[Federal Register Volume 64, Number 43 (Friday, March 5, 1999)]
[Notices]
[Pages 10660-10661]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5492]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6238-3]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Enforcement Policy Regarding the Sale and Use 
of Aftermarket Catalytic Converters ICR

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 the following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: Enforcement Policy Regarding 
the Sale and Use of Aftermarket Catalytic Converters; OMB No. 2060-
0135; expires 03/31/99. The ICR describes the nature of the information 
collection and its expected burden and cost; and where appropriate, it 
includes the actual data collection instrument.

DATES: Comments must be submitted on or before April 5, 1999.

FOR FURTHER INFORMATION CONTACT: Sandy Farmer at EPA by phone at (202) 
260-2740, by E-Mail at Farmer.S[email protected] or download off the 
Internet at http://www.epa.gov/icr and refer to EPA ICR No. 1292.05.

SUPPLEMENTARY INFORMATION:
    Title: Enforcement Policy Regarding the Sale and Use of Aftermarket 
Catalytic Converters, (OMB Control No. 2060-0135; EPA ICR No. 1292.05.) 
expiring 3/31/99. This is a request for an extension of a currently 
approved collection.
    Abstract: Section 203(a) of the Clean Air Act (Act), 42 U.S.C. 
7522(a), prohibits removing or rendering inoperative automobile 
emission control devices or elements of design and prohibits the sale 
or installation of any device that bypasses or renders inoperative 
emission control elements of design. Prior to the issuance 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 not equivalent 
to new original equipment (OE) converters violated Sec. 203 of the Act. 
However, current EPA policy allows aftermarket converters to be 
manufactured and installed, under the conditions that the converters 
meet certain specified standards; a converter may be installed on a 
vehicle only if it is the appropriate type and size for that vehicle. 
The record keeping and testing requirements of the policy are needed to 
ensure the quality and installation requirements are met.
    New aftermarket catalytic converter manufacturers are required, 
once for each converter line manufactured, to identify physical 
specifications of the converter and to summarize pre-production testing 
of the prototype. The manufacturer must report semi-annually the number 
of each type of converter manufactured, and provide a summary of 
warranty card information (or copies of the actual cards, at the 
manufacturer's option). In addition, the manufacturers must keep 
warranty cards for 5 years, since that is the length of the warranty 
period.
    A company that reconditions used converters must, one time only, 
identify itself and provide information regarding its converter testing 
equipment and procedures. All used converters must be individually 
bench-tested, and the company must report semi-annually the identity of 
its distributors and the number of reconditioned converters of each 
type that are sold to the distributor.
    Installers of aftermarket converters have no reporting requirements 
but must keep copies of installation invoices and a record that 
demonstrates that the installation was justified. Removed converters 
must be tagged with identifying information and be kept for 15 days.
    EPA allows the use of computerized records and pre-printed 
documents.
    Parties who comply with these policies are allowed to manufacture, 
sell and install aftermarket catalytic converters which are not 
identical to original equipment (OE) converters.
    While the program is voluntary in that converter manufacturers 
could instead manufacture or install certified OE-equivalent 
converters, for companies choosing to manufacture converters meeting 
the less stringent requirements of the policy, all responses are 
mandatory. EPA has authority to require this information under section 
203 of the Act, 42 U.S.C. 7522, section 114 of the Act, 42 U.S.C. 7414 
and section 208 of the Act, 42 U.S.C. 7542. Confidentiality of 
information obtained from parties is protected under 40 CFR part 2.
    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

[[Page 10661]]

15. The Federal Register document required under 5 CFR 1320.8(d), 
soliciting comments on this collection of information was published on 
August 5, 1998 (63 FR 41818); no comments were received.
    Burden Statement: The annual public reporting and record keeping 
burden for this collection of information for new aftermarket catalytic 
converter manufacturers is estimated to average 4 hours per year 
(combined average). Burden means the total time, effort, or financial 
resources expended by persons to generate, maintain, retain, or 
disclose or provide information to or for a Federal agency. This 
includes the time needed to review instructions; develop, acquire, 
install, and utilize technology and systems for the purposes of 
collecting, validating, and verifying information, processing and 
maintaining information, and disclosing and providing information; 
adjust the existing ways to comply with any previously applicable 
instructions and requirements; train personnel to be able to respond to 
a collection of information; search data sources; complete and review 
the collection of information; and transmit or otherwise disclose the 
information.
    Respondents/Affected Entities: Aftermarket catalytic converter 
manufacturers and re-conditioners and aftermarket converter installers.
    Estimated Number of Respondents: 12 new aftermarket catalytic 
converter manufacturers, 8 used catalytic converter re-conditioners and 
17,000 aftermarket converter installers.
    Frequency of Response: 3 reports per year for new aftermarket 
converter manufacturers and one prototype testing event per year; 2 
reports per year for used aftermarket conditioners and 8,900 tests of 
individual converters; installers average 118 recordkeeping activities 
each year on a per sales transaction basis, with no reporting.
    Estimated Total Annual Hour Burden: 65,788 hours, including startup 
hours.
    Estimated Total Annualized Cost Burden: $756,444, including 
annualized startup costs.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the following addresses. Please 
refer to EPA ICR No. 1292.05 and OMB Control No. 2060-0135 in any 
correspondence.
Ms. Sandy Farmer, U.S. Environmental Protection Agency, Office of 
Policy, Regulatory Information Division (2137), 401 M Street, SW, 
Washington, DC 20460;
    and
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for EPA, 725 17th Street, NW., 
Washington, DC 20503.

    Dated: February 26, 1999.
Richard T. Westlund,
Acting Director, Regulatory Information Division.
[FR Doc. 99-5492 Filed 3-4-99; 8:45 am]
BILLING CODE 6560-50-P