[Federal Register Volume 87, Number 8 (Wednesday, January 12, 2022)]
[Notices]
[Pages 1832-1833]
[FR Doc No: 2022-00370]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2020-0031]

Agency Information Collection Activities; Notice and Request for
Comment; Motorcycle Helmets (Labeling)

AGENCY: National Highway Traffic Safety Administration (NHTSA),
Department of Transportation (DOT).

ACTION: Notice and request for comments on a reinstatement of a
previously approved collection of information.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 (PRA),
this notice announces that the Information Collection Request (ICR)
summarized below is being submitted to the Office of Management and
Budget (OMB) for review and approval. The ICR for motorcycle helmet
labeling describes the nature of the information collection and its
expected burden. A Federal Register Notice with a 60-day comment period
soliciting comments on the following information collection was
published on May 12, 2021.

DATES: Comments must be submitted on or before February 11, 2022.

ADDRESSES: Written comments and recommendations for the proposed
information collection, including suggestions for reducing burden,
should be submitted to the Office of Management and Budget at
www.reginfo.gov/public/do/PRAMain. To find this particular information
collection, select ``Currently under Review--Open for Public Comment''
or use the search function.

FOR FURTHER INFORMATION CONTACT: For additional information or access
to background documents, contact Ms. Cristina Echemendia, U.S.
Department of Transportation, NHTSA, 1200 New Jersey Avenue SE, West
Building Room W43-447, NRM-130, Washington, DC 20590. Ms. Cristina
Echemendia's telephone number is<PHONE_NUMBER> and fax number is 202-
366-7002. Please identify the relevant collection of information by
referring to its OMB Control Number.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501 et seq.), a
Federal agency must receive approval from the Office of Management and
Budget (OMB) before it collects certain information from the public,
and a person is not required to respond to a collection of information
by a Federal agency unless the collection displays a valid OMB control
number. In compliance with those requirements, this notice announces
that the following information collection request is being submitted to
OMB.
    Title: Motorcycle Helmets (Labeling).
    OMB Control Number: 2127-0518.
    Form Number: N/A.
    Type of Request: Reinstatement of previously approved collection of
information.
    Type of Review Requested: Regular.
    Length of Approval Requested: Three years.

Summary of the Collection of Information

    The National Traffic and Motor Vehicle Safety Act, at 49 U.S.C.
30111, authorizes the Secretary of Transportation (NHTSA by delegation)
to issue Federal Motor Vehicle Safety Standards (FMVSS) that set
performance standards for motor vehicles and items of motor vehicle
equipment. Vehicle and equipment manufacturers must certify that their
vehicles and equipment comply with the safety standards. Moreover,
under 49 U.S.C. 30117, the Secretary (NHTSA by delegation) is also
authorized to require manufacturers to provide information to first
purchasers of motor vehicles or motor vehicle equipment when the
vehicle equipment is purchased, in the form of printed matter placed in
the vehicle or attached to the motor vehicle or motor vehicle
equipment.
    Using this authority, NHTSA issued the initial FMVSS No. 218 in
1974. Motorcycle helmets are devices used to protect motorcyclists from
head injury in motor vehicle crashes. Manufacturers must label every
helmet produced to indicate that the helmet is in compliance with the
requirements of the standard. The certification label consists of the
symbol ``DOT,'' the term ``FMVSS No. 218,'' the word ``CERTIFIED,'' the

precise model designation, and the manufacturer's name and/or brand on
the outer shell of the helmet towards the posterior bottom edge.
Manufacturers are also required to label every helmet to provide helmet
owners with important safety information including manufacturer's name,
discrete size, month and year of manufacture, and specific instructions
to the purchaser. FMVSS No. 218 S5.6 requires that each helmet shall be
labeled permanently and legibly in a manner such that the label(s) can
be read easily without removing padding or any other permanent part.

Description of the Need for the Information and Proposed Use of the
Information

    The labeling requirement in the standard supports the Department of
Transportation's strategic goal in safety. NHTSA uses this information
for enforcement purposes to ensure that manufacturers certify
compliance with the Standard. State and local law enforcement use this
information to enforce helmet-use laws, and consumers use the
information to make decisions when purchasing motorcycle helmets.

