[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Rules and Regulations]
[Pages 38969-38976]
[FR Doc No: 2018-16773]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2017-0472; FRL-9981-89-OAR]
RIN 2060-AT53

Protection of Stratospheric Ozone: Revision to References for
Refrigeration and Air Conditioning Sector To Incorporate Latest Edition
of Certain Industry, Consensus-Based Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: On December 11, 2017, the U.S. Environmental Protection Agency
(EPA) published a direct final rule and an accompanying notice of
proposed rulemaking entitled ``Protection of Stratospheric Ozone:
Revision to References for Refrigeration and Air Conditioning Sector To
Incorporate Latest Edition of Certain Industry, Consensus-based
Standards.'' EPA proposed to modify the use conditions required for use
of three flammable refrigerants--isobutane (R-600a), propane (R-290),
and R-441A--in new household refrigerators, freezers, and combination
refrigerators and freezers under the Significant New Alternatives
Policy (SNAP) program to reflect an updated standard from Underwriters
Laboratories. Because EPA received adverse comment, EPA withdrew the
direct final rule through a separate notice. In this action, EPA is
addressing relevant comments and finalizing the proposed use conditions
with no changes.

DATES: This rule is effective on September 7, 2018. The incorporation
by reference of certain publications listed in the rule is approved by
the Director of the Federal Register as of September 7, 2018.

ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2017-0472. All documents in the docket are listed on the
https://www.regulations.gov website. 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
electronically through https://www.regulations.gov or in hard copy at
the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301
Constitution Avenue 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 and Radiation Docket is
(202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Chenise Farquharson, Stratospheric
Protection Division, Office of Atmospheric Programs (Mail Code 6205T),
Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington,
DC 20460; telephone number:<PHONE_NUMBER>; email address:
[email protected]. Notices and rulemakings under EPA's SNAP
program are available on EPA's Stratospheric Ozone website at https://www.epa.gov/snap/snap-regulations.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. General Information
    A. What action is EPA taking?
    B. Does this action apply to me?
II. Background
    A. What is the affected end-use?
    B. Use Conditions
    C. 2017 UL Standard 60335-2-24
III. What is EPA finalizing in this action?
    A. Use Conditions
    B. Rationale for Changed Use Conditions
    C. Incorporation by Reference
    D. Equipment Manufactured Prior to Effective Date of This Rule
IV. Response to Comments
    A. Compliance With 2017 UL Standard 60335-2-24
    B. Flammability
    C. Venting Prohibition
V. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs
    C. Paperwork Reduction Act
    D. Regulatory Flexibility Act
    E. Unfunded Mandates Reform Act
    F. Executive Order 13132: Federalism
    G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    H. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
    J. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR part 51
    K. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
    L. Congressional Review Act
VI. References

I. General Information

A. What action is EPA taking?

    On December 11, 2017, EPA published a direct final rule (82 FR
58122) to modify the use conditions for three flammable hydrocarbon
refrigerants--isobutane (R-600a), propane (R-290), and R-441A--used in
new household refrigerators, freezers, and combination refrigerators
and freezers (hereafter ``household refrigerators and freezers'') by
replacing four of the five use conditions in previous hydrocarbon
refrigerants rules under EPA's Significant New Alternatives Policy
(SNAP) program (76 FR 78832, December 20, 2011; 80 FR 19454, April 10,
2015) with the revised Underwriters Laboratories (UL) Standard 60335-2-
24, ``Household and Similar Electrical Appliances--Safety--Part 2-24:
Particular Requirements for Refrigerating Appliances, Ice-Cream
Appliances and Ice-Makers'' (2nd edition, April 28, 2017). We stated in
that direct final rule that if we received adverse comment by January
25, 2018, we would publish a timely withdrawal in the Federal Register
so that the direct final rule would not take effect. EPA received
adverse comment on the direct final rule and published a separate
notice withdrawing the direct final rule on March 7, 2018 (83 FR 9703).
    EPA also published a Notice of Proposed Rulemaking on December 11,
2017 accompanying the direct final rule, entitled ``Protection of
Stratospheric Ozone: Revision to References for Refrigeration and Air
Conditioning Sector To Incorporate Latest Edition of Certain Industry,
Consensus-based Standards'' (82 FR 58154). That notice proposed to make
the same changes to the relevant listing decisions as in the direct
final rule. This action addresses the comments received and finalizes
the revisions to the relevant listing decisions, as proposed.

B. Does this action apply to me?

    This action regulates the use of three flammable hydrocarbon
refrigerants--isobutane, propane, and the hydrocarbon blend R-441A--in
new household refrigerators and freezers. Table 1 identifies entities
potentially affected by this action. Regulated entities may include:

     Table 1--Potentially Regulated Entities by North American Industrial Classification System (NAICS) Code
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              Category                  NAICS code                 Description of regulated entities
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Industry............................          333415  Manufacturers of Refrigerators, Freezers, and Other
                                                       Refrigerating or Freezing Equipment, Electric or Other
                                                       (NESOI); Heat Pumps Not Elsewhere Specified or Included;
                                                       and Parts Thereof.
Industry............................          335222  Household Refrigerator and Home Freezer Manufacturing.
Industry............................          811412  Appliance Repair and Maintenance.
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    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 is currently
aware could potentially be regulated by this action. Other types of
entities not listed in the table could also be regulated. To determine
whether your entity is regulated by this action, you should carefully
examine the applicability criteria found in 40 CFR part 82. 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.

