(i) The following information types are exempt from the substantiation requirement at the time of information submission:
	(A) Specific information describing the processes used in manufacture or processing of a chemical substance, mixture, or article;
	(B) Marketing and sales information;
	(C) Information identifying a supplier or customer;
	(D) Details of the full composition of a mixture and the respective percentages of constituents;
	(E) Specific information regarding the use, function, or application of a chemical substance or mixture in a process, mixture, or article; and
	(F) Specific production or import volumes.
	(ii) Exemption for chemical substances not yet offered for commercial distribution.
	(A) A confidentiality claim for specific identity of a chemical substance, where the submission is made prior to the date on which the chemical substance whose identity is claimed as confidential is first offered for commercial distribution, is exempt from the requirement to substantiate confidentiality claims at the time of submission.
	(B) A specific chemical identity claim includes specific chemical names, CAS numbers, molecular formulas, reactants (if required to be reported as part of the identification of the chemical, such as for Class 2 substances in § 720.45(a)), and structural diagrams; or in the case of microorganisms, genus and species name and genetic construct.
	(C) This exemption applies where the submitter lacks information to reasonably conclude that the chemical substance has been offered for commercial distribution, where both (1) the chemical substance is not on the TSCA Inventory, and (2) the substance is otherwise not publicly known to have been offered for commercial distribution.
	(c) Public copies. All TSCA submissions and their accompanying attachments that include a confidentiality claim must be accompanied, at the time of submission, by a public version of the submission and any attachments, with all information that is claimed as confidential removed. In the case of documents collected by EPA or on behalf of EPA in person at the site of a TSCA inspection under section 11 of the Act, the affected company must provide such public copies at the same time as it provides substantiation of its confidentiality claims in accordance with paragraph (b)(1) of this section, within ten working days after the inspection ends. Only information that is claimed as confidential may be redacted or removed. Generally, a public copy that removes all or substantially all of the information would not meet the requirements of this paragraph (c) of this section and the submission may be temporarily put on hold as deficient.
	(1) Where the applicable reporting form or electronic reporting tool contains a checkbox or other means of designating with specificity what information is claimed as confidential, no further action by the submitter is required to satisfy this requirement.
	(2) For all other information claimed as confidential, including but not limited to information in attachments and in substantiations required under paragraph (b) of this section, the submitter must prepare and attach a public copy. EPA may hold as deficient submissions with public or sanitized copies that are entirely blank or that are substantially reduced in length as compared to the CBI version (see paragraph (e) of this section).
	(d) Generic name. Each confidentiality claim for specific chemical identity must be accompanied by a structurally descriptive generic name for that substance. This generic name must be consistent with guidance on the determination of structurally descriptive generic names developed in accordance with TSCA section 14(c)(4)(A) (e.g., Guidance for Creating Generic Names for Confidential Chemical Substance Identity Reporting under TSCA; available at https://www.epa.gov/tsca-inventory/guidance-creating-generic-names-confidential-chemical-substance-identity-reporting), and 15 U.S.C. 2613(c)(1)(C)(ii).
	(1) At a minimum, the generic name must either:
	(i) Be identical to the generic name for the same substance included on the non-confidential portion of the TSCA Inventory (if the substance is listed on the TSCA Inventory), or	(ii) For substances that are not listed on the TSCA Inventory, mask only the confidential portions of the specific chemical name. In most cases, only one structural element of a specific chemical name may be masked to protect a confidential chemical identity -- if the submitter of a proposed generic name wishes to mask more than one such element, the submission must include an explanation of why masking only one element is insufficient to protect the confidential identity.
	(2) Notwithstanding paragraph (d)(1) of this section, EPA may conclude that a generic name provided with the submission and listed on the current non-confidential version of the TSCA Inventory does not comply with 15 U.S.C. 2613(c)(1)(C). In such cases, EPA will notify the submitting company and proceed as described in paragraph (c)(4) of this section.
	(3) A generic name that meets the requirements of section 14(c)(1)(C) of the Act prior to the date on which the chemical substance is first offered for commercial distribution for the purposes of a pre-market submission (e.g., a PMN) may not be sufficient for the purposes of subsequent listing on the TSCA Inventory, as identified upon review under section 14(g)(1)(C)(i) of the Act of a confidentiality claim for specific chemical identity made in a Notice of Commencement required under § 720.102 or § 725.190(f). In such cases, EPA will notify the submitting company and proceed as described in § 720.102(f) or § 725.190(f).
	(4) If EPA concludes that the proposed generic name does not comply with 15 U.S.C. 2613(c)(1)(C), EPA will notify the submitter, and provide 10 business days for the submitter to provide a revised generic name. If EPA concludes that the revised generic name is still not acceptable, EPA will hold the submission for an additional period of up to 10 business days, and proceed as set out in paragraph (e) of this section.
	(e) Deficient confidentiality claims.
	(1) A confidentiality claim under TSCA is deficient if it meets one or more of the following criteria:
	(i) The confidentiality claim is not accompanied by the supporting statement and certification required by paragraph (a) of this section.
	(ii) The confidentiality claim is not accompanied by the substantiation required by paragraph (b) of this section. If the submitter claims an exemption from substantiation under paragraph (b)(5) of this section and the exemption does not apply or an explanation is not provided for the exemption pursuant to paragraph (b)(5) of this section, the confidentiality claim is deficient.
	(iii) The confidentiality claim is not accompanied by a public copy that meets the requirements of paragraph (c) of this section.
	(iv) The confidentiality claim is for a specific chemical identity and is not accompanied by a generic name that meets the requirements of paragraph (d) of this section.
	(2) A submission that is identified as deficient under paragraph (1) will be held for a period of up to 10 business days, and the submitter will be notified via CDX as described in paragraph (h) of this section. During the hold, which commences on the day the CDX notice is sent, any applicable review period for the underlying submission will be suspended until either the deficiency is corrected or the 10 business days elapse without such correction. Upon the occurrence of the first of either of these events, the applicable review period for the underlying submission commences or comes out of suspension. If the deficiency is not remedied during the suspension, EPA will proceed with review of the submission and may deny the CBI claim(s).
	(f) Electronic reporting required. (1) Except in the case of information subpoenaed under TSCA section 11(c) or materials collected or requested by EPA as part of an inspection under TSCA section 11(a), TSCA submissions bearing confidentiality claims must be submitted via CDX.
	(2) You must use CISS to complete and submit TSCA submissions via CDX. To access CISS go to https://cdx.epa.gov/ and follow the appropriate links.
	(3) On receipt by EPA, each electronic TSCA submission will be assigned a case number or document identifier, which will be available to the submitter in their CDX account. This identifier may be used as a reference in future communications that concern the substance, and may be used by EPA in public communications (e.g., Federal Register notices) that concern the submission, such as notices of receipt, final confidentiality determination, pending confidentiality claim expiration, or in other regulatory actions that concern the TSCA submission.
	(g) Requirement to report health and safety studies using templates. Submitters of health and safety studies or information from such studies must provide such data in templated form, using an appropriate OECD harmonized template, if such template is available for the data type (https://www.oecd.org/ehs/templates/). Individual test or data submission rules or orders may specify an appropriate template or templates. Submission of templated data is not a substitute for submitting a full study report where a specific TSCA rule or order requires submission of the full study report (e.g., § 720.50(a), or according to the terms of a specific order under TSCA section 5(e)).
	(h) Requirement to maintain company contact information; electronic notices concerning confidentiality claims.
	(1) To facilitate ongoing or future communication concerning TSCA submissions, current contact information for all of the individuals associated with a particular TSCA submission must be maintained. Contact information for all the individuals associated with a particular TSCA submission must be updated by amending the submission via CDX, except that submissions that are either no longer accessible to the submitting company or that were not submitted via CDX (e.g., submissions that were originally provided on paper or other physical media), updated company contact must be provided via CDX using the appropriate EPA-provided electronic reporting application in CISS. In circumstances where ownership of the company or unit of a company has changed, such that contact information for one or more prior TSCA submissions that include confidentiality claims is affected, a notice of transfer of ownership must be directed to EPA via CDX. Instructions for providing this notice and for requesting access to copies of a prior TSCA submission are available [for the final rule EPA will include a link to instructions or to the CISS Tool.]
	(2) When EPA contacts a TSCA submitter concerning confidentiality claims (e.g., related to a pending or concluded confidentiality claim review, a deficient submission, or in relation to the 10-year expiration of a confidentiality claim (described in TSCA section 14(e))), EPA may provide notices and other correspondence to the submitter via CDX, using the contact information provided in the most recent version of the submission, or using the contact information provided in a more recent notice of transfer of ownership relating to that submission. The fact and date of delivery of such notice is verified automatically by CDX.
