EPA considered, and sought comment on, several other options or related issues in the proposed rule, although we did not propose them. This section describes comments the Agency received on those options.
	1. Use only in appliances specific to OEMs. EPA sought comment on an option that would allow isobutane and propane as a refrigerant for use only in OEM-specific appliances, as described in a SNAP application. The reason for such a limitation would be the concern that appliances from other manufacturers would not be designed with spark-proof engineering; nor would the manufacturers be able to develop recovery equipment compatible with flammable refrigerants.
	Comment: EPA received two comments supporting EPA's approach to not impose such a limitation. One observed that limiting use to SNAP-reviewed equipment would be time-consuming and costly for all parties involved, with little added health and safety benefit.
	Response: EPA agrees that limiting refrigerant use to SNAP-reviewed equipment would be time-consuming and costly for all parties involved. We believe that adherence to the UL standards and the use conditions in this rule will help ensure that equipment is designed to use these refrigerants safely, and that use of these substitutes will present risks that are lower than or comparable to the risks from other potential substitutes. Thus we believe it is not necessary to include such a limitation.
	2. Recovery equipment. EPA observed that it had considered proposing a use condition requiring that recovery equipment used to recapture flammable refrigerants be compatible with flammable refrigerants, and sought information on whether there currently is an industry standard for recovery units for flammable refrigerants and whether specific recovery units are available that are compatible with the refrigerants addressed in today's rule.
	Comment: One commenter stated a belief that there are no known manufacturers of recovery equipment for hydrocarbon refrigerants. Another commenter stated that recovery equipment used to recover flammable refrigerants must be compatible with flammable refrigerants, and in the absence of an industry standard, it has developed its own service equipment designed to recapture a flammable refrigerant in accordance with federal and state regulations. A third commenter observed that recovery units are only used in countries like the U.S. where venting is not allowed. Finally, one commenter observed that it uses a recovery device in its U.S. test market that is specifically designed for use with flammable refrigerants.
	Response: The availability of recovery equipment is not necessary to ensure that the refrigerant will not pose more risk than other available substitutes in this end-use. EPA will continue to assess the need for, and availability of, recovery equipment that is compatible with flammable refrigerants.
	3. Venting prohibition. EPA sought comment on whether, in a future rulemaking, it should consider exempting hydrocarbon refrigerants from the section 608 venting prohibition.
	Comment: Several commenters expressed varying levels of support for exempting hydrocarbon refrigerants from the venting prohibition. Two commenters expressed unequivocal support, and four stated that they would support such an exemption if EPA were to confirm there would be no health impact. Another commenter asserted that venting would pose little environmental impact, comparing the worst-case scenario release of 150 grams from retail food refrigeration end-uses, or 57 grams from household refrigeration end-uses, to one and one-third pound, respectively, of CO2 equivalent. Another commenter stated that isobutane is not dangerous, but should not be vented in enclosed spaces. Another commenter supported a venting exemption during servicing, but advocated recovery at end-of-life due to environmental risks associated with the release of refrigerant and oil captured in the refrigerant. Finally, a commenter stated that the environmental impact from venting such small charges is minimal and that safety concerns could be better mitigated through a properly designed and executed educational program. One commenter expressed reservations about allowing venting, and recommended further assessment of flammability risks as well as the potential risk associated with the release of synthetic refrigerant oil during venting.
	Response: EPA appreciates the information provided by commenters. Venting is addressed by section 608 of the CAA and EPA will develop a separate rule under that authority if we determine that hydrocarbon refrigerants in the household refrigeration and retail food refrigeration end-uses should be exempted from the venting prohibition. EPA exercised such authority to exempt hydrocarbons used in industrial process refrigeration systems from the venting prohibition (see 69 FR 11946), but has not made a similar determination for hydrocarbons used in household and retail food refrigerators and freezers. Currently, EPA's regulations implementing section 608 at subpart F to 40 CFR part 82 would prohibit venting of isobutane, propane, and R-441A refrigerants during service, maintenance, repair, and disposal from the end-uses considered in this rule.
	4. Requiring only one use condition. EPA sought comment on an approach that it considered (but did not propose): to require that the only use condition for each hydrocarbon refrigerant be to meet applicable UL 250 and UL 471 standards.
	Comment: EPA received one comment, which opposed such a provision.
	Response: As described above, and consistent with the proposal, EPA has not limited the use conditions to compliance with the UL standards.
	5. "Unacceptable" finding pending industry-wide servicing standards. EPA sought comment on (but did not propose) finding hydrocarbon refrigerants unacceptable until an industry-wide standard exists for servicing appliances using hydrocarbon refrigerants.
	Comment: EPA received two comments on this issue, one opposing and one supporting. Neither commenter provided a rationale for its recommendation.
	Response: As described elsewhere, and consistent with the proposal, EPA is finding the three hydrocarbon refrigerants acceptable subject to use conditions.
M. Other Comments on Proposed Rule
	Comment: In a comment unrelated to the specifics of the proposed rule, one commenter recommended consideration of the type of automated system it uses on its production line. This system sounds a pre-warning alarm when 20 percent of the LFL is reached and shuts down the system if 40 percent of the LFL is reached. The commenter noted that this system conforms to the European standard and is approved by TUV (Technischer Überwachungs-Verein (Technical Inspection Association)), a German safety monitoring agency.
	Response: EPA does not believe it is necessary to establish a use condition requiring the type of system suggested by the commenter. OSHA addresses the use of flammable substances in the workplace, including through its regulations at 29 CFR 1910.106, as discussed in response to other comments below. To the extent a manufacturer believes that additional precautions are appropriate, we believe the manufacturer is in the best position to determine how to address the risks of installing a hydrocarbon refrigerant considering the specific characteristics of its production facilities and personnel. We note that in addition to OSHA requirements, other forces such as concerns for liability; costs of fire and casualty insurance; and reputational interests may also dictate a firm's behavior with respect to worker health and safety protections.
	This final rule includes, in the "Further Information" column of Appendix R, recommendations that OEMs institute safety precautions as needed in their facilities to address potential hazards in the production of appliances using hydrocarbon refrigerants. EPA notes that OSHA regulations are in place to address such hazards. The table in Appendix M references OSHA requirements at 29 CFR part 1910, including those at 29 CFR 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances). Nothing in these final listing decisions, including the "Further Information" column, supersedes other regulations such as these OSHA requirements.
	Comment: Another commenter recommended that the use conditions in the final rule address the use of an odorant as a warning agent to alert manufacturing personnel or technicians of the presence of a leak. Without recommending how the issue should be addressed in this final rule, the commenter offered the following observations:
   * Technicians or manufacturers may use mercaptan as an odor warning agent;
   * Mercaptan is corrosive and is removed by filters and driers in refrigeration systems;
   * Refrigerant classification standards for Australia and New Zealand require that Group A3 refrigerants be odorized or subject to alternative safety provisions.
	Response: EPA agrees that odorization is one way to alert manufacturing or servicing personnel of the presence of a hydrocarbon refrigerant. EPA's risk screen did not evaluate these refrigerants with the addition of an odorant, nor did our proposed rule address odorants in its discussion of refrigerant composition or in its proposed use conditions. Today's final rule does not prohibit the introduction of an odorant into isobutane, propane, or R-441A refrigerant as long as the refrigerant remains within purity specifications. The use conditions in today's final rule, such as red coloring and adherence to UL standards, provide ample safeguards to alert manufacturers, service personnel, and customers of the presence of a flammable refrigerant.
VI. What Other Changes Is EPA Making in the Final Rule?
	In addition to changes made in response to comments, as described in Section V above, EPA is making the following minor changes:
A. Propane as Substitute for R-502
	EPA is revising the wording in the Appendix R table to correct a typographical error. As discussed above, this final rule lists propane as acceptable subject to use conditions as a substitute for CFC-12, HCFC-22, and R-502 in the retail food refrigeration end-use. In the NPRM, the proposed Appendix R table erroneously omitted R-502 (a blend of HCFC-22 and CFC-115) from the listing, although it was included in the preamble discussion. This final rule corrects the error by including R-502 as one of the refrigerants for which propane is listed as a substitute in the retail food refrigeration end-use.
B. Wording of Use Conditions for Labeling
	The use conditions in the proposed rule included requirements for marking (e.g., labeling) of appliances using isobutane and HCR-188C1 (i.e., R-441A) in the household refrigeration end-use, and propane in the retail food refrigeration end-use. EPA intended that language to mirror that of the UL standards. We are making two minor changes to this requirement.
	First, we are restructuring the language for the requirement. The language of the proposed rule first listed the wording required for five different types of labels, and then described where each of the labels was to be placed. For the final rule, we have moved the location requirements, so they are specified immediately before the corresponding label wording. EPA believes this minor revision in the regulatory language provides more clarity and makes the use condition easier to implement.
	Second, EPA is making a minor technical correction to the wording of one of the labels. In the proposed rule, one of the labels was to read as follows:
   "(b) Near the machine compartment: "DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing."
The phrase "Do Not Use Mechanical Devices" was included erroneously in the proposed requirement. EPA recognizes that trained personnel may need to use mechanical devices to service the machine compartment. We have removed that phrase from the use condition in the final listing decision, making the condition consistent with the UL 250 and UL 471 requirements.
