Federal Register proposed rules — 1996-03-06

issue-1996-03-06Federal Register proposed rules — 1996-03-06Proposed Regulation

Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.

FR Doc. 96-5242 Triphenyltin Hydroxide; Proposed Tolerance
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Pages 8901-8903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5242]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300414; FRL-5347-7]
RIN 2070-AB18

Triphenyltin Hydroxide; Proposed Tolerance

 AGENCY:  Environmental Protection Agency (EPA).

 ACTION:  Proposed rule.

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 SUMMARY:  This notice proposes to revoke tolerances for residues of 
Triphenyltin Hydroxide in or on carrots, peanuts and peanut hulls. All 
domestic registrations for use on these crops have been cancelled, 
therefore there is no longer a need to maintain these tolerances.

 DATES:  Written comments should be submitted to EPA by May 6, 1996.

ADDRESSES: By mail, submit written comments to: Public Response and 
Program Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental 

[[Page 8902]]
Protection Agency, 401 M St., SW., Washington, DC 20460. In person, 
bring comments to: Rm. 1132, CM #2, 1921 Jefferson Davis Highway, 
Arlington, VA 22202.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any part or all of that information as 
``Confidential Business Information.'' CBI should not be submitted 
through e-mail. Information marked as CBI will not be disclosed except 
in accordance with procedures set forth in 40 CFR part 2. A copy of the 
comment that does not contain CBI must be submitted for inclusion in 
the public record. Information not marked confidential may be disclosed 
publicly by EPA without prior notice. All written comments will be 
available for public inspection in Rm. 1132 at the address given above, 
from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: opp-docket-epamail.epa.gov Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect 5.1 file format or ASCII file format. 
All comments and data in electronic form must be identified by the 
docket number [OPP-300414]. Electronic comments on this proposed rule 
may be filed online at many Federal Depository Libraries. Additional 
information on electronic submissions can be found below in this 
document.

FOR FURTHER INFORMATION CONTACT:  Jude Andreasen, Special Review and 
Reregistration Division (7508W), Environmental Protection Agency, 401 M 
St., SW., Washington, DC 20460. Telephone: (703) 308-8016; e-
mail:andreasen.jude-epamail.epa.gov.

 SUPPLEMENTARY INFORMATION: 

I. Legal Authorization

    The Federal Food, Drug, and Cosmetic Act (FFDCA, 21 U.S.C. 301 et 
seq.) authorizes the establishment of tolerances (maximum legal residue 
levels) and exemptions from the requirement of a tolerance for residues 
of pesticide chemicals in or on raw agricultural commodities pursuant 
to section 408 [21 U.S.C. 346(a)]. Without such tolerances or 
exemptions, a food containing pesticide residues is considered 
``adulterated'' under section 402 of the FFDCA, and hence may not 
legally be moved in interstate commerce [21 U.S.C. 342]. To establish a 
tolerance or an exemption under section 408 of the FFDCA, EPA must make 
a finding that the promulgation of the rule would ``protect the public 
health'' [21 U.S.C. 346a(b)]. For a pesticide to be sold and 
distributed, the pesticide must not only have appropriate tolerances 
under the FFDCA, but also must be registered under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136 et 
seq.).
    In 1988, Congress amended the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA, 7 U.S.C. 136 et seq.) and required EPA to 
review and reassess the potential hazards arising from currently 
registered uses of pesticides registered prior to November 1, 1984. As 
part of this process, the Agency must determine whether a pesticide is 
eligible for reregistration or whether any subsequent actions are 
required to fully attain reregistration status. EPA has chosen to 
include in the reregistration process a reassessment of existing 
tolerances or exemptions from the need for a tolerance. Through this 
reassessment process, based on more recent data, EPA can determine 
whether a tolerance must be amended, revoked, or established, or 
whether an exemption from the requirement of one or more tolerances 
must be amended or is necessary.The procedure for establishing, 
amending, or revoking tolerances or exemptions from the requirement of 
tolerances is set forth in 40 CFR parts 177 through 180. The 
Administrator or EPA, or any person by petition, may initiate an action 
proposing to establish, amend, revoke, or exempt a tolerance for a 
pesticide registered for food uses. Each petition or request for a new 
tolerance, an amendment to an existing tolerance, or a new exemption 
from the requirement of a tolerance must be accompanied by a fee. 
Current Agency policy on tolerance actions identified during the 
reregistration process is to waive the payment of fees if the tolerance 
action concerns revision or revocation of an established tolerance, or 
if the proposed exemption from the requirement of a tolerance requires 
the concurrent revocation of an approved tolerance. Comments submitted 
in response to the Agency's published proposals are reviewed; the 
Agency then publishes its final determination regarding the specific 
tolerance actions.

II. Chemical--Specific Information and Proposed Actions On 
Triphenyltin hydroxide: Revocation of Tolerances

    1. Regulatory background. Triphenyltin hydroxide (TPTH) was first 
registered under FIFRA in 1971; a Registration Standard was issued in 
September, 1984. The Standard established the restricted use 
classification, announced EPA's intent to initiate a Special Review 
based on developmental toxicity, imposed label warnings, established a 
24-hour reentry period, and required data to fill gaps in product 
chemistry, residue chemistry, environmental fate, ecological effects 
and toxicology.
    Data Call-In Notices were issued in 1986, 1988, 1990 and 1993. 
Worker exposure studies and reentry studies for pecan harvesters were 
submitted in early 1995 and are under review. The registrants (Griffin 
Corporation, Elf Atochem and Hoechst, now Agrevo) formed a Task Force 
and agreed that carrots and peanuts would not be supported uses, but 
that data for use on sugar beets, potatoes and pecans would be 
generated jointly by the Task Force.
    A notice announcing receipt of a request for a voluntary 
cancellation of the use of TPTH on carrots was published in the Federal 
Register on March 6, 1991 (56 FR 9358). No comments were received in 
connection with this notice and the registration was subsequently 
canceled 60 days later. Earlier, the technical registrant, Griffin 
Corporation, submitted an application and proposed label amendments 
which deleted the use of TPTH on peanuts. The Agency approved this 
action on June 13, 1988.
    2. Current proposal. Revocation of tolerances under 40 CFR 180.236 
are proposed. Registrants are not supporting the use of TPTH on peanuts 
or carrots. Therefore, the Agency is proposing to revoke the tolerances 
for peanuts, peanut hulls and carrots.

III. Public Comment Procedures

    EPA invites interested parties to submit written comments, 
information, or data in response to this proposed rule. Comments must 
be submitted by May 6, 1996. Comments must bear a notation indicating 
the docket number. Three copies of the comments should be submitted to 
either location listed under the ``ADDRESSES'' section above.
    Information submitted as a comment concerning this document may be 
claimed confidential by marking any or all of that information as 
``Confidential Business Information'' (CBI). EPA will not disclose 
information so marked, except in accordance with procedures set forth 
in 40 CFR part 2. A second copy of such comments, with the CBI deleted, 
must also be submitted for inclusion in the public record. EPA may 
publicly disclose without prior notice information not marked 
confidential.
    Any person who has registered or submitted an application for 
registration of a pesticide, under FIFRA, as 

[[Page 8903]]
amended, that contains any of the ingredients listed herein, may 
request within 30 days after publication of this notice in the Federal 
Register that this rulemaking proposal be referred to an Advisory 
Committee in accordance with section 408(e) of the FFDCA.
    EPA has established a record for this proposed rule under docket 
number [OPP-300414] (including comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as CBI, is available for inspection 
from 8 a.m. to 4:00 p.m., Monday through Friday, except legal holidays. 
The public record is located in Room 1132 of the Public Response and 
Program Resources Branch, Field Operations Division (7506C), Office of 
Pesticide Programs, Environmental Protection Agency, Crystal Mall 
2, 1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments can be sent directly to EPA at:
    opp-docket-epamail.epa.gov

    The official record for this proposed rule, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer all comments received electronically into printed, 
paper form as they are received and will place the paper copies in the 
official proposed rule record which will also include all comments 
submitted directly in writing. The official proposed rule record is the 
paper record maintained at the ``ADDRESSES'' listed at the beginning of 
this document.

IV. References

    1. U.S. Environmental Protection Agency. 56 FR 9358, TPTH: Deletion 
of Uses and Directions for Use on Carrots, March 6, 1991.
    2. Application and revised label from Griffin Corporation to EPA, 
October 16, 1987, deleting the use on peanuts for EPA registration 
number 1812-244. Accepted application, June 13, 1988.

V. Regulatory Assessment Requirements

    To satisfy requirements for analysis specified by Executive Order 
12866, the Regulatory Flexibility Act, the Paperwork Reduction Act, and 
the Unfunded Mandates Reform Act, EPA has considered the impacts of 
this proposal.

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether the regulatory action is ``significant'' 
and therefore subject to review by the Office of Management and Budget 
(OMB) and the requirements of the Executive Order. Under section 3(f), 
the order defines a ``significant regulatory action'' as an action that 
is likely to result in a rule: (1) Having an annual effect on the 
economy of $100 million or more, or adversely and materially affecting 
a sector of the economy, productivity, competition, jobs, the 
environment, public health or safety, or state, local, or tribal tribal 
governments or communities (also referred to as ``economically 
significant''; (2) creating serious inconsistency or otherwise 
interfering with an action taken or planned by another agency; (3) 
materially altering the budgetary impacts of entitlements, grants, user 
fees, or loan programs or the rights and obligations of recipients 
thereof; or (4) raising novel legal or policy issues arising out of 
legal mandates, the President's priorities, or the principles set forth 
in this Executive Order.
    Pursuant to the terms of this Executive Order, EPA has determined 
that this rule is not a ``significant regulatory action,'' because it 
does not meet any of the regulatory-significance criteria listed above. 
The use sites for which tolerance revocation is proposed have been 
cancelled for some time. Revoking the tolerances is not expected to 
have any significant impact.

B. Regulatory Flexibility Act

    EPA has reviewed this proposed rule under the Regulatory 
Flexibility Act of 1980 [Pub. L. 96-354; 94 Stat. 1164, 5 U.S.C. 601et 
seq.], and has determined that it will not have a significant economic 
impact on any small businesses, governments, or organizations. The 
proposed rule is not expected to have any significant impact on 
entities of any size. Accordingly, I certify that this proposed rule 
does not require a separate regulatory flexibility analysis under the 
Regulatory Flexibility Act.

C. Paperwork Reduction Act

    This proposed regulatory action does not contain any information 
collection requirements subject to review by OMB under the Paperwork 
Reduction Act of 1980, 44 U.S.C. 3501 et seq.

D. Unfunded Mandates

    This proposed rule contains no Federal mandates under Title II of 
the Unfunded Mandates Reform Act of 1995, Pub. L. 104-4, for State, 
local, or tribal governments or the private sector, because it would 
not impose enforceable duties on them.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: February 22, 1996.

Lois A. Rossi,

Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
    Therefore, it is proposed that 40 CFR part 180 be amended as 
follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 would continue to read as 
follows:
    Authority:  15 U.S.C. 346a and 371.

    2. Section 180.236 is revised to read as follows:

Sec. 180.236 Triphenyltin hydroxide; tolerances for residues.

    Tolerances are established for residues of the fungicide 
triphenyltin hydroxide in or on raw agricultural commodities as 
follows:
    0.1 part per million in or on sugar beet roots.
    0.05 part per million in or on pecans and potatoes.
    0.05 part per million in the kidney and liver of cattle, goats, 
hogs, horses and sheep.

[FR Doc. 96-5242 Filed 3-5-96; 8:45 am]
BILLING CODE 6560-50-F

Complete official Federal Register PDF

FR Doc. 96-5241 Pesticide Tolerance for Prosulfuron
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Pages 8903-8905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5241]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180

[OPP-300416; FRL-5349-7]
RIN 2070-AC18

Pesticide Tolerance for Prosulfuron

AGENCY: Environmental Protection Aqency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA proposes to extend the tolerances for residues of the 
herbicide prosulfuron, 1-(4-methoxy-6-methyl-triazin 2-yl)-3-[2-(3,3,3-
trifluoropropyl)-phenylsulfonyl]-urea in or on the raw agricultural 
commodities corn (forage, fodder, grain and fresh [including sweet 
kernels plus cobs with husks removed]) at 0.01 part per million (ppm), 
milk at 0.01 ppm, and fat, kidney, liver, meat by-products, of cattle, 
goats, hogs, horses, and sheep at at 0.05 ppm. The Agency has not 
completed the regulatory assessment of our science findings; therefore, 
the Agency is proposing to extend these tolerances until December 1999.

DATES: Comments must be sumitted by April 5, 1996.

 
[[Page 8904]]

ADDRESSES: By mail, submit written comments, identified by the docket 
number [OPP-300416] to: Public Response and Program Resources Branch, 
Field Operations Division (7506C) Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
In person, bring comments to Rm. 1132, CM #2, 1921 Jefferson Davis 
Highway., Arlington, VA 22202. Information submitted as a comment 
concerning this document may be claimed confidential by marking part or 
all that information as ``Confidential Business Information'' (CBI). 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2. A copy of the comment that does 
not contain CBI must be submitted for inclusion in the public record. 
Information not marked confidential may be disclosed publicly by EPA 
without prior notice. All written comments will be available for public 
inspection in Rm. 1132 at the address given above, from 8:00 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays.
    Comments and data may also be submitted electronically by sending 
electronic mail (e-mail) to: [email protected]. Electronic 
comments must be submitted as an ASCII file avoiding the use of special 
characters and any form of encryption. Comments and data will also be 
accepted on disks in WordPerfect 5.1 file format or ASCII file format. 
All comments and data in electronic form must be identified by the 
docket number [OPP-300416]. No Confidential Business Information (CBI) 
should be submitted through e-mail. Electronic comments on this 
proposed rule may be filed online at many Federal Depository Libraries. 
Additional information on electronic submissions can be found below.
FOR FURTHER INFORMATION CONTACT: By mail: Robert J. Taylor, Product 
Manager (PM) 25, Registration Division (7505C), Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. Office 
location and telephone number: Rm. 245, CM #2, 1921 Jefferson Davis 
Highway, Arlington, VA 22202, (703)-305-6800, e-mail: 
[email protected].
SUPPLEMENTARY INFORMATION: EPA issued a final rule, published in the 
Federal Register of (60 FR 24788, May 10, 1995) which established 
tolerances for residues of the herbicide prosulfuron, 1-(4-methoxy-6-
methyl-triazin-2-yl)-3-[2-(3,3,3-trifluoropropyl)-phenylsulfonyl]-urea 
in or on the raw agricultural commodities corn (forage, fodder, grain, 
and fresh [including sweet kernels plus cobs with husks removed]) at 
0.01 ppm, milk at 0.01 ppm, and meat, fat and meat by-products, of 
cattle, goats, hogs, horses, and sheep at at 0.05 ppm, with an 
expiration date of December 31, 1995 [PP 4F4336/R2133]. These 
tolerances with an expiration date were required by EPA to allow the 
petitioner, Ciba-Geigy Corp. to submit additional data concerning the 
method trial and corn metabolism and ruminant metabolism data. The 
petitioner has submitted the method and the method has been validated 
by an independent laboratory. Additional time is being required to 
complete review of this method trial and allow additional time to 
complete and submit the required metabolism data.
    Based on the information cited above and in the document 
establishing the time-limiting tolerance for prosulfuron (60 FR 24788), 
the Agency has determined that when used in accordance with good 
agricultural practice, this ingredient is useful and the tolerances 
will protect the public health. Therefore, EPA is proposing to 
establish the tolerances as described below.
    Any person who has registered or submitted an application for 
registration of a pesticide, under the Federal Insecticide, Fungicide, 
and Rodenticide Act (FIFRA) as amended, which contains any of the 
active ingredients listed herein, may request within 30 days after 
publication of this document in the Federal Register that this 
rulemaking proposal be referred to an Advisory Committee in accordance 
with section 408(e) of the Federal Food, Drug, and Cosmetic Act.
    Interested persons are invited to submit written comments on the 
proposed regulation. Comments must bear a notation indicating the 
docket number [OPP-300416]. All written comments filed in response to 
this petition will be available in the Public Response and Program 
Resources Branch, at the address given above from 8:00 a.m. to 4:30 
p.m., Monday throuqh Friday, except leqal holidays.
     A record has been established for this rulemaking under docket 
number [OPP-300416] (including comments and data submitted 
electronically as described below). A public version of this record, 
including printed, paper versions of electronic comments, which does 
not include any information claimed as CBI, is available for inspection 
from 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The public record is located in Room 1132 of the Public 
Response and Program Resources Branch, Field Operations Division 
(7506C), Office of Pesticide Programs, Environmental Protection Agency, 
Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA.
    Electronic comments can be sent directly to EPA at:
    opp-D[email protected]

    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption.
    The official record for this rulemaking, as well as the public 
version, as described above will be kept in paper form. Accordingly, 
EPA will transfer all comments received electronically into printed, 
paper form as they are received and will place the paper copies in the 
official rulemaking record which will also include all comments 
submitted directly in writing. The official rulemaking record is the 
paper record maintained at the address in ``ADDRESSES'' at the 
beginning of this document.
    The Office of Management and Budget has exempted this proposed rule 
from the requirements of section 3 of Executive Order 112866.
    Pursuant to the requirements of the Regulatory Flexibility Act 
(Pub. L. 96-354, 94 Stat. 1164, U.S.C. 601-612), the Administrator has 
determined that regulations establishing new tolerances or food 
additive regulations or establishing exemptions from tolerance 
requirements do not have a significant economic impact on a substantial 
number of small entities. A certification statement to this effect was 
published in the Federal Register of May 4, 1981 (46 FR 24950).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities, Pesticides and pests, Reporting and 
recordkeeping requirements.

    Dated: February 21, 1996.

Stephen L. Johnson,

Director, Registration Division, Office of Pesticide Programs.

    Therefore, it is proposed that 40 CFR Part 180 be amended as 
follows:

PART 180--[AMENDED]

    1. The authority citation for Part 180 continues to read as 
follows:
    Authority: 21 U.S.C. 346a. and 371.

    2. By revising Sec. 180.481 to read as follows: 
    
[[Page 8905]]

Sec. 180.481  Prosulfuron; tolerances for residues.

    Tolerances that expire on December 31, 1999 are being extended for 
residues of the herbicide prosulfuron 1-(4-methoxy-6-methyl-triazin-2-
yl)-3-[2-(3,3,3-trifluoro propyl)-phenylsulfonyl]-urea in or on the 
following raw aqricultural commodities:

------------------------------------------------------------------------
                                                              Parts per 
                        Commodities                            million  
------------------------------------------------------------------------
Corn, forage...............................................         0.01
Corn, fodder...............................................         0.01
Corn, grain and fresh (including sweet kernels plus cobs                
 with husks removed])......................................         0.01
Milk.......................................................         0.01
Meat, fat, kidney, liver & meat by-products, of cattle,                 
 goats, hogs, horses, and sheep of cattle, goats, sheep....         0.05
------------------------------------------------------------------------

[FR Doc. 96-5241 Filed 3-5-96; 8:45 am]
BILLING CODE 6560-50-F

Complete official Federal Register PDF

FR Doc. 96-5223 Airworthiness Directives; Airbus Industrie Model A300, A300-600, and A310 Series Airplanes
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Pages 8892-8896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5223]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 95-NM-85-AD]

Airworthiness Directives; Airbus Industrie Model A300, A300-600, 
and A310 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Airbus Industrie Model 
A300, A300-600, and A310 series airplanes. This proposal would require 
inspections to detect cracks in the lower spar axis of the pylons 
between ribs 6 and 7, and repair, if necessary. This proposal is 
prompted by reports that fatigue cracking has been found on the lower 
spar of the pylon. The actions specified by the proposed AD are 
intended to prevent such fatigue cracking, which could result in 
reduced structural integrity of the lower spar of the pylon.

DATES: Comments must be received by April 12, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-85-AD, 1601 Lind Avenue, SW., Renton, 
Washington 98055-4056. Comments may be inspected at this location 
between 9:00 a.m. and 3:00 p.m., Monday through Friday, except Federal 
holidays. -
    The service information referenced in the proposed rule may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2797; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited -

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received. -
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket. -
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-85-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs -

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-85-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, recently notified the FAA that an 
unsafe condition may exist on certain Airbus Industrie Model A300, 
A300-600, and A310 series airplanes. The DGAC advises that fatigue 
cracks have been found on the lower spar of the pylon between ribs 6 
and 7 on airplanes equipped with General Electric and Pratt & Whitney 
engines. These cracks initiated at the pylon center stiffener beyond 
the flat area. Fatigue cracking in this area, if not detected and 
corrected 

[[Page 8893]]
in a timely manner, could result in reduced structural integrity of the 
lower spar of the pylon.

Relevant Service Information

    Airbus has issued the following inspection service bulletins:
     Airbus Service Bulletin A300-54-0073 (for Model A300 
series airplanes), Revision 1, dated March 28, 1994;
     Airbus Service Bulletin A300-54-6014 (for Model A300-600 
series airplanes), Revision 1, dated March 28, 1994; and
     Airbus Service Bulletin A310-54-2017 (for Model A310 
series airplanes), Revision 1, dated March 28, 1994.
    These inspection service bulletins describe procedures for 
repetitive internal eddy current inspections to detect cracks in the 
lower spar axis of the pylons between ribs 6 and 7, and repair, if 
necessary. These service bulletins permit further flight with pylons 
that are cracked within certain limits. In such instances, the service 
bulletins recommend that, following repair of cracking within specified 
limits, repaired areas should be inspected repetitively using eddy 
current techniques to detect cracks at the stiffener ends, ribs 6 and 
7, at the edge of the holes made during the repair and on the fasteners 
located at the edge of the doubler. The DGAC classified these service 
bulletins as mandatory and issued French airworthiness directive 93-
228-154(B), dated December 22, 1993, in order to assure the continued 
airworthiness of these airplanes in France.
    Airbus also has issued the following modification service 
bulletins:
     Airbus Service Bulletin A300-54-0080 (for Model A300 
series airplanes), Revision 1, dated January 16, 1995;
     Airbus Service Bulletin A300-54-6020 (for Model A300-600 
series airplanes), dated October 15, 1993, as amended by Service 
Bulletin Change Notice O.A., dated February 22, 1994; and
     Airbus Service Bulletin A310-54-2023 (for Model A310 
series airplanes), dated October 15, 1993.
    These modification service bulletins describe procedures for 
modification of the lower spar between ribs 6 and 7. The modification 
involves installation of an outer doubler on the undamaged structure of 
the lower spars between ribs 6 and 7. For Model A300 and A300-600 
series airplanes, accomplishment of the modification reduces the 
probability of cracking in the lower spar of the pylon and, thereby, 
allows an extension of the initial inspection threshold and repetitive 
interval for accomplishing the internal eddy current inspections. For 
Model A310 series airplanes, accomplishment of the modification 
eliminates the need for the internal eddy current inspections.

Proposed Requirements of the Rule

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design registered 
in the United States, the proposed AD would require repetitive internal 
eddy current inspections to detect cracks in the lower spar axis of the 
pylons between ribs 6 and 7, and repair, if necessary. The actions 
would be required to be accomplished in accordance with the inspection 
service bulletins described previously.
    For Model A300 and A300-600 series airplanes, the proposed AD would 
provide for an optional modification, which, if accomplished, would 
allow an extension of the initial inspection threshold and repetitive 
interval for accomplishing the required inspections. For Model A310 
series airplanes, the proposed AD also would provide for an optional 
terminating modification, which, if accomplished, would constitute 
terminating action for the repetitive inspections. The actions would be 
required to be accomplished in accordance with the modification service 
bulletins described previously.

Differences Between the Proposed Rule and Relevant Service 
Information -

    Operators should note that this proposed rule would not permit 
further flight after detection of cracking of the lower spar axis of 
the pylons, as allowed by the inspection service bulletins. Instead, 
this proposed rule would require repair of the crack in accordance with 
the applicable service bulletin prior to further flight; or, if 
cracking is within certain limits, stop-drilling the crack in 
accordance with the Structural Repair Manual (SRM) as a temporary 
measure for a specified number of landings until the repair or 
modification is accomplished. (Stop-drilling the crack does not 
constitute a repair; rather, it is only an interim measure that would 
temporarily reduce the stress concentration effect of the crack tip 
before the repair or modification is accomplished to restore the 
structure to its ultimate load capability.) In addition, this proposed 
AD also provides for installation of an optional terminating 
modification in accordance with the applicable service bulletin prior 
to further flight.
    The SRM for the affected airplanes identifies the pylon as 
``primary structure.'' As defined in the SRM, primary structure is that 
structure which contributes significantly to carrying flight, ground, 
and pressurization loads. The SRM further classifies the main frame of 
the pylon as a ``restricted area,'' where repairs could affect the load 
carrying capability of the pylon for some flight and crash conditions. 
In light of this, the FAA finds that an adequate level of safety for 
the affected fleet requires that cracking of the lower spar axis of the 
pylons must be addressed immediately by repair or temporary measures, 
as specified previously. The FAA has determined that, in cases where 
certain known unsafe conditions exist, and where actions to detect and 
correct those unsafe conditions can be readily accomplished, those 
actions must be required.

Cost Impact

    The FAA estimates that 99 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 8 work 
hours per airplane to accomplish the proposed inspections, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$47,520, or $480 per airplane, per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted.
    Should an operator of a Model A300 series airplane elect to 
accomplish the optional modification that would be provided by this AD 
action, it would take approximately 100 work hours to accomplish, at an 
average labor rate of $60 per work hour. The cost of required parts 
would be approximately $1,500 per airplane. Based on these figures, the 
cost impact of the optional modification for Model A300 series 
airplanes is estimated to be $7,500 per airplane. 

[[Page 8894]]

    Should an operator of a Model A300-600 or A310 series airplane 
elect to accomplish the optional modification that would be provided by 
this AD action, it would take approximately 110 work hours to 
accomplish, at an average labor rate of $60 per work hour. The cost of 
required parts would be approximately $1,500 per airplane. Based on 
these figures, the cost impact of the optional modification for Model 
A300-600 and A310 series airplanes is estimated to be $8,100 per 
airplane.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ``ADDRESSES.''

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.

Sec. 39.13  [Amended] -

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Airbus Industrie: Docket 95-NM-85-AD.

     -Applicability: Model A300, A300-600, and A310 series 
airplanes; as listed in Airbus Industrie Service Bulletins A300-54-
0073, A300-54-6014, and A310-54-2017, all Revision 1, all dated 
March 28, 1994; certificated in any category.

