Federal Register / Vol. 78, No. 105 / Friday, May 31, 2013 / Proposed Rules 32617 

$100 million by State, local, or Tribal 

governments or the private sector in any 

one year. In addition, this proposed rule 

does not contain a significant federal 

intergovernmental mandate as described 

by section 203 of UMRA nor does it 

contain any regulatory requirements 

that might significantly or uniquely 

affect small governments. 

E. Executive Order 13132: Federalism 

Federalism (64 FR 43255, August 10, 

1999) revokes and replaces Executive 

Orders 12612 (Federalism) and 12875 

(Enhancing the Intergovernmental 

Partnership). Executive Order 13132 

requires EPA to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by State and local officials 

in the development of regulatory 

policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’ Under 

Executive Order 13132, EPA may not 

issue a regulation that has federalism 

implications, that imposes substantial 

direct compliance costs, and that is not 

required by statute, unless the federal 

government provides the funds 

necessary to pay the direct compliance 

costs incurred by State and local 

governments, or EPA consults with 

State and local officials early in the 

process of developing the proposed 

regulation. EPA also may not issue a 

regulation that has federalism 

implications and that preempts State 

law unless the Agency consults with 

State and local officials early in the 

process of developing the proposed 

regulation. 

This rule will not have substantial 

direct effects on the State, on the 

relationship between the national 

government and the State, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132, because it 

merely addresses the State not fully 

meeting its obligation under section 128 

of the CAA. Thus, Executive Order 

13132 does not apply to this action. In 

the spirit of Executive Order 13132, and 

consistent with EPA policy to promote 

communications between EPA and State 

and local governments, EPA specifically 

solicits comment on this proposed rule 

from State and local officials. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175, entitled 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

67249, November 9, 2000), requires EPA 

to develop an accountable process to 

ensure ‘‘meaningful and timely input by 

tribal officials in the development of 

regulatory policies that have tribal 

implications.’’ This proposed rule does 

not have tribal implications, as specified 

in Executive Order 13175. It will not 

have substantial direct effects on tribal 

governments. Thus, Executive Order 

13175 does not apply to this rule. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045: Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997), applies to any rule that: 

(1) Is determined to be economically 

significant as defined under Executive 

Order 12866; and (2) concerns an 

environmental health or safety risk that 

we have reason to believe may have a 

disproportionate effect on children. EPA 

interprets EO 13045 as applying only to 

those regulatory actions that concern 

health or safety risks, such that the 

analysis required under section 5–501 of 

the EO has the potential to influence the 

regulation. This action is not subject to 

EO 13045 because it implements 

specific standards established by 

Congress in statutes. 

H. Executive Order 13211: Actions 

Concerning Regulations 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 of the National Technology 

Transfer and Advancement Act 

(NTTAA) of 1995 requires federal 

agencies to evaluate existing technical 

standards when developing a new 

regulation. To comply with NTTAA, 

EPA must consider and use ‘‘voluntary 

consensus standards’’ (VCS) if available 

and applicable when developing 

programs and policies unless doing so 

would be inconsistent with applicable 

law or otherwise impractical. 

The EPA believes that VCS are 

inapplicable to this action. Today’s 

action does not require the public to 

perform activities conducive to the use 

of VCS. 

J. Executive Order 12898: Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 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 United States. 

We have determined that this 

proposed rule, if finalized, will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it disapproves a specific portion 

of the Montana SIP which does not meet 

requirements of the CAA. 

In addition, this proposed action does 

not have tribal implications as specified 

by Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP 

being disapproved would not apply in 

Indian country located in the state, and 

it would not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Reporting and recordkeeping 

requirements, Sulfur oxides, Volatile 

organic compounds. 

Dated: May 16, 2013. 

Howard M. Cantor, 

Acting Regional Administrator, Region 8. 

[FR Doc. 2013–12970 Filed 5–30–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 721 

[EPA–HQ–OPPT–2008–0918; FRL–9387–7] 

RIN 2070–AB27 

Proposed Modification of Significant 

New Uses of 1-Propene, 2,3,3,3- 

tetrafluoroAGENCY: Environmental Protection 

Agency (EPA). 


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ACTION: Proposed rule. 

