61180 Federal Register / Vol. 82, No. 247 / Wednesday, December 27, 2017 / Rules and Regulations 
§ 52.220a Identification of plan—in part. 
* * * * * (c) * * * 
TABLE 1—EPA-A PPROVED STATUTES AND STATE REGULATIONS1 
State citation Title/subject State effective date EPA approval date Additional explanation 
*******  
2485, subsections (c)(1)(A), 
(c)(1)(B) only.Airborne Toxic Control 
Measure to Limit Diesel- 
Fueled Commercial Motor Vehicle Idling.November 15, 2006 .. [Insert Federal Register ci-
tation], December 27, 2017.Submitted December 9, 
2011. Limits diesel vehi-cle idling to 5 minutes. 
*******  
1Table 1 lists EPA-approved California statutes and regulations incorporated by reference in the applicable SIP. Table 2 of paragraph (c) lists 
approved California test procedures, test methods and specifications that are cited in certain regulations listed in Table 1. Approved California 
statutes that are nonregulatory or quasi-regulatory are listed in paragraph (e). 
* * * * * 
[FR Doc. 2017–27818 Filed 12–26–17; 8:45 am] 
BILLING CODE 6560–50–P 
ENVIRONMENTAL PROTECTION 
AGENCY 
40 CFR Part 82 
[EPA–HQ–OAR–2017–0213; FRL–9972–48– 
OAR] 
RIN 2060–AT43 
Protection of Stratospheric Ozone: 
Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant 
AGENCY : Environmental Protection 
Agency (EPA). 
ACTION : Final rule. 
SUMMARY : On September 28, 2017, the 
Environmental Protection Agency (EPA) published a direct final rule and an accompanying notice of proposed rulemaking entitled ‘‘Protection of Stratospheric Ozone: Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant.’’ Because EPA received adverse comment, EPA is withdrawing the direct final rule through a separate notice. In this action, EPA is finalizing its proposal to correct the editing oversight that led to a potential conflict in a prior rulemaking as to whether or not containers holding two pounds or less of non-exempt substitute refrigerants for use in motor vehicle air conditioning that are not equipped with a self-sealing valve can be sold to persons that are not certified technicians, provided those small cans were manufactured or imported prior to January 1, 2018. This action clarifies that those small cans manufactured or imported prior to January 1, 2018 may continue to be sold to persons that are not certified as technicians under sections 608 or 609 of the Clean Air Act. DATES : This final rule is effective 
December 27, 2017. 
ADDRESSES : The EPA has established a 
docket for this action under Docket ID 
No. EPA–HQ–OAR–2017–0213. All documents in the docket are listed on the http://www.regulations.gov website. 
Although listed in the index, some information may not be publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through http://www.regulations.gov. 
FOR FURTHER INFORMATION CONTACT : Sara 
Kemme by regular mail: U.S. Environmental Protection Agency, Stratospheric Protection Division (6205T), 1200 Pennsylvania Avenue 
NW, Washington, DC 20460; by telephone: (202) 566–0511; or by email: kemme.sara@epa.gov. 
SUPPLEMENTARY INFORMATION : 
I. General Information 
A. What action is the Agency taking? 
On September 28, 2017, EPA 
published a Direct Final Rule (82 FR 
45202) to make a minor change to resolve a potential conflict in regulatory text at 40 CFR 82.154(c)(1)(x) to ensure that it conforms to the EPA’s intention. We stated in that direct final rule that if we received adverse comment by October 30, 2017, we would publish a timely withdrawal in the Federal Register so that the direct final rule 
would not take effect. EPA received adverse comment on that direct final rule by October 30, 2017 and is publishing a separate notice withdrawing that direct final rule. 
To accompany the direct final rule, 
EPA also published a Notice of Proposed Rulemaking on September 28, 2017 entitled ‘‘Protection of 
Stratospheric Ozone: Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant’’ (82 FR 45253). That notice proposed to make 
the same change in the regulatory text as in the direct final rule. This action addresses the relevant comments received and finalizes the revisions in the proposal. 
