[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Notices]
[Pages 14360-14365]
[FR Doc No: 2019-07078]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2018-0410; FRL-9990-58]

Certain New Chemicals; Receipt and Status Information for
November 2018

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA is required under the Toxic Substances Control Act (TSCA),
as amended by the Frank R. Lautenberg Chemical Safety for the 21st
Century Act, to make information publicly available and to publish
information in the Federal Register pertaining to submissions under
TSCA Section 5, including notice of receipt of a Premanufacture notice
(PMN), Significant New Use Notice (SNUN) or Microbial Commercial
Activity Notice (MCAN), including an amended notice or test
information; an exemption application (Biotech exemption); an
application for a test marketing

exemption (TME), both pending and/or concluded; a notice of
commencement (NOC) of manufacture (including import) for new chemical
substances; and a periodic status report on new chemical substances
that are currently under EPA review or have recently concluded review.
This document covers the period from 11/01/2018 to 11/30/2018.

DATES: Comments identified by the specific case number provided in this
document must be received on or before May 10, 2019.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPPT-2018-0410, and the specific case number for the
chemical substance related to your comment, by one of the following
methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     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: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html. Additional
instructions on commenting or visiting the docket, along with more
information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: For technical information contact: Jim
Rahai, Information Management Division (7407M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 564-8593; email address: [email protected].
    For general information contact: The TSCA-Hotline, ABVI-Goodwill,
422 South Clinton Ave., Rochester, NY 14620; telephone number: (202)
554-1404; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. What action is the Agency taking?

    This document provides the receipt and status reports for the
period from 11/01/2018 to 11/30/2018. The Agency is providing notice of
receipt of PMNs, SNUNs and MCANs (including amended notices and test
information); an exemption application under 40 CFR part 725 (Biotech
exemption); TMEs, both pending and/or concluded; NOCs to manufacture a
new chemical substance; and a periodic status report on new chemical
substances that are currently under EPA review or have recently
concluded review.
    EPA is also providing information on its website about cases
reviewed under the amended TSCA, including the section 5 PMN/SNUN/MCAN
and exemption notices received, the date of receipt, the final EPA
determination on the notice, and the effective date of EPA's
determination for PMN/SNUN/MCAN notices on its website at: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/status-pre-manufacture-notices. This information is updated on a
weekly basis.

B. What is the Agency's authority for taking this action?

    Under the TSCA, 15 U.S.C. 2601 et seq., a chemical substance may be
either an ``existing'' chemical substance or a ``new'' chemical
substance. Any chemical substance that is not on EPA's TSCA Inventory
of Chemical Substances (TSCA Inventory) is classified as a ``new
chemical substance,'' while a chemical substance that is listed on the
TSCA Inventory is classified as an ``existing chemical substance.''
(See TSCA section 3(11).) For more information about the TSCA Inventory
go to: https://www.epa.gov/tsca-inventory.
    Any person who intends to manufacture (including import) a new
chemical substance for a non-exempt commercial purpose, or to
manufacture or process a chemical substance in a non-exempt manner for
a use that EPA has determined is a significant new use, is required by
TSCA section 5 to provide EPA with a PMN, MCAN or SNUN, as appropriate,
before initiating the activity. EPA will review the notice, make a risk
determination on the chemical substance or significant new use, and
take appropriate action as described in TSCA section 5(a)(3).
    TSCA section 5(h)(1) authorizes EPA to allow persons, upon
application and under appropriate restrictions, to manufacture or
process a new chemical substance, or a chemical substance subject to a
significant new use rule (SNUR) issued under TSCA section 5(a)(2), for
``test marketing'' purposes, upon a showing that the manufacture,
processing, distribution in commerce, use, and disposal of the chemical
will not present an unreasonable risk of injury to health or the
environment. This is referred to as a test marketing exemption, or TME.
For more information about the requirements applicable to a new
chemical go to: http://www.epa.gov/oppt/newchems.
    Under TSCA sections 5 and 8 and EPA regulations, EPA is required to
publish in the Federal Register certain information, including notice
of receipt of a PMN/SNUN/MCAN (including amended notices and test
information); an exemption application under 40 CFR part 725 (biotech
exemption); an application for a TME, both pending and concluded; NOCs
to manufacture a new chemical substance; and a periodic status report
on the new chemical substances that are currently under EPA review or
have recently concluded review.

C. Does this action apply to me?

    This action provides information that is directed to the public in
general.

D. Does this action have any incremental economic impacts or paperwork
burdens?

    No.

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

    1. Submitting confidential business information (CBI). Do not
submit this information to EPA through regulations.gov or email.
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 preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Status Reports

    In the past, EPA has published individual notices reflecting the
status of TSCA section 5 filings received, pending or concluded. In
1995, the Agency modified its approach and streamlined the information
published in the Federal Register after providing notice of such
changes to the public and an opportunity to comment (See the

Federal Register of May 12, 1995 (60 FR 25798) (FRL-4942-7). Since the
passage of the Lautenberg amendments to TSCA in 2016, public interest
in information on the status of section 5 cases under EPA review and,
in particular, the final determination of such cases, has increased. In
an effort to be responsive to the regulated community, the users of
this information, and the general public, to comply with the
requirements of TSCA, to conserve EPA resources and to streamline the
process and make it more timely, EPA is providing information on its
website about cases reviewed under the amended TSCA, including the
section 5 PMN/SNUN/MCAN and exemption notices received, the date of
receipt, the final EPA determination on the notice, and the effective
date of EPA's determination for PMN/SNUN/MCAN notices on its website
at: https://www.epa.gov/reviewing-new-chemicals-under-toxic-substances-control-act-tsca/status-pre-manufacture-notices. This information is
updated on a weekly basis.

