Protection of Stratospheric Ozone: Revision of Refrigerant Recovery and Recycling Equipment Standards, 63535-63537 [E7-21941]
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Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Proposed Rules
subscribers of a television service
through a Provider which is marketed as
and is in fact primarily a video service
where
(1) Subscribers do not pay a separate
fee for audio channels,
(2) The audio channels are delivered
by digital audio transmissions through a
technology that is incapable of tracking
the individual sound recordings
received by any particular consumer.
(3) However, paragraph (h)(2) of this
section shall not apply to the Licensee’s
current contracts with Providers that are
in effect as of the effective date of this
part if such Providers become capable in
the future of tracking the individual
sound recordings received by any
particular consumer, provided that the
audio channels continued to be
delivered to Subscribers by digital audio
transmissions and the Licensee remains
incapable of tracking the individual
sound recordings received by any
particular consumer.
(i) Subscriber means every residential
subscriber to the underlying service of
the Provider who receives Licensee’s
Service in the United States for all or
any part of a month; provided, however,
that for any Licensee that is not able to
track the number of subscribers on a
per-day basis, ‘‘Subscribers’’ shall be
calculated based on the average of the
number of subscribers on the last day of
the preceding month and the last day of
the applicable month, unless the Service
is paid by the Provider based on end-ofmonth numbers, in which event
‘‘Subscribers’’ shall be counted based on
end-of-month data.
(j) Stand-Alone Contracts means
contracts between the Licensee and a
Provider in which the only content
licensed to the Provider is the Service.
sroberts on PROD1PC70 with PROPOSALS
§ 383.3 Royalty fees for public
performances of sound recordings and the
making of ephemeral recordings.
(a) Royalty rates. Royalty rates for the
public performance of sound recordings
by eligible digital transmissions made
over a Service pursuant to 17 U.S.C.
114, and for ephemeral recordings of
sound recordings made pursuant to 17
U.S.C. 112 to facilitate such
transmissions, are as follows. Each
Licensee will pay, with respect to
content covered by the License that is
provided via the Service of each such
Licensee:
(1) For Stand-Alone Contracts, the
greater of:
(i) 15% of Revenue, or
(ii) The following monthly minimum
payment per Subscriber to the Service of
such Licensee—
(A) From inception through 2006:
$0.0075
VerDate Aug<31>2005
17:12 Nov 08, 2007
Jkt 214001
(B) 2007: $0.0075
(C) 2008: $0.0075
(D) 2009: $0.0125
(E) 2010: $0.0150 and
(2) For Bundled Contracts, the greater
of:
(i) 15% of Revenue allocated to reflect
the objective value of the Licensee’s
Service, or
(ii) The following monthly minimum
payment per Subscriber to the Service of
such Licensee:
(A) From inception through 2006:
$0.0220
(B) 2007: $0.0220
(C) 2008: $0.0220
(D) 2009: $0.0220
(E) 2010: $0.0250
(b) Minimum fee. Each Licensee will
pay an annual, non-refundable
minimum fee of one hundred thousand
dollars ($100,000), payable on January
31 of each calendar year in which the
Service is provided pursuant to the
section 112 and 114 statutory licenses,
but payable pursuant to the applicable
regulations for all years 2007 and
earlier. Such fee shall be recoupable and
credited against royalties due in the
calendar year in which it is paid.
§ 383.4 Terms for making payment of
royalty fees.
(a) Subject to the provisions of this
section, terms governing timing and due
dates of royalty payments, late fees,
statements of account, audit and
verification of royalty payments and
distributions, cost of audit and
verification, record retention
requirements, treatment of Licensees’
confidential information, distribution of
royalties, unclaimed funds, designation
and definition of the collection and
distribution organization, and any
definitions for applicable terms not
defined herein and not otherwise
inapplicable shall be those adopted by
the Copyright Royalty Judges for
subscription transmissions and the
reproduction of ephemeral recordings
by preexisting satellite digital audio
radio services in Docket No. 2006–1
CRB DSTRA (‘‘the SDARS Proceeding’’).
(b) Without prejudice to any
applicable notice and recordkeeping
provisions, statements of account shall
not require reports of performances.
