Protection of Stratospheric Ozone: Updates to HCFC Trade Language as Applied to Article 5 Countries; Ratification Status of Parties to the Montreal Protocol; and Harmonized Tariff Schedule Commodity Codes, 16680-16688 [2014-05818]

Download as PDF 16680 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 165 as follows: ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 PART 165—REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS [EPA–HQ–OAR–2013–0600; FRL–9906–75– OAR] ■ 1. The authority citation for part 165 continues to read as follows: RIN 2060–AR89 Authority: 33 U.S.C. 1231; 46 U.S.C. Chapters 701, 3306, 3703; 50 U.S.C. 191, 195; 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, 116 Stat. 2064; Department of Homeland Security Delegation No. 0170.1. Protection of Stratospheric Ozone: Updates to HCFC Trade Language as Applied to Article 5 Countries; Ratification Status of Parties to the Montreal Protocol; and Harmonized Tariff Schedule Commodity Codes 2. Add § 165.T09–0128 to read as follows: ■ emcdonald on DSK67QTVN1PROD with RULES (a) Location. All waters of the Main Branch of the Chicago River within a 250 foot radius of the North Clark Street Bridge, located at 41°53′15″ N and 87°37′52.0″ W (NAD 83) on the Main Branch of the Chicago River, Chicago, IL. (b) Effective and enforcement period. This zone is effective from 7 a.m. on March 29, 2014, until 7 p.m. on March 30, 2014. This zone will be enforced intermittently on March 29 or 30, 2014. (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into, transiting, or anchoring within this safety zone is prohibited unless authorized by the Captain of the Port, Lake Michigan or his designated on-scene representative. (2) This safety zone is closed to all vessel traffic, except as may be permitted by the Captain of the Port, Lake Michigan or his designated onscene representative. (3) The ‘‘on-scene representative’’ of the Captain of the Port, Lake Michigan is any Coast Guard commissioned, warrant or petty officer who has been designated by the Captain of the Port, Lake Michigan to act on his behalf. (4) Vessel operators desiring to enter or operate within the safety zone must contact the Captain of the Port, Lake Michigan or his on-scene representative to obtain permission to do so. The Captain of the Port, Lake Michigan or his on-scene representative may be contacted via VHF Channel 16. Vessel operators given permission to enter or operate in the safety zone must comply with all directions given to them by the Captain of the Port, Lake Michigan, or his on-scene representative. Dated: March 11, 2014. M.W. Sibley, Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan. [FR Doc. 2014–06709 Filed 3–25–14; 8:45 am] BILLING CODE 9110–04–P VerDate Mar<15>2010 16:11 Mar 25, 2014 Jkt 232001 Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: § 165.T09–0128 Safety Zone; Helicopter Lift Operations, Main Branch Chicago River, Chicago, IL. The Environmental Protection Agency (EPA) is issuing this direct final rule to update: Regulations governing trade of HCFCs to reflect that HCFC control measures have now taken effect for Parties operating under Article 5 of the Montreal Protocol; references to Party ratification status; commodity codes for ozone depleting substances to address changes made in 2012 by the U.S. International Trade Commission; and other minor provisions. We are making these revisions to ensure that EPA regulations are consistent with the United States obligations under Montreal Protocol and the Clean Air Act, to ensure that companies importing ozone-depleting substances refer to accurate commodity codes, and to streamline and clarify regulatory content. SUMMARY: This direct final rule is effective on June 24, 2014 without further notice, unless EPA receives adverse comment by April 25, 2014. If we receive adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– OAR–2013–0600, by one of the following methods: • www.regulations.gov: Follow the online instructions for submitting comments. • Email: a-and-r-docket@epa.gov. • Mail: Docket #EPA–HQ–OAR– 2013–0600, Air and Radiation Docket and Information Center, U.S. Environmental Protection Agency, Mail code: 6102T, 1200 Pennsylvania Avenue NW., Washington, DC 20460. • Hand Delivery: Docket #EPA–HQ– OAR–2013–0600 Air and Radiation Docket at EPA West, 1301 Constitution Avenue NW., Room B108, Mail Code 6102T, Washington, DC 20004. Such deliveries are only accepted during the DATES: PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–OAR–2013– 0600. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at 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 www.regulations.gov or email. If you want to submit confidential comments, please send them to the individual listed in the FOR FURTHER INFORMATION CONTACT section. The www.regulations.gov Web site 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 email comment directly to EPA without going through www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public 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. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA’s public docket, visit the EPA Docket Center homepage at www.epa.gov/epahome/dockets.htm. FOR FURTHER INFORMATION CONTACT: Jeremy Arling by telephone at (202) 343–9055 or by email at arling.jeremy@ epa.gov, or by mail at U.S. Environmental Protection Agency, Stratospheric Protection Division, Stratospheric Program Implementation Branch (6205J), 1200 Pennsylvania Ave. NW., Washington, DC 20460. You may also visit the Ozone Protection Web site of EPA’s Stratospheric Protection Division at www.epa.gov/ozone/ strathome.html for further information about EPA’s Stratospheric Ozone Protection regulations, the science of ozone layer depletion and related topics. E:\FR\FM\26MRR1.SGM 26MRR1 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations The Montreal Protocol bans trade with any country that has not agreed to be bound by the control measures in effect for that substance, unless the country meets certain requirements that will be discussed later in this preamble. As of January 1, 2013, Parties operating under Article 5 paragraph 1 of the Montreal Protocol (Article 5 countries) are subject to a freeze on production and consumption of HCFCs. In this action, EPA is bringing its stratospheric ozone protection regulations up to date to indicate that the existing trade provisions now apply to Article 5 countries. This document provides current information on the ratification 1 status of Article 5 countries. This action is necessary to ensure that our regulations conform to United States obligations as a Party to the Montreal Protocol and with the requirements of Title VI of the Clean Air Act. The U.S. International Trade Commission is responsible for publishing the Harmonized Tariff Schedule of the United States (HTS). The HTS provides the applicable tariff rates and statistical categories for all merchandise imported into the United States. It is based on the international Harmonized System, the global system of nomenclature that is used to describe most world trade in goods. Revisions made in 2012 affected the commodity codes (also known as HTS codes) for ozone depleting substances. This action updates the commodity codes in our regulations so that they coincide with the ones currently in effect and in use by the U.S. International Trade Commission. EPA is publishing this rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. However, in the ‘‘Proposed Rules’’ section of today’s Federal Register, we are publishing a separate document that will serve as the proposed rule for the revisions discussed in this action if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any stakeholders interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that this direct final rule will not take effect. We would address all public emcdonald on DSK67QTVN1PROD with RULES SUPPLEMENTARY INFORMATION: 1 In this document, we use ‘‘ratification’’ to mean the deposit of an instrument of ratification, acceptance, or approval. VerDate Mar<15>2010 16:11 Mar 25, 2014 Jkt 232001 comments in any subsequent final rule based on the proposed rule. Acronyms and Abbreviations. The following acronyms and abbreviations are used in this document. CAA—Clean Air Act CAAA—Clean Air Act Amendments of 1990 CFC—Chlorofluorocarbon CFR—Code of Federal Regulations EPA—Environmental Protection Agency FR—Federal Register HCFC—Hydrochlorofluorocarbon HTS—Harmonized Tariff Schedule Montreal Protocol—Montreal Protocol on Substances that Deplete the Ozone Layer MOP—Meeting of the Parties MT—Metric Ton ODP—Ozone Depletion Potential ODS—Ozone-Depleting Substance(s) Party—Nations and regional economic integration organizations that have consented to be bound by the Montreal Protocol on Substances that Deplete the Ozone Layer Table of Contents I. General Information A. Does this action apply to me? B. What should I consider as I prepare my comments for EPA? 1. Confidential Business Information (CBI) 2. Tips for Preparing Your Comments II. Update to Regulations Concerning HCFC Trade Restrictions for Article 5 Countries A. What does the Montreal Protocol say about trade restrictions? B. What do the Clean Air Act and EPA’s regulations say about trade restrictions? C. Today’s Action III. Remove Appendix C Listing Ratification Status of Parties and Remove References to Appendix C A. Removing Appendix C to Subpart A of Part 82 B. Revising Definitions Found in 40 CFR 82.3 Referring to Appendix C C. Removing References to Appendix C Found in 40 CFR 82.4 D. Removing References to Appendix C Found in 40 CFR 82.15 E. Removing References to Appendix C Found in 40 CFR 82.18 IV. Updating Appendix E V. Updating Commodity Codes for OzoneDepleting Substances VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act C. Regulatory Flexibility Act D. Unfunded Mandates Reform Act E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 16681 J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act I. General Information A. Does this action apply to me? This rule will affect the following categories: Industrial Gas Manufacturing entities (NAICS code 325120), including fluorinated hydrocarbon gas manufacturers and importers; Other Chemical and Allied Products Merchant Wholesalers (NAICS code 424690), including chemical gases and compressed gases merchant importers; refrigerant reclaimers, manufacturers of recovery/recycling equipment; and refrigerant recovery/recycling equipment testing organizations, including such entities that might import virgin, recovered, or reclaimed gas. This list is not intended to be exhaustive, but rather provides a guide for readers regarding the types of entities that could potentially be regulated by this action. Other types of entities not listed in this table could also be affected. To determine whether your facility, company, business organization, or other entity is regulated by this action, you should carefully examine these regulations. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section. B. What should I consider as I prepare my comments for EPA? 1. Confidential Business Information (CBI) Do not submit this information to EPA through www.regulations.gov or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for Preparing Your Comments When submitting comments, remember to: • Identify the rulemaking by docket number and other identifying E:\FR\FM\26MRR1.SGM 26MRR1 16682 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations information (subject heading, Federal Register date, and page number). • Follow directions—The agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/ or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. II. Update to Regulations Concerning HCFC Trade Restrictions for Article 5 Countries emcdonald on DSK67QTVN1PROD with RULES A. What does the Montreal Protocol say about trade restrictions? The Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) is the international agreement aimed at reducing and eventually eliminating the production and consumption of stratospheric ozonedepleting substances (ODS). The United States was one of the original signatories to the 1987 Montreal Protocol and the United States ratified the Protocol in 1988. Congress then enacted, and President George H.W. Bush signed into law, the Clean Air Act Amendments of 1990 (CAAA), which included Title VI on Stratospheric Ozone Protection, codified as 42 U.S.C. Chapter 85, Subchapter VI, to ensure that the United States could satisfy its obligations under the Montreal Protocol. The 1990 London Amendment to the Montreal Protocol identified HCFCs as transitional substances to serve as temporary, lower ozone-depletion potential (ODP) substitutes for chlorofluorocarbons (CFCs) and other more destructive ODS. The Parties agreed in the 1992 Copenhagen Amendment to the Montreal Protocol to phase out HCFCs, beginning with a cap on consumption for developed countries (also referred to as Article 2 countries). Countries operating under Article 5 of the Montreal Protocol (also referred to as Article 5 countries or developing nations) were entitled to delay instituting control measures for ten VerDate Mar<15>2010 16:11 Mar 25, 2014 Jkt 232001 years. While the 1992 Copenhagen Amendment did not cap HCFC production, the Parties did establish a cap on production and added trade restrictions through the Beijing Amendment agreed upon in 1999 at the 11th Meeting of the Parties. The same ten-year delay in instituting control measures was applied to Article 5 countries. In 2007, at the 19th Meeting of the Parties in Montreal, Canada, the Parties agreed to more aggressively phase out HCFCs and accelerate the freeze on their production and consumption of HCFCs in Article 5 countries by three years, such that it would take effect January 1, 2013, instead of January 1, 2016. Article 4 of the Montreal Protocol governs control of trade with nonParties. Parties to the Beijing Amendment agreed, under paragraphs 1 quin. and 2 quin. of Article 4 of the Protocol, beginning in January 1, 2004, to ban HCFC imports from and exports to ‘‘any State not party to this Protocol.’’ Paragraph 9 of Article 4 of the Protocol indicates that the term ‘‘State not party to this Protocol’’ shall include, with respect to a particular controlled substance, a State or regional economic integration organization that has not agreed to be bound by the control measures in effect for that substance. Paragraph 8 of Article 4 provides an exception to the trade ban if ‘‘that State is determined, by a meeting of the Parties, to be in full compliance with Article 2, Articles 2A to 2I [the control measures] and this Article, and have submitted data to that effect as specified in Article 7.’’ As a result of the acceleration of the HCFC commitments made in 2007 at the 19th Meeting of the Parties, HCFC control measures came into effect for Article 5 countries January 1, 2013. Therefore, under Article 4 of the Montreal Protocol, trade is prohibited between any Party to the Beijing Amendment and any Article 5 country that has not ratified the Beijing Amendment, unless the Article 5 country meets the exception contained in Article 4 paragraph 8.2 The United States is a Party to the Beijing Amendment and therefore must comply with this trade prohibition. The purpose of this direct final rule is to update the EPA’s regulations on trade in HCFCs to reflect their application to Article 5 countries. 2 Currently, four Article 5 countries have not ratified the Beijing Amendment: Kazakhstan, Libya, Mauritania, and Saudi Arabia. None of these countries has been determined to be in compliance with the Beijing Amendment pursuant to Article 4 paragraph 8. PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 B. What do the Clean Air Act and EPA’s Regulations say about trade restrictions? Section 614(b) of the Clean Air Act, as amended, clarifies and confirms the authority and responsibility of the EPA Administrator to implement the United States’ obligations under the Montreal Protocol, specifically addressing the Administrator’s authority to implement the Protocol’s trade provisions. As a conflict of laws provision, section 614(b) provides in relevant part that in the case of conflict between any provision of the Clean Air Act and any provision of the Montreal Protocol, the more stringent provision shall govern. In addition, that subsection indicates that nothing in Title VI of the Act shall detract from the Administrator’s authority to implement the Article 4 trade restrictions. Thus, section 614(b) implicitly assumes that the agency has the authority to implement the trade provisions of the Protocol. Implementation of the Protocol’s HCFC trade provisions through EPA regulations helps safeguard the ozone layer. By preventing trade with foreign states that are not party to or do not comply with the HCFC control measures, these provisions help prevent HCFC production and consumption that does not take place under the Protocol’s phaseout regime. Ultimately, these trade restrictions under the Protocol safeguard against trade undermining the production, consumption, and phaseout regime contemplated by both the Clean Air Act and the Montreal Protocol. To implement the HCFC provisions of the Montreal Protocol, EPA established an allowance system to control the U.S. consumption of HCFCs and published the implementing regulations in the Federal Register on January 21, 2003 (68 FR 2820). The HCFC allowance system is part of EPA’s Clean Air Act program to phase out ozone-depleting substances to protect the stratospheric ozone layer. Protection of the stratospheric ozone layer helps reduce rates of skin cancer and cataracts, as well as other health and ecological effects. The U.S. is obligated under the Montreal Protocol to limit HCFC consumption and production to a specific level and, using stepwise reductions, to decrease the specific level culminating in a complete HCFC phaseout in 2030. EPA’s regulations also include provisions at 40 CFR 82.15(e) to implement the ban on trade with countries not Party to the Protocol. The EPA adopted section 82.15(e)(3) as currently drafted in 2004, at a time when the HCFC control measures for Article 5 countries were still well in the E:\FR\FM\26MRR1.SGM 26MRR1 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations future. This provision reflected the Parties’ 2003 agreement in Decision XV/ 3 that ‘‘State not party to this Protocol’’ in Article 4, paragraph 9 does not apply to those States operating under Article 5, paragraph 1, of the Protocol until January 1, 2016 when, in accordance with the Copenhagen and Beijing Amendments, hydrochlorofluorocarbon production and consumption control measures will be in effect for States that operate under Article 5, paragraph 1, of the Protocol.’’ At that time, January 1, 2016, was the date on which the first control measure for Article 5 countries, a production and consumption freeze, was to go into effect. Under the 1997 Montreal Amendment, Article 5 countries became subject to a consumption and production freeze on January 1, 2016 (Art. 5 para. 8 ter). In 2007, the Parties adopted Decision XIX/ 6, which replaced the reference to 2016 in Decision XV/9 with the new freeze date, 2013. The regulatory trade provisions concerning HCFCs are now outdated in several respects. Section 82.15(e)(3), which describes the past status of Article 5 countries, is now obsolete because Article 5 countries are currently subject to HCFC control measures. Furthermore, section 82.15(e)(2) refers to a specific procedure associated with a March 2004 deadline. In addition, the various Appendix C annexes referenced in section 82.15(e) have not been updated since 2004. emcdonald on DSK67QTVN1PROD with RULES C. Today’s Action This rule updates section 82.15(e) to reflect that the trade ban applies to Article 5 countries not party to the HCFC control measures except to the extent that the Article 5 country is complying with the Beijing Amendment as provided in Article 4, paragraph 8 of the Montreal Protocol. Because all Parties are now subject to HCFC control measures, there is no longer any need to have a separate regulatory provision for Article 5 countries. The revised language applies to both Article 5 and non-Article 5 countries. In addition, EPA is removing from section 82.15(e)(2) the reference to a specific process and instead using the defined term ‘‘foreign state complying with,’’ which is discussed in Section III.B of this notice. EPA is also removing the references to Appendix C, as discussed in Section III of this notice, and advises readers to consult the Ozone Secretariat’s Web site for updates regarding the status of specific countries. VerDate Mar<15>2010 16:11 Mar 25, 2014 Jkt 232001 III. Remove Appendix C Listing Ratification Status of Parties and Remove References to Appendix C Today’s action removes Appendix C of Subpart A, which contains lists of Parties to the Montreal Protocol and their ratification status, because the information is outdated and in part duplicative of other Appendices. This rule also updates several regulatory provisions to remove references to Appendix C. A. Removing Appendix C to Subpart A of Part 82 This action removes Appendix C to Subpart A of Part 82 in its entirety. This appendix contains information on Parties to the Montreal Protocol, and nations complying with, but not Parties to, the Protocol. It consists of four Annexes: (1) Parties to the Montreal Protocol (as of January 29, 2003); (2) Nations Complying with, But Not Parties to, the Protocol; (3) Nations that are Parties to the Montreal Protocol that have not yet Ratified all applicable Amendments to the Protocol but have Notified the Ozone Secretariat and Properly Submitted Supporting Documentation in Accordance with the Requirements of Decision XV/3; and (4) Nations That Are Parties to the Montreal Protocol and Are Operating Under Article 5(1). Annex 1 contains a detailed matrix that lists Parties to the Montreal Protocol along with information on whether they had ratified specific amendments as of January 29, 2003. For updates to ratification status, Annex 1 currently refers to the Montreal Protocol Ozone Secretariat’s Web site at: https:// www.unep.org/ozone/ratif.shtml. EPA is no longer going to attempt to maintain the ratification status of Parties to the Protocol in our regulations. Ratification status can easily become outdated and updates to the regulations to reflect such changes are resource intensive and may be untimely. Furthermore, the public is increasingly relying on the Internet to find information. EPA believes that pointing readers to the Ozone Secretariat’s Web site and removing Annex 1 of Appendix C will ensure that the public is using the most accurate and current information. Annex 2 currently contains no information, but rather, is reserved to capture any and all ‘‘Nations Complying with, But Not Party to, the Protocol.’’ The same rationale for removing Annex 1 applies to Annex 2. This rule removes Annex 2 and updates our regulations to advise readers to consult the Ozone Secretariat’s Web site for Parties’ ratification status as well as PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 16683 identification of any country that is in compliance with, but not party to, the Montreal Protocol. Annex 3 contains a matrix detailing information that has become obsolete. Specifically, Annex 3 details information regarding any State not operating under Article 5, that at the time of publication, had not ratified the Copenhagen and/or the Beijing Amendment, but had followed procedures set forth in Decision XV/3 to implement the exception in Article 4, Paragraph 8. As explained above, EPA has decided against attempting to maintain current ratification or compliance status in our regulations. For this reason, this rule removes Annex 3 of Subpart A of Part 82. Annex 4 contains a list of countries operating under Article 5 of the Montreal Protocol. Appendix E of Subpart A also lists Article 5 countries and EPA sees no reason to maintain both. Therefore, this rule removes Annex 4 of Appendix C and updates Appendix E. B. Revising Definitions Found in 40 CFR 82.3 Referring to Appendix C Section 82.3 contains definitions for Subpart A. Several of those definitions contain references to Appendix C. EPA is amending those definitions by removing those references and advising readers to consult the Ozone Secretariat’s Web site. This rule also updates those definitions, as necessary, to include references to the Beijing Amendment. Foreign state complying with. EPA is adding a definition for ‘‘Foreign state complying with.’’ This replaces the definition of ‘‘Complying with the Protocol,’’ which is being removed from the list of definitions. The new definition uses phrasing more consistent with the existing definition of ‘‘Foreign state not Party to or Non-Party.’’ This new definition is similar to the old definition of ‘‘Complying with the Protocol’’ but adds a reference to the Beijing Amendment and removes the reference to appendix C. Complying with the Protocol. As mentioned above, EPA is removing this definition from section 82.3. Nations complying with, but not joining, the Protocol. This definition is simply a reference to Appendix C, annex 2. EPA is therefore removing this definition. Foreign state not Party to or NonParty. This rule adds the Beijing Amendment to the list of amendments referenced in this definition. Party. EPA is revising this definition to remove the reference to Appendix C and to advise readers to consult the E:\FR\FM\26MRR1.SGM 26MRR1 16684 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations Ozone Secretariat’s Web site for ratification status. EPA is also revising the wording to be consistent with the wording for the definition of ‘‘Foreign state not Party to or Non-Party.’’ emcdonald on DSK67QTVN1PROD with RULES C. Removing References to Appendix C Found in 40 CFR 82.4 Section 82.4 contains prohibitions for class I controlled substances. Several of the class I prohibitions refer to Annex 1 of Appendix C (Parties to the Montreal Protocol) and Annex 2 of Appendix C (Nations complying with, but not Party to the Protocol). Generally, the class I regulations prohibit trade of class I controlled substances with foreign states unless that foreign state is a Party to the relevant control measures (as noted in Appendix C, Annex 1) or has been found in compliance with them (as noted in Appendix C, Annex 2). The ratification status listed in Annex 1 of Appendix C is outdated. Furthermore, there are no Parties listed in Annex 2 of Appendix C. While class I ozonedepleting substances are completely phased out and production and import are allowed only under limited exceptions, EPA does not want to maintain references to Appendix C when that Appendix is being removed in today’s action. EPA is revising section 82.4(l) paragraphs (1) through (6) to remove the references to Appendix C and to advise readers to consult the Ozone Secretariat’s Web site. D. Removing References to Appendix C Found in 40 CFR 82.15 Section 82.15 contains prohibitions for class II controlled substances. Certain provisions in section 82.15 refer to Appendix C. As explained above, Appendix C is being removed through this action. EPA is revising section 82.15(c) ‘‘Production with Article 5 Allowances’’ to change the reference therein from ‘‘Annex 4 of Appendix C’’ to ‘‘Appendix E.’’ As revised through this action, Appendix E contains the current list of Article 5 Parties and advises readers to consult the Ozone Secretariat’s Web site for updates. Section 82.15(e)(1), (2), and (3), which are provisions related to trade with foreign states, refer to Appendix C. This rule revises the section 82.15(e) trade provisions for the reasons discussed in Section II. EPA notes here that this revision also removes the references to Appendix C. E. Removing References to Appendix C Found in 40 CFR 82.18 Section 82.18(a) apportions Article 5 allowances for class II substances. VerDate Mar<15>2010 16:11 Mar 25, 2014 Jkt 232001 Today’s action removes the references in that section to Annex 4 of Appendix C and replaces them with references to Appendix E. Section 82.18(c) addresses ‘‘International trades of production allowances, export production allowances and Article 5 allowances.’’ Today’s action revises section 82.18(c)(1) to conform to the changes being made to section 82.15(e) concerning trades with parties. In part, the revision removes references to Appendix C. In addition, EPA is removing obsolete references to Appendix L. Appendix L currently relates only to approved critical uses of methyl bromide and has no relationship to international trades. IV. Updating Appendix E Appendix E contains a list of countries operating under Article 5 of the Montreal Protocol. EPA last updated this appendix on December 15, 2009. South Sudan become a Party to the Protocol in January 2012 and ratified all four amendments in October 2012. South Sudan is listed on the Ozone Secretariat’s Web site as having a temporary categorization as an Article 5 country pending submission of ODS consumption data. EPA is adding it to Appendix E with a footnote indicating this contingency. Per Decision XXV/16, Croatia has changed its status under the Montreal Protocol and is no longer an Article 5 country. Therefore, today’s action removes Croatia from Appendix E. Other minor updates to Appendix E include referring to Bolivia as ‘‘Bolivia (Plurinational State of)’’, Moldova as ‘‘Moldova (Republic of)’’, Libya as ‘‘Libya’’ as opposed to Libya (Arab Jamahiriya) and Venezuela as ‘‘Venezuela (Bolivarian Republic of).’’ These changes harmonize Appendix E with the list available on the Ozone Secretariat’s Web site. While a valuable reference, the list in Appendix E can become outdated as changes occur to the list maintained by the Ozone Secretariat. Therefore, in addition to updating the list, today’s action revises Appendix E to advise readers to consult the Ozone Secretariat’s Web site for updates: https://ozone.unep.org/new_ site/en/parties_under_article5_ para1.php. V. Updating Commodity Codes for Ozone-Depleting Substances The international Harmonized System, administered by the World Customs Organization, is the global system of nomenclature that is used to describe most world trade in goods. The U.S. International Trade Commission is responsible for publishing the PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 Harmonized Tariff Schedule of the United States Annotated (HTS).3 The HTS provides the applicable tariff rates and statistical categories for all merchandise imported into the United States. In 1998, EPA began requiring that importers of controlled substances use specific HTS codes listed in Appendix K of subpart A to 40 CFR part 82 (63 FR 41638, August 4, 1998). For class II substances, the relevant reporting and recordkeeping requirements appear at sections 82.24(c)(1)(iii) and 82.24(c)(2)(viii), respectively. U.S. Customs and Border Protection regulations require importers to properly identify the contents of a shipment, including the use of a proper commodity code from the HTS. EPA’s rationale for requiring importers of ODS to include specific commodity codes in their part 82 recordkeeping and reporting was to improve compliance with stratospheric ozone protection regulations. EPA is able to crosscheck and monitor the entry data collected by Customs and compare it to the import data reported to EPA. Proper use of commodity codes from the current HTS continues to be important for EPA to monitor compliance. Revisions made in 2012 affected the commodity codes for ozone depleting substances, which are found in Chapter 29 of the HTS. A Change Record listing the changes made in 2012 is available in the docket. Today’s action revises the commodity codes for ODS in Appendix K of Subpart A to reflect the relevant changes to the HTS. EPA is also taking this opportunity to organize the list of ODS by class I and class II for ease of reference. VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is therefore not subject to review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011). B. Paperwork Reduction Act This action does not impose any new information collection burden. EPA already requires recordkeeping and reporting for ozone-depleting substances 3 The most recent version of the Harmonized Tariff Schedule of the United States Annotated can be found at: https://www.usitc.gov/tata/hts/ index.htm. E:\FR\FM\26MRR1.SGM 26MRR1 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations and this action does not amend those provisions. The Office of Management and Budget (OMB) has previously approved the information collection requirements contained in the existing regulations at 40 CFR part 82, subpart A under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060–0498. The OMB control numbers for EPA’s regulations in 40 CFR are listed in 40 CFR part 9. emcdonald on DSK67QTVN1PROD with RULES 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. We have considered the economic impacts of this rule on small entities. For purposes of assessing the impacts of this rule on small entities, a small entity is defined as: (1) A small business that is primarily engaged in industrial gas manufacturing as defined by NAICS codes 325120 with fewer than 1000 employees or engaged in wholesale of those gases as defined by NAICS codes 424620 with fewer than 100 employees; (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 final rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. The only provision of today’s rule that has the potential to affect small entities is the update to the HCFC trade ban prohibiting the import or export of HCFCs to three countries. Based on data reported to EPA, there are fewer than half a dozen companies that have exported to these countries in the last few years and none are small businesses. Although this direct final rule will not have a significant economic impact on a substantial number of small entities, EPA nonetheless has tried to reduce the impact of this rule on small entities. In 2013 and 2014, EPA sent a letter to all importers and exporters notifying them VerDate Mar<15>2010 16:11 Mar 25, 2014 Jkt 232001 of the trade ban provisions in the Montreal Protocol. D. Unfunded Mandates Reform Act This action contains no Federal mandates under the provisions of Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 1531– 1538 for State, local, or tribal governments or the private sector. UMRA does not apply to rules that are necessary for the national security or the ratification or implementation of international treaty obligations. This rule updates the regulations to reflect the provisions of the Montreal Protocol related to trade with non-Parties. Other changes in this rule are to improve the accuracy and consistency of the regulations and have no to little impact on the regulated community. Therefore, this action is not subject to the requirements of sections 202 or 205 of the UMRA. This action is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. Potentially affected entities are not government entities but rather producers, importers, and exporters of HCFCs. E. Executive Order 13132: Federalism This action does not have federalism implications. It does 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. Potentially affected entities are not government entities but rather producers, importers, and exporters of HCFCs. Thus, Executive Order 13132 does not apply to this action. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175 (65 FR 67249, November 9, 2000). This action does not significantly or uniquely affect the communities of Indian tribal governments. It does not impose any enforceable duties on communities of Indian tribal governments. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks EPA interprets E.O. 13045 (62 FR 19885, April 23, 1997) as applying only PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 16685 to those regulatory actions that concern health or safety risks, such that the analysis required under section 5–501 of the E.O. has the potential to influence the regulation. This action is not subject to E.O. 13045 because it implements specific trade provisions already agreed upon and in effect under an international treaty. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211 (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 104–113, 12(d) (15 U.S.C. 272 note) directs EPA to use voluntary consensus standards in its 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 action does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations Executive Order (E.O.) 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 U.S. EPA has determined that this action will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it increases the level of environmental E:\FR\FM\26MRR1.SGM 26MRR1 16686 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations protection for all affected populations without having any disproportionately high and adverse human health or environmental effects on any population, including any minority or low-income population. This action updates regulatory provisions related to the HCFC trade ban: The effect is to prohibit export of HCFCs to a small list of countries that are not Party to the Beijing Amendment to the Montreal Protocol. K. Congressional Review Act The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A Major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). This rule will be effective June 24, 2014. List of Subjects in 40 CFR Part 82 Environmental protection, Administrative practice and procedure, Air pollution control, Chemicals, Exports, Hydrochlorofluorocarbons, Imports. Dated: March 7, 2014. Gina McCarthy, Administrator. For the reasons stated in the preamble, 40 CFR part 82 is amended as follows: PART 82—PROTECTION OF STRATOSPHERIC OZONE 1. The authority citation for part 82 continues to read as follows: ■ Authority: 42 U.S.C. 7414, 7601, 7671– 7671q. 2. Amend § 82.3 by: a. Removing the definition of ‘‘Complying with the Protocol’’; ■ b. Adding the definition of ‘‘Foreign state complying with’’; ■ c. Revising the definition of ‘‘Foreign state not Party to or Non-Party’’; ■ d. Removing the definition of ‘‘Nations complying with, but not joining, the Protocol’’; and ■ e. Revising the definition of ‘‘Party’’; The revised and added text reads as follows: emcdonald on DSK67QTVN1PROD with RULES ■ ■ VerDate Mar<15>2010 16:11 Mar 25, 2014 Jkt 232001 § 82.3 Definitions for class I and class II controlled substances. * * * * * Foreign state complying with, when referring to a foreign state not Party to the 1987 Montreal Protocol, the London Amendment, the Copenhagen Amendment, or the Beijing Amendment, means any foreign state that has been determined to be complying with the 1987 Montreal Protocol or the specified amendments by a Meeting of the Parties. Foreign state not Party to or NonParty means a foreign state that has not deposited instruments of ratification, acceptance, or other form of approval with the Directorate of the United Nations Secretariat, evidencing the foreign state’s ratification of the provisions of the 1987 Montreal Protocol, the London Amendment, the Copenhagen Amendment, or the Beijing Amendment, as specified. * * * * * Party means a foreign state that has deposited instruments of ratification, acceptance, or other form of approval with the Directorate of the United Nations Secretariat, evidencing the foreign state’s ratification of the provisions of the 1987 Montreal Protocol, the London Amendment, the