[Federal Register: August 1, 2007 (Volume 72, Number 147)]
[Notices]
[Page 42155-42157]
[DOCID:fr01au07-121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56127; File No. SR-Amex-2007-63]

Self-Regulatory Organizations; American Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to the Options Order Cancellation Fee

July 24, 2007.
    Pursuant to section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on June 27, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been substantially prepared by the
Exchange. The Amex has filed the proposed rule change as one
establishing or changing a due, fee, or other charge imposed by the
Exchange under section 19(b)(3)(A)(ii) of the Act \3\ and Rule 19b-
4(f)(2) thereunder,\4\ which renders the proposal 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to revise the options order cancellation fee.
The text of the proposed rule change is available at Amex, the
Commission's Public

Reference Room, and http://www.amex.com.

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

    In its filing with the Commission, Amex 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. Amex has prepared summaries, set forth in sections A, B,
and C below, of the most significant aspects 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 proposes to revise the existing options order
cancellation fee set forth in the Options Fee Schedule. The proposed
revision would change the manner in which the fee is determined or
calculated so that the cancellation fee of $1.00 is assessed to the
executing Clearing Member for each order cancelled through the Amex
Order File (``AOF'') in excess of the number of orders that the
executing Clearing Member executes through AOF in a given month.\5\
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    \5\ The operative date of the proposal was designated by Amex as
July 1, 2007.
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    The current options order cancellation fee set forth in the Options
Fee Schedule differs in how the fee is assessed against executing
Clearing Members. The fee of $1.00 is currently charged against an
executing Clearing Member for every order that it cancels through the
AOF in a given month when the total number of orders the executing
Clearing Member canceled through AOF in that month exceeds the total
number of orders that same Clearing Member executed through AOF in that
same month. The fee does not apply to executing Clearing Members that
cancel fewer than 500 orders through AOF in a given month. Accordingly,
an executing Clearing Member is charged $1.00 for each cancelled order
in a given month when such cancelled orders exceed executed orders
through AOF unless the executing Clearing Member cancels fewer than 500
orders in such given month. The proposal seeks to change how the
executing Clearing Member is assessed the order cancellation fee so
that the fee pertains only to the excess of order cancellations versus
order executions.
    The Exchange believes that the proposal will simplify the
application of the options order cancellation fee and provide greater
clarity to market participants. In addition, the Exchange submits that
the proposal is similar to the order cancellation fee of other options
exchanges.
    The Exchange believes that charging an options order cancellation
fee, where applicable, for excess order cancellations is reasonable
given the increase in costs to the Exchange that may occur as a result
of a large volume of order cancellations. Accordingly, the Exchange
seeks, through this proposal, to better manage the application of its
options order cancellation fee.
2. Statutory Basis
    The Exchange asserts that the proposal is equitable as required by
section 6(b)(4) of the Act.\6\ In addition, the Exchange believes that
the proposed rule change is consistent with section 6(b) of the Act,\7\
in general, and furthers the objectives of section 6(b)(5),\8\ in
particular, in that it is designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest.
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    \6\ Section 6(b)(4) states that the rules of a national
securities exchange provide for the equitable allocation of
reasonable dues, fees, and other charges among its members and
issuers and other persons using its facilities.
    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

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

    No written comments were solicited or received by the Exchange on
this proposal.

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

    Because the foregoing proposed rule change establishes or changes a
due, fee, or other charged imposed by the Exchange, it has become
effective pursuant to section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(2) \10\ thereunder. At any time within 60 days of the filing of
the proposed rule change the Commission may summarily abrogate such
proposed 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.
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    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 19b-4(f)(2).
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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 e-mail to<EMAIL_ADDRESS>Please include

File Number SR-Amex-2007-63 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-Amex-2007-63. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room, 100 F. Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of Amex. 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-Amex-2007-63 and should

be submitted on or before August 22, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E7-14831 Filed 7-31-07; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 207 (Friday, October 27, 2017)]
[Notices]
[Pages 49884-49886]
[FR Doc No: 2017-23371]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81918; File No. SR-NYSEArca-2017-98]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Approving a
Proposed Rule Change, as Modified by Amendment No. 1 Thereto, To List
and Trade Shares of The Gold Trust Under NYSE Arca Rule 8.201-E

October 23, 2017.

I. Introduction

    On August 30, 2017, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares of The Gold Trust under NYSE Arca Rule 8.201-E.
The proposed rule change was published for comment in the Federal
Register on September 15, 2017.\3\ On September 28, 2017, the Exchange
filed Amendment No. 1 to the proposed rule change.\4\ The Commission
has not received any comments on the proposed rule change. This order
approves the proposed rule change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 81568 (Sep. 11,
2017), 82 FR 43417.
    \4\ Amendment No. 1 to the proposed rule change replaces and
supersedes the original filing in its entirety. In Amendment No. 1,
the Exchange: (1) Provided additional information regarding the
futures exchanges that trade in gold futures contracts and which of
those exchanges are members of the Intermarket Surveillance Group
(``ISG''); (2) stated that the net asset value (``NAV'') of the
Trust will be published by the Sponsor (as defined herein) by 5:30
p.m., Eastern time on each day that the NYSE Arca is open for
regular trading and will be posted on the Trust's Web site; (3)
clarified that the intraday indicative value (``IIV'') per Share for
the Shares will be widely disseminated by one or more major market
data vendors at least every 15 seconds during the Exchange's Core
Trading Session (as defined in the Exchange's rules; and (4) stated
that the Web site for the Trust will provide the two most recent
reports to stockholders. Amendment No. 1 also made non-substantive,
technical amendments. Amendment No. 1 is available at: https://www.sec.gov/comments/sr-nysearca-2017-98/nysearca201798-2614707-161129.pdf. Amendment No. 1 is not subject to notice and comment
because it is a technical amendment that does not materially alter
the substance of the proposed rule change or raise any novel
regulatory issues.
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II. The Description of the Proposed Rule Change, as Modified by
Amendment No. 1 5
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    \5\ A more detailed description of the Trust and the Shares, as
well as investment risks, creation and redemption procedures, NAV
calculation, availability of information and fees, among other
things, is included in the Registration Statement, infra note 7, and
in Amendment No. 1, supra note 4.
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    The Exchange proposes to list and trade shares (``Shares'') of The
Gold Trust (``Trust''), a series of the World Currency Gold Trust
(``WCGT''),\6\ under NYSE Arca Rule 8.201-E.\7\ NYSE Arca Rule 8.201-E
governs the listing and trading, or trading pursuant to unlisted
trading privileges, of Commodity-Based Trust Shares on the Exchange.\8\
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    \6\ According to the Exchange, WCGT is a Delaware statutory
trust consisting of multiple series, each of which issues common
units of beneficial interest, which represent units of fractional
undivided beneficial interest in and ownership of such series. The
term of WCGT and each series will be perpetual (unless terminated
earlier in certain circumstances).
    \7\ On August 29, 2017, WCGT submitted to the Commission its
draft registration statement on Form S-1 with respect to the Trust
(``Registration Statement'') under the Securities Act of 1933
(``1933 Act'').
    \8\ A ``Commodity-Based Trust Share'' is a security (a) that is
issued by a trust that holds a specified commodity deposited with
the trust; (b) that is issued by such trust in a specified aggregate
minimum number in return for a deposit of a quantity of the
underlying commodity; and (c) that, when aggregated in the same
specified minimum number, may be redeemed at a holder's request by
such trust which will deliver to the redeeming holder the quantity
of the underlying commodity. See NYSE Arca Rule 8.201-E(c)(1).
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    The investment objective of the Trust is for the Shares to reflect
the performance of the price of gold bullion, less the expenses of the
Trust's operations. The Trust will not trade in gold futures, options,
or swap contracts on any futures exchange or over the counter. The
Trust will not hold or trade in commodity futures contracts, commodity
interests, or any other instruments regulated by the Commodity Exchange
Act. The Trust will take delivery of physical gold that complies with
the London Bullion Market Association (``LBMA'') gold delivery rules.
According to the Exchange, the Shares, which are Commodity Based Trust
Shares, will represent investors' discrete identifiable and undivided
beneficial ownership interest in the commodities deposited into the
Trust.
    The sponsor of the Trust is WGC USA Asset Management Company, LLC
(``Sponsor''). The sole trustee of WCGT is Delaware Trust Company. BNY
Mellon Asset Servicing, a division of The Bank of New York Mellon
(``BNYM''), will be the Trust's administrator and transfer agent. BNYM
will serve as the custodian of the Trust's cash, if any. A bank will
serve as the custodian of the Trust's gold.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposed rule change, as modified by Amendment No. 1, to list and trade
the Shares is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.\9\ In
particular, the Commission finds that the proposal, as modified by
Amendment No. 1, is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\10\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. The last-sale price for
the Shares will be disseminated over the Consolidated Tape. According
to the Exchange, there is a considerable amount of information about
gold and gold markets available on public Web sites and through
professional and subscription services. Investors may obtain gold
pricing information on a 24-hour basis based on the spot price for an
ounce of gold from various financial information service providers.\11\
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    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \11\ The Exchange states that Reuters and Bloomberg, for
example, provide at no charge on their Web sites delayed information
regarding the spot price of gold and last sale prices of gold
futures, as well as information about news and developments in the
gold market. Reuters and Bloomberg also offer a professional service
to subscribers for a fee that provides information on gold prices
directly from market participants. Complete real-time data for gold
futures and options prices traded on the COMEX are available by
subscription from Reuters and Bloomberg. There are a variety of
other public Web sites providing information on gold, ranging from
those specializing in precious metals to sites maintained by major
newspapers. In addition, the LBMA Gold Price is publicly available
at no charge at www.lbma.org.uk. See Amendment No. 1, supra note 4.