     -Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (k) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    -Compliance: Required as indicated, unless accomplished 
previously. -
    To prevent reduced structural integrity of the lower spar, 
accomplish the following: -
    (a) For Model A300 series airplanes equipped with General 
Electric CF6-50C engines, and having pylons that have not been 
modified in accordance with Airbus Industrie Service Bulletin A300-
54-0080, Revision 1, dated January 16, 1995: Prior to the 
accumulation of 10,900 total landings, or within 500 landings after 
the effective date of this AD, whichever occurs later, perform an 
internal eddy current inspection to detect cracks in the lower spar 
axis of the pylons between ribs 6 and 7, in accordance with Airbus 
Industrie Service Bulletin A300-54-0073, Revision 1, dated March 28, 
1994. -
    (1) If no crack is found, repeat the inspection thereafter at 
intervals not to exceed 6,700 landings. -
    (2) If any crack is found that is less than 35 mm, prior to 
further flight, stop-drill the crack in accordance with the 
procedures specified in Section 51-41-10 of the Structural Repair 
Manual (SRM). Thereafter, prior to the accumulation of 250 landings 
after crack discovery, repair in accordance with the service 
bulletin. Prior to the accumulation of 17,900 landings after 
accomplishing the repair, perform an eddy current inspection to 
detect cracks at the stiffener ends, ribs 6 and 7, at the edge of 
the holes made during the repair and on the fasteners located at the 
edge of the doubler, in accordance with the service bulletin. -
    (i) If no crack is found, repeat the inspection required by 
paragraph (a)(2) of this AD thereafter at intervals not to exceed 
15,000 landings. -
    (ii) If any crack is found, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113, FAA, Transport Airplane Directorate. -
    (3) If any crack is found that is greater than or equal to 35 
mm, prior to further flight, repair in accordance with a method 
approved by the Manager, Standardization Branch, ANM-113.-
    (b) For Model A300 series airplanes equipped with General 
Electric CF6-50C engines, and having pylons that have been modified 
in accordance with Airbus Industrie Service Bulletin A300-54-0080, 
Revision 1, dated January 16, 1995: Prior to the accumulation of 
30,300 landings since installation of the modification, or within 
500 landings after the effective date of this AD, whichever occurs 
later, perform an eddy current inspection to detect cracks in the 
lower spar axis of the pylons between ribs 6 and 7, in accordance 
with Airbus Industrie Service Bulletin A300-54-0073, Revision 1, 
dated March 28, 1994. -
    (1) If no crack is found, repeat the eddy current inspection 
thereafter at intervals not to exceed 21,300 landings. -
    (2) If any crack is found, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113. -
    (c) For Model A300 series airplanes equipped with Pratt & 
Whitney JT9D-59A engines, and having pylons that have not been 
modified in accordance with Airbus Industrie Service Bulletin A300-
54-0080, Revision 1, dated January 16, 1995: Prior to the 
accumulation of 8,600 total landings, or within 500 landings after 
the effective date of this AD, whichever occurs later, perform an 
internal eddy current inspection to detect cracks in the lower spar 
axis of the pylons between ribs 6 and 7, in accordance with Airbus 
Industrie Service Bulletin A300-54-0073, Revision 1, dated March 28, 
1994. -
    (1) If no crack is found, repeat the inspection thereafter at 
intervals not to exceed 5,700 landings. -
    (2) If any crack is found that is less than 35 mm, prior to 
further flight, stop-drill the crack in accordance with the 
procedures specified in Section 51-41-10 of the SRM. Thereafter, 
prior to the accumulation of 250 landings after crack discovery, 
repair in accordance with the service bulletin. Prior to the 
accumulation of 14,200 landings after accomplishing the repair, 
perform an eddy current inspection to detect cracks at the stiffener 
ends, ribs 6 and 7, at the edge of the holes made during the repair 
and on the fasteners located at the edge of the doubler, in 
accordance with the service bulletin. -
    (i) If no crack is found, repeat the inspection required by 
paragraph (c)(2) of this AD thereafter at intervals not to exceed 
12,800 landings. -
    (ii) If any crack is found, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113. -
    (3) If any crack is found that is greater than or equal to 35 
mm, prior to further flight, repair in accordance with a method 
approved by the Manager, Standardization Branch, ANM-113. -
    (d) For Model A300 series airplanes equipped with Pratt & 
Whitney JT9D-59A engines, and having pylons that have been modified 
in accordance with Airbus Industrie Service Bulletin A300-54-0080, 
Revision 1, dated January 16, 1995: Prior to the accumulation of 
24,000 landings since 

[[Page 8895]]
installation of the modification, or within 500 landings after the 
effective date of this AD, whichever occurs later, perform an eddy 
current inspection to detect cracks in the lower spar axis of the 
pylons between ribs 6 and 7, in accordance with Airbus Industrie 
Service Bulletin A300-54-0073, Revision 1, dated March 28, 1994. -
    (1) If no crack is found, repeat the eddy current inspection 
thereafter at intervals not to exceed 18,200 landings. -
    (2) If any crack is found, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113. -
    (e) For Model A300-600 series airplanes equipped with General 
Electric CF6-80C2 engines, and having pylons that have not been 
modified in accordance with Airbus Industrie Service Bulletin A300-
54-6020, dated February 22, 1994: Prior to the accumulation of 9,400 
total landings, or within 500 landings after the effective date of 
this AD, whichever occurs later, perform an internal eddy current 
inspection to detect cracks in the lower spar axis of the pylons 
between ribs 6 and 7, in accordance with Airbus Industrie Service 
Bulletin A300-54-6014, Revision 1, dated March 28, 1994. -
    (1) If no crack is found, repeat the inspection thereafter at 
intervals not to exceed 6,100 landings. -
    (2) If any crack is found that is less than or equal to 35 mm, 
prior to further flight, stop-drill the crack in accordance with the 
procedures specified in Section 51-41-10 of the SRM. Thereafter, 
prior to the accumulation of 250 landings after crack discovery, 
repair in accordance with the service bulletin. Prior to the 
accumulation of 15,600 landings after accomplishing the repair, 
perform an eddy current inspection to detect cracks at the stiffener 
ends, ribs 6 and 7, at the edge of the holes made during the repair 
and on the fasteners located at the edge of the doubler, in 
accordance with the service bulletin. -
    (i) If no crack is found, repeat the inspection required by 
paragraph (e)(2) of this AD thereafter at intervals not to exceed 
13,600 landings. -
    (ii) If any crack is found, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113. -
    (3) If any crack is found that is greater than or equal to 35 
mm, prior to further flight, repair in accordance with a method 
approved by the Manager, Standardization Branch, ANM-113. -
    (f) For Model A300-600 series airplanes equipped with General 
Electric CF6-80C2 engines, and having pylons that have been modified 
in accordance with Airbus Industrie Service Bulletin A300-54-6020, 
dated February 22, 1994: Prior to the accumulation of 26,400 
landings since installation of the modification, or within 500 
landings after the effective date of this AD, whichever occurs 
later, perform an eddy current inspection to detect cracks in the 
lower spar axis of the pylons between ribs 6 and 7, in accordance 
with Airbus Industrie Service Bulletin A300-54-6014, Revision 1, 
dated March 28, 1994.
    (1) If no crack is found, repeat the eddy current inspection 
thereafter at intervals not to exceed 19,400 landings.
    (2) If any crack is found, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113.
    (g) For Model A300-600 series airplanes equipped with Pratt & 
Whitney JT9D-7R4 or PW 4000 engines, and having pylons that have not 
been modified in accordance with Airbus Industrie Service Bulletin 
A300-54-6020, dated February 22, 1994: Prior to the accumulation of 
5,700 total landings, or within 500 landings after the effective 
date of this AD, whichever occurs later, perform an internal eddy 
current inspection to detect cracks in the lower spar axis of the 
pylons between ribs 6 and 7, in accordance with Airbus Industrie 
Service Bulletin A300-54-6014, Revision 1, dated March 28, 1994.
    (1) If no crack is found, repeat the inspection thereafter at 
intervals not to exceed 4,400 landings.
    (2) If any crack is found that is less than 35 mm, prior to 
further flight, stop-drill the crack in accordance with the 
procedures specified in Section 51-41-10 of the SRM. Thereafter, 
prior to the accumulation of 250 landings after crack discovery, 
repair in accordance with the service bulletin. Prior to the 
accumulation of 10,100 landings after accomplishing the repair, 
perform an eddy current inspection to detect cracks at the stiffener 
ends, ribs 6 and 7, at the edge of the holes made during the repair 
and on the fasteners located at the edge of the doubler, in 
accordance with the service bulletin.
    (i) If no crack is found, repeat the inspection required by 
paragraph (g)(2) of this AD thereafter at intervals not to exceed 
10,000 landings.
    (ii) If any crack is found, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113.
    (3) If any crack is found that is greater than or equal to 35 
mm, prior to further flight, repair in accordance with a method 
approved by the Manager, Standardization Branch, ANM-113.
    (h) For Model A300-600 series airplanes equipped with Pratt & 
Whitney JT9D-7R4 or PW 4000 engines, and having pylons that have 
been modified in accordance with Airbus Industrie Service Bulletin 
A300-54-6020, dated February 22, 1994: Prior to the accumulation of 
14,500 landings since installation of the modification, or within 
500 landings after the effective date of this AD, whichever occurs 
later, perform an eddy current inspection to detect cracks in the 
lower spar axis of the pylons between ribs 6 and 7, in accordance 
with Airbus Industrie Service Bulletin A300-54-6014, Revision 1, 
dated March 28, 1994.
    (1) If no crack is found, repeat the eddy current inspection 
thereafter at intervals not to exceed 14,500 landings.
    (2) If any crack is found, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113.
    (i) For Model A310 series airplanes equipped with General 
Electric CF6-80C2, or Pratt & Whitney JT9D-7R4, or Pratt & Whitney 
PW4000 engines: Prior to the accumulation of 36,700 total landings, 
or within 500 landings after the effective date of this AD, 
whichever occurs later, perform an internal eddy current inspection 
to detect cracks in the lower spar axis of the pylons between ribs 6 
and 7, in accordance with Airbus Industrie Service Bulletin A300-54-
2017, Revision 1, dated March 28, 1994.
    (1) If no crack is found, repeat the inspection thereafter at 
intervals not to exceed 15,000 landings.
    (2) If any crack is found that is less than 35 mm, prior to 
further flight, stop-drill the crack in accordance with the 
procedures specified in Section 51-41-10 of the SRM. Thereafter, 
prior to the accumulation of 250 landings after crack discovery, 
repair in accordance with the service bulletin. Prior to the 
accumulation of 40,000 landings after accomplishing the repair, 
perform an eddy current inspection to detect cracks at the stiffener 
ends, ribs 6 and 7, at the edge of the holes made during the repair 
and on the fasteners located at the edge of the doubler, in 
accordance with the service bulletin.
    (i) If no crack is found, repeat the inspection required by 
paragraph (i)(2) of this AD thereafter at intervals not to exceed 
33,000 landings.
    (ii) If any crack is found, prior to further flight, repair in 
accordance with a method approved by the Manager, Standardization 
Branch, ANM-113.
    -(3) If any crack is found that is greater than or equal to 35 
mm, prior to further flight, repair in accordance with a method 
approved by the Manager, Standardization Branch, ANM-113.
    (j) For Model A310 series airplanes equipped with General 
Electric CF6-80C2, or Pratt & Whitney JT9D-7R4, or Pratt & Whitney 
PW4000 engines: Accomplishment of the modification specified in 
Airbus Industrie Service Bulletin A310-54-2023, dated October 15, 
1993, constitutes terminating action for the inspections required by 
paragraph (i) of this AD.
    (k) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (l) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

 
[[Page 8896]]

    Issued in Renton, Washington on February 27, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-5223 Filed 3-5-96; 8:45 am]
BILLING CODE 4910-13-P

Complete official Federal Register PDF

FR Doc. 96-5222 Airworthiness Directives; Airbus Model A320-111, -211, -212, and -231 Series Airplanes
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Pages 8896-8897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5222]

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

DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-198-AD]

Airworthiness Directives; Airbus Model A320-111, -211, -212, and 
-231 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to certain Airbus Model A320-111, -
211, -212, and -231 series airplanes. This proposal would require 
removing the existing forward pintle nut and cross bolt on the main 
landing gear (MLG), and installing a new nylon spacer and cross bolt 
and nut. This proposal is prompted by results of fatigue testing which 
revealed that the cross bolt and nut in the forward pintle pin of the 
MLG were damaged due to fatigue cracking. The actions specified by the 
proposed AD are intended to prevent such fatigue cracking, which could 
result in collapse of the MLG.

DATES: Comments must be received by April 12, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-198-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Tim Backman, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2797; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report summarizing each FAA-public contact concerned with 
the substance of this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-198-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-198-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion -

    The Direction Generale de l'Aviation Civile (DGAC), which is the 
airworthiness authority for France, recently notified the FAA that an 
unsafe condition may exist on certain Airbus Model A320 series 
airplanes. The DGAC advises that during fatigue tests on an Airbus 
Model A320 test article, the cross bolt and nut in the forward pintle 
pin of the main landing gear (MLG) were found to be damaged due to 
fatigue cracking. Such fatigue cracking, if not detected and corrected 
in a timely manner, could result in collapse of the MLG.
    Airbus has issued Service Bulletin A320-32-1119, Revision 1, dated 
June 13, 1994, which describes procedures for removing the existing 
forward pintle nut and cross bolt on the MLG, and installing a new 
nylon spacer and cross bolt and nut. The new nylon spacer will absorb 
deflections and reduce the loads on the cross bolt and the nut. 
Additionally, the cross bolt is longer than the existing cross bolt to 
accommodate the addition of the nylon spacer. (The Airbus service 
bulletin references Dowty Aerospace Service Bulletin 200-32-194, 
Revision 1, dated October 4, 1993, as an additional source of service 
information for accomplishment of these procedures.) The DGAC 
classified the service bulletin as mandatory and issued French 
airworthiness directive 94-057-052 (B), dated March 16, 1994, in order 
to assure the continued airworthiness of these airplanes in France. -
    These airplane models are manufactured in France and are type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States. -
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, the 
proposed AD would require removing the existing forward pintle nut and 
cross bolt on the MLG; and installing a new nylon spacer and cross bolt 
and nut. The actions would be required to be accomplished in accordance 
with the Airbus service bulletin described previously. -
    The FAA estimates that 90 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 1 work 
hour per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Required parts will be 
supplied by the parts manufacturer at no cost to the operators. Based 
on these figures, the cost impact of the proposed AD on U.S. operators 
is estimated to be $5,400, or $60 per airplane. -
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would accomplish those actions in 
the future if this AD were not adopted. -
    The regulations proposed herein would not have substantial direct 
effects on the States, on the relationship between the national 
government and 

[[Page 8897]]
the States, or on the distribution of power and responsibilities among 
the various levels of government. Therefore, in accordance with 
Executive Order 12612, it is determined that this proposal would not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment. -
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment -

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES -

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.

Sec. 39.13  [Amended] -

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

Airbus: Docket 95-NM-198-AD.

     -Applicability: Model A320-111, -211, -212, and -231 series 
airplanes, on which Airbus Modification 23573 (Airbus Service 
Bulletin A320-32-1119, Revision 1, dated June 13, 1994), has not 
been installed; certificated in any category.

    -Note 1. This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (b) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

     -Compliance: Required as indicated, unless accomplished 
previously. -
    To prevent collapse of the main landing gear (MLG) during 
landing, due to failure of the forward pintle pin cross bolt, 
accomplish the following: -
    (a) Remove the existing forward pintle nut and cross bolt; and 
install a new nylon spacer and post-mod cross bolt and nut of the 
MLG, in accordance with Airbus Service Bulletin A320-32-1119, 
Revision 1, dated June 13, 1994, at the later of the times specified 
in paragraphs (a)(1) and (a)(2) of this AD. -
    (1) Prior to the accumulation of 20,000 total landings, or at 
the next main landing gear overhaul, whichever occurs first. -
    (2) Within 500 landings after the effective date of this AD.

    Note 2: The Airbus service bulletin references Dowty Aerospace 
Service Bulletin 200-32-194, Revision 1, dated October 4, 1993, as 
an additional source of service information for accomplishment of 
these procedures.

    (b) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113, 
FAA, Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, 
Standardization Branch, ANM-113.

    Note 3: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (c) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on February 27, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-5222 Filed 3-5-96; 8:45 am]
BILLING CODE 4910-13-P

Complete official Federal Register PDF

FR Doc. 96-5221 Airworthiness Directives; Airbus Model A300-600 Series Airplanes
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Pages 8897-8899]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5221]

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

DEPARTMENT OF TRANSPORTATION
14 CFR Part 39

[Docket No. 95-NM-150-AD]

Airworthiness Directives; Airbus Model A300-600 Series Airplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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

SUMMARY: This document proposes the adoption of a new airworthiness 
directive (AD) that is applicable to all Airbus Model A300-600 series 
airplanes. This proposal would require an eddy current inspection to 
detect cracks on the forward fittings in the radius of frame 40 
adjacent to the tension bolts in the center section of the wings, and 
various follow-on actions. This proposal is prompted by reports of 
cracking in the radius of frame 40 adjacent to the tension bolts at the 
center/outer wing junction due to fatigue-related stress. The actions 
specified by the proposed AD are intended to prevent such fatigue-
related cracking, which could result in reduced structural integrity of 
the wings.

DATES: Comments must be received by April 12, 1996.

ADDRESSES: Submit comments in triplicate to the Federal Aviation 
Administration (FAA), Transport Airplane Directorate, ANM-103, 
Attention: Rules Docket No. 95-NM-150-AD, 1601 Lind Avenue, SW., 
Renton, Washington 98055-4056. Comments may be inspected at this 
location between 9:00 a.m. and 3:00 p.m., Monday through Friday, except 
Federal holidays.
    The service information referenced in the proposed rule may be 
obtained from Airbus Industrie, 1 Rond Point Maurice Bellonte, 31707 
Blagnac Cedex, France. This information may be examined at the FAA, 
Transport Airplane Directorate, 1601 Lind Avenue, SW., Renton, 
Washington.

FOR FURTHER INFORMATION CONTACT: Charles Huber, Aerospace Engineer, 
Standardization Branch, ANM-113, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (206) 
227-2589; fax (206) 227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested persons are invited to participate in the making of the 
proposed rule by submitting such written data, views, or arguments as 
they may desire. Communications shall identify the Rules Docket number 
and be submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments, 
specified above, will be considered before taking action on the 
proposed rule. The proposals contained in this notice may be changed in 
light of the comments received.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the proposed rule. All 
comments submitted will be available, both before and after the closing 
date for comments, in the Rules Docket for examination by interested 
persons. A report 

[[Page 8898]]
summarizing each FAA-public contact concerned with the substance of 
this proposal will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket Number 95-NM-150-AD.'' The postcard will be date stamped and 
returned to the commenter.

Availability of NPRMs

    Any person may obtain a copy of this NPRM by submitting a request 
to the FAA, Transport Airplane Directorate, ANM-103, Attention: Rules 
Docket No. 95-NM-150-AD, 1601 Lind Avenue, SW., Renton, Washington 
98055-4056.

Discussion

    On January 15, 1993, the FAA issued AD 93-01-24, Amendment 39-8478 
(58 FR 6703, February 2, 1993), which is applicable to all Airbus Model 
A300 B2, B4-100, and B4-200 series airplanes. That AD requires 
supplemental structural inspections to detect fatigue cracking, and 
repair or replacement, if necessary; or the installation of specific 
modifications. That action was prompted by a structural reevaluation, 
which identified certain significant structural components to inspect 
for fatigue cracks as these airplanes approach and exceed the 
manufacturer's original fatigue design life goal. The requirements of 
that AD are intended to prevent reduced structural integrity of these 
airplanes.
    Since the issuance of that AD, the Direction Generale de l'Aviation 
Civile (DGAC), which is the airworthiness authority for France, 
recently notified the FAA that an unsafe condition may exist on all 
Airbus Model A300-600 series airplanes. The DGAC advises that, during 
sampling inspections required by AD 93-01-24, cracking was found in the 
radius of frame 40 adjacent to the tension bolts at the center/outer 
wing junction. The cracking occurred on Model A300 B2 and B4 series 
airplanes that had accumulated between 15,000 and 24,000 total flight 
cycles. The cause of such cracking has been attributed to fatigue-
related stress. Such fatigue-related cracking, if not corrected, could 
result in reduced structural integrity of the wings.
    The subject area on certain Model A300-600 series airplanes is 
almost identical to that on the affected Model A300 B2 and B4 series 
airplanes. Therefore, those Model A300-600 series airplanes may be 
subject to the same unsafe condition revealed on the Model A300 B2 and 
B4 series airplanes.

Explanation of Relevant Service Information

    Airbus has issued Service Bulletin A300-57-6062, dated February 14, 
1995, which describes procedures for an eddy current inspection to 
detect cracks on the forward fittings in the radius of frame 40 
adjacent to the tension bolts in the center section of the wings, and 
various follow-on actions. (These follow-on actions include applying a 
sealant, eddy current inspections, and blending of cracks.) This 
service bulletin permits further flight, under certain conditions, with 
forward fittings that are cracked within certain limits. The DGAC 
classified this service bulletin as mandatory and issued French 
airworthiness directive 95-063-177(B), dated April 12, 1995, in order 
to assure the continued airworthiness of these airplanes in France.

Explanation of the Proposed Rule

    This airplane model is manufactured in France and is type 
certificated for operation in the United States under the provisions of 
section 21.29 of the Federal Aviation Regulations (14 CFR 21.29) and 
the applicable bilateral airworthiness agreement. Pursuant to this 
bilateral airworthiness agreement, the DGAC has kept the FAA informed 
of the situation described above. The FAA has examined the findings of 
the DGAC, reviewed all available information, and determined that AD 
action is necessary for products of this type design that are 
certificated for operation in the United States.
    Since an unsafe condition has been identified that is likely to 
exist or develop on other airplanes of the same type design, the 
proposed AD would require an eddy current inspection to detect cracks 
on the forward fittings in the radius of frame 40 adjacent to the 
tension bolts in the center section of the wings, and various follow-on 
actions. The actions would be required to be accomplished in accordance 
with the service bulletin described previously.

Differences Between the Proposed Rule and Relevant Service 
Information

    Operators should note that, unlike the procedures described in the 
referenced service bulletin, this proposed AD would not permit further 
flight with cracking detected in the forward fittings. The FAA has 
determined that, due to the safety implications and consequences 
associated with such cracking under certain conditions, the subject 
forward fittings that are found to be cracked must be repaired. In 
addition, if any crack is removed and the blend out is greater than 50 
mm long and/or 2 mm deep, the forward fitting must be repaired. These 
repairs would be required to be accomplished in accordance with a 
method approved by the FAA.
    In addition, the service bulletin specifies that inspection 
thresholds and intervals should be adjusted based on the average 
utilization rate of the airplane. However, the FAA has determined that, 
in some cases, such adjustments would not address the unsafe condition 
in a timely manner. Therefore, this proposed AD does not permit such 
adjustments. In developing the appropriate inspection thresholds and 
intervals for the proposed rule, the FAA considered not only the 
manufacturer's recommendation and the average utilization rate of the 
affected U.S. registered airplanes, but the safety implications 
involved with cracking in the radius of frame 40 adjacent to the 
tension bolts at the center/outer wing junction. In light of these 
factors, the FAA finds the compliance times specified in the proposed 
AD for initiating the required actions to be warranted, in that they 
represent an appropriate interval of time allowable for the affected 
airplanes to continue to operate without compromising safety.
    Furthermore, the service bulletin specifies that operators need not 
count touch-and-go landings in determining the total number of landings 
between two consecutive inspections, even if those landings are less 
than five percent of the landings between inspection intervals. Since 
fatigue cracking that was found in the radius of frame 40 adjacent to 
the tension bolts at the center/outer wing is aggravated by landing, 
the FAA finds that all touch-and-go landings must be counted in 
determining the total number of landings between two consecutive 
inspections.

Cost Impact

    The FAA estimates that 35 airplanes of U.S. registry would be 
affected by this proposed AD, that it would take approximately 22 work 
hours per airplane to accomplish the proposed actions, and that the 
average labor rate is $60 per work hour. Based on these figures, the 
cost impact of the proposed AD on U.S. operators is estimated to be 
$46,200, or $1,320 per airplane, per inspection cycle.
    The cost impact figure discussed above is based on assumptions that 
no operator has yet accomplished any of the proposed requirements of 
this AD action, and that no operator would 

[[Page 8899]]
accomplish those actions in the future if this AD were not adopted.

Regulatory Impact

    The regulations proposed herein would 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. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this proposed 
regulation (1) is not a ``significant regulatory action'' under 
Executive Order 12866; (2) is not a ``significant rule'' under the DOT 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, will not have a significant economic impact, 
positive or negative, on a substantial number of small entities under 
the criteria of the Regulatory Flexibility Act. A copy of the draft 
regulatory evaluation prepared for this action is contained in the 
Rules Docket. A copy of it may be obtained by contacting the Rules 
Docket at the location provided under the caption ADDRESSES.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Safety.

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me by the 
Administrator, the Federal Aviation Administration proposes to amend 
part 39 of the Federal Aviation Regulations (14 CFR part 39) as 
follows:

PART 39--AIRWORTHINESS DIRECTIVES

    1. The authority citation for part 39 continues to read as follows:

    Authority: 49 USC 106(g), 40113, 44701.

Sec. 39.13  [Amended]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:
Airbus Industrie: Docket 95-NM-150-AD.

