Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15875

house organs, schools, colleges, and

churches). Daily newsletters are

published series that are not available

on newsstands. They are customarily

sold by subscription and distributed

electronically or by mail.

The Copyright Office is now

publishing a regulation that permits

group registration of daily newsletters

that meet all of the specified conditions.

Under the regulation, daily newsletters

that are published routinely at least two

times per week may be registered in

groups at a reduced fee if all other

requirements are met. Publishers that

meet these qualifications may register

all newsletters bearing issue dates

within a single calendar month under

the same continuing title on a single

Form SE/Group with the deposit of a

single copy of each issue and a $10

filing fee for each issue. Each issue must

be an essentially new collective work or

all new issue that has not been

published before and must be a work

made for hire. The author(s) and

claimant(s) must be the same for all of

the issues. If the Library of Congress

makes a written request, the publisher

must give the Library up to two

complimentary subscriptions of the

specified newsletter.

Registration of claims to copyright is

optional, although registration confers

several benefits. If a publisher cannot

meet any one of the specified conditions

and he or she wishes to register then a

separate registration is required for each

issue. Form SE or Short Form SE should

be used.

The Copyright Office is also amending

§ 202.3(b)(3)(ii) and footnote 6 to

§ 202.3(c)(2) to conform to the addition

of a new § 202.3(b)(8).

List of Subjects in 37 CFR Part 202

Copyright registration.

Final Regulation

In consideration of the foregoing, the

Copyright Office amends 37 CFR part

202 in the manner set forth below:

PART 202—[AMENDED]

1. The authority citation for part 202

continues to read as follows:

Authority: 17 U.S.C. 702; 202.3, 202.19,

202.20, 202.21, and 202.22 are also issued

under 17 U.S.C. 407 and 408.

2. In § 202.3, paragraph (b)(8) is

redesignated as paragraph (b)(9) and a

new paragraph (b)(8) is added to read as

follows:

§ 202.3 Registration of Copyright.

* * * * *

(b) * * *

(8) Group registration of daily

newsletters. Pursuant to the authority

granted by 17 U.S.C. 408(c)(1), the

Register of Copyrights has determined

that, on the basis of a single application,

deposit, and filing fee, a single

registration may be made for a group of

two or more issues of a daily newsletter

if the following conditions are met:

(i) As used in this regulation, daily

newsletter means a serial published and

distributed by mail or electronic media

(online, telefacsimile, cassette tape,

diskette or CD–ROM). Publication must

occur at least two days per week and the

newsletter must contain news or

information of interest chiefly to a

special group (for example, trade and

professional associations, corporate

house organs, schools, colleges, and

churches).

(ii) The works must be essentially all

new collective works or all new issues

that have not been published before.

(iii) Each issue must be a work made

for hire.

(iv) The author(s) and claimant(s)

must be the same person(s) or

organization(s) for all of the issues.

(v) All the items in the group must

bear issue dates within a single calendar

month under the same continuing title.

(vi) If requested in writing by the

Copyright Acquisitions Division of the

Library of Congress, the publisher of the

newsletter must give the Library of

Congress up to two complimentary

subscriptions of the newsletter in the

edition most suitable to the Library’s

needs. Subscription copies must be

mailed or transmitted to the separate

address specified by the Copyright

Acquisitions Division in its request.

Subscription copies are not required

unless expressly requested by the

Library of Congress.

(vii) A Form SE/Group shall be

submitted for daily newsletters bearing

issue dates within a single month,

together with one copy of each issue,

and a filing fee of $10 for each issue

included in the group registration.

* * * * *

3. Section 202.3(b)(3)(ii) is amended

by removing ‘‘(b)(7)’’ and adding

‘‘(b)(8)’’.

4. Footnote 6 to § 202.3(c)(2) is

revised to read as follows:

6 In the case of applications for group

registration of newspapers, contributions to

periodicals, and newsletters, under

paragraphs (b)(6), (b)(7), and (b)(8) of this

section, the deposits and fees shall comply

with those specified in the respective

paragraphs.

Dated: March 14, 1995.

Marybeth Peters,

Register of Copyrights.

Approved by:

James H. Billington,

The Librarian of Congress.

[FR Doc. 95–7564 Filed 3–27–95; 8:45 am]

BILLING CODE 1410–30–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 52

[CA–144–-2–6918b; FRL–5179–4]

California State Implementation Plan

Revision; Interim Final Determination

That State Has Corrected Deficiencies

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Interim final determination.

