[Federal Register: July 3, 2007 (Volume 72, Number 127)]
[Proposed Rules]
[Page 36402-36403]
[DOCID:fr03jy07-20]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2007-0451; FRL-8333-5]

Approval and Promulgation of Air Quality Implementation Plans;
Delaware; Control of VOC Emissions from Crude Oil Lightering Operations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve a State Implementation Plan (SIP)
revision submitted by the State of Delaware. This SIP revision pertains
to the control of volatile organic compound (VOC) emissions from crude
oil lightering operations. This action is being taken under the Clean
Air Act (CAA).

DATES: Written comments must be received on or before August 2, 2007.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2007-0451 by one of the following methods:
    A. http://www.regulations.gov. Follow the on-line instructions for

submitting comments.
    B. E-mail<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2007-0451, Christopher Cripps, Acting Chief,
Air Quality Planning Branch, Mailcode 3AP21, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2007-0451. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at http://www.regulations.gov, including any personal information provided,

unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through http://www.regulations.gov or e-mail.

The http://www.regulations.gov Web site is an ``anonymous access'' system,

which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through http://www.regulations.gov,

your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some

information is not publicly available i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or

in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the Delaware Department of Natural Resources &
Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19901.

FOR FURTHER INFORMATION CONTACT: Rose Quinto,<PHONE_NUMBER>, or by e-
mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On May 2, 2007, the Delaware Department of Natural Resources and
Environmental Control (DNREC) submitted a revision to its SIP for
Regulation No. 1124, Section 46--Control of VOC Emissions from Crude
Oil Lightering Operations. Lightering is the transfer at anchorage for
some of the

contents of a larger oil tanker to a smaller service vessel in order to
allow the larger ship to navigate in shallower waters along the
Delaware Bay. The VOC emissions released during crude oil lightering
are a major source of VOC released in Delaware.

II. Summary of SIP Revision

    Delaware's Regulation No. 1124, Section 46, applies to the owner or
operator of a lightering service that carries out crude oil lightering
operations in the waters of Delaware which includes the Counties of New
Castle, Kent and Sussex. This regulation includes standards when
carrying out a lightering operation by vapor balancing. Vapor balancing
is the collection and transfer of vapors displaced by the incoming
crude oil from the cargo tank of a service vessel into a cargo tank of
the ship to be lightered. A compliance schedule is also included in the
regulation that includes compliance standards; maximum allowable
uncontrolled lightering volume; calculation of the total of
uncontrolled lightering for any given lightering operation; VOC
emission reductions achieved by the lightering services to below the
maximum allowable uncontrolled lightering volume; annual audits of
lightering service records to identify the frequency and duration of
VOC ventings from the ships to be lightered; and ozone action day
limitations. In addition, a compliance plan will be developed and
implemented that describes how initial and ongoing compliance will be
demonstrated. Another requirement of the regulation is that owner or
operator of an existing lightering service is to keep records specified
in the regulation for at least five years in a readily accessible
location, which is the service vessel. The regulation also includes
reporting requirements.
    Implementation of the provisions of this regulation will result in
the reduction of VOCs released during crude oil lightering operations.
The regulation requires the increased use of vapor balancing equipment
over a reasonable time period that the industry has indicated to allow
the changes to be made to the vessels or acquire newer vessels. The
first regulatory deadline will be an 80 percent limit to uncontrolled
lightering out of all crude oil lightering volumes by May 1, 2008. This
level will reduce to 61 percent by May 1, 2010, and again be reduced to
43 percent by May 1, 2012.

III. Proposed Action

    EPA is proposing to approve the Delaware SIP revision for
Regulation No. 1124, Section 46-Control of VOC Emissions from Crude Oil
Lightering Operations submitted on May 2, 2007. This regulation will
reduce VOC emissions released during crude oil lightering operations in
the State of Delaware. These reductions will aide in attaining and
maintaining the Federal health-based air quality standard for the 8-
hour ozone. EPA is soliciting public comments on the issues discussed
in this document. These comments will be considered before taking final
action.

IV. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
proposed action is not a ``significant regulatory action'' and
therefore is not subject to review by the Office of Management and
Budget. For this reason, this action is also not subject to Executive
Order 13211, ``Actions Concerning Regulations That Significantly Affect
Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001)).
This action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this proposed rule will not have a significant economic impact on a
substantial number of small entities under the Regulatory Flexibility
Act ( 5 U.S.C. 601 et seq.). Because this rule proposes to approve pre-
existing requirements under state law and does not impose any
additional enforceable duty beyond that required by state law, it does
not contain any unfunded mandate or significantly or uniquely affect
small governments, as described in the Unfunded Mandates Reform Act of
1995 (Pub. L. 104-4). This proposed rule also does not have a
substantial direct effect on one or more Indian tribes, on the
relationship between Federal Government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it 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 (64 FR 43255, August 10, 1999), because it
merely proposes to approve a state rule implementing a Federal
requirement, and does not alter the relationship or the distribution of
power and responsibilities established in the Clean Air Act. This
proposed rule also is not subject to Executive Order 13045 (62 FR
19885, April 23, 1997), because it approves a state rule implementing a
Federal standard.
    In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. As required by section 3
of Executive Order 12988 (61 FR 4729, February 7 1996), in issuing this
proposed rule, EPA has taken the necessary steps to eliminate drafting
errors and ambiguity, minimize potential litigation, and provide a
clear legal standard for affected conduct. EPA has complied with
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the
takings implications of the rule in accordance with the ``Attorney
General's Supplemental Guidelines for the Evaluation of Risk and
Avoidance of Unanticipated Takings'' issued under the executive order.
This proposed rule, pertaining to Delaware's control of VOC emissions
from crude oil lightering operations, does not impose an information
collection burden under the provisions of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Ozone, Reporting
and recordkeeping requirements, Volatile organic compounds.

