[Federal Register Volume 89, Number 176 (Wednesday, September 11, 2024)]
[Rules and Regulations]
[Pages 73588-73592]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-20191]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 84

[EPA-HQ-OAR-2024-0065; FRL-11597-01-OAR]
RIN 2060-AW15


Phasedown of Hydrofluorocarbons: Vacated Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The U.S. Environmental Protection Agency is taking final 
action to remove regulations from the Code of Federal Regulations that 
have been vacated by the United States Court of Appeals for the 
District of Columbia Circuit related to the prohibition of disposable 
cylinders and tracking of cylinders of hydrofluorocarbons.

DATES: This final rule is effective on September 11, 2024.

ADDRESSES: The U.S. Environmental Protection Agency (EPA) has 
established a docket for this action under Docket ID No. EPA-HQ-OAR-
2024-0065. All documents in the docket are listed on the https://www.regulations.gov website. Although listed in the index, some 
information may not be 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 
electronically through http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Connor Henderson, Stratospheric 
Protection Division and Office of Air and Radiation (6205A), 
Environmental Protection Agency, 1200 Pennsylvania Ave NW, Washington, 
DC 20460; telephone number: 202-564-2177; email address: 
<a href="/cdn-cgi/l/email-protection#cf87aaa1abaabdbca0a1e18ca0a1a1a0bd8faabfaee1a8a0b9"><span class="__cf_email__" data-cfemail="ce86aba0aaabbcbda1a0e08da1a0a0a1bc8eabbeafe0a9a1b8">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Does this action apply to me?

    This action may be relevant for you if you produce, import, export, 
destroy, use as a feedstock or process agent, reclaim, or recycle HFCs. 
Potentially relevant categories, North American Industry Classification 
System (NAICS) codes, and examples of potentially relevant entities are 
included in table 1. This table is not intended to be exhaustive, but 
rather provides a guide for readers regarding entities that may be 
interested in this action. If you have questions regarding the 
relevance of this action to a particular entity, consult the person 
listed in the FOR FURTHER INFORMATION CONTACT section.

     Table 1--NAICS Classification of Potentially Relevant Entities
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            NAICS Code                   NAICS industry description
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325120............................  Industrial Gas Manufacturing.
325199............................  All Other Basic Organic Chemical
                                     Manufacturing.
325211............................  Plastics Material and Resin
                                     Manufacturing.
325412............................  Pharmaceutical Preparation
                                     Manufacturing.
325414............................  Biological Product (except
                                     Diagnostic) Manufacturing.
325998............................  All Other Miscellaneous Chemical
                                     Product and Preparation
                                     Manufacturing.
326220............................  Rubber and Plastics Hoses and
                                     Belting Manufacturing.
326150............................  Urethane and Other Foam Product.
326299............................  All Other Rubber Product
                                     Manufacturing.
333415............................  Air-Conditioning and Warm Air
                                     Heating Equipment and Commercial
                                     and Industrial Refrigeration
                                     Equipment Manufacturing.
333511............................  Industrial Mold Manufacturing.
334413............................  Semiconductor and Related Device
                                     Manufacturing.
334419............................  Other Electronic Component
                                     Manufacturing.
334510............................  Electromedical and
                                     Electrotherapeutic Apparatus
                                     Manufacturing.
336212............................  Truck Trailer Manufacturing.
336214............................  Travel Trailer and Camper
                                     Manufacturing.
336411............................  Aircraft Manufacturing.
336611............................  Ship Building and Repairing.
336612............................  Boat Building.
339112............................  Surgical and Medical Instrument
                                     Manufacturing.
423720............................  Plumbing and Heating Equipment and
                                     Supplies (Hydronics) Merchant
                                     Wholesalers.
423730............................  Warm Air Heating and Air-
                                     Conditioning Equipment and Supplies
                                     Merchant Wholesalers.
423740............................  Refrigeration Equipment and Supplies
                                     Merchant Wholesalers.
423830............................  Industrial Machinery and Equipment
                                     Merchant Wholesalers.
423840............................  Industrial Supplies Merchant
                                     Wholesalers.
423860............................  Transportation Equipment and
                                     Supplies (except Motor Vehicle)
                                     Merchant Wholesalers.
424690............................  Other Chemical and Allied Products
                                     Merchant Wholesalers.
488510............................  Freight Transportation Arrangement.
541380............................  Testing Laboratories.

