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[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Proposed Rules]
[Pages 6824-6825]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-02320]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2015-0309; FRL-9941-81-OAR]
RIN 2060-AS68

Protection of Stratospheric Ozone: Revisions to Reporting and 
Recordkeeping for Imports and Exports

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to make minor conforming edits to the 
stratospheric protection regulations to implement the International 
Trade Data System. In the ``Rules and Regulations'' section of this 
Federal Register, we are making these edits as a direct final rule 
without a prior proposed rule. If we receive no adverse comment, we 
will not take further action on this proposed rule. This system allows 
businesses to transmit the transactional data required by multiple 
Federal agencies for the import and export of cargo through a single 
``window.'' As businesses currently must submit trade data to multiple 
agencies, in multiple ways, and often on paper, the transition to 
electronic filing is expected to save businesses time and money. 
Specifically, this rulemaking would remove the requirement that the 
petition for used ozone-depleting substances accompany the shipment 
through U.S. Customs and remove references to Customs forms that are 
obsolete under the new system.

DATES: Written comments must be received by March 10, 2016.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2015-0309, at http://www.regulations.gov. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any 
information you consider to be Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. 
Multimedia submissions (audio, video, etc.) must be accompanied by a 
written comment. The written comment is considered the official comment 
and should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Jeremy Arling by regular mail: U.S. 
Environmental Protection Agency, Stratospheric Protection Division 
(6205T), 1200 Pennsylvania Avenue NW., Washington, DC 20460; by 
telephone: (202) 343-9055; or by email: arling.jeremy@epa.gov. You may 
also visit the EPA's Ozone Protection Web site at www.epa.gov/ozone/strathome.html for further information about EPA's Stratospheric Ozone 
Protection regulations, the science of ozone layer depletion, and other 
related topics.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Why is EPA issuing this proposed rule?

    This document proposes to make minor conforming edits to the 
stratospheric protection regulations to implement the International 
Trade Data System primarily by removing references to specific Customs 
forms that will become obsolete under the new system. EPA has published 
a direct final rule making these edits in the ``Rules and Regulations'' 
section of this Federal Register. We view this as a noncontroversial 
action and anticipate no adverse comment. We have explained our reasons 
for this action in the preamble to the direct final rule. For 
additional information on the action being taken, see the direct final 
rule published in the Rules and Regulations section of this Federal 
Register.
    If we receive no adverse comment, we will not take further action 
on this proposed rule. If we receive adverse comment, we will withdraw 
the direct final rule and it will not take effect. We would address all 
public comments in any subsequent final rule based on this proposed 
rule.
    We do not intend to institute a second comment period on this 
action. Any parties interested in commenting must do so at this time. 
For further information, please see the information provided in the 
ADDRESSES section of this document.

B. Does this action apply to me?

    This rulemaking may affect the following categories: Industrial Gas 
Manufacturing entities (NAICS code 325120), including fluorinated 
hydrocarbon gas manufacturers, importers, and exporters; Other Chemical 
and Allied Products Merchant Wholesalers (NAICS code 424690), including 
chemical gases and compressed gases merchant importers and exporters; 
and refrigerant reclaimers or other such entities that might import 
virgin, recovered, or reclaimed refrigerant gas.
    This list is not intended to be exhaustive, but rather to provide a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility, company, business, or 
organization could be regulated by this action, you should carefully 
examine the regulations promulgated at 40 CFR part 82, subpart A. If 
you have questions regarding the applicability of this action to a 
particular entity, consult the person listed in the preceding section.

II. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden 
under the PRA because the requirements to maintain entry numbers and 
EINs are a subset of the previous requirements to maintain forms 
containing this information. OMB has previously approved the 
information collection activities contained in the existing regulations 
and has assigned OMB control number 2060-0170 and 2060-0438.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the impact of concern is any significant 
adverse economic impact on small entities. An agency may certify that a 
rule will not have a significant economic impact on a substantial 
number of small entities if the rule relieves regulatory burden, has no 
net burden or otherwise has a positive economic effect on the small

[[Page 6825]]

entities subject to the rule. This action makes minor changes to 
recordkeeping and reporting requirements to remove references to U.S. 
Customs forms and other small edits.