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

    Dated: June 22, 2007.
Donald S. Welsh,
Regional Administrator, Region III.
[FR Doc. 07-3227 Filed 7-2-07; 8:45 am]

BILLING CODE 6560-50-M


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 use conditions of
this proposed rule, if finalized, would apply to manufacturers of
household and commercial refrigerators and freezers, vending machines,
non-mechanical heat transfer equipment, very low temperature
refrigeration equipment for laboratories and room air conditioners that
choose to use these refrigerants. Today’s action, if finalized, would
allow equipment manufacturers the additional options of using ethane,
HFC-32, isobutane, propane, and R-441A in the specified end-uses but
does not mandate such use. Because refrigeration and air conditioning
equipment for these refrigerants are not manufactured yet in the U.S.
for the proposed end-uses (with the exception of limited
test-marketing), no change in business practice would be required to
meet the use conditions, resulting in no adverse impact compared to the
absence of this rule. Proposed provisions that would allow venting of
hydrocarbon refrigerants in the uses addressed by this rule would reduce
regulatory burden. Thus, the rule would not impose any new costs on
small entities if finalized as proposed. EPA continues to be interested
in the potential impacts of the proposed rule on small entities and
welcomes comments on issues related to such impacts.

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 proposed rule related to integrating risk mitigation devices,
markings, and procedures for maintaining safety of refrigeration and air
conditioning equipment using flammable refrigerants affect only a small
number of manufacturers of refrigeration and air conditioning equipment
and their technicians. Therefore, this rule is not subject to the
requirements of sections 202 and 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 equipment
manufacturers and not to governmental entities. Today’s action, if
finalized, would allow equipment manufacturers the additional options of
using ethane, HFC-32, isobutane, propane, and R-441A in the specified
end-uses. Because refrigeration and air conditioning equipment for these
refrigerants are not manufactured yet in the U.S. for the proposed
end-uses, no change in business practice would be required to meet the
use conditions. This proposed rule does not mandate a switch to these
substitutes; consequently, there is no direct economic impact on
entities from this rulemaking.

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. In the spirit
of Executive Order 13132, and consistent with EPA policy to promote
communications between EPA and State and local governments, EPA
specifically solicits comments on this proposed action from State and
local officials.

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. EPA specifically solicits
additional comment on this proposed action from tribal officials.

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 EO
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 proposed rule provides both regulatory restrictions
and recommended guidelines based upon risk screens conducted in order to
reduce risk of fire and explosion. This proposed rule, if finalized,
would provide refrigerant substitutes that have no ODP and lower GWP
than other substitutes currently listed as acceptable. The reduction in
ODS and GHG emissions would assist in restoring the stratospheric ozone
layer and provide climate benefits. The public is invited to submit
comments or identify peer-reviewed studies and data that assess effects
of early life exposure to the refrigerant substitutes addressed in this
action.

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 these new
systems may be more energy efficient than currently available systems in
some climates.

National Technology Transfer and Advancement Act

Section 12(d) of the National Technology Transfer and Advancement Act of
1995 (“NTTAA”), Public Law 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 proposed rule involves
technical standards. EPA proposes to use current editions of the
Underwriters Laboratories (UL) standards 250, 471, 541 and 484, which
include requirements for safety and reliability for flammable
refrigerants. This proposed rule regulates the safety and deployment of
new substitutes for household and commercial refrigerators and freezers,
vending machines, non-mechanical heat transfer equipment, very low
temperature refrigeration equipment, and room air conditioners.

EPA welcomes comment on this aspect of the proposed rulemaking and,
specifically invites the public to identify potentially applicable
voluntary consensus standards and to explain why such standards should
be used in this regulation.

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

Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission by
identifying and addressing, as appropriate, disproportionately high and
adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.

EPA has determined that this proposed 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 human health and 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 proposed rule, if finalized,
would provide refrigerant substitutes that have no ODP and lower GWP
than other substitutes currently listed as acceptable. The reduction in
ODS and GHG emissions would assist in restoring the stratospheric ozone
layer and provide climate benefits.

References

This preamble references the following documents, which are also in the
Air 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-2013-0748.

Air-Conditioning, Heating, and Refrigeration Institute (AHRI), 2012.
AHRI Guideline N-2012: Assignment of Refrigerant Container Colors. 2012.

ASHRAE, 2010. American National Standards Institute (ANSI)/American
Society of Heating, Refrigerating and Air-Conditioning Engineers
(ASHRAE). Standard 34-2010 (supersedes ANSI/ASHRAE Standard 34-2007):
Designation and Safety Classification of Refrigerants. 2010.

A.S. Trust & Holdings, 2012. Significant New Alternatives Policy Program
Submission to the United States Environmental Protection Agency for
R-441A in retail food refrigeration.

A/S Vestfrost, 2012. Significant New Alternatives Policy Program
Submission to the United States Environmental Protection Agency for
isobutane in retail food refrigeration.

Climate Action Plan (CAP), 2013. The President’s Climate Action Plan.
Executive Office of the President. June, 2013. Available online at
www.whitehouse.gov/sites/default/files/image/president27sclimateactionpl
an.pdf.

Chinese Household Electrical Appliance Association (CHEAA), 2013.
Significant New Alternatives Policy Program Submission to the United
States Environmental Protection Agency for Propane (R-290) in
residential and light commercial air conditioning and dehumidifiers.
Daikin, 2011. Significant New Alternatives Policy Program Submission to
the United States Environmental Protection Agency for HFC-32 in
residential and light commercial air conditioning.

