[Federal Register: November 9, 2007 (Volume 72, Number 217)]
[Rules and Regulations]
[Page 63490-63499]
[DOCID:fr09no07-12]

=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[EPA-HQ-OAR-2006-5065; FRL-8493-5]
RIN 2060-AO32

Protection of Stratospheric Ozone: Revision of Refrigerant
Recovery and Recycling Equipment Standards

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is taking direct
final action on motor vehicle refrigerant recovery and recycling
equipment standards. Under Clean Air Act Section 609, motor vehicle
air-conditioning (MVAC) refrigerant handling equipment must be
certified by the Administrator or an independent organization approved
by the Administrator and, at a minimum, must be as stringent as the
standards of the Society of Automotive Engineers (SAE) that are in
effect as of the date of the enactment of the Clean Air Act Amendments
of 1990. In 1997, EPA promulgated regulations that required the use of
SAE Standard J2210, HFC-134a Recycling Equipment for Mobile Air
Conditioning Systems for certification of MVAC refrigerant handling
equipment. SAE has replaced Standard J2210 with J2788, Recovery/Recycle
and Recovery/Recycle/Recharging Equipment for HFC-134a Refrigerant. To
avoid confusion with an outdated reference, EPA is updating its
reference to the new SAE standards. This action reflects a change in
industry standard practice. This action also revises the EPA addresses
to send equipment certification forms.

DATES: This rule is effective on December 31, 2007 without further
notice, unless EPA receives adverse comment or a request for public
hearing by December 10, 2007. If we receive adverse comment or a
request for a public hearing, we will publish a timely withdrawal in
the Federal Register informing the public that some or all of the
amendments in this rule will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2006-5065, by one of the following methods:
     http://www.regulations.gov: Follow the on-line

instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Environmental Protection Agency, Mailcode 6102T, EPA
Docket

Center (EPA/DC), 1200 Pennsylvania Avenue, NW., Washington, DC 20460
     Hand Delivery: Public Reading Room, Room B102, EPA West
Building, 1301 Constitution Avenue, 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-
2006-5065. 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.
    Docket: All documents in the docket are listed in the
http://www.regulations.gov index. 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, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at the Air Docket, EPA/DC, EPA

West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. This
Docket Facility is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>.

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:<PHONE_NUMBER>; fax number:
(202) 343-2363; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: EPA is publishing this rule without a prior
proposed rule because we view this as a noncontroversial action and
anticipate no adverse comment because this action is primarily
administrative in nature. However, in the ``Proposed Rules'' section of
today's Federal Register, we are publishing a separate document that
will serve as the proposed rule to update EPA's reference to an
obsolete SAE standard, if adverse comments or a request for public
hearing are received on this direct final rule. We will not institute a
second comment period on this action. Any parties interested in
commenting must do so at this time. For further information about
commenting on this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment or a request for a public hearing,
we will publish a timely withdrawal in the Federal Register informing
the public that this direct final rule will not take effect. We would
address all public comments in any subsequent final rule based on the
proposed rule.
    Existing regulations covering specifications for motor vehicle air
conditioning (MVAC) refrigerant handling equipment reference Society of
Automotive Engineers (SAE) standards that have become outdated because
the SAE has issued new updated standards. This action will update
existing regulations to reference newly updated SAE standards. This
regulatory action is primarily administrative with no significant
policy issues.
    Section 609 of the Clean Air Act requires that EPA regulations be
at least as stringent as SAE J1990 standard. J1990 describes
refrigerant handling equipment for CFC-12 refrigerant. Since Section
609's conception, the MVAC sector has transitioned from CFC-12, an
ozone depleting substance, to HFC-134a, a non-ozone depleting
substance. Now HFC-134a is the predominant refrigerant in MVACs in the
United States and around the world. At the start of the transition from
CFC-12 to HFC-134a, more than 13 years ago, SAE developed standard
J2210 on HFC-134a refrigerant handling equipment. J2210 described
standards for HFC-134a refrigerant recovery and recycling machines. At
the time of transition from CFC-12 to HFC-134a, EPA adopted J2210. Now,
SAE has updated the standard on HFC-134a refrigerant handling equipment
from J2210 to J2788. This action updates EPA's reference to SAE's new
HFC-134a refrigerant handling equipment standards (J2788 in Appendix C
to Subpart B of Part 82 in the Code of Federal Regulations).

I. Background

A. Statutory Authority

    Title VI of the Clean Air Act (Act) is designed to protect the
stratospheric ozone layer. Section 609 of the Act requires the
Administrator to promulgate regulations establishing standards and
requirements regarding the servicing of MVACs. The Act requires that
the Administrator establish standards for using MVAC refrigerant
handling equipment that shall be at least as stringent as the
applicable standards of SAE in effect as of the date of enactment
(November 15, 1990).

B. EPA Section 609 Equipment Certification Program

    EPA requires that any person repairing or servicing MVACs shall
certify to EPA that such person has acquired approved refrigerant
handling equipment. An independent standards testing organization,
approved by EPA, certifies equipment as meeting the MVAC refrigerant
handling equipment standards. At this time, Intertek/ETL and
Underwriters Laboratories Inc. (UL) have been approved by EPA to
certify MVAC refrigerant handling equipment.

C. SAE Industry Standards

    EPA refers to the SAE J standards for technical specifications
related to MVAC servicing issues. SAE's standards are developed through
international participation and cooperation of MVAC experts from motor
vehicle manufacturers, MVAC suppliers, chemical manufacturers,
refrigerant handling equipment manufacturers and other interested
industry stakeholders. SAE standards are internationally recognized,
adopted and referenced by all major motor vehicle manufacturers and
their suppliers. SAE periodically updates their standards to reflect
changes in industry best practices and/or technology improvements.

