[Federal Register Volume 75, Number 192 (Tuesday, October 5, 2010)]
[Notices]
[Pages 61481-61483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24923]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2003-0033; FRL-9210-5]


Agency Information Collection Activities; Submission of EPA ICR 
No. 2078.01 to OMB for Review and Approval; Comment Request

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 March 31, 2011. 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 December 6, 2010.

ADDRESSES: Submit your comments, identified by Docket ID No. OAR-2003-
0033 by one of the following methods:
     http://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: 2822T, 1200 Pennsylvania Ave., NW., Washington, DC 
20460.
     Hand Delivery: EPA Air and Radiation Docket, EPA Docket 
Center, Environmental Protection Agency, EPA West, Room B102, 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-
2003-0033. 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 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: Christopher Kent, Climate Protection 
Partnership Division, Office of Air and Radiation, MC 6202J, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: 202-343-9046; fax number: 202-
343-2200; e-mail address: [email protected].

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. HQ-OAR-2003-0033 for each of the ICRs identified in this document, 
which is available for online viewing at http://www.regulations.gov, or 
inperson viewing at the Air and Radiation 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 Air and Radiation 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.

[[Page 61482]]

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 
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?

Docket ID No. HQ-OAR-2003-0033

    Affected Entities: Entities potentially affected by this action 
include Partners in ENERGY STAR's product labeling program.
    Title: Information Collection Activities associate with EPA's 
ENERGY STAR product labeling.
    ICR Numbers: EPA ICR No. 2078.01, OMB Control No. 2060-0528.
    ICR Status: This ICR is currently scheduled to expire on March 31, 
2011. 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: ENERGY STAR is a voluntary program developed in 
collaboration with industry to create a self-sustaining market for 
energy efficient products. The centerpiece of the program is the ENERGY 
STAR label, a registered certification label that helps consumers 
identify products that save energy, save money, and help protect the 
environment without sacrificing quality or performance. In order to 
protect the integrity of the label and enhance its effectiveness in the 
marketplace, EPA must ensure that products carrying the label meet 
appropriate program requirements.
    The ENERGY STAR program has determined it necessary to shift from a 
self-certification program to one in which we have an enhanced 
qualification and verification process with all testing being done in 
EPA-recognized, accredited labs and partners participating in product-
specific certification programs. These changes are an effort to 
preserve the consumer confidence in the ENERGY STAR label and to 
protect the significant value it offers program partners. EPA believes 
that the new requirements will mean that leadership companies' 
participation and the ENERGY STAR label will become even more 
meaningful in the market.
    Maintaining the value of this brand requires ensuring products 
labeled with the ENERGY STAR deliver on their promise to the consumer. 
So beginning in January 2011, manufacturers must obtain third party 
certification for new products labeled with the ENERGY STAR mark. As 
with previous program requirements, program participants submit signed 
Partnership Agreements indicating that they will adhere to logo-use 
guidelines and that participating products meet specified energy 
performance criteria based on a standard test method.
    As part of our contribution to the overall success of the program, 
EPA has agreed to facilitate the sale of qualifying products by 
providing consumers with easy-to-use information about the products. To 
be effective, EPA and its relevant recognized certification body must 
receive qualifying product information from participating 
manufacturers. Partners need to provide qualifying information prior to 
labeling so as to ensure that EPA information is recent and accurate. 
The information will be compiled by the certification body which will 
then provide EPA with the appropriate data so the product may be 
incorporated into a complete qualifying products list per product 
category, posted on the ENERGY STAR Web site, and supplied to those 
purchasers who request it via phone, fax, or e-mail.
    In order to monitor progress and support the best allocation of 
resources, EPA also asks manufacturers to submit annual shipment data 
for their ENERGY STAR qualifying products. EPA is flexible as to the 
methods by which manufacturers may submit unit shipment data. For 
example, if manufacturers already submit this type of information to a 
third party, such as a trade association, they are given the option of 
arranging for shipment data to be sent to EPA via this third party to 
avoid duplication of efforts and to ensure confidentiality. In using 
any shipment data received directly from a partner, EPA will mask the 
source of the data so as to protect confidentiality.
    Finally, Partners that wish to receive recognition for their 
efforts in ENERGY STAR may submit an application for the Partner of the 
Year Award.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 76.53 
hours 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