Copenhagen Amendment, or the Beijing Amendment, as specified. (For ratification status, see: https:// ozone.unep.org/new_site/en/treaty_ ratification_status.php.) * * * * * ■ 3. Amend § 82.4 by revising paragraphs (l)(1) through (6) to read as follows: § 82.4 Prohibitions for class I controlled substances. * * * * * (l) Every kilogram of a controlled substance, and every controlled product, imported or exported in contravention of this subpart constitutes a separate violation of this subpart. No person may: (1) Import or export any quantity of a controlled substance listed in class I, Group I or Group II, in appendix A to this subpart from or to any foreign state not Party to the 1987 Montreal Protocol unless that foreign state is complying with the 1987 Montreal Protocol (For ratification status, see: https:// ozone.unep.org/new_site/en/treaty_ ratification_status.php); (2) Import or export any quantity of a controlled substance listed in class I, Group III, Group IV, or Group V, in appendix A to this subpart, from or to any foreign state not Party to the London Amendment, unless that foreign PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 state is complying with the London Amendment (For ratification status, see: https://ozone.unep.org/new_site/en/ treaty_ratification_status.php); or (3) Import a controlled product, as noted in appendix D, annex 1 to this subpart, from any foreign state not Party to the 1987 Montreal Protocol, unless that foreign state is complying with the 1987 Montreal Protocol (For ratification status, see: https://ozone.unep.org/new_ site/en/treaty_ratification_status.php). (4) Import or export any quantity of a controlled substance listed in class I, Group VII, in appendix A to this subpart, from or to any foreign state not Party to the Copenhagen Amendment, unless that foreign state is complying with the Copenhagen Amendment (For ratification status, see: https:// ozone.unep.org/new_site/en/treaty_ ratification_status.php). (5) Import or export any quantity of a controlled substance listed in class I, Group VI, in appendix A to this subpart, from or to any foreign state not Party to the Copenhagen Amendment unless that foreign state is complying with the Copenhagen Amendment (For ratification status, see: https:// ozone.unep.org/new_site/en/treaty_ ratification_status.php). (6) Import or export any quantity of a controlled substance listed in class I, Group VIII, in appendix A to this subpart, from or to any foreign state not Party to the Beijing Amendment, unless that foreign state is complying with the Beijing Amendment (For ratification status, see: https://ozone.unep.org/new_ site/en/treaty_ratification_status.php). * * * * * ■ 4. Amend § 82.15 by revising paragraphs (c), (e)(1), and (e)(2), and removing paragraph (e)(3) to read as follows: § 82.15 Prohibitions for class II controlled substances. * * * * * (c) Production with Article 5 allowances. No person may introduce into U.S. interstate commerce any class II controlled substance produced with Article 5 allowances, except for export to an Article 5 Party as listed in Appendix E of this subpart. Every kilogram of a class II controlled substance produced with Article 5 allowances that is introduced into interstate commerce other than for export to an Article 5 Party constitutes a separate violation under this subpart. No person may export any class II controlled substance produced with Article 5 allowances to a non-Article 5 Party. Every kilogram of a class II controlled substance that was produced with Article 5 allowances that is E:\FR\FM\26MRR1.SGM 26MRR1 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations exported to a non-Article 5 Party constitutes a separate violation under this subpart. * * * * * (e) * * * (1) A Party to the Beijing Amendment. As of March 14, 2014, the following foreign states had not ratified the Beijing Amendment: Kazakhstan, Libya, and Mauritania. For updates on ratification status, see the Ozone Secretariat’s Web site at: https://ozone.unep.org/new_site/ en/treaty_ratification_status.php. Or, (2) A foreign state not party to the Beijing Amendment that is complying with the Beijing Amendment as defined in this subpart. * * * * * ■ 5. Amend § 82.18 by revising paragraphs (a) and (c)(1) to read as follows: § 82.18 Availability of production in addition to baseline production allowances for class II controlled substances. (a) Article 5 allowances. (1) Effective January 1, 2003, a person apportioned baseline production allowances for HCFC–141b, HCFC–22, or HCFC–142b under § 82.17 is also apportioned Article 5 allowances, equal to 15 percent of their baseline production allowances, for the specified HCFC for each control period up until December 31, 2009, to be used for the production of the specified HCFC for export only to foreign states listed in Appendix E to this subpart. (2) Effective January 1, 2010, a person apportioned baseline production allowances under § 82.17 for HCFC– 141b, HCFC–22, or HCFC–142b is also apportioned Article 5 allowances, equal to 10 percent of their baseline production allowances, for the specified HCFC for each control period up until December 31, 2019, to be used for the production of the specified HCFC for export only to foreign states listed in Appendix E to this subpart. (3) Effective January 1, 2015, a person apportioned baseline production allowances under § 82.17 for HCFC–123, HCFC–124, HCFC–225ca, and HCFC– 225cb is also apportioned Article 5 allowances, equal to 10 percent of their baseline production allowances, for the specified HCFC for each control period up until December 31, 2019, to be used for the production of the specified HCFC for export only to foreign states listed in Appendix E to this subpart. * * * * * (c) * * * (1) A person may increase or decrease their production allowances, export production allowances, or Article 5 allowances, for a specified control period through trades with a foreign state that is Party to the Beijing Amendment or is complying with the Beijing Amendment as defined in this subpart. The foreign state must agree either to trade to the person for the current control period some quantity of production that the foreign state is permitted under the Montreal Protocol or to receive from the person for the current control period some quantity of production that the person is permitted under this subpart. The person must expend their consumption allowances allocated under § 82.19, or obtained under § 82.20 in order to produce with the additional production allowances. * * * * * Appendix C to Subpart A of Part 82— Parties to the Montreal Protocol, and Nations Complying With, But Not Parties to, the Protocol—[Removed and Reserved] 6. Remove and reserve Appendix C to Subpart A of Part 82. ■ 7. Revise Appendix E to Subpart A of Part 82 to read as follows: ■ APPENDIX E TO SUBPART A OF PART 82—ARTICLE 5 PARTIES Parties operating under Article 5 of the Montreal Protocol as of March 26, 2014 are listed below. An updated list can be located at: https://ozone.unep.org/new_site/en/ parties_under_article5_para1.php. Afghanistan, Albania, Algeria, Angola, Antigua & Barbuda, Argentina, Armenia, Bahamas, Bahrain, Bangladesh, Barbados, Belize, Benin, Bhutan, Bolivia (Plurinational State of), Bosnia and Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, Chad, Chile, China, Colombia, Comoros, Congo, Congo (Democratic Republic of), Cook Islands, Cost ˆ Rica, Cote d’Ivoire, Cuba, Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Georgia, Ghana, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq, Jamaica, Jordan, Kenya, Kiribati, Korea (Democratic People’s Republic of), Korea (Republic of), Kuwait, Kyrgyzstan, Lao (People’s Democratic Republic), Lebanon, Lesotho, Liberia, Libya, Madagascar, Malawi, Malaysia, Maldives, Mali, Marshall Islands Mauritania, Mauritius, Mexico, Micronesia (Federal States of), Moldova (Republic of), Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, Nauru, Nepal, Nicaragua, Niger, Nigeria, Niue, Oman, Pakistan, Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent & the Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, Serbia, Seychelles, Sierra Leone, Singapore, Solomon Islands, Somalia, South Africa, South Sudan*, Sri Lanka, Sudan, Suriname, Swaziland, Syrian Arab Republic, Tanzania (United Republic of), Thailand, The Former Yugoslav Republic of Macedonia, TimorLeste, Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, Tuvalu, Uganda, United Arab Emirates, Uruguay, Vanuatu, Venezuela (Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe. * temporarily categorized as Article 5 pending submission of ODS consumption data 8. Revise Appendix K to Subpart A of Part 82 to read as follows: ■ APPENDIX K TO SUBPART A OF PART 82—COMMODITY CODES FROM THE HARMONIZED TARIFF SCHEDULE FOR CONTROLLED SUBSTANCES AND USED CONTROLLED SUBSTANCES Commodity code from harmonized tariff schedule emcdonald on DSK67QTVN1PROD with RULES Description of commodity or chemical Class II: HCFC–22 (Chlorodifluoromethane) ...................................................................................................................................... HCFC–123 (Dichlorotrifluoroethane) .................................................................................................................................... HCFC–124 (Monochlorotetrafluoroethane) .......................................................................................................................... HCFC–141b (Dichlorofluoroethane) ..................................................................................................................................... HCFC–142b (Chlorodifluoroethane) ..................................................................................................................................... HCFC–225ca, HCFC–225cb (Dichloropentafluoropropanes) .............................................................................................. HCFC–21, HCFC–31, HCFC–133, and other HCFCs ......................................................................................................... HCFC Mixtures (R–401A, R–402A, etc.) ............................................................................................................................. Class I: CFC–11 (Trichlorofluoromethane) ........................................................................................................................................ CFC–12 (Dichlorodifluoromethane) ...................................................................................................................................... CFC–113 (Trichlorotrifluoroethane) ...................................................................................................................................... VerDate Mar<15>2010 16:11 Mar 25, 2014 Jkt 232001 PO 00000 Frm 00037 Fmt 4700 Sfmt 4700 16687 E:\FR\FM\26MRR1.SGM 26MRR1 2903.71.0000 2903.79.9020 2903.79.9020 2903.73.0000 2903.74.0000 2903.75.0000 2903.79.9070 3824.74.0000 2903.77.0010 2903.77.0050 2903.77.0020 16688 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations Commodity code from harmonized tariff schedule Description of commodity or chemical CFC–114 (Dichlorotetrafluoroethane) .................................................................................................................................. CFC–115 (Monochloropentafluoroethane) ........................................................................................................................... CFC–13, CFC–111, CFC–112, CFC–211, CFC–212, CFC–213, CFC–214, CFC–215, CFC–216, CFC–217, and other CFCs ................................................................................................................................................................................. CFC Mixtures (R–500, R–502, etc.) ..................................................................................................................................... Carbon Tetrachloride ............................................................................................................................................................ Halon 1301 (Bromotrifluoromethane) ................................................................................................................................... Halon, other .......................................................................................................................................................................... Methyl Bromide ..................................................................................................................................................................... Methyl Chloroform ................................................................................................................................................................ [FR Doc. 2014–05818 Filed 3–25–14; 8:45 am] emcdonald on DSK67QTVN1PROD with RULES BILLING CODE 6560–50–P VerDate Mar<15>2010 16:11 Mar 25, 2014 Jkt 232001 PO 00000 Frm 00038 Fmt 4700 Sfmt 9990 E:\FR\FM\26MRR1.SGM 26MRR1 2903.77.0030 2903.77.0040 2903.77.0080 3824.71.0100 2903.14.0000 2903.76.0010 2903.76.0050 2903.39.1520 2903.19.6010

