Electronic Code of Federal Regulations: 40 CFR part 710
e-CFR data is current as of August 11, 2020
Title 40: Protection of Environment

PART 710 -- COMPILATION OF THE TSCA CHEMICAL SUBSTANCE INVENTORY

Contents
Subpart A -- General Provisions
§710.1   Scope and compliance.
§710.3   Definitions.
§710.4   Scope of the inventory.

Subpart B -- Commercial Activity Notification
§710.23   Definitions.
§710.25   Persons subject to the notification requirement.
§710.27   Activities for which notification is not required.
§710.29   Information required in the notification.
§710.30   When to submit notifications.
§710.33   Co-manufacturers and co-processors.
§710.35   Recordkeeping requirements.
§710.37   Confidentiality claims.
§710.39   Electronic filing.

Subpart C -- Review Plan
§710.41   Scope.
§710.43   Persons subject to substantiation requirement.
§710.45   Contents of substantiation.
§710.47   When to submit substantiation or information on previous substantiation.
§710.49   Failure to report.
§710.51   Electronic filing.
§710.53   Recordkeeping requirements.
§710.55   Claim review, duration of protection, TSCA Inventory maintenance, posting results, and extension.

    Authority: 15 U.S.C. 2607(a) and (b).
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Subpart A -- General Provisions