    Applicability: All Model A300-600 series airplanes, certificated 
in any category.
    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To prevent fatigue-related cracking, which could result in 
reduced structural integrity of the wing, accomplish the following:
    (a) Perform an eddy current inspection to detect cracks on the 
forward fittings in the radius of frame 40 adjacent to the tension 
bolts in the center section of the wings, in accordance with Airbus 
Service Bulletin A300-57-6062, dated February 14, 1995, at the 
applicable time specified in either paragraph (a)(1) or (a)(2) of 
this AD.
    (1) For airplanes that have accumulated 12,400 total landings or 
less as of the effective date of this AD: Inspect prior to the 
accumulation of 10,500 total landings, or within 1,500 landings 
after the effective date of this AD, whichever occurs later.
    (2) For airplanes that have accumulated more than 12,400 total 
landings as of the effective date of this AD: Inspect within 750 
landings after the effective date of this AD.
    (b) If no crack is detected during the inspection required by 
paragraph (a) of this AD, prior to further flight, apply sealant, in 
accordance with Airbus Service Bulletin A300-57-6062, dated February 
14, 1995. Repeat the eddy current inspection thereafter at intervals 
not to exceed 4,500 landings.
    (c) If any crack is detected during the inspection required by 
paragraph (a) of this AD, prior to further flight, blend it out in 
accordance with Airbus Service Bulletin A300-57-6062, dated February 
14, 1995. Prior to further flight after accomplishing the blend out, 
perform an eddy current inspection to verify that the crack has been 
removed, in accordance with the service bulletin.
    (1) If any crack is removed and the blend out is equal to or 
less than 50 mm long and/or 2 mm deep, repeat the eddy current 
inspection required by paragraph (a) of this AD thereafter at 
intervals not to exceed 950 landings.
    (2) If any crack exists, or if any crack is removed and the 
blend out is more than 50 mm long and/or 2 mm deep, prior to further 
flight, repair in accordance with a method approved by the Manager, 
Standardization Branch, ANM-113, FAA, Transport Airplane 
Directorate.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, Standardization Branch, ANM-113. 
Operators shall submit their requests through an appropriate FAA 
Principal Maintenance Inspector, who may add comments and then send 
it to the Manager, Standardization Branch, ANM-113.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the Standardization Branch, ANM-113.

    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.

    Issued in Renton, Washington, on February 27, 1996.
Darrell M. Pederson,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 96-5221 Filed 3-5-96; 8:45 am]
BILLING CODE 4910-13-P

Complete official Federal Register PDF

FR Doc. 96-5214 Food Labeling: Nutrient Content Claims, General Principles; Health Claims, General Requirements and Other Specific Requirements for Individual Health Claims; Correction
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Pages 8900-8901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5214]

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

DEPARTMENT OF HEALTH AND HUMAN SERVICES-

Food and Drug Administration

21 CFR Part 101

[Docket Nos. 94P-0390 and 95P-0241]

Food Labeling: Nutrient Content Claims, General Principles; 
Health Claims, General Requirements and Other Specific Requirements for 
Individual Health Claims; Correction

AGENCY: Food and Drug Administration, HHS.

ACTION: Proposed rule; correction.

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

SUMMARY: The Food and Drug Administration (FDA) is correcting a 
proposed rule that appeared in the Federal Register of December 21, 
1995 (60 FR 66206). The document proposed to amend the food labeling 
regulations on nutrient content claims and health claims to provide 
additional flexibility in the use of these claims on food products. The 
document was published with some typographical errors. This document 
corrects those errors.

DATES: Written comments by March 20, 1996. The agency is proposing that 
any final rules that may issue based upon this proposal become 
effective on the date of publication.

ADDRESSES: Written comments to the Dockets Management Branch (HFA-305), 
Food and Drug Administration, 12140 Parklawn Dr., rm. 1-23, Rockville, 
MD 20857, 301-443-1751.

FOR FURTHER INFORMATION CONTACT: F. Edward Scarbrough, Center for Food 
Safety and Applied Nutrition (HFS-150), Food and Drug Administration, 
200 C St. SW., Washington, DC 20204, 202-205-4561.

[[Page 8901]]

     In FR Doc. 95-31008, appearing on page 66206 in the Federal 
Register of Thursday, December 21, 1995, the following corrections are 
made:
    1. On page 66213, in the first column, in the second full 
paragraph, beginning in the third line, ``thiamin, niacin, or 
carbohydrates'' is corrected to read ``thiamin, niacin, or complex 
carbohydrates'', and beginning in the tenth line, ``thiamin, niacin, or 
carbohydrates'' is corrected to read ``thiamin or niacin''.
     2. On page 66214, in the third column, in the second full 
paragraph, in the fifteenth line, ``of formation'' is corrected to read 
``of information''.

    Dated: February 27, 1996.
William K. Hubbard,
Associate Commissioner for Policy Coordination.
[FR Doc. 96-5214 Filed 3-5-96; 8:45 am]
BILLING CODE 4160-01-F

Complete official Federal Register PDF

FR Doc. 96-5186 Fixed-Satellite Service
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Page 8905]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5186]

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

FEDERAL COMMUNICATIONS COMMISSION

47 CFR Parts 2 and 25

[ET Docket No. 96-20, RM-8638; FCC 96-55]

Fixed-Satellite Service

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: By this Notice of Proposed Rule Making (NPRM), the Commission 
proposes to allocate the 13.75-14.0 GHz band to the Fixed-Satellite 
Service (``FSS'') on a co-primary basis for Earth-to-space (``uplink'') 
transmissions. Adoption of this proposal would accommodate growing 
demand for FSS services and would provide satellite operators with 
increased flexibility in the design of their systems.

DATES: Comments must be submitted on or before April 1, 1996 and reply 
comments must be submitted on or before April 16, 1996.

ADDRESSES: Comments and reply comments should be sent to Office of the 
Secretary, Federal Communications Commission, Washington, DC 20554.

FOR FURTHER INFORMATION CONTACT: Tom Mooring, Office of Engineering and 
Technology, (202) 418-2450.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's NPRM 
in ET Docket No. 96-20, adopted on February 13, 1996, and released on 
February 23, 1996. The complete NPRM is available for inspection and 
copying during normal business hours in the FCC Reference Center (Room 
239), 1919 M Street, N.W., Washington, D.C., and also may be purchased 
from the Commission's duplication contractor, International 
Transcription Service, (202) 857-3800, 2100 M Street, N.W., Suite 140, 
Washington D.C. 20037.

Summary of NPRM

    1. The Commission proposes to amend Part 2 of its rules to allocate 
the 13.75-14.0 GHz frequency band to the FSS on a co-primary basis for 
uplink transmissions and to make conforming revisions to the associated 
service rules in Part 25. The FSS is a radiocommunication service 
between earth stations at a specified fixed point or any fixed point 
within specified areas and one or more satellites. In some cases this 
service includes satellite-to-satellite links, which may also be 
operated in the inter-satellite service. The FSS may also include 
feeder links for other space radiocommunication services. In addition, 
the Commission proposes to adopt domestically the international 
footnotes that specify the spectrum sharing criteria between incumbent 
services and the FSS as contained in the United States Proposals for 
the 1995 World Radiocommunication Conference (``WRC-95''). The 
Commission notes that WRC-95 has recently concluded and that it adopted 
most of the United States' proposals. The Commission is reviewing the 
decisions made at WRC-95 and will consider the international footnotes 
adopted for the 13.75-14.0 GHz band later in this proceeding. The 
Commission also proposes to adopt a United States footnote that would 
require that all FSS applications requesting the use of any frequency 
in the 13.75-13.8 GHz band segment be coordinated in order to minimize 
harmful interference to the Federal Government's Tracking and Data 
Relay Satellite System. This action would be consistent with the 
international allocation for this band made at the 1992 World 
Administrative Radio Conference, and would provide incumbent operations 
in this band with adequate interference protection from FSS uplinks.

List of Subjects

47 CFR Part 2

    Radio.

47 CFR Part 25

    Radio, Satellites.

Federal Communications Commission.
William F. Caton,
Acting Secretary.
[FR Doc. 96-5186 Filed 3-5-96; 8:45 am]
BILLING CODE 6712-01-P

Complete official Federal Register PDF

FR Doc. 96-5185 Automatic Operation of Aeronautical Advisory Stations (Unicoms)
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Pages 8905-8907]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5185]

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

FEDERAL COMMUNICATIONS COMMISSION
47 CFR Part 87

[WT Docket No. 96-1, FCC 96-2]

Automatic Operation of Aeronautical Advisory Stations (Unicoms)

AGENCY: Federal Communications Commission.

ACTION: Proposed rule.

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

SUMMARY: The Commission has adopted a Notice of Proposed Rule Making 
(NPRM) which seeks to permit unattended, automatic operation of 
aeronautical advisory stations (unicoms) to enhance service to the 
general aviation community. This action stems from a Petition for Rule 
Making filed by Potomac Aviation Technology Corporation (PATC). The 
proposed rules would facilitate more efficient use of previously-
allocated radio spectrum, make unicom services more widely available 
within the general aviation community, and increase safety in air 
navigation.

DATES: Comments must be filed on or before March 29, 1996, and reply 
comments must be filed on or before April 29, 1996. Written comments by 
the public on the proposed and/or modified information collections are 
due on or before March 29, 1996, and reply comments on or before April 
29, 1996. Written comments must be submitted by the Office of 
Management and Budget (OMB) on the proposed and/or modified information 
collections on or before May 6, 1996.

ADDRESSES: Federal Communications Commission, 1919 M Street, NW., 
Washington, DC 20554. In addition to filing comments with the 
Secretary, a copy of any comments on the information collections 
contained herein should be submitted to Dorothy Conway, Federal 
Communications Commission, Room 234, 1919 M Street, NW., Washington, DC 
20554, or via the Internet to [email protected], and to Timothy Fain, OMB 
Desk Officer, 10236 NEOB, 725--17th Street, NW., Washington, DC 20503 
or via the Internet to [email protected].

FOR FURTHER INFORMATION CONTACT: Roger Noel of the Wireless 
Telecommunications Bureau at (202) 418-0680. For additional information 
concerning the information collections contained in this NPRM contact 
Dorothy 

[[Page 8906]]
Conway at 202-418-0217, or via the Internet at [email protected].

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's NPRM, 
WT Docket No. 96-1, FCC 96-2, adopted January 11, 1996, and released 
January 29, 1996. The full text of this NPRM is available for 
inspection and copying during normal business hours in the FCC 
Reference Center (Room 239) 1919 M Street, NW., Washington, DC. The 
complete text may be purchased from the Commission's copy contractor, 
ITS, Inc., 2100 M Street NW., Suite 140, Washington, DC 20037, 
telephone (202) 857-3800. This NPRM contains proposed or modified 
information collections subject to the Paperwork Reduction Act of 1995 
(PRA), Pub. L. No. 104-13. It has been submitted to the Office of 
Management and Budget (OMB) for review under Section 3507(d) of the 
PRA. OMB, the general public, and other Federal agencies are invited to 
comment on the proposed or modified information collections contained 
in this proceeding.

Summary of Notice of Proposed Rule Making

    1. The unicom service was established in the 1950s to provide 
weather and runway advisories, radio checks, and other services 
necessary to the safe and expeditious operation of general aviation 
aircraft, and is a primary source of this type of information at many 
of the nation's 15,000 general aviation airfields. Many smaller 
airfields, however, cannot afford personnel to operate unicom stations 
full-time, nor can they afford other already-available but more complex 
automated advisory systems such as automatic weather observation 
stations (AWOS) or automatic terminal information stations (ATIS). The 
instant proceeding was initiated by a petition for rulemaking filed by 
Potomac Aviation Technology Corporation (PATC). PATC has been operating 
several automatic unicom stations under a developmental license since 
February, 1994.
    2. The Commission proposes to expand the unicom service by 
permitting unicom stations to transmit in automatic mode without a live 
operator at the control point. Unicoms operating in automatic mode will 
be subject to all of the rules applicable to non-automatic unicoms. In 
order to reduce the potential for increased congestion on the unicom 
frequencies, however, unicoms in automatic mode must be configured to 
imitate basic congestion-reducing techniques employed by live 
operators.
    3. Specifically, unicoms in automatic mode must transmit only in 
response to pilot interrogation via brief keyed RF signals from 
aircraft stations (generated by briefly depressing the ``push-to-talk'' 
button on an aircraft's microphone), monitor the unicom frequency 
before transmitting, and transmit only when the frequency has been 
silent for at least three seconds.
    4. Under the proposed rules, only one unicom station will be 
permitted to operate in automatic mode at any airport. There will be no 
special licensing requirements for automated unicom operation beyond 
those applicable to a non-automatic unicom station; however, if an 
automatic unicom is to operate at an airport where more than one unicom 
station has been authorized, all of the unicom operators at that 
airport must come to an arrangement concerning who will control the 
automatic operations or how control will be shared. The Commission 
seeks specific comments concerning the proposed rule amendments set 
forth at the end of this document.
    5. This NPRM is issued under the authority of sections 4(i), 4(j), 
and 303(r) of the Communications Act of 1934, as amended, 47 U.S.C. 
154(i), 154(j), and 303(r).

Initial Regulatory Flexibility Analysis

Reason for Action

    The Commission proposes to permit Aeronautical Advisory Stations 
(Unicoms) to operate in automatic mode.

Objectives

    We seek to increase unicom service availability without allocating 
new spectrum to the service or causing an increase in congestion on the 
unicom frequencies.

Legal Basis

    The proposed action is authorized under Sections 4(i) and 303(r) of 
the Communications Act, 47 U.S.C. Secs. 154(i) and 303(r).

Reporting, Recordkeeping and Other Compliance Requirements

    Our proposed addition of 47 CFR Sec. 87.219 would require all 
unicom licensees at airports having more than one unicom to jointly 
sign a letter of agreement, prior to the operation of a unicom in 
automatic mode at such an airport, stating the name(s) of the 
licensee(s) who will control the automatic unicom and, if applicable, 
how control of the automatic unicom will be divided.

Federal Rules Which Overlap, Duplicate or Conflict With These Rules

    None; however, FAA Advisory Circular 150/5340, ``Air-to-Ground 
Radio Control of Airport Lighting Systems'' addresses the method of 
activating automated systems contained in our proposed amendments and 
permitted under our current rules. Any proposed changes to 47 CFR. 
Sec. 87.187(y) should be fully compatible with the FAA Advisory 
Circular.

Description, Potential Impact, and Small Entities Involved

    Permitting Aeronautical Advisory Stations (Unicoms) to operate in 
automatic mode will make efficient use of previously-allocated spectral 
resources, will make unicom services more widely available within the 
general aviation community, will likely create a small number of 
manufacturing jobs, and will benefit pilots who rely on unicom 
information.

Any Significant Alternatives Minimizing the Impact on Small Entities 
Consistent With the Stated Objectives

    None.

Paperwork Reduction Act

    This NPRM contains either a proposed or modified information 
collection. The Commission, as part of its continuing effort to reduce 
paperwork burdens, invites the general public and the Office of 
Management and Budget (OMB) to comment on the information collections 
contained in this NPRM, as required by the Paperwork Reduction Act of 
1995, Pub. L. No. 104-13. Public and agency comments are due at the 
same time as other comments on this NPRM; OMB comments are due 60 days 
from date of publication of this NPRM in the Federal Register. Comments 
should address: (a) whether the proposed collection of information is 
necessary for the proper performance of the functions of the 
Commission, including whether the information shall have practical 
utility; (b) the accuracy of the Commission's burden estimates; (c) 
ways to enhance the quality, utility, and clarity of the information 
collected; and (d) ways to minimize the burden of the collection of 
information on the respondents, including the use of automated 
collection techniques or other forms of information technology.
    OMB Approval Number: N/A.
    Title: Proposed 87.219 Automatic operations (NPRM in WT Dck No 96-
1).
    Form No.: N/A.
    Type of Review: New collection.
    Respondents: Business or other for-profit.
    
[[Page 8907]]

    Number of Respondents: 50.
    Estimated Time Per Response: 0.7 hour.
    Total Annual Annualized Cost: $5,500.
    Total Annual Burden: 35.
    Needs and Uses: This rule requires that if airports have control 
towers or FAA flight service stations, and more than one licensee and 
want to have an automated aeronautical advisory station (unicom), they 
must write an agreement outlining who will be responsible for the 
unicom's operation, sign the agreement and keep a copy of the agreement 
with each licensee's station authorization. The information will be 
used by compliance personnel for enforcement purposes and by licensees 
to clarify responsibility in operating unicom.

List of Subjects in 47 CFR Part 87

    Communications equipment, Radio, Reporting and recordkeeping 
requirements.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Proposed Rules

    Chapter I of Title 47 of the Code of Federal Regulations, Part 87, 
is proposed to be amended as follows:

PART 87--AVIATION SERVICES

    The authority citation for Part 87 continues to read as follows:

    Authority: 48 Stat. 1066, 1082, as amended; 47 U.S.C. 154, 303, 
unless otherwise noted. Interpret or apply 48 Stat. 1064-1068, 1081-
1105, as amended; 47 U.S.C. 151-156, 301-609.

    Section 87.5 is amended by revising the definition of ``automatic 
weather observation station'' to read as follows:

Sec. 87.5  Definitions.

* * * * *
    Automatic weather observation station (AWOS) or automatic surface 
observation station (ASOS). A land station located at an airport and 
used to automatically transmit weather information to aircraft.
* * * * *
    3. Section 87.187 is amended by revising paragraph (y) introductory 
text and the first sentence in paragraph (y)(4) to read as follows:

Sec. 87.187  Frequencies.

* * * * *
    (y) Brief keyed RF signals (keying the transmitter by momentarily 
depressing the microphone ``push-to-talk'' button) may be transmitted 
from aircraft for the control of automated unicoms on the unicom 
frequencies listed in paragraph (y)(3) of this section, or for the 
control of airport lights on the following frequencies:
* * * * *
    (4) Aviation support station frequencies listed in Sec. 87.323(b): 
* * *
* * * * *
    4. A new Section 87.219 is added to Subpart G to read as follows:

Sec. 87.219  Automatic operations.

    (a) A station operator need not be present when an automated unicom 
is in operation.
    (b) In addition to the requirements applicable to non-automated 
unicom operations, unicoms operating in an automated mode must:
    (1) Monitor the unicom frequency prior to transmission, and 
transmit only when no detectable signals are received for at least 
three seconds;
    (2) Transmit only in response to brief keyed RF signals from 
aircraft stations as specified in Sec. 87.187(y);
    (3) Automatically shut down after three minutes of continuous 
transmission.
    (c) Automated advisory transmissions must be as brief as possible, 
and must include the time and date of the advisory message's last 
update in each transmission.
    (d) Only one automated unicom may be operated at an airport. Prior 
to the operation of an automated unicom at an airport with more than 
one unicom licensee, all of the licensees at that airport must sign a 
letter of agreement stating which licensee(s) control the automated 
unicom operations, and, if control is to be shared among several 
operators, how that control will be divided or scheduled. The original 
or a copy of the letter of agreement must be kept with each licensees' 
station records. Within 90 days of the date upon which a new unicom 
operator is licensed at an airport where more than one unicom is 
authorized, and an automated unicom is being operated, an amended 
letter of agreement that includes the new licensee's signature must be 
signed or automated unicom operations must cease.
    5. Section 87.419 is revised to read as follows:

Sec. 87.419  Supplemental eligibility.

    Only one control tower or RCO will be licensed at an airport.
    6. Subpart S is amended by revising the heading to read as follows:

Subpart S--Automatic Weather Stations (AWOS/ASOS)

    7. Section 87.525 is revised to read as follows:

Sec. 87.525  Scope of service.

    Automatic weather observation stations (AWOS) and automatic surface 
observation stations (ASOS) must provide up-to-date weather information 
including the time of the latest weather sequence, altimeter setting, 
wind speed and direction, dew point, temperature, visibility and other 
pertinent data needed at airports having neither a full-time control 
tower nor a full-time FAA Flight Service Station. When a licensee has 
entered into an agreement with the FAA, an AWOS or an ASOS may also 
operate as an automatic terminal information station (ATIS) during the 
control tower's operating hours.
    8. Section 87.527 is amended by revising the first sentence of 
paragraph (b) and paragraph (c) to read as follows:

Sec. 87.527  Supplemental eligibility.

* * * * *
    (b) Eligibility for an AWOS, an ASOS, or an ATIS is limited to the 
owner or operator of an airport or to a person who has entered into a 
written agreement with the owner or operator for exclusive rights to 
operate and maintain the station. Where applicable a copy of the 
agreement between the applicant and owner or operator of the airport 
must be submitted with an application. * * *
    (c) Only one AWOS, ASOS, or ATIS will be licensed at an airport.
    9. Section 87.529 is amended by revising the fourth and fifth 
sentences to read as follows:

Sec. 87.529  Frequencies.

    * * * Normally, frequencies available for air traffic control 
operations set forth in subpart E will be assigned to an AWOS, ASOS, or 
to an ATIS. When a licensee has entered into an agreement with the FAA 
to operate the same station as both an AWOS and as an ATIS, or as an 
ASOS and an ATIS, the same frequency will be used in both modes of 
operation.

[FR Doc. 96-5185 Filed 3-5-96; 8:45 am]
BILLING CODE 6712-01-P

Complete official Federal Register PDF

FR Doc. 96-5160 Substances Approved for Use in Preparation of Meat and Poultry ProductsReopening of Comment Period
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Page 8892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5160]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================

Federal Register / Vol. 61, No. 45 / Wednesday, March 6, 1996 / 
Proposed Rules

[[Page 8892]]

DEPARTMENT OF AGRICULTURE

Food Safety and Inspection Service

9 CFR Parts 310, 318, 319, and 381

[Docket No. 88-026E]

Substances Approved for Use in Preparation of Meat and Poultry 
Products--Reopening of Comment Period

AGENCY: Food Safety and Inspection Service, USDA.

ACTION: Proposed rule; reopening of comment period.

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

SUMMARY: The Food Safety and Inspection Service (FSIS) is reopening the 
comment period for the proposed rule, ``Substances Approved for Use in 
the Preparation of Meat and Poultry Products'' (60 FR 67459), published 
in the Federal Register on December 29, 1995, in response to a request 
for additional time to answer comments. FSIS is interested in receiving 
properly evaluated and thoughtful comments on the proposal. Therefore, 
FSIS is reopening the comment period for 60 days.

DATES: Comments must be received on or before May 6, 1996.

ADDRESSES: Send an original and two copies of written comments to: FSIS 
Docket Clerk, Docket #88-026P, Room 4352, South Agriculture Building, 
Food Safety and Inspection Service, U.S. Department of Agriculture, 
Washington, DC 20250-3700.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph Stafko, Deputy Director, 
Policy, Evaluation and Planning Staff, Food Safety and Inspection 
Service, U.S. Department of Agriculture, Room 3835, South Agriculture 
Building, Washington, DC 20250-3700; (202) 720-7773.

    Done at Washington, DC, on: February 28, 1996.
Michael R. Taylor,
Acting Under Secretary for Food Safety.
[FR Doc. 96-5160 Filed 3-5-96; 8:45 am]
BILLING CODE 3410-DM-P

Complete official Federal Register PDF

FR Doc. 96-5122 Establishment of Class D Airspace; Minneapolis, Anoka, MN
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Pages 8899-8900]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5122]

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

DEPARTMENT OF TRANSPORTATION
14 CFR Part 71

[Airspace Docket No. 95-AGL-21]

Establishment of Class D Airspace; Minneapolis, Anoka, MN

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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

SUMMARY: This notice proposes to establish Class D airspace at Anoka 
County-Blaine Airport, Anoka, MN. Class D airspace is needed during the 
specific times that the Anoka County-Blaine Air Traffic Control Tower 
(ATCT) is in operation. The intended effect of this proposal is to 
provide segregation of aircraft using instrument approach procedures in 
instrument conditions from other aircraft operating in visual weather 
conditions.

DATES: Comments must be received on or before April 25, 1996.

ADDRESSES: Send comments on the proposal in triplicate to: Federal 
Aviation Administration, Office of the Assistant Chief Counsel, AGL-7, 
Rules Docket No. 95-AGL-21, 2300 East Devon Avenue, Des Plaines, 
Illinois 60018.
    The official docket may be examined in the Office of the Assistant 
Chief Counsel, Federal Aviation Administration, 2300 East Devon Avenue, 
Des Plaines, Illinois. An informal docket may also be examined during 
normal business hours at the Air Traffic Division, System Management 
Branch, Federal Aviation Administration, 2300 East Devon Avenue, Des 
Plaines, Illinois.

FOR FURTHER INFORMATION CONTACT:
Peter H. Salmon, Air Traffic Division, System Management Branch, AGL-
530, Federal Aviation Administration, 2300 East Devon Avenue, Des 
Plaines, Illinois 60018, telephone (708) 294-7568.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Interested parties are invited to participate in this proposed 
rulemaking 

[[Page 8900]]
by submitting such written data, views, or arguments as they may 
desire. Comments that provide the factual basis supporting the views 
and suggestions presented are particularly helpful in developing 
reasoned regulatory decisions on the proposal. Comments are 
specifically invited on the overall regulatory, aeronautical, economic, 
environmental, and energy-related aspects of the proposal. 
Communications should identify the airspace docket number and be 
submitted in triplicate to the address listed above. Commenters wishing 
the FAA to acknowledge receipt of their comments on this notice must 
submit with those comments a self-addressed, stamped postcard on which 
the following statement is made: ``Comments to Airspace Docket No. 95-
AGL-21.'' The postcard will be date/time stamped and returned to the 
commenter. All communications received on or before the specified 
closing date for comments will be considered before taking action on 
the proposed rule. The proposal contained in this notice may be changed 
in light of comments received. All comments submitted will be available 
for examination in the Rules Docket, FAA, Great Lakes Region, Office of 
the Assistant Chief Counsel, 2300 East Devon Avenue, Des Plaines, 
Illinois, both before and after the closing date for comments. A report 
summarizing each substantive public contact with FAA personnel 
concerned with this rulemaking will be filed in the docket.

Availability of NPRM's

    Any person may obtain a copy of the Notice of Proposed Rulemaking 
(NPRM) by submitting a request to the Federal Aviation Administration, 
Office of Public Affairs, Attention: Public Inquiry Center, APA-230, 
800 Independence Avenue, S.W., Washington, DC 20591, or by calling 
(202) 267-3484. Communications must identify the notice number of this 
NPRM. Persons interested in being placed on a mailing list for future 
NPRM's should also request a copy of Advisory Circular No. 11-2A, which 
describes the application procedure.

The Proposal

    The FAA is considering an amendment to part 71 of the Federal 
Aviation Regulations (14 CFR part 71) to establish Class D airspace at 
Anoka County-Blaine Airport, Anoka, MN. Class D airspace is needed 
during the specific times that the Anoka County-Blaine ATCT is in 
operation. The intended effect of this action is to provide segregation 
of aircraft using instrument approach procedures in instrument 
conditions from other aircraft operating in visual weather conditions. 
The area would be depicted on appropriate aeronautical charts thereby 
enabling pilots to circumnavigate the area or otherwise comply with IFR 
procedures. Class D airspace designations are published in paragraph 
5000 of FAA Order 7400.9C dated August 17, 1995, and effective 
September 16, 1995, which is incorporated by reference in 14 CFR 71.1. 
The Class D airspace designation listed in this document would be 
published subsequently in the Order.
    The FAA has determined that this proposed regulation only involves 
an established body of technical regulations for which frequent and 
routine amendments are necessary to keep them operationally current. 
Therefore this, proposed regulation--(1) is not a ``significant 
regulatory action'' under Executive Order 12866; (2) is not a 
``significant rule'' under DOT Regulatory Policies and Procedures (44 
FR 11034; February 26, 1979); and (3) does not warrant preparation of a 
Regulatory Evaluation as the anticipated impact is so minimal. Since 
this is a routine matter that will only affect air traffic procedures 
and air navigation, it is certified that this proposed rule will not 
have a significant economic impact on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal 
Aviation Administration proposes to amend part 71 of the Federal 
Aviation Regulations (14 CFR part 71) as follows:

PART 71--[AMENDED]

    1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 
FR 9565, 3 CFR, 1959-1963 Comp., p. 389; 14 CFR 11.69.