Agencies

[Federal Register Volume 79, Number 58 (Wednesday, March 26, 2014)]
[Rules and Regulations]
[Pages 16680-16688]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-05818]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2013-0600; FRL-9906-75-OAR]
RIN 2060-AR89


Protection of Stratospheric Ozone: Updates to HCFC Trade Language 
as Applied to Article 5 Countries; Ratification Status of Parties to 
the Montreal Protocol; and Harmonized Tariff Schedule Commodity Codes

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing this 
direct final rule to update: Regulations governing trade of HCFCs to 
reflect that HCFC control measures have now taken effect for Parties 
operating under Article 5 of the Montreal Protocol; references to Party 
ratification status; commodity codes for ozone depleting substances to 
address changes made in 2012 by the U.S. International Trade 
Commission; and other minor provisions. We are making these revisions 
to ensure that EPA regulations are consistent with the United States 
obligations under Montreal Protocol and the Clean Air Act, to ensure 
that companies importing ozone-depleting substances refer to accurate 
commodity codes, and to streamline and clarify regulatory content.

DATES: This direct final rule is effective on June 24, 2014 without 
further notice, unless EPA receives adverse comment by April 25, 2014. 
If we receive adverse comment, we will publish a timely withdrawal in 
the Federal Register informing the public that this rule will not take 
effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2013-0600, by one of the following methods:
     www.regulations.gov: Follow the online instructions for 
submitting comments.
     Email: a-and-r-docket@epa.gov.
     Mail: Docket EPA-HQ-OAR-2013-0600, Air and 
Radiation Docket and Information Center, U.S. Environmental Protection 
Agency, Mail code: 6102T, 1200 Pennsylvania Avenue NW., Washington, DC 
20460.
     Hand Delivery: Docket EPA-HQ-OAR-2013-0600 Air 
and Radiation Docket at EPA West, 1301 Constitution Avenue NW., Room 
B108, Mail Code 6102T, Washington, DC 20004. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2013-0600. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or email. If 
you want to submit confidential comments, please send them to the 
individual listed in the FOR FURTHER INFORMATION CONTACT section. The 
www.regulations.gov Web site 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 email comment 
directly to EPA without going through www.regulations.gov, your email 
address will be automatically captured and included as part of the 
comment that is placed in the public 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. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Jeremy Arling by telephone at (202) 
343-9055 or by email at arling.jeremy@epa.gov, or by mail at U.S. 
Environmental Protection Agency, Stratospheric Protection Division, 
Stratospheric Program Implementation Branch (6205J), 1200 Pennsylvania 
Ave. NW., Washington, DC 20460. You may also visit the Ozone Protection 
Web site of EPA's Stratospheric Protection Division at www.epa.gov/ozone/strathome.html for further information about EPA's Stratospheric 
Ozone Protection regulations, the science of ozone layer depletion and 
related topics.

[[Page 16681]]


SUPPLEMENTARY INFORMATION: The Montreal Protocol bans trade with any 
country that has not agreed to be bound by the control measures in 
effect for that substance, unless the country meets certain 
requirements that will be discussed later in this preamble. As of 
January 1, 2013, Parties operating under Article 5 paragraph 1 of the 
Montreal Protocol (Article 5 countries) are subject to a freeze on 
production and consumption of HCFCs. In this action, EPA is bringing 
its stratospheric ozone protection regulations up to date to indicate 
that the existing trade provisions now apply to Article 5 countries. 
This document provides current information on the ratification \1\ 
status of Article 5 countries. This action is necessary to ensure that 
our regulations conform to United States obligations as a Party to the 
Montreal Protocol and with the requirements of Title VI of the Clean 
Air Act.
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    \1\ In this document, we use ``ratification'' to mean the 
deposit of an instrument of ratification, acceptance, or approval.
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    The U.S. International Trade Commission is responsible for 
publishing the Harmonized Tariff Schedule of the United States (HTS). 
The HTS provides the applicable tariff rates and statistical categories 
for all merchandise imported into the United States. It is based on the 
international Harmonized System, the global system of nomenclature that 
is used to describe most world trade in goods. Revisions made in 2012 
affected the commodity codes (also known as HTS codes) for ozone 
depleting substances. This action updates the commodity codes in our 
regulations so that they coincide with the ones currently in effect and 
in use by the U.S. International Trade Commission.
    EPA is publishing this rule without a prior proposed rule because 
we view this as a noncontroversial action and anticipate no adverse 
comment. However, in the ``Proposed Rules'' section of today's Federal 
Register, we are publishing a separate document that will serve as the 
proposed rule for the revisions discussed in this action if adverse 
comments are received on this direct final rule. We will not institute 
a second comment period on this action. Any stakeholders interested in 
commenting must do so at this time. For further information about 
commenting on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely 
withdrawal in the Federal Register informing the public that this 
direct final rule will not take effect. We would address all public 
comments in any subsequent final rule based on the proposed rule.
    Acronyms and Abbreviations. The following acronyms and 
abbreviations are used in this document.

CAA--Clean Air Act
CAAA--Clean Air Act Amendments of 1990
CFC--Chlorofluorocarbon
CFR--Code of Federal Regulations
EPA--Environmental Protection Agency
FR--Federal Register
HCFC--Hydrochlorofluorocarbon
HTS--Harmonized Tariff Schedule
Montreal Protocol--Montreal Protocol on Substances that Deplete the 
Ozone Layer
MOP--Meeting of the Parties
MT--Metric Ton
ODP--Ozone Depletion Potential
ODS--Ozone-Depleting Substance(s)
Party--Nations and regional economic integration organizations that 
have consented to be bound by the Montreal Protocol on Substances 
that Deplete the Ozone Layer

Table of Contents

I. General Information
    A. Does this action apply to me?
    B. What should I consider as I prepare my comments for EPA?
    1. Confidential Business Information (CBI)
    2. Tips for Preparing Your Comments
II. Update to Regulations Concerning HCFC Trade Restrictions for 
Article 5 Countries
    A. What does the Montreal Protocol say about trade restrictions?
    B. What do the Clean Air Act and EPA's regulations say about 
trade restrictions?
    C. Today's Action
III. Remove Appendix C Listing Ratification Status of Parties and 
Remove References to Appendix C
    A. Removing Appendix C to Subpart A of Part 82
    B. Revising Definitions Found in 40 CFR 82.3 Referring to 
Appendix C
    C. Removing References to Appendix C Found in 40 CFR 82.4
    D. Removing References to Appendix C Found in 40 CFR 82.15
    E. Removing References to Appendix C Found in 40 CFR 82.18
IV. Updating Appendix E
V. Updating Commodity Codes for Ozone-Depleting Substances
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. General Information

A. Does this action apply to me?

    This rule will affect the following categories: Industrial Gas 
Manufacturing entities (NAICS code 325120), including fluorinated 
hydrocarbon gas manufacturers and importers; Other Chemical and Allied 
Products Merchant Wholesalers (NAICS code 424690), including chemical 
gases and compressed gases merchant importers; refrigerant reclaimers, 
manufacturers of recovery/recycling equipment; and refrigerant 
recovery/recycling equipment testing organizations, including such 
entities that might import virgin, recovered, or reclaimed gas.
    This list is not intended to be exhaustive, but rather provides a 
guide for readers regarding the types of entities that could 
potentially be regulated by this action. Other types of entities not 
listed in this table could also be affected. To determine whether your 
facility, company, business organization, or other entity is regulated 
by this action, you should carefully examine these regulations. If you 
have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the FOR FURTHER 
INFORMATION CONTACT section.

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

1. Confidential Business Information (CBI)
    Do not submit this information to EPA through www.regulations.gov 
or email. Clearly mark the part or all of the information that you 
claim to be CBI. For CBI information in a disk or CD ROM that you mail 
to EPA, mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
2. Tips for Preparing Your Comments
    When submitting comments, remember to:
     Identify the rulemaking by docket number and other 
identifying

[[Page 16682]]

information (subject heading, Federal Register date, and page number).
     Follow directions--The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives 
and substitute language for your requested changes.
     Describe any assumptions and provide any technical 
information and/or data that you used.
     If you estimate potential costs or burdens, explain how 
you arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
     Provide specific examples to illustrate your concerns, and 
suggest alternatives.
     Explain your views as clearly as possible, avoiding the 
use of profanity or personal threats.
     Make sure to submit your comments by the comment period 
deadline identified.

II. Update to Regulations Concerning HCFC Trade Restrictions for 
Article 5 Countries

A. What does the Montreal Protocol say about trade restrictions?

    The Montreal Protocol on Substances that Deplete the Ozone Layer 
(Montreal Protocol) is the international agreement aimed at reducing 
and eventually eliminating the production and consumption of 
stratospheric ozone-depleting substances (ODS). The United States was 
one of the original signatories to the 1987 Montreal Protocol and the 
United States ratified the Protocol in 1988. Congress then enacted, and 
President George H.W. Bush signed into law, the Clean Air Act 
Amendments of 1990 (CAAA), which included Title VI on Stratospheric 
Ozone Protection, codified as 42 U.S.C. Chapter 85, Subchapter VI, to 
ensure that the United States could satisfy its obligations under the 
Montreal Protocol.
    The 1990 London Amendment to the Montreal Protocol identified HCFCs 
as transitional substances to serve as temporary, lower ozone-depletion 
potential (ODP) substitutes for chlorofluorocarbons (CFCs) and other 
more destructive ODS. The Parties agreed in the 1992 Copenhagen 
Amendment to the Montreal Protocol to phase out HCFCs, beginning with a 
cap on consumption for developed countries (also referred to as Article 
2 countries). Countries operating under Article 5 of the Montreal 
Protocol (also referred to as Article 5 countries or developing 
nations) were entitled to delay instituting control measures for ten 
years. While the 1992 Copenhagen Amendment did not cap HCFC production, 
the Parties did establish a cap on production and added trade 
restrictions through the Beijing Amendment agreed upon in 1999 at the 
11th Meeting of the Parties. The same ten-year delay in instituting 
control measures was applied to Article 5 countries. In 2007, at the 
19th Meeting of the Parties in Montreal, Canada, the Parties agreed to 
more aggressively phase out HCFCs and accelerate the freeze on their 
production and consumption of HCFCs in Article 5 countries by three 
years, such that it would take effect January 1, 2013, instead of 
January 1, 2016.
    Article 4 of the Montreal Protocol governs control of trade with 
non-Parties. Parties to the Beijing Amendment agreed, under paragraphs 
1 quin. and 2 quin. of Article 4 of the Protocol, beginning in January 
1, 2004, to ban HCFC imports from and exports to ``any State not party 
to this Protocol.'' Paragraph 9 of Article 4 of the Protocol indicates 
that the term ``State not party to this Protocol'' shall include, with 
respect to a particular controlled substance, a State or regional 
economic integration organization that has not agreed to be bound by 
the control measures in effect for that substance. Paragraph 8 of 
Article 4 provides an exception to the trade ban if ``that State is 
determined, by a meeting of the Parties, to be in full compliance with 
Article 2, Articles 2A to 2I [the control measures] and this Article, 
and have submitted data to that effect as specified in Article 7.''
    As a result of the acceleration of the HCFC commitments made in 
2007 at the 19th Meeting of the Parties, HCFC control measures came 
into effect for Article 5 countries January 1, 2013. Therefore, under 
Article 4 of the Montreal Protocol, trade is prohibited between any 
Party to the Beijing Amendment and any Article 5 country that has not 
ratified the Beijing Amendment, unless the Article 5 country meets the 
exception contained in Article 4 paragraph 8.\2\ The United States is a 
Party to the Beijing Amendment and therefore must comply with this 
trade prohibition. The purpose of this direct final rule is to update 
the EPA's regulations on trade in HCFCs to reflect their application to 
Article 5 countries.
---------------------------------------------------------------------------

