19090 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

2See FTC Advisory Opinion No. 457, TRRP 

1718.20 (1971 Transfer Binder); 49 FR 32213 (Aug. 

13, 1984); 52 FR 49141, 49147–48 (Dec. 30, 1987). 

clothes dryer. Furthermore, the FTC 

does not have a labeling program for 

clothes dryers, therefore, Miele is not 

required to test its condenser clothes 

dryers.’’ 

BSH urges that the same waiver be 

granted to BSH as was granted to Miele 

for its comparable product. 

Manufacturers of all other basic 

models marketed in the United States 

and known to BSH to incorporate 

similar design characteristics as the BSH 

condenser clothes dryer include Miele 

(models T1565CA and T1570C), 

Whirlpool (model WCD7500VW), LG 

(model DLEC733W), and GE (models 

DCVH480E* and DCVH485E*). 

BSH is not aware of any alternative 

test procedure to evaluate in a manner 

representative of the energy 

consumption characteristics of the BSH 

condenser clothes dryers. BSH notes 

that DOE’s February 17, 1995 decision 

on Miele’s application indicated that 

Miele proposed that DOE consider 

adding a class for condenser clothes 

dryers in the then current clothes dryer 

rulemaking for minimum efficiency 

standards, along with an appropriate 

test procedure. DOE’s decision 

indicated that DOE would consider 

adding a new product class for 

condenser clothes dryers in that 

rulemaking and would initiate a clothes 

dryers test procedure rulemaking to add 

the capability of testing condenser 

clothes dryers to the existing test 

procedure for any potential future use. 

To the best of BSH’s knowledge, DOE 

has not done so. 

BSH also requests immediate relief by 

grant of an interim waiver. Grant of an 

interim waiver is fully justified: 

The petition for waiver is likely to be 

granted, as evidenced not only by its 

merits but also because DOE has already 

granted a similar waiver to Miele. 

Lack of relief will impose economic 

hardship on BSH. BSH would be placed 

in an untenable situation: The product 

would be subject to a set of regulations 

that DOE already acknowledges is not 

applicable to such a product and cannot 

be complied with, while at the same 

time another manufacturer is allowed to 

operate under a waiver from such 

regulations. 

Significant investment has already 

been made in BSH condensing clothes 

dryers. Lack of relief would not allow 

BSH to recoup this investment and 

would deny BSH anticipated sales 

revenue. This does not take into account 

significant losses in goodwill and brand 

acceptance. 

Beyond that, since the BSH 

condensing clothes dryer is intended to 

be sold as a pair with BSH washing 

machines an inability to sell the clothes 

dryer will harm sales of the washing 

machine as well. 

The basic purpose of the Energy 

Policy and Conservation Act, as 

amended by the National Appliance 

Energy Conservation Act, is to foster 

purchase of energy-efficient appliances, 

not hinder such purchases. The BSH 

condenser clothes dryer makes a dryer 

available to households where for 

physical, structural reasons a vented 

dryer could otherwise not be installed. 

BSH condenser clothes dryers thus offer 

benefits in the public interest. To 

encourage and foster the availability of 

these products is in the public interest. 

Standards programs should not be used 

as a means to block innovative, 

improved designs.2 DOE’s rules thus 

should accommodate and encourage— 

not act to block—such a product. 

Granting the interim waiver and 

waiver would also eliminate a non-tariff 

trade barrier. In addition, grant of relief 

would help enhance economic 

development and employment, 

including not only BSH’s operations in 

North Carolina, and Tennessee, but also 

at major national retailers and regional 

dealers that carry BSH products. 

Furthermore, continued employment 

creation and ongoing investments in its 

marketing, sales and servicing activities 

will be fostered by approval of the 

interim waiver. Conversely, denial of 

the requested relief would harm the 

company and would be anticompetitive. 

We would be pleased to discuss this 

request with DOE and provide further 

information as needed. 

