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Federal Register / Vol. 71, No.

209 / Monday, October 30, 2006 / Rules and Regulations 63247

Authority: 33 U.S.C. 471, 1221 through the circumvention of technological circumvention, Literary works,
1236, 2030, 2035 and 2071; 33 CFR 1.05–1(g); measures that control access to works Recordings, Satellites.
Department of Homeland Security Delegation protected by copyright. It also provides
No. 0170.1. Interim Regulation
that every three years, the Register of
■ 2. In § 110.195, redesignate paragraph Copyrights is to conduct a rulemaking ■ For the reasons set forth in the
(c)(7) as (c)(8) and add a new paragraph proceeding to determine whether users preamble, 37 CFR part 201 is amended
(c)(7) to read as follows: of particular classes of copyrighted as follows:
works are, or in the next three years are
§ 110.195 Mississippi River below Baton likely to be, adversely affected by that PART 201—GENERAL PROVISIONS
Rouge, LA, including South and Southwest prohibition in their ability to make
Passes. ■ 1. The authority citation for part 201
noninfringing uses of copyrighted continues to read as follows:
* * * * * works. That determination is made by
(c) * * * Authority: 17 U.S.C. 702.
the Librarian of Congress upon the
(7) Vessels anchored in the Lower recommendation of the Register of § 201.40 [Amended]
Kenner Bend Anchorage are prohibited Copyrights. Section 1201(a)(1)(D) ■ 2. Section 201.40(b) introductory text
from using or exercising the ship’s hold provides that ‘‘The Librarian shall is amended by removing ‘‘from October
cargo cranes. Vessels in this anchorage publish any class of copyrighted works 28, 2003, through October 27, 2006,’’
must keep the ship’s hold cargo gear in for which the Librarian has determined, and adding in its place ‘‘commencing
the down and hawsed position, as pursuant to the rulemaking conducted October 28, 2003,’’.
rigged for sea transits. Deck-mounted under subparagraph (C), that
cranes, deck booms and stiff legs may be Dated: October 25, 2006.
noninfringing uses by persons who are
used to take on ships stores and spare users of a copyrighted work are, or are James H. Billington,
parts and may be used to move manifold likely to be, adversely affected, and the Librarian of Congress.
hoses. prohibition contained in subparagraph [FR Doc. E6–18239 Filed 10–27–06; 8:45 am]
* * * * * (A) shall not apply to such users with BILLING CODE 1410–30–S

