81 FR 6824 - Protection of Stratospheric Ozone: Revisions to Reporting and Recordkeeping for Imports and Exports

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 81, Issue 26 (February 9, 2016)

Page Range		6824-6825
FR Document		2016-02320

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.

Federal Register, Volume 81 Issue 26 (Tuesday, February 9, 2016)

[Federal Register Volume 81, Number 26 (Tuesday, February 9, 2016)]
[Proposed Rules]
[Pages 6824-6825]
From the Federal Register Online  [www.thefederalregister.org]
[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.

-----------------------------------------------------------------------

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: [email protected]. 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

6824 Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules

[FR Doc. 2016–02306 Filed 2–8–16; 8:45 am] you wish to make. EPA will generally B. Does this action apply to me?
BILLING CODE 6560–50–P not consider comments or comment This rulemaking may affect the
contents located outside of the primary following categories: Industrial Gas
submission (i.e., on the web, cloud, or Manufacturing entities (NAICS code
ENVIRONMENTAL PROTECTION other file sharing system). For 325120), including fluorinated
AGENCY additional submission methods, the full hydrocarbon gas manufacturers,
EPA public comment policy, importers, and exporters; Other
40 CFR Part 82 information about CBI or multimedia Chemical and Allied Products Merchant
[EPA–HQ–OAR–2015–0309; FRL–9941–81– submissions, and general guidance on Wholesalers (NAICS code 424690),
OAR] making effective comments, please visit including chemical gases and
http://www2.epa.gov/dockets/ compressed gases merchant importers
RIN 2060–AS68
commenting-epa-dockets. and exporters; and refrigerant reclaimers
Protection of Stratospheric Ozone: FOR FURTHER INFORMATION CONTACT: or other such entities that might import
Revisions to Reporting and Jeremy Arling by regular mail: U.S. virgin, recovered, or reclaimed
Recordkeeping for Imports and Environmental Protection Agency, refrigerant gas.
Exports Stratospheric Protection Division This list is not intended to be
(6205T), 1200 Pennsylvania Avenue exhaustive, but rather to provide a guide
AGENCY: Environmental Protection for readers regarding entities likely to be
Agency (EPA). NW., Washington, DC 20460; by
telephone: (202) 343–9055; or by email: regulated by this action. To determine
ACTION: Proposed rule. whether your facility, company,
arling.jeremy@epa.gov. You may also
visit the EPA’s Ozone Protection Web business, or organization could be
SUMMARY: EPA is proposing to make regulated by this action, you should
minor conforming edits to the site at www.epa.gov/ozone/
strathome.html for further information carefully examine the regulations
stratospheric protection regulations to promulgated at 40 CFR part 82, subpart
implement the International Trade Data about EPA’s Stratospheric Ozone
Protection regulations, the science of A. If you have questions regarding the
System. In the ‘‘Rules and Regulations’’ applicability of this action to a
section of this Federal Register, we are ozone layer depletion, and other related
topics. particular entity, consult the person
making these edits as a direct final rule listed in the preceding section.
without a prior proposed rule. If we SUPPLEMENTARY INFORMATION:
receive no adverse comment, we will II. Statutory and Executive Order
not take further action on this proposed I. General Information Reviews
rule. This system allows businesses to A. Why is EPA issuing this proposed A. Executive Order 12866: Regulatory
transmit the transactional data required rule? Planning and Review and Executive
by multiple Federal agencies for the Order 13563: Improving Regulation and
import and export of cargo through a This document proposes to make
minor conforming edits to the Regulatory Review
single ‘‘window.’’ As businesses
currently must submit trade data to stratospheric protection regulations to This action is not a significant
multiple agencies, in multiple ways, implement the International Trade Data regulatory action and was therefore not
and often on paper, the transition to System primarily by removing submitted to the Office of Management
electronic filing is expected to save references to specific Customs forms and Budget (OMB) for review.
businesses time and money. that will become obsolete under the new B. Paperwork Reduction Act (PRA)
Specifically, this rulemaking would system. EPA has published a direct final
remove the requirement that the petition rule making these edits in the ‘‘Rules This action does not impose any new
for used ozone-depleting substances and Regulations’’ section of this Federal information collection burden under the
accompany the shipment through U.S. Register. We view this as a PRA because the requirements to
Customs and remove references to noncontroversial action and anticipate maintain entry numbers and EINs are a
Customs forms that are obsolete under no adverse comment. We have subset of the previous requirements to
the new system. explained our reasons for this action in maintain forms containing this
the preamble to the direct final rule. For information. OMB has previously
DATES: Written comments must be
additional information on the action approved the information collection
received by March 10, 2016. activities contained in the existing
being taken, see the direct final rule
ADDRESSES: Submit your comments, regulations and has assigned OMB
published in the Rules and Regulations
identified by Docket ID No. EPA–HQ– section of this Federal Register. control number 2060–0170 and 2060–
OAR–2015–0309, at http:// 0438.
www.regulations.gov. Follow the online If we receive no adverse comment, we
instructions for submitting comments. will not take further action on this C. Regulatory Flexibility Act (RFA)
Once submitted, comments cannot be proposed rule. If we receive adverse I certify that this action will not have
edited or removed from Regulations.gov. comment, we will withdraw the direct a significant economic impact on a
EPA may publish any comment received final rule and it will not take effect. We substantial number of small entities
to its public docket. Do not submit would address all public comments in under the RFA. In making this
electronically any information you any subsequent final rule based on this determination, the impact of concern is
mstockstill on DSK4VPTVN1PROD with PROPOSALS

