Please use this form to submit comments on the Intelligence/Investigations Function Guide.

Submit a completed comment form no later than January 21, 2008 to   HYPERLINK "http://www.regulations.gov"  http://www.regulations.gov

Follow the instructions for submitting comments for Docket ID FEMA-2008-0016.

Instructions to Fill Out the Comment Form:

Organization: Indicate the organization that you and/or your comments represent.

Page: 	Indicate the page number(s) on which the change is requested.

(If the change is on more than one page, please use the following format: 44-45. For general comments not corresponding to a specific page, enter GEN)

Line:	Indicate the line number(s) on which the change is requested.

		(If the change is on more than one line, please use the following format: 44-45)

Type of Change:   Indicate the type of comment using the following categories:

		C – Critical (Contentious issue that will cause non-concurrence with publication)

		S – Substantive (Factually incorrect material)

		A – Administrative (Grammar, punctuation, style, etc.)

Proposed Change: 	Indicate your change or comment.

Rationale: Provide the language you would prefer. For example, if the comment is pertaining to a missing reference to Topic XYZ, provide the language on that topic.

General Comments: To make general comments on the revised NIMS Document, use the boxes below the comment form.

Organization:

Contact information (name and phone/email):

PAGE	LINE	TYPE OF CHANGE	PROPOSED CHANGE	RATIONALE

 National Incident Management System Intelligence/ Investigations Function Guidance

Comment Form

Docket ID FEMA-2008-0016

 PAGE

 PAGE   1

Submit completed comment form to:  http://www.regulations.gov

National Incident Management System Intelligence/ Investigations Function Guide Comment Form


[Federal Register Volume 87, Number 177 (Wednesday, September 14, 2022)]
[Notices]
[Page 56484]
[FR Doc No: 2022-19837]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No.: FAA-2022-1133; Summary Notice No.-2022-39]

Petition for Exemption; Summary of Petition Received; Harris
Aerial, LLC

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Notice.

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SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of Federal Aviation Regulations. The
purpose of this notice is to improve the public's awareness of, and
participation in, the FAA's exemption process. Neither publication of
this notice nor the inclusion nor omission of information in the
summary is intended to affect the legal status of the petition or its
final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before October 4, 2022.

ADDRESSES: Send comments identified by docket number FAA-2022-1133
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation, 1200 New Jersey Avenue SE, Room W12-140,
West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to http://www.regulations.gov, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jake Troutman,<PHONE_NUMBER>, Office
of Rulemaking, Federal Aviation Administration, 800 Independence Avenue
SW, Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on September 8, 2022.
Brandon Roberts,
Executive Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2022-1133.
    Petitioner: Harris Aerial, LLC.
    Section(s) of 14 CFR Affected: Sec. Sec.  61.3(a)(1)(i), 91.7(a),
91.119(c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1),
91.409(a)(2), 91.417(a), and 91.417(b).
    Description of Relief Sought: Harris Aerial, LLC (Harris Aerial)
seeks relief to the extent necessary to operate their HARRIS AERIAL
CARRIER H6 HL unmanned aircraft system (UAS), weighing over 55 pounds
(lbs.) but no more than 209 lbs., for commercial operations and product
demonstration.

[FR Doc. 2022-19837 Filed 9-13-22; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 83, Number 49 (Tuesday, March 13, 2018)]
[Notices]
[Pages 10848-10849]
[FR Doc No: 2018-04990]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RM98-1-000]

Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of
the receipt of prohibited and exempt off-the-record communications.
    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission
decisional employees, who make or receive a prohibited or exempt off-
the-record communication relevant to the merits of a contested
proceeding, to deliver to the Secretary of the Commission, a copy of
the communication, if written, or a

summary of the substance of any oral communication.
    Prohibited communications are included in a public, non-decisional
file associated with, but not a part of, the decisional record of the
proceeding. Unless the Commission determines that the prohibited
communication and any responses thereto should become a part of the
decisional record, the prohibited off-the-record communication will not
be considered by the Commission in reaching its decision. Parties to a
proceeding may seek the opportunity to respond to any facts or
contentions made in a prohibited off-the-record communication, and may
request that the Commission place the prohibited communication and
responses thereto in the decisional record. The Commission will grant
such a request only when it determines that fairness so requires. Any
person identified below as having made a prohibited off-the-record
communication shall serve the document on all parties listed on the
official service list for the applicable proceeding in accordance with
Rule 2010, 18 CFR 385.2010.
    Exempt off-the-record communications are included in the decisional
record of the proceeding, unless the communication was with a
cooperating agency as described by 40 CFR 1501.6, made under 18 CFR
385.2201(e)(1)(v).
    The following is a list of off-the-record communications recently
received by the Secretary of the Commission. The communications listed
are grouped by docket numbers in ascending order. These filings are
available for electronic review at the Commission in the Public
Reference Room or may be viewed on the Commission's website at http://www.ferc.gov using the eLibrary link. Enter the docket number,
excluding the last three digits, in the docket number field to access
the document. For assistance, please contact FERC Online Support at
[email protected] or toll free at<PHONE_NUMBER>, or for TTY,
contact<PHONE_NUMBER>.