§710.1   Scope and compliance.
    (a) This part establishes regulations governing reporting and recordkeeping by certain persons who manufacture, import, or process chemical substances for commercial purposes under section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)) (TSCA). Section 8(a) authorizes the Administrator to require reporting of information necessary for administration of the Act and requires EPA to issue regulations for the purpose of compiling and keeping current an inventory of chemical substances manufactured or processed for a commercial purpose, as required by section 8(b) of the Act. Following an initial reporting period, EPA published an initial inventory of chemical substances manufactured, processed, or imported for commercial purposes. In accordance with section 8(b), EPA periodically amends the inventory to include new chemical substances which are manufactured or imported for a commercial purpose and reported under section 5(a)(1) of the Act. EPA also revises the categories of chemical substances and makes other amendments as appropriate.
    (b) This part applies to the activities associated with the compilation of the TSCA Chemical Substance Inventory (Inventory) and the designation of chemical substances on the TSCA Inventory as active or inactive in U.S. commerce.
    (c) Section 15(3) of TSCA makes it unlawful for any person to fail or refuse to submit information required under these reporting regulations. In addition, section 15(3) makes it unlawful for any person to fail to keep, and permit access to, records required by these regulations. Section 16 provides that any person who violates a provision of section 15 is liable to the United States for a civil penalty and may be criminally prosecuted. Pursuant to section 17, the Government may seek judicial relief to compel submission of section 8(a) information and to otherwise restrain any violation of section 15. (EPA does not intend to concentrate its enforcement efforts on insignificant clerical errors in reporting.)
    (d) Each person who reports under these regulations must maintain records that document information reported under these regulations and, in accordance with the Act, permit access to, and the copying of, such records by EPA officials.
[68 FR 887, Jan. 7, 2003, as amended at 76 FR 50859, Aug. 16, 2011; 76 FR 54933, Sept. 6, 2011; 82 FR 37539, Aug. 11, 2017]
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§710.3   Definitions.
    For purposes of this part:
    (a) The following terms will have the meaning contained in the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 321 et seq., and the regulations issued under such Act: Cosmetic, device, drug, food, and food additive. In addition, the term food includes poultry and poultry products, as defined in the Poultry Products Inspection Act, 21 U.S.C. 453 et seq.; meats and meat food products, as defined in the Federal Meat Inspection Act, 21 U.S.C. 60 et seq.; and eggs and egg products, as defined in the Egg Products Inspection Act, 21 U.S.C. 1033 et seq.
    (b) The term pesticide will have the meaning contained in the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq., and the regulations issued thereunder.
    (c) The following terms will have the meaning contained in the Atomic Energy Act of 1954, 42 U.S.C. 2014 et seq., and the regulations issued thereunder: Byproduct material, source material, and special nuclear material.
    (d) The following definitions also apply to this part:
    Act means the Toxic Substances Control Act (TSCA), 15 U.S.C. 2601 et seq.
    Administrator means the Administrator of the U.S. Environmental Protection Agency, any employee or authorized representative of the Agency to whom the Administrator may either herein or by order delegate his/her authority to carry out his/her functions, or any other person who will by operation of law be authorized to carry out such functions.
    Article means a manufactured item:
    (1) Which is formed to a specific shape or design during manufacture,
    (2) Which has end use function(s) dependent in whole or in part upon its shape or design during end use, and
    (3) Which has either no change of chemical composition during its end use or only those changes of composition which have no commercial purpose separate from that of the article and that may occur as described in §710.4(d)(5); except that fluids and particles are not considered articles regardless of shape or design.
    Byproduct means a chemical substance produced without a separate commercial intent during the manufacture, processing, use, or disposal of another chemical substance(s) or mixture(s).
    CASRN means Chemical Abstracts Service Registry Number.
    Chemical substance means any organic or inorganic substance of a particular molecular identity, including any combination of such substances occurring in whole or in part as a result of a chemical reaction or occurring in nature, and any chemical element or uncombined radical; except that "chemical substance" does not include:
    (1) Any mixture;
    (2) Any pesticide when manufactured, processed, or distributed in commerce for use as a pesticide;
    (3) Tobacco or any tobacco product, but not including any derivative products;
    (4) Any source material, special nuclear material, or byproduct material;
    (5) Any pistol, firearm, revolver, shells, and cartridges; and
    (6) Any food, food additive, drug, cosmetic, or device, when manufactured, processed, or distributed in commerce for use as a food, food additive, drug, cosmetic, or device.
    Commerce means trade, traffic, transportation, or other commerce:
    (1) Between a place in a State and any place outside of such State or
    (2) Which affects trade, traffic, transportation, or commerce between a place in a State and any place outside of such State.
    Customs territory of the United States means the 50 States, Puerto Rico, and the District of Columbia.
    Distribute in commerce and distribution in commerce means to sell in commerce, to introduce or deliver for introduction into commerce, or to hold after its introduction into commerce.
    Domestic means within the geographical boundaries of the 50 United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and any other territory or possession of the United States.
    EPA means the U.S. Environmental Protection Agency.
    Importer means any person who imports any chemical substance, including a chemical substance as part of a mixture or article, into the customs territory of the United States. "Importer" includes the person primarily liable for the payment of any duties on the merchandise or an authorized agent acting on his or her behalf. The term also includes, as appropriate,
    (1) The consignee,
    (2) The importer of record,
    (3) the actual owner if an actual owner's declaration and superseding bond has been filed in accordance with 19 CFR 141.20, or
    (4) The transferee, if the right to draw merchandise in a bonded warehouse has been transferred in accordance with subpart C of 19 CFR 144.
    Impurity means a chemical substance which is unintentionally present with another chemical substance.
    Intermediate means any chemical substance that is consumed, in whole or in part, in chemical reaction(s) used for the intentional manufacture of other chemical substance(s) or mixture(s), or that is intentionally present for the purpose of altering the rate(s) of such chemical reaction(s).
    Inventory means the TSCA Chemical Substance Inventory, which is EPA's comprehensive list of confidential and non-confidential chemical substances manufactured or processed in the United States for nonexempt commercial purpose that EPA compiled and keeps current under section 8(b) of the Act.
    Manufacture means to manufacture, produce, or import, for commercial purposes. Manufacture includes the extraction, for commercial purposes, of a component chemical substance from a previously existing chemical substance or complex combination of chemical substances. When a chemical substance, manufactured other than by import, is: (1) Produced exclusively for another person who contracts for such production, and (2) that other person specifies the identity of the chemical substance and controls the total amount produced and the basic technology for the plant process, then that chemical substance is co-manufactured by the producing manufacturer and the person contracting for such production.
    Manufacture for commercial purposes means: (1) To manufacture, produce, or import with the purpose of obtaining an immediate or eventual commercial advantage, and includes, among other things, the "manufacture" of any amount of a chemical substance or mixture (i) for commercial distribution, including for test marketing, or (ii) for use by the manufacturer, including use for product research and development or as an intermediate. (2) The term also applies to substances that are produced coincidentally during the manufacture, processing, use, or disposal of another substance or mixture, including byproducts that are separated from that other substance or mixture and impurities that remain in that substance or mixture. Byproducts and impurities without separate commercial value are nonetheless produced for the purpose of obtaining a commercial advantage, since they are part of the manufacture of a chemical substance for commercial purposes.
    Manufacturer means a person who manufactures a chemical substance.
    Mixture means any combination of two or more chemical substances if the combination does not occur in nature and is not, in whole or in part, the result of a chemical reaction; except that "mixture" does include (1) any combination which occurs, in whole or in part, as a result of a chemical reaction if the combination could have been manufactured for commercial purposes without a chemical reaction at the time the chemical substances comprising the combination were combined, and if all of the chemical substances comprising the combination are not new chemical substances, and (2) hydrates of a chemical substance or hydrated ions formed by association of a chemical substance with water, so long as the nonhydrated form is itself not a new chemical substance.
    New chemical substance means any chemical substance which is not included on the Inventory.
    Person includes any individual, firm, company, corporation, joint-venture, partnership, sole proprietorship, association, or any other business entity; any State or political subdivision thereof; any municipality; any interstate body; and any department, agency, or instrumentality of the Federal Government.
    Process means to process for commercial purposes. Process includes the preparation of a chemical substance or mixture, after its manufacture, (1) in the same form or physical state as, or in a different form or physical state from, that in which it was received by the person so preparing such substance or mixture, or (2) as part of a mixture or article containing the chemical substance or mixture.
    Process for commercial purposes means the preparation of a chemical substance or mixture after its manufacture for distribution in commerce with the purpose of obtaining an immediate or eventual commercial advantage for the processor. Processing of any amount of a chemical substance or mixture is included in this definition. If a chemical substance or mixture containing impurities is processed for commercial purposes, then the impurities also are processed for commercial purposes.
    Processor means any person who processes a chemical substance or mixture.
    Site means a contiguous property unit. Property divided only by a public right-of-way will be considered one site. More than one manufacturing plant may be located on a single site.