SUMMARY: Elsewhere in today’s Federal

Register, EPA has published a notice of

proposed rulemaking fully approving

revisions to the California State

Implementation Plan. The revisions

concern rules from the San Diego

County Air Pollution Control District

(SDCAPCD) and the San Joaquin Valley

Unified Air Pollution Control District

(SJVUAPCD): SDCAPCD Rule 61.1,

Receiving and Storing Volatile Organic

Compounds at Bulk Plants and Bulk

Terminals; and SJVUAPCD Rule 4403,

Components Serving Light Crude Oil or

Gases at Light Crude Oil and Gas

Production Facilities and Components

at Natural Gas Processing Facilities.

Based on the proposed full approval,

EPA is making an interim final

determination by this action that the

State has corrected the deficiencies for

which sanctions clocks were activated

on September 30, 1993. This action will

defer the application of the offset

sanctions and defer the application of

the highway sanctions. Although the

interim final action is effective upon

publication, EPA will take comment. If

no comments are received on EPA’s

proposed approval of the State’s

submittal, EPA will finalize its

determination that the State has

corrected the deficiencies that started

the sanctions clocks by publishing a

notice of final rulemaking in the Federal

Register. If comments are received on

EPA’s proposed approval and this

interim final action, EPA will publish a

final notice taking into consideration

any comments received.

DATES: Effective Date: March 28, 1995.

Comments: Comments must be

received by April 27, 1995.
15876 Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations

1As previously noted, however, by this action

EPA is providing the public with a chance to

comment on EPA’s determination after the effective

date and EPA will consider any comments received

in determining whether to reverse such action.

ADDRESSES: Comments should be sent

to: Daniel A. Meer, Rulemaking Section

(A–5–3), Air and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

The State submittal and EPA’s

analysis for that submittal, which are

the basis for this action, are available for

public review at the above address and

at the following locations:

California Air Resources Board, Stationary

Source Division, Rule Evaluation Section,

2020 ‘‘L’’ Street, Sacramento, CA 95814

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San

Diego, CA 92123

San Joaquin Valley Unified Air Pollution

Control District, 1999 Tuolumne Street,

Suite 200, Fresno, CA 93721

FOR FURTHER INFORMATION CONTACT: Mae

Wang, Rulemaking Section (A–5–3), Air

and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105. Telephone: (415)

744–1200.

SUPPLEMENTARY INFORMATION:

I. Background

On April 5, 1991, the State submitted

SDCAPCD Rule 61.1, Receiving and

Storing Volatile Organic Compounds at

Bulk Plants and Bulk Terminals; and on

May 30, 1991, SJVUAPCD Rule 4403,

Components Serving Light Crude Oil or

Gases at Light Crude Oil and Gas

Production Facilities and Components

at Natural Gas Processing Facilities,

which EPA disapproved in part on

August 30, 1993. 58 FR 4544. EPA’s

disapproval action started an 18-month

clock for the imposition of one sanction

(followed by a second sanction 6

months later) and a 24-month clock for

promulgation of a Federal

Implementation Plan (FIP). The State

subsequently submitted revised rules on

January 24, 1995 and February 24, 1995.

The revised rules were adopted by the

SDCAPCD and SJVUAPCD on January

10, 1995 and February 16, 1995

respectively. In the Proposed Rules

section of today’s Federal Register, EPA

has proposed full approval of the State

of California’s submittal of SDCAPCD

Rule 61.1, Receiving and Storing

Volatile Organic Compounds at Bulk

Plants and Bulk Terminals; and

SJVUAPCD Rule 4403, Components

Serving Light Crude Oil or Gases at

Light Crude Oil and Gas Production

Facilities and Components at Natural

Gas Processing Facilities. SJVUAPCD

Rule 4403 replaces SJVUAPCD Rule

465.3 of the same name.

Based on the proposed approval set

forth in today’s Federal Register, EPA

believes that it is more likely than not

that the State has corrected the original

disapproval deficiencies. Therefore,

EPA is taking this interim final

rulemaking action, effective on

publication, finding that the State has

corrected the deficiencies. However,

EPA is also providing the public with an

opportunity to comment on this final

action. If, based on any comments on

this action and any comments on EPA’s

proposed full approval of the State’s

submittal, EPA determines that the

State’s submittal is not fully approvable

and this final action was inappropriate,

EPA will either propose or take final

action finding that the State has not

corrected the original disapproval

deficiencies. As appropriate, EPA will

also issue an interim final determination

or a final determination that the

deficiencies have not been corrected.