----------------------------------------------------------------------------------------------------------------
                 Docket No.                              File date                   Presenter or requester
----------------------------------------------------------------------------------------------------------------
                                                   Prohibited
----------------------------------------------------------------------------------------------------------------
1. EL18-61-000.............................  2-20-2018                          Robert E. Rutkowski.
2. CP15-558-000............................  2-20-2018                          Mass Mailing.\1\
3. CP15-558-000............................  2-21-2018                          Dean Escue.
4. CP15-558-000............................  2-21-2018                          Judi Roggie.
5. CP15-558-000............................  2-21-2018                          Karyl Patterson.
6. CP15-558-000............................  2-22-2018                          Polly M. Clark and Martin J.
                                                                                Zaleshar Jr.
7. CP15-558-000............................  2-26-2018                          Mass Mailing.\2\
8. CP15-558-000............................  2-28-2018                          Mass Mailing.\3\
9. CP15-558-000............................  3-1-2018                           Mass Mailing.\4\
10. CP15-558-000...........................  3-5-2018                           Mass Mailings.\5\
----------------------------------------------------------------------------------------------------------------
                                                     Exempt
----------------------------------------------------------------------------------------------------------------
1. CP16-9-000..............................  2-22-2018                          U.S. House Representative
                                                                                Stephen F. Lynch.
2. CP17-40-000.............................  2-22-2018                          U.S. Congress.\6\
3. P-2413-000..............................  2-23-2018                          U.S. House Representative Jody
                                                                                Hice.
4. P-2660-029..............................  2-26-2018                          U.S. Congress.\7\
5. P-2100-000..............................  2-27-2018                          Sutter County, California Board
                                                                                of Supervisors.
6. CP17-41-000.............................  3-5-2018                           FERC Staff.\8\
----------------------------------------------------------------------------------------------------------------
\1\ Seven letters have been sent to FERC Commissioners and staff under this docket number.
\2\ Two letters have been sent to FERC Commissioners and staff under this docket number.
\3\ Two letters have been sent to FERC Commissioners and staff under this docket number.
\4\ Four letters have been sent to FERC Commissioners and staff under this docket number.
\5\ Eleven letters have been sent to FERC Commissioners and staff under this docket number.
\6\ House Representatives Darin LaHood and Rodney Davis.
\7\ Senators Angus S. King, Jr. and Susan M. Collins. House Representative Bruce Poliquin.
\8\ Telephone Call Summary for call on February 28, 2018 with Eagle LNG and Environmental Resources Management.

    Dated: March 7, 2018.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2018-04990 Filed 3-12-18; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: September 24, 2010 (Volume 75, Number 185)]
[Rules and Regulations]
[Page 58304-58305]
[DOCID:fr24se10-7]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0823]
RIN 1625-AA00

Safety Zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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SUMMARY: The Coast Guard will enforce the Navy Pier Southeast Safety
Zone in

Chicago Harbor from September 18, 2010 through October 30, 2010. This
action is necessary and intended to ensure safety of life on the
navigable waters immediately prior to, during, and immediately after
fireworks events. This rule will establish restrictions upon, and
control movement of, vessels in a specified area immediately prior to,
during, and immediately after fireworks events. During the enforcement
period, no person or vessel may enter the safety zones without
permission of the Captain of the Port, Sector Lake Michigan.

DATES: The regulations in 33 CFR 165.931 are enforced from 8:45 p.m. on
September 18, 2010 until 9:15 p.m. on October 30, 2010.

FOR FURTHER INFORMATION CONTACT: If you have questions on this notice,
call or e-mail BM1 Adam Kraft, Prevention Department, Coast Guard
Sector Lake Michigan, Milwaukee, WI at<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce the safety
zone; Chicago Harbor, Navy Pier Southeast, Chicago, IL, 33 CFR 165.931
for the following events:
    (1) Navy Pier Fireworks; on September 18, 2010 from 8:45 p.m.
through 9:15 p.m.; on September 25, 2010 from 8:45 p.m. through 9:15
p.m.; on October 2, 2010 from 8:45 p.m. through 9:15 p.m.; on October
9, 2010 from 8:45 p.m. through 9:15 p.m.; on October 16, 2010 from 8:45
p.m. through 9:15 p.m.; on October 23, 2010 from 8:45 p.m. through 9:15
p.m.; on October 30, 2010 from 8:45 p.m. through 9:15 p.m.
    All vessels must obtain permission from the Captain of the Port,
Sector Lake Michigan, or his or her on-scene representative to enter,
move within or exit the safety zone. Vessels and persons granted
permission to enter the safety zone shall obey all lawful orders or
directions of the Captain of the Port, Sector Lake Michigan, or his or
her on-scene representative. While within a safety zone, all vessels
shall operate at the minimum speed necessary to maintain a safe course.
    This notice is issued under authority of 33 CFR 165.931 Safety
Zone, Chicago Harbor, Navy Pier Southeast, Chicago, IL and 5 U.S.C.
552(a). In addition to this notice in the Federal Register, the Coast
Guard will provide the maritime community with advance notification of
these enforcement periods via broadcast Notice to Mariners or Local
Notice to Mariners. The Captain of the Port, Sector Lake Michigan, will
issue a Broadcast Notice to Mariners notifying the public when
enforcement of the safety zone established by this section is
suspended. If the Captain of the Port, Sector Lake Michigan, determines
that the safety zone need not be enforced for the full duration stated
in this notice, he or she may use a Broadcast Notice to Mariners to
grant general permission to enter the safety zone. The Captain of the
Port, Sector Lake Michigan, or his or her on-scene representative may
be contacted via VHF Channel 16.

    Dated: September 13, 2010.
L. Barndt,
Captain, U.S. Coast Guard, Captain of the Port, Sector Lake Michigan.
[FR Doc. 2010-23890 Filed 9-23-10; 8:45 am]
BILLING CODE 9110-04-P


HCFC-225ca, or HCFC-225cb would not require expending Article 5
allowances.
    Given that Article 2F of the Montreal Protocol, as adjusted in
September 2007, does not provide for additional HCFC production to meet
the basic domestic needs of Article 5 Parties past 2019, EPA is
proposing to sunset the Article 5 allowance provision for all HCFCs at
the end of 2019 in the absence of further adjustments to the Protocol.
Decision XIX/6 paragraph 14 states ``In order to satisfy basic domestic
needs [the Parties] agree to allow for up to 10% of baseline until
2020, and for the period after that, to consider no later than 2015

further reductions of production for basic domestic needs.'' If the
Parties were to adjust the basic domestic needs provisions of the
Protocol to permit continued production for such needs past 2019, EPA
would evaluate that adjustment and consider issuing a proposed
regulation to extend the availability of Article 5 allowances for basic
domestic needs to the extent consistent with the Clean Air Act. Any
such proposed regulations would include production levels and schedules
that were at least as stringent as those specified in the Montreal
Protocol, as adjusted.
    EPA requests comments on its proposed revisions to Sec.  82.18(a).

