Agency Information Collection Activities; Submission to OMB for Review and Approval; Comment Request; Enforcement Policy Regarding the Sale and Use of Aftermarket Catalytic Converters; EPA ICR No. 1292.08, OMB Control No. 2060-0135, 78783-78784 [E8-30543]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 73, Number 247 (Tuesday, December 23, 2008)]
[Notices]
[Pages 78783-78784]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30543]



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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OECA-2008-0696; FRL-8756-2]


Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; 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 (EPA).

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 an Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. This is a request to renew an 
existing approved collection. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before January 22, 
2009.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OECA-
2008-0696, to (1) EPA online using www.regulations.gov (our preferred 
method), by e-mail to docket.oeca@epa.gov or by mail to: EPA Docket 
Center, Environmental Protection Agency, Mail Code 2822T, 1200 
Pennsylvania Ave., NW., Washington, DC 20460, and (2) OMB by mail to: 
Office of Information and Regulatory Affairs, Office of Management and 
Budget (OMB), Attention: Desk Officer for EPA, 725 17th Street, NW., 
Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Anne Wick, Air Enforcement Division 
(2242A), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460; telephone number: (202) 564-2063; fax number: 
(202) 564-0069; e-mail address: wick.anne@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On September 30, 2008 (73 FR 56817), EPA sought comments on 
this ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    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 
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 202-566-9744.
    Use EPA's electronic docket and comment system at 
www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at www.regulations.gov 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. For further 
information about the electronic docket, go to www.regulations.gov.
    Title: Enforcement Policy Regarding the Sale and Use of Aftermarket 
Catalytic Converters (Renewal).
    ICR numbers: EPA ICR No. 1292.08, OMB Control No. 2060-0135.
    ICR Status: This ICR is scheduled to expire on December 31, 2008. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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: The aftermarket catalytic converter policy (AMCC Policy) 
(51 FR 28114-28119, 28113 (Aug. 5, 1986); 52 FR 42144 (Nov. 3, 1987)) 
allows aftermarket automobile catalytic converter (AMCC) manufacturers 
and reconditioners to compete with the automobile manufacturers for the 
AMCC replacement market. Without this policy, it would be illegal, 
under section 203 of the Clean Air Act, 42 U.S.C. 7522, to sell or 
install AMCCs that do not conform exactly to the automobile 
manufacturers' original equipment (OE) versions of these parts. The 
AMCC Policy makes it possible for automobile repair shops, which are 
often small businesses, to take on a significant share of the AMCC 
replacement market. In doing so, consumers are able to purchase AMCCs 
at a much lower price than they would pay for an OE catalytic 
converter. This helps to ensure that vehicles will not create excessive 
air pollution because motorists are more likely to replace damaged 
catalytic converters if they can be obtained at a cost that is 
significantly less than OE catalytic converters (cost savings resulting 
from the AMCC Policy are estimated to be about $716 million in 2007 
dollars).
    New AMCC manufacturers are required to report, on a one-time basis 
for each type or line of converter manufactured, the supplier 
identities, physical specifications of each AMCC line produced, and 
information regarding pre-production testing of the AMCCs that show 
they meet the AMCC Policy emission reduction standards for certain 
specified vehicle applications (a single AMCC line can be used on a 
large number of vehicle applications). The current AMCC Policy requires 
new AMCC manufacturers to retain warranty and sales records.
    Reconditioners (sellers of used catalytic converters) must report, 
on a one-time basis, the identity of the company, a description of the 
test bench used for testing used catalytic converters, and the intended 
vehicle application(s) for each catalytic converter type. All used 
catalytic converters must be tested individually to ensure they are 
still functional. The current AMCC Policy also requires reconditioners 
to retain sales and customer records.
    Installers of AMCCs have no reporting requirements. They must fill 
out a written warranty and give it to the retail customer, include a 
brief statement with each invoice stating the need for replacing the 
original converter, and tag each removed converter with a reference to 
the invoice for repair, retain the replaced (tagged) catalytic 
converters for 15 days, and retain the invoices for 6 months.
    The reporting and recordkeeping requirements for manufacturers of 
new AMCCs and sellers of reconditioned

[[Page 78784]]

catalytic converters help ensure that proper AMCCs are manufactured/ 
tested and distributed to installers and help ensure proper retail 
level installation of AMCCs. The installer requirements enable EPA to 
monitor whether correct AMCCs are installed at the retail level and 
whether AMCCs are used only in appropriate circumstances (i.e., where 
the OE catalytic converter is damaged or missing, or the vehicle is no 
longer covered under its emissions warranty).
    The information required to be maintained or reported is not 
otherwise available and is not covered under any other information 
request since it is unique to the AMCC Policy. The collection of 
information is necessary for the proper performance of the functions of 
the Agency, particularly its enforcement function. The information 
collected has practical utility. For example, neither EPA nor a 
reconditioner can determine whether a used converter is effective by 
conducting a visual inspection of the converter. As another example, 
the efficacy of new aftermarket converters for particular vehicle 
applications cannot be determined without prototype testing and 
information on specifications.
    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.
    Respondents/Affected Entities: Manufacturers, Reconditioners, and 
Installers of Aftermarket Catalytic Converters.
    Estimated Number of Respondents: 30,014.
    Frequency of Response: On Occasion.
    Estimated Total Annual Hour Burden: 220,928.
    Estimated Total Annual Cost: $7,457,469, includes $740,786 
annualized capital or O&M costs.
    Changes in the Estimates: There is an increase of 8,827 hours in 
the total estimated burden currently identified in the OMB Inventory of 
Approved ICR Burdens. This increase is due to increased volume of cars 
and the corresponding increase in the number of installations of 
aftermarket catalysts. Thus, the increase reflects an adjustment in ICR 
estimates and not a change to program requirements.

    Dated: December 17, 2008.
John Moses,
Acting Director, Collection Strategies Division.
 [FR Doc. E8-30543 Filed 12-22-08; 8:45 am]
BILLING CODE 6560-50-P