[Federal Register: June 9, 2008 (Volume 73, Number 111)]
[Notices]
[Page 32570-32572]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09jn08-37]
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EVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OAR-2008-0312; FRL-8577-2]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Servicing of Motor Vehicle Air Conditioners, EPA ICR
Number 1617.05, OMB Control Number 2060-0247
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on December 31, 2008. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.
DATES: Comments must be submitted on or before August 8, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0312 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: a-and-r-Docket@epa.gov.
Fax: 202-566-1741.
Mail: EPA Docket Center, Mailcode: 6102T, 1200
Pennsylvania Ave., NW., Washington, DC 20460.
Hand Delivery: Public Reading Room, Room B102, EPA West
Building, 1301 Constitution Avenue, NW., Washington, DC, Attention
Docket ID No. EPA-HQ-OAR-2008-0312. Such deliveries are only accepted
during the Docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0312. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://
www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
FOR FURTHER INFORMATION CONTACT: Karen Thundiyil, Stratospheric
Protection Division, Office of Atmospheric Programs, (MC 6205J),
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 343-9464; fax number:
(202) 343-2163; e-mail address: thundiyil.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
How Can I Access the Docket and/or Submit Comments?
EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OAR-2008-0312, which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Air Docket in
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number for the Reading Room is 202-566-1744,
and the telephone number for the Air Docket is 202-566-1742.
Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.
What Information Is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
(i) Evaluate 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;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25 people) on
examples of specific additional efforts that EPA could make to reduce
the paperwork burden for very small businesses affected by this
collection.
What Should I Consider When I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible and provide specific
examples.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Offer alternative ways to improve the collection activity.
6. Make sure to submit your comments by the deadline identified
under DATES.
7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
What Information Collection Activity or ICR Does This Apply to?
Affected entities: Entities potentially affected by this action are
new and used motor vehicle dealers, gasoline service
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stations, general automotive repair shops, and automotive repair shops
not elsewhere classified.
ICR numbers: EPA ICR No. 1617.05, OMB Control No. 2060-0247.
ICR status: This ICR is currently scheduled to expire on December
31, 2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
Abstract: Section 609 of the Clean Air Act Amendments of 1990 (Act)
provides general guidelines for motor vehicle air conditioning (MVAC)
refrigerant handling and MVAC servicing. It states that ``no person
repairing or servicing motor vehicles for consideration may perform any
service on a motor vehicle air conditioner involving the refrigerant
for such air conditioner without properly using approved refrigerant
recovery and/or recovery and recycling equipment (hereafter referred to
as ``refrigerant handling equipment'') and no such person may perform
such service unless such person has been properly trained and
certified.''
In 1992, EPA developed regulations under section 609 that were
published in 57 FR 31242, and codified at 40 CFR Subpart B (Sec. 82.30
et seq.). The information required to be collected under the Section
609 regulations is currently approved for use through December 31,
2008. This supporting statement is submitted to justify an extension of
the approval of use of this information. Pursuant to new requirements
under the Paperwork Reduction Act, a notice was published in the
Federal Register on October 4, 2005, announcing the intent to extend
the renewal of this Information Collection Request and requesting
comment on the renewal. Descriptions of the recordkeeping and reporting
requirements mandated by section 609 and delineated in 40 CFR 82
subpart B are summarized below in this section.
Approved Refrigerant Handling Equipment: In accordance with Section
609(b)(2)(A), 40 CFR 82.36 requires that refrigerant handling equipment
be certified by EPA or independent standards testing organizations.
Certification standards are particular to the type of equipment and the
refrigerant to be recovered, and must be consistent with the Society of
Automotive Engineers (SAE) standards for MVAC equipment.
Approved independent standards testing organizations: Section
609(b)(2)(A) of the Act requires independent laboratory testing of
refrigerant handling equipment to be certified by EPA. The
Stratospheric Protection Division (SPD) requires independent
laboratories to submit an application that documents: The
organization's capacity to accurately test equipment compliance with
applicable standards consistent with the SAE standards for handling
refrigerant, an absence of conflict of interest or financial benefit
based on test outcomes, and an agreement to allow EPA access to verify
application information. Once an independent laboratory has been
approved by EPA, the application is kept on file in the SPD. Two
laboratories--Underwriters Laboratories Inc. and ETL Testing
Laboratories--are currently approved to test refrigerant handling
equipment. EPA does not anticipate that any organizations will apply to
EPA in the future to become approved independent standards testing
organizations. Therefore, annual hours and costs related to information
submitted by these organizations have been eliminated.
Technician training and certification: According to Section
609(b)(4) of the Act, automotive technicians are required to be trained
and certified in the proper use of approved refrigerant handling
equipment. Programs that perform technician training and certification
activities must apply to the SPD for approval by submitting
verification that its program meets EPA standards. The information
requested is used by the SPD to guarantee a degree of uniformity in the
testing programs for motor vehicle service technicians.
