[Federal Register Volume 70, Number 103 (Tuesday, May 31, 2005)]
[Notices]
[Pages 30941-30943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10766]


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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 
[email protected], 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: 
[email protected].

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