16990 Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 

E. Executive Order 13132: Federalism 

This proposed rule does not have 

federalism implications. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government, as specified in 

Executive Order 13132. This regulation 

applies directly to facilities that use 

these substances and not to 

governmental entities. Thus, Executive 

Order 13132 does not apply to this rule. 

In the spirit of Executive Order 13132, 

and consistent with EPA policy to 

promote communications between EPA 

and State and local governments, EPA 

specifically solicits comment on this 

proposed action from State and local 

officials. 

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). It does not significantly or 

uniquely affect the communities of 

Indian tribal governments, because this 

regulation applies directly to facilities 

that use these substances and not to 

governmental entities. Thus, Executive 

Order 13175 does not apply to this 

action. 

EPA specifically solicits additional 

comment on this proposed action from 

tribal officials. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

Executive Order 13045: ‘‘Protection of 

Children from Environmental Health 

Risks and Safety Risks’’ (62 FR 19885, 

April 23, 1997) applies to any rule that: 

(1) is determined to be ‘‘economically 

significant’’ as defined under Executive 

Order 12866, and (2) concerns an 

environmental health or safety risk that 

EPA has reason to believe may have a 

disproportionate effect on children. If 

the regulatory action meets both criteria, 

the Agency must evaluate the 

environmental health or safety effects of 

the planned rule on children, and 

explain why the planned regulation is 

preferable to other potentially effective 

and reasonably feasible alternatives 

considered by the Agency. 

This proposed rule is not 

economically significant as defined in 

Executive Order 12866, and the Agency 

does not have reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. This 

action concerns only use of a specific 

fitting that may reduce technician’s 

exposure in the course of professional 

servicing of MVAC systems. Therefore, 

we did not conduct further health or 

risk assessments beyond those in the 

original rulemaking (March 29, 2011; 76 

FR 17488). This rule is not subject to 

Executive Order 13045 because it is not 

economically significant as defined in 

Executive Order 12866 and because the 

Agency does not have reason to believe 

the environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

The public is invited to submit 

comments or identify peer-reviewed 

studies and data that assess effects of 

early life exposure to HFO-1234yf. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer and 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (NTTAA), Public Law 104– 

113, Section 12(d) (15 U.S.C. 272 note) 

directs EPA to use voluntary consensus 

standards in 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 rulemaking involves technical 

standards. EPA proposes to use SAE 

International’s most recent version of 

the SAE J2844 standard, ‘‘R-1234yf 

(HFO-1234yf) New Refrigerant Purity 

and Container Requirements for Use in 

Mobile Air-Conditioning Systems.’’ This 

standard can be obtained from http:// 

www.sae.org/technical/standards/. This 

standard addresses, among other things, 

appropriate fittings and other 

requirements for refrigerant containers 

for use for professional servicing of 

MVAC systems using the alternative 

refrigerant HFO-1234yf. 

EPA welcomes comments on this 

aspect of the proposed rulemaking and, 

specifically, invites the public to 

identify potentially-applicable 

voluntary consensus standards and to 

explain why such standards should be 

used in this regulation. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (EO) 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 United States. 

EPA has determined that this 

proposed rule will not have 

disproportionately high and adverse 

human health or environmental effects 

on minority or low-income populations 

because it does not affect the level of 

protection provided to human health or 

the environment. This final rule 

requires specific use conditions for 

unique fittings for use with refrigerant 

containers for professional servicing of 

MVAC systems, for those servicing 

MVAC systems using this low global 

warming potential refrigerant 

alternative. It does not directly affect the 

amount of exposure to or emissions of 

HFO-1234yf expected. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Reporting and 

recordkeeping requirements, 

Stratospheric ozone layer. 

Dated: March 15, 2012. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2012–6918 Filed 3–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 158 and 171 

[EPA–HQ–OPP–2010–0670 and EPA–HQ– 

OPP–2011–0049; FRL–9341–1] 

RIN 2070–AJ80 and 2070–AJ77 

Notification of Submission to the 

Secretary of Agriculture of Two Draft 

Regulatory Documents Under FIFRA 

AGENCY: Environmental Protection 

Agency (EPA). 


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Federal Register / Vol. 77, No. 57 / Friday, March 23, 2012 / Proposed Rules 16991 

ACTION: Notification of submission to 

the Secretary of Agriculture. 

SUMMARY: This document notifies the 

public as required by section 25(a) of 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA) that the EPA 

has forwarded to the Secretary of the 

United States Department of Agriculture 

(USDA) two draft final rules. The first 

final rule is entitled: ‘‘Pesticides; 

Microbial Pesticide Definitions and 

Applicability; Clarification and 

Availability of Test Guideline’’; and the 

second is entitled: ‘‘Synchronizing the 

Expiration Dates of the Pesticide 

Applicator Certificate with the 

Underlying State or Tribal Certificate 

Final Rule’’. The draft regulatory 

documents are not available to the 

public until after they have been signed 

and made available by EPA. 