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    Additionally, the Commission finds that the proposed rule change,
as modified by Amendment No. 1, is consistent with Section 6(b)(5) of
the Exchange Act,\12\ which requires, among other things, that the
Exchange's rules be designed to prevent fraudulent and manipulative
acts and practices, promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Commission notes that the
Exchange has surveillance-sharing agreements with significant,
regulated markets for trading futures on gold. Specifically, according
to the Exchange, (1) the most significant gold futures exchange is
COMEX, a subsidiary of New York Mercantile Exchange, Inc., and a
subsidiary of the Chicago Mercantile Exchange Group (``CME Group''),
and ICE Futures US (``ICE'') also lists gold futures; \13\ and (2) the
CME Group and ICE are members of the ISG,\14\ which will allow NYSE
Arca to obtain surveillance information from COMEX and ICE. Both COMEX
and ICE are regulated by the U.S. Commodity Futures Trading Commission
(``CFTC'').\15\
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    \12\ 15 U.S.C. 78f(b)(5).
    \13\ See Amendment No. 1, supra note 4.
    \14\ See id.
    \15\ See https://www.theice.com/futures-us/regulation (``ICE
Futures U.S. is a Designated Contract Market pursuant to the
Commodity Exchange Act and regulated by the CFTC.''); http://www.cmegroup.com/market-regulation/rulebook.html (COMEX is regulated
by the CFTC).
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    The Commission believes that the proposed rule change, as modified
by Amendment No. 1, is reasonably designed to promote fair disclosure
of information that may be necessary to price the Shares appropriately.
NYSE Arca Rule 8.201-E(e)(2)(v) requires that an IIV (which is referred
to in the rule as the ``Indicative Trust Value'') be calculated and
disseminated at least every 15 seconds. The IIV will be calculated
based on the amount of gold held by the Trust and a price of gold
derived from updated bids and offers indicative of the spot price of
gold. The Exchange states that the IIV relating to the Shares will be
widely disseminated by one or more major market data vendors at least
every 15 seconds during the Core Trading Session.\16\ The NAV of the
Trust will be published by the Sponsor on each day that the NYSE Arca
is open for regular trading and will be posted on the Trust's Web
site.\17\ The Trust also will publish the following information on its
Web site: (1) The mid-point of the bid-ask price at the close of
trading (``Bid/Ask Price''), and a calculation of the premium or
discount of such price against the NAV; (2) data in chart format
displaying the frequency distribution of discounts and premiums of the
Bid/Ask Price against the NAV, within appropriate ranges, for each of
the four previous calendar quarters; (3) the Trust's prospectus, as
well as the two most recent reports to stockholders; and (4) the last-
sale price of the Shares as traded in the U.S. market.\18\ In addition,
information regarding market price and trading volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. Information
regarding the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers.
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    \16\ See Amendment No. 1, supra note 4.
    \17\ See id.
    \18\ See id.
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    The Commission also believes that the proposal, as modified by
Amendment No. 1, is reasonably designed to prevent trading when a
reasonable degree of transparency cannot be assured. With respect to
trading halts, the Exchange may consider all relevant factors in
exercising its discretion to halt or suspend trading in the Shares.
Trading on the Exchange in the Shares may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable. These may include: (1) The extent to
which conditions in the underlying gold market have caused disruptions
and/or lack of trading, or (2) whether other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present. In addition, trading in Shares will be subject to
trading halts caused by extraordinary market volatility pursuant to the
Exchange's ``circuit breaker'' rule.\19\ The Exchange will halt trading
in the Shares if the NAV of the Trust is not calculated or disseminated
daily.\20\ The Exchange may halt trading during the day in which an
interruption occurs to the dissemination of the IIV; if the
interruption to the dissemination of the IIV persists past the trading
day in which it occurs, the Exchange will halt trading no later than
the beginning of the trading day following the interruption.\21\
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    \19\ See NYSE Arca Rule 7.12-E.
    \20\ See Amendment No. 1, supra note 4.
    \21\ See id.
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    Additionally, the Commission notes that market makers in the Shares
would be subject to the requirements of NYSE Arca Rule 8.201-E(g),
which allow the Exchange to ensure that they do not use their positions
to violate the requirements of Exchange rules or applicable federal
securities laws.\22\
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    \22\ Commentary .04 of NYSE Arca Rule 6.3-E requires that an
Equity Trading Permit Holder (``ETP Holder'') acting as a registered
market maker in the Shares, and its affiliates, establish, maintain,
and enforce written policies and procedures reasonably designed to
prevent the misuse of any material nonpublic information with
respect to such products, any components of the related products,
any physical asset or commodity underlying the product, applicable
currencies, underlying indexes, related futures or options on
futures, and any related derivative instruments. See Amendment No.
1, supra note 4.
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    In support of this proposal, the Exchange has made the following
additional representations:
    (1) The Shares will be listed and traded on the Exchange pursuant
to the initial and continued listing criteria in NYSE Arca Rule 8.201-
E.\23\
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    \23\ See id.
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    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.\24\
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    \24\ See id.
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    (3) The Exchange deems the Shares to be equity securities.\25\
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    \25\ See id. The Commission notes that, as a result, trading of
the Shares will be subject to the Exchange's existing rules
governing the trading of equity securities.
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    (4) The Exchange has a general policy prohibiting the distribution
of material, non-public information by its employees.\26\
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    \26\ See id.
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    (5) Trading in the Shares will be subject to the existing trading
surveillances administered by the Exchange, as well as cross-market
surveillances administered by the Financial Industry Regulatory
Authority (``FINRA'') on behalf of the Exchange, which are designed to
detect violations of Exchange rules and applicable federal securities
laws, and these procedures are adequate to properly monitor Exchange
trading of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and federal securities laws applicable to
trading on the Exchange.\27\
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    \27\ See id. FINRA conducts cross-market surveillances on behalf
of the Exchange pursuant to a regulatory services agreement. The
Exchange is responsible for FINRA's performance under this
regulatory services agreement. See id.

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    (6) The Exchange or FINRA, on behalf of the Exchange, or both, will
communicate as needed regarding trading in the Shares with other
markets and other entities that are members of the ISG, and the
Exchange or FINRA, on behalf of the Exchange, or both, may obtain
trading information regarding trading in the Shares from such markets
and other entities. In addition, the Exchange may obtain information
regarding trading in the Shares from markets and other entities that
are members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.\28\
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    \28\ See id.
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    (7) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (1)
The procedures for purchases and redemptions of Shares in creation
units (including noting that Shares are not individually redeemable);
(2) NYSE Arca Rule 9.2-E(a), which imposes a duty of due diligence on
its ETP Holders to learn the essential facts relating to every customer
prior to trading the Shares; (3) how information regarding the IIV is
disseminated; (4) the requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Shares prior to or concurrently
with the confirmation of a transaction; (5) the possibility that
trading spreads and the resulting premium or discount on the Shares may
widen as a result of reduced liquidity of gold trading during the Core
and Late Trading Sessions after the close of the major world gold
markets; and (6) trading information.\29\
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    \29\ See id.
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    (8) All statements and representations made in this filing
regarding (a) the description of the portfolio or reference assets, (b)
limitations on portfolio holdings or reference assets, or (c) the
applicability of Exchange listing rules specified in this rule filing
shall constitute continued listing requirements for listing the Shares
of the Trust on the Exchange.\30\
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    \30\ See id.
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    (9) The issuer has represented to the Exchange that it will advise
the Exchange of any failure by the Trust to comply with the continued
listing requirements and, pursuant to its obligations under Section
19(g)(1) of the Act, the Exchange will monitor for compliance with the
continued listing requirements. If the Trust is not in compliance with
the applicable listing requirements, the Exchange will commence
delisting procedures under NYSE Arca Rule 5.5(m).\31\
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    \31\ See id.
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    This approval order is based on all of the Exchange's
representations--including those set forth above and in Amendment No.
1--and the Exchange's description of the Trust.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) of the Act \32\ and the rules and regulations thereunder
applicable to a national securities exchange.
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    \32\ 15 U.S.C. 78f(b)(5).
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IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\33\ that the proposed rule change (SR-NYSEArca-2017-98),
as modified by Amendment No. 1 be, and it hereby is, approved.
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    \33\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
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    \34\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-23371 Filed 10-26-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: May 19, 2006 (Volume 71, Number 97)]
[Notices]
[Page 29149-29152]
[DOCID:fr19my06-53]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8172-5; Docket ID No. EPA-HQ-ORD-2003-0016]