SUMMARY: Under section 5(a)(2) of the 

Toxic Substances Control Act (TSCA), 

EPA is proposing to amend the 

significant new use rule (SNUR) for the 

chemical substance identified as 1- 

Propene, 2,3,3,3-tetrafluoro-, which was 

the subject of premanufacture notice 

(PMN) P–07–601. This action would 

amend the SNUR to allow the 

manufacture and processing for certain 

uses without requiring a significant new 

use notice (SNUN). EPA is proposing 

this amendment based on review of 

newly submitted exposure and toxicity 

data. 

DATES: Comments must be received on 

or before July 1, 2013. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2008–0918, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the online 

instructions for submitting comments. 

• Mail: Document Control Office 

(7407M), Office of Pollution Prevention 

and Toxics (OPPT), Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001. 

• Hand Delivery: OPPT Document 

Control Office (DCO), EPA East Bldg., 

Rm. 6428, 1201 Constitution Ave. NW., 

Washington, DC. ATTN: Docket ID 

Number EPA–HQ–OPPT–2008–0918. 

The DCO is open from 8 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The telephone number for the 

DCO is (202) 564–8930. Such deliveries 

are only accepted during the DCO’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPPT– 

2008–918. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available online at http:// 

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 regulations.gov or 

email. The 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 

regulations.gov, your email address will 

be automatically captured and included 

as part of the comment that is placed in 

the 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. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available electronically at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPPT 

Docket. The OPPT Docket is located in 

the EPA Docket Center (EPA/DC) at Rm. 

3334, EPA West Bldg., 1301 

Constitution Ave. NW., Washington, 

DC. The EPA/DC Public Reading Room 

hours of operation are 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number of 

the EPA/DC Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPPT Docket is (202) 

566–0280. Docket visitors are required 

to show photographic identification, 

pass through a metal detector, and sign 

the EPA visitor log. All visitor bags are 

processed through an X-ray machine 

and subject to search. Visitors will be 

provided an EPA/DC badge that must be 

visible at all times in the building and 

returned upon departure. 

FOR FURTHER INFORMATION CONTACT: For 

technical information contact: Jim 

Alwood, Chemical Control Division 

(7405M), Office of Pollution Prevention 

and Toxics, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (202) 564–8974; email address: 

alwood.jim@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCAHotline@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you manufacture, import, 

process, or use the chemical substance 

identified as 1-Propene, 2,3,3,3- 

tetrafluoro- (PMN P–07–601). 

Potentially affected entities may 

include, but are not limited to: 

• Manufacturers, importers, or 

processors of the subject chemical 

substance (NAICS codes 325 and 

324110), e.g., chemical manufacturers 

and petroleum refineries. 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. To determine whether 

you or your business may be affected by 

this action, you should carefully 

examine the applicability provisions in 

§ 721.5. If you have any questions 

regarding the applicability of this action 

to a particular entity, consult the 

technical person listed under FOR

FURTHER INFORMATION CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

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: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. 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. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 


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iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. What action is the Agency taking? 

In the Federal Register of October 27, 

2010 (75 FR 65987) (FRL–8846–8), EPA 

published a final SNUR (codified at 

§ 721.10182) for the chemical substance 

identified as 1-Propene, 2,3,3,3- 

tetrafluoro-, (PMN P–07–601; CAS No. 

754–12–1; which is also identified by 

the trade name HFO–1234yf), in 

accordance with the procedures at 

§ 721.170. A SNUR requires persons 

who intend to manufacture, import, or 

process the chemical substance for an 

activity designated as a significant new 

use to notify EPA at least 90 days before 

commencing that activity. 

EPA is proposing to amend the scope 

of the SNUR as detailed in this unit. In 

addition, EPA is proposing to clarify the 

language in the regulatory text to more 

clearly communicate that the 

manufacture and processing for use as a 

refrigerant in motor vehicle air 

conditioning systems in new passenger 

cars and vehicles as reported in the 

original PMN is not subject to the 

notification requirement. The docket 

includes information considered by the 

Agency in developing the final rule and 

the new information considered when 

proposing the modification to this rule. 

PMN Number P–07–601 

Chemical name: 1-Propene, 2,3,3,3- 

tetrafluoro-. 

CAS number: 754–12–1. 

Federal Register publication date and 

reference: October 27, 2010 (75 FR 

65987). 

