780–2] 

Approval and Promulgation of Air 

Quality Implementation Plan; 

Maryland; Reasonably Available 

Control Technology Requirements for 

Volatile Organic Compounds 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA is taking final action to 

fully approve revisions to the Maryland 

State Implementation Plan (SIP). The 

revisions pertain to Maryland’s major 

source volatile organic compound 

(VOC) reasonable available control 

technology (RACT) regulation. EPA is 

converting the conditional limited 

approval status of Maryland’s VOC 

RACT regulations to a full approval 

because EPA has approved all of the 

case-by-case RACT determinations 

submitted by Maryland pursuant to the 

generic provisions of its VOC RACT 

regulation as well as all of the RACT 

requirements for categories of VOC 

sources submitted by Maryland in 

accordance with the requirements of the 

Clean Air Act (CAA). 

DATES: This rule is effective on May 26, 

2009 without further notice, unless EPA 

receives adverse written comment by 

April 24, 2009. If EPA receives such 

comments, it will publish a timely 

withdrawal of the direct final rule in the 

Federal Register and inform the public 

that the rule will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID Number EPA– 

R03–OAR–2009–0058 by one of the 

following methods: 

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

the on-line instructions for submitting 

comments. 

B. E-mail: fernandez.cristina@epa.gov. 

C. Mail: EPA–R03–OAR–2009–0058, 

Cristina Fernandez, Chief, Air Quality 

Planning Branch, Mail code 3AP21, U.S. 

Environmental Protection Agency, 

Region III, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103. 


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D. Hand Delivery: At the previouslylisted EPA Region III address. 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–R03–OAR–2009– 

0058. 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 information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. 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 

electronic 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 

during normal business hours at the Air 

Protection Division, U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103. Copies of the State submittal are 

available at Maryland Department of the 

Environment, 1800 Washington 

Boulevard, Suite 705, Baltimore, 

Maryland, 21230. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline Lewis, (215) 814–2037, or by 

e-mail at lewis.jacqueline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Under section 184 of the CAA, RACT 

as specified in sections 182(b)(2) and 

182(f) applies throughout the ozone 

transport region (OTR). The entire State 

of Maryland is located within the OTR. 

Therefore, RACT is applicable statewide 

in Maryland. The major source size 

generally is determined by the 

classification of the area in which the 

source is located. However, for areas 

located in the OTR, the major source 

size for stationary sources of VOCs is 50 

tons per year (tpy) unless the area’s 

ozone classification prescribes a lower 

major source threshold. The VOC RACT 

regulations that apply to source 

categories of VOCs are generally those 

VOC RACT regulations adopted by a 

state based upon Control Technique 

Guideline (CTG) documents issued by 

EPA. The CTGs provide ‘‘presumptive 

RACT emission limitations’’ for 

categories of major VOC sources. Major 

sources of VOC that are subject to 

RACT, but that are not covered by a 

regulation adopted by a state pursuant 

to a CTG are referred to as non-CTG 

VOC RACT sources. The State of 

Maryland was required to adopt and 

submit as SIP revisions VOC RACT 

regulations for the CTG documents 

issued between November 15, 1990 and 

the date of 1-hour ozone attainment, and 

the CTG documents issued prior to 

November 15, 1990. For major non-CTG 

VOC sources (not otherwise already 

subject to RACT pursuant to a source 

category regulation under the Maryland 

SIP), the State’s VOC RACT regulations 

contain a ‘‘generic’’ RACT provision. A 

generic RACT regulation is one that 

does not, itself, specifically define 

RACT for a source or source categories, 

but instead allows for case-by-case 

RACT determinations. The generic 

provisions of Maryland’s VOC RACT 

regulation allow for Maryland 

Department of the Environment (MDE) 

to make case-by-case RACT 

determinations that are then to be 

submitted to EPA for approval as 

revisions to the Maryland SIP. Lastly, 

the Maryland SIP includes RACT 

regulations submitted by Maryland and 

approved by EPA for categories of VOC 

sources not covered by a CTG. 

On April 5, 1991, the State of 

Maryland formally submitted 

amendments to its air quality 

regulations to EPA as a SIP revision. 

Among the amendments submitted were 

revisions to Maryland Code of 

Regulations (COMAR) 26.11.06.06 for 

Maryland’s minor VOC source 

requirements and the addition of 

COMAR 26.11.19.02G, which requires 

RACT for major sources of VOC that are 

not covered by Maryland’s category 

specific VOC RACT regulations. 

