[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Notices]
[Pages 56817-56819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22943]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OECA-2008-0696; FRL-8722-7]
Agency Information Collection Activities; Proposed Collection;
Comment Request; Reporting and Recordkeeping Requirements for the
Enforcement Policy Regarding the Sale and Use of Aftermarket Catalytic
Converters; EPA ICR No.1292.08, OMB Control No. 2060-0135
AGENCY: Environmental Protection Agency.
ACTION: Notice.
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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), this document announces that EPA is planning to
submit a request to renew an existing approved Information Collection
Request (ICR) to the Office of Management and Budget (OMB). This ICR is
scheduled to expire on December 31, 2008. Before submitting the ICR to
OMB for review and approval, EPA is soliciting comments on specific
aspects of the proposed information collection as described below.
DATES: Comments must be submitted on or before December 1, 2008.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2008-0696 by one of the following methods:
http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: [email protected].
Fax: 202-566-9744
Mail: Enforcement and Compliance Docket and Information
Center (ECDIC), Environmental Protection Agency, Mailcode: 2822T, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Hand Delivery: EPA Docket
Center Public Reading Room, EPA West Building Room 3334, 1301
Constitution Avenue, NW., Washington, DC 20004. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
Instructions: Direct your comments to Docket ID No. EPA-HQ-OECA-
2008-0696. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an e-mail comment directly to EPA without
going through http://www.regulations.gov your e-mail address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses. For additional information about EPA's public
docket visit the EPA Docket Center homepage at http://www.epa.gov/epahome/dockets.htm.
FOR FURTHER INFORMATION CONTACT: Ross Ruske, Air Enforcement Division,
(2242A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460; telephone number: (202) 564-1033; fax number:
(202) 564-0069; e-mail address: [email protected].
SUPPLEMENTARY INFORMATION:
How Can I Access the Docket and/or Submit Comments?
EPA has established a public docket for this ICR under Docket ID
No. EPA-HQ-OECA-2008-0696 which is available for online viewing at
http://www.regulations.gov, or in person viewing at the Enforcement and
Compliance Docket in the EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Reading
Room is 202-566-1744, and the telephone number for the Enforcement and
Compliance Docket is 202-566-1752.
Use http://www.regulations.gov to obtain a copy of the draft
collection of information, submit or view public comments, access the
index listing of the contents of the docket, and to access those
documents in the public docket that are available electronically. Once
in the system, select ``search,'' then key in the docket ID number
identified in this document.
What Information Is EPA Particularly Interested in?
Pursuant to section 3506(c)(2)(A) of the PRA, EPA specifically
solicits comments and information to enable it to:
(i) Evaluate whether the proposed collection of information is
necessary for the proper performance of the functions of the Agency,
including whether the information will have practical utility;
(ii) Evaluate the accuracy of the Agency's estimate of the burden
of the proposed collection of information, including the validity of
the methodology and assumptions used;
(iii) Enhance the quality, utility, and clarity of the information
to be collected; and
(iv) Minimize the burden of the collection of information on those
who are to respond, including through the use of appropriate automated
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses. In particular, EPA is requesting comments from
very small businesses (those that employ less than 25) on examples of
specific additional efforts that EPA could make to reduce the paperwork
burden for very small businesses affected by this collection.
[[Page 56818]]
What Should I Consider When I Prepare My Comments for EPA?
You may find the following suggestions helpful for preparing your
comments:
1. Explain your views as clearly as possible and provide specific
examples.
2. Describe any assumptions that you used.
3. Provide copies of any technical information and/or data you used
that support your views.
4. If you estimate potential burden or costs, explain how you
arrived at the estimate that you provide.
5. Offer alternative ways to improve the collection activity.
6. Make sure to submit your comments by the deadline identified
under DATES.
7. To ensure proper receipt by EPA, be sure to identify the docket
ID number assigned to this action in the subject line on the first page
of your response. You may also provide the name, date, and Federal
Register citation.
What Information Collection Activity or ICR Does This Apply to?
Affected entities: Entities potentially affected by this action are
the manufacturers of new aftermarket motor vehicle catalytic converters
and reconditioners of used motor vehicle catalytic converters. The SIC
code is 346. The other respondents are automobile exhaust repair
facilities.
Their SIC code is 7533.
Title: Reporting and Recordkeeping Requirements for the Enforcement
Policy Regarding the Sale and Use of Aftermarket Catalytic Converters
ICR numbers: EPA ICR No. 1292.08, OMB Control No. 2060-0135.