Basis for modification of the SNUR: In 

the final SNUR, EPA explained that it 

sought additional information to review 

use by consumers attempting to 

recharge air conditioning systems in 

vehicles originally charged with the 

refrigerant. Specifically, EPA sought an 

acute rabbit inhalation toxicity study to 

better characterize health effects from a 

single exposure and sought additional 

information on techniques or equipment 

to minimize exposure to consumers and 

data that quantifies exposures for 

durations shorter than the 30-minute 

time-weighted average (TWA) presented 

in the exposure study conducted by the 

PMN submitter. In response, the PMN 

submitter conducted an acute inhalation 

toxicity study with rabbits on the PMN 

substance. The submitted results 

demonstrated no toxicity in the onehour exposure of rabbits to 0, 50,000, 

and 100,000 parts per million (ppm) of 

the PMN substance. The human 

equivalent concentration of the 100,000 

ppm exposure in rabbits is 190,000 ppm 

and was utilized for a risk assessment. 

In addition, potential after-market 

manufacturers and the PMN submitter 

also provided additional information on 

the previously submitted exposure 

study that was conducted quantifying 

the exposures for durations shorter than 

30 minutes and data on exposures from 

use of certain specified fittings. The test 

conditions demonstrated a highest 30- 

minute TWA exposure of 1,789 ppm. 

Based on the newly submitted data, EPA 

calculated the ratio of the level of 

exposure in rabbits that did not cause 

any effects with the highest measured 

TWA exposure. The calculated ratio is 

106, which EPA considers protective of 

human health. The detailed risk 

assessment is contained in the public 

docket. Based on this new assessment, 

EPA proposes to find that use of the 

PMN substance by consumers to 

recharge air conditioning systems in 

vehicles originally charged with the 

refrigerant by the motor vehicle original 

equipment manufacturer (OEM) no 

longer meets the concern criteria at 

§ 721.170(b). Based on this proposed 

finding, EPA is proposing to modify the 

SNUR by eliminating the requirement to 

submit a notice prior to the manufacture 

and processing for the specified 

consumer use of the PMN substance. 

In addition, EPA is proposing to 

clarify the language in the regulatory 

text to more clearly communicate that 

manufacture and processing for use as a 

refrigerant in motor vehicle air 

conditioning systems in new passenger 

cars and vehicles as reported in the 

original PMN is not a significant new 

use. The current regulatory text 

identifies the significant new use by 

reference to 40 CFR 721.80(j), which 

refers to any ‘‘use other than’’ a use 

described in the premanufacture notice 

and then uses a parenthetical to more 

specifically identify the significant new 

use, beginning with ‘‘use other than.’’ 

However, using the language ‘‘use other 

than’’ when referring to a regulatory 

provision which begins with ‘‘use other 

than’’ can be confusing. As a result, EPA 

is proposing to clarify the regulatory 

text by simply identifying the 

significant new use as use other than as 

a refrigerant in motor vehicle air 

conditioning systems in new passenger 

cars and vehicles (i.e., as defined in 40 

CFR 82.32 (c) and (d). The docket 

established for this proposed 

amendment to the SNUR is available 

under docket ID number EPA–HQ– 

OPPT–2008–0918. 

CFR citation: 40 CFR 721.10182. 

B. What is the Agency’s authority for 

taking this action? 

Section 5(a)(2) of TSCA (15 U.S.C. 

2604(a)(2)) authorizes EPA to determine 

that a use of a chemical substance is a 

‘‘significant new use.’’ EPA must make 

this determination by rule after 

considering all relevant factors, 

including the TSCA section 5(a)(2) 

factors, listed in Unit III. of this 

document. Once EPA determines that a 

use of a chemical substance is a 

significant new use, TSCA section 

5(a)(1)(B) and 40 CFR part 721 requires 

persons to submit a significant new use 

notice (SNUN) to EPA at least 90 days 

before they manufacture (including 

import) or process the chemical 

substance for that use. Persons who 

must report are described in § 721.5. 

EPA may respond to SNUNs by, 

among other things, issuing or 

modifying a TSCA section 5(e) consent 

order and/or amending the SNUR 

promulgated under TSCA section 

5(a)(2). Amendment of the SNUR will 

often be necessary to allow persons 

other than the SNUN submitter to 

engage in the newly authorized use(s), 

because even after a person submits a 

SNUN and the review period expires, 

other persons still must submit a SNUN 

before engaging in the significant new 

use. 

III. Significant New Use Determination 

Section 5(a)(2) of TSCA states that 

EPA’s determination that a use of a 

chemical substance is a significant new 

use must be made after consideration of 

all relevant factors, including: 

• The projected volume of 

manufacturing and processing of a 

chemical substance. 