	(3) In addition to individual notice described in paragraph (h)(2), EPA will publish on its website, or other appropriate platform, a list of TSCA submissions with confidentiality claims that are approaching the end of the ten-year period of protection described in TSCA section 14(e). Such TSCA submissions will be referred to by the TSCA case or document identifier (as described in paragraph (f)(3) of this section) that was assigned to the submission by EPA when it was originally submitted. TSCA submissions will be added to this list at least 60 days prior to the end of the ten-year period of protection, along with instructions for reasserting and substantiating expiring claims.
	(4) When a confidentiality claim is being reviewed pursuant to TSCA section 14(f), EPA will provide, when necessary, notice of such review and an opportunity to substantiate or resubstantiate the affected confidentiality claim to the submitter using the contact information for the authorized official or technical contact provided in the most recent version of the submission or in a more recent notice of transfer of ownership relating to that submission.
	(5) Where the submission with the relevant CBI claim was not originally made via CDX, EPA will send the notice via courier or US Mail to the company address provided in the most recent TSCA submission made by that company, or via other means that allows verification of the fact and date of receipt. The notice will provide instructions for substantiating claims that were exempt from substantiation when the confidentiality claim was asserted or for which the submitter was otherwise not required to provide substantiation at the time of initial submission, and for updating or re-substantiating as necessary any claims that were previously substantiated.
	(i) Withdrawing confidentiality claims. TSCA confidentiality claims may be voluntarily withdrawn by the submitter at any time.
	(1) Confidentiality claims in TSCA submissions that were originally made via electronic submission may be withdrawn by reopening the submission in CDX, removing confidentiality markings (e.g., confidential checkmarks or bracketing), revising sanitized attachments or copies as appropriate, and then resubmitting the submission.
	(2) For submissions that were not originally made via CDX, or that are no longer accessible to the submitting company via CDX, confidentiality claims may also be withdrawn via CDX using the "TSCA Communications" application or successor system. The withdrawal correspondence must indicate the case or document number (or other applicable document identifier or document identifying details) from which CBI claims are being withdrawn, identify the submitting company, and include a list or description of the information for which CBI claims are being withdrawn, including page numbers where relevant. Current contact information for the person withdrawing the claim must also be provided, in the event EPA needs clarification concerning which claim or claims are being withdrawn.
	(j) Amending public copy following confidentiality claim denial or expiration. (1) Following the expiration or EPA's denial of a TSCA confidentiality claim, the person who asserted the denied or expired claim should prepare and submit a revised public copy of the submission to EPA, following the procedures for voluntarily withdrawing claims described in § 703.5(i).
	(2) If the person who asserted the denied or expired claim declines or fails to provide within 30 days a revised public copy of the submission that includes the information for which the confidentiality claim(s) were denied or expired, EPA may prepare an addendum to the original public copy, as needed, in order to provide the newly available information to the public.
§ 703.7 EPA review of confidentiality claims under TSCA Section 14(g)
	(a) Representative subset.
	(1) Definition. A representative subset consists of at least 25% of confidentiality claims asserted under TSCA, not including claims for specific chemical identity or for the categories of information listed in section 14(c)(2) of TSCA. Excluded from the representative subset are
	(i) Inquiries with respect to potential submission to EPA of a notification under 40 CFR parts 720, 721, 723 or 725 by a person who has not submitted the notification at the time of the inquiry, including inquiries under §§ 720.25(b) or 721.11;
	(ii) Submissions or other communication not submitted to EPA via CDX; and
	(iii) Amendments to previous TSCA submissions.
	(2) Selection of submissions for review. To satisfy its confidentiality claim review obligations under section 14(g)(1)(C)(ii) of TSCA, EPA may review all claims (except those exempt from substantiation under TSCA Section 14(c)(2)) in every fourth TSCA submission submitted via CDX that is part of the representative subset, in chronological order of receipt by EPA. For each submission selected for review as part of the representative subset, EPA reviews and approves or denies every individual confidentiality claim in that submission (except claims that are exempt under TSCA sections 14(c)(2) and 14(g)), including claims made in attachments and amendments available to EPA at the time of the review.
	(b) Review of new and expiring confidentiality claims under TSCA Section 14(g).
	(1) Under TSCA Section 14(g), EPA will review (i) all chemical identity claims asserted in TSCA submissions except those that are exempt from substantiation according to TSCA Section 14(c)(2)(G), and (ii) a representative subset of other confidentiality claims as provided in paragraph (a) of this section. Final determinations will be issued by the General Counsel or their designee, which may include personnel outside of the Office of General Counsel.
	(2) EPA will review all timely requests for extension of claims under section 14(e) of TSCA within 30 days of receipt.
	(3) EPA will also review or re-review confidentiality claims under certain other circumstances, as set out in TSCA section 14(f). TSCA section 14(f) reviews are conducted in accordance with procedures set out in § 703.8.
	(c) Commencement of the review period and effect of amendments. Subject to § 703.5(e), the 90-day review period described in TSCA section 14(g) begins on the day that EPA accepts a new TSCA submission that includes confidentiality claims. For new information, other than specific chemical identity, added to a submission after EPA first accepts the submission, the review will take into account such amendments to that submission that are made either up to 60 days from the original submission date, or until the Agency issues a final confidentiality determination for the submission, whichever comes first. If a submission is amended to report an additional or different chemical substance that includes a new specific chemical identity claim, the TSCA section 14(g) review period for the added chemical identity begins on the day EPA accepts the amendment including the new claim.
	(d) Publication of final determinations. Final confidentiality determinations will be published on EPA's website, or other platform, periodically, in accordance with the requirements of TSCA section 26(j).
	(e) Claim denials and notice period. In the case that EPA determines that a claim or part of a claim is not entitled to confidential treatment, EPA will provide notice of the denial to the person who made the claim and provide reasons for the denial or denial in part. The notice will be provided, as described in § 703.5(h). The 30-day notice period described in TSCA section 14(g)(2)(B) begins on the next business day following the date the notice is made available to the submitter in their CDX account.
	(f) Substantive criteria for use in confidentiality determinations. Information claimed as confidential under TSCA section 14 will be approved if:
	(1) The business has asserted a business confidentiality claim which has not expired by its terms, nor been waived nor withdrawn;
	(2) The business has satisfactorily shown that it has taken reasonable measures to protect the confidentiality of the information, and that it intends to continue to take such measures for as long as the claim is maintained;
	(3) The information is not, and has not been, reasonably obtainable without the business's consent by other persons (other than governmental bodies) by use of legitimate means (other than discovery based on a showing of special need in a judicial or quasi-judicial proceeding; e.g., the business has demonstrated a reasonable basis to believe the information is not readily discoverable through reverse engineering);
	(4) The business has demonstrated a reasonable basis to conclude that disclosure of the information is likely to cause substantial harm to the competitive position of the business; and
	(5) No statute denies confidential protection to the information. Information from health and safety studies is not entitled to confidential treatment, except that the following information may be entitled to confidential treatment if it otherwise meets the remainder of criteria in this paragraph (f):
	(i) Any information, including formulas (including molecular structures) of a chemical substance or mixture, that discloses processes used in the manufacturing or processing of a chemical substance or mixture; or
	(ii) In the case of a mixture, the portion of the mixture comprised by any of the chemical substances in the mixture.
 	(g) Request for Reconsideration. Persons who received a denial or partial denial notification under paragraph (e) of this section may request reconsideration by the Office of General Counsel prior to the end of the 30-day period specified in the notice and described under paragraph (e). The business must make its request for reconsideration electronically via CDX, following the instructions in the notice. If a request for reconsideration is timely received, EPA will suspend the 30-day notice period described in paragraph (e) of this section while the Office of General Counsel reconsiders the Agency's determination. Once the Office of General Counsel's reconsideration is complete, the Agency will provide notification, pursuant to § 703.5(h), to the person of EPA's decision on the request for reconsideration. If upon reconsideration the Agency upholds the confidentiality determination, the 30-day notice period will resume. The Office of General Counsel will perform its review de novo and will only reconsider determinations based on the information included with the original submission and amendments made up until the time the final determination was issued.
	(h) Criteria to use in consideration of requests for extension under TSCA section 14(e). Requests to extend the period of confidentiality protection under TSCA section 14(e) use the same criteria as described under § 703.7(f). Requests for extension may rely on a substantiation previously provided to EPA, but the submitter must recertify that the substantiation is still true and correct.
§ 703.8 EPA review of confidentiality claims under TSCA section 14(f).
	(a) Review of confidentiality claims initiated under TSCA Section 14(f). In accordance with the procedures described in this section, EPA may review confidentiality claims that are subject to TSCA section 14(f)(1), and will review confidentiality claims subject to TSCA section 14(f)(2) in the following situations:
	(1) In response to a request under the Freedom of Information Act (5 U.S.C. 552) for TSCA information claimed confidential;
	(2) If EPA has reason to believe that information claimed confidential does not qualify for protection from disclosure; or
	(3) For any chemical substance EPA determines under TSCA section 6(b)(4)(A) presents an unreasonable risk of injury to health or the environment.