[[Page 73589]]

 
541714............................  Research and Technology in
                                     Biotechnology (except
                                     Nanobiotechnology).
562111............................  Solid Waste Collection.
562211............................  Hazardous Waste Treatment and
                                     Disposal.
562920............................  Materials Recovery Facilities.
922160............................  Fire Protection.
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II. Basis for Immediate Effective Date

    EPA has determined that it is consistent with the Administrative 
Procedure Act (APA), 5 U.S.C. 553(d), to make this action effective 
September 11, 2024, Section 553(d)(3) provides that final rules shall 
not become effective until 30 days after publication in the Federal 
Register ``except . . . as otherwise provided by the agency for good 
cause found and published with the rule.'' ``In determining whether 
good cause exists, an agency should balance the necessity for immediate 
implementation against principles of fundamental fairness which require 
that all affected persons be afforded a reasonable amount of time to 
prepare for the effective date of its ruling.'' Omnipoint Corp. v. Fed. 
Commc'n Comm'n, 79 F.3d 620, 630 (D.C. Cir. 1996) (quoting United 
States v. Gavrilovic, 551 F.2d 1099, 1105 (8th Cir. 1977)). The purpose 
of this provision is to ``give affected parties a reasonable time to 
adjust their behavior before the final rule takes effect.'' Id.; see 
also Gavrilovic, 551 F.2d at 1104 (quoting legislative history).
    The EPA has determined that in light of the nature of this action, 
good cause exists to make this final action effective immediately 
because the Agency seeks to provide regulatory certainty and clarity as 
soon as possible. The removal of vacated regulations from the Code of 
Federal Regulations does not change the status quo or impose new 
obligations on any person or entity. As a result, there is no need to 
provide parties additional time to adjust their behavior, and no person 
will be harmed by making the action immediately effective as opposed to 
delaying the effective date by 30 days. Accordingly, EPA is making this 
action effective immediately upon publication.