II. Background

A. What is the affected end-use?

    Household refrigerators and freezers are intended primarily for
residential use, although they may be used outside the home (e.g.,
workplace kitchen pantries). The designs and refrigeration capacities
of equipment vary widely. This equipment is composed of three main
categories: Household freezers only offer storage space at freezing
temperatures, household refrigerators only offer storage space at non-
freezing temperatures, and products with both a refrigerator and
freezer in a single unit are referred to as combination refrigerators
and freezers. The combination products are the most common. Certain
small refrigerated household appliances (e.g., chilled kitchen drawers,
wine coolers, and mini-fridges) are also within this end-use. Household
refrigerators and freezers have all refrigeration components
integrated, and for the smallest types, the refrigeration circuit is
entirely brazed or welded. These systems are charged with refrigerant
at the factory and typically require only an electricity supply to
begin operation.
    The 2014 American Society of Heating, Refrigerating, and Air-
Conditioning Engineers (ASHRAE) Handbook of Refrigeration provides an
overview of food preservation in regard to household refrigerators and
freezers. Generally, a storage temperature between 32 and 39 [deg]F (0
to 3.9 [deg]C) is desirable for preserving fresh food. Humidity and
higher or lower temperatures are more suitable for certain foods and
beverages. Wine chillers, for example, are frequently used for storing
wine, and have slightly higher optimal temperatures from 45 to 65
[deg]F (7.2 to 18.3 [deg]C). In single-door refrigerators, the optimum
conditions for food preservation are also slightly higher since food
storage is not intended for long-term storage. Freezers and combination
refrigerators and freezers that are designed to store food for long
durations are generally designed to hold temperatures near 0 to 5
[deg]F (-17.7 to -15 [deg]C).
Refrigerant Flammability
    American National Standards Institute (ANSI)/ASHRAE Standard 34--
2016 assigns a safety group classification for each refrigerant which
consists of two alphanumeric characters (e.g., A2 or B1). The capital
letter indicates the toxicity and the numeral denotes the flammability.
ASHRAE classifies Class A refrigerants as refrigerants for which
toxicity has not been identified at concentrations less than or equal
to 400 parts per million (ppm) by volume, based on data used to
determine threshold limit values (TLV)-time weighted average (TWA) or
consistent indices. Class B signifies refrigerants for which there is
evidence of toxicity at concentrations below 400 ppm by volume, based
on data used to determine TLV-TWA or consistent indices.
    The refrigerants are also assigned a flammability classification of
1, 2, or 3. Tests are conducted in accordance with American Society for
Testing and Materials (ASTM) E681 using a spark ignition source at 60
[deg]C and 101.3 kPa.\1\ The flammability classification ``1'' is given
to refrigerants that, when tested, show no flame propagation. The
flammability classification ``2'' is given to refrigerants that, when
tested, exhibit flame propagation, have a heat of combustion less than
19,000 kJ/kg (8,174 British thermal units (BTU)/lb), and have a lower
flammability limit (LFL) greater than 0.10 kg/m\3\. Refrigerants within
flammability classification ``2'' may optionally be designated in the
subclass ``2L'' if they have a maximum burning velocity of 10 cm/s or
lower when tested at 23.0 [deg]C and 101.3 kPa. The flammability
classification ``3'' is given to refrigerants that, when tested,
exhibit flame propagation and that either have a heat of combustion of
19,000 kJ/kg (8,174 BTU/lb) or greater or an LFL of 0.10 kg/m\3\ or
lower. Thus, refrigerants with flammability classification ``3'' are
highly flammable while those with flammability classification ``2'' are
less flammable and those with flammability classification ``2L'' are
mildly flammable.
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    \1\ ASHRAE, 2016. ANSI/ASHRAE Standard 34--2016: Designation and
Safety Classification of Refrigerants.
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    For both toxicity and flammability classifications, refrigerant
blends are designated based on the worst-case estimate of fractionation
determined for the blend. Figure 1 illustrates these safety group
classifications.

[GRAPHIC] [TIFF OMITTED] TR08AU18.005

B. Use Conditions

    EPA previously found isobutane, propane, and R-441A acceptable,
subject to use conditions, in new household refrigerators and freezers
(76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015). In the
proposed and final rules, EPA provided information on the environmental
and health properties of the three refrigerants and the various other
substitutes available for use in household refrigerators and freezers.
EPA's risk screens for the three refrigerants are available in the
docket for these rulemakings (EPA-HQ-OAR-2009-0286 and EPA-HQ-OAR-2013-
0748).2 3
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    \2\ Isobutane and R-441A: 75 FR 25799, May 10, 2010 (proposed
rule); 76 FR 78832, December 20, 2011 (final rule).
    \3\ Propane: 79 FR 38811, July 9, 2014 (proposed rule); 80 FR
19454, April 10, 2015 (final rule).
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    Isobutane, propane, and R-441A have an ASHRAE classification of A3,
indicating that they have low toxicity and high flammability. The
flammability risks are of concern because household refrigerators and
freezers have traditionally used refrigerants that are not flammable.
In the presence of an ignition source (e.g., static electricity, a
spark resulting from a closing door, or a cigarette), an explosion or a
fire could occur if the concentration of isobutane, propane, and R-441A
were to exceed the LFL of 18,000 ppm, 21,000 ppm, and 20,500 ppm,
respectively.
    To address the flammability risk, which is not posed by other
available refrigerants in this end-use, EPA listed the refrigerants as
acceptable, subject to use conditions, in new household refrigerators
and freezers. The use conditions ensure minimization of flammability
risk by incorporating by reference Supplement SA to the 10th edition of
UL Standard 250, and by including refrigerant charge size limits and
requirements for markings on equipment using the refrigerants to inform
consumers and technicians of potential flammability hazards. Without
appropriate use conditions, the flammability risk posed by the
refrigerants could be higher than non-flammable refrigerants because
individuals may not be aware that their actions could potentially cause
a fire, and because the refrigerants could be used in existing
equipment that has not been designed specifically to minimize
flammability risks. Our assessment and listing decisions (76 FR 78832;
December 20, 2011 and 80 FR 19454; April 10, 2015) found that with the
use conditions, the overall risk of these substitutes, including the
risk due to flammability, does not present significantly greater risk
in the end-use than other substitutes that are currently or potentially
available for that same end-use.
    The use conditions required the following:
    1. New equipment only; not intended for use as a retrofit
alternative: ``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' \4\
refrigerant for existing equipment designed for a different
refrigerant);''
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    \4\ Sometimes conversion refrigerant substitutes are
inaccurately referred to as ``drop in'' replacements.
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    2. UL standard: ``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 10th edition of
the UL Standard for Household Refrigerators and Freezers, UL 250, dated
August 25, 2000). In cases where the final rule includes requirements
more stringent than those of the 10th edition of UL Standard 250, the
appliance must meet the requirements of the final rule in place of the
requirements in the UL standard;''
    3. Charge size: ``The charge size must not exceed 57 grams (2.01
ounces) in any refrigerator, freezer, or combination refrigerator and
freezer in each circuit;''
    4. Labeling: ``As provided in clauses SA6.1.1 and SA6.1.2 of UL
Standard 250, 10th edition, the following markings must be attached at
the locations provided and must 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 must be in letters no less than 6.4 mm (\1/4\
inch) high.''
    5. Color-coded hoses and piping: ``The refrigerator, freezer, or
combination refrigerator and freezer

must have red Pantone 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.''