	(b) Substantiation exemptions not applicable. All confidentiality claims asserted in submissions described by paragraph (a) of this section are subject to the substantiation requirements, including those that were initially exempt from substantiation according to section 14(c)(2) of TSCA.
	(c) Additional substantiation. If necessary, such as in the case that substantiation has not previously been provided for confidentiality claims under review, or in the case that EPA has reason to believe the substantiation is incomplete or out of date, EPA will request additional substantiation from the person(s) that claimed the information as confidential.
	(d) Additional substantiation notice. If additional substantiation is necessary, EPA will provide notice to the person that claimed the information as confidential in the manner specified in § 703.5(h)(4). The notice will provide the time allowed for additional substantiation from the business and the method for requesting a time extension if necessary. If the person does not make a timely response or extension request, EPA will consider any existing substantiations in its review of the claims or, in the case of any unsubstantiated claim, EPA will construe this as a waiver of the claim and may make the information public without any further notice to the submitter.
	(e) Substantive criteria for use in confidentiality determinations. The criteria in § 703.7(f) apply to confidentiality determinations initiated under TSCA section 14(f). For determinations required to respond to a FOIA request, the criteria in § 703.7(f) are supplemented with one additional criterion that must be satisfied: The business adequately demonstrates that the information is commercial or financial information obtained from a person and is confidential within the meaning of FOIA Exemption 4 (5 U.S.C. 552(b)(4)).
	(f) Adverse determinations and notice period. Final determinations will be issued by the General Counsel or their designee, including personnel outside of the Office of General Counsel. Except for instances where claims were waived, if EPA determines that information claimed confidential does not qualify for protection from disclosure, EPA will provide written notice to the person who asserted the claim. The notice will be provided electronically, as described in § 703.5(h)(2). The 30-day notice period described in TSCA section 14(g)(2)(B) begins on the next business day following the date the notice is made available to the submitter in their CDX account.
	(g) Disclosure of Information. After a final determination has been made by EPA to release some or all of the information claimed as confidential, the Agency shall make the information available to the public (in the absence of a court order prohibiting disclosure) whenever:
	(1) The period provided for commencement by a business of an action to obtain judicial review of the determination has expired without notice to EPA of commencement of such an action; or
	(2) The court, in a timely-commenced action, has denied the person's motion for a preliminary injunction, or has otherwise upheld the EPA determination.
	(h) Notice relating to public requests for records. Any person whose request for release of the information under 5 U.S.C. 552 is pending at the time notice is given under paragraph (f) of this section shall be furnished notice under 5 U.S.C. 552 either stating the circumstances under which the some or all of the information will be released or denying the request if all requested information was found to be entitled to confidential treatment.
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PART 704  -  REPORTING AND RECORDKEEPING REQUIREMENTS
	6. The authority citation for part 704 continues to read as follows:
	Authority: 15 U.S.C 2607(a).
	7. Revise § 704.7 to read as follows:
§ 704.7 Confidential business information claims.
	Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703.
PART 707  -  CHEMICAL IMPORTS AND EXPORTS
	8. The authority citation for part 707 continues to read as follows:
	Authority: 15 U.S.C 2611(b) and 2612.
	9. Amend § 707.63 by adding a new paragraph (a) to read as follows and by redesignating existing paragraphs (a) through (d) to appear consecutively after the new paragraph, as paragraphs (b) through (e).
§ 707.63 Definitions.
	(a) CDX or Central Data Exchange means EPA's centralized electronic document receiving system, or its successor system.
	10. Amend § 707.65 as follows:
	a. Remove paragraph (a)(1);
	b. Revise and redesignate paragraph (a)(2) as paragraph (a)(1);
	c. Revise and redesignate paragraph (a)(3) to be paragraph (a)(2); and
	d. Revise paragraph (c).
	The revisions read as follows:
§ 707.65 Submission to the Agency.
*	 *	 *	 *	 *
	(a)(1)(i) The notice must be for the first export or intended export by an exporter to a particular country in a calendar year when the chemical substance or mixture is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(f), a rule that has been proposed or promulgated under TSCA section 6, or an action that is pending or relief that has been granted under TSCA section 7.
	(ii) The notice must only be for the first export or intended export by an exporter to a particular country when the chemical substance or mixture is the subject of an order issued, an action that is pending, or relief that has been granted under TSCA section 5(e), a rule that has been proposed or promulgated under TSCA section 5(a)(2), or when the submission of data is required under TSCA section 4 or 5(b). Under this paragraph, notice of export to a particular country is not required if an exporter previously submitted to EPA a notice of export to that country prior to January 16, 2007.
	(2) The notice must be submitted to EPA within seven days of forming the intent to export or on the date of export, whichever is earlier. A notice of intent to export must be based on a definite contractual obligation, or an equivalent intra-company agreement, to export the regulated chemical.
*	 * 	* 	*	*
	(c) Notices must be submitted via CDX, using the TSCA section 12(b) Export Notification Application or its successor.
	11. Amend § 707.67 by revising paragraph (a) to read as follows:
§ 707.67 Contents of notice.
	(a) The name of the regulated chemical as it appears in the TSCA section 4, 5, 6, and/or 7 action. For substances on the confidential portion of the TSCA Inventory, this means that the substance must be identified by generic name and accession number, or by any other non-confidential identifier under which it is listed on the TSCA section 12(b) reporting list maintained by EPA and available in the TSCA section 12(b) Export Notification Application described in § 707.65(c). If a category is regulated, the name of the individual regulated chemical within that category, as well as the category, must be given. The name must be that which appears in the TSCA Inventory, if the chemical appears there.
	12. Amend § 707.75 by revising paragraph (d) to read as follows:
§ 707.75 Confidentiality
* 	* 	* 	* 	*
	(d) Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703.
PART 716 HEALTH AND SAFETY DATA REPORTING
	12. The authority citation for part 716 continues to read as follows:
	Authority: 15 U.S.C 2607(d).
	13. Revise § 716.55 to read as follows:
§ 716.55 Confidentiality claims.
	Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703.
PART 717 RECORDS AND REPORTS OF ALLEGATIONS THAT CHEMCIAL SUBSTANCES CAUSE SIGNIFICANT ADVERSE REACTIONS TO HEALTH OR THE ENVIRONMENT
	14. The authority citation for part 717 continues to read as follows:
	Authority: 15 U.S.C 2607(c).
	15. Amend § 717.17 by revising paragraph (c) to read as follows:
§ 717.17 Inspection and reporting requirements.
*	 *	 * 	*	*
	(c) How to Report. When required to report, firms must submit copies of records via CDX https://cdx.epa.gov/ using the EPA provided electronic reporting application.
	16. Revise § 717.19 to read as follows:
§ 717.19 Confidentiality.
	Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703.
PART 720  -  PREMANUFACTURE NOTIFICATION
	17. The authority citation for part 720 continues to read as follows:
	Authority: 15 U.S.C. 2604, 2607, and 2613.
	18. Revise § 720.80 to read as follows:
§ 720.80 General provisions.
	Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703.
*	*	*	*	*
§ 720.85 [Removed]
	19. Remove § 720.85.
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§ 720.90 [Removed]
*	*	*	*	*	*
	20. Remove § 720.90.
*	*	*	*	*
	21. Revise § 720.95 to read as follows:
§ 720.95 Public file.
	All information submitted with a notice, including any health and safety study and other supporting documentation, will become part of the public file for that notice, unless such materials are claimed confidential in accordance with procedures in 40 CFR §703.5. In addition, EPA may add materials to the public file, subject to subpart E of this part. Publicly available materials are available at the docket addresses in § 700.17(b)(1) and (2) of this chapter and on EPA's website.
	22. Amend § 720.102 by:
	a. Revising paragraph (c)(2), and
	b. Adding paragraphs (e) and (f).
	The revision and addition read as follows.
§ 720.102 Notice of commencement of manufacture or import.
* 	* 	* 	*	*
	(c) * * *
	(1) * * *
	(2) If the submitter claims any information on the form as confidential, the claim must be asserted and substantiated in accordance with the requirements described in 40 CFR part 703 and must be submitted via EPA Form 7710-56. If the submitter wants the chemical identity to be listed on the confidential portion of the TSCA Inventory, the chemical identity must be claimed as confidential and the submitter must also follow the certification, substantiation, and generic name requirements described part 703 and paragraphs (e) and (f) of this section. Otherwise, EPA will list the specific chemical identity on the public TSCA Inventory. Submitters who did not claim the chemical identity, submitter identity, or other information to be confidential in the PMN cannot claim this information as confidential in the notice of commencement.
 * 	* 	* 	*	*
	(e) Confidentiality. (1) Any person who asserts a confidentiality claim for chemical identity in a Notice of Commencement submitted under § 720.102 must:
	(i) Comply with generic name requirements described in Part 703 and as specified in paragraph (f) of this section.
	(ii) Agree that EPA may disclose to a person with a bona fide intent to manufacture or import the chemical substance the fact that the particular chemical substance is included on the confidential TSCA Inventory for purposes of notification under section 5(a)(1)(A) of the Act.
	(iii) Have available for the particular chemical substance, and agree to furnish to EPA upon request:
	(A) An elemental analysis.
	(B) Either an X-ray diffraction pattern (for inorganic substances), a mass spectrum (for most other substances), or an infrared spectrum of the particular chemical substance, or if such data do not resolve uncertainties with respect to the identity of the chemical substance, additional or alternative spectra or other data to identify the chemical substance.
	(2) Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703.
	(f) Generic Name. If a submitter asserts a claim of confidentiality for chemical identity in a notice of commencement, they must provide a structurally descriptive generic name.
	(1) Generic names must:
	(i) be structurally descriptive (e.g., not a trade name);
