Protection of Stratospheric Ozone: Revision of Refrigerant Recovery Only Equipment Standards, 34676-34678 [E8-13754]
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34676
Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Proposed Rules
is requested, the record for this action
will remain open until August 4, 2008
$415.00 to accommodate submittal of
information related to the public
2,225.00 hearing. For additional information on
the public hearing, see the
SUPPLEMENTARY INFORMATION section of
$,225.00 this document.
*
*
*
*
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ADDRESSES: Submit your comments,
identified by Docket ID No EPA–HQ–
Dated: June 12, 2008.
OAR–2008–0231, by mail to
Jon W. Dudas,
Environmental Protection Agency,
Under Secretary of Commerce for Intellectual
Mailcode 6102T, EPA Docket Center
Property and Director of the United States
(EPA/DC), 1200 Pennsylvania Avenue,
Patent and Trademark Office.
NW., Washington, DC 20460. Comments
[FR Doc. E8–13730 Filed 6–17–08; 8:45 am]
may also be submitted electronically or
BILLING CODE 3510–16–P
through hand delivery/courier by
following the detailed instructions in
the ADDRESSES section of the direct final
ENVIRONMENTAL PROTECTION
rule located in the rules section of this
AGENCY
Federal Register.
FOR FURTHER INFORMATION CONTACT:
40 CFR Part 82
Karen Thundiyil, Stratospheric
[EPA–HQ–OAR–2008–0231; FRL–8582–7]
Protection Division, Office of
Atmospheric Programs (MC 6205J),
RIN 2060–AP18
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
Protection of Stratospheric Ozone:
Revision of Refrigerant Recovery Only DC 20460; telephone number: (202)
343–9464; fax number (202) 343–2363;
Equipment Standards
e-mail address:
AGENCY: Environmental Protection
thundiyil.karen@epa.gov.
Agency (EPA).
SUPPLEMENTARY INFORMATION: In the
ACTION: Proposed rule.
‘‘Rules and Regulations’’ section of this
Federal Register, we are updating the
SUMMARY: The Environmental Protection
existing motor vehicle refrigerant
Agency (EPA) is proposing to update
recovery only equipment standards, as a
motor vehicle refrigerant recovery only
direct final rule without a prior
equipment standards. Under Clean Air
proposed rule. If we receive no adverse
Act Section 609, motor vehicle aircomment, we will not take further
conditioning (MVAC) refrigerant
action on this proposed rule. If a public
handling equipment must be certified
hearing is held, it will be at EPA
by the Administrator or an independent
Headquarters in Washington, DC.
organization approved by the
Administrator and, at a minimum, must I. Why Is EPA Issuing This Proposed
Rule?
be as stringent as the standards of the
Society of Automotive Engineers (SAE)
This document proposes to take
in effect as of the date of the enactment
action on motor vehicle air-conditioning
of the Clean Air Act Amendments of
refrigerant recovery only equipment
1990. In 1997, EPA promulgated
standards. We have published a direct
regulations that required the use of SAE final rule updating EPA’s motor vehicle
Standard J1732, HFC–134a Recycling
refrigerant recovery only equipment
Equipment for Mobile Air Conditioning standards in the ‘‘Rules and
Systems for certification of MVAC
Regulations’’ section of this Federal
refrigerant handling equipment. SAE
Register because we view this as a
has replaced Standard J1732 with J2810, noncontroversial action and anticipate
HFC–134a Refrigerant Recovery
no adverse comment. We have
Equipment for Mobile Air Conditioning explained our reasons for this action in
Systems. EPA is updating its reference
the preamble to the direct final rule and
to the new SAE standard for MVAC
are not repeating those here.
refrigerant recovery equipment used for
If we receive no adverse comment, we
MVAC servicing and MVAC disposal.
will not take further action on this
This action reflects a change in industry proposed rule. If we receive adverse
standard practice.
comment, we will withdraw the direct
final rule and it will not take effect. We
DATES: Written comments must be
would address all public comments in
received by July 18, 2008. If anyone
any subsequent final rule based on this
contacts us requesting a public hearing
proposed rule. We do not intend to
by June 30, 2008, the hearing will be
institute a second comment period on
held on July 3, 2008. If a public hearing
mstockstill on PROD1PC66 with PROPOSALS
(1) A transmittal fee (see 35
U.S.C. 361(d) and PCT Rule
14) ...........................................