Sec. 71.1  [Amended]

    2. The incorporation by reference in 14 CFR 71.1 of the Federal 
Aviation Administration Order 7400.9C, Airspace Designations and 
Reporting Points, dated August 17, 1995, and effective September 16, 
1995, is amended as follows:

Paragraph 5000  General

* * * * *

AGL MN D Minneapolis, Anoka, MN [New]

Minneapolis, Anoka County-Blaine Airport, MN
    (Lat. 45 deg.08'41.6''N, long. 93 deg.12'39.8''W)

    That airspace extending upward from the surface to and including 
3400 feet MSL within a 3.9-mile radius of Anoka County-Blaine 
Airport. This Class D airspace area is effective during the specific 
dates and times established in advance by a Notice to Airmen. The 
effective dates and times will thereafter be continuously published 
in the Airport/Facility Directory.
* * * * *
    Issued in Des Plaines, Illinois on January 25, 1996.
Maureen Woods,
Acting Manager, Air Traffic Division.
[FR Doc. 96-5122 Filed 3-5-96; 8:45 am]
BILLING CODE 4910-13-M

Complete official Federal Register PDF

FR Doc. 96-5106 Revision of Requirements Governing Surety Bonds for Outer Continental Shelf Leases
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Page 8901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5106]

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

DEPARTMENT OF THE INTERIOR
Minerals Management Service
30 CFR Parts 250, 251, and 256
RIN 1010-AB92

Revision of Requirements Governing Surety Bonds for Outer 
Continental Shelf Leases
AGENCY: Minerals Management Service (MMS), Interior.

ACTION: Extension of comment period for proposed rule.

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

SUMMARY: This document extends to May 6, 1996, the deadline for the 
submission of comments on the proposed revision of requirements 
governing surety bonds for Outer Continental Shelf (OCS) leases that 
were published December 8, 1995.

DATES: MMS will consider all comments we receive by May 6, 1996. We 
will begin reviewing comments at that time and may not fully consider 
comments we receive after May 6, 1996, in this rulemaking.

ADDRESSES: Written comments must be mailed or hand-carried to the 
Department of the Interior; Minerals Management Service; 381 Elden 
Street; Mail Stop 4700; Herndon, Virginia 22070-4817; Attention: Chief, 
Engineering and Standards Branch.

FOR FURTHER INFORMATION CONTACT:
Gerald D. Rhodes, Engineering and Technology Division, Telephone (703) 
787-1609.

SUPPLEMENTARY INFORMATION: The MMS has been asked to extend the 
deadline for respondents to submit comments on the proposed revisions 
of MMS's requirements governing surety bonds for OCS leases that were 
published December 8, 1995 (60 FR 63011). The request explains that 
more time is needed to allow respondents time to prepare detailed and 
comprehensive comments and recommendations on the complex factual and 
legal issues posed by MMS's proposal.

    Dated: February 28, 1996.
Thomas M. Gernhofer,
Associate Director for Offshore Minerals Management.
[FR Doc. 96-5106 Filed 3-5-96; 8:45 am]
BILLING CODE 4310-MR-M

Complete official Federal Register PDF

FR Doc. 96-5083 Approval and Promulgation of Implementation Plans; Kentucky: Approval of Revisions to the State Implementation Plan
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Page 8901]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-5083]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[KY-71-2-6062b; FRL-5427-5]

Approval and Promulgation of Implementation Plans; Kentucky: 
Approval of Revisions to the State Implementation Plan

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: The EPA proposes to approve the State implementation plan 
(SIP) revision submitted by the Commonwealth of Kentucky for the 
purpose of establishing a Stage II vapor recovery program in 
Louisville, Kentucky. In the final rules section of this Federal 
Register, the EPA is approving the State's SIP revision as a direct 
final rule without prior proposal because the Agency views this as a 
noncontroversial revision amendment and anticipates no adverse 
comments. A detailed rationale for the approval is set forth in the 
direct final rule. If no adverse comments are received in response to 
this proposed rule, no further activity is contemplated in relation to 
this proposed rule. If EPA receives adverse comments, the direct final 
rule will be withdrawn and all public comments received will be 
addressed in a subsequent final rule based on this proposed rule. The 
EPA will not institute a second comment period on this document. Any 
parties interested in commenting on this document should do so at this 
time.

DATES: To be considered, comments must be received by April 5, 1996.

ADDRESSES: Written comments on this action should be addressed to Alan 
Powell at the EPA Regional Office listed below.
    Copies of the documents relative to this action are available for 
public inspection during normal business hours at the following 
locations. The interested persons wanting to examine these documents 
should make an appointment with the appropriate office at least 24 
hours before the visiting day.

Air and Radiation Docket and Information Center (Air Docket 6102), U.S. 
Environmental Protection Agency, 401 M Street, SW., Washington, DC 
20460
Environmental Protection Agency, Region 4 Air Programs Branch, 345 
Courtland Street, NE., Atlanta, Georgia 30365
Kentucky Resources and Environmental Protection Cabinet, Department for 
Environmental Protection, Division for Air Quality, 316 St. Clair Mall, 
Frankfort, Kentucky 40601.

FOR FURTHER INFORMATION CONTACT: Alan Powell, Regulatory Planning and 
Development Section, Air Programs Branch, Air, Pesticides & Toxics 
Management Division, Region 4 Environmental Protection Agency, 345 
Courtland Street, NE., Atlanta, Georgia 30365. The telephone number is 
404/347-3555, extension 4209. Reference file KY-71-2.

SUPPLEMENTARY INFORMATION: For additional information see the direct 
final rule which is published in the rules section of this Federal 
Register.

    Dated: January 10, 1996.
Phyllis P. Harris,
Acting Regional Administrator.
[FR Doc. 96-5083 Filed 3-5-96; 8:45 am]
BILLING CODE 6560-50-P

Complete official Federal Register PDF

FR Doc. 96-4033 Protection of Stratospheric Ozone; Servicing of Motor Vehicle Air Conditioners
[Federal Register Volume 61, Number 45 (Wednesday, March 6, 1996)]
[Proposed Rules]
[Pages 9014-9033]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4033]

[[Page 9013]]

_______________________________________________________________________

Part II

Environmental Protection Agency

_______________________________________________________________________

40 CFR Part 82

Protection of Stratospheric Ozone; Servicing of Motor Vehicle Air 
Conditioners; Proposed Rule

Federal Register / Vol. 61, No. 45 / Wednesday, March 6, 1996 / 
Proposed Rules 

[[Page 9014]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 82

[FRL-5426-1]
RIN 2060-AF35

Protection of Stratospheric Ozone; Servicing of Motor Vehicle Air 
Conditioners

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: On July 14, 1992, EPA published a final rule in the Federal 
Register establishing standards and requirements regarding the 
servicing of motor vehicle air conditioners (MVACs) that use 
chlorofluorocarbon-12 (CFC-12), a class I refrigerant, and establishing 
restrictions on the sale of small containers of class I or class II 
refrigerants, pursuant to section 609 of the Clean Air Act, as amended 
(the Act).
    Pursuant to section 609(b)(1), today's proposed rule would 
establish standards and requirements for the servicing of motor vehicle 
air conditioners that use class I or class II substances other than 
CFC-12 as a refrigerant, or use HFC-134a, a non-ozone-depleting 
substitute for CFC-12, or any other substitute for a class I or class 
II substance used in an MVAC.
    Today's proposed rule also would require that at motor vehicle 
disposal facilities, either section 609 certified technicians, or 
employees, owners or operators of the facilities, be used to recover 
refrigerant (whether CFC-12 or a substitute) from motor vehicles 
located at the facilities and bound for disposal. The recovered 
refrigerant would have to be reclaimed or recycled using approved 
equipment prior to use in recharging an MVAC or MVAC-like appliance. 
The proposal would also establish standards for owners and operators of 
salvage yards, scrap recycling facilities, landfills or other 
facilities where such vehicles may be located, to sell refrigerant 
recovered from such vehicles to section 609 certified technicians. 
Finally, the proposal would establish standards for mobile recovery and 
recycling service.
    Today's proposal increases industry flexibility in selecting and 
purchasing proper recovery and recycling equipment by establishing 
standards for equipment that recovers and/or recycles additional 
refrigerants, and approving independent testing organizations that 
certify such equipment.
    By promoting the recycling or reclamation of all refrigerants from 
MVACs, this proposed rule will help to lower the risk of depletion of 
the stratospheric ozone layer and the possibility of global warming, 
thus diminishing potentially harmful effects to human health and the 
environment, including increased incidence of certain skin cancers and 
cataracts.

DATES: Written comments on this proposed rule must be received by April 
5, 1996, unless a hearing is requested by March 18, 1996. If a hearing 
is requested, written comments must be received 30 days after the 
hearing. Individuals wishing to request a hearing must contact the 
Stratospheric Ozone Information Hotline at 1-800-296-1996 between 10 
a.m. and 4 p.m., Monday through Friday, Eastern time, by March 18, 
1996. To find out whether a hearing will take place, contact the 
Stratospheric Ozone Information Hotline after March 19, 1996.

ADDRESSES: Written comments and data should be sent to Public Docket 
No. A-95-34. This docket is located in Room M-1500, Waterside Mall 
(Ground Floor), U.S. Environmental Protection Agency, 401 M Street, 
S.W. Washington, D.C. 20460. Dockets may be inspected from 8:30 a.m. to 
5:30 p.m., Monday through Friday. A reasonable fee may be charged for 
copying docket materials.

FOR FURTHER INFORMATION CONTACT: Christine Dibble, Stratospheric 
Protection Division, Office of Atmospheric Programs, Office of Air and 
Radiation (6205-J), 401 M Street S.W., Washington, D.C. 20460. (202) 
233-9147 or fax (202) 233-9577 or electronically at 
[email protected]. Comments and data submitted 
electronically will not be accepted. The Ozone Information Hotline at 
1-800-296-1996 can also be contacted for further information.

SUPPLEMENTARY INFORMATION: The contents of today's preamble are listed 
in the following outline:

I. Background
    A. Statutory Authority
    B. July 14, 1992 Final Rule and May 2, 1995 Supplemental Final 
Rule
II. Today's Proposed Rule
    A. Service Practices
    1. The Handling of Refrigerant From Motor Vehicles Bound for 
Disposal and Located at Motor Vehicle Disposal Facilities
    2. Mobile Recovery and Recycling
    B. Standards for Recover/Recycle Equipement
    1. Standard for HFC-134a Recover/Recycle Equipment
    2. Standard for HFC-134a Recover-only Equipment
    3. Standard for Automotive Refrigerant Recycling Equipment 
Intended for Use With Both CFC-12 and HFC-134a
    4. Standard for Recover-only Equipment That Extracts Class I or 
Class II Refrigerants Other Than CFC-12
    C. Substantially Identical Equipment
    D. Approved Independent Testing Organizations
    E. Technician Training and Certification
    F. Sales Restrictions
III. Summary of Supporting Analyses
    A. Executive Order 12866
    B. Regulatory Flexibility Analysis
    C. Paperwork Reduction Act
    D. Unfunded Mandates Reform Act

I. Background

A. Statutory Authority

    Title VI of the 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. Section 609 defines ``refrigerants'' to include, as 
of November 14, 1995, any substance that substitutes for a class I or 
class II substance used in an MVAC. The statute requires that as of 
that date: Persons servicing an MVAC system for consideration must use 
approved recover/recycling equipment. To be approved, equipment must be 
certified by the Administrator, or by an independent standards testing 
organization approved by the Administrator, or the equipment must be 
substantially identical to such equipment if it was purchased prior to 
the date EPA proposed standards applicable to the equipment. To be 
certified, the equipment must meet standards established by the 
Administrator, which shall be at least as stringent as Society of 
Automotive Engineers (SAE) standard J1990. In addition, any such 
servicing of an MVAC system for consideration must be performed by a 
technician trained and certified according to standards established by 
the Administrator. EPA also sets standards for certification and 
training, and approves organizations to conduct such training if they 
meet the Agency's standards. Finally, section 609 prohibits the sale of 
small containers of class I or class II substances used in MVACs, 
unless sold to section 609 certified technicians.

B. July 14, 1992 Final Rule and May 2, 1995 Supplemental Final Rule

    On July 14, 1992, the Agency published a final rule initially 
implementing section 609. In that rule, the Agency prohibited the 
repair or servicing of any MVAC for consideration if such repair or 
servicing involved the air conditioner refrigerant, unless performed by 
a trained and certified technician who properly uses approved 
refrigerant recycling 

[[Page 9015]]
equipment. The Agency also prohibited the sale or distribution of any 
class I or class II substance suitable for use in an MVAC that is in a 
container of less than 20 pounds to anyone other than a properly 
trained and certified section 609 technician.
    The July 14, 1992 final rule defines ``approved refrigerant 
recycling equipment'' as equipment that recovers and recycles CFC-12 
refrigerant and that is certified by the Administrator or by an 
independent standards testing organization approved by the Agency as 
meeting the standards set forth in appendix A in the rule. Refrigerant 
recycling equipment is also considered approved if it was purchased 
before September 4, 1991, and is substantially identical to the 
certified equipment. Only equipment certified as meeting the standards 
or meeting the criteria for substantially identical equipment is 
approved for use in the servicing of motor vehicle air conditioners 
under section 609 of the Act.
    The July 14, 1992 rule also establishes standards by which (i) an 
independent standards testing organization may apply to the Agency for 
approval to test and approve refrigerant recycling equipment, and (ii) 
a training and certification program may apply to the Agency for 
approval to train and certify technicians in the proper use of 
refrigerant recycling equipment for MVACs. Finally, the rule 
establishes various recordkeeping and reporting requirements.
    Underwriters Laboratories (UL) and ETL Testing Laboratories (ETL) 
are the approved independent standards testing organizations that 
currently certify equipment using the standards that appear in appendix 
A of the rule. These standards apply to recover/recycle equipment that 
extracts CFC-12 refrigerant from a motor vehicle air conditioner and 
cleans the refrigerant on-site. The regulatory standards are based on 
those developed by SAE and cover service procedures for recovering CFC-
12 (SAE J1989, issued in October 1989), test procedures to evaluate 
recover/recycle equipment (SAE J1990 issued in October 1989 and revised 
in 1991) and a purity standard for recycled CFC-12 refrigerant (SAE 
J1991, issued in October 1989).
    As stated above, section 609 prohibits the sale or distribution of 
any class I or class II substance suitable for use in an MVAC that is 
in a container of less than 20 pounds to anyone other than a properly 
trained and certified section 609 technician. It should be noted, 
however, that EPA expanded this prohibition in the regulations 
published on May 14, 1993 at 58 FR 28712 under section 608 of the Act 
(40 CFR 82.154(n)), which prohibits the sale as of November 14, 1994 of 
any size container of a class I or class II substance, including 
refrigerant blends that include class I or class II substances, to 
other than a section 608 or section 609 certified technician.
    The July 14, 1992 rule reserved standards for equipment that 
extracts but does not recycle CFC-12 refrigerant (recover-only 
equipment) in Appendix B to the rule. On May 2, 1995, EPA published a 
final rule establishing regulatory standards, again based on those 
developed by SAE, which apply to certification of recover-only 
equipment. Specifically, for recover-only equipment, the Agency adopted 
(i) the recommended service procedure for the containment of CFC-12 
described in SAE J1989 and already set forth in appendix A, and (ii) a 
standard that describes test procedures to evaluate recover-only 
equipment that is based on SAE J2209 (issued in June, 1992).

II. Today's Proposed Rule

    Today's proposed rule further implements section 609(b)(1) of the 
Act. This section of the preamble reviews the major elements of the 
proposal. Specifically, the proposed regulations would:
    (i) explicitly permit and establish standards for (a) section 609 
certified technicians to recover refrigerant (whether CFC-12 or a 
substitute) from motor vehicles bound for disposal (including vehicles 
that contain MVAC-like appliances) and recycle that refrigerant in 
their service facilities for use, and (b) owners or operators of 
salvage yards, scrap recyclers, landfills or other facilities where 
such vehicles may be located, to sell refrigerant recovered from such 
vehicles (whether CFC-12 or a substitute) to section 609 certified 
technicians without recycling the recovered refrigerant;
    (ii) revise the definition of ``properly using'' to explicitly 
permit and establish standards for mobile recovery and recycling 
service;
    (iii) establish a standard for approval of recover/recycle 
equipment that extracts and recycles HFC-134a from MVACs;
    (iv) establish a standard for approval of recover-only equipment 
that extracts HFC-134a from MVACs;
    (v) establish a standard for approval of recover-only equipment for 
FRIGC TM, a class II-containing blend refrigerant that has been 
listed as acceptable for use in MVACs under the Agency's Significant 
New Alternatives Policy (SNAP) program, and for other class I or class 
II refrigerants used in MVACs other than CFC-12;
    (vi) establish a standard for approval of recover-recycle equipment 
that extracts and recycles both CFC-12 and HFC-134a using a common 
refrigerant circuit;
    (vii) revise the requirements for Agency approval of independent 
standards testing organizations to include certification of recover/
recycle and recover-only equipment designed to service HFC-134a and 
FRIGC TM MVAC systems; and
    (viii) revise the criteria for approval of technician training and 
certification programs to reflect the use of recover/recycle and 
recover-only equipment designed to service HFC-134a, FRIGC TM, and 
other class I or class II refrigerant MVAC systems.
    In addition, in this notice EPA describes its intention to 
grandfather technicians currently certified under section 609, so that 
they will not need to be recertified to operate recover/recycle and 
recover-only equipment designed to service HFC-134a, FRIGC TM, and 
other class I or class II refrigerant MVAC systems.

A. Service Practices

    Today's proposed rule clarifies the Agency's position on two issues 
that have not previously been explicitly addressed in the section 609 
regulations: (i) Under what conditions it is permissible for a section 
609 certified technician to recover refrigerant from motor vehicles 
located at a motor vehicle disposal facility and bound for disposal, 
and under what conditions it is permissible for the owner or operator 
of a motor vehicle disposal facility to sell refrigerant recovered from 
such vehicles to certified technicians; and (ii) under what conditions 
it is permissible to conduct mobile recovery and recycling service, 
i.e., service in which approved recover-only or recover/recycle 
equipment is transported to the location of an MVAC for servicing by a 
certified technician.
    The Agency intends that the same service practice regulations being 
proposed today for MVACs will also be proposed for MVAC-like appliances 
(such as tractors and other farm equipment, construction equipment, and 
mining and quarry equipment, that meet the definition of MVAC-like 
appliances set forth in 40 CFR 82.152(l)). Because MVAC-like appliances 
are governed under section 608 of the Act rather than under section 
609, service practice regulations similar to those being proposed today 
will be proposed for MVAC-like appliances in a separate proposal to 
amend section 608. 

[[Page 9016]]
The proposed changes to the section 608 regulations are intended for 
publication on or about the date of publication of this section 609 
proposed rule.
1. The Handling of Refrigerant From Automobiles Bound for Disposal and 
Located at Motor Vehicle Disposal Facilities
    Since the publication of the July 14, 1992 rule, EPA has received 
an increasing number of questions concerning the handling of 
refrigerants from MVACs and MVAC-like appliances bound for disposal and 
located at motor vehicle disposal facilities. Many owners of motor 
vehicle disposal facilities have assumed that recovered refrigerant 
must be sent off-site for reclamation, while others have assumed that 
they may sell the refrigerant to any interested parties. In response to 
the increasing cost of CFC-12, some service technicians have begun to 
recover refrigerant from motor vehicle disposal facilities for use in 
their own service facilities. In addition, owners and operators of 
motor vehicle disposal facilities have been recovering refrigerant from 
automobiles and selling it to service technicians. The rule proposed 
today would clarify that the Agency permits these activities as long as 
certain requirements are met during the performance of the activities.
    The regulations adopted by EPA at 40 CFR part 82, subparts B and F 
(i.e., the section 609 and 608 regulations) currently address to some 
extent activities involving recovery and sale of refrigerant from MVACs 
and MVAC-like appliances at motor vehicle disposal facilities. Section 
82.156(g) requires that all persons recovering refrigerant from MVACs 
and MVAC-like appliances for purposes of disposal must reduce the 
pressure of the system to or below 102 mm of mercury vacuum, using 
equipment that meets the requirements of Sec. 82.158(l). Section 
82.154(f) requires that persons who recover refrigerant from MVACs and 
MVAC-like appliances for purposes of disposal must certify to the 
Administrator that they have acquired equipment that meets such 
standards. In addition, persons who take the final step in the disposal 
process must recover any remaining refrigerant in accordance with 
applicable requirements. These provisions were adopted pursuant to 
section 608 of the Act. Within the section 609 regulations, 
Sec. 82.34(b) requires that small containers of class I or II 
substances suitable for use in an MVAC may only be sold to certified 
technicians. This applies to sales of class I or II substances 
recovered from MVACs or MVAC-like appliances at motor vehicle disposal 
facilities. Finally, any servicing of an MVAC or MVAC-like appliance 
with refrigerant recovered from a motor vehicle disposal facility would 
be subject to the various equipment and use restrictions in 40 CFR Part 
82, subparts B and F.
    The regulations proposed today would supplement this regulatory 
scheme with a set of requirements that provide an incentive for the 
recovery and re-use of refrigerants from MVACs located at motor vehicle 
disposal facilities, minimize the discharge of refrigerants, and 
provide for the proper recycling or reclamation of the refrigerants 
prior to their use in servicing MVACs or MVAC-like appliances. The 
Agency intends that the regulations to be proposed shortly amending 
section 608 of the Act will similarly provide an incentive for the 
recovery and re-use of refrigerants from MVAC-like appliances located 
at motor vehicle disposal facilities so that the refrigerants are 
properly recycled or reclaimed prior to their use in servicing MVACs or 
MVAC-like appliances.
    The Agency believes that recovery and recycling of refrigerant from 
MVACs bound for disposal and located at motor vehicle disposal 
facilities will be more economically attractive to the MVAC technician 
and the motor vehicle disposal facility operator if the sale or reuse 
of unreclaimed refrigerant is explicitly permitted. The MVAC technician 
will derive higher profit by selling recycled refrigerant to an MVAC 
service customer than by selling it to a reclaimer. Because of this 
economic incentive, technicians will seek salvaged MVACs. In addition, 
motor vehicle disposal facility owners and operators may profit by 
selling refrigerant directly to technicians, or by charging technicians 
fees for the opportunity to recover refrigerant at the facility, 
creating other economic incentives in the refrigerant recycling chain. 
The Agency believes that encouraging these activities will, by 
increasing the value of refrigerant to the person recovering it, reduce 
the amount of refrigerant that either leaks out of MVACs while they 
await disposal, or is purposely vented during the process of disposal.
    Today's proposed rule would revise the definition of ``properly 
using'' located at Sec. 82.32(e), add a definition of ``motor vehicle 
disposal facility'' at Sec. 82.32(i), and add a new Sec. 82.34(d). The 
effect of these changes is that upon the recovery of refrigerant from 
MVACs bound for disposal and located at motor vehicle disposal 
facilities, a person recovering the refrigerant, whether a certified 
technician or motor vehicle disposal facility owner, operator, or 
employee, would be able to transfer the refrigerant off-site for 
recycling or reclamation in accordance with the conditions described 
below.
    The conditions described below in section (a) propose who may 
recover refrigerant from a motor vehicle disposal facility, and what 
kind of equipment should be used to recover refrigerant. Section (b) 
proposes who may purchase refrigerant recovered from a motor vehicle 
disposal facility, and section (c) proposes how refrigerant recovered 
by the persons described in (a) or (b) should be processed prior to 
reuse. Section (d) discusses recordkeeping and reporting requirements. 
Section (e) provides a general discussion of minimizing contamination 
of refrigerant from motor vehicle disposal facilities and requests 
comment on certain issues relating to the proposals described herein.
    a. Recovery of refrigerant from MVACs at motor vehicle disposal 
facilities. The proposed restriction set forth in Sec. 82.32(e)(3) 
states that equipment capable of reducing system pressure to or below 
102 mm of mercury vacuum must be used to recover the refrigerant. This 
proposal simply references a provision previously adopted under section 
608. It is repeated here for purposes of clarification only.
    The proposal would also require in Sec. 82.34(d) that any person 
recovering refrigerant from MVACs at a motor vehicle disposal facility 
who is not employed at or by the facility, or who is not the owner or 
operator of the facility, be a section 608 or section 609 certified 
technician. With respect to class I and class II substances, sections 
608(a) and (b) authorize the restriction on who may recover 
refrigerant. Under section 608, the Administrator may prescribe 
standards and equipment regarding the use and disposal of class I or II 
substances, in order to reduce the use and emissions of these 
substances to the lowest achievable level, and to maximize the 
recapture and recycling of these substances. The Administrator also may 
establish standards and requirements regarding the safe disposal of 
these substances.
    Although sections 608(a) and (b) authorize the restriction on who 
may recover refrigerant from a motor vehicle disposal facility with 
respect to class I or II substances, these sections do not directly 
require regulation of the use of substitute refrigerants that are not 
class I or class II substances. Section 608(c)(2), however, does 
prohibit the 

[[Page 9017]]
knowing \1\ venting or release of such substitutes during the 
maintenance, repair, service or disposal of an appliance where the 
refrigerant may enter the environment, unless the Administrator has 
determined that such venting, release, or disposal does not pose a 
threat to the environment. De minimis releases associated with good 
faith efforts to recapture and recycle or safely dispose of the 
refrigerant are not subject to this prohibition. Releases associated 
with recovery that does not comply with the regulations would not be 
considered de minimus. This venting prohibition is self-effectuating, 
and went into effect on November 15, 1995 with respect to substitutes 
for class I or class II substances. In today's rulemaking, EPA is 
proposing to define the kind of recovery and recycling practices that 
must be followed in order to avoid violating the prohibition on venting 
substitutes for class I or class II refrigerants. The requirement that 
only a section 608 or section 609 certified technician or an owner, 
operator, or employee of a motor vehicle disposal facility extract the 
substitute refrigerant from an MVAC at a motor vehicle disposal 
facility is a reasonable exercise of this authority, because extraction 
is an intentional activity, and any release associated with it would be 
considered a knowing release. In addition, it is reasonable to presume 
there will be a release associated with extraction, unless the person 
can show that in fact there was no such release. EPA is therefore 
proposing that it be a prohibited act to extract substitute refrigerant 
from MVACs at motor vehicle disposal facilities without meeting the 
requirements described in this proposal. A showing that there was no 
release would serve as an affirmative defense to this prohibition.