C. "Further Information" Column in Listing Decisions
	EPA is also modifying the recommendations listed under "Further Information" to more appropriately cross-reference existing OSHA regulations and to avoid confusion about the relationship between EPA and OSHA requirements.
	The proposed rule contained, under "Further Information," the following recommendations:
      * Technicians and equipment manufactures should wear appropriate personal protective equipment, including chemical goggles and protective gloves when handling isobutane, HCR-188C, and HCR-188C1. Special care should be taken to avoid contact with the skin since isobutane, HCR-188C, and HCR-188C1 like many refrigerants, can cause freeze burns on the skin.
      * A class B dry powder type fire extinguisher should be kept nearby.
      * Proper ventilation should be maintained at all times during the manufacture of appliances containing hydrocarbon refrigerant through adherence to good manufacturing practices as per 29 CFR 1910.110. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated, and re-entry should only occur after the space has been properly ventilated.
      * Technicians should only use spark-proof tools when working refrigerators and freezers with R-600a, HCR-188C, and HCR-188C1.
      * Recovery equipment designed for flammable refrigerants should be used.
      * Only technicians specifically trained in handling flammable refrigerants should service refrigerators and freezers containing these refrigerants. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely.
      * In production facilities or other facilities where large quantities of the refrigerant would be stored, proper safety precautions should be in place to minimize the risk of explosion. These facilities should be equipped with proper ventilation systems to minimize the risks of explosion and should be properly designed and operated to reduce possible ignition sources.
      * Room occupants should evacuate the space immediately following the accidental release of this refrigerant.
	The Agency did not receive any comments on these recommendations. EPA believes that they are appropriate and that they serve as useful reminders of safe practices for technicians and manufacturers. EPA recognizes that some of these recommendations are reflected in OSHA regulations for worker health and safety. For this reason, EPA is adding a cross-reference to OSHA regulations at 29 CFR part 1910 (Occupational Health and Safety Standards) in order to ensure that regulated entities are aware of these requirements. Specifically, Appendix R provides a cross-reference to 29 CFR 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances).
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review
	Under Executive Order 12866 (58 FR 51735, October 4, 1993), this action is a "significant regulatory action." It raises novel legal or policy issues arising out of legal mandates, the President's priorities, or the principles set forth in the Executive Order. Accordingly, EPA submitted this action to the Office of Management and Budget (OMB) for review under Executive Orders 12866 and 13563 (76 FR 3821, January 21, 2011) and any changes made in response to OMB recommendations have been documented in the docket for this action.
B. Paperwork Reduction Act
	This action does not impose any new information collection burden. This final rule is an Agency determination. It contains no new requirements for reporting. The Office of Management and Budget (OMB) has previously approved the information collection requirements contained in the existing regulations in subpart G of 40 CFR part 82 under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control number 2060-0226. This Information Collection Request (ICR) included five types of respondent reporting and recordkeeping activities pursuant to SNAP regulations: submission of a SNAP petition, filing a SNAP/TSCA Addendum, notification for test marketing activity, recordkeeping for substitutes acceptable subject to use restrictions, and recordkeeping for small-volume uses. The OMB control numbers for EPA's regulations are listed in 40 CFR part 9 and 48 CFR Chapter 15.C.
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 rule on small entities, small entity is defined as: (1) A small business as defined by Small Business Administration regulations at 13 CFR 121.201; (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. In determining whether a rule has a significant economic impact on a substantial number of small entities, the impact of concern is any significant adverse economic impact on small entities, since the primary purpose of the regulatory flexibility analyses is to identify and address regulatory alternatives "which minimize any significant economic impact of the rule on small entities." 5 U.S.C. 603 and 604. Thus, 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, or otherwise has a positive economic effect on all of the small entities subject to the rule. The requirements of this final rule affect the manufacturers of household refrigerators and freezers and retail food refrigerators and freezers. Today's action allows users the additional options of using isobutane, propane, and R-441A, but does not mandate such use. Because isobutane, propane, and R-441A refrigeration systems are not yet manufactured in the U.S. (with the exception of limited test-marketing), and because the final rule actually imposes fewer requirements than the proposed rule (i.e., removal of the unique fittings requirement), manufacturers would not be required to change business practices to meet the use conditions and thus the rule would not impose any new costs on small entities.
D. Unfunded Mandates Reform Act
	This action contains no Federal mandates under the provisions of Title II of the Unfunded Mandate Reform Act of 1995 (UMRA), 2 U.S.C. 1531-1538 for State, local, or tribal governments or the private sector. This action imposes no enforceable duty on any State, local, or tribal governments or the private sector.
	The enforceable requirements of this final rule related to integrating risk mitigation devices, markings, and procedures for maintaining the safety of household refrigerators and freezers and retail food refrigerators and freezers using hydrocarbon refrigerants affect only small number of manufacturers of these appliances and their technicians. This rule provides additional refrigerant options, allowing greater flexibility for industry in designing consumer products. Further, since appliances using hydrocarbon refrigerants are not yet widely produced in the U.S., we do not expect impacts on existing users. Thus this rule 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. This regulation applies directly to facilities that use these substances and not to governmental entities. The finding of "acceptability subject to use conditions" for isobutane, propane, and R-441A does not impact the private sector because manufacturers are not producing systems under the current regulation. This final rule does not mandate a switch to these substitutes; consequently, there is no direct economic impact on entities from this rulemaking.
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, as specified in Executive Order 13132. This regulation applies directly to facilities that use these substances and not to governmental entities. Thus Executive Order 13132 does not apply to this action.
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). It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks
	This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not economically significant as defined in Executive Order 12866, and because the Agency does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This final rule provides both regulatory restrictions and recommended guidelines based upon risk screens conducted in order to reduce risk of fire and explosion.
H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use
	This action is not a "significant energy action" as defined in Executive Order 13211 (66 FR 28355 (May 22, 2001)) because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Preliminary information indicates that appliances using these hydrocarbon refrigerants may be more energy-efficient than currently available systems in some climates. Therefore, we have concluded that this rule is not likely to have any adverse energy effects.
I. National Technology Transfer and Advancement Act
	Section 12(d) of the National Technology Transfer and Advancement Act of 1995 ("NTTAA"), Pub L. No. 104-113, (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 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 final rule involves incorporation by reference of technical standards issued by Underwriters Laboratories (UL) concerning the safety and reliability of flammable refrigerants. UL standards are voluntary consensus standards. The use conditions in the rule require, for the household refrigeration end-use, adherence to the UL Standard for Household Refrigerators and Freezers, UL 250, 10th edition, 1993, updated August 2000. The use conditions also require, for the retail food refrigeration end-use, adherence to the UL Standard for Commercial Refrigerators and Freezers, UL 471, 10th edition, November 2010. Copies of UL 250 and UL 471 may be purchased at http://ulstandardsinfonet.ul.com/.
J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations
	Executive Order 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. This final rule would allow sale of appliances with refrigerant substitutes that have no ODP and low GWPs. The reduction in ODS and GHG emissions would assist in restoring the stratospheric ozone layer and provide climate benefits.
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 [INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].
VIII. References
	This preamble references the following documents, which are also in the Air and Radiation Docket at the address listed in Section I.B.1. Unless specified otherwise, all documents are available electronically through the Federal Docket Management System, Docket # EPA-HQ-OAR-2009-0286.
	ACRIB, 2001.  Guidelines for the Use of Hydrocarbon Refrigerants in Static Refrigeration
and Air Conditioning Systems.  Air Conditioning and Refrigeration Industry Board.  2001.
	A.D. Little, 1991. Risk Assessment of Flammable Refrigerants for Use in Home Appliances (draft report). Arthur D. Little, Inc., for EPA, Division of Global Change. September 10, 1991. Docket item EPA-HQ-OAR-2009-0286-0023.
	A.D. Little, 2002.  Global Comparative Analysis of HFC and Alternative Technologies for Refrigeration, Air Conditioning, Foam, Solvent, Aerosol Propellant, and Fire Protection Applications.  Final Report to the Alliance for Responsible Atmospheric Policy, March 21, 2002. Available online at http://www.arap.org/adlittle/4.html.  Accessed on October 13, 2011.
	AHRI, 2008. Air-Conditioning, Heating, and Refrigeration Institute, AHRI Guideline N-2008: Assignment of Refrigerant Colors. 2008.
	ASHRAE, 2010. American National Standards Institute (ANSI)/American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE). Standard 34-2010: Designation and Safety Classification of Refrigerants. 2010. (Supersedes ANSI/ASHRAE Standard 34-2007.)
	A.S. Trust & Holdings, Inc., 2007. Significant New Alternatives Policy Program Submission to the United States Environmental Protection Agency. June 2007.
	A.S. Trust & Holdings, Inc., 2009. HCR-188C New Composition. Follow-up to the HCR-188C Significant New Alternatives Policy Program Submission to the United States Environmental Protection Agency. August 2009.

