Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations 61977 

EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE TEXAS SIP 

Name of SIP provision Applicable geographic or nonattainment 

area 

State submittal/effective 

date 

EPA approval date Comments 

*******

Enhanced Vehicle Inspection and Maintenance (I/M) Requirement for the 

2008 Ozone NAAQS Serious Nonattainment Areas.

Dallas-Fort Worth and Houston-Galveston-Brazoria Ozone Nonattainment Areas.5/13/2020 9/8/2023 [Insert 

Federal Register 

citation].

[FR Doc. 2023–19377 Filed 9–7–23; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2003–0118; FRL–11349–01– 

OAR] 

RIN 2060–AG12 

Protection of Stratospheric Ozone: 

Determination 38 for Significant New 

Alternatives Policy Program 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Determination of acceptability. 

SUMMARY: This determination of 

acceptability expands the list of 

acceptable substitutes pursuant to the 

U.S. Environmental Protection Agency’s 

Significant New Alternatives Policy 

program. This action lists as acceptable 

additional substitutes for use in the 

refrigeration and air conditioning and 

fire suppression sectors. 

DATES: This determination is applicable 

on September 8, 2023. 

ADDRESSES: EPA established a docket 

for this action under Docket ID No. 

EPA–HQ–OAR–2003–0118 

(continuation of Air Docket A–91–42). 

All electronic documents in the docket 

are listed in the index at 

www.regulations.gov. Although listed in 

the index, some information is not 

publicly available, e.g., Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Publicly available 

docket materials are available either 

electronically at www.regulations.gov or 

in hard copy at the EPA Air Docket 

(Nos. A–91–42 and EPA–HQ–OAR– 

2003–0118), EPA Docket Center (EPA/ 

DC), William J. Clinton West, Room 

3334, 1301 Constitution Avenue NW, 

Washington, DC 20460. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the Air Docket is (202) 566– 

1742. For further information on EPA 

Docket Center services and the current 

status, please visit us online at 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sheppard by telephone at 

(202) 343–9163, by email at 

Sheppard.Margaret@epa.gov, or by mail 

at U.S. Environmental Protection 

Agency, Mail Code 6205A, 1200 

Pennsylvania Avenue NW, Washington, 

DC 20460. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Listing of New Acceptable Substitutes 

A. Refrigeration and Air Conditioning 

B. Fire Suppression and Explosion 

Protection 

Appendix A: Summary of Decisions for New 

Acceptable Substitutes 

I. Listing of New Acceptable Substitutes 

This action is listing as acceptable 

additional substitutes for use in the 

refrigeration and air conditioning and 

fire suppression sectors. This action 

presents EPA’s most recent decisions 

under the Significant New Alternatives 

Policy (SNAP) program to list as 

acceptable several substitutes in 

different end-uses. New substitutes are: 

• R–471A in retail food refrigeration, 

industrial process refrigeration, and 

cold storage warehouses (new 

equipment only); 

• R–515B in retail food refrigeration 

(refrigerated food processing and 

dispensing equipment, remote 

condensing units, and supermarket 

systems), commercial ice machines, and 

cold storage warehouses (new 

equipment only); 

• Powdered Aerosol I in total 

flooding fire suppression (both occupied 

and normally unoccupied areas). 

EPA’s review of certain substitutes 

listed in this document is pending for 

other end-uses. Listing decisions in the 

end-uses in this document do not 

prejudge EPA’s listings of these 

substitutes for other end-uses. While 

certain substitutes being added through 

this action to the acceptable lists for 

specific end-uses may have a higher risk 

in one or more SNAP criteria than 

certain other substitutes already listed 

as acceptable or acceptable subject to 

restrictions, they have a similar or lower 

overall risk than other acceptable 

substitutes in those end-uses. 

For additional information on SNAP, 

visit the SNAP portion of EPA’s Ozone 

Layer Protection website at: 

www.epa.gov/snap. Copies of the full 

lists of acceptable substitutes for ozonedepleting substances (ODS) in the 

industrial sectors covered by the SNAP 

program are available at www.epa.gov/ 

snap/substitutes-sector. For more 

information on the Agency’s process for 

administering the SNAP program or 

criteria for evaluation of substitutes, 

refer to the initial SNAP rulemaking 

published March 18, 1994 (59 FR 

13044), and the regulations codified at 

40 CFR part 82, subpart G. SNAP 

decisions and the appropriate Federal 

Register citations are found at: 

www.epa.gov/snap/snap-regulations. 

Under the SNAP program, EPA may list 

a substitute as acceptable for specified 

end-uses where the Agency has 

reviewed the substitute and found no 

reason to restrict or prohibit its use. 

Substitutes listed as unacceptable; 

acceptable, subject to narrowed use 

limits; or acceptable, subject to use 

conditions are also listed in the 

appendices to 40 CFR part 82, subpart 

G. 

The sections below discuss each 

substitute listing in detail and 

summarize the results of EPA’s 

assessment of the human health and 

environmental risks posed by each 

substitute. EPA’s evaluation considers 

the criteria at 40 CFR 82.180(a)(7), 

including: atmospheric effects and 

related health and environmental 

effects, ecosystem risks, consumer risks, 

flammability, and cost and availability 

of the substitute. When evaluating 

potential substitutes, EPA evaluates 

these criteria in risk screens, which are 

technical documents that evaluate risks 

to human health and the environment 

from substitutes in specific end-uses, 

including comparisons to other 

available substitutes and evaluations 

against relevant thresholds of risk 

starting with protective assumptions. 


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61978 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations 

1 IPCC, 2007: Climate Change 2007: The Physical 

Science Basis. Contribution of Working Group I to 

the Fourth Assessment Report of the 

Intergovernmental Panel on Climate Change 

[Solomon, S., Qin, D., Manning, M., Chen, Z., 

Marquis, M., Averyt, K.B., Tignor M., and Miller, 

H.L. (eds.)]. Cambridge University Press, 

Cambridge, United Kingdom and New York, NY, 

USA. This document is accessible at www.ipcc.ch/ 

publications_and_data/ar4/wg1/en/contents.html. 

