10182 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act; 

and 

• Does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

In addition, this rule does not have 

tribal implications as specified by 

Executive Order 13175 (65 FR 67249, 

November 9, 2000), because the SIP is 

not approved to apply in Indian country 

located in the state, and EPA notes that 

it will not impose substantial direct 

costs on tribal governments or preempt 

tribal law. 

The Congressional Review Act, 5 

U.S.C. section 801 et seq., as added by 

the Small Business Regulatory 

Enforcement Fairness Act of 1996, 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. EPA will submit a report 

containing this rule and other required 

information to the U.S. Senate, the U.S. 

House of Representatives, and the 

Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. section 804(2). 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by May 11, 2009. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of this rule for the 

purposes of judicial review nor does it 

extend the time within which a petition 

for judicial review may be filed, and 

shall not postpone the effectiveness of 

such rule or action. This action may not 

be challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Oxides of nitrogen, Ozone, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: January 15, 2009. 

Wayne Nastri, 

Regional Administrator, Region IX. 

■ Part 52, chapter I, title 40 of the Code 

of Federal Regulations is amended as 

follows: 

PART 52—[AMENDED] 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart F—California 

■ 2. Section 52.220 is amended by 

revising paragraph (c)(339) introductory 

text and by adding paragraph (c)(339)(ii) 

to read as follows: 

§ 52.220 Identification of plan. 

* * * * * 

(c) * * * 

(339) New and amended plans were 

submitted on January 9, 2004, by the 

Governor’s designee. 

* * * * * 

(ii) Additional material. 

(A) The following portions of the 

Final 2003 State and Federal Strategy 

(2003 State Strategy) for the California 

State Implementation Plan, adopted by 

the California Air Resources Board 

(ARB) on October 23, 2003: 

(1) State agency commitments with 

respect to the following near-term 

defined measures for the South Coast 

Air Basin: LT/MED–DUTY–1 [Air 

Resources Board (ARB)], LT/MED– 

DUTY–2 (Bureau of Automotive Repair), 

ON–RD HVY–DUTY–1 (ARB), ON–RD 

HVY–DUTY–3 (ARB), OFF–RD CI–1 

(ARB), OFF–RD LSI–1 (ARB), OFF–RD 

LSI–2 (ARB), SMALL OFF–RD–1 (ARB), 

SMALL OFF–RD–2 (ARB), MARINE–1 

(ARB), MARINE–2 (ARB), FUEL–2 

(ARB), CONS–1 (ARB), CONS–2 (ARB), 

FVR–1 (ARB), FVR–2 (ARB), and PEST– 

1 (Department of Pesticide Regulation) 

in Resolution 03–22 Attachments A–2, 

A–3, A–4 and A–6 Table I–7 and in 

2003 State Strategy Section I Appendix 

I–1 and Sections II and III. 

(B) The following portions of the 

South Coast 2003 Air Quality 

Management Plan (AQMP), adopted by 

the South Coast Air Quality 

Management District (SCAQMD) on 

August 1, 2003 and adopted by the 

California Air Resources Board on 

October 23, 2003: 

(1) Base year and future year baseline 

planning inventories (summer and 

winter) in AQMP Chapter III and 

Appendix III; SCAQMD commitment to 

adopt and implement control measures 

CTS–07, CTS–10, FUG–05, MSC–01, 

MSC–03, PRC–07, WST–01, WST–02, 

FSS–04, FLX–01, CMB–10, MSC–05, 

MSC–07, MSC–08, FSS–06, and FSS–07 

in AQMP Chapter 4, Table 4–1, as 

qualified and explained in AQMP, 

Chapter 4, pages 4–59 through 4–61 and 

in Appendix IV–A Section 1, and 

SCAQMD commitments to achieve nearterm and long-term emissions 

reductions through rule adoption and 

implementation in AQMP Chapter 4, 

Tables 4–8A and 4–8B; contingency 

measure CTY–01 in AQMP Chapter 9, 

Table 2 and in Appendix IV–A Section 

2 (excluding FSS–05); nitrogen dioxide 

maintenance demonstration in AQMP 

Chapter 6 page 6–11; and motor vehicle 

emissions budget for nitrogen dioxide in 

year 2003 of 686 tons per day (winter 

planning inventory) in AQMP Chapter 6 

Table 6–7. 

(2) Letter from Elaine Chang, Deputy 

Executive Officer, South Coast Air 

Quality Management District, dated 

September 10, 2008, containing 

supplemental material related to onroad motor vehicles emissions. 

* * * * * 

[FR Doc. E9–4593 Filed 3–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 82 

[EPA–HQ–OAR–2005–0131; FRL–8779–6] 

RIN 2060–AM46 

Protection of Stratospheric Ozone: 

Recordkeeping and Reporting 

Requirements for the Import of Halon1301 Aircraft Fire Extinguishing 

Vessels 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 10183 

1World Meteorological Organization, Scientific 

Assessment of Ozone Depletion: 2006, Global 

Ozone Research and Monitoring Project—Report 

No. 50, 572 pp., Geneva, Switzerland, 2007. 

