[Federal Register: May 31, 2005 (Volume 70, Number 103)]
[Notices]
[Page 30941-30943]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31my05-31]
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ENVIRONMENTAL PROTECTION AGENCY
[2005-0052; FRL-7919-3]
Agency Information Collection Activities: Proposed Collection;
Comment Request; Enforcement Policy Regarding the Sale and Use of
Aftermarket Catalytic Converters, EPA ICR Number 1292.06, OMB Control
Number 2060-0135
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501
et seq.), this document announces that EPA is planning to submit a
continuing Information Collection Request (ICR) to the Office of
Management and Budget (OMB). This is a request to renew an existing
approved collection. This ICR is scheduled to expire on August 31,
2005. Before submitting the ICR to OMB for review and approval, EPA is
soliciting comments on specific aspects of the proposed information
collection as described below.
DATES: Comments must be submitted on or before August 1, 2005.
ADDRESSES: Submit your comments, referencing docket ID number 2005-0052
to EPA online using EDOCKET (our preferred method), by e-mail to
OECA.docket@epa.gov, or by surface mail to: EPA Docket Center,
Environmental Protection Agency, Office of Enforcement and Compliance
Assurance (OECA), mail code 2201T, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460.
FOR FURTHER INFORMATION CONTACT: Jack McLaughlin, Telephone: (303) 236-
9513, Facsimile number: (303) 236-9514); e-mail:
mclaughlin.jackj@epa.gov.
SUPPLEMENTARY INFORMATION: EPA has established a public docket for this
ICR under Docket ID number 2005-0052, which is available for public
viewing at the OECA Docket in the EPA Docket Center (EPA/DC), EPA West,
Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket
Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Reading Room is (202) 566-1744, and the telephone number for the OECA
Docket Office is (202) 566-1752 An electronic version of the public
docket is available through EPA Dockets (EDOCKET) at http://www.epa.gov/edocket.
Use EDOCKET to obtain a copy
[[Page 30942]]
of the draft collection of information, submit or view public comments,
access the index listing of the contents of the public docket, and to
access those documents in the public docket that are available
electronically. Once in the system, select ``search,'' then key in the
docket ID number identified above.
Any comments related to this ICR should be submitted to EPA within
60 days of this notice. EPA's policy is that public comments, whether
submitted electronically or on paper, will be made available for public
viewing in EDOCKET as EPA receives them and without change, unless the
comment contains copyrighted material, Confidential Business
Information (CBI), or other information whose public disclosure is
restricted by statute. When EPA identifies a comment containing
copyrighted material, EPA will provide a reference to that material in
the version of the comment that is placed in EDOCKET. The entire
printed comment, including the copyrighted material, will be available
in the public docket. Although identified as an item in the official
docket, information claimed as CBI, or whose disclosure is otherwise
restricted by statute, is not included in the official public docket,
and will not be available for public viewing in EDOCKET. For further
information about the electronic docket, see EPA's Federal Register
notice describing the electronic docket at 67 FR 38102 (May 31, 2002),
or go to http://www.epa.gov./edocket.
Affected entities: Entities affected by this action are
manufacturers, reconditioners, and installers of aftermarket and/or
reconditioned automotive catalytic converters (converters).
Title: Aftermarket Catalytic Converter Enforcement Policy
(Renewal).
Abstract: Section 203(a)(3) of the Clean Air Act (Act) prohibits
removing or rendering inoperative automobile emission control devices
or elements of design in a motor vehicle. But for the adoption of the
Aftermarket Catalytic Converter Enforcement Policy (51 FR 28114-28119,
28133 (August 5, 1986); 52 FR 42144 (November 3, 1987), 67 FR 319-320
(January 3, 2002) the manufacture, sale, or installation of aftermarket
converters not equivalent to new original equipment (OE) converters
would constitute a violation of the Act. Because replacement OE
converters are expensive, many consumers had elected to not replace
converters that malfunctioned subsequent to the expiration of the
emissions warranty on their vehicles. Manufacturers of new aftermarket
converters are required (67 FR 319-320, January 3, 2002), on a one-time
basis, for each converter line manufactured, to identify the
converter's physical specifications and summarize pre-production
testing of the prototype. In addition, the manufacturer must submit
semi-annual reports to EPA of the number of each type of converter
manufactured. We are proposing to drop the requirement to submit a
summary (or copies at manufacturer's option) of warranty card
information and solicit comment on this proposal and the incremental
reduction in burden as a result. The requirement to retain the
information (and the cards themselves) for 5 (five) years would
continue, and would be subject to EPA inspection. With this notice, we
also solicit comment for a modification to the existing requirement to
label converters, to further require that the label be affixed to the
converter(s) on a surface that is visible from the underside of the
vehicle once the converter(s) is/are installed on the vehicle. This
will insure that installed converters can be visually verified for
compliance with EPA aftermarket converter policy requirements.