The April 5, 1991 submittal was 

amended on June 8, 1993 to establish 

statewide applicability for COMAR 

26.11.19.02G and to lower the RACT 

applicability threshold for non-CTG 

sources of VOC in Maryland. The 

expanded geographic applicability of 

COMAR 26.11.06.06 did result in the 

regulation of VOC sources which were 

previously not regulated. However, the 

MDE made other specific amendments 

to COMAR 26.11.06.06, found at 

26.11.06.06A which narrowed the 

applicability of COMAR 26.11.06.06B 

such that certain sources in Maryland’s 

pre-enactment nonattainment areas that 

were previously subject to COMAR 

26.11.06.06B were no longer covered by 

any enforceable emissions limit until 

such time as Maryland approved caseby-case VOC RACT requirements for 

them pursuant to the generic RACT 

provisions of COMAR 26.11.19.02G. 

This resulted in a temporary lapse of 

coverage for previously regulated nonCTG major VOC sources in the State of 

Maryland. 

EPA proposed conditional approval of 

Maryland’s April 5, 1991 and June 8, 

1993 submittals pertaining to COMAR 

26.11.19.02G and COMAR 26.11.06.06 

on March 1, 1996 (61 FR 8009). On 

September 4, 1998, EPA withdrew the 

March 1, 1996 proposed conditional 

approval, and published a direct final 

rule (63 FR 47174) granting a 

conditional limited approval of the 

revisions to COMAR 26.11.19.02G and 

COMAR 26.11.06.06. In the September 

4, 1998 direct final rule, EPA stated that 

the conditional nature of its approval 

would be satisfied once the MDE either 

(1) certifies that it has submitted caseby-case RACT proposals for all sources 

subject to the RACT requirements 

currently known to MDE; or (2) 

demonstrates that the emissions from 

any remaining subject sources represent 

a de minimus level of emissions as 

defined in the September 4, 1998 

rulemaking. The MDE was to satisfy the 

terms of the conditional approval by a 

date certain no later than 12 months 

after the effective date of EPA’s final 

conditional approval. EPA also stated 

that the limited approval status would 

be converted to full approval once EPA 

had approved all of the case-by-case 

RACT requirements submitted by MDE 

as SIP revisions. 


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On December 19, 2008, MDE 

submitted a letter to EPA, certifying that 

it had met the terms and conditions 

imposed by EPA in the September 4, 

1998 (63 FR 47174) conditional limited 

approval. The MDE stated that it had 

fulfilled the terms and conditions of the 

conditional limited approval by 

submitting case-by-case VOC RACT 

facility determinations, categoryspecific VOC RACT and generic VOC 

RACT regulations for approval as SIP 

revisions. 

EPA has reviewed the Maryland SIP 

and determined that MDE has submitted 

RACT regulations for the sources 

covered by the CTG documents issued 

between November 15, 1990 and the 

date of 1-hour ozone attainment, and the 

CTG documents issued prior to 

November 15, 1990; case-by-case RACT 

requirements for three facilities under 

its generic VOC RACT rule; and 

category-specific VOC RACT regulations 

for the remaining VOC sources located 

in the State of Maryland. EPA has 

approved all of these Maryland 

submissions as SIP revisions. (See 40 

CFR Part 52.1070 for the list and 

Federal Register citations of all EPAapproved regulations and requirements 

of the Maryland SIP.) For these reasons 

EPA is converting the conditional 

limited approval status of COMAR 

26.11.19.02G and COMAR 26.11.06.06 

to a full approval. 

Because EPA published its final rule 

granting conditional limited approval of 

COMAR 26.11.19.02G and COMAR 

26.11.06.06 on September 4, 1998 (63 

FR 47174) and that final rule had an 

effective date of November 3 1998, the 

letter submitted by MDE on December 

19, 2008 satisfying the conditional 

nature EPA’s approval should have been 

submitted by MDE no later than 

November 3, 1998. Under 110(k)(4) of 

the CAA, unless the State satisfies the 

terms of a conditional approval of a SIP 

submission within a date certain which 

may not exceed more than 12 months 

from the effective date of the 

conditional approval, EPA is to treat the 

conditional approval as a disapproval. 