	Ben and Jerry's, 2008. Ben and Jerry's/Unilever, Significant New Alternatives Policy Program Submission to the United States Environmental Protection Agency, October 2008.
	EPA, 1994. Significant New Alternatives Policy Technical Background Document: Risk Screen on the Use of Substitutes for Class I Ozone-Depleting Substances: Refrigeration and Air Conditioning. Stratospheric Protection Division. March, 1994.
	GE, 2008. Significant New Alternatives Policy Program Submission to the United States Environmental Protection Agency, October 2008.
	Greenpeace, 1997.  "Greenfreeze A Revolution in Domestic Refrigeration."  Available online at http://archive.greenpeace.org/ozone/greenfreeze/.  Accessed on October 13, 2011.
 	ICF, 1997. ICF Consulting. Physiological Effects of Alternative Fire Protection Agents - Hypoxic Atmospheres Conference. Stephanie Skaggs prepared the proceedings of the conference held May 22, 1997 in New London, CT.
	ICF, 2009a. ICF Consulting. "Significant New Alternatives Policy Program - Refrigeration and Air Conditioning Sector  -  Risk Screen on Substitutes for CFC-12 in Household Refrigerators and Household Freezers  -  Substitute: Isobutane." May 22, 2009.
	ICF, 2009b. ICF Consulting. "Significant New Alternatives Policy Program - Refrigeration and Air Conditioning Sector  -  Risk Screen on Substitutes for CFC-12, HCFC-22, and R502 in Retail Food Refrigeration  -  Substitute: Propane." May 26, 2009.
	ICF, 2009c. ICF Consulting. "Significant New Alternatives Policy Program in the Household Refrigeration Sector  -  Risk Screen on Substitutes for CFC-12 and HCFC-22 in Household Refrigerators, Freezers and Window AC Units  -  Substitute: HCR-188C." July 17, 2009.
	ICF, 2009d. ICF Consulting. "Significant New Alternatives Policy Program  -  Refrigeration and Air Conditioning Sector  -  Risk Screen on Substitutes for CFC-12 and HCFC-22 in Household Refrigerators and Freezers -  Substitute: HCR-188C1." November 6, 2009.
	ICF, 2011a. ICF Consulting. "Significant New Alternatives Policy Program Refrigeration and Air Conditioning Sector  -  Risk Screen on Substitutes for CFC-12 and HCFC-22 in Household Refrigerators and Household Freezers  -  Substitute: Isobutane." June 2011.
	ICF, 2011b. ICF Consulting. "Significant New Alternatives Policy Program Refrigeration and Air Conditioning Sector  -  Risk Screen on Substitutes for CFC-12, HCFC-22 and R502 in Retail Food Refrigeration  -  Substitute: Propane." June 2011.
	ICF, 2011c. ICF Consulting. "Significant New Alternatives Policy Program in the Household Refrigeration Sector  -  Risk Screen on Substitutes for CFC-12 and HCFC-22 in Household Refrigerators and Freezers -  Substitute: R-441." June 2011.
	ICF, 2011d. ICF Consulting. "Additional end-use modeling for household refrigerators and freezers." July 2011.
	IPCC/TEAP, 2005. Safeguarding the Ozone Layer and the Global Climate System: Special Report of the Intergovernmental Panel on Climate Change. Edited by Bert Metz, Lambert Kuijpers, Susan Solomon, Stephen O. Andersen, Ogunlade Davidson, Jose Pons, David de Jager, Tahl Kestin, Martin Manning and Leo Meyer. Cambridge University Press. 2005. Available online at: http://www.ipcc.ch/pdf/special-reports/sroc/sroc_full.pdf
	Murray, D.M. 1997. "Residential House and Zone Volumes in the United States: Empirical and Estimated Parametric Distributions." Risk Analysis. 17(4): 439-446.
	ORNL, 1997. J. Sand, S. Fischer, and V. Baxter, "Energy and Global Warming Impacts of HFC Refrigerants and Emerging Technologies," 1997, Oak Ridge National Lab.
	RTOC, 2010. The 2010 Report of the United Nations Environment Programme (UNEP)'s Refrigeration, Air Conditioning and Heat Pumps Technical Options Committee (RTOC). Available online at http://ozone.unep.org/teap/Reports/RTOC/RTOC-Assessment-report-2010.pdf.
	TEAP, 2010. United Nations Environment Programme. Report of the Technology and Economic Assessment Panel. Available online at http://ozone.unep.org/teap/Reports/TEAP_Reports/teap-2010-progress-report-volume2-May2010.pdf
	Underwriters Laboratories (UL), 2000. UL 250: Household Refrigerators and Freezers. 10th edition. Supplement SA: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. August 25, 2000.
	Underwriters Laboratories (UL), 2010. UL 471. Commercial Refrigerators and Freezers.  10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. November 24, 2010.
	World Meteorological Organization (WMO), 2011. WMO Scientific Assessment of Ozone Depletion: 2010. Available online at http://ozone.unep.org/Assessment_Panels/SAP/Scientific_Assessment_2010/index.shtml.
Protection of Stratospheric Ozone: Listing of Substitutes for Ozone-Depleting Substances -  Hydrocarbon Refrigerants
                                  Final Rule
                              Page 90 of 96 pages