Dated: October 11, 2006. respect to such class of works for the
J.R. Whitehead,
ensuing 3–year period.’’
The Register of Copyrights is ENVIRONMENTAL PROTECTION
Rear Admiral, U.S. Coast Guard, Commander,
Eighth Coast Guard District.
conducting the third of these triennial AGENCY
rulemaking proceedings and is in the
[FR Doc. E6–18086 Filed 10–27–06; 8:45 am] 40 CFR Part 52
final stages of making her
BILLING CODE 4910–15–P
recommendation to the Librarian of [EPA–R06–OAR–2005–LA–0003; FRL–8234–
Congress. The rulemaking conducted in 8]
2003 identified four classes of works to
LIBRARY OF CONGRESS be subject to exemption from the Approval and Promulgation of
prohibition on circumvention for the Implementation Plans; Louisiana;
Copyright Office period beginning October 28, 2003, and Transportation Conformity
ending October 27, 2006. Because the AGENCY: Environmental Protection
37 CFR Part 201 Register will not be able to present her Agency (EPA).
[Docket No. RM 2005–11] recommendation to the Librarian of
ACTION: Direct final rule.
Congress before October 27, it is
Exemption to Prohibition on necessary to extend the effective dates SUMMARY: EPA is taking direct final
Circumvention of Copyright Protection of the existing regulation identifying action approving a State
Systems for Access Control those classes of works until the time Implementation Plan (SIP) revision
Technologies that the Librarian acts upon the submitted by the State of Louisiana on
recommendation of the Register. It is May 13, 2005. This revision serves to
AGENCY: Copyright Office, Library of
anticipated that this extension will be in incorporate recent changes to the
Congress.
effect for no more than a few weeks. Federal conformity rule into the State
ACTION: Interim Rule. Accordingly, the Register of conformity SIP. We are approving this
SUMMARY: The Librarian of Congress is
Copyrights recommends to the Librarian SIP revision in accordance with section
extending, on an interim basis, the of Congress that the existing regulation, 176 and part D of the Clean Air Act.
existing classes of works with respect to codified at 37 CFR 201.40(b), be DATES: This rule is effective on
which the prohibition against amended on an interim basis to strike December 29, 2006 without further
circumvention of technological the reference to the October 27, 2006, notice, unless EPA receives relevant
measures that effectively control access termination date for the list of classes of adverse comment by November 29,
to copyrighted works shall not apply to works identified in the regulation. 2006. If EPA receives such comment,
persons who engage in noninfringing Dated: October 25, 2006 EPA will publish a timely withdrawal in
uses. Marybeth Peters the Federal Register informing the
public that this rule will not take effect.
DATES: Effective Date: October 28, 2006. Register of Copyrights
ADDRESSES: Submit your comments,
FOR FURTHER INFORMATION CONTACT: The Librarian of Congress accepts the identified by Docket No. EPA–R06–
David Carson, General Counsel, recommendation of the Register of OAR–2005–LA–0003, by one of the
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Copyright Office, GC/I&R, P.O. Box Copyrights and adopts the following following methods:
70400, Southwest Station, Washington, interim rule. • Federal eRulemaking Portal: http://
DC 20024. Telephone: (202) 707–8380. www.regulations.gov. Follow the on-line
Telefax: (202) 707–8366. List of Subjects in 37 CFR Part 201
instructions for submitting comments.
SUPPLEMENTARY INFORMATION: Section Cable television, Copyright, • EPA Region 6 ‘‘Contact Us’’ Web
1201(a)(1) of the copyright law prohibits Exemptions to prohibition against site: http://epa.gov/region6/

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63248 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations

r6coment.htm. Please click on ‘‘6PD’’ index. Although listed in the index, Federal transportation conformity rule
(Multimedia) and select ‘‘Air’’ before some information is not publicly into the Louisiana conformity SIP. They
submitting comments. available, i.e., CBI or other information are described in detail below. EPA is
• E-mail: Mr. Thomas Diggs at whose disclosure is restricted by statute. approving these revisions to the
diggs.thomas@epa.gov. Please also send Certain other material, such as Louisiana conformity SIP.
a copy by e-mail to the person listed in copyrighted material, will be publicly
the FOR FURTHER INFORMATION CONTACT II. What Is the Background for This
available only in hard copy. Publicly Action?
section below. available docket materials are available
• Fax: Mr. Thomas Diggs, Chief, Air either electronically in The Federal Clean Air Act
Planning Section (6PD–L), at fax www.regulations.gov or in hard copy at Amendments of 1990 (CAA) required
number 214–665–7263. the Air Planning Section (6PD–L), each State to submit a revision to its SIP
• Mail: Mr. Thomas Diggs, Chief, Air Environmental Protection Agency, 1445 by November 25, 1994, establishing
Planning Section (6PD–L), Ross Avenue, Suite 700, Dallas, Texas enforceable criteria and procedures for
Environmental Protection Agency, 1445 75202–2733. The file will be made making conformity determinations for
Ross Avenue, Suite 1200, Dallas, Texas available by appointment for public metropolitan transportation plans
75202–2733. inspection in the Region 6 FOIA Review (MTP), transportation improvement
• Hand or Courier Delivery: Mr. Room between the hours of 8:30 a.m. programs (TIP), and projects funded by
Thomas Diggs, Chief, Air Planning and 4:30 p.m. weekdays except for legal the Federal Highway Administration
Section (6PD–L), Environmental (FHWA) or the Federal Transit
holidays. Contact the person listed in
Protection Agency, 1445 Ross Avenue, Administration (FTA). The conformity
the FOR FURTHER INFORMATION CONTACT
Suite 1200, Dallas, Texas 75202–2733. rule assures that in air quality
paragraph below or Mr. Bill Deese at
Such deliveries are accepted only nonattainment or maintenance areas,
214–665–7253 to make an appointment.
between the hours of 8 a.m. and 4 p.m. projected emissions from transportation
If possible, please make the
weekdays except for legal holidays. plans and programs stay within the
appointment at least two working days
Special arrangements should be made motor vehicle emissions ceiling in the
in advance of your visit. There will be
for deliveries of boxed information. applicable attainment demonstration or
Instructions: Direct your comments to a 15-cent per page fee for making
photocopies of documents. On the day maintenance SIP. The transportation
Dockt ID No. EPA–R06–OAR–2005–LA– conformity SIP enables the State to
0003. EPA’s policy is that all comments of the visit, please check in at the EPA
Region 6 reception area at 1445 Ross implement and enforce the Federal
received will be included in the public transportation conformity requirements
file without change and may be made Avenue, Suite 700, Dallas, Texas.
The State submittal is also available at the State level per 40 CFR part 51
available online at http:// subpart T and 40 CFR part 93 subpart
docket.epa.gov/rmepub/, including any for public inspection at the State Air
Agency listed below during official A.
personal information provided, unless EPA published final rules regarding
the comment includes information business hours by appointment:
Louisiana Department of conformity requirements on November