2The AR4 100-year GWP values are consistent 

with the exchange values for the regulated 

hydrofluorocarbons (HFCs) listed in subsection (c) 

of the American Innovation and Manufacturing 

(AIM) Act and with Annexes A, C, and F of the 

Montreal Protocol on Substances that Deplete the 

Ozone Layer (Montreal Protocol). 

3WMO (World Meteorological Organization), 

Scientific Assessment of Ozone Depletion: 2022, 

GAW Report No. 278, 509 pp.; WMO: Geneva, 2022. 

Available at: https://ozone.unep.org/system/files/ 

documents/Scientific-Assessment-of-OzoneDepletion-2022.pdf. (WMO, 2022). In this action, 

the 100-year GWP values are used. 

4For example, there may be restrictions or 

prohibitions in regulations issued under section 610 

of the CAA at 40 CFR part 82 subpart C for 

nonessential products containing ODS, under the 

Toxic Substances Control Act, under the 

Occupation Safety and Health Act, and under State 

or local laws and regulations that warrant 

consideration. 

5WMO, 2022. 

6 Ibid. 

7Unless otherwise stated, all GWPs in this 

document for individual chemicals are 100-year 

values from IPCC’s Fourth Assessment Report 

(AR4), based upon the 100-year GWPs in IPCC, 

2007, if available, in that document. 

The risk screens cited in this document 

include evaluation of atmospheric 

effects, exposure assessments, toxicity 

data, flammability, and other 

environmental impacts such as 

ecotoxicity and local air quality 

impacts. Each of these analyses is 

described in more detail at 

www.epa.gov/snap/overview-snap. In 

this document, the global warming 

potentials (GWPs) for the substitutes are 

determined using the 100-year GWP 

values from the International Panel on 

Climate Change’s (IPCC) Fourth 

Assessment Report (AR4) 1 for all 

substances or components of blends.2

For substances for which no GWP is 

provided in AR4, the 100-year GWP 

listed in World Meteorological 

Organization (WMO) 2022 3 is used. 

Where a GWP value in the source 

document is preceded with a less than 

(<), very less than (<<), greater than (>), 

approximately (∼), or similar symbol, 

the numerical value from the source 

document is cited in this document. For 

blends of chemicals, such as the listed 

refrigerant blends, this document 

weights the GWPs of each component of 

the blend by their mass percentage in 

the blend. 

Appendix A contains tables 

summarizing each listing decision in 

this action. The statements in the 

‘‘Further Information’’ column in the 

tables provide additional information 

but these are not legally binding under 

section 612 of the Clean Air Act (CAA). 

Although you are not required to follow 

recommendations in the ‘‘Further 

Information’’ column of the table under 

section 612 of the CAA, some of these 

statements may refer to obligations that 

are enforceable or binding under 

Federal or State programs other than the 

SNAP program. The identification of 

other enforceable or binding 

requirements should not be construed as 

a comprehensive list of such 

obligations. In many instances, the 

information simply refers to standard 

operating practices in existing industry 

standards and/or building codes. When 

using these substitutes in the identified 

end-use, EPA strongly encourages you 

to apply the information in the ‘‘Further 

Information’’ column. Many of these 

recommendations, if adopted, would 

not require significant changes to 

existing operating practices. 

Under separate authority of 

subsection (i) of the American 

Innovation and Manufacturing (AIM) 

Act of 2020, EPA has proposed 

restrictions on higher-GWP 

hydrofluorocarbons (HFCs) in specific 

sectors and subsectors (December 15, 

2022; 87 FR 76738). The Agency notes 

that once that rule is finalized, it may 

restrict certain substitutes that are listed 

as acceptable under the SNAP program 

for some uses. Thus, an acceptable 

listing of a substitute under the SNAP 

program should not be considered full 

permission to use that substitute in all 

circumstances. Any restrictions under 

subsection (i) of the AIM Act, as well as 

other relevant authorities, must also be 

considered.4

You can find submissions to EPA for 

the substitutes listed in this document, 

as well as other materials supporting the 

decisions in this action, in Docket EPA– 

HQ–OAR–2003–0118 at 

www.regulations.gov. 

A. Refrigeration and Air Conditioning 

1. R–471A 

EPA’s decision: EPA finds R–471A 

acceptable as a substitute for use in: 

• Retail food refrigeration—stand-alone 

equipment (new equipment only) 

• Retail food refrigeration—refrigerated 

food processing and dispensing 

equipment (new equipment only) 

• Retail food refrigeration—remote 

condensing units (new equipment 

only) 

• Retail food refrigeration—supermarket 

systems (new equipment only) 

• Industrial process refrigeration (new 

equipment only) 

• Cold storage warehouses (new 

equipment only) 

R–471A, marketed under the trade 

name Solstice® 471A, is a weighted 

blend of 78.7 percent hydrofluoroolefin 

(HFO)–1234ze(E), which is also known 

as trans-1,3,3,3-tetrafluoroprop-1-ene; 

(Chemical Abstracts Service Registry 

Number [CAS Reg. No.] 29118–24–9); 

17.0 percent HFO–1336mzz(E), also 

known as trans-1,1,1,4,4,4-hexafluoro-2- 

butene (CAS Reg. No. 66711–86–2); and 

4.3 percent HFC–227ea, which is also 

known as 1,1,1,2,3,3,3- 

heptafluoropropane (CAS Reg. No. 431– 

89–0) . 

You may find a copy of the 

applicant’s submission, with CBI 

redacted, providing the required health 

and environmental information for this 

substitute in this end-use in Docket 

EPA–HQ–OAR–2003–0118 at 

www.regulations.gov under the name, 

‘‘Supporting Materials for Notice 38 

Listing of R–471A in Refrigeration and 

Air Conditioning. SNAP Submission 

Received December 8, 2021.’’ EPA 

performed assessments to examine the 

health and environmental risks of this 

substitute and the results are 

summarized below. These assessments 

are available in Docket EPA–HQ–OAR– 

2003–0118: 

• ‘‘Risk Screen on Substitutes in 

Retail Food Refrigeration (New 

Equipment). Substitute: R–471A 

(Solstice® N71).’’ 