Until EPA takes such an action, the

application of sanctions will continue to

be deferred and/or stayed.

This action does not stop the

sanctions clock that started for these

areas on August 30, 1993. However, this

action will defer the application of the

offsets sanctions and will defer the

imposition of the highway sanctions.

See 59 FR 39832 (Aug. 4, 1994). If EPA’s

publishes a notice of final rulemaking

fully approving the State’s submittal,

such action will permanently stop the

sanctions clock and will permanently

lift any applied, stayed or deferred

sanctions. If EPA must withdraw the

proposed full approval based on adverse

comments and EPA subsequently

determines that the State, in fact, did

not correct the disapproval deficiencies,

the sanctions consequences described in

the sanctions rule will apply. See 59 FR

39832, to be codified at 40 CFR 52.31.

II. EPA Action

EPA is taking interim final action

finding that the State has corrected the

disapproval deficiencies that started the

sanctions clocks. Based on this action,

imposition of the offset sanctions will

be deferred and imposition of the

highway sanctions will be deferred until

EPA’s final action fully approving the

State’s submittal becomes effective or

until EPA takes action proposing or

disapproving in whole or part the State

submittal. If EPA’s proposed rulemaking

action fully approving the State

submittal becomes final, at that time any

sanctions clocks will be permanently

stopped and any applied, stayed or

deferred sanctions will be permanently

lifted.

Because EPA has preliminarily

determined that the State has corrected

the deficiencies identified in EPA’s

limited disapproval actions, relief from

sanctions should be provided as quickly

as possible. Therefore, EPA is invoking

the good cause exception under the

Administrative Procedure Act in not

providing an opportunity for comment

before this action takes effect.1 5 U.S.C.

553(b)(3). EPA believes that notice-andcomment rulemaking before the

effective date of this action is

impracticable and contrary to the public

interest. EPA has reviewed the State’s

submittal and, through its proposed

action is indicating that it is more likely

than not that the State has corrected the

deficiencies that started the sanctions

clocks. Therefore, it is not in the public

interest to initially impose sanctions or

to keep applied sanctions in place when

the State has most likely done all it can

to correct the deficiencies that triggered

the sanctions clocks. Moreover, it would

be impracticable to go through noticeand-comment rulemaking on a finding

that the State has corrected the

deficiencies prior to the rulemaking

approving the State’s submittal.

Therefore, EPA believes that it is

necessary to use the interim final

rulemaking process to temporarily stay

or defer sanctions while EPA completes

its rulemaking process on the

approvability of the State’s submittal.

Moreover, with respect to the effective

date of this action, EPA is invoking the

good cause exception to the 30-day

notice requirement of the APA because

the purpose of this notice is to relieve

a restriction. See 5 U.S.C. 553(d)(1).

III. Regulatory Process

Under the Regulatory Flexibility Act,

5 U.S.C. Section 600 et. seq., EPA must

prepare a regulatory flexibility analysis

assessing the impact of any proposed or

final rule on small entities. 5 U.S.C. 603

and 604. Alternatively, EPA may certify

that the rule will not have a significant

economic impact on a substantial

number of small entities. Small entities

include small businesses, small not-forprofit enterprises, and government

entities with jurisdiction over

populations of less than 50,000.

This action temporarily relieves

sources of an additional burden

potentially placed on them by the

sanctions provisions of the Act.

Therefore, I certify that it does not have

an impact on any small entities.

The Office of Management and Budget

(OMB) has exempted this action from

review under Executive Order 12866.
Federal Register / Vol. 60, No. 59 / Tuesday, March 28, 1995 / Rules and Regulations 15877

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental regulations,

Reporting and recordkeeping, Ozone,

Volatile organic compounds.

Authority: 42 U.S.C. 7401–7671q.

Dated: March 16, 1995.

Felicia Marcus,

Regional Administrator.

[FR Doc. 95–7471 Filed 3–27–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF TRANSPORTATION

Office of the Secretary

49 CFR Part 1

[OST Docket No 1; Amdt. 1–269]

Organization and Delegation of Powers

and Duties Transfer of Delegations

From Assistant Secretary for

Governmental Affairs to General

Counsel and Deputy General Counsel

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: Responsibility for the

Department’s airline consumer

protection program and related

responsibilities has been transferred

from the Assistant Secretary for

Governmental Affairs to the General

Counsel and the Deputy General

Counsel. This rule amends the

delegations to be in accordance with the

changed responsibilities. The rule is

necessary to reflect the delegations in

the Code of Federal Regulations.