EPA, 2013. Derivation of Charge Limits for Room Air Conditioners. Staff
memo to Air Docket. 2013.

ICF, 2013a. Assessment of the Potential Impact of Hydrocarbon
Refrigerants on Ground-Level Ozone Concentrations.

ICF, 2013b. Risk Screen on Substitutes for CFC-12, HCFC-22 and R-502 in
Retail Food Refrigeration; Substitute: Isobutane (R-600a)

ICF, 2013c. Risk Screen on Substitutes for CFC-12, HCFC-22 and R-502 in
Retail Food Refrigeration; Substitute: R-441A

ICF, 2013d. Risk Screen on Substitute for CFC-12, CFC-13, R-13B1, and
R-503 in Very Low Temperature Refrigeration and Non-Mechanical Heat
Transfer; Substitute: Ethane (R-170)

ICF, 2013e. Risk Screen on Substitutes for CFC-12 and R-502 in Vending
Machines; Substitute: R-441A

ICF, 2013f. Risk Screen on Substitutes for CFC-12 and R-502 in Vending
Machines; Substitute: Isobutane (R-600a)

ICF, 2013g. Risk Screen on Substitutes for CFC-12 and R-502 in Vending
Machines; Substitute: R-290 (Propane)

ICF, 2013h. Risk Screen on Substitutes for CFC-12 and HCFC-22 in
Household Refrigerators and Household Freezers.; Substitute: Propane
(R-290).

ICF, 2013i. Risk Screen on Substitutes for HCFC-22 in Residential and
Light Commercial Air Conditioning and Heat Pumps; Substitute: R-290
(Propane)

ICF, 2013j. Risk Screen on Substitutes for HCFC-22 in Residential and
Light Commercial Air Conditioning and Heat Pumps; Substitute: HFC-32
(Difluoromethane)

ICF, 2013k.Risk Screen on Substitutes for HCFC-22 in Residential and
Light Commercial Air Conditioning and Heat Pumps; Substitute: R-441A

IPCC, 2007. Climate Change 2007: The Physical Science Basis.
Contribution of Working Group I to the Fourth Assessment Report of the
Intergovernmental Panel on Climate Change [Solomon, S., D. Qin, M.
Manning, Z. Chen, M. Marquis, K.B. Averyt, M.Tignor and H.L. Miller
(eds.)]. Cambridge University Press, Cambridge, United Kingdom and New
York, NY, USA. This document is accessible at
www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html

Montzka, S.A., 2012. HFCs in the Atmosphere: Concentrations, Emissions
and Impacts, ASHRAE/NIST Conference 2012.

NOAA, 2013. NOAA emissions data on HFCs. Available online at
ftp://ftp.cmdl.noaa.gov/hats/hfcs/.

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.

Sheldon, 1989.  Sheldon, L.S., et al. 1989. "An Investigation of
Infiltration and Indoor Air Quality."  New York State Energy Research &
Development Authority, Report 90-11. As cited in ICF, 2013h, Risk screen
for propane in household refrigerators and freezers.

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. August 2000.

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. November 2010.

UL, 2011. UL 541. Refrigerated Vending Machines. 7th edition. Supplement
SA: Requirements for Room Air Conditioners Employing a Flammable
Refrigerant in the Refrigerating System. December 2011.

UL, 2012. UL 484. Room Air Conditioners. 8th edition. Supplement SA:
Requirements for Refrigerated Venders Employing a Flammable Refrigerant
in the Refrigerating System. August 2012.

Protection of Stratospheric Ozone:  Listing of Substitutes for
Refrigeration and Air Conditioning and Revision of the Venting
Prohibition for Certain Refrigerant Substitutes

Proposed Rule

Page 73 of 87

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:

Gina McCarthy,

Administrator.

For the reasons stated in the preamble, 40 CFR part 82 is proposed to
be amended as follows:

PART 82 - PROTECTION OF STRATOSPHERIC OZONE

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 revising Appendix R 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, and in the [INSERT DATE OF PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER] final rule, Effective [INSERT DATE 60 DAYS
AFTER PUBLICATION OF FINAL RULE 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)

Propane (R-290)

R-441A

	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 10th edition of the Underwriters Laboratories
(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 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”)
must not exceed 57 grams (2.01 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 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.

End-use	Substitute	Decision	Use Conditions	Further Information

Household refrigerators, freezers, and combination refrigerators and
freezers

(New equipment only)

	Isobutane (R-600a)

Propane (R-290)

R-441A

	Acceptable Subject To Use Conditions 	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.

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.	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)	Isobutane (R-600a)

Propane (R-290)

R-441A	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 10th edition of the Underwriters
Laboratories (UL) Standard for Commercial Refrigerators and Freezers, UL
471, dated November 24, 2010. In cases where the final rule includes
requirements more stringent than those of the 10th 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 must not
exceed 150 grams (5.29 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 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.

End-use	Substitute	Decision	Use Conditions	Further Information

Retail food refrigerators and freezers (stand-alone units only)

(New equipment only)	Isobutane (R-600a)

Propane (R-290)

R-441A

	Acceptable subject to use conditions	As provided in clauses SB6.1.2 to
SB6.1.5 of UL Standard 471, 10th edition, the following markings must be
attached at the locations provided and must 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 must be in letters no less than 6.4 mm (1/4 inch)
high.

The refrigerator or freezer must have red, Pantone® 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 retail food refrigerators 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

Very low temperature refrigeration

Non-mechanical heat transfer

(New equipment only)	Ethane (R-170)	Acceptable subject to use conditions
This refrigerant may be used only in new equipment specifically designed
and clearly identified for the refrigerant (i.e., the substitute may not
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 10th edition of the Underwriters
Laboratories (UL) Standard for Commercial Refrigerators and Freezers, UL
471, dated November 24, 2010. In cases where the final rule includes
requirements more stringent than those of the 10th 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 must not
exceed 150 grams (5.29 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 ethane. Special care should be taken to avoid contact with
the skin since ethane, 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 flammable 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.