C. UL Standard 60335-2-24

    In 2011, UL formed a Joint Task Group (JTG) comprised of members of
its Standards Technical Panel (STP) to develop recommendations for
addressing the use and safety of refrigerants classified as A2, A2L,
and A3 in refrigeration and air conditioning (AC) equipment. One of the
outcomes is the 2017 UL Standard 60335-2-24, which is based on
International Electrotechnical Commission (IEC) Standard 60335-2-24
``Household and Similar Electrical Appliances--Safety--Part 2-24:
Particular Requirements for Refrigerating Appliances, Ice-Cream
Appliances and Ice-Makers'' (edition 7.1, May 2012). The 2017 UL
Standard 60335-2-24 was developed in an open and consensus-based
approach, with the assistance of experts in the refrigeration and AC
industry as well as experts involved in assessing the safety of
products. The revision cycle, including final recirculation, concluded
on February 6, 2017, and UL published the standard on April 28, 2017.
The 2017 UL Standard replaces the previously published version of this
same standard as well as UL Standard 250 Supplement SA, ``Requirements
for Refrigerators and Freezers Employing a Flammable Refrigerant in the
Refrigerating System'' (Edition 10, August 25, 2000).
    The 2017 UL Standard 60335-2-24 limits the charge size for each
separate refrigerant circuit (i.e., compressor, condenser, evaporator,
and refrigerant piping) to 150 grams (5.3 ounces). Additionally, the
2017 standard requires testing of refrigeration appliances containing
flammable refrigerants, including leakage tests, temperature and
scratch tests, and heat testing requirements to address the hazards due
to ignition of leaked refrigerant by potential ignition sources
associated with the appliance (see sections 22.107-22.110 and the
relevant annexes of the standard for specific testing requirements).
These tests are intended, among other things, to ensure that any leaks
will result in concentrations well below the LFL, and that potential
ignition sources will not be able to create temperatures high enough to
start a fire. Appliances that are in compliance with the 2017 UL
Standard 60335-2-24 have passed appropriate ignition or leakage tests
as stipulated in the standard. Passing the leakage test ensures that
refrigerant concentrations in the event of a leak do not reach or
exceed 75 percent of the LFL inside any internal or external electrical
component compartments.

III. What is EPA finalizing in this action?

    As proposed, EPA is revising the use conditions for propane,
isobutane and R-441 in the household refrigerators and freezers end-
use. We are finalizing the use conditions for each substitute as
follows:

A. Use Conditions

    EPA is replacing the reference to Supplement SA to the 10th edition
of UL Standard 250 in use condition ``2'' with ``UL Standard 60335-2-
24, Safety Requirements for Household and Similar Electrical
Appliances, Part 2: Particular Requirements for Refrigerating
Appliances, Ice-Cream Appliances and Ice-Makers (2nd Edition, April 28,
2017).'' In addition, EPA is removing use conditions ``3,'' ``4,'' and
``5'' because the conditions specified in those use conditions are
specified in 2017 UL standard 60335-2-24; the incorporation of 2017 UL
standard 60335-2-24 in condition 2 includes the requirements in
previous conditions 3, 4, and 5. The use conditions provide the same
level of assurance that the three substitutes can be used as safely as
other available alternatives. The revised use conditions apply to new
household refrigerators and freezers manufactured after the effective
date of this regulation. The new use conditions are as follows:
    1. New equipment only; not intended for use as a retrofit
alternative: Propane, isobutane, and R-441A 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'' \5\ refrigerant for existing equipment
designed for a different refrigerant); and
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    \5\ Sometimes conversion refrigerant substitutes are
inaccurately referred to as ``drop in'' replacements.
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    2. UL standard: These refrigerants may be used only in equipment
that meets all requirements in the 2017 UL Standard 60335-2-24.

B. Rationale for Changed Use Conditions

1. Charge Size
    EPA previously required a charge size limit of 57 grams (2.01
ounces) for each separate refrigerant circuit in a refrigerator or
freezer. The 2017 UL Standard 60335-2-24 specifies that the maximum
charge size for each separate refrigerant circuit in a refrigerator or
freezer must be no greater than 150 grams (5.29 ounces).
    As discussed in the December 2017 direct final rule, EPA evaluated
reasonable worst-case and more typical, yet conservative, scenarios to
model the effects of the sudden release of each refrigerant from a
household refrigerator or freezer containing the maximum charge size of
150 grams (5.29 ounces). This was done to determine whether the
refrigerants would present flammability or toxicity concerns for
consumers or workers, including those servicing or disposing of
appliances. To represent a reasonable worst-case scenario, it was
assumed that a catastrophic leak of each refrigerant would occur while
the refrigerator or freezer unit is in a residential kitchen with a
height of approximately 2.4 meters (i.e., a standard 8-foot ceiling)
and a minimum effective volume of 18 m\3\ (640 ft\3\) or an effective
volume of 53 m\3\ (1,870 ft\3\) (i.e., excluding the space filled by
cabinets, other kitchen equipment) (Murray 1997; NKBA 2016). The
minimum kitchen volume of 18 m\3\ (640 ft\3\) does not consider
residential kitchen spaces that are often connected to breakfast nooks
or other rooms (e.g., living room, dining room) through open pathways
or swinging doors, which would also increase the effective volume of
the space into which a refrigerant would be released, thereby reducing
the likelihood that the instantaneous concentration of the refrigerants
would exceed the LFL. Conversely, the larger kitchen volume used in the
analysis (i.e., 53 m\3\) considers air-mixing that is likely to occur
within the spaces that are adjacent to the kitchen (Murray 1997; NKBA
2016). The minimum effective kitchen volume modeled in this analysis is
conservative, as it is approximately half the size of the average
kitchen in a new single-family home in the United States (i.e., 36
m\3\) (NKBA 2016). The larger kitchen volume of 53 m\3\ includes
adjacent areas to the kitchen, such as a breakfast nook, and is more
conservative than the average estimated volume of a kitchen with a
breakfast nook in a U.S. household (i.e., 65 m\3\) (NKBA 2016).
    EPA's analysis for each of the refrigerants revealed that even if
the