III. Removal of Vacated Provisions on Disposable Cylinder Ban and 
Cylinder Tracking

    On September 23, 2021, EPA signed a final rule that was the first 
regulation under the American Innovation and Manufacturing (AIM) Act. 
This rule established the initial production and consumption baseline 
levels against which the phasedown of production and consumption of 
hydrofluorocarbons (HFCs) would be measured, established an initial 
methodology for allocating and trading HFC allowances for 2022 and 
2023, and created a robust, agile, and innovative compliance and 
enforcement system. Phasedown of Hydrofluorocarbons: Establishing the 
Allowance Allocation and Trading Program Under the American Innovation 
and Manufacturing Act, 86 FR 55116 (October 5, 2021) (hereinafter 
referred to as the Allocation Framework Rule). EPA explained in that 
rule that it was establishing a comprehensive system of mechanisms that 
together and by themselves would discourage and prevent illegal 
production, import, and subsequent sales of illegally produced or 
imported HFCs. EPA intended for, and designed, these provisions to each 
stand independently from the others and to provide significant stand-
alone benefits to deter and identify potential violations, while also 
recognizing that these separate provisions work together as a 
comprehensive system to deter noncompliance, incentivize future 
compliance, and ensure that companies that are complying with statutory 
and regulatory obligations are not put at a competitive disadvantage. 
Id. at 55166. As part of the suite of compliance and enforcement tools, 
EPA finalized a prohibition that as of July 1, 2025, no person may 
import or domestically fill HFCs in a disposable cylinder, and as of 
January 1, 2027, no person may sell or distribute, or offer for sale or 
distribution HFCs contained in a disposable cylinder at 40 CFR 84.5(h). 
See id. at 55172-78. As an additional, separate compliance enforcement 
tool, EPA finalized a requirement that as of January 1, 2025, all 
containers of regulated substances imported, sold, or distributed by 
producers and importers have a quick response (QR) code. As of January 
1, 2026, the rule would require QR codes on all containers filled, sold 
or distributed, or offered for sale or distribution, by all other 
repackagers and cylinder fillers in the United States, including 
reclaimers and fire suppressant recyclers. Finally, as of January 1, 
2027, the rule would require a QR code on every container of regulated 
substances sold or distributed, offered for sale or distribution, 
purchased or received. 40 CFR 84.23. See id. at 55183-86.
    However, on June 20, 2023, the U.S. Court of Appeals for the 
District of Columbia Circuit issued an opinion concluding, in relevant 
part, that EPA in relying on subsection (e)(2)(B) of the AIM Act had 
not identified a provision of the AIM Act giving it authority to ban 
disposable cylinders or to require a QR-code tracking system. As a 
result of this conclusion, the D.C. Circuit vacated the parts of the 
Allocation Framework Rule related to the QR code requirements and 
disposable cylinder ban and remanded to the Agency. Heating, Air 
Conditioning & Refrigeration Distributors Int'l v. EPA, 71 F.4th 59, 68 
(D.C. Cir. 2023).\1\ On August 23, 2023, the D.C. Circuit issued its 
formal mandate.
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    \1\ As the D.C. Circuit denied the other challenges to the 
Allocation Framework Rule raised in this consolidated litigation, 
its vacatur was only partial.
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    Consistent with the D.C. Circuit's decision, this action removes 
from 40 CFR part 84, subpart A certain regulatory provisions that 
prohibit use of disposable cylinders and that implement the cylinder 
tracking system (including provisions that create auditing obligations 
related to the cylinder tracking system). EPA views this removal of 
regulatory language that has been vacated by the D.C. Circuit as purely 
ministerial in nature.

IV. Good Cause Findings

    EPA is removing the identified vacated regulations from the Code of 
Federal Regulations without providing an opportunity for public comment 
or a public hearing because EPA finds that the Administrative Procedure 
Act (APA) good cause exemption applies here. If 5 U.S.C. 553(b)(B) did 
not apply, this rule would be subject to the rulemaking procedures in 
Clean Air Act (CAA) section 307(d).\2\ However, CAA section

[[Page 73590]]

307(d) does not apply ``in the case of any rule or circumstance 
referred to in [5 U.S.C. 553(b)(B)]'' \3\ -- i.e., the good cause 
exception noted above.\4\ Section 553(b)(B) allows an agency to 
promulgate a rule without providing prior notice and opportunity for 
public comment ``when the agency for good cause finds (and incorporates 
the finding and a brief statement of reasons therefor in the rule 
issued) that notice and public procedure thereon are impracticable, 
unnecessary, or contrary to the public interest.''
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    \2\ The AIM Act provides that the Clean Air Act's section 307 
``shall apply to'' actions under the AIM Act ``as though [Section 
7675] were expressly included in title VI'' of the Clean Air Act. 42 
U.S.C. 7675(k)(1)(C). Clean Air Act Section 307(d) applies to 
``promulgation or revision of regulations under subchapter VI of 
[the CAA].'' 307(d)(1)(I); 7607(d)(1)(I). See also CAA section 
307(d)(3); 42 U.S.C. 7607(d)(3) (requiring publication of a proposed 
rule with an opportunity for public comment).
    \3\ See CAA section 307(d)(1); 42 U.S.C. 7607(d)(1).
    \4\ Section 553(b) generally requires notice-and-comment 
rulemaking procedures unless, as here, an exception applies under 
section 553(b)(A) or (B). 5 U.S.C. 553(b).
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    The EPA has determined that it is unnecessary to provide a public 
hearing or an opportunity for public comment on this action because 
amending the regulations to remove the vacated disposable cylinder ban 
and cylinder tracking provisions is a needed ministerial act. To 
address the D.C. Circuit's vacatur of these provisions, as described in 
section I of this document, the EPA is removing the affected provisions 
from the Code of Federal Regulations. Therefore, this action to remove 
the affected regulatory text simply implements the decision of the D.C. 
Circuit, and thus, providing an opportunity for public comment or a 
public hearing on this issue would serve no useful purpose.
    For these reasons, the EPA finds good cause to issue a final 
rulemaking to remove the disposable cylinder ban and cylinder tracking 
provisions pursuant to 5 U.S.C. 553(b)(B). Therefore, the requirements 
of CAA section 307(d), including the requirement for public comment and 
hearing on proposed rulemakings, do not apply to this action.

