[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21896]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5066-3]

 

Agency Information Collection Activities Under OMB Review

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 the Information Collection Request 
(ICR) abstracted below has been forwarded to the Office of Management 
and Budget (OMB) for review and comment. The ICR describes the nature 
of the record keeping requirements and its expected cost and burden. 
Where appropriate, it includes the provisions required to meet the 
record keeping and retention requirements.

DATES: Comments must be submitted on or before October 6, 1994.

FOR FURTHER INFORMATION CONTACT: For further information, or a copy of 
this ICR, contact Sandy Farmer at (202) 260-2740.

SUPPLEMENTARY INFORMATION:

Office of Air and Radiation

    Title: Diesel Fuel Quality Regulation Transfer Document Record 
Keeping Requirement (EPA ICR No. 1718.01). This ICR requests approval 
of a new collection.
    Abstract: On July 14, 1994 a revision to the Regulations of Fuels 
and Fuel Additives for Highway Diesel Fuel was published in the Federal 
Register (59 FR 35854). The interim final rule continues to regulate 
on-highway diesel fuel, as published in the Federal Register on August 
21, 1990 (54 FR 35276), by requiring that the fuel meet sulfur content 
standards, as well as standards for cetane index or in the alternative 
for aromatic content. This revision, which goes into effect on October 
1, 1994, changes the language regarding the fuel dye color from blue to 
red. The revision requires that the fuel be free of visible evidence of 
the dye Solvent Red 164 except as provided for tax exempt use in 
accordance with section 4082 of the Internal Revenue Code. There will 
be a small portion of