List of Subjects in 40 CFR part 82

	Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Reporting and recordkeeping requirements

Date: _____________________________________________

___________________________________________________
Lisa P. Jackson,
Administrator.

	For the reasons set out in the preamble, EPA is amending 40 CFR part 82 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.

Subpart G  -  Significant New Alternatives Policy Program
	2. Subpart G is amended by adding Appendix R to read as follows:
Appendix R to subpart G of part 82- Substitutes Subject to Use Restrictions Listed in the [DATE OF PUBLICATION IN THE FEDERAL REGISTER] final rule, Effective [INSERT DATE 60 DAYS AFTER PUBLICATION IN THE FEDERAL REGISTER].

SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS
End-use
Substitute
Decision
Use Conditions
Further Information
Household refrigerators, freezers, and combination refrigerators and freezers

(New equipment only)

Isobutane (R-600a) as a substitute for CFC-12 and HCFC-22

R-441A as a substitute for CFC-12 and HCFC-22

Acceptable Subject To Use Conditions
These refrigerants may be used only in new equipment designed specifically and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or "retrofit" refrigerant for existing equipment designed for a different refrigerant).

These refrigerants may be used only in a refrigerator or freezer, or combination refrigerator and freezer, that meets all requirements listed in Supplement SA to the 10[th] edition of the Underwriters Laboratories (UL) Standard for Household Refrigerators and Freezers, UL 250, dated 1993 updated August 2000. In cases where the final rule includes requirements more stringent than those of the 10[th] edition of UL 250, the appliance must meet the requirements of the final rule in place of the requirements in the UL Standard.

The quantity of the substitute refrigerant (i.e., "charge size") shall not exceed 57 grams (2.0 ounces) in any refrigerator, freezer, or combination refrigerator and freezer for each circuit.

Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances).

Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated.

Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling isobutane and R-441A. Special care should be taken to avoid contact with the skin since these refrigerants, like many refrigerants, can cause freeze burns on the skin.

A class B dry powder type fire extinguisher should be kept nearby.

Technicians should only use spark-proof tools when working on refrigerators and freezers with isobutane and R-441A.

Recovery equipment designed for flammable refrigerants should be used.

Only technicians specifically trained in handling flammable refrigerants should service refrigerators and freezers containing these refrigerants. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely.

End-use
Substitute
Decision
Use Conditions
Further Information
Household refrigerators, freezers, and combination refrigerators and freezers

(New equipment only)

Isobutane (R-600a) as a substitute for CFC-12 and HCFC-22

R-441A as a substitute for CFC-12 and HCFC-22
Acceptable Subject To Use Conditions
As provided in clauses SA6.1.1 and SA6.1.2 of UL Standard 250, the following markings shall be attached at the locations provided and shall be permanent:
(a) On or near any evaporators that can be contacted by the consumer: "DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing."
(b) Near the machine compartment: "DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing."
(c) Near the machine compartment: "CAUTION - Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner's Guide Before Attempting To Service This Product. All Safety Precautions Must be Followed."
(d) On the exterior of the refrigerator: "CAUTION - Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used."
(e) Near any and all exposed refrigerant tubing: "CAUTION - Risk of Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used."
All of these markings shall be in letters no less than 6.4 mm (1/4 inch) high.

The refrigerator, freezer, or combination refrigerator and freezer must have red, Pantone(R) Matching System (PMS) #185 marked pipes, hoses, or other devices through which the refrigerant is serviced (typically known as the service port) to indicate the use of a flammable refrigerant. This color must be present at all service ports and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes). The color mark must extend at least 2.5 centimeters (1 inch) from the compressor and must be replaced if removed.
Room occupants should evacuate the space immediately following the accidental release of this refrigerant.