claimed to be Confidential Business 24, 1993 (58 FR 62188). Since then, EPA
Environmental Quality, Office of
Information (CBI) or other information has made several amendments to the
the disclosure of which is restricted by Environmental Assessment, 602 N. Fifth
Street, Baton Rouge, Louisiana 70802. transportation conformity rules: August
statute. Do not submit information that 7, 1995 (60 FR 40098), November 14,
you consider to be CBI or otherwise FOR FURTHER INFORMATION CONTACT:
1995 (60 FR 57179), August 15, 1997 (62
protected through http:// Peggy Wade, Air Planning Section FR 43780), April 10, 2000 (65 FR
www.regulations.gov or e-mail. The (6PD–L), Environmental Protection 18911), August 6, 2002 (67 FR 50808),
http://www.regulations.gov Web site is Agency, Region 6, 1445 Ross Avenue, and July 1, 2004 (69 FR 40004). A minor
an ‘‘anonymous access’’ systems, which Suite 700, Dallas, Texas 75202–2733, correction to the July 1, 2004,
means EPA will not know your identity telephone (214) 665–7247; fax number rulemaking was published on July 20,
or contact information unless you 214–665–7263; e-mail address 2004 (69 FR 43325). The State of
provide it in the body of your comment. wade.peggy@epa.gov. Louisiana submitted an initial
If you send an e-mail comment directly SUPPLEMENTARY INFORMATION: conformity SIP to EPA on November 23,
to EPA without going through http:// Throughout this document wherever 1994. This SIP was withdrawn, revised
www.regulations.gov your e-mail ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean and re-submitted to EPA in October of
address will be automatically captured the EPA. 1998. We approved this SIP on
and included as part of the comment Outline
December 29, 1999 (64 FR 72934), thus
that is placed in the public docket and addressing the Federal rule amendments
made available on the Internet. If you I. What Action Is EPA Taking? promulgated up to and including 1997,
II. What Is the Background for This Action?
submit an electronic comment, EPA III. What Did the State Submit and How Did
with the exception of certain provisions
recommends that you include your We Evaluate It? of the Federal rule that were deemed
name and other contact information in IV. Final Action unlawful by the U.S. Court of Appeals
the body of your comment and with any V. Statutory and Executive Order Reviews for the District of Columbia Circuit
disk or CD–ROM you submit. If EPA (Environmental Defense Fund v. EPA, et
cannot read your comment due to I. What Action Is EPA Taking? al., 167 F. 3d 641, DC Cir. 1999). These
technical difficulties and cannot contact On May 13, 2005, the Louisiana exceptions are addressed in the current
you for clarification, EPA may not be Department of Environmental Quality SIP submission and are explained
able to consider your comment. (LDEQ) submitted revisions to its SIP below. With the current revisions
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Electronic files should avoid the use of addressing changes to the transportation submitted by LDEQ, the State is aligning
special characters and any form of conformity rule [Louisiana its rule to the Federal conformity rule
encryption, and should be free of any Administrative Code (LAC) 33:III.1432] for all amendments up to and including
defects or viruses. which were adopted by the State on those promulgated on July 20, 2004.
Docket: All documents in the docket March 20, 2005. This submission Specifically, these revisions address
are listed in the www.regulations.gov incorporates recent changes in the the March 2, 1999, ruling, mentioned