III. Receipt Reports

    For the PMN/SNUN/MCANs received by EPA during this period, Table I
provides the following information (to the extent that such information
is not subject to a CBI claim) on the notices received by EPA during
this period: The EPA case number assigned to the notice that indicates
whether the submission is an initial submission, or an amendment, a
notation of which version was received, the date the notice was
received by EPA, the submitting manufacturer (i.e., domestic producer
or importer), the potential uses identified by the manufacturer in the
notice, and the chemical substance identity.
    As used in each of the tables in this unit, (S) indicates that the
information in the table is the specific information provided by the
submitter, and (G) indicates that this information in the table is
generic information because the specific information provided by the
submitter was claimed as CBI. Submissions which are initial submissions
will not have a letter following the case number. Submissions which are
amendments to previous submissions will have a case number followed by
the letter ``A'' (e.g. P-18-1234A). The version column designates
submissions in sequence as ``1'', ``2'', ``3'', etc. Note that in some
cases, an initial submission is not numbered as version 1; this is
because earlier versions were rejected as incomplete or invalid
submissions. Note also that future versions of the following tables may
adjust slightly as the Agency works to automate population of the data
in the tables.

                         Table I--PMN/SNUN/MCANs Received From 11/01/2018 to 11/30/2018
----------------------------------------------------------------------------------------------------------------
                                        Received
         Case No.           Version       date         Manufacturer             Use           Chemical substance
----------------------------------------------------------------------------------------------------------------
J-19-0006................          1   11/16/2018  Danisco US, Inc....  (G) Production of a  (G) Genetically
                                                                         chemical substance.  modified
                                                                                microorganism for
                                                                                the production of
                                                                                a chemical
                                                                                substance.
J-19-0007................          1   11/16/2018  Danisco US, Inc....  (G) Production of a  (G) Genetically
                                                                         chemical substance.  modified
                                                                                microorganism for
                                                                                the production of
                                                                                a chemical
                                                                                substance.
J-19-0008................          1   11/16/2018  Danisco US, Inc....  (G) Production of a  (G) Genetically
                                                                         chemical substance.  modified
                                                                                microorganism for
                                                                                the production of
                                                                                a chemical
                                                                                substance.
J-19-0009................          3   11/21/2018  CBI................  (G) Production of    (G) Microorganism
                                                                         basic nitrogen-      producing basic
                                                                         containing acid.     nitrogen-
                                                                                containing acid.
J-19-0010................          3   11/21/2018  CBI................  (G) Production of    (G) Microorganism
                                                                         basic nitrogen-      producing basic
                                                                         containing acid.     nitrogen-
                                                                                containing acid.
P-18-0377................          3   11/16/2018  CBI................  (G) microelectronic  (G) N,N-Bis
                                                                         use.                 (haloalkylsubstitu
                                                                                ted) sulfamide.
P-18-0385................          2   11/14/2018  Colonial Chemical,   (S) Liquid Laundry.  (S) D-
                                                    Inc.                                      Glucopyranose,
                                                                                oligomeric, Bu
                                                                                glycosides,
                                                                                polymers with
                                                                                epichlorohydrin, 2-
                                                                                hydroxy-3-
                                                                                sulfopropyl
                                                                                ethers, sodium
                                                                                salts.
P-19-0001................          2    11/1/2018  Burgess Pigment      (G) Filler for       (G) Aluminum
                                                    Company.             plastic.             silicate clay
                                                                                treated with
                                                                                siloxane (vinyl
                                                                                functionality).
P-19-0012................          4    11/8/2018  CBI................  (S) Resin component  (G)
                                                                         for the              Benzenedicarboxyli
                                                                         polyisocyanurate     c acid, polymer
                                                                         (S) Resin            with
                                                                         component in         isobenzofurandione
                                                                         specialty            and oxybis
                                                                         polyurethane kits    [ethanol].
                                                                         and systems for
                                                                         aerospace and
                                                                         military
                                                                         applications.
P-19-0012................          5   11/26/2018  CBI................  (S) Resin component  (G)
                                                                         for the              Benzenedicarboxyli
                                                                         polyisocyanurate.    c acid, polymer
                                                                        (S) Resin component   with
                                                                         in specialty         isobenzofurandione
                                                                         polyurethane kits    and oxybis
                                                                         and systems for      [ethanol].
                                                                         aerospace and
                                                                         military
                                                                         applications.
P-19-0013................          2   11/15/2018  CBI................  (S) Surfactant for   (G) Alkyl Cyclic
                                                                         use in asphalt       Amide.
                                                                         emulsions.
P-19-0014................          2    11/5/2018  CBI................  (S) Emulsifier for   (G) Alkyl Cyclic
                                                                         use in asphalt       Amide Chloride.
                                                                         applications.
P-19-0015................          2   11/15/2018  CBI................  (S) Emulsifier for   (G) Alkyl Cyclic
                                                                         use in asphalt       Amide.
                                                                         applications.
P-19-0016................          2   11/15/2018  CBI................  (S) Emulsifier for   (G) Alkyl Cyclic
                                                                         use in asphalt       Amide Chloride.
                                                                         applications.
P-19-0017................          2   11/15/2018  CBI................  (S) Emulsifier for   (G) Alkyl Amide
                                                                         use in asphalt       Alcohol.
                                                                         applications.
P-19-0018................          2   11/15/2018  CBI................  (S) Emulsifier for   (G) Alkyl Amide
                                                                         use in asphalt       Alcohol Chloride.
                                                                         applications.
P-19-0019................          1    11/8/2018  CBI................  (G) Intermediate...  (G) Haloalkane.