SUMMARY: The Environmental Protection 

Agency is taking final action to grant a 

specific exemption from requirements to 

petition the Agency in order to import 

used ozone-depleting substances. The 

exemption would apply to entities that 

import spherical pressure vessels 

containing halon 1301 for aircraft fire 

extinguishing (‘‘aircraft halon bottles’’) 

for purposes of hydrostatic testing. This 

final rule reduces the administrative 

burden on entities that are importing 

aircraft halon bottles for the purpose of 

maintaining these bottles to meet 

commercial safety specifications and 

standards set forth in airworthiness 

directives of the Federal Aviation 

Administration. This action does not 

exempt entities that import bulk 

quantities of halon-1301 in containers 

that are being imported for other 

purposes. 

DATES: This final rule is effective on 

April 9, 2009. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2005–0131. All 

documents in the docket are listed in 

the http://www.regulations.gov Web 

site. 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 either electronically in http:// 

www.regulations.gov or in hard copy at 

the Air Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. 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 CONTACT: 

Bella Maranion, Stratospheric 

Protection Division, Office of 

Atmospheric Programs, Office of Air 

and Radiation (6205J), Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460; 

phone number: (202) 343–9749; fax 

number: (202) 343–2362; e-mail 

address: maranion.bella@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. General Information 

A. Regulated Entities 

B. Halons 

C. Stratospheric Ozone Protection and 

Legal Authority 

D. Import Petitioning Process 

E. History of Rulemaking 

II. Aircraft Halon Bottle Exemption From the 

Import Petitioning Process 

A. Summary of Final Rule 

B. Import of Aircraft Halon Bottles for 

Hydrostatic Testing 

C. Exemption to the Import Petition 

Requirements 

D. Reporting and Recordkeeping 

Requirements for Importers and 

Exporters 

III. Response to Comments 

IV. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

B. Paperwork Reduction Act 

C. Regulatory Flexibility Act 

D. Unfunded Mandates Reform Act 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer 

Advancement Act 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations 

K. Congressional Review Act 

I. General Information 

A. Regulated Entities 

The aircraft halon bottle exemption 

will affect the following categories: 

Category NAICS code Examples of regulated entities 

Hydrostatic testing laboratories or services .............................................................................. 541380 Halon aircraft bottle testing facilities. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA believes 

could potentially be regulated by this 

action. Other types of entities not listed 

in this table could also be affected. To 

determine whether your facility, 

company, business organization, or 

other entity is regulated by this action, 

you should carefully examine these 

regulations. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

B. Halons 

This final action relates to the 

importation of halons. Halons are 

gaseous or easily vaporized halocarbons 

used primarily for extinguishing fires, 

and for explosion protection. The two 

halons most widely used in the United 

States are halon-1211 and halon-1301. 

This final rule is not expected to affect 

the supply of unblended halons. 

Halons are used in a wide range of fire 

protection applications because they 

combine four characteristics. First, they 

are highly effective against solid, liquid/ 

gaseous, and electrical fires (referred to 

as Class A, B, and C fires, respectively). 

Second, they dissipate rapidly, leaving 

no residue, and thereby avoid secondary 

damage to the property they are 

protecting. Third, halons do not conduct 

electricity and can be used in areas 

containing live electrical equipment 

where they can penetrate to and around 

physical objects to extinguish fires in 

otherwise inaccessible areas. Finally, 

halons are generally safe for limited 

human exposure when used with proper 

exposure controls. 

While effective fire suppression 

agents, halons are among the most 

potent ozone-depleting substances 

(ODS). Halon-1301 has an ODP of 10.0 

relative to CFC–11, and an atmospheric 

lifetime of 65 years. Halon-1211 has an 

estimated ODP of 3.0 relative to CFC– 

11, and an atmospheric lifetime of 16 

years. 

C. Stratospheric Ozone Protection and 

Legal Authority 

The stratospheric ozone layer protects 

life on Earth from harmful ultraviolet 

(UV–B) radiation. Excessive UV–B 

exposure increases risk of skin cancer, 

cataracts, and suppressed immune 

function, as well as damage to plant life 

and aquatic ecosystems (WMO, 2007).1

Emissions of halogenated gases that 

contain chlorine and bromine, including 

chlorofluorocarbons (CFCs), 

hydrochlorofluorocarbons (HCFCs), 

methyl bromide, and halons, destroy 

stratospheric ozone. Production and 

10184 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 

consumption of these chemicals is 

controlled globally under the Montreal 

Protocol on Substances That Deplete the 

Ozone Layer (the Montreal Protocol), 

and in the United States under the 

Clean Air Act (CAA) as amended. 