End-use	Substitute	Decision	Use Conditions	Further Information

Very low temperature refrigeration

Non-mechanical heat transfer

(New equipment only)	Ethane (R-170)	Acceptable subject to use conditions
As provided in clauses SB6.1.2 to SB6.1.5 of UL Standard 471, 10th
edition, the following markings must be attached at the locations
provided and must 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 must be in letters no less than 6.4 mm (1/4 inch)
high.

The refrigeration equipment must have red, Pantone® 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 refrigeration equipment using this
refrigerant 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.

Example of non-mechanical heat transfer using this refrigerant would be
use in a secondary loop of a thermosiphon.

End-use	Substitute	Decision	Use Conditions	Further Information

Vending Machines

(New equipment only)	Isobutane (R-600a)

Propane (R-290)

R-441A	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).

Where it is possible to easily detach and replace the old refrigeration
circuit from the outer casing of the equipment. with a new one
containing a new evaporator, condenser and refrigerant tubing within the
old casing , this is considered “new” equipment and not a retrofit
of the old, existing equipment.

These substitutes may only be used in equipment that meets all
requirements in Supplement SA to the 7th edition of the Underwriters
Laboratories (UL) Standard for Refrigerated Vending Machines, UL 541,
dated December, 2011. In cases where the final rule includes
requirements more stringent than those of the 7th edition of UL 541, the
appliance must meet the requirements of the final rule in place of the
requirements in the UL Standard.

The charge size for the refrigeration equipment shall not exceed 150
grams (5.29 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 ethane, 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
refrigeration equipment with flammable 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 refrigeration equipment containing this refrigerant.
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

Vending Machines

(New equipment only)	Isobutane (R-600a)

Propane (R-290)

R-441A	Acceptable subject to use conditions	As provided in clauses
SA6.1.2 to SA6.1.5 of UL Standard 541, 7th edition, the following
markings must be attached at the locations provided and must 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 must be in letters no less than 6.4 mm (1/4 inch)
high.

The refrigeration equipment must have red, Pantone® 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 refrigeration equipment using this
refrigerant 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

Residential and light-commercial air conditioning and heat
pumps—self-contained room air conditioners only

(New equipment only)	HFC-32

Propane (R-290)

R-441A

	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 SA and Appendixes B through F of the 8th
edition of the Underwriters Laboratories (UL) Standard for Room Air
Conditioners, UL 484, dated August 3, 2012. In cases where the final
rule includes requirements more stringent than those of the 8th edition
of UL 484, the appliance must meet the requirements of the final rule in
place of the requirements in the UL Standard.

The charge size for the entire air conditioner must not exceed the
maximum refrigerant mass determined according to Appendix F of UL 484,
8th edition for the room size where the air conditioner is used. The
charge size for these three refrigerants must in no case exceed 7979 g
(281.5 oz or 17.59 lb) of HFC-32; 986 g (34.8 oz or 2.17 lbs) of
propane; or 1000 g (35.3 oz or 2.21 lb) of R-441A. The manufacturer must
design a charge size for the entire air conditioner that does not exceed
the amount specified for the unit’s cooling capacity, as specified in
Table A, B, C, or D of this appendix	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 air
conditioning equipment with flammable 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 refrigeration equipment containing this refrigerant.
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

Residential and light-commercial air conditioning and heat
pumps—self-contained room air conditioners only

(New equipment only)	HFC-32

Propane (R-290)

R-441A

	Acceptable subject to use conditions	As provided in clauses SA6.1.2 to
SA6.1.5 of UL 484, 8th edition, the following markings must be attached
at the locations provided and must be permanent:

(a)  On the outside of the air conditioner: "DANGER- Risk of Fire or
Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained
Service Personnel. Do Not Puncture Refrigerant Tubing."

(b)  On the outside of the air conditioner: “CAUTION - Risk of Fire or
Explosion. Dispose of Properly In Accordance With Federal Or Local
Regulations. Flammable Refrigerant Used."

(c)  On the inside of the air conditioner near the compressor:
“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 outside of each portable air conditioner: “WARNING:
Appliance hall be installed, operated and stored in a room with a floor
area larger the “X” m2 (Y ft2).” The value “X” on the label
must be determined using the minimum room size in m2 calculated using
Appendix F of UL 484, 8th edition. For R-441A, use a lower flammability
limit of 0.041 kg/m3 in calculations in Appendix F of UL 484, 8th
edition.

(e) All of these markings must be in letters no less than 6.4 mm (1/4
inch) high.

The air conditioning equipment must have red, Pantone® 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 air conditioning equipment using this
refrigerant 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.

Air conditioning equipment in this category includes:

Window air conditioning units

Portable room air conditioners

Packaged terminal air conditioners and heat pumps

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.

UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA:
Requirements for Room Air Conditioners Employing a Flammable Refrigerant
in the Refrigerating System. December 30, 2011

UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements
for Refrigerated Venders Employing a Flammable Refrigerant in the
Refrigerating System and Appendixes B through F. August 3, 2012.

	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, 471, 484 and 541 may be purchased by mail at: COMM
2000; 151 Eastern Avenue; Bensenville, IL  60106; Email:
<EMAIL_ADDRESS>Telephone: 1-888-853-3503 in the U.S. or Canada
(other countries dial +1-415-352-2168); Internet address:
http://ulstandardsinfonet.ul.com/ or www.comm-2000.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.