    \1\ EPA interprets the term ``knowing'' as used in section 
608(c)(1) to mean a general intent, and not a specific intent to 
release or vent the refrigerant.
---------------------------------------------------------------------------

    The proposed restriction on who may recover refrigerant serves to 
prohibit from recovering refrigerant at motor vehicle disposal 
facilities persons who are not certified under the Act to handle 
refrigerants, unless they are owners, operators or employees of the 
facilities. Because these persons have not been trained in the proper 
methods of recovering refrigerant from an MVAC system, they are more 
likely to vent refrigerant in the process of extracting it, and are 
less likely to know how to protect the purity of the refrigerant. 
Allowing these persons to recover class I and class II refrigerants at 
motor vehicle disposal facilities would not be consistent with the 
Agency's mandate to establish requirements that would maximize the 
recapture and recycling of class I and class II refrigerants. Allowing 
them to recover substitute refrigerants would not be consistent with 
the section 608(c) venting prohibition.
    The Act currently permits owners, operators and employees of motor 
vehicle disposal facilities to recover refrigerants from MVACs located 
at the facilities even though they may not be certified and therefore 
trained in the proper handling of these refrigerants. The Agency 
intends to continue to permit this activity. Under this proposed 
rulemaking, refrigerant handled by these persons must be transferred 
either to a reclaimer, or to a 608 technician, who in turn sells it to 
a reclaimer, or to a 609 technician, who recycles the refrigerant. In 
all of these instances, because the refrigerant is either recycled or 
reclaimed, the purity of that refrigerant should be protected. In 
addition, many owners, operators and employees of these facilities may 
have already invested in equipment that they use to recover 
refrigerant, and may currently have in place contracts to sell the 
refrigerant extracted from MVACs at the facilities. If the Agency had 
decided instead to begin to prohibit owners, operators and employees of 
motor vehicle disposal facilities from recovering refrigerant (so that 
only certified technicians could recover refrigerant), these persons 
might be unable to use any equipment they had already purchased, and in 
violation of contracts previously entered into. In order to assure that 
motor vehicle disposal facility owners and operators maximize the 
recapture of class I and class II refrigerants as required by section 
608(a) of the Act, and refrain from venting substitute refrigerants as 
required by section 608(c) of the Act, the Agency has traditionally 
relied on a combination of providing the industry with informational 
guidance and requiring the industry to meet regulatory mandates. Rather 
than requiring that owners and operators of motor vehicle disposal 
facilities become certified technicians, the Agency proposes to 
continue to publish guidance alerting the industry of the environmental 
consequences of releasing refrigerant, refrigerant salvage techniques, 
and the importance of not mixing different refrigerants.
    b. Restriction on sale of recovered refrigerant. The proposal 
includes a restriction set forth at Sec. 82.34(d) on who may purchase 
refrigerant recovered from a motor vehicle disposal facility. For class 
I and II substances recovered from MVACs, sections 608 and 609 
authorize the proposed sales restriction. While section 609 is limited 
to restricting the sale of class I or II substances in small containers 
for use in MVACs, section 608 authorizes a broader sales restriction. 
The sales restriction provision proposed today for inclusion in 
Sec. 82.34(d) basically repeats the sales restrictions previously 
promulgated at Secs. 82.34(b) and 82.154(n). This proposal makes clear 
that the restriction applies with respect to class I or II substances 
recovered from MVACs during the disposal process.
    The current sales restriction in section 609(e) does not extend to 
substitute refrigerants that are neither class I nor class II 
substances. EPA is currently developing a proposal addressing the use 
of substitutes under section 608, and is considering extending the 
sales restriction to such substitutes. EPA will address the sale of 
substitutes recovered from MVACs during the disposal process in that 
rulemaking. Section F of this preamble provides additional discussion 
with respect to restrictions on the sales of motor vehicle 
refrigerants.
    c. Subsequent use of recovered refrigerant. Section 82.32(e) of the 
regulatory text proposed today would require that certified technicians 
process refrigerant recovered from a motor vehicle disposal facility 
through section 609 approved recycling equipment before it could be 
used to charge or recharge an MVAC. (In the concomitant proposed 
amendments to section 608 of the Act, EPA intends to propose similar 
requirements for refrigerant that is used to charge an MVAC-like 
appliance.) The only exception to this recycling requirement would be 
where the recovered refrigerant has been reclaimed to the appropriate 
level of purity. Section 609 authorizes this restriction with respect 
to MVACs, both for class I and class II substances as well as 
substitutes. A certified technician purchasing or accepting refrigerant 
from MVACs bound for disposal and located at a motor vehicle disposal 
facility is responsible to assure that the refrigerant is recycled 
properly prior to being charged into another MVAC or MVAC-like 
appliance and should not rely on assurances from the disposal facility 
that the refrigerant has been recycled.
    Further, if refrigerant recovered from a motor vehicle disposal 
facility is to be recycled in section 609 approved refrigerant 
recycling equipment prior to reuse, the refrigerant may subsequently be 
charged only into an MVAC or an MVAC-like appliance. This proposal 
essentially references the requirement previously adopted in 40 CFR 
82.154(g) and (h) that refrigerant recovered from 

[[Page 9018]]
a 608 appliance that is to be charged into any type of appliance other 
than an MVAC or MVAC-like appliance must first be reclaimed. It is 
repeated here for purposes of clarification only.
    d. Recordkeeping and reporting. Today's proposed rule does not 
require any additional recordkeeping relating to refrigerant recovered 
from MVACs prior to disposal. Requiring disposal facilities to track 
refrigerant, and to demonstrate how the refrigerant in each MVAC was 
handled prior to the disposal of the vehicle, would inhibit the 
activity EPA is encouraging in today's rule. Further, a recordkeeping 
requirement would add an undue administrative burden to industry 
because of the large number of vehicles disposed of annually, and would 
provide no additional benefit to the environment.
    e. Minimizing contamination/requests for comment. The Agency is 
concerned that the purity of the supply of each automotive refrigerant 
be maintained. Although motor vehicle air conditioning has long been 
dominated by CFC-12, automotive manufacturers now install HFC-134a in 
new car systems, while some refrigerant manufacturers are attempting to 
establish large markets for other CFC-12 substitutes in vehicles. This 
proliferation of refrigerants in the section 609 sector increases the 
chances of contamination in individual systems. Contaminated 
refrigerant supplies may create MVAC system failures as well as 
failures of refrigerant recover/recycle equipment, leading to emissions 
of refrigerants and to increased costs for both service facilities and 
motor vehicle owners. In addition, contaminated refrigerant may be 
extremely difficult to recycle, reclaim, or dispose of, so that it is 
likely to be vented into the atmosphere.
    i. Contaminated MVAC systems entering the disposal facility. 
Refrigerant recovered from MVACs bound for disposal at motor vehicle 
disposal facilities may of course be contaminated by refrigerants not 
approved for motor vehicle use, such as HCFC-22 or blends containing 
hydrocarbons. The Agency believes that permitting the recovery and 
recycling/reclamation of refrigerant from these MVACs will not 
significantly increase the possibility of contamination of the 
automotive refrigerant supply, for two reasons. First, nearly all MVACs 
currently being disposed of use only CFC-12. Second, MVACs using any 
other refrigerants are required by EPA to have unique fittings and a 
label stating the type of refrigerant used in the air-conditioning 
system. EPA strongly recommends, but is not requiring, that the person 
recovering the refrigerant at the facility identify the type of 
refrigerant prior to recovery, using refrigerant identifier equipment. 
EPA believes that the proper recovery and recycling/reclamation of 
refrigerant from vehicles located at disposal facilities, as described 
in this proposal, should serve to minimize the possibility of 
contaminated refrigerant supplies from disposal facilities.
    ii. Improper practices at disposal facilities which would result in 
mixing or contamination of refrigerants. In order to minimize the 
chances of mixed refrigerants coming from motor vehicle disposal 
facilities, it may be necessary to require that persons recovering 
refrigerant at the facilities change the type of equipment that they 
now use. Current regulations in 82.158(l) provide that any person 
recovering refrigerant from an MVAC at a disposal facility must use 
equipment capable of reducing the system pressure to 102 mm (about 4 
inches) of mercury vacuum. Although the Agency is today proposing to 
continue to permit persons recovering refrigerant from MVACs at 
disposal facilities to do so, the Agency is concerned that these 
persons may not properly purge or clear the recovery equipment prior to 
extracting another type of refrigerant with that equipment, or that 
they may not otherwise take the correct precautions to ensure that only 
one type of refrigerant is recovered into a container. Depending on the 
design of the equipment, significant quantities of refrigerant may be 
left behind in the condenser of the equipment after the recovery or 
recycling process is complete. This issue was discussed at length in 
the proposal and final rule for the original section 608 regulations. 
Parties interested in this issue should review the discussion of it in 
the final 608 regulations at 58 FR 28681-682.
    EPA is consequently interested in receiving comments from the 
public as to whether the current requirement should be changed to 
satisfy this concern. Specifically, EPA would like to receive comments 
addressing whether EPA should require that persons recovering 
refrigerant must instead use (i) only equipment that meets the 
definition of ``approved refrigerant recycling equipment'' set forth in 
Sec. 82.32(b) (i.e., equipment approved under section 609), (ii) only 
equipment that meets the definition of ``certified refrigerant recovery 
or recycling equipment'' set forth in Sec. 82.152(c) (i.e., equipment 
approved under section 608), or (iii) equipment that meets either the 
definition set forth in Sec. 82.32(b) or the definition set forth in 
Sec. 82.152(c). Equipment approved under section 609 is generally 
dedicated to recovering and/or recycling a single refrigerant, with the 
exception of certain equipment designed for recycling both CFC-12 and 
HFC-134a which uses either two separate circuits or common circuitry. 
The Agency is not aware of any equipment approved under section 609 
that recovers but does not recycle multiple refrigerants. Equipment 
approved under section 608 is generally designed for use with multiple 
refrigerants but uses a common circuit. Refrigerant from section 608 
appliances must either be returned to the same system or reclaimed. For 
both section 608 and section 609 approved equipment that handles 
multiple refrigerants using common circuitry, certain equipment 
features are designed to prevent cross contamination. In addition, 
technicians are instructed on how to clear the equipment of residual 
refrigerant between jobs.
    In order to minimize the chances of contaminated refrigerants 
coming from motor vehicle disposal facilities, it may be necessary to 
limit sales of refrigerant by owners, operators and employees of these 
facilities to section 608 certified technicians only. Section 609 
certified technicians, rather than purchasing refrigerant from the 
facility owners, would have to recover the refrigerant themselves. 
Although the Agency does not wish to impose requirements on the 
disposal industry that would discourage recovery of refrigerants to 
such an extent that the requirements defeat the goals of Title VI of 
the Act, the Agency is particularly concerned that facilities that 
dismantle both refrigerators, residential air conditioners and other 
section 608 appliances, and motor vehicles, may engage in the practice 
of recovering from section 608 appliances refrigerant that is high in 
acid levels due to compressor burn-out, and then selling that 
refrigerant to a section 609 certified technician for use in an MVAC or 
MVAC-like appliance. Efforts to identify the refrigerant would not show 
that the refrigerant was contaminated by these acids. Sources such as 
residential air conditioners and refrigerators are much more likely to 
have ceased operation because of compressor burn-out, a condition which 
may be remedied through reclamation to the ARI 700 standard achieved in 
reclamation but not through recycling in section 609 approved 
refrigerant recycling equipment. The Agency is interested in receiving 
comments on this issue.
2. Mobile Recovery and Recycling
    EPA has in the past not permitted a technician to transport his 
approved refrigerant recycling equipment off-site to perform air 
conditioning service for 

[[Page 9019]]
an automobile body shop, service station, dealership or other facility 
that services MVACs or MVAC-like appliances, although the technician 
has been permitted to take the approved equipment to a facility where 
such servicing is generally not performed for consideration, such as a 
farm or personal residence. While this off-site, or mobile, service 
policy was directly addressed in an Applicability Determination dated 
July 22, 1994, and later addressed in a September 22, 1994 
clarification of that Applicability Determination, the policy was not 
directly addressed in the original rule.
    The original rule does require, however, that refrigerant may only 
be recycled off-site if the refrigerant is first extracted from an MVAC 
using recover-only equipment, and is then recycled off-site using 
equipment owned by the person who owns both the recover-only equipment 
and the establishment at which the refrigerant is extracted. In all 
other instances, refrigerant removed from the location where it is 
extracted has to be reclaimed to ARI 700 standards to assure purity. 
EPA believes that this requirement minimizes prospects of contamination 
of MVACs.
    This on-site/off-site distinction discussed in the original rule, 
however, may be distinguished from the mobile service discussed in 
today's proposal. EPA required the on-site/off-site distinction because 
of its concern that refrigerant from non-MVAC air conditioning or 
refrigeration systems might contaminate MVAC systems and recycling 
equipment, particularly since MVAC recycling equipment is not designed 
to remove contaminants from non-MVAC systems. In contrast, the mobile 
service discussed in today's proposal would not increase the risk of 
contamination from non-MVAC sources, because EPA is limiting the mobile 
service to MVACs where the refrigerant must still be recycled on-site 
to the appropriate section 609 standard prior to reuse in another MVAC 
or in an MVAC-like appliance.
    The goal of EPA's past prohibition on transportation of equipment 
off-site to perform air-conditioning service was to enhance compliance 
by encouraging MVAC service facilities to obtain their own approved 
equipment and to have their employees certified under section 609. EPA 
has based its interpretation that the 609 regulations preclude such 
mobile recovery and recycling for MVACs on the certification provision 
at Sec. 82.42(a)(1). In the Applicability Determination dated July 22, 
1994, EPA stated that since the certification form specifies the 
address of the establishment where the equipment will be located, the 
equipment may therefore not be moved from the address where the service 
is performed. The Agency also stated in the Determination that while 
current regulations allow MVACs to be transported to a facility where 
approved equipment is located and serviced there, that facility may not 
transport the equipment to a second facility where such equipment is 
not located, and service the MVAC at the second facility.
    EPA is proposing to change these provisions and allow an expanded 
use of mobile recovery and recycle units. EPA intends to publish an 
amendment to section 608 of the Act proposing that the same activity be 
explicitly permitted with respect to the mobile servicing of MVAC-like 
appliances. EPA believes that the mobile service policy has failed to 
encourage MVAC service facilities to obtain their own approved 
equipment or to have their employees certified under section 609. 
Consequently, today's rulemaking proposes to explicitly permit mobile 
servicing of MVACs. In its reconsideration, EPA determined that 
allowing mobile service performed by certified technicians using 
approved equipment encourages proper use of the equipment and 
discourages venting of refrigerant. This policy also increases the 
flexibility of industry to choose the mode of compliance by allowing 
businesses that do not specialize in MVAC service to contract their 
MVAC services that involve refrigerant to a section 609 certified 
technician. The definition of ``properly using'' set forth in 
Sec. 82.32(e) would consequently be amended to explicitly permit this 
activity. This proposed provision would apply to servicing both CFC-12 
and any substitutes for CFC-12 in MVACs. An MVAC service facility 
engaging a mobile technician would be responsible to ensure that the 
technician is properly certified. The technician's showing the facility 
his section 609 certification card should provide a sufficient 
demonstration to the facility that he is properly certified. The Agency 
is interested in receiving comments with respect to whether the MVAC 
service facility engaging the technician should be responsible to 
ensure that the technician is using section 609 approved recycling 
equipment.
    The definition of ``properly using'' in section 609(b) provides the 
Administrator discretion to include the use of mobile recovery and 
recycling. The certification provision in section 609(d) requires that 
persons who perform service on MVACs for consideration must acquire and 
properly use approved equipment for servicing involving refrigerant. 
Where mobile recovery is involved, the person with the service facility 
has not acquired approved equipment, but the person who actually 
performs the service under the proposed provision would be a certified 
technician using approved equipment acquired by that technician or 
their employer. EPA believes it is a reasonable interpretation of 
section 609(d) to allow the use of mobile recovery and recycling under 
these circumstances, as the text of section 609(d) can be interpreted 
to include this and it will further the purposes of this section by 
promoting the proper use of approved equipment and reducing the amount 
of improper servicing or discharge.

B. Standards for Recover/Recycle Equipment

    Section 609 of the Act authorizes the Agency to establish standards 
for the equipment used in recovering and recycling MVAC refrigerant. 
Section 82.36(a) of the regulations specifies that equipment that 
recovers and recycles CFC-12 refrigerant must meet the standards set 
forth in appendix A. Equipment that only recovers CFC-12 to be 
reclaimed or recycled by separate equipment must meet the standards set 
forth in appendix B. Today's rulemaking adds standards for HFC-134a 
recover/recycle equipment, HFC-134a recover-only equipment, service 
procedures for HFC-134a containment, purity of recycled HFC-134a, 
equipment intended for use with both CFC-12 and HFC-134a, and recover-
only equipment designed to be used with FRIGCTM or other class I 
and/or class II refrigerants other than CFC-12.
    These standards, proposed today as appendix C, D, E and F to the 
regulations promulgated under section 609, represent a consensus of the 
Interior Climate Control Committee of SAE. This committee is made up of 
automotive industry experts, equipment and supply manufacturers, and 
chemical producers. SAE issued the standards (SAE J1990, J1991, J1989) 
later adopted by EPA in appendix A and the Agency believes that the 
standards set forth in today's rulemaking as appendices C, D, E, and F 
are consistent with the specifications required in those standards for 
recovery, recycling, refrigerant purity, and service procedures.
    The Agency believes that the standards are appropriate for recovery 
and recycling because they achieve environmental protection through 
recycling and containment of refrigerant, and protect automobile 
equipment through minimum refrigerant purity standards and service 

[[Page 9020]]
procedure standards. The standards being proposed are based on SAE 
J2099 (Standard of Purity for Recycled HFC-134a), SAE J2211 
(Recommended Service Procedure for the Containment of HFC-134a), SAE 
J2210 (Standard for HFC-134a Recycling Equipment), SAE J1732 (HFC-134a 
Extraction Equipment for Mobile Air Conditioning Systems) and SAE J1770 
(Standard for Recycling Equipment Intended for Use with Both CFC-12 and 
HFC-134a).
    Appendix F, Standard for Recover-only Equipment that Extracts Class 
I or Class II Refrigerants Other Than CFC-12, is based on SAE J2209 
(CFC-12 Extraction Equipment for Mobile Air Conditioning Systems). 
Since SAE is not at this time developing a standard specifically for 
FRIGCTM or any other class I or class II refrigerant other than 
CFC-12, the Agency developed a standard in cooperation with SAE and 
other industry representatives. Equipment that is certified by an 
approved testing organization to meet these SAE standards prior to the 
proposed standards in this rule becoming final will be considered EPA-
approved equipment.
    Under section 609 of the Act, standards developed by the 
Administrator for approved refrigerant recycling equipment shall, at a 
minimum, be as stringent as SAE J1990 in effect as of November 15, 
1990. The standards proposed today as appendices C, D, E and F are as 
stringent as SAE J1990 regarding the equipment standards for 
refrigerant purification, equipment testing, and equipment operation 
and performance. The proposed standards are nearly identical to the SAE 
J1990 standard, with the exception that the standards proposed today 
are more stringent than J1990, in that they specify a higher minimum 
vacuum requirement of 102 mm of mercury, compared to the general 
requirement in J1990 that refrigerant extraction be performed ``to a 
vacuum.'' This will help prevent any refrigerant from being vented by 
ensuring that all refrigerant has been removed from an MVAC system 
prior to opening it to the atmosphere. Among the provisions contained 
in the appendices proposed today that are as stringent as those in 
J1990 are the following: The moisture, acid and particulate removal and 
non-condensable gas purging requirements of the proposed standards; the 
requirements for operating instructions and safety requirements; the 
requirements for overfill, pressure relief, portable tanks and 
containers, hoses, and lubricant separation; and the testing 
requirements that verify that the equipment operates properly.
    The Act also requires that standards establishing proper service 
procedures shall, at a minimum, be as stringent as SAE J1989 in effect 
as of November 15, 1990. The standards proposed today are equally as 
stringent as the SAE J1989 regarding the recovery, recycling and other 
handling of refrigerant associated with the servicing of MVACs. The 
proposed standards are nearly identical to the SAE J1989 standards. SAE 
J1989 required that the recovery equipment be operated until the 
pressure be reduced ``to a vacuum''. The proposed standard specifies a 
vacuum of 102 mm of mercury. The standards provide pressure and 
temperature tables to provide for safe handling of refrigerant storage 
containers. The tables are as a stringent as the requirements of J1990.
1. Standards for HFC-134a Recover/Recycle Equipment
    Today's proposed rule adopts a standard for HFC-134a recycling 
equipment for mobile air-conditioning. This standard establishes 
specific minimum equipment requirements for the recycling of HFC-134a 
that has been directly removed from, and is intended for reuse in, 
mobile air-conditioning systems.
    Today's proposed rule requires that the recycling equipment meet 
the standards set forth in appendix C to this rule. The standard 
contains specifications for labeling the recovery equipment once it is 
certified, safety requirements, operating instruction and a functional 
description of the equipment, including hose and fitting specification, 
overfill protection requirements and storage tank requirements. The 
standard provides a procedure to test the equipment to verify that it 
meets the specifications of the standard.
    Today's rule adds a standard for purity for recycled HFC-134a that 
establishes the minimum level of purity required for recycled HFC-134a 
removed from, and intended for reuse in, mobile air-conditioning 
systems. The standard sets purity specifications for levels of 
moisture, lubricant and noncondensable gases, and is set forth in 
appendix C to this rule.
    Today's rule also proposes a standard recommended service procedure 
for containment of HFC-134a, set forth in appendix C, that provides 
guidelines for the technicians that service MVACs and operate 
refrigerant recycling equipment designed for HFC-134a. The proposed 
standard provides specific procedures to recover the refrigerant by 
reducing system pressure to at least 102 mm of mercury vacuum. The 
standard contains requirements for stored refrigerant containers and 
disposal of empty containers.
    The standard set forth in appendix C is nearly identical to the SAE 
J2210 standard issued by SAE December 1992. The differences between SAE 
J2210 and appendix C are incidental, such as grammatical corrections 
and spelling, and do not affect the requirements of the standard.
2. Standard for HFC-134a Recover-Only Equipment
    Today's proposed rule adds standards for equipment that recovers 
refrigerant but does not recycle the refrigerant by removing 
impurities. Refrigerant recovered by this type of equipment must be 
properly recycled on-site or reclaimed off-site before it can be reused 
in an MVAC. The proposed rule requires that equipment meets the 
standards set forth in appendix D to this rule. The standard requires 
that the container for used refrigerant be marked in black print 
``Dirty Refrigerant--Do Not Use Without Recycling.'' The standard 
states that the recovery equipment be able to separate the refrigerant 
from the recovered refrigerant and indicate the amount of lubricant 
removed so that the technician can return the proper amount of 
lubricant to the system.
    The standard set forth in appendix D is nearly identical to the SAE 
J1732 standard issued by SAE in December 1994. The differences between 
SAE J1732 and appendix D are incidental, such as grammatical and 
spelling, corrections and do not affect the requirements of the 
standard.
3. Standard for Automotive Refrigerant Recycling Equipment Intended for 
Use With Both CFC-12 and HFC-134a
    Today's proposed rule adds a standard that establishes specific 
minimum equipment requirements for automotive refrigerant recycling 
equipment intended for use with both CFC-12 and HFC-134a in a common 
refrigerant circuit. The proposed rule requires that equipment meets 
the standards set forth in appendix E to this rule. The proposed 
standard in appendix E requires labeling of the equipment after 
certification, and includes requirements to prevent cross contamination 
before operations involving a different refrigerant can begin. These 
requirements include interlocks and indications to prevent cross 
contamination. The standard contains requirements to purify the 
refrigerant, safety requirements and functional description of the 
equipment, requirements for labeling of the storage tanks to identify 
CFC-12 and HFC-

[[Page 9021]]
134a, and hose and connection requirements. Today's proposed standard 
also provides guidelines for testing the equipment to verify that it 
meets the requirements of the standard.
    The standard set forth in appendix E is nearly identical to the SAE 
J1770 standard issued by SAE in December, 1995. The differences between 
SAE J1770 and appendix E are incidental, such as grammatical and 
spelling corrections, and do not affect the requirements of the 
standard.
4. Standard for Recover-Only Equipment That Extracts Class I or Class 
II Refrigerants Other Than CFC-12
    Today's proposed rule adds standards for equipment that recovers 
but does not recycle refrigerants other than CFC-12 and HFC-134a. The 
refrigerant that is recovered by this type of equipment must be 
properly reclaimed before it can be reused in an MVAC. The proposed 
rule requires that equipment meets the standards set forth in appendix 
F. Appendix F is based on the recover-only standard for CFC-12. The 
standard states that the recovery equipment be able to separate the 
lubricant from the recovered refrigerant and indicate the amount of 
lubricant removed so that the technician can return the proper amount 
of lubricant to the system.