• The extent to which a use changes 

the type or form of exposure to human 

beings or the environment to a chemical 

substance. 

• The extent to which a use increases 

the magnitude and duration of exposure 

of human beings or the environment to 

a chemical substance. 

• The reasonably anticipated manner 

and methods of manufacturing, 

processing, distribution in commerce, 

and disposal of a chemical substance. 


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In addition to these factors 

enumerated in TSCA section 5(a)(2), the 

statute authorizes EPA to consider any 

other relevant factors. 

To determine that consumer use in 

the recharge of motor vehicle air 

conditioning systems originally charged 

with the PMN substance by the motor 

vehicle OEM is not a significant new 

use of the chemical substance identified 

as 1-Propene, 2,3,3,3-tetrafluoro-(PMN 

P–07–601), EPA considered relevant 

information about the toxicity of the 

chemical substance, likely human 

exposures and environmental releases 

associated with this chemical use, 

taking into consideration the four 

bulleted TSCA section 5(a)(2) factors 

listed in this unit. 

IV. Rationale for the Proposed Rule 

During review of PMN P–07–601, the 

chemical substance identified as 1- 

Propene, 2,3,3,3-tetrafluoro-, EPA 

determined that one or more of the 

criteria of concern established at 

§ 721.170 were met and regulation 

under section 5(a)(2) of TSCA was 

warranted. The basis for such findings 

is outlined in Unit II. of this document 

and in the Federal Register document of 

June 26, 1990 (55 FR 26102). Based on 

these findings, a SNUR was 

promulgated pursuant to § 721.170. 

After the review of new test data and 

information subsequent to issuance of 

the SNUR (see Unit II.), and 

consideration of the factors included in 

TSCA section 5(a)(2) (see Unit III.), EPA 

proposes to find that the concern 

criteria in § 721.170(b), are no longer 

met for the consumer use in the 

recharge of motor vehicle air 

conditioning systems originally charged 

with the PMN substance by the motor 

vehicle OEM. 

V. Economic Analysis 

EPA evaluated the potential costs of 

establishing SNUN requirements for 

potential manufacturers, importers, and 

processors of the chemical substances 

during the development of the direct 

final rule. The Agency’s complete 

Economic Analysis is available in the 

docket under docket ID number EPA– 

HQ–OPPT–2008–0918. This proposal 

will not add to the costs identified in 

that analysis as it would, if finalized, 

relieve an existing notification 

requirement for certain manufacturers 

and processors. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Order 12866 

This proposed rule would modify a 

SNUR for a chemical substance that is 

the subject of a PMN. The Office of 

Management and Budget (OMB) has 

exempted these types of actions from 

review under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

B. Paperwork Reduction Act 

According to the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq., an Agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

that requires OMB approval under the 

PRA, unless it has been approved by 

OMB and displays a currently valid 

OMB control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument or form, if 

applicable. This listing of the OMB 

control numbers and their subsequent 

codification in the CFR satisfies the 

display requirements of PRA and OMB’s 

implementing regulations at 5 CFR part 

1320. 

This proposed rule would, if 

finalized, relieve an existing notification 

requirement for certain manufacturers 

and processors. The information 

collection requirements related to this 

action have already been approved by 

OMB pursuant to PRA under OMB 

control number 2070–0012 (EPA ICR 

No. 574). This action would not impose 

any burden requiring additional OMB 

approval. If an entity were to submit a 

SNUN to the Agency under the existing 

SNUR, the annual burden is estimated 

to average between 30 and 170 hours 

per response. This burden estimate 

includes the time needed to review 

instructions, search existing data 

sources, gather and maintain the data 

needed, and complete, review, and 

submit the required SNUN. 

Send any comments about the 

accuracy of the burden estimate, and 

any suggested methods for minimizing 

respondent burden, including through 

the use of automated collection 

techniques, to the Director, Collection 

Strategies Division, Office of 

Environmental Information (2822T), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. Please remember to 

include the OMB control number in any 

correspondence, but do not submit any 

completed forms to this address. 

C. Regulatory Flexibility Act 

On February 18, 2012, EPA certified 

pursuant to section 605(b) of the 

Regulatory Flexibility Act (RFA) (5 

U.S.C. 601 et seq.), that promulgation of 

a SNUR does not have a significant 

economic impact on a substantial 

number of small entities where the 

following are true: 

1. A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR. 

2. The SNUN submitted by any small 

entity would not cost significantly more 

than $8,300. 