Integrated Risk Information System (IRIS); Announcement of 2006
Program

AGENCY: Environmental Protection Agency.

ACTION: Notice; correction.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) published a
document in the Federal Register of February 23, 2006 (71 FR 9333),
announcing the IRIS 2006 program agenda. EPA is correcting errors in
the list of substances.
    The Integrated Risk Information System (IRIS) is an EPA database
that contains the Agency's scientific positions on human health effects
that may result from exposure to chemical substances in the
environment. On March 4, 2005, EPA announced the 2005 IRIS agenda (70
FR 10616), with solicitation of scientific information from the public
for consideration in assessing health effects from specific chemical
substances. All assessments currently in progress are listed in this
notice. EPA is not initiating new assessments in 2006 in order to focus
on completion of existing assessments. This notice also provides an
update on EPA' efforts to improve the IRIS health assessment
development and review processes.

DATES: While EPA is not expressly soliciting comments on this notice,
the Agency will accept information related to the substances included
herein. Please submit any information in accordance with the
instructions provided at the end of this notice.

ADDRESSES: Please submit relevant scientific information identified by
docket ID number EPA-HQ-ORD-2003-0016, online at http://www.regulations.gov
 (EPA' preferred method); by e-mail to<EMAIL_ADDRESS>mailed to EPA Docket Center, Environmental

Protection Agency, Mail Code: 2822T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; or by hand delivery or courier to EPA Docket
Center, EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC, between 8:30 a.m. and 4:30 p.m. Monday through Friday, excluding
legal holidays. Comments on a disk or CD-ROM should be formatted in
Word or as an ASCII file, avoiding the use of special characters and
any form of encryption, and may be mailed to the mailing address above.

FOR FURTHER INFORMATION CONTACT: For information on the IRIS program,
contact Dr. Abdel-Razak Kadry, IRIS Program Director, National Center
for Environmental Assessment, (mail code: 8601D), Office of Research
and Development, U.S. Environmental Protection Agency, Washington, DC
20460; telephone:<PHONE_NUMBER>, facsimile:<PHONE_NUMBER>; or e-mail:
<EMAIL_ADDRESS>
    For general questions about access to IRIS, or the content of IRIS,
please call the IRIS Hotline at<PHONE_NUMBER> or send electronic mail
inquiries to<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Background

    IRIS is an EPA database containing Agency scientific positions on
potential adverse human health effects that may result from exposure to
chemical substances found in the environment. (EPA notes that
information in the IRIS database has no preclusive effect and does not
predetermine the outcome of any rulemaking. When EPA uses such
information to support a rulemaking, the scientific basis for, and the
application of, that information are subject to comment.) IRIS
currently provides information on health effects associated with more
than 500 chemical substances.
    The database includes chemical-specific summaries of qualitative
and quantitative health information in support of the first two steps
of the risk assessment process, i.e., hazard identification and dose-
response evaluation. Combined with specific situational exposure
assessment information, the information in IRIS is an important source
in evaluating potential public health risks from environmental
contaminants.
    EPA's overall process for developing IRIS assessments consists of:
(1) An annual Federal Register announcement of EPA's IRIS agenda and
call for scientific information from the public on selected chemical
substances; (2) a search of the scientific literature; (3) development
of IRIS Summaries and support documents; (4) EPA-wide review; (5)
external peer review; (6) management review and approval; and (7) entry
of IRIS Summaries and support documents into the IRIS database (http://www.epa.gov/iris
).

The IRIS Annual Agenda

    Each year, EPA develops an annual agenda for the IRIS program and
announces new assessments under review. A focus of the IRIS Program for
2006 is to move forward the 75

assessments already in progress. In light of this focus, EPA will not
initiate any new assessments in 2006. This notice provides: (1) A list
of IRIS assessments in progress; (2) an update on improvements made to
the IRIS program and preliminary notice of further improvements under
consideration.

Assessments in Progress

    The following assessments are underway. Each was listed in the 2005
IRIS agenda. The status and planned milestone dates for each assessment
can be found on the IRIS Track system, accessible from the IRIS
database. All health endpoints due to chronic exposure, cancer and
noncancer, are being assessed unless otherwise noted. For all endpoints
assessed, both qualitative and quantitative assessments are being
developed where information is available. Those substances denoted with
an asterisk (*) may require additional time for analysis or peer review
due to their large databases or complex assessment issues. Substances
denoted with a double asterisk (**) are being evaluated for effects
from acute and/or other less-than-lifetime exposure durations. These
substances are part of a pilot test to evaluate the application of
methods, procedures, and resource needs for adding health effects
information for less-than-lifetime exposure durations to IRIS.
Additional less-than-lifetime durations may be added to ongoing chronic
assessments as needs arise and resources permit.

------------------------------------------------------------------------
          Substance name                          CAS No.
------------------------------------------------------------------------
acetaldehyde.....................  75-07-0.
acrolein**.......................  107-02-8.
acrylamide.......................  79-06-1.
acrylonitrile....................  107-13-1.
aldicarb/aldicarb sulfoxide......  116-06-3/1646-87-3.
aldicarb sulfone.................  1646-88-4.
arsenic..........................  7440-38-2.
asbestos*........................  1332-21-4.
benzene**........................  71-43-2.
benzo(a)pyrene...................  50-32-8.
beryllium (cancer effects).......  7440-41-7.
bromobenzene.....................  108-86-1.
butyl benzyl phthalate...........  85-68-7.
cadmium..........................  7440-43-9.
carbon tetrachloride.............  56-23-5.
cerium...........................  1306-38-3.
chloroethane.....................  75-00-3.
chloroform (inhalation route)....  67-66-3.
chloroprene......................  126-99-8.
cobalt...........................  7440-48-4.
copper...........................  7440-50-8.
dibutyl phthalate (chronic; less-  84-74-2.
 than-lifetime** exposures).
1,2-dichlorobenzene..............  95-50-1.
1,3-dichlorobenzene..............  541-73-1.
1,4-dichlorobenzene..............  106-46-7.
1,2-dichloroethylene.............  540-59-0.
di(2-ethylhexyl)adipate (DEHA)...  103-23-1.
di(2-ethylhexyl)phthalate........  117-81-7.
1,4-dioxane......................  123-91-1.
ethanol..........................  64-17-5.
ethyl tertiary butyl ether.......  637-92-3.
ethylbenzene.....................  100-41-4.
ethylene dichloride..............  107-06-2.
ethylene glycol monobutyl ether    111-76-2.
 (cancer effects).
ethylene oxide (cancer effects;    75-21-8.
 noncancer acute** exp.).
formaldehyde*....................  50-00-0.
hexachlorobutadiene..............  87-68-3.
hexachloroethane.................  67-72-1.
hexachlorocyclopentadiene**......  77-47-4.
hexahydro-1,3,5-trinitro-triazine  121-82-4.
 (RDX).
2-hexanone.......................  591-78-6.
hydrogen cyanide.................  74-90-8.
hydrogen sulfide**...............  7783-06-4.
isopropanol......................  67-63-0.
kepone...........................  43-50-0.
methanol.........................  67-56-1.
methyl tert-butyl ether (MTBE)...  1634-04-4.
methylene chloride                 75-09-2.
 (dichloromethane).
mirex............................  2385-85-5.
naphthalene (inhalation route)*..  91-20-3.
nickel (soluble salts)...........  [n.a.-various].
nitrobenzene.....................  98-95-3.
PAH mixtures*....................  [n.a.-various].
pentachlorophenol................  87-86-5.
perfluorooctanoic acid-ammonium    3825-26-1.
 salt (PFOA).
perfluorooctane sulfonate-         2795-39-3.
 potassium salt (PFOS).
phosgene (acute** exposure)......  75-44-5.
platinum.........................  7440-06-4.
polybrominated diphenyl ethers     [n.a.-various].
 (tetra, penta, hexa, deca-BDEs).

