24058 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 

List of Subjects 

37 CFR Part 201 

Copyright, General provisions. 

37 CFR Part 221 

Copyright, Claims. 

Final Regulations 

For the reasons stated in the 

preamble, the U.S. Copyright Office 

amends chapter II, subchapters A and B, 

of title 37 Code of Federal Regulations 

as follows: 

SUBCHAPTER A—COPYRIGHT OFFICE 

AND PROCEDURES 

PART 201—GENERAL PROVISIONS 

■ 1. The authority citation for part 201 

continues to read as follows: 

Authority: 17 U.S.C. 702. 

Section 201.10 also issued under 17 U.S.C. 

304. 

■ 2. In § 201.3, revise paragraph (d)(8) to 

read as follows: 

§ 201.3 Fees for registration, recordation, 

and related services, special services, and 

services performed by the Licensing 

Section and the Copyright Claims Board. 

* * * * * 

(d) * * * 

(8) Small claims expedited registration fee per registration application request ........................ 50 

* * * * * 

PART 221—REGISTRATION 

■ 3. The authority citation for part 221 

continues to read as follows: 

Authority: 17 U.S.C. 702, 1510. 

■ 4. In § 221.1, revise paragraph (b) to 

read as follows: 

§ 221.1 Registration requirement. 

* * * * * 

(b) For a work that has not yet been 

registered, a claimant or 

counterclaimant who has a pending 

application to register the work must 

indicate on its claim or counterclaim 

notice that the work is pending 

registration and must include the work’s 

service request (SR) number that was 

assigned to the copyright registration 

claim. If the Copyright Claims Board, in 

its discretion, at any time determines 

that the proceeding may not proceed 

forward because of a pending 

registration, the Copyright Claims Board 

shall issue an order holding the 

proceeding in abeyance until it is 

provided with the certificate of 

registration or the registration number 

on the certificate of registration or 

certificate preview. Under this 

provision, the Copyright Claims Board 

can decide to hold the proceeding in 

abeyance at any point in the proceeding, 

but must dismiss the proceeding 

without prejudice if it is notified that 

the registration application was refused. 

If the proceeding has been held in 

abeyance for more than one year, the 

Copyright Claims Board may dismiss 

the claim or counterclaim without 

prejudice after providing thirty days’ 

written notice to all parties to the 

proceeding. 

■ 5. In § 221.2, revise paragraphs (b) and 

(e) to read as follows: 

§ 221.2 Small claims expedited 

registration. 

* * * * * 

(b) Initiating small claims expedited 

registration. The small claims expedited 

registration process can only be initiated 

after the claimant or counterclaimant 

has completed an application for 

copyright registration and either the 

Copyright Claims Board has issued an 

order holding the proceedings in 

abeyance pursuant to § 221.1(b) and has 

granted the applicant permission to 

request an expedited registration or the 

proceeding has become active. To 

initiate the small claims expedited 

registration process, the qualifying 

claimant or counterclaimant must make 

a request and pay the required fee set 

forth in § 201.3(d). Parties must not 

attempt to initiate small claims 

expedited registration by using the 

Copyright Office’s electronic registration 

system (eCO). 

* * * * * 

(e) Granted requests. If the request for 

expedited registration under this section 

is granted, the Office will make every 

attempt to examine the application 

within 10 business days after notice of 

the request is delivered by the Copyright 

Claims Board to the Copyright Office’s 

Office of Registration Policy and 

Practice, although the Copyright Office 

cannot guarantee that all applications 

will be examined within that timeframe. 

* * * * * 

Dated: April 15, 2022. 

Shira Perlmutter, 

Register of Copyrights and Director of the 

U.S. Copyright Office. 

Approved by: 

Carla D. Hayden, 

Librarian of Congress. 

[FR Doc. 2022–08654 Filed 4–21–22; 8:45 am] 

BILLING CODE 1410–30–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2021–0672; FRL–9558–02– 

R1] 

Air Plan Approval; New Hampshire; 

Boston-Manchester-Portsmouth Area 

Second 10-Year Limited Maintenance 

Plan for 1997 Ozone NAAQS 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is approving a State 

Implementation Plan (SIP) revision 

submitted by the State of New 

Hampshire. On July 29, 2021, the State 

submitted its 1997 ozone national 

ambient air quality standards (NAAQS) 

Limited Maintenance Plan (LMP) for the 

Boston-Manchester-Portsmouth 

(Portsmouth) area. EPA is approving the 

Portsmouth area LMP because it 

provides for the maintenance of the 

1997 ozone NAAQS through the end of 

the second 10-year portion of the 

maintenance period. The effect of this 

action will be to make certain 

commitments related to maintenance of 

the 1997 ozone NAAQS in the 

Portsmouth maintenance area part of the 

New Hampshire SIP and therefore 

federally enforceable. This action is 

being taken in accordance with the 

Clean Air Act. 

