[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78784-78786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-30547]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0312; FRL-8756-3]


Agency Information Collection Activities: Submission to OMB for 
Review and Approval; Comment Request; Servicing of Motor Vehicle Air 
Conditioners (Renewal), EPA ICR Number 1617.06, OMB Control Number 
2060-0247

AGENCY: Environmental Protection Agency (EPA).

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 an Information Collection 
Request (ICR) has been forwarded to the Office of Management and Budget 
(OMB) for review and approval. This is a request to renew an existing 
approved collection. The ICR, which is abstracted below, describes the 
nature of the information collection and its estimated burden and cost.

DATES: Comments must be submitted on or before January 22, 2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2008-0312, to (1) EPA online using http://www.regulations.gov (our 
preferred method), by e-mail to [email protected], or by mail to: 
EPA Docket Center, Environmental Protection Agency, Air Docket, 
Mailcode 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and 
(2) OMB by mail to: Office of Information and Regulatory Affairs, 
Office of Management and Budget (OMB), Attention: Desk Officer for EPA, 
725 17th Street, NW., Washington, DC 20503.

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: [email protected].

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On June 9, 2008 (73 FR 32570), EPA sought comments on this ICR 
pursuant to 5 CFR 1320.8(d). EPA received no comments. Any additional 
comments on this ICR should be submitted to EPA and OMB within 30 days 
of this notice.
    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 EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at http://www.regulations.gov as EPA 
receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose public disclosure is restricted by statute. For 
further information about the electronic docket, go to http://www.regulations.gov.
    Title: Servicing of Motor Vehicle Air Conditioners (Renewal).
    ICR numbers: EPA ICR No. 1617.06, OMB Control No. 2060-0247.
    ICR Status: This ICR is scheduled to expire on December 31, 2008. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
An

[[Page 78785]]

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 part 82, 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. Descriptions of 
the recordkeeping and reporting requirements mandated by section 609 
and delineated in 40 CFR part 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 
organization. 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 properly 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 less 
than one hour per response. Burden means the total time, effort, or 
financial resources expended by persons to generate, maintain, retain, 
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

[[Page 78786]]

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:
    Affected Entities: Entities potentially affected by this action are 
new and used motor vehicle dealers, gasoline service stations, general 
automotive repair shops, and automotive repair shops not elsewhere 
classified.
    Estimated Number of Potential Respondents: 64,382.
    Frequency of Response: On occasion.
    Estimated Total Annual Hour Burden: 6,700 hours.
    Estimated Total Annual Costs: $262,980.47. This includes an 
estimated labor cost of $262,980.47 and an estimated cost of $0 for 
capital or O&M costs.
    Changes in the Estimates: There is an increase of 3,835 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. The primary reason for this increase is the 
increase in the number of technicians certified annually. EPA has 
revised its estimate based on data collected in June 2007 from 11 out 
of 24 technician certification centers. It is estimated that 55,000 new 
MVAC technicians are certified each year, rather than 14,000 as assumed 
in the last ICR. A major part of this ICR burden is based on how many 
technicians are certified annually.

    Dated: December 17, 2008.
John Moses,
Acting Director, Collection Strategies Division.
 [FR Doc. E8-30547 Filed 12-22-08; 8:45 am]
BILLING CODE 6560-50-P