International Trademark Classification Changes

• Published date: 03 November 2020
• Citation: 85 FR 69501
• Record Number: 2020-22353
• Section: Rules and Regulations
• Court: Patent And Trademark Office

69501

Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Rules and Regulations

Need for Correction

As published on July 15, 2020 (85 FR

43042) the final regulations (TD 9901)

contain errors that need to be corrected.

Correction of Publication

Accordingly, the final regulations (TD

9901) that were the subject of FR Doc.

2020–14649, published at 85 FR 43042

(July 15, 2020), are corrected as follows:

1. On page 43044, third column, the

third through the fifth, and the ninth

line from the top of the last partial

paragraph, and page 43045, first

column, the first line from the top of the

first partial paragraph, the language

‘‘taken into account in determining the

taxable income limitation in section

250(a)(2),’’ is corrected to read ‘‘taken

into account for coordinating taxable

income limitations (including the

taxable income limitation in section

250(a)(2)),’’ and the language ‘‘if the

method is applied consistently for all

taxable’’ is corrected to read ’’ if the

same method is applied consistently for

all relevant Code sections and for all

taxable’’.

2. On page 43071, first column, the

third and eighth and ninth line from the

top of the last partial paragraph from the

bottom, the text ‘‘years beginning before

January 1, 2021,’’ is corrected to read

‘‘years beginning on or after January 1,

2018, and before January 1, 2021,’’ and

the text ‘‘provisions in § 1.250(b)–4(d)(3)

or § 1.250(b)–5(e)(4))’’ is corrected to

read ‘‘provisions in § 1.250(b)–4(d)(3) or

§ 1.250(b)–5(e)(4)), but once applied,

taxpayers must apply the final

regulations for all subsequent taxable

years beginning before January 1, 2021’’.

3. On page 43071, second column,

amend the first partial paragraph by

adding at the end of the paragraph the

text: ‘‘The final regulations also make

conforming amendments to § 1.861–8 in

relation to the finalization of the

regulations under section 250.

Consistent with the general applicability

date for §§ 1.250(a)–1 through 1.250(b)–

6, these amendments apply to taxable

years beginning on or after January 1,

2021. For taxable years beginning before

January 1, 2021, taxpayers may allocate

and apportion deductions for purposes

of determining deduction eligible

income and foreign-derived deduction

eligible income by allocating and

apportioning deductions in accordance

with the principles of §§ 1.861–8

through 1.861–17. No inference is

intended as to whether other

approaches for allocating and

apportioning deductions for purposes of

section 250(b) may be considered to

result in properly allocable deductions.’’

Crystal Pemberton,

Senior Federal Register Liaison, Publications

and Regulations Branch, Legal Processing

Division, Associate Chief Counsel, (Procedure

and Administration).

[FR Doc. 2020–22996 Filed 11–2–20; 8:45 am]

BILLING CODE 4830–01–P

DEPARTMENT OF COMMERCE

Patent and Trademark Office

37 CFR Part 6

[Docket No. PTO–T–2020–0037]

RIN 0651–AD49

International Trademark Classification

Changes

AGENCY

: United States Patent and

Trademark Office, Department of

Commerce.

ACTION

: Final rule.

SUMMARY

: The United States Patent and

Trademark Office (USPTO) issues this

final rule to incorporate classification

changes adopted by the Nice Agreement

Concerning the International

Classification of Goods and Services for

the Purposes of the Registration of

Marks (Nice Agreement). These changes

are listed in the International

Classification of Goods and Services for

the Purposes of the Registration of

Marks (Nice Classification), which is

published by the World Intellectual

Property Organization (WIPO), and will

become effective on January 1, 2021.

DATES

: This rule is effective on January

1, 2021.

FOR FURTHER INFORMATION CONTACT

:

Catherine Cain, Office of the Deputy

Commissioner for Trademark

Examination Policy, at 571–272–8946,

or by email at TMFRNotices@uspto.gov.

SUPPLEMENTARY INFORMATION

:

Purpose: As noted above, this final

rule incorporates classification changes

adopted by the Nice Agreement that will

become effective on January 1, 2021.

Specifically, this rule adds new services

to or deletes existing services from two

class headings to further define the

types of services appropriate to the

class.

Summary of Major Provisions: The

USPTO is revising § 6.1 of 37 CFR part

6 to incorporate classification changes

and modifications, as listed in the Nice

Classification (11th ed., ver. 2021),

published by WIPO, which will become

effective on January 1, 2021.