polychlorinated biphenyls (PCBs)   1336-36-3.
 (noncancer endpoints).
propionaldehyde..................  123-38-6.
refractory ceramic fibers........  [n.a.].
styrene..........................  100-42-5.
2,3,7,8-TCDD (dioxin)*...........  1746-01-6.
1,1,2,2-tetrachloroethane          79-34-5.
 (chronic; less-than-lifetime**
 exp.).
tetrachloroethylene                127-18-4.
 (perchloroethylene).
tetrahydrofuran..................  109-99-9.
thallium.........................  7440-28-0.
trichloroacetic acid.............  76-03-9.
1,1,1-trichloroethane (chronic;    71-55-6.
 less-than-lifetime** exp.).
trichloroethylene*...............  79-01-6.
1,2,3-trichloropropane...........  96-18-4.
2,2,4-trimethylpentane...........  540-84-1.
uranium compounds................  [n.a.-various].
vinyl acetate....................  108-05-4.
------------------------------------------------------------------------

    Note that the asbestos noncancer assessment has been expanded to
include cancer effects. Also note that the following assessments are
being withdrawn from the IRIS agenda: Bromodichloromethane, bromoform,
and dibromochloromethane are drinking water disinfection byproducts
with criteria documents currently available from EPA's Office of Water.
Cryptosporidium is withdrawn from the IRIS agenda pending completion of
a microbial risk assessment approach. These are the only substantive
changes to the IRIS agenda.
    IRIS Summaries and support documents for all substances listed as
on-going assessments in 2006 will be provided on the IRIS Web site at
http://www.epa.gov/iris as they are completed. This publicly available

Web site is EPA's primary location for IRIS documents. In addition,
external peer review drafts of IRIS assessments are posted for public
information and comment. These drafts will continue to be accessible
via the IRIS and NCEA Web sites. Note that these drafts are intended
for public information only, and do not represent the Agency's final
position.

Other Improvements to the IRIS Program--Update

    As discussed in the Federal Register notice announcing the 2005
agenda, EPA is improving the IRIS program and its products through a
series of program reforms. EPA has expanded its central IRIS Staff to
better manage the program and promote scientific quality and
consistency. In addition, external scientific peer reviews are being
conducted routinely by panel meetings rather than by mail reviews. This
step is being taken to provide the best possible scientific evaluation
of each assessment. Further, EPA now conducts each external peer review
at the end of each IRIS assessment review process, strengthening the
role of peer review in informing the outcome of the process. A public
comment period prior to panel peer review meetings is now standard
practice, and the meetings are open to the public for observation.
These program reforms facilitate scientific input from the public and
make the peer review process more transparent.
    Further enhancements to the IRIS assessment development and review
process are currently under consideration. A follow-up notice will be
published in the Federal Register to announce a public workshop on
proposed additions to the IRIS process in 2006.

General Information

    As of Monday, November 28, 2005, EPA's EDOCKET was replaced by the
Federal Docket Management System (FDMS), the new Federal government-
wide system. FDMS was created to provide a single point of access to
all Federal rulemaking activities. All materials previously found in
EDOCKET are now available on the Internet at http://www.regulations.gov
.

A. How Can I Get Copies of Related Information?

    EPA has established an official public docket for this action under
Docket ID No. EPA-HQ-ORD-2003-0016. The official public docket is the
collection of materials that is available for public viewing at the
Office of Environmental Information (OEI) Docket in the EPA Docket
Center, EPA West, Room B102, 1301 Constitution Ave., NW., Washington,
DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OEI Docket is<PHONE_NUMBER>.
    An electronic version of the public docket is available through
EPA's electronic public docket and comment system. EPA Dockets at
http://www.regulations.gov may be used to submit or view public

submissions, access the index listing of the contents of the official
public docket, and to access those documents in the public docket that
are available electronically. Once in the system, select ``search'',
then key in the appropriate docket identification number.
    It is important to note that EPA's policy is that public
submissions, whether submitted electronically or in paper, will be made
available for public viewing in EPA's electronic public docket as EPA
receives them and without change, unless the submission contains
copyrighted material, CBI, or other information whose disclosure is
restricted by statute. Information claimed as CBI and other information
whose disclosure is restricted by statute are not included in the
official public docket or in EPA's electronic public docket. EPA's
policy is that copyrighted material, including copyrighted material
contained in a public comment, will not be placed in EPA's electronic
public docket but will be available only in printed, paper form in the
official public docket. Although not all docket materials may be
available electronically, you may still access any of the publicly
available docket materials through the EPA Docket Center.

B. How and To Whom Do I Submit Information?

    Information on chemical substances listed in this notice may be
submitted as provided in the ADDRESSES section. If you submit
electronic information, EPA recommends that you include your name,
mailing address, and an e-mail address or other contact information in
the body of your submission and with

any disk or CD-ROM you submit. This ensures that you can be identified
as the submitter of the information and allows EPA to contact you in
case EPA cannot read your information due to technical difficulties or
needs further information on the substance of your submission. Any
identifying or contact information provided in the body of submitted
information will be included as part of the submission information that
is placed in the official public docket, and made available in EPA's
electronic public docket. If EPA cannot read your information due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your information.
    Your use of EPA's electronic public docket to submit information to
EPA electronically is EPA's preferred method for receiving submissions.
The electronic public docket system is an ``anonymous access'' system,
which means EPA will not know your identity, e-mail address, or other
contact information unless you provide it in the body of your
submission. In contrast to EPA's electronic public docket, EPA's
electronic mail (e-mail) system is not an ``anonymous access'' system.
If you send e-mail directly to the docket without going through EPA's
electronic public docket, your e-mail address is automatically captured
and included as part of the submission that is placed in the official
public docket, and made available in EPA's electronic public docket.

    Dated: May 8, 2006.
Peter W. Preuss,
Director, National Center for Environmental Assessment.
 [FR Doc. E6-7648 Filed 5-18-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Notices]
[Pages 46174-46180]
[FR Doc No: 2011-19414]

Vol. 76

Monday,

No. 147

August 1, 2011

Part V

Environmental Protection Agency

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Sixty-Eighth Report of the TSCA Interagency Testing Committee to the
Administrator of the Environmental Protection Agency; Receipt of Report
and Request for Comments; Notice

Federal Register / Vol. 76 , No. 147 / Monday, August 1, 2011 /
Notices

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2011-0437; FRL-8879-3]

Sixty-Eighth Report of the TSCA Interagency Testing Committee to
the Administrator of the Environmental Protection Agency; Receipt of
Report and Request for Comments

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Toxic Substances Control Act (TSCA) Interagency Testing
Committee (ITC) transmitted its Sixty-Eighth Report to the
Administrator of EPA on June 14, 2011. In the 68th ITC Report, which is
included with this notice, the ITC is adding cadmium and 103 cadmium
compounds to TSCA section 4(e) Priority Testing List. During this
reporting period (December 2010 to May 2011), the ITC is also removing
29 High Production Volume (HPV) Challenge Program orphan chemicals and
lead and 11 lead compounds from the Priority Testing List.

DATES: Comments must be received on or before August 31, 2011.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2011-0437, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Document Control Office (7407M), Office of Pollution
Prevention and Toxics (OPPT), Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001.
     Hand Delivery: OPPT Document Control Office (DCO), EPA
East Bldg., Rm. 6428, 1201 Constitution Ave., NW., Washington, DC.
Attention: Docket ID Number EPA-HQ-OPPT-2011-0437. The DCO is open from
8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The
telephone number for the DCO is<PHONE_NUMBER>. Such deliveries are
only accepted during the DCO's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPPT-
2011-0437. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, will be publicly available only
in hard copy. Publicly available docket materials are available
electronically at http://www.regulations.gov, or, if only available in
hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA
Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of
operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding
legal holidays. The telephone number of the EPA/DC Public Reading Room
is<PHONE_NUMBER>, and the telephone number for the OPPT Docket is
(202) 566-0280. Docket visitors are required to show photographic
identification, pass through a metal detector, and sign the EPA visitor
log. All visitor bags are processed through an X-ray machine and
subject to search. Visitors will be provided an EPA/DC badge that must
be visible at all times in the building and returned upon departure.