V. Judicial Review

    The AIM Act provides that certain sections of the CAA ``shall apply 
to'' the AIM Act and actions ``promulgated by the Administrator of 
[EPA] pursuant to [the AIM Act] as though [the AIM Act] were expressly 
included in title VI of [the CAA].'' 42 U.S.C. 7675(k)(1)(C). Among the 
applicable sections of the CAA is section 307, which includes 
provisions on judicial review. Section 307(b)(1) provides, in part, 
that petitions for review must only be filed in the United States Court 
of Appeals for the District of Columbia Circuit: (i) when the agency 
action consists of ``nationally applicable regulations promulgated, or 
final actions taken, by the Administrator,'' or (ii) when such action 
is locally or regionally applicable, but ``such action is based on a 
determination of nationwide scope or effect and if in taking such 
action the Administrator finds and publishes that such action is based 
on such a determination.'' For locally or regionally applicable final 
actions, the CAA reserves to the EPA complete discretion whether to 
invoke the exception in (ii).
    The final action herein noticed is ``nationally applicable'' within 
the meaning of CAA section 307(b)(1), as it removes vacated provisions 
from the Code of Federal Regulations that apply and were designed to be 
implemented uniformly on a national basis. In the alternative, to the 
extent a court finds the final action to be locally or regionally 
applicable, the Administrator is exercising the complete discretion 
afforded to him under the CAA to make and publish a finding that the 
action is based on a determination of ``nationwide scope or effect'' 
within the meaning of CAA section 307(b)(1).\5\ In deciding to invoke 
this exception, the Administrator has taken into account a number of 
policy considerations, including his judgment regarding the benefit of 
obtaining the D.C. Circuit's authoritative centralized review, rather 
than allowing development of the issue in other contexts, in order to 
ensure consistency in the Agency's approach to allocation of production 
and consumption allowances in accordance with EPA's national 
regulations in 40 CFR part 84. This final action treats all affected 
entities consistently in how the 40 CFR part 84 regulations are 
applied. The Administrator finds that this is a matter on which 
national uniformity is desirable to take advantage of the D.C. 
Circuit's administrative law expertise and facilitate the orderly 
development of the basic law under the AIM Act and EPA's implementing 
regulations. The Administrator also finds that consolidated review of 
the action in the D.C. Circuit will avoid piecemeal litigation in the 
regional circuits, further judicial economy, and eliminate the risk of 
inconsistent results for different regulated entities. The 
Administrator also finds that a nationally consistent approach in this 
rulemaking constitutes the best use of agency resources. The 
Administrator is publishing his finding that the action is based on a 
determination of nationwide scope or effect in the Federal Register as 
part of this document. For these reasons, this final action is 
nationally applicable or, alternatively, the Administrator is 
exercising the complete discretion afforded to him by the CAA and finds 
that the final action is based on a determination of nationwide scope 
or effect for purposes of CAA section 307(b)(1) and is hereby 
publishing that finding in the Federal Register. Under section 
307(b)(1) of the CAA, petitions for judicial review of this action must 
be filed in the United States Court of Appeals for the District of 
Columbia Circuit by November 12, 2024.
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    \5\ In the report on the 1977 Amendments that revised section 
307(b)(1) of the CAA, Congress noted that the Administrator's 
determination that the ``nationwide scope or effect'' exception 
applies would be appropriate for any action that has a scope or 
effect beyond a single judicial circuit. See H.R. Rep. No. 95-294 at 
323, 324, reprinted in 1977 U.S.C.C.A.N. 1402-03.
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VI. Statutory and Executive Order Review