The domestic regulatory requirements 

can be found at 40 CFR part 82. The 

Montreal Protocol on Substances that 

Deplete the Ozone Layer is the 

international agreement aimed at 

reducing and eventually eliminating the 

production and consumption of 

stratospheric ozone-depleting 

substances. The U.S. was one of the 

original signatories to the 1987 Montreal 

Protocol and the U.S. ratified the 

Protocol on April 21, 1988. Congress 

then enacted, and President Bush signed 

into law, the CAAA of 1990, which 

included Title VI on Stratospheric 

Ozone Protection, codified as 42 U.S.C. 

Chapter 85, to ensure that the United 

States could satisfy its obligations under 

the Protocol. EPA issued regulations to 

implement this legislation and has made 

amendments to the regulations since 

that time. 

Section 604 of the CAAA of 1990 

requires a production and consumption 

phaseout for all class I substances, 

including halons. Since January 1, 1994, 

in accordance with the Montreal 

Protocol and the accelerated phaseout 

provision of section 606 of the CAAA of 

1990, U.S. production and importation 

of halon-1301 has been prohibited (40 

CFR 82.4(c)(1), (d); 58 FR 65018). EPA’s 

regulations allow for limited exceptions 

to the ban on import of phased-out class 

I controlled substances provided the 

substances are: (1) Previously used, 

recycled, or reclaimed and the importer 

files a petition and receives a nonobjection notice from the Administrator 

(40 CFR 82.4(j)); (2) imported for 

essential or critical uses as authorized 

by the Protocol and the regulations; (3) 

a transhipment or a heel; or (4) 

transformed or destroyed (40 CFR 

82.4(d)). This final rule amends the 

petition requirements for substances 

that are previously used, recycled, or 

reclaimed. The basis for treating these 

substances differently from new 

substances was established in previous 

rulemakings and is summarized under 

section I.D of this preamble. 

Additional authority for the 

amendments in this final rule is found 

in section 608(a)(2) of the CAAA of 

1990, which directs EPA to establish 

standards and requirements regarding 

use and disposal of class I and II 

substances other than refrigerants. The 

purpose of section 608(a) is to reduce 

the use and emission of ODS to the 

lowest achievable level and maximize 

the recapture and recycling of such 

substances. EPA previously issued a 

rule implementing this provision with 

respect to halon use generally (63 FR 

11084 (March 5, 1998) codified at 40 

CFR part 82, subpart H). In the instance 

of aircraft halon bottles, EPA believes 

that this final rule will create a further 

incentive for industry to minimize 

emissions of halons by exempting 

certain importers from the up-front 

petition process in order to facilitate 

proper maintenance of the bottles and 

thereby minimize the potential for 

fissures and leaking of ODS from these 

bottles. 

D. Import Petitioning Process 

Initially, EPA did not make a 

distinction between the import of new 

and used controlled substances. In 1992, 

Decision IV/24 taken by the Parties to 

the Montreal Protocol interpreted 

Article 2 of the treaty as allowing a 

country to import a used ODS beyond 

the phaseout date of that substance. The 

Parties took this decision to promote the 

use of banks of ODS and to smooth the 

transition to ozone-safe alternatives. 

Following Decision IV/24, EPA added a 

regulatory provision to allow for the 

import of previously used or recycled 

controlled substances without 

consumption allowances (December 10, 

1993, 58 FR 65018). Prior to that time, 

all imports of controlled substances, 

whether new or used, could only occur 

if the importing entity held and 

expended sufficient consumption 

allowances from EPA for the transaction 

(July 30, 1992, 57 FR 33754). 

The Agency found, however, that the 

December 1993 rule was too permissive 

and that containers of virgin ODS could 

be, and in fact were, easily imported as 

fraudulently labeled used material. 

Other countries also experienced a rise 

in the illegal shipment of fraudulently 

labeled ODS following the 

reclassification of used ODS in Decision 

IV/24. Therefore, in 1994, EPA proposed 

to revise its regulations and require all 

importers to petition the Agency prior to 

importing a used ODS (November 10, 

1994, 59 FR 56275). This petition 

process would allow the Agency to 

verify that a shipment in fact contained 

a used controlled substance and thus 

reduce, although not eliminate, the 

potential for illegal trade. In addition, 

the Agency also proposed to amend the 

defined phrase ‘‘used and recycled 

controlled substances’’ to eliminate the 

words ‘‘and recycled’’ and include only 

the term ‘‘used.’’ In its description of the 

proposed changes to the definition of 

used controlled substances, the Agency 

further stated that: ‘‘[i]n this manner, a 

controlled substance is defined as used 

if it was recovered from a use system, 

regardless of whether it was 

subsequently recycled or reclaimed’’ (59 

FR 56285). These proposed changes, 

with minor adjustments based on 

comments, were issued by the Agency 

and the petition process for the import 

of used ODS was by EPA (May 10, 1995, 

60 FR 24970). A subsequent final rule 

also was issued by the Agency that 

established the requirements that are 

currently in effect for the import 

petition process (December 31, 2002, 67 

FR 79861). 