A copy of that certification is 

available in the docket for this rule. 

This rule is within the scope of the 

February 18, 2012 certification. Based 

on the Economic Analysis discussed in 

Unit V. and EPA’s experience 

promulgating SNURs (discussed in the 

certification), EPA believes that the 

following are true: 

• A significant number of SNUNs 

would not be submitted by small 

entities in response to the SNUR 

amendment. 

• Submission of the SNUN would not 

cost any small entity significantly more 

than $8,300. Therefore, the 

promulgation of the SNUR amendment 

would not have a significant economic 

impact on a substantial number of small 

entities. 

D. Unfunded Mandates Reform Act 

Based on EPA’s experience with 

proposing and finalizing SNURs, State, 

local, and Tribal governments have not 

been impacted by these rulemakings, 

and EPA does not have any reason to 

believe that any State, local, or Tribal 

government would be impacted by this 

proposed rule. As such, EPA has 

determined that this proposed rule 

would not impose any enforceable duty, 

contain any unfunded mandate, or 

otherwise have any effect on small 

governments subject to the requirements 

of sections 202, 203, 204, or 205 of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). 

E. Executive Order 13132 

This action would not have a 

substantial direct effect on 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, entitled 

Federalism (64 FR 43255, August 10, 

1999). 

F. Executive Order 13175 

This proposed rule would not have 

Tribal implications because it is not 

expected to have substantial direct 

effects on Indian Tribes. This proposed 

rule would not significantly nor 

uniquely affect the communities of 

Indian Tribal governments, nor would it 

involve or impose any requirements that 


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affect Indian Tribes. Accordingly, the 

requirements of Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000), do not apply 

to this proposed rule. 

G. Executive Order 13045 

This action is not subject to Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997), because this is not an 

economically significant regulatory 

action as defined by Executive Order 

12866, and this action does not address 

environmental health or safety risks 

disproportionately affecting children. 

H. Executive Order 13211 

This proposed rule is not subject to 

Executive Order 13211, entitled Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001), because this action is not 

expected to affect energy supply, 

distribution, or use and because this 

action is not a significant regulatory 

action under Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act 

In addition, since this action does not 

involve any technical standards, section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note), does not 

apply to this action. 

J. Executive Order 12898 

This action does not entail special 

considerations of environmental justice 

related issues as delineated by 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR7629, 

February 16, 1994). 

List of Subjects in 40 CFR Part 721 

Environmental protection, Chemicals, 

Hazardous substances, Reporting and 

recordkeeping requirements. 

Dated: May 22, 2013. 

Maria J. Doa, 

Director, Chemical Control Division, Office 

of Pollution Prevention and Toxics. 

Therefore, it is proposed that 40 CFR 

part 721 be amended as follows: 

PART 721—[AMENDED] 

■ 1. The authority citation for part 721 

continues to read as follows: 

Authority: 15 U.S.C. 2604, 2607, and 

2625(c). 

■ 2. In § 721.10182, revise paragraphs 

(a)(1) and (a)(2)(i) to read as follows: 

§ 721.10182 1-Propene, 2,3,3,3-tetrafluoro-. 

(a) * * * (1) The chemical substance 

identified as 1-propene, 2,3,3,3- 

tetrafluoro- (PMN P– 07–601; CAS No. 

754–12–1) is subject to reporting under 

this section for the significant new uses 

described in paragraph (a)(2) of this 

section. 

(2) * * * 

(i) Industrial, commercial, and 

consumer activities. A significant new 

use is use other than as a refrigerant in 

motor vehicle air conditioning systems 

in new passenger cars and vehicles (i.e., 

as defined in 40 CFR 82.32 (c) and (d)); 

§ 721.80(m) (commercial use other than 

in passenger cars and vehicles in which 

the charging of motor vehicle air 

conditioning systems with the PMN 

substance was done by the motor 

vehicle original equipment 

manufacturer (OEM); § 721.80(o) (use in 

consumer products other than products 

used to recharge the motor vehicle air 

conditioning systems in passenger cars 

and vehicles in which the charging of 

motor vehicle air conditioning systems 

with the PMN substance was done by 

the motor vehicle OEM). 

* * * * * 

[FR Doc. 2013–12779 Filed 5–30–13; 8:45 am] 

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