unit's full charge were emitted within one minute, the concentration
would not reach the LFL for that refrigerant in the less conservative
53 m\3\ (1,870 ft\3\) kitchen, showing a lack of flammability risk. The
threshold analyses demonstrated that a flammability concern could exist
in the minimum modeled kitchen volume (i.e., 18 m\3\ (640 ft\3\)) if
the charge size of the household refrigerator or freezer exceeded 120
grams, which is slightly smaller than the maximum modeled charge size
(i.e., 150 grams). However, the estimated exposures were derived using
conservative assumptions (e.g., small room size, no ventilation). A
150-gram household refrigeration unit would have to be installed in a
kitchen at least 2.3 times smaller than the less conservative kitchen
size modeled, in the worst-case conditions at end-use, for flammability
to be of concern. As a result, EPA determined that a release of a 150-
gram unit does not present a significant flammability risk in the
reasonable worst-case scenario for the three refrigerants in household
refrigerators and freezers.
    Concerning toxicity of the refrigerants, our risk screens found
that the 30-minute acute exposure guideline level (AEGL) (i.e., 6,900
ppm) is exceeded only in the worst-case scenario for the minimum
kitchen volume (i.e., 18 m\3\). Based upon our analysis, the minimum
room sizes in which installed equipment could cause a toxicity concern
would have to be approximately 0.8 times smaller than the larger
modeled room size of 53 m\3\ (1,870 ft\3\), which is a conservative
kitchen volume in the United States (Murray 1997; NKBA 2016). Thus, we
have determined that isobutane, propane, and R-441A do not pose
significantly greater flammability and toxicity risks than other
acceptable refrigerants in the household refrigerators and freezers
end-use. The higher charge size included in the revised use condition
will provide greater flexibility to appliance manufacturers in the
design of equipment while also ensuring that such equipment will not
pose greater risk than similar equipment using other acceptable
alternatives. For more information about EPA's risk assessments, see
the docket for this rulemaking (EPA-HQ-OAR-2017-0472).
    EPA is not retaining a separate charge size limit as a use
condition because it would be redundant of the updated UL standard.
Therefore, we are replacing the use condition in ``3'' with the 2017 UL
Standard 60335-2-24.
2. Color-Coded Hoses and Piping, and Labeling
    The 2017 UL Standard 60335-2-24 includes requirements for red PMS
#185 marked pipes, hoses, and other devices through which the
refrigerant passes, and requirements for markings in letters no less
than 6.4 mm (\1/4\ inch) high to inform consumers and technicians of
potential flammability hazards are addressed in (see sections 7.1 and
22.106 of the standard for additional information on the required
marking and warning labels). Retaining the use conditions in ``4'' and
``5'' in EPA's previous hydrocarbon refrigerants rules would be
redundant of the updated standard. Therefore, we are replacing the use
conditions in ``4'' and ``5'' with the 2017 UL Standard 60335-2-24.

C. Incorporation by Reference

    Through this action EPA is incorporating by reference the 2017 UL
Standard 60335-2-24, which establishes requirements for the evaluation
of household and similar electrical appliances, and safe use of
flammable refrigerants. The standard is discussed in greater detail
elsewhere in this preamble. This approach is the same as that used to
incorporate Supplement SA to the 10th edition of UL Standard 250 in our
previous rules on flammable refrigerants (76 FR 78832, December 20,
2011; 80 FR 19454, April 10, 2015).
    The 2017 UL Standard 60335-2-24 is available for purchase by mail
at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email:
[email protected]; Telephone: 1-888-853-3503 in the U.S. or
Canada (other countries dial 1-415-352-2178); internet address: http://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2). The cost of the 2017 UL Standard 60335-
2-24 is $454 for an electronic copy and $567 for hardcopy. UL also
offers a subscription service to the Standards Certification Customer
Library (SCCL) that allows unlimited access to their standards and
related documents. The cost of obtaining this standard is not a
significant financial burden for equipment manufacturers and purchase
is not required for those selling, installing, and servicing the
equipment. Therefore, EPA concludes that the UL standard being
incorporated by reference is reasonably available.

D. Equipment Manufactured Prior to Effective Date of This Rule

    The use conditions in this action apply to new household
refrigerators and freezers manufactured after the effective date of
this regulation. This final rule does not apply to or affect equipment
manufactured before the effective date of this action and manufactured
in compliance with the SNAP requirements applicable at the time of
manufacture.

IV. Response to Comments

    EPA received 17 comments on the December 11, 2017, notice of
proposed rulemaking. Below EPA is responding to six of those comments,
which were either relevant to this rulemaking or raised issues that
were addressed in related rulemakings. The other eleven comments raised
issues that are outside the scope of this rulemaking or are not
relevant to any related rulemaking, so EPA is not providing a specific
response to those comments.

A. Compliance With the 2017 UL Standard 60335-2-24

    Comment: Three commenters expressed support for the proposed
changes to the use conditions to reflect the 2017 UL Standard 60335-2-
24. The commenters noted that the revised use conditions would not
place any significant burden on the regulated community, would ensure
consistency with consensus-based standards, and would encourage
manufacturers of home refrigeration appliances and suppliers of
refrigerants to transition to more environmentally friendly
refrigerants.
    Response: EPA acknowledges the support and is finalizing the
revised use conditions for use of isobutane, propane, and R-441A in
household refrigerators and freezers as proposed.

B. Flammability

    Comment: Three commenters raised concerns about flammability risks
and firefighter safety in homes and other buildings due to the 150-gram
maximum allowable charge size. The commenters asserted that there would
be negative impacts and implications related to the higher charge size,
particularly for propane, and encouraged EPA to consult with
firefighter organizations, such as the National Volunteer Fire Council
or the Fire Department Safety Officers of America.
    Response: EPA recognizes that flammability is an important
consideration with regard to the 150-gram charge size. As discussed
above in section III.2.a, EPA evaluated flammability and toxicity risks
for isobutane, propane, and R-441A at the maximum charge size as
provided in the risk screens included in the docket for

this rulemaking (Docket ID EPA-HQ-OAR-2017-0472-0006, -0007, and -
0008). EPA evaluated toxicity risk by considering exposure to workers
(including those servicing or disposing of appliances), consumers, and
the general public. EPA evaluated flammability risk by evaluating
reasonable worst-case and more typical, yet conservative, scenarios to
model the effects of the sudden release of each refrigerant from a
household refrigerator or freezer containing the maximum charge. Our
risk screens found that equipment that met the 150-gram charge limit
did not exceed the LFL for each of the three refrigerants in household
refrigerators and freezers in a conservatively sized 53 m\3\ (1,870
ft\3\) kitchen (see section III.B.1 above for the minimum and average
kitchen zone volumes). The commenters did not provide any technical
support for their statements or information demonstrating that use of
any of the three refrigerants in household refrigerators and freezers
at a charge of 150 grams (5.3 ounces) would pose significantly greater
risk than other available alternatives in this end-use. We note that
the use conditions required by this final rule include specific safety
testing requirements in the 2017 UL Standard 60335-2-24, which are
intended, among other things, to ensure that any leaks will result in
concentrations well below the LFL, and that potential ignition sources
will not be able to create temperatures high enough to start a fire.
The use conditions also provide additional safety measures and labeling
requirements (e.g., visible warning statement and red coloring on the
pipes, hoses, and devices which contain refrigerant) that make
equipment owners, consumers, fire marshals, and emergency first
responders aware of the presence of a flammability risk. Moreover, EPA
is aware of the longstanding widespread use on a global basis of
household refrigerators and freezers using this charge limit. EPA
agrees that greater awareness of the presence, risks, and benefits of
flammable refrigerants among fire marshals and first responders would
be beneficial.