D. Unfunded Mandates Reform Act

    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 or the private sector. This action makes 
minor changes to recordkeeping and reporting requirements to remove 
references to U.S. Customs forms and other small edits.

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. This rulemaking does not significantly or 
uniquely affect the communities of Indian tribal governments, nor does 
it impose any enforceable duties on communities of Indian tribal 
governments. This action makes minor changes to recordkeeping and 
reporting requirements to remove references to U.S. Customs forms and 
other small edits. Thus, Executive Order 13175 does not apply to this 
action.

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because it does not concern an environmental 
health risk or safety risk.

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 makes minor changes to 
recordkeeping and reporting requirements to remove references to U.S. 
Customs forms and other small edits.

I. National Technology Transfer and Advancement Act

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    EPA believes the human health or environmental risk addressed by 
this action will not have potential disproportionately high and adverse 
human health or environmental effects on minority, low-income, or 
indigenous populations because it does not affect the level of 
protection provided to human health or the environment. This action 
makes minor changes to recordkeeping and reporting requirements to 
remove references to U.S. Customs forms and other small edits.

List of Subjects in 40 CFR Part 82

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

    Dated: January 21, 2016.
Gina McCarthy,
Administrator.

    For the reasons stated in the preamble, 40 CFR part 82 is proposed 
to be amended as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

0
2. In Sec.  82.3, revise the definition for ``Importer'' to read as 
follows:

Sec.  82.3  Definitions for class I and class II controlled substances.

* * * * *
    Importer means any person who imports a controlled substance or a 
controlled product into the United States. ``Importer'' includes the 
person primarily liable for the payment of any duties on the 
merchandise or an authorized agent acting on his or her behalf. The 
term also includes, as appropriate:
    (1) The consignee;
    (2) The importer of record;
    (3) The actual owner; or
    (4) The transferee, if the right to draw merchandise in a bonded 
warehouse has been transferred.
* * * * *
0
3. In Sec.  82.13, revise paragraphs (g)(1)(xii), (g)(3)(v), and 
(g)(3)(viii)(D) to read as follows:

Sec.  82.13  Recordkeeping and reporting requirements for class I 
controlled substances.

* * * * *
    (g) * * *
    (1) * * *
    (xii) The U.S. Customs entry number;
* * * * *
    (3) * * *
    (v) To pass the approved used class I controlled substances through 
U.S. Customs, the non-objection notice issued by EPA must accompany the 
shipment through U.S. Customs.
* * * * *
    (viii) * * *
    (D) The U.S. Customs entry number.
* * * * *
0
4. In Sec.  82.24, revise paragraphs (c)(2)(xiii), (c)(4)(v), 
(c)(4)(viii)(D), (d)(2)(i), and (d)(3)(i) to read as follows:

Sec.  82.24  Recordkeeping and reporting requirements for class II 
controlled substances.

* * * * *
    (c) * * *
    (2) * * *
    (xiii) The U.S. Customs entry number;
* * * * *
    (4) * * *
    (v) To pass the approved used class II controlled substances 
through U.S. Customs, the non-objection notice issued by EPA must 
accompany the shipment through U.S. Customs.
* * * * *
    (viii) * * *
    (D) The U.S. Customs entry number.
* * * * *
    (d) * * *
    (2) * * *
    (i) The Employer Identification Number of the shipper or their 
agent;
* * * * *
    (3) * * *
    (i) The Employer Identification Number of the shipper or their 
agent; and
* * * * *
0
5. In Sec.  82.104, revise paragraph (m)(2) to read as follows:

Sec.  82.104  Definitions.

* * * * *
    (m) * * *
    (2) The importer of record;
* * * * *
[FR Doc. 2016-02320 Filed 2-8-16; 8:45 am]
 BILLING CODE 6560-50-P
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