B. Does this action apply to me? 
Categories and entities potentially 
affected by this action include entities 
that distribute or sell small cans of refrigerant for use in motor vehicle air conditioning (MVAC) systems. Regulated entities include, but are not limited to, importers, manufacturers, and distributors of small cans of refrigerant (NAICS codes 325120, 441310, 447110) such as automotive parts and accessories stores and industrial gas manufacturers. This list is not intended to be exhaustive, but rather to provide a guide for readers regarding entities likely to be regulated by this action. To determine whether your facility, company, business, or organization could be regulated by this action, you should carefully examine the regulations at 40 CFR part 82, subpart F. 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. 
C. Judicial Review 
Under CAA section 307(b)(1), judicial 
review of this final action is available only by filing a petition for review in the U.S. Court of Appeals for the District of Columbia Circuit by February 26, 2018. This final action is a nationally applicable regulation and has nationwide scope and effect because it makes revisions to the EPA’s regulations for the National Recycling and Emission Reduction Program found at 40 CFR part 
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1A class I or class II substance refers to an ozone- 
depleting substance listed 40 CFR part 82 subpart 
A, appendix A or appendix B, respectively. 2In this context, containers that meet these 
criteria are referred to interchangeably as ‘‘small cans of MVAC refrigerant,’’ ‘‘small cans of refrigerant for MVAC servicing,’’ or simply ‘‘small cans.’’ 82, subpart F, which are nationally 
applicable regulations that have nationwide scope and effect. Under CAA section 307(d)(7)(B), only an objection to this final action that was raised with reasonable specificity during the period for public comment can be raised during judicial review. This section also provides a mechanism for EPA to convene a proceeding for reconsideration, ‘‘[i]f the person raising an objection can demonstrate to [EPA] that it was impracticable to raise such objection within [the period for public comment] or if the grounds for such objection arose after the period for public comment (but within the time specified for judicial review) and if such objection is of central relevance to the outcome of this rule.’’ Any person seeking to make such a demonstration to us should submit a Petition for Reconsideration to the Office of the Administrator, Environmental Protection Agency, Room 3000, William Jefferson Clinton Building, 1200 Pennsylvania Ave. NW, Washington, DC 20460, with a copy to the person listed in the preceding 
FOR FURTHER  
INFORMATION CONTACT section, and the 
Associate General Counsel for the Air and Radiation Law Office, Office of General Counsel (Mail Code 2344–A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460. 
D. Effective Date 
Section 553(d) of the Administrative 
Procedure Act (APA), 5 U.S.C. 553(d), 
generally provides that rules may not take effect earlier than 30 days after they are published in the Federal Register. 
EPA is issuing this final rule under 
section 307(d) of the Clean Air Act (CAA), which states: ‘‘The provisions of section 553 through 557 . . . of Title 5 shall not, except as expressly provided in this section, apply to actions to which this subsection applies.’’ CAA section 307(d)(1). Thus, section 553(d) of the APA does not apply to this rule. EPA is nevertheless acting consistently with the policies underlying APA section 553(d) in making this rule effective immediately upon publication in the Federal Register. APA section 
553(d) provides an exception for any action that grants or recognizes an exemption or relieves a restriction. This final rule relieves a restriction on the sale of certain small cans of MVAC refrigerant that were manufactured or imported prior to January 1, 2018. 
II. Background 
Section 608 of the CAA bears the title 
‘‘National Recycling and Emission 
Reduction Program.’’ Under the structure of section 608, this program 
has three main components. First, section 608(a) requires EPA to establish standards and requirements regarding use and disposal of class I and II substances,
1including a comprehensive 
refrigerant management program to limit emissions of ozone-depleting refrigerants. The CAA directs EPA to include regulations that reduce the use and emissions of class I and II substances to the lowest achievable level and that maximize the recapture and recycling of such substances. The second component, section 608(b), requires that the regulations issued pursuant to subsection (a) contain requirements for the safe disposal of class I and class II substances. The third component, section 608(c), prohibits the 
knowing venting, release, or disposal of ozone-depleting refrigerants and their substitutes during the maintenance, service, repair, or disposal of air- conditioning and refrigeration appliances or industrial process refrigeration. 
