[Federal Register Volume 77, Number 76 (Thursday, April 19, 2012)]
[Notices]
[Pages 23478-23480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9443]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2012-0157; FRL-9662-5]


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

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 August 31, 2012. 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 June 18, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OECA-2012-0157 by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for 
submitting comments.
     Email: [email protected].
     Fax: 202-566-9744.
     Mail: Enforcement and Compliance Docket and Information 
Center (ECDIC), Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW. (Mailcode: 2822T), 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-
2012-0157. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
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 www.regulations.gov or email. The 
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 email comment 
directly to EPA without going through www.regulations.gov your email 
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: David E. Alexander, Air Enforcement 
Division, Office of Enforcement and Compliance Assurance (2242A), 
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., 
Washington, DC 20460; telephone number: (202) 564-2109; fax number: 
(202) 564-0069; email 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-2012-0157 which is available for online viewing at 
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 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,

[[Page 23479]]

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.

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 August 31, 
2012. 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. If the EPA had not adopted 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 they must keep copies of installation invoices and 
records that show the reason an aftermarket catalyst installation was 
appropriate for six months. 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 ten 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 seven 
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.

[[Page 23480]]

    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.

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. EPA anticipates adjusting for inflation the 
estimated costs of labor and capital used in the supporting statement 
prepared in 2008. The 2008 supporting statement may be reviewed in the 
docket.

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 Sec.  
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: April 13, 2012.
Pamela J. Mazakas,
Acting Director, Office of Civil Enforcement.
[FR Doc. 2012-9443 Filed 4-18-12; 8:45 am]
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