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Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations 63249

above, by the United States Court of to 40 CFR 93.119 concern use of interim must do so at this time. Please note that
Appeals for the District of Columbia. emissions tests in areas without if we receive adverse comment on an
The court’s ruling affected provisions of adequate or approved MVEBs. In 40 amendment, paragraph, or section of
the rule pertaining to the funding of CFR 93.120, the 120-day grace period this rule and if that provision may be
MTPs and TIPs; use of motor vehicle previously allowed prior to a conformity severed from the remainder of the rule,
emissions budgets (MVEB) prior to SIP freeze has been deleted so that a freeze we may adopt as final those provisions
approval; Federal transportation will occur immediately upon the of the rule that are not the subject of
projects in areas without a conforming effective date of a SIP disapproval. EPA adverse comment.
MTP and TIP; timing of conformity amended the rule at 40 CFR 93.121 so
V. Statutory and Executive Order
consequences following an EPA SIP that regionally significant, non-Federal
Reviews
disapproval; and use of submitted safety projects may no longer advance during
margins in areas with approved SIPs a conformity lapse unless they have The Office of Management and Budget
submitted prior to November 24, 1993. received all necessary State and local (OMB) has exempted this regulatory
More recent changes to the rule are approvals prior to the lapse. EPA also action from Executive Order 12866,
inclusion of criteria and procedures for made minor revisions to 40 CFR 93.117 entitled ‘‘Regulatory Planning and
implementing conformity in accordance and 40 CFR 93.124–93.126. For a Review.’’ This rule is not a ‘‘significant
with the new National Ambient Air comprehensive guide to all changes in energy action’’ as defined in Executive
Quality Standards (NAAQS) addressing the Federal rule, please see the reference Order 13211, ‘‘Actions Concerning
eight-hour ozone and particulate matter document at http://www.epa.gov/otaq/ Regulations That Significantly Affect
with an aerodynamic diameter less than transp/conform/420b04013.pdf or the Energy Supply, Distribution, or Use’’ (66
or equal to 2.5 micrometers (PM2.5). transportation conformity final rule at FR 28355, May 22, 2001), because it is
Changes relating to the implementation 69 FR 40004. not likely to have a significant adverse
of these new standards are summarized effect on the supply, distribution, or use
below. III. What Did the State Submit and How of energy. This action merely approves
Changes to 40 CFR 93.101 add new Did We Evaluate It? State law as meeting Federal
definitions for one-hour ozone NAAQS; With this SIP submission, the State is requirements and imposes no additional
eight-hour ozone NAAQS; donut areas; incorporating by reference the changes requirements beyond those imposed by
isolated rural nonattainment and made to the Federal conformity rule up State law. Accordingly, the
maintenance areas; and limited to and including the final rule issued on Administrator certifies that this rule
maintenance plans. Other Federal July 1, 2004 (69 FR 40004), as corrected will not have a significant economic
changes in the rule include provision of on July 20, 2004 (69 FR 43325), with the impact on a substantial number of small
a one-year grace period before exception of the requirements of 40 CFR entities under the Regulatory Flexibility
conformity is required in newly 93.105. The Federal requirements in 40 Act (5 U.S.C. 601 et seq.). Because this
designated nonattainment areas and the CFR 93.105 are addressed in the State rule approves pre-existing requirements
addition of PM2.5 to the list of criteria rule at LAC 33:III.1434 and are not being under State law and does not impose
pollutants (40 CFR 93.102). Changes to changed with this revision. any additional enforceable duty beyond
40 CFR 93.104 were made to amend the that required by State law, it does not
IV. Final Action
point by which a conformity contain any unfunded mandate or
determination must be made following EPA is approving the revisions to the significantly or uniquely affect small
a State’s submission of a control strategy Louisiana conformity SIP and governments, as described in the
SIP or maintenance SIP for the first corresponding amendments to LAC Unfunded Mandates Reform Act of 1995
time. This new provision requires 33:III.14.B, Conformity to State or (Pub. L. 104–4).
conformity to be determined within 18 Federal Implementation Plans of This rule also does not have tribal
months of EPA’s affirmative finding that Transportation Plans, Programs, and implications because it will not have a
the SIP’s MVEBs are adequate. Changes Projects Developed, Funded or substantial direct effect on one or more
to the grace period for transportation Approved under Title 23 U.S.C or the Indian tribes, on the relationship
plan requirements in certain ozone and Federal Transit Act. The EPA is between the Federal Government and
carbon monoxide nonattainment areas publishing this rule without prior Indian tribes, or on the distribution of
are made in 40 CFR 93.106. 40 CFR proposal because we view this as a power and responsibilities between the
93.109 has been changed to include the noncontroversial amendment and Federal Government and Indian tribes,
applicability of conformity for one-hour anticipate no adverse comments. as specified by Executive Order 13175
ozone nonattainment or maintenance However, in the proposed rules section (65 FR 67249, November 9, 2000). This
areas until EPA revokes the one-hour of this Federal Register publication, we action also does not have Federalism
ozone NAAQS and additional language are publishing a separate document that implications because it does not have
related to conformity requirements for will serve as the proposal to approve the substantial direct effects on the States,
the new NAAQS for eight-hour ozone SIP revisions if relevant adverse on the relationship between the national
and PM2.5. Changes to 40 CFR 93.110 comments are received. The rule will be government and the States, or on the
clarify that conformity determinations effective on December 29, 2006 without distribution of power and
must be based on the latest planning further notice unless we receive adverse responsibilities among the various
assumptions in place at the time a comment by November 29, 2006. If we levels of government, as specified in
conformity analysis begins, rather than receive adverse comment we will Executive Order 13132 (64 FR 43255,
at the time of Department of publish a timely withdrawal in the August 10, 1999). This action merely
Transportation’s conformity finding. Federal Register informing the public approves a State rule implementing a
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Some changes to the methodology of this rule will not take effect. We will Federal standard, and does not alter the
hot-spot analyses were made at 40 CFR address public comments in a relationship or the distribution of power
93.116. The rule revisions also made subsequent final rule based on the and responsibilities established in the
several changes with respect to the proposed rule. We will not institute a Clean Air Act.
MVEB at 40 CFR 93.118 where the second comment period on this action. This rule also is not subject to
adequacy process is discussed. Changes Any parties interested in commenting Executive Order 13045 ‘‘Protection of