If a service port is added then household refrigerators, freezers, and combination refrigerator and freezers using these refrigerants should have service aperture fittings that differ from fittings used in equipment or containers using non-flammable refrigerant. "Differ" means that either the diameter differs by at least 1/16 inch or the thread direction is reversed (i.e., right-handed vs. left-handed). These different fittings should be permanently affixed to the unit at the point of service and maintained until the end-of-life of the unit, and should not be accessed with an adaptor.

End-use
Substitute
Decision
Use Conditions
Further Information
Retail food refrigerators and freezers (stand-alone units only)

(New equipment only)
Propane (R-290) as a substitute for CFC-12, HCFC-22, and R-502

Acceptable subject to use conditions
These refrigerants may be used only in new equipment specifically designed and clearly identified for the refrigerants (i.e., none of these substitutes may be used as a conversion or "retrofit" refrigerant for existing equipment designed for other refrigerants).

These substitutes may only be used in equipment that meets all requirements in Supplement SB to the 10[th] edition of the Underwriters Laboratories (UL) Standard for Commercial Refrigerators and Freezers, UL 471, dated November 2010. In cases where the final rule includes requirements more stringent than those of the 10[th] edition of UL 471, the appliance must meet the requirements of the final rule in place of the requirements in the UL Standard.

The charge size for the retail food refrigerator or freezer shall not exceed 150 grams (5.3 ounces) in each circuit.

Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.94 (ventilation) and 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), and 1910.1000 (toxic and hazardous substances).

Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated.

Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling propane. Special care should be taken to avoid contact with the skin since propane, like many refrigerants, can cause freeze burns on the skin.

A class B dry powder type fire extinguisher should be kept nearby.

Technicians should only use spark-proof tools when working on refrigerators and freezers with propane.

 Recovery equipment designed for flammable refrigerants should be used.

Only technicians specifically trained in handling flammable refrigerants should service refrigerators and freezers containing these refrigerants. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely.
Note: In accordance with the limitations provided in section 310(a) of the Clean Air Act (42 U.S.C. 7610(a)), nothing in this table shall affect the Occupational Safety and Health Administrations' authority to promulgate and enforce standards and other requirements under the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.)

End-use
Substitute
Decision
Use Conditions
Further Information
Retail food refrigerators and freezers (stand-alone units only)

(New equipment only)
Propane (R-290) as a substitute for CFC-12, HCFC-22, and R-502

Acceptable subject to use conditions
As provided in clauses SB6.1.2 to SB6.1.5 of UL Standard 471, the following markings shall be attached at the locations provided and shall be permanent:
(a) Attach on or near any evaporators that can be contacted by the consumer: "DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing."
(b) Attach near the machine compartment: "DANGER- Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing."
(c) Attach near the machine compartment: "CAUTION - Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner's Guide Before Attempting To Service This Product. All Safety Precautions Must be Followed."
(d) Attach on the exterior of the refrigerator: "CAUTION - Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used."
(e) Attach near any and all exposed refrigerant tubing: "CAUTION - Risk of Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used."
All of these markings shall be in letters no less than 6.4 mm (1/4 inch) high.

The refrigerator or freezer must have red, Pantone(R) Matching System (PMS) #185 marked pipes, hoses, and other devices through which the refrigerant is serviced, typically known as the service port, to indicate the use of a flammable refrigerant. This color must be present at all service ports and where service puncturing or otherwise creating an opening from the refrigerant circuit to the atmosphere might be expected (e.g., process tubes). The color mark must extend at least 2.5 centimeters (1 inch) from the compressor and must be replaced if removed.
Room occupants should evacuate the space immediately following the accidental release of this refrigerant.

If a service port is added then household refrigerators, freezers, and combination refrigerator and freezers using these refrigerants should have service aperture fittings that differ from fittings used in equipment or containers using non-flammable refrigerant. "Differ" means that either the diameter differs by at least 1/16 inch or the thread direction is reversed (i.e., right-handed vs. left-handed). These different fittings should be permanently affixed to the unit at the point of service and maintained until the end-of-life of the unit, and should not be accessed with an adaptor.

	Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories Inc. (UL). The standards are incorporated by reference, and the referenced sections are made part of the regulations in part 82:
	1. UL 250: Household Refrigerators and Freezers. 10th edition. Supplement SA: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. August 25, 2000.
	2. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. November 24, 2010.
	The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of UL Standards 250 and 471 may be purchased at http://ulstandardsinfonet.ul.com/.
	You may inspect a copy at U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave., N.W., Washington DC or at the National Archives and Records Administration (NARA). For questions regarding access to these standards, the telephone number of EPA's Air and Radiation Docket is<PHONE_NUMBER>. For information on the availability of this material at NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

[FR Doc.              ]


[Federal Register Volume 82, Number 54 (Wednesday, March 22, 2017)]
[Notices]
[Pages 14712-14713]
[FR Doc No: 2017-05669]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CD17-8-000]

Town of Carbondale, Colorado; Notice of Preliminary Determination
of a Qualifying Conduit Hydropower Facility and Soliciting Comments and
Motions To Intervene

    On March 9, 2017, the Town of Carbondale, Colorado, filed a notice
of intent to construct a qualifying conduit hydropower facility,
pursuant to section 30 of the Federal Power Act (FPA), as amended by
section 4 of the Hydropower Regulatory Efficiency Act of 2013 (HREA).
The proposed Town of Carbondale Nettle Creek WTP Hydro Project would
have an installed capacity of 28 kilowatts (kW), and would be located
along an existing raw water pipeline adjacent to the applicant's water
treatment plant. The project would be located near the Town of
Carbondale in Pitkin County, Colorado.
    Applicant Contact: Mark O'Meara, Utility Director, Town of
Carbondale, 511 Colorado Avenue, Carbondale, CO 81623 Phone No. (970)
963-3140.
    FERC Contact: Christopher Chaney, Phone No.<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Qualifying Conduit Hydropower Facility Description: The proposed
project would consist of: (1) An new pressure reduction valve vault
containing one turbine/generating unit with an installed capacity of 28
kW; (2) a short, 10-inch-diameter penstock teeing off the existing raw
water pipeline; (3) a short, 10-inch-diameter discharge pipe returning
water to the existing raw water pipeline; and (4) appurtenant
facilities. The proposed project would have an estimated annual
generating capacity of 190,000 kilowatt-hours.
    A qualifying conduit hydropower facility is one that is determined
or deemed to meet all of the criteria shown in the table below.