FOR FURTHER INFORMATION CONTACT: For technical information contact:
John D. Walker, Interagency Testing Committee (7401M), Office of
Pollution Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-7527; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This notice is directed to the public in general. It may, however,
be of particular interest to you if you manufacture (defined by statute
to include import) and/or process TSCA-covered chemicals and you may be
identified by the North American Industrial Classification System
(NAICS) codes 325 and 32411. Because this notice is directed to the
general public and other entities may also be interested, the Agency
has not attempted to describe all the specific entities that may be
interested in this action. If you have any questions regarding the
applicability of this action to a particular entity, consult the
technical person listed under FOR FURTHER INFORMATION CONTACT.

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.

    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

    The Toxic Substances Control Act (TSCA) (15 U.S.C. 260l et seq.)
authorizes the Administrator of EPA to promulgate regulations under
TSCA section 4(a) requiring testing of chemicals and chemical groups in
order to develop data relevant to determining the risks that such
chemicals and chemical groups may present to health or the environment.
Section 4(e) of TSCA established the ITC to recommend chemicals and
chemical groups to the Administrator of EPA for priority testing
consideration. Section 4(e) of TSCA directs the ITC to revise the TSCA
section 4(e) Priority Testing List at least every 6 months.
    You may access additional information about the ITC at http://www.epa.gov/opptintr/itc.

A. The 68th ITC Report

    The ITC is adding cadmium and 103 cadmium compounds to the TSCA
section 4(e) Priority Testing List. During this reporting period
(December 2010 to May 2011), the ITC is also removing 29 HPV Challenge
Program orphan chemicals and lead and 11 lead compounds from the
Priority Testing List.

B. Status of the Priority Testing List

    The Priority Testing List includes 2 alkylphenols, 16 chemicals
with insufficient dermal absorption rate data, 178 HPV Challenge
Program orphan chemicals, and cadmium and 103 cadmium compounds.

List of Subjects

    Environmental protection, Chemicals, Hazardous substances.

    Dated: July 25, 2011.
Wendy C. Hamnett,
Director, Office of Pollution Prevention and Toxics.

Sixty-Eighth Report of the TSCA Interagency Testing Committee to the
Administrator of the Environmental Protection Agency

Table of Contents

Summary
I. Background
II. TSCA Section 8 Reporting
    A. TSCA Section 8 Reporting Rules
    B. ITC's Use of TSCA Section 8 and Other Information
    C. New Request to Add Chemicals to the TSCA Section 8(d) HaSDR
Rule
III. ITC's Activities During this Reporting Period (December 2010 to
May 2011)
IV. Revisions to the TSCA Section 4(e) Priority Testing List
    A. Chemicals Added to the Priority Testing List: Cadmium and
Cadmium Compounds
    B. Chemicals Removed from the Priority Testing List
    1. HPV Challenge Program orphan chemicals
    2. Lead and lead compounds
    V. References
    VI. The TSCA Interagency Testing Committee

Summary

    The ITC is adding cadmium and 103 cadmium compounds to the Toxic
Substances Control Act (TSCA) section 4(e) Priority Testing List during
this reporting period (December 2010 to May 2011). In addition, the ITC
is removing 29 HPV Challenge Program orphan chemicals, lead and 11 lead
compounds from the Priority Testing List during this reporting period.
    The TSCA section 4(e) Priority Testing List is Table 1 of this
unit.

                           Table 1--TSCA Section 4(e) Priority Testing List (May 2011)
----------------------------------------------------------------------------------------------------------------
          ITC Report No.                     Date              Chemical name/group               Action
----------------------------------------------------------------------------------------------------------------
31................................  January 1993.........  2 Chemicals with            Designated.
                                                            insufficient dermal
                                                            absorption rate data,
                                                            methylcyclohexane and
                                                            cyclopentane.
32................................  May 1993.............  10 Chemicals with           Designated.
                                                            insufficient dermal
                                                            absorption rate data.
35................................  November 1994........  4 Chemicals with            Designated.
                                                            insufficient dermal
                                                            absorption rate data,
                                                            cyclopentadiene,
                                                            formamide, 1,2,3-
                                                            trichloropropane and m-
                                                            nitrotoluene.
37................................  November 1995........  Branched 4-nonylphenol      Recommended.
                                                            (mixed isomers).
41................................  November 1997........  Phenol, 4-(1,1,3,3-         Recommended.
                                                            tetramethylbutyl)-.
55................................  December 2004........  175 High Production Volume  Recommended.
                                                            (HPV) Challenge Program
                                                            orphan chemicals.
56................................  August 2005..........  3 HPV Challenge Program     Recommended.
                                                            orphan chemicals.
68................................  May 2011.............  Cadmium and 103 cadmium     Recommended.
                                                            compounds.
----------------------------------------------------------------------------------------------------------------

I. Background

    The ITC was established by TSCA section 4(e) ``to make
recommendations to the Administrator respecting the chemical substances
and mixtures to which the Administrator should give priority
consideration for the promulgation of rules for testing under section
4(a)* * *. At least every six months * * *, the Committee shall make
such revisions to the Priority Testing List as it determines to be
necessary and transmit them to the Administrator together with the
Committee's reasons for the revisions'' (Pub. L. 94-469, 90 Stat. 2003
et seq., 15 U.S.C. 2601 et seq.). ITC reports are available from
regulations.gov (http://www.regulations.gov) after publication in the
Federal Register. The ITC produces its revisions to the Priority
Testing List with administrative and technical support from the ITC
staff, ITC members, and their U.S. Government organizations, and
contract support provided by EPA. ITC members and staff are listed at
the end of this report.

II. TSCA Section 8 Reporting

A. TSCA Section 8 Reporting Rules

    Following receipt of the ITC's report (and the revised Priority
Testing List) by the EPA Administrator, the EPA's Office of Pollution
Prevention and Toxics (OPPT) may add the chemicals from the revised
Priority Testing List to the TSCA section 8(a) Preliminary Assessment
Information Reporting (PAIR) or the TSCA section 8(d) Health and Safety
Data Reporting (HaSDR) rules. The PAIR rule requires manufacturers
(including importers) of chemicals added to the

Priority Testing List to submit to EPA certain production and exposure
information (http://www.epa.gov/oppt/chemtest/pubs/pairform.pdf). The
HaSDR rule requires manufacturers (including importers) of chemicals
added to the Priority Testing List to submit unpublished health and
safety studies to EPA.

B. ITC's Use of TSCA Section 8 and Other Information

    The ITC's use of TSCA section 8 and other information is described
in the ITC's 52nd Report (Ref. 1).

C. New Request To Add Chemicals to the TSCA Section 8(d) HaSDR Rule

    The ITC is requesting that EPA add the category of cadmium and
cadmium compounds, including specifically cadmium and 103 cadmium
compounds to the TSCA section 8(d) HaSDR rule. Cadmium and cadmium
compounds are discussed in Unit IV. of this report.

III. ITC's Activities During This Reporting Period (December 2010 to
May 2011)

    During this reporting period, the ITC discussed the draft TSCA
section 4 proposed test rule, draft TSCA section 8(a) proposed
reporting rule, and draft proposed TSCA section 5(a) Significant New
Use Rule for nanoscale materials. In addition, the ITC discussed adding
cadmium and cadmium compounds to the Priority Testing List and removing
HPV Challenge Program orphan chemicals and lead and lead compounds from
the Priority Testing List.