    (1) For chemical substances manufactured under contract, i.e., by a toll manufacturer, the site is the location where the chemical substance is physically manufactured.
    (2) The site for an importer who imports a chemical substance described in §710.25 is the U.S. site of the operating unit within the person's organization that is directly responsible for importing the chemical substance. The import site, in some cases, may be the organization's headquarters in the United States. If there is no such operating unit or headquarters in the United States, the site address for the importer is the U.S. address of an agent acting on behalf of the importer who is authorized to accept service of process for the importer.
    Small quantities solely for research and development (or "small quantities solely for purposes of scientific experimentation or analysis or chemical research on, or analysis of, such substance or another substance, including such research or analysis for the development of a product") means quantities of a chemical substance manufactured, imported, or processed or proposed to be manufactured, imported, or processed solely for research and development that are not greater than reasonably necessary for such purposes.
    State means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, or any other territory or possession of the United States.
    Technically qualified individual means a person:
    (1) Who because of his/her education, training, or experience, or a combination of these factors, is capable of appreciating the health and environmental risks associated with the chemical substance which is used under his/her supervision,
    (2) Who is responsible for enforcing appropriate methods of conducting scientific experimentation, analysis, or chemical research in order to minimize such risks, and
    (3) Who is responsible for the safety assessments and clearances related to the procurement, storage, use, and disposal of the chemical substance as may be appropriate or required within the scope of conducting the research and development activity. The responsibilities in this paragraph may be delegated to another individual, or other individuals, as long as each meets the criteria in paragraph (1) of this definition.
    Test marketing means the distribution in commerce of no more than a predetermined amount of a chemical substance, mixture, or article containing that chemical substance or mixture, by a manufacturer or processor to no more than a defined number of potential customers to explore market capability in a competitive situation during a predetermined testing period prior to the broader distribution of that chemical substance, mixture, or article in commerce.
    United States, when used in the geographic sense, means all of the States, territories, and possessions of the United States.
[68 FR 888, Jan. 7, 2003, as amended at 69 FR 40791, July 7, 2004; 76 FR 50859, Aug. 16, 2011; 76 FR 54933, Sept. 6, 2011; 82 FR 37539, Aug. 11, 2017]
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§710.4   Scope of the inventory.
    (a) Chemical substances subject to these regulations. Only chemical substances which are manufactured, imported, or processed "for a commercial purpose," as defined in §710.3(d), are subject to these regulations.
    (b) Naturally occurring chemical substances automatically included. Any chemical substance which is naturally occurring and:
    (1) Which is (i) unprocessed or (ii) processed only by manual, mechanical, or gravitational means; by dissolution in water; by flotation; or by heating solely to remove water; or
    (2) Which is extracted from air by any means, will automatically be included in the inventory under the category "Naturally Occurring Chemical Substances." Examples of such substances are: raw agricultural commodities; water, air, natural gas, and crude oil; and rocks, ores, and minerals.
    (c) Substances excluded by definition or section 8(b) of TSCA. The following substances are excluded from the inventory:
    (1) Any substance which is not considered a "chemical substance" as provided in subsection 3(2)(B) of the Act and in the definition of "chemical substance" in §710.3(d);
    (2) Any mixture as defined in §710.3(d);
    Note: A chemical substance that is manufactured as part of a mixture is subject to these reporting regulations. This exclusion applies only to the mixture and not to the chemical substances of which the mixture is comprised. The term "mixture" includes alloys, inorganic glasses, ceramics, frits, and cements, including Portland cement.
    (3) Any chemical substance which is manufactured, imported, or processed solely in small quantities for research and development, as defined in §710.3(d); and
    (4) Any chemical substance not manufactured, processed or imported for a commercial purpose since January 1, 1975.
    (d) Chemical substances excluded from the inventory. The following chemical substances are excluded from the inventory. Although they are considered to be manufactured or processed for a commercial purpose for the purpose of section 8 of the Act, they are not manufactured or processed for distribution in commerce as chemical substances per se and have no commercial purpose separate from the substance, mixture, or article of which they may be a part.
    Note: In addition, chemical substances excluded here will not be subject to premanufacture notification under section 5 of the Act.
    (1) Any impurity.
    (2) Any byproduct which has no commercial purpose.
    Note: A byproduct which has commercial value only to municipal or private organizations who (i) burn it as a fuel, (ii) dispose of it as a waste, including in a landfill or for enriching soil, or (iii) extract component chemical substances which have commercial value, may be reported for the inventory, but will not be subject to premanufacture notification under section 5 of the Act if not included.
    (3) Any chemical substance which results from a chemical reaction that occurs incidental to exposure of another chemical substance, mixture, or article to environmental factors such as air, moisture, microbial organisms, or sunlight.
    (4) Any chemical substance which results from a chemical reaction that occurs incidental to storage of another chemical substance, mixture, or article.
    (5) Any chemical substance which results from a chemical reaction that occurs upon end use of other chemical substances, mixtures, or articles such as adhesives, paints, miscellaneous cleansers or other housekeeping products, fuels and fuel additives, water softening and treatment agents, photographic films, batteries, matches, and safety flares, and which is not itself manufactured for distribution in commerce or for use as an intermediate.
    (6) Any chemical substance which results from a chemical reaction that occurs upon use of curable plastic or rubber molding compounds, inks, drying oils, metal finishing compounds, adhesives, or paints; or other chemical substances formed during manufacture of an article destined for the marketplace without further chemical change of the chemical substance except for those chemical changes that may occur as described elsewhere in this §710.4(d).
    (7) Any chemical substance which results from a chemical reaction that occurs when (i) a stabilizer, colorant, odorant, antioxidant, filler, solvent, carrier, surfactant, plasticizer, corrosion inhibitor, antifoamer or de-foamer, dispersant, precipitation inhibitor, binder, emulsifier, de-emulsifier, dewatering agent, agglomerating agent, adhesion promoter, flow modifier, pH neutralizer, sequesterant, coagulant, flocculant, fire retardant, lubricant, chelating agent, or quality control reagent functions as intended or (ii) a chemical substance, solely intended to impart a specific physicochemical characteristic, functions as intended.
    (8) Chemical substances which are not intentionally removed from the equipment in which they were manufactured.
    Note: See note to definition of "intermediate" at §710.3(d) for explanation of "equipment in which it was manufactured."
[42 FR 64572, Dec. 23, 1977, as amended at 68 FR 889, Jan. 7, 2003]
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Subpart B -- Commercial Activity Notification
    Source: 82 FR 37540, Aug. 11, 2017, unless otherwise noted.
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§710.23   Definitions.
    The following definitions also apply to subpart B of this part.
    Active substance means any interim active substance, any naturally occurring chemical substance as defined by §710.27(b), any chemical substance that was added to the Inventory on or after June 21, 2006 pursuant to a Notice of Commencement under §720.102 received by the Agency on or after June 21, 2006, and any chemical substance subject to commercial activity designation that the Administrator designates as active based on the receipt of a notice under this subpart.
    Central Data Exchange or CDX means EPA's centralized electronic document reporting portal, or its successors.
    Chemical Information Submission System or CISS means EPA's web-based reporting tool for preparing and submitting a Notice of Activity.
    Chemical substance subject to commercial activity designation means a chemical substance that requires a designation as either an active or an inactive substance. A chemical substance is subject to commercial activity designation if it is not an interim active substance, it was added to the Inventory before June 21, 2006, it is not a naturally occurring chemical substance as defined by §710.27(b), and it has not yet been designated by the Administrator as either an active or an inactive substance.
    e-NOA means EPA's software module within CISS for generating and completing Notice of Activity Forms A and B.
    Existing claim for protection of specific chemical identity against disclosure is a claim for protection of the specific chemical identity of a chemical substance that is listed on the confidential portion of the Inventory, asserted prior to June 22, 2016.
    Inactive substance means any chemical substance subject to commercial activity designation, that the Administrator designates as inactive based on the lack of receipt of a notice under this subpart, effective 90 days after the Administrator identifies the chemical substance for such designation.
    Interim active substance means any chemical substance that was reported, pursuant to 40 CFR part 711, as having been manufactured in and of the calendar years: 2010, 2011, 2012, 2013, 2014, or 2015.
    Known to or reasonably ascertainable by means all information in a person's possession or control, plus all information that a reasonable person similarly situated might be expected to possess, control, or know.
    Notice of Activity Form A means the form for supplying retrospective notification under TSCA section 8(b)(4), for which the submission obligation is described in §710.25(a).
    Notice of Activity Form B means the form for supplying forward-looking reporting under TSCA section 8(b)(5), for which the submission obligation is described in §710.25(c).
    Lookback period means the period beginning on June 21, 2006 and ending on June 21, 2016.
    Possession or Control means in the possession or control of any person, or of any subsidiary, partnership in which the person is a general partner, parent company, or any company or partnership which the parent company owns or controls, if the subsidiary, parent company, or other company or partnership is associated with the person in the research, development, test marketing, or commercial marketing of the chemical substance in question. Information is in the possession or control of a person if it is:
    (1) In the person's own files including files maintained by employees of the person in the course of their employment.
    (2) In commercially available data bases to which the person has purchased access.
    (3) Maintained in the files in the course of employment by other agents of the person who are associated with research, development, test marketing, or commercial marketing of the chemical substance in question.
    Reportable chemical substance means a chemical substance that is listed on the Inventory and that is either:
    (1) A chemical substance subject to commercial activity designation for which notification is required or allowed under §710.25(a) and §710.25(b),
    (2) A chemical substance that was added to the confidential portion of the Inventory before June 22, 2016, or (3) an inactive substance for which notification is required under §710.25(c).
    Submission period means the applicable period for submitting a Notice of Activity under §710.25.
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§710.25   Persons subject to the notification requirement.
    The following persons are subject to the requirements of this subpart.
    (a) Who must submit the Notice of Activity Form A? Any person who manufactured (including imported) a chemical substance subject to commercial activity designation at any time during the lookback period, except as provided in §710.27, must submit a Notice of Activity Form A as specified under §§710.29 and 710.30(a), unless such person has evidence in the form of a CDX receipt, documenting EPA's receipt of a Notice of Activity Form A from another person, for the same chemical substance, or unless the prior manufacturing of such a substance is not known to or reasonably ascertainable by the person. Evidence in the form of a CDX receipt for a Notice of Activity Form A is not a basis for exemption from the requirements of §710.25(c) if the chemical substance is ultimately designated as inactive due to withdrawal of the Notice of Activity Form A.
    (b) Who else may submit the Notice of Activity Form A? Any person not required to submit a Notice of Activity Form A under §710.25(a), who manufactured (including imported) or processed a reportable chemical substance, at any time during the lookback period, may submit a Notice of Activity Form A as specified under §§710.29 and 710.30(a).
    (c) Who must submit the Notice of Activity Form B? Any person who intends to manufacture (including import) or process an inactive substance, except as provided in §710.27, after the effective date of the Administrator's designation of such chemical substance as an inactive substance, must submit a Notice of Activity Form B as specified under §§710.29 and 710.30(b), unless the presence of the inactive substance on the confidential portion of the Inventory is not known to or reasonably ascertainable by the person.
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§710.27   Activities for which notification is not required.
    (a) In general. The following activities do not trigger notification requirements under this subpart:
    (1) The manufacturing or processing of a chemical substance in small quantities solely for research and development.
    (2) The import or processing of a chemical substance as part of an article.
    (3) The manufacturing or processing of a chemical substance as described in §720.30(g) or (h).
    (4) The manufacturing or processing of a chemical substance solely for export from the United States as described in §720.30(e) or §721.3, except where the Administrator has made a finding described in TSCA section 12(a)(2).
    (5) The manufacturing or processing of a chemical substance solely for test marketing purposes.
    (b) Manufacturing or processing naturally occurring chemical substances. The following activities do not trigger notification requirements under this subpart:
    (1) The manufacture of a naturally occurring chemical substance, as described in §710.4(b). Some chemical substances can be manufactured both as described in §710.4(b) and by means other than those described in §710.4(b). If a person manufactures a chemical substance by means other than those described in §710.4(b), this exemption is inapplicable, regardless of whether the chemical substance also could have been produced as described in §710.4(b). This exemption does not cover the manufacture of a chemical substance from a naturally occurring chemical substance.
    (2) The processing of a naturally occurring chemical substance only by manual, mechanical, or gravitational means; by dissolution in water; by flotation; or by heating solely to remove water.
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§710.29   Information required in the notification.
    (a) Reporting information to EPA. A person who reports information to EPA under this subpart must do so using the e-NOA software module, the CISS reporting tool, and the CDX electronic reporting portal provided by EPA at the addresses set forth in §710.39. For notices of activity under §§710.25(a) and 710.25(b), the submission must include all information described in paragraph (b) of this section. For a Notice of Activity under §710.25(c), the submission must include all information described in paragraph (c) of this section. A person must submit a separate notice for each chemical substance that the person is required to report. Using e-NOA and CISS and registering in CDX are described in instructions available from EPA at the Web sites set forth in §710.39.
    (b) Information to be reported on the Notice of Activity Form A. A person submitting a Notice of Activity Form A under §710.25(a) or §710.25(b) must submit the information specified in §710.29(d) for each reportable chemical substance. A person submitting information under §710.25(a) or §710.25(b) must report information to the extent that such information is known to or reasonably ascertainable by that person.
    (c) Information to be reported on a Notice of Activity Form B. Any person submitting a Notice of Activity Form B under §710.25(c) must provide the information described in this paragraph for each inactive substance intended to be manufactured or processed.
    (1) Information specified in §710.29(d).
    (2) The anticipated date by which the inactive substance is to be manufactured or processed in the United States. If the Notice of Activity Form B is filed prior to the effective date of the chemical substance's inactive designation, the most recent date of manufacturing or processing may be provided in lieu of an anticipated date.
    (d) Information to be reported on either the Notice of Activity Form A or Form B.
    (1) Company. The name and address of the submitting company.
    (2) Authorized official. The name and address of the authorized official for the submitting company.
    (3) Technical contact. The name and telephone number of a person who will serve as technical contact for the submitting company and who will be able to answer questions about the information submitted by the company to EPA.
    (4) Chemical-specific information. The system described under §710.29(a) will provide a list of reportable chemical substances from which a person can select his or her chemical. The list will include the correct CASRN and CA Index name used to list a non-confidential chemical substance on the Inventory. For confidential substances on the Inventory, the list will include the TSCA Accession Number and generic name.
    (i) If an importer submitting a notice cannot provide the information specified in §710.29(d)(4) because it is unknown to the importer and claimed as confidential by the supplier of the chemical substance or mixture, the importer must ask the supplier to provide the specific chemical identity information directly to EPA in a joint submission using the same e-NOA software module used for commercial activity reporting. Such request must refer the supplier to EPA's instructions for submitting chemical identity information electronically, using e-NOA, CISS, and CDX (see §710.39), and for clearly referencing the importer's submission. Contact information for the supplier, a trade name or other name for the chemical substance or mixture, and a copy of the request to the supplier must be included with the importer's submission.
    (ii) If a manufacturer or processor submitting a notice cannot provide the information specified in §710.29(d)(4) because the reportable chemical substance is manufactured or processed using a reactant having a specific chemical identity that is unknown to the manufacturer or processor and claimed as confidential by its supplier, the manufacturer or processor must ask the supplier of the confidential reactant to provide the specific chemical identity of the confidential reactant directly to EPA in a joint submission using the same e-NOA software module used for commercial activity reporting. Such request must refer the supplier to EPA's instructions for submitting chemical identity information electronically using e-NOA, CISS, and CDX (see §710.39), and for clearly referencing the manufacturer's or processor's submission. Contact information for the supplier, a trade name or other name for the chemical substance, and a copy of the request to the supplier must be included with the manufacturer's or processor's submission with respect to the chemical substance.
    (iii) Joint submissions must be submitted electronically using e-NOA, CISS, and CDX (see §710.39).
    (5) Certification statements. The authorized official must certify that the submitted information has been completed in compliance with the requirements of this part as described in this paragraph.
    (i) The certification must be signed and dated by the authorized official for the submitting company.
    (ii) The following is required certification language for an authorized official submitting a Notice of Activity Form A under §710.25(a) or §710.25(b): "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision and the information contained therein, to the best of my knowledge, is true, accurate, and complete. I also certify that I have manufactured, imported, or processed the above chemical between the dates of June 21, 2006 and June 21, 2016. I am aware it is unlawful to knowingly submit incomplete, false and/or misleading information, and there are significant criminal penalties for such unlawful conduct, including the possibility of fine and imprisonment."
    (iii) The following is required certification language for an authorized official submitting a Notice of Activity Form B under §710.25(c): "I certify under penalty of law that this document and all attachments were prepared under my direction or supervision and the information contained therein, to the best of my knowledge, is true, accurate, and complete. I also certify that I have intent to manufacture, import, or process the above chemical within 90 days of submission. I am aware it is unlawful to knowingly submit incomplete, false and/or misleading information, and there are significant criminal penalties for such unlawful conduct, including the possibility of fine and imprisonment."
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§710.30   When to submit notifications.
    (a) When must a Notice of Activity Form A be submitted? The Notice of Activity Form A required to be submitted under §710.25(a) must be submitted during the applicable submission period.
    (1) Manufacturers. The submission period for manufacturers under §§710.25(a) and 710.25(b) begins on August 11, 2017 and ends on February 7, 2018.
    (2) Processors. The submission period for processors under §710.25(b) begins on August 11, 2017 and ends on October 5, 2018.