P-19-0020................          1    11/8/2018  CBI................  (G) Lubricating oil  (G) Alkylphenol,
                                                                         additive.            reaction products
                                                                                with carbon
                                                                                dioxide, distn.
                                                                                residues from
                                                                                manuf. of
                                                                                alkylphenol
                                                                                derivs. and
                                                                                calcium
                                                                                alkylphenol
                                                                                derivs.
P-19-0021................          1    11/9/2018  Nippon Kayaku        (G) Pigment ink....  (G) Hydroxyalkyl
                                                    America, Inc.                             carboxylic acid,
                                                                                polymer with
                                                                                alkylamine,
                                                                                alkylene
                                                                                carbonate,
                                                                                alkanediol,
                                                                                isocyanate, compd.
                                                                                with alkylamine.
P-19-0022................          1    11/9/2018  Nippon Kayaku        (G) Pigment ink....  (G) Hydroxyalkyl
                                                    America, Inc.                             carboxylic acid,
                                                                                polymer with
                                                                                alkylamine, alkyl
                                                                                carbonate,
                                                                                alkanediol,
                                                                                isocyanate, compd.
                                                                                with alkylamine.
P-19-0023................          1   11/16/2018  Allnex USA, Inc....  (S) Powder coating   (G) Substituted
                                                                         resin for            carbomonocyle,
                                                                         industrial           polymer with
                                                                         application.         substituted
                                                                                carbomonocycles,
                                                                                dialkyl-
                                                                                alkanediol, alkyl-
                                                                                hydroxyalkyl-
                                                                                alkanediol and
                                                                                alkanedioic acid.
P-19-0024................          1   11/16/2018  Sales and            (S) Hot Mix Asphalt  (S) 1-
                                                    Distribution         Application, (S)     Octadecanaminium,
                                                    Services, Inc.       Waterproofing        N,N-dimethyl-N-[3-
                                                                         Application, (S)     (trimethoxysilyl)p
                                                                         Asphalt Emulsion     ropyl]-, chloride
                                                                         Application.         (1:1) , reaction
                                                                                products with
                                                                                water,
                                                                                Trimethoxy(propyl)
                                                                                silane,
                                                                                Trimethoxy(methyl)
                                                                                silane, Tetraethyl
                                                                                orthosilicate and
                                                                                ethane-1,2-diol.
P-19-0025................          1   11/19/2018  Bercen, Inc........  (G) Hydrophobe       (S) 11-Docosene.
                                                                         formulation.
P-19-0026................          1   11/27/2018  Allnex USA, Inc....  (S) The PMN          (G) Alkanoic acid,
                                                                         substance is an      compds. with
                                                                         isolated             substituted
                                                                         intermediate         carbomonocycle-
                                                                         incorporated as a    dialkyl-
                                                                         component in         alkanediamine-
                                                                         several allnex       halosubstitued
                                                                         coating resin        heteromonocycle-
                                                                         products used as     polyalkylene
                                                                         additives for        glycol polymer-
                                                                         corrosion            dialkanolamine
                                                                         protection.          reaction products.
P-19-0027................          1   11/28/2018  Allnex USA, Inc....  (S) The PMN          (G) Substituted
                                                                         substance is a       Carbomoncycle,
                                                                         component in         polymer with
                                                                         several allnex       haloalkyl
                                                                         coating resin        substituted
                                                                         products used as     heteromonocycle,
                                                                         additives for        dialkyl-
                                                                         corrosion            alkanediamine and
                                                                         protection.          hydro-
                                                                                hydroxypoly[oxy(al
                                                                                kyl-alkanediyl)],
                                                                                reaction products
                                                                                with metal oxide
                                                                                and
                                                                                dialkanolamine,
                                                                                acetates (salts).
P-19-0028................          3   11/30/2018  CBI................  (G) Lubricating oil  (G) Alkyl
                                                                         additive.            salicylate, metal
                                                                                salts.
P-19-0029................          1   11/29/2018  Cytec Industries,    (G) Catalyst.......  (S) Phosphonium,
                                                    Inc.                                      tributylethyl-,
                                                                                diethyl phosphate
                                                                                (1:1).
----------------------------------------------------------------------------------------------------------------

    In Table II. of this unit, EPA provides the following information
(to the extent that such information is not claimed as CBI) on the NOCs
received by EPA during this period: The EPA case number assigned to the
NOC including whether the submission was an initial or amended
submission, the date the NOC was received by EPA, the date of
commencement provided by the submitter in the NOC, a notation of the
type of amendment (e.g., amendment to generic name, specific name,
technical contact information, etc.) and chemical substance identity.

                              Table II--NOCs Received From 11/01/2018 to 11/30/2018
----------------------------------------------------------------------------------------------------------------
                                              Commencement    If Amendment, type of
          Case No.            Received date       date              amendment             Chemical substance
----------------------------------------------------------------------------------------------------------------
P-08-0175..................      11/06/2018      05/17/2008  ......................  (S) Hexanedioic acid,
                                                                                polymer with 1,4-
                                                                                butanediol, dimethyl
                                                                                carbonate, 1,2-ethanediol,
                                                                                1,6-hexanediol and 1,1'-
                                                                                methylenebis[4-
                                                                                isocyanatobenzene]*.
P-11-0069..................      11/06/2018      06/06/2011  ......................  (G) Dispersible isocyanate
                                                                                crosslinker.
P-13-0231..................      11/08/2018      10/16/2018  ......................  (G) Alkylmethacrylate
                                                                                polymer, with alkyl
                                                                                acrylate, aromatic vinyl
                                                                                monomer and alkyl
                                                                                acrylate.
P-14-0510..................      11/26/2018      05/15/2015  ......................  (S) Amides, vegetable-oil,
                                                                                n,n-bis(hydroxyethyl),
                                                                                reaction products with
                                                                                maleic anhydride and
                                                                                sodium sulfite (2:1).
P-16-0462A.................      11/02/2018      07/26/2018  To submit a revised     (G) Ash (residues),
                                                              generic name.           reaction products with
                                                                                tetraethoxydioxa-
                                                                                polyheteroatom-
                                                                                disilaalkane.
P-16-0484..................      11/06/2018      10/17/2018  ......................  (G) Phosphoric acid, metal
                                                                                salt, cmpd. w/substituted
                                                                                aromatic heterocycle.
P-17-0215..................      11/21/2018      11/19/2018  ......................  (S) 2-butenedioic acid (2z)-
                                                                                , 1,4-dibutyl ester,
                                                                                polymer with 1-hexadecene
                                                                                and 1-tetradecene.

