[Federal Register Volume 86, Number 118 (Wednesday, June 23, 2021)]
[Notices]
[Pages 32980-32981]
[FR Doc No: 2021-13185]

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DEPARTMENT OF LABOR

Occupational Safety and Health Administration

[Docket No. OSHA-2012-0002]

Asbestos in Construction Standard; Extension of the Office of
Management and Budget's (OMB) Approval of Information Collection
(Paperwork) Requirements

AGENCY: Occupational Safety and Health Administration (OSHA), Labor.

ACTION: Request for public comments.

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SUMMARY: OSHA solicits public comments concerning the proposal to
extend the Office of Management and Budget's (OMB) approval of the
information collection requirements specified in the Asbestos in
Construction Standard.

DATES: Comments must be submitted (postmarked, sent, or received) by
August 23, 2021.

ADDRESSES:
    Electronically: You may submit comments, including attachments,
electronically at http://www.regulations.gov, the Federal eRulemaking
Portal. Follow the instructions online for submitting comments.
    Docket: To read or download comments or other material in the
docket, go to http://www.regulations.gov. Documents in the docket are
listed in the http://www.regulations.gov index; however, some
information (e.g., copyrighted material) is not publicly available to
read or download through the website. All submissions, including
copyrighted material, are available for inspection through the OSHA
Docket Office. Contact the OSHA Docket Office for assistance in
locating docket submissions.
    Instructions: All submissions must include the agency name and the
OSHA docket number for this Federal Register notice (OSHA-2012-0002).
OSHA will place comments and requests to speak, including personal
information, in the public docket, which may be available online.
Therefore, OSHA cautions interested parties about submitting personal
information such as social security numbers and birthdates. For further
information on submitting comments, see the ``Public Participation''
heading in the section of this notice titled SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Seleda Perryman or Theda Kenney,
Directorate of Standards and Guidance, OSHA, U.S. Department of Labor,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Background

    The Department of Labor, as part of a continuing effort to reduce
paperwork and respondent (i.e., employer) burden, conducts a
preclearance consultation program to provide the public with an
opportunity to comment on proposed and continuing information
collection requirements in accordance with the Paperwork Reduction Act
of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)). This program ensures that
information is in the desired format, the reporting burden (time and
costs) is minimal, the collection instruments are clearly understood,
and OSHA's estimate of the information collection burden is accurate.
The Occupational Safety and Health Act of 1970 (OSH Act) (29 U.S.C.

651 et seq.) authorizes information collection by employers as
necessary or appropriate for enforcement of the OSH Act or for
developing information regarding the causes and prevention of
occupational injuries, illnesses, and accidents (29 U.S.C. 657). The
OSH Act also requires OSHA to obtain such information with a minimum
burden upon employers, especially those operating small businesses, and
to reduce to the maximum extent feasible unnecessary duplication of
efforts in obtaining said information (29 U.S.C. 657).
    The Asbestos in Construction Standard (29 CFR 1926.1101) protects
workers from adverse health effects arising from workplace exposure to
asbestos, including lung cancer, mesothelioma, asbestosis (an
emphysema-like condition) and gastrointestinal cancer. The standard
requires employers to monitor worker exposure, provide medical
surveillance, and maintain accurate records of worker exposure to
asbestos. These records will be used by employers, workers, and the
Government to ensure that workers are not harmed by exposure to
asbestos in the workplace.

II. Special Issues for Comment

    OSHA has a particular interest in comments on the following issues:
     Whether the proposed information collection requirements
are necessary for the proper performance of the agency's functions,
including whether the information is useful;
     The accuracy of OSHA's estimate of the burden (time and
costs) of the information collection requirements, including the
validity of the methodology and assumptions used;
     The quality, utility, and clarity of the information
collected; and
     Ways to minimize the burden on employers who must comply--
for example, by using automated or other technological information
collection and transmission techniques.