    (3) Withdrawal of a Notice of Activity Form A. A Notice of Activity Form A submitted under §710.30(a)(1) or §710.30(a)(2) may be withdrawn by the submitter no later than October 5, 2018. If EPA receives a timely request to withdraw a previously submitted Notice of Activity Form A for a chemical substance subject to commercial activity designation, and EPA has not received a Notice of Activity Form A from another submitter for the same chemical substance, EPA will not designate the chemical substance as active. A Form A withdrawn under this paragraph will not satisfy the obligation under this rule to submit a Form A.
    (b) When must a Notice of Activity Form B be submitted? -- (1) Manufacturers and processors. The Notice of Activity Form B required to be submitted under §710.25(c) must be submitted before a person manufactures or processes the inactive substance, but not more than 90 days prior to the anticipated date of manufacturing or processing.
    (2) When else may a Notice of Activity Form B be submitted? A Notice of Activity Form B that will later be required to be submitted under §710.25(c) may be submitted during the 90-day period between EPA's identification of a chemical substance for inactive designation and the effective date for such designation, by a person who is currently manufacturing or processing such chemical substance or who anticipates manufacturing or processing such chemical substance within 90 days following submission.
    (3) When may EPA execute a request to withdraw a Notice of Activity Form B? If EPA receives a request to withdraw a previously submitted Notice of Activity Form B from the submitter of the Notice of Activity Form B and EPA has neither yet moved the subject chemical substance from the inactive to the active Inventory nor yet moved the subject chemical substance from the confidential portion of the Inventory to the public portion of the Inventory as a result of the original submission, then EPA may execute the request.
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§710.33   Co-manufacturers and co-processors.
    (a) Notice of Activity submitted by co-manufacturers. When, in a single instance of manufacturing or importing a particular volume of a chemical substance during the lookback period, two or more persons qualify as the manufacturer or importer of that volume, they may determine among themselves who should make the required submission under §710.25(a). If no notice is submitted as required under this subpart, EPA will hold each such person liable for failure to submit a notice.
    (b) Notice of Activity by prospective co-manufacturers or co-processors. If two or more persons intend to manufacture, import, or process a particular volume of an inactive substance, such that multiple persons would qualify as the manufacturer, importer, or processor of that volume, they may determine among themselves who will submit the required notice under §710.25(c). If no notice is submitted as required under this subpart, all of the persons remain subject to the reporting requirements, and EPA will hold each such person liable for a failure to submit a notice prior to the date of manufacturing, importing, or processing.
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§710.35   Recordkeeping requirements.
    Each person who is subject to the notification requirements of this part must retain records that document any information reported to EPA. Records relevant to a Notice of Activity under §§710.25(a) and 710.25(b) must be retained for a period of 5 years beginning on the last day of the submission period. Records relevant to a Notice of Activity under §710.25(c) must be retained for a period of 5 years beginning on the day that the notice was submitted.
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§710.37   Confidentiality claims.
    (a) Chemical identity. A person submitting information under this part may request to maintain an existing claim of confidentiality for the specific chemical identity of a reportable chemical substance, but may do so only if the identity of the chemical substance is listed on the confidential portion of the Inventory as of the time the notice is submitted for that chemical substance under this part. A request to maintain an existing claim of confidentiality must be made at the time the information is submitted. If no person submitting the information specified in §710.29(d)(4) for a particular chemical substance requests that the claim be maintained, EPA will treat the specific chemical identity of that chemical substance as not subject to a confidentiality claim and will move the chemical substance to the public portion of the Inventory. Except as set forth in this subsection, information claimed as confidential in accordance with this section will be treated and disclosed in accordance with the procedures in 40 CFR part 2, subpart B.
    (1) Notice of Activity Form A. A person requesting to maintain an existing claim of confidentiality for specific chemical identity may submit with the notice answers to the questions in paragraphs (c)(1) and(c)(2) of this section, signed and dated by an authorized official. If these answers are submitted less than five years before the date on which substantiation is due pursuant to TSCA section 8(b)(4)(D)(i), the answers will be deemed to be substantiations made under TSCA section (8)(b)(4)(D)(i) and the person will be exempt from further substantiation requirements under TSCA section (8)(b)(4)(D)(i). Answers that do not include the answers to all applicable questions in paragraph (c) of this section will not be deemed to be substantiations made under the TSCA section (8)(b)(4)(D)(i) requirement.
    (2) Notice of Activity Form B. A person requesting to maintain an existing claim of confidentiality for specific chemical identity must submit answers to the questions in paragraphs (c)(1) and (c)(2) of this section within 30 days of submitting the notice, signed and dated by an authorized official. If this information is not submitted within 30 days of submitting the notice, EPA will consider the confidentiality claim as deficient, so that the specific chemical identity is not subject to a confidentiality claim, and may make the information public without further notice.
    (i) Persons who submitted the information described in paragraph (a)(2) of this section before May 5, 2020 must submit answers to the questions in paragraphs (c)(2)(ii) and (iii) of this section not later than June 4, 2020.
    (ii) [Reserved]
    (b) Information other than specific chemical identity. A person submitting information under this part may assert a claim of confidentiality for information other than specific chemical identity. Any such confidentiality claim must be made at the time the information is submitted. Except as set forth in this section, information claimed as confidential in accordance with this subsection will be treated and disclosed in accordance with 40 CFR part 2, subpart B. A person asserting a claim of confidentiality under this subsection must submit with the notice answers to the questions in paragraph (c)(1) of this section, signed and dated by an authorized official. If no claim is asserted at the time the information is submitted, or if the answers to the questions in paragraph (c)(1) of this section are not provided, EPA will consider the information as not subject to a confidentiality claim and may make the information public without further notice.
    (c) Substantiation questions. Persons asserting that information is exempt from substantiation pursuant to TSCA section 14(c)(2) must answer only the question in paragraph (c)(1)(i) of this section.
    (1) Substantiation questions for any confidentiality claim. For any information with a confidentiality claim that you assert is exempt from substantiation pursuant to TSCA section 14(c)(2), answer only the question in paragraph (c)(1)(i) of this section. For all other information with a confidentiality claim, answer the questions in paragraphs (c)(1)(ii) through (vi) of this section. If more than one data element on Form A or Form B is claimed as confidential, you must answer the applicable questions individually for each data element. If the answer to a question applies for all confidentiality claims on the form, indicate this in your substantiation response.
    (i) Do you believe that the information is exempt from substantiation pursuant to TSCA section 14(c)(2)? If you answered yes, you must individually identify the specific information claimed as confidential and specify the applicable exemption(s).
    (ii) Will disclosure of the information likely result in substantial harm to your business's competitive position? If you answered yes, describe with specificity the substantial harmful effects that would likely result to your competitive position if the information is made available to the public.
    (iii) To the extent your business has disclosed the information to others (both internally and externally), what precautions has your business taken? Identify the measures or internal controls your business has taken to protect the information claimed as confidential: Non-disclosure agreement required prior to access; access is limited to individuals with a need-to-know; information is physically secured; other internal control measure(s). If yes, explain.
    (iv) Does the information appear in any public documents, including (but not limited to) safety data sheets, advertising or promotional material, professional or trade publication, or any other media or publications available to the general public? If you answered yes, explain why the information should be treated as confidential.
    (v) Is the claim of confidentiality intended to last less than 10 years? If so, indicate the number of years (between 1-10 years) or the specific date/occurrence after which the claim is withdrawn.
    (vi) Has EPA, another federal agency, or court made any confidentiality determination regarding information associated with this chemical substance? If you answered yes, explain the outcome of that determination and provide a copy of the previous confidentiality determination or any other information that will assist in identifying the prior determination.
    (2) Substantiation for confidentiality claims for specific chemical identity. (i) Is the confidential chemical substance publicly known to have ever been offered for commercial distribution in the United States? If you answered yes, explain why the information should be treated as confidential.
    (ii) Does this particular chemical substance leave the site of manufacture (including import) or processing in any form, e.g., as a product, effluent, or emission? If yes, please explain what measures have been taken, if any, to guard against the discovery of its identity.
    (iii) If the chemical substance leaves the site in a form that is available to the public or your competitors, can the chemical identity be readily discovered by analysis of the substance (e.g., product, effluent, or emission), in light of existing technologies and any costs, difficulties, or limitations associated with such technologies? Please explain why or why not.
    (d) Confidentiality of substantiation. If any of the information contained in the answers to the questions listed in paragraph (c)(1) or (c)(2) of this section is claimed as confidential business information, the submitter must clearly indicate such by marking the substantiation as confidential business information as provided in a Notice of Activity Form A or Form B.