P-17-0270..................      11/14/2018      10/19/2018  ......................  (G) Alkyl perfluorinated
                                                                                acryloyl ester.
P-17-0278..................      11/06/2018      10/25/2018  ......................  (G) Fatty acid derived
                                                                                imidazoline salts.
P-18-0070..................      11/08/2018      11/05/2018  ......................  (G) Waste plastics,
                                                                                polyester, depolymd. with
                                                                                glycols, polymers with
                                                                                dicarboxylic acids.
P-18-0102..................      11/09/2018      11/08/2018  ......................  (G) Alkenoic acid, ester
                                                                                with
                                                                                [oxybis(alkylene)]bis[alky
                                                                                l-substituted alkanediol],
                                                                                polymer with
                                                                                alkylcarbonate,
                                                                                alkanediols, substituted
                                                                                alkanoic acid and
                                                                                isocyanate and alkyl
                                                                                substituted
                                                                                carbomonocycle, sodium
                                                                                salt.
P-18-0134..................      11/09/2018      11/07/2018  ......................  (S) Benzene, 1-
                                                                                (chloromethyl)-3-methyl-.
P-18-0231..................      11/11/2018      11/09/2018  ......................  (G) Alkanoic acid,
                                                                                substituted alkyl-,
                                                                                polymer with
                                                                                isocyanatoalkane, alkyl
                                                                                carbonate, alkanediol and
                                                                                polyalkylene glycol ether
                                                                                with alkyl(substituted
                                                                                alkyl) alkanediol
                                                                                alkenoate, glycerol
                                                                                monoacrylate alkanoate-
                                                                                blocked.
----------------------------------------------------------------------------------------------------------------

    In Table III. of this unit, EPA provides the following information
(to the extent such information is not subject to a CBI claim) on the
test information received by EPA during this time period: The EPA case
number assigned to the test information; the date the test information
was received by EPA, the type of test information submitted, and
chemical substance identity.

   Table III--Test Information Received From 11/01/2018 to 11/30/2018
------------------------------------------------------------------------
                                         Type of test        Chemical
       Case No.         Received date     information       substance
------------------------------------------------------------------------
P-18-0293............      11/01/2018  In vitro          (S)
                                        mammalian         propanedioic
                                        chromosome        acid, 2-
                                        aberration test   methylene-,
                                        (OECD 473).       1,3-dihexyl
                                                          ester.
P-18-0294............      11/01/2018  In vitro          (S)
                                        mammalian         propanedioic
                                        chromosome        acid, 2-
                                        aberration test   methylene-,
                                        (OECD 473).       1,3-
                                                          dicyclohexyl
                                                          ester.
P-11-0483............      11/02/2018  Avian             (G) alkyl
                                        reproduction      thiol.
                                        test (OECD 206).
P-18-0128............      11/02/2018  Acute dermal      (S) inulin, 2-
                                        irritation test   hydroxy-3-
                                        (OECD 404),       (trimethylammo
                                        Acute eye         nio)propyl
                                        irritation test   ether,
                                        (OECD 405),       chloride.
                                        Inherent
                                        biodegradation
                                        test (OECD
                                        302C).
P-18-0350............      11/05/2018  NMR test........  (G) aqueous
                                                          methacrylamido
                                                          modified
                                                          polysiloxane.
P-11-0557............      11/05/2018  Annual import     (G) 2-propenoic
                                        volume            acid, 2-methyl-
                                        (Certificate of   , 2-
                                        Analysis).        hydroxyethyl
                                                          ester,
                                                          telomers with
                                                          C18-26-alkyl
                                                          acrylate, 1-
                                                          dodecanethiol,
                                                          N-
                                                          (hydroxymethyl
                                                          )-2-methyl-2-
                                                          propenamide,
                                                          polyfluoroocty
                                                          l methacrylate
                                                          and vinylidene
                                                          chloride, 2,2'-
                                                          [1 ,2-
                                                          diazenediylbis
                                                          (1-
                                                          methylethylide
                                                          ne)bis[4,5-
                                                          dihydro-1 H-
                                                          imidazole]
                                                          hydrochloride
                                                          (1 :2)-
                                                          initiated.
P-12-0242............      11/05/2018  Annual import     (G) 2-propenoic
                                        volume            acid, 2-methyl-
                                        (Certificate of   , 2-
                                        Analysis).        hydroxyethyl
                                                          ester,
                                                          telomers with
                                                          C18-26-alkyl
                                                          acrylate, 1-
                                                          dodecanethiol,
                                                          N-
                                                          (hydroxymethyl
                                                          )-2-methyl-2-
                                                          propenamide,
                                                          polyfluoroocty
                                                          l
                                                          methacrylate,
                                                          2,2'-[1,2-
                                                          diazenediylbis
                                                          (1-
                                                          methylethylide
                                                          ne)]-bis[4,5-
                                                          dihydro-1H-
                                                          imidazole]
                                                          hydrochloride
                                                          (1:2)-
                                                          initiated.
P-16-0446............      11/07/2018  Acute inhalation  (G) fatty
                                        irritation        acids,
                                        (OECD 403).       reaction
                                                          products with
                                                          alkylamine,
                                                          polymers with
                                                          substituted
                                                          carbomonocycle
                                                          , substituted
                                                          alkylamines,
                                                          heteromonocycl
                                                          e and
                                                          substituted
                                                          alkanoate,
                                                          lactates
                                                          (salts).
SN-17-0011...........      11/08/2018  Reproductive and  (G)
                                        fertility         polyfluorohydr
                                        effects test      ocarbon.
                                        (OECD 416).
P-16-0543............      11/14/2018  Exposure          (G)
                                        monitoring        halogenophosph
                                        report.           oric acid
                                                          metal salt.
P-17-0253............      11/15/2018  Tier 2            (G) oxirane, 2-
                                        inhalation        methyl-,
                                        toxicology test   polymer with
                                        (OECD 412).       oxirane,
                                                          methyl 2-
                                                          (substituted
                                                          carbomonocycle
                                                          isoquinolin-
                                                          2(3H)-yl)
                                                          propyl ether.
P-19-0019............      11/20/2018  Bacterial         (G) haloalkane.
                                        reverse
                                        mutation test
                                        (OECD 471).
P-11-0063............      11/23/2018  Anaerobic         (G)
                                        Transformation    perfluoroalkyl
                                        in Soil (OECD     acryalte
                                        307).             copolymer.
P-14-0712............      11/26/2018  PCCD/F EPA Test   (G) plastics,
                                        Method 8290A.     wastes,
                                                          pyrolyzed, C5-
                                                          55 fraction.
P-17-0195............      11/28/2018  Combined          (G) 1,3-
                                        Repeated Dose     Propanediol, 2-
                                        Toxicity Study    methylene-
                                        (OECD 422),       substituted.
                                        Unscheduled DNA
                                        Synthesis (OECD
                                        486).
P-17-0345............      11/28/2018  Bovine Corneal    (G)
                                        Opacity and       Polyurethane,
                                        Permeability      methacrylate
                                        (BCOP) (OECD      blocked.
                                        437).
------------------------------------------------------------------------