II. New Industry Practice and Updated SAE Standard

    Test results from the SAE Improved Mobile Air Conditioning
Cooperative

Research Project, an MVAC industry sponsored research project,
indicated that equipment designed to meet SAE standards J2210 did not
recover refrigerant from MVAC systems as well as was previously assumed
(Docket No. EPA-HQ-OAR-2006-0428-0001). As much as 30% of refrigerant
remained in an MVAC system when J2210 recovery equipment indicated all
refrigerant had been recovered. MVAC service technicians rely on
complete refrigerant recovery to refill MVAC systems according to the
motor vehicle manufacturer specification. In light of sub-standard
recovery performance, SAE revised their standards to include
performance standards that ensure an improved standard of refrigerant
recovery and recharge. SAE replaced standard J2210 with standard J2788
in October 2006. J2788 encompasses all of J2210, adds standards on
recharging of MVAC systems, and adds performance standards to improve
equipment refrigerant recovery performance. Specifically, J2788 sets a
recharge accuracy standard of 0.5 ounces and requires 95% recovery of
refrigerant from an MVAC system.
    With this action, EPA is updating its reference to the SAE
standards at Sec.  82.36. SAE J2210 will no longer exist effective
December 2007, and will be superseded by J2788. In Section 82.36,
Approved refrigerant recycling equipment, EPA is updating the reference
from J2210 to J2788, for recovery/recycling equipment and for recovery/
recycling/recharging equipment. In addition, for purposes of clarity,
EPA is adding a clause to Section 82.34 (Prohibitions and required
practices), which specifies that equipment manufactured or imported
must meet the SAE standards. By updating our reference to SAE's new
standard J2788, the Agency avoids confusion on the part of the
refrigerant handling equipment manufacturer, service technician or A/C
service shop owner who would otherwise face a federal requirement that
referenced an obsolete standard that conflicts with the new industry
standard practice established with J2788.
    Currently the regulations under Sec.  82.36 (Approved refrigerant
recycling equipment) envisage more than just refrigerant recycling and
include refrigerant recovery. Therefore, to more accurately reflect the
provisions outlined in that section, EPA is revising the title of Sec.
82.36 from ``Approved refrigerant recycling equipment'' to ``Approved
refrigerant handling equipment.''
    While this action updates EPA's reference to SAE's new J2788
standard, it does not require an immediate replacement of previously
certified MVAC recovery and recovery/recycling equipment with new J2788
equipment. Rather, all new MVAC refrigerant handling equipment
manufactured after December 31, 2007 must be certified to J2788.
Equipment manufactured after December 31, 2007 that is certified to
J2210 will not satisfy EPA requirements and cannot be manufactured or
imported. See Section III below for a discussion on existing inventory
of equipment certified to J2210.
    A/C service shop owners or technicians may decide to accelerate
plans to replace old J2210 equipment with the new J2788 equipment
standard because of the expected refrigerant savings that translate
into a cost savings. According to the January 2007 Mobile Air
Conditioning Society Worldwide (MACS) Service Report (Docket No. EPA-
HQ-OAR-2006-0428-0003), the new J2788 equipment will result in a 30 to
50% refrigerant savings because the equipment will recover more
refrigerant from an MVAC system. Recovered refrigerant can be recycled
for future use, rather than buying new refrigerant product.

III. Effective Date

    MVAC recovery/recycling equipment and MVAC recovery/recycling/
recharging equipment manufactured or imported after December 31, 2007
must be certified by an EPA-approved independent standards testing
organization to meet the specifications of Appendix C of 40 Code of
Federal Regulations, Part 82, Subpart B. As explained above, Appendix C
will now require that such equipment be certified under SAE's updated
standard J2788. EPA expects that this date provides sufficient time for
production facilities and distributors to transition to the new SAE
standards and sell most if not all of their inventory of J2210
equipment, since SAE released the new J2788 standard in October 2006.
EPA will allow sales of J2210 equipment stock manufactured before
January 1, 2008. Although certification of new equipment under SAE
standard J2788 becomes effective for equipment manufactured or imported
after December 31, 2007, EPA suggests that equipment manufacturers
transition to the new equipment standard as soon as feasible.

IV. Revision to Equipment Certification Mailing Address

    EPA Regional Offices maintain the MVAC refrigerant handling
equipment certification forms sent by equipment owners, but the current
regulations require equipment purchasers to mail the form to EPA
Headquarters. EPA Headquarters then must fax or mail every equipment
certification to the appropriate region, based on the equipment owner's
place of business. To streamline this process, EPA is amending Sec.
82.42 so that equipment owners may send their certification forms
directly to the appropriate EPA region.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
The recordkeeping and reporting requirements included in this action
are already included in an existing information collection burden. This
action does not make any changes that would affect burden. However, the
Office of Management and Budget (OMB) has previously approved the
information collection requirements contained in the existing
regulations, 40 CFR part 82, under the provisions of the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB control
number 2060-0247, EPA ICR number 1617.05. A copy of the OMB approved
Information Collection Request (ICR) may be obtained from Susan Auby,
Collection Strategies Division; U.S. Environmental Protection Agency
(2822T); 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by
calling<PHONE_NUMBER>. A copy may also BE downloaded from http://www.regulations.gov
.

    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;
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.
    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 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities
Small entities include small businesses, small organizations, and small
governmental jurisdictions. For purposes of assessing the impacts of
today's rule on small entities, small entity is defined as: (1) A small
business as defined by the Small Business Administration's (SBA)
regulations at 13 CFR 121.201; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise which is
independently owned and operated and is not dominant in its field.
    After considering the economic impacts of today's rule on small
entities, we certify that this action will not have a significant
economic impact on a substantial number of small entities. As MVAC
service shop owners replace end-of-life refrigerant handling equipment,
owners will purchase equipment certified to the new SAE standard.

 D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
    EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. Today's rule does not affect State, local, or
tribal governments. The impact of this rule on the private sector will
be less than $100 million per year. Thus, today's rule is not subject
to the requirements of sections 202 and 205 of the UMRA. EPA has
determined that this rule contains no regulatory requirements that
might significantly or uniquely affect small governments. These changes
being made by this action are to update EPA's reference to the new SAE
standards.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. The changes being made by this
action are to update EPA's reference to the new SAE standards. Thus,
Executive Order 13132 does not apply to this rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It does not
significantly or uniquely affect the communities of Indian tribal
governments, because this regulation applies directly to facilities
that use these substances and not to governmental entities. Thus,
Executive Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This rule is not subject to
Executive Order 13045 because it is based on technology performance and
not on health or safety risks.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211, ``Actions
Concerning Regulations That Significantly Affect

Energy Supply, Distribution, or Use'' (66 FR 28355 (May 22, 2001))
because it is not a significant regulatory action under Executive Order
12866.

I. National Technology Transfer and Advancement Act

    As noted in the proposed rule, Section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (``NTTAA''), Public Law
104-113, Section 12(d) (15 U.S.C. 272 note) directs EPA to use
voluntary consensus standards in regulatory activities unless to do so
would be inconsistent with applicable law or otherwise impractical.
Voluntary consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, and business
practices) that are developed or adopted by voluntary consensus
standards bodies. The NTTAA directs EPA to provide Congress, through
OMB, explanations when the Agency decides not to use available and
applicable voluntary consensus standards. This rulemaking explicitly
references technical standards; EPA uses the SAE revision versions of
J2210. These standards can be obtained from http://www.sae.org/technical/standards/
.

J. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective December 31, 2007.

List of Subjects in 40 CFR Part 82

    Environmental protection, Motor vehicle air-conditioning, Recover/
recycle equipment, Recover/recycle/recharge equipment, Reporting and
certification requirements, Stratospheric ozone layer.

    Dated: November 2, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons set out in the preamble, 40 CFR Part 82 is amended as
follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

0
1. The authority citation for part 82 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7601, 7671-7671q.

Subpart B--Servicing of Motor Vehicle Air Conditioners

0
2. Section 82.34 is amended by adding a new paragraph (e) to read as
follows:

Sec.  82.34  Prohibitions and required practices.