IV. Revisions to the TSCA Section 4(e) Priority Testing List

A. Chemicals Added to the Priority Testing List: Cadmium and Cadmium
Compounds

    1. Recommendation. EPA requests that the ITC add the category
``cadmium and cadmium compounds'' to the Priority Testing List to
obtain use and exposure information on cadmium and cadmium compounds
that are present in any consumer product.
    Required information would be limited to unpublished health and
safety studies, including those relating to the cadmium content in
consumer products containing cadmium or cadmium compounds, and/or
studies that assess exposure to cadmium or cadmium compounds from such
products. Exposure studies include any studies providing information
about the solubility, bioavailability, and duration of exposure to
cadmium or cadmium compounds from product use.
    2. Rationale for recommendation. EPA and the Consumer Product
Safety Commission (CPSC) are concerned with the content of cadmium or
cadmium compounds in certain children's toys, jewelry, and other
consumer products due to known toxicity and health concerns from
exposure to cadmium or cadmium compounds. CPSC and EPA have limited
health and safety studies on the content of cadmium or cadmium
compounds in consumer products. EPA is recommending that the ITC
include the category listing for cadmium and cadmium compounds
described in this unit. This will provide both EPA and CPSC with a
streamlined means of obtaining studies. Information obtained on this
category may assist both EPA and CPSC in taking further action as
appropriate to protect consumers from exposure to cadmium or cadmium
compounds in consumer products.
    3. Supporting information. The acute (short-term) effects of
cadmium in humans through inhalation exposure consist mainly of effects
on the lung, such as pulmonary irritation. Chronic (long-term)
inhalation or oral exposure to cadmium leads to a build-up of cadmium
in the kidneys that can cause kidney disease.
    Cadmium has been shown to be a developmental toxicant in animals,
resulting in fetal malformations and other effects, but no conclusive
evidence exists in humans. Animal studies have demonstrated an increase
in lung cancer from long-term inhalation exposure to cadmium.\1\ EPA
has classified cadmium as a Group B1, probable human carcinogen (http://epa.gov/ttn/atw/hlthef/cadmium.html).
---------------------------------------------------------------------------

    \1\ ATSDR Toxicological Profile for Cadmium (Draft). Agency for
Toxic Substances and Disease Registry. U.S. Department of Health and
Human Services. 2008. Available on-line at: http://www.atsdr.cdc.gov/substances/toxsubstance.asp?toxid=15.
---------------------------------------------------------------------------

    Cadmium has been found in certain consumer products: In 2010, CPSC
found the amount of cadmium in samples of children's metal jewelry
ranged from about 0.03 to 99% by weight. CPSC also assessed potential
exposures to cadmium by extraction testing, including using an acid
solution to simulate the effect of stomach acid. The CPSC Staff found
that potential exposure to cadmium would exceed the acceptable daily
intake levels for acute exposure to a child. CPSC recalled 26 items of
jewelry in 4 separate recalls and issued a warning about 2 additional
jewelry items.\2\ Cadmium was also found in the paint on glassware.
CPSC issued a voluntary recall of 12 million ``Shrek'' movie themed
collectable drinking glasses.\3\
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    \2\ CPSC. Staff Briefing Package. Petition HP 10-2. Requesting
Restriction of Cadmium in Toy Jewelry Consumer Product Safety
Commission. February 9, 2011. Staff Report, Cadmium in Children's
Metal Jewelry. Toxicity Review of Cadmium. TAB B pp. 19-39. October
14, 2010. Available on-line at: http://www.cpsc.gov/library/foia/foia11/brief/cadmiumpet.pdf.
    \3\ McDonald's Recalls Movie Themed Drinking Glasses Due to
Potential Cadmium Risk. Available on-line at: http://www.cpsc.gov/CPSCPUB/PREREL/prhtml10/10257.html. Last visited March 4, 2011.
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    Due to the potential health effects of exposure to cadmium or
cadmium compounds, EPA and CPSC are concerned about the possible
presence and bioavailability of cadmium or cadmium compounds in
consumer products generally. However, neither CPSC nor EPA currently
has complete information for assessing the safety of any other consumer
products that may contain cadmium or cadmium compounds.
    4. Information needs. EPA needs health and safety studies for
assessing the extent and degree of exposure and potential hazard
associated with these substances including: Epidemiological or clinical
studies, occupational exposure and health effects studies, ecological
effects studies, and environmental fate studies (including relevant
physical chemical properties).
    Specifically EPA needs studies about the total amount of cadmium or
cadmium compounds contained in a product, the solubility and
bioavailability of cadmium or cadmium compounds (including
accessibility of cadmium or cadmium compounds to children and studies
of the age and foreseeable behavior of children exposed to a product
for children and/or children's toys), the foreseeable duration and
route of potential cadmium or cadmium compounds exposure through
contact with products, and studies on the marketing, patterns of use,
and lifecycle of cadmium-containing products.

                 Table 2--Cadmium and Cadmium Compounds Being Added to the Priority Testing List
----------------------------------------------------------------------------------------------------------------
             CAS No.                                       Cadmium and cadmium compounds
----------------------------------------------------------------------------------------------------------------
506-82-1........................  Cadmium, dimethyl-

513-78-0........................  Carbonic acid, cadmium salt (1:1)
542-83-6........................  Cadmium cyanide (Cd(CN)[ihel2])
543-90-8........................  Acetic acid, cadmium salt (2:1)
592-02-9........................  Cadmium, diethyl-
1306-19-0.......................  Cadmium oxide (CdO)
1306-23-6.......................  Cadmium sulfide (CdS)
1306-24-7.......................  Cadmium selenide (CdSe)
1306-25-8.......................  Cadmium telluride (CdTe)
2191-10-8.......................  Octanoic acid, cadmium salt (2:1)
2223-93-0.......................  Octadecanoic acid, cadmium salt (2:1)
2420-97-5.......................  Benzoic acid, 4-methyl-, cadmium salt (2:1)
2420-98-6.......................  Hexanoic acid, 2-ethyl-, cadmium salt (2:1)
2847-16-7.......................  Decanoic acid, cadmium salt (2:1)
3026-22-0.......................  Benzoic acid, cadmium salt (2:1)
4167-05-9.......................  Benzoic acid, 4-(1,1-dimethylethyl)-, cadmium salt (2:1)
4464-23-7.......................  Formic acid, cadmium salt
5112-16-3.......................  Nonanoic acid, cadmium salt (2:1)
6427-86-7.......................  Hexadecanoic acid, cadmium salt (2:1)
7440-43-9.......................  Cadmium
7789-42-6.......................  Cadmium bromide (CdBr[ihel2])
7790-79-6.......................  Cadmium fluoride (CdF[ihel2])
7790-80-9.......................  Cadmium iodide (CdI[ihel2])
7790-85-4.......................  Cadmium tungsten oxide (CdWO[ihel4])
10108-64-2......................  Cadmium chloride (CdCl[ihel2])
10124-36-4......................  Sulfuric acid, cadmium salt (1:1)
10196-67-5......................  Tetradecanoic acid, cadmium salt (2:1)
10325-94-7......................  Nitric acid, cadmium salt (2:1)
10326-28-0......................  Perchloric acid, cadmium salt, hexahydrate
10468-30-1......................  9-Octadecenoic acid (9Z)-, cadmium salt (2:1)
12006-15-4......................  Cadmium arsenide (Cd[ihel3]As[ihel2])
12014-28-7......................  Cadmium phosphide (Cd[ihel3]P[ihel2])
12014-29-8......................  Antimony, compd. with cadmium (2:3)
12139-22-9......................  Cadmium peroxide (Cd(O[ihel2]))
12139-23-0......................  Cadmium zirconium oxide (CdZrO[ihel3])
12185-64-7......................  Cadmium chloride phosphate (Cd[ihel5]Cl(PO[ihel4])[ihel3])
12187-14-3......................  Cadmium niobium oxide (Cd[ihel2]Nb[ihel2]O[ihel7])
12292-07-8......................  Cadmium tantalum oxide (CdTa[ihel2]O[ihel6])
12442-27-2......................  Cadmium zinc sulfide ((Cd,Zn)S)
12626-36-7......................  Cadmium selenide sulfide (Cd(Se,S))
13477-17-3......................  Phosphoric acid, cadmium salt (2:3)
13477-19-5......................  Silicic acid (H[ihel2]SiO[ihel3]), cadmium salt (1:1)
13814-59-0......................  Selenious acid, cadmium salt (1:1)
13847-17-1......................  Phosphoric acid, cadmium salt (1:?)
14017-36-8......................  Sulfamic acid, cadmium salt (2:1)
14486-19-2......................  Borate(1-), tetrafluoro-, cadmium (2:1)
14520-70-8......................  Phosphoric acid, ammonium cadmium salt (1:1:1)
15600-62-1......................  Diphosphoric acid, cadmium salt (1:2)
15851-44-2......................  Telluric acid (H[ihel2]TeO[ihel3]), cadmium salt (1:1)
15852-14-9......................  Telluric acid (H[ihel2]TeO[ihel4]), cadmium salt (1:1)
16056-72-7......................  Cadmium vanadium oxide (CdV[ihel2]O[ihel6])
19262-93-2......................  Diphosphoric acid, cadmium salt (1:?)
21041-95-2......................  Cadmium hydroxide (Cd(OH)[ihel2])
27476-27-3......................  Benzoic acid, methyl-, cadmium salt (2:1)
29870-72-2......................  Cadmium mercury telluride ((Cd,Hg)Te)
34303-23-6......................  Docosanoic acid, cadmium salt (2:1)
51222-60-7......................  Boric acid, cadmium salt
52337-78-7......................  Benzoic acid, 2-methyl-, cadmium salt (2:1)
61789-34-2......................  Naphthenic acids, cadmium salts
68092-45-5......................  Benzoic acid, 3-methyl-, cadmium salt (2:1)
68131-58-8......................  Fatty acids, C10-18, cadmium salts
68131-59-9......................  Fatty acids, C12-18, cadmium salts
68332-81-0......................  Cadmium zinc sulfide ((Cd,Zn)S), copper and lead-doped
68409-82-5......................  Fatty acids, C14-18, cadmium salts
68478-53-5......................  Cadmium, benzoate p-tert-butylbenzoate complexes
68479-13-0......................  Pyrochlore, bismuth cadmium ruthenium
68512-49-2......................  Cadmium zinc sulfide ((Cd,Zn)S), copper chloride-doped
68512-50-5......................  Cadmium zinc sulfide ((Cd,Zn)S), copper and manganese-doped
68512-51-6......................  Cadmium zinc sulfide ((Cd,Zn)S), aluminum and copper-doped
68583-43-7......................  Cadmium zinc sulfide ((Cd,Zn)S), copper and silver-doped
68583-44-8......................  Cadmium zinc sulfide ((Cd,Zn)S), nickel and silver-doped
68583-45-9......................  Cadmium zinc sulfide ((Cd,Zn)S), silver chloride-doped