EPA first issued regulations under 
section 608 of the CAA on May 14, 1993 (58 FR 28660), to establish the national refrigerant management program for ozone-depleting refrigerants recovered during the maintenance, service, repair, and disposal of air-conditioning and refrigeration appliances. These regulations were intended to substantially reduce the use and emissions of ozone-depleting refrigerants. EPA revised these regulations through subsequent rulemakings published on August 19, 1994 (59 FR 42950), November 9, 1994 (59 FR 55912), August 8, 1995 (60 FR 40420), July 24, 2003 (68 FR 43786), March 12, 2004 (69 FR 11946), January 11, 2005 (70 FR 1972), May 23, 2014 (79 FR 29682), and April 10, 2015 (80 FR 19453). For a more detailed summary of the history of EPA’s Refrigerant Management Program see the discussion in the most recent update to these regulations at 81 FR 82272, 82275 (Nov. 18, 2016). 
On November 9, 2015, EPA proposed 
updates to the refrigerant management regulations under section 608 of the CAA (80 FR 69458). Among other things, EPA proposed to extend the sales restriction to non-exempt substitute refrigerants with an exception for small cans of refrigerant for use in MVAC. That is, the proposed revisions would have restricted the sale of non- exempt substitute refrigerants to certified technicians, with an exception for small cans (two pounds or less) of non-exempt substitute refrigerant for the servicing of MVACs
2if the cans had a 
self-sealing valve. EPA requested comments on several aspects of that proposal including a scenario that would have included a sell-through provision for all small cans manufactured or imported prior to that effective date. (80 FR 69481). The proposal further stated that: 
For manufacture and import of small cans 
of refrigerant for MVAC servicing, EPA is 
proposing a compliance date of one year from publication of the final rule. EPA is also proposing to allow small cans manufactured and placed into initial inventory or imported before that date to be sold for one additional year. For example, if the rule is published on July 1, 2016, small can manufacturers would have until July 1, 2017, to transition their manufacturing lines to add self-sealing valves. Manufacturers, distributors, and auto parts stores would be able to sell all small cans manufactured and placed into initial inventory or imported prior to July 1, 2017, until July 1, 2018. EPA seeks comments on this proposed implementation timeline. [80 FR 69509] 
On November 18, 2016, EPA 
published a rule finalizing the proposed 
restriction that non-exempt substitute refrigerants may only be sold to technicians certified under sections 608 or 609 of the CAA. (81 FR 82280). In the case of refrigerant for use in MVAC, EPA finalized the exemption for the sale of certain small cans of non-ozone- depleting substitutes with a self-sealing valve to allow the do-it-yourself community to continue servicing their personal vehicles. Id. However, the 
agency intended to allow the continued sale of small cans manufactured or imported prior to the January 1, 2018 compliance date. The preamble to the final rule stated that, ‘‘EPA is requiring that small cans of non-exempt substitute refrigerant be outfitted with self-sealing valves by January 1, 2018. Based on comments, EPA is not finalizing the proposal to prohibit the sale of small cans that do not contain self-sealing valves that were manufactured or imported prior to that requirement taking effect.’’ Id. The preamble further 
stated: 
With regards to small cans of MVAC 
refrigerant, manufacturers, distributors and 
retailers of automotive refrigerant supported 
the proposed ‘‘manufacture-by’’ date of one year from publication of the final rule, but commented that they oppose a sell-through date for small cans that do not have self- sealing valves. They commented that such a 
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3EPA believes the commenter is referring to 
stratospheric ozone. 
4EPA believes the commenter is referring to 
stratospheric ozone. 