60-Day Notice

    A Federal Register notice with a 60-day comment period soliciting
public comments on the following information collection was published
on May 12, 2021(86 FR 26136). The closing date for comments was July
12, 2021. The agency received no comments.
    Affected Public: Motorcycle helmet manufacturers.
    Estimated Number of Respondents: 45.
    Frequency: On occasion.
    Number of Responses: 3,250,000.
    Estimated Total Annual Burden Hours: 9,100.
    Estimated Total Annual Burden Cost: $1,137,500.
    The 45 respondents (helmet manufacturers) produce a total of
3,250,000 annual responses (3,250,000 motorcycle helmets are
manufactured annually). A manufacturer spends approximately 10 seconds
per response for labeling. The estimated total annual burden hours for
helmet manufacturers to label motorcycle helmets as required in FMVSS
No. 218 is 9,100 burden hours (3,250,000 x 10 seconds, rounded).
    Estimated Total Annual Burden Cost: $1,137,500.
    NHTSA estimates that the printing and material cost per helmet is
$0.35. Therefore, the estimated total annual burden cost is $1,137,500
(3,250,000 helmets produced per year x $0.35). The total estimated
annual burden costs are detailed in the table below:

----------------------------------------------------------------------------------------------------------------
                                   Number of                     Annual printing   Total number      Estimated
Number of respondents (helmet  helmets produced   Printing and     and material     of helmets     total annual
        manufacturers)           annually per     material cost      cost per        produced      printing and
                                  respondent       per helmet      manufacturer      annually     material costs
----------------------------------------------------------------------------------------------------------------
45...........................  72,000 (Rounded)           $0.35  $25,200.00            3,250,000      $1,137,500
                                                                  (Rounded).
----------------------------------------------------------------------------------------------------------------

    Public Comments Invited: You are asked to comment on any aspects of
this information collection, including: (a) Whether the proposed
collection of information is necessary for the proper performance of
the functions of the agency, including whether the information will
have practical utility; (b) the accuracy of the agency's estimate of
the burden of the proposed information collection, including the
validity of the methodology and assumptions used; (c) ways to enhance
the quality, utility and clarity of the information to be collected;
and (d) ways to minimize the burden of the collection of information on
respondents, including the use of automated, electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
    Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. Chapter
35, as amended; Delegation of Authority at 49 CFR 1.95, and DOT Order
1351.29.

Raymond R. Posten,
Associate Administrator for Rulemaking.
[FR Doc. 2022-00370 Filed 1-11-22; 8:45 am]
BILLING CODE 4910-59-P


[Federal Register Volume 88, Number 163 (Thursday, August 24, 2023)]
[Notices]
[Pages 58060-58061]
[FR Doc No: 2023-18239]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0172]

Agency Information Collection Activities; New Information
Collection: Impact of Driver Detention Time on Safety and Operations

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FMCSA
announces its plan to submit the Information Collection Request (ICR)
described below to the Office of Management and Budget (OMB) for its
review and approval and invites public comment. This notice invites
comments on a proposed information collection titled Impact of Driver
Detention Time on Safety and Operations. This research study will
collect data on commercial motor vehicle (CMV) driver detention time
representative of the major segments of the motor carrier industry,
analyze that data to determine the frequency and severity of detention
time, and assess the utility of existing intelligent transportation
systems (ITS) solutions to measure detention time. Approximately 80
carriers and 2,500 CMV drivers will provide data in the study. The
study will provide a better understanding of the impact of driver
detention time on driver safety and CMV operations and inform
strategies that may be used to mitigate driver detention time.

DATES: Comments on this notice must be received on or before October
23, 2023.

ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2023-0172 using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments.
     Mail: Dockets Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building, Ground Floor,
Washington, DC 20590-0001.
     Hand Delivery or Courier: Dockets Operations, U.S.
Department of Transportation, 1200 New Jersey Avenue SE, West Building,
Ground Floor, Washington, DC, 20590-0001 between 9 a.m. and 5 p.m. ET,
Monday through Friday, except Federal holidays. To be sure someone is
there to help you, please call<PHONE_NUMBER> or<PHONE_NUMBER> before
visiting Dockets Operations.
     Fax: 1-202-493-2251.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.

FOR FURTHER INFORMATION CONTACT: Dan Britton, Office of Research and
Registration, DOT, FMCSA, West Building 6th Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001;<PHONE_NUMBER>;
[email protected].

