[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Pages 40183-40186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19188]



[EPA-HQ-OAR-2006-0407; FRL-8943-4]

Agency Information Collection Activities; Proposed Collection; 
Comment Request; Information Collection Activities Associated With 
EPA's ENERGY STAR Program in the Commercial and Industrial Sectors; EPA 
ICR No. 1772, OMB Control No. 2060-0347

AGENCY: Environmental Protection Agency.

ACTION: Notice.


SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44

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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 February 28, 2010. 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 October 13, 2009.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-0407, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     E-mail: [email protected].
     Fax: 202-566-9744.
     Mail: Air and Radiation Docket, Environmental Protection 
Agency, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 
     Hand Delivery: Air and Radiation Docket in the EPA Docket 
Center (EPA/DC), EPA West Building, Room 3334, 1301 Constitution Ave., 
NW., Washington, DC. 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-
2006-0407. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or e-mail. 
The 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 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 additional 
information about EPA's public docket visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/dockets.htm.

FOR FURTHER INFORMATION CONTACT: Mary Susan Bailey, Climate Protection 
Partnerships Division, Mailcode: 6202J, Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: 202-343-9014; fax number: 202-343-2204; e-mail address: 
[email protected].


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-2006-0407, which is available for online viewing at 
www.regulations.gov, or in person viewing at the Air and Radiation 
Docket in the EPA Docket Center (EPA/DC), EPA West Building, Room 3334, 
1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading 
Room is open from 8 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 and Radiation Docket is 202-
    Use 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 

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) 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 
    1. Explain your views as clearly as possible and provide specific 
    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 affected by this action are 
participants in EPA's ENERGY STAR Program in the Commercial and 
Industrial Sectors.
    Title: Information Collection Activities Associated with EPA's 
ENERGY STAR Program in the Commercial and Industrial Sectors.
    ICR numbers: EPA ICR No. 1772, OMB Control No. 2060-0347.
    ICR status: This ICR is currently scheduled to expire on February 
28, 2010. 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

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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: ENERGY STAR is a voluntary program helping businesses and 
organizations as well as individuals protect the environment through 
superior energy efficiency. The program focuses on reducing utility-
generated emissions by reducing the demand for energy. In 1991, EPA 
launched the Green Lights program to encourage corporations, State and 
local governments, colleges and universities, and other organizations 
to adopt energy-efficient lighting as a profitable means of preventing 
pollution and improving lighting quality. Since then, EPA has rolled 
Green Lights into ENERGY STAR and expanded ENERGY STAR to encompass 
organization-wide energy performance improvement, such as building 
technology upgrades, product purchasing initiatives, and employee 
training. At the same time, EPA has streamlined the reporting 
procedures of ENERGY STAR and focused on providing incentives for 
improvements (e.g., ENERGY STAR Awards Program). EPA provides tools and 
other resources over the web to help the public overcome the barriers 
to evaluating their energy performance and investing in profitable 
improvements. EPA regularly evaluates its reporting procedures and 
tools to identify ways to minimize the public's burden. For example, 
EPA has increasingly automated ENERGY STAR's information collections so 
that organizations can submit information online instead of by mail.
    For several reasons, EPA has seen a dramatic increase in the 
public's participation in ENERGY STAR over the past several years and 
expects their participation to rise even more in the coming years. 
President Obama has made energy efficiency an important component of 
the Federal government's approach to energy management. Under the 
American Recovery and Reinvestment Act of 2009, Congress and the 
president allocated approximately $20 billion to encourage Federal 
agencies, States, local governments and industry to design, improve and 
use energy efficient buildings and products. President Obama is 
currently urging Congress to pass the American Clean Energy and 
Security Act, which would encourage greater energy efficiency in the 
nation's buildings and homes.
    In addition, a growing number of State and local governments are 
promoting ENERGY STAR as a way for the public to respond to rising 
energy costs and global warming. Participation in ENERGY STAR has also 
risen dramatically because of the efforts of trade associations, 
utilities, and third-party providers in promoting the program to the 
public. These organizations voluntarily transmit ENERGY STAR messages 
and promote the use of ENERGY STAR tools and strategies in an effort to 
help companies reduce their energy consumption and find more 
environmentally friendly ways to conduct business.
    To join ENERGY STAR, organizations are asked to complete a 
Partnership Letter or Agreement that establishes their commitment to 
protect the environment. Partners agree to undertake efforts such as 
measuring and tracking the energy performance of their facilities where 
possible by using tools such as those offered by ENERGY STAR, spreading 
the word about the importance of energy efficiency to staff and the 
community, supporting the ENERGY STAR Challenge, and highlighting 
achievements with recognition offered through ENERGY STAR.
    Partners also may be asked to periodically submit information to 
EPA as needed to assist in program implementation. For example, EPA 
maintains the Most Active Service and Product Providers Directory to 
provide the public with easy access to energy efficiency services that 
can help companies lower operating costs and increase their bottom 
line. Businesses wishing to appear in this directory are asked to 
submit a completed application that demonstrates that they have met 
specified requirements.
    Partnership in ENERGY STAR is voluntary and can be terminated by 
Partners or EPA at any time. EPA does not expect organizations to join 
the program unless their participation is cost-effective and otherwise 
beneficial for them.
    In addition, Partners and any other interested party can help EPA 
promote energy-efficient technologies by evaluating the efficiency of 
their buildings using EPA's on-line tools (e.g., Portfolio Manager) and 
applying for recognition.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information will vary depending on the 
type of participant, the specific collection activity, and other 
factors. The annual burden for joining ENERGY STAR and conducting 
related activities is estimated to range from about 2 to 7 hours per 
respondent. This includes time for preparing and submitting the 
Partnership Letter or Agreement and other information as requested. The 
burden for applying for an ENERGY STAR is estimated to range from about 
5.5 to 10.5 hours per respondent. This includes time for reading the 
instructions of the benchmarking tool if needed, gathering and entering 
information on building characteristics and energy use into the tool, 
and preparing/submitting the ENERGY STAR application materials to EPA. 
The burden for applying for an ENERGY STAR Award is estimated to range 
from 2 to 26.5 hours per respondent. This includes time for preparing 
and submitting the awards application materials to EPA.
    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 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 annual number of potential respondents: 6,000.
    Frequency of response: One-time, annually, and/or periodically, 
depending on the type of respondent and collection.
    Estimated total annual respondent burden hours: 54,500.
    Estimated total annual respondent costs: $5,436,710, including 
$3,574,491 in labor costs and $1,862,219 in O&M costs. There are no 
capital/start-up costs to respondents.

Are There Changes in the Estimates From the Last Approval?

    The burden estimates presented in this document are from the last 
approval. EPA is currently evaluating and updating these estimates as 
part of the ICR renewal process. EPA will discuss its updated 
estimates, as well as changes from the last approval, in the next 
Federal Register notice to be issued for this renewal.

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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 320.5(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 

    Dated: August 5, 2009.
Kathleen Hogan,
Director, Climate Protection Partnerships Division.
[FR Doc. E9-19188 Filed 8-10-09; 8:45 am]