* * * * *
    (e) Refrigerant handling equipment manufactured or imported for use
during the maintenance, service or repair of MVACs for consideration
cannot be introduced into interstate commerce unless meeting the
requirements of Sec.  82.36.

0
3. Section 82.36 is amended by revising the section heading and
paragraph (a)(4) to read as follows:

Sec.  82.36  Approved refrigerant handling equipment.

    (a) * * *
    (4) Effective January 1, 2008, equipment that recovers and recycles
HFC-134a refrigerant and equipment that recovers and recycles HFC-134a
refrigerant and recharges systems with HFC-134a refrigerant must meet
the standards set forth in Appendix C of this subpart based upon
J2788--HFC-134a (R-134a) Recovery/Recycling Equipment and Recovery/
Recycling/Recharging for Mobile Air-Conditioning Systems.
* * * * *

0
4. Section 82.42 is amended by revising paragraph (a)(1)(iii) to read
as follows:

Sec.  82.42  Certification, recordkeeping and public notification
requirements.

    (a) * * *
    (1) * * *
    (iii) The manufacturer name and equipment model number, the date of
manufacture, and the serial number of the equipment. The certification
must also include a statement that the equipment will be properly used
in servicing motor vehicle air conditioners, that each individual
authorized by the purchaser to perform service is properly trained and
certified in accordance with Sec.  82.40, and that the information
given is true and correct.
    (A) Owners or lessees of recycling or recovery equipment having
their places of business in Connecticut, Maine, Massachusetts, New
Hampshire, Rhode Island, Vermont must send their certifications to: CAA
section 609 Enforcement Contact; EPA Region I; Mail Code SEA; JFK
Federal Building; One Congress Street, Suite 1100; Boston, MA 02114-
2023.
    (B) Owners or lessees of recycling or recovery equipment having
their places of business in New York, New Jersey, Puerto Rico, Virgin
Islands must send their certifications to: CAA section 609 Enforcement
Contact; EPA Region II (2DECA-AC); 290 Broadway, 21st Floor; New York,
NY 10007-1866.
    (C) Owners or lessees of recycling or recovery equipment having
their places of business in Delaware, District of Columbia, Maryland,
Pennsylvania, Virginia, West Virginia must send their certifications
to: CAA section 609 Enforcement Contact; EPA Region III--Wheeling
Operations Office; Mail Code 3AP12; 303 Methodist Building; 11th and
Chapline Streets; Wheeling, WV 26003.
    (D) Owners or lessees of recycling or recovery equipment having
their places of business in Alabama, Florida, Georgia, Kentucky,
Mississippi, North Carolina, South Carolina, Tennessee must send their
certifications to: CAA section 609 Enforcement Contact; EPA Region IV
(APT-AE); Atlanta Federal Center; 61 Forsyth Street, SW.; Atlanta, GA
30303.
    (E) Owners or lessees of recycling or recovery equipment having
their places of business in Illinois, Indiana, Michigan, Minnesota,
Ohio, Wisconsin must send their certifications to: CAA section 609
Enforcement Contact, EPA Region V (AE17J); 77 West Jackson Blvd.;
Chicago, IL 60604-3507.
    (F) Owners or lessees of recycling or recovery equipment having
their places of business in Arkansas, Louisiana, New Mexico, Oklahoma,
Texas must send their certifications to: CAA section 609 Enforcement
Contact; EPA Region VI (6EN-AA); 1445 Ross Avenue, Suite 1200; Dallas,
Texas 75202.
    (G) Owners or lessees of recycling or recovery equipment having
their places of business in Iowa, Kansas, Missouri, Nebraska must send
their certifications to: CAA section 609 Enforcement Contact; EPA
Region VII; Mail Code APCO/ARTD; 901 North 5th Street; Kansas City, KS
66101.
    (H) Owners or lessees of recycling or recovery equipment having
their places of business in Colorado, Montana, North Dakota, South
Dakota, Utah, Wyoming

must send their certifications to: CAA section 609 Enforcement Contact,
EPA Region VIII, Mail Code 8ENF-T, 999 18th Street, Suite 500, Denver,
CO 80202-2466.
    (I) Owners or lessees of recycling or recovery equipment having
their places of business in American Samoa, Arizona, California, Guam,
Hawaii, Nevada must send their certifications to: CAA section 609
Enforcement Contact; EPA Region IX; Mail Code AIR-5; 75 Hawthorne
Street; San Francisco, CA 94105.
    (J) Owners or lessees of recycling or recovery equipment having
their places of business in Alaska, Idaho, Oregon, Washington must send
their certifications to: CAA section 609 Enforcement Contact; EPA
Region X (OAQ-107); 1200 Sixth Avenue; Seattle, WA 98101.
* * * * *

Subpart B--Servicing of Motor Vehicle Air Conditioners

0
5. Appendix C to Subpart B is revised to read as follows:

Appendix C to Subpart B of Part 82--SAE J2788 Standard for Recovery/
Recycle and Recovery/Recycle/Recharging Equipment for HFC-134a
Refrigerant

Foreword

    This Appendix establishes the specific minimum equipment
requirements for the recovery/recycling of HFC-134a that has been
directly removed from, and is intended for reuse in, mobile air-
conditioning systems and recovery/recycling and system recharging of
recycled, reclaimed or virgin HFC-134a. Establishing such
specifications will ensure that system operation with recycled HFC-
134a will provide the same level of performance and durability as
new refrigerant.

1. Scope

    The purpose of this SAE Standard is to establish the specific
minimum equipment performance requirements for recovery and
recycling of HFC-134a that has been directly removed from, and is
intended for reuse in, mobile air-conditioning (A/C) systems. It
also is intended to establish requirements for equipment used to
recharge HFC-134a to an accuracy level that meets Section 9 of this
document and SAE J2099. The requirements apply to the following
types of service equipment and their specific applications.
    a. Recovery/Recycling Equipment,
    b. Recovery/Recycling--Refrigerant Charging,
    c. Refrigerant Recharging Equipment Only.
    1.1 Improved refrigerant recovery equipment is required to
ensure adequate refrigerant recovery to reduce emissions and provide
for accurate recharging of mobile air conditioning systems.
Therefore, 12 months following the publication date of this
standard, requirements in this standard supplements and supersedes,
SAE J2210.

2. References

2.1 Applicable Publications

    The following publications form a part of this specification to
the extent specified herein. Unless otherwise indicated, the latest
issue of SAE publications shall apply.

2.1.1 SAE Publications

    Available from SAE, 400 Commonwealth Drive, Warrendale, PA
15096-0001, Tel:<PHONE_NUMBER> (inside USA and Canada) or 724-776-
4970 (outside USA), http://www.sae.org.

SAE J2099 Standard of Purity for Recycled HFC-134a (R-134a) for Use in
Mobile Air-Conditioning Systems

SAE J2196 Service Hoses for Automotive Air-Conditioning

SAE J2197 Service Hose Fittings for Automotive Air-Conditioning

SAE J2296 Retest of Refrigerant Container

2.1.2 CGA Publications

    Available from CGA, 4221 Walney Road, 5th Floor, Chantilly VA
20151-2923, Tel:<PHONE_NUMBER>, http://www.cganet.com.