    If you are interested in information that is not included in these
tables, you may contact EPA's technical information contact or general
information contact as described under FOR FURTHER INFORMATION CONTACT
to access additional non-CBI information that may be available.

    Authority: 15 U.S.C. 2601 et seq.

    Dated: March 7, 2019.
Pamela Myrick,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. 2019-07078 Filed 4-9-19; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 82, Number 135 (Monday, July 17, 2017)]
[Notices]
[Pages 32758-32759]
[FR Doc No: 2017-14931]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[U.S. DOT Docket No. NHTSA-2017-0052]

Reports, Forms, and Record Keeping Requirements

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

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

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

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

DATES: Comments must be received on or before September 15, 2017.

ADDRESSES: You may submit comments identified by DOT Docket Number
NHTSA-2017-0052 using any of the following methods:
    Electronic submissions: Go to http://www.regulations.gov. Follow
the online instructions for submitting comments.
    Mail: Docket Management Facility, M-30, U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor,
Room W12-140, Washington, DC 20590.
    Hand Delivery: West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Fax: 1-202-493-2251.
    Each submission must include the agency name and the docket number
for this notice. Note that all comments received will be posted without
change to http://www.regulations.gov, including any personal
information provided.

FOR FURTHER INFORMATION CONTACT: Kathy J. Sifrit, Contracting Officer's
Representative, Office of Behavioral Safety Research (NPD-320),
National Highway Traffic Safety Administration, 1200 New Jersey Avenue
SE., W46-466, Washington, DC 20590. Dr. Sifrit's phone number is 202-
366-0868, and her email address is<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the Paperwork Reduction Act of 1995,
before an agency submits a proposed collection of information to OMB
for approval, it must publish a document in the Federal Register
providing a 60-day comment period and otherwise consult with members of
the public and affected agencies concerning each proposed collection of
information. The OMB has promulgated regulations describing what must
be included in such a document. Under OMB's regulations (at 5 CFR
1320.8(d)), an agency must ask for public comment on the following:
    (i) Whether the proposed collection of information is necessary for
the proper performance of the functions of the agency, including
whether the information will have practical utility;
    (ii) the accuracy of the agency's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used;
    (iii) how to enhance the quality, utility, and clarity of the
information to be collected; and
    (iv) how to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses.
    In compliance with these requirements, NHTSA asks public comment on
the following proposed collection of information:
    Title: Visual Scanning Training for Older Drivers.
    Type of Request: New information collection.
    OMB Clearance Number: None.
    Form Number: NHTSA Forms 1400, 1401 and 1402.
    Requested Expiration Date of Approval: 3 years from date of
approval.
    Summary of the Collection of Information: The National Highway
Traffic Safety Administration (NHTSA) proposes to collect information
from licensed older drivers to determine (1) their eligibility to
participate in a study of the effectiveness of a visual scanning
training protocol to improve driving safety, (2) their attitudes about
the training procedures and their perceptions of its benefits, and (3)
the driving performance during on-road evaluations to measure training
effectiveness.
    Study participation will be voluntary and solicited through
informational sessions delivered by a research team member to residents
of a continuing care retirement community. The administrator of the
host facility will post notices describing the presentation. During the
presentation, attendees will be invited to join the research study.
Those who indicate an interest in participating will be asked their age
and four screening questions to determine their eligibility for the
study. A research team member will make appointments to answer any
questions participants may have about the study, to obtain their
signatures on an informed consent agreement approved by an
Institutional Review Board (IRB), and to check for color vision and
binocular vision limitations.
    Consented study participants will be randomly assigned within age
and gender categories to either participation in the visual scanning
training program (four one-on-one training sessions of one-hour each)
or to a control (placebo) activity for the same amount of time. All