C. How Does EPA Interpret ``Introduce Into Interstate Commerce or
Use''?

    Section 605(a) is titled ``Restriction of use of class II
substances'' and reads:
    ``Effective January 1, 2015, it shall be unlawful for any person to
introduce into interstate commerce or use any Class II substance unless
such substance--
    (1) Has been used, recovered, and recycled;
    (2) Is used and entirely consumed (except for trace quantities) in
the production of other chemicals; or
    (3) Is used as a refrigerant in appliances manufactured prior to
January 1, 2020.
    As used in this subsection, the term `refrigerant' means any class
II substance used for heat transfer in a refrigerating system.''
    Section 605(a) is self-effectuating, banning the introduction into
interstate commerce and use of HCFCs by its own terms. In section
605(c), however, Congress directed EPA to promulgate regulations
restricting the use of class II substances in accordance with section
605. In today's action, EPA is proposing to complete its implementation
of the section 605 provisions on use of class II substances. EPA is
also proposing regulatory language to reflect the section 605
provisions on introduction into interstate commerce of class II
substances.
    As discussed earlier in this notice, the provisions governing HCFC-
22 and HCFC-142b promulgated as part of the 1993 phaseout rule were
intended ``to prohibit the use of the chemicals (virgin material only)
for any use except as a feedstock or as a refrigerant in existing
equipment as of January 1, 2010'' (58 FR 15028). As promulgated,
however, the regulatory prohibitions did not control use directly, but
instead banned production and import for most uses. EPA is proposing to
add the direct use prohibitions contemplated in the 1993 phaseout rule
as well as the corresponding prohibitions on introduction into
interstate commerce contained in section 605(a). Consistent with the
schedule adopted in the 1993 phaseout rule, the section 605(a) use and
interstate commerce restrictions would apply to HCFC-22 and HCFC-142b
beginning in 2010 and to all other HCFCs beginning in 2015.\8\ The
restrictions on production and import, both in general and for
particular uses, that were promulgated in 1993 are at 40 CFR 82.16(b)-
(g). EPA is not proposing to change these provisions in this action.
However, EPA is further implementing section 605(a) by proposing direct
restrictions on use and introduction into interstate commerce to be
codified at Sec.  82.15 and by clarifying its interpretation of the
statutory requirements.
---------------------------------------------------------------------------

    \8\ The petition process for HCFC-141b exemption allowances at
82.16(h) would sunset in 2015, since HCFC-141b is not used as a
refrigerant and thus does not meet the criteria established by
605(a) for an exception from the statutory ban on use. EPA intends
to revise Sec.  82.16(h) when it addresses the control periods 2015-
2019.
---------------------------------------------------------------------------

    Since the promulgation of the 2003 allocation rule, EPA has
received questions from stakeholders regarding the Agency's
interpretations of section 605(a). Based on these questions, EPA has
decided to include in this proposed rule a discussion of how it
interprets that section, particularly the terms ``introduction into
interstate commerce'' and ``use.'' EPA is proposing to promulgate a
definition of interstate commerce to facilitate the implementation of
section 605(a).
    Section 605(a) includes the phrase ``introduction into interstate
commerce.'' Section 611 (Labeling) contains a similar phrase, noting
that certain products shall not be ``introduced into interstate
commerce'' unless the product bears a clearly legible and conspicuous
warning label. EPA's definition of interstate commerce for section 611
purposes appears at 40 CFR 82.104(n):

    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.

    After considering this regulatory definition, and noting the
similarities in the statutory language, EPA proposes to amend Sec.
82.3 to include a definition of ``interstate commerce'' that is
identical to the definition at Sec.  82.104(n), except that the phrase
``controlled substance'' would appear where the Sec.  82.104(n)
definition uses the term ``product.'' This is because section 605(a)
addresses substances rather than products. Adding a definition of
interstate commerce to Sec.  82.3 will clarify the applicability of the
section 605(a) provisions. Choosing a definition that is already well-
established in the labeling program will minimize stakeholder
confusion. EPA requests comments on adding this definition of
interstate commerce to subpart A.
    EPA notes that under this definition, ``introduction into
interstate commerce'' would include release of HCFCs by the domestic
manufacturer for distribution and transport prior to export. The
section 605(a) ban thus has relevance to the export of HCFCs--limiting
exports to HCFCs that are ``used, recovered, and recycled'' (section
605(a)(1)); HCFCs that are destined for transformation (section
605(a)(2)); HCFCs that will be used as a refrigerant in appliances
manufactured before the date specified in the regulations (section
605(a)(3)); and HCFCs that will be exported to Article 5 Parties
(section 605(d)(2)). As a result, HCFC exports to non-Article 5 Parties
would be limited as of January 1, 2010, or January 1, 2015, depending
on the specific HCFC.
    In addition to banning ``introduction into interstate commerce'' of
HCFCs, section 605(a) also bans ``use,'' subject to three statutory
exceptions that inform EPA's understanding of the term ``use.'' While
these exceptions apply to the ``interstate commerce'' ban as well as
the ``use'' ban, the discussion below focuses on the ``use'' aspects of
the exceptions. EPA is proposing to interpret the ``use'' ban as
applying to the use of HCFCs in manufacturing and servicing HCFC
products.
    The first exception, which appears at section 605(a)(1), applies to
class II substances that have been ``used, recovered, and recycled.''
This exception confirms EPA's understanding of the use ban as limited
to the manufacture and servicing of HCFC products. If the ban applied
to use of HCFCs by a consumer, such ``use'' might include the continued
operation of an appliance (e.g., a residential air conditioner) where
an HCFC acts as the refrigerant. Under this broad definition of
``use,'' there would be an incentive for consumers to hire servicing
technicians to recover the