    (e) Certification statement for claims. An authorized official of a person submitting or substantiating a claim of confidentiality or a request to maintain an existing claim of confidentiality for specific chemical identity must certify that the submission complies with the requirements of this part by signing and dating the following certification statement: "I certify that all claims for confidentiality made or sought to be maintained with this submission are true and correct, and all information submitted herein to substantiate such claims is true and correct. Any knowing and willful misrepresentation is subject to criminal penalty pursuant to 18 U.S.C. 1001." I further certify that it is true and correct that:
    (1) My company has taken reasonable measures to protect the confidentiality of the information;
    (2) I have determined that the information is not required to be disclosed or otherwise made available to the public under any other Federal law;
    (3) I have a reasonable basis to conclude that disclosure of the information is likely to cause substantial harm to the competitive position of my company; and
    (4) I have a reasonable basis to believe that the information is not readily discoverable through reverse engineering.
[82 FR 37540, Aug. 11, 2017, as amended at 85 FR 13067, Mar. 6, 2020]
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§710.39   Electronic filing.
    (a) EPA will accept information submitted under this subpart only if submitted in accordance with this section. All information must be submitted electronically to EPA via CDX. Prior to submission to EPA via CDX, Notices of Activity and any associated information must be generated and completed using the e-NOA software module.
    (b) Obtain instructions for registering in CDX as follows:
    (1) Web site. The CDX Registration User Guide is available at https://www.epa.gov/sites/production/files/documents/cdx____registration____guide____v0____02.pdf. To register in CDX, go to https://cdx.epa.gov and follow the appropriate links.
    (2) Telephone. Contact the EPA CDX Help Desk at 1-888-890-1995.
    (3) Email. Email the EPA CDX Help Desk at<EMAIL_ADDRESS>    (c) Obtain instructions for using CISS and the e-NOA software module as follows:
    (1) Web site. Go to the EPA New Chemicals under the Toxic Substances Control Act Web site at https://www.epa.gov/reviewing-new-chemicalsunder-toxic-substances-control-act-tsca/how-submit-e-pmn and follow the appropriate links.
    (2) Telephone. Contact the EPA TSCA Hotline at 1-202-554-1404.
    (3) Email. Email the EPA TSCA Hotline at<EMAIL_ADDRESS> Back to Top
Subpart C -- Review Plan
    Source: 85 FR 13068, Mar. 6, 2020, unless otherwise noted.
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§710.41   Scope.
    This subpart applies to the substantiation and review of claims of confidentiality asserted in Notices of Activity Form A to protect the specific chemical identities of chemical substances.
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§710.43   Persons subject to substantiation requirement.
    (a) Who must substantiate. Any person who filed a Notice of Activity Form A requesting to maintain an existing confidentiality claim for a specific chemical identity must substantiate that confidentiality claim as specified in §§710.45 and 710.47 unless eligible for an exemption in paragraph (b) of this section.
    (b) Exemptions. (1) Any person who completed the voluntary substantiation process set forth in §710.37(a)(1) is exempt from the substantiation requirement of this subpart pertaining to the submission of answers to the questions in §710.45(b)(1) through (6). All remaining requirements of §710.45 must be met in accordance with the deadline specified in §710.47(a), including the requirement to submit answers to the questions in §710.45(b)(7) and (8), signed and dated by an authorized official, and to complete the certification statement in §710.37(e).
    (2) A person who has previously substantiated the confidentiality claim for a specific chemical identity that the person requested to maintain in a Notice of Activity Form A, by submitting information that is responsive to all questions in §710.45, is exempt from the substantiation requirement of this subpart if both of the following conditions are met:
    (i) The previous substantiation was submitted to EPA on or after November 1, 2015; and
    (ii) The person reports to EPA the submission date, submission type, and case number, transaction ID, or equivalent identifier for the previous submission that contained the substantiation, not later than the deadline specified in §710.47.
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§710.45   Contents of substantiation.
    (a) The submission. A person substantiating a confidentiality claim for a specific chemical identity must submit written answers to the questions in paragraph (b) of this section, signed and dated by an authorized official, and complete the certification statement in §710.37(e). If any of the information contained in the answers to the questions listed in paragraph (b) of this section is itself claimed as confidential, the submitter must clearly indicate such by marking that information as confidential business information.
    (b) Substantiation questions. (1) Will disclosure of the information claimed as confidential likely cause substantial harm to your business's competitive position? If you answered yes, describe the substantial harmful effects that would likely result to your competitive position if the information is disclosed, including but not limited to how a competitor could use such information and the causal relationship between the disclosure and the harmful effects.
    (2) To the extent your business has disclosed the information to others (both internally and externally), has your business taken precautions to protect the confidentiality of the disclosed information? If yes, please explain and identify the specific measures, including but not limited to internal controls, that your business has taken to protect the information claimed as confidential.
    (3)(i) Is any of the information claimed as confidential required to be publicly disclosed under any other Federal law? If yes, please explain.
    (ii) Does any of the information claimed as confidential otherwise appear in any public documents, including (but not limited to) safety data sheets; advertising or promotional material; professional or trade publications; state, local, or Federal agency files; or any other media or publications available to the general public? If yes, please explain why the information should be treated as confidential.
    (iii) Does any of the information claimed as confidential appear in one or more patents or patent applications? If yes, please provide the associated patent number or patent application number (or numbers) and explain why the information should be treated as confidential.
    (4) Is the claim of confidentiality intended to last less than 10 years? If yes, please indicate the number of years (between 1-10 years) or the specific date/occurrence after which the claim is withdrawn.
    (5) Has EPA, another Federal agency, or court made any confidentiality determination regarding information associated with this chemical substance? 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.
    (6) Is the confidential chemical substance publicly known (including by your competitors) to have ever been offered for commercial distribution in the United States? If yes, please explain why the specific chemical identity should still be afforded confidential status (e.g., the chemical substance 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 chemical substance in the United States is publicly available).
    (7) Does this particular chemical substance leave the site of manufacture (including import) or processing in any form, e.g., as a product, effluent, or emission? If yes, please explain what measures have been taken, if any, to guard against the discovery of its identity.
    (8) If the chemical substance leaves the site in a form that is available to the public or your competitors, can the chemical identity be readily discovered by analysis of the substance (e.g., product, effluent, or emission), in light of existing technologies and any costs, difficulties, or limitations associated with such technologies? Please explain why or why not.
 Back to Top
§710.47   When to submit substantiation or information on previous substantiation.
    (a) All persons required to substantiate a confidentiality claim pursuant to §710.43(a) or (b)(1) must submit their substantiation not later than November 1, 2020.
    (b) All persons who seek an exemption under §710.43(b)(2) must submit the information specified in §710.43(b)(2)(ii) not later than November 1, 2020.
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§710.49   Failure to report.
    If neither the substantiation required under §710.43(a) or (b)(1), nor the information specified in §710.43(b)(2)(ii), is submitted to EPA in accordance with the provisions of this subpart, then EPA will deny the confidentiality claim in accordance with the procedures set forth in TSCA section 14(g)(2) and 40 CFR part 2, subpart B.
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§710.51   Electronic filing.
    EPA will accept information submitted under this subpart only if submitted in accordance with §710.39.
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§710.53   Recordkeeping requirements.
    Each person who is subject to this part must retain records that document any information reported to EPA. Records must be retained for a period of 5 years beginning on the last day of the submission period.
 Back to Top
§710.55   Claim review, duration of protection, TSCA Inventory maintenance, posting results, and extension.
    (a) Review criteria and procedures. Except as set forth in this subpart, confidentiality claims for specific chemical identities asserted in Notices of Activity Form A will be reviewed and approved or denied in accordance with the criteria and procedures in TSCA section 14 and 40 CFR part 2, subpart B.
    (b) Duration of protection from disclosure. Except as provided in 40 CFR part 2, subpart B, and section 14 of TSCA, a specific chemical identity that is the subject of an approved confidentiality claim under this subpart will be protected from disclosure for a period of 10 years from the date on which the confidentiality claim was first asserted by any submitter after June 22, 2016, unless, prior to the expiration of the period, the claimant notifies EPA that the person is withdrawing the confidentiality claim, in which case EPA will not protect the information from disclosure; or EPA otherwise becomes aware that the information does not qualify for protection from disclosure, in which case EPA will take the actions described in TSCA section 14(g)(2) to notify the claimant of EPA's intent to disclose the information.
    (c) Updating the TSCA Inventory. EPA will periodically update the TSCA Inventory based on the results of the reviews of the confidentiality claims asserted in Notices of Activity Form A.
    (d) Posting of annual goals and numbers of reviews completed. At the beginning of each calendar year until all reviews are completed, EPA will publish an annual goal for reviews and the number of reviews completed in the prior year on the Agency website. Determination of annual review goals will take into consideration the number of claims needing review, available resources, and a target completion date for all reviews under this subpart not later than February 19, 2024.
    (e) Extension. If EPA determines that the target completion date in paragraph (d) of this section cannot be met based on the number of claims needing review and the available resources, then EPA will publish a document in the Federal Register announcing the extension of the deadline to complete its review of all confidentiality claims under this subpart for not more than two additional years, together with an explanation of the reasons for the extension.