      Table 1--Criteria for Qualifying Conduit Hydropower Facility
------------------------------------------------------------------------
      Statutory provision              Description       Satisfies (Y/N)
------------------------------------------------------------------------
FPA 30(a)(3)(A), as amended by   The conduit the                      Y
 HREA.                            facility uses is a
                                  tunnel, canal,
                                  pipeline, aqueduct,
                                  flume, ditch, or
                                  similar manmade water
                                  conveyance that is
                                  operated for the
                                  distribution of water
                                  for agricultural,
                                  municipal, or
                                  industrial
                                  consumption and not
                                  primarily for the
                                  generation of
                                  electricity.
FPA 30(a)(3)(C)(i), as amended   The facility is                      Y
 by HREA.                         constructed,
                                  operated, or
                                  maintained for the
                                  generation of
                                  electric power and
                                  uses for such
                                  generation only the
                                  hydroelectric
                                  potential of a non-
                                  federally owned
                                  conduit.
FPA 30(a)(3)(C)(ii), as amended  The facility has an                  Y
 by HREA.                         installed capacity
                                  that does not exceed
                                  5 megawatts.

FPA 30(a)(3)(C)(iii), as         On or before August 9,               Y
 amended by HREA.                 2013, the facility is
                                  not licensed, or
                                  exempted from the
                                  licensing
                                  requirements of Part
                                  I of the FPA.
------------------------------------------------------------------------

    Preliminary Determination: The proposed addition of the
hydroelectric project along the existing raw water pipeline will not
alter its primary purpose. Therefore, based upon the above criteria,
Commission staff preliminarily determines that the proposal satisfies
the requirements for a qualifying conduit hydropower facility, which is
not required to be licensed or exempted from licensing.
    Comments and Motions To Intervene: Deadline for filing comments
contesting whether the facility meets the qualifying criteria is 45
days from the issuance date of this notice.
    Deadline for filing motions to intervene is 30 days from the
issuance date of this notice.
    Anyone may submit comments or a motion to intervene in accordance
with the requirements of Rules of Practice and Procedure, 18 CFR
385.210 and 385.214. Any motions to intervene must be received on or
before the specified deadline date for the particular proceeding.
    Filing and Service of Responsive Documents: All filings must (1)
bear in all capital letters the ``COMMENTS CONTESTING QUALIFICATION FOR
A CONDUIT HYDROPOWER FACILITY'' or ``MOTION TO INTERVENE,'' as
applicable; (2) state in the heading the name of the applicant and the
project number of the application to which the filing responds; (3)
state the name, address, and telephone number of the person filing; and
(4) otherwise comply with the requirements of sections 385.2001 through
385.2005 of the Commission's regulations.\1\ All comments contesting
Commission staff's preliminary determination that the facility meets
the qualifying criteria must set forth their evidentiary basis.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.2001-2005 (2016).
---------------------------------------------------------------------------

    The Commission strongly encourages electronic filing. Please file
motions to intervene and comments using the Commission's eFiling system
at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit
brief comments up to 6,000 characters, without prior registration,
using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the
end of your comments. For assistance, please contact FERC Online
Support at<EMAIL_ADDRESS>(866) 208-3676 (toll free), or
(202) 502-8659 (TTY). In lieu of electronic filing, please send a paper
copy to: Secretary, Federal Energy Regulatory Commission, 888 First
Street NE., Washington, DC 20426. A copy of all other filings in
reference to this application must be accompanied by proof of service
on all persons listed in the service list prepared by the Commission in
this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.
    Locations of Notice of Intent: Copies of the notice of intent can
be obtained directly from the applicant or such copies can be viewed
and reproduced at the Commission in its Public Reference Room, Room 2A,
888 First Street NE., Washington, DC 20426. The filing may also be
viewed on the web at http://www.ferc.gov/docs-filing/elibrary.asp using
the ``eLibrary'' link. Enter the docket number (i.e., CD17-8) in the
docket number field to access the document. For assistance, call toll-
free 1-866-208-3676 or email<EMAIL_ADDRESS>For TTY, call
(202) 502-8659.

    Dated: March 13, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-05669 Filed 3-21-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 91 (Wednesday, May 11, 2016)]
[Proposed Rules]
[Pages 29193-29196]
[FR Doc No: 2016-10930]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-6616; Directorate Identifier 2016-CE-004-AD]
RIN 2120-AA64

Airworthiness Directives; Rosemount Aerospace, Inc. Pitot Probes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Rosemount Aerospace Model 851AK pitot probes that were repaired by CSI
Aerospace, Inc. that are installed on airplanes. This proposed AD was
prompted by a report that certain pitot probes are indicating the wrong
airspeed during flight in icing conditions. This proposed AD would
require inspecting the airplane to determine the number of affected
pitot probes installed and replacing the affected pitot probes. We are
proposing this AD to correct the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by June 27, 2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
6616; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be

available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Jonathan Kim, Aerospace Engineer, Fort
Worth Airplane Certification Office (ACO), FAA, 10101 Hillwood Parkway,
Fort Worth, Texas 76177-1524; telephone:<PHONE_NUMBER>; fax: (817)
222-5245; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-6616;
Directorate Identifier 2016-CE-004-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We received a report about erroneous airspeed data being
transmitted from multiple Rosemount Aerospace Model 851AK pitot probes
on a Boeing Aircraft Company Model B717 airplane when flying in icing
conditions.
    Investigation revealed that the pitot probes had been repaired by
CSI Aerospace, Inc. between January 2013 and July 2014. During the
investigation, it was determined that the repaired pitot probes had
constricted openings, which was caused by migration of the silver
brazing material. Further investigation revealed that the brazing
material migrated because the heater was not properly located during
the repair process. This condition, if not corrected, could result in
incorrect airspeed indications during icing conditions, which could
lead to loss of control. Due to design redundancy, this is only
applicable if more than one deficient probe is installed.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require inspecting the airplane to determine
the number of affected pitot probes installed and replacing the
affected pitot probes if more than one is installed.

Costs of Compliance

    We estimate that this proposed AD affects 679 products installed on
airplanes of U.S. registry.
    We estimate the following costs to comply with this proposed AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per       Cost on U.S.
               Action                        Labor cost           Parts cost        product         operators
----------------------------------------------------------------------------------------------------------------
Inspect to determine the number of    1 work-hour x $85 per               N/A              N/A          $57,715
 defective pitot probes installed on   hour = $85.
 the airplane.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements
that would be required based on the results of the proposed inspection.
We have no way of determining the number of airplanes that might need
these replacements:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                 Action                                Labor cost                  Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replace defective pitot probe...........  1 work-hour x $85 per hour = $85....          $6,750           $6,835
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect 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.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Rosemount Aerospace, Inc.: Docket No. FAA-2016-6616; Directorate
Identifier 2016-CE-004-AD.