The Nice Agreement is a multilateral

treaty, administered by WIPO, that

establishes the international

classification of goods and services for

the purposes of registering trademarks

and service marks. As of September 1,

1973, this international classification

system is the controlling system used by

the United States, and it applies, for all

statutory purposes, to all applications

filed on or after September 1, 1973, and

their resulting registrations. See 37 CFR

2.85(a). Every signatory to the Nice

Agreement must utilize the

international classification system.

Each state party to the Nice

Agreement is represented in the

Committee of Experts of the Nice Union

(Committee of Experts), which meets

annually to vote on proposed changes to

the Nice Classification. Any state that is

a party to the Nice Agreement may

submit proposals for consideration by

the other members of the Committee of

Experts in accordance with agreed-upon

rules of procedure. Proposals are

currently submitted on an annual basis

to an electronic forum on the WIPO

website, commented upon, modified,

and compiled by WIPO for further

discussion and voting at the annual

Committee of Experts meeting.

In 2013, the Committee of Experts

began annual revisions to the Nice

Classification. The annual revisions,

which are published electronically and

enter into force on January 1 each year,

are referred to as versions and identified

by edition number and the year of the

effective date (e.g., ‘‘Nice Classification,

10th edition, version 2013’’ or ‘‘NCL 10–

2013’’). Each annual version includes all

changes adopted by the Committee of

Experts since the adoption of the

previous version. The changes consist

of: (1) The addition of new goods and

services to, and deletion of goods and

services from, the Alphabetical List, and

(2) any modifications to the wording in

the Alphabetical List, the class

headings, and the explanatory notes that

do not involve the transfer of goods or

services from one class to another. New

editions of the Nice Classification

continue to be published electronically

every five years and include all changes

adopted since the previous annual

version, as well as goods or services

transferred from one class to another or

new classes that have been created since

the previous edition.

Due to the worldwide impact of

COVID–19, the International Bureau (IB)

at WIPO announced on March 12, 2020,

that the 30th session of the Committee

of Experts, originally scheduled to be

held in Geneva, Switzerland, from April

27, 2020, to May 1, 2020, would not be

convened in person as planned. In order

to maintain the revision cycle of the

Nice Classification as much as possible,

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Federal Register / Vol. 85, No. 213 / Tuesday, November 3, 2020 / Rules and Regulations

the IB issued circular NCL 164 to

Member States of the Nice Union to

collect their opinion about the

possibility of voting through the Nice

Electronic Forum on proposals that had

been submitted for the 30th session (e-

voting). All proposals that received

unanimous support through e-voting

would be regarded as adopted for

inclusion into the next version of the

Nice Classification (NCL 11–2021),

which will enter into force on January

1, 2021. All non-adopted proposals

would be carried forward to the next

session for further discussion. The IB’s

suggestion was supported by 29 of the

32 Member States of the Nice Union

who submitted comments to the

proposal.

The annual revisions contained in

this final rule consist of modifications to

the class headings that were

incorporated into the Nice Agreement

through e-voting during the 30th

Session of the Committee of Experts,

from April 1, 2020, through May 1,

2020. Under the Nice Classification,

there are 34 classes of goods and 11

classes of services, each with a class

heading. Class headings generally

indicate the fields to which goods and

services belong. Specifically, this rule

adds new services to or deletes existing

services from two class headings, as set

forth in the discussion of regulatory

changes below. The changes to the class

headings further define the types of

services appropriate to the class. As a

signatory to the Nice Agreement, the

United States adopts these revisions

pursuant to Article 1.

Discussion of Regulatory Changes

The USPTO is revising § 6.1 as

follows:

In Class 35, a comma is added after

‘‘management’’ and the wording

‘‘organization and administration’’ is

added immediately thereafter. The

wording ‘‘business administration’’ and

the semicolon thereafter are deleted.

In Class 36, the wording ‘‘Financial,

monetary, and banking services;’’ is

added, and immediately thereafter,

‘‘Insurance’’ is amended to ‘‘insurance

services.’’ The wording ‘‘financial

affairs’’ and ‘‘monetary affairs’’ and the

semicolons thereafter are deleted.

Rulemaking Requirements

A. Administrative Procedure Act: The

changes in this rulemaking involve rules

of agency practice and procedure, and/

or interpretive rules. See Perez v. Mortg.

Bankers Ass’n, 575 U.S. 92, 97 (2015)

(Interpretive rules ‘‘advise the public of

the agency’s construction of the statutes

and rules which it administers.’’

