[Federal Register Volume 74, Number 45 (Tuesday, March 10, 2009)]
[Rules and Regulations]
[Pages 10182-10188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-5073]
-----------------------------------------------------------------------
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 Halon-1301 Aircraft Fire Extinguishing
Vessels
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 10183]]
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: [email protected].
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 541380 Halon aircraft bottle testing facilities.
services.
----------------------------------------------------------------------------------------------------------------
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
[[Page 10184]]
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.
---------------------------------------------------------------------------
\1\ World Meteorological Organization, Scientific Assessment of
Ozone Depletion: 2006, Global Ozone Research and Monitoring
Project--Report No. 50, 572 pp., Geneva, Switzerland, 2007.
---------------------------------------------------------------------------
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 non-
objection 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
[[Page 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
halon-1301 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 halon-1301 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
[[Page 10186]]
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
[[Page 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-for-
profit 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
[[Page 10188]]
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.
0
For the reasons set out in the preamble, 40 CFR part 82 is 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. Section 82.3 is amended by adding, in alphabetical order,
definitions for ``Aircraft halon bottle'' and ``Hydrostatic testing''
to read as follows:
Sec. 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 halon-1301 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.
* * * * *
0
3. Section 82.4 is amended by revising the first sentence of paragraph
(j) to read as follows:
Sec. 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 non-objection notice
from the Administrator in accordance with Sec. 82.13(g)(2) and (3).
* * * * *
0
4. Section 82.13 is amended by revising paragraphs (g)(1)(ii) and
(g)(2) introductory text to read as follows:
Sec. 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 Sec. 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