HCFCs from appliances already in their homes and businesses, to recycle
the HCFCs for reuse, and to charge the HCFCs back into the same
appliances. These steps should not be necessary for continued operation
of installed equipment. However, by taking these steps, consumers could
avail themselves of the exception for ``used, recovered, and recycled''
substances at section 605(a)(1). There would be no environmental
benefit to following such a procedure. There could even be an
environmental detriment, given the potential for losses of refrigerant
during the recovery and recycling process. EPA does not believe that
Congress intended such a result. Moreover, EPA believes that Congress
intended to permit the continued use of previously manufactured
appliances, as indicated by the third exception to the use ban (section
605(a)(3)). Thus, EPA is not proposing an interpretation that would
result in shortening the useful lifetime of appliances that were
manufactured prior to the effective date of the use restriction. EPA
concludes that the section 605(a) ``use'' ban does not apply to a
consumer's operation of equipment that contains HCFCs. Rather, it
applies to use during manufacture and servicing of equipment. EPA
believes that Congress meant for the section 605(a)(1) exception to
allow the use of ``used, recovered, and recycled'' HCFCs in appropriate
instances by servicing technicians, reclaimers, and appliance
manufacturers.
    Section 605(a)(2) refers to HCFCs that are ``used and entirely
consumed (except for trace quantities) in the production of other
chemicals.'' Similar language appears as an exception to the definition
of ``production'' at section 601(11). This type of use is referred to
in EPA's regulations as ``transformation'' (see the definition of
``transform'' at 40 CFR 82.3). The current phaseout schedule for HCFC
production and consumption already includes a transformation exception
within Sec.  82.16. EPA intends to implement the transformation
exception in section 605(a)(2) consistent with the transformation
exception to the HCFC production phaseout.
    Section 605(a)(3) provides an exception for HCFCs that are ``used
as a refrigerant in appliances manufactured prior to January 1, 2020.''
EPA reads this exception as allowing appliances manufactured before the
specified date to be serviced with virgin HCFCs. This is consistent
with the legislative history of the exception. The predecessor to
section 605(a)(3) in the Senate bill was an exception for ``other
regulated substances'' (such as HCFCs) that are ``used to maintain and
service household appliances or commercial refrigeration units
manufactured prior to January 1, 2015.'' The House amendment contained
identical language. While the language that emerged in the Conference
Agreement is less specific, we can infer that this exception was
intended to address, at a minimum, maintenance and servicing needs.
    As noted above, EPA interprets the 605(a) use ban to cover initial
charges as well as maintenance and servicing. As written, the section
605(a)(3) exception would permit some newly manufactured appliances
(i.e., those manufactured prior to January 1, 2020) to be charged with
virgin HCFCs following the effective date of the use ban. In the 1993
phaseout rule, however, EPA banned production and import of HCFC-22 and
HCFC-142b, effective January 1, 2010, for use in appliances
manufactured after 2009. EPA also indicated that it intended to ban use
of virgin HCFC-22 and HCFC-142b in such appliances. Consistent with
decisions made in the 1993 rule, EPA is proposing, for HCFC-22 and
HCFC-142b, to apply the section 605(a)(3) exception only to the use of
these HCFCs in appliances manufactured before 2010. Such use would
consist of servicing and maintenance of these appliances. EPA notes
that servicing could entail a wide range of activities including
replacing parts or components. For the low ODP-refrigerants covered by
82.16(d), however, EPA is proposing to apply the section 605(a)(3)
exception to the use of HCFCs in equipment manufactured before January
1, 2020, which would allow initial charging of equipment for a limited
period as well as servicing and maintenance uses. For those
refrigerants, 82.16(d) bans production and import effective January 1,
2015 for use in appliances manufactured after 2019.
    EPA notes that the exception at section 605(a)(3) limits
introduction into interstate commerce and use to situations where the
HCFC: ``is used as a refrigerant in appliances manufactured prior to''
the specified date. Section 601 defines appliance as ``any device which
contains and uses a class I or class II substance as a refrigerant and
which is used for household or commercial purposes, including any air
conditioner, refrigerator, chiller, or freezer.'' EPA recognizes many
devices meet the section 601 definition of appliance. For example,
commercial refrigeration includes the retail food and cold storage
sectors. Industrial process refrigeration includes customized
appliances used in the chemical, pharmaceutical, petrochemical and
manufacturing industries. Other types of appliances include household
refrigerators and freezers; chillers; water coolers; vending machines;
residential and light commercial heat pumps; residential dehumidifiers;
unitary systems; and commercial ice machines. Under the SNAP program
and regulations promulgated under Sec.  608, EPA has recognized the
differences in these appliances and in some cases has found substitute
refrigerants acceptable for some appliances but not others or
established different control thresholds such as different leak rate
requirements. For the purposes of this action, EPA has considered the
definition of appliance carefully, particularly evaluating at what
point a device becomes a manufactured appliance. EPA believes that the
difference in types of appliances affects the point when manufacture is
complete.
    Through this action, EPA is providing an interpretation of section
605(a) under which air-conditioning and refrigeration appliances are
``manufactured'' when the refrigerant loop is completed, the appliance
can function, the appliance holds the complete and proper charge, and
is ready for use for its intended purposes. For refrigerators and room
air-conditioners, manufacture may be complete while the appliance is
still at a manufacturing facility. For instance, if such an appliance
has been pre-charged with the desired amount of refrigerant, has gone
through the entire manufacturing line so that all mechanical,
electrical, labeling and painting/marking procedures are complete, and
is ready to be packaged and shipped, and is a ``stand-alone'' piece of
equipment (i.e., it only needs to be plugged into an electrical outlet
and turned on to function properly), then EPA would consider the
appliance as ``manufactured.'' The situation differs, however, for
other appliances, such as commercial refrigeration and industrial
process refrigeration, involving more complex installation processes.
Such devices are field charged with refrigerant; the refrigerant loop
typically is completed onsite, and--particularly with industrial
process refrigeration--the parts are custom-built. EPA would consider
these field-charged appliances ``manufactured'' at the point
installation of all parts is completed and fully charged refrigerant
(whether or not the appliance had started operation). For some
appliances, such as condensing (outside) units for split-system air
conditioners, refrigerant charge is often included in the product
during the

