G/TBT/N/USA/1809  
8 December 2021  
(21-9194) Page: 1/2 
Committee on Technical Barriers to Trade  Original:  English  
 
  
NOTIFICATION  
The following notification is being circulated in accordance with Article 10.6  
 
1. Notifying Member:  UNITED STATES OF AMERICA   
If applicable, name of local government involved (Article 3.2 and 7.2):   
2. Agency responsible:  Environmental Protection Agency (EPA) [1838]  
Name and address (including telephone and fax numbers , email and website 
addresses, if available) of agency or authority designated to handle comments 
regarding the notification shall be indicated i f different from above:   
Please submit comments to: USA WTO TBT Enquiry Point, Email: usatbtep@nist.gov  
3. Notified under Article 2.9.2 [X], 2.10.1 [   ], 5.6.2 [   ], 5.7.1 [   ], other :  
4. Products covered (HS or CCCN where applicable, otherwise national tariff 
heading. ICS numbers may be provided in addition, where applicable):  
Refrigerant HFO -1234yf; Environmental protection (ICS 13.020), Air quality (ICS 
13.040), Refrigerants and antifreezes (ICS 71.100.45)  
5. Title, number of pages and language(s) of the notified document:  Protection of 
Stratospheric Ozone: Listing of HFO -1234yf Under the Significant New Alternatives Policy 
Program for Motor Vehicle Air Conditioning in Nonroad Vehicles and Servicing Fittings  for 
Small Refrigerant Cans (21 page(s), in English)  
6. Description of content:  Proposed rule - Pursuant to the EPA's Significant New 
Alternatives Policy  program, this action proposes to list the refrigerant 2,3,3,3 -
tetrafluoroprop -1-ene, also known as HF O-1234yf or R -1234yf, as  acceptable, subject to 
use conditions, in the motor vehicle air  conditioning end -use for certain types of newly 
manufactured nonroad  (also called off -road) vehicles, which includes some vehicles that 
are also considered heavy -duty vehicles. EPA is also proposing to adopt the  current 
versions of the industry safety standards SAE J639, SAE J1739,  and SAE J2844 by 
incorporating them by reference into the use  conditions for the proposed listings in 
nonroad vehicles and previous  listings  for certain onroad vehicles covered in final rules 
issued  separately in March 2011  [final rule was not notified, however earlier actions were 
notified under t he symbol G/TBT/N/USA/220 , and the Docket Folder is available on 
Regulations.gov  at https://www.regulations.gov/docket/EPA -HQ-OAR-2008-
0664/document ] and December 2016 [notified in G/TBT/N/USA/1105/Add.2 , Docket 
Folder available at https://www.regulations.gov/docket/EPA -HQ-OAR-2015-
0663/document ].  In addition, EPA is  proposing to require unique servicing fittings for use 
with small  refrigerant cans (two pounds or less) of 2,3,3,3 -tetrafluoroprop -1-ene that are 
used to service onroad and nonroad vehicles. Finally, EPA is  proposing to add  a reference 
to the Agency's regulations under the  Toxic Substances Control Act for 2,3,3,3 -
tetrafluoroprop -1-ene for the  proposed listings in nonroad vehicles and previous listings 
for certain  onroad vehicles. Aside from the changes proposed in this actio n, the  Agency 
is not reopening for comment other portions of the March 2011  and December 2016 final 
rules.  G/TBT/N/USA/1809  
 
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  7. Objective and rationale, including the nature of urgent problems where 
applicable:  Protection of the environment  
8. Relevant documents:   
86 Federal Register (FR) 68962, 6 December 2021; Title 40 Code of Federal Regulations 
(CFR) Part 82:    
https://www.govinfo.gov/content/pkg/FR -2021-12-06/html/2021 -25440.htm  
https://www.govinfo.gov/content/pkg/FR -2021-12-06/pdf/2021 -25440.pdf  
This proposed rule i s identified by Docket Number EPA -HQ-OAR-2021-0347. The Docket 
Folder is available on Regulations.gov at https://www.regulations.gov/docket/EPA -HQ-
OAR-2021-0347/do cument  and provides access to primary and supporting documents as 
well as comments received. Documents are also accessible from Regulations.gov  by 
searching the Docket Number. WTO Members and their stakeholders a re asked to submit 
comments to the  USA TBT Enquiry Point  by or before 4 p.m. Eastern Time  on 20 January 
2022. Comments received by the USA TBT Enquiry Point from WTO Members and their 
stakeholders will be shared wit h the regulator and will also be submitted to the  Docket  on 
Regulations.gov if received within the comment period.  
Any party requesting a public hearing must noti fy by 5 p.m. Eastern Time on 13 December 
2021 the contact listed under the section in the draft text  "FOR FURTHER INFORMATION 
CONTACT". If a virtual public he aring is held, it will take place on or before 21 December 
2021 and further information will be provided on EPA's Stratospheric Ozone website at 
www.epa.gov/ozone/snap . 
9. Proposed date of adoption:  To be determined  
Proposed date of entry into force:  To be determined  
10. Final date for comments:  20 January 2022; Comments must be received on or before 
20 January 2022. WTO Members and their stakeholders are asked to submit comments 
to the USA TBT Enquiry Point by or before 4 p.m. Eastern Time on 20 January 2022. 
Comments received by the USA TBT Enq uiry Point from WTO Members and their 
stakeholders will be shared with the regulator and will also be submitted to the Docket 
on Regulations.gov if received within the comment period.  
11. Texts available from:  National enquiry point [ ] or address, telephone and fax 
numbers and email and website addresses, if available , of other body:   
https://members.wto.org/crnattachments/2021/TBT/USA/21_7600_00_e.pdf