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is a ``significant regulatory action'' as defined in 
Executive Order 12866, as amended by Executive Order 14094. 
Accordingly, EPA submitted this action to the Office of Management and 
Budget (OMB) for Executive Order 12866 review. Documentation of any 
changes made in response to the Executive Order 12866 review is 
available in the docket. The removal of vacated requirements from the 
Code of Federal Regulations through this action does not impose new or 
change existing legal obligations on any person or entity. EPA 
describes the vacated provisions, including their expected costs and 
benefits, in the HFC Allocation Framework Rule (86 FR 55116, FRL-8458-
02-OAR, published in the Federal Register on October 5, 2021) and the 
related regulatory impact analysis (RIA).
    The court's decision to vacate these provisions in 2023 changed the 
estimated costs and benefits associated with the HFC Allocation 
Framework Rule. As shown in table 3-28 of the RIA, EPA estimated the 
average annual costs for the refillable cylinder provisions between 
2022 and 2050 to be $21.8 million per year at a 3% discount rate and 
$35.3 million per year at a 7% discount rate ($2020). While the upfront 
costs of establishing a fleet of refillable cylinders was higher than 
the average annual cost, after 2026 when the full fleet of disposable 
cylinders was in place, the Agency estimated that the requirement would 
result in annual cost savings. It was estimated that the replacement of 
disposable cylinders

[[Page 73591]]

with refillable cylinders in the United States could also prevent 29 
million MTEVe in emissions between 2022 to 2050 (see table 3-21 of the 
RIA). The EPA noted emission reductions as co-benefits in the RIA, 
therefore emission reductions were not included in topline benefits 
estimate for the HFC Allocation Framework Rule. The costs for the 
container tracking system finalized in the HFC Allocation Framework 
Rule were estimated to cost $7.8 million annually once fully phased in 
and were part of the total reporting and recordkeeping burden included 
in table 3-13 of the RIA. Both provisions were expected to support 
compliance with the overall phasedown targets, ensuring U.S. 
consumption and production were below the levels authorized in the AIM 
Act and related implementing regulations. More discussion on the costs 
and benefits are included in chapters 3 and 5 of the regulatory impact 
analysis for the HFC Allocation Framework Rule, with more detail on the 
estimated container tracking costs included in the information 
collection request (ICR) supporting statement for the proposed rule 
``Phasedown of Hydrofluorocarbons: Allowance Allocation Methodology for 
2024 and Later Years,'' (87 FR 66372, November 3, 2022).\6\
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    \6\ The regulatory impact analysis for the HFC Allocation 
Framework Rule can be found on EPA's website at https://www.epa.gov/climate-hfcs-reduction/regulatory-actions-allowance-allocation-and-reporting. The ICR supporting statement associated with the rule can 
be found at https://www.reginfo.gov/public/do/PRAOMBHistory?ombControlNumber=2060-0734.
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B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA. The Office of Management and Budget (OMB) has previously 
approved the information collection activities contained in the 
existing regulations and has assigned OMB control number 2060-0734. 
There are no additional reporting or recordkeeping requirements 
associated with this rule, which takes the ministerial act of removing 
certain vacated provisions from the Code of Federal Regulations. Given 
the requirements were vacated in the summer of 2023, EPA removed the 
burden associated with the refillable cylinder and container tracking 
provisions in the comprehensive ICR supporting statement and burden 
estimates for the HFC Allocation Program that were transmitted to OMB 
for review as part of the final rule ICR package associated with 
``Phasedown of Hydrofluorocarbons: Allowance Allocation Methodology for 
2024 and Later Years,'' (88 FR 44220). This information was transmitted 
to OMB in January 2024 (see OMB control number 2060-0734). Further, we 
do not need to take additional comment on these changes, as commenters 
had the opportunity to comment on the burden of these provisions and 
the change in burden from the court's vacatur in prior rulemaking.