The import petition requirements for 

class I substances are specified at 40 

CFR 82.13(g)(2). They state, in part, that 

40 days prior to shipment from the 

foreign port of export, the importer must 

provide information to the 

Administrator including, but not limited 

to the following: name and quantity of 

controlled substance to be imported; 

name and address of the importer along 

with information for a contact person; 

name and address of source facility 

along with information for a contact 

person; detailed description of the 

previous use providing documents 

where possible; a list of the name, make 

and model of the equipment from which 

the ODS was recovered; name and 

address of exporter along with contact 

information; the U.S. port of entry and 

expected date of shipment; a description 

of the intended use of the controlled 

substance; and the name and address of 

the U.S. reclamation facility where 

applicable. EPA may issue an objection 

to the petition if the information 

submitted by the importer lacks or 

appears to lack any of the information 

required under 40 CFR 82.13(g)(2), 

among other reasons. As further 

explained in section II below, the 

Agency recognizes that review of this 

information prior to import is not 

necessary for halon-1301 contained in 

aircraft halon bottles destined for 

service and is therefore amending its 

regulations as described in section II of 

this preamble. 

E. History of Rulemaking 

On April 11, 2006, EPA issued a 

direct final rule (71 FR 18219) and 

companion proposed rule (71 FR 18259) 

in the Federal Register. The direct final 

rule sought to exempt importers of 

aircraft halon bottles, which contain 

halon-1301, from the import petition 

process in order to facilitate the routine 

hydrostatic testing of these bottles for 

environmental and safety purposes. EPA 

published the amendment without prior 

proposal because the Agency viewed it 

as a noncontroversial action and 

anticipated no adverse comment. The 

Agency did not anticipate any adverse 

comment because of the importance of 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 10185 

testing aircraft halon bottles for safety 

purposes and the environmental benefit 

resulting from preventative maintenance 

of these containers. In the direct final 

rule, the Agency indicated that should 

we receive adverse comment by May 11, 

2006, we would publish a timely 

withdrawal notice in the Federal 

Register. During the comment period, 

EPA received comments from a total of 

four submitters. These comments are 

contained in Air Docket EPA–HQ– 

OAR–2005–0131. Comments from three 

of the four submitters supported EPA’s 

action to exempt importers of aircraft 

halon bottles from the import petition 

process. However, EPA received adverse 

comments from one commenter and, 

therefore, withdrew the direct final rule 

on June 7, 2006 (71 FR 32840). The 

Agency is addressing these comments in 

today’s final action in section III below. 

II. Aircraft Halon Bottle Exemption 

From the Import Petitioning Process 

A. Summary of Final Rule 

In this action, EPA is amending its 

regulations to exempt the import of 

aircraft halon bottles for hydrostatic 

testing from the import petition process. 

EPA classifies halon-1301 contained 

in aircraft halon bottles that were 

removed from an on-board fire 

suppression system as used controlled 

substances. EPA regulations define 

‘‘used controlled substances’’ as 

‘‘controlled substances that have been 

recovered from their intended use 

systems (may include controlled 

substances that have been, or may be 

subsequently, recycled or reclaimed)’’ 

(40 CFR 82.3). Halon-1301 is placed into 

aircraft bottles and the bottles are then 

inserted into a fire suppression system. 

When the system is dismantled or the 

bottles are removed from the system, the 

halon-1301 contained in the bottles is 

considered used since it was removed 

from a use system. 

In the history of the program, the 

mechanisms that govern the import of 

used ODS have ranged from no controls 

to a detailed up-front petition process. 

The Agency has selected 

implementation mechanisms 

considering many factors including 

practicability and protection of the 

ozone layer. When EPA believed it was 

to the benefit of the environment to 

encourage the import of used ODS, the 

Agency implemented a nonrestrictive 

import mechanism. When the Agency 

discovered a rise in illegal trade of ODS, 

EPA instituted a thorough petition 

process to curb the traffic of illicit 

material. 

EPA does not believe that it is 

economically feasible to import halon1301 illegally in aircraft bottles due to 

the size, costs, and uniqueness of the 

bottles. Thus, the illegal-trade basis for 

EPA’s rigorous petition process does not 

apply in this instance. Furthermore, 

EPA believes that a narrow exemption 

for aircraft halon bottles is appropriate 

because it will remove impediments to 

the proper management of these halon1301 containing bottles. In the United 

States and abroad, the exclusion of these 

aircraft bottles from the import petition 

process will cause transit and testing to 

occur more expeditiously, thus 

promoting proper maintenance of these 

fire suppression devices and prevention 

of accidental emissions. Proper 

maintenance of these bottles is crucial 

for safety and environmental protection. 

B. Import of Aircraft Halon Bottles for 

Hydrostatic Testing 

Halon-1301 is used in aircraft halon 

bottles that are components of larger fire 

suppression systems used on aircraft. 