C. Recovery and Recycling Equipment

    Comment: One commenter voiced concerns that isobutane, propane, and
R-441A were exempted from the venting prohibition because machines for
the recovery of flammable refrigerants are not currently available in
the United States. The commenter stated that hydrocarbon refrigerants
are odorless, require a procedure for proper handling and storing, and
``undermine our whole premise of not knowingly venting an ODS
refrigerant or its alternate.'' In contrast, two commenters provided
supporting information regarding the safe servicing of household
appliances with flammable refrigerants and the availability of
equipment and technologies to safely recover and reclaim flammable
refrigerants.
    Response: These comments are outside the scope of this rulemaking.
EPA did not propose and is not today finalizing any changes to its
previous determinations that venting, releasing, or disposing of these
refrigerants used in this end-use does not pose a threat to the
environment under CAA section 608(c)(2). EPA made these determinations
under section 608(c)(2) in final rules issued in 2014 and 2015 (79 FR
29682, May 23, 2014; 80 FR 19454, April 10, 2015) and did not reopen
those determinations in this rulemaking. EPA directs the commenters to
those rules for additional information. EPA appreciates the information
provided by commenters with regard to the availability of recovery and
recycling equipment.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

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

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

B. Executive Order 13771: Reducing Regulation and Controlling
Regulatory Costs

    This action is not an Executive Order 13771 regulatory action
because this action is not significant under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
requirements contained in the existing regulations and has assigned OMB
control number 2060-0226. This rule contains no new requirements for
reporting or recordkeeping.

D. Regulatory Flexibility Act

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden or otherwise has a positive economic effect on the small
entities subject to the rule.
    The use conditions of this rule apply to manufacturers of new
household refrigerators and freezers that choose to use flammable
refrigerants. Today's action allows equipment manufacturers to use
flammable refrigerants at a higher charge size than previously allowed
in new household refrigerators and freezers but does not mandate such
use; the change to the use conditions allows more flexibility for
manufacturers in the design of equipment and thus reduces the
regulatory burden to the regulated community. In some cases, it may
reduce costs by allowing manufacturers to design equipment with a
single, larger refrigerant circuit instead of multiple, smaller
refrigerant circuits for the same piece of equipment.

E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or tribal governments or the private sector.

F. 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.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. 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.

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

    This action is not subject to Executive Order 13045 because it is
not economically significant as defined in Executive Order 12866, and
because EPA does not believe the environmental health or safety risks
addressed by this action present a disproportionate risk to children.
This action's health and risk assessments are contained in risk screens
for the various substitutes.6 7 8 The risk screens are
available in the docket for this rulemaking.
---------------------------------------------------------------------------

    \6\ ICF, 2018a. Risk Screen on Substitutes in Household
Refrigerators and Freezers; Substitute: Propane (R-290).
    \7\ ICF, 2018b. Risk Screen on Substitutes in Household
Refrigerators and Freezers; Substitute: Isobutane (R-600a).
    \8\ ICF, 2018c. Risk Screen on Substitutes in Household
Refrigerators and Freezers; Substitute: R-441A.
---------------------------------------------------------------------------

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution or use of energy.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This action involves a technical standard. EPA is revising the use
conditions for the household refrigerators and freezers end-use by
incorporating by reference UL Standard 60335-2-24, ``Safety
Requirements for Household and Similar Electrical Appliances, Part 2:
Particular Requirements for Refrigerating Appliances, Ice-Cream
Appliances and Ice-Makers'' (2nd edition, April 2017), which
establishes requirements for the evaluation of household and similar
electrical appliances, and safe use of flammable refrigerants. The 2017
UL Standard 60335-2-24 supersedes the current edition of Supplement SA
the 10th edition of UL Standard 250, ``Requirements for Refrigerators
and Freezers Employing a Flammable Refrigerant in the Refrigerating
System'' (August 2000). EPA's revision to the use conditions will
replace Supplement SA to the 10th edition of UL Standard 250 with the
2017 UL standard 60335-2-24. This standard is available at https://standardscatalog.ul.com/standards/en/standard_60335-2-24_2, and may be
purchased by mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL
60106; Email: [email protected]; Telephone: 1-888-853-3503 in
the U.S. or Canada (other countries dial 1-415-352-2178); internet
address: http://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2).
The cost of UL 60335-2-24 is $454 for an electronic copy and $567 for
hardcopy. UL also offers a subscription service to the Standards
Certification Customer Library (SCCL) that allows unlimited access to
their standards and related documents. The cost of obtaining this
standard is not a significant financial burden for equipment
manufacturers and purchase is not required for those selling,
installing and servicing the equipment. Therefore, EPA concludes that
the UL standard being incorporated by reference is reasonably
available.

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

    The human health or environmental risk addressed by this action
will not have potential disproportionately high and adverse human
health or environmental effects on minority, low-income or indigenous
populations. This action's health and environmental risk assessments
are contained in the risk screens for the various substitutes. The risk
screens are available in the docket for this rulemaking.

L. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).

VI. References

    Unless specified otherwise, all documents are available
electronically through the Federal Docket Management System, Docket
#EPA-HQ-OAR-2017-0472.

ASHRAE, 2016. ANSI/ASHRAE Standard 34-2016: Designation and Safety
Classification of Refrigerants.
ICF, 2018a. Risk Screen on Substitutes in Household Refrigerators
and Freezers; Substitute: Propane (R-290).
ICF, 2018b. Risk Screen on Substitutes in Household Refrigerators
and Freezers; Substitute: Isobutane (R-600a).
ICF, 2018c. Risk Screen on Substitutes in Household Refrigerators
and Freezers; Substitute: R-441A.
Murray, D.M., 1997. Residential house and zone volumes in the United
States: Empirical and Estimated Parametric Distributions. Risk Anal
17: 439-446. Available online at: http://onlinelibrary.wiley.com/doi/10.1111/j.1539-6924.1997.tb00884.x/full.
National Kitchen and Bath Association (NKBA), 2016. Size of Kitchens
in New U.S. Single Family Homes. August 2016. Available online at:
https://nkba.myshopify.com/collections/research/products/size-of-kitchens-in-new-u-s-single-family-homes.
UL 250. Household Refrigerators and Freezers. 10th edition.
Supplement SA: Requirements for Refrigerators and Freezers Employing
a Flammable Refrigerant in the Refrigerating System. August 2000.
UL 60335-2-24. Safety Requirements for Household and Similar
Electrical Appliances, Part 2: Particular Requirements for
Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers. 2nd
edition. April 2017.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Recycling, Reporting
and recordkeeping requirements, Stratospheric ozone layer.