5EPA additionally notes that to the extent that the 
comments are based on a premise that the provision 
applies to containers that hold ozone-depleting refrigerants, that premise is mistaken, as explained in a later comment response. requirement would be inefficient, 
burdensome, costly, and environmentally problematic. It would require all retailers to know of the requirement and establish processes for returning unsold cans back to the manufacturer for destruction. More likely, the cans may be improperly disposed of, which would negate the environmental benefit of the new provisions. One commenter stated that a ‘‘manufacture-by’’ date would shift EPA’s burden in ensuring compliance from a few manufacturers to thousands of retailers. Furthermore, commenters cited EPA’s July 2015 SNAP rule (80 FR 42901; July 20, 2015) which listed HFC–134a as unacceptable for use as an aerosol as of a ‘‘manufacture-by’’ date, rather than a ‘‘sell-by’’ date. [81 FR 82342] 
EPA described its intention to allow 
the continued sale of small cans without self-sealing valves that were manufactured or imported before the January 1, 2018, compliance date as follows: 
In response to the comments received on 
EPA’s proposal to allow small cans manufactured and placed into initial inventory or imported before that date to be sold for one additional year, EPA is not finalizing the sell-through requirement and is finalizing only a date by which small cans must be manufactured or imported with a self-sealing valve. EPA agrees that this is the least-burdensome option and that it avoids the potential for any unintended consequences of a ‘‘sell-by’’ date. [81 FR 82342] 
These intentions were also expressed 
in the regulatory text at 40 CFR 
82.154(c)(2), which was revised in the November 2016 rule. However, because of an editing error, another provision, 40 CFR 82.154(c)(1)(ix), contains text that could be construed as contradicting the Agency’s clearly expressed intent to allow non-technicians to purchase, and retailers to sell, small cans of refrigerant for use in MVAC that were manufactured or imported before the January 1, 2018, compliance date irrespective of whether they have a self- sealing valve. 
The Automotive Refrigeration 
Products Institute and the Auto Care Association inquired about whether the language in 40 CFR 82.154(c)(1)(ix) effectively negates the provision in 40 CFR 82.154(c)(2) and the preamble discussion showing EPA’s intention to allow small cans of refrigerant for use in MVAC manufactured or imported before January 1, 2018, to continue to be sold without self-sealing valves. EPA published a direct final rule and an accompanying notice of proposed rulemaking to revise the regulatory text, so that persons in possession of small cans of refrigerant for use in MVAC without self-sealing valves that were manufactured or imported before January 1, 2018, can be assured that they will be able to sell off their existing inventories without disruption. 
The public comment period for the 
notice of proposed rulemaking that accompanied the direct final rule closed on October 30, 2017. EPA received adverse comment on the direct final rule and accordingly is publishing a notice withdrawing the direct final rule. EPA is now finalizing the regulatory revisions based on the accompanying proposal, ‘‘Protection of Stratospheric Ozone: Refrigerant Management Regulations for Small Cans of Motor Vehicle Refrigerant’’ (82 FR 45253). The regulatory text being finalized in this action is the same as the revised text in the direct final rule. 
In the direct final rule, which is being 
withdrawn, EPA explained that the action would eliminate burden associated with regulatory uncertainty in this area. The Automotive Refrigeration Products Institute and the Auto Care Association informed EPA that the lack of clarity surrounding the status of small cans of refrigerant for use in MVAC without self-sealing valves that were manufactured or imported before the compliance date created confusion for their members. Unless resolved, this lack of clarity could unnecessarily influence sales of automotive refrigerant during 2017. This is because retailers may not want to stock large numbers of these small cans of refrigerant for use in MVAC unless they are given some assurance that they will be able to sell off any remaining inventory after January 1, 2018. There is also the concern that if clarity is not provided by January 1, 2018, retailers may feel compelled to manually pull cans without self-sealing valves from their shelves and return the cans to their supplier(s). This rule eliminates the cost of that stranded inventory and also eliminates other non-quantified burdens associated with the removal of such cans from the market, such as the labor involved in segregating small cans with self-sealing valves from those without self-sealing valves and physically pulling those from shelves. 
III. Response to Comments 
EPA received several comments on 
the direct final rule, some of which were 
adverse at least in part. EPA is addressing those comments, as relevant, in this final rule. Consistent with the statements in the direct final rule and the parallel proposed rule, EPA did not initiate a second comment period on this action. 
