6824 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules 

[FR Doc. 2016–02306 Filed 2–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2015–0309; FRL–9941–81– 

OAR] 

RIN 2060–AS68 

Protection of Stratospheric Ozone: 

Revisions to Reporting and 

Recordkeeping for Imports and 

Exports 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing to make 

minor conforming edits to the 

stratospheric protection regulations to 

implement the International Trade Data 

System. In the ‘‘Rules and Regulations’’ 

section of this Federal Register, we are 

making these edits as a direct final rule 

without a prior proposed rule. If we 

receive no adverse comment, we will 

not take further action on this proposed 

rule. This system allows businesses to 

transmit the transactional data required 

by multiple Federal agencies for the 

import and export of cargo through a 

single ‘‘window.’’ As businesses 

currently must submit trade data to 

multiple agencies, in multiple ways, 

and often on paper, the transition to 

electronic filing is expected to save 

businesses time and money. 

Specifically, this rulemaking would 

remove the requirement that the petition 

for used ozone-depleting substances 

accompany the shipment through U.S. 

Customs and remove references to 

Customs forms that are obsolete under 

the new system. 

DATES: Written comments must be 

received by March 10, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OAR–2015–0309, at http://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Jeremy Arling by regular mail: U.S. 

Environmental Protection Agency, 

Stratospheric Protection Division 

(6205T), 1200 Pennsylvania Avenue 

NW., Washington, DC 20460; by 

telephone: (202) 343–9055; or by email: 

arling.jeremy@epa.gov. You may also 

visit the EPA’s Ozone Protection Web 

site at www.epa.gov/ozone/

strathome.html for further information 

about EPA’s Stratospheric Ozone 

Protection regulations, the science of 

ozone layer depletion, and other related 

topics. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Why is EPA issuing this proposed 

rule? 

This document proposes to make 

minor conforming edits to the 

stratospheric protection regulations to 

implement the International Trade Data 

System primarily by removing 

references to specific Customs forms 

that will become obsolete under the new 

system. EPA has published a direct final 

rule making these edits in the ‘‘Rules 

and Regulations’’ section of this Federal 

Register. We view this as a 

noncontroversial action and anticipate 

no adverse comment. We have 

explained our reasons for this action in 

the preamble to the direct final rule. For 

additional information on the action 

being taken, see the direct final rule 

published in the Rules and Regulations 

section of this Federal Register. 

If we receive no adverse comment, we 

will not take further action on this 

proposed rule. If we receive adverse 

comment, we will withdraw the direct 

final rule and it will not take effect. We 

would address all public comments in 

any subsequent final rule based on this 

proposed rule. 

We do not intend to institute a second 

comment period on this action. Any 

parties interested in commenting must 

do so at this time. For further 

information, please see the information 

provided in the ADDRESSES section of 

this document. 

B. Does this action apply to me? 

This rulemaking may affect the 

following categories: Industrial Gas 

Manufacturing entities (NAICS code 

325120), including fluorinated 

hydrocarbon gas manufacturers, 

importers, and exporters; Other 

Chemical and Allied Products Merchant 

Wholesalers (NAICS code 424690), 

including chemical gases and 

compressed gases merchant importers 

and exporters; and refrigerant reclaimers 

or other such entities that might import 

virgin, recovered, or reclaimed 

refrigerant gas. 

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 

promulgated at 40 CFR part 82, subpart 

A. If you have questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the preceding section. 

II. 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 and was therefore not 

submitted to the Office of Management 

and Budget (OMB) for review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA because the requirements to 

maintain entry numbers and EINs are a 

subset of the previous requirements to 

maintain forms containing this 

information. OMB has previously 

approved the information collection 

activities contained in the existing 

regulations and has assigned OMB 

control number 2060–0170 and 2060– 

0438. 

C. 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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules 6825 

entities subject to the rule. This action 

makes minor changes to recordkeeping 

and reporting requirements to remove 

references to U.S. Customs forms and 

other small edits. 