	(ii) describe the chemical structure of the chemical substance as specifically as practicable while protecting only those features of the chemical structure that are claimed as confidential and disclosure of which would likely cause substantial harm to the competitive position of the person--the generic name should generally only obscure one structural feature, but in any case, should conceal only the feature(s) necessary to avoid a likelihood of substantial competitive harm to the submitter; and
	(iii) be consistent with guidance on the determination of structurally descriptive generic names, developed in accordance with TSCA section 14(c)(4)(A) (e.g., Guidance for Creating Generic Names for Confidential Chemical Substance Identity Reporting under TSCA; available at https://www.epa.gov/tsca-inventory/guidance-creating-generic-names-confidential-chemical-substance-identity-reporting).
	(2) Generic names will be reviewed by EPA at the time of submission. (i) If EPA concludes that a proposed generic name meets the criteria in paragraph (f)(1) of this section, EPA will include that generic name in the public TSCA Inventory listing for that substance.
	(ii) If the proposed generic name does not meet the criteria in paragraph (f)(1) of this section, EPA will notify the submitter concerning the deficiency via CDX, as described in 40 CFR 703.5(f). EPA will provide 10 business days to correct the deficiency and provide an alternative generic name that would be acceptable to EPA. If the alternative generic name proposed by EPA is acceptable to the submitter (or if the submitter does not respond within the 10-day period), EPA will place that alternative generic name on the public TSCA Inventory. If the alternative generic name proposed by EPA is not acceptable to the submitter, the submitter must submit a revised generic name that meets the criteria in paragraph (f)(1) of this section and an explanation of how EPA's proposed generic name reveals confidential information. If EPA concludes that the submitter's revised generic name also does not meet the criteria in paragraph (f)(1) of this section, EPA will hold the notice of commencement for a period of up to 10 business days. Reporting requirements will not be considered to have been met and the substance will not be added to the TSCA Inventory during this period. If the submission remains deficient after this 10-day period, EPA will proceed with CBI review of the chemical identity claim and will likely deny the claim.
PART 723  -  PREMANUFACTURE NOTICE EXEMPTIONS
	23. The authority citation for part 723 continues to read as follows:
	Authority: 15 U.S.C. 2604.
	24. In § 723.50, revise paragraph (l) to read as follows:
§ 723.50 Chemical substances manufactured in quantities of 10,000 kilograms or less per year, and chemical substances with low environmental releases and human exposures.
* 	* 	* 	* 	*
	(l) Confidentiality. Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703.
* 	* 	* 	* 	*
	25. In § 723.250, revise the introductory text of paragraph (f) and paragraph (n) to read as follows:
§ 723.250 Polymers.
*	 * 	* 	*	*
	(f) Exemption report for polymers manufactured under the terms of this section. For substances exempt under paragraphs (e)(1), (e)(2), and (e)(3) of this section a report of manufacture or import must be submitted by January 31 of the year subsequent to initial manufacture. The report and accompanying claims must be submitted via CDX (https://cdx.epa.gov/), using the TSCA Section 5 Notices and Supports  -  ePMN application. See § 720.40(a)(2)(ii) for information on how to access e-PMN software. The notice must include:
 * 	* 	* 	*          *
	(n) Confidentiality. Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703.
PART 725  -  REPORTING REQUIREMENTS AND REVIEW PROCESSES FOR MICROORGANISMS
	26. The authority citation for part 725 continues to read as follows:
	Authority: 15 U.S.C. 2604, 2607, 2613, and 2625.
	27. Revise § 725.80 to read as follows:
§ 725.80 General provisions.
	Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703, except as modified in this paragraph. In general, references to "chemical" or "chemical identity" in part 703 are equivalent to "microorganism" or "microorganism identity" for the purposes of this part.
	(a) In place of § 703.5(b)(3)(v), the following question applies: Has EPA, another federal agency, or court made any confidentiality determination regarding information associated with this microorganism? If yes, please provide the circumstances associated with the prior determination, whether the information was found to be entitled to confidential treatment, the entity that made the decision, and the date of the determination.
	(b) In place of § 703.5(b)(4), the following questions apply:
	(1) Has the identity of the microorganism been kept confidential to the extent that competitors do not know it is being manufactured or imported into US commerce? If not, explain why the microorganism identity should still be afforded confidential status (e.g., the microorganism is publicly known only as being distributed in commerce for research and development purposes, but no other information about the current commercial distribution of the microorganism in the United States is publicly available).
	(2) Does the microorganism leave the site of production or testing in a form which is accessible to the public or to competitors? If yes, please explain what measures have been taken to guard against the discovery of its identity. Further, what is the cost to a competitor, in time and money, to develop appropriate use conditions? What factors facilitate or impede product analysis?
*	*	*	*	*
§ 725.85 [Removed]
	28. Remove § 725.85.
*	*	*	*	*
§ 725.92 [Removed]
	29. Remove § 725.92.
*	*	*	*	*
§ 725.94 [Removed]
	30. Remove § 725.94.
*	*	*	*	*
	31. Revise § 725.95 to read as follows:
§ 725.95 Public file.
	All information submitted, including any health and safety study of a microorganism and other supporting documentation, will become part of the public file for that submission, unless such materials are claimed as confidential in accordance with this section. In addition, EPA may add materials to the public file, subject to subpart C of this part. Publicly available materials are available at the docket addresses in § 700.17(b)(1) and (2) of this chapter and on EPA's website.
*	*	*	*	*
	32. Amend § 725.190 by:
	a. Revising paragraph (c); and
	b. Adding paragraphs (e) and (f).
	The revision and additions read as follows:
§ 725.190 Notice of Commencement of manufacture or import.
 * 	* 	* 	* 	*
	(c) Information to be reported. The NOC must contain the following information: Specific microorganism identity, MCAN number, and the date when manufacture or import commences. If the person claims any information on the form as confidential, the claim must be asserted and substantiated in accordance with the requirements described in part 703 and § 725.80, as indicated in EPA Form 7710-56. If the submitter wants the microorganism identity to be listed on the confidential portion of the TSCA Inventory, the microorganism identity must be claimed as confidential and also follow the certification, substantiation, and generic name requirements described in part 703 and paragraph (e) and (f) of this section.
* 	* 	*	 * 	*
	(e) Requirements for assertion. Any person who asserts a confidentiality claim for microorganism identity must:
	(i) Comply with the requirements of paragraph (f) of this section regarding submission of a generic name.
	(ii) Agree that EPA may disclose to a person with a bona fide intent to manufacture or import the microorganism the fact that the particular microorganism is included on the confidential TSCA Inventory for purposes of notification under section 5(a)(1)(A) of the Act.
	(iii) Have available and agree to furnish to EPA upon request the taxonomic designations and supplemental information required by § 725.12.
	(iv) Make claims of confidentiality in accordance with the procedures described in 40 CFR Part 703.
	(f) Generic Name. If a submitter asserts a claim of confidentiality for microorganism identity in a notice of commencement, they must provide a generic name.
	(1) Generic names must:
	(i) Be structurally descriptive (e.g., not a trade name); and
	(ii) Be consistent with guidance on the determination of structurally descriptive generic names, developed in accordance with TSCA section 14(c)(4)(A) (e.g., Guidance for Creating Generic Names for Confidential Chemical Substance Identity Reporting under TSCA). Generic names for microorganisms may only mask the portion of microorganism identity that the submitter believes is proprietary (considering that the identity of a microorganism to be listed on the TSCA Inventory must include taxonomic designations (genus, species, and strain), key phenotypic traits, key genotypic traits and modifications, genetic material that has been introduced or modified, any vector constructs used, cellular location of introduced or modified genes, number and type of genes introduced or modified, and method of construction or modification). Taxonomic designation (in most cases down to strain) must be included in the generic name except where the submitter claims the taxonomic designation confidential, in which case the person making such claim must provide an explanation of why such masking is necessary to protect proprietary information. Additionally, the generic microorganism identity must include a statement regarding the function and stability of the genetic construct. This includes an indication of whether the introduced or modified genes are present on the chromosome or extrachromosomal.
	(2) Generic names will be reviewed by EPA at the time of submission.
	(i) If EPA concludes that a proposed generic name meets the criteria in paragraph (f)(1) of this section, EPA will include that generic name in the public TSCA Inventory listing for that substance.
	(ii) If the proposed generic name does not meet the criteria in paragraph (f)(1) of this section, EPA will notify the submitter concerning the deficiency via CDX, as described in § 703.5(h). EPA will provide ten business days to correct the deficiency and provide an alternative generic name that would be acceptable to EPA. If the alternative generic name proposed by EPA is acceptable to the submitter (or if the submitter does not respond within the ten-day period), EPA will place that alternative generic name on the public TSCA Inventory. If the alternative generic name proposed by EPA is not acceptable to the submitter, the submitter must submit a revised generic name that meets the criteria in paragraph (f)(1) of this section and an explanation of how EPA's proposed generic name reveals confidential information. If EPA concludes that the revised generic name also does not meet the criteria in paragraph (f)(1) of this section, EPA will hold the notice of commencement for a period of up to 10 business days. Reporting requirements will not be considered to have been met and the microorganism will not be added to the TSCA Inventory during this period. If the submission remains deficient after this 10-day period, EPA will proceed with CBI review of the microorganism identity claim and will likely deny the claim.
PART 790 -- PROCEDURES GOVERNING TESTING CONSENT AGREEMENTS AND TEST RULES
	33. The authority citation for part 790 continues to read as follows:
	Authority: 15 U.S.C. 2603.
	32. Revise § 790.7 to read as follows:
§ 790.7 Confidentiality.
	Claims of confidentiality must be made in accordance with the procedures described in 40 CFR part 703.