    \2\ Currently, four Article 5 countries have not ratified the 
Beijing Amendment: Kazakhstan, Libya, Mauritania, and Saudi Arabia. 
None of these countries has been determined to be in compliance with 
the Beijing Amendment pursuant to Article 4 paragraph 8.
---------------------------------------------------------------------------

B. What do the Clean Air Act and EPA's Regulations say about trade 
restrictions?

    Section 614(b) of the Clean Air Act, as amended, clarifies and 
confirms the authority and responsibility of the EPA Administrator to 
implement the United States' obligations under the Montreal Protocol, 
specifically addressing the Administrator's authority to implement the 
Protocol's trade provisions. As a conflict of laws provision, section 
614(b) provides in relevant part that in the case of conflict between 
any provision of the Clean Air Act and any provision of the Montreal 
Protocol, the more stringent provision shall govern. In addition, that 
subsection indicates that nothing in Title VI of the Act shall detract 
from the Administrator's authority to implement the Article 4 trade 
restrictions. Thus, section 614(b) implicitly assumes that the agency 
has the authority to implement the trade provisions of the Protocol.
    Implementation of the Protocol's HCFC trade provisions through EPA 
regulations helps safeguard the ozone layer. By preventing trade with 
foreign states that are not party to or do not comply with the HCFC 
control measures, these provisions help prevent HCFC production and 
consumption that does not take place under the Protocol's phaseout 
regime. Ultimately, these trade restrictions under the Protocol 
safeguard against trade undermining the production, consumption, and 
phaseout regime contemplated by both the Clean Air Act and the Montreal 
Protocol.
    To implement the HCFC provisions of the Montreal Protocol, EPA 
established an allowance system to control the U.S. consumption of 
HCFCs and published the implementing regulations in the Federal 
Register on January 21, 2003 (68 FR 2820). The HCFC allowance system is 
part of EPA's Clean Air Act program to phase out ozone-depleting 
substances to protect the stratospheric ozone layer. Protection of the 
stratospheric ozone layer helps reduce rates of skin cancer and 
cataracts, as well as other health and ecological effects. The U.S. is 
obligated under the Montreal Protocol to limit HCFC consumption and 
production to a specific level and, using stepwise reductions, to 
decrease the specific level culminating in a complete HCFC phaseout in 
2030.
    EPA's regulations also include provisions at 40 CFR 82.15(e) to 
implement the ban on trade with countries not Party to the Protocol. 
The EPA adopted section 82.15(e)(3) as currently drafted in 2004, at a 
time when the HCFC control measures for Article 5 countries were still 
well in the

[[Page 16683]]

future. This provision reflected the Parties' 2003 agreement in 
Decision XV/3 that ``State not party to this Protocol'' in Article 4, 
paragraph 9 does not apply to those States operating under Article 5, 
paragraph 1, of the Protocol until January 1, 2016 when, in accordance 
with the Copenhagen and Beijing Amendments, hydrochlorofluorocarbon 
production and consumption control measures will be in effect for 
States that operate under Article 5, paragraph 1, of the Protocol.'' At 
that time, January 1, 2016, was the date on which the first control 
measure for Article 5 countries, a production and consumption freeze, 
was to go into effect. Under the 1997 Montreal Amendment, Article 5 
countries became subject to a consumption and production freeze on 
January 1, 2016 (Art. 5 para. 8 ter). In 2007, the Parties adopted 
Decision XIX/6, which replaced the reference to 2016 in Decision XV/9 
with the new freeze date, 2013.
    The regulatory trade provisions concerning HCFCs are now outdated 
in several respects. Section 82.15(e)(3), which describes the past 
status of Article 5 countries, is now obsolete because Article 5 
countries are currently subject to HCFC control measures. Furthermore, 
section 82.15(e)(2) refers to a specific procedure associated with a 
March 2004 deadline. In addition, the various Appendix C annexes 
referenced in section 82.15(e) have not been updated since 2004.

C. Today's Action

    This rule updates section 82.15(e) to reflect that the trade ban 
applies to Article 5 countries not party to the HCFC control measures 
except to the extent that the Article 5 country is complying with the 
Beijing Amendment as provided in Article 4, paragraph 8 of the Montreal 
Protocol. Because all Parties are now subject to HCFC control measures, 
there is no longer any need to have a separate regulatory provision for 
Article 5 countries. The revised language applies to both Article 5 and 
non-Article 5 countries. In addition, EPA is removing from section 
82.15(e)(2) the reference to a specific process and instead using the 
defined term ``foreign state complying with,'' which is discussed in 
Section III.B of this notice. EPA is also removing the references to 
Appendix C, as discussed in Section III of this notice, and advises 
readers to consult the Ozone Secretariat's Web site for updates 
regarding the status of specific countries.

III. Remove Appendix C Listing Ratification Status of Parties and 
Remove References to Appendix C

    Today's action removes Appendix C of Subpart A, which contains 
lists of Parties to the Montreal Protocol and their ratification 
status, because the information is outdated and in part duplicative of 
other Appendices. This rule also updates several regulatory provisions 
to remove references to Appendix C.

A. Removing Appendix C to Subpart A of Part 82

    This action removes Appendix C to Subpart A of Part 82 in its 
entirety. This appendix contains information on Parties to the Montreal 
Protocol, and nations complying with, but not Parties to, the Protocol. 
It consists of four Annexes: (1) Parties to the Montreal Protocol (as 
of January 29, 2003); (2) Nations Complying with, But Not Parties to, 
the Protocol; (3) Nations that are Parties to the Montreal Protocol 
that have not yet Ratified all applicable Amendments to the Protocol 
but have Notified the Ozone Secretariat and Properly Submitted 
Supporting Documentation in Accordance with the Requirements of 
Decision XV/3; and (4) Nations That Are Parties to the Montreal 
Protocol and Are Operating Under Article 5(1).
    Annex 1 contains a detailed matrix that lists Parties to the 
Montreal Protocol along with information on whether they had ratified 
specific amendments as of January 29, 2003. For updates to ratification 
status, Annex 1 currently refers to the Montreal Protocol Ozone 
Secretariat's Web site at: https://www.unep.org/ozone/ratif.shtml. EPA 
is no longer going to attempt to maintain the ratification status of 
Parties to the Protocol in our regulations. Ratification status can 
easily become outdated and updates to the regulations to reflect such 
changes are resource intensive and may be untimely. Furthermore, the 
public is increasingly relying on the Internet to find information. EPA 
believes that pointing readers to the Ozone Secretariat's Web site and 
removing Annex 1 of Appendix C will ensure that the public is using the 
most accurate and current information.
    Annex 2 currently contains no information, but rather, is reserved 
to capture any and all ``Nations Complying with, But Not Party to, the 
Protocol.'' The same rationale for removing Annex 1 applies to Annex 2. 
This rule removes Annex 2 and updates our regulations to advise readers 
to consult the Ozone Secretariat's Web site for Parties' ratification 
status as well as identification of any country that is in compliance 
with, but not party to, the Montreal Protocol.
    Annex 3 contains a matrix detailing information that has become 
obsolete. Specifically, Annex 3 details information regarding any State 
not operating under Article 5, that at the time of publication, had not 
ratified the Copenhagen and/or the Beijing Amendment, but had followed 
procedures set forth in Decision XV/3 to implement the exception in 
Article 4, Paragraph 8. As explained above, EPA has decided against 
attempting to maintain current ratification or compliance status in our 
regulations. For this reason, this rule removes Annex 3 of Subpart A of 
Part 82.
    Annex 4 contains a list of countries operating under Article 5 of 
the Montreal Protocol. Appendix E of Subpart A also lists Article 5 
countries and EPA sees no reason to maintain both. Therefore, this rule 
removes Annex 4 of Appendix C and updates Appendix E.

B. Revising Definitions Found in 40 CFR 82.3 Referring to Appendix C

    Section 82.3 contains definitions for Subpart A. Several of those 
definitions contain references to Appendix C. EPA is amending those 
definitions by removing those references and advising readers to 
consult the Ozone Secretariat's Web site. This rule also updates those 
definitions, as necessary, to include references to the Beijing 
Amendment.
    Foreign state complying with. EPA is adding a definition for 
``Foreign state complying with.'' This replaces the definition of 
``Complying with the Protocol,'' which is being removed from the list 
of definitions. The new definition uses phrasing more consistent with 
the existing definition of ``Foreign state not Party to or Non-Party.'' 
This new definition is similar to the old definition of ``Complying 
with the Protocol'' but adds a reference to the Beijing Amendment and 
removes the reference to appendix C.
    Complying with the Protocol. As mentioned above, EPA is removing 
this definition from section 82.3.
    Nations complying with, but not joining, the Protocol. This 
definition is simply a reference to Appendix C, annex 2. EPA is 
therefore removing this definition.
    Foreign state not Party to or Non-Party. This rule adds the Beijing 
Amendment to the list of amendments referenced in this definition.
    Party. EPA is revising this definition to remove the reference to 
Appendix C and to advise readers to consult the

[[Page 16684]]

Ozone Secretariat's Web site for ratification status. EPA is also 
revising the wording to be consistent with the wording for the 
definition of ``Foreign state not Party to or Non-Party.''

C. Removing References to Appendix C Found in 40 CFR 82.4

    Section 82.4 contains prohibitions for class I controlled 
substances. Several of the class I prohibitions refer to Annex 1 of 
Appendix C (Parties to the Montreal Protocol) and Annex 2 of Appendix C 
(Nations complying with, but not Party to the Protocol). Generally, the 
class I regulations prohibit trade of class I controlled substances 
with foreign states unless that foreign state is a Party to the 
relevant control measures (as noted in Appendix C, Annex 1) or has been 
found in compliance with them (as noted in Appendix C, Annex 2). The 
ratification status listed in Annex 1 of Appendix C is outdated. 
Furthermore, there are no Parties listed in Annex 2 of Appendix C. 
While class I ozone-depleting substances are completely phased out and 
production and import are allowed only under limited exceptions, EPA 
does not want to maintain references to Appendix C when that Appendix 
is being removed in today's action.
    EPA is revising section 82.4(l) paragraphs (1) through (6) to 
remove the references to Appendix C and to advise readers to consult 
the Ozone Secretariat's Web site.

