Agency Information Collection Activities: Submission for OMB Review; Comment Request; Enforcement Policy Regarding the Sale and Use of Aftermarket Catalytic Converters ICR

ENVIRONMENTAL PROTECTION AGENCY

[FRL-6238-3]

Agency Information Collection Activities: Submission for OMB

Review; Comment Request; Enforcement Policy Regarding the Sale and Use

of Aftermarket Catalytic Converters ICR

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: In compliance with the Paperwork Reduction Act (44 U.S.C. 3501

et seq.), this document announces that the following Information

Collection Request (ICR) has been forwarded to the Office of Management

and Budget (OMB) for review and approval: Enforcement Policy Regarding

the Sale and Use of Aftermarket Catalytic Converters; OMB No. 2060-

0135; expires 03/31/99. The ICR describes the nature of the information

collection and its expected burden and cost; and where appropriate, it

includes the actual data collection instrument.

DATES: Comments must be submitted on or before April 5, 1999.

FOR FURTHER INFORMATION CONTACT: Sandy Farmer at EPA by phone at (202)

260-2740, by E-Mail at Farmer.S[email protected] or download off the

Internet at http://www.epa.gov/icr and refer to EPA ICR No. 1292.05.

SUPPLEMENTARY INFORMATION:

Title: Enforcement Policy Regarding the Sale and Use of Aftermarket

Catalytic Converters, (OMB Control No. 2060-0135; EPA ICR No. 1292.05.)

expiring 3/31/99. This is a request for an extension of a currently

approved collection.

Abstract: Section 203(a) of the Clean Air Act (Act), 42 U.S.C.

7522(a), prohibits removing or rendering inoperative automobile

emission control devices or elements of design and prohibits the sale

or installation of any device that bypasses or renders inoperative

emission control elements of design. Prior to the issuance 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 not equivalent

to new original equipment (OE) converters violated Sec. 203 of the Act.

However, current EPA policy allows aftermarket converters to be

manufactured and installed, under the conditions that the converters

meet certain specified standards; a converter may be installed on a

vehicle only if it is the appropriate type and size for that vehicle.

The record keeping and testing requirements of the policy are needed to

ensure the quality and installation requirements are met.

New aftermarket catalytic converter manufacturers are required,

once for each converter line manufactured, to identify physical

specifications of the converter and to summarize pre-production testing

of the prototype. The manufacturer must report semi-annually the number

of each type of converter manufactured, and provide a summary of

warranty card information (or copies of the actual cards, at the

manufacturer's option). In addition, the manufacturers must keep

warranty cards for 5 years, since that is the length of the warranty

period.

A company that reconditions used converters must, one time only,

identify itself and provide information regarding its converter testing

equipment and procedures. All used converters must be individually

bench-tested, and the company must report semi-annually the identity of

its distributors and the number of reconditioned converters of each

type that are sold to the distributor.

Installers of aftermarket converters have no reporting requirements

but must keep copies of installation invoices and a record that

demonstrates that the installation was justified. Removed converters

must be tagged with identifying information and be kept for 15 days.

EPA allows the use of computerized records and pre-printed

documents.

Parties who comply with these policies are allowed to manufacture,

sell and install aftermarket catalytic converters which are not

identical to original equipment (OE) converters.

While the program is voluntary in that converter manufacturers

could instead manufacture or install certified OE-equivalent

converters, for companies choosing to manufacture converters meeting

the less stringent requirements of the policy, all responses are

mandatory. EPA has authority to require this information under section

203 of the Act, 42 U.S.C. 7522, section 114 of the Act, 42 U.S.C. 7414

and section 208 of the Act, 42 U.S.C. 7542. Confidentiality of

information obtained from parties is protected under 40 CFR part 2.

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

[[Page 10661]]

15. The Federal Register document required under 5 CFR 1320.8(d),

soliciting comments on this collection of information was published on

August 5, 1998 (63 FR 41818); no comments were received.

Burden Statement: The annual public reporting and record keeping

burden for this collection of information for new aftermarket catalytic

converter manufacturers is estimated to average 4 hours per year

(combined average). 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.

Respondents/Affected Entities: Aftermarket catalytic converter

manufacturers and re-conditioners and aftermarket converter installers.

Estimated Number of Respondents: 12 new aftermarket catalytic

converter manufacturers, 8 used catalytic converter re-conditioners and

17,000 aftermarket converter installers.

Frequency of Response: 3 reports per year for new aftermarket

converter manufacturers and one prototype testing event per year; 2

reports per year for used aftermarket conditioners and 8,900 tests of

individual converters; installers average 118 recordkeeping activities

each year on a per sales transaction basis, with no reporting.

Estimated Total Annual Hour Burden: 65,788 hours, including startup

hours.

Estimated Total Annualized Cost Burden: $756,444, including

annualized startup costs.

Send comments on the Agency's need for this information, the

accuracy of the provided burden estimates, and any suggested methods

for minimizing respondent burden, including through the use of

automated collection techniques to the following addresses. Please

refer to EPA ICR No. 1292.05 and OMB Control No. 2060-0135 in any

correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, Office of

Policy, Regulatory Information Division (2137), 401 M Street, SW,

Washington, DC 20460;

and

Office of Information and Regulatory Affairs, Office of Management and

Budget, Attention: Desk Officer for EPA, 725 17th Street, NW.,

Washington, DC 20503.

Dated: February 26, 1999.

Richard T. Westlund,

Acting Director, Regulatory Information Division.

[FR Doc. 99-5492 Filed 3-4-99; 8:45 am]

BILLING CODE 6560-50-P