(c) If the Copyright Royalty Judges
adopt reports of use regulations in the
SDARS Proceeding, those regulations, if
any, shall govern Licensees’ obligations
to report sound recordings used
pursuant to this part, except that
Licensees also shall report to
SoundExchange which channels are
transmitted by their respective
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Fmt 4702
Sfmt 4702
63535
Providers for all past, current and future
periods. In the event that the Copyright
Royalty Judges do not adopt reports of
use regulations in the SDARS
Proceeding, then reports of use provided
by XM Satellite Radio Inc. (‘‘XM’’) and
Sirius Satellite Radio Inc. (‘‘Sirius’’) for
their use of sound recordings on their
preexisting satellite digital audio radio
services (as defined in 17 U.S.C.
114(j)(10)) shall be deemed to satisfy
XM’s and Sirius’ obligations to report
sound recordings used pursuant to this
part, and MTV Networks shall provide
census reporting, retroactive to the
inception of its Service.
Dated: November 6, 2007.
James Scott Sledge,
Chief Copyright Royalty Judge.
[FR Doc. E7–22044 Filed 11–8–07; 8:45 am]
BILLING CODE 1410–72–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 82
[EPA–HQ–OAR–2006–5065; FRL–8493–4]
RIN 2060–AO32
Protection of Stratospheric Ozone:
Revision of Refrigerant Recovery and
Recycling Equipment Standards
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
SUMMARY: The Environmental Protection
Agency (EPA) is proposing to update
motor vehicle refrigerant recovery and
recycling equipment standards. Under
Clean Air Act Section 609, motor
vehicle air-conditioning (MVAC)
refrigerant handling equipment must be
certified by the Administrator or an
independent organization approved by
the Administrator and, at a minimum,
must be as stringent as the standards of
the Society of Automotive Engineers
(SAE) in effect as of the date of the
enactment of the Clean Air Act
Amendments of 1990. In 1997, EPA
promulgated regulations that required
the use of SAE Standard J2210, HFC–
134a Recycling Equipment for Mobile
Air Conditioning Systems for
certification of MVAC refrigerant
handling equipment. SAE has replaced
Standard J2210 with J2788, Recovery/
Recycle and Recovery/Recycle/
Recharging Equipment for HFC–134a
Refrigerant. To avoid confusion, EPA is
updating its reference to include the
new SAE standards. This action reflects
a change in industry standard practice.
This action proposes to revise the EPA
E:\FR\FM\09NOP1.SGM
09NOP1
63536
Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Proposed Rules
sroberts on PROD1PC70 with PROPOSALS
addresses to send equipment
certification forms.
DATES: Written comments or a request
for a public hearing must be received by
December 10, 2007.
ADDRESSES: Submit your comments,
identified by Docket ID No EPA–HQ–
OAR–2006–5065, by mail to
Environmental Protection Agency,
Mailcode 6102T, EPA Docket Center
(EPA/DC), 1200 Pennsylvania Avenue,
NW., Washington, DC 20460. Comments
may also be submitted electronically or
through hand delivery/courier by
following the detailed instructions in
the ADDRESSES section of the direct final
rule located in the rules section of this
Federal Register.
FOR FURTHER INFORMATION CONTACT:
Karen Thundiyil, Stratospheric
Protection Division, Office of
Atmospheric Programs (MC 6205J),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460; telephone number: (202)
343–9464; fax number (202) 343–2363;
e-mail address:
thundiyil.karen@epa.gov.
SUPPLEMENTARY INFORMATION: In the
‘‘Rules and Regulations’’ Section of this
Federal Register, we are updating the
existing motor vehicle refrigerant
recovery and recycling equipment
standards, as a direct final rule without
a prior proposed rule. If we receive no
adverse comment or a request for a
public hearing, we will not take further
action on this proposed rule.
I. Why is EPA Issuing This Proposed
Rule?
This document proposes to take
action on motor vehicle air-conditioning
refrigerant recovery and recycling
equipment standards. We have
published a direct final rule updating
EPA’s motor vehicle refrigerant recovery
and recycling equipment standards in
the ‘‘Rules and Regulations’’ section of
this Federal Register because we view
this as a noncontroversial action and
anticipate no adverse comment. We
have explained our reasons for this
action in the preamble to the direct final
rule.