D. Removing References to Appendix C Found in 40 CFR 82.15

    Section 82.15 contains prohibitions for class II controlled 
substances. Certain provisions in section 82.15 refer to Appendix C. As 
explained above, Appendix C is being removed through this action.
    EPA is revising section 82.15(c) ``Production with Article 5 
Allowances'' to change the reference therein from ``Annex 4 of Appendix 
C'' to ``Appendix E.'' As revised through this action, Appendix E 
contains the current list of Article 5 Parties and advises readers to 
consult the Ozone Secretariat's Web site for updates.
    Section 82.15(e)(1), (2), and (3), which are provisions related to 
trade with foreign states, refer to Appendix C. This rule revises the 
section 82.15(e) trade provisions for the reasons discussed in Section 
II. EPA notes here that this revision also removes the references to 
Appendix C.

E. Removing References to Appendix C Found in 40 CFR 82.18

    Section 82.18(a) apportions Article 5 allowances for class II 
substances. Today's action removes the references in that section to 
Annex 4 of Appendix C and replaces them with references to Appendix E.
    Section 82.18(c) addresses ``International trades of production 
allowances, export production allowances and Article 5 allowances.'' 
Today's action revises section 82.18(c)(1) to conform to the changes 
being made to section 82.15(e) concerning trades with parties. In part, 
the revision removes references to Appendix C. In addition, EPA is 
removing obsolete references to Appendix L. Appendix L currently 
relates only to approved critical uses of methyl bromide and has no 
relationship to international trades.

IV. Updating Appendix E

    Appendix E contains a list of countries operating under Article 5 
of the Montreal Protocol. EPA last updated this appendix on December 
15, 2009. South Sudan become a Party to the Protocol in January 2012 
and ratified all four amendments in October 2012. South Sudan is listed 
on the Ozone Secretariat's Web site as having a temporary 
categorization as an Article 5 country pending submission of ODS 
consumption data. EPA is adding it to Appendix E with a footnote 
indicating this contingency. Per Decision XXV/16, Croatia has changed 
its status under the Montreal Protocol and is no longer an Article 5 
country. Therefore, today's action removes Croatia from Appendix E. 
Other minor updates to Appendix E include referring to Bolivia as 
``Bolivia (Plurinational State of)'', Moldova as ``Moldova (Republic 
of)'', Libya as ``Libya'' as opposed to Libya (Arab Jamahiriya) and 
Venezuela as ``Venezuela (Bolivarian Republic of).'' These changes 
harmonize Appendix E with the list available on the Ozone Secretariat's 
Web site. While a valuable reference, the list in Appendix E can become 
outdated as changes occur to the list maintained by the Ozone 
Secretariat. Therefore, in addition to updating the list, today's 
action revises Appendix E to advise readers to consult the Ozone 
Secretariat's Web site for updates: https://ozone.unep.org/new_site/en/parties_under_article5_para1.php.

V. Updating Commodity Codes for Ozone-Depleting Substances

    The international Harmonized System, administered by the World 
Customs Organization, is the global system of nomenclature that is used 
to describe most world trade in goods. The U.S. International Trade 
Commission is responsible for publishing the Harmonized Tariff Schedule 
of the United States Annotated (HTS).\3\ The HTS provides the 
applicable tariff rates and statistical categories for all merchandise 
imported into the United States.
---------------------------------------------------------------------------

    \3\ The most recent version of the Harmonized Tariff Schedule of 
the United States Annotated can be found at: https://www.usitc.gov/tata/hts/index.htm.
---------------------------------------------------------------------------

    In 1998, EPA began requiring that importers of controlled 
substances use specific HTS codes listed in Appendix K of subpart A to 
40 CFR part 82 (63 FR 41638, August 4, 1998). For class II substances, 
the relevant reporting and recordkeeping requirements appear at 
sections 82.24(c)(1)(iii) and 82.24(c)(2)(viii), respectively. U.S. 
Customs and Border Protection regulations require importers to properly 
identify the contents of a shipment, including the use of a proper 
commodity code from the HTS. EPA's rationale for requiring importers of 
ODS to include specific commodity codes in their part 82 recordkeeping 
and reporting was to improve compliance with stratospheric ozone 
protection regulations. EPA is able to crosscheck and monitor the entry 
data collected by Customs and compare it to the import data reported to 
EPA. Proper use of commodity codes from the current HTS continues to be 
important for EPA to monitor compliance.
    Revisions made in 2012 affected the commodity codes for ozone 
depleting substances, which are found in Chapter 29 of the HTS. A 
Change Record listing the changes made in 2012 is available in the 
docket. Today's action revises the commodity codes for ODS in Appendix 
K of Subpart A to reflect the relevant changes to the HTS. EPA is also 
taking this opportunity to organize the list of ODS by class I and 
class II for ease of reference.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is 
therefore not subject to review under Executive Orders 12866 and 13563 
(76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This action does not impose any new information collection burden. 
EPA already requires recordkeeping and reporting for ozone-depleting 
substances

[[Page 16685]]

and this action does not amend those provisions. The Office of 
Management and Budget (OMB) has previously approved the information 
collection requirements contained in the existing regulations at 40 CFR 
part 82, subpart A under the provisions of the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-0498. 
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.
    We have considered the economic impacts of this rule on small 
entities. For purposes of assessing the impacts of this rule on small 
entities, a small entity is defined as: (1) A small business that is 
primarily engaged in industrial gas manufacturing as defined by NAICS 
codes 325120 with fewer than 1000 employees or engaged in wholesale of 
those gases as defined by NAICS codes 424620 with fewer than 100 
employees; (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 final rule on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. The only 
provision of today's rule that has the potential to affect small 
entities is the update to the HCFC trade ban prohibiting the import or 
export of HCFCs to three countries. Based on data reported to EPA, 
there are fewer than half a dozen companies that have exported to these 
countries in the last few years and none are small businesses.
    Although this direct final rule will not have a significant 
economic impact on a substantial number of small entities, EPA 
nonetheless has tried to reduce the impact of this rule on small 
entities. In 2013 and 2014, EPA sent a letter to all importers and 
exporters notifying them of the trade ban provisions in the Montreal 
Protocol.

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of 
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C. 
1531-1538 for State, local, or tribal governments or the private 
sector. UMRA does not apply to rules that are necessary for the 
national security or the ratification or implementation of 
international treaty obligations. This rule updates the regulations to 
reflect the provisions of the Montreal Protocol related to trade with 
non-Parties. Other changes in this rule are to improve the accuracy and 
consistency of the regulations and have no to little impact on the 
regulated community. Therefore, this action is not subject to the 
requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203 
of UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. Potentially 
affected entities are not government entities but rather producers, 
importers, and exporters of HCFCs.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It does 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. Potentially affected entities are 
not government entities but rather producers, importers, and exporters 
of HCFCs. Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have tribal implications, as specified in 
Executive Order 13175 (65 FR 67249, November 9, 2000). This action does 
not significantly or uniquely affect the communities of Indian tribal 
governments. It does not impose any enforceable duties on communities 
of Indian tribal governments. Thus, Executive Order 13175 does not 
apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

    EPA interprets E.O. 13045 (62 FR 19885, April 23, 1997) as applying 
only to those regulatory actions that concern health or safety risks, 
such that the analysis required under section 5-501 of the E.O. has the 
potential to influence the regulation. This action is not subject to 
E.O. 13045 because it implements specific trade provisions already 
agreed upon and in effect under an international treaty.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not subject to Executive Order 13211 (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 104-113, 12(d) (15 U.S.C. 272 note) 
directs EPA to use voluntary consensus standards in its 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 action 
does not involve technical standards. Therefore, EPA did not consider 
the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order (E.O.) 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 U.S.
    EPA has determined that this action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it increases the 
level of environmental

[[Page 16686]]

protection for all affected populations without having any 
disproportionately high and adverse human health or environmental 
effects on any population, including any minority or low-income 
population. This action updates regulatory provisions related to the 
HCFC trade ban: The effect is to prohibit export of HCFCs to a small 
list of countries that are not Party to the Beijing Amendment to the 
Montreal Protocol.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A Major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective June 24, 2014.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Exports, Hydrochlorofluorocarbons, 
Imports.

    Dated: March 7, 2014.
Gina McCarthy,
Administrator.
    For the reasons stated in the preamble, 40 CFR part 82 is amended 
as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671- 7671q.


0
2. Amend Sec.  82.3 by:
0
a. Removing the definition of ``Complying with the Protocol'';
0
b. Adding the definition of ``Foreign state complying with'';
0
c. Revising the definition of ``Foreign state not Party to or Non-
Party'';
0
d. Removing the definition of ``Nations complying with, but not 
joining, the Protocol''; and
0
e. Revising the definition of ``Party'';
    The revised and added text reads as follows:


Sec.  82.3  Definitions for class I and class II controlled substances.

* * * * *
    Foreign state complying with, when referring to a foreign state not 
Party to the 1987 Montreal Protocol, the London Amendment, the 
Copenhagen Amendment, or the Beijing Amendment, means any foreign state 
that has been determined to be complying with the 1987 Montreal 
Protocol or the specified amendments by a Meeting of the Parties.
    Foreign state not Party to or Non-Party means a foreign state that 
has not deposited instruments of ratification, acceptance, or other 
form of approval with the Directorate of the United Nations 
Secretariat, evidencing the foreign state's ratification of the 
provisions of the 1987 Montreal Protocol, the London Amendment, the 
Copenhagen Amendment, or the Beijing Amendment, as specified.
* * * * *
    Party means a foreign state that has deposited instruments of 
ratification, acceptance, or other form of approval with the 
Directorate of the United Nations Secretariat, evidencing the foreign 
state's ratification of the provisions of the 1987 Montreal Protocol, 
the London Amendment, the Copenhagen Amendment, or the Beijing 
Amendment, as specified. (For ratification status, see: https://ozone.unep.org/new_site/en/treaty_ratification_status.php.)
* * * * *

0
3. Amend Sec.  82.4 by revising paragraphs (l)(1) through (6) to read 
as follows:


Sec.  82.4  Prohibitions for class I controlled substances.