Halon bottles are pressurized containers 

that typically contain from one to one 

hundred pounds of a halon-1301/ 

nitrogen mixture. As halon bottles are 

under high pressure in severe 

environments, they are at risk of leakage 

and their effectiveness may decrease 

over time. Hydrostatic testing of the 

bottles detects such leakage and 

determines whether the bottles are 

functioning properly. 

The halon bottles must be tested 

routinely under Federal Aviation 

Administration (FAA) and United States 

Department of Transportation (DOT) 

regulations. Federal Aviation 

Regulations (FAR) section 25.851 (a)(6) 

(14 CFR Part 25) requires the presence 

of halon bottles aboard transport 

category aircraft. The FAA Flight 

Standards Handbook Bulletin for 

Airworthiness 02–01B (effective 7/16/02 

and amended 2/10/03) provides 

guidance on the maintenance and 

inspection of the halon bottles and 

states in paragraph 3(b) that ‘‘pressure 

cylinders that are installed as aircraft 

equipment will be maintained and 

inspected in accordance with 

manufacturer’s requirements.’’ 

Manufacturer’s requirements specify 

periodic testing of aircraft halon bottles. 

Halon bottles may be serviced by an 

on-site facility at an airport or may be 

removed from the aircraft, shipped to a 

testing facility at a location in the U.S. 

or abroad, and then returned to the 

airline. Once a hydrostatic testing 

company receives the halon bottles, the 

used halon-1301 is removed and 

recovered for future reclamation. The 

bottles are then hydrostatically tested to 

ensure durability and effectiveness, after 

which they are re-filled with halon-1301 

and returned to the customer. 

To better understand this process, 

EPA received information from two 

major service companies and about 15 

other companies that provide 

hydrostatic testing services to the airline 

industry. Industry experts estimate that 

approximately 60,000 bottles are in 

service globally, some portion of which 

are serviced in U.S. testing facilities. 

Information provided to the Agency 

from the two major U.S. companies 

indicates that each year those 

companies service about 5,000 bottles, 

some portion of which are imported. 

The amount of halon in the aircraft 

bottles can range from 1 to 100 pounds 

of halon-1301, although most bottles 

contain between 5 to 25 pounds. EPA 

understands that not all aircraft bottles 

are imported with complete charges, 

meaning that a bottle capable of holding 

25 pounds of halon-1301 may in fact 

contain less. It is industry practice, 

however, to export the bottles back to 

the country of origin with a full charge 

of halon-1301. 

C. Exemption to the Import Petition 

Requirements 

This final rule exempts importers of 

halon-1301 shipped in aircraft halon 

bottles from the petition import 

requirements under 40 CFR 82.13(g)(2), 

as described in the previous section of 

this preamble. An importer or exporter 

of halon-1301 contained in aircraft 

halon bottles is typically a maintenance 

and testing facility that is a certified 

repair station under 14 CFR part 145 or 

an aircraft halon bottle manufacturer 

that imports and exports aircraft fire 

extinguishing pressure vessels for 

servicing, maintenance, and hydrostatic 

testing. Under this final rule, importers 

of aircraft halon bottles are no longer 

required to submit petition data to, and 

seek approval from, the Administrator 

prior to individual imports. 

D. Reporting and Recordkeeping 

Requirements for Importers and 

Exporters 

The Agency tracks the amount of used 

halon-1301 imported and exported 

annually in aircraft bottles because such 

movement of halon across U.S. borders 

constitutes import and export as 

characterized under 40 CFR part 82. 

EPA reminds importers of aircraft 

bottles that despite the exception to the 

petition requirements finalized in this 

action, they are still required to 

maintain import records, as set forth in 

40 CFR 82.13(g)(1), including but not 

limited to the following: (i) The quantity 

of each controlled substance imported, 

either alone or in mixtures, including 

10186 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 

the percentage of each mixture which 

consists of a controlled substance; (ii) 

The quantity of those controlled 

substances imported that are used 

(including recycled or reclaimed); (iv) 

The date on which the controlled 

substances were imported; (v) The port 

of entry through which the controlled 

substances passed; (vi) The country 

from which the imported controlled 

substances were imported; (vii) The 

commodity code for the controlled 

substances shipped, which must be one 

of those listed in Appendix K to 40 CFR 

part 82, subpart A; (viii) The importer 

number for the shipment; (ix) A copy of 

the bill of lading for the import; (x) The 

invoice for the import; (xi) The quantity 

of imports of used, recycled or 

reclaimed class I controlled substances; 

and (xii) The U.S. Customs entry form. 

EPA is amending the recordkeeping 

requirement at 40 CFR 82.13(g)(1) to 

state that information provided through 

the petition process is only to be 

maintained ‘‘where applicable.’’ No 

such information will have been 

provided in the case of aircraft halon 

bottles. EPA is not amending the 

remaining reporting and recordkeeping 

requirements for importers and 

exporters, found at 40 CFR 82.13(g)(4) 

and (h)(1) respectively, but is 

summarizing the requirements relevant 

to importers and exporters of halon 

aircraft bottles in this preamble for 

convenience of the public. Persons who 

import or export halon aircraft bottles 

should refer to the regulations for the 

definitive list of requirements. 