CGA Pamphlet S-1.1 Pressure Relief Device Standard Part 1--Cylinders
for Compressed Gases 2.1.3 DOT Publications

    Available from the Superintendent of Documents, U.S. Government
Printing Office, Mail Stop: SSOP, Washington, DC 20402-9320.

OT Standard, CFR Title 49, Section 173.304 Shippers--General
Requirements for Shipments and Packagings

2.1.4 UL Publications

    Available from Underwriters Laboratories Inc., 333 Pfingsten
Road, Northbrook, IL 60062-2096, Tel:<PHONE_NUMBER>, http://www.ul.com
.

UL 1769 Cylinder Valves

UL 1963 Refrigerant Recovery/Recycling Equipment

3. Specification and General Description

    3.1 The equipment must be able to remove and process HFC-134a
(R-134a) from mobile A/C systems to the purity level specified in
SAE J2099.
    3.2 The equipment shall be suitable for use in an automotive
service garage environment and be capable of continuous operation in
ambients from 10 [deg]C to 49 [deg]C (50 [deg]F to 120 [deg]F). If
it is designed to recharge a system, and it uses a scale for this
purpose, the scale must demonstrate the ability to maintain accuracy
per the test in 10.2.
    3.3 The equipment must be certified that it meets this
specification by an EPA listed certifying laboratory.
    3.4 The equipment shall have a label, which states, ``Certified
by (Certifying Agent) to Meet SAE J2788 superseding SAE J2210'' in
bold-type letters a minimum of 3 mm (\1/8\ in) in height.

4. Refrigerant Recycling Equipment Requirements

4.1 Moisture and Acid

    The equipment shall incorporate a desiccant package that must be
replaced before saturation with moisture, and whose mineral acid
capacity is at least 5% by weight of the dry desiccant.
    4.1.1 The equipment shall be provided with a means of indicating
when the filter desiccant moisture capacity has reached the
allowable limit and desiccant replacement is required. This may
include a reliable means of detecting moisture level or an algorithm
based on the amount refrigerant recovered. The user must be clearly
alerted to replace the filter prior to the full saturation. Warnings
shall be displayed on screens and (printed on printouts where
applicable). The warnings must explain that the machine is
approaching the end of filter life. The manufacturer must
incorporate a lockout when the end of filter life is reached.
    4.1.2 The manufacturer shall use an identification system to
ensure that a new filter has been installed to reset the machine for
operation.

4.2 Filter

    The equipment shall incorporate an in-line filter that will trap
particulates of 15 micron spherical diameter or greater.

4.3 Scale (if used)

    The scale must maintain accuracy when moved, as per the test in
Section 10.

4.4 Purging Noncondensable Gases

    4.4.1 The equipment shall automatically purge noncondensables
(NCGs), which are primarily air, if the acceptable level is
exceeded. NCG removal must be part of the normal operation of the
equipment and instructions must be provided to enable the task to be
accomplished within 30 min (to reach the refrigerant purity level
specified in SAE J2099).
    4.4.2 Refrigerant loss from noncondensable gas purging during
the testing described in Section 8 shall be minimized by a method
that initiates a purge when the machine has not been in use for a
period long enough for air-refrigerant separation in the tank to
have occurred.

4.5 Recharging and Transfer of Recycled Refrigerant

    Recycled refrigerant for recharging and transfer shall be taken
from the liquid phase only.

5. Safety Requirements

    5.1 The equipment must comply with applicable federal, state,
and local requirements on equipment related to handling HFC-134a
material. Safety precautions or notices related to safe operation of
the equipment shall be prominently displayed on the equipment and
should also state ``CAUTION--SHOULD BE OPERATED BY QUALIFIED
PERSONNEL.''
    5.2 Under NO CIRCUMSTANCES should any equipment be pressure
tested or leak tested with air/HFC-134a mixtures.
    Do not use compressed air (shop air) or leak detection in
systems containing HFC-134a.

6. Operating Instructions

    6.1 The equipment manufacturer shall provide a warning in the
instruction manual regarding the possibility of refrigerant
contamination in the mobile A/C system being serviced.
    6.1.1 If recovery/recycle equipment has refrigerant
identification equipment, the refrigerant identification equipment
shall meet the requirements of SAE J1771.
    6.1.2 Recovery/recycling equipment not having refrigerant
identification capability shall have instructions in the equipment
manual covering possible contamination problems to the equipment and
the contamination of the existing recycled refrigerant in the
container in the equipment.
    6.2 The equipment manufacturer must provide operating
instructions, including proper attainment of vehicle system vacuum
(i.e., when to stop the extraction process), filter/desiccant
replacement, and purging of noncondensable gases (air). Also to be
included are any other necessary maintenance procedures, source
information for replacement parts and, repair and safety
precautions.
    6.2.1 The manual shall identify the proper maintaining of hose
and seals to prevent the addition of excess air, due to leaks,
during the recovery process, which would increase the NCG level in
the recovered refrigerant.
    6.3 The equipment must prominently display the manufacturer's
name, address, the type of refrigerant it is designed to recycle, a
service telephone number, and the part number for the replacement
filter/drier.