manufacturing process but then is typically adjusted in the field to
account for different line sizes and indoor unit configurations. EPA
would consider the ``manufacture'' of this type of appliance similar to
that for field-charged equipment; that is, manufacture would not be
complete until the device is installed in the field, connected with the
indoor unit, and charged to the proper level.
    EPA does not interpret ``use'' to include destruction, recovery for
disposal, discharge consistent with all other regulatory requirements
or other similar actions where the substance is part of a disposal
chain. At the point disposal-related actions occur, other statutory and
regulatory provisions generally govern. For example, Congress addressed
the issue of disposal under section 608. EPA has promulgated
regulations to implement section 608 for appliances: These safe
disposal requirements are codified at 40 CFR part 82 subpart F. In some
instances, HCFCs may need to be introduced into interstate commerce in
order to reach an appropriate destruction facility. Consistent with its
interpretation of ``use,'' EPA is interpreting the interstate commerce
prohibition to exclude introduction into interstate commerce for the
purpose of destruction.
    As noted above, the current regulatory provisions already preclude
production or import of HCFC-22 and HCFC-142b in 2010 and beyond for
purposes that are not exempted at Sec.  82.16(c) consistent with
section 605(a).\9\ However, EPA is proposing through this action to
amend Sec.  82.15 to add prohibitions that specifically preclude any
person from introducing into interstate commerce or using (according to
the interpretations above) any HCFCs for purposes that are not
consistent with section 605. EPA believes that this is appropriate
because section 605(a) specifically bans use and introduction into
interstate commerce. In addition, under the current regulatory
structure the prohibitions apply to the producer or importer of the
HCFC compounds. The provisions EPA is proposing to add to the
regulations would apply to manufacturers of appliances and other HCFC
products, as well as anyone who services such products. EPA requests
comments on adding these prohibitions and on its interpretation of
section 605(a).
---------------------------------------------------------------------------

    \9\ As discussed earlier in this action, there is an additional
exception for production to meet the basic domestic needs of Article
5 countries, consistent with section 605(d).
---------------------------------------------------------------------------

    Finally, EPA is proposing revisions to its regulations on export
production allowances to ensure consistency with section 605(a). Export
production allowances allow an HCFC that is subject to a domestic
phaseout to be produced for export to Parties that continue to allow
imports of that substance (40 CFR 82.18(b)). Currently, entities that
hold baseline production allowances for HCFC-141b are allocated export
production allowances equal to 100 percent of their baseline production
allowances. EPA is proposing to sunset this provision on December 31,
2009, in order to avoid a conflict with the section 605(a) restrictions
on use and introduction into interstate commerce. Under the proposed
interstate commerce definition, ``introduction into interstate
commerce'' would include release of HCFCs by the domestic manufacturer
for distribution and transport prior to export. EPA is not proposing to
allocate export production allowances for any other HCFCs. EPA seeks
comment on the sunset of provisions for export production allowances.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866 (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action.'' Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under EO 12866 and any changes made in response to OMB
recommendations have been documented in the docket for this action.
    EPA did not conduct a specific analysis of the benefits and costs
associated with this NPRM. Many previous analyses provide a wealth of
information on the costs and benefits of the U.S. HCFC phaseout
including:
     The 1993 Addendum to the 1992 phaseout regulatory impact
analysis: Accelerating the phaseout of CFCs, halons, methyl chloroform,
carbon tetrachloride, and HCFCs.
     The 1999 Report Costs and Benefits of the HCFC Allowance
Allocation System.
     The 2000 Memorandum Cost/Benefit comparison of the HCFC
Allowance Allocation System.
     The 2005 Memorandum Recommended scenarios for HCFC
phaseout costs estimation.
     The 2006 ICR Reporting and Recordkeeping Requirements of
the HCFC Allowance System.
     The 2007 Memorandum Preliminary estimates of the
incremental cost of the HCFC phaseout in Article 5 countries.
     The 2007 Memorandum Revised Ozone and Climate Benefits
Associated with the 2010 HCFC Production and Consumption Stepwise
Reductions and a Ban on HCFC Pre-charged Imports.

Copies of these documents and a summary memorandum is available in the
docket.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
EPA already requires recordkeeping and reporting requirements and
through this action is not proposing to amend those provisions.
However, the Office of Management and Budget (OMB) has previously
approved the information collection requirements contained in the
existing regulations at 40 CFR part 82 subpart A under the provisions
of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned
OMB control number 2060-0498. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act (RFA)

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of this proposal on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    This proposal will affect the following categories:

----------------------------------------------------------------------------------------------------------------
                  Category                    NAICS code     SIC code         Examples of regulated entities
----------------------------------------------------------------------------------------------------------------
Chlorofluorocarbon gas manufacturing.......        325120          2869  Chlorodifluoromethane manufacturers;
                                                                          Dichlorofluoroethane manufacturers;
                                                                          Chlorodifluoroethane manufacturers.
Chlorofluorocarbon gas importers...........        325120          2869  Chlorodifluoromethane importers;
                                                                          Dichlorofluoroethane importers;
                                                                          Chlorodifluoroethane importers.
Chlorofluorocarbon gas exporters...........        325120          2869  Chlorodifluoromethane exporters;
                                                                          Dichlorofluoroethane exporters;
                                                                          Chlorodifluoroethane exporters.
Manufacturers of air conditioners and              333415  ............  Air-Conditioning Equipment and
 refrigerators.                                                           Commercial and Industrial
                                                                          Refrigeration Equipment Manufacturing.
Importers of air conditioners and                  333415          3585  Air-Conditioning Equipment and
 refrigerators.                                                           Commercial and Industrial
                                                                          Refrigeration Equipment Manufacturing.
----------------------------------------------------------------------------------------------------------------