EPA reminds importers of aircraft 

halon bottles that they are required to 

submit quarterly reports within 45 days 

of the end of the applicable quarter, in 

accordance with 40 CFR 82.13(g)(4). 

These quarterly reports include but are 

not limited to the following information: 

(i) A summary of the records required in 

paragraphs 40 CFR 82(g)(1)(i) through 

(xvi) for the previous quarter; (ii) the 

total quantity imported in kilograms of 

each controlled substance for that 

quarter; and (iii) the quantity of those 

controlled substances imported that are 

used controlled substances. EPA 

reminds persons that test and 

subsequently export aircraft halon 

bottles that they must submit an annual 

report (45 days after the end of the 

calendar year, in accordance with 40 

CFR 82.13(h)). The annual report must 

include but is not limited to the 

following information: (i) The names 

and addresses of the exporter and the 

recipient of the exports; (ii) The 

exporter’s Employee Identification 

Number; (iii) The type and quantity of 

each controlled substance exported and 

what percentage, if any, of the 

controlled substance is used, recycled or 

reclaimed; (iv) The date on which, and 

the port from which, the controlled 

substances were exported from the 

United States or its territories; (v) The 

country to which the controlled 

substances were exported; (vi) The 

amount exported to each Article 5 

country; (vii) The commodity code of 

the controlled substance shipped. 

EPA has provided guidance on the 

reporting and recordkeeping 

requirements. The importer quarterly 

report form and the annual exporter 

report form may be found on EPA’s Web 

site at http://www.epa.gov/ozone/ 

record. This information is also 

available via the Ozone Hotline at (800) 

296–1996. 

III. Response to Comments 

A commenter on the April 11, 2006, 

rule (71 FR 18259) opposes any use of 

halons and opposes reducing the burden 

for those who import halons. EPA does 

not agree with the commenter’s 

concerns regarding the potential adverse 

health effects of direct exposure to 

halons, or using this as a basis for 

opposing the exemption to the import 

petition process for importers of aircraft 

halon bottles. Halons are gaseous or 

easily vaporized halocarbons that were 

developed for, and have been used in, 

a wide range of fire protection 

applications because they combine four 

important characteristics. First, they are 

highly effective against solid, liquid/ 

gaseous, and electrical fires. Second, 

they dissipate rapidly, leaving no 

residue. Third, halons do not conduct 

electricity and can be used in areas 

containing live electrical equipment. 

Finally, halons are generally safe for 

limited human exposure when used 

with proper exposure controls. This 

action is not expected to affect the 

supply or the continued use of halons 

for these applications. It concerns the 

import of used halons and does not 

allow the production of additional 

quantities of halons. 

With regard to the commenter’s 

opposition to reducing the 

recordkeeping and reporting 

requirements for importers of aircraft 

halon bottles, EPA believes that this 

action will create a further incentive for 

industry to minimize emissions of 

halons while facilitating the proper 

maintenance of the bottles and thereby 

minimizing inadvertent leaks. Proper 

maintenance of these bottles is crucial 

from a safety perspective in order to 

prevent leakage and meet bottle testing 

requirements under FAA and DOT 

regulations. Because halons are among 

the most potent ozone-depleting 

substances in use today, minimizing 

emissions is also important for the 

environment. As discussed in section 

II.D. above, despite the exception to the 

petition requirements finalized in this 

action, importers of aircraft halon 

bottles remain subject to recordkeeping 

and reporting requirements. 

IV. Statutory and Executive Order 

Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order (EO) 12866 (58 FR 

51735, October 4, 1993) and is therefore 

not subject to review under the EO. 

B. Paperwork Reduction Act 

This action does not impose any new 

information collection burden. Current 

recordkeeping and reporting 

requirements under 40 CFR 82.13 allow 

EPA to implement the provisions of this 

final rule. This action will reduce the 

reporting burden that would otherwise 

be required under 40 CFR 82.13(g) by 

removing the requirement to submit 

information to EPA prior to each import 

of aircraft halon bottles. OMB has 

previously approved the information 

collection requirements contained in the 

existing regulations under the 

provisions of the Paperwork Reduction 

Act, 44 U.S.C. 3501 et seq. and has 

assigned OMB control number 2060– 

0170, EPA ICR number 1432.25. A copy 

of the OMB approved Information 

Collection Request (ICR) may be 

obtained from Susan Auby, Collection 

Strategies Division; U.S. Environmental 

Protection Agency (2822T); 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460 or by calling (202) 566–1672. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements; train personnel to be able 

to respond to a collection of 

information; search data sources; 

complete and review the collection of 

information; and transmit or otherwise 

disclose the information. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to a collection of information 

unless it displays a currently valid OMB 

Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 10187 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

generally requires an agency to prepare 

a regulatory flexibility analysis of any 

rule subject to notice and comment 

rulemaking requirements under the 

Administrative Procedure Act or any 

other statute unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

jurisdictions. 