(citation and internal quotation marks

omitted)); Nat’l Org. of Veterans’

Advocates v. Sec’y of Veterans Affairs,

260 F.3d 1365, 1375 (Fed. Cir. 2001)

(Rule that clarifies interpretation of a

statute is interpretive.); Bachow

Commc’ns Inc. v. FCC, 237 F.3d 683,

690 (D.C. Cir. 2001) (Rules governing an

application process are procedural

under the Administrative Procedure

Act.); Inova Alexandria Hosp. v.

Shalala, 244 F.3d 342, 350 (4th Cir.

2001) (Rules for handling appeals were

procedural where they did not change

the substantive standard for reviewing

claims.).

Accordingly, prior notice and

opportunity for public comment for the

changes in this rulemaking are not

required pursuant to 5 U.S.C. 553(b) or

(c), or any other law. See Perez, 575 U.S.

at 101 (Notice and comment procedures

are required neither when an agency

‘‘issue[s] an initial interpretive rule’’ nor

‘‘when it amends or repeals that

interpretive rule.’’); Cooper Techs. Co. v.

Dudas, 536 F.3d 1330, 1336–37 (Fed.

Cir. 2008) (stating that 5 U.S.C. 553, and

thus 35 U.S.C. 2(b)(2)(B), does not

require notice and comment rulemaking

for ‘‘interpretative rules, general

statements of policy, or rules of agency

organization, procedure, or practice’’

(quoting 5 U.S.C. 553(b)(A))).

B. Regulatory Flexibility Act: As prior

notice and an opportunity for public

comment are not required pursuant to 5

U.S.C. 553 or any other law, neither a

Regulatory Flexibility Act analysis nor a

certification under the Regulatory

Flexibility Act (5 U.S.C. 601 et seq.) is

required. See 5 U.S.C. 603.

C. Executive Order 12866 (Regulatory

Planning and Review): This rulemaking

has been determined to be not

significant for purposes of Executive

Order 12866 (Sept. 30, 1993).

D. Executive Order 13563 (Improving

Regulation and Regulatory Review): The

USPTO has complied with Executive

Order 13563 (Jan. 18, 2011).

Specifically, the USPTO has, to the

extent feasible and applicable: (1) Made

a reasoned determination that the

benefits justify the costs of the rule; (2)

tailored the rule to impose the least

burden on society consistent with

obtaining the regulatory objectives; (3)

selected a regulatory approach that

maximizes net benefits; (4) specified

performance objectives; (5) identified

and assessed available alternatives; (6)

involved the public in an open

exchange of information and

perspectives among experts in relevant

disciplines, affected stakeholders in the

private sector, and the public as a

whole, and provided online access to

the rulemaking docket; (7) attempted to

promote coordination, simplification,

and harmonization across government

agencies and identified goals designed

to promote innovation; (8) considered

approaches that reduce burdens and

maintain flexibility and freedom of

choice for the public; and (9) ensured

the objectivity of scientific and

technological information and

processes.

E. Executive Order 13771 (Reducing

Regulation and Controlling Regulatory

Costs): This rule is not an Executive

Order 13771 (Jan. 30, 2017) regulatory

action because this rule is not

significant under Executive Order 12866

(Sept. 30, 1993).

F. Executive Order 13132

(Federalism): This rulemaking does not

contain policies with federalism

implications sufficient to warrant

preparation of a Federalism Assessment

under Executive Order 13132 (Aug. 4,

1999).

G. Executive Order 13175 (Tribal

Consultation): This rulemaking will not:

(1) Have substantial direct effects on one

or more Indian tribes; (2) impose

substantial direct compliance costs on

Indian tribal governments; or (3)

preempt tribal law. Therefore, a tribal

summary impact statement is not

required under Executive Order 13175

(Nov. 6, 2000).

H. Executive Order 13211 (Energy

Effects): This rulemaking is not a

significant energy action under

Executive Order 13211 because this

rulemaking is not likely to have a

significant adverse effect on the supply,

distribution, or use of energy. Therefore,

a Statement of Energy Effects is not

required under Executive Order 13211

(May 18, 2001).

I. Executive Order 12988 (Civil Justice

Reform): This rulemaking meets

applicable standards to minimize

litigation, eliminate ambiguity, and

reduce burden as set forth in sections

3(a) and 3(b)(2) of Executive Order

12988 (Feb. 5, 1996).

J. Executive Order 13045 (Protection

of Children): This rulemaking does not

concern an environmental risk to health

or safety that may disproportionately

affect children under Executive Order

13045 (Apr. 21, 1997).