68584-41-8......................  Cadmium zinc sulfide ((Cd,Zn)S), aluminum and silver-doped
68584-42-9......................  Cadmium zinc sulfide ((Cd,Zn)S), copper and nickel-doped
68784-10-1......................  Cadmium zinc sulfide ((Cd,Zn)S), aluminum and cobalt and copper and silver-
                                   doped
68784-55-4......................  Barium cadmium calcium chloride fluoride phosphate, antimony and manganese-
                                   doped
68784-58-7......................  Cadmium borate oxide (Cd[ihel3](BO[ihel2])[ihel4]O), manganese-doped
68855-80-1......................  Fatty acids, tall-oil, cadmium salts
68876-84-6......................  Fatty acids, C8-18 and C18-unsatd., cadmium salts
68876-90-4......................  Barium cadmium zinc sulfide (Ba[ihel2](Cd,Zn)S[ihel3]), manganese-doped
68876-98-2......................  Cadmium sulfide (CdS), aluminum and copper-doped
68876-99-3......................  Cadmium sulfide (CdS), aluminum and silver-doped
68877-00-9......................  Cadmium sulfide (CdS), copper chloride-doped
68877-01-0......................  Cadmium sulfide (CdS), silver chloride-doped
68891-87-2......................  Cadmium sulfide (CdS), copper and lead-doped
68953-39-9......................  Fatty acids, tallow, hydrogenated, cadmium salts
68954-18-7......................  Cadmium, laurate palmitate stearate complexes
68956-81-0......................  Resin acids and Rosin acids, cadmium salts
69011-66-1......................  Bismuth alloy, nonbase, Bi,Cd, dross
69011-67-2......................  Bismuth alloy, nonbase, Bi,Cd,In, dross
69011-69-4......................  Cadmium, dross
69011-70-7......................  Cadmium, sponge
69012-57-3......................  Flue dust, cadmium-refining
69029-63-6......................  Calcines, cadmium residue
69029-70-5......................  Leach residues, cadmium-refining
69029-77-2......................  Residues, cadmium-refining
70084-75-2......................  Fatty acids, C12-18, barium cadmium salts
71243-75-9......................  Cadmium selenide sulfide (CdSe0.53S0.47)
72828-62-7......................  Zircon, cadmium red
72869-26-2......................  Cadmium zinc sulfide ((Cd,Zn)S), cobalt and copper-doped
72869-63-7......................  Fatty acids, coco, cadmium salts
72968-34-4......................  Zircon, cadmium yellow
93894-08-7......................  Phenol, 4-nonyl-, cadmium salt (2:1)
135742-32-4.....................  Fatty acids, C6-12, cadmium salts
----------------------------------------------------------------------------------------------------------------

B. Chemicals Removed From the Priority Testing List

    1. HPV Challenge Program orphan chemicals. Two hundred seventy
(270) HPV Challenge Program orphan chemicals were added to the Priority
Testing List in the 55th ITC Report (Ref. 2) and 5 were added to the
Priority Testing List in the 56th ITC Report (Ref. 3).
    Thirty (30) HPV Challenge Program orphan chemicals were removed
from the Priority Testing List in the 56th ITC Report. Eight (8) HPV
Challenge Program orphan chemicals were removed from the Priority
Testing List in the 58th ITC Report (Ref. 4). Thirty-five (35) HPV
Challenge Program orphan chemicals were removed from the Priority
Testing List in the 61st ITC Report (Ref. 5). One HPV Challenge Program
Orphan chemical was removed from the Priority Testing List in the 63rd
ITC Report (Ref. 6).
    In this ITC report 29 HPV Challenge Program orphan chemicals are
being removed from the Priority Testing List because they were included
in the EPA's TSCA section 4 proposed test rule (Ref. 7). (See Table 3
of this unit.)

    Table 3--Twenty-Nine HPV Challenge Program Orphan Chemicals Being Removed From the Priority Testing List
----------------------------------------------------------------------------------------------------------------
                CAS No.                                               Chemical name
----------------------------------------------------------------------------------------------------------------
83-41-0................................  Benzene, 1,2-dimethyl-3-nitro-
96-22-0................................  3-Pentanone
98-09-9................................  Benzenesulfonyl chloride
98-56-6................................  Benzene, 1-chloro-4-(trifluoromethyl)-
111-44-4...............................  Ethane, 1,1'-oxybis[2-chloro-]
127-68-4...............................  Benzenesulfonic acid, 3-nitro-, sodium salt (1:1)
506-51-4...............................  1-Tetracosanol
506-52-5...............................  1-Hexacosanol
515-40-2...............................  Benzene, (2-chloro-1,1-dimethylethyl)-
2494-89-5..............................  Ethanol, 2-[(4-aminophenyl)sulfonyl]-, 1-(hydrogen sulfate)
5026-74-4..............................  2-Oxiranemethanamine, N-[4-(2-oxiranylmethoxy)phenyl]-N-(2-
                                          oxiranylmethyl)-
22527-63-5.............................  Propanoic acid, 2-methyl-, 3-(benzoyloxy)-2,2,4-trimethylpentyl ester
24615-84-7.............................  2-Propenoic acid, 2-carboxyethyl ester
25321-41-9.............................  Benzenesulfonic acid, dimethyl-
25646-71-3.............................  Methanesulfonamide, N-[2-[(4-amino-3-methylphenyl)ethylamino] ethyl]-,
                                          sulfate (2:3)
52556-42-0.............................  1-Propanesulfonic acid, 2-hydroxy-3-(2-propen-1-yloxy)-, sodium salt
                                          (1:1)

61788-76-9.............................  Alkanes, chloro
65996-79-4.............................  Solvent naphtha (coal)
65996-82-9.............................  Tar oils, coal
65996-89-6.............................  Tar, coal, high-temp.
65996-92-1.............................  Distillates (coal tar)
68082-78-0.............................  Lard, oil, Me esters
68187-57-5.............................  Pitch, coal tar-petroleum
68442-60-4.............................  Acetaldehyde, reaction products with formaldehyde, by-products from
68610-90-2.............................  2-Butenedioic acid (2E)-, di-C8-18-alkyl esters
68988-22-7.............................  1,4-Benzenedicarboxylic acid, 1,4-dimethyl ester, manuf. of, by-
                                          products from
70693-50-4.............................  Phenol, 2,4-bis(1-methyl-1-phenylethyl)-6-[2-(2-nitrophenyl)diazenyl]-
72162-15-3.............................  1-Decene, sulfurized
73665-18-6.............................  Extract residues (coal), tar oil alk., naphthalene distn. residues
----------------------------------------------------------------------------------------------------------------

    2. Lead and lead compounds. Lead and lead compounds were added to
the Priority Testing List in the ITC's 60th Report to obtain
unpublished health and safety studies that relate to the lead content
of consumer products that are ``intended for use by children'' and
studies that assess children's exposure to lead from such products
(Ref. 8). At this time the ITC is removing lead and lead compounds from
the Priority Testing List because the EPA has reviewed the unpublished
health and safety studies submitted in response to the TSCA section
8(d) HaSDR rule (Ref. 9).