For purposes of assessing the impacts 

of this final rule on small entities, a 

small entity is defined as: (1) A small 

business that is primarily engaged in the 

hydrostatic testing of aircraft halon 

bottles as defined in NAICS code 

541380 with annual receipts less than 

$10,000,000 (based on Small Business 

Administration size standards); (2) a 

small governmental jurisdiction that is a 

government of a city, county, town, 

school district or special district with a 

population of less than 50,000; and (3) 

a small organization that is any not-forprofit enterprise which is independently 

owned and operated and is not 

dominant in its field. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule will not impose any 

requirements on small entities. None of 

the entities affected by this rule are 

considered small as defined in NAICS 

code 541380. This action will reduce 

the reporting burden that would 

otherwise be required under 40 CFR 

82.13(g) by removing the requirement to 

submit information to EPA prior to each 

import of aircraft halon bottles. EPA has 

thus determined that this final rule will 

relieve burden on all entities that import 

aircraft halon bottles. 

D. Unfunded Mandates Reform Act 

This action contains no Federal 

mandates under the provisions of Title 

II of the Unfunded Mandates Reform 

Act of 1995 (UMRA), 2 U.S.C. 1531– 

1538 for State, local, or tribal 

governments or the private sector. The 

action imposes no enforceable duty on 

any State, local or tribal governments or 

the private sector. Therefore, this action 

is not subject to the requirements of 

sections 202 or 205 of the UMRA. 

This action is also not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

Rather, this action will reduce the 

reporting burden that would otherwise 

be required under 40 CFR 82.13(g) by 

removing the requirement to submit 

information to EPA prior to each import 

of aircraft halon bottles. 

E. Executive Order 13132: Federalism 

Executive Order 13132, titled 

‘‘Federalism’’ (64 FR 43255, August 10, 

1999), requires EPA to develop an 

accountable process to ensure 

‘‘meaningful and timely input by State 

and local officials in the development of 

regulatory policies that have federalism 

implications.’’ ‘‘Policies that have 

federalism implications’’ is defined in 

the Executive Order to include 

regulations that 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.’’ 

This final 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 final rule 

is expected to primarily affect importers 

and exporters of halons. Thus, 

Executive Order 13132 does not apply 

to this rule. 

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). Rather, this action will reduce 

the reporting burden that would 

otherwise be required under 40 CFR 

82.13(g) by removing the requirement to 

submit information to EPA prior to each 

import of aircraft halon bottles. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health & 

Safety Risks 

This action is not subject to EO 13045 

(62 FR 19885, April 23, 1997) because 

it is not economically significant as 

defined in EO 12866. EPA nonetheless 

has reason to believe that the 

environmental, health, or safety risk 

addressed by this action may have a 

disproportionate effect on children. 

Depletion of stratospheric ozone results 

in greater transmission of the sun’s 

ultraviolet (UV) radiation to the earth’s 

surface. The following studies describe 

the effects on children of excessive 

exposure to UV radiation: (1) 

Westerdahl J, Olsson H, Ingvar C. ‘‘At 

what age do sunburn episodes play a 

crucial role for the development of 

malignant melanoma,’’ Eur J Cancer 

1994; 30A: 1647–54; (2) Elwood JM, 

Jopson J. ‘‘Melanoma and sun exposure: 

an overview of published studies,’’ Int 

J Cancer 1997; 73:198–203; (3) 

Armstrong BK. ‘‘Melanoma: childhood 

or lifelong sun exposure,’’ In: Grobb JJ, 

Stern RS, Mackie RM, Weinstock WA, 

eds. ‘‘Epidemiology, causes and 

prevention of skin diseases,’’ 1st ed. 

London, England: Blackwell Science, 

1997: 63–6; (4) Whiteman D., Green A. 

‘‘Melanoma and Sunburn,’’ Cancer 

Causes Control, 1994: 5:564–72; (5) 

Kricker A, Armstrong, BK, English, DR, 

Heenan, PJ. ‘‘Does intermittent sun 

exposure cause basal cell carcinoma? A 

case control study in Western 

Australia,’’ Int J Cancer 1995; 60: 489– 

94; (6) Gallagher, RP, Hill, GB, Bajdik, 

CD, et al. ‘‘Sunlight exposure, 

pigmentary factors, and risk of 

nonmelanocytic skin cancer I, Basal cell 

carcinoma,’’ Arch Dermatol 1995; 131: 

157–63; (7) Armstrong, BK. ‘‘How sun 

exposure causes skin cancer: an 

epidemiological perspective,’’ 

Prevention of Skin Cancer. 2004. 89– 

116. 

EPA anticipates that this rule will 

have a positive impact on the 

environment and human health by 

removing a disincentive to preventive 

maintenance of aircraft halon bottles 

and reducing the likelihood of 

accidental emissions. Any impact this 

action does have will be to further 

decrease impacts on children’s health 

from stratospheric ozone depletion. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211 (66 FR 28355 (May 22, 

2001)), because it is not a significant 

regulatory action under Executive Order 

12866. 