    After considering the economic impacts of the proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. EPA is not
proposing to change the methodology for the 2010-2014 control periods.
Instead, EPA is continuing to allocate production and consumption
allowances using the same approach currently used for control periods
2003-2009. Thus the 13 small businesses eligible for allowances for
HCFC-22 and HCFC-142b identified in that rulemaking (68 FR 2845) are
still eligible for allowances under this rule. In addition, small
businesses eligible for HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb
using the same methodology, will also be eligible for allowances. EPA
is not proposing any changes to the recordkeeping or reporting
provisions and thus will not have any impact on the burden to these
businesses.
    While EPA does not believe this proposal will have a significant
economic impact on a substantial number of small entities, nonetheless,
EPA continues to try to reduce further any impacts on small entities.
With respect to the allowance allocation system as a whole, EPA is
proposing to continue to provide flexibility. Consistent with the
methodology for establishing baselines for HCFC-141b, HCFC-22, and
HCFC-142b, while small entities will be on the same footing as larger
entities, EPA is again is proposing to use the highest year of
consumption. EPA is also to limit consideration of company-specific
baseline adjustments to reflect permanent inter-company or inter-
pollutant transfers made prior to June 16, 2008 as discussed elsewhere
in the preamble to avoiding skewing baselines to entities with ample
resources or access to information. EPA also believes that the ability
to transfer allowances among entities provides the greatest flexibility
for small entities to manage their allocation. As noted in the 2003
allocation (68 FR 2846), unlike with the class I substances, there is
no restriction to limit inter-pollutant transfers to groups of
substances. Both inter-pollutant and inter-company transfers of
allowances are possible, either on a calendar-year or permanent basis.
A small entity can opt for short-term or long-term decisions concerning
the allowances it holds after evaluating its place in the overall
market. 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.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
The requirements already established at 40 CFR part 82 subpart A
already govern the production, import, and export of ODS. The
regulatory changes for the next major milestone in the general phaseout
continue to implement the same general framework previously
established. EPA does not anticipate that this proposed rulemaking will
have any significant direct impacts or State, local and tribal
governments or private sector entities. Thus, this rule is not subject
to the requirements of sections 202 or 205 of UMRA.
    This rule 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 proposed rule
would apportion production and consumption allowances and establish
baselines for private entities, not small governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Today's proposal is expected to
primarily affect producers, importers, and exporters of HCFCs. Thus,
the requirements of section 6 of the Executive Order do not apply. 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 comment on this proposed rule from State and
local officials.

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

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This proposed rule does not
have tribal implications, as specified in Executive Order 13175. This
proposal does not significantly or uniquely affect the communities of
Indian tribal governments. It does not impose any enforceable duties on
communities of Indian tribal governments. Thus, Executive Order 13175
does not apply to this proposed rule.

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

    This action is not subject to EO 13045 (62 F.R. 19885, April 23,
1997) because it is not economically significant as

defined in EO 12866. The Agency nonetheless has reason to believe that
the environmental health or safety risk addressed by this action may
have a disproportionate effect on children. Depletion of stratospheric
ozone results in greater transmission of the sun's ultraviolet (UV)
radiation to the earth's surface. The following studies describe the
effects of excessive exposure to UV radiation on children: (1)
Westerdahl J, Olsson H, Ingvar C. ``At what age do sunburn episodes
play a crucial role for the development of malignant melanoma,'' Eur J
Cancer 1994: 30A: 1647-54; (2) Elwood JM, Japson J. ``Melanoma and sun
exposure: an overview of published studies,'' Int J Cancer 1997;
73:198-203; (3) Armstrong BK, ``Melanoma: childhood or lifelong sun
exposure,'' In: Grobb JJ, Stern RS Mackie RM, Weinstock WA, eds.
``Epidemiology, causes and prevention of skin diseases,'' 1st ed.
London, England: Blackwell Science, 1997: 63-6; (4) Whieman D., Green
A. ``Melanoma and Sunburn,'' Cancer Causes Control, 1994: 5:564-72; (5)
Heenan, PJ. ``Does intermittent sun exposure cause basal cell
carcinoma? A case control study in Western Australia,'' Int J Cancer
1995; 60: 489-94; (6) Gallagher, RP, Hill, GB, Bajdik, CD, et al.
``Sunlight exposure, pigmentary factors, and risk of nonmelanocytic
skin cancer I, Basal cell carcinoma.'' Arch Dermatol 1995; 131: 157-63;
(7) Armstrong, DK. ``How sun exposure causes skin cancer: an
epidemiological perspective,'' Prevention of Skin Cancer. 2004. 89-116.
The public is invited to submit or identify peer-reviewed studies and
data, of which EPA may not be aware, that assess results of early-life
exposure to UV radiation.
    This action proposes to reduce the potential continued use of Class
II controlled substances and the emissions of such substances. It
implements the United States commitment to reduce the total basket of
HCFCs produced and imported to a level that is 75 percent below the
respective baselines. While on an ODP-weighted basis, this is not as
large a step as previous actions, such as the 1996 Class I phaseout, it
is one of the most significant remaining actions the United States can
take to complete the overall phaseout of ODS and further decrease
impacts on children's health from stratospheric ozone depletion. EPA
requests comments regarding the impacts of this proposal on the
continued efforts to protect children's health.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (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. The proposed
regulation predominately impacts HCFC production, imports, exports, and
trades. The Agency has concluded that this rule is not likely to have
any adverse energy effects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and 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 rulemaking does not involve technical standards. Therefore,
EPA is not considering the use of any voluntary consensus standards.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this 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 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. By allocating allowances for HCFCs and thus
restricting the amount of HCFCs available as of January 1, 2010, this
rule avoids emissions of these ozone-depleting substances, lessening
the adverse human health effects for the entire population.