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63250 Federal Register / Vol. 71, No. 209 / Monday, October 30, 2006 / Rules and Regulations

Children from Environmental Health The Congressional Review Act, 5 enforce its requirements. (See section
Risks and Safety Risks’’ (62 FR 19885, U.S.C. 801 et seq., as added by the Small 307(b)(2).)
April 23, 1997). EPA interprets Business Regulatory Enforcement
Executive Order 13045 as applying only Fairness Act of 1996, generally provides List of Subjects in 40 CFR Part 52
to those regulatory actions that are that before a rule may take effect, the Environmental protection, Air
based on health or safety risks, such that agency promulgating the rule must pollution control, Intergovernmental
the analysis required under section 5– submit a rule report, which includes a relations, Ozone, Particulate matter,
501 of the Order has the potential to copy of the rule, to each House of the Reporting and recordkeeping
influence the regulation. This rule is not Congress and to the Comptroller General requirements, Volatile organic
subject to Executive Order 13045 of the United States. EPA will submit a compounds.
because it approves a State program. report containing this rule and other
In reviewing SIP submissions under required information to the U.S. Senate, Dated: October 5, 2006.
the National Technology Transfer and the U.S. House of Representatives, and Lawrence E. Starfield,
Advancement Act of 1995 (15 U.S.C. the Comptroller General of the United Acting Regional Administrator, Region 6.
272 note), EPA’s role is to approve State States prior to publication of the rule in
choices, provided that they meet the the Federal Register. A major rule ■ 40 CFR part 52 is amended as follows:
criteria of the Clean Air Act. In this cannot take effect until 60 days after it PART 52—[AMENDED]
context, in the absence of a prior is published in the Federal Register.
existing requirement for the State to use This action is not a ‘‘major rule’’ as ■ 1. The authority citation for part 52
voluntary consensus standards (VCS), defined by 5 U.S.C. 804(2). continues to read as follows:
EPA has no authority to disapprove a Under section 307(b)(1) of the Clean
SIP submission for failure to use VCS. Air Act, petitions for judicial review of Authority: 42 U.S.C. 7401 et seq.
It would thus be inconsistent with this action must be filed in the United
applicable law for EPA, when it reviews States Court of Appeals for the Subpart T—Louisiana
a SIP submission, to use VCS in place appropriate circuit by December 29,
of a SIP submission that otherwise 2006. Filing a petition for ■ 2. In § 52.970, the table in paragraph
satisfies the provisions of the Clean Air reconsideration by the Administrator of (c) entitled ‘‘EPA approved Louisiana
Act. Thus, the requirements of section this final rule does not affect the finality regulations in the Louisiana SIP’’ under
12(d) of the National Technology of this rule for the purposes of judicial Chapter 14—Conformity, Subchapter B,
Transfer and Advancement Act of 1995 review nor does it extend the time section 1432 is revised to read as
do not apply. This rule does not impose within which a petition for judicial follows:
an information collection burden under review may be filed, and shall not § 52.970 Identification of plan.
the provisions of the Paperwork postpone the effectiveness of such rule
Reduction Act of 1995 (44 U.S.C. 3501 or action. This action may not be * * * * *
et seq.). challenged later in proceedings to (c) * * *

EPA APPROVED LOUISIANA REGULATIONS IN THE LOUISIANA SIP


State citation Title/subject State approval date EPA approval date Explanation

* * * * * * *
Chapter 14 Conformity
Subchapter B—Conformity to State or Federal Implementation Plans of Transportation Plans, Programs, and Projects Developed, Funded, or
Approved under Title 23 U.S.C. or the Federal Transit Act

* * * * * * *

Section 1432 .......................... Incorporation by Reference .. March 20, 2005, LR31:640 ... October 30, 2006 [Insert FR
page number where docu-
ment begins].

* * * * * * *

[FR Doc. E6–18050 Filed 10–27–06; 8:45 am] ACTION: Direct final rule. DATES: This rule is effective on
BILLING CODE 6560–50–P December 29, 2006 without further
SUMMARY: EPA is taking direct final notice, unless EPA receives adverse
action to approve revisions to the Clark comments by November 29, 2006. If we
ENVIRONMENTAL PROTECTION County portion of the Nevada State receive such comments, we will publish
AGENCY Implementation Plan (SIP). These a timely withdrawal in the Federal
revisions concern particulate matter Register to notify the public that this
40 CFR Part 52 direct final rule will not take effect.
(PM) emissions from fugitive dust
sources, such as open areas, unpaved ADDRESSES: Submit comments,
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[EPA–R09–OAR–2006–0548a; FRL–8225–5] identified by docket number EPA–R09–


roads, and construction activities. We
Revisions to the Nevada State are approving local rules that regulate OAR–2006–0548a, by one of the
Implementation Plan, Clark County these emission sources under the Clean following methods:
Air Act as amended in 1990 (CAA or the 1. Federal eRulemaking Portal:
AGENCY: Environmental Protection Act). www.regulations.gov. Follow the on-line
Agency (EPA). instructions.

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