DATES: This rule is effective on May 23, 

2022. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2021–0672. All documents in the docket 

are listed on the https://

www.regulations.gov website. 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 at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that, if at all possible, you 

contact the contact 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 legal holidays and 

facility closures due to COVID–19. 


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Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 24059 

FOR FURTHER INFORMATION CONTACT: Eric 

Rackauskas, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code 05–2), Boston, MA 

02109–3912, tel. (617) 918–1628, email 

rackauskas.eric@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

EPA. 

Table of Contents 

I. Background and Purpose 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Purpose 

On March 1, 2022 (87 FR 11373), EPA 

published a Notice of Proposed 

Rulemaking (NPRM) for the State of 

New Hampshire. 

The NPRM proposed approval of the 

State’s 1997 ozone national ambient air 

quality standards (NAAQS) Limited 

Maintenance Plan (LMP) for the BostonManchester-Portsmouth (Portsmouth) 

area. The formal SIP revision was 

submitted by New Hampshire on July 

29, 2021. The Portsmouth area 8-hour 

ozone nonattainment area in the 

southeastern-most portion of the state 

includes 52 cities and towns with a 

combined population of 729,071 in 

Hillsborough, Merrimack, Rockingham 

and Strafford counties. On June 15, 

2004, the Portsmouth area was 

designated as nonattainment for the 

1997 ozone NAAQS. On March 4, 2013, 

the area was redesignated to attainment 

with that standard. 

The Portsmouth area’s LMP for the 

1997 ozone NAAQS submitted by the 

New Hampshire Department of 

Environmental Services (DES) is 

designed to maintain the 1997 ozone 

NAAQS within this area through the 

end of the second ten-year period of the 

maintenance period. We are approving 

the plan because it meets all applicable 

requirements under CAA sections 110 

and 175A. Other specific requirements 

of the LMP and the rationale for EPA’s 

proposed action are explained in the 

NPRM and will not be restated here. No 

public comments were received on the 

NPRM. 

II. Final Action 

EPA is approving the New Hampshire 

1997 ozone national ambient air quality 

standards (NAAQS) Limited 

Maintenance Plan for the BostonManchester-Portsmouth area as a 

revision to the New Hampshire SIP. 

III. 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 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); 

• 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, 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 and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

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 June 21, 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, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: April 14, 2022. 

David Cash, 

Regional Administrator, EPA Region 1. 

Part 52 of chapter I, title 40 of the 

Code of Federal Regulations is amended 

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. 


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24060 Federal Register / Vol. 87, No. 78 / Friday, April 22, 2022 / Rules and Regulations 

1The State of California refers to reactive organic 

gases (ROG) rather than VOC in some of its ozonerelated SIP submissions. ROG and VOC refer 

essentially to the same set of chemical constituents, 

and for the sake of simplicity, we refer to this set 

of gases as VOC in this final rule. 

2See ‘‘Fact Sheet—2008 Final Revisions to the 

National Ambient Air Quality Standards for Ozone’’ 

dated March 2008. 3The ozone NAAQS promulgated in 1979 was 

0.12 parts per million (ppm) averaged over a 1-hour 

period (‘‘1-hour ozone NAAQS’’). See 44 FR 8202 

(February 8, 1979). The ozone NAAQS promulgated 

in 1997 was 0.08 ppm averaged over an 8-hour 

period (‘‘1997 ozone NAAQS’’). See 62 FR 38856 

(July 18, 1997). 

4 73 FR 16436 (March 27, 2008). 

5 Information on the 2015 ozone NAAQS is 

available at 80 FR 65292 (October 26, 2015). 

Subpart EE—New Hampshire 

■ 2. In § 52.1520(e) amend the table by 

adding entries for ‘‘Boston-ManchesterPortsmouth Area Second 10-Year 

Limited Maintenance Plan for 1997 

Ozone NAAQS’’ and ‘‘Letter from New 

Hampshire and attachment G 

Amendment’’ at the end of the table to 

read as follows: 

§ 52.1520 Identification of plan. 

