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, 56817-56819 [E8-22943]
Download as PDF
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices
888 First Street, NE., Washington, DC
20426.
This filing is accessible on-line at
https://www.ferc.gov, using the
‘‘eLibrary’’ link and is available for
review in the Commission’s Public
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There is an ‘‘eSubscription’’ link on the
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(202) 502–8659.
Comment Date: 5 p.m. Eastern Time
on October 16, 2008.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E8–22856 Filed 9–29–08; 8:45 am]
BILLING CODE 6717–01–P
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
Environmental Protection
Agency.
ACTION: Notice.
ebenthall on PROD1PC60 with NOTICES
AGENCY:
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:
• https://www.regulations.gov: Follow
the on-line instructions for submitting
comments.
• E-mail: docket.oeca@epa.gov.
• Fax: 202–566–9744
• Mail: Enforcement and Compliance
Docket and Information Center (ECDIC),
VerDate Aug<31>2005
15:35 Sep 29, 2008
Jkt 214001
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 https://
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 https://
www.regulations.gov or e-mail. The
https://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 https://
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 https://
www.epa.gov/epahome/dockets.htm.
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:
ruske.ross@epa.gov.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
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56817
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 https://
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 https://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.
E:\FR\FM\30SEN1.SGM
30SEN1
56818
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices
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.
ebenthall on PROD1PC60 with NOTICES
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
VerDate Aug<31>2005
15:35 Sep 29, 2008
Jkt 214001
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
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Fmt 4703
Sfmt 4703
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.
E:\FR\FM\30SEN1.SGM
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Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices
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]
PR Notice. Rather than develop
additional guidance, EPA believes it is
better to allocate its resources to other
initiatives which should improve
pesticide labeling in ways that enhance
users’ understanding of and ability to
use products safely and effectively.
Thus, the Agency will continue to
evaluate applications proposing to add
labeling containing third-party
endorsements or cause marketing claims
on a case-by-case basis to ensure that
the applicant has provided sufficient
information to allow EPA to determine
whether products containing such
claims meet the standards for
registration.
FOR FURTHER INFORMATION CONTACT:
Michelle DeVaux, Immediate Office
(7501P), Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington,
DC 20460–0001; telephone number:
(703) 308–5891; fax number: (703) 308–
4776; e-mail address:
devaux.michelle@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
Environmental Protection
Agency (EPA).
ACTION: Notice.
A. Does this Action Apply to Me?
This notice is directed to the public
in general, although it may be of
particular interest to those persons who
register products under the Federal
Insecticide, Fungicide, and Rodenticide
Act (FIFRA). Since other entities may
also be interested, the Agency has not
attempted to describe all the specific
entities that may be affected by this
action.
If you have any questions regarding
the applicability of this action to a
particular entity, consult the person
listed under FOR FURTHER INFORMATION
CONTACT.
SUMMARY: EPA is withdrawing its draft
Pesticide Registration Notice (PR
Notice) entitled ‘‘Label Statements
Regarding Third-Party Endorsements &
Cause Marketing.’’ The draft PR Notice,
issued for public comment in October
2007, contained a description of the
Agency’s proposed framework for
evaluating proposed statements and
graphic material to appear on pesticide
labeling regarding third-party
endorsements or a relationship between
the pesticide registrant and a charity
(‘‘cause marketing claims’’) and the
kinds of information EPA would expect
to receive in applications to add such
claims to pesticide labeling. Public
comments on the draft raised serious
issues, leading the Agency to conclude
that considerably more information
would likely be needed to support such
claims than was described by the draft
B. How Can I Get Copies of this
Document and Other Related
Information?
1. Docket. EPA has established a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2007–1008. Publicly available
docket materials are available either in
the electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
2. Electronic access. You may access
this Federal Register document
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2007–1008; FRL–8385–3]
Pesticides; Notice of Intent To
Withdraw the Draft PR Notice on Label
Statements Regarding Third-Party
Endorsements and Cause Marketing
ebenthall on PROD1PC60 with NOTICES
AGENCY:
VerDate Aug<31>2005
15:35 Sep 29, 2008
Jkt 214001
PO 00000
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56819
electronically through the Internet
under the ‘‘Federal Register’’ listings at
https://www.epa.gov/fedrgstr.
II. Background
EPA is committed to ensuring that
pesticide labeling communicates to the
user information on how to use the
product safely and effectively. The
Agency is devoting considerable
resources to improving the content and
design of the labeling of currently
approved pesticide products in order to
meet this goal. These efforts address not
only guidance about what information
should appear in labeling, but also how
EPA receives and reviews labeling and
how labeling is communicated to users.
In the Federal Register of October 31,
2007 (72 FR 61638) (FRL–8152–6), EPA
issued for public comment a draft
Pesticide Registration Notice (PR
Notice) entitled ‘‘Label Statements
Regarding Third-Party Endorsements &
Cause Marketing.’’ The draft PR Notice
described a proposed framework for
evaluating proposed statements and
graphic material to appear on pesticide
labeling regarding third-party
endorsements or a relationship between
the pesticide registrant and a charity
(‘‘cause marketing claims’’). The draft
PR Notice also discussed the kinds of
information EPA would expect to
receive in an application in order to
determine that such claims are
consistent with FIFRA. The Agency
received 108 comments opposing the
draft PR Notice, along with 11
comments in support of some or all of
the draft.
This Notice discusses EPA’s decision,
after reviewing public comments, to
withdraw its draft PR Notice, and to
continue to support initiatives that
simplify and clarify labeling in order to
better communicate critical information
to users. Unit III. of this Notice
describes the legal framework used by
EPA to evaluate proposed labeling of
pesticide products. Unit IV. discusses
the importance of pesticide labeling and
initiatives the Agency is taking to
improve pesticide labeling. Unit V.
discusses the draft PR Notice and public
comments received, and Unit VI.
explains EPA’s position on the kinds of
cause marketing claims and third-party
endorsements as described in the PR
Notice and the basis for this position.
In sum, consistent with its mandate,
EPA will accept and review all
applications for new or amended
pesticide labeling, including those
proposing to add third-party
endorsements or cause marketing
claims. After review of public
comments, however, the Agency has
decided that such claims are unlikely to
E:\FR\FM\30SEN1.SGM
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Agencies
[Federal Register Volume 73, Number 190 (Tuesday, September 30, 2008)]
[Notices]
[Pages 56817-56819]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-22943]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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:
https://www.regulations.gov: Follow the on-line
instructions for submitting comments.
E-mail: docket.oeca@epa.gov.
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
https://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 https://
www.regulations.gov or e-mail. The https://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 https://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 https://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: ruske.ross@epa.gov.
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
https://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 https://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