K. Executive Order 12630 (Taking of

Private Property): This rulemaking will

not affect a taking of private property or

otherwise have taking implications

under Executive Order 12630 (Mar. 15,

1988).

L. Congressional Review Act: Under

the Congressional Review Act

provisions of the Small Business

Regulatory Enforcement Fairness Act of

1996 (5 U.S.C. 801 et seq.), prior to

issuing any final rule, the USPTO will

submit a report containing the final rule

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and other required information to the

United States Senate, the United States

House of Representatives, and the

Comptroller General of the Government

Accountability Office. The changes in

this rulemaking are not expected to

result in an annual effect on the

economy of 100 million dollars or more,

a major increase in costs or prices, or

significant adverse effects on

competition, employment, investment,

productivity, innovation, or the ability

of United States-based enterprises to

compete with foreign-based enterprises

in domestic and export markets.

Therefore, this rulemaking is not

expected to result in a ‘‘major rule’’ as

defined in 5 U.S.C. 804(2).

M. Unfunded Mandates Reform Act of

1995: The changes set forth in this

rulemaking do not involve a Federal

intergovernmental mandate that will

result in the expenditure by State, local,

and tribal governments, in the aggregate,

of 100 million dollars (as adjusted) or

more in any one year, or a Federal

private sector mandate that will result

in the expenditure by the private sector

of 100 million dollars (as adjusted) or

more in any one year, and will not

significantly or uniquely affect small

governments. Therefore, no actions are

necessary under the provisions of the

Unfunded Mandates Reform Act of

1995. See 2 U.S.C. 1501 et seq.

N. National Environmental Policy Act

of 1969: This rulemaking will not have

any effect on the quality of the

environment and is thus categorically

excluded from review under the

National Environmental Policy Act of

1969. See 42 U.S.C. 4321 et seq.

O. National Technology Transfer and

Advancement Act of 1995: The

requirements of section 12(d) of the

National Technology Transfer and

Advancement Act of 1995 (15 U.S.C.

272 note) are not applicable because this

rulemaking does not contain provisions

that involve the use of technical

standards.

P. Paperwork Reduction Act of 1995:

This final rule does not involve

information collection requirements that

are subject to review by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

Notwithstanding any other provision

of law, no person is required to respond

to, nor shall any person be subject to a

penalty for failure to comply with, a

collection of information subject to the

requirements of the Paperwork

Reduction Act unless that collection of

information has a currently valid OMB

control number.

List of Subjects in 37 CFR Part 6

Trademarks.

For the reasons given in the preamble

and under the authority contained in 15

U.S.C. 1112, 1123 and 35 U.S.C. 2, as

amended, the USPTO is amending part

6 of title 37 as follows:

PART 6—CLASSIFICATION OF GOODS

AND SERVICES UNDER THE

TRADEMARK ACT

■1. The authority citation for part 6

continues to read as follows:

Authority: Secs. 30, 41, 60 Stat. 436, 440;

15 U.S.C. 1112, 1123; 35 U.S.C. 2, unless

otherwise noted.

■2. Revise § 6.1 to read as follows:

§ 6.1 International schedule of classes of

goods and services.

Goods

1. Chemicals for use in industry,

science and photography, as well as in

agriculture, horticulture and forestry;

unprocessed artificial resins,

unprocessed plastics; fire extinguishing

and fire prevention compositions;

tempering and soldering preparations;

substances for tanning animal skins and

hides; adhesives for use in industry;

putties and other paste fillers; compost,

manures, fertilizers; biological

preparations for use in industry and

science.

2. Paints, varnishes, lacquers;

preservatives against rust and against

deterioration of wood; colorants, dyes;

inks for printing, marking and

engraving; raw natural resins; metals in

foil and powder form for use in

painting, decorating, printing and art.

3. Non-medicated cosmetics and

toiletry preparations; non-medicated

dentifrices; perfumery, essential oils;

bleaching preparations and other

substances for laundry use; cleaning,

polishing, scouring and abrasive

preparations.

4. Industrial oils and greases, wax;

lubricants; dust absorbing, wetting and

binding compositions; fuels and

illuminants; candles and wicks for

lighting.

5. Pharmaceuticals, medical and

veterinary preparations; sanitary

preparations for medical purposes;

dietetic food and substances adapted for

medical or veterinary use, food for

babies; dietary supplements for human

beings and animals; plasters, materials

for dressings; material for stopping

teeth, dental wax; disinfectants;

preparations for destroying vermin;

fungicides, herbicides.