7. Functional Description

    The ability of the equipment to meet the refrigerant recovery
and recharge specifications of this section shall be determined by
the test procedures of Section 10.
    7.1 The equipment must be capable of continuous operation in
ambient temperatures of 10 [deg]C (50 [deg]F) to 49 [deg]C (120
[deg]F). Continuous is defined as completing recovery/recycle and
recharge (if applicable) operations with no more than a brief reset
period between vehicles, and shall not include time delays for
allowing a system to outgas (which shall be part of the recovery
period provided by this standard). Continuous may include time out
for an air purge if necessary, although it is understood that
extended equipment-off time is preferred to allow NCG and
refrigerant separation in the supply tank for optimum results.
    7.1.1 The equipment shall be capable of removing a minimum of
95.0% of the refrigerant from the test system in 30 minutes or less,
without external heating, or use of any device (such as shields,
reflectors, special lights, etc.) which could heat components of the
system. The recovery procedures shall be based on 21 to 24 [deg]C
(70 to 75 [deg]F) ambient temperature. The test system for
qualifying shall be a 1.4 kg (3.0 lbs) capacity orifice tube/
accumulator system in a 2005 Chevrolet Suburban with front and rear
A/C, or the test option described in 10.5, and shall be determined
by accurately weighing the recovery machine with the resolution and
accuracy of within 3 g (.006 lb) in the range of the machine's
weight. The laboratory shall maintain records of the vehicle,
including its VIN (vehicle identification number).
    7.1.2 However, the preceding shall not preclude a brief period
of engine operation at fast idle (up to 15 minutes, up to 2000 rpm)
to circulate refrigerant and oil, and provide some engine and warm-
up of A/C refrigeration components. The laboratory shall monitor
coolant temperature per the vehicle engine coolant temperature
sensor, and coolant temperature shall not be allowed to exceed 105
[deg]C (221 [deg]F). The time required shall not be included in the
total time of 30 minutes set forth in 7.1.1.
    7.1.3 The refrigerant that is recovered, following oil
separation, shall be measured and the quantity displayed, accurate
to within 30 g (1.0 oz). The equipment must include a
provision for checking the accuracy, per the requirements of 9.1.
    7.2 During recovery operation, the equipment shall provide
overfill protection to assure that the liquid fill of the storage
container (which may be integral or external) does not exceed 80% of
the tank's rated volume at 21 [deg]C per Department of
Transportation (DOT) Standard, CFR Title 49, Section 173.304 and the
American Society of Mechanical Engineers.
    7.3 Portable refillable tanks or containers used in conjunction
with this equipment must be labeled ``HFC-134a (R-134a),'' meet
applicable Department of Transportation (DOT) or Underwriters
Laboratories (UL) Standards, and shall incorporate fittings per SAE
J2197.
    7.3.1 The cylinder valve shall comply with the standard for
cylinder valves, UL 1769.
    7.3.2 The pressure relief device shall comply with the Pressure
Relief Device Standard Part 1--Cylinders for Compressed Gases, CGA
Pamphlet S-1.1.
    7.3.3 The tank assembly shall be marked to indicate the first
retest date, which shall be 5 years after the date of manufacture.
The marking shall indicate that retest must be performed every
subsequent 5 years. SAE J2296 provides an inspection procedure. The
marking shall be in letters at least 6 mm (\1/4\ in) high.
    7.3.4 ASME tanks as defined in UL-1963 may be used and are
exempt from the retest requirements.
    7.3.5 If the machine is designed for recharging, and the
marketer permits use of a non-refillable refrigerant tank, the
machine shall include a way to ensure refrigerant remaining in the
tank (called the ``heel'') to no more than 2% of tank rated capacity
when the tank is indicated to be empty. This may be done by the
machine marketer as follows:
     Specify a non-venting procedure, to minimize the amount
of unused refrigerant remaining in the tank. The machine shall
include any devices required for the procedure, other than ordinary
service shop tools and supplies, and include in the operator's
manual, any instructions.
     Provide an automatic or (with instructions in the
operator's manual) semi-automatic non-venting procedure with the
machine.
    The laboratory shall test for the 2% capability. For testing
purposes it may use a refillable tank, minimum 15 lb capacity (6.8
kg) containing a minimum of 7.5 lbs (3.4 kg) refrigerant. The test
is as follows:
    a. Weigh the tank at the start of the test, on a scale accurate
to plus/minus 3 grams, to ensure it contains sufficient refrigerant.
    b. Operate the machine to remove refrigerant from the tank,
charging into a holding container until the tank is indicated to be
empty. Continue with the marketer's recommended procedure for the 2%
capability.
    c. Weigh the tank, on a scale accurate to plus/minus 3 grams.
    d. Using the recovery compressor and/or a vacuum pump, draw the
tank into a vacuum of 9 to 10 inches Mercury (225 to 250 mm
Mercury). The tank must hold that vacuum with a decay of less than
10% in 10 minutes. If vacuum decays 10% or more, the procedure shall
be repeated as necessary to ensure the tank is empty.
    e. Weigh the tank on a scale accurate to plus/minus 3 grams. The
difference in weight from Steps 3 to 5 shall be within 2% of the
weight of the amount of refrigerant that is the tanks rated
capacity.
    f. This test may be performed at the conclusion of testing in
10.4 or 10.5. If the machine passes or has passed all other testing
in this standard, the marketer may make modifications in procedure
and/or machine operation and retest once at a later date, within 90
days. If the machine fails the retest, the machine must be
completely retested per this standard, or may be certified per the
following alternative. The marketer of the machine may specify use
of a non-refillable refrigerant tank that provides for recycling
and/or disposal of the residual refrigerant, in either case in a
manner that does not vent. Or the marketer may exclude use of a one-
way container, in the machine's operating instructions.
    7.4 All flexible hoses must comply with SAE J2196.
    7.5 Service hoses must have shutoff devices located at the
connection point to the system being serviced. Any hoses or lines
connected to refrigerant containers on or in the machine also shall
have shutoff devices at the connection points, so that the
containers may be changed without loss of refrigerant. A tank that
is a permanent installation is exempt from this requirement.
    7.6 The equipment shall separate oil from the refrigerant,
measure the amount accurate to 20 ml (0.7 oz.), so the technician
has an accurate basis for adding oil to the system.
    7.6.1 This statement shall be predominately identified in the
equipment service manual.

    Note: Use only new lubricant to replace the amount removed
during the recycling process. Used lubricant should be discarded per
applicable federal, state and local requirements.

8. Testing

    This test procedure and its requirements are to be used to
determine the ability of the recycling equipment to adequately
recycle contaminated refrigerant.
    8.1 The equipment shall be able to clean the contaminated
refrigerant in Sec.  8.3 to the purity level defined in SAE J2099.

    8.2 The equipment shall be operated in accordance with the
manufacturer's operating instructions.

8.3 Contaminated HFC-134a (R-134a) Sample

    8.3.1 The standard contaminated refrigerant shall consist of
liquid HFC-134a with 1300 ppm (by weight) moisture (equivalent to
saturation at 38 [deg]C, 100 [deg]F), 45000 ppm (by weight) HFC-134a
compatible lubricant, and 1000 ppm (by weight) of noncondensable
gases (air).
    <IP_ADDRESS> The HFC-134a compatible lubricant referred to in 8.3.1,
shall be polyalkylene glycol (PAG), ISO 100 such as UCLN or PAG ISO
46-55, such as Idemitsu or equivalent, which shall contain no more
than 1000 ppm by weight of moisture.
    <IP_ADDRESS> Although the test lubricant is a PAG, to conform to that
used in the test vehicle system, the equipment manufacturer also
shall ensure that it is compatible with polyol ester lubricant, such
as ND 11 as used in electrically driven compressors in some hybrid
vehicles.

8.4 Test Cycle

    8.4.1 The equipment must be preconditioned by processing 13.6 kg
(30 lb) of the standard contaminated HFC-134a at an ambient of 21 to
24 [deg]C (70 to 75 [deg]F) before starting the test cycle. 1.13 kg
(2.56 lb) samples are to be processed at 5 min intervals. The test
fixture, depicted in Figure 1, shall be operated at 21 to 24 [deg]C
(70 to 75 [deg]F).
BILLING CODE 6560-50-P
[GRAPHIC] [TIFF OMITTED] TR09NO07.001

BILLING CODE 6560-50-C
    8.4.2 Following the preconditioning procedure per 8.4.1, 18.2 kg
(40 lb) of standard contaminated HFC-134a are to be processed by the
equipment.