• ‘‘Risk Screen on Substitutes in 

Industrial Process Refrigeration and 

Cold Storage Warehouses (New 

Equipment). Substitute: R–471A 

(Solstice® N71).’’ 

Environmental information: R–471A 

has an ozone depletion potential (ODP) 

of zero. Its components, HFO– 

1234ze(E), HFO–1336mzz(E), and HFC– 

227ea, have GWPs of one, 5 26,6 and 

3,220, respectively.7 If these values are 

weighted by mass percentage, then R– 

471A has a GWP of about 144. The 

components of R–471A are excluded 

from the EPA’s regulatory definition of 

volatile organic compounds (VOC) 

under CAA regulations (see 40 CFR 

51.100(s)) addressing the development 

of State implementation plans (SIPs) to 

attain and maintain the National 

Ambient Air Quality Standards 

(NAAQS). Knowingly venting or 

releasing this refrigerant blend is 

limited by the venting prohibition under 

section 608(c)(2) of the CAA, codified in 

EPA’s regulations at 40 CFR 82.154(a). 

Flammability information: R–471A is 

not flammable. The American Society of 

Heating, Refrigerating, and AirConditioning Engineers (ASHRAE) has 

assigned R–471A a flammability class of 


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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations 61979 

8ASHRAE Standard 34–2022, Designation and 

Safety Classification of Refrigerants. 

9 Ibid. 

‘‘1,’’ meaning it does not propagate a 

flame under standard test conditions.8

Toxicity and exposure data: Potential 

health effects of exposure to this 

substitute include drowsiness or 

dizziness. The substitute may also 

irritate the skin or eyes or cause 

frostbite. The substitute could cause 

asphyxiation if air is displaced by 

vapors in a confined space. These 

potential health effects are common to 

many refrigerants. 

ASHRAE has established an 

occupational exposure limit (OEL) for 

the blend of 710 ppm on an eight-hour 

time-weighted average (8-hr TWA).9 For 

the components of R–471A, the 

Workplace Environmental Exposure 

Limit (WEEL) Committee of the 

Occupational Alliance for Risk Science 

(OARS) has established a WEEL of 400 

ppm on an 8-hr TWA for HFO– 

1336mzz(E) and ASHRAE has 

established OELs of 800 ppm and 1,000 

ppm on an 8-hr TWA for HFO– 

1234ze(E) and HFC–227ea, respectively. 

EPA anticipates that users will be able 

to meet these workplace guidance limits 

and address potential health risks by 

following recommendations in the 

manufacturer’s safety data sheet (SDS), 

ASHRAE Standard 15, and other safety 

precautions common to the refrigeration 

and air conditioning industry. 

Comparison to other substitutes in 

these end-uses: R–471A has an ODP of 

zero, comparable to or less than other 

listed substitutes in these end-uses with 

ODPs ranging from zero to less than 

0.0004. 

For new remote condensing units and 

supermarket systems, R–471A’s GWP of 

about 144 is lower than that of other 

acceptable substitutes for new 

equipment such as R–450A (GWP of 

601), R–513A (GWP of 630), R–407A 

(GWP of 2,110), and R–421A (GWP of 

2,630). R–471A’s GWP of about 144 is 

higher than that of other acceptable 

substitutes for new equipment such as 

ammonia vapor compression in a 

secondary loop (GWP of zero) and 

carbon dioxide (CO2) (GWP of one). 

There may be situations in which 

ammonia or CO2 may not be feasible for 

new remote condensing units and 

supermarket systems or are restricted by 

local laws and building codes and 

standards, particularly for smaller 

equipment used in a public area. 

For stand-alone equipment, R–471A’s 

GWP of about 144 is lower than that of 

other acceptable substitutes for new 

equipment such as R–450A (GWP of 

601) and R–513A (GWP of 630). R– 

471A’s GWP of about 144 is higher than 

that of other acceptable substitutes for 

new equipment such as ammonia vapor 

compression in a secondary loop (GWP 

of zero), CO2 (GWP of one), and propane 

(GWP of three). There may be situations 

in which ammonia in a secondary loop, 

CO2, or larger charges of propane may 

not be feasible or are restricted by local 

laws and building codes and standards 

because of flammability or toxicity. 

For refrigerated food processing and 

dispensing equipment, R–471A’s GWP 

of about 144 is comparable to or lower 

than that of other acceptable substitutes 

for new equipment such as R–450A 

(GWP of 601), R–513A (GWP of 630), 

HFC–134a (GWP of 1,430), and R–426A 

(GWP of 1,510). R–471A’s GWP of about 

144 is higher than that of other 

acceptable substitutes for new 

equipment such as ammonia vapor 

compression in a secondary loop (GWP 

of zero) and CO2 (GWP of one). There 

may be situations in which ammonia in 

a secondary loop or CO2 may not be 

feasible for new refrigerated food 

processing and dispensing equipment or 

are restricted by local laws and building 

codes and standards, due to 

flammability and toxicity. 

For industrial process refrigeration, 

R–471A’s GWP of about 144 is 

comparable to or lower than that of 

other acceptable substitutes for new 

equipment such as R–450A (GWP of 

601), R–513A (GWP of 630), R–404A 

(GWP of 3,920) and R–508B (GWP of 

13,400). R–471A’s GWP of about 144 is 

higher than that of other acceptable 

substitutes for new equipment such as 

ammonia absorption (GWP of zero), CO2

(GWP of one), and propane (GWP of 

three). There may be situations in which 

ammonia, CO2, or propane may not be 

feasible for new industrial process 

refrigeration equipment, e.g., because of 

temperature range, or are restricted by 

local laws and building codes and 

standards, due to flammability and 

toxicity. 

For cold storage warehouses, R– 

471A’s GWP of about 144 is comparable 

to or lower than that of other acceptable 

substitutes for new equipment such as 

R–450A (GWP of 601), R–513A (GWP of 

630), and R–407F (GWP of 1,820). R– 

471A’s GWP of about 144 is higher than 

that of other acceptable substitutes for 

new equipment such as ammonia 

absorption (GWP of zero) and CO2 (GWP 

of one). There may be situations in 

which ammonia or CO2 may not be 

feasible for new cold storage 

warehouses or are restricted by local 

laws and building codes and standards, 

particularly for smaller equipment. 