III. Proposed Actions

    The agency is requesting an adjustment increase of 433,878.37
burden hours, from, 3,765,456.27 to 4,199,334.64 hours. There are
several reasons for this change in burden.
    First, the agency has updated the data sources used to estimate the
number of respondents and unit costs. Second, in estimating the change
in the number of buildings that may contain ACM/PACM, the 2018 ICR
mistakenly omitted data from some years from the calculation.
Correcting this error increases the number of buildings. Because the
number of buildings is used to calculate the number of covered
employees, the number of covered employees increased as a result of
this change, increasing burden. Finally, this ICR renewal switches from
using rounded decimal estimates of unit burden to unrounded fractions
(for instance, from 0.08 to 5/60 for an item with five minutes of
burden). This has a net effect of increasing burden.
    Type of Review: Extension of a currently approved collection.
    Title: Asbestos in Construction Standard (29 CFR 1926.1101).
    OMB Control Number: 1218-0134.
    Affected Public: Business or other for-profits.
    Number of Respondents: 1,104,261.
    Frequency: On occasion.
    Average Time per Response: Varies.
    Estimated Number of Responses: 41,566,377.
    Estimated Total Burden Hours: 4,199,334.64.
    Estimated Cost (Operation and Maintenance): $66,912,839.51.

IV. Public Participation--Submission of Comments on This Notice and
Internet Access to Comments and Submissions

    You may submit comments in response to this document as follows:
(1) Electronically at http://www.regulations.gov, which is the Federal
eRulemaking Portal; (2) by facsimile (fax); or (3) by hard copy. Please
note: While OSHA's Docket Office is continuing to accept and process
submissions by regular mail, due to the COVID-19 pandemic, the Docket
Office is closed to the public and not able to receive submissions to
the docket by hand, express mail, messenger, and courier service. All
comments, attachments, and other material must identify the agency name
and the OSHA docket number (Docket No. OSHA-2012-0002) for the ICR. You
may supplement electronic submissions by uploading document files
electronically. If you wish to mail additional materials in reference
to an electronic or facsimile submission, you must submit them to the
OSHA Docket Office (see the section of this notice titled ADDRESSES).
The additional materials must clearly identify electronic comments by
your name, date, and the docket number so that the agency can attach
them to your comments.
    Due to security procedures, the use of regular mail may cause a
significant delay in the receipt of comments.
    Comments and submissions are posted without change at http://www.regulations.gov. Therefore, OSHA cautions commenters about
submitting personal information such as social security numbers and
dates of birth. Although all submissions are listed in the http://www.regulations.gov index, some information (e.g., copyrighted
material) is not publicly available to read or download through this
website.
    All submissions, including copyrighted material, are available for
inspection and copying at the OSHA Docket Office. Information on using
the http://www.regulations.gov website to submit comments and access
the docket is available at the website's ``User Tips'' link. Contact
the OSHA Docket Office at<PHONE_NUMBER>, (TTY<PHONE_NUMBER>) for
information about materials not available through the website, and for
assistance in using the internet to locate docket submissions.

V. Authority and Signature

    James S. Frederick, Acting Assistant Secretary of Labor for
Occupational Safety and Health, directed the preparation of this
notice. The authority for this notice is the Paperwork Reduction Act of
1995 (44 U.S.C. 3506 et seq.) and Secretary of Labor's Order No. 1-2012
(77 FR 3912).

    Signed at Washington, DC, on June 15, 2021.
James S. Frederick,
Acting Assistant Secretary of Labor for Occupational Safety and Health.
[FR Doc. 2021-13185 Filed 6-22-21; 8:45 am]
BILLING CODE 4510-26-P


[Federal Register Volume 78, Number 245 (Friday, December 20, 2013)]
[Notices]
[Pages 77185-77186]
[FR Doc No: 2013-30269]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71084; File No. SR-BOX-2013-58]

Self-Regulatory Organizations; BOX Options Exchange LLC; Notice
of Filing and Immediate Effectiveness of a Proposed Rule Change To
Remove References to the Nasdaq 100 Index

December 16, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 4, 2013, BOX Options Exchange LLC (the ``Exchange'') filed
with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the self-regulatory organization. The Commission
is publishing this notice to solicit comments on the proposed rule from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to amend interpretive material to Rule 6010
(Definitions), Rule 6040 (Position Limits for Broad-Based Index
Options), and Rule 6090 (Terms of Index Options) to remove references
to the Nasdaq 100 Index (NDX). The text of the proposed rule change is
available from the principal office of the Exchange, at the
Commission's Public Reference Room and also on the Exchange's Internet
Web site at http://boxexchange.com.

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 these statements may be examined at
the places specified in Item IV below. The self-regulatory organization
has prepared summaries, set forth in Sections A, B, and C below, of the
most significant aspects of such statements.