SUPPLEMENTARY INFORMATION:

Instructions

    All submissions must include the Agency name and docket number. For
detailed instructions on submitting comments, see the Public
Participation heading below. Note that all comments received will be
posted without change to https://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading
below.

Public Participation and Request for Comments

    If you submit a comment, please include the docket number for this
notice (FMCSA-2023-0172), indicate the specific section of this
document to which your comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so FMCSA can contact you if there are questions regarding your
submission. If you want us to notify you that we received your
comments, please include a self-addressed, stamped envelope or
postcard, or print the acknowledgement page that appears after
submitting comments online.
    To submit your comment online, go to https://www.regulations.gov/docket/FMCSA-2023-0172/document, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing.
    Comments received after the comment closing date will be included
in the docket and will be considered to the extent practicable.

Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its decision making. DOT posts these comments,
without edit, including any personal information the commenter
provides, to www.regulations.gov, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy.

Background

    ``Detention time'' refers to the extra time commercial motor
vehicle (CMV) operators wait at shipping and receiving facilities due
to delays associated with the loading and unloading of cargo. Drivers
are often not paid for this extra time. Although there is currently no
standard definition of detention time, the CMV industry, the U.S.
Government, and academic detention research in the United States have
typically used dwell time--the total amount of time spent at a
facility--exceeding 2 hours to define when detention time occurs.
    Detention time in the CMV industry is a longstanding issue and
consistently ranks as one of the top problems for a large portion of
CMV operators on an ongoing basis. Further, detention time often
results in lost revenue for many drivers and carriers. Reducing
detention time may reduce costs for carriers, increase pay for drivers,
and improve CMV drivers' ability to make deliveries on time or arrive
at a destination as planned without violating hours of service (HOS)
requirements. Finally, drivers who experience less detention time may
be more likely to drive safely to reach their destinations within the
HOS limits and less likely to operate beyond HOS limits and improperly
log their driving and duty time to make deliveries on time.
    An important first step in addressing detention time is
understanding the factors that contribute to the issue. FMCSA completed
a study in 2014 on the impact of detention time on CMV safety. Although
this study provided valuable initial insights, it had several
limitations, including a small sample of mostly large carriers, a
rudimentary estimation of detention time, the inability to identify
time spent loading/unloading, and data that did not cover an entire 12-
month period. Therefore, FMCSA needs additional data from a broader
sample of carriers to understand the safety and operational impact of
detention time, to better understand why detention time occurs, and to
identify potential mitigation strategies the CMV industry may use to
reduce