Table A Maximum Design Charge Sizes for Window Air Conditioners

Refrigerant	Maximum design charge size (kg)

	Associated cooling capacity (BTU/hr)

	5,000	6,000	7,000	8,000	9,000	10,000	12,000	14,000	18,000	21,000	23,000
24,000	30,000	34,000

R-32	1.73	2.12	2.74	3.00	3.24	3.47	3.68	4.07	4.59	5.48	6.01	6.49	6.72
7.76

R-290	0.13	0.16	0.20	0.22	0.24	0.26	0.27	0.30	0.34	0.40	0.44	0.48	0.50
0.57

R-441A	0.14	0.17	0.22	0.24	0.26	0.28	0.30	0.33	0.37	0.44	0.49	0.53	0.54
0.63

Note: For use with self-contained air conditioning units or heat pumps
with an evaporator at least 0.6 and no more than 1.0 m above the floor.
Cooling capacities between those in the table are to be linearly
interpolated between the next smaller and larger capacities listed in
the table.

Table B. Maximum Design Charge Sizes for Packaged Terminal Air
Conditioners,

Packaged Terminal Heat Pumps, and Portable Air Conditioning Units

Refrigerant	Maximum design charge size (kg)

	Associated cooling capacity (BTU/hr)

	5,000	6,000	7,000	8,000	9,000	10,000	12,000	14,000	18,000	21,000	23,000
24,000	30,000	34,000

R-32	1.04	1.27	1.65	1.80	1.95	2.08	2.21	2.44	2.75	3.29	3.60	3.89	4.03
4.65

R-290	0.08	0.09	0.12	0.13	0.14	0.15	0.16	0.18	0.20	0.24	0.27	0.29	0.30
0.34

R-441A	0.08	0.10	0.13	0.15	0.16	0.17	0.18	0.20	0.22	0.27	0.29	0.32	0.33
0.38

Note: For use with self-contained air conditioning units or heat pumps
with an evaporator no more than 0.6 m above the floor. Cooling
capacities between those in the table are to be linearly interpolated
between the next smaller and larger capacities listed in the table.

Table C. Maximum Design Charge Sizes for Wall-Mounted AC Units

Refrigerant 	Maximum Design Charge Size (kg)

	Associated capacity (BTU/hr)

	5,000	6,000	7,000	8,000	9,000	10,000	12,000	14,000	18,000	21,000	23,000
24,000	30,000	34,000

R-32	3.12	3.82	4.94	5.41	5.84	6.24	6.62	7.32	8.26	9.87	10.81	11.68	12.09
13.96

R-290	0.23	0.28	0.36	0.40	0.43	0.46	0.49	0.54	0.61	0.73	0.80	0.86	0.89
1.00

R-441A	0.25	0.31	0.40	0.44	0.47	0.51	0.54	0.59	0.67	0.80	0.88	0.95	0.98
1.00

Note: For use with self-contained air conditioners or heat pumps with an
evaporator at least 1.0 and no more than 1.8 m above the floor. Cooling
capacities between those in the table are to be linearly interpolated
between the next smaller and larger capacities listed in the table.

Table D. Maximum Design Charge Sizes for Ceiling-Mounted AC Units:

Refrigerant

	Maximum Design Charge Size (kg)

	Associated capacity (BTU/hr)

	5,000	6,000	7,000	8,000	9,000	10,000	12,000	14,000	18,000	21,000	23,000
24,000	30,000	34,000

R-32	3.82	4.67	6.03	6.61	7.14	7.63	8.09	8.95	10.09	12.07	13.22	14.28
14.78	17.06

R-290	0.28	0.34	0.44	0.49	0.53	0.56	0.60	0.66	0.74	0.89	0.97	1.00	1.00
1.00

R-441A	0.31	0.38	0.49	0.54	0.58	0.62	0.66	0.73	0.82	0.98	1.00	1.00	1.00
1.00

Note: For use with self-contained air conditioners or heat pumps with an
evaporator more than 1.8 m above the floor. Cooling capacities between
those in the table are to be linearly interpolated between the next
smaller and larger capacities listed in the table.

3. Amend Section 82.154 by adding section viii to paragraph (a)(1) to
read as follows:

§ 82.154 Prohibitions.

(a)(1) * * *

 (viii) Effective [INSERT DATE 60 DAYS AFTER PUBLICATION OF FINAL RULE
IN THE FEDERAL REGISTER], isobutane (R-600a) and R-441A as substitutes
in retail food refrigerators and freezers (stand-alone units only);
propane (R-290) as a substitute in household refrigerators, freezers,
and combination refrigerators and freezers; ethane (R-170) as a
substitute in very low temperature refrigeration equipment and equipment
for non-mechanical heat transfer; R-441A, propane and isobutane as
substitutes in vending machines; and propane, and R-441A in
self-contained room air conditioners for residential and light
commercial air conditioning and heat pumps.

*   *   *   *  *

 Both ethane and HFC-32 are not VOC under the definition at 40 CFR
51.100(s).

 Climate Change and President Obama’s Action Plan. June, 2013.
Available online at www.whitehouse.gov/share/climate-action-plan

 GWPs for HFC-134a, HFC-32, the component HFCs comprising R-404A and
R-410A, propane and ethane are listed in IPCC, 2007: Climate Change
2007: The Physical Science Basis. Contribution of Working Group I to the
Fourth Assessment Report of the Intergovernmental Panel on Climate
Change [Solomon, S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B.
Averyt, M. Tignor and H.L. Miller (eds.)]. Cambridge University Press,
Cambridge, United Kingdom and New York, NY, USA. This document is
accessible at
www.ipcc.ch/publications_and_data/ar4/wg1/en/contents.html. GWPs for
isobutane and R-441A were provided by the submitters to EPA and they are
consistent with available information for their components and the range
of GWPs found for other hydrocarbons in IPCC, 2007. For refrigerant
blends, EPA has taken the 100-year integrated time horizon GWP from
IPCC, 2007 for the component compounds and multiplied them by the weight
fraction of each component in the blend to obtain an approximate GWP.
Unless otherwise stated, GWPs stated in this document are 100-year
integrated time horizon values taken from IPCC, 2007.

