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Federal Register / Vol. 86, No. 168 / Thursday, September 2, 2021 / Proposed Rules
library or archives to which the preemptive opt out applies and shall be signed by a person with the authority described in paragraph c of this section. The library or archives must also provide a point of contact for future correspondence, including phone number, mailing address, and email address and shall notify the Copyright Claims Board if this information changes.
3 The Copyright Claims Board will accept the facts stated in the submission described in paragraphs a1 and 2 of this section, unless they are implausible or conflict with sources of information that are known to the Copyright Claims Board or the general public.
4 If a federal court determines that an entity described in paragraph a1
of this section does not qualify for the limitations on exclusive rights under section 108 of title 17, that entity must inform the Copyright Claims Board of that determination and submit a copy of the relevant order or opinion, if any, within fourteen days after the determination is issued.
5 A library or archives may rescind its preemptive opt-out election under this section, such that it may participate in Copyright Claims Board proceedings, by providing written notification to the Copyright Claims Board in accordance with such instructions as are provided on the Copyright Claims Board website.
A library or archives may submit no more than one such rescission notification per calendar year.
6 The notification described in paragraph a1 of this section shall be submitted to the Copyright Claims Board in accordance with such instructions as are provided on the Copyright Claims Board website.
b Review of eligibility. 1 The Copyright Claims Board will maintain on its website a public list of libraries and archives that have preemptively opted out of Copyright Claims Board proceedings pursuant to paragraph a of this section. If the Register determines pursuant to paragraph a3 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 a2 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 thirty days. If the entity fails to respond, or if, after reviewing the entitys response, the Register determines that the entity does not qualify for the limitations on exclusive rights under section 108 of title 17, the
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entity will be 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 section 108 of title 17, the entity will be added to, or remain on, the libraries and archives preemptive opt-out list. This provision does not limit the Offices ability to request additional information from the point of contact listed pursuant to paragraph a2 of this section.
2 A party seeking to assert a claim under this section against a library or archives that it believes is improperly included on the public list described in paragraph b1 of this section may file the claim with the Copyright Claims Board pursuant to 17 U.S.C. 1506e and applicable regulations. The claimant must include in its statement of material facts allegations sufficient to support that belief. If the Copyright Claims Board determines, as part of its review of the claim pursuant to 17 U.S.C.
1506f, 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 claim is otherwise complaint, the claimant will be instructed to proceed with service of the claim. The respondent may include in its response any factual statements in support of its eligibility.
3 Any determination made under paragraph b1 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 who receives notice of a pending or putative class action, arising out of the same transaction or occurrence as the proceeding before the Copyright Claims 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 Copyright Claims
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Board within fourteen days of receiving notice of the pending class action. If a party seeks written dismissal of the proceeding before Copyright Claims Board, upon notice to all claimants and counterclaimants, the Copyright Claims Board shall dismiss the proceeding without prejudice.
b Filing requirement. A copy of the notice indicating a partys intent to opt out of a class action proceeding must be filed with the Copyright Claims Board within fourteen 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 Copyright Claims Board for good cause shown.
Dated: August 24, 2021.
Shira Perlmutter, Register of Copyrights and Director of the U.S. Copyright Office.
FR Doc. 202118567 Filed 9121; 8:45 am BILLING CODE 141030P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR10OAR20200648; FRL878701
R10

Air Plan Approval; AK; Eagle River Second 10-Year PM10 Limited Maintenance Plan Environmental Protection Agency EPA.
ACTION: Proposed rule.
AGENCY:

The Environmental Protection Agency EPA is proposing to approve the Eagle River, Alaska AK limited maintenance plan LMP submitted on November 10, 2020, by the Alaska Department of Environmental Conservation ADEC or the State.
This plan addresses the second 10-year maintenance period after redesignation for particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers PM10. An LMP is used to meet Clean Air Act CAA requirements for formerly designated nonattainment areas that meet certain qualification criteria. The EPA is proposing to determine that Alaskas submittal meets the CAA
requirements. The plan relies upon control measures contained in the first 10-year maintenance plan and the determination that the Eagle River area currently monitors PM10 levels well below the PM10 National Ambient Air Quality Standards NAAQS or the standard.
SUMMARY:

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02SEP1