consider to be Confidential Business proposed rule. any significant adverse economic
Information (CBI) or other information We do not intend to institute a second impact on small entities. An agency may
whose disclosure is restricted by statute. comment period on this action. Any certify that a rule will not have a
Multimedia submissions (audio, video, parties interested in commenting must significant economic impact on a
etc.) must be accompanied by a written do so at this time. For further substantial number of small entities if
comment. The written comment is information, please see the information the rule relieves regulatory burden, has
considered the official comment and provided in the ADDRESSES section of no net burden or otherwise has a
should include discussion of all points this document. positive economic effect on the small

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Federal Register / Vol. 81, No. 26 / Tuesday, February 9, 2016 / Proposed Rules 6825

entities subject to the rule. This action supply, distribution or use of energy. (3) The actual owner; or
makes minor changes to recordkeeping This action makes minor changes to (4) The transferee, if the right to draw
and reporting requirements to remove recordkeeping and reporting merchandise in a bonded warehouse has
references to U.S. Customs forms and requirements to remove references to been transferred.
other small edits. U.S. Customs forms and other small * * * * *
edits. ■ 3. In § 82.13, revise paragraphs
D. Unfunded Mandates Reform Act
(g)(1)(xii), (g)(3)(v), and (g)(3)(viii)(D) to
This action does not contain any I. National Technology Transfer and
read as follows:
unfunded mandate as described in Advancement Act
UMRA, 2 U.S.C. 1531–1538, and does This rulemaking does not involve § 82.13 Recordkeeping and reporting
not significantly or uniquely affect small technical standards. requirements for class I controlled
governments. The action imposes no substances.
J. Executive Order 12898: Federal * * * * *
enforceable duty on any state, local or
Actions To Address Environmental (g) * * *
tribal governments or the private sector.
Justice in Minority Populations and (1) * * *
This action makes minor changes to
Low-Income Populations (xii) The U.S. Customs entry number;
recordkeeping and reporting
requirements to remove references to EPA believes the human health or * * * * *
U.S. Customs forms and other small environmental risk addressed by this (3) * * *
edits. action will not have potential (v) To pass the approved used class I
disproportionately high and adverse controlled substances through U.S.
E. Executive Order 13132: Federalism human health or environmental effects Customs, the non-objection notice
This action does not have federalism on minority, low-income, or indigenous issued by EPA must accompany the
implications. It will not have substantial populations because it does not affect shipment through U.S. Customs.
direct effects on the states, on the the level of protection provided to * * * * *
relationship between the national human health or the environment. This (viii) * * *
government and the states, or on the action makes minor changes to (D) The U.S. Customs entry number.
distribution of power and recordkeeping and reporting * * * * *
responsibilities among the various requirements to remove references to ■ 4. In § 82.24, revise paragraphs
levels of government. U.S. Customs forms and other small (c)(2)(xiii), (c)(4)(v), (c)(4)(viii)(D),
edits. (d)(2)(i), and (d)(3)(i) to read as follows:
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal List of Subjects in 40 CFR Part 82 § 82.24 Recordkeeping and reporting