ICR status: This ICR is currently scheduled to expire on December
31, 2008. An Agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information, unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in title 40 of the CFR, after appearing in the Federal
Register when approved, are listed in 40 CFR part 9, are displayed
either by publication in the Federal Register or by other appropriate
means, such as on the related collection instrument or form, if
applicable. The display of OMB control numbers in certain EPA
regulations is consolidated in 40 CFR part 9.
Abstract: Section 203(a)(3) of the Clean Air Act (Act) prohibits
removing or rendering inoperative automobile emission control devices
or elements of design. But for the adoption of the aftermarket
catalytic converter enforcement policy (51 FR 28114-28119, 28133 (Aug.
5, 1986); 52 FR 42144 (Nov. 3, 1987)), the manufacture, sale or
installation of aftermarket catalytic converters (catalysts) not
equivalent to new original equipment (OE) catalysts would constitute a
violation of the Act. However, because replacement OE catalysts are
expensive, many consumers had elected to not replace catalysts that
malfunctioned subsequent to the expiration of the emissions warranty on
their vehicles. The Agency believes that allowing the installation of
aftermarket catalysts on older vehicles can be environmentally
beneficial if the Agency can be assured that the aftermarket catalysts
meet certain standards and if installers are accountable to select the
proper aftermarket catalyst for each vehicle application. Manufacturers
of new aftermarket catalysts are required, on a one-time basis, for
each catalyst line manufactured, to identify the catalyst physical
specifications and summarize pre-production testing of the prototype.
The original policy required that, once production had begun, the
manufacturer would submit to EPA on a semi-annual basis the number of
each type of aftermarket catalyst manufactured and a summary of
information contained on warranty cards or, at the option of the
respondent, copies of warranty cards for all converters sold. This
reporting regarding sales and warranty information was eliminated in
March 1999, with the stipulation that records must be maintained and
the information submitted to EPA upon request.
On a one-time basis, companies that recondition used catalysts
(catalyst reconditioners) must report the identity of the company and a
description of the test bench used for testing used catalytic
converters and the intended vehicle application(s) for each converter
type. All used converters must be tested individually to ensure they
are still functional. Additionally, the original policy required
catalyst reconditioners to report on a semi-annual basis the names and
addresses of distributors along with the number of each type of
converter sold to each distributor. This reporting requirement was
eliminated in March 1999, with the stipulation that records must be
maintained and the information submitted to EPA upon request.
Companies that install aftermarket catalysts have no reporting
requirements, but for 6 months must keep copies of installation
invoices and records that show the reason an aftermarket catalyst
installation was appropriate. Removed catalysts must be tagged with
identifying information and be kept 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. Parties who comply with these policies are allowed to
install aftermarket catalysts instead of OE catalysts. Confidentiality
provisions are found at 40 CFR part 2. These requirements have been in
effect for over 10 years. Startup costs have been completed. The
proposed ICR 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.
Burden Statement: The annual public reporting and recordkeeping
burden for this collection of information is estimated to average 7
hours per response. Burden means the total time, effort, or financial
resources expended by persons to generate, maintain, retain, or
disclose or provide information to or for a Federal agency. This
includes the time needed to review instructions; develop, acquire,
install, and utilize technology and systems for the purposes of
collecting, validating, and verifying information, processing and
maintaining information, and disclosing and providing information;
adjust the existing ways to comply with any previously applicable
instructions and requirements which have subsequently changed; train
personnel to be able to respond to a collection of information; search
data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.
The ICR provides a detailed explanation of the Agency's estimate,
which is only briefly summarized here:
Estimated total number of potential respondents: 30,014.
Frequency of response: Annual.
Estimated total average number of responses for each respondent: 1.
Estimated total annual burden hours: 212,101 hours.
Estimated total annual costs: $676,000. This includes an estimated
burden cost of $390,000 and an estimated cost of $286,000 for capital
investment or maintenance and operational costs.
[[Page 56819]]
Are There Changes in the Estimates From the Last Approval?
There is anticipated to be no change in the hours in the total
estimated respondent burden compared with that identified in the ICR
currently approved by OMB.
What Is the Next Step in the Process for This ICR?
EPA will consider the comments received and amend the ICR as
appropriate. The final ICR package will then be submitted to OMB for
review and approval pursuant to 5 CFR 1320.12. At that time, EPA will
issue another Federal Register notice pursuant to 5 CFR
1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the
opportunity to submit additional comments to OMB. If you have any
questions about this ICR or the approval process, please contact the
technical person listed under FOR FURTHER INFORMATION CONTACT.
Dated: September 24, 2008.
Granta Y. Nakayama,
Assistant Administrator, Office of Enforcement and Compliance
Assurance.
[FR Doc. E8-22943 Filed 9-29-08; 8:45 am]
BILLING CODE 6560-50-P