Flammability and toxicity risks are 

comparable to or lower than 

flammability and toxicity risks of other 

available substitutes in the same enduses. Toxicity risks can be minimized 

by use consistent with the OARS WEEL 

and ASHRAE OELs, ASHRAE 15, and 

other industry standards, 

recommendations in the manufacturer’s 

SDS, and other safety precautions 

common in the refrigeration and air 

conditioning industry. 

EPA finds R–471A acceptable in the 

retail food refrigeration (new equipment 

only)—refrigerated food processing and 

dispensing equipment, remote 

condensing units, stand-alone units, and 

supermarket systems; industrial process 

refrigeration (new equipment only); and 

cold storage warehouses (new 

equipment only) end-uses because it 

does not pose greater overall 

environmental and human health risk 

than other available substitutes in the 

same end-uses. 

2. R–515B 

EPA’s decision: EPA finds R–515B 

acceptable as a substitute for use in: 

• Retail food refrigeration—refrigerated 

food processing and dispensing 

equipment (new equipment only) 

• Retail food refrigeration—remote 

condensing units (new equipment 

only) 

• Retail food refrigeration—supermarket 

systems (new equipment only) 

• Commercial ice machines (new 

equipment only) 

• Cold storage warehouses (new 

equipment only) 

R–515B is a weighted blend of 91.1 

percent HFO–1234ze(E), which is also 

known as trans-1,3,3,3-tetrafluoroprop1-ene (CAS Reg. No. 29118–24–9), and 

8.9 percent HFC–227ea, also known as 

1,1,1,2,3,3,3-heptafluoropropane (CAS 

Reg. No. 431–89–0). 

You may find a copy of the 

applicant’s submissions, with CBI 

redacted, providing the required health 

and environmental information for this 

substitute in these end-uses in Docket 

EPA–HQ–OAR–2003–0118 at 

www.regulations.gov under the names, 

‘‘Supporting Materials for Notice 38 

Listing of R–515B in Refrigeration and 

Air Conditioning. SNAP Submission 

Received May 28, 2020’’ and 

‘‘Supporting Materials for Notice 38 

Listing of R–515B in Refrigeration and 

Air Conditioning. SNAP Submission 

Received December 10, 2021.’’ EPA 

performed assessments to examine the 

health and environmental risks of this 

substitute and the results are 

summarized below. These assessments 

are available in Docket EPA–HQ–OAR– 

2003–0118: 

• ‘‘Risk Screen on Substitutes in 

Retail Food Refrigeration—Refrigerated 


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61980 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations 

10WMO, 2022. 

11ASHRAE Standard 34–2022, Designation and 

Safety Classification of Refrigerants. 

12 Ibid. 

13EPA is a member of NFPA’s standard-setting 

committee in developing NFPA 2010 and provides 

relevant health information for that document. 

Food Processing and Dispensing 

Equipment (New Equipment). 

Substitute: R–515B (Solstice® N15).’’ 

• ‘‘Risk Screen on Substitutes in 

Retail Food Refrigeration—Supermarket 

Systems and Remote Condensing Units 

(New Equipment). Substitute: R–515B 

(Solstice® N15).’’ 

• ‘‘Risk Screen on Substitutes in 

Commercial Ice Machines (New 

Equipment). Substitute: R–515B 

(Solstice® N15).’’ 

• ‘‘Risk Screen on Substitutes in Cold 

Storage Warehouses (New Equipment). 

Substitute: R–515B (Solstice® N15).’’ 

Environmental information: R–515B 

has an ODP of zero. Its components, 

HFO–1234ze(E) and HFC–227ea, have a 

GWP of one 10 and 3,220, respectively. 

If these values are weighted by mass 

percentage, then R–515B has a GWP of 

about 287. The components of R–515B 

are excluded from the EPA’s regulatory 

definition of VOC under CAA 

regulations (see 40 CFR 51.100(s)) 

addressing the development of SIPs to 

attain and maintain the NAAQS. 

Knowingly venting or releasing this 

refrigerant blend is limited by the 

venting prohibition under section 

608(c)(2) of the CAA, codified at 40 CFR 

82.154(a)(1). 

Flammability information: R–515B is 

not flammable. ASHRAE has assigned 

R–515B a flammability class of ‘‘1.’’ 11

Toxicity and exposure data: Potential 

health effects of exposure to this 

substitute include drowsiness or 

dizziness. The substitute may also 

irritate the skin or eyes or cause 

frostbite. The substitute could cause 

asphyxiation if air is displaced by 

vapors in a confined space. These 

potential health effects are common to 

many refrigerants. 

ASHRAE has established OELs of 800 

ppm and 1000 ppm as an 8-hr TWA for 

HFO–1234ze(E) and HFC–227ea, 

respectively. For the R–515B blend 

itself, ASHRAE recommends an OEL of 

810 ppm.12 EPA anticipates that users 

will be able to meet each of the OELs 

and address potential health risks by 

following recommendations in the 

manufacturer’s SDS, in ASHRAE 

Standard 15, and other safety 

precautions common to the refrigeration 

and air conditioning industry. 

Comparison to other substitutes in 

these end-uses: R–515B has an ODP of 

zero, comparable to or less than other 

listed substitutes in these end-uses, with 

ODPs ranging from zero to less than 

0.0004. 

For refrigerated food processing and 

dispensing equipment, R–515B’s GWP 

of about 287 is comparable to or lower 

than that of other acceptable substitutes 

for new equipment such as R–450A 

(GWP of 601), R–513A (GWP of 630), 

HFC–134a (GWP of 1,430), and R–426A 

(GWP of 1,510). R–515B’s GWP of about 

287 is higher than that of other 

acceptable substitutes for new 

equipment such as ammonia vapor 

compression in a secondary loop (GWP 

of zero) and CO2 (GWP of one). There 

may be situations in which ammonia in 

a secondary loop or CO2 may not be 

feasible for new refrigerated food 

processing and dispensing equipment or 

are restricted by local laws and building 

codes and standards, due to 

flammability and toxicity. 

