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Federal Register / Vol. 70, No.

168 / Wednesday, August 31, 2005 / Notices 51783

Dated: August 25, 2005. (303) 236–9514, E-Mail: Title: Enforcement Policy Regarding
Oscar Morales, mclaughlin.jackj@epa.gov. the Sale and Use of Aftermarket
Director, Collection Strategies Division. SUPPLEMENTARY INFORMATION: EPA has Catalytic Converters (Renewal)
[FR Doc. 05–17363 Filed 8–30–05; 8:45 am] submitted the following ICR to OMB for Abstract: Section (a)(3) of the Clean
BILLING CODE 6560–50–P review and approval according to the Air Act (Act) prohibits removing or
rendering inoperative automobile
procedures prescribed in 5 CFR 1320.12.
emission control devices or elements of
On May 31, 2005 (70 FR 30941–30943),
ENVIRONMENTAL PROTECTION design. But for the adoption of the
EPA sought comments on this ICR
AGENCY aftermarket catalytic converter
pursuant to 5 CFR 1320.8(d). EPA
enforcement policy (51 FR 28814–
received no comments on this notice.
[OECA–2005–0052; FRL–7963–5] EPA has established a public docket 28819, 28133 (August 5, 1986); 52 FR
for this ICR under Docket ID No. OECA– 42114 (November 3, 1987) ), 67 FR 319
Agency Information Collection (January 3, 2002) the manufacture, sale
Activities; Submission to OMB for 2005–0052, which is available for public
or installation of aftermarket catalytic
Review and Approval; Comment viewing at the Enforcement and
converters (catalysts) not equivalent to
Request; Enforcement Policy Compliance Docket and Information
new original equipment (OE) catalysts
Regarding the Sale and Use of Center in the EPA Docket Center (EPA/
would constitute a violation of the Act.
Aftermarket Catalytic Converters DC), EPA West, Room B102, 1301
However, because replacement OE
(Renewal), EPA ICR Number 1292.07, Constitution Avenue, NW., Washington,
catalysts are expensive, many
OMB Control Number 2060–0135 DC. The EPA Docket Center Public
consumers had elected to not replace
Reading Room is open from 8:30 a.m. to
catalysts that malfunctioned subsequent
AGENCY: Environmental Protection 4:30 p.m., Monday through Friday,
to the expiration of the emissions
Agency (EPA). excluding legal holidays. The telephone warranty on their vehicles. The Agency
ACTION: Notice. number for the Reading Room is (202) believes that allowing the installation of
566–1744, and the telephone number for aftermarket catalysts on older vehicles
SUMMARY: In compliance with the the Enforcement and Compliance can be environmentally beneficial if the
Paperwork Reduction Act (44 U.S.C. Docket and Information Center is (202) Agency can be assured that the
3501 et seq.), this document announces 566–1752. An electronic version of the aftermarket catalysts meet certain
that an Information Collection Request public docket is available through EPA standards and if installers are
(ICR) has been forwarded to the Office Dockets (EDOCKET) at http:// accountable to select the proper
of Management and Budget (OMB) for www.epa.gov/edocket. Use EDOCKET to aftermarket catalyst for each vehicle
review and approval. This is a request submit or view public comments, access application. Manufacturers of new
to renew an existing approved the index listing of the contents of the aftermarket catalysts are required on a
collection. This ICR is scheduled to public docket, and to access those one time basis, for each catalyst line
expire on August 31, 2005. Under OMB documents in the public docket that are manufactured, to identify the catalyst