Due to rapid developments in technology, the Agency requires that
each approved technician certification program conducts periodic
reviews and updates of test material, submitting a written summary of
the review and program changes to EPA every two years. After the test
has been approved by EPA, a hard copy remains on file with SPD.
Currently, 24 testing programs are approved by EPA to train technicians
in the proper use of refrigerant handling equipment. Six of these
programs are designed specifically for individual company's own
employees.
Certification, reporting and recordkeeping: To facilitate
enforcement under Section 609, EPA has developed several recordkeeping
requirements. All required records must be retained on-site for a
minimum of three years, unless otherwise indicated.
Section 609(c) of the Act states that by January 1, 1992, no person
may service any motor vehicle air conditioner without being properly
trained and certified, nor without using properly approved refrigerant
handling equipment. To this end, 40 CFR 82.42(a) states that by January
1, 1993, each service provider must have submitted to EPA on a one-time
basis a statement signed by the owner of the equipment or another
responsible officer that provides the name of the equipment purchaser,
the address of the service establishment where the equipment will be
located, the manufacturer name, equipment model number, date of
manufacture, and equipment serial number. The statement must also
indicate that the equipment will be properly used in servicing motor
vehicle air conditioners and that each individual authorized by the
purchaser to perform service is property trained and certified. The
information is used by the SPD to verify compliance with Section 609 of
the Act.
Any person who owns approved refrigerant handling equipment must
maintain records of the name and address of any facility to which
refrigerant is sent. Additionally, any person who owns approved
refrigerant handling equipment must retain records demonstrating that
all persons authorized to operate the equipment are currently certified
technicians.
Finally, any person who sells or distributes a class I or class II
refrigerant that is in a container of less than 20 pounds must verify
that the purchaser is a properly trained and certified technician,
unless the purchase of small containers is for resale only. In that
case, the seller must obtain a written statement from the purchaser
that the containers are for resale only, and must indicate the
purchaser's name and business address. When a certified technician
purchases small containers of refrigerant for servicing motor vehicles,
the seller must have a reasonable basis for believing the accuracy of
the information presented by the purchaser. In all cases, the seller
must display a sign where sales occur that states the certification
requirements for purchasers.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 0.13
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain,
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or disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
Estimated total number of potential respondents: 66,394.
Frequency of response: On occasion.
Estimated total average number of responses for each respondent: 1.
Estimated total annual burden hours: 6,700 hours.
Estimated total annual costs: $262,980.47. This includes an
estimated burden cost of $262,980.47 and an estimated cost of $0 for
capital investment or maintenance and operational costs.
Are There Changes in the Estimates From the Last Approval?
There is a decrease of 182 hours in the total estimated respondent
burden compared with that identified in the ICR currently approved by
OMB. There are two reasons for this decrease in burden hours. In 2002,
it was estimated that there would be 4,000 purchases of small
containers of class I and class II refrigerant for resale only by
uncertified purchasers. It is estimated that at the time (in 2002),
there were an estimated 32 million R-12 MVACs on the road. Today, it is
estimated that there are only 11 million R-12 MVACs on the road, or
roughly 65% less than there were in 2002. Therefore, to account for the
decreased market for small containers of CFC-12 refrigerant, this ICR
estimates that the number of purchases for resale only by uncertified
purchasers of small cans will be 65% less than in 2002, or 1,370
purchases.
The second reason the burden hours have decreased is that the
substantially identical equipment approval process is no longer
applicable. This portion of Section 609(b)(2)(B) of the Act and 40 CFR
82.36(b) allowed for equipment that was purchased before the proposal
of the regulations to be approved by EPA if it was substantially
identical to equipment that had been certified by the EPA or approved
independent laboratory. The substantially identical equipment
regulation only relates to CFC-12 recovery and recycling equipment
initially purchased before September 4, 1991; CFC-12 recovery-only
equipment initially purchased before April 22, 1992; HFC-134a recovery
and recycling, or recovery-only equipment initially purchased before
March 6, 1996; equipment that recovers but does not recycle any single,
specific refrigerant other than CFC-12 or HFC-134a that was initially
purchased before March 6, 1996; or equipment that recovers and recycles
HFC-134a and CFC-12 refrigerant using common circuitry that was
initially purchased before March 6, 1996. Because the average lifetime
of such equipment is roughly 7 years, all such equipment is obsolete
today. Therefore, documentation requirements related to this section
have been removed from this ICR. In the previous ICR, 12 establishment
burden hours and $1,200 annual costs were allocated to this activity.
What Is the Next Step in the Process for This ICR?
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.
Dated: June 2, 2008.
Brian J. McLean,
Director, Office of Atmospheric Programs.
[FR Doc. E8-12853 Filed 6-6-08; 8:45 am]
BILLING CODE 6560-50-P