[Federal Register Volume 83, Number 152 (Tuesday, August 7, 2018)]
[Notices]
[Page 38691]
[FR Doc No: 2018-16818]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER18-2067-000]

Supplemental Notice That Initial Market-Based Rate Filing
Includes Request for Blanket Section 204 Authorization; Minco Wind V,
LLC

    This is a supplemental notice in the above-referenced proceeding of
Minco Wind V, LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE, Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is August 16, 2018.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
[email protected]. or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: July 27, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-16818 Filed 8-6-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Rules and Regulations]
[Page 16106]
[FR Doc No: 2017-06448]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-0239]

Drawbridge Operation Regulation; Chincoteague Channel,
Chincoteague Island, VA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the SR 175 Bridge which carries SR 175
across the Chincoteague Channel, mile 3.5 (physically situated at mile
3.9), at Chincoteague Island, VA. The deviation is necessary to
facilitate the biennial bridge inspection. This deviation allows the
bridge to remain in the closed-to-navigation position.

DATES: The deviation is effective from 11 a.m. through 2 p.m. on
Thursday, April 6, 2017.

ADDRESSES: The docket for this deviation, [USCG-2017-0239] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Mr. Michael Thorogood, Bridge
Administration Branch Fifth District, Coast Guard; telephone 757-398-
6557, email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Virginia Department of Transportation,
owner and operator of the SR 175 Bridge that carries SR 175 across the
Chincoteague Channel, mile 3.5 (physically situated at mile 3.9), at
Chincoteague Island, VA, has requested a temporary deviation from the
current operating schedule to facilitate the biennial bridge inspection
of the bascule span for the drawbridge. The bridge has a vertical
clearance of 15 feet above mean high water (MHW) in the closed position
and unlimited vertical clearance in the open position.
    The current operating schedule is set out in 33 CFR 117.1005. Under
this temporary deviation, the bridge will be maintained in the closed-
to-navigation position from 11 a.m. through 2 p.m. on Thursday, April
6, 2017. The Chincoteague Channel is used by a variety of vessels
including public vessels, small commercial vessels, tug and barge
traffic, and recreational vessels. The Coast Guard has carefully
coordinated the restrictions with waterway users in publishing this
temporary deviation.
    Vessels able to pass through the bridge in the closed-to-navigation
position may do so at any time. The bridge will be able to open for
emergencies, if at least 30 minutes notice is given, and there is no
immediate alternative route for vessels unable to pass through the
bridge in the closed position. The Coast Guard will also inform the
users of the waterway through our Local Notice and Broadcast Notices to
Mariners of the change in operating schedule for the bridge so that
vessel operators can arrange their transits to minimize any impact
caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: March 28, 2017.
Hal R. Pitts,
Bridge Program Manager, Fifth Coast Guard District.
[FR Doc. 2017-06448 Filed 3-31-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 78 (Friday, April 22, 2016)]
[Notices]
[Pages 23765-23767]
[FR Doc No: 2016-09318]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77637; File No. SR-BatsEDGA-2016-06]

Self-Regulatory Organizations; Bats EDGA Exchange, Inc.; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Adopt Exchange Rule 14.10 Setting Forth Additional Requirements for the
Listing of Securities That Are Issued by the Exchange or Any of Its
Affiliates

April 18, 2016.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on April 13, 2016, Bats EDGA Exchange, Inc. (the ``Exchange'' or
``EDGA'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to adopt Exchange Rule 14.10 setting
forth additional requirements for the listing of securities that are
issued by the Exchange or any of its affiliates as well as the
monitoring of such securities' trading activity on the Exchange.
Proposed Rule 14.10 is based on Bats BZX Exchange, Inc. (``BZX'') Rule
14.3(e), which was recently amended and filed for immediate
effectiveness with the Commission.\5\
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    \5\ See SR-BatsBZX-2016-08 (filed for immediate effectiveness on
April 13, 2016). See also Securities Exchange Act Release No. 66580
(March 13, 2012), 77 FR 16110 (March 19, 2012) (SR-BATS-2012-012).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts of such
statements.

(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange is proposing to adopt Rule 14.10 setting forth
reporting requirements on the Exchange should the Exchange or EDGA
Affiliate list a security on the Exchange (the ``Affiliate Security'').
Proposed Rule 14.10(a)(1) would define ``EDGA Affiliate'' as ``the
Exchange and any entity that directly or indirectly, through one or
more intermediaries, controls, is controlled by, or is under common
control with the Exchange, where ``control'' means that one entity
possesses, directly or indirectly, voting control of the other entity
either through ownership of capital stock or other equity securities or
through majority representation on the board of directors or other
management body of such entity.'' Proposed Rule 14.10(a)(2) would
define ``Affiliate Security'' as ``any security issued by an EDGA
Affiliate or any Exchange-listed option on any such security, with the
exception of Portfolio Depositary Receipts as defined in Rule 14.8(d)
and Investment Company Units as defined in Rule 14.2.'' \6\
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    \6\ The Exchange notes that BZX Rule 14.3(e)(1)(B) excludes
Index Fund Shares as defined under BZX Rule 14.11(c). The Exchange
rules do not currently define Index Fund Shares. Therefore, the
Exchange proposes to exclude Investment Company Unit as defined
under Exchange Rule 14.2 as it believes Investment Company Units to
be synonymous with Index Fund Shares.
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    In the event that an EDGA Affiliate seeks to list an Affiliate
Security, paragraph (b)(1) of proposed Rule 14.10 would require that
prior to the initial listing of the Affiliate Security on the Exchange,
Exchange personnel shall determine that such security satisfies the
Exchange's rules for listing, and such finding must be approved by the
Regulatory Oversight Committee of the Exchange's Board of Directors.
    Proposed paragraph (b)(2) of proposed Rule 14.10 would state that
throughout the continued listing of the Affiliate Security on the
Exchange, the Exchange will prepare a quarterly report for the
Regulatory Oversight Committee of the Exchange's Board of Directors and
that such report describe the Exchange's monitoring of the Affiliate
Security's compliance with the Exchange's listing standards. Sub-
paragraph (A) of proposed Rule 14.10(b)(2) would require the report
include a description of the Affiliate Security's compliance with the
Exchange's minimum share price requirement, and, sub-paragraph (B)
would require the report to describe the