C. Substantially Identical Equipment

    Section 609 of the Act provides that equipment purchased before the 
proposal of standards shall be considered certified if it is 
substantially identical to equipment certified by the EPA or by an 
independent standards testing organization approved by EPA. Section 
82.36(b) of the regulations states that recover/recycle equipment 
designed for use with CFC-12 and purchased before the proposal of the 
standards for refrigerant recycling equipment in appendix A (i.e., 
before September 4, 1991) shall be considered certified if it is 
``substantially identical'' to equipment approved under Sec. 82.36(a).
    Today's proposal would apply the Act's ``substantially identical'' 
provision to recover/recycle and recover-only equipment that services 
HFC-134a MVACs, recover/recycle equipment intended for use with both 
CFC-12 and HFC-134a MVACs, and equipment that recovers but does not 
recycle class I and class II refrigerants other than CFC-12. These 
types of equipment will be considered approved if they are 
substantially identical to equipment approved under Sec. 82.36(a) and 
if they were purchased prior to the date of today's proposal. A 
manufacturer or owner may request a determination from EPA on the point 
of whether a particular model is substantially identical.
    The Agency's views on implementation of the ``substantially 
identical'' provision are discussed in some detail in the September 4, 
1991 Notice. EPA considers equipment to be substantially identical if 
it performs equivalently to the equipment that is certified to meet all 
the approved equipment standards but was purchased prior to the date of 
publication of the appropriate EPA proposed standard. In general, EPA 
proposes to follow the same strict approach in implementing the 
substantially identical provision for the equipment subject to the 
standards proposed today as for recover/recycle and recover-only 
equipment that services CFC-12 MVACs. EPA is aware of some cases in 
which equipment purchased before the publication of the proposal to 
today's rule was produced by manufacturers that have not yet received a 
certification on any model or by manufacturers that no longer make 
equipment. In situations where equipment was purchased without 
certification and no model by that manufacturer achieves certification, 
EPA will evaluate the equipment on a model-by-model basis before making 
a substantially identical determination. Owners of the equipment, if 
they cannot contact manufacturers to determine the status of equipment, 
may submit process flowsheets and lists of components to EPA. EPA 
reserves the right to inspect the equipment and request samples of 
refrigerant if necessary. The address for submittal of information is: 
MVACs Recycling Program Manager, Stratospheric Protection Division, 
(6205J), U.S. Environmental Protection Agency, 401 M Street, S.W., 
Washington, D.C. 20460, Attention: Substantially Identical Equipment 
Review. EPA will maintain a strict interpretation of the substantially 
identical clause in order to protect the air-conditioning units and the 
integrity of the recycling program. As a result, the Agency does not 
anticipate that many types of equipment subject to the standards 
proposed today will qualify as substantially identical through this 
evaluation procedure.
    The Agency is aware that some HFC-134a recover-only equipment has 
been sold prior to SAE's issuance of the J1732 standard for HFC-134a 
recover-only equipment in December, 1994 and that some dual refrigerant 
recycling equipment has been sold prior to SAE's issuance of the J1770 
standard for equipment that recovers both CFC-12 and HFC-134a in 
December, 1995. Because no SAE standard was in place at the time of 
sale, the equipment could not be certified for EPA approval by UL or 
ETL. In such an event, i.e., where units are sold prior to the 
publication of the appropriate SAE standard, so that there is no 
sticker or plate on the unit showing that the model has been tested by 
UL or ETL to meet the appropriate SAE standard, and later, after 
publication of the standard, units of the same model are certified by 
UL or ETL, the Agency is considering treating the units sold prior to 
the publication of the standard to be substantially identical. The 
Agency reserves the right, however, to terminate such treatment of 
earlier units in the event the Agency receives evidence that some 
earlier units of that model (e.g., prior to serial number xxxxx) were 
not able to achieve one or more of the provisions of the appropriate 
SAE standard. In that instance, the manufacturer will have to 
demonstrate to EPA that the units in question are substantially 
identical before EPA would make a determination to that effect. The 
Agency recognizes that manufacturers of units sold prior to the 
publication of the appropriate SAE standard may consider developing 
retrofit kits to bring pre-certification units up to the performance 
standard of certified units.
    It should be noted that some dual refrigerant recycling equipment 
sold prior to SAE's issuance of the J1770 standard for equipment that 
recovers both CFC-12 and HFC-134a in December, 1995, may be labeled 
with a UL or ETL sticker that indicates that the unit meets SAE J-1990 
and J-2210. The Agency does not consider that these units necessarily 
meet the J1770 standard. In the event that later versions of the same 
model of equipment become certified by UL or ETL to meet the J1770 
standard, then, as discussed above, the Agency is considering treating 
the units sold prior to the publication of the standard to be 
substantially identical, although EPA reserves the right to terminate 
this determination as noted above.
    The Agency is aware of several models of automotive refrigerant 
recycling equipment intended for use with both CFC-12 and HFC-134a 
where units have been sold prior to the publication of SAE standard 
J1770. These models are the SPX/Robinair model numbers 12134A and 
17800A, the White Industries model number 01234a, and the American 
Thermoflo model number 18000. After reviewing the equipment 
specifications and performance for each of these models, the Agency 
proposes to determine that they are substantially identical to 
equipment EPA would approve 

[[Page 9022]]
according to the standards set forth in this proposal.

D. Approved Independent Testing Organizations

    Section 82.38 establishes the criteria for approval of testing 
laboratories or organizations to certify whether equipment governed by 
the regulations meets the standards set forth in the regulations. Under 
the July 14, 1992 final rule and the May 2, 1995 supplemental final 
rule, approved organizations would determine whether recover/recycle 
and recover-only equipment meets the standards set forth in the 
appendices to the rule, which were based on SAE standards. Today's 
rulemaking will expand that provision so that these approved 
organizations will be able to determine whether the equipment subject 
to today's proposal meets the standards set forth in the appropriate 
appendices.
    Because the application materials received by the Agency from UL on 
October 21, 1991, and from ETL on November 27, 1991 demonstrate that 
both organizations have met the criteria set forth in Sec. 82.38(b) 
with respect to all equipment subject to today's proposal, and because 
the Agency has received written requests from both UL and ETL stating 
that all the application criteria are still being met and requesting 
that they be approved to certify the equipment subject to today's 
proposal, the Agency intends to approve UL and ETL to certify this 
equipment, effective as of the effective date of this final rulemaking.
    EPA encourages applications from other facilities that are capable 
of testing equipment to the necessary standards. Organizations must 
demonstrate that they have the experience and the appropriate equipment 
to perform testing. The EPA will maintain a list of approved 
independent standards testing organizations available upon request at 
the address set forth in Sec. 82.38. The Agency reserves the right to 
revoke approval if the testing organization violates any of the 
requirements contained in Sec. 82.38.

E. Technician Training and Certification

    Section 82.40 established the standards for programs approved to 
train and certify technicians. The standards cover training, the 
subject material that must be covered by each program, and minimum test 
administration procedures. Summaries of reviews of programs must be 
submitted every two years and programs must offer technicians proof of 
certification upon successful completion of the test.
    At this time, over twenty organizations have been approved by EPA 
to train and certify technicians in the use of recover-recycle and 
recover-only equipment that services CFC-12 MVACs. Ten of these 
organizations train and certify their employees, while the remaining 
train members of the general public. While EPA's approval of these 
organizations has been limited to equipment that services CFC-12 MVACs, 
the Agency believes that for purposes of training and certification 
conducted prior to 30 days after the publication of the final rule 
following this proposal, these organizations should also be considered 
as approved for purposes of the equipment and refrigerants subject to 
today's proposal. As discussed below, the design features of recover/ 
recycle and recover-only equipment subject to today's proposal are very 
similar to the design features of CFC-12 equipment, and the procedures 
for extracting refrigerant are very similar for all types of equipment. 
The organizations have previously shown their compliance with the 
provisions regarding test administration and proof of certification. 
Retraining and recertifying of technicians already certified to use 
CFC-12 equipment would produce only a limited environmental benefit. In 
addition, such retraining and recertification would impose a large 
burden on the technicians and the organizations that certify them. For 
these reasons, EPA intends to approve the 25 organizations noted above 
for any training and certification of technicians they conducted prior 
to 30 days after publication of the final rule in the use of the 
equipment and refrigerants subject to today's proposal.
    EPA also intends to approve the above-noted currently approved 
organizations for future training and certification of technicians for 
the use of the equipment and refrigerants subject to today's proposal 
on the condition that the organization certify in writing to the Agency 
that its training materials discuss the standards set forth in 
appendices C, D, E, and F, as finally adopted, and that its testing 
materials include questions concerning those standards. Each of the 
above organizations that submits such a certification shall be approved 
upon the date which is the later of (i) the effective date of the final 
rule, or (ii) the receipt by the Agency of such a certification. 
Organizations that do not submit such a certification will not be 
approved to train and certify future technicians for the use of the 
equipment and refrigerants subject to today's proposal.
    As noted above, the prior training and testing of previously 
approved technicians for CFC-12 equipment adequately and sufficiently 
covers the standards set forth in appendices C, D, E, and F because of 
the large overlap between the text of the standard based on SAE J1990 
contained in appendix A and the standards based on the SAE standards 
contained in appendices C, D, E and F. In all of these appendices, the 
following provisions are identical or nearly identical: safety 
requirements; requirement that the manufacturer must provide operating 
instructions; requirement that the equipment must ensure the 
refrigerant recovery by reducing system pressure below atmospheric to a 
minimum of 102 mm of mercury; the preconditioning of the equipment with 
a contaminated sample; the composition of that contaminated sample; the 
requirement that the equipment must be certified by UL or an equivalent 
certifying laboratory; the requirement that the label on the equipment 
must state that it has been design certified to meet applicable SAE 
standards; and the additional storage tank requirements.
    Where the SAE J1990-based standards in appendix A differ from the 
SAE J1732-based standards in appendices D and F, they differ largely 
because appendix A contains many provisions that relate to the recycle 
portion of the equipment operation and which are thus not applicable to 
appendices D and F. For example, appendix A describes requirements for 
the recycling test cycle and for the quantitative determination of 
moisture, lubricant, and noncondensable gas in that cycle.
    A review of SAE J1732 indicates that it contains two provisions 
that relate to the recovery of refrigerant for which there are no 
equivalent provisions in SAE J1990. First, section 6.3.2 of SAE J1732 
requires that the equipment discharge or transfer fitting shall be \1/
2\'' ACME thread. SAE did not consider this requirement until after the 
publication of the final version of J1990. This requirement guards 
against mixing of different refrigerants by using unique fittings. 
Second, section 6.1 of SAE J1732 requires that the unit must have a 
device that assures that refrigerant has been recovered so that 
outgassing is prevented. Although there is no equivalent to this 
provision in SAE J1990, J1989 requires safeguards to prevent 
outgassing.
    EPA encourages applications from other organizations that are 
capable of training and testing technicians. Organizations must 
demonstrate that they have the appropriate experience to perform the 
training and testing and 

[[Page 9023]]
meet the other requirements of Sec. 82.40. The materials must cover the 
subjects described in 40 CFR 82.40. Approved organizations must 
demonstrate that the tests they offer will be graded by a computer 
scanner or disinterested, independent party. The EPA will maintain a 
list of approved testing and training organizations available upon 
request at the address set forth in Sec. 82.38. The Agency reserves the 
right to revoke approval of the organization pursuant to provisions set 
forth in Sec. 82.40.

F. Sales Restrictions

    Section 609 made it unlawful, effective November 15, 1992, for any 
person to sell or distribute, or offer for sale or distribution, except 
to section 609 certified technicians, any class I or class II substance 
suitable for use as refrigerant in a motor vehicle air-conditioning 
system and that is in a container with less than 20 pounds of 
refrigerant. Consequently, sales of small cans of CFC-12, as well as 
small cans of FRIGC and any other HCFC blend which EPA's Significant 
New Alternatives Policy (SNAP) program may determine to be acceptable 
as a substitute for CFC-12 in MVACs, are limited to section 609 
certified technicians. In addition, section 608 regulations that became 
effective November 14, 1994 (58 FR 28714) restrict the sales of all 
containers (regardless of size) of any class I or II refrigerant to 
technicians certified under either section 608 or section 609 of the 
Act.
    In conjunction with the publication of this proposal for changes to 
the regulations promulgated under section 609 of the Act, the Agency is 
proposing in a separate rule several changes to the regulations 
promulgated under section 608 of the Act. The proposed changes to the 
section 608 regulations are intended for publication on or about the 
date of publication of this section 609 proposed rule. The proposed 
changes to the section 608 regulations, pursuant to the mandate of 
section 608(c)(2), establish standards and requirements for the 
servicing of appliances and industrial process refrigeration that use 
refrigerants that substitute for the currently-regulated class I or 
class II substances. In addition, in that proposal, the Agency may 
include a provision proposing to restrict the sale of substitute 
refrigerants, including HFC-134a, to technicians certified under either 
section 608 or section 609 of the Act. Should the Agency determine to 
propose such a sales restriction, the proposed changes to the 
regulatory text and explanatory discussion in the preamble would be 
entirely contained in the section 608 proposed rule, even though the 
changes would also affect industries governed under section 609--
automotive refrigerant distributors, automobile manufacturers, and the 
automotive service industry. All parties interested whether EPA decides 
to institute a sales restriction are therefore urged to review the 
language contained in the section 608 proposal.

III. Summary of Supporting Analyses

A. Executive Order 12866

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), the 
Agency must determine whether this regulatory action is ``significant'' 
and therefore subject to OMB review and the requirements of the 
Executive Order. The Order defines ``significant'' regulatory action as 
one that is likely to lead to a rule that may:
    (1) Have an annual effect on the economy of $100 million or more, 
or adversely and materially affect a sector of the economy, 
productivity, competition, jobs, the environment, public health or 
safety, or State, local, or tribal governments or communities;
    (2) Create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlement, grants, 
user fees, or loan programs or the rights and obligations of recipients 
thereof; or
    (4) Raise novel legal or policy issues arising out of legal 
mandates, the President's priorities, or the principles set forth in 
the Executive Order.
    It has been determined by OMB and EPA that this proposed rule is 
not a ``significant regulatory action'' under the terms of Executive 
Order 12866 and is therefore not subject to OMB review under the 
Executive Order. The Agency prepared an analysis to assess the impact 
of the proposed regulation (see Regulatory Assessment for EPA's 
Proposed Rule on Standards and Requirements for Servicing of Motor 
Vehicle Air Conditioners that use Refrigerants other than Class I or 
Class II Substances, U.S. EPA Stratospheric Protection Division, 
November, 1995), which covers both recover/recycle equipment and 
recover-only equipment, and is available for review in the public 
docket for this rulemaking.

B. Regulatory Flexibility Analysis

1. Purpose
    The Regulatory Flexibility Act, 5 U.S.C. 601-612, requires that 
Federal agencies examine the impacts of their regulations on small 
entities. Under 5 U.S.C. 604(a), whenever an agency is required to 
publish a general notice of proposed rulemaking, it must prepare and 
make available for public comment an initial regulatory flexibility 
analysis (RFA). Such an analysis is not required if the head of an 
agency certifies that a rule will not have a significant economic 
impact on a substantial number of small entities, pursuant to 5 U.S.C. 
605(b).
    The Agency has performed an initial regulatory flexibility analysis 
and determined that this regulation does not affect a substantial 
number of small businesses. The analysis is found in Appendix A in the 
Regulatory Assessment for EPA's Proposed Rule on Standards and 
Requirements for Servicing of Motor Vehicle Air Conditioners that use 
Refrigerants other than Class I or Class II Substances (U.S. EPA 
Stratospheric Protection Division, October, 1995) (Regulatory 
Assessment) and is available for review in the docket. The methodology 
and results of the analysis are presented below.
2. Methodology and Results
    To examine the impacts on small businesses, EPA first characterized 
the regulated community by identifying the SIC codes that
FR Doc. 96-4033 Protection of Stratospheric Ozone; Servicing of Motor Vehicle Air Conditioners
 would be 
involved in the servicing and repair of motor vehicle air conditioners. 
After determining the number of these entities that are classified as 
small by the Small Business Act (SBA), the Agency performed impact 
tests using sales, profits and cash flow measures. The analysis 
included least expensive and most expensive private cost scenarios for 
compliance that were developed for the Regulatory Assessment. The least 
expensive cost scenario assumed recover/recycle equipment is purchased 
while the more expensive option assumes dual refrigerant recover/
recycle equipment is acquired. The analysis also takes the cost of 
sending refrigerant out for reclamation, labor, and cost savings from 
using recycled refrigerant into account.
    The analysis indicates that the number of small establishments 
significantly affected by the regulation ranges from 3.4% if the least 
expensive compliance option is chosen, to 7.4% if the most expensive 
compliance option is chosen. The Agency frequently defines a 
``substantial number'' of small entities as approximately 20% or more 
of small establishments. As a result, the Agency certifies that this 
regulation will not significantly affect a substantial number of small 
entities, pursuant to 5 U.S.C. 605(b).

[[Page 9024]]

C. Paperwork Reduction Act

    This proposed rule has no new information requirements subject to 
the Paperwork Reduction Act.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P.L. 
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.
    Today's proposed rule contains no Federal mandates under the 
regulatory provisions of Title II of the UMRA for State, local or 
tribal governments or the private sector. As the draft Regulatory 
Assessment demonstrates, EPA believes 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. Thus, today's proposed rule is not 
subject to the requirements of sections 202 and 205 of the UMRA. EPA 
has also determined that this rule contains no regulatory requirements 
that might significantly or uniquely affect small governments.

List of Subjects in 40 CFR Part 82

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

    Dated: February 12, 1996.
Carol M. Browner,
Administrator.

    For the reasons set out in the preamble, 40 CFR part 82 is proposed 
to be amended as follows:

PART 82--PROTECTION OF STRATOSPHERIC OZONE

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

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

    2. Section 82.30 is amended by revising paragraph (a) to read to 
read as follows:

Sec. 82.30  Purpose and scope.

    (a) The purpose of the regulations in this subpart B is to 
implement section 609 of the Clean Air Act, as amended (Act) regarding 
the servicing of motor vehicle air conditioners, and to implement 
section 608 of the Act regarding certain servicing, maintenance, repair 
and disposal of air conditioners in motor vehicle-like appliances.
* * * * *
    3. Section 82.32 is amended by adding a heading to paragraph (e), 
by revising paragraph (e)(1), and by adding paragraphs (e)(3), (e)(4), 
and (i) to read as follows:

Sec. 82.32  Definitions.

* * * * *
    (e) Properly using. (1) Properly using means using equipment in 
conformity with the recommended service procedures and practices for 
the containment of refrigerant set forth in appendices A, B, C, D, E, 
and F of this subpart, as applicable.
 * * * * *
    (3) Refrigerant that is extracted from an MVAC located at a motor 
vehicle disposal facility must be properly processed through approved 
refrigerant recycling equipment prior to using it to charge or recharge 
an MVAC or MVAC-like appliance (as that term is defined in 
Sec. 82.152(e)), unless the refrigerant has been reclaimed in 
accordance with this subpart B.
    (4) Notwithstanding any other terms of this paragraph (e), approved 
refrigerant recycling equipment may be transported off-site and used to 
perform air-conditioning service involving refrigerant at other 
locations where servicing of MVACs occurs. Any such servicing of MVACs 
or involving refrigerant must meet all of the requirements of this 
subpart B that would apply if the servicing occurred on-site.
* * * * *
    (i) Motor vehicle disposal facility means any commercial facility 
that engages in motor vehicle disposal, dismantling or recycling, 
including but not limited to scrap yards, landfills and salvage yards 
engaged in such operations. Motor vehicle repair facilities, including 
collision repair facilities, are not considered motor vehicle disposal 
facilities.
    4. Section 82.34 is amended by revising the reference 
``Sec. 82.42(b)(4)'' to read ``Sec. 82.42(b)(3)'' in paragraph (b); and 
by adding paragraph (d) to read as follows:

Sec. 82.34  Prohibitions.

* * * * *
    (d) Any person who recovers refrigerant from an MVAC located at a 
motor vehicle disposal facility must be a certified technician under 
this subpart B or under subpart F of this part, except for employees, 
owners, or operators of the disposal facility. Any sale of a class I or 
class II substance extracted from an MVAC located at such facility must 
be to a technician certified under this subpart B or under subpart F of 
this part.
    5. Section 82.36 is amended by revising paragraphs (a)(2) and (b) 
to read as follows:

Sec. 82.36  Approved refrigerant recycling equipment.

    (a) * * *
    (2) Equipment that recovers and recycles refrigerant must meet the 
standards set forth in appendix A of this subpart (Recommended Service 
Procedure for the Containment of CFC-12, Extraction and Recycle 
Equipment for Mobile Automotive Air-Conditioning Systems, and Standard 
of Purity for Use in Mobile Air Conditioning Systems), appendix C of 
this subpart (Recommended Service Procedure for the Containment of HFC-
134a and Standards for Recover/Recycle Equipment that Extracts and 
Recycles HFC-134a and Standard of Purity for Recycled HFC-134a for Use 
in MVACs) and appendix E of this subpart (Automotive Refrigerant 
Recycling Equipment Intended for Use with both CFC-12 and HFC-134a), as 
applicable. Equipment that recovers refrigerant for recycling on-site 
or for reclamation off-site must meet the standards set forth in 
appendix B of this subpart (Recommended Service Procedure for the 
Containment of CFC-12, Extraction Equipment for Mobile Automotive Air-
Conditioning Systems), appendix D of this subpart (HFC-134a Recover-
Only Equipment, Recommended Service Procedure for the Containment of 
HFC-134a) and appendix F of this subpart (Recover only Equipment that 
Extracts Class I or Class II Refrigerants Other Than CFC-12), as 
applicable.
    (b)(1) Refrigerant recycling equipment that has not been certified 
under paragraph (a) of this section shall be considered approved if it 
is substantially identical to the applicable equipment certified under 
paragraph (a) of this section, and: 

[[Page 9025]]

    (i) For equipment that recovers and recycles CFC-12 refrigerant, it 
was purchased before September 4, 1991;
    (ii) For equipment that recovers CFC-12 refrigerant for recycling 
on-site or reclamation off-site, it was purchased before April 22, 
1992;
    (iii) For equipment that recovers and recycles HFC-134a 
refrigerant, it was purchased before March 6, 1996;
    (iv) For equipment that recovers HFC-134a refrigerant for recycling 
on-site or reclamation off-site, it was purchased before March 6, 1996.
    (v) For equipment that recovers any class I or class II refrigerant 
other than CFC-12 for recycling on-site or reclamation off-site, it was 
purchased before March 6, 1996; and
    (vi) For equipment that recovers and recycles HFC-134a and CFC-12 
refrigerant, it was purchased before March 6, 1996.
    (2) Equipment manufacturers or owners may request a determination 
by the Administrator by submitting an application and supporting 
documents that indicate that the equipment is substantially identical 
to approved equipment to: MVACs Recycling Program Manager, 
Stratospheric Protection Division (6205J), U.S. Environmental 
Protection Agency, 401 M Street, S.W., Washington, D.C. 20460, Attn: 
Substantially Identical Equipment Review. Supporting documents must 
include process flow sheets, lists of components and any other 
information that would indicate that the equipment is capable of 
processing the refrigerant to the standards in appendix A, B, C, D, E 
or F of this subpart, as applicable. Authorized representatives of the 
Administrator may inspect equipment for which approval is being sought 
and request samples of refrigerant that has been extracted and/or 
recycled using the equipment. Equipment that fails to meet appropriate 
standards will not be considered approved.
* * * * *
    6. Section 82.38 is amended by revising paragraphs (a) and 
(b)(1)(iii) to read as follows:

Sec. 82.38  Approved independent standards testing organizations.

    (a) Any independent standards testing organization may apply for 
approval by the Administrator to certify equipment as meeting the 
standards in appendix A, B, C, D, E, or F of this subpart, as 
applicable. The application shall be sent to: MVACs Recycling Program 
Manager, Stratospheric Protection Division (6205J), U.S. Environmental 
Protection Agency, 401 M Street, SW., Washington, DC 20460.
    (b) * * *
    (1) * * *
    (iii) Thorough knowledge of the standards as they appear in the 
applicable appendices of this subpart; and
* * * * *
    7. Section 82.40 is amended by revising paragraph (a)(2)(i) to read 
as follows:

Sec. 82.40  Technician training and certification.

    (a) * * *
    (2) * * *
    (i) The standards established for the service and repair of motor 
vehicle air conditioners as set forth in appendices A, B, C, D, E, and 
F of this subpart. These standards relate to the recommended service 
procedures for the containment of refrigerant, extraction equipment, 
extraction and recycle equipment, and the standard of purity for 
refrigerant in motor vehicle air conditioners.
* * * * *
    8. Appendix C is added to Subpart B to read as follows:

Appendix C to Part 82, Subpart B--Standard for Recover/Recycle 
Equipment for HFC-134a Refrigerant

    I. SAE J2210, issued December, 1991.

HFC-134a Recycling Equipment for Mobile Air Conditioning Systems

Foreword

    The purpose of this standard is to establish the specific 
minimum equipment specification required for the recycling of HFC-
134a that has been directly removed from, and is intended for reuse 
in, mobile air-conditioning systems. Establishing such 
specifications will assure 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 standard is to establish specific minimum 
equipment requirements for recycling HFC-134a that has been directly 
removed from, and is intended for reuse in, mobile air-conditioning 
(A/C) systems.

2. References

    Applicable Documents--The following publications form a part of 
this specification to the extent specified.

    2.1.1  SAE Publications--Available from SAE, 400 Commonwealth 
Drive, Warrendale, PA 15096-0001.
    SAE J2099--Standard of Purity for Recycled HFC-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.
    2.1.2  CGA Publications--Available from CGA, 1235 Jefferson 
Davis Highway, Arlington, VA 22202.
    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, Washington, D.C. 20402.
    DOT Standard, 49 CFR 173.304--Shippers--General Requirements for 
Shipments and Packagings.
    2.1.4  UL Publications--Available from Underwriters 
Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096.
    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 
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 to 49  deg.C (50 to 120  deg.F).
    3.3  The equipment must be certified that it meets this 
specification by Underwriters Laboratories (UL) or an equivalent 
certifying laboratory.
    3.4  The equipment shall have a label which states ``Design 
Certified by (Certifying Agent) to meet SAE J2210'' in bold-type 
letters a minimum of 3 mm 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 moisture detection 
means that will reliably indicate when moisture in the HFC-134a 
reaches the allowable limit and desiccant replacement is required.
    4.2  Filter--The equipment shall incorporate an in-line filter 
that will trap particulates of 15 micron spherical diameter or 
greater.
    4.3  Noncondensable Gases.
    4.3.1  The equipment shall either automatically purge 
noncondensables (NCGs) if the acceptable level is exceeded or 
incorporate a device that indicates to the operator that the NCG 
level has been 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 minutes.
    4.3.2  Refrigerant loss from noncondensable gas purging during 
the testing described in Section 8 shall not exceed 5% by weight of 
the total contaminated refrigerant removed from the test system.
    4.4  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 

[[Page 9026]]
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  HFC-134a has been shown to be nonflammable at ambient 
temperature and atmospheric pressure. However, tests under 
controlled conditions have indicated that, at pressures above 
atmospheric and with air concentrations greater than 60% by volume, 
HFC-134a can form combustible mixtures. While it is recognized that 
an ignition source is also required for combustion to occur, the 
presence of combustible mixtures is a potentially dangerous 
situation and should be avoided.
    5.3  Under NO CIRCUMSTANCES should any equipment be pressure 
tested or leak tested with air/HFC-134a mixtures. Do not use 
compressed air (shop air) for leak detection in HFC-134a systems.