For remote condensing units and 

supermarket systems, R–515B’s GWP of 

about 287 is comparable to or lower 

than that of other acceptable substitutes 

for new equipment such as R–450A 

(GWP of 601), R–513A (GWP of 630), R– 

407A (GWP of 2,110), and R–421A 

(GWP of 2,630). R–515B’s GWP of about 

287 is higher than that of other 

acceptable substitutes for new 

equipment such as ammonia vapor 

compression in a secondary loop (GWP 

of zero) and CO2 (GWP of one). There 

may be situations in which ammonia or 

CO2 may not be feasible for new remote 

condensing units and supermarket 

systems or are restricted by local laws 

and building codes and standards, 

particularly for smaller equipment used 

in a public area. 

For commercial ice machines, R– 

515B’s GWP of about 287 is comparable 

to or lower than that of other acceptable 

substitutes for new equipment, such as 

R–513A (GWP of 630), R–449B (GWP of 

1,410), R–410A (GWP of 2,090), R–404A 

(GWP of 3,920), and R–507A (GWP of 

3,990). R–515B’s GWP of about 287 is 

higher than that of other acceptable 

substitutes for new equipment such as 

ammonia vapor compression in a 

secondary loop (GWP of zero), CO2

(GWP of one), and propane (GWP of 

three). There may be situations in which 

ammonia in a secondary loop, CO2, or 

larger charges of propane may not be 

feasible or are restricted by local laws 

and building codes and standards 

because of flammability or toxicity. 

For cold storage warehouses, R– 

515B’s GWP of about 287 is comparable 

to or lower than that of other acceptable 

substitutes for new equipment such as 

R–450A (GWP of 601), R–513A (GWP of 

630), and R–407F (GWP of 1,820). R– 

515B’s GWP of about 287 is higher than 

that of other acceptable substitutes for 

new equipment such as ammonia 

absorption (GWP of zero) and CO2 (GWP 

of one). There may be situations in 

which ammonia or CO2 may not be 

feasible for new cold storage 

warehouses or are restricted by local 

laws and building codes and standards, 

particularly for smaller equipment. 

Flammability and toxicity risks are 

comparable to or lower than 

flammability and toxicity risks of other 

available substitutes in the same enduses. Toxicity risks can be minimized 

by use consistent with the ASHRAE 

OELs, ASHRAE 15, and other industry 

standards, recommendations in the 

manufacturer’s SDS, and other safety 

precautions common in the refrigeration 

and air conditioning industry. 

EPA finds R–515B acceptable in the 

end-uses listed above because it does 

not pose greater overall environmental 

and human health risk than other 

available substitutes in the same enduses. 

B. Fire Suppression and Explosion 

Protection 

1. Powdered Aerosol I (GreenSol) 

EPA’s decision: EPA finds Powdered 

Aerosol I acceptable as a substitute for: 

• Total flooding uses, both occupied 

and normally unoccupied spaces 

Powdered Aerosol I is prepared as a 

solid material that generates, by a 

combustion process, a powdered aerosol 

that acts chemically and physically to 

extinguish fires. Based on review of 

information from the submitter that 

supports the safe use of the powdered 

aerosol in normally occupied spaces, 

EPA determines that Powdered Aerosol 

I is acceptable for use in total flooding 

systems for both occupied and normally 

unoccupied spaces. In the ‘‘Further 

Information’’ column of the tables 

summarizing today’s listing decisions 

and found at the end of this document, 

we state that use of this agent should be 

used in accordance with the safety 

guidelines in the latest edition of the 

National Fire Protection Association 

(NFPA) 2010 Standard for Aerosol 

Extinguishing Systems. Although EPA is 

not requiring use conditions on the use 

of Powdered Aerosol I, we believe that 

the fire suppression industry will use 

this agent safely because the NFPA 2010 

Standard establishes health and safety 

requirements for its use 13 and because 

of the acceptable level of toxicity of this 

substitute (see below under ‘‘Toxicity 

and exposure data).’’ 

You may find the redacted 

submission in Docket EPA–HQ–OAR– 

2003–0118 at www.regulations.gov 


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14For SF6, the substitute with the highest GWP, 

the SNAP listing finds SF6 as ‘‘acceptable subject 

to narrowed use limits.’’ 

under the name, ‘‘Supporting 

Documentation for Notice 38 Listing of 

Powdered Aerosol I (GreenSol) in Fire 

Suppression. SNAP Submission 

Received December 1, 2020.’’ EPA 

performed an assessment to examine the 

health and environmental risks of this 

substitute and the results are 

summarized below. This assessment is 

available in Docket EPA–HQ–OAR– 

2003–0118: 

• ‘‘Risk Screen on Substitutes in Total 

Flooding Systems in Normally 

Occupied Spaces. Substitute: Powdered 

Aerosol I (GreenSol).’’ 

Environmental information: The 

active ingredients of Powdered Aerosol 

I are solids both before and after use; 

thus, their ODP and GWP are both zero. 

The gaseous post-activation products for 

Powdered Aerosol I also have zero ODP 

and those released with GWPs are 

carbon monoxide (CO) and CO2 with 

GWPs of three or less. The remaining 

gaseous post-activation products either 

have no GWP or are present only in 

trace amounts. Further, the remaining 

gaseous post-activation products are not 

organic, and thus are excluded from the 

EPA’s regulatory definition of VOC 

under CAA regulations (see 40 CFR 

51.100(s)) addressing the development 

of SIPs to attain and maintain the 

NAAQS. The solid active ingredients 

and particulate post-activation products 

have no ODP or GWP, do not participate 

in atmospheric photochemical 

reactions, and are inorganic compounds 

that are not VOC. 

Flammability information: Powdered 

Aerosol I’s post-activation products are 

nonflammable. 

Toxicity and exposure data: Because 

the fire suppressant precursors are 

prepared as solids that are not reactive 

and do not crumble or flake, inhalation 

or ingestion of the pre-activation 

compounds is not likely. Exposure to 

Powdered Aerosol I after activation may 

cause temporary, mild irritation of the 

mucous membrane. If eye or skin 

contact occurs, end users should flush 

eyes with water or wash skin with soap 

and water. If inhaled, end users should 

be removed and exposed to fresh air. 