6. Common metals and their alloys,

ores; metal materials for building and

construction; transportable buildings of

metal; non-electric cables and wires of

common metal; small items of metal

hardware; metal containers for storage

or transport; safes.

7. Machines, machine tools, power-

operated tools; motors and engines,

except for land vehicles; machine

coupling and transmission components,

except for land vehicles; agricultural

implements, other than hand-operated

hand tools; incubators for eggs;

automatic vending machines.

8. Hand tools and implements, hand-

operated; cutlery; side arms, except

firearms; razors.

9. Scientific, research, navigation,

surveying, photographic,

cinematographic, audiovisual, optical,

weighing, measuring, signalling,

detecting, testing, inspecting, life-saving

and teaching apparatus and

instruments; apparatus and instruments

for conducting, switching, transforming,

accumulating, regulating or controlling

the distribution or use of electricity;

apparatus and instruments for

recording, transmitting, reproducing or

processing sound, images or data;

recorded and downloadable media,

computer software, blank digital or

analogue recording and storage media;

mechanisms for coin-operated

apparatus; cash registers, calculating

devices; computers and computer

peripheral devices; diving suits, divers’

masks, ear plugs for divers, nose clips

for divers and swimmers, gloves for

divers, breathing apparatus for

underwater swimming; fire-

extinguishing apparatus.

10. Surgical, medical, dental and

veterinary apparatus and instruments;

artificial limbs, eyes and teeth;

orthopaedic articles; suture materials;

therapeutic and assistive devices

adapted for persons with disabilities;

massage apparatus; apparatus, devices

and articles for nursing infants; sexual

activity apparatus, devices and articles.

11. Apparatus and installations for

lighting, heating, cooling, steam

generating, cooking, drying, ventilating,

water supply and sanitary purposes.

12. Vehicles; apparatus for

locomotion by land, air or water.

13. Firearms; ammunition and

projectiles; explosives; fireworks.

14. Precious metals and their alloys;

jewellery, precious and semi-precious

stones; horological and chronometric

instruments.

15. Musical instruments; music stands

and stands for musical instruments;

conductors’ batons.

16. Paper and cardboard; printed

matter; bookbinding material;

photographs; stationery and office

requisites, except furniture; adhesives

for stationery or household purposes;

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drawing materials and materials for

artists; paintbrushes; instructional and

teaching materials; plastic sheets, films

and bags for wrapping and packaging;

printers’ type, printing blocks.

17. Unprocessed and semi-processed

rubber, gutta-percha, gum, asbestos,

mica and substitutes for all these

materials; plastics and resins in

extruded form for use in manufacture;

packing, stopping and insulating

materials; flexible pipes, tubes and

hoses, not of metal.

18. Leather and imitations of leather;

animal skins and hides; luggage and

carrying bags; umbrellas and parasols;

walking sticks; whips, harness and

saddlery; collars, leashes and clothing

for animals.

19. Materials, not of metal, for

building and construction; rigid pipes,

not of metal, for building; asphalt, pitch,

tar and bitumen; transportable

buildings, not of metal; monuments, not

of metal.

20. Furniture, mirrors, picture frames;

containers, not of metal, for storage or

transport; unworked or semi-worked

bone, horn, whalebone or mother-of-

pearl; shells; meerschaum; yellow

amber.

21. Household or kitchen utensils and

containers; cookware and tableware,

except forks, knives and spoons; combs

and sponges; brushes, except

paintbrushes; brush-making materials;

articles for cleaning purposes;

unworked or semi-worked glass, except

building glass; glassware, porcelain and

earthenware.

22. Ropes and string; nets; tents and

tarpaulins; awnings of textile or

synthetic materials; sails; sacks for the

transport and storage of materials in

bulk; padding, cushioning and stuffing

materials, except of paper, cardboard,

rubber or plastics; raw fibrous textile

materials and substitutes therefor.

23. Yarns and threads for textile use.

24. Textiles and substitutes for

textiles; household linen; curtains of

textile or plastic.

25. Clothing, footwear, headwear.

26. Lace, braid and embroidery, and

haberdashery ribbons and bows;

buttons, hooks and eyes, pins and

needles; artificial flowers; hair

decorations; false hair.

27. Carpets, rugs, mats and matting,

linoleum and other materials for

covering existing floors; wall hangings,

not of textile.