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

1. Purpose
    The purpose of the proposed rule change is to amend Interpretive
Material (``IM'') 6010-1 to Rule 6010 (Definitions), Rule 6040
(Position Limits for Broad-Based Index Options), and Rule 6090 (Terms
of Index Options) to remove references to the Nasdaq 100 Index (NDX).
Options on the Nasdaq 100 Index (NDX) are no longer listed or traded on
BOX, and as such, the Exchange believes it is appropriate to remove all
references to NDX in the BOX Rulebook. The Exchange proposes to remove
the following references to NDX:
     IM-6010-1 identifies the designated reporting authority
for each underlying index for options traded on BOX, including the
Nasdaq Stock Market for NDX.
     Rule 6040 specifies position limits for certain broad-
based index options, including NDX.
     Rule 6090 permits the Exchange to list up to seven
expiration months at any one time for certain broad-based index
options, including NDX. Additionally, Section 6090(a)(4) specifically
references options on NDX as one of the European-style index options
approved for trading on BOX, Section 6090(a)(5) references options on
NDX as A.M.-settled index options approved for trading on BOX, and
Section 6090(c) references NDX in its ``Procedures for Adding and
Deleting Strike Prices.''
    The Exchange represents that, if, in the future, options on NDX are
again listed on BOX, it will file to add NDX references to the BOX
Rulebook.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\3\ in general, and Section
6(b)(5) of the Act,\4\ in particular, in that it is designed to foster
cooperation and coordination with persons engaged in regulating,
clearing, settling, processing information with respect to, and
facilitating transactions in securities, to remove impediments to and
perfect the mechanism for a free and open market and a national market
system and, in general, to protect investors and the public interest.
In particular, this proposed change removes from the BOX Rules
references to NDX that are no longer applicable because options on NDX
have been delisted and are no longer traded on BOX. Accordingly, the
Exchange believes removing all references to NDX from the BOX Rulebook
will eliminate any potential investor confusion about the products
listed and traded on BOX.
---------------------------------------------------------------------------

    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change imposes
any burden on competition. The proposed change is not designed to
address any competitive issue but rather would remove references to NDX
that are no longer applicable because options on NDX have been delisted
and are no longer traded on BOX.

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

    The Exchange has neither solicited nor received comments on the
proposed rule change.

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

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \5\ and Rule 19b-
4(f)(6)(iii) thereunder.
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    \5\ 15 U.S.C. 78s(b)(3)(A).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally does
not become operative for 30 days after the date of filing.\6\ However,
Rule 19b-4(f)(6)(iii) permits the Commission to designate a shorter
time if such action is consistent with the protection of investors and
the public interest. The Exchange requested that the Commission waive
the 30-day operative delay, as specified in Rule 19b-4(f)(6)(iii),\7\
which would make the rule change effective and operative upon filing.
---------------------------------------------------------------------------

    \6\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
    \7\ 17 CFR 240.19b-4(f)(6)(iii).
---------------------------------------------------------------------------

    The Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest
because doing so will allow BOX to immediately delete an obsolete rule
and update its rule book, which in turn will avoid potential confusion.
Accordingly, the Commission designates the proposed rule change as
operative upon filing with the Commission.\8\
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    \8\ For purposes only of waiving the operative delay for this
proposal, the Commission has considered the proposed rule's impact
on efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BOX-2013-58 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-BOX-2013-58. 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 at 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 offices of the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-BOX-
2013-58, and should be submitted on or before January 10, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-30269 Filed 12-19-13; 8:45 am]
BILLING CODE 8011-01-P


	Fwd: Protection of Stratospheric Ozone: Ban on the Sale or Distribution of

Pre-Charged Appliances - Proposed Rule

	Jay Carmichael

	to:

	Julius Banks

	08/20/2009 08:37 AM

Mr. Banks,

I would appreciate the opportunity for a short phone discussion regarding

the questions sent last week in the attached email.  I will call you at a

time convenient to your schedule. Please advise me of your preference.

Thank you very much for your assistance.

Respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax advice

contained in this communication (including any attachments), unless

otherwise specifically stated, was not intended or written to be used, and

cannot be used, for the purpose of (1) avoiding penalties under the

Internal Revenue Code or (2) promoting, marketing or recommending to

another party any matters addressed herein. Click the following hyperlink

to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/misc/Disclaimer

----- Message from "Jay Carmichael"<EMAIL_ADDRESS>on Fri, 14

Aug 2009 17:51:56 -0400 -----

To<EMAIL_ADDRESS> Subject:	Protection of Stratospheric Ozone: Ban on the Sale or Distribution

of Pre-Charged Appliances - Proposed Rule

Mr. Banks,

Thank you very much for our discussion earlier this week on the pending

Final Rule regarding the above subject ban.