detention time while improving operational efficiencies and safety.
    The purpose for obtaining data in this study is to evaluate the
impact of driver detention time on safety and CMV operations.
Specifically, there are three primary objectives for the data
collection in this study: (i) assess the frequency and severity of
driver detention time using data that represent the major segments of
the motor carrier industry; (ii) assess the utility of existing ITS
solutions to measure detention time; and (iii) prepare a final report
that summarizes the findings, answers the research questions, and
offers strategies to reduce detention time. Completing these research
objectives will provide insight into any relationship between driver
detention time and CMV safety. Additionally, the findings from this
study can contribute to a more complete understanding of these issues
and facilitate private sector decisions that lead to reductions in
detention time and improvements in safety and supply chain efficiency.
    The study includes data collection via electronic logging devices
(ELDs), transportation management systems (TMS), vehicle telematic
systems, safety records, and answers to questions delivered through the
carriers' dispatching systems. The TMS, ELD, telematics, and safety
data are already collected by carriers. The only additional data that
will be collected will be the answers to questions submitted through
the carriers' dispatching systems. This information will allow FMCSA to
identify the severity and frequency of detention time, the factors that
contribute to detention time, and the administrative, operational, and
safety outcomes of detention time. After agreeing to participate in the
study, carriers will collect and provide 12 months of data.
    The carriers will be selected so that the sample is representative
of the nation. Carriers will primarily be selected from the
approximately 3,000 SpeedGauge clients in the Driven Data
Clearinghouse, which is maintained by SpeedGauge and combines vehicle,
telematics, ELD, and vehicle claims data. However, the study may
include other carriers that express interest in participating. The
final sample from this source will include up to 80 carriers with up to
2,500 total vehicles. This sample will include a variety of carrier
operations, including long haul/short haul, private/company fleets and
for-hire fleets, port servicing (primarily chassis), owner-operators,
hourly and mileage-based operators, truckload/less-than-truckload, and
dedicated local delivery. These carriers will range in size from
single-vehicle owner-operators to carriers with hundreds of trucks,
with a likely average fleet size of 31 vehicles. Multiple analyses will
be performed, including assessing the relationships between detention
time and characteristics of carriers, facility locations, and driver
schedules (appointment times, time of day, day of week, month, and
season). Measures of detention time will include the number of detained
stops per shift and the duration of each detention. Regression models
will be used to compare these variables for significant differences in
associated detention time.
    Another analysis will examine the relationship between detention
time and safety outcomes during the shifts following the detention
time. The relationships between detention time and safety outcomes will
be evaluated by generalized linear models such as Poisson or negative
binomial regression models. The independent variables will be the
characteristics of detention time, such as detention time per shift.
The response variable will be the number of safety outcomes (e.g.,
crashes) that occurred during the subsequent shift. The driving time
will be treated as an exposure variable to normalize crash risk with
respect to driving time.
    Finally, the study will estimate the cost per year associated with
detention time, including lost productivity, disruptions to the supply
chain, and any increases in fatal, injury, and property-damage-only
crashes.
    Title: Impact of Driver Detention Time on Safety and Operations.
    OMB Control Number: 2126-00XX.
    Type of Request: New ICR.
    Respondents: CMV carriers and drivers.
    Estimated Number of Respondents: 80 carriers and 2,500 CMV drivers.
    Estimated Time per Response: 30 seconds (for drivers and the
operation team).
    Expiration Date: This is a new ICR.
    Frequency of Response: Once per delivery/pick-up.
    Estimated Total Annual Burden: 8,112.50 hours.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including: (1) whether the proposed
collection is necessary for the performance of FMCSA's functions; (2)
the accuracy of the estimated burden; (3) ways for FMCSA to enhance the
quality, usefulness, and clarity of the collected information; and (4)
ways that the burden could be minimized without reducing the quality of
the collected information. The Agency will summarize or include your
comments in the request for OMB's clearance of this ICR.

    Issued under the authority of 49 CFR 1.87.
Thomas P. Keane,
Associate Administrator, Office of Research and Registration.
[FR Doc. 2023-18239 Filed 8-23-23; 8:45 am]
BILLING CODE 4910-EX-P


703 442 8850 800 781 4443 fax 703 790 0845 Web site www. usapple. org 8233 Old Courthouse Road, Suite 200

Vienna, VA 22182 3816 USA December 19, 2005 Ms. Debra Edwards Office of Pesticide Programs Registration Division ( 7508C) 1200 Pennsylvania Ave., N. W. Washington, D. C. 20460 Re: EPA HQ OPP 2005 0061; Azinphos methyl Ecological Risk Assessment, Grower Impact Assessments; Notice of Availability Dear Ms. Edwards:

The U. S. Apple Association ( USApple) is the national trade association representing all segments of the apple industry. Members include 36 state apple associations representing 7,500 apple growers throughout the country, as well as over 300 individual firms involved in the apple business. We are contacting you to request additional time to evaluate the azinphos methyl risk assessment and to develop information related to the need for azinphos methyl in the apple industry.

USApple is asking the U. S. Environmental Protection Agency ( EPA) to extend the deadline for comments on the azinphos methyl ecological risk assessment and benefits assessment to March 31. Azinphos methyl is one of the most important and widely used crop protection tools in the apple industry. The issues regarding the use of azinphos methyl are complex and will require significant consultation with our state and regional partners. That process is time consuming.

USApple has participated in various segments of the azinphos methyl review process and provided significant information regarding the use of azinphos methyl, which has been helpful in the evaluation of this product. We would like to continue our participation in the review process. However, we are concerned that the sixty day comment period established by the agency will not provide sufficient time for the apple industry to develop important information that could impact agency decisions regarding the use of azinphos methyl on apples. Additionally, the holiday season will also serve to shorten the available time for comment.

We appreciate your willingness to consider this request, especially considering the importance of azinphos methyl to our nation's apple growers.

Please contact me by telephone at ( 703) 442 8850 or via e mail at jcranney@ usapple. org if you have questions or need additional information.