* * * * *
    (l) Every kilogram of a controlled substance, and every controlled 
product, imported or exported in contravention of this subpart 
constitutes a separate violation of this subpart. No person may:
    (1) Import or export any quantity of a controlled substance listed 
in class I, Group I or Group II, in appendix A to this subpart from or 
to any foreign state not Party to the 1987 Montreal Protocol unless 
that foreign state is complying with the 1987 Montreal Protocol (For 
ratification status, see: https://ozone.unep.org/new_site/en/treaty_ratification_status.php);
    (2) Import or export any quantity of a controlled substance listed 
in class I, Group III, Group IV, or Group V, in appendix A to this 
subpart, from or to any foreign state not Party to the London 
Amendment, unless that foreign state is complying with the London 
Amendment (For ratification status, see: https://ozone.unep.org/new_site/en/treaty_ratification_status.php); or
    (3) Import a controlled product, as noted in appendix D, annex 1 to 
this subpart, from any foreign state not Party to the 1987 Montreal 
Protocol, unless that foreign state is complying with the 1987 Montreal 
Protocol (For ratification status, see: https://ozone.unep.org/new_site/en/treaty_ratification_status.php).
    (4) Import or export any quantity of a controlled substance listed 
in class I, Group VII, in appendix A to this subpart, from or to any 
foreign state not Party to the Copenhagen Amendment, unless that 
foreign state is complying with the Copenhagen Amendment (For 
ratification status, see: https://ozone.unep.org/new_site/en/treaty_ratification_status.php).
    (5) Import or export any quantity of a controlled substance listed 
in class I, Group VI, in appendix A to this subpart, from or to any 
foreign state not Party to the Copenhagen Amendment unless that foreign 
state is complying with the Copenhagen Amendment (For ratification 
status, see: https://ozone.unep.org/new_site/en/treaty_ratification_status.php).
    (6) Import or export any quantity of a controlled substance listed 
in class I, Group VIII, in appendix A to this subpart, from or to any 
foreign state not Party to the Beijing Amendment, unless that foreign 
state is complying with the Beijing Amendment (For ratification status, 
see: https://ozone.unep.org/new_site/en/treaty_ratification_status.php).
* * * * *

0
4. Amend Sec.  82.15 by revising paragraphs (c), (e)(1), and (e)(2), 
and removing paragraph (e)(3) to read as follows:


Sec.  82.15  Prohibitions for class II controlled substances.

* * * * *
    (c) Production with Article 5 allowances. No person may introduce 
into U.S. interstate commerce any class II controlled substance 
produced with Article 5 allowances, except for export to an Article 5 
Party as listed in Appendix E of this subpart. Every kilogram of a 
class II controlled substance produced with Article 5 allowances that 
is introduced into interstate commerce other than for export to an 
Article 5 Party constitutes a separate violation under this subpart. No 
person may export any class II controlled substance produced with 
Article 5 allowances to a non-Article 5 Party. Every kilogram of a 
class II controlled substance that was produced with Article 5 
allowances that is

[[Page 16687]]

exported to a non-Article 5 Party constitutes a separate violation 
under this subpart.
* * * * *
    (e) * * *
    (1) A Party to the Beijing Amendment. As of March 14, 2014, the 
following foreign states had not ratified the Beijing Amendment: 
Kazakhstan, Libya, and Mauritania. For updates on ratification status, 
see the Ozone Secretariat's Web site at: https://ozone.unep.org/new_site/en/treaty_ratification_status.php. Or,
    (2) A foreign state not party to the Beijing Amendment that is 
complying with the Beijing Amendment as defined in this subpart.
* * * * *

0
5. Amend Sec.  82.18 by revising paragraphs (a) and (c)(1) to read as 
follows:


Sec.  82.18  Availability of production in addition to baseline 
production allowances for class II controlled substances.

    (a) Article 5 allowances. (1) Effective January 1, 2003, a person 
apportioned baseline production allowances for HCFC-141b, HCFC-22, or 
HCFC-142b under Sec.  82.17 is also apportioned Article 5 allowances, 
equal to 15 percent of their baseline production allowances, for the 
specified HCFC for each control period up until December 31, 2009, to 
be used for the production of the specified HCFC for export only to 
foreign states listed in Appendix E to this subpart.
    (2) Effective January 1, 2010, a person apportioned baseline 
production allowances under Sec.  82.17 for HCFC-141b, HCFC-22, or 
HCFC-142b is also apportioned Article 5 allowances, equal to 10 percent 
of their baseline production allowances, for the specified HCFC for 
each control period up until December 31, 2019, to be used for the 
production of the specified HCFC for export only to foreign states 
listed in Appendix E to this subpart.
    (3) Effective January 1, 2015, a person apportioned baseline 
production allowances under Sec.  82.17 for HCFC-123, HCFC-124, HCFC-
225ca, and HCFC-225cb is also apportioned Article 5 allowances, equal 
to 10 percent of their baseline production allowances, for the 
specified HCFC for each control period up until December 31, 2019, to 
be used for the production of the specified HCFC for export only to 
foreign states listed in Appendix E to this subpart.
* * * * *
    (c) * * * (1) A person may increase or decrease their production 
allowances, export production allowances, or Article 5 allowances, for 
a specified control period through trades with a foreign state that is 
Party to the Beijing Amendment or is complying with the Beijing 
Amendment as defined in this subpart. The foreign state must agree 
either to trade to the person for the current control period some 
quantity of production that the foreign state is permitted under the 
Montreal Protocol or to receive from the person for the current control 
period some quantity of production that the person is permitted under 
this subpart. The person must expend their consumption allowances 
allocated under Sec.  82.19, or obtained under Sec.  82.20 in order to 
produce with the additional production allowances.
* * * * *

Appendix C to Subpart A of Part 82--Parties to the Montreal Protocol, 
and Nations Complying With, But Not Parties to, the Protocol--[Removed 
and Reserved]

0
6. Remove and reserve Appendix C to Subpart A of Part 82.

0
7. Revise Appendix E to Subpart A of Part 82 to read as follows:

APPENDIX E TO SUBPART A OF PART 82--ARTICLE 5 PARTIES

    Parties operating under Article 5 of the Montreal Protocol as of 
March 26, 2014 are listed below. An updated list can be located at: 
https://ozone.unep.org/new_site/en/parties_under_article5_para1.php.
    Afghanistan, Albania, Algeria, Angola, Antigua & Barbuda, 
Argentina, Armenia, Bahamas, Bahrain, Bangladesh, Barbados, Belize, 
Benin, Bhutan, Bolivia (Plurinational State of), Bosnia and 
Herzegovina, Botswana, Brazil, Brunei Darussalam, Burkina Faso, 
Burundi, Cambodia, Cameroon, Cape Verde, Central African Republic, 
Chad, Chile, China, Colombia, Comoros, Congo, Congo (Democratic 
Republic of), Cook Islands, Cost Rica, C[ocirc]te d'Ivoire, Cuba, 
Djibouti, Dominica, Dominican Republic, Ecuador, Egypt, El Salvador, 
Equatorial Guinea, Eritrea, Ethiopia, Fiji, Gabon, Gambia, Georgia, 
Ghana, Grenada, Guatemala, Guinea, Guinea Bissau, Guyana, Haiti, 
Honduras, India, Indonesia, Iran (Islamic Republic of), Iraq, 
Jamaica, Jordan, Kenya, Kiribati, Korea (Democratic People's 
Republic of), Korea (Republic of), Kuwait, Kyrgyzstan, Lao (People's 
Democratic Republic), Lebanon, Lesotho, Liberia, Libya, Madagascar, 
Malawi, Malaysia, Maldives, Mali, Marshall Islands Mauritania, 
Mauritius, Mexico, Micronesia (Federal States of), Moldova (Republic 
of), Mongolia, Montenegro, Morocco, Mozambique, Myanmar, Namibia, 
Nauru, Nepal, Nicaragua, Niger, Nigeria, Niue, Oman, Pakistan, 
Palau, Panama, Papua New Guinea, Paraguay, Peru, Philippines, Qatar, 
Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent & the 
Grenadines, Samoa, Sao Tome and Principe, Saudi Arabia, Senegal, 
Serbia, Seychelles, Sierra Leone, Singapore, Solomon Islands, 
Somalia, South Africa, South Sudan*, Sri Lanka, Sudan, Suriname, 
Swaziland, Syrian Arab Republic, Tanzania (United Republic of), 
Thailand, The Former Yugoslav Republic of Macedonia, Timor-Leste, 
Togo, Tonga, Trinidad and Tobago, Tunisia, Turkey, Turkmenistan, 
Tuvalu, Uganda, United Arab Emirates, Uruguay, Vanuatu, Venezuela 
(Bolivarian Republic of), Viet Nam, Yemen, Zambia, Zimbabwe.
* temporarily categorized as Article 5 pending submission of ODS 
consumption data


0
8. Revise Appendix K to Subpart A of Part 82 to read as follows:

APPENDIX K TO SUBPART A OF PART 82--COMMODITY CODES FROM THE HARMONIZED 
TARIFF SCHEDULE FOR CONTROLLED SUBSTANCES AND USED CONTROLLED 
SUBSTANCES

------------------------------------------------------------------------
                                                        Commodity code
        Description of commodity or chemical            from harmonized
                                                        tariff schedule
------------------------------------------------------------------------
Class II:
    HCFC-22 (Chlorodifluoromethane).................        2903.71.0000
    HCFC-123 (Dichlorotrifluoroethane)..............        2903.79.9020
    HCFC-124 (Monochlorotetrafluoroethane)..........        2903.79.9020
    HCFC-141b (Dichlorofluoroethane)................        2903.73.0000
    HCFC-142b (Chlorodifluoroethane)................        2903.74.0000
    HCFC-225ca, HCFC-225cb                                  2903.75.0000
     (Dichloropentafluoropropanes)..................
    HCFC-21, HCFC-31, HCFC-133, and other HCFCs.....        2903.79.9070
    HCFC Mixtures (R-401A, R-402A, etc.)............        3824.74.0000
Class I:
    CFC-11 (Trichlorofluoromethane).................        2903.77.0010
    CFC-12 (Dichlorodifluoromethane)................        2903.77.0050
    CFC-113 (Trichlorotrifluoroethane)..............        2903.77.0020

[[Page 16688]]

 
    CFC-114 (Dichlorotetrafluoroethane).............        2903.77.0030
    CFC-115 (Monochloropentafluoroethane)...........        2903.77.0040
    CFC-13, CFC-111, CFC-112, CFC-211, CFC-212, CFC-        2903.77.0080
     213, CFC-214, CFC-215, CFC-216, CFC-217, and
     other CFCs.....................................
    CFC Mixtures (R-500, R-502, etc.)...............        3824.71.0100
    Carbon Tetrachloride............................        2903.14.0000
    Halon 1301 (Bromotrifluoromethane)..............        2903.76.0010
    Halon, other....................................        2903.76.0050
    Methyl Bromide..................................        2903.39.1520
    Methyl Chloroform...............................        2903.19.6010
------------------------------------------------------------------------

[FR Doc. 2014-05818 Filed 3-25-14; 8:45 am]
BILLING CODE 6560-50-P
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