participants will also undergo three one-hour on-road evaluations by a
Certified Driver Rehabilitation Specialist (CDRS) over the course of
the study. The CDRS will provide instructions to the driver about what
route to follow and will score driving performance using standard
procedures and criteria that are broadly accepted in the profession.
Following the second and third evaluations, each study participant will
receive a $100 gift card as compensation for participation for a total
value of $200 per participant.
    Audio recordings of the scanning training sessions will be made,
and any comments about the training offered by participants will be
noted by research staff during review of the recordings. After
completing visual scanning training, participants will complete a brief
questionnaire to determine whether they believe the training will help
them to be a safer driver, whether they would recommend the training to
friends or relatives, and what they would pay for such training.
    Description of the Need for the Information and Proposed Use of the
Information--NHTSA was established to reduce the number of deaths,
injuries, and economic losses resulting from motor vehicle crashes on
the Nation's highways. As part of this statutory mandate, NHTSA is
authorized to conduct research as a foundation for the development of
traffic safety programs.
    Older adults comprise an increasing proportion of the licensed
population, and exposure-based analyses of crash risk have consistently
shown increased rates of involvement for drivers as they age into their
70's and beyond. Further, these crash risk studies have identified
particular situations where older drivers are most at risk. These
situations often require significant visual search and attention, such
as maneuvers at intersections and in merging situations.
    As the effect of this age-related decline in visual search and
attention on safe driving abilities has become better understood,
researchers have developed different strategies and techniques to
ameliorate it. The visual scanning training protocol that is the focus
of this study was designed to be delivered by a generalist occupational
therapist (OT). The OT would conduct the one-on-one sessions in a
clinical setting, targeting visual field expansion, simultaneous
processing of multiple visual stimuli, and ocular skill (visual search
routine) exercises. NHTSA's study ``Validation of Rehabilitation
Training Programs for Older Drivers'' (DOT HS 811 749; April 2013)
provided a preliminary analysis of the training's effectiveness. While
these results were encouraging, the research team concluded that
widespread promotion of this intervention would require additional
evidence.
    Following efforts to refine and streamline the training protocol, a
larger sample of healthy older drivers will receive the updated
training program. The study will measure effectiveness of the training
by comparison of CDRS road test scores to a control group while also
gauging drivers' attitudes and perceptions about the training
experience. The original training program developer and supporting
research team will direct and perform this study.
    Description of the Likely Respondents (Including Estimated Number,
and Proposed Frequency of Response to the Collection of Information)--
Responds will be residents of a continuing care retirement community.
Residents interested in participating will be excluded if they have
been advised to alter or restrict driving by a physician/health care
professional; if they require use of any adaptive vehicle controls
(e.g., hand controls or left foot accelerator); if they have color
vision problems; or if they do not hold a valid driver's license. We
anticipate screening 135 residents to recruit 90 older drivers for the
study with 60 between the ages of 70 and 79 and 30 ages 80 or older. A
roughly equal distribution of males and females will be sought within
each age cohort. Overall, 45 older drivers will be randomly assigned to
the treatment group (visual scanning training protocol) and 45 to the
control (placebo) group (internet search strategies for locating
information and resources to improve driving safety).
    The screening of the estimated 135 respondents will occur once. The
response to informed consent and check for vision limitations for the
90 participants occurs just once, but the study requires participation
in the subsequent four training sessions and three on-road driving
evaluations. The 45 participants who received the training will
complete a brief one-time questionnaire about attitudes and beliefs
about the training program administered at the end of the training
protocol.
    Estimate of the Total Annual Reporting and Record Keeping Burden
Resulting from the Collection of Information--The total estimated
burden for this information collection is 689 hours and 15 minutes. The
estimated 135 post-presentation sign-up interactions to learn the age
of interested candidates and ask the questions about exclusion criteria
will average 3 minutes in length for an estimated total burden of 6
hours and 45 minutes. All of the 90 participants will attend a 30-
minute meeting to obtain informed consent and check for color and
binocular vision limitations, four one-hour training sessions, and
three one-hour on-road evaluations for an estimated total burden of 675
hours. The 45 treatment group participants also will be asked to
complete a ten-minute questionnaire to collect attitudes and beliefs
about the visual scanning training protocol for a total estimated
burden of 7 hours and 30 minutes. Participants will incur no costs from
the data collection, and participants will incur no record keeping
burden and no record keeping cost from the information collection.

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

    Issued in Washington, DC on July 7, 2017.
Jeff Michael,
Associate Administrator, Research and Program Development.
[FR Doc. 2017-14931 Filed 7-14-17; 8:45 am]
BILLING CODE P


[Federal Register: May 15, 2009 (Volume 74, Number 93)]
[Rules and Regulations]
[Page 22820]
[DOCID:fr15my09-3]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2008-1230; Airspace Docket No. 08-ACE-1]

Amendment of Class E Airspace; Fulton, MO

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This action amends Class E airspace at Fulton, MO. Additional
controlled airspace is necessary to accommodate Area Navigation (RNAV)
Standard Instrument Approach Procedures (SIAPs) at Elton Hensley
Memorial Airport, Fulton, MO. This action will also adjust the
geographic coordinates of Elton Hensley Memorial Airport. The FAA is
taking this action to enhance the safety and management of Instrument
Flight Rule (IFR) operations at Elton Hensley Memorial Airport.

