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: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

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. 

■ 2. Add § 165.T09–0128 to read as 

follows: 

§ 165.T09–0128 Safety Zone; Helicopter 

Lift Operations, Main Branch Chicago River, 

Chicago, IL. 

(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] 

BILLING CODE 9110–04–P 

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. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 16681 

1 In this document, we use ‘‘ratification’’ to mean 

the deposit of an instrument of ratification, 

acceptance, or approval. 

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. 

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 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 

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 


emcdonald on DSK67QTVN1PROD with RULES
16682 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 

2Currently, 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. 

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 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 

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. 

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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Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 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: http:// 

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 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 


emcdonald on DSK67QTVN1PROD with RULES
16684 Federal Register / Vol. 79, No. 58 / Wednesday, March 26, 2014 / Rules and Regulations 

3The most recent version of the Harmonized 

Tariff Schedule of the United States Annotated can 

be found at: http://www.usitc.gov/tata/hts/

index.htm. 

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 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. 

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: http://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. 

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 


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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. 

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 


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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: 

§ 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: http://

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: http://

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: 

http://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: http://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: http://

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: http://

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: http://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: http://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: http://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, Coˆte 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 

Description of commodity or chemical 

Commodity code 

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 (Dichloropentafluoropropanes) .............................................................................................. 2903.75.0000 

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 


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Description of commodity or chemical 

Commodity code 

from harmonized 

tariff schedule 

CFC–114 (Dichlorotetrafluoroethane) .................................................................................................................................. 2903.77.0030 

CFC–115 (Monochloropentafluoroethane) ........................................................................................................................... 2903.77.0040 

CFC–13, CFC–111, CFC–112, CFC–211, CFC–212, CFC–213, CFC–214, CFC–215, CFC–216, CFC–217, and other 

CFCs ................................................................................................................................................................................. 2903.77.0080 

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 


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