Exposure to the post-discharge products 

is expected to be below the relevant 

workplace exposure limits for those 

compounds. Because it is housed in a 

hermetically sealed container, exposure 

should not occur unless the system is 

activated. 

The post-activation components of the 

proposed substitute are common 

compounds that are not expected to 

exceed immediately dangerous to life or 

health (IDLH) levels from the National 

Institute for Occupational Safety and 

Health (NIOSH) that apply to 

occupational and end-use exposure. 

Information on additional safety 

recommendations: The discharge of the 

aerosol results in a reduction of 

visibility in the protected space due to 

the uniform distribution of the 

particulate generated. EPA recommends 

use in accordance with the NFPA 2010 

standard to reduce any safety risks due 

to reduced visibility. In addition, EPA 

recommends that cross-zone detection 

systems and abort switches located near 

an exit from the protected space be 

employed; improved detection systems 

within the protected space and manual 

abort switches outside of the space 

could help avoid inadvertent discharge. 

The use of appropriate safety and 

protective equipment (e.g., protective 

gloves, tightly sealed goggles, protective 

work clothing, and particulate-removing 

respirators using NIOSH type N95 or 

better filters) consistent with U.S. 

Occupational Safety and Health 

Administration (OSHA) guidelines 

minimizes personnel exposure from 

inhalation of the substitute. 

EPA provides additional information 

on safe use of this substitute for 

establishments manufacturing, 

installing and maintaining equipment 

using this agent in the ‘‘Further 

Information’’ column of the tables 

summarizing the listing decisions in 

this document. EPA encourages users of 

substitutes to apply all statements in the 

‘‘Further Information’’ column in their 

use of this substitute as best practices 

for safer use. In many instances, the 

information simply refers to standard 

operating practices in existing industry 

standards and/or building codes, which 

if adopted, would not require significant 

changes to existing operating practices. 

EPA expects that procedures 

identified in the SDS for Powdered 

Aerosol I and good manufacturing 

practices will be adhered to, and that 

the appropriate safety and personal 

protective equipment (PPE) consistent 

with OSHA guidelines will be used 

during installation, servicing, postdischarge clean-up and disposal of total 

flooding systems using Powdered 

Aerosol I. The manufacturer should 

provide guidance upon installation of 

the system regarding the appropriate 

time after which workers may re-enter 

the area for disposal to allow the 

maximum settling of all particulates. 

Comparison to other substitutes in 

this end-use: Powdered Aerosol I has an 

ODP of zero, comparable to other listed 

substitutes in this end-use, with ODPs 

ranging from zero to 0.048. 

For total flooding agents, Powdered 

Aerosol I’s GWP of zero (and one to 

three for certain post-activation 

products) is lower than that of other 

acceptable substitutes, such as HFC– 

227ea (GWP of 2,220) and other 

substitutes with GWPs up to 22,800.14

Other acceptable substitutes in this enduse have comparable GWPs ranging 

from zero to one, such as water, inert 

gases, and a number of other powdered 

aerosol fire suppressants. 

Toxicity risks can be minimized by 

use consistent with the NFPA 2010 

standard, recommendations in the SDS, 

and other safety precautions common in 

the fire suppression industry. The 

potential toxicity risks due to inhalation 

exposure are common to many total 

flooding agents, including those already 

listed as acceptable under SNAP for this 

same end-use. Powdered Aerosol I’s 

post-activation products are 

nonflammable, as are all other available 

total flooding agents. 

EPA finds Powdered Aerosol I 

acceptable in the end-use listed above 

because it does not pose greater overall 

environmental and human health risk 

than other available substitutes in the 

same end-use. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Reporting and 

recordkeeping requirements. 

Paul M. Gunning, 

Director, Office of Atmospheric Protection, 

Office of Air and Radiation. 

Appendix A—Summary of Decisions 

for New Acceptable Substitutes 


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61982 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations 

REFRIGERATION AND AIR CONDITIONING

End-use Substitute Decision Further information 1

Retail food refrigeration— 

stand-alone equipment 

(new equipment only).

R–471A ............ Acceptable ........ This substitute is a blend of HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene (Chemical Abstracts Service Registry Number 

[CAS Reg. No.] 29118–24–9); HFO–1336mzz(E), also known as trans1,1,1,4,4,4-hexafluoro-2-butene (CAS Reg. No. 66711–86–2); and HFC– 

227ea, also known as 1,1,1,2,3,3,3-heptafluoropropane (CAS Reg. No. 

431–89–0). 

R–471A has a 100-year global warming potential (GWP) of 144. 

The blend is not flammable. 

The American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) has established an occupational exposure limit (OEL) of 

710 ppm on an 8-hr TWA for R–471A, as well as OELs of 800 ppm for 

HFO–1234ze(E) and 1,000 ppm for HFC–227ea on an eight-hour timeweighted average (8-hr TWA). 

The Occupational Alliance for Risk Science (OARS) has established a Workplace Environmental Exposure Limit (WEEL) of 400 ppm on an 8-hr TWA 

for HFO–1336mzz(E). 

Retail food refrigeration— 

refrigerated food processing and dispensing 

equipment (new equipment only).

R–471A ............ Acceptable ........ This substitute is a blend of HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118–24–9); HFO– 

1336mzz(E), also known as trans-1,1,1,4,4,4-hexafluoro-2-butene (CAS 

Reg. No. 66711–86–2); and HFC–227ea, also known as 1,1,1,2,3,3,3- 

heptafluoropropane (CAS Reg. No. 431–89–0). 

R–471A has a GWP of 144. 

The blend is not flammable. 

ASHRAE has established an OEL of 710 ppm on an 8-hr TWA for R–471A, 

as well as OELs of 800 ppm for HFO–1234ze(E) and 1,000 ppm for HFC– 

227ea on an 8-hr TWA. 

OARS has established a WEEL of 400 ppm on an 8-hr-TWA for HFO– 

1336mzz(E). 

Retail food refrigeration— 

refrigerated food processing and dispensing 

equipment (new equipment only).