EFFECTIVE DATE: This rule becomes

effective March 28, 1995.

FOR FURTHER INFORMATION CONTACT:

Steven B. Farbman, Office of the

Assistant General Counsel for

Regulation and Enforcement (202) 366–

9306, United States Department of

Transportation, 400 7th Street SW.,

Washington, DC 20590.

SUPPLEMENTARY INFORMATION:

Responsibility for the Department’s

airline consumer protection program

and related responsibilities has been

transferred from the Assistant Secretary

for Governmental Affairs to the General

Counsel and the Deputy General

Counsel. This rule amends the

delegations to be in accordance with the

changed responsibilities. The Office of

Intergovernmental and Consumer

Affairs has been changed to the Office

of Intergovernmental Affairs. The

Aviation Consumer Protection Division,

located within the Office of the

Assistant General Counsel for Aviation

Enforcement and Proceedings, has been

created.

Since this rule relates to departmental

management, organization, procedure,

and practice, notice and public

comment are unnecessary. For the same

reason, good cause exists for not

publishing this rule at least 30 days

before its effective date, as is ordinarily

required by 5 U.S.C. 553(d). Therefore,

this rule is effective on the date of its

publication.

List of Subjects in 49 CFR Part 1

Authority delegations (Government

agencies), Organizations and functions

(Government agencies).

PART 1—[AMENDED]

1. The authority citation for part 1

continues to read as follows:

Authority: 49 U.S.C. 322; Pub. L. 101–552,

28 U.S.C. 2672, 31 U.S.C. 3711(a)(2).

§ 1.22 [Amended]

2. Section 1.22(f) is revised to read as

follows:

§ 1.22 Structure.

* * * * *

(f) Office of the Assistant Secretary for

Governmental Affairs. This office is

composed of the Offices of

Congressional Affairs and

Intergovernmental Affairs.

* * * * *

3. In § 1.56a, ‘‘1.61(d)’’ is revised to

read ‘‘1.57(s)’’ in paragraph (f)(1).

4. In § 1.56b, ‘‘1.61(d)’’ is revised to

read ‘‘1.57(s)’’.

5. Section 1.57 is amended by adding

a new paragraph (s) to read as follows:

§ 1.57 Delegations to General Counsel.

* * * * *

(s) Assist and protect consumers in

their dealings with the air transportation

industry and assist state and local

organizations in handling airline

consumer complaints. Carry out 49

U.S.C. 40113 and 41771 as appropriate

to those functions.

* * * * *

6. Section 1.57a is revised to read as

follows:

§ 1.57a Delegations to Deputy General

Counsel.

The Deputy General Counsel is

delegated authority to:

(a) Appear on behalf of the

Department on the record in hearing

cases, and to initiate and carry out

enforcement actions on behalf of the

Department, under the authority

transferred to the Department from the

Civil Aeronautics Board as described in

§§ 1.56a(f) and 1.57(s). This includes the

authority to compromise penalties

under 49 U.S.C. 46301; to issue

appropriate orders, including cease and

desist orders, under 49 U.S.C. 46101;

and to require the production of

information, enter carrier property and

inspect records and inquire into the

management of the business of a carrier

under 49 U.S.C. 41711, as appropriate to

the enforcement responsibilities. In

carrying out these functions, the Deputy

General Counsel is not subject to the

supervision of the General Counsel.

(b) Initiate and carry out enforcement

actions relating to:

(1) foreign airport security on behalf

of the Department under 49 U.S.C.

44907; and

(2) the Consumer Credit Protection

Act under section 4(a)(5) of the Civil

Aeronautics Board Sunset Act of 1984

(October 4, 1984; Pub. L. 98–443). In

carrying out these functions, the Deputy

General Counsel is not subject to the

supervision of the General Counsel.

§ 1.61 [Amended]

7. In § 1.61, remove paragraph (d).

Issued at Washington, DC this 22nd day of

March, 1995.

Federico Pen ̃ a,

Secretary of Transportation.

[FR Doc. 95–7568 Filed 3–27–95; 8:45 am]

BILLING CODE 4910–62–P