[Federal Register Volume 63, Number 150 (Wednesday, August 5, 1998)]
[Notices]
[Pages 41818-41819]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-20903]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6136-5]
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 proposed and/or 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 9/30/98. 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 October 5, 1998.
ADDRESSES: U.S. Environmental Protection Agency, Office of Enforcement
and Compliance Assurance, Office of Regulatory Enforcement (2242A), 401
M Street SW, Washington, D.C. 20460. Copies of the ICR can be obtained
free of charge by contacting Ervin Pickell as provided below.
FOR FURTHER INFORMATION CONTACT: Ervin Pickell, Telephone: (303) 969-
6485; Facsimile number: (303) 969-6490; E-MAIL:
pickell.erv@epamail.epa.gov.
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 09/30/98.
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 slightly less
effective 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. 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. Sec. 7414
and section 208 of the Act, 42 U.S.C. Sec. 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
[[Page 41819]]
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 12 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: June 23, 1998.
Sylvia K. Lowrance,
Principal Deputy Assistant Administrator, Office of Enforcement and
Compliance Assurance.
[FR Doc. 98-20903 Filed 8-4-98; 8:45 am]
BILLING CODE 6560-50-P