One commenter asked why it is that 
the sell through provision proposed in 2015 was not finalized, if the intent was to protect ozone.
3The commenter stated 
that finalizing a sell through provision 
that does not permit the sales of refrigerant without a self-sealing valve would have a greater benefit for the general welfare, stating that it would reduce harmful gases being released and bolster the argument for allowing do-it- yourselfers to be allowed to purchase the product, regardless of the impending compliance date. Conversely, another commenter wrote that the selling of these cans will present very little damage to the ozone
4and does not 
break any regulations, acts, or executive orders that have been previously passed. However, the commenter further said that the extended use of such cans of refrigerant that leak could pose a small threat to our ozone in the future and that for this reason, they should not be able to be imported or manufactured after the date of January 1, 2018. 
EPA responds that it disagrees that 
the first commenter’s suggestion would have a greater benefit for the general welfare, for reasons explained in its response to comments on the 2016 final rule.
5More specifically, in the 2016 
final rule EPA noted that comments 
from distributors and retailers of automotive refrigerant supported the proposed ‘‘manufacture-by’’ date of one year from publication of the final rule, but commented that they oppose a sell- through date for small cans that do not have self-sealing valves. (81 FR 82342). They commented that such a requirement would be inefficient, burdensome, costly, and environmentally problematic, and that it would require all retailers to know of the requirement and establish processes for returning unsold cans back to the manufacturer for destruction. Id. EPA 
further noted in the 2016 rule the comment that the cans may be improperly disposed of, which would negate the environmental benefit of the new provisions added in that rule. Id. EPA additionally noted the point made by one commenter who stated that a ‘‘manufacture-by’’ date would shift EPA’s burden in ensuring compliance from a few manufacturers to thousands of retailers. Id. EPA responded in the 
2016 final rule that to allow all entities in the distribution chain time to plan for and communicate changes to the sales restriction on non-exempt substitute 
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refrigerants, as well as the requirement 
for self-sealing valves on small cans, EPA was finalizing a sales restriction date and ‘‘manufacture-by’’ or ‘‘import- by’’ date of January 1, 2018. Id. EPA also 
noted this was consistent with past practice in a Significant New Alternatives Policy (SNAP) Program rule (id., citing 80 FR 42901; July 20, 
2015). For all of these reasons, EPA continues to support the approach articulated in the 2016 final rule and is finalizing the revisions in the September 28, 2017 proposal, so that EPA’s intent in the 2016 final rule to have a sales restriction date be based on a ‘‘manufacture-by’’ or ‘‘import-by’’ date of January 1, 2018 is effectuated. 
EPA received one comment that EPA 
should require self-sealing valves for all refrigerants in order to prevent inadvertent release of ozone-depleting substances (ODS). This comment is outside of the scope of this rulemaking, which clarifies the status of small cans of non-exempt substitute refrigerant for use in MVACs that were manufactured or imported prior to January 1, 2018. The exemption at issue in this rule does not apply to any container that contains ODS. Further, there are no ODS that are allowed to be sold in small cans for MVAC use. All ODS refrigerants are subject to a sales restriction that places restrictions on the sale of such substances to people who are certified technicians (40 CFR 82.154(c)). Given there are no ODS MVAC refrigerants currently sold in small cans and given that all ODS refrigerants are subject to the sales restriction, EPA did not propose to require self-sealing valves on small cans of ODS MVAC refrigerant and is not finalizing such a requirement. 
EPA received one comment that the 
agency should not allow the sale of small cans of MVAC refrigerants because instead of taking corrective measures and replacing leaking refrigeration system components, business owners are purchasing these small cans at automotive stores and recharging commercial equipment themselves. This comment is likewise outside the scope of this action. EPA did not propose to eliminate or revise the aspects of the provision at 40 CFR 82.154(c)(1)(ix) that allows the continued sale of small cans of MVAC 
refrigerants to people who are not certified technicians subject to certain conditions (for example, that they have a self-sealing valve) and is not finalizing such a provision. 