 Unless otherwise stated, the ODP values used in this document are those
published in appendices A and B to subpart A of 40 CFR part 82. For
refrigerant blends, EPA has taken the ODPs for the component compounds
and multiplied them by the weight fraction of each component in the
blend to obtain an approximate ODP.

 As defined at 40 CFR 82.104, “interstate commerce” means the
distribution or transportation of any product between one state,
territory, possession or the District of Columbia, and another state,
territory, possession or the District of Columbia, or the sale, use or
manufacture of any product in more than one state, territory, possession
or District of Columbia. The entry points for which a product is
introduced into interstate commerce are the release of a product from
the facility in which the product was manufactured, the entry into a
warehouse from which the domestic manufacturer releases the product for
sale or distribution, and at the site of United States Customs
clearance.

 As defined at 40 CFR 82.172, “end-use” means processes or classes
of specific applications within major industrial sectors where a
substitute is used to replace an ODS.

 The SNAP regulations also include “pending,” referring to
submissions for which EPA has not reached a determination under this
provision.

 Sometimes conversion refrigerant substitutes are inaccurately referred
to as “drop in” replacements.

 Packaged terminal air conditioners are intended for use in a single
room and use no ducts to carry cooled air and no external refrigerant
lines. Typical applications include motel or dormitory air conditioners.

 EPA expects that equipment designed for cooling the engine compartment
of heavy duty vehicles, a potential non-mechanical heat transfer
application, does not meet the requirements of UL 471 and thus, would
not meet the requirements of this rule. Similar issues may exist for
some other non-mechanical heat transfer equipment.

 We assume that substitutes containing no chlorine, bromine, or iodine
have an ODP of zero.

 Under EPA’s phaseout regulations, virgin HCFC-22, HCFC-142b, and
blends containing HCFC-22 or HCFC-142b may only be used to service
existing appliances. Consequently, virgin HCFC-22, HCFC-142b and blends
containing HCFC-22 or HCFC-142b may not be used to manufacture new
pre-charged appliances or appliance components or to charge new
appliances assembled onsite.

 For example, Department of Energy (DOE) standards apply to portable air
conditioners, room air conditioners, PTACs and PTHPs, household
refrigerators and freezers, refrigerated beverage vending machines, and
commercial refrigeration equipment. See
https://www1.eere.energy.gov/buildings/appliance_standards/standards_tes
t_procedures.html.

 Refrigeration or air conditioning equipment in the applicable covered
equipment class would still be subject to DOE’s standards, regardless
of the refrigerant that the equipment uses. If a manufacturer believes
that its design is subjected to undue hardship by DOE’s regulations,
the manufacturer may petition DOE’s Office of Hearing and Appeals
(OHA) for exception relief or exemption from the standard pursuant to
OHA’s authority under section 504 of the DOE Organization Act (42
U.S.C. 7194), as implemented at subpart B of 10 CFR part 1003. OHA has
the authority to grant such relief on a case-by-case basis if it
determines that a manufacturer has demonstrated that meeting the
standard would cause hardship, inequity, or unfair distribution of
burdens.

 The analysis included stand-alone commercial refrigerators, freezers,
and coolers; vending machines; refrigerated transport; water coolers;
commercial ice machines; household refrigerators and freezers; and room
air conditioners (window AC, packaged terminal AC and packaged terminal
heat pumps). The analysis did not expressly break out very low
temperature refrigeration or non-mechanical heat transfer from
commercial refrigerators and freezers.

 Refrigerants in this scenario included propane, isobutane, and R-441A
in the end-uses where they are proposed to be acceptable subject to use
conditions, among others. Ethane was not expressly included, since the
type of equipment using ethane is not broken out separately in the
analysis. However, ethane is less reactive than the other refrigerants
included in the analysis, so this omission is expected to result in a
slight overestimation of impacts, if any.

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its toxicity. EPA develops a set of AEGL values for a chemical for five
exposure periods (10 and 30 minutes, 1 hour, 4 hours and 8 hours). For
each exposure period, three different AEGL values are developed to
address different levels of toxicological impacts. Of relevance for the
modeled scenario is the AEGL–1 (10,000 ppm), which is defined as:
“the airborne concentration, expressed as parts per million or
milligrams per cubic meter (ppm or mg/m3) of a substance above which it
is predicted that the general population, including susceptible
individuals, could experience notable discomfort, irritation, or certain
asymptomatic nonsensory effects. However, the effects are not disabling
and are transient and reversible upon cessation of exposure.” While
permanent toxicological effects are not expected up to the AEGL–2
value, this limit is not relevant for this analysis because at that
level, flammability would be a greater concern.

 This is intended to mean a completely new refrigeration circuit
containing a new evaporator, condenser and refrigerant tubing. We are
aware that for some types of equipment, e.g., vending machines, it is
possible to detach easily and replace the refrigeration circuit from the
outer casing of the equipment. In such a situation, replacing the old
refrigeration circuit with a new one within the old casing would be
considered “new” equipment and not a retrofit of the old, existing
equipment.

 Although the height of the room does not affect the calculation,
typical heights are shown here for reference.

 EPA is describing that proposal in this NPRM simply for ease of
reference and as a reminder of EPA’s most recent proposal on this
subject; EPA is not here changing any aspect of that proposal or
reopening the opportunity for comments on that NPRM.