As I read the materials about the proposed rules related to this subject,

it does not appear that appliances pre-charged with HCFC-22 and

manufactured after January 1, 2010, that are imported for export, would

fall within the proposed subject ban unless, following entry at the site

of Customs clearance and before exportation, the appliances were

distributed or transported between one state, territory, possession or the

District of Columbia and another state, territory, possession or the

District of Columbia.

And, even if such "distribution or transportation occurs, i.e.

"introduction into interstate commerce", such appliance could still be

exported to an Article 5 party pursuant to an exception for such exports.

Is this reading of the materials correct and will a Final Rule potentially

modify this?

Is EPA responsible for promulgating the current list of "Article 5

Parties" and if so, where is that official information published?

Is there a required procedure for obtaining EPA approval for the

import-for-export of such appliances?

Is there a required procedure for obtaining EPA approval for the export of

such appliances?

Does your office render opinions/interpretations on proper labeling of

products using ozone-depleting substances or the reporting requirements

pertinent to importing/exporting? If not, which office in EPA has

responsibility for such matters?

If it would be easier to discuss this over the phone please let me know a

convenient time to call you.

Thank you for your consideration of my questions.

Respectfully,

Jay Carmichael----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009

02:59 PM -----

	Re: Ban on the Sale and Distribution of Pre-Charged Appliances

	Julius Banks

	to:

	Jay Carmichael

	08/24/2009 12:46 PM

I am aware of the comments.  As we discussed last week, EPA does not

allocate equipment allowances, under any circumstances including under an

A5 designation.   EPA did not propose such an exemption to the proposed

ban on sale or distribution in interstate commerce of HCFC-22 or HCFC-22

precharged equipment.  We will address the comments on this issue in the

final version of the proposed rule.

Julius

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

www.epa.gov/ozone/title6/608/608fact.html

From:	"Jay Carmichael"<EMAIL_ADDRESS> To:	Julius Banks/DC/USEPA/US@EPA

Date:	08/24/2009 10:21 AM

Subject:	Ban on the Sale and Distribution of Pre-Charged Appliances

Mr. Banks,

I read through many comments to the subject proposed rule over the weekend

following our conversation about import-to-export last Friday.

A tangentially related issue arises with regard to domestic manufacturing

of appliances containing R-22 after January 1, 2010 for exportation. E.g.,

AHRI, in its February 6, 2009 letter (as well as other commentors, e.g.

Rheem, Trane, URI), opposed the proposed ban on U.S.-manufactured

appliances intended solely for export from the U.S. to Article 5

countries.  Can you advise if such appliances, even if introduced into

U.S. interstate commerce prior to export but for the sole purpose of

export, will be allowed?

Thank you very much for your response.

Respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax advice

contained in this communication (including any attachments), unless

otherwise specifically stated, was not intended or written to be used, and

cannot be used, for the purpose of (1) avoiding penalties under the

Internal Revenue Code or (2) promoting, marketing or recommending to

another party any matters addressed herein. Click the following hyperlink

to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/misc/Disclaimer

----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009 02:59 PM -----

	Ban on the sale and distribution of pre-charged appliances (with R-22)

	Jay Carmichael

	to:

	Julius Banks

	09/07/2009 08:16 AM

Mr. Banks,

Thank you again, very much, for your timely responses to my earlier

questions. I've been watching for a public announcement on the final

subject regulation and continuing to review the FR but have not seen a

Final Rule of EPA's Proposed Rule on the subject published last December.

Has the Final Rule been published? If not, is there a distribution list to

which I could be added for automatic notification of such publication?

Thank you.

Very respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax advice

contained in this communication (including any attachments), unless

otherwise specifically stated, was not intended or written to be used, and

cannot be used, for the purpose of (1) avoiding penalties under the

Internal Revenue Code or (2) promoting, marketing or recommending to

another party any matters addressed herein. Click the following hyperlink

to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/misc/Disclaimer

----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009 02:59 PM -----

	Re: Ban on the sale and distribution of pre-charged appliances (with R-22)

	Julius Banks

	to:

	Jay Carmichael

	09/08/2009 11:18 AM

Mr. Carmichael,

I anticipate final versions of the rules to be published later this year.