Sincerely yours,

James R. Cranney, Jr. Vice President


[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Proposed Rules]
[Pages 21579-21580]
[FR Doc No: 2023-06334]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 84

[EPA-HQ-OAR-2021-0289; FRL-10805-01-OAR]

Notification of Determination: Petitions Denied Under Subsection
(i) of the American Innovation and Manufacturing Act of 2020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Petition denials.

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SUMMARY: The purpose of this notification is to alert the public to and
provide explanation of the Environmental Protection Agency's (EPA)
decisions to deny two petitions submitted under the American Innovation
and Manufacturing Act of 2020. The first petition requests that the
Environmental Protection Agency provide an exemption for the use of
certain regulated substances in pain relief sprays and the second
petition requests that the Agency subject gas canisters of certain
regulated substances to import restrictions established under the HFC
Allocation Framework Rule. These petitions were submitted to the Agency
pursuant to its authority under the Act to promulgate rules that
restrict, fully, partially, or on a graduated schedule, the use of a
regulated substance in the sector or subsector in which the regulated
substance is used.

DATES: EPA denied the two petitions referenced in this notification via
letters signed on March 21, 2023. Any petitions for review of the final
letters denying the petitions for rulemaking must be filed in the Court
of Appeals for the appropriate circuit on or before June 12, 2023.

FOR FURTHER INFORMATION CONTACT: Allison Cain, Stratospheric Protection
Division, Office of Atmospheric Programs (6205A), Environmental
Protection Agency, telephone number:<PHONE_NUMBER>; email address:
[email protected]. You may also visit EPA's website at https://www.epa.gov/climate-hfcs-reduction for further information.

SUPPLEMENTARY INFORMATION:

I. Background

    Subsection (i) of the American Innovation and Manufacturing Act of
2020 (AIM Act or the Act),\1\ entitled ``Technology Transitions,''
provides that the Administrator may by rule restrict, fully, partially,
or on a graduated schedule, the use of a regulated substance in the
sector or subsector in which the regulated substance is used. Under
subsection (i)(3) a person may petition the Environmental Protection
Agency (EPA) to promulgate a rule for the restriction on the use of a
regulated substance \2\ in a sector or subsector, and the Act states
that the petition shall include a request that the Administrator
negotiate with stakeholders in accordance with subsection (i)(2)(A).
Once EPA receives a petition, the AIM Act directs the Agency to make
petitions publicly available within 30 days of receipt and to grant or
deny the petition within 180 days of receipt. If the EPA denies a
petition, the Agency shall publish in the Federal Register an
explanation of the denial.
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    \1\ The AIM Act was enacted as section 103 in Division S,
Innovation for the Environment, of the Consolidated Appropriations
Act, 2021 (Pub. L. 116-260), and is codified at 42 U.S.C. 7675.
    \2\ The Act provides that ``regulated substance'' refers to
those substances included in the list of regulated substances in
subsection (c)(1) of the Act and those substances that the
Administrator has designated as a regulated substance under
subsection (c)(3). Subsection (c)(1) lists 18 saturated
hydrofluorocarbons (HFCs), and by reference their isomers not so
listed, as regulated substances. This is the current list of
regulated substances, as no additional substances have been
designated as regulated substances under subsection (c)(3).
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II. Which petitions is EPA denying?

    The Agency received two petitions that were submitted under
subsection (i) of the AIM Act. The first petition requests that the
Environmental Protection Agency provide an exemption for the use of
certain regulated substances in pain relief sprays and the second
petition requests that the Agency subject gas canisters of certain
regulated substances to import restrictions established under the HFC
Allocation Framework Rule.\3\ These petitions were submitted by the
Gebauer Company (hereby, ``Gebauer'') on September 23, 2022, and A.V.W.
Inc (hereby, ``AVW'') on December 15, 2022, respectively. After
reviewing these petitions and considering, to the extent practicable in
light of the information provided in the submissions, the

``Factors for Determination'' in subsection (i)(4) of the AIM Act, EPA
denied the two petitions.\4\
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    \3\ Links to copies of these petitions and other petitions
received to date can be found in the table at https://www.epa.gov/climate-hfcs-reduction/petitions-under-aim-act. EPA has a docket
(Docket ID EPA-HQ-OAR-2021-0289), where all subsection (i) petitions
are posted, and where the public may submit information related to
those petitions.
    \4\ The letters denying the two petitions are available in the
docket for this action.
---------------------------------------------------------------------------