6. Operating Instructions

    6.1  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  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

    7.1  The equipment must be capable of ensuring removal of 
refrigerant from the system being serviced by reducing the system 
pressure to a minimum of 102 mm (4 in) of mercury below atmospheric 
pressure (i.e., vacuum).
    7.2  During 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 21.1  deg.C (70  deg.F) per Department of 
Transportation (DOT) Standard, 49 CFR 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'', meet applicable 
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. The marking shall be in letter at least 6 mm 
(\1/4\ in) high.
    7.4  All flexible hoses must comply with SAE J2196.
    7.5  Service hoses must have shutoff devices located within 30 
cm (12 in) of the connection point to the system being serviced as 
identified in J2196. All service fittings must comply with SAE 
J2197.
    7.6  The equipment must be able to separate the lubricant from 
the removed refrigerant and accurately indicate the amount of 
lubricant removed during the process, in 30 mL (1 fl oz) units. 
Refrigerant dissolves in lubricants and, as a result, increases the 
volume of the recovered lubricant sample. This creates the illusion 
that more lubricant has been recovered than actually has been. The 
equipment lubricant measuring system must take into account such 
dissolved refrigerant to prevent overcharging the vehicle system 
with lubricant. (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 section 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 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]), 45,000 ppm (by weight) HFC-
134a compatible lubricant, and 1000 ppm (by weight) of 
noncondensable gases (air).
    8.3.1.1  The HFC-134a compatible lubricant referred to in 
section 8.3.1 shall be ICI DGLF 118, or equivalent, which shall 
contain no more than 1000 ppm by weight of moisture.
    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 
 deg.C (70  deg.F) before starting the test cycle. 1.13 kg (2.5 lb) 
samples are to be processed at 5 min intervals. The test fixture, 
depicted in Figure 1 to Appendix A of this subpart, shall be 
operated at 21  deg.C (70  deg.F).
    8.4.2  Following the preconditioning procedure per section 
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 
section 8.3.1 shall be processed as required in section 8.6 and 
shall be analyzed after said processing as defined in sections 8.7, 
8.8, and section 8.9. Note exception for non-condensable gas 
determination in section 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, 120  deg.F) while 
processing the samples as defined in section 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 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.
    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 
section 7.2 within 30 minutes following the proper venting of 
noncondensable gases.
    8.9.3  The liquid phase samples in section 8.9.2 shall be 
vaporized completely prior to gas chromatographic analysis.
    8.9.4  This test shall be conducted at 21 and 49  deg.C (50 and 
120  deg.F) and may be performed in conjunction with the testing 
defined in section 8.6. The equipment shall process at least 13.6 kg 
(30 lb) of standard contaminated refrigerant for this test.

Rationale

    Not applicable.

Relationship of Standard to ISO Standard

    Not applicable.

Application

    The purpose of this standard is to establish the specific 
minimum equipment requirements for recycling HFC-134a that has been 
directly removed from, and is intended for reuse in, mobile air-
conditioning (A/C) systems.

Reference Section

    SAE J2099--Standard of Purity for Recycled HFC-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.

[[Page 9027]]

    CGA Pamphlet S-1.1--Pressure Relief Device Standard Part 1--
Cylinders for Compressed Gases.
    UL 1769--Cylinder Valves.
    UL 1963--Refrigerant Recovery/Recycling Equipment.
    DOT Standard, 49 CFR 173.304--Shippers--General Requirements for 
Shipment and Packagings.
    II. SAE J2211, issued December, 1991.

Recommended Service Procedure for the Containment of HFC-134a

1. Scope

    Refrigerant containment is an important part of servicing mobile 
air-conditioning systems. This procedure provides guidelines for 
technicians for servicing mobile air-conditioning systems and 
operating refrigerant recycling equipment designed for HFC-134a 
(described in SAE J2210).

2. References

    2.1  Applicable Documents--The following publications form a 
part of this specification to the extent specified. The latest issue 
of SAE publications shall apply.
    2.1.1  SAE Publications--Available from SAE, 400 Commonwealth 
Drive, Warrendale, PA 15096-0001.
    SAE J2196--Service Hoses for Automotive Air-Conditioning.
    SAE J2197--Service Hose Fittings for Automotive Air-
Conditioning.
    SAE J2210--Refrigerant Recycling Equipment for HFC-134a Mobile 
Air-Conditioning Systems.
    SAE J2219--Concerns to the Mobile Air-Conditioning Industry.
    2.2  Definitions.
    2.2.1  Recovery/Recycling (R/R) Unit--Refers to a single piece 
of equipment that performs both functions of recovery and recycling 
of refrigerants per SAE J2210.
    2.2.2  Recovery--Refers to that portion of the R/R unit 
operation that removes the refrigerant from the mobile air-
conditioning system and places it in the R/R unit storage container.
    2.2.3  Recycling--Refers to that portion of the R/R unit 
operation that processes the refrigerant for reuse on the same job 
site to the purity specifications of SAE J2099.

3. Service Procedure

    3.1  Connect the recycling unit service hoses, which shall have 
shutoff devices (e.g., valves) within 30 cm (12 in) of the service 
ends, to the vehicle air-conditioning (A/C) service ports. Hoses 
shall conform to SAE J2196 and fittings shall conform to SAE J2197.
    3.2  Operate the recycling equipment per the equipment 
manufacturer's recommended procedure.
    3.2.1  Verify that the vehicle A/C system has refrigerant 
pressure. Do not attempt to recycle refrigerant from a discharged 
system as this will introduce air (noncondensable gas) into the 
recycling equipment which must later be removed by purging.
    3.2.2  Begin the recycling process by removing the refrigerant 
from the vehicle A/C system. Continue the process until the system 
pressure has been reduced to a minimum of 102mm (4 in) of mercury 
below atmospheric pressure (i.e., vacuum). If A/C components show 
evidence of icing, the component can be gently heated to facilitate 
refrigerant removal. With the recycling unit shut off for at least 5 
minutes, check A/C system pressure. If this pressure has risen above 
vacuum (0 psig), additional recycler operation is required to remove 
the remaining refrigerant. Repeat the operation until the system 
pressure remains stable at vacuum for 2 minutes.
    3.3  Close the valves in the service lines and then remove the 
service lines from the vehicle system. If the recovery equipment has 
automatic closing valves, be sure they are operating properly. 
Proceed with the repair/service.
    3.4  Upon completion of refrigerant removal from the A/C system, 
determine the amount of lubricant removed during the process and 
replenish the system with new lubricant, which is identified on the 
A/C system label. Used lubricant should be discarded per applicable 
federal, state, and local requirements.

4. Service with a Manifold Gauge Set

    4.1  High-side, low-side, and center service hoses must have 
shutoff devices (e.g., valves) within 30 cm (12 in) of the service 
ends. Valves must be closed prior to hose removal from the A/C 
system to prevent refrigerant loss to the atmosphere.
    4.2  During all service operations, service hose valves should 
be closed until connected to the vehicle A/C system or to the 
charging source to exclude air and/or contain the refrigerant.
    4.3  When the manifold gauge set is disconnected from the A/C 
system, or when the center hose is moved to another device that 
cannot accept refrigerant pressure, the gauge set hoses should be 
attached to the recycling equipment to recover the refrigerant from 
the hoses.

5. Supplemental Refrigerant Checking Procedure for Stored Portable 
Containers

    5.1  Certified recycling equipment and the accompanying 
recycling procedure, when properly followed, will deliver use-ready 
refrigerant. In the event that the full recycling procedure was not 
followed or the technician is unsure about the noncondensable gas 
content of a given tank of refrigerant, this procedure can be used 
to determine whether the recycled refrigerant container meets the 
specification for noncondensable gases (air). (Note: The use of 
refrigerant with excess air will result in higher system operating 
pressures and may cause A/C system damage.)
    5.2  The container must be stored at a temperature of 18.3  
deg.C (65  deg.F) or above for at least 12 hours, protected from 
direct sunlight.
    5.3  Install a calibrated pressure gauge, with 6.9 kPa (1 psig) 
divisions, on the container and read container pressure.
    5.4  With a calibrated thermometer, measure the air temperature 
within 10 cm (4 in) of the container surface.
    5.5  Compare the observed container pressure and air temperature 
to the values given in Tables 1 and 2 to determine whether the 
container pressure is below the pressure limit given in the 
appropriate table. For example, at an air temperature of 21  deg.C 
(-70  deg.F) the container pressure must not exceed 524 kPa (76 
psig).
    5.6  If the refrigerant in the container has been recycled and 
the container pressure is less than the limit in Tables 1 and 2, the 
refrigerant may be used.
    5.7  If the refrigerant in the container has been recycled and 
the container pressure exceeds the limit in Tables 1 and 2, slowly 
vent, from the top of the container, a small amount of vapor into 
the recycle equipment until the pressure is less than the pressure 
shown in Tables 1 and 2.
    5.8  If, after shaking the container and letting it stand for a 
few minutes, the container pressure still exceeds the pressure limit 
shown in Tables 1 and 2, the entire contents of the container shall 
be recycled.

         Table 1.--Maximum Allowable Container Pressure (Metric)        
------------------------------------------------------------------------
                           Temp, C(F)                              kPa  
------------------------------------------------------------------------
18 (65)........................................................      476
19 (66)........................................................      483
20 (68)........................................................      503
21 (70)........................................................      524
22 (72)........................................................      545
23 (73)........................................................      552
24 (75)........................................................      572
25 (77)........................................................      593
26 (79)........................................................      621
27 (81)........................................................      642
28 (82)........................................................      655
29 (84)........................................................      676
30 (86)........................................................      703
31 (88)........................................................      724
32 (90)........................................................      752
33 (91)........................................................      765
34 (93)........................................................      793
35 (95)........................................................      814
36 (97)........................................................      841
37 (99)........................................................      876
38 (100).......................................................      889
39 (102).......................................................      917
40 (104).......................................................      945
41 (106).......................................................      979
42 (108).......................................................     1007
43 (109).......................................................     1027
44 (111).......................................................     1055
45 (113).......................................................     1089
46 (115).......................................................     1124
47 (117).......................................................     1158
489 (118)......................................................     1179
49 (120).......................................................     1214
------------------------------------------------------------------------

        Table 2.--Maximum Allowable Container Pressure (English)        
------------------------------------------------------------------------
                            Temp, F                                Psig 
------------------------------------------------------------------------
65.............................................................       69
66.............................................................       70
67.............................................................       71
68.............................................................       73
69.............................................................       74
70.............................................................       76
71.............................................................       77
72.............................................................       79
73.............................................................       80
74.............................................................       82
75.............................................................       83
76.............................................................       85
77.............................................................       86
78.............................................................       88
79.............................................................       90

[[Page 9028]]
                                                                        
80.............................................................       91
81.............................................................       93
82.............................................................       95
83.............................................................       96
84.............................................................       98
85.............................................................      100
86.............................................................      102
87.............................................................      103
88.............................................................      105
89.............................................................      107
90.............................................................      109
91.............................................................      111
92.............................................................      113
93.............................................................      115
94.............................................................      117
95.............................................................      118
96.............................................................      120
97.............................................................      122
98.............................................................      125
99.............................................................      127
100............................................................      129
101............................................................      131
102............................................................      133
103............................................................      135
104............................................................      137
105............................................................      139
106............................................................      142
107............................................................      144
108............................................................      146
109............................................................      149
110............................................................      151
111............................................................      153
112............................................................      156
113............................................................      158
114............................................................      160
115............................................................      163
116............................................................      165
117............................................................      168
118............................................................      171
119............................................................      173
120............................................................      176
------------------------------------------------------------------------

6. Containers for Storage of Recycled Refrigerant

    6.1  Recycled refrigerant should not be salvaged or stored in 
disposable containers (this is one common type of container in which 
new refrigerant is sold). Use only DOT 49 CFR or UL approved storage 
containers, specifically marked for HFC-134a, for recycled 
refrigerant.
    6.2  Any container of recycled refrigerant that has been stored 
or transferred must be checked prior to use as defined in Section 5.
    6.3  Evacuate the tanks to at least 635 mm Hg (25 in Hg) below 
atmospheric pressure (vacuum) prior to first use.

7. Transfer of Recycled Refrigerant

    7.1  When external portable containers are used for transfer, 
the container must be evacuated to at least 635 mm (25 in Hg) below 
atmospheric pressure (vacuum) prior to transfer of the recycled 
refrigerant to the container. External portable containers must meet 
DOT and UL standards.
    7.2  To prevent on-site overfilling when transferring to 
external containers, the safe filling level must be controlled by 
weight and must not exceed 60% of the container gross weight rating.

8. Safety Note for HFC-134a

    8.1  HFC-134a has been shown to be nonflammable at ambient 
temperature and atmospheric pressure. However, recent tests under 
controlled conditions have indicated that, at pressures above 
atmospheric and with air concentrations greater than 60% by volume, 
HFC-134a can form combustible mixtures. While it is recognized that 
an ignition source is also required for combustion to occur, the 
presence of combustible mixtures is a potentially dangerous 
situation and should be avoided.
    8.2  Under NO CIRCUMSTANCE should any equipment be pressure 
tested or leak tested with air/HFC-134a mixtures. Do not use 
compressed air (shop air) for leak detection in HFC-134a systems.

9. Disposal of Empty/Near Empty Containers

    9.1  Since all refrigerant may not have been removed from 
disposable refrigerant containers during normal system charging 
procedures, empty/near empty container contents should be recycled 
prior to disposal of the container.
    9.2  Attach the container to the recycling unit and remove the 
remaining refrigerant. When the container has been reduced from a 
pressure to vacuum, the container valve can be closed and the 
container can be removed from the unit. The container should be 
marked ``Empty'', after which it is ready for disposal.
    III. SAE J2099, issued December, 1991.

Standard of Purity for Recycled HFC-134a for Use in Mobile Air 
Conditioning Systems

Foreword

    The purpose of this standard is to establish the minimum level 
of purity required for recycled HFC-134a removed from, and intended 
for reuse in, mobile air-conditioning systems.

1. Scope

    This standard applies to HFC-134a refrigerant used to service 
motor vehicle passenger compartment air-conditioning systems 
designed or retrofitted to use HFC-134a. Hermetically sealed, 
refrigerated cargo systems are not covered by this standard.

2. References

    2.1  Applicable Documents--The following publications form a 
part of this specification to the extent specified. The latest issue 
of SAE publications shall apply.
    2.1.1  SAE publications--Available from SAE, 400 Commonwealth 
Drive, Warrendale, PA 15096-0001.
    SAE J2210--HFC-134a Recycling Equipment for Mobile Air-
Conditioning Systems.
    SAE J2211--Recommended Service Procedure for the Containment of 
HFC-134a.

3. Purity Specification

    The refrigerant referred to in this standard shall have been 
directly removed from, and intended to be returned to, a mobile air-
conditioning system. Contaminants in this recycled refrigerant shall 
be limited to moisture, refrigerant system lubricant, and 
noncondensable gases, which, when measured in the refrigerant liquid 
phase, shall not exceed the following levels:
    3.1  Moisture--50 ppm by weight.
    3.2  Lubricant--500 ppm by weight.
    3.3  Noncondensable Gases (Air)--150 ppm by weight.

4. Requirements for Recycle Equipment Used in Direct Mobile Air-
Conditioning Service Operations

    4.1  Such equipment shall meet J2210, which covers additional 
moisture, acid, and filter requirements.

5. Purity of HFC-134a Supplied from Other Sources

    The purity of HFC-134a refrigerant supplied in containers from 
other sources shall, for servicing mobile air-conditioning systems, 
meet the refrigerant manufacturer's specification for new HFC-134a 
intended for mobile air-conditioning system use.

6. Operation of the Recycle Equipment

    Recycle equipment operation shall be in accord with SAE J2211.

Application

    This Standard applies to HFC-134a refrigerant used to service 
motor vehicle passenger compartment air-conditioning systems 
designed or retrofitted to use HFC-134a. Hermetically sealed, 
refrigerated cargo systems are not covered by this standard.

Reference Section

    SAE J2210--HFC-134a Recycling Equipment for Mobile Air-
Conditioning Systems.
    SAE J2211--Recommended Service Procedure for the Containment of 
HFC-134a.

    9. Appendix D is added to Subpart B to read as follows:

Appendix D to Part 82, Subpart B--Standard for HFC-134a Recover-Only 
Equipment

    SAE J2211, Recommended Service Procedure for Containment of HFC-
134a, as set forth under Appendix C of this subpart, also applies to 
this Appendix D.
    SAE J1732, issued December, 1994.

HFC-134a (R-134a) Extraction Equipment for Mobile Automotive Air-
Conditioning Systems

Foreword

    Appendix C of this part established equipment specifications for 
on-site recovery and reuse of HFC-134a in air-conditioning systems. 
These specifications are for HFC-134a extraction only equipment that 
are intended to be used in conjunction with the on-site recycling 
equipment currently used at service facilities, or allow for off-
site refrigerant reclamation.

1. Scope

    a. The purpose of this standard is to provide equipment 
specification for only the recovery of HFC-134a refrigerant to be 
returned to a refrigerant reclamation facility that will process it 
to ARI Standard 700-93 or allow for recycling of the recovered 
refrigerant to SAE J2210 specifications by using Design Certified 
equipment of the same 

[[Page 9029]]
ownership. It is not acceptable that refrigerant removed from a mobile 
air conditioning system with this equipment be directly returned to 
a mobile air-conditioning system.
    b. This information applies to equipment used to service 
automobiles, light trucks, and other vehicles with similar HFC-134a 
air conditioning systems.

2. References

    2.1  Applicable Documents--The following publications form a 
part of this specification to the extent specified.
    2.1.1  SAE Publications--Available from SAE, 400 Commonwealth 
Drive, Warrendale, PA 15096-0001.
    SAE J639--Vehicle Service Coupling.
    SAE J2210--HFC-134a Recycling Equipment for Mobile Automotive 
Air Conditioning Systems.
    SAE J2196--Service Hoses for Automotive Air-Conditioning.
    SAE J2197--Service Hose Fittings for Automotive Air-
Conditioning.
    2.1.2  ARI Publication--Available from Air Conditioning and 
Refrigerant Institute, 1501 Wilson Blvd. Sixth Floor, Arlington, VA 
22209.
    ARI 700-93--Specifications for Fluorocarbon Refrigerants.
    2.1.3  CGA Publications--Available from CGA, 1235 Jefferson 
Davis Highway, Arlington, VA 22202.
    CGA Pamphlet S-1.1--Pressure Relief Device Standard Part 1--
Cylinders for Compressed Gases.
    2.1.4  DOT Publications--Available from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, D.C. 20402.
    DOT Standard, 49 CFR 49 173.304 Shippers--General Requirements 
for Shipments and Packagings.
    2.1.5  UL Publications--Available from Underwriters 
Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096.
    UL 1769--Cylinder Valves.

3. Specification and General Description

    3.1  The equipment must be able to extract HFC-134a from a 
mobile air-conditioning system.
    3.2  The equipment shall be suitable for use in an automotive 
service garage environment as defined in section 6.8.
    3.3  Equipment Certification--The equipment shall be certified 
by Underwriters Laboratories or an equivalent certifying laboratory 
to meet this standard.
    3.4  Label Requirements--The equipment shall have a label 
``Design Certified by (Company Name) to meet SAE J1732 for use only 
with HFC-134a. The refrigerant from this equipment must be processed 
to ARI 700-93 specifications or to SAE J2210 specifications by using 
Design Certified equipment of the same ownership.'' The minimum 
letter size shall be bold type 3 mm in height.

4. Safety Requirements

    4.1  The equipment must comply with applicable federal, state, 
and local requirements on equipment related to the handling of HFC-
134a material. Safety precautions or notices or labels related to 
the safe operation of the equipment shall also be prominently 
displayed on the equipment and should state ``CAUTION--SHOULD BE 
OPERATED BY CERTIFIED PERSONNEL.'' The safety identification shall 
be located on the front near the controls.
    4.2  The equipment must comply with applicable safety standards 
for electrical and mechanical requirements.

5. Operating Instructions

    5.1  The equipment manufacturer must provide operating 
instructions that include information required by SAE J1629, 
necessary maintenance procedures, and source information for 
replacement parts and repair.
    5.1.1  The instruction manual shall include the following 
information on the lubricant removed. Only new lubricant, as 
identified by the system manufacturer, should be replaced in the 
mobile air conditioning system. Removed lubricant from the system 
and/or the equipment shall be disposed of in accordance with the 
applicable federal, state, and local procedures and regulations.
    5.2  The equipment must prominently display the manufacturer's 
name, address, the type of refrigerant it is designed to extract, a 
service telephone number, and any items that require maintenance or 
replacement that affect the proper operation of the equipment. 
Operation manuals must cover information for complete maintenance of 
the equipment to assure proper operation.

6. Functional Description

    6.1  The equipment must be capable of ensuring removal of 
refrigerant from the system being serviced by reducing the system 
pressure to a minimum of 102 mm (4 in) of mercury below atmospheric 
pressure (i.e., vacuum). To prevent system delayed outgassing, the 
unit must have a device that assures the refrigerant has been 
recovered from the air-conditioning system.
    6.1.1  Testing laboratory certification of the equipment 
capability is required which shall process contaminated refrigerant 
samples at specific temperatures.
    6.2  The equipment must be preconditioned by processing 13.6 kg 
(30 lb) of the standard contaminated HFC-134a at an ambient of 21 
deg.C (70  deg.F) before starting the test cycle. Sample amounts are 
not to exceed 1.13 kg (2.5 lb) with sample amounts to be repeated 
every 5 minutes. The test fixture shown in Figure 1 to Appendix A of 
this subpart shall be operated at 21  deg.C. Contaminated HFC-134a 
samples shall be processed at ambient temperatures of 10 and 49 
deg.C, without equipment shutting due to any safety devices employed 
in this equipment.
    6.2.1  Contaminated HFC-134a sample
    6.2.2  Standard contaminated HFC-134a refrigerant, 13.6 kg 
sample size, shall consist of liquid HFC-134a with 1300 ppm (by 
weight) moisture at 21  deg.C and 45,000 ppm (by weight) of oil 
(polyalkylene glycol oil with 100 cs viscosity at 40  deg.C or 
equivalent) and 1000 ppm by weight of noncondensable gases (air).
    6.3  Portable refillable containers used in conjunction with 
this equipment must meet applicable DOT Standards.
    6.3.1  The container color must be blue with a yellow top to 
identify that it contains used HFC-134a refrigerant. It must be 
permanently marked on the outside surface in black print at least 20 
mm high ``DIRTY HFC-134a--DO NOT USE, MUST BE REPROCESSED''.
    6.3.2  The portable refillable container shall have a \1/2\ inch 
ACME thread.
    6.3.3  During operation, the equipment shall provide overfill 
protection to assure that the storage container liquid fill does not 
exceed 80% of the tank's rated volume at 21  deg.C per DOT Standard, 
49 CFR 173.304 and the American Society of Mechanical Engineers.
    6.4  Additional Storage Tank Requirements.
    6.4.1  The cylinder valve shall comply with UL 1769.
    6.4.2  The pressure relief device shall comply with CGA Pamphlet 
S-1.1.
    6.4.3  The container assembly shall be marked to indicate the 
first retest date, which shall be 5 years after date of manufacture. 
The marking shall indicate that retest must be performed every 
subsequent 5 years. The markings shall be in letters at least 6 mm 
high.
    6.5  All flexible hoses must meet SAE J2196 for service hoses.
    6.6  Service hoses must have shutoff devices located within 30 
cm (12 in) of the connection point to the system being serviced to 
minimize introduction of noncondensable gases into the recovery 
equipment during connection and the release of the refrigerant 
during disconnection.
    6.7  The equipment must be able to separate the lubricant from 
recovered refrigerant and accurately indicate the amount removed 
from the simulated automotive system during processing in 30 mL 
units.
    6.7.1  The purpose of indicating the amount of lubricant removed 
is to ensure that a proper amount of new lubricant is returned to 
the mobile air conditioning system for compressor lubrication.
    6.7.2  Refrigerant dissolved in this lubricant must be accounted 
for to prevent system lubricant overcharge of the mobile air-
conditioning system.
    6.8  The equipment must be capable of continuous operation in 
ambient temperatures of 10  deg.C to 49  deg.C and comply with 
sections 6.1 and 6.2.
    7. For test validation, the equipment is to be operated 
according to the manufacturer's instructions.

Application

    a. The purpose of this standard is to provide equipment 
specification for only the recovery of HFC-134a refrigerant to be 
returned to a refrigerant reclamation facility that will process it 
to ARI Standard 700-93 or allow for the recycling of the recovered 
refrigerant to SAE J2210 specifications by using Design Certified 
equipment of the same ownership. It is not acceptable that the 
refrigerant removed from a mobile air-conditioning system with this 
equipment be directly returned to a mobile air-conditioning system.
    b. This information applies to equipment used to service 
automobiles, light trucks, and other vehicles with similar HFC-134a 
air-conditioning systems. 

[[Page 9030]]

Reference Section

    SAE J639--Vehicle Service Coupling.
    SAE J2210--HFC-134a Recycling Equipment for Mobile Automotive 
Air Conditioning Systems.
    SAE J2196--Service Hoses for Automotive Air-Conditioning.
    ARI 700-93--Specifications for Fluorocarbon Refrigerants.
    CGA Pamphlet S-1.1--Pressure Relief Device Standard Part 1--
Cylinders for Compressed Gases.
    UL 1769--Cylinder Valves.
    49 CFR 173.304 --Shippers--General Requirements for Shipment and 
Packagings.

    10. Appendix E is added to Subpart B to read as follows:

Appendix E to Part 82, Subpart B--The Standard for Automotive 
Refrigerant Recycling Equipment Intended for Use with both CFC-12 and 
HFC-134a

    SAE J2211, Recommended Service Procedure for the Containment of 
HFC-134a, as set forth under Appendix C of this subpart, and SAE 
J1989, Recommended Service Procedure for the Containment of CFC-12, 
as set forth under Appendix A of this subpart, also apply to this 
Appendix E.
    SAE J1770, issued December, 1995.