DATES: Effective Date: 0901 UTC, August 27, 2009. 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: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76193-0530; telephone (817)
321-7716.

SUPPLEMENTARY INFORMATION:

History

    On February 24, 2009, the FAA published in the Federal Register a
notice of proposed rulemaking to amend Class E airspace at Fulton, MO,
adding additional controlled airspace and adjusting the geographic
coordinates at Elton Hensley Memorial Airport, Fulton, MO (74 FR 8218,
Docket No. FAA-2008-1230). Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9S
signed October 3, 2008, and effective October 31, 2008, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
that Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace at Fulton, MO, adding additional
controlled airspace at Elton Hensley Memorial Airport, Fulton, MO, and
adjusting the geographic coordinates of Elton Hensley Memorial Airport.
    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 U.S. Code. Subtitle 1, 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
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 adds additional controlled airspace at Elton Hensley Memorial
Airport, Fulton, MO.

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 Part 71.1 of the Federal
Aviation Administration Order 7400.9S, Airspace Designations and
Reporting Points, signed October 3, 2008, and effective October 31,
2008, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

ACE MO E5 Fulton, MO [Amended]

Fulton, Elton Hensley Memorial Airport, MO
    (Lat. 38[deg]50'17'' N., long. 92[deg]00'09'' W.)

Guthrie NDB (FTT)
    (Lat. 38[deg]50'34'' N., long. 92[deg]00'17'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Elton Hensley Memorial Airport and
within 2.6 miles each side of the 069[deg] bearing from the Guthrie
NDB extending from the 6.5-mile radius of the airport to 7 miles
northeast of the NDB, and within 2.6 miles each side of the 229[deg]
bearing from the NDB extending from the 6.5-mile radius of the
airport to 7 miles southwest of the NDB.
* * * * *

    Issued in Fort Worth, TX, on April 24, 2009.
Roger M. Trevino,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. E9-10986 Filed 5-14-09; 8:45 am]

BILLING CODE 4910-13-P


[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Notices]
[Pages 37388-37390]
[FR Doc No: 2011-15964]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64713; File No. SR-NASDAQ-2011-082]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change to
Align Certain Disclosure Requirements in Nasdaq's Corporate Governance
Rules with Similar Disclosure Requirements in the Commission's Rules

 June 21, 2011.
    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 9, 2011, The NASDAQ Stock Market LLC (``Nasdaq'') filed with
the Securities and Exchange Commission (``Commission'')

the proposed rule change as described in Items I and II below, which
Items have been prepared by Nasdaq. The Exchange filed the proposal as
a ``non-controversial'' proposed rule change pursuant to Section
19(b)(3)(A) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    Nasdaq proposes to align certain disclosure requirements in
Nasdaq's corporate governance rules with similar disclosure
requirements in the Commission's rules. Nasdaq will implement the
proposed rule change thirty days after the date of the filing. The text
of the proposed rule change is below. Proposed new language is in
italics; proposed deletions are in brackets.\5\
---------------------------------------------------------------------------

    \5\ Changes are marked to the rule text that appears in the
electronic manual of Nasdaq found at http://nasdaqomx.cchwallstreet.com.
---------------------------------------------------------------------------

* * * * *

5605.  Boards of Directors and Committees.

    (a) No change.
    IM-5605. No change.
    (b) Independent Directors
    (1) Majority Independent Board
    A majority of the board of directors must be comprised of
Independent Directors as defined in Rule 5605(a)(2). The Company, other
than a Foreign Private Issuer, must [disclose in its annual proxy (or,
if the Company does not file a proxy, in its Form 10-K or 20-F) those
directors that the board of directors has determined to be independent
under Rule 5605(a)(2).] comply with the disclosure requirements set
forth in Item 407(a) of Regulation S-K. A Foreign Private Issuer must
disclose in its next annual report (e.g., Form 20-F or 40-F) those
directors that the board of directors has determined to be independent
under Rule 5605(a)(2).
    (A) No change.
    IM-5605-1. No change.
    (2) No change.
    IM-5605-2. No change.
    (c)--(e) No change.
* * * * *

5615.  Exemptions from Certain Corporate Governance Requirements

    This rule provides the exemptions from the corporate governance
rules afforded to certain types of Companies, and sets forth the phase-
in schedules for initial public offerings, Companies emerging from
bankruptcy and Companies transferring from other markets. This rule
also describes the applicability of the corporate governance rules to
controlled companies and sets forth the phase-in schedule afforded to
Companies ceasing to be controlled companies.
    (a)--(b) No change.
    (c) How the Rules Apply to a Controlled Company
    (1) No change.
    (2) Exemptions Afforded to a Controlled Company
    A Controlled Company is exempt from the requirements of Rules
5605(b), (d) and (e), except for the requirements of subsection (b)(2)
which pertain to executive sessions of Independent Directors. A
Controlled Company, other than a Foreign Private Issuer, relying upon
this exemption must [disclose in its annual meeting proxy statement
(or, if the Company does not file a proxy, in its Form 10-K or 20-F)
that it is a Controlled Company and the basis for that determination.]
comply with the disclosure requirements set forth in Instruction 1 to
Item 407(a) of Regulation S-K. A Foreign Private Issuer must disclose
in its next annual report (e.g., Form 20-F or 40-F) that it is a
Controlled Company and the basis for that determination.
    (3) No change.
* * * * *