[[Page 61483]]

respond to a collection of information; search data sources; complete 
and review the collection of information; and transmit or otherwise 
disclose the information.
    The annual burden to respondents is approximately 49,738 hours, at 
a cost of approximately $4,565,289. The total cost for the Agency is 
$407,854, and the hourly burden is approximately 17,954 hours. A grand 
total of $5,352,668 and the hourly burden of approximately 67,692 hours 
is estimated for all information collection activities under ENERGY 
STAR product labeling.
    EPA collects initial information in the Partnership Agreement (PA), 
which is completed and submitted by every Partner participating in 
ENERGY STAR. One overarching PA has been developed by EPA for ENERGY 
STAR product labeling. It is expected that over 1000 new Partners will 
join each year for the three years of this ICR. The reporting burden 
for information collection requirements associated with completing the 
PA for each respondent is estimated to be 4.20 hours. This estimate 
includes time for reviewing the instructions on the PA, completing and 
reviewing the information requested by the PA, and submitting the PA.
    EPA processes and approves applications for EPA recognition of 
accreditation bodies, laboratories and certification bodies. All of 
these entities seek EPA recognition by submitting an application that 
EPA will then review and ultimately approve or reject. The universe of 
accreditation bodies is limited and the number of certification bodies 
is also a limited universe. The number of laboratories seeking EPA 
recognitions is potentially quite large. EPA estimates that a total of 
250 entities will seek recognition of each year for the three years of 
this ICR.
    Every manufacturing Partner is required to obtain third party 
certification for each of their qualifying products. Sixty three 
different product categories are covered by EPA under ENERGY STAR. Each 
product category has specific qualifying efficiency criteria the 
products must be certified against. Manufacturing partners must work 
with a product specific certification body. EPA estimates there will 
20-30 different certification bodies to cover the 63 product 
categories. with certification bodies covering one or more product 
category. EPA estimates that over 16,000 new qualifying products will 
be recognized each year for the three years of this ICR. The qualifying 
product list for each product category is updated by the Agency twice a 
month, for a total of 1638 times annually (63 qualifying product lists 
multiplied by 26 months in a year).
    Each year, ENERGY STAR Partners are required to submit unit 
shipment data for their ENERGY STAR qualified products. There will be 
an average of nearly 3000 Partners each year for the three years of 
this ICR. Therefore, 2250 reports of unit shipment data are expected 
each year for the three years of this ICR. Unit shipment data will be 
aggregated for each of the 63 product categories covered by EPA under 
ENERGY STAR. The reporting burden for information collection 
requirements associated with unit shipment data for each respondent is 
estimated to be 6.69 hours. This estimate includes reviewing 
instructions, gathering unit shipment data, compiling and reviewing it 
by category, and submitting it.
    Partners interested in receiving recognition for their efforts on 
ENERGY STAR are required to submit a Partner of the Year application. 
One set of Partner of the Year award criteria are developed by the 
Agency each year and posted on the ENERGY STAR Web site. An average of 
63 award applications are expected each year for the three years of 
this ICR. The reporting burden for information collection requirements 
associated with the Partner of the Year application for each respondent 
is estimated to be 59.29 hours. This estimate includes reviewing 
instructions on the application, gathering data and information for 
submission, completing the application, reviewing the information and 
narrative description required, and submitting the application to EPA.

Are there changes in the estimates from the last approval?

    There is a decrease of approximately 39,411 hours in the total 
estimated respondent burden compared with that identified in the ICR 
currently approved by OMB. The majority of t the decrease is due to 
EPA's program change to the ENERGY STAR program from one where the 
program relied on a supplier's self declaration that a product meets 
the ENERGY STAR criteria to one which manufacturers must obtain third 
party certification in order to label new products. These decrease are 
also offset by the increase in the number of respondents submitting new 
partnership agreements, reporting annually on unit shipment data and 
applying for Partner of the Year awards.

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: September 29, 2010.
Beth Craig,
Acting Director, Climate Protection Partnerships Division.
[FR Doc. 2010-24923 Filed 10-4-10; 8:45 am]
BILLING CODE 6560-50-P