R–515B ............ Acceptable ........ This substitute is a blend of HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118–24–9) and HFC– 

227ea, also known as 1,1,1,2,3,3,3-heptafluoropropane (CAS Reg. No. 

431–89–0). 

R–515B has a GWP of 287. 

The blend is not flammable. 

ASHRAE has established an OEL of 810 ppm on an 8-hr TWA for R–515B, 

as well as OELs of 800 ppm for HFO–1234ze(E) and 1,000 ppm HFC– 

227ea on an 8-hr TWA. 

Retail food refrigeration— 

remote condensing units 

(new equipment only).

R–471A ............ Acceptable ........ This substitute is a blend of HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118–24–9); HFO– 

1336mzz(E), also known as trans-1,1,1,4,4,4-hexafluoro-2-butene (CAS 

Reg. No. 66711–86–2); and HFC–227ea, also known as 1,1,1,2,3,3,3- 

heptafluoropropane (CAS Reg. No. 431–89–0). 

R–471A has a GWP of 144. 

The blend is not flammable. 

ASHRAE has established an OEL of 710 ppm on an 8-hr TWA for R–471A, 

as well as OELs of 800 ppm for HFO–1234ze(E) and 1,000 ppm for HFC– 

227ea on an 8-hr TWA. 

OARS has established a WEEL of 400 ppm on an 8-hr-TWA for HFO– 

1336mzz(E). 

Retail food refrigeration— 

remote condensing units 

(new equipment only).

R–515B ............ Acceptable ........ This substitute is a blend of HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118–24–9) and HFC– 

227ea, also known as 1,1,1,2,3,3,3-heptafluoropropane (CAS Reg. No. 

431–89–0). 

R–515B has a GWP of 287. 

The blend is not flammable. 

ASHRAE has established an OEL of 810 ppm on an 8-hr TWA for R–515B, 

as well as OELs of 800 ppm for HFO–1234ze(E) and 1,000 ppm HFC– 

227ea on an 8-hr TWA. 

Retail food refrigeration— 

supermarket systems 

(new equipment only).

R–471A ............ Acceptable ........ This substitute is a blend of HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118–24–9); HFO– 

1336mzz(E), also known as trans-1,1,1,4,4,4-hexafluoro-2-butene (CAS 

Reg. No. 66711–86–2); and HFC–227ea, also known as 1,1,1,2,3,3,3- 

heptafluoropropane (CAS Reg. No. 431–89–0). 

R–471A has a GWP of 144. 

The blend is not flammable. 

ASHRAE has established an OEL of 710 ppm on an 8-hr TWA for R–471A, 

as well as OELs of 800 ppm for HFO–1234ze(E) and 1,000 ppm for HFC– 

227ea on an 8-hr TWA. 

OARS has established a WEEL of 400 ppm on an 8-hr-TWA for HFO– 

1336mzz(E). 


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Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations 61983 

REFRIGERATION AND AIR CONDITIONING—Continued 

End-use Substitute Decision Further information 1

Retail food refrigeration— 

supermarket systems 

(new equipment only).

R–515B ............ Acceptable ........ This substitute is a blend of HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118–24–9) and HFC– 

227ea, also known as 1,1,1,2,3,3,3-heptafluoropropane (CAS Reg. No. 

431–89–0). 

R–515B has a GWP of 287. 

The blend is not flammable. 

ASHRAE has established an OEL of 810 ppm on an 8-hr TWA for R–515B, 

as well as OELs of 800 ppm for HFO–1234ze(E) and 1,000 ppm HFC– 

227ea on an 8-hr TWA. 

Industrial process refrigeration (new equipment 

only).

R–471A ............ Acceptable ........ This substitute is a blend of HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118–24–9); HFO– 

1336mzz(E), also known as trans-1,1,1,4,4,4-hexafluoro-2-butene (CAS 

Reg. No. 66711–86–2); and HFC–227ea, also known as 1,1,1,2,3,3,3- 

heptafluoropropane (CAS Reg. No. 431–89–0). 

R–471A has a GWP of 144. 

The blend is not flammable. 

ASHRAE has established an OEL of 710 ppm on an 8-hr TWA for R–471A, 

as well as OELs of 800 ppm for HFO–1234ze(E) and 1,000 ppm for HFC– 

227ea on an 8-hr TWA. 

OARS has established a WEEL of 400 ppm on an 8-hr-TWA for HFO– 

1336mzz(E). 

Commercial ice machines 

(new equipment only).

R–515B ............ Acceptable ........ This substitute is a blend of HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118–24–9) and HFC– 

227ea, also known as 1,1,1,2,3,3,3-heptafluoropropane (CAS Reg. No. 

431–89–0). 

R–515B has a GWP of 287. 

The blend is not flammable. 

ASHRAE has established an OEL of 810 ppm on an 8-hr TWA for R–515B, 

as well as OELs of 800 ppm for HFO–1234ze(E) and 1,000 ppm HFC– 

227ea on an 8-hr TWA. 

Cold storage warehouses 

(new equipment only).

R–471A ............ Acceptable ........ This substitute is a blend of HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118–24–9); HFO– 

1336mzz(E), also known as trans-1,1,1,4,4,4-hexafluoro-2-butene (CAS 

Reg. No. 66711–86–2); and HFC–227ea, also known as 1,1,1,2,3,3,3- 

heptafluoropropane (CAS Reg. No. 431–89–0). 

R–471A has a GWP of 144. 

The blend is not flammable. 

ASHRAE has established an OEL of 710 ppm on an 8-hr TWA for R–471A, 

as well as OELs of 800 ppm for HFO–1234ze(E) and 1,000 ppm for HFC– 

227ea on an 8-hr TWA. 

OARS has established a WEEL of 400 ppm on an 8-hr-TWA for HFO– 

1336mzz(E). 

Cold storage warehouses 

(new equipment only).

R–515B ............ Acceptable ........ This substitute is a blend of HFO–1234ze(E), which is also known as trans1,3,3,3-tetrafluoroprop-1-ene (CAS Reg. No. 29118–24–9) and HFC– 

227ea, also known as 1,1,1,2,3,3,3-heptafluoropropane (CAS Reg. No. 