[Federal Register Volume 82, Number 76 (Friday, April 21, 2017)]
[Notices]
[Pages 18826-18828]
[FR Doc No: 2017-08075]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[NHTSA-2017-0001]

Reports, Forms, and Record Keeping Requirements

AGENCY: National Highway Traffic Safety Administration (NHTSA), DOT.

ACTION: Request for public comment on proposed collection of
information.

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SUMMARY: Before a Federal agency can collect certain information from
the public, it must receive approval from the Office of Management and
Budget (OMB). Under procedures established by the Paperwork Reduction
Act of 1995, before seeking OMB approval, Federal agencies must solicit
public comment on proposed collections of information, including
extensions and reinstatements of previously approved collections. This
document describes one collection of information for which NHTSA
intends to seek OMB approval.

DATES: Comments must be received on or before June 20, 2017.

ADDRESSES: You may submit comments identified by DOT Docket ID Number
NHTSA-2017-0001 using any of the following methods:
    Electronic submissions: Go to http://www.regulations.gov. Follow
the online instructions for submitting comments.
    Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590.
    Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
Docket number for this Notice. Note that all comments received will be
posted without change to http://www.regulations.gov including any
personal information provided.

FOR FURTHER INFORMATION CONTACT: Mary T. Byrd, Contracting Officer's
Representative, Office of Behavioral Safety Research (NPD-320),
National Highway Traffic Safety Administration, 1200 New Jersey Avenue
SE., W46-466, Washington, DC 20590. Mary T. Byrd's phone number is 202-
366-5595, and her email address is<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed

collection of information to OMB for approval, it must publish a
document in the Federal Register providing a 60-day comment period and
otherwise consult with members of the public and affected agencies
concerning each proposed collection of information. The OMB has
promulgated regulations describing what must be included in such a
document. Under OMB's regulations (at 5 CFR 1320.8(d)), an agency must
ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) The accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) How to enhance the quality, utility, and clarity of the
information to be collected; and
    (iv) How to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks public comment on
the following proposed collection of information:
    Title: Psychological Constructs Related to Seat Belt Use.
    Type of Request: New information collection requirement.
    OMB Clearance Number: None.
    Form Number: NHTSA Forms 1365 and 1366.
    Requested Expiration Date of Approval: 3 years from date of
approval.
    Summary of the Collection of Information: The National Highway
Traffic Safety Administration (NHTSA) proposes to conduct a nationally
representative web-based survey using the Growth for Knowledge (GfK)
KnowledgePanel, a probability-based web panel that has been in
existence since 1999, to identify psychological constructs and
psychosocial factors associated with the non-use and part-time use of
seat belts. This research would give the traffic safety community
greater insight regarding characteristics of seat belt nonusers to
inform development of countermeasures tailored to more effectively
encourage seat belt use among this group. The survey would measure
self-reported seat belt use, psychosocial factors, and psychological
constructs to understand how these factors are related.
    A maximum of 20,394 KnowledgePanel panelists would be contacted via
email to obtain 6,000 completed surveys. Of the 20,394 panelists
contacted, it is estimated that approximately 50% or 10,197 potential
respondents would log into the web portal to complete the screener
instrument. It is estimated that 95% of those who complete the one
minute screener (about 9,687) would be eligible for participation in
the survey. Eligible panelists include U.S. residents aged 16 years or
older who have driven or ridden in a motor vehicle (defined as a ``car,
van, truck, taxi or ride-sharing service'') within the past year.
Eligible participants would be sampled to obtain a sufficient number
who report not wearing seat belts all of the time. Of the 6,316 sampled
eligible, it is estimated that 95% or 6,000 would complete the full 19
minute survey. The total estimated burden for this data collection is
2,070 hours.
    Description of the Need for the Information and Proposed Use of the
Information--NHTSA was established by the Highway Safety Act of l970
(23 U.S.C. 101) to carry out a Congressional mandate to reduce the
mounting number of deaths, injuries, and economic losses resulting from
motor vehicle crashes on the Nation's highways. As part of this
statutory mandate, NHTSA is authorized to conduct research as a
foundation for the development of motor vehicle standards and traffic
safety programs.
    Seat belts reduce the risk of death by 45% among drivers and front-
seat passenger car occupants and by 60% among drivers and front-seat
light truck occupants across all crash types--yet, not everyone uses a
seat belt on every trip. According to the latest National Occupant
Protection Use Survey (NOPUS), seat belt use in the United States was
90% in 2016. Although a high percentage of people were observed wearing
seat belts through NOPUS, among passenger vehicle occupants killed in
motor vehicle crashes in 2015, only 51% were wearing a seat belt. Thus,
there is still room to save lives by getting more people to wear seat
belts. In order to develop programs with potential to reach those who
do not wear seat belts, we need to know as much as we can about this
group. Currently, we know a lot about the demographic correlates of
seat belt use (e.g., age, gender), but we do not know much about other
individual-level contributors to nonuse. The purpose of this research
is to identify psychological constructs and psychosocial factors
associated with the non-use and part-time use of seat belts to inform
the development of countermeasures.
    Description of the Likely Respondents (Including Estimated Number,
and Proposed Frequency of Response to the Collection of Information)--
Under this proposed data collection, the potential respondent universe
would be U.S. residents aged 16 years or older who have driven or
ridden in a motor vehicle within the past year. Survey participants
would be recruited from the KnowledgePanel using email invitations to
obtain 6,000 completed surveys. Each participant would complete a
single survey; there would be no request for additional follow-up
information or response.
    Throughout the project, the privacy of all participants would be
protected. Access to the survey would be controlled using a password-
protected email account and web portal. Surveys would be self-
administered and only accessible for a designated period. These
measures protect respondent responses from being compromised.
    Personally-identifiable information, such as the postal address of
sample members, would be kept separate from the data collected and
would be stored in restricted folders on secure password protected
servers that are only accessible to study staff who need to access such
information. In addition, all data collected from respondents would be
reported in aggregate, and identifying information would not be used in
any reports resulting from this data collection effort. Rigorous de-
identification procedures would be used during summary and feedback
stages to prevent respondents from being identified through
reconstructive means.
    Estimate of the Total Annual Reporting and Record Keeping Burden
Resulting from the Collection of Information--NHTSA estimates that the
total respondent burden for this data collection would be 2,070 hours.
NHTSA would contact 20,394 KnowledgePanel panelists via an invitation
email to obtain 6,000 completed surveys. Of the 20,394 panelists
contacted, it is estimated that approximately 50% or 10,197 potential
respondents would log into the web portal to complete the screener
instrument. The estimated burden for the screener is 170 hours (10,197
* 1 minute = 10,197 minutes/60 = 170 hours). Based upon the screening
questions as well as the sampling plan, it is estimated 510 respondents
would not be eligible and that 3,371 eligible respondents would not be
sampled (selected to complete the full survey). Based upon a 95%
completion rate

among the 6,316 sampled respondents, it is anticipated that 6,000
respondents would complete the full survey. The estimated burden for
the full survey, which would average 19 minutes in length, is 1,900
hours (6,000 * 19 minutes = 114,000 minutes/60 = 1,900 hours). The
participants would not incur any reporting cost from the information
collection. The participants would also not incur any record keeping
burden or record keeping cost from the information collection. The
overall estimated burden for this data collection is 170 hours for the
screener and 1,900 hours for the full survey for a total of 2,070
hours.

    Authority:  44 U.S.C. Section 3506(c)(2)(A).

    Issued in Washington, DC, on April 18, 2017.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2017-08075 Filed 4-20-17; 8:45 am]
 BILLING CODE 4910-59-P


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    \180\ See, e.g., ComEd Transmittal at 42-43.
    \181\ November 16 Order, 161 FERC ] 61,163 at P 22.
---------------------------------------------------------------------------

    127. First, we note that three of the orders relied on by Exelon
Companies are delegated letter orders, which do not establish binding
precedent on the Commission.\182\ Nor are we convinced that the
Commission's finding in ITC provides support for Exelon Companies'
proposals. While ITC did involve a request to recover AFUDC Equity
deficiencies, the record in this case does not support BGE's claim that
the recovery granted in this proceeding included deferred amounts. ITC
did not directly address this issue, merely finding that ``[t]he
proposed Attachment O revisions and related depreciation rates provide
for a more accurate annual revenue requirement for the ITC Companies.''
\183\
---------------------------------------------------------------------------

    \182\ We will not repeat our discussion from our order on
rehearing in BGE (being issued concurrently with this order) citing
numerous cases upholding the long-standing principle that delegated
letter orders do not establish binding Commission precedent. Nor
will we repeat here the basis for our conclusion that, even if we
assumed arguendo that PPL, Duquesne, and VEPCO constitute binding
precedent, they would not require the Commission to accept BGE's
proposal. However, that same logic applies equally here.
    \183\ ITC, 153 FERC ] 61,374.
---------------------------------------------------------------------------

    128. Exelon Companies also contend that, while PPL, Duquesne, ITC
and VEPCO did not expressly address AFUDC Equity, the catchup
provisions in these cases were calculated based on their entire FAS 109
balances and recovery provisions would have included the cumulative
AFUDC Equity amounts among other things. The implementation of FAS 109
standards for regulatory purposes should be revenue neutral because the
regulatory assets and regulatory liabilities are offsetting book
keeping entries. In Idaho Power Co.,\184\ the Commission summarily
removed the FAS 109 amounts from rate base because the proposed amounts
in rate base were not revenue neutral and did not result in equal and
offsetting changes to total assets and liabilities. We also noted that
accumulated FAS 109 amounts only relate to future cash flows, which are
not appropriately included in rate base. However, to the extent that
PPL and Duquesne did accept offsetting amounts of FAS 109 regulatory
assets and liabilities in South Georgia calculations for transitions
from the flow-through practices of the Pennsylvania Public Utility
Commission, they should not have affected the calculation and would not
have included amounts for prior AFUDC Equity amortization. In contrast,
Exelon Companies' proposed South Georgia amendments--which are not
revenue neutral--are amortized over the average remaining life of the
plant in service, as calculated using their PowerTax and PowerPlant
software, as of the effective date of their Formula Rate, and include
in the catch-up provision amounts for AFUDC Equity amortization for
prior period depreciation since the inception of their formula rates.
By contrast, Commission accounting policies and precedents provide that
FAS 109 amortizations are to be collected concurrently with the
collection of the associated depreciation expense in rates.
---------------------------------------------------------------------------

    \184\ 115 FERC ] 61,281, at P 27 (2006) (Idaho Power).
---------------------------------------------------------------------------

    129. Finally, Exelon Companies argue that recovery of the past
expenses would not present a problem of retroactive ratemaking because,
on appeal of Order No. 144, the court held that a provision for
recovery of deficient deferred taxes relating to prior years is not
retroactive.\185\ In this regard Exelon Companies argue that, because
customers' rates in past years did not reflect these expenses, if the
FAS 109 amounts flow through rates, Exelon Companies proposals will
place customers in exactly the same position as if they had included a
formulaic rate recovery of FAS 109 amounts in past rates.\186\ As
discussed above, while we recognize that deficient deferred taxes, by
their nature, will be recovered over a period of years, our concern is
that the

Exelon Companies are seeking to recover amounts that should have been
recovered in prior periods.
---------------------------------------------------------------------------

    \185\ ComEd Transmittal at 44 & n.98 (citing Public Systems, 709
F.2d at 85).
    \186\ Id. at 44.
---------------------------------------------------------------------------

