Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices 56817 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an ‘‘eSubscription’’ link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(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 

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: 

• http://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 http:// 

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 http:// 

www.regulations.gov or e-mail. The 

http://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 http:// 

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 http:// 

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 http:// 

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 http://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. 


ebenthall on PROD1PC60 with NOTICES
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. 

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. 


ebenthall on PROD1PC60 with NOTICES
Federal Register / Vol. 73, No. 190 / Tuesday, September 30, 2008 / Notices 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 

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 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

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 

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 

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. 

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 http:// 

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 

electronically through the Internet 

under the ‘‘Federal Register’’ listings at 

http://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 


ebenthall on PROD1PC60 with NOTICES