                  Table 4--Lead and Lead Compounds Being Removed From the Priority Testing List
----------------------------------------------------------------------------------------------------------------
                 CAS No.                                               Chemical Name
----------------------------------------------------------------------------------------------------------------
301-04-2.................................  Acetic acid, lead(2+) salt (2:1)
598-63-0.................................  Carbonic acid, lead(2+) salt (1:1)
1309-60-0................................  Lead oxide (PbO2)
1314-87-0................................  Lead sulfide (PbS)
7428-48-0................................  Octadecanoic acid, lead salt (1:?)
7439-92-1................................  Lead
7446-27-7................................  Phosphoric acid, lead(2+) salt (2:3)
7758-95-4................................  Lead chloride (PbCl2)
7758-97-6................................  Chromic acid (H2CrO4), lead(2+) salt (1:1)
13814-96-5...............................  Borate(1-), tetrafluoro-, lead(2+) (2:1)
53466-66-3...............................  Silicic acid, lead salt, basic
63653-42-9...............................  Sulfuric acid, lead salt (1:?), basic
----------------------------------------------------------------------------------------------------------------

V. References

    1. ITC. Fifty-Second Report of the ITC; Notice. Federal Register
(68 FR 43608, July 23, 2003) (FRL-7314-4). Available on-line at: http://www.gpoaccess.gov/fr.
    2. ITC. Fifty-Fifth Report of the ITC; Notice. Federal Register (70
FR 7364, February 11, 2005) (FRL-7692-1). Available on-line at: http://www.gpoaccess.gov/fr.
    3. ITC. Fifty-Sixth Report of the ITC; Notice. Federal Register (70
FR 61520, October 24, 2005) (FRL-7739-9). Available on-line at: http://www.gpoaccess.gov/fr.
    4. ITC. Fifty-Eighth Report of the ITC; Notice. Federal Register
(71 FR 39188, July 11, 2006) (FRL-8073-7). Available on-line at: http://www.gpoaccess.gov/fr.
    5. ITC. Sixty-First Report of the ITC; Notice. Federal Register (73
FR 5080, January 28, 2008) (FRL-8347-1). Available on-line at: http://www.gpoaccess.gov/fr.
    6. ITC. Sixty-Third Report of the ITC; Notice. Federal Register (73
FR 65486, November 3, 2008) (FRL-8387-6). Available on-line at: http://www.gpoaccess.gov/fr.
    7. EPA. Testing of Certain High Production Volume Chemicals; Third
Group of Chemicals; Proposed rule. Federal Register (75 FR 8575,
February 25, 2010) (FRL-8805-8). Available on-line at: http://www.gpoaccess.gov/fr.
    8. ITC. Sixtieth Report of the ITC; Notice. Federal Register (72 FR
41414, July 27, 2007) (FRL-8137-6). Available online at: http://www.gpoaccess.gov/fr.
    9. EPA. Health and Safety Data Reporting; Addition of Certain
Chemicals; Final rule. Federal Register (73 FR 5109, January 29, 2008)
(FRL-8154-2). Available on-line at: http://www.gpoaccess.gov/fr.

VI. The TSCA Interagency Testing Committee

Statutory Organizations and Their Representatives

Council on Environmental Quality

    Vacant.

Department of Commerce

 National Institute of Standards and Technology

    Dianne L. Poster, Alternate.

National Oceanographic and Atmospheric Administration

    Kimani Kimbrough, Member.
    Anthony S. Pait, Alternate.

Environmental Protection Agency

    Robert W. Jones, Member.
    John E. Schaeffer, Alternate.

National Cancer Institute

    Vacant.

National Institute of Environmental Health Sciences

    Nigel Walker, Member.
    Scott Masten, Alternate.

National Institute for Occupational Safety and Health

    Gayle DeBord, Member.
    Dennis W. Lynch, Alternate.

National Science Foundation

    Vacant.

Occupational Safety and Health Administration

    Thomas Nerad, Member, Chair.

Liaison Organizations and Their Representatives

Agency for Toxic Substances and Disease Registry

    Daphne Moffett, Member.
    Glenn D. Todd, Alternate.

Consumer Product Safety Commission

    Dominique Williams, Member.

Department of Agriculture

    Clifford P. Rice, Member, Vice-Chair.
    Laura L. McConnell, Alternate.

Department of Defense

    Laurie E. Roszell, Member.

Department of the Interior

    Barnett A. Rattner, Member.

Food and Drug Administration

    Kirk Arvidson, Member.
    Ronald F. Chanderbhan, Alternate.

ITC Staff

    John D. Walker, Director.
    Carol Savage, Administrative Assistant (NOWCC Employee).

    TSCA Interagency Testing Committee (7401M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; e-mail address:
<EMAIL_ADDRESS>url: http://www.epa.gov/opptintr/itc.
[FR Doc. 2011-19414 Filed 7-29-11; 8:45 am]
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[Federal Register: July 27, 2010 (Volume 75, Number 143)]
[Rules and Regulations]
[Page 43818]
[DOCID:fr27jy10-11]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0689; Airspace Docket No. 09-AGL-29]
RIN: 2120-AA66

Amendment of VOR Federal Airways V-50, V-251, and V-313 in the
Vicinity of Decatur, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends the legal description of the VHF
omnidirectional range (VOR) Federal Airways V-50, V-251, and V-313 in
the vicinity of Decatur, IL. The FAA is taking this action because the
Decatur VHF omni-directional range/tactical air navigation (VORTAC),
included as part of the V-50, V-251, and V-313 route structure, is
being renamed the Adders VORTAC.

DATES: Effective date 0901 UTC, September 23, 2010. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Colby Abbott, Airspace and Rules
Group, Office of System Operations Airspace and AIM, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by amending the legal description of VOR Federal Airways V-50,
V-251, and V-313, in the vicinity of Decatur, IL. Currently, V-50, V-
251, and V-313 have Decatur, IL, [VORTAC] included as part of their
route structure. The Decatur VORTAC and the Decatur Airport share the
same name and facility identifier (DEC), but are not co-located and are
greater than 5 nautical miles apart. To eliminate the possibility of
confusion, and a potential flight safety issue, the Decatur VORTAC will
be renamed the Adders VORTAC and assigned a new facility identifier
(AXC). All VOR Federal Airways with Decatur, IL, [VORTAC] included in
their legal description will be amended to reflect the Adders, IL,
[VORTAC] name change. The name change of the VORTAC will coincide with
the effective date of this rulemaking action.
    Since this action merely involves editorial changes in the legal
descriptions of VOR Federal Airways, and does not involve a change in
the dimensions or operating requirements of that airspace, notice and
public procedure under 5 U.S.C. 553(b) are unnecessary.
    Domestic VOR Federal Airways are published in paragraph 6010(a) of
FAA Order 7400.9T, signed August 27, 2009, and effective September 15,
2009, which is incorporated by reference in 14 CFR 71.1. The domestic
VOR Federal Airways listed in this document will be published
subsequently in the Order.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a Regulatory Evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
    This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of the
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it revises the legal description of three VOR Federal Airways in the
vicinity of Decatur, IL.

Environmental Review

    There are no changes to the lateral limits. Therefore, the FAA has
determined that this action is not subject to environmental assessments
and procedures in accordance with FAA Order 1050.1E, Policies and
Procedures for Considering Environmental Impacts, and the National
Environmental Policy Act.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority:  49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9T, Airspace Designations and
Reporting Points, signed August 27, 2009, and effective September 15,
2009, is amended as follows:

Paragraph 6010(a) Domestic VOR Federal Airways.

* * * * *

V-50 [Amended]

    From Hastings, NE; Pawnee City, NE; St. Joseph, MO; Kirksville,
MO; Quincy, IL; Spinner, IL; Adders, IL; Terre Haute, IN; Brickyard,
IN; to Dayton, OH.
* * * * *

V-251 [Amended]

    From Adders, IL; Champaign, IL; Danville, IL; to Boiler, IN.
* * * * *

V-313 [Amended]

    From Malden, MO; Cape Girardeau, MO; Centralia, IL; Adders, IL;
to Pontiac, IL.

    Issued in Washington, DC, on July 13, 2010.
Edith V. Parish,
Manager, Airspace and Rules Group.
[FR Doc. 2010-17947 Filed 7-26-10; 8:45 am]
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