Reconditioners of used converters must, on a one-time basis,
identify themselves and provide information regarding their equipment
and procedures followed to comply with this policy. All used OE
converters must be individually bench-tested, and the company must
submit semi-annual reports to EPA disclosing the identity of persons
who distribute the reconditioned converters and the number of
reconditioned converters of each type that are sold to each
distributor.
Companies that install aftermarket converters have no reporting
requirements but must keep copies of installation invoices and records
for 6 (six) months that specify the reason an aftermarket converter
installation was permissible. A technical change will be made to
specify that the warranty period for the OE converter originally
installed on the vehicle is 8 years/80,000 miles starting with the 1995
model year. Therefore, aftermarket or reconditioned converters
generally cannot be installed on 1995 and newer vehicles until the
vehicles are at least 8 (eight) years old, or have accumulated 80,000
miles of service life, whichever comes first. This change is necessary
to update this policy to conform to regulatory requirements for 1995
Model Year and newer vehicles. Removed converters must be tagged with
identifying information and retained for 15 days. EPA allows the use of
pre-printed documents or computer-generated documents. All the
recordkeeping under the policy is authorized by section 114 of the Act,
42 U.S.C. 7414 and section 208 of the Act, 42 U.S.C. 7542 and is a
mandatory condition for participation in this voluntary alternative
program to manufacturing converters equivalent to OE. Noncompliance
with the recordkeeping and reporting requirements violates section
203(a)(3) of the Act, 42 U.S.C. 7522(a)(3). Parties who comply with
these policies are allowed to install aftermarket converters instead of
OE converters. Confidentiality provisions are found at 40 CFR part 2.
These requirements have been in effect for over 15 years. Startup costs
have been completed. This proposed ICR renewal utilizes assumptions
that are the same as the previous ICR.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations are listed in 40 CFR part 9 and 48 CFR chapter 15. In
addition to this information, you may obtain a copy of the draft ICR
supporting statement as provided above.
The EPA would like to solicit comments to: (i) Evaluate whether the
proposed collection of information is necessary for the proper
performance of the functions of the agency, including whether the
information will have practical utility; (ii) evaluate the accuracy of
the agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (iii) enhance the quality, utility, and clarity of the
information to be collected; and (iv) minimize the burden of the
collection of information on those who are to respond, including
through the use of appropriate automated electronic, mechanical, or
other technological collection techniques or other forms of information
technology, e.g., permitting electronic submission of responses.
Burden Statement: For manufacturers of new aftermarket converters,
the average hourly burden per year per respondent is approximately 5
hours for the reporting required by the policy and the associated
record keeping. The reporting is mandatory. The frequency of response
is estimated at 1 report per year for a new product line and 2 reports
per year on manufacturing information. There are 6 (six) respondents in
the country covered by the requirements. Total burden for all
manufacturers of new aftermarket converters is about 60 hours per year.
There are annual operating costs of about $60 per manufacturer, and
service
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costs of $35,700 per respondent. There are no annualized capital costs.
Startup costs have been completed.
For converter reconditioners, the average annual hourly reporting
burden is 631 hours per respondent. The reporting is mandatory. The
frequency of response is 2 reports per year based on approximately 8900
tests of used converters per respondent. Total burden for the 8
respondents is about 5048 hours. There are annual operation/maintenance
costs of approximately $200 per respondent. There are annualized
capital costs of about $38,244 per respondent. For aftermarket
converter installers, there is no reporting burden. The average annual
record keeping burden is approximately 3.5 hours per respondent. Total
burden for the estimated 30,000 installers is 105,000 hours.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, disclose, or
otherwise provide information to or for a federal agency. This includes
the time needed to review instructions; to develop, and utilize
technology and systems for the purposes of collecting and validating
information; processing and maintaining information, and providing
information as required. Training personnel to accurately respond to
the collection of information; searching data sources; reviewing,
transmitting, and/disclosing information are also part of the burden.
Dated: May 23, 2005.
Walker Smith,
Director, Office of Civil Enforcement.
[FR Doc. 05-10766 Filed 5-27-05; 8:45 am]
BILLING CODE 6560-50-P