If we receive no adverse comment or
a request for a public hearing, we will
not take further action on this proposed
rule. If we receive adverse comment or
request, we will withdraw the direct
final rule and it will not take effect. We
would address all public comments in
any subsequent final rule based on this
proposed rule.
We do not intend to institute a second
comment period on this action. Any
parties interested in commenting must
do so at this time. For further
VerDate Aug<31>2005
17:12 Nov 08, 2007
Jkt 214001
information, please see the information
provided in the ADDRESSES section of
this document.
II. Statutory and Executive Order
Reviews
A. Executive Order 12866: Regulatory
Planning and Review
This action is not a ‘‘significant
regulatory action’’ under the terms of
Executive Order (EO) 12866 (58 FR
51735, October 4, 1993) and is therefore
not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose any new
information collection burden. The
recordkeeping and reporting
requirements included in this action are
already included in an existing
information collection burden. This
action does not make any changes that
would affect burden. However, the
Office of Management and Budget
(OMB) has previously approved the
information collection requirements
contained in the existing regulations, 40
CFR part 82, under the provisions of the
Paperwork Reduction Act, 44 U.S.C.
3501 et seq. and has assigned OMB
control number 2060–0247, EPA ICR
number 1617.05. A copy of the OMB
approved Information Collection
Request (ICR) may be obtained from
Susan Auby, Collection Strategies
Division; U.S. Environmental Protection
Agency (2822T); 1200 Pennsylvania
Ave., NW., Washington, DC 20460 or by
calling (202) 566–1672. A copy may also
downloaded from https://
www.regulations.gov.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
PO 00000
Frm 00034
Fmt 4702
Sfmt 4702
C. Regulatory Flexibility Act
The RFA generally requires an agency
to prepare a regulatory flexibility
analysis of any rule subject to notice
and comment rulemaking requirements
under the Administrative Procedure Act
or any other statute unless the agency
certifies that the rule will not have a
significant economic impact on a
substantial number of small entities
Small entities include small businesses,
small organizations, and small
governmental jurisdictions. For
purposes of assessing the impacts of
today’s rule on small entities, small
entity is defined as: (1) A small business
as defined by the Small Business
Administration’s (SBA) regulations at 13
CFR 121.201; (2) a small governmental
jurisdiction that is a government of a
city, county, town, school district or
special district with a population of less
than 50,000; and (3) a small
organization that is any not-for-profit
enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of today’s rule on small entities,
we certify that this action will not have
a significant economic impact on a
substantial number of small entities.
The requirements of today’s rule do not
mandate a switch to the new SAE
equipment standards. Rather, as MVAC
service shop owners replace end-of-life
refrigerant handling equipment, owners
will purchase equipment certified to the
new SAE standard.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures to State, local,
and tribal governments, in the aggregate,
or to the private sector, of $100 million
or more in any one year. Before
promulgating an EPA rule for which a
written statement is needed, section 205
of the UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective or least burdensome alternative
that achieves the objectives of the rule.
The provisions of section 205 do not
apply when they are inconsistent with
applicable law. Moreover, section 205
allows EPA to adopt an alternative other
E:\FR\FM\09NOP1.SGM
09NOP1
Federal Register / Vol. 72, No. 217 / Friday, November 9, 2007 / Proposed Rules
than the least costly, most cost-effective
or least burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
EPA has determined that this rule
does not contain a Federal mandate that
may result in expenditures of $100
million or more for State, local, and
tribal governments, in the aggregate, or
the private sector in any one year.
Today’s rule does not affect State, local,
or tribal governments. The impact of
this rule on the private sector will be
less than $100 million per year. Thus,
today’s rule is not subject to the
requirements of sections 202 and 205 of
the UMRA. EPA has determined that
this rule contains no regulatory
requirements that might significantly or
uniquely affect small governments. This
regulation does not apply to
governmental entities.
sroberts on PROD1PC70 with PROPOSALS
E. Executive Order 13132: Federalism
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
This action does not have federalism
implications. It will not have substantial
direct effects on the States, on the
relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. This regulation
applies directly to facilities that use
these substances and not to
VerDate Aug<31>2005
17:12 Nov 08, 2007
Jkt 214001
63537
governmental entities. Thus, Executive
Order 13132 does not apply to this rule.