Governments Environmental protection,
requirements for class II controlled
substances.
This action does not have tribal Administrative practice and procedure,
implications as specified in Executive Air pollution control, Chemicals, * * * * *
Order 13175. This rulemaking does not Imports, Ozone, Reporting and (c) * * *
significantly or uniquely affect the (2) * * *
recordkeeping requirements. (xiii) The U.S. Customs entry number;
communities of Indian tribal Dated: January 21, 2016.
governments, nor does it impose any * * * * *
Gina McCarthy, (4) * * *
enforceable duties on communities of
Indian tribal governments. This action Administrator. (v) To pass the approved used class II
makes minor changes to recordkeeping For the reasons stated in the controlled substances through U.S.
and reporting requirements to remove preamble, 40 CFR part 82 is proposed to Customs, the non-objection notice
references to U.S. Customs forms and be amended as follows: issued by EPA must accompany the
other small edits. Thus, Executive Order shipment through U.S. Customs.
13175 does not apply to this action. PART 82—PROTECTION OF * * * * *
STRATOSPHERIC OZONE (viii) * * *
G. Executive Order 13045: Protection of (D) The U.S. Customs entry number.
Children From Environmental Health ■ 1. The authority citation for part 82 * * * * *
Risks and Safety Risks continues to read as follows: (d) * * *
The EPA interprets Executive Order Authority: 42 U.S.C. 7414, 7601, 7671– (2) * * *
13045 as applying only to those 7671q. (i) The Employer Identification
regulatory actions that concern ■ 2. In § 82.3, revise the definition for Number of the shipper or their agent;
environmental health or safety risks that ‘‘Importer’’ to read as follows: * * * * *
the EPA has reason to believe may (3) * * *
disproportionately affect children, per § 82.3 Definitions for class I and class II (i) The Employer Identification
the definition of ‘‘covered regulatory controlled substances. Number of the shipper or their agent;
action’’ in section 2–202 of the * * * * * and
Executive Order. This action is not Importer means any person who * * * * *
subject to Executive Order 13045 imports a controlled substance or a ■ 5. In § 82.104, revise paragraph (m)(2)
controlled product into the United
mstockstill on DSK4VPTVN1PROD with PROPOSALS

because it does not concern an to read as follows:
environmental health risk or safety risk. States. ‘‘Importer’’ includes the person
primarily liable for the payment of any § 82.104 Definitions.
H. Executive Order 13211: Actions That duties on the merchandise or an * * * * *
Significantly Affect Energy Supply, authorized agent acting on his or her (m) * * *
Distribution, or Use behalf. The term also includes, as (2) The importer of record;
This action is not a ‘‘significant appropriate: * * * * *
energy action’’ because it is not likely to (1) The consignee; [FR Doc. 2016–02320 Filed 2–8–16; 8:45 am]
have a significant adverse effect on the (2) The importer of record; BILLING CODE 6560–50–P

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Document Created: 2018-02-02 14:30:29
Document Modified: 2018-02-02 14:30:29

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Proposed Rules
Action		Proposed rule.
Dates		Written comments must be received by March 10, 2016.
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: [email protected] 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.
FR Citation		81 FR 6824
RIN Number		2060-AS68
CFR Associated		Environmental Protection; Administrative Practice and Procedure; Air Pollution Control; Chemicals; Imports; Ozone and Reporting and Recordkeeping Requirements