    Dated: July 30, 2018.
Andrew R. Wheeler,
Acting Administrator.

    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.

Subpart G--Significant New Alternatives Policy Program

0
2. Amend Appendix R to subpart G of part 82 by:
0
a. Revising the appendix heading.
0
b. Removing the two entries for ``Household refrigerators, freezers,
and combination refrigerators and freezers (New equipment only)'' and
adding a new entry in their place; and
0
c. Revising the NOTE to Appendix R.
    The revisions and additions to read as follows:

Appendix R to Subpart G of Part 82--Substitutes Subject to Use
Restrictions Listed in the December 20, 2011, Final Rule, Effective
February 21, 2012, in the April 10, 2015 Final Rule, Effective May 11,
2015, and in the August 8, 2018 Final Rule, Effective September 7, 2018

                            Substitutes That Are Acceptable Subject to Use Conditions
----------------------------------------------------------------------------------------------------------------
            End-use                Substitute         Decision          Use conditions      Further information
----------------------------------------------------------------------------------------------------------------
Household refrigerators,        Isobutane (R-     Acceptable        As of September 7,     Applicable OSHA
 freezers, and combination       600a).            subject to use    2018:.                 requirements at 29
 refrigerators and freezers     Propane (R-290).   conditions.      These refrigerants      CFR part 1910 must
 (New equipment only).          R-441A..........                     may be used only in    be followed,
                                                                     new equipment          including those at
                                                                     designed               29 CFR 1910.106
                                                                     specifically and       (flammable and
                                                                     clearly identified     combustible
                                                                     for the refrigerant    liquids), 1910.110
                                                                     (i.e., none of these   (storage and
                                                                     substitutes may be     handling of
                                                                     used as a conversion   liquefied petroleum
                                                                     or ``retrofit''        gases), 1910.157
                                                                     refrigerant for        (portable fire
                                                                     existing equipment     extinguishers), and
                                                                     designed for a         1910.1000 (toxic and
                                                                     different              hazardous
                                                                     refrigerant).          substances).
                                                                    These refrigerants     Proper ventilation
                                                                     may be used only in    should be maintained
                                                                     a refrigerator or      at all times during
                                                                     freezer, or            the manufacture and
                                                                     combination            storage of equipment
                                                                     refrigerator and       containing
                                                                     freezer, that meets    hydrocarbon
                                                                     all requirements       refrigerants through
                                                                     listed in the 2nd      adherence to good
                                                                     edition of the         manufacturing
                                                                     Underwriters           practices as per 29
                                                                     Laboratories (UL)      CFR 1910.106. If
                                                                     Standard for Safety:   refrigerant levels
                                                                     Household and          in the air
                                                                     Similar Electrical     surrounding the
                                                                     Appliances--Safety--   equipment rise above
                                                                     Part 2-24:             one-fourth of the
                                                                     Particular             lower flammability
                                                                     Requirements for       limit, the space
                                                                     Refrigerating          should be evacuated
                                                                     Appliances, Ice-       and re-entry should
                                                                     Cream Appliances and   occur only after the
                                                                     Ice-Makers, UL 60335-  space has been
                                                                     2-24, dated April      properly ventilated.
                                                                     28, 2017.             Technicians and
                                                                                equipment
                                                                                manufacturers should
                                                                                wear appropriate
                                                                                personal protective
                                                                                equipment, including
                                                                                chemical goggles and
                                                                                protective gloves,
                                                                                when handling these
                                                                                refrigerants.
                                                                                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 these
                                                                                refrigerants.
                                                                                Any recovery
                                                                                equipment used
                                                                                should be designed
                                                                                for flammable
                                                                                refrigerants.
                                                                                Any refrigerant
                                                                                releases should be
                                                                                in a well-ventilated
                                                                                area, such as
                                                                                outside of a
                                                                                building.
                                                                                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: 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 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.
2. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a
  Flammable Refrigerant in the Refrigerating System and Appendices B through F. December 21, 2007, with changes
  through August 3, 2012.
3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders
  Employing a Flammable Refrigerant in the Refrigerating System. December 30, 2011.
4. UL Standard 60335-2-24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,--
  Safety--Part 2-24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers,
  Second edition, dated April 28, 2017.

    The Director of the Federal Register approves the incorporation
by reference of the material under ``Use Conditions'' in the table
``SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS'' (5
U.S.C. 552(a) and 1 CFR part 51). Copies of UL Standards 471, 484,
541, and 60335-2-24, may be purchased by mail at: COMM 2000, 151
Eastern Avenue, Bensenville, IL 60106; Email:
[email protected]; Telephone: 1-888-853-3503 in the U.S. or
Canada (other countries dial 1-415-352-2178); internet address:
http://www.shopulstandards.com/Catalog.aspx.
    You may inspect a copy at U.S. EPA's Air Docket; EPA West
Building, Room 3334; 1301 Constitution Ave. NW, 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 Docket is<PHONE_NUMBER>. For information on the
availability of this material at NARA, call<PHONE_NUMBER>, or go to:
https://www.archives.gov/federal-register/cfr/ibr-locations.html.
* * * * *
[FR Doc. 2018-16773 Filed 8-7-18; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: September 3, 2008 (Volume 73, Number 171)]
[Notices]
[Page 51463-51464]
[DOCID:fr03se08-58]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[OA08-33-000, etc.]

Arizona Public Service Company, et al.; Notice of Staff
Participation in Meeting of Western Electric Coordinating Council's
Transmission Expansion Planning Policy Committee

August 26, 2008.