I. National Technology Transfer and
Advancement Act
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
As noted in the proposed rule,
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law
104–113, Section 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary
consensus standards in regulatory
activities unless to do so would be
inconsistent with applicable law or
otherwise impractical. Voluntary
consensus standards are technical
standards (e.g., materials specifications,
test methods, sampling procedures, and
business practices) that are developed or
adopted by voluntary consensus
standards bodies. The NTTAA directs
EPA to provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards. This
rulemaking explicitly references
technical standards; EPA uses the SAE
revision versions of J2210. These
standards can be obtained from https://
www.sae.org/technical/standards/.
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ This final rule does not
have tribal implications, as specified in
Executive Order 13175. It does not
significantly or uniquely affect the
communities of Indian tribal
governments, because this regulation
applies directly to facilities that use
these substances and not to
governmental entities. Thus, Executive
Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
Executive Order 13045: ‘‘Protection of
Children From Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
EPA interprets Executive Order 13045
as applying only to those regulatory
actions that are based on health or safety
risks, such that the analysis required
under section 5–501 of the Order has
the potential to influence the regulation.
This rule is not subject to Executive
Order 13045 because it is based on
technology performance and not on
health or safety risks.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This rule is not subject to Executive
Order 13211, ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355 (May 22, 2001)) because it is
not a significant regulatory action under
Executive Order 12866.
PO 00000
Frm 00035
Fmt 4702
Sfmt 4702
List of Subjects in 40 CFR Part 82
Environmental protection, Motor
vehicle air-conditioning, Recover/
recycle equipment, Recover/recycle/
recharge equipment, Reporting and
certification requirements, Stratospheric
ozone layer.
Dated: November 2, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7–21941 Filed 11–8–07; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 223
[Docket No. 071030628–7631–01]
RIN 0648–AV84
Endangered and Threatened Wildlife;
Sea Turtle Conservation
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
SUMMARY: In 2006, the National Marine
Fisheries Service (NMFS) issued
regulations requiring the use of chain
mat modified dredges in the Atlantic sea
scallop fishery south of 41° 9.0′ North
latitude from May 1 through November
E:\FR\FM\09NOP1.SGM
09NOP1
]]>Agencies
[Federal Register Volume 72, Number 217 (Friday, November 9, 2007)]
[Proposed Rules]
[Pages 63535-63537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21941]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2006-5065; FRL-8493-4]
RIN 2060-AO32
Protection of Stratospheric Ozone: Revision of Refrigerant
Recovery and Recycling Equipment Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update motor vehicle refrigerant recovery and recycling equipment
standards. Under Clean Air Act Section 609, motor vehicle air-
conditioning (MVAC) refrigerant handling equipment must be certified by
the Administrator or an independent organization approved by the
Administrator and, at a minimum, must be as stringent as the standards
of the Society of Automotive Engineers (SAE) in effect as of the date
of the enactment of the Clean Air Act Amendments of 1990. In 1997, EPA
promulgated regulations that required the use of SAE Standard J2210,
HFC-134a Recycling Equipment for Mobile Air Conditioning Systems for
certification of MVAC refrigerant handling equipment. SAE has replaced
Standard J2210 with J2788, Recovery/Recycle and Recovery/Recycle/
Recharging Equipment for HFC-134a Refrigerant. To avoid confusion, EPA
is updating its reference to include the new SAE standards. This action
reflects a change in industry standard practice. This action proposes
to revise the EPA
[[Page 63536]]
addresses to send equipment certification forms.
DATES: Written comments or a request for a public hearing must be
received by December 10, 2007.
ADDRESSES: Submit your comments, identified by Docket ID No EPA-HQ-OAR-
2006-5065, by mail to Environmental Protection Agency, Mailcode 6102T,
EPA Docket Center (EPA/DC), 1200 Pennsylvania Avenue, NW., Washington,
DC 20460. Comments may also be submitted electronically or through hand
delivery/courier by following the detailed instructions in the
ADDRESSES section of the direct final rule located in the rules section
of this Federal Register.