One comment asked whether self- 
sealing valves are required for small containers of R–134a, a non-exempt substitute refrigerant used in MVACs, if they are sold only to certified technicians. EPA responds that the self- 
sealing valve specifications at 40 CFR 82.154(c)(2) establish eligibility for the exception from the sales restriction at 40 CFR 82.154(c)(1)(ix). If the buyer is a certified technician, then adherence to 40 CFR 82.154(c)(2) would not be required, but the seller would be responsible for the recordkeeping at 40 CFR 82.154(c)(3). 
EPA also received a comment 
suggesting that EPA consider a future regulatory action to require that small cans of MVAC refrigerant be labeled with the date of manufacture. EPA appreciates the suggestion. As noted by the commenter, however, this comment is outside the scope of this current rulemaking. In the direct final rule EPA specifically noted that ‘‘EPA is not making, and is not seeking comment on, any changes to the regulations at 40 CFR part 82, subpart F other than the revision discussed in this notice.’’ (82 FR 45202). EPA did not propose to require labeling of small cans of MVAC refrigerant. In addition, while EPA recognizes labels may bring increased transparency, the costs and benefits associated with this suggested revision have not been assessed. Thus, EPA is not finalizing the commenter’s suggested changes at this time. 
After considering all of the comments 
received, EPA concludes that it is 
appropriate to finalize the revisions as proposed and is doing so in this final action. 
IV. Statutes and Executive Orders 
Review 
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 and was therefore not submitted to the Office of Management and Budget (OMB) for review. 
B. Executive Order 13771: Reducing 
Regulations and Controlling Regulatory Costs 
This action is expected to be an 
Executive Order 13771 deregulatory action. EPA described the potential cost savings of this action in the direct final rule. (82 FR 45202). 
C. Paperwork Reduction Act (PRA) 
This action does not impose any new 
information collection burden under the 
PRA. The regulatory revisions finalized in this action do not contain any information collection activities 
D. Regulatory Flexibility Act (RFA) 
I certify that this action will not have 
a significant economic impact on a substantial number of small entities 
under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This rule does not impose any new regulatory requirements. It is deregulatory in that it clarifies that small cans of refrigerant for use in MVAC may be sold to persons who are not certified technicians even if they are not equipped with a self-sealing valve, so long as those small cans are manufactured or imported prior to January 1, 2018. We have therefore 
concluded that this action will relieve regulatory burden for all directly regulated small entities. 
E. Unfunded Mandates Reform Act 
This action does not contain any 
unfunded mandate as described in 
UMRA, 2 U.S.C. 1531–1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector. 
F. Executive Order 13132: Federalism 
This action does not have federalism 
implications. It will not have substantial 
direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. 
G. Executive Order 13175: Consultation 
and Coordination With Indian Tribal Governments 
This action does not have tribal 
implications as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments, on the relationship between the federal government and Indian tribes, or on the distribution of power and responsibilities between the federal government and Indian tribes, as specified in Executive Order 13175. This rule does not impose any new regulatory requirements. It is deregulatory in that it corrects a potential conflict in the refrigerant management regulations as to whether or not small cans of refrigerant for use in MVAC could be sold to non- technicians if they were manufactured or imported prior to January 1, 2018, and do not have a self-sealing valve. Thus, Executive Order 13175 does not apply to this action. 
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H. Executive Order 13045: Protection of 
Children From Environmental Health Risks and Safety Risks 
The EPA interprets Executive Order 
13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because it does not concern an environmental health risk or safety risk. 
I. Executive Order 13211: Actions That 
Significantly Affect Energy Supply, Distribution, or Use 
This action is not subject to Executive 
Order 13211, because it is not a significant regulatory action under Executive Order 12866. 
J. National Technology Transfer and 
Advancement Act 
This rulemaking does not involve 
technical standards. 
K. Executive Order 12898: Federal 
Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 
The EPA believes that this action does 
not have disproportionately high and adverse human health or environmental effects on minority populations, low- income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). 