(2) A search fee (see 35 U.S.C.
361(d) and PCT Rule 16) .......
(3) A supplemental search fee
when required, per additional invention .....................
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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. The OMB
control numbers for EPA’s regulations
in 40 CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (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 this proposed 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-forprofit enterprise which is independently
owned and operated and is not
dominant in its field.
After considering the economic
impacts of this proposed rule on small
entities, we certify that this action will
not have a significant economic impact
E:\FR\FM\18JNP1.SGM
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Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Proposed Rules
mstockstill on PROD1PC66 with PROPOSALS
on a substantial number of small
entities. The requirements of this
proposed rule do not require an
immediate replacement of existing
equipment with equipment certified to
the new SAE standard. Rather, MVAC
service shop owners will purchase
equipment certified to the new SAE
standard to replace existing refrigerant
handling equipment as it approaches
the end of its life. We continue to be
interested in the potential impacts of the
proposed rule on small entities and
welcome comments on issues related to
such impacts.
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
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
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16:59 Jun 17, 2008
Jkt 214001
tribal governments, in the aggregate, or
the private sector in any one year. This
proposed rule does not affect State,
local, or tribal governments. The impact
of this proposed rule on the private
sector will be less than $100 million per
year. Thus, this proposed 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 proposed
rule applies directly to facilities that use
these substances and not to
governmental entities. Thus, Executive
Order 13132 does not apply to this
proposed 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 proposed 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
proposed rule.
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34677
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 proposed 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 proposed 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
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (‘‘NTTAA’’), Public Law No.
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 proposes to
use SAE Standard J2810 which is the
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34678
Federal Register / Vol. 73, No. 118 / Wednesday, June 18, 2008 / Proposed Rules
revised version of SAE Standard J1732.
These standards can be obtained from
https://www.sae.org/technical/
standards/.
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (EO) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States.
EPA has determined that this
proposed rule will not have
disproportionately high and adverse
human health or environmental effects
on minority or low-income populations
because it does not affect the level of
protection provided to human health or
the environment. This action updates a
regulatory reference to an obsolete
standard to avoid confusion on the part
of refrigerant handling equipment
manufacturers, service technicians,
automobile dismantling operators, and
A/C service shop owners.
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: June 12, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8–13754 Filed 6–17–08; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2002–0043; FRL–8130–3]
mstockstill on PROD1PC66 with PROPOSALS
Pesticide Tolerance Nomenclature
Changes; Proposed Technical
Amendments
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; Technical
Amendments.
AGENCY:
SUMMARY: This document proposes
minor technical revisions to
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16:59 Jun 17, 2008
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terminology of certain commodity terms
listed under 40 CFR part 180, subpart A
and subpart C. EPA is proposing this
action to eventually establish a uniform
listing of commodity terms.
DATES: Comments must be received on
or before August 18, 2008.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2002–0043, by
one of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Building), 2777 S.
Crystal Drive, Arlington, VA. Deliveries
are only accepted during the Docket’s
normal hours of operation (8:30 a.m. to
4 p.m., Monday through Friday,
excluding legal holidays). Special
arrangements should be made for
deliveries of boxed information. The
Docket telephone number is (703) 305–
5805.
Instructions: Direct your comments to
docket ID number EPA–HQ–OPP–2002–
0043. EPA’s policy is that all comments
received will be included in the docket
without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The Federal regulations.gov
website is an ‘‘anonymous access’’
system, which means EPA will not
know your identity or contact
information unless you provide it in the
body of your comment. If you send an
e-mail comment directly to EPA without
going through regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the docket
and made available on the Internet. If
you submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD-ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
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Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the docket index available
in regulations.gov. To access the
electronic docket, go to https://
www.regulations.gov, select ‘‘Advanced
Search,’’ then ‘‘Docket Search.’’ Insert
the docket ID number where indicated
and select the ‘‘Submit’’ button. Follow
the instructions on the regulations.gov
web site to view the docket index or
access available documents. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive,
Arlington, VA. The hours of operation
of this Docket Facility are from 8:30 a.m.
to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket
telephone number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Stephen Schaible, Registration Division
(7505P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308-9362; fax number: (703) 3056920; e-mail address:
schiable.stephen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111),
e.g., agricultural workers; greenhouse,
nursery, and floriculture workers;
farmers.
