[Federal Register Volume 67, Number 2 (Thursday, January 3, 2002)]
[Notices]
[Pages 319-320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-108]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7125-5]


Agency Information Collection Activities: Proposed Collection, 
Comment Request; Enforcement Policy Regarding the Sale and Use of 
Aftermarket Catalytic Converters

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 notice announces that EPA is planning to submit the 
following continuing Information Collection Request (ICR) to the Office 
of Management and Budget (OMB): Enforcement Policy Regarding the Sale 
and Use of Aftermarket Catalytic Converters; EPA ICR # 1292.05; OMB No. 
2060-0135; expires May 31, 2002. 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 March 4, 2002.

ADDRESSES: U.S. Environmental Protection Agency, Office of Enforcement 
and Compliance Assurance, Office of Regulatory Enforcement (2242A), 
1200 Pennsylvania Avenue, NW., Washington, DC 20460. Copies of the ICR 
can be obtained free of charge by contacting Jack McLaughlin as 
provided below.

FOR FURTHER INFORMATION CONTACT: Jack McLaughlin, Telephone: (303) 236-
9513; Facsimile number: (303) 236-9514; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION:
    Affected entities: Entities potentially affected by this action are 
manufacturers and installers of aftermarket automobile catalytic 
converters.
    Title: Enforcement Policy Regarding the Sale and Use of Aftermarket 
Catalytic Converters (OMB Control number 2060-0135; EPA ICR # 1292.05.) 
expiring 5/31/2002.
    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

[[Page 320]]

one-time basis, for each catalyst line manufactured, to identify the 
catalyst 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 catalyst manufactured and 
a summary of warranty card information (or copies of warranty cards, at 
the manufacturer's option). Companies that recondition used catalysts 
must, on a one-time basis, identify the company and provide information 
regarding procedures to be used to test used catalysts. All used 
catalysts must be individually bench-tested, and the company must 
submit semi-annual reports to EPA of the identity of persons who 
distribute the reconditioned catalysts and the number of reconditioned 
catalysts of each type that are sold to each distributor. 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.
    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 new catalyst manufacturers the average hourly 
burden per year per respondent is about 5 hours for the reporting 
required by the policy and the associated recordkeeping. The reporting 
is mandatory. The frequency of response is estimated to be 1 report per 
year for a new product line and 2 reports per year on manufacturing and 
warranty card information. There are 6 entities in the country covered 
by the requirements. Total burden for all new catalyst manufacturers is 
about 60 hours per year. There are annual operating and maintenance 
costs of about $60 per manufacturer. There are annualized purchased 
service costs of $35,700 per respondent. There are no annualized 
capital costs. Startup costs have been completed.
    For parties who recondition used catalysts, 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 
about 8,900 tests of used catalysts per respondent. Total burden for 
all 8 respondents is about 5,048 hours. There are annual operation and 
maintenance costs of about $200 per respondent. There are annualized 
capital costs of about $38,244 per respondent.
    For parties who install aftermarket catalysts there is no reporting 
burden. The average annual recordkeeping burden is about 3.5 hours per 
respondent. There are no annualized operation and maintenance costs or 
annualized capital costs. 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.

    Dated: December 28, 2001.
Barry N. Breen,
Acting Assistant Administrator, Office of Enforcement and Compliance 
Assurance.
[FR Doc. 02-108 Filed 1-2-02; 8:45 am]
BILLING CODE 6560-50-P