D. 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. 

This action makes minor changes to 

recordkeeping and reporting 

requirements to remove references to 

U.S. Customs forms and other small 

edits. 

E. 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. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have tribal 

implications as specified in Executive 

Order 13175. This rulemaking does not 

significantly or uniquely affect the 

communities of Indian tribal 

governments, nor does it impose any 

enforceable duties on communities of 

Indian tribal governments. This action 

makes minor changes to recordkeeping 

and reporting requirements to remove 

references to U.S. Customs forms and 

other small edits. Thus, Executive Order 

13175 does not apply to this action. 

G. 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. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution or use of energy. 

This action makes minor changes to 

recordkeeping and reporting 

requirements to remove references to 

U.S. Customs forms and other small 

edits. 

I. National Technology Transfer and 

Advancement Act 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

EPA believes the human health or 

environmental risk addressed by this 

action will not have potential 

disproportionately high and adverse 

human health or environmental effects 

on minority, low-income, or indigenous 

populations because it does not affect 

the level of protection provided to 

human health or the environment. This 

action makes minor changes to 

recordkeeping and reporting 

requirements to remove references to 

U.S. Customs forms and other small 

edits. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Chemicals, 

Imports, Ozone, Reporting and 

recordkeeping requirements. 

Dated: January 21, 2016. 

Gina McCarthy, 

Administrator. 

For the reasons stated in the 

preamble, 40 CFR part 82 is proposed to 

be 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. In § 82.3, revise the definition for 

‘‘Importer’’ to read as follows: 

§ 82.3 Definitions for class I and class II 

controlled substances. 

* * * * * 

Importer means any person who 

imports a controlled substance or a 

controlled product into the United 

States. ‘‘Importer’’ includes the person 

primarily liable for the payment of any 

duties on the merchandise or an 

authorized agent acting on his or her 

behalf. The term also includes, as 

appropriate: 

(1) The consignee; 

(2) The importer of record; 

(3) The actual owner; or 

(4) The transferee, if the right to draw 

merchandise in a bonded warehouse has 

been transferred. 

* * * * * 

■ 3. In § 82.13, revise paragraphs 

(g)(1)(xii), (g)(3)(v), and (g)(3)(viii)(D) to 

read as follows: 

§ 82.13 Recordkeeping and reporting 

requirements for class I controlled 

substances. 

* * * * * 

(g) * * * 

(1) * * * 

(xii) The U.S. Customs entry number; 

* * * * * 

(3) * * * 

(v) To pass the approved used class I 

controlled substances through U.S. 

Customs, the non-objection notice 

issued by EPA must accompany the 

shipment through U.S. Customs. 

* * * * * 

(viii) * * * 

(D) The U.S. Customs entry number. 

* * * * * 

■ 4. In § 82.24, revise paragraphs 

(c)(2)(xiii), (c)(4)(v), (c)(4)(viii)(D), 

(d)(2)(i), and (d)(3)(i) to read as follows: 

§ 82.24 Recordkeeping and reporting 

requirements for class II controlled 

substances. 

* * * * * 

(c) * * * 

(2) * * * 

(xiii) The U.S. Customs entry number; 

* * * * * 

(4) * * * 

(v) To pass the approved used class II 

controlled substances through U.S. 

Customs, the non-objection notice 

issued by EPA must accompany the 

shipment through U.S. Customs. 

* * * * * 

(viii) * * * 

(D) The U.S. Customs entry number. 

* * * * * 

(d) * * * 

(2) * * * 

(i) The Employer Identification 

Number of the shipper or their agent; 

* * * * * 

(3) * * * 

(i) The Employer Identification 

Number of the shipper or their agent; 

and 

* * * * * 

■ 5. In § 82.104, revise paragraph (m)(2) 

to read as follows: 

§ 82.104 Definitions. 

* * * * * 

(m) * * * 

(2) The importer of record; 

* * * * * 

[FR Doc. 2016–02320 Filed 2–8–16; 8:45 am] 

BILLING CODE 6560–50–P 

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