EPA will post copies on-line(www.epa.gov/ozone/strathome.html) as soon as

the final versions can be made public.   Additional information is

available at www.epa.gov/ozone/title6/phaseout/rulesoverview.html and

www.epa.gov/ozone/title6/phaseout/classtwo.html.  Unfortunately, I cannot

give you an estimated publish date, but we will post as soon as the rules

are signed.  There is no official distribution list, but I will send you a

note when we post.

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

www.epa.gov/ozone/title6/608/608fact.html

From:	"Jay Carmichael"<EMAIL_ADDRESS> To:	Julius Banks/DC/USEPA/US@EPA

Date:	09/07/2009 08:16 AM

Subject:	Ban on the sale and distribution of pre-charged appliances (with

R-22)

Mr. Banks,

Thank you again, very much, for your timely responses to my earlier

questions. I've been watching for a public announcement on the final

subject regulation and continuing to review the FR but have not seen a

Final Rule of EPA's Proposed Rule on the subject published last December.

Has the Final Rule been published? If not, is there a distribution list to

which I could be added for automatic notification of such publication?

Thank you.

Very respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax advice

contained in this communication (including any attachments), unless

otherwise specifically stated, was not intended or written to be used, and

cannot be used, for the purpose of (1) avoiding penalties under the

Internal Revenue Code or (2) promoting, marketing or recommending to

another party any matters addressed herein. Click the following hyperlink

to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/misc/Disclaimer

----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009 02:59 PM -----

	Re: Ban on the sale and distribution of pre-charged appliances (with R-22)

	Jay Carmichael

	to:

	Julius Banks

	09/08/2009 11:26 AM

Mr. Banks,

Thank you very much for the information and quick response.

Respectfully,

Jay Carmichael

>>><EMAIL_ADDRESS>9/8/2009 11:18 AM >>>

Mr. Carmichael,

I anticipate final versions of the rules to be published later this

year.  EPA will post copies on-line(www.epa.gov/ozone/strathome.html) as

soon as the final versions can be made public.   Additional information

is available at www.epa.gov/ozone/title6/phaseout/rulesoverview.html and

www.epa.gov/ozone/title6/phaseout/classtwo.html.  Unfortunately, I

cannot give you an estimated publish date, but we will post as soon as

the rules are signed.  There is no official distribution list, but I

will send you a note when we post.

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

www.epa.gov/ozone/title6/608/608fact.html

|------------>

| From:      |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |"Jay Carmichael"<EMAIL_ADDRESS>

                                                              |

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

|------------>

| To:        |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |Julius

Banks/DC/USEPA/US@EPA

                                                    |

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

|------------>

| Date:      |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |09/07/2009 08:16

AM

                                          |

>----------------------------------------------------------------------- ---

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|------------>

| Subject:   |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |Ban on the sale and distribution of pre-charged appliances  (with

R-22)                                                               |

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

Mr. Banks,

Thank you again, very much, for your timely responses to my earlier

questions. I've been watching for a public announcement on the final

subject regulation and continuing to review the FR but have not seen a

Final Rule of EPA's Proposed Rule on the subject published last

December.  Has the Final Rule been published? If not, is there a

distribution list to which I could be added for automatic notification

of such publication?

Thank you.

Very respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax

advice contained in this communication (including any attachments),

unless otherwise specifically stated, was not intended or written to be

used, and cannot be used, for the purpose of (1) avoiding penalties

under the Internal Revenue Code or (2) promoting, marketing or

recommending to another party any matters addressed herein. Click the

following hyperlink to view the complete Gunster IRS Disclosure &

Confidentiality note.

http://www.gunster.com/misc/Disclaimer

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax advice

contained in this communication (including any attachments), unless

otherwise specifically stated, was not intended or written to be used, and

cannot be used, for the purpose of (1) avoiding penalties under the

Internal Revenue Code or (2) promoting, marketing or recommending to

another party any matters addressed herein. Click the following hyperlink

to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/misc/Disclaimer

----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009 02:59 PM -----

	Re: Ban on the sale and distribution of pre-charged appliances (with R-22)

	Julius Banks

	to:

	Jay Carmichael

	10/26/2009 09:25 AM

Mr. Carmichael,

 We had proposed an effective date of January 1, 2010.  Since it was only

a proposed date (and no date has been codified),  there is nothing to

extend.  .  The signature date may impact the effective date of the final

rule; however, I cannot offer a definitive date at this time.