Only recently has EPA realized that 

MDE did not submit the letter to EPA 

certifying that it had met the terms and 

conditions imposed by EPA in the 

September 4, 1998 (63 FR 47174) 

conditional limited approval rule within 

the specified 12-month time period from 

the November 3, 1998 effective date of 

that rule. EPA acknowledges its 

oversight for not treating the September 

4, 1998 (63 FR 47174) conditional 

approval as a disapproval for 

Maryland’s failure to satisfy the terms of 

the conditional approval within the one 

year period of time provided, and for 

not commencing the sanctions clocks 

such a disapproval would have 

engendered pursuant to Section 179 of 

the CAA. However, at this point in time, 

given that MDE has submitted and EPA 

has approved as SIP revisions VOC 

RACT requirements for all major 

sources of VOC in that State of 

Maryland as required by the CAA, there 

is no purpose served in treating the 

September 4, 1998 conditional as a 

disapproval. If EPA had treated its 

conditional approval as disapproval and 

had commenced the sanctions clocks or 

imposed sanctions, the remedy to halt 

the clocks or lift the sanctions would 

have been for Maryland to submit and 

for EPA to approve as SIP revisions 

RACT for all major VOC sources in 

Maryland. That remedy has been 

fulfilled. 

II. Final Action 

EPA is converting its conditional 

limited approval of revisions to COMAR 

26.11.19.02G and COMAR 26.11.06.06 

to a full approval because Maryland has 

satisfied the terms and conditions 

imposed in EPA’s conditional limited 

approval published on September 4, 

1998 (63 FR 47174) and because EPA 

has approved all of the case-by-case 

RACT determinations made by MDE 

under Maryland’s generic VOC RACT 

rule. EPA has reviewed the Maryland 

SIP and determined that MDE has 

submitted RACT regulations for the 

sources covered by the CTG documents 

issued between November 15, 1990 and 

the date of 1-hour ozone attainment, and 

the CTG documents issued prior to 

November 15, 1990; case-by-case RACT 

requirements for three facilities under 

its generic VOC RACT rule; and 

category-specific VOC RACT regulations 

for the remaining VOC sources located 

in the State of Maryland. EPA has 

approved all of these Maryland 

submissions as SIP revisions in 

accordance with the requirements of 

section 110 the CAA. 

EPA is publishing this rule without 

prior proposal because the Agency 

views this as a noncontroversial 

amendment and anticipates no adverse 

comment. However, in the ‘‘Proposed 

Rules’’ section of today’s Federal 

Register, EPA is publishing a separate 

document that will serve as the proposal 

to approve the SIP revision if adverse 

comments are filed. This rule will be 

effective on May 26, 2009 without 

further notice unless EPA receives 

adverse comment by April 24, 2009. If 

EPA receives adverse comment, EPA 

will publish a timely withdrawal in the 

Federal Register informing the public 

that the rule will not take effect. EPA 

will address all public comments in a 

subsequent final rule based on the 

proposed rule. EPA will not institute a 

second comment period on this action. 

Any parties interested in commenting 

must do so at this time. 

III. Statutory and Executive Order 

Reviews 

A. General Requirements 

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). 


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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. 

B. Submission to Congress and the 

Comptroller General 

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). 

C. Petitions for Judicial Review 

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 May 26, 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 

converting the conditional limited 

approval to a full approval of revisions 

to COMAR 26.11.19.02G and COMAR 

26.11.06.06 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, Volatile organic compounds. 

February 24, 2009. 

William T. Wisniewski, 

Acting Regional Administrator, Region III. 

■ 40 CFR part 52 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 V—Maryland 

■ 2. In § 52.1070, the table in paragraph 

(c) is amended by revising the entry for 

COMAR 26.11.19.02G to read as 

follows: 

§ 52.1070 Identification of plan. 

* * * * * 

(c) * * * 

EPA-APPROVED REGULATIONS IN THE MARYLAND SIP 

Code of 

Maryland 

administrative 

regulations 

(COMAR) 

citation 

Title/subject State effective date EPA approval date Additional explanation/citation at 40 

CFR 52.1100 

* * * * * * * 

26.11.19 Volatile Organic Compounds from Specific Processes 

26.11.19.02 ....... Applicability, Determining Compliance, Reporting, and General 

Requirements.

05/04/98 

12/10/01 

March 25, 2009 [Insert page number where the document begins].(c) (174), (c) (175). On 2/27/03 (68 

FR 9012), EPA approved a revised rule citation with a State 

effective date of 5/8/95 

[(c)(182)(i)(D)]. 

* * * * * * * 

* * * * * § 52.1072 [Amended] 

■ 3. In § 52.1072, the table in paragraph 

(d) is removed and reserved. 

§ 52.1073 [Amended] 

■ 4. In § 52.1073, the table in paragraph 

(e) is removed and reserved. 

[FR Doc. E9–6654 Filed 3–24–09; 8:45 am] 

BILLING CODE 6560–50–P 


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