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

------------------------------------------------------------------------
Arizona Public Service Company........................       OA08-33-000
Avista Corporation....................................       OA08-25-000
Black Hills Power, Inc................................       OA08-43-000
                                                             OA08-99-000
                                                             OA08-99-001
Deseret Generation & Transmission Co-operative Inc....       OA08-28-000
                                                             OA08-54-000
                                                             OA08-54-001
                                                             OA08-54-002
El Paso Electric Co...................................       OA08-30-000
Idaho Power Company...................................       OA08-23-000
                                                             OA08-55-000
                                                             OA08-55-001
                                                             OA08-55-002
NorthWestern Corporation..............................       OA08-31-000
                                                             OA08-31-001
                                                             OA08-56-000
                                                             OA08-56-001
                                                             OA08-56-002
PacifiCorp............................................       OA08-40-000
                                                             OA08-57-000
                                                             OA08-57-001
                                                             OA08-57-002
Portland General Electric, Inc........................       OA08-45-000
                                                             OA08-45-001
                                                            OA08-118-000
Public Service Company of New Mexico..................       OA08-34-000
Puget Sound Energy, Inc...............................       OA08-26-000
Sierra Pacific Resources Operating Companies..........       OA08-38-000
Tucson Electric Power Company.........................       OA08-47-000
Xcel Energy Services, Inc.--Public Service Company of        OA08-35-000
 Colorado.............................................
United States Department of Energy--Bonneville Power          NJ08-5-000
 Administration.......................................
UNS Electric, Inc.....................................       OA08-48-000
------------------------------------------------------------------------

Notice of Staff Participation in Meeting of Western Electric
Coordinating Council's Transmission Expansion Planning Policy Committee

    The Federal Energy Regulatory Commission (Commission) hereby gives
notice that on September 9, 2008, members of its staff will participate
in person or via conference call in a coordination meeting of the Sub-
Regional Planning Group of the Western Electric Coordinating Council's
Transmission Expansion Planning Policy Committee (TEPPC). The meeting
may discuss matters at issue in the above-referenced dockets. Staff's
participation in this meeting is part of the Commission's ongoing
outreach efforts regarding compliance with the planning-related
requirements of Order No. 890.\1\
---------------------------------------------------------------------------

    \1\ Preventing Undue Discrimination and Preference in
Transmission Service, Order No. 890, 72 FR 12,266 (March 15, 2007),
FERC Stats. & Regs. ] 31,241, order on reh'g, Order No. 890-A, 73 FR
2984 (January 16, 2008), FERC Stats. & Regs. ] 31,261 (2007), order
on reh'g, Order No. 890-B, 73 FR 39,092 (July 8, 2008).
---------------------------------------------------------------------------

    Sponsored by the TEPPC Sub-Regional Planning Group, the meeting
will be held from 9 a.m. to 1 p.m. (PST) at the Marriott University
Park Hotel, 480 Wakara Way, Salt Lake City, UT 84108. The meeting is
open to all stakeholders, who may attend in person or via
teleconference and Web conference, as follows:
    To attend via teleconference, dial<PHONE_NUMBER> or<PHONE_NUMBER>
and use Meeting ID 987654 and password 123456.
    To attend via Web conference, navigate to https://
meetusat.pacificorp.com, enter Meeting ID 987654, click attend meeting
and follow instructions.
    For more information about Commission staff's participation in this
meeting, please contact Mason Emnett

at<EMAIL_ADDRESS>or<PHONE_NUMBER>.

Kimberly D. Bose,
Secretary.
[FR Doc. E8-20261 Filed 9-2-08; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Notices]
[Pages 61035-61036]
[FR Doc No: 2012-24578]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67957; File No. SR-ISE-2012-74]

Self-Regulatory Organizations; International Securities Exchange,
LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule
Change To Amend ISE Rule 711 To Provide for the Nullification of Trades
by Mutual Agreement of the Parties Thereto

October 1, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 19, 2012, the International Securities Exchange, LLC
(the ``Exchange'' or the ``ISE'') filed with the Securities and
Exchange Commission (``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend ISE Rule 711 to provide for the
nullification of trades by mutual agreement of the parties thereto. The
text of the proposed rule change is available on the Exchange's Web
site www.ise.com, at the principal office of the Exchange, at the
Commission's Web site http://www.sec.gov, and at the Commission's
Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of, and basis for, the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The self-regulatory organization has prepared summaries,
set forth in Sections A, B and C below, of the most significant aspects
of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of this proposed rule change is to amend ISE Rule 711
to provide for the nullification of trades by mutual agreement of the
parties thereto. Under Proposed ISE Rule 711(b), a trade would be
nullified if all parties to the trade agree to the nullification.\3\
After agreement has been reached between the parties to nullify a
trade, one party would be required to notify the Exchange and the
Exchange promptly will disseminate the nullification to the Options
Price Reporting Authority (``OPRA''). Proposed ISE Rule 711(b) would
provide the parties to a trade with the ability to nullify a trade
under circumstances where, for example, an obvious or catastrophic
error is not deemed to have occurred, but the parties to the trade
nonetheless desire that the trade be nullified.
---------------------------------------------------------------------------

    \3\ The changes proposed to ISE Rule 711 are based on NYSE MKT
LLC (formerly known as NYSE Amex LLC) Rule 965NY, Commentary .02.
The Exchange believes that, though not required, parties generally
would need to agree to nullify a trade prior to that trade being
settled.
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change, which would
permit a trade to be nullified upon the mutual agreement of all parties
to the trade, is consistent with Section 6(b) of the Securities
Exchange Act of 1934 (the ``Exchange Act''),\4\ in general, and
furthers the objectives of Section 6(b)(5) of the Exchange Act,\5\ in
particular, because it is designed to promote just and equitable
principles of trade, remove impediments to and perfect the mechanism
for a free and open market and a national market system, and in
general, to protect investors and the public interest. The proposed
rule change makes clear the contractual rights of the parties to a
trade to nullify the trade upon mutual agreement. The Exchange believes
that the proposed rule change is consistent with a free and open market
and the public interest because it gives effect to the contractual
rights of the parties to a trade.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The proposed rule change does not impose any burden on competition
that is not necessary or appropriate in furtherance of the purposes of
the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    The Exchange has not solicited, and does not intend to solicit,
comments on this proposed rule change. The Exchange has not received
any unsolicited written comments from members or other interested
parties.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) does not become operative for 30 days from the date on which
it was filed, or such shorter time as the Commission may designate, it
has become effective pursuant to Section 19(b)(3)(A) \6\ of the Act and
Rule 19b-4(f)(6) \7\ thereunder.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and text of the proposed rule change, at least
five business days prior to the date of filing the proposed rule
change.
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File

Number SR-ISE-2012-74 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-ISE-2012-74. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room on official business
days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such
filing also will be available for inspection and copying at the
principal offices of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-ISE-2012-74, and should be submitted on or before
October 26, 2012.
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    \8\ 17 CFR 200.30-3(a)(12).
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    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-24578 Filed 10-4-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 70 (Tuesday, April 12, 2011)]
[Proposed Rules]
[Pages 20279-20280]
[FR Doc No: 2011-8615]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 76, No. 70 / Tuesday, April 12, 2011 /
Proposed Rules

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2011-0135; Airspace Docket No. 11-AGL-4]

Proposed Amendment of Class E Airspace; Madison, SD

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This action proposes to amend Class E airspace at Madison, SD
to accommodate new Standard Instrument Approach Procedures (SIAP) at
Madison Municipal Airport. The FAA is taking this action to enhance the
safety and management of Instrument Flight Rules (IFR) operations for
SIAPs at the airport.