Regards,

Julius

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

www.epa.gov/ozone/title6/608/608fact.html

From:	"Jay Carmichael"<EMAIL_ADDRESS> To:	Julius Banks/DC/USEPA/US@EPA

Date:	10/25/2009 11:11 AM

Subject:	Re: Ban on the sale and distribution of pre-charged appliances

(with R-22)

Mr. Banks,

In view of the fact that a Final Rule has still not been published, is the

effective date for imposing the ban being extended?

Thank you for any information you can provide.

Respectfully,

Jay Carmichael

>>><EMAIL_ADDRESS>9/8/2009 11:18 AM >>>

Mr. Carmichael,

I anticipate final versions of the rules to be published later this

year.  EPA will post copies on-line(www.epa.gov/ozone/strathome.html) as

soon as the final versions can be made public.   Additional information

is available at www.epa.gov/ozone/title6/phaseout/rulesoverview.html and

www.epa.gov/ozone/title6/phaseout/classtwo.html.  Unfortunately, I

cannot give you an estimated publish date, but we will post as soon as

the rules are signed.  There is no official distribution list, but I

will send you a note when we post.

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

www.epa.gov/ozone/title6/608/608fact.html

|------------>

| From:      |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |"Jay Carmichael"<EMAIL_ADDRESS>

                                                              |

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

|------------>

| To:        |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |Julius

Banks/DC/USEPA/US@EPA

                                                    |

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

|------------>

| Date:      |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |09/07/2009 08:16

AM

                                          |

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

|------------>

| Subject:   |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |Ban on the sale and distribution of pre-charged appliances  (with

R-22)                                                               |

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

Mr. Banks,

Thank you again, very much, for your timely responses to my earlier

questions. I've been watching for a public announcement on the final

subject regulation and continuing to review the FR but have not seen a

Final Rule of EPA's Proposed Rule on the subject published last

December.  Has the Final Rule been published? If not, is there a

distribution list to which I could be added for automatic notification

of such publication?

Thank you.

Very respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax

advice contained in this communication (including any attachments),

unless otherwise specifically stated, was not intended or written to be

used, and cannot be used, for the purpose of (1) avoiding penalties

under the Internal Revenue Code or (2) promoting, marketing or

recommending to another party any matters addressed herein. Click the

following hyperlink to view the complete Gunster IRS Disclosure &

Confidentiality note.

http://www.gunster.com/misc/Disclaimer

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax advice

contained in this communication (including any attachments), unless

otherwise specifically stated, was not intended or written to be used, and

cannot be used, for the purpose of (1) avoiding penalties under the

Internal Revenue Code or (2) promoting, marketing or recommending to

another party any matters addressed herein. Click the following hyperlink

to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/misc/Disclaimer

----- Forwarded by Julius Banks/DC/USEPA/US on 12/10/2009 02:59 PM -----

	Re: Ban on the sale and distribution of pre-charged appliances (with R-22)

	Julius Banks

	to:

	Jay Carmichael

	10/26/2009 10:48 AM

Jay

There is no statutory or existing regulatory self-effectuating ban on the

import of pre-charged R-22 appliances and components. Without a final rule

there is no ban on pre-charged appliances and components, and there is no

effective date.  I can't give you an effective date without a final rule,

but I understand that companies may have plans to import potential

regulated products after the proposed effective date.  We hope that

businesses take the proposal into consideration when making their future

plans--so that they will not be taken off guard by EPA final action.

Julius

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

www.epa.gov/ozone/title6/608/608fact.html

From:	"Jay Carmichael"<EMAIL_ADDRESS> To:	Julius Banks/DC/USEPA/US@EPA

Date:	10/26/2009 09:42 AM

Subject:	Re: Ban on the sale and distribution of pre-charged appliances

(with R-22)

Mr. Banks,

I understand. I probably should have not used the term "extended." We're

66 days from a potential effective date.  Some business supply chains

could may already exceed that time frame.  Is it EPA's position that a

January 1, 2010 ban will be effective even absent the promulgation of a

Final Rule?

Respectfully,

Jay Carmichael

>>><EMAIL_ADDRESS>10/26/2009 9:25 AM >>>

Mr. Carmichael,

We had proposed an effective date of January 1, 2010.  Since it was

only a proposed date (and no date has been codified),  there is nothing

to extend.  .  The signature date may impact the effective date of the

final rule; however, I cannot offer a definitive date at this time.