8.5 Sample Requirements

    8.5.1 Samples of the standard contaminated refrigerant from
8.3.1 shall be processed as required in 8.6 and shall be analyzed
after said processing as defined in 8.7, 8.8, and 8.9. Note
exception for noncondensable gas determination in 8.9.4.

8.6 Equipment Operating Ambient

    8.6.1 The HFC-134a is to be cleaned to the purity level, as
defined in SAE J2099, with the equipment operating in a stable

ambient of 10, 21, and 49 [deg]C (50, 70 and 120 [deg]F) while
processing the samples as defined in 8.4.

8.7 Quantitative Determination of Moisture

    8.7.1 The recycled liquid phase sample of HFC-134a shall be
analyzed for moisture content via Karl Fischer coulometric
titration, or an equivalent method. The Karl Fischer apparatus is an
instrument for precise determination of small amounts of water
dissolved in liquid and/or gas samples.
    8.7.2 In conducting this test, a weighed sample of 30 to 130 g
is vaporized directly into the Karl Fischer anolyte. A coulometric
titration is conducted and the results are reported as parts per
million moisture (weight).
    8.8 Determination of Percent Lubricant 8.8.1 The amount of
lubricant in the recycled HFC-134a sample shall be determined via
gravimetric analysis. The methodology must account for the
hygroscopicity of the lubricant.
    8.8.2 Following venting of noncondensable gases in accordance
with the manufacturer's operating instructions, the refrigerant
container shall be shaken for 5 min prior to extracting samples for
testing.
    8.8.3 A weighed sample of 175 to 225 g of liquid HFC-134a is
allowed to evaporate at room temperature. The percent lubricant is
calculated from weights of the original sample and the residue
remaining after evaporation.

8.9 Noncondensable Gases--Testing for Amount

    8.9.1 The amount of noncondensable gases shall be determined by
gas chromatography. A sample of vaporized refrigerant liquid shall
be separated and analyzed by gas chromatography. A Porapak Q column
at 130 [deg]C (266 [deg]F) and a hot wire detector may be used for
the analysis.
    8.9.2 This test shall be conducted on liquid phase samples of
recycled refrigerant taken from a full container as defined in 7.2
within 30 min following the proper venting of noncondensable gases.
    8.9.3 The liquid phase samples in 8.9.2 shall be vaporized
completely prior to gas chromatographic analysis.
    8.9.4 This test shall be conducted at 10 and 49 [deg]C (50 and
120 [deg]F) and may be performed in conjunction with the testing
defined in 8.6. The equipment shall process at least 13.6 kg (30 lb)
of standard contaminated refrigerant for this test.
    8.9.5 The equipment shall be capable of charging refrigerant
into systems with various lubrication types and shall deliver less
than 1% by weight residual oil during system charge if the machine
permits oil charging with refrigerant (due to residual oil in the
service hoses and recovery unit refrigerant circuit from prior
recovery, diagnostics and oil injection. This shall be determined
during SAE J2099 testing.)

9. Recharging the System

    9.1 It is the responsibility of the equipment manufacturer to
ensure that the vacuum removal performance leaves the system 98%
free of NCGs before recharging, following recovery and recycle under
the provisions of this document.
    The equipment must be capable of both indicating and recharging
the system to within 15 g (0.50 oz) of vehicle manufacturer's
specifications. The laboratory shall test for this capability by
choosing a charge amount that is within the range of the vehicle
manufacturer's specifications. The equipment must indicate and
charge the system with that chosen amount, within 15 g
(0.5 oz).
    Example: If 500 g is chosen, the actual and indicated charge
must be 485 to 515 g, with any difference between actual and
indicated charge within the laboratory scale accuracy requirements
of this standard. If a scale is used in the machine, the equipment
manufacturer shall provide a method or service for the technician to
check scale accuracy, and include any necessary accuracy-checking
device (such as a calibration weight(s)) with the machine. If a mass
flow system is used for charge determination, it must maintain
accuracy equal to the 15 g (0.50 oz) specification. The equipment
manufacturer shall provide a method for checking accuracy and
include any necessary accuracy testing device(s) with the machine.
If the accuracy testing device(s) for a scale or mass flow machine
includes a consumable, the manufacturer shall include a quantity of
replacement or refill devices for five years of periodic testing as
recommended.
    9.2 If any other system is used for charge determination, such
as a positive displacement pump, the equipment manufacturer shall
provide a method and any needed device(s) to check accuracy that is/
are appropriate for its method of operation, including any
temperature-compensating trim if used.

10. Equipment Test Procedure by Laboratory for Recovery/Recycling and
Recovery/Recycling/Recharging Machines

    10.1 Preliminary: Ambient (in shop) temperature shall be 21 to
24 [deg]C (70 to 75 [deg]F). Test vehicle shall be ``overnight
cold'' (not run for at least eight hours).
    10.2 The machine must have a self-contained provision for
checking accuracy of the indicated amount of refrigerant recovered
in liquid or vapor or mixture form(s) from a vehicle system and (if
applicable) charged into a vehicle, and adjusting if necessary, to
meet requirements of 9.1, 9.2. Therefore: If the machine uses a
scale for that purpose, check the accuracy of that scale and make
any adjustment if necessary. If an alternative method of measuring
refrigerant is used, follow the equipment manufacturer's procedure
for ensuring accuracy. Next, move the machine, such as by rolling
it, along the floor, a minimum of 20 feet (6.1 meters) within 10
seconds. Follow with the test procedure in 10.3, then 10.4 or 10.5.

10.3 Test Procedure

    If desired, this test procedure may be preceded by engine/system
operation for up to 15 minutes, up to 2000 rpm.
    1. You must start with an empty system, using this method: (a)
Operate machine to recover refrigerant, per equipment manufacturer's
instructions. (b) Deep-vacuum system to a minimum of 710 mm (28 in)
of mercury. (c) Monitor vacuum for decay, checking every 20 minutes.
If decay exceeds 75 mm (3 in), deep vacuum the system again. When
system holds 710 mm (28 in) +0/-75 mm (3 in) of mercury vacuum for
three hours, it is considered empty.
    2. Place machine on a platform scale with the capacity to weigh
the recovery/recycle/recharge machine, and with the resolution and
accuracy of within 3 g (.006 lb) in the range of the
machine's weight. Weight should include the machine's service hoses
draped over the machine, and with the machine's oil reservoir
removed. If necessary to add oil to vehicle system as a result of a
system operation preparatory to the recovery process, inject the
needed quantity through the service valve at this time.
    3. Record weight of machine in as weight A.
    4. Reconnect service hoses to the test vehicle.
    5. Follow the equipment manufacturer's specified procedure for
charging the vehicle manufacturer's recommended amount of
refrigerant into the system. Note: if this does not apply to the
machine under test, i.e. a recovery/recycling only machine, the use
of charging equipment that meets this standard and the platform
scale shall be used to verify the accuracy of the charge.
    6. Disconnect the service hoses from the test vehicle and drape
them on the machine. Check and record the weight of the machine.
Record this weight as weight B. The difference between weight A and
weight B should be equal to the recommended charge that was
installed per the machine's display, within 15 g (0.5 oz). If the
difference is greater than 15 g (3 g), the machine fails
the charge accuracy test, and no other tests shall be performed at
that time. The manufacturer must document changes made to improve
accuracy and furnish them to the laboratory prior to a new test.
Exception: If the maximum deviation is no more than a total of 20 g,
the calibration of the scale or other measuring system may be
rechecked and readjusted once, and the entire test repeated just
once.