4. Guidance
    130. We note that our rejection of Exelon Companies' filings for
the reasons stated herein does not prohibit them from recovering all
prior period tax deficiencies and AFUDC Equity. To the extent that
public utilities have undepreciated AFUDC Equity, even if the related
assets were placed into service in prior years, they may file to
recover the tax effect on an ongoing basis if properly supported under
FPA section 205. In addition, we note that several of the Exelon
Companies experienced recent tax increases at the state level (e.g.,
increases in the Illinois state income tax rate occurred in 2011 and
2015, and increases in the Maryland state corporate income tax rate
occurred in 2001 and 2008), and a portion of the deficient ADIT may
still be eligible for recovery, given the lengthy amortization period
associated with excess or deficient ADIT.\187\ Should Exelon Companies
seek recovery of such amounts, they should fully support these amounts
by providing detailed workpapers, as well as provide for the reduction
of the associated ADIT liabilities from rate base.
---------------------------------------------------------------------------

    \187\ The guidance that we are providing does not address Flow
Through Items. While Exelon Companies have not specified the date on
which they adopted full normalization, we do not expect that, if
Exelon Companies had begun amortization as of the date on which full
normalization occurred, ADIT associated with the adoption of full
normalization remains to be recovered.
---------------------------------------------------------------------------

    131. Exelon Companies may submit, for example, new FPA section 205
filings with a mechanism to refund or recover, as appropriate, deferred
income tax excesses and deficiencies related to the recent Tax Cuts and
Jobs Act and any future income tax changes, any new originations of
past income tax changes, and taxes on AFUDC Equity associated with
current and future years' depreciation expense. Should Exelon Companies
seek recovery of ADIT amounts in new FPA section 205 filings, they may
obtain such recovery or refund of excess or deficient ADIT to be
calculated as of the effective date in the new filings.
5. Limited Compliance Period
    132. We take this opportunity to provide guidance on what would
constitute a ``reasonable period of time'' to file for recovery under
Order No. 144. Consistent with the requirement in Order No. 144 that
FAS 109 recovery for ADIT excesses and deficiencies should at least be
addressed in the ``next rate case,'' we announce a limited period in
which public utilities may file to recover past ADIT if the public
utility did not file a rate case subsequent to the Commission's
issuance of Order No. 144 or if the public utility properly preserved
\188\ its right to recover past ADIT through settlement terms.\189\ If
one of these two conditions are met, we will permit a public utility to
make a FPA section 205 filing to revise its formula rate provisions to
allow for the refund or recovery of all previously incurred income tax
amounts as a result of full tax normalization within one year after
this order is published in the Federal Register, i.e. this one-year
time period continues to constitute ``a reasonable period of time''
under Order No. 144 to file for recovery.
---------------------------------------------------------------------------

    \188\ By ``properly preserved,'' we mean that the settlement of
the ``next rate case'' included terms that expressly reserved the
right of the utility to file to recover past ADIT in a future rate
case.
    \189\ While we find Exelon Companies did not expressly reserve
recovery of deferred income tax amounts for future consideration in
their settlements, we note that Order No. 144 permits a company to
reserve in a settlement such issues for future consideration. Order
No. 144 states that ``[t]he rule, of course, leaves undisturbed the
ability of the parties to reach a settlement on any of the issues
covered by the rule.'' Order No. 144, FERC Stats. & Regs. ] 30,254
at 31,519. Reading this sentence in the context of the rule, parties
may reach a settlement on any of the issues concerning the
ratemaking method for deferred income tax recovery, and if the
Commission approves the settlement, it complies with Order No. 144.
---------------------------------------------------------------------------

    133. Regarding the recovery of ADIT amounts incurred in the future
after the expiration of this limited compliance period, we also clarify
that it is the Commission's expectation that public utilities will make
FPA section 205 filings to recover such ADIT amounts within two years
after they are incurred.
    The Commission orders:
    The revisions to Exelon Companies' Formula Rates are hereby
rejected, as discussed in the body of this order.

    By the Commission.

    Issued: September 7, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-19994 Filed 9-13-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 84 (Friday, May 1, 2015)]
[Proposed Rules]
[Pages 24866-24869]
[FR Doc No: 2015-10216]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2015-0246]
RIN 1625-AA00

Safety Zone--Oil Exploration Staging Area in Dutch Harbor, AK

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard proposes temporary safety zones in the Port of
Dutch Harbor, Broad Bay, and adjacent navigable waters in the Dutch
Harbor area on June 15, 2015. The temporary safety zones would
encompass the navigable waters within a 25-yard radius of moored or
anchored offshore exploration or support vessels, and the navigable
waters within a 100-yard radius of underway offshore exploration or
support vessels. The purpose of the safety zones is to protect persons
and vessels during an unusually high volume of vessel traffic in the
Port of Dutch Harbor, and the adjacent territorial sea due to
additional vessel traffic associated with exploratory drilling
operations in the Chukchi and Beaufort seas during the summer of 2015.
Lawful demonstrations are permitted outside of the temporary safety
zones so long as they do not endanger the safety of vessels either
moored or anchored within the port, transiting through the port, or
transiting through the adjacent waters of the territorial sea.

DATES: Comments and related material must be received by the Coast
Guard on or before June 1, 2015.

ADDRESSES: You may submit comments identified by docket number USCG-
2015-0246 using any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility, Department of
Transportation, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590-0001. Deliveries accepted
between 9 a.m. and 5 p.m., Monday through Friday, except federal
holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email LT Heikki Laukkanen, Sector Anchorage Prevention, Coast
Guard; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If
you have questions on viewing or submitting material to the docket,
call Cheryl Collins, Program Manager, Docket Operations, telephone 202-
366-9826.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting

comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, (USCG-2015-0246), indicate the specific section of this
document to which each comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online at http://www.regulations.gov, or by fax, mail, or hand
delivery, but please use only one of these means. If you submit a
comment online via www.regulations.gov, it will be considered received
by the Coast Guard when you successfully transmit the comment. If you
fax, hand deliver, or mail your comment, it will be considered as
having been received by the Coast Guard when it is received at the
Docket Management Facility. We recommend you include your name and a
mailing address, an email address, or a telephone number in the body of
your document so that we can contact you if we have questions regarding
your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2015-0246] in the ``SEARCH'' box and click
``SEARCH.'' Click on ``Submit a Comment'' on the line associated with
this rulemaking.
    http://www.regulations.gov, click on the ``submit a comment'' box,
which will then become highlighted in blue. In the ``Document Type''
drop down menu select ``Proposed Rule'' and insert ``USCG-2015-0246''
in the ``Keyword'' box. Click ``Search'' then click on the balloon
shape in the ``Actions'' column. If you submit your comments by mail or
hand delivery, submit them in an unbound format, no larger than 8\1/2\
by 11 inches, suitable for copying and electronic filing. If you submit
comments by mail and would like to know that they reached the Facility,
please enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type http://www.regulations.gov, click on the docket number in the
``SEARCH'' box insert ``USCG-2015-0246'' and click ``SEARCH.'' Click on
Open Docket Folder on the line associated with this rulemaking. ``in
the ``Actions'' column.
    You may also visit the Docket Management Facility in Room W12-140
on the ground floor of the Department of Transportation West Building,
1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    The Coast Guard does not now plan to hold a public meeting you may
submit a request for one using one of the methods specified under
ADDRESSES. Please explain why you believe a public meeting would be
beneficial. If we determine one would aid this rulemaking, we will hold
one at a time and place announced by a later notice in the Federal
Register.

B. Regulatory History and Information

    Similar safety zones were implemented in previous years when oil
exploration equipment was staged in Dutch Harbor, most recently in
2012.