*** E.O. 12866/13563 Review –Revised Version – Do Not Cite, Quote,
or Release During Review***

  PAGE   \* MERGEFORMAT  76  of   PAGEREF _Ref374102272 \h  88

  PAGE  101

  PAGE  101


[Federal Register Volume 85, Number 16 (Friday, January 24, 2020)]
[Notices]
[Pages 4326-4327]
[FR Doc No: 2020-01150]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2020-N-0166]

Oncologic Drugs Advisory Committee; Notice of Meeting;
Establishment of a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice; establishment of a public docket; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee meeting of the Oncologic Drugs Advisory
Committee. The general function of the committee is to provide advice
and recommendations to FDA on regulatory issues. The meeting will be
open to the public. FDA is establishing a docket for public comment on
this document.

DATES: The meeting will be held on February 26, 2020, from 8 a.m. to 5
p.m.

ADDRESSES: FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31
Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-
0002. Entrance for the public meeting participants (non-FDA employees)
is through Building 1 where routine security check procedures will be
performed. For security information, please refer to https://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm. Answers to commonly asked
questions including information regarding special accommodations due to
a disability, visitor parking, and transportation may be accessed at:
https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm408555.htm.
    FDA is establishing a docket for public comment on this meeting.
The docket number is Docket No. FDA-2020-N-0166. The docket will close
on February 25, 2020. Submit either electronic or written comments on
this public meeting by February 25, 2020. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before February 25, 2020. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of February 25, 2020. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.
    Comments received on or before February 19, 2020, will be provided
to the committee. Comments received after that date will be taken into
consideration by FDA. In the event that the meeting is cancelled, FDA
will continue to evaluate any relevant applications or information, and
consider any comments submitted to the docket, as appropriate.
    You may submit comments as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2020-N-0166 for ``Oncologic Drugs Advisory Committee; Notice of
Meeting; Establishment of a Public Docket; Request for Comments.''
Received comments, those filed in a timely manner (see ADDRESSES), will
be placed in the docket and, except for those submitted as
``Confidential Submissions,'' publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m.
and 4 p.m., Monday through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' FDA will review
this copy, including the claimed confidential information, in its
consideration of comments. The second copy, which will have the claimed
confidential information redacted/blacked out, will be available for
public viewing and posted on https://www.regulations.gov. Submit both
copies to the Dockets Management Staff. If you do not wish your name
and contact information be made publicly available, you can provide
this information on the cover sheet and not in the body of your
comments and you must identify the information as ``confidential.'' Any
information marked as ``confidential'' will not be disclosed except in
accordance with 21 CFR 10.20 and other applicable disclosure law. For
more information about FDA's posting of comments to public dockets, see
80 FR 56469, September 18, 2015, or access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Lauren Tesh Hotaki, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 31, Rm. 2417, Silver Spring, MD 20993-0002, 301-
796-9001, Fax:<PHONE_NUMBER>, email<EMAIL_ADDRESS>or FDA Advisory
Committee Information Line, 1-800-741-8138<PHONE_NUMBER> in the
Washington, DC area). A notice in the Federal Register about last
minute

modifications that impact a previously announced advisory committee
meeting cannot always be published quickly enough to provide timely
notice. Therefore, you should always check the FDA's website at https://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the
appropriate advisory committee meeting link, or call the advisory
committee information line to learn about possible modifications before
coming to the meeting.

SUPPLEMENTARY INFORMATION:
    Agenda: During the morning session, the committee will discuss new
drug application 212578 for padeliporfin di-potassium powder for
solution for injection, submitted by STEBA Biotech, S.A. The proposed
indication (use) for this product is for the treatment of patients with
localized prostate cancer, meeting the following criteria: Stage T1-T2a
and prostate specific antigen less than or equal to 10 ng/mL and
Gleason Grade Group 1 based on transrectal ultrasound guided biopsy or
unilateral Gleason Grade Group 2 based on multiparametric magnetic
resonance imaging-targeted biopsy with less than 50 percent of cores
positive.
    During the afternoon session, the committee will discuss
supplemental biologics license application 125477/S-034, for CYRAMZA
(ramucirumab) injection for intravenous use, submitted by Eli Lilly and
Company. The proposed indication (use) for this product is in
combination with erlotinib, for first-line treatment of patients with
metastatic non-small cell lung cancer whose tumors have epidermal
growth factor receptor exon 19 deletions or exon 21 (L858R)
substitution mutations.
    FDA intends to make background material available to the public no
later than 2 business days before the meeting. If FDA is unable to post
the background material on its website prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's website after the meeting. Background material is
available at https://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
All electronic and written submissions submitted to the Docket (see
ADDRESSES) on or before February 19, 2020, will be provided to the
committee. Oral presentations from the public will be scheduled between
approximately 11 a.m. to 11:30 a.m. and 3:30 p.m. to 4 p.m. Those
individuals interested in making formal oral presentations should
notify the contact person and submit a brief statement of the general
nature of the evidence or arguments they wish to present, the names and
addresses of proposed participants, and an indication of the
approximate time requested to make their presentation on or before
February 13, 2020. Time allotted for each presentation may be limited.
If the number of registrants requesting to speak is greater than can be
reasonably accommodated during the scheduled open public hearing
session, FDA may conduct a lottery to determine the speakers for the
scheduled open public hearing session. The contact person will notify
interested persons regarding their request to speak by February 14,
2020.
    Persons attending FDA's advisory committee meetings are advised
that FDA is not responsible for providing access to electrical outlets.
    For press inquiries, please contact the Office of Media Affairs at
<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Lauren Tesh Hotaki (see FOR FURTHER INFORMATION CONTACT) at
least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our website at https://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).