Automotive Refrigerant Recycle Equipment Intended for Use with Both 
CFC-12 and HFC-134a

Foreword

    The purpose of this standard is to establish specific minimum 
equipment requirements for automotive refrigerant recycling 
equipment intended for use with both CFC-12 and HFC-134a in a common 
refrigerant circuit. Establishing such specifications will assure 
that this equipment does not cross contaminate refrigerant above 
specified limits when used under normal operating conditions.

1. Scope

    The purpose of this standard is to establish the specific 
minimum equipment intended for use with both CFC-12 and HFC-134a in 
a common refrigerant circuit that has been directly removed from, 
and is intended for reuse in, mobile air-conditioning (A/C) systems. 
This standard does not apply to equipment used for CFC-12 and HFC-
134a having a common enclosure with separate circuits for each 
refrigerant.

2. References

    2.1  Applicable Documents--The following publications form a 
part of this specification to the extent specified. The latest issue 
of SAE publications shall apply.
    2.1.1  SAE Publications--Available from SAE, 400 Commonwealth 
Drive, Warrendale, PA 15096-0001.
    SAE J2099--Standard of Purity for Recycled HFC-134a for Use in 
Mobile Air-Conditioning Systems.
    SAE 1991--Standard of Purity 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 J2210--HFC-134a (R-134a) Recycling Equipment for Mobile A/C 
Systems.
    SAE J1990--Extraction and Recycling Equipment for Mobile A/C 
Systems.
    2.1.2  Compressed Gas Association (CGA) Publications--Available 
from CGA, 1235 Jefferson Davis Highway, Arlington, VA 22202.
    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, Washington, D.C. 20402.
    2.1.4  UL Publications--Available from Underwriters 
Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096.
    UL 1769--Cylinder Valves.
    UL 1963--Refrigerant Recovery/Recycling Equipment.

3. Specification and General Description

    3.1  The equipment shall be suitable for use in an automotive 
service garage environment and be capable of continuous operation in 
ambients from 10 to 49  deg.C.
    3.2  The equipment must be certified that it meets this 
specification by Underwriters Laboratories Inc. (UL), or by an 
equivalent Nationally Recognized Testing Laboratory (NRTL).
    3.3  The equipment shall have a label which states ``Design 
Certified by (Certifying Agent) to meet SAE J1770 for recycling CFC-
12 and HFC-134a using common refrigerant circuits'', in bold-type 
letters a minimum of 3 mm in height.

4. Equipment Requirements

    4.1  General.
    4.1.1  The equipment shall be capable of preventing cross 
contamination to the level required by Section 9.2.1.G before an 
operation involving a different refrigerant can begin. The equipment 
must prevent initiation of the recovery operation if the equipment 
is not set up properly.
    4.1.2  If an operator action is required to clear the unit prior 
to reconnecting for a different refrigerant, the equipment shall be 
provided with a means which indicates which refrigerant was last 
processed.
    4.1.3  Means shall be provided to prevent recovery from both an 
CFC-12 and HFC-134a mobile air conditioning system concurrently.
    4.1.4  Transfer of recycled refrigerant--Recycled refrigerant 
for recharging and transfer shall be taken from the liquid phase 
only.
    4.2 Seat Leakage Test.
    4.2.1  Valves, including electrically operated solenoid valves, 
that are used to isolate CFC-12 and HFC-134a refrigerant circuits, 
shall have a seat leakage rate not exceeding 15 g/yr (\1/2\ oz/yr) 
before and after 100,000 cycles of operation. This Endurance Test 
shall be conducted with HFC-134a at maximum operating pressure as 
determined by sections 8.1 and 8.2. The Seat Leakage Test shall be 
performed at 1.5 times this pressure at an ambient of 24  deg.C.
    4.3  Interlocks.
    4.3.1  Electrical interlock devices used to prevent cross 
contamination of refrigerant shall be operated for 100,000 cycles 
and there shall be no failure that would permit cross contamination 
of refrigerant. Solid state interlock devices shall comply with the 
Transient Overvoltage Test and the Fast Transient (Electric Noise) 
Test contained in the Standard for Tests for Safety Related Controls 
Employing Solid-State Devices, UL 991.
    4.4  Noncondensable Gases
    4.4.1  The equipment shall either automatically purge 
noncondensables (NCGs) if the acceptable level is exceeded or 
incorporate a device that indicates to the operator the NCG level 
has been exceeded. A pressure gauge used to indicate an NCG level 
shall be readable in 1 psig increments. 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 minutes.
    4.4.2  Refrigerant loss from noncondensable gas purging, oil 
removal, and refrigerant clearing shall not exceed more than 5 
percent by weight of the total amount of refrigerant through the 
equipment as detailed in Sections 8.1, 8.2, and 9.2.
    4.5  Filter.
    4.5.1  A 15 micron filter, or other equivalent means, to remove 
particulates of 15 micrometers spherical diameter or greater shall 
be located before any manual electrically operated valves that may 
cause cross contamination.
    4.6  Moisture and Acid.
    4.6.1  The equipment shall incorporate a desiccant package that 
must be replaced before saturated with moisture, and whose acid 
capacity is at least 5% by weight of the dry desiccant.
    4.6.2  The equipment shall be provided with a moisture detection 
means that will reliably indicate when moisture in the HFC-134a 
exceeds 50 ppm, or in the CFC-12 exceeds 15 ppm, and requires the 
filter/dryer replacement.

5.  Operating Instructions

    5.1  The equipment manufacturer must provide operating 
instructions, including proper attainment of vehicle system vacuum 
(i.e., when to stop the extraction process, and also to stop the 
extraction process if it is noticed that the A/C system being 
serviced has a leak), filter/desiccant replacement, and purging of 
noncondensable gases (air). The instructions shall indicate that the 
correct sequence of operation be followed so that the equipment can 
properly remove contaminates to the acceptable level. Also to be 
included are any other necessary maintenance procedures, source 
information for replacement parts and repair, and safety 
precautions.
    5.2  The equipment must prominently display the manufacturer's 
name, address, the type of refrigerant (CFC-12 and HFC-134a), a 
service telephone number, and the part number for the replacement 
filter/drier. Operation manuals must cover information for complete 
maintenance of the equipment to assure proper operation.

6. Safety Requirements

    6.1  The equipment must comply with applicable federal, state, 
and local requirements on equipment related to handling CFC-12 and 
HFC-134a material. 

[[Page 9031]]
Safety precautions or notices related to the safe operation of the 
equipment shall be prominently displayed on the equipment and should 
also state ``CAUTION--SHOULD BE OPERATED BY QUALIFIED PERSONNEL''.
    6.2  HFC-134a has been shown to be nonflammable at ambient 
temperature and atmospheric pressure. The following statement shall 
be in the operating manual: ``Caution: HFC-134a service equipment or 
vehicle A/C systems should not be pressure tested or leak tested 
with compressed air. Some mixtures of air and HFC-134a have been 
shown to be combustible at elevated pressures (when contained in a 
pipe or tank). These mixtures may potentially dangerous, causing 
injury or property damage. Additional health and safety information 
may be obtained from refrigerant and lubricant manufacturers.''

7. Functional Description

    7.1  General.
    7.1.1  The equipment must be capable of ensuring recovery of the 
CFC-12 and HFC-134a from the system being serviced, by reducing the 
system to minimum of 102 mm of mercury below atmospheric pressure 
(i.e., vacuum).
    7.1.2  The equipment must be compatible with leak detection 
material that may be present in the mobile A/C system.
    7.2  Shut Off Device.
    7.2.1  To prevent overcharge, the equipment must be equipped to 
protect the tank used to store the recycled refrigerant with a 
shutoff device and a mechanical pressure relief valve.
    7.3  Storage Tanks.
    7.3.1  Portable refillable tanks or containers shall be supplied 
with this equipment and must be labeled ``HFC-134a'' or ``CFC-12'' 
as appropriate, meet applicable Department of Transportation (DOT) 
or NRTL's Standards and be adaptable to existing refrigerant service 
and charging equipment.
    7.3.2  The cylinder valve shall comply with the Standard for 
Cylinder Valves, UL 1769.
    7.3.3  The pressure relief device shall comply with the Pressure 
Relief Device Standard Part 1--Cylinders for Compressed Gases, CGA 
Pamphlet S-1.1.
    7.3.4  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. The marking shall be in letters at least 6 mm 
high.
    7.4  Overfill Protection.
    7.4.1  During operation, the equipment must provide overfill 
protection to assure that during filling or transfer, the tank or 
storage container cannot exceed 80% of volume at 21.1  deg.C of its 
maximum rating as defined by DOT standards, 49 CFR 173.304 and 
American Society of Mechanical Engineers.
    7.5  Hoses and Connections.
    7.5.1  Separate inlet and outlet hoses with fittings and 
separate connections shall be provided for each refrigerant circuit.
    7.5.2  All flexible hoses and fittings must meet SAE J2196 (for 
CFC-12) and SAE J2197 (for HFC-134a).
    7.5.3  Service hoses must have shutoff devices located within 30 
cm of the connection point to the system being serviced.
    7.6  Lubricant Separation.
    7.6.1  The equipment must be able to separate the lubricant from 
the removed refrigerant and accurately indicate the amount of 
lubricant removed during the process, in 30 ml (1 fl oz) units. 
Refrigerant dissolves in lubricant and, as a result, increases the 
volume of the recovered lubricant sample. This creates the illusion 
that more lubricant has been recovered than actually has been. The 
equipment lubricant measuring system must take into account such 
dissolved refrigerant removed from the A/C system being serviced to 
prevent overcharging the vehicle system with lubricant. (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.)
    7.6.2  The equipment must be provided with some means, such as a 
lockout device, which will prevent initiation of the recovery 
operation after switching to the other refrigerant, if the lubricant 
has not been drained from the oil separator.

8. Testing

    8.0  Equipment shall be tested in sequence as noted in sections 
8.1, 8.2 and 9.2. The filter/dryer may be replaced only as noted by 
section 4.6.2.
    8.1  CFC-12 Recycling Cycle.
    8.1.1  The maximum operating pressure of the equipment shall be 
determined when recycling CFC-12 while conducting the following 
tests. This pressure is needed for the Seat Leakage Test, Section 
4.2.
    8.1.2  The equipment must be preconditioned with 13.6 kg of the 
standard contaminated CFC-12 (see section 8.1.2a) at an ambient of 
21  deg.C before starting the test cycle. Sample amounts shall be 
1.13 kg with sample amounts to be repeated every 5 minutes. The 
sample method fixture, defined in Figure 1 to Appendix A of this 
subpart, shall be operated at 21  deg.C.
    8.1.2a  Standard contaminated CFC-12 refrigerant shall consist 
of liquid CFC-12 with 100 ppm (by weight) moisture at 21 deg.C and 
45,000 ppm (by weight) mineral oil 525 suspension viscosity nominal 
and 770 ppm by weight of noncondensable gases (air).
    8.1.3  The high moisture contaminated sample shall consist of 
CFC-12 vapor with 1000 ppm (by weight) moisture.
    8.1.4  The high oil contaminated sample shall consist of CFC-12 
with 200,000 ppm (by weight) mineral oil 525 suspension viscosity 
nominal.
    8.1.5  After preconditioning as stated in section 8.1.2, the 
test cycle is started, processing the following contaminated samples 
through the equipment.
    A. 13.6 kg (1.13 kg per batch) of standard contaminated CFC-12.
    B. 1 kg of high oil contaminated CFC-12.
    C. 4.5 kg (1.13 kg per batch) of standard contaminated CFC-12.
    D. 1 kg of high moisture contaminated CFC-12.
    8.1.6  The CFC-12 is to be cleaned to the minimum purity level, 
as defined in SAE J1991, with the equipment operating in a stable 
ambient of 10, 21, and 49  deg.C and processing the samples as 
defined in section 8.1.5.
    8.2  HFC-134a Recycling Cycle.
    8.2.1  The maximum operating pressure of the equipment shall be 
determined when recycling HFC-134a while conducting the following 
tests. This pressure is needed for the Seat Leakage Test, Section 
4.2.
    8.2.2  The equipment must be preconditioned by processing 13.6 
kg of the standard contaminated HFC-134a (see section 8.2.2a) at an 
ambient of 21  deg.C before starting the test cycle. 1.13 kg samples 
are to be processed at 5 minute intervals. The text fixture shown in 
Figure 1 to Appendix A of this subpart shall be operated at 21  
deg.C.
    8.2.2a  The standard contaminated refrigerant shall consist of 
liquid HFC-134a with 1300 ppm (by weight) moisture (equivalent to 
saturation at 38  deg.[100  deg.F]), 45,000 ppm (by weight) HFC-134a 
compatible lubricant, and 1000 ppm (by weight) of noncondensable 
gases (air).
    8.2.2b  The HFC-134a compatible lubricant referred to in section 
8.2.2a shall be a polyalkylene glycol based synthetic lubricant or 
equivalent, which shall contain no more than 1000 ppm by weight of 
moisture.
    8.2.3  Following the preconditioning procedure per section 
8.2.2, 18.2 kg of standard contaminated HFC-134a are to be processed 
by the equipment at each stable ambient temperature of 10, 21, and 
49  deg.C.
    8.2.4  The HFC-134a is to be cleaned to the purity level, as 
defined in SAE J2099.

9. Refrigerant Cross Contamination Test

    9.1  General.
    9.1.1  For test validation, the equipment is to be operated 
according to the manufacturer's instruction.
    9.1.2  The equipment shall clean the contaminated CFC-12 
refrigerant to the minimum purity level as defined in Appendix A of 
this subpart, when tested in accordance with the requirements in 
section 8.1.
    9.1.3  The equipment shall clean the contaminated HFC-134a 
refrigerant to the purity level defined in Appendix C of this 
subpart, when tested in accordance with the requirements in section 
8.2.
    9.2  Test Cycle.
    9.2.1  The following method shall be used after the tests and 
requirements in Sections 8.1 and 8.2, respectively, are completed. 
Following the manufacturer's instructions, the equipment shall be 
cleared of HFC-134a, prior to beginning step A. The only refrigerant 
used for this is noted in steps A, C, and E of this section 9.2.1. 
The test fixture shown in Figure 1 to Appendix A of this subpart 
shall be used and the test shall be conducted at 10, 21, and 49  
deg.C ambients.
    A. A 1.13 kg standard contaminated sample of CFC-12 (see section 
8.1.2a) shall be processed by the equipment.
    B. Follow manufacturer's instructions to clear the equipment of 
CFC-12 before processing HFC-134a.
    C. Process a 1.13 kg, standard contaminated sample of HFC-134a 
(see section 8.2.2a) through the equipment. 

[[Page 9032]]

    D. Follow manufacturer's instructions to clear the equipment of 
HFC-134a before processing CFC-12.
    E. Process a 1.13 kg standard contaminated sample of CFC-12 (see 
section 8.1.2a) through the equipment.
    F. Follow manufacturer's instructions to clear the equipment of 
CFC-12.
    G. The amount of cross contaminated refrigerant, as determined 
by gas chromatography, in samples processed during steps C and E, 
shall not exceed 0.5 percent by weight.

10. Sample Analysis

    10.1  General.
    10.1.1  The processed contaminated samples shall be analyzed 
according to the following procedure.
    10.2  Quantitative Determination of Moisture.
    10.2.1  The recycled liquid phase sample of refrigerant shall be 
analyzed for moisture content via Karl Fischer coulometer 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.
    10.2.2  In conducting the test, a weighed sample of 30 to 130 g 
is vaporized directly into the Karl Fischer anolyte. A coulometer 
titration is conducted and the results are calculated and displayed 
as parts per million moisture (weight).
    10.3  Determination of Percent Lubricant.
    10.3.1  The amount of lubricant in the recycled sample of 
refrigerant/lubricant is to be determined by gravimetric analysis.
    10.3.2  Following venting of noncondensable, in accordance with 
the manufacturer's operating instructions, the refrigerant container 
shall be shaken for 5 minutes prior to extracting samples for test.
    10.3.3  A weighed sample of 175 to 225 g of liquid refrigerant/ 
lubricant is allowed to evaporate at room temperature. The percent 
lubricant is to be calculated from the weight of the original sample 
and the residue remaining after the evaporation.
    10.4  Noncondensable Gas.
    10.4.1  The amount of noncondensable gas is to be determined by 
gas chromatography. A sample of vaporized refrigerant liquid shall 
be separated and analyzed by gas chromatography. A Propak Q column 
at 130 deg.C and a hot wire detector may be used for analysis.
    10.4.2  This test shall be conducted on liquid phase samples of 
recycled refrigerant taken from a full container as defined in 
section 7.4 within 30 minutes following the proper venting of 
noncondensable gases.
    10.4.3  The samples shall be shaken for at least 15 minutes 
prior to testing while at a temperature of 24 deg.C  
2.8 deg.C.
    10.5  Refrigerant Cross Contamination.
    10.5.1  The amount of cross contamination of CFC-12 in HFC-134a 
or HFC-134a in CFC-12 shall not exceed 0.5 percent by weight as 
determined by gas chromatography. A sample of vaporized refrigerant 
liquid shall be separated and analyzed by gas chromatography. A 1% 
SP-1000 on Carbopack B (60/80 mesh) column may be used for the 
analysis.

    11. Appendix F is added to Subpart B to read as follows:

Appendix F to Part 82, Subpart B--Standard for Recover-only Equipment 
That Extracts Class I or Class II Refrigerants Other Than CFC-12

Foreword

    These specifications are for extraction only equipment used to 
service FRIGCTM FR-12 or other class I or class II refrigerants 
other than CFC-12.

1. Scope

    The purpose of this standard is to provide equipment 
specifications for the recovery of FRGCTM FR-12 or other class 
I or class II refrigerants other than CFC-12 which are either (1) to 
be returned to a refrigerant reclamation facility that will process 
the refrigerant to ARI Standard 700-93 or equivalent new product 
specifications at a minimum, or (2) to be recycled in other EPA 
approved recycling equipment (in the event that EPA in the future 
designates a standard for equipment capable of recycling FRGCTM 
FR-12 or other class I or class II refrigerant, as appropriate). It 
is not acceptable that the refrigerant removed from a mobile air 
conditioning system, with this equipment be directly returned to 
mobile air conditioning system. This standard applies to equipment 
used to service automobiles, light trucks, and other vehicles with 
similar air conditioning systems.

2. References

    2.1  Applicable Documents--The following publications form a 
part of this specification to the extent specified. The latest issue 
of SAE publications shall apply.
    2.1.1  SAE Publications--Available from SAE, 400 Commonwealth 
Drive, Warrendale, PA 15096-0001.
    SAE J639-Vehicle Service Coupling.
    SAE J2196-Service Hoses for Automotive Air-Conditioning 
(fittings modified).
    2.1.2  ARI Publication--Available from Air Conditioning and 
Refrigeration Institute, 1501 Wilson Boulevard, Sixth Floor, 
Arlington, VA 22209.
    ARI 700-93--Specifications for Fluorocarbon Refrigerants.
    2.1.3  Compressed Gas Association (CGA) Publications--Available 
from CGA, 1235 Jefferson Davis Highway, Arlington, VA 22202.
    CGA Pamphlet S-1.1--Pressure Relief Device Standard Part 1--
Cylinders for Compressed Gases.
    2.1.4  DOT Publications--Available from the Superintendent of 
Documents, U.S. Government Printing Office, Washington, D.C. 20402.
    DOT Standard, 49 CFR 173.304--Shippers--General Requirements for 
Shipments and Packagings.
    2.1.5  UL Publications--Available from Underwriters 
Laboratories, 333 Pfingsten Road, Northbrook, IL 60062-2096.
    UL 1769--Cylinder Valves.
    UL 1963--Refrigerant Recovery Recycling Equipment.

3.  Specifications and General Description

    3.1  The equipment must be able to extract from a mobile air 
conditioning system FRIGCTM FR-12 or another class I or class 
II refrigerant other than CFC-12 to which the equipment is 
dedicated.
    3.2  The equipment shall be suitable for use in an automotive 
service garage environment as defined in section 6.8.
    3.3  The equipment discharge or transfer fitting shall be unique 
to prevent the unintentional use of the extracted refrigerant for 
recharging auto air conditioners.
    3.4  Equipment Certification--The equipment shall be certified 
by Underwriters Laboratories or and equivalent certifying laboratory 
to meet this standard.
    3.5 Label Requirements--The equipment shall have a label 
``Designed Certified by (Company Name) to meet EPA requirements for 
use only with (the applicable refrigerant). The refrigerant from 
this equipment must be processed to ARI 700-93 specifications or 
equivalent new product specifications before reuse in a mobile air-
conditioning system.'' The minimum letter size shall be bold type 3 
mm in height.

4. Safety Requirements

    4.1  The equipment must comply with applicable federal, state, 
and local requirements on equipment related to the handling of the 
applicable refrigerant material. Safety precautions or notices or 
labels related to the safe operation of the equipment shall also be 
prominently displayed on the equipment and should state ``CAUTION--
SHOULD BE OPERATED BY CERTIFIED PERSONNEL''. The safety 
identification shall be located on the front near the controls.
    4.2  The equipment must comply with applicable safety standards 
for electrical and mechanical requirements.

5. Operating Instructions

    5.1  The equipment manufacturer must provide operating 
instructions that include information equivalent to that required by 
SAE J1629, necessary maintenance procedures, and source information 
for replacement parts and repair.
    5.1.1  The instruction manual shall include the following 
information on the lubricant removed: Only new lubricant, as 
identified by the system manufacturer, should be replaced in the air 
conditioning system. Removed lubricant from the system and/or the 
equipment shall be disposed on in accordance with the applicable 
federal, state, and local procedures and regulations.
    5.2  The equipment must prominently display the manufacturer's 
name, address, the type of refrigerant it is designed to extract, a 
service telephone number, and any items that require maintenance or 
replacement that affect the proper operation of the equipment. 
Operation manuals must cover information for complete maintenance of 
the equipment to assure proper operation.

6. Functional Description

    6.1  The equipment must be capable of ensuring removal of 
refrigerant from the system being serviced by reducing the system 
pressure to a minimum of 102 mm (4 in) of mercury below atmospheric 
pressure (i.e., to a vacuum). To prevent system delayed outgassing, 
the unit must have a device that assures that the refrigerant has 
been recovered from the air-conditioning system.
    6.1.1  Testing laboratory certification of the equipment 
capability is required which 

[[Page 9033]]
shall process contaminated refrigerant samples at specific 
temperatures.
    6.2  The equipment must be preconditioned by processing 13.6 kg 
(30 lb) of the standard contaminated refrigerant at an ambient of 21 
 deg.C (70  deg.F) before starting the test cycle. Sample amounts 
are not to exceed 1.13 kg (2.5 lb) with sample amounts to be 
processed at 5 min intervals. The test method fixture, depicted in 
Figure 1 to Appendix A of this subpart, shall be operated at 21  
deg.C (70  deg.F). Contaminated refrigerant samples shall be 
processed at ambient temperatures of 10 and 49  deg.C, without 
equipment shutting due to any safety devices employed in this 
equipment.
    6.2.1  Standard contaminated refrigerant, 13.6 kg (30 lb) sample 
size, shall consist of liquid refrigerant with 1300 ppm (by weight) 
moisture at 21  deg.C and 45,000 ppm (by weight) of oil (mineral oil 
and POE) and 1000 ppm by weight of noncondensable gases (air).
    6.3  Portable refillable containers used in conjunction with 
this equipment must meet applicable DOT Standards.
    6.3.1  The container color must be colored (with the applicable 
ARI color code for the specific refrigerant) with a yellow top to 
identify that it contains used refrigerant. It must be permanently 
marked on the outside surface in black print at least 20 mm high 
``DIRTY [NAME OF REFRIGERANT]--DO NOT USE, MUST BE PROCESSED''.
    6.3.2  The portable refillable container shall have a unique 
thread connection for the specific refrigerant.
    6.3.3  During operation, the equipment shall provide overfill 
protection to assure that the storage container liquid fill does not 
exceed 80% of the tank's rated volume at 21  deg.C per DOT Standard, 
49 CFR 173.304, and the American Society of Mechanical Engineers.
    6.4  Additional Storage Tank Requirements.
    6.4.1  The cylinder valve shall comply with UL 1769.
    6.4.2  The pressure relief device shall comply with CGA Pamphlet 
S-1.1.
    6.4.3  The container assembly shall be marked to indicate the 
first retest date, which shall be 5 years after date of manufacture. 
The marking shall indicate that retest must be performed every 
subsequent 5 years. The marking shall be in letters at least 6 mm 
high.
    6.5  All flexible hoses must meet SAE J2196 for service hoses 
except that fittings shall be unique to the applicable refrigerant.
    6.6  Service hoses must have shutoff devices located within 30 
cm of the connection point to the system being serviced to minimize 
introduction of noncondensable gases into the recovery equipment 
during connection and the release of the refrigerant during 
disconnection.
    6.7  The equipment must be able to separate the lubricant from 
the recovered refrigerant and accurately indicate the amount removed 
from the simulated automotive system during processing in 30 ml 
units.
    6.7.1  The purpose of indicating the amount of lubricant is to 
ensure that a proper amount of new lubricant is returned to the 
mobile air conditioning system for compressor lubrication.
    6.7.2  Refrigerant dissolved in this lubricant must be accounted 
for to prevent system lubricant overcharge of the mobile air-
conditioning system.
    6.8  The equipment must be capable of continuous operation in 
temperatures of 10 to 49  deg.C and must comply with sections 6.1 
and 6.2.
    7. For test validation, the equipment is to be operated 
according to the manufacturer's instructions.

Application

    The purpose of this standard is to provide equipment 
specifications for the recovery of any class I or class II 
refrigerant other than CFC-12 for return to a refrigerant 
reclamation facility that will process it to ARI Standard 700-93 (or 
for recycling in other EPA approved recycling equipment, in the 
event that EPA in the future designates a standard for equipment 
capable of recycling FRIGC TM FR-12 or other class I or class 
II refrigerant, as appropriate). It is not acceptable that the 
refrigerant removed from a mobile air-conditioning system with this 
equipment be directly returned to mobile air-conditioning system.

Reference Section

    SAE J639--Vehicle Service Coupling.
    SAE J2196--Service Hoses for Automotive Air-Conditioning.
    ARI 700-93--Specifications for Fluorocarbon Refrigerants.
    CGA Pamphlet S-1.1--Pressure Relief Device Standard Part 1--
Cylinders for Compressed Gases.
    UL 1769--Cylinder Valves.
    49 CFR 173.304--Shippers--General Requirements for Shipment and 
Packagings.

[FR Doc. 96-4033 Filed 3-5-96; 8:45 am]
BILLING CODE 6560-50-P

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