* * * * * 

(e) * * * 

NEW HAMPSHIRE NON-REGULATORY

Name of nonregulatory SIP provision 

Applicable 

geographic or 

nonattainment area 

State 

submittal 

date/ 

effective date 

EPA approved 

date 1 Explanations 

*******

Boston-Manchester-Portsmouth Area 

Second 10-Year Limited Maintenance 

Plan for 1997 Ozone NAAQS.

Boston-Manchester-Portsmouth Maintenance Area.7/29/2021 4/22/2022 [Insert 

Federal Register 

citation].

Approval for 2nd 10-year 

LMP for 1997 ozone 

NAAQS. 

Letter from New Hampshire and attachment G Amendment.Boston-Manchester-Portsmouth Maintenance Area.12/23/2021 4/22/2022 [Insert 

Federal Register 

citation].

Supplemental information for 

2nd 10-year LMP for 1997 

ozone NAAQS. 

1 In order to determine the EPA effective date for a specific provision listed in this table, consult the Federal Register notice cited in this column for the particular provision. 

[FR Doc. 2022–08392 Filed 4–21–22; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R09–OAR–2018–0146; FRL–9681–01– 

R9] 

Approval of Air Quality Implementation 

Plans; California; Ventura County; 

8-Hour Ozone Nonattainment Area 

Requirements; Correction Due to 

Vacatur 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA or ‘‘Agency’’) is correcting 

the state implementation plan (SIP) for 

the State of California to remove from 

the Code of Federal Regulations (CFR) 

revisions to the California SIP that were 

initially approved into the SIP in a June 

25, 2020 final action that was 

subsequently vacated and remanded to 

the EPA by the Court of Appeals for the 

Ninth Circuit. This action is exempt 

from notice-and-comment rulemaking 

because it is ministerial in nature. 

DATES: This final rule is effective on 

April 22, 2022. 

ADDRESSES: The EPA has established a 

docket for this action under Docket ID 

No. EPA–R09–OAR–2018–0146. All 

documents in the docket are listed on 

the https://www.regulations.gov website. 

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(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 through https://

www.regulations.gov, or please contact 

the person identified in the FOR FURTHER

INFORMATION CONTACT section for 

additional availability information. If 

you need assistance in a language other 

than English or if you are a person with 

disabilities who needs a reasonable 

accommodation at no cost to you, please 

contact the person identified in the FOR

FURTHER INFORMATION CONTACT section. 

FOR FURTHER INFORMATION CONTACT: Tom 

Kelly, Air Planning Office (AIR–2), EPA 

Region IX, 75 Hawthorne Street, San 

Francisco, CA 94105, (415) 972–3856, or 

by email at kelly.thomasp@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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

and ‘‘our’’ refer to the EPA. 

Table of Contents 

I. Background and Rationale for This Action 

II. Final Action 

III. Statutory and Executive Order Reviews 

I. Background and Rationale for This 

Action 

Ground-level ozone pollution is 

formed from the reaction of volatile 

organic compounds (VOC) and oxides of 

nitrogen (NOX) in the presence of 

sunlight.1 These two pollutants, referred 

to as ozone precursors, are emitted by 

many types of sources, including on-and 

off-road motor vehicles and engines, 

power plants and industrial facilities, 

and smaller area sources such as lawn 

and garden equipment and paints. 

Scientific evidence indicates that 

adverse public health effects occur 

following exposure to elevated levels of 

ozone, particularly in children and 

adults with lung disease. Breathing air 

containing ozone can reduce lung 

function and inflame airways, which 

can increase respiratory symptoms and 

aggravate asthma or other lung 

diseases.2

Under section 109 of the Clean Air 

Act (CAA), the EPA promulgates 

national ambient air quality standards 

(NAAQS) for pervasive air pollutants, 

such as ozone. The EPA has previously 

promulgated NAAQS for ozone in 1979 

and 1997.3 In 2008, the EPA revised and 

further strengthened the ozone NAAQS 

by setting the acceptable level of ozone 

in the ambient air at 0.075 parts per 

million (ppm) averaged over an 8-hour 

period (and herein referred to as the 

‘‘2008 ozone NAAQS’’).4 Although the 

EPA further tightened the 8-hour ozone 

NAAQS to 0.070 ppm in 2015, this 

action relates to the requirements for the 

2008 ozone NAAQS.5

Following promulgation of a new or 

revised NAAQS, the EPA is required 

under CAA section 107(d) to designate 


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