List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Chlorofluorocarbons, Exports,
Hydrochlorofluorocarbons, Imports, Reporting and recordkeeping
requirements.

    Dated: December 11, 2008.
Stephen L. Johnson,
Administrator.

    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, 7671-7671(q).

Subpart A--Production and Consumption Controls

    2. Amend Sec.  82.3 by adding in alphabetical order the definition
of ``Interstate Commerce'' to read as follows:

Sec.  82.3  Definitions for Class I and Class II Controlled Substances.

* * * * *
    Interstate Commerce means the distribution or transportation of any
controlled substance 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 controlled
substance in more than one state, territory, possession or District of
Columbia. The entry points for which a controlled substance is
introduced into interstate commerce are the release of a controlled
substance from the facility in which the controlled substance was
manufactured, the entry into a warehouse from which the domestic
manufacturer releases the controlled substance for sale or
distribution, and at the site of United States customs clearance.
* * * * *

    3. Amend Sec.  82.15 by revising paragraph (c) and adding paragraph
(g) to read as follows:

Sec.  82.15  Prohibitions for Class II Controlled Substances.

* * * * *
    (c) Production with Article 5 allowances. No person may introduce
into U.S. interstate commerce any class II controlled substance
produced with Article 5 allowances, except for export to an Article 5
Party as listed in Appendix E of this subpart. Every kilogram of a
class II controlled substance produced with Article 5 allowances that
is introduced into interstate commerce other than for export to an
Article 5 Party constitutes a separate violation under this subpart. No
person may export any class II controlled substance produced with
Article 5 allowances to a non-Article 5 Party. Every kilogram of a
class II controlled substance that was produced with Article 5
allowances that is exported to a non-Article 5 Party constitutes a
separate violation under this subpart.
* * * * *
    (g) Introduction into interstate commerce or use. (1) Effective
January 1, 2010, no person may introduce into interstate commerce or
use HCFC-141b (unless used, recovered, and recycled) for any purpose
except for use in a process resulting in its transformation or its
destruction; for export to Article 5 Parties under Sec.  82.18(a); for
HCFC-141b exemption needs; as a transshipment or heel; or for
exemptions permitted in Sec.  82.15(f).
    (2) Effective January 1, 2010, no person may introduce into
interstate commerce or use HCFC-22 or HCFC-142b (unless used,
recovered, and recycled) for any purpose other than for use in a
process resulting in its transformation or its destruction, for use as
a refrigerant in equipment manufactured before January 1, 2010; for
export to Article 5 Parties under Sec.  82.18(a); as a transshipment or
heel; or for exemptions permitted in Sec.  82.15(f).
    (3) Effective January 1, 2015, no person may introduce into
interstate commerce or use HCFC-141b (unless used, recovered, and
recycled) for any purpose other than for use in a process resulting in
its transformation or its destruction; for export to Article 5 Parties
under Sec.  82.18(a), as a transshipment or heel; or for exemptions
permitted in Sec.  82.15(f).
    (4) Effective January 1, 2015, no person may introduce into
interstate commerce or use any class II controlled substance not
governed by paragraphs (g)(1) through (3) of this section (unless used,
recovered, and recycled) for any purpose other than for use in a
process resulting in its transformation or its destruction; for use as
a refrigerant in equipment manufactured before January 1, 2020; for
export to Article 5 Parties under Sec.  82.18(a); as a transshipment or
heel; or for exemptions permitted in Sec.  82.15(f).
    (5) Effective January 1, 2030, no person may introduce into
interstate commerce or use any class II controlled substance (unless
used, recovered, and recycled) for any purpose other than for use in a
process resulting in its transformation or its destruction; for export
to Article 5 Parties under Sec.  82.18(a); as a transshipment or heel;
or for exemptions permitted in Sec.  82.15(f).
    (6) Effective January 1, 2040, no person may introduce into
interstate commerce or use any class II controlled substance (unless
used, recovered, and recycled) for any purpose other than for use in a
process resulting in its transformation or its destruction, as a
transshipment or heel, or for exemptions permitted in Sec.  82.15(f).
    4. Revise Sec.  82.16(a) to read as follows:

Sec.  82.16  Phaseout Schedule of Class II Controlled Substances.

    (a) In each control period as indicated in the following table,
each person is granted the specified percentage of baseline production
allowances and baseline consumption allowances for the specified Class
II controlled substances apportioned under Sec. Sec.  82.17 and 82.19:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                       Control period                         HCFC-141b      HCFC-22      HCFC-142b     HCFC-123     HCFC-124    HCFC-225ca   HCFC-225cb
--------------------------------------------------------------------------------------------------------------------------------------------------------
2003.......................................................            0         100           100    ...........  ...........  ...........  ...........
2004.......................................................            0         100           100    ...........  ...........  ...........  ...........
2005.......................................................            0         100           100    ...........  ...........  ...........  ...........
2006.......................................................            0         100           100    ...........  ...........  ...........  ...........
2007.......................................................            0         100           100    ...........  ...........  ...........  ...........
2008.......................................................            0         100           100    ...........  ...........  ...........  ...........
2009.......................................................            0         100           100    ...........  ...........  ...........  ...........
2010.......................................................            0          35.2           4.9          125          125          125          125
2011.......................................................            0          35.2           4.9          125          125          125          125
2012.......................................................            0          35.2           4.9          125          125          125          125
2013.......................................................            0          35.2           4.9          125          125          125          125
2014.......................................................            0          35.2           4.9          125          125          125          125
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *
    5. Revise Sec.  82.17 to read as follows:

Sec.  82.17  Apportionment of Baseline Production Allowances for Class
II Controlled Substances.