C. Regulatory Flexibility Act (RFA)

    This action is not subject to the RFA. The RFA applies only to 
rules subject to notice and comment rulemaking requirements under the 
Administrative Procedure Act (APA), 5 U.S.C. 553, or any other statute. 
This rule is not subject to notice and comment requirements because the 
Agency has invoked the APA ``good cause'' exemption under 5 U.S.C. 
553(b).

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect 
small governments. The action imposes no enforceable duty on any State, 
local, or Tribal governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications as specified in 
Executive Order 13175. To the extent this action has any substantive 
effect, EPA is not aware of Tribal businesses engaged in activities 
that would be directly affected by this action. Based on the Agency's 
assessments, the Agency also does not believe that potential effects, 
even if direct, would be substantial. Accordingly, this action will not 
have substantial direct effects on tribes, on the relationship between 
the Federal Government and Indian tribes, or on the distribution of 
power and responsibilities between the Federal Government and Indian 
tribes, as specified in Executive Order 13175. Thus, Executive Order 
13175 does not apply to this action.

G. Executive Order 13045: Protection of Children from Environmental 
Health Risks and Safety Risks

    Executive Order 13045 (62 FR 19885, April 23, 1997) directs Federal 
agencies to include an evaluation of the health and safety effects of 
the planned regulation on children in Federal health and safety 
standards and explain why the regulation is preferable to potentially 
effective and reasonably feasible alternatives. This action is not 
subject to Executive Order 13045 because it is not a significant 
regulatory action under section 3(f)(1) of Executive Order 12866, and 
because the EPA does not believe the environmental health or safety 
risks addressed by this action present a disproportionate risk to 
children. As noted, this action only removes already vacated provisions 
from the Code of Federal Regulations so is not anticipated to have any 
impact on children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is 
not likely to have a significant adverse effect on the supply, 
distribution, or use of energy. This action only removes from the Code 
of Federal Regulations already vacated provisions that applied to 
certain regulated substances and certain applications containing 
regulated substances, none of which are used to supply or distribute 
energy.

I. National Technology Transfer and Advancement Act and Incorporation 
by Reference

    This rulemaking does not involve technical standards.

J. Executive Orders 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations and 
Executive Order 14096: Revitalizing Our Nation's Commitment to 
Environmental Justice for All

    EPA considers that the human health or environmental conditions 
that exist prior to this action have the potential to result in 
disproportionate and adverse human health or environmental effects on 
communities with environmental justice concerns. EPA did extensive 
environmental justice analysis as part of the Allocation Framework Rule 
and the most recent Allocation Rule covering 2024-2028 (88 FR 46836, 
July 20, 2023), which is documented in the preamble to those 
rulemakings and in the associated regulatory impact analysis (RIA) and 
RIA addendum.

[[Page 73592]]

    The EPA believes that this action is not likely to change existing 
disproportionate and adverse effects on communities with environmental 
justice concerns. This action only removes from the Code of Federal 
Regulations already vacated provisions and is not likely to result in 
new disproportionate and adverse effects on communities with 
environmental justice concerns.

K. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects in 40 CFR Part 84

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Chemicals, Climate Change, Emissions, Imports, 
Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.
    For the reasons set out in the preamble, EPA is amending 40 CFR 
part 84 as follows:

PART 84--PHASEDOWN OF HYDROFLUOROCARBONS

0
1. The authority citation for part 84 continues to read as follows:

    Authority:  Pub. L. 116-260, Division S, Sec. 103.


Sec.  84.5  [Amended]

0
2. Amend Sec.  84.5 by removing and reserving paragraph (h).


Sec.  84.23  [Removed and Reserved]

0
3. Remove and reserve Sec.  84.23.


Sec.  84.33  [Amended]

0
4. Amend Sec.  84.33 by:
0
a. Removing paragraph (b)(11);
0
b. Redesignating paragraph (b)(12) as paragraph (b)(11);
0
c. Removing paragraph (d)(4); and
0
d. Redesignating paragraph (d)(5) as paragraph (d)(4).

[FR Doc. 2024-20191 Filed 9-10-24; 8:45 am]
BILLING CODE 6560-50-P


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