Affiliate Security's compliance with each of the quantitative continued
listing requirements.
    Sub-paragraph (3) of proposed Rule 14.10(b) would require the
Exchange to commission an annual review and report by an independent
accounting firm of the compliance of the Affiliate Security with the
Exchange's listing requirements. The Exchange would be required to
promptly furnish a copy of this annual report to the Regulatory
Oversight Committee of the Exchange's Board of Directors.
    Sub-paragraph (4) of proposed Rule 14.10(b) would state that in the
event the Exchange determines that the EDGA Affiliate is not in
compliance with any of the Exchange's listing standards, the Exchange
is required to notify the issuer of such non-compliance promptly and
request a plan of compliance. The Exchange would also be required to
file a report with the Commission within five business days of
providing such notice to the issuer of its non-compliance. The required
report would identify the date of the non-compliance, type of non-
compliance, and any other material information conveyed to the issuer
in the notice of non-compliance. Within five business days of receipt
of a plan of compliance from the issuer, the Exchange would again be
required to notify the Commission of such receipt, whether the plan of
compliance was accepted by the Exchange or what other action was taken
with respect to the plan and the time period provided to regain
compliance with the Exchange's listing standards, if any.
    Sub-paragraph (c) of proposed Rule 14.10 would require that
throughout the trading of an Affiliate Security on the Exchange, the
Exchange prepare a quarterly report on the Affiliate Security for the
Regulatory Oversight Committee of the Exchange's Board of Directors
that describes the Exchange's monitoring of the trading of the
Affiliate Security, including summaries of all related surveillance
alerts, complaints, regulatory referrals, trades cancelled or adjusted
pursuant to Exchange Rules, investigations, examinations, formal and
informal disciplinary actions, exception reports and trading data used
to ensure the Affiliate Security's compliance with the Exchange's
listing and trading rules.
    Lastly, paragraph (d) of proposed Rule 14.10 would require the
Exchange to promptly provide a copy of the reports required by sub-
paragraphs (b) and (c) described above to the Commission.
    The listing of an Affiliate Security or where an Affiliate Security
is traded on the Exchange could potentially create a conflict of
interest between the Exchange's self-regulatory responsibility to
vigorously oversee the listing and trading of the stock on its market,
and its own commercial or economic interests. Such ``self-listing'' may
raise questions as to the Exchange's ability to independently and
effectively enforce its rules against an affiliate or the operator/
owner of its facility. In addition, such listing has the potential to
exacerbate possible conflicts that may arise when the Exchange oversees
competitors that may also be listed or traded on the Exchange. The
Exchange believes that the proposed rule change, by requiring
heightened reporting by the Exchange to the Regulatory Oversight
Committee of the Exchange's Board of Directors and the Commission with
respect to the Exchange's oversight of the listing and trading on the
Exchange of any EDGA Affiliate Security, will help protect against any
concern that the Exchange will not effectively enforce its rules with
respect to the listing and trading of these securities. In addition,
the requirements that an independent accounting firm review such
issuer's compliance with the Exchange's listing standards adds a degree
of independent oversight to the Exchange's regulation of the listing of
these securities and should help mitigate against any potential or
actual conflicts of interest. The Exchange also believes that these
additional requirements contained in the proposed rule change would
provide additional assurance that any Affiliate Securities listed and
traded on the Exchange by an EDGA Affiliate comply with the Exchange's
listing standards and trading rules on an on-going basis. Finally, the
Exchange believes that the proposed rule change would eliminate any
perception of a potential conflict of interest if an EDGA Affiliate
seeks to list a security on the Exchange or if an Affiliate Security is
traded on the Exchange.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\7\ Specifically, the
proposed change is consistent with Section 6(b)(5) of the Act,\8\
because it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to, and perfect
the mechanism of, a free and open market and a national market system.
Specifically, the Exchange believes that the proposed rule change, by
requiring heightened reporting by the Exchange to the Regulatory
Oversight Committee of the Exchange's Board of Directors and the
Commission with respect to oversight of the listing and trading on the
Exchange of Affiliate Securities, will help protect against concerns
that the Exchange will not effectively enforce its rules with respect
to the listing and trading of these securities. In addition, the
requirement that an independent accounting firm review such issuer's
compliance with the Exchange's listing standards adds a degree of
independent oversight to the Exchange's regulation of the listing of
these securities, which may mitigate any potential or actual conflicts
of interest. Further, the additional requirements contained in the
proposed rule change would help to provide additional assurance: (i)
That any Affiliate Securities listed on the Exchange by an EDGA
Affiliate comply with the Exchange's listing standards both upon the
initial listing of the EDGA Affiliate and on an on-going basis; and
(ii) regarding the Exchange's monitoring of the trading of the
Affiliate Security traded on the Exchange. The Exchange believes that
the proposed rule change would eliminate any perception of a potential
conflict of interest if an EDGA Affiliate seeks to list a security on
the Exchange and where an Affiliate Security is traded on the Exchange.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed rule change is
not designed to address any competitive issues, but rather set forth
the Exchange's controls that are in place to address the potential
conflicts of interest that may arise in the listing of Affiliate
Securities on the Exchange.

(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    The Exchange has filed the proposed rule change pursuant to Section

19(b)(3)(A)(iii) of the Act \9\ and Rule 19b-4(f)(6) thereunder.\10\
Because the proposed rule change does not: (i) Significantly affect the
protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-
4(f)(6) thereunder.\12\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 15 U.S.C. 78s(b)(3)(A).
    \12\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) under the Act
\13\ normally does not become operative for 30 days after the date of
filing. However, Rule 19b-4(f)(6)(iii) \14\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
waiver of the operative delay will allow the Exchange to implement the
proposed rule change immediately in the event an Affiliate seeks to
list on the Exchange or an Affiliate Security is traded on the
Exchange. The Exchange further states that providing the reports
required by the rule is in the best interest of investors and the
public interest because it would provide greater transparency to market
participants regarding the controls in place to address the potential
conflicts of interest that may arise in the listing and trading of
Affiliate Securities on the Exchange. Based on the foregoing, the
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public
interest.\15\ The Commission hereby grants the Exchange's request and
designates the proposal operative upon filing.
---------------------------------------------------------------------------

    \13\ 17 CFR 240.19b-4(f)(6).
    \14\ 17 CFR 240.19b-4(f)(6)(iii).
    \15\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BatsEDGA-2016-06 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-BatsEDGA-2016-06. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of the filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsEDGA-2016-06 and should
be submitted on or before May 13, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-09318 Filed 4-21-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 232 (Thursday, December 3, 2015)]
[Rules and Regulations]
[Pages 75636-75638]
[FR Doc No: 2015-30541]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R06-OAR-2012-0400; FRL-9939-47-Region 6]

Approval and Promulgation of Implementation Plans; New Mexico;
Albuquerque-Bernalillo County; Infrastructure and Interstate Transport
State Implementation Plan for the 2008 Lead National Ambient Air
Quality Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is approving a State Implementation Plan (SIP) submission
from the Governor of New Mexico for the City of Albuquerque-Bernalillo
County for the 2008 Lead (Pb) National Ambient Air Quality Standards
(NAAQS). The submittal addresses how the existing SIP provides for
implementation, maintenance, and enforcement of the 2008 Pb NAAQS
(infrastructure SIP or i-SIP). This i-SIP ensures that the State's SIP
for Albuquerque-Bernalillo County is adequate to meet the state's
responsibilities under the Federal Clean Air Act (CAA or Act),
including the four CAA requirements for interstate transport of Pb
emissions.

DATES: This final rule is effective on January 4, 2016.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-R06-OAR-2012-0400. All documents in the docket are listed on
the http://www.regulations.gov Web site. Although listed in the index,
some information is not publicly available, e.g., Confidential Business
Information or other information whose disclosure is restricted by
statute. Certain other material, such as copyrighted material, is not
placed on the Internet and will be publicly available only in hard copy
form. Publicly available docket materials are available either
electronically through http://www.regulations.gov or in hard copy at
EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas 75202-2733.

FOR FURTHER INFORMATION CONTACT: Tracie Donaldson,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Throughout this document wherever ``we'',
``us'', or ``our'' is used, we mean the EPA.

I. Background

    The background for this action is discussed in detail in our
September 11,

2015, proposal (80 FR 54739). In that document, we proposed that the
Albuquerque-Bernalillo County New Mexico i-SIP submittal for the 2008
Pb NAAQS met the requirements for an i-SIP, including the requirements
for interstate transport of Pb emissions. This action is being taken
under section 110 of the Act. We did not receive any comments regarding
our proposed approval.

II. Final Action

    We are approving the May 2, 2012, i-SIP submission from
Albuquerque-Bernalillo County New Mexico, which addresses the
requirements of CAA sections 110(a)(1) and (2) as applicable to the
2008 Pb NAAQS. Specifically, we are approving the following
infrastructure elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G),
(H), (J), (K), (L) and (M). We are also approving the Albuquerque-
Bernalillo County's demonstration that it meets the four statutory
requirements for interstate transport of Pb emissions.

III. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by February 1, 2016. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposed of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. (See section 307(b)(2)).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Lead, Reporting and
recordkeeping requirements.

    Dated: November 17, 2015.
Ron Curry,
Regional Administrator, Region 6.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart GG--New Mexico

0
2. In Sec.  52.1620(e), the second table entitled ``EPA Approved
Nonregulatory Provisions and Quasi-Regulatory Measures in the New
Mexico SIP'' is amended by adding an entry at the end of the table to
read as follows:

Sec.  52.1620  Identification of plan.

* * * * *
    (e) * * *

            EPA Approved Nonregulatory Provisions and Quasi-Regulatory Measures in the New Mexico SIP
----------------------------------------------------------------------------------------------------------------
                                        Applicable           State
      Name of SIP provision           geographic or       submittal/     EPA approval date       Explanation
                                    nonattainment area  effective date
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Infrastructure and Interstate      Albuquerque-               5/2/2012  12/3/2015, [insert
 Transport for the 2008 Pb NAAQS.   Bernalillo County.                   Federal Register
                                                                         citation].
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[FR Doc. 2015-30541 Filed 12-2-15; 8:45 am]
BILLING CODE 6560-50-P