431–89–0). 

R–515B has a GWP of 287. 

The blend is not flammable. 

ASHRAE has established an OEL of 810 ppm on an 8-hr TWA for R–515B, 

as well as OELs of 800 ppm for HFO–1234ze(E) and 1,000 ppm HFC– 

227ea on an 8-hr TWA. 

1See recommendations in the manufacturer’s safety data sheet (SDS) and guidance for all listed refrigerants. 

FIRE SUPPRESSION

End-use Substitute Decision Further information 

Total flooding .................... Powdered Aerosol I.Acceptable ........ EPA recommends the use of this agent in accordance with the safety guidelines in the latest edition of the National Fire Protection Association (NFPA) 

2010 standard for Aerosol Extinguishing Systems. 

For establishments manufacturing the agent or filling, installing, or servicing 

containers or systems to be used in total flooding applications, EPA recommends the following: 

—the appropriate safety and personal protective equipment (PPE) (e.g., protective gloves, tightly sealed goggles, protective work clothing, and particulate-removing respirators with National Institute for Occupational Safety and 

Health (NIOSH) type N95 or better filters) consistent with Occupational 

Safety and Health Administration (OSHA) guidelines and requirements 

must be used during manufacture, installation, servicing, and disposal of 

total flooding systems using the agent; 


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61984 Federal Register / Vol. 88, No. 173 / Friday, September 8, 2023 / Rules and Regulations 

FIRE SUPPRESSION—Continued 

End-use Substitute Decision Further information 

—adequate ventilation should be in place to reduce airborne exposure to 

constituents of agent; 

—an eye wash fountain and quick drench facility should be close to the production area; 

—training for safe handling procedures should be provided to all employees 

that would be likely to handle containers of the agent or extinguishing units 

filled with the agent; 

—workers responsible for clean-up should allow for maximum settling of all 

particulates before reentering area and wear appropriate personal protective equipment; and 

—all spills should be cleaned up immediately in accordance with good industrial hygiene practices. 

As required by the manufacturer, units installed in normally occupied spaces 

will be equipped with features such as a system-isolate switch and crosszone detection system to reduce risk of accidental activation of an agent 

generator while persons are present in the protected space. Also, the manufacturer requires warning of pending discharge and delay in release to ensure egress prior to activation of the agent to reduce risk of exposure. 

See additional notes 1, 2, 3, 4, 5. 

1EPA recommends that users consult Section VIII of the OSHA Technical Manual for information on selecting the appropriate types of personal protective equipment for all listed fire suppression agents. EPA has no intention of duplicating or displacing OSHA coverage related to the 

use of personal protective equipment (e.g., respiratory protection), fire suppression, hazard communication, worker training or any other occupational safety and health standard with respect to halon substitutes. 2 Use of all listed fire suppression agents should conform to relevant OSHA requirements, including 29 CFR part 1910, subpart L, §§ 1910.160 

and 1910.162. 3Per OSHA requirements, protective gear (SCBA) should be available in the event personnel should reenter the area. 

4 Discharge testing should be strictly limited to that which is essential to meet safety or performance requirements. 

5The agent should be recovered from the fire suppression system in conjunction with testing or servicing and recycled for later use or 

destroyed. 

[FR Doc. 2023–19340 Filed 9–7–23; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 140501394–5279–02; RTID 

0648–XD317] 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; ReOpening of the Commercial Sector for 

Blueline Tilefish in the South Atlantic 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; re-opening. 

SUMMARY: NMFS announces the reopening of the commercial sector for 

blueline tilefish in the exclusive 

economic zone (EEZ) of the South 

Atlantic through this temporary rule. 

The most recent data for commercial 

landings of blueline tilefish indicate the 

commercial annual catch limit (ACL) for 

the 2023 fishing year has not yet been 

reached. Therefore, NMFS re-opens the 

commercial sector to harvest blueline 

tilefish in the South Atlantic EEZ for 6 

days. The purpose of this temporary 

rule is to allow for the commercial ACL 

of blueline tilefish to be harvested while 

minimizing the risk of exceeding the 

commercial ACL. 

DATES: This temporary rule is effective 

from 12:01 a.m. eastern time on 

September 11, 2023, through September 

16, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, email: 

mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery of the South 

Atlantic includes blueline tilefish and is 

managed under the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (FMP). The FMP was prepared 

by the South Atlantic Fishery 

Management Council (Council) and is 

implemented by NMFS under the 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act) by 

regulations at 50 CFR part 622. All 

weights in this temporary rule are given 

in round weight. 

Regulations at 50 CFR 622.193(z)(1)(i) 

specify the commercial ACL for blueline 

tilefish of 117,148 lb (53,137 kg), and 

the commercial accountability measure 

for blueline tilefish. NMFS is required 

to close the commercial sector when its 

ACL is reached, or is projected to be 

reached, by filing a notification to that 

effect with the Office of the Federal 

Register. Recently in this 2023 fishing 

year, NMFS projected that commercial 

landings of blueline tilefish would reach 

the commercial ACL on August 2, 2023, 

and therefore closed commercial harvest 

for the rest of the year on that date (88 

FR 50806, August 2, 2023). However, a 

recent update of commercial landings 

data indicates that the commercial ACL 

for blueline tilefish was not reached on 

August 2, 2023. 

In accordance with 50 CFR 622.8(c), 

NMFS temporarily re-opens the 

commercial sector for blueline tilefish 

on September 11, 2023. The commercial 

sector will be open for 6 days or through 

September 16, 2023, to allow for the 

commercial ACL to be reached. The 

commercial sector will close again on 

September 17, 2023, and remain closed 

until January 1, 2024, the start of the 

next fishing year. NMFS has determined 

that this re-opening will allow for an 

additional opportunity to commercially 

harvest blueline tilefish while reducing 

the risk of exceeding the commercial 

ACL. 

The operator of a vessel with a valid 

Federal commercial vessel permit for 

South Atlantic snapper-grouper with 

blueline tilefish on the vessel must have 

landed and bartered, traded, or sold 

such blueline tilefish before September 

17, 2023. During the subsequent 

commercial closure from September 17 

through the rest of 2023, all sale or 


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