BSH will notify all clothes dryer 

manufacturers of domestically marketed 

units known to BSH of this petition and 

application by letter. 

Sincerely, 

Dr. Uwe Mette 

Director Engineering Laundry Products 

[FR Doc. 2011–8143 Filed 4–5–11; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OAR–2010–1016 ; FRL–9290–4] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; National Refrigerant 

Recycling and Emissions Reduction 

Program (Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

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: Additional comments may be 

submitted on or before May 6, 2011. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

OAR–2010–1016 to (1) EPA online 

using http://www.regulations.gov (our 

preferred method), by e-mail to a-andr-docket@epa.gov or by mail to: EPA 

Docket Center, Environmental 

Protection Agency, Air and Radiation 

Docket and Information Center, Mail 

Code 28221T, 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: 

Cynthia Newberg; Stratospheric 

Protection Division, Office of Air and 

Radiation, Office of Atmospheric 

Programs; Mail Code 6205J; 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: (202) 

343–9870; fax number: (202) 343–9729 

e-mail address: newberg.cindy@epa.gov. 

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 December 14, 2010 (75 FR 77864), 

EPA sought comments on this ICR 

pursuant to 5 CFR 1320.8(d). EPA 

received no comments during the 

comment period. 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 –2010–1016, which is available for 

online viewing at http:// 

www.regulations.gov, or in person 

viewing at the Office of 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 

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Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 19091 

number for the Reading Room is 202– 

566–1744, and the telephone number for 

the Office of Air and Radiation 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: National Refrigerant Recycling 

and Emissions Reduction Program 

(Renewal) 

ICR numbers: EPA ICR No. 1626.11, 

OMB Control No. 2060–0256. 

ICR Status: This ICR is scheduled to 

expire on April 30, 2011. Under OMB 

regulations, the Agency may continue to 

conduct or sponsor the collection of 

information while this submission is 

pending at OMB. 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: EPA has developed 

regulations under the Clean Air Act 

Amendments of 1990 (the Act) 

establishing standards and requirements 

regarding the use and disposal of class 

I and class II ozone-depleting substances 

used as refrigerants during the service, 

maintenance, repair, or disposal of 

refrigeration and air-conditioning 

equipment. Section 608(c) of the Act 

states that effective July 1, 1992 it is 

unlawful for any person in the course of 

maintaining, servicing, repairing, or 

disposing of refrigeration or airconditioning equipment to knowingly 

vent or otherwise knowingly release or 

dispose of any class I or class II 

substance used as a refrigerant in the 

equipment in a manner which permits 

the substance to enter the environment. 

In 1993, EPA promulgated regulations 

under section 608 of the Act for the 

recycling of ozone-depleting refrigerants 

recovered during the servicing and 

disposal of air-conditioning and 

refrigeration equipment. These 

regulations were published on May 14, 

1993 (58 FR 28660) and codified in 40 

CFR part 82, subpart F (§ 82.150 et seq.). 

The regulations require persons 

servicing refrigeration and airconditioning equipment to observe 

certain service practices that reduce 

emissions of ozone depleting 

refrigerants. The regulations also 

establish certification programs for 

technicians, recycling and recovery 

equipment, and off-site refrigerant 

reclaimers. In addition, EPA requires 

that ozone depleting refrigerants 

contained ‘‘in bulk’’ in appliances be 

removed prior to disposal of the 

appliances and that all refrigeration and 

air-conditioning equipment, except for 

small appliances and room air 

conditioners, be provided with a 

servicing aperture that facilitates 

recovery of the refrigerant. Moreover, 

the Agency requires that substantial 

refrigerant leaks in equipment be 

repaired when they are discovered. 

These regulations significantly reduce 

emissions of ozone depleting 

refrigerants, and therefore aid U.S. and 

global efforts to minimize damage to the 

ozone layer and the environment as a 

whole. 