28. Games, toys and playthings; video

game apparatus; gymnastic and sporting

articles; decorations for Christmas trees.

29. Meat, fish, poultry and game; meat

extracts; preserved, frozen, dried and

cooked fruits and vegetables; jellies,

jams, compotes; eggs; milk, cheese,

butter, yogurt and other milk products;

oils and fats for food.

30. Coffee, tea, cocoa and artificial

coffee; rice, pasta and noodles; tapioca

and sago; flour and preparations made

from cereals; bread, pastries and

confectionery; chocolate; ice cream,

sorbets and other edible ices; sugar,

honey, treacle; yeast, baking-powder;

salt, seasonings, spices, preserved herbs;

vinegar, sauces and other condiments;

ice (frozen water).

31. Raw and unprocessed agricultural,

aquacultural, horticultural and forestry

products; raw and unprocessed grains

and seeds; fresh fruits and vegetables,

fresh herbs; natural plants and flowers;

bulbs, seedlings and seeds for planting;

live animals; foodstuffs and beverages

for animals; malt.

32. Beers; non-alcoholic beverages;

mineral and aerated waters; fruit

beverages and fruit juices; syrups and

other non-alcoholic preparations for

making beverages.

33. Alcoholic beverages, except beers;

alcoholic preparations for making

beverages.

34. Tobacco and tobacco substitutes;

cigarettes and cigars; electronic

cigarettes and oral vaporizers for

smokers; smokers’ articles; matches.

Services

35. Advertising; business

management, organization and

administration; office functions.

36. Financial, monetary and banking

services; insurance services; real estate

affairs.

37. Construction services; installation

and repair services; mining extraction,

oil and gas drilling.

38. Telecommunications services.

39. Transport; packaging and storage

of goods; travel arrangement.

40. Treatment of materials; recycling

of waste and trash; air purification and

treatment of water; printing services;

food and drink preservation.

41. Education; providing of training;

entertainment; sporting and cultural

activities.

42. Scientific and technological

services and research and design

relating thereto; industrial analysis,

industrial research and industrial design

services; quality control and

authentication services; design and

development of computer hardware and

software.

43. Services for providing food and

drink; temporary accommodation.

44. Medical services; veterinary

services; hygienic and beauty care for

human beings or animals; agriculture,

aquaculture, horticulture and forestry

services.

45. Legal services; security services

for the physical protection of tangible

property and individuals; personal and

social services rendered by others to

meet the needs of individuals.

Dated: October 1, 2020.

Andrei Iancu,

Under Secretary of Commerce for Intellectual

Property and Director of the United States

Patent and Trademark Office.

[FR Doc. 2020–22353 Filed 11–2–20; 8:45 am]

BILLING CODE 3510–16–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR PART 52

[EPA–HQ–OAR–2020–0377; FRL–10015–79–

OAR]

Findings of Failure To Submit State

Implementation Plans Required for

Attainment of the 2010 1-Hour Primary

Sulfur Dioxide (SO

2

) National Ambient

Air Quality Standard (NAAQS)

AGENCY

: Environmental Protection

Agency (EPA).

ACTION

: Final rule.

SUMMARY

: The Environmental Protection

Agency (EPA) is taking a final action to

find that four states and territories

(Indiana, Louisiana, Guam, and Puerto

Rico) failed to submit State

Implementation Plans (SIPs) to satisfy

certain nonattainment area planning

requirements of the Clean Air Act (CAA)

for the 2010 1-Hour Primary Sulfur

Dioxide (SO

2

) National Ambient Air

Quality Standard (NAAQS). The

purpose of the development and

implementation of nonattainment area

SIPs is to provide for attainment of the

NAAQS as expeditiously as practicable

following the designation of an area as

nonattainment. This action triggers

certain CAA deadlines for the EPA to

impose sanctions if a state or territory

does not submit a complete SIP

addressing the outstanding

requirements and for the EPA to

promulgate a Federal Implementation

Plan (FIP) if the EPA does not approve

a state’s or territory’s SIP.

DATES

: The effective date of this action

is December 3, 2020.

FOR FURTHER INFORMATION CONTACT

:

General questions concerning this

notice should be addressed to Ms.

Sydney Lawrence, Office of Air Quality

Planning and Standards, Air Quality

Policy Division, Mail Code: C539–01,

109 T.W. Alexander Drive, Research

Triangle Park, NC 27709; by telephone

(919) 541–4768; or by email at

lawrence.sydney@epa.gov.

SUPPLEMENTARY INFORMATION

:

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