    Effective January 1, 2010, the following persons are apportioned
baseline production allowances for HCFC-22, HCFC-141b, HCFC-142b, HCFC-
123, HCFC-124, HCFC-225ca, and HCFC-225cb, as set forth in the
following table:

------------------------------------------------------------------------
                                                            Allowances
              Person                Controlled substance       (kg.)
------------------------------------------------------------------------
AGC Chemicals Americas............  HCFC-225ca..........         266,608
                                    HCFC-225cb..........         373,952
Arkema............................  HCFC-22.............      46,692,336
                                    HCFC-141b...........      24,647,925
                                    HCFC-142b...........         484,369
DuPont............................  HCFC-22.............      42,638,049
                                    HCFC-124............       2,269,210

Honeywell.........................  HCFC-22.............      37,378,252
                                    HCFC-141b...........      28,705,200
                                    HCFC-142b...........       2,417,534
                                    HCFC-124............       1,804,121
MDA Manufacturing.................  HCFC-22.............       2,383,835
Solvay Solexis....................  HCFC-142b...........       6,541,764
------------------------------------------------------------------------

    6. Revise Sec.  82.18(a) and (b) to read as follows:

Sec.  82.18  Availability of Production in Addition to Baseline
Production Allowances for Class II Controlled Substances.

    (a) Article 5 allowances.
    (1) Effective January 1, 2003, a person apportioned baseline
production allowances for HCFC-141b, HCFC-22, or HCFC-142b under Sec.
82.17 is also apportioned Article 5 allowances, equal to 15 percent of
their baseline production allowances, for the specified HCFC for each
control period up until December 31, 2009, to be used for the
production of the specified HCFC for export only to foreign states
listed in Appendix E to this subpart.
    (2) Effective January 1, 2010, a person apportioned baseline
production allowances under Sec.  82.17 for HCFC-141b, HCFC-22, or
HCFC-142b is also apportioned Article 5 allowances, equal to 10 percent
of their baseline production allowances, for the specified HCFC for
each control period up until December 31, 2019, to be used for the
production of the specified HCFC for export only to foreign states
listed in Appendix E to this subpart.
    (3) Effective January 1, 2015, a person apportioned baseline
production allowances under Sec.  82.17 for HCFC-123, HCFC-124, HCFC-
225ca, and HCFC-225cb is also apportioned Article 5 allowances, equal
to 10 percent of their baseline production allowances, for the
specified HCFC for each control period up until December 31, 2019, to
be used for the production of the specified HCFC for export only to
foreign states listed in Appendix E to this subpart.
    (b) Export Production Allowances.
    (1) Effective January 1, 2003, a person apportioned baseline
production allowances for HCFC-141b under Sec.  82.17 is also
apportioned export production allowances, equal to 100 percent of their
baseline production allowances, for HCFC-141b for each control period
up until December 31, 2009 to be used for the production of HCFC-141b
for export only, in accordance with this section.
    (2) [Reserved]
* * * * *
    7. Revise Sec.  82.19 to read as follows:

Sec.  82.19  Apportionment of Baseline Consumption Allowances for Class
II Controlled Substances.

    (a) Effective January 1, 2010, the following persons are
apportioned baseline consumption allowances for HCFC-22, HCFC-141b,
HCFC-142b, HCFC-123, HCFC-124, HCFC-225ca, and HCFC-225cb, as set forth
in the following table:

------------------------------------------------------------------------
                                                            Allocation
              Person                Controlled substance       (kg)
------------------------------------------------------------------------
ABCO Refrigeration Supply.........  HCFC-22.............         279,366
AGC Chemicals Americas............  HCFC-225ca..........         285,328
                                    HCFC-225cb..........         286,832
Altair Partners...................  HCFC-22.............         302,011
                                    HCFC-22.............      48,637,642
Arkema............................  HCFC-141b...........      25,405,570
                                    HCFC-142b...........         483,827
                                    HCFC-124............           3,719
Automatic Equipment Sales.........  HCFC-22.............          54,088
Condor Products...................  HCFC-22.............          74,843
                                    HCFC-124............           3,746
Continental Industrial Group......  HCFC-141b...........          20,315
Coolgas, Inc......................  HCFC-141b...........      16,097,869
                                    HCFC-123............          20,000
Coolgas Investment Property.......  HCFC-22.............         590,737
Discount Refrigerants.............  HCFC-22.............         375,328
                                    HCFC-141b...........             994
Dupont............................  HCFC-22.............      38,814,862
                                    HCFC-141b...........           9,049
                                    HCFC-142b...........          52,797
                                    HCFC-123............       2,933,906
                                    HCFC-124............         743,312
Full Circle.......................  HCFC-22.............          14,865
H.G. Refrigeration Supply.........  HCFC-22.............          40,068
Honeywell.........................  HCFC-22.............      35,392,492
                                    HCFC-141b...........      20,749,489
                                    HCFC-142b...........       1,315,819
                                    HCFC-124............       1,284,265
ICC Chemical Corp.................  HCFC-141b...........          81,225
ICOR..............................  HCFC-124............          81,220
Ineos Fluor Americas..............  HCFC-22.............       2,546,305
Kivlan & Company..................  HCFC-22.............       2,081,018
MDA Manufacturing.................  HCFC-22.............       2,541,545
Mondy Global......................  HCFC-22.............         281,824
National Refrigerants.............  HCFC-22.............       5,528,316
                                    HCFC-123............          72,600

                                    HCFC-124............          50,380
Refricenter of Miami..............  HCFC-22.............         381,293
Refricentro.......................  HCFC-22.............          45,979
R-Lines...........................  HCFC-22.............          63,172
Saez Distributors.................  HCFC-22.............          37,936
Solvay Fluorides..................  HCFC-22.............       3,781,691
                                    HCFC-141b...........       3,940,115
Solvay Solexis....................  HCFC-142b...........         194,536
Tulstar Products..................  HCFC-141b...........          89,913
                                    HCFC-123............          34,800
                                    HCFC-124............         229,582
------------------------------------------------------------------------

    (b) [Reserved]

[FR Doc. E8-29965 Filed 12-22-08; 8:45 am]

BILLING CODE 6560-50-P