(a) Comments Due Date

    We must receive comments by June 27, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Rosemount Aerospace, Inc. Model 851AK pitot
probes that were repaired by CSI Aerospace Inc. and have a serial
number listed in paragraph (c)(1) of this AD that are known to be
installed on but not limited to the airplanes listed in paragraph
(c)(2) of this AD.
    (1) 53257, 61568, 68168, 69913, 69953, 71802, 71820, 73010,
73406, 75549, 75555, 80491, 83809, 84200, 84495, 84911, 84922,
85317, 85731, 87225, 87234, 87235, 87241, 87272, 87512, 87551,
87909, 88912, 90538, 91606, 93291, 93292, 93293, 93305, 93941,
93948, 93960, 94258, 94304, 94559, 94814, 94819, 95150, 95849,
97405, 99498, 99509, 100105, 100111, 100127, 100313, 100741, 101374,
101500, 102054, 102309, 102502, 104604, 106134, 106139, 106381,
106905, 107251, 107406, 107450, 107887, 108174, 108302, 108858,
108859, 108967, 108970, 109119, 109122, 109124, 109128, 109393,
109394, 109467, 109474, 109488, 109521, 109524, 109537, 109577,
109795, 109798, 109799, 109810, 109946, 109954, 109958, 109962,
109996, 110323, 110324, 110327, 110338, 110611, 110626, 110880,
110895, 110956, 111061, 111066, 111315, 111320, 111432, 111561,
111571, 111578, 111802, 111807, 112229, 112280, 112497, 112646,
112657, 112677, 112779, 112781, 112783, 112979, 112993, 113025,
113026, 113129, 113151, 113382, 113721, 113758, 113837, 113838,
113843, 113845, 113920, 113934, 114130, 114147, 114152, 114157,
114223, 114376, 114572, 114813, 114869, 114959, 114962A, 114966,
115428, 115713, 116249, 116253, 116255, 116271, 116424, 116557,
116734, 116792, 116994, 117022, 117144, 117310, 117412, 117414,
117426, 117427, 117428, 117587, 117961, 118111, 118234, 118331,
118637, 118639, 118770, 118938, 119115, 119281, 119290, 119414,
119441, 119593, 119694, 119695, 119737, 119852, 120456, 120461,
120728, 120823, 120825, 120826, 120829, 121040, 121041, 121110,
121116, 121145, 121172, 121320, 121322, 121524, 121834, 121852,
122662, 122934, 122935, 123286, 123289, 123330, 123745, 123746,
123753, 123767, 124144, 124385, 124390, 124396, 124890, 125016,
125021, 125077, 125163, 125174, 126785, 127449, 127894, 127899,
128302, 128307, 129503, 130371, 130377, 130688, 131422, 131423,
131752, 132065, 132067, 132297, 132825, 133103, 133161, 133220,
133291, 133310, 133394, 133396, 133512, 133521, 134102, 134403,
134535, 134537, 134639, 134675, 134681, 135136, 135234, 135246,
135250, 135554, 135561, 135568, 135735, 135743, 136075, 136208,
137049, 137398, 137543, 137544, 137642, 139076, 139081, 139433,
139444, 139691, 139694, 139759, 139763, 139971, 139976, 140188,
140565, 140643, 140649, 140650, 141161, 141356, 141362, 141497,
141501, 141605, 141607, 142426, 142765, 142774, 142775, 143405,
143409, 143411, 143418, 143816, 143818, 143988, 143992, 143999,
144591, 144814, 144816, 144976, 146116, 146835, 147421, 148524,
148765, 148777, 149460, 149464, 149510, 149941, 150206, 150211,
150212, 150214, 150542, 150725, 151086, 151095, 151493, 152097,
152819, 152922, 152969, 152974, 152981, 153232, 153453, 153625,
153628, 153635, 153641, 153956, 153962, 153966, 153984, 154007,
154156, 154704, 154721, 154738, 154741, 155003, 155042, 155045,
155238, 155278, 155517, 156022, 156025, 156222, 156526, 156529,
156672, 157023, 157137, 157143, 158393, 158790, 158797, 159033,
159036, 159413, 159440, 159891, 160000, 160002, 160456, 160459,
160463, 160466, 160468, 161137, 161139, 161159, 161177, 161184,
161185, 161363, 161364, 161366, 162376, 162384, 162674, 162682,
162685, 162688, 163176, 163178, 163181, 163557, 163559, 163602,
164279, 164746, 164750, 164907, 164908, 165135, 165259, 165459,
165805, 166235, 166324, 166325, 166326, 166331, 166477, 166481,
166608, 166671, 166673, 166892, 167030, 167035, 167037, 167182,
167341, 167556, 167559, 167705, 167707, 167709, 167763, 167764,
167765, 167766, 167811, 195627, 195628, 195706, 195707, 195710,
195796, 195833, 195876, 196041, 196042, 196045, 196137, 196234,
196397, 196400, 196401, 196403, 196498, 196500, 196761, 197097,
197140, 197143, 197238, 197657, 197874, 198528, 198687, 198775,
198788, 198872, 199034, 199042, 199187, 199441, 199613, 199616,
199669, 200293, 200324, 200534, 200535, 200538, 200737, 200738,
200793, 200830, 200834, 200872, 201576, 201685, 201733, 201892,
201893, 201964, 202053, 202305, 202306, 202469, 202471, 202472,
202596, 202625, 202633, 202760, 202879, 202901, 203010, 203016,
204629, 204665, 204714, 204820, 204821, 204822, 205249, 205253,
205329, 205335, 205526, 205527, 205529, 205700, 205882, 205967,
206273, 206406, 206436, 206441, 206646, 207019, 207020, 207021,
207364, 207369, 207683, 207684, 207837, 207849, 207850, 208206,
208381, 208394, 208396, 208543, 209148, 209698, 209704, 209707,
212176, 212525, 212697, 212700, 213952, 213953, 214085, 214089,
214144, 214795, 214803, 215392, 215476, 216214, 216509, 216951,
216955, 216957, 217368, 217369, 217382, 217441, 217708, 217805,
218112, 218610, 218613, 218757, 218761, 218958, 218965, 218967,
218970, 218976, 219226, 219228, 219233, 219236, 219411, 219418,
219832, 219840, 220990, 220991, 221197, 221286, 221635, 224540,
224700, 224701, 224704, 224707, 224876, 225257, 225262, 225586,
225910, 225974, 226133, 226136, 226465, 226466, 226467, 227159,
227174, 227836, 227837, 229277, 230190, 230191, 230192, 230193,
231082, 232015, 232681, 232684, 234534, 235621, 235628, 238097,
239755, 239760, 239956, 242109, 242998, 243350, 243351, 245230,
246792, 246851, 247007, 247302, 250747, 256327, 258614, 258861,
258865, 260508, 262743, 262744, 263643, 263644, 263645, 263651,
263700, 264117, 264119, 264122, 264123, 264125, 264193, 264738,
265208, 265210, 265655, 265656, 265657, 265658, 268055, 268562,
268564, 268565, 268566, 272372, 272592, 275276, 275663, 280433,
280435, and 296902.
    (2) DC-9-11, DC-9-12, DC-9-13, DC-9-14, DC-9-15, DC-9-15F, DC-9-
21, DC-9-31, DC-9-32, DC-9-32 (VC-9C), DC-9-32F, DC-9-32F (C-9A, C-
9B), DC-9-33F, DC-9-34, DC-9-34F, DC-9-41, DC-9-51, DC-9-81 (MD-81),
DC-9-82 (MD-82), DC-9-83 (MD-83), DC-9-87 (MD-87), MD-88, MD-90-30,
and 717-200.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association
(ATA) of America Code 3414, Airspeed/Mach Indicator.