    Dated: January 17, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-01150 Filed 1-23-20; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Notices]
[Pages 46643-46644]
[FR Doc No: 2013-18471]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70045; File No. SR-NYSEArca-2013-73]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending the NYSE
Arca Options Fee Schedule With Respect to Cap on Fees for Firm and
Broker Dealer Open Outcry Executions

July 26, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on July 18, 2013, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 the NYSE Arca Options Fee Schedule
(``Fee Schedule'') with respect to cap on fees for Firm and Broker
Dealer open outcry executions. The text of the proposed rule change is
available on the Exchange's Web site at www.nyse.com, at the principal
office of the Exchange, 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 self-regulatory organization
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 those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to amend the Fee Schedule with respect to the
cap on fees for Firm and Broker Dealer open outcry executions.
    Currently, there is a $100,000 cap per month on Proprietary fees
and Broker Dealer fees for transactions in standard option contracts
cleared in the customer range for open outcry executions, exclusive of
strategy executions, royalty fees, and Firm trades executed via a Joint
Back Office (``JBO'') agreement.\4\ The Exchange proposes to amend the
text of the Fee Schedule to make more explicit that the $100,000 cap
applies to the fees on a combined basis. For example, if in a given
month a Firm incurred $55,000 in Proprietary fees and $55,000 in Broker
Dealer fees for standard option contract transactions cleared in the
customer range for open outcry executions, exclusive of strategy
executions, royalty fees and Firm trades executed via a JBO agreement,
then the Firm would only have to pay a total of $100,000 in such
fees.\5\ If a Firm or Broker Dealer only had one of the two types of
fees that met those qualifications, then it could still qualify if such
fees exceeded $100,000 per month.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 69690 (June 4,
2013), 78 FR 34681 (June 10, 2013) (SR-NYSEArca-2013-55) (setting
cap at $100,000); see also Securities Exchange Act Release Nos.
67419 (July 12, 2012), 77 FR 42343 (July 18, 2012) (SR-NYSEArca-
2012-71) (extending fee cap to Broker Dealers); 63471 (Dec. 8,
2010), 75 FR 77928 (Dec. 14, 2010) (SR-NYSEArca-2010-108) (adopting
initial $75,000 fee cap for Proprietary fees).
    \5\ Since the fee cap was amended in July 2012 to include Broker
Dealer fees, the Exchange has provided a monthly report to its
member firms that may have incorrectly suggested that fees for each
of the two types of volume had to each separately reach $100,000
before the fee cap applied. While the Exchange believes that the
current text of the Fee Schedule is clear that both types of fees
count toward the $100,000 cap, the Exchange wishes to avoid any
potential misunderstanding on the qualifications for the fee cap.
The report text also will be updated accordingly to avoid any such
misunderstanding. The Exchange notes that, since the $75,000 fee cap
and, later, the $100,000 fee cap were implemented, no Firm or Broker
Dealer has qualified for the fee cap, whether applied on a combined
or separate basis.
---------------------------------------------------------------------------

    The proposed change is not intended to address any other issues,
and the Exchange is not aware of any problems that Firms or Broker
Dealers would have in complying with the proposed change.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\6\ in general, and furthers the
objectives of Sections 6(b)(4) and 6(b)(5) of the Act,\7\ in
particular, because it provides for the equitable allocation of
reasonable dues, fees, and other charges among its members, issuers and
other persons using its facilities and does not unfairly discriminate
between customers, issuers, brokers or dealers.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(4) and (5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed change is reasonable
because it will provide better notice about how to qualify for the fee
cap. The Exchange further believes that the fee cap is equitable and
not unfairly discriminatory because it is designed to encourage Firms
and Broker Dealers to engage in a high level of open outcry executions,
which will increase liquidity on the Exchange and benefit all market
participants. The Exchange believes that it is equitable and not
unfairly discriminatory to offer the fee cap to Firms and Broker
Dealers, and not other market participants, because its purpose is to
attract large block order flow to the floor of the Exchange, where such
orders can be better handled in comparison with electronic orders that
are not negotiable.
    Finally, the Exchange believes that it is subject to significant
competitive forces, as described below in the Exchange's statement
regarding the burden on competition. For these

reasons, the Exchange believes that the proposal is consistent with the
Act.

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

    In accordance with Section 6(b)(8) of the Act,\8\ the Exchange does
not believe that the proposed rule change will impose any burden on
competition that is not necessary or appropriate in furtherance of the
purposes of the Act. Rather, the proposed rule change will provide
better notice about how to qualify for an available fee cap.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78f(b)(8).
---------------------------------------------------------------------------

    The Exchange notes that it operates in a highly competitive market
in which market participants can readily favor competing venues if they
deem fee levels at a particular venue to be excessive or credits
available at other venues to be more favorable. In such an environment,
the Exchange must set its fees and credits so that it remains
competitive with other exchanges and with alternative trading systems
that have been exempted from compliance with the statutory standards
applicable to exchanges. Because competitors are free to modify their
own fees and credits in response, and because market participants may
readily adjust their trading practices, the Exchange believes that the
degree to which fee or credit changes in this market may impose any
burden on competition is extremely limited. As a result of all of these
considerations, the Exchange does not believe that the proposed change
will impair the ability of its market participants or competing order
execution venues to maintain their competitive standing in the
financial markets.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \9\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \10\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of such 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. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \11\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

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-NYSEArca-2013-73 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-NYSEArca-2013-73. 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, 100 F Street NE.,
Washington, DC 20549-1090, 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 office 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-
NYSEArca-2013-73, and should be submitted on or before August 22, 2013.
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    \12\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-18471 Filed 7-31-13; 8:45 am]
BILLING CODE 8011-01-P