10.4 Recovery Test Using a Vehicle

    1. Following a successful system charge, the system and engine
shall be run for 15 minutes at 2000 rpm to circulate oil and
refrigerant, following which engine and system shall rest for eight
hours. Then the laboratory may begin the recovery test. If the
machine manufacturer specifies, operate the engine/system for up to
15 minutes, at up to 2000 rpm, then shut off engine/system.
    2. If the machine has an automatic air purge, disable it. Check
the weight of the machine with the platform scale (service hoses
draped over machine, oil reservoir removed). Record the number as
Weight C. Reinstall oil reservoir if it had been removed in the
recovery procedure.
    3. Start timer. Connect service hoses to system of test vehicle
and perform recovery per the equipment manufacturer's instructions.
The vehicle system service valves' cores must remain in the fittings
for this procedure.
    4. When recovery is completed, including from service hoses if
that is part of the recommended procedure, disconnect hoses and
drape over machine. Stop timer. The

elapsed time shall be 30.0 minutes or less. If it is in excess of
this time, the machine fails the test and no retest is allowed. The
manufacturer must document changes made to the machine to improve
its performance before a new test is allowed, and furnish them to
the laboratory.
    5. If the recovery is completed in no more than the 30.0
minutes, measure the oil level in the reservoir, remove the
reservoir and then determine the amount of refrigerant recovered, as
detailed in Nos. 6 and 7: As measured by the machine and also by
noting the weight of the platform scale, which shall be recorded as
Weight D.
    6. The platform scale shall indicate that a minimum of 95% of
the amount charged into the system has been recovered. If the
platform scale indicates a lower percentage has been recovered, the
machine fails the recovery test.
    7. The machine display shall indicate that a minimum of 95.0% of
the amount charged into the system has been recovered, within a
tolerance of 30 g (1 oz) when compared with the platform
scale (Weight D minus Weight C). The 30 g (1 oz) tolerance may
produce a machine display reading that is below the 95.0% recovery.
If a greater difference between machine and platform scale occurs,
the machine fails the recovery test.

10.5 Recovery Test Fixture Test Option

    If an equipment manufacturer chooses, as an alternative to the
actual vehicle, it may certify to SAE J2788 with a laboratory
fixture that is composed entirely of all the original equipment
parts of a single model year for the 3.0 lb capacity front/rear A/C
system in the 2005-07 Chevrolet Suburban. All parts must be those
OE-specified for one model year system and no parts may be
eliminated or bypassed from the chosen system, or reproduced by a
non-OE source. No parts may be added and/or relocated from the OE
position in the 2005-07 Suburban. No parts may be modified in any
way that could affect system performance for testing under this
standard, except adding refrigerant line bends and/or loops to make
the system more compact. Reducing the total length of the lines,
however, is not permitted. The fixture system shall be powered by an
electric motor, run at a speed not to exceed 2000 rpm, and for this
test option, no system warm-up or equivalent procedure may be used.
The certifying laboratory shall maintain records of all parts
purchased, including invoices and payments. The assembly of the
parts shall, as an outside-the-vehicle package, duplicate the OE
system and its routing, including bends, except for permitted
additions of bends and/or loops in refrigerant lines. Aside from the
absence of engine operation and the limitations posed by the
standard and the use of the electric motor, the test shall otherwise
be the same as the test on the Suburban, including test temperature.

[FR Doc. E7-21943 Filed 11-8-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 174 (Wednesday, September 9, 2015)]
[Notices]
[Pages 54351-54352]
[FR Doc No: 2015-22608]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-75817; File No. SR-NASDAQ-2015-075]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Designation of a Longer Period for Commission Action on
Proposed Rule Change Relating to the Listing and Trading of Shares of
the First Trust SSI Strategic Convertible Securities ETF of First Trust
Exchange-Traded Fund IV

September 2, 2015.
    On July 2, 2015, the NASDAQ Stock Market LLC filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
the shares of the First Trust SSI Strategic Convertible Securities ETF
of First Trust Exchange-

Traded Fund IV under Nasdaq Rule 5735 (``Managed Fund Shares''). The
proposed rule change was published for comment in the Federal Register
on July 20, 2015.\3\ The Commission received no comment letters on the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 75447 (July 14,
2015), 80 FR 42847.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that, within 45 days of
the publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
Commission is extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change.
Accordingly, the Commission, pursuant to Section 19(b)(2) of the
Act,\5\ designates October 16, 2015, as the date by which the
Commission should either approve or disapprove or institute proceedings
to determine whether to disapprove the proposed rule change (File
Number SR-NASDAQ-2015-075).
---------------------------------------------------------------------------

    \5\ Id.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-22608 Filed 9-8-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10196-10198]
[FR Doc No: 2015-03815]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74307; File No. SR-MIAX-2015-11]

Self-Regulatory Organizations; Miami International Securities
Exchange LLC; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change To Extend the Pilot Period Applicable to Rule 530
Relating To Limit Up/Limit Down

February 19, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 18, 2015, Miami International Securities Exchange LLC
(``MIAX'' or ``Exchange'') filed with the Securities and Exchange
Commission (``Commission'') the proposed rule change as described in
Items I and II below, which Items have been prepared by the Exchange.
The Commission is publishing this notice to

solicit comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 530 to
extend the pilot period for the treatment of erroneous transactions
during a Limit or Straddle State.
    The text of the proposed rule change is available on the Exchange's
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at
MIAX's principal office, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend Rule 530 (Limit Up-Limit Down) in
order to extend the pilot period for the treatment of erroneous
transactions that occur in a Limit or Straddle State until October 23,
2015.
    Exchange Rule 530(j) provides for the treatment of erroneous
transactions occurring during Limit and Straddle States. Specifically,
once an NMS Stock has entered a Limit or Straddle State, the Exchange
will nullify a transaction in an option overlying such an NMS Stock as
provided in the Rule 530(j). This provision was adopted for a one year
pilot period beginning on the date of the implementation of the Plan to
Address Extraordinary Market Volatility Pursuant to Rule 608 of
Regulation NMS, April 8, 2013.\3\ The Exchange previously extended the
pilot period for Rule 530(j) until February 20, 2015.\4\ The Exchange
now proposes to extend the pilot period for Rule 530(j) until October
23, 2015 in order to allow the Exchange and the Commission additional
time to collect and analyze data regarding the impact of Rule 530(j) on
liquidity and market quality in the options markets.
---------------------------------------------------------------------------