I. National Technology Transfer 

Advancement Act 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (‘‘NTTAA’’), Public Law No. 

104–113, Section 12(d) (15 U.S.C. 272 

note) directs EPA to use voluntary 

consensus standards in its regulatory 

activities unless to do so would be 

inconsistent with applicable law or 

otherwise impractical. Voluntary 

consensus standards are technical 

standards (e.g., materials specifications, 

test methods, sampling procedures, and 

10188 Federal Register / Vol. 74, No. 45 / Tuesday, March 10, 2009 / Rules and Regulations 

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 does not involve technical 

standards. Therefore, EPA did not 

consider the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order (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 final 

rule will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it 

increases the level of environmental 

protection for all affected populations 

without having any disproportionately 

high and adverse human health or 

environmental effects on any 

population, including any minority or 

low-income population. EPA anticipates 

that this rule will have a positive impact 

on the environment and human health 

by removing a disincentive to 

preventive maintenance of aircraft halon 

bottles and reducing the likelihood of 

accidental emissions. Thus, this rule is 

not expected to increase the impacts on 

the health of minority or low-income 

populations from stratospheric ozone 

depletion. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. EPA will submit a 

report containing this rule and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

This action is not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). This rule 

will be effective April 9, 2009. 

List of Subjects in 40 CFR Part 82 

Environmental protection, 

Administrative practice and procedure, 

Chemicals, Exports, Halon, Imports, 

Ozone layer, Reporting and 

recordkeeping requirements. 

Date: March 4, 2009. 

Lisa P. Jackson, 

Administrator. 

■ For the reasons set out in the 

preamble, 40 CFR part 82 is amended as 

follows: 

PART 82—PROTECTION OF 

STRATOSPHERIC OZONE 

■ 1. The authority citation for part 82 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7601, 7671– 

7671q. 

■ 2. Section 82.3 is amended by adding, 

in alphabetical order, definitions for 

‘‘Aircraft halon bottle’’ and ‘‘Hydrostatic 

testing’’ to read as follows: 

§ 82.3 Definitions for class I and class II 

controlled substances. 

* * * * * 

Aircraft halon bottle means a vessel 

used as a component of an aircraft fire 

suppression system containing halon1301 approved under FAA rules for 

installation in a certificated aircraft. 

* * * * * 

Hydrostatic testing means checking a 

gas pressure vessel for leaks or flaws. 

The vessel is filled with a nearly 

incompressible liquid—usually water or 

oil—and examined for leaks or 

permanent changes in shape. 

* * * * * 

■ 3. Section 82.4 is amended by revising 

the first sentence of paragraph (j) to read 

as follows: 

§ 82.4 Prohibitions for class I controlled 

substances. 

* * * * * 

(j) Effective January 1, 1995, no 

person may import, at any time in any 

control period, a used class I controlled 

substance, except for Group II used 

controlled substances shipped in 

aircraft halon bottles for hydrostatic 

testing, without having received a nonobjection notice from the Administrator 

in accordance with § 82.13(g)(2) and (3). 

* * * * * 

■ 4. Section 82.13 is amended by 

revising paragraphs (g)(1)(ii) and (g)(2) 

introductory text to read as follows: 

§ 82.13 Recordkeeping and reporting 

requirements for class I controlled 

substances. 

* * * * * 

(g) * * * 

(1) * * * 

(ii) The quantity of those controlled 

substances imported that are used 

(including recycled or reclaimed) and, 

where applicable, the information 

provided with the petition as under 

paragraph (g)(2) of this section; 

* * * * * 

(2) Petitioning—Importers of Used, 

Recycled or Reclaimed Controlled 

Substances. For each individual 

shipment over 5 pounds of a used 

controlled substance as defined in 

§ 82.3, except for Group II used 

controlled substances shipped in 

aircraft halon bottles for hydrostatic 

testing, an importer must submit 

directly to the Administrator, at least 40 

working days before the shipment is to 

leave the foreign port of export, the 

following information in a petition: 

* * * * * 

[FR Doc. E9–5073 Filed 3–9–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[DA 09–523; MB Docket No. 08–125; RM– 

11457] 

Television Broadcasting Services; 

Scranton, PA 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commission grants a 

petition for rulemaking filed by Local 

TV Pennsylvania License, LLC, the 

licensee of station WNEP–DT, to 

substitute DTV channel 50 for posttransition DTV channel 49 at Scranton, 

Pennsylvania. 

DATES: This rule is effective March 10, 

2009. 

FOR FURTHER INFORMATION CONTACT: 

David J. Brown, Media Bureau, (202) 

418–1600. 

SUPPLEMENTARY INFORMATION: This is a 

synopsis of the Commission’s Report 

and Order, MB Docket No. 08–125, 

adopted February 26, 2009, and released 

February 27, 2009. The full text of this 

document is available for public 

inspection and copying during normal