Federal Register - May 6, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 86 / Thursday, May 6, 2021 / Rules and Regulations
B. Paperwork Reduction Act PRA
This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 20600226. The approved Information Collection Request includes five types of respondent reporting and recordkeeping activities pursuant to SNAP regulations: Submission of a SNAP petition, filing a TSCA/SNAP
Addendum, notification for test marketing activity, recordkeeping for substitutes acceptable subject to use restrictions, and recordkeeping for small volume uses. This rule contains no new requirements for reporting or recordkeeping.
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C. Regulatory Flexibility Act RFA
I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule. This action allows the additional options under SNAP of using R32, R448A, R449A, R449B, R452B, R454A, R454B, R
454C, and R457A in the specified enduses, but does not mandate such use.
Users who choose to avail themselves of this flexibility for R448A, R449A, and R449B must make a reasonable effort to ascertain that other substitutes or alternatives are not technically feasible and must document and keep records of the results of such investigations.
Because equipment for R452B, R
454A, R454B, R454C, and R457A is not manufactured yet in the U.S. for the residential and light commercial air conditioning and heat pumps end-use, no change in business practice is required to meet the use conditions, resulting in no adverse impact compared to the absence of this rule.
Equipment for R32 already being manufactured has been subject to similar use conditions, resulting in no adverse impact compared to the absence of this rule. Thus, this final rule would not impose new costs on small entities.
We have therefore concluded that this action will not impose a significant adverse regulatory burden for all directly regulated small entities.
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D. Unfunded Mandates Reform Act UMRA
This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 15311538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local, or tribal governments or the private sector.
E. Executive Order 13132: Federalism This action does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this action. EPA periodically updates tribal officials on air regulations through the monthly meetings of the National Tribal Air Association and will share information on this rulemaking through this and other fora.
G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866 and because EPA
does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. EPA has not conducted a separate analysis of risks to infants and children associated with this rule. Any risks to children are not different than the risks to the general population. This actions health and risk assessments are contained in the comparisons of toxicity for the various substitutes, as well as in the risk screens for the substitutes that are listed in this final rule. The risk screens are in the docket for this rulemaking.
H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a
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significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act This action involves technical standards. EPA uses and incorporates by reference portions of the 2019 UL
Standard 60335240, which establishes requirements for the evaluation of residential air conditioning equipment and safe use of flammable refrigerants, among other things. The standard is discussed in greater detail in section II.B.5 of this preamble.
The 2019 UL Standard 60335240 is available at https
www.shopulstandards.com/
ProductDetail.aspx?UniqueKey=36463, and may be purchased by mail at:
Comm 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email: orders@
shopulstandards.com; Telephone: 1
8888533503 in the U.S. or Canada other countries dial 14153522178;
internet address: https
www.shopulstandards.com. The cost of the 2019 UL Standard 60335240 is $440 for an electronic copy and $550 for hardcopy. UL also offers a subscription service to the Standards Certification Customer Library that allows unlimited access to their standards and related documents. The cost of obtaining this standard is not a significant financial burden for equipment manufacturers and purchase is not necessary for those selling, installing, and servicing the equipment. Therefore, EPA concludes that the UL standard incorporated by reference is reasonably available.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population EPA believes that it is not feasible to quantify any disproportionately high and adverse human health or environmental effects from this action on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898
59 FR 7629, February 16, 1994 because for all affected populations there is no requirement to use any of the alternatives listed in this action.
K. Congressional Review Act CRA
This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a major rule as defined by 5 U.S.C. 8042.
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