regulations, the Agency may continue to available electronically. Once in the physical specifications and summarize
conduct or sponsor the collection of system, select ‘‘search,’’ then key in the pre-production testing of the prototype.
information while this submission is docket ID number identified above. Previously, manufacturers were
pending at OMB. This ICR describes the Any comments related to this ICR required to submit semi-annual reports
nature of the information collection and should be submitted to EPA and OMB to EPA of the number of each type of
its estimated burden and cost. within 30 days of this notice. EPA’s catalytic converter manufactured and a
DATES: Additional comments may be policy is that public comments, whether summary (or copies at manufacturer’s
submitted on or before September 30, submitted electronically or in paper, option) of warranty card information.
2005. will be made available for public These requirements are both
viewing in EDOCKET as EPA receives discontinued. The information would
ADDRESSES: Submit your comments, them and without change, unless the
referencing docket ID number OECA– still have to be retained for 5 years, and
comment contains copyrighted material, would be subject to EPA inspection. A
2005–0052, to (1) EPA online using confidential business information (CBI),
EDOCKET (our preferred method), by e- technical change is being made to
or other information whose public clarify the existing requirement that
mail to docket.oeca@epa.gov, or by mail disclosure is restricted by statute. When
to: Environmental Protection Agency, converters be labeled, specifically that
EPA identifies a comment containing information affixed to the converters
EPA Docket Center (EPA/DC), copyrighted material, EPA will provide
Enforcement and Compliance Docket appears on the underside so that it can
a reference to that material in the be seen after the converter is installed.
and Information Center, Mail Code version of the comment that is placed in Reconditioners of used catalysts must,
2201T, 1200 Pennsylvania Avenue, EDOCKET. The entire printed comment, on a one-time basis, identify themselves
NW., Washington, DC 20460, and (2) including the copyrighted material, will and provide information regarding their
OMB at: Office of Information and be available in the public docket. converter testing equipment and
Regulatory Affairs, Office of Although identified as an item in the procedures followed when testing used
Management and Budget (OMB), official docket, information claimed as catalysts. All used catalytic converters
Attention: Desk Officer for EPA, 725 CBI, or whose disclosure is otherwise must be individually bench-tested. The
17th Street, NW., Washington, DC restricted by statute, is not included in requirement to submit semi-annual
20503. the official public docket, and will not reports to EPA disclosing the identity of
FOR FURTHER INFORMATION CONTACT: Jack be available for public viewing in persons who distribute the
McLaughlin, Office of Mobile Sources, EDOCKET. For further information reconditioned catalysts and the number
Office of Enforcement and Compliance, about the electronic docket, see EPA’s of reconditioned catalysts of each type
U.S. EPA Western Field Office, 12345 Federal Register notice describing the that are sold to each distributor is
West Alamdea Parkway, Suite #214, electronic docket at 67 FR 38102 (May discontinued.
Lakewood, CO 80228; Telephone 31, 2002), or go to http://www.epa.gov/ Companies that install aftermarket
number: (303) 236–9513, Fax number: edocket. catalysts have no reporting requirements

