(a) In the event of a federal government shutdown or other interruption in service that prevents the TTB from issuing COLAs, the commission shall evaluate applications using the federal standards required for the applicant to receive a COLA or the federal exemption from the COLA requirements, if applicable.
(b) If the applicant meets the applicable federal standards, the commission shall register the product on a provisional basis.
(c) An applicant whose product has been registered with the state on a provisional basis shall apply for a COLA or any applicable federal exemption from COLA requirements within 30 days of the resumption of services of the TTB.
(d) The provisional registration with the state shall expire automatically on the 31st day after the resumption of services of the TTB, unless the applicant has timely filed an application with the TTB. If the applicant timely filed an application with the TTB, the applicant's provisional registration shall continue in effect either:
  (1) if the TTB denies the applicant's COLA or exemption application, until the notice of that denial is issued by the TTB; or,
  (2) if the TTB issues the COLA or grants the exemption, until 30 days after the COLA or exemption is issued.
(e) If the TTB grants the COLA or exemption application, the applicant must re-apply with the commission for product registration within 30 calendar days of receipt of the federal COLA or exemption.
(f) If the TTB denies the COLA or exemption application, the applicant shall notify the commission within five calendar days of receipt of the denial. The commission may revoke the provisional product registration in the event of COLA or exemption denial by the TTB.

Source Note: The provisions of this §45.12 adopted to be effective December 31, 2020, 45 TexReg 7245