    The petition submitted by Gebauer sought an ``Acceptable Use
Exemption'' for HFC-245fa and HFC-134a for use as a ``pain relief
spray.'' The petition noted these HFCs are currently used by Gebauer to
formulate its FDA-cleared medical devices, which provide temporary pain
relief or pain prevention by cooling tissue surfaces. EPA explained in
its denial that after Gebauer's submitted its petition, the Agency
issued a proposed rule titled, ``Phasedown of Hydrofluorocarbons:
Restrictions on the Use of Certain Hydrofluorocarbons Under Subsection
(i) of the American Innovation and Manufacturing Act of 2020'' (87 FR
76738, December 15, 2022). This rule proposed restrictions on the use
of HFCs in aerosol products, among others, and specifically addressed
the need for an exemption for HFC use in ``pain relief sprays.''
Because EPA has already initiated a rulemaking that addresses the HFC
use covered in this petition, EPA denied the petition as moot. Granting
a petition initiates a rulemaking where the Agency will examine
restrictions on the use of HFCs covered by the petition. EPA is in the
process of assessing whether to allow for continued use of HFCs in
``pain relief sprays,'' factoring in, to the extent practicable, the
considerations provided in AIM Act subsection (i)(4), in the current
rulemaking. Initiating a new rulemaking on this question while the
current rulemaking is ongoing is therefore unnecessary. This denial
does not address the merits of the request submitted by Gebauer.\5\
---------------------------------------------------------------------------

    \5\ EPA notes the petition failed to satisfy the statutory
requirement to address negotiated rulemaking. See AIM Act subsection
(i)(3)(A).
---------------------------------------------------------------------------

    The petition submitted by AVW requested that EPA ``subject the
importation of small gas canisters containing 100% HFC-152a to the same
import regulations that govern bulk shipments of HFC-152a.'' As
explained in its denial, EPA already considered and decided the issue
of whether aerosol cans should be treated as bulk in the HFC Allocation
Framework Rule.\6\ Therefore, to the extent that this petition was a
request to alter how allowances are expended under that program, EPA
denied the petition on the basis that the request was not properly made
under subsection (i) of the AIM Act. Subsection (i) authorizes the EPA
to promulgate restrictions specific to uses of HFCs in particular
sectors and subsectors. The AVW petition referenced ``packaged
dusters'' as one use for EPA to restrict under subsection (i). The
December 15, 2022 proposed rule (87 FR 76738) proposed restrictions on
the use of HFCs in aerosol products, among others, and specifically
proposed restrictions on the use of dusters. Because EPA had already
initiated a rulemaking that addressed the use and sector requested by
the petition, EPA therefore also denied this aspect of the petition as
moot.\7\
---------------------------------------------------------------------------

    \6\ The HFC Allocation Framework Rule, also referred to as the
``Phasedown of Hydrofluorocarbons: Establishing the Allowance
Allocation and Trading Program Under the American Innovation and
Manufacturing Act,'' can be found in the Federal Register (86 FR
55116).
    \7\ EPA notes the petition failed to satisfy the statutory
requirement to address negotiated rulemaking. See AIM Act subsection
(i)(3)(A).
---------------------------------------------------------------------------

III. What happens after EPA denies a petition?

    Where the Agency denies a petition submitted under subsection (i)
of the AIM Act, the statute requires that the Administrator shall
publish in the Federal Register an explanation of the denial per
subsection (i)(3)(C), which the Agency is doing through this
notification.

Judicial Review

    The AIM Act provides that certain sections of the Clean Air Act
(CAA) ``shall apply to'' the AIM Act and actions ``promulgated by the
Administrator of [EPA] pursuant to [the AIM Act] as though [the AIM
Act] were expressly included in title VI of [the CAA].'' 42 U.S.C.
7675(k)(1)(C). Among the applicable sections of the CAA is section 307,
which includes provisions on judicial review. Under section 307(b)(1)
any petitions for review of these actions denying the petitions must be
filed in the United States Court of Appeals for the appropriate circuit
within 60 days from the date this notification is published in the
Federal Register.

Cynthia A. Newberg,
Director, Stratospheric Protection Division.
[FR Doc. 2023-06334 Filed 4-10-23; 8:45 am]
BILLING CODE 6560-50-P