    \3\ See Exchange Rule 503(j). See also Securities Exchange Act
Release Nos. 69210 (March 22, 2013), 78 FR 18637 (March 27, 2013)
(SR-MIAX-2013-12); 69342 (April 8, 2013), 78 FR 22017 (April 12,
2013) (SR-MIAX-2013-12); 69234 (March 25, 2013), 78 FR 19344 (March
29, 2013) (SR-MIAX-2013-15); 69354 (April 9, 2013), 78 FR 22357
(April 15, 2013) (SR-MIAX-2013-15).
    \4\ See Securities Exchange Act Release No. 71881 (April 4,
2014), 79 FR 19956 (April 10, 2014) (SR-MIAX-2014-14).
---------------------------------------------------------------------------

    To assist the Commission in its analysis, the Exchange will provide
the Commission and the public with data and analysis during the
duration of the pilot in order to evaluate the impact of Limit and
Straddle States on liquidity and market quality in the options markets.
Specifically, by May 29, 2015, the Exchange represents that it shall
provide the Commission and the public assessments relating to the
impact of the obvious error Rules during Limit and Straddle States that
(i) evaluate the statistical and economic impact of Limit and Straddle
States on liquidity and market quality in the options markets; and (ii)
assess whether the lack of obvious error rules in effect during the
Straddle and Limit States are problematic. Additionally, each month
during the pilot period the Exchange shall provide to the Commission
and the public a dataset containing the data for each Straddle and
Limit State in optionable stocks. For each stock that reaches a
Straddle or Limit State, the number of options included in the dataset
can be reduced by selecting options in which at least one (1) trade
occurred on the Exchange during the Straddle or Limit State. For each
of those options affected, each data record should contain the
following information: (i) Stock symbol, option symbol, time at the
start of the straddle or limit state, an indicator for whether it is a
straddle or limit state; and (ii) for activity on the exchange--(A)
executed volume, time-weighted quoted bid-ask spread, time-weighted
average quoted depth at the bid, time-weighted average quoted depth at
the offer, (B) high execution price, low execution price, (C) number of
trades for which a request for review for error was received during
Straddle and Limit States, (D) an indicator variable for whether those
options outlined above have a price change exceeding 30% during the
underlying stock's Limit or Straddle state compared to the last
available option price as reported by OPRA before the start of the
Limit or Straddle state (1 if observe 30% and 0 otherwise) and another
indicator variable for whether the option price within five minutes of
the underlying stock leaving the Limit or Straddle state (or halt if
applicable) is 30% away from the price before the start of the Limit or
Straddle state.
2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with
Section 6(b) of the Act \5\ in general, and furthers the objectives of
Section 6(b)(5) of the Act \6\ in particular, in that it is designed to
prevent fraudulent and manipulative acts and practices, to promote just
and equitable principles of trade, to foster cooperation and
coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanisms of a
free and open market and a national market system and, in general, to
protect investors and the public interest. Specifically, the proposal
supports the objectives of perfecting the mechanism of a free and open
market and the national market system because it promotes uniformity
across markets concerning when and how to halt trading in all stock
options as a result of extraordinary market volatility. In addition,
the Exchange believes that the extension of the pilot will help ensure
that market participants continue to benefit from the protections of
the Limit Up-Limit Down Rules which will protect investors and the
public interest while allowing the Exchange and the Commission
additional time to collect and analyze data regarding the impact of
Rules on liquidity and market quality in the options markets.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. The proposed changes are
being made to extend the pilot program that provides for how the
Exchange shall treat orders and quotes in options overlying NMS stocks
when the Limit Up-Limit Down Plan is in effect and will not impose any
burden on competition while providing certainty of treatment and
execution of options orders during periods of extraordinary volatility
in the underlying NMS stock, and facilitating appropriate liquidity
during a Limit State or Straddle State.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not (i) significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate if consistent with the protection of investors
and the public interest, the proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \7\ and Rule 19b-
4(f)(6)(iii) thereunder.\8\
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A).
    \8\ 17 CFR 240.19b-4(f)(6)(iii). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the text of the proposed rule change, at least
five business days prior to the date of filing of the proposed rule
change, or such shorter time as designated by the Commission.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest,
as it will allow the obvious error pilot program to continue
uninterrupted while the industry gains further experience operating
under the Plan to Address Extraordinary Market Volatility, and avoid
any investor confusion that could result from a temporary interruption
in the pilot program. For this reason, the Commission designates the
proposed rule change to be operative upon filing.\9\
---------------------------------------------------------------------------

    \9\ For purposes only of waiving the 30-day operative delay, the
Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-MIAX-2015-11 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-MIAX-2015-11. This file
number should be included on the subject line if email is used. To help
the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-MIAX-2015-11, and should be
submitted on or before March 18, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-03815 Filed 2-24-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 209 (Tuesday, October 31, 2017)]
[Rules and Regulations]
[Page 50315]
[FR Doc No: 2017-23608]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2017-1012]

Drawbridge Operation Regulation; China Basin, San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

-----------------------------------------------------------------------

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the 3rd Street Drawbridge across China
Basin, mile 0.0 at San Francisco, CA. The deviation is necessary to
allow participants to cross the bridge during the Leukemia Lymphoma
Society Light the Night Walk. This deviation allows the bridge to
remain in the closed-to-navigation position during the deviation
period.

DATES: This deviation is effective from 6 p.m. to 9 p.m. on November
16, 2017.

ADDRESSES: The docket for this deviation, USCG-2017-1012, is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH.'' Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Carl T. Hausner, Chief, Bridge
Section, Eleventh Coast Guard District; telephone<PHONE_NUMBER>; email
[email protected].

SUPPLEMENTARY INFORMATION: The City of San Francisco has requested a
temporary change to the operation of the 3rd Street Drawbridge over
China Basin, mile 0.0, at San Francisco, CA. The drawbridge navigation
span provides a vertical clearance of 3 feet above Mean High Water in
the closed-to-navigation position. The draw opens on signal if at least
one hour notice is given, as required by 33 CFR 117.149. Navigation on
the waterway is recreational.
    The drawspan will be secured in the closed-to-navigation position
from 6 p.m. to 9 p.m. on November 16, 2017, to allow participants to
cross the bridge during the Leukemia Lymphoma Society Light the Night
Walk. This temporary deviation has been coordinated with the waterway
users. No objections to the proposed temporary deviation were raised.
    Vessels able to pass through the bridge in the closed position may
do so at anytime. The bridge will be able to open for emergencies and
there is no immediate alternate route for vessels to pass. The Coast
Guard will also inform the users of the waterway through our Local and
Broadcast Notices to Mariners of the change in operating schedule for
the bridge so that vessel operators can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: October 25, 2017.
Carl T. Hausner,
District Bridge Chief, Eleventh Coast Guard District.
[FR Doc. 2017-23608 Filed 10-30-17; 8:45 am]
BILLING CODE 9110-04-P