(e) Unsafe Condition

    This AD was prompted by a report that the pitot probes are
indicating the wrong airspeed during flight in icing conditions. We
are issuing this AD to correct the unsafe condition on these
products.

(f) Compliance

    Do the actions in paragraphs (g) and (h)(1) through (h)(3) of
this AD. If paragraphs (g), (h)(1), and (h)(2) of this AD have
already been done before the effective date of this AD, then only
paragraph (h)(3) of this AD applies.

 (g) Determine Number of Affected Pitot Probes Installed

    Within 30 days after the effective date of this AD, inspect the
airplane to determine the number of pitot probes identified in
paragraph (c)(1) of this AD that are installed on the airplane.

(h) Replace Affected Pitot Probes

    (1) After the inspection required in paragraph (g) of this AD,
if it is determined that more than one pitot probe identified in
paragraph (c)(1) of this AD is installed on the airplane, within the
next 2 months after the effective date of this AD, replace the pitot
probes that are listed with pitot probes that do not have a serial
number listed in paragraph (c)(1) of this AD so that no more than
one pitot probe identified in paragraph (c)(1) is installed on any
aircraft simultaneously.
    (2) After the inspection required in paragraph (g) of this AD,
if it is determined that no more than one pitot probe identified in
paragraph (c)(1) of this AD is installed on the airplane, no further
action is required

except for the ongoing requirement in paragraph (h)(3) of this AD.
    (3) As of the effective date of this, do not install on any
airplane a pitot probe having a serial number listed in paragraph
(c)(1) of this AD, unless it has been repaired by CSI and has a date
of August 1, 2014, or later.

(i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Fort Worth Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (j) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.

(j) Related Information

    For more information about this AD, contact Jonathan Kim,
Aerospace Engineer, Fort Worth ACO, FAA, 10101 Hillwood Parkway,
Fort Worth, Texas 76177-1524; telephone:<PHONE_NUMBER>; fax: (817)
222-5245; email<EMAIL_ADDRESS>
    Issued in Kansas City, Missouri, on May 4, 2016.
David R. Showers,
Acting Manager, Small Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-10930 Filed 5-10-16; 8:45 am]
 BILLING CODE 4910-13-P


From:
Jones, DonnaLee<EMAIL_ADDRESS>Sent:
Sunday, March 20, 2016 6:02 PM
To:
<EMAIL_ADDRESS>Cc:
Raymond, Gabrielle<EMAIL_ADDRESS>Subject:
FW: MARCH 18 CONFERENCE CALL - notes

Katie-Here are the conclusions of the meeting with ACCCI. We will start preparing the letters for signature next week. It may be a week or two before we get signature and then another week before the hard copies go out. Electronic copies will be posted immediately after the letters get signed and I also will send by email. We will provide CDs for use with the ICR in the hard copy packages. The Coke ICR website can be used for all your submissions. Each facility/company can have a password protected page. The general webpage on the site will be used to post "frequently asked questions&answers (FAQ)" which I will also send via email. I recommend having at least two people from each company on the email list, so send me who your second email should be. If you have one for each of your facilities, that's fine also.

If you have any questions, I can be available for a call Wednesday for sure and selected times Monday/Tuesday.

Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D243-02) Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

<< Few-questionsDLJ-03-18-16.docx >>

________________________________________
From: Jones, DonnaLee
Sent: Friday, March 18, 2016 4:48 PM
To: ACCCI
Cc: GABRIELLE RAYMOND
Subject: RE: MARCH 18 CONFERENCE CALL  - notes

-Changed dscf for 201A/202 from 105 to 70 in Enclosure 2 -EPA confirmed willing to accept ICR test data that do not conform to EPA Method 1 requirements, see footnote 2, pg 6 of 38 in Enclosure 2, no actual change to Enclosure 2, existing text.
-Will add language how each facility will predetermine the appropriate sample time for quench towers based on typical quenching time and when emissions cease. Two places where quench time mentioned: once in table 1-B in the BSO row/Run Duration column; and the other is footnote 11.
-Footnote 5 in Enclosure 2, clarifying that they only need to test one stack per battery if that's all that is present at the test battery. For the boiler portion of footnote 5 "for boiler stacks (EP-4), test one representative boiler if a split stream of input coke oven gas amongst multiple boilers; if not split stream, test two boiler stacks if two or more are present"
-Clarifying % leaking for lids, doors, and offtakes in Table 1-D for VE of Enclosure 2 -Clarified that all 6 plants need to do water testing, not just the 3 doing air quench tower testing. Added footnote in Quench test table, Enc. 2 -Added "charging" to "typical cycle time" page 11 of 16 in Enclosure 1.

And then see also text I sent with answers to industry questions. [attached]

_____________________________________________________________
Regards,
Donna Lee Jones, Ph.D.
Senior Technical Advisor, Metals Sector
U. S. Environmental Protection Agency
Office of Air Quality Planning and Standards Sector Policies and Programs Division / Metals & Inorganic Chemicals Group (D 243-02) Research Triangle Park, NC  27711  Tele:<PHONE_NUMBER>  Fax<PHONE_NUMBER> ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
"Reasonableness never fails to be appreciated."  - anon.

From: ACCCI<EMAIL_ADDRESS>Sent: Friday, March 18, 2016 3:59 PM
To: Jones, DonnaLee<EMAIL_ADDRESS>Subject: Re: MARCH 18 CONFERENCE CALL OF THE COETF WITH EPA TO DISCUSS METHODS AND QUESTIONS RELATED TO PQBS ICR TESTING (2:00 pm EST/1:00 pm CST)

Donna Lee:  Will you be developing any sort of a summary of today's call, by chance?  My members are asking for something.  DCA

Sent from my iPhone

David C. Ailor, P.E.
President
American Coke and Coal Chemicals Institute
25 Massachusetts Avenue, N.W.
Suite 800
Washington, D.C. 20001
Phone:<PHONE_NUMBER>
eFax.:<PHONE_NUMBER><tel:202-318-8772>
dailor@<mailto:dailor@nopa.org>accci.org<http://accci.org>
www.<http://www.nopa.org/>accci.org<http://accci.org>