ADDRESSES: EPA has established a 

docket for the corresponding proposed 

rules under docket identification (ID) 

numbers EPA–HQ–OPP–2010–0670 and 

EPA–HQ–OPP–2011–0049. All 

documents in the docket are listed in 

the docket index available in http:// 

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. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available in the electronic 

docket at http://www.regulations.gov, 

or, if only available in hard copy, at the 

OPP Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: Rose 

Kyprianou, Field and External Affairs 

Division (7506P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: 703 305–5354; email address: 

kyprianou.rose@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. What action is EPA taking? 

Section 25(a)(2)(B) of FIFRA, 7 U.S.C. 

136w, requires EPA to provide the 

Secretary of USDA with a copy of any 

draft final rule at least 30 days before 

signing it in final form for publication 

in the Federal Register. The draft final 

rules are not available to the public 

until after they have been signed by 

EPA. If the Secretary of USDA 

comments in writing regarding the draft 

final rules within 15 days after receiving 

them, EPA shall include the comments 

of the Secretary of USDA, if requested 

by the Secretary of USDA, and EPA’s 

response to those comments with the 

final rule that publishes in the Federal 

Register. If the Secretary of USDA does 

not comment in writing within 15 days 

after receiving the draft final rules, the 

EPA Administrator may sign the final 

rules for publication in the Federal 

Register any time after the 15-day 

period. 

II. Do any statutory and Executive 

Order reviews apply to this 

notification? 

No. This document is merely a 

notification of submissions to the 

Secretary of USDA. As such, none of the 

regulatory assessment requirements 

apply to this document. 

List of Subjects in 40 CFR Parts 158 and 

171 

Environmental protection, 

Administrative practice and procedure; 

Agricultural commodities, Indian— 

lands, Intergovernmental relations, 

Pesticides and pests, Reporting and 

recordkeeping requirements. 

Dated: March 12, 2012. 

Steven Bradbury, 

Director, Office of Pesticide Programs. 

[FR Doc. 2012–6929 Filed 3–22–12; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 120309176–2174–01] 

RIN 0648–BB56 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery off the Southern 

Atlantic States; Amendment 18A 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Proposed rule; request for 

comments. 

SUMMARY: NMFS proposes regulations to 

implement Amendment 18A to the 

Fishery Management Plan (FMP) for the 

Snapper-Grouper Fishery of the South 

Atlantic Region (Amendment 18A), as 

prepared and submitted by the South 

Atlantic Fishery Management Council 

(Council). If implemented, this rule 

would update the current rebuilding 

strategy for black sea bass, modify the 

current system of accountability 

measures for black sea bass, limit effort 

in the black sea bass segment of the 

snapper-grouper fishery, and improve 

fisheries data in the for-hire sector of the 

snapper-grouper fishery. The intent of 

this rule is to reduce overcapacity in the 

black sea bass segment of the snappergrouper fishery. 

DATES: Written comments must be 

received on or before April 23, 2012. 

ADDRESSES: You may submit comments 

on the proposed rule identified by 

‘‘NOAA–NMFS–2011–0282’’ by any of 

the following methods: 

• Electronic submissions: Submit 

electronic comments via the Federal 

e-Rulemaking Portal: http://www.

regulations.gov. Follow the instructions 

for submitting comments. 

• Mail: Kate Michie, Southeast 

Regional Office, NMFS, 263 13th 

Avenue South, St. Petersburg, FL 33701. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http://www.

regulations.gov without change. All 

Personal Identifying Information (for 

example, name, address, etc.) 

voluntarily submitted by the commenter 

may be publicly accessible. Do not 

submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

To submit comments through the 

Federal e-Rulemaking Portal: http://

www.regulations.gov, click on ‘‘submit a 

comment,’’ then enter ‘‘NOAA–NMFS– 

2011–0282’’ in the keyword search and 

click on ‘‘search’’. To view posted 

comments during the comment period, 

enter ‘‘NOAA–NMFS–2011–0282’’ in 

the keyword search and click on 

‘‘search’’. NMFS will accept anonymous 

comments (enter N/A in the required 

field if you wish to remain anonymous). 

You may submit attachments to 

electronic comments in Microsoft Word, 

Excel, WordPerfect, or Adobe PDF file 

formats only. 

Comments received through means 

not specified in this rule will not be 

considered. 

Electronic copies of Amendment 18A 

may be obtained from the Southeast 

Regional Office Web site at http://sero.

nmfs.noaa.gov/sf/

SASnapperGrouperHomepage.htm. 

Amendment 18A includes an 

Environmental Impact Statement, an 

Initial Regulatory Flexibility Act 

Analysis (IRFA), a Regulatory Impact 

Review, and a Fishery Impact 

Statement. 


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