C. Basis and Purpose

    It is anticipated that vessels associated with exploratory drilling
operations will call upon the Port of Dutch Harbor en route to proposed
drilling sites in the Chukchi and Beaufort Seas. Based on information
provided by private entities affiliated with oil exploration
activities, the Coast Guard anticipates approximately 28 exploration or
support vessels will call on Dutch Harbor during the period of time
that the temporary safety zones are in effect. The addition of these
vessels in conjunction with the high volume of traffic operating within
the Port of Dutch Harbor creates a safety risk for all vessels
operating therein. Such risks include reduced ability to navigate
safely within the congested waterways of the port during the subject
time period. To address these risks, the Coast Guard is proposing
safety zones to ensure safe and efficient vessel transits within the
Port of Dutch Harbor and the adjacent territorial sea. The increased
maritime traffic through the Port of Dutch Harbor and the adjacent
territorial sea can potentially create a scenario where the safety of
vessels transiting through this area is placed at heightened risk.
    Based on the expectation of increased maritime traffic, the Coast
Guard believes temporary safety zones are needed to address safety
concerns for personnel aboard the support vessels, mariners operating
other vessels in the vicinity of Dutch Harbor, and to protect the
environment. The vessels and equipment anticipated to be staged within
these areas, due to their size and technical complexity, pose a safety
risk to vessels that attempt to navigate too closely to them. Limited
rescue capabilities are available in the area. In an effort to mitigate
the safety risks and any resulting environmental damage, the Coast
Guard is proposing temporary safety zones within the Port of Dutch
Harbor and the adjacent territorial sea. Enforcing temporary safety
zones for each offshore exploration or support vessel while they are on
the navigable waters in the Port of Dutch Harbor or the adjacent
territorial sea will help ensure the safety of all vessels, including
the diverse commercial fleets of Dutch Harbor.
    In evaluating this request, the Coast Guard explored relevant
safety factors and considered several criteria, including, but not
limited to: (1) The amount of commercial activity in and around the
Port of Dutch Harbor; (2) safety concerns for personnel aboard the
vessels; (3) sensitivity of the environment in the region and potential
adverse affects caused by a grounding, allision, or collision; (4) the
types and volume of vessels navigating in the vicinity of the Port of
Dutch Harbor; and (5) the need to allow for lawful demonstrations
without endangering the safe operations of support vessels. Vessels
transiting in the vicinity of the proposed safety zones could consist
of large commercial shipping vessels, fishing vessels, tugs and tows,
and recreational vessels. Any group or individual intending to conduct
lawful demonstrations in the vicinity of offshore exploration support
vessels must do so outside of the temporary safety zones.
    Results from a thorough and comprehensive examination of the five
criteria identified above, in conjunction with International Maritime
Organization guidelines and existing regulations, warrant establishment
of temporary safety zones. These would significantly reduce the threat
of

collisions, allisions, or other incidents which could endanger the
safety of all vessels operating on the navigable waters of the Port of
Dutch Harbor and the adjacent territorial sea.

D. Discussion of Proposed Rule

    For the reasons described above, the Coast Guard is proposing
temporary safety zones that would surround the designated vessels while
at anchor, moored or underway on the navigable waters of the Port of
Dutch Harbor and the adjacent territorial sea in order to mitigate the
potential safety risks associated with the increased vessel traffic.
The proposed temporary safety zones would encompass the waters within
25 yards of the support vessel if the support vessel is moored or at
anchor, and 100 yards if the support vessel is in transit.
    The proposed temporary safety zones would be located around moored
or moving vessels in the Port of Dutch Harbor, Broad Bay or adjacent
navigable waters encompassed within the area from Cape Cheerful at 54-
001 N 166-38.000 W, north to the limits of the U.S. territorial sea at
54-13.000 N 166-38.000 W, and from Princess Head at 53-59.000 N 166-
25.900 W, north to the limits of the U.S. territorial sea at 54-12.619
N 166-25.883 W.
    The proposed temporary safety zones would prohibit entry into the
zones unless specifically authorized by the Captain of the Port,
Western Alaska, or his designated on-scene representative. The zones
would be in effect from June 15 through July 1 to accommodate the
expected arrival of the vessels.

E. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes or executive orders.

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. The safety zone will
have negligible economic impact, as there will be ample room for
navigation around it.

2. Impact on Small Entities

    The proposed rule is not a significant regulatory action due to the
minimal impact this will have on standard vessel operations within the
port of Dutch Harbor because of the limited area affected and the
limited duration of the rule. The proposed safety zones are also
designed to allow vessels transiting through the area to safely travel
around the proposed safety zones without incurring additional costs.
    The Regulatory Flexibility Act of 1980 (RFA), (5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.
    This proposed rule could affect the following entities, some of
which might be small entities: The owners or operators of vessels
intending to transit through or anchor in within a portion of the Port
of Dutch Harbor or adjacent waters, from June 15, 2015, to July 15,
2015.
    This safety zone would not have a significant economic impact on a
substantial number of small entities for the following reasons: These
safety zone restrictions are only effective from June 15, 2015, to July
15, 2015, and are limited only to waters within 25 yards of the support
vessel if the support vessel is moored or at anchor, and 100 yards if
the support vessel is in transit.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rulemaking would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rulemaking would
affect your small business, organization, or governmental jurisdiction
and you have questions concerning its provisions or options for
compliance, please contact the person listed in the FOR FURTHER
INFORMATION CONTACT, above. The Coast Guard will not retaliate against
small entities that question or complain about this proposed rule or
any policy or action of the Coast Guard.

4. Collection of Information

    This proposed rule will not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520.).

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rulemaking does not have implications for
federalism.

6. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

7. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the effects of this
rulemaking elsewhere in this preamble.

8. Taking of Private Property

    This proposed rule would not cause a taking of private property or
otherwise have taking implications under Executive Order 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights.

9. Civil Justice Reform

    This proposed rule meets applicable standards in sections 3(a) and
3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize
litigation, eliminate ambiguity, and reduce burden.

10. Protection of Children From Environmental Health Risks

    We have analyzed this proposed rule under Executive Order 13045,
Protection of Children from Environmental Health Risks and Safety
Risks. This proposed rule is not an economically significant rule and
would not create an environmental risk to health or risk to safety that
might disproportionately affect children.

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. Specifically, the proposed
rule involves establishing a safety zone, which is categorically
excluded from further review under paragraph 34(g) of Figure 2-1 of the
Commandant Instruction. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
proposed rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures; Waterways.

    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS.

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T17-0246 to read as follows:

Sec.  165.T17-0246  Safety Zone; Port of Dutch Harbor; Dutch Harbor,
Alaska.

    (a) Location. The following areas are safety zones:
    (1) All navigable waters within a 25-yard radius of a moored or
anchored offshore exploration or support vessel, or within a 100-yard
radius of any underway offshore exploration or support vessel, located
within the Port of Dutch Harbor, Broad Bay or adjacent navigable waters
encompassed within the area from Cape Cheerful at 54-001 N 166-38.000
W, north to the limits of the U.S. territorial sea at 54-13.000 N 166-
38.000 W, and from Princess Head at 53-59.000 N 166-25.900 W, north to
the limits of the U.S. territorial sea at 54-12.619 N 166-25.883 W.
    (b) Effective date. The temporary safety zones become effective at
12:01 a.m., June 15, 2015, and terminate on 11:59 p.m., July 1, 2015,
unless sooner terminated by the Captain of the Port.
    (c) Regulations. The general regulations governing safety zones
contained in Sec.  165.23 apply to all vessels operating within the
area described in paragraph (a).
    (1) If a non-exploration or support vessel is moored or anchored
and an offshore exploration or support vessel transits near them such
that it places the moored or anchored vessel within the 100-yard safety
zone described in paragraph (a), the moored or anchored vessel must
remain stationary until the offshore exploration or support vessel
maneuvers to a distance exceeding the 100-yard safety zone.
    (2) All persons and vessels shall comply with the instructions of
the Captain of the Port (COTP) or designated on-scene representative,
consisting of commissioned, warrant, and petty officers of the Coast
Guard. Upon being hailed by a U.S. Coast Guard vessel by siren, radio,
flashing light or other means, the operator of a vessel shall proceed
as directed by the COTP's designated on-scene representative.
    (3) Entry into the safety zone is prohibited unless authorized by
the COTP or his designated on-scene representative. Any persons
desiring to enter the safety zone must contact the designated on-scene
representative on VHF channel 16 (156.800 MHz) and receive permission
prior to entering.
    (4) If permission is granted to transit within the safety zone, all
persons and vessels must comply with the instructions of the designated
on-scene representative.
    (5) The COTP, Western Alaska, will notify the maritime and general
public by marine information broadcast during the period of time that
the safety zones are in force by providing notice in accordance with 33
CFR 165.7.
    (d) Penalties. Persons and vessels violating this rule are subject
to the penalties set forth in 33. U.S.C. 1232 and 50 U.S.C. 192.

    Dated: April 14, 2015.
Paul Mehler, III,
Captain, U.S. Coast Guard, Captain of the Port, Western Alaska.
[FR Doc. 2015-10216 Filed 4-30-15; 8:45 am]
BILLING CODE 9110-04-P