This action does not affect the level of 
protection provided to human health or the environment. This action corrects a potential conflict in the refrigerant management regulations as to whether or not small cans of refrigerant for use in MVAC could be sold to non- technicians if the cans were manufactured or imported prior to January 1, 2018, and do not have a self- sealing valve. This action clarifies that those small cans of refrigerant for use in MVAC may be sold to persons who are not certified technicians. 
L. Congressional Review Act (CRA) 
This action is subject to the CRA, and 
EPA will submit a rule report to each 
House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 
List of Subjects in 40 CFR Part 82 
Environmental protection, Air 
pollution control, Chemicals, Reporting 
and recordkeeping requirements. Dated: December 15, 2017. 
E. Scott Pruitt, 
Administrator. 
For the reasons set forth in the 
preamble, the Environmental Protection 
Agency amends 40 CFR part 82 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. In § 82.154, revise paragraph 
(c)(1)(ix) to read as follows: 
§ 82.154 Prohibitions. 
* * * * * 
(c) * * * 
(1) * * * (ix) The non-exempt substitute 
refrigerant is intended for use in an 
MVAC and is sold in a container designed to hold two pounds or less of refrigerant, has a unique fitting, and, if manufactured or imported on or after January 1, 2018, has a self-sealing valve that complies with the requirements of paragraph (c)(2) of this section. 
* * * * * 
[FR Doc. 2017–27800 Filed 12–26–17; 8:45 am] 
BILLING CODE 6560–50–P 
DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 
Centers for Medicare & Medicaid 
Services 
42 CFR Parts 414, 416, and 419 
[CMS–1678–CN] 
RIN 0938–AT03 
Medicare Program: Hospital Outpatient 
Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs; Correction 
AGENCY : Centers for Medicare & 
Medicaid Services (CMS), HHS. 
ACTION : Final rule; correction. 
SUMMARY : This document corrects 
technical errors that appeared in the final rule with comment period published in the Federal Register on 
December 14, 2017 entitled ‘‘Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs.’’ 
DATES : Effective Date: January 1, 2018. 
FOR FURTHER INFORMATION CONTACT : Lela 
Strong (410) 786–3213. SUPPLEMENTARY INFORMATION : 
I. Background 
In FR Doc. R1–2017–23932 of 
December 14, 2017 (82 FR 59216), titled 
‘‘Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and 
Quality Reporting Programs’’ (hereinafter referred to as the CY 2018 OPPS/ASC final rule), there were a number of technical errors that are identified and corrected in the Correction of Errors section below. The provisions in this correction document are effective as if they had been included in the document published December 14, 2017. Accordingly, the corrections are effective January 1, 2018. 
We note that the CY 2018 OPPS/ASC 
final rule was originally published on pages 52356 through 52637 in the issue of Monday, November 13, 2017. In that publication, a section of the document was omitted due to a printing error. Therefore, on December 14, 2017, the CY 2018 OPPS/ASC final rule was republished in its entirety. Accordingly, any corrections made in this document are made to the December 14, 2017 republished version. 
II. Summary of Errors A. Errors in the Preamble 1. Hospital Outpatient Prospective 
Payment System (OPPS) Corrections 
On page 59256, we are correcting the 
OPPS weight scalar based on the conforming policy correction to the Ambulatory Payment Classification (APC) assignment of Healthcare Common Procedure Coding System (HCPCS) code 93880 in APC 5522 (Level 2 Imaging without Contrast) to APC 5523 (Level 3 Imaging without Contrast). 
On page 59262, we are correcting 
language related to hospital-specific Cost-to-Charge Ratios (CCRs) and their application on payments for pass- through devices. 
On pages 59269 through 59271, we 
use the payment rates available in Addenda A and B to display calculation of adjusted payment and copayment. Due to the correction of OPPS payment rates as a result of the corrected OPPS weight scalar, we are also correcting the payment and copayment numbers used in the example. 
On page 59277, due to the corrected 
OPPS APC geometric mean cost as a result of the conforming policy correction to the imaging without contrast APCs, we are correcting the list of APCs excepted from the 2 times rule for calendar year (CY) 2018. Specifically, we are revising Table 14 to 
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