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

    In its filing with the Commission, Nasdaq 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. Nasdaq 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
    Nasdaq proposes to make changes to Rules 5605(b)(1) and 5615(c)(2)
to align certain disclosure requirements with the applicable disclosure
requirements of Item 407(a) of Regulation S-K \6\ and incorporate those
requirements into Nasdaq rules.
---------------------------------------------------------------------------

    \6\ 17 CFR 229.407(a).
---------------------------------------------------------------------------

    Nasdaq currently requires a listed company to disclose in its
annual proxy (or if the company does not file a proxy, in its Form 10-K
or 20-F) those directors that the board of directors has determined to
be independent.\7\ Nasdaq proposes to replace its current disclosure
requirement in Listing Rule 5605(b)(1) with a reference to the
disclosure requirement in Item 407(a) of Regulation S-K, which requires
similar disclosure.\8\ As a result, a listed company, other than a
foreign private issuer, that does not make the disclosure required
under Item 407(a) of Regulation S-K will be out of compliance with
Nasdaq's rules. A foreign private issuer, which is not subject to Item
407(a) of Regulation S-K, will continue to be required to make the
disclosure in its annual report.
---------------------------------------------------------------------------

    \7\ Nasdaq Listing Rule 5605(b)(1).
    \8\ See 17 CFR 229.407(a) (requiring a company to, among other
things, identify each director that is independent and explain the
factors considered by the board in making its independence
determination).
---------------------------------------------------------------------------

    Nasdaq believes that the disclosure requirements in current Nasdaq
Listing Rule 5605(b)(1) and Item 407(a) of Regulation S-K are
substantially similar and, to the extent they differ, Item 407(a)
requires more disclosure.\9\ As a result, incorporating these
additional disclosure requirements from Item 407(a) of Regulation S-K
into Nasdaq's rules will avoid duplication and confusion and enhance
overall disclosures by its listed companies.
---------------------------------------------------------------------------

    \9\ Id. Differences include where Item 407(a)(2) of Regulation
S-K requires specific disclosures when a registrant uses its own
definitions when determining whether directors and director nominees
are independent and where Item 407(a)(3) of Regulation S-K requires
specific disclosures of any transactions, relationships or
arrangements not disclosed pursuant to Item 404 of Regulation S-K
that were considered by the board in determining independence.
---------------------------------------------------------------------------

    Nasdaq also currently requires a company to disclose that it is a
controlled company, the basis for that determination, and that it is
relying on the exemption for a controlled company from the requirements
to have a majority independent board and independent director oversight
of executive officer compensation and director nominations.\10\ Nasdaq
proposes to replace this disclosure requirement with a reference to the
disclosure requirement in Instruction 1 to Item 407(a) of Regulation S-
K, which requires similar disclosure.\11\ As a

result, a controlled company, other than a foreign private issuer, that
does not make the disclosure required under Instruction 1 to Item
407(a) of Regulation S-K will be out of compliance with Nasdaq's rules.
A foreign private issuer, which is not subject to Item 407(a) of
Regulation S-K, will continue to be required to make the disclosure in
its annual report. Nasdaq believes that the disclosure requirements in
current Nasdaq Listing Rule 5615(c)(2) and Instruction 1 to Item 407(a)
of Regulation S-K are substantially similar.\12\
---------------------------------------------------------------------------

    \10\ Nasdaq Listing Rule 5615(c)(2).
    \11\ See 17 CFR 229.407(a) (in instruction 1, requiring a
company that is relying on an exemption to disclose the exemption
relied upon and explain the basis for concluding that such exemption
is applicable).
    \12\ Id.
---------------------------------------------------------------------------

    Nasdaq believes that the proposed changes will avoid duplication
and confusion, given that the current Nasdaq disclosure requirements
are duplicative of the disclosure required by Item 407(a), and will
facilitate compliance for listed companies while continuing to provide
transparency to investors. As a result of the changes, Nasdaq rules
will be harmonized with the applicable disclosure requirements of Item
407(a) of Regulation S-K without substantively lessening any of
Nasdaq's regulatory requirements for listed companies.
2. Statutory Basis
    Nasdaq believes that the proposed rule change is consistent with
the provisions of Section 6 of the Act,\13\ in general and with Section
6(b)(5) of the Act,\14\ in particular. The proposed rule change would
remove disclosure requirements in Nasdaq's rules that are similar to
Commission disclosure requirements and provide cross references to
Commission requirements. Nasdaq believes the proposed amendments are
consistent with the protection of investors and the public interest, as
they simply harmonize Nasdaq's disclosure requirements with those of
the Commission and, therefore, do not substantively lessen Nasdaq's
regulatory requirements for listed companies. As such, the proposed
rule change is designed to prevent fraudulent and manipulative acts and
practices, to 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.
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78f.
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    Nasdaq does not believe that the proposed rule change will result
in any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act, as amended.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule does not (i) Significantly
affect the protection of investors or the public interest; (ii) impose
any significant burden on competition; and (iii) become operative for
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, provided that the self-regulatory
organization has given the Commission written notice of its intent to
file the proposed rule change, along with a brief description and text
of the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change or such shorter time as
designated by the Commission,\15\ the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \16\ and Rule 19b-
4(f)(6) thereunder.\17\
---------------------------------------------------------------------------

    \15\ The Exchange has satisfied this requirement.
    \16\ 15 U.S.C. 78s(b)(3)(A).
    \17\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change, as amended, 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-NASDAQ-2011-082 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NASDAQ-2011-082. 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 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 Nasdaq. 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-NASDAQ-2011-082 and
should be submitted on or before July 18, 2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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    \18\ 17 CFR 200.30-3(a)(12).
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Cathy H. Ahn,
Deputy Secretary.
[FR Doc. 2011-15964 Filed 6-24-11; 8:45 am]
BILLING CODE 8011-01-P