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]
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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:
■
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(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]
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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:
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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.
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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
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SUPPLEMENTARY INFORMATION:
1 In this document, we use ‘‘ratification’’ to mean
the deposit of an instrument of ratification,
acceptance, or approval.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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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
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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
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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.’’
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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.
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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
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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.
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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.
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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
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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
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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
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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:
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■
■
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§ 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
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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
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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
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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) ......................................................................................................................................
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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations
Commodity code
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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 ................................................................................................................................................................
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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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\1\ In this document, we use ``ratification'' to mean the
deposit of an instrument of ratification, acceptance, or approval.
---------------------------------------------------------------------------
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