FOR FURTHER INFORMATION CONTACT: Karen Thundiyil, Stratospheric
Protection Division, Office of Atmospheric Programs (MC 6205J),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 343-9464; fax number
(202) 343-2363; e-mail address: thundiyil.karen@epa.gov.
SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' Section of
this Federal Register, we are updating the existing motor vehicle
refrigerant recovery and recycling equipment standards, as a direct
final rule without a prior proposed rule. If we receive no adverse
comment or a request for a public hearing, we will not take further
action on this proposed rule.
I. Why is EPA Issuing This Proposed Rule?
This document proposes to take action on motor vehicle air-
conditioning refrigerant recovery and recycling equipment standards. We
have published a direct final rule updating EPA's motor vehicle
refrigerant recovery and recycling equipment standards in the ``Rules
and Regulations'' section of this Federal Register because we view this
as a noncontroversial action and anticipate no adverse comment. We have
explained our reasons for this action in the preamble to the direct
final rule.
If we receive no adverse comment or a request for a public hearing,
we will not take further action on this proposed rule. If we receive
adverse comment or request, we will withdraw the direct final rule and
it will not take effect. We would address all public comments in any
subsequent final rule based on this proposed rule.
We do not intend to institute a second comment period on this
action. Any parties interested in commenting must do so at this time.
For further information, please see the information provided in the
ADDRESSES section of this document.
II. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.
B. Paperwork Reduction Act
This action does not impose any new information collection burden.
The recordkeeping and reporting requirements included in this action
are already included in an existing information collection burden. This
action does not make any changes that would affect burden. However, the
Office of Management and Budget (OMB) has previously approved the
information collection requirements contained in the existing
regulations, 40 CFR part 82, under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number 2060-0247, EPA ICR number 1617.05. A copy of the OMB approved
Information Collection Request (ICR) may be obtained from Susan Auby,
Collection Strategies Division; U.S. Environmental Protection Agency
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by
calling (202) 566-1672. A copy may also downloaded from https://
www.regulations.gov.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A small
business as defined by the Small Business Administration's (SBA)
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
After considering the economic impacts of today's rule on small
entities, we certify that this action will not have a significant
economic impact on a substantial number of small entities. The
requirements of today's rule do not mandate a switch to the new SAE
equipment standards. Rather, as MVAC service shop owners replace end-
of-life refrigerant handling equipment, owners will purchase equipment
certified to the new SAE standard.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other
[[Page 63537]]
than the least costly, most cost-effective or least burdensome
alternative if the Administrator publishes with the final rule an
explanation why that alternative was not adopted. Before EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. Today's rule does not affect State, local, or
tribal governments. The impact of this rule on the private sector will
be less than $100 million per year. Thus, today's rule is not subject
to the requirements of sections 202 and 205 of the UMRA. EPA has
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments. This
regulation does not apply to governmental entities.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This regulation applies directly to
facilities that use these substances and not to governmental entities.
Thus, Executive Order 13132 does not apply to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It does not
significantly or uniquely affect the communities of Indian tribal
governments, because this regulation applies directly to facilities
that use these substances and not to governmental entities. Thus,
Executive Order 13175 does not apply to this rule.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045: ``Protection of Children From Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it is based on technology performance and
not on health or safety risks.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use'' (66 FR 28355 (May 22, 2001)) because it is not a
significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act
As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law
104-113, Section 12(d) (15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in regulatory activities unless to do so
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards. This rulemaking explicitly
references technical standards; EPA uses the SAE revision versions of
J2210. These standards can be obtained from https://www.sae.org/
technical/standards/.
List of Subjects in 40 CFR Part 82
Environmental protection, Motor vehicle air-conditioning, Recover/
recycle equipment, Recover/recycle/recharge equipment, Reporting and
certification requirements, Stratospheric ozone layer.
Dated: November 2, 2007.
Stephen L. Johnson,
Administrator.
[FR Doc. E7-21941 Filed 11-8-07; 8:45 am]
BILLING CODE 6560-50-P