DATES: 0901 UTC. Comments must be received on or before May 27, 2011.

ADDRESSES: Send comments on this proposal to the U.S. Department of
Transportation, Docket Operations, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590-0001. You
must identify the docket number FAA-2011-0135/Airspace Docket No. 11-
AGL-4, at the beginning of your comments. You may also submit comments
through the Internet at http://www.regulations.gov. You may review the
public docket containing the proposal, any comments received, and any
final disposition in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Docket Office
(telephone 1-800-647-5527), is on the ground floor of the building at
the above address.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone: (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed
rulemaking by submitting such written data, views, or arguments, as
they may desire. Comments that provide the factual basis supporting the
views and suggestions presented are particularly helpful in developing
reasoned regulatory decisions on the proposal. Comments are
specifically invited on the overall regulatory, aeronautical, economic,
environmental, and energy-related aspects of the proposal.
Communications should identify both docket numbers and be submitted in
triplicate to the address listed above. Commenters wishing the FAA to
acknowledge receipt of their comments on this notice must submit with
those comments a self-addressed, stamped postcard on which the
following statement is made: ``Comments to Docket No. FAA-2011-0135/
Airspace Docket No. 11-AGL-4.'' The postcard will be date/time stamped
and returned to the commenter.

Availability of NPRMs

    An electronic copy of this document may be downloaded through the
Internet at http://www.regulations.gov. Recently published rulemaking
documents can also be accessed through the FAA's web page at http://www.faa.gov/airports_airtraffic/air_traffic/publications/airspace_amendments/.
    You may review the public docket containing the proposal, any
comments received and any final disposition in person in the Dockets
Office (see ADDRESSES section for address and phone number) between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays. An
informal docket may also be examined during normal business hours at
the office of the Central Service Center, 2601 Meacham Blvd, Fort
Worth, TX 76137.
    Persons interested in being placed on a mailing list for future
NPRMs should contact the FAA's Office of Rulemaking<PHONE_NUMBER>, to
request a copy of Advisory Circular No. 11-2A, Notice of Proposed
Rulemaking Distribution System, which describes the application
procedure.

The Proposal

    This action proposes to amend Title 14, Code of Federal Regulations
(14 CFR), part 71 by amending Class E airspace extending upward from
700 feet above the surface to accommodate new standard instrument
approach procedures at Madison Municipal Airport, Madison, SD.
Controlled airspace is needed for the safety and management of IFR
operations at the airport. Geographic coordinates would also be updated
to coincide with the FAA's aeronautical database.
    Class E airspace areas are published in Paragraph 6005 of FAA Order
7400.9U, dated August 18, 2010 and effective September 15, 2010, which
is incorporated by reference in 14 CFR 71.1. The Class E airspace
designation listed in this document would be published subsequently in
the Order.
    The FAA has determined that this proposed regulation only involves
an established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore, (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a Regulatory Evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it would amend controlled

airspace at Madison Municipal Airport, Madison, SD.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

    1. The authority citation for part 71 continues to read as follows:

    Authority:  49 U.S.C. 106(g); 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of FAA Order
7400.9U, Airspace Designations and Reporting Points, dated August 18,
2010, and effective September 15, 2010, is amended as follows:

Paragraph 6005 Class E Airspace areas extending upward from 700
feet or more above the surface of the earth.

* * * * *

AGL SD E5 Madison, SD [Amended]

Madison Municipal Airport, SD
    (Lat. 44[deg]00'59'' N., long. 97[deg]05'08'' W.)

    That airspace extending upward from 700 feet above the surface
within a 7-mile radius of Madison Municipal Airport, and within 3
miles each side of the 341[deg] bearing from the airport extending
from the 7-mile radius to 7.4 miles northwest of the airport, and
within 2 miles each side of the 334[deg] bearing from the airport
extending from the 7-mile radius to 10.5 miles northwest of the
airport.

    Issued in Fort Worth, TX, on March 23, 2011.
Walter L. Tweedy,
Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2011-8615 Filed 4-11-11; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 64 (Wednesday, April 3, 2019)]
[Notices]
[Pages 13038-13039]
[FR Doc No: 2019-06461]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP19-115-000]

Young Storage Gas Company, Ltd.; Notice of Application

    Take notice that on March 26, 2019, Young Storage Gas Company, Ltd.
(Young), PO Box 1087, Colorado Springs, Colorado 80944, filed an
application in Docket No. CP19-115-000, pursuant to section 7(c) of the
Natural Gas Act (NGA) and the Federal Energy Regulatory Commission's
(Commission) regulations seeking authorization to increase the total
certificated gas storage inventory at its existing storage field
located in Morgan County, Colorado, by an additional 1 Bcf from the
existing 9.95 Bcf up to 10.95 Bcf. Young seeks to inject 800 MMcf of
additional base gas inventory into its storage field in order to
enhance the deliverability characteristics of the storage field, all as
more fully described in the application which is on file with the
Commission and open to public inspection. The filing may also be viewed
on the web at http://www.ferc.gov using the ``eLibrary'' link. Enter
the docket number excluding the last three digits in the docket number
field to access the document. For assistance, contact FERC at

[email protected] or call toll-free,<PHONE_NUMBER> or TTY,
(202) 502-8659.
    Any questions regarding this application should be directed to
Francisco Tarin, Director, Regulatory, Young Gas Storage Company, Ltd.;
PO Box 1087, Colorado Springs, Colorado 80944 at<PHONE_NUMBER> or by
fax at<PHONE_NUMBER>.
    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below file with the Federal Energy
Regulatory Commission, 888 First Street NE, Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 3 copies of filings made in the proceeding with the Commission
and must provide a copy to the applicant and to every other party. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, and will be
notified of any meetings associated with the Commission's environmental
review process. Environmental commentors will not be required to serve
copies of filed documents on all other parties. However, the non-party
commentors will not receive copies of all documents filed by other
parties or issued by the Commission and will not have the right to seek
court review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the eFiling link at
http://www.ferc.gov. Persons unable to file electronically should
submit an original and 3 copies of the protest or intervention to the
Federal Energy regulatory Commission, 888 First Street NE, Washington,
DC 20426.
    Comment Date: 5:00 p.m. Eastern Time on April 12, 2019.

    Dated: March 28, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-06461 Filed 4-2-19; 8:45 am]
 BILLING CODE 6717-01-P