Regards,

Julius

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

www.epa.gov/ozone/title6/608/608fact.html

|------------>

| From:      |

|------------>

>----------------------------------------------------------------------- ---

----------------------------------------------------------------|

  |"Jay Carmichael"<EMAIL_ADDRESS>

                                                                  |

>----------------------------------------------------------------------- ---

----------------------------------------------------------------|

|------------>

| To:        |

|------------>

>----------------------------------------------------------------------- ---

----------------------------------------------------------------|

  |Julius

Banks/DC/USEPA/US@EPA

                                                        |

>----------------------------------------------------------------------- ---

----------------------------------------------------------------|

|------------>

| Date:      |

|------------>

>----------------------------------------------------------------------- ---

----------------------------------------------------------------|

  |10/25/2009 11:11

AM

                                              |

>----------------------------------------------------------------------- ---

----------------------------------------------------------------|

|------------>

| Subject:   |

|------------>

>----------------------------------------------------------------------- ---

----------------------------------------------------------------|

  |Re: Ban on the sale and distribution of pre-charged   appliances  (with

R-22)                                                             |

>----------------------------------------------------------------------- ---

----------------------------------------------------------------|

Mr. Banks,

In view of the fact that a Final Rule has still not been published, is

the effective date for imposing the ban being extended?

Thank you for any information you can provide.

Respectfully,

Jay Carmichael

>>><EMAIL_ADDRESS>9/8/2009 11:18 AM >>>

Mr. Carmichael,

I anticipate final versions of the rules to be published later this

year.  EPA will post copies on-line(www.epa.gov/ozone/strathome.html) as

soon as the final versions can be made public.   Additional information

is available at www.epa.gov/ozone/title6/phaseout/rulesoverview.html and

www.epa.gov/ozone/title6/phaseout/classtwo.html.  Unfortunately, I

cannot give you an estimated publish date, but we will post as soon as

the rules are signed.  There is no official distribution list, but I

will send you a note when we post.

Julius Banks

Team Lead, Refrigerant Recovery and Recycling Prog.

Stratospheric Protection Division

tel:<PHONE_NUMBER>

fax:<PHONE_NUMBER>

www.epa.gov/ozone/title6/608/608fact.html

|------------>

| From:      |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |"Jay Carmichael"<EMAIL_ADDRESS> |

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

|------------>

| To:        |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |Julius Banks/DC/USEPA/US@EPA

|

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

|------------>

| Date:      |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |09/07/2009 08:16 AM

|

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

|------------>

| Subject:   |

|------------>

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

  |Ban on the sale and distribution of pre-charged appliances  (with

R-22)                                                               |

>----------------------------------------------------------------------- ---

------------------------------------------------------------|

Mr. Banks,

Thank you again, very much, for your timely responses to my earlier

questions. I've been watching for a public announcement on the final

subject regulation and continuing to review the FR but have not seen a

Final Rule of EPA's Proposed Rule on the subject published last

December.  Has the Final Rule been published? If not, is there a

distribution list to which I could be added for automatic notification

of such publication?

Thank you.

Very respectfully,

Jay Carmichael

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax

advice contained in this communication (including any attachments),

unless otherwise specifically stated, was not intended or written to be

used, and cannot be used, for the purpose of (1) avoiding penalties

under the Internal Revenue Code or (2) promoting, marketing or

recommending to another party any matters addressed herein. Click the

following hyperlink to view the complete Gunster IRS Disclosure &

Confidentiality note.

http://www.gunster.com/misc/Disclaimer

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax

advice contained in this communication (including any attachments),

unless otherwise specifically stated, was not intended or written to be

used, and cannot be used, for the purpose of (1) avoiding penalties

under the Internal Revenue Code or (2) promoting, marketing or

recommending to another party any matters addressed herein. Click the

following hyperlink to view the complete Gunster IRS Disclosure &

Confidentiality note.

http://www.gunster.com/misc/Disclaimer

Tax Advice Disclosure: To ensure compliance with requirements imposed by

the IRS under Circular 230, we inform you that any U.S. federal tax advice

contained in this communication (including any attachments), unless

otherwise specifically stated, was not intended or written to be used, and

cannot be used, for the purpose of (1) avoiding penalties under the

Internal Revenue Code or (2) promoting, marketing or recommending to

another party any matters addressed herein. Click the following hyperlink

to view the complete Gunster IRS Disclosure & Confidentiality note.

http://www.gunster.com/misc/Disclaimer