• Animal production (NAICS code
112), e.g., cattle ranchers and farmers,
dairy cattle farmers, livestock farmers.
• Food manufacturer (NAICS code
311), e.g., agricultural workers; farmers;
greenhouse, nursery, and floriculture
workers; ranchers; pesticide applicators.
• Pesticide manufacturer (NAICS
code 32532), e.g., agricultural workers;
commercial applicators; farmers;
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]]>Agencies
[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Proposed Rules]
[Pages 34676-34678]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13754]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 82
[EPA-HQ-OAR-2008-0231; FRL-8582-7]
RIN 2060-AP18
Protection of Stratospheric Ozone: Revision of Refrigerant
Recovery Only Equipment Standards
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is proposing to
update motor vehicle refrigerant recovery only 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 J1732, HFC-134a
Recycling Equipment for Mobile Air Conditioning Systems for
certification of MVAC refrigerant handling equipment. SAE has replaced
Standard J1732 with J2810, HFC-134a Refrigerant Recovery Equipment for
Mobile Air Conditioning Systems. EPA is updating its reference to the
new SAE standard for MVAC refrigerant recovery equipment used for MVAC
servicing and MVAC disposal. This action reflects a change in industry
standard practice.
DATES: Written comments must be received by July 18, 2008. If anyone
contacts us requesting a public hearing by June 30, 2008, the hearing
will be held on July 3, 2008. If a public hearing is requested, the
record for this action will remain open until August 4, 2008 to
accommodate submittal of information related to the public hearing. For
additional information on the public hearing, see the SUPPLEMENTARY
INFORMATION section of this document.
ADDRESSES: Submit your comments, identified by Docket ID No EPA-HQ-OAR-
2008-0231, 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 only equipment standards, as a direct final rule
without a prior proposed rule. If we receive no adverse comment, we
will not take further action on this proposed rule. If a public hearing
is held, it will be at EPA Headquarters in Washington, DC.
I. Why Is EPA Issuing This Proposed Rule?
This document proposes to take action on motor vehicle air-
conditioning refrigerant recovery only equipment standards. We have
published a direct final rule updating EPA's motor vehicle refrigerant
recovery only 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 and are not repeating those here.
If we receive no adverse comment, we will not take further action
on this proposed rule. If we receive adverse comment, 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. The OMB control numbers for EPA's regulations in 40
CFR are listed in 40 CFR part 9.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (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 this proposed 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 this proposed rule on
small entities, we certify that this action will not have a significant
economic impact
[[Page 34677]]
on a substantial number of small entities. The requirements of this
proposed rule do not require an immediate replacement of existing
equipment with equipment certified to the new SAE standard. Rather,
MVAC service shop owners will purchase equipment certified to the new
SAE standard to replace existing refrigerant handling equipment as it
approaches the end of its life. We continue to be interested in the
potential impacts of the proposed rule on small entities and welcome
comments on issues related to such impacts.
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 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. This proposed rule does not affect State,
local, or tribal governments. The impact of this proposed rule on the
private sector will be less than $100 million per year. Thus, this
proposed 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 proposed rule applies directly
to facilities that use these substances and not to governmental
entities. Thus, Executive Order 13132 does not apply to this proposed
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 proposed 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 proposed 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 proposed 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 proposed 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
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 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 proposes to
use SAE Standard J2810 which is the
[[Page 34678]]
revised version of SAE Standard J1732. These standards can be obtained
from https://www.sae.org/technical/standards/.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this proposed rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. This action updates a regulatory reference to an obsolete
standard to avoid confusion on the part of refrigerant handling
equipment manufacturers, service technicians, automobile dismantling
operators, and A/C service shop owners.
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: June 12, 2008.
Stephen L. Johnson,
Administrator.
[FR Doc. E8-13754 Filed 6-17-08; 8:45 am]
BILLING CODE 6560-50-P