To facilitate compliance with and 

enforcement of section 608 

requirements, EPA requires reporting 

and record keeping requirements of 

technicians; technician certification 

programs; equipment testing 

organizations; refrigerant wholesalers 

and purchasers; refrigerant reclaimers; 

refrigeration and air-conditioning 

equipment owners; and other 

establishments that perform refrigerant 

removal, service, or disposal. The 

recordkeeping requirements and 

periodic submission of reports to EPA’s 

Office of Air and Radiation, Office of 

Atmospheric Programs, occur on an 

annual, biannual, one-time or 

occasional basis depending on the 

nature of the reporting entity and the 

length of time that the entity has been 

in service. Specific reporting and 

recordkeeping requirements were 

published in 58 FR 28660 and codified 

under 40 CFR part 82, subpart F (i.e., 

§ 82.166). These reporting and 

recordkeeping requirements also allow 

EPA to evaluate the effectiveness of the 

refrigerant regulations, and help the 

Agency determine if we are meeting the 

obligations of the Unites States, under 

the 1987 Montreal Protocol, to reduce 

use and emissions of ozone-depleting 

substances to the lowest achievable 

level. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 3 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 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

Respondents/Affected Entities: 

Entities potentially affected are those 

that recover, recycle, reclaim, sell or 

distribute in interstate commerce ozonedepleting refrigerants that contain 

chlorofluorocarbons (CFCs) or 

hydrochlorofluorocarbons (HCFCs); and 

those that service, maintain, repair, or 

dispose of appliances containing CFC or 

HCFC refrigerants. In addition, the 

owners or operators of appliances 

containing more than 50 pounds of CFC 

or HCFC refrigerants are regulated. 

Estimated Number of Respondents: 

663,669. 

Frequency of Response: Primarily 

annually, with the exception of 

technician testing organizations that are 

required to report biannually. 

Estimated Total Annual Hour Burden: 

2,404,913. 

Estimated Total Annual Cost: 

$96,364,851, which includes $0 

annualized capital or O&M costs. 

Changes in the Estimates: There is no 

increase of hours in the total estimated 

individual respondent burden compared 

with that identified in the ICR currently 

approved by OMB. This is due to the 

fact that there have been no changes in 

any program requirement, no changes in 

EPA’s estimates of the time required to 

submit reports and maintain records, 

and no changes in EPA’s estimates of 

the overall number of respondents. 

However, due to a correction of 

miscalculated estimates in the ICR 

currently approved by OMB, there is a 

change in the estimated number of 

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19092 Federal Register / Vol. 76, No. 66 / Wednesday, April 6, 2011 / Notices 

respondents from that identified in the 

ICR currently approved by OMB. There 

is also an increase in the estimated total 

annual cost as a result of changes in 

EPA’s estimates of labor rates. 

Dated: March 31, 2011. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2011–8161 Filed 4–5–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2011–0303; FRL–8868–5] 

Diflubenzuron; Receipt of Application 

for Emergency Exemption, Solicitation 

of Public Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received a specific 

exemption request from the Wyoming 

Department of Agriculture to use the 

pesticide diflubenzuron (CAS No. 

35367–38–5) to treat up to 26,000 acres 

of alfalfa to control grasshoppers and 

Mormon crickets. 

The applicant proposes a use which is 

supported by the Interregional (IR)–4 

program and has been requested in 5 or 

more previous years, and a petition for 

tolerance has not yet been submitted to 

the Agency. EPA is soliciting public 

comment before making the decision 

whether or not to grant the exemption. 

DATES: Comments must be received on 

or before April 21, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0303, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2011– 

0303 EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line 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 regulations.gov or email. The 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 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the 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. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Andrea Conrath, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–9356; fax number: (703) 605– 

0781; e-mail address: 

conrath.andrea@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. What should I consider as I prepare 

my comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 

information in a disk or CD–ROM that 

you mail to EPA, mark the outside of the 

disk or CD–ROM as CBI and then 

identify electronically within the disk or 

CD–ROM the specific information that 

is claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

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