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51784 Federal Register / Vol. 70, No. 168 / Wednesday, August 31, 2005 / Notices

but must keep copies of installation information; search data sources; review and approval. This is a request
invoices and records for 6 months that complete and review the collection of to renew an existing approved
show the reason an aftermarket catalyst information; and transmit or otherwise collection. This ICR is scheduled to
installation was permissible. A disclose the information. expire on September 30, 2005. Under
technical change is made to note that Respondents/Affected Entities: OMB regulations, the Agency may
the warranty period for the Original Manufacturers, reconditioners, and continue to conduct or sponsor the
Equipment Manufacturer (OEM) installers of aftermarket and/or collection of information while this
converter originally installed on the reconditioned automotive catalytic submission is pending at OMB. This ICR
vehicle is 8 years/80,000 miles starting converters. describes the nature of the information
with the 1995 model year. Therefore, Estimated Number of Respondents: collection and its estimated burden and
aftermarket or reconditioned converters 30,014. cost.
generally cannot be installed on such Frequency of Response: On occasion. DATES: Additional comments may be
vehicles until the vehicles are at least 8 Estimated Total Annual Hour Burden: submitted on or before September 30,
(eight) years old, or have accumulated 212,101 hours. 2005.
80,000 miles of service life. Removed Estimated Total Annual Cost: ADDRESSES: Submit your comments,
catalysts must be tagged with $8,725,189, which includes $285,824 referencing docket ID number OECA–
identifying information and be retained annualized capital/startup costs, 2004–0043, to (1) EPA online using
for 15 days. EPA allows the use of pre- $390,064 annual O&M costs, and EDOCKET (our preferred method), by e-
printed documents or computer $8,049,201 annual labor costs. mail to docket.oeca@epa.gov, or by mail
generated documents. All the record Changes in the Estimates: There is an to: EPA Docket Center, Environmental
keeping under the policy is authorized increase of 100,793 hours in the total Protection Agency, Enforcement and
by section 114 of the Act, 42 U.S.C. estimated burden currently identified in Compliance Docket and Information
7414 and section 208 of the Act, 42 the OMB Inventory of Approved ICR Center, Mail Code 2201T, 1200
U.S.C. 7542 and is a mandatory Burdens. The increase is due to an error Pennsylvania Avenue, NW.,
condition for participation in this in calculations in the previous ICR, and Washington, DC 20460, and (2) OMB at:
voluntary alternative program to not an actual increase in respondent Office of Information and Regulatory
manufacturing catalytic converters burden hours. A combination of errors Affairs, Office of Management and
equivalent to OE. Not complying with in calculations in the previous ICR (67 Budget (OMB), Attention: Desk Officer
the record keeping and remaining FR 319–320, Jan. 3, 2002) led to the for EPA, 725 17th Street, NW.,
reporting requirements would violate annual burden hours for installers being Washington, DC 20503.
section 203(a)(3) of the Act, 42 U.S.C. represented as 3.5 hours/year, rather FOR FURTHER INFORMATION CONTACT:
7522(a)(3). Parties who comply with than 7 hours/year. Spread over 30,000
these policies are allowed to install Gregory Fried, Compliance Assessment
installer respondents this led to a and Media Programs Division, Office of
aftermarket catalysts instead of OE shortfall of 104,000 burden hours. This
catalytic converters. Confidentiality Compliance, 2223A, Environmental
figure has been correctly calculated in Protection Agency, 1200 Pennsylvania
provisions are found at 40 CFR part 2. this ICR renewal. There is, therefore, no
These requirements have been in effect Avenue, NW., Washington, DC 20460;
increase in burden hours to the telephone number: (202) 564–7016; fax
for over 19 years. Startup costs have industry, rather the correction of a
been completed. number: (202) 564–0050; e-mail address:
previous error which accounts for the fried.gregory@epa.gov.
An agency may not conduct or higher burden hour numbers.
sponsor, and a person is not required to SUPPLEMENTARY INFORMATION: EPA has
respond to, a collection of information Dated: August 25, 2005. submitted the following ICR to OMB for
unless it displays a currently valid OMB Oscar Morales, review and approval according to the
control number. The OMB control Director, Collection Strategies Division. procedures prescribed in 5 CFR 1320.12.
numbers for EPA’s regulations in 40 [FR Doc. 05–17366 Filed 8–30–05; 8:45 am] On December 1, 2004, (69 FR 69909)
CFR are listed in 40 CFR part 9 and are BILLING CODE 6560–50–P
EPA sought comments on this ICR
identified on the form and/or pursuant to 5 CFR 1320.8(d). EPA
instrument, if applicable. received no comments.
Burden Statement: The annual public ENVIRONMENTAL PROTECTION EPA has established a public docket
reporting and recordkeeping burden for AGENCY for this ICR under Docket ID Number
this collection of information is OECA–2004–0043, which is available
[OECA–2004–0043; FRL–7955–5] for public viewing at the Enforcement
estimated to average 7 hours per
response for the three categories of and Compliance Docket and Information
Agency Information Collection
respondent. Burden means the total Center in the EPA Docket Center (EPA/
Activities; Submission for OMB Review
time, effort, or financial resources DC), EPA West, Room B102, 1301
and Approval; Comment Request;
expended by persons to generate, Constitution Avenue, NW., Washington,
NSPS for Metallic Mineral Processing
maintain, retain, or disclose or provide DC. The EPA Docket Center Public
Plants (Renewal), ICR Number 0982.08,
information to or for a Federal agency. Reading Room is open from 8:30 a.m. to
OMB Number 2060–0016
This includes the time needed to review 4:30 p.m., Monday through Friday,
instructions; develop, acquire, install, AGENCY: Environmental Protection excluding legal holidays. The telephone
and utilize technology and systems for Agency (EPA). number for the Reading Room is (202)
the purposes of collecting, validating, ACTION: Notice. 566–1744, and the telephone number for
and verifying information, processing the Enforcement and Compliance
and maintaining information, and SUMMARY: In compliance with the Docket and Information Center Docket
disclosing and providing information; Paperwork Reduction Act, this is: (202) 566–1752. An electronic
adjust the existing ways to comply with document announces that an version of the public docket is available
any previously applicable instructions Information Collection Request (ICR) through EPA Dockets (EDOCKET) at
and requirements; train personnel to be has been forwarded to the Office of http://www.epa.gov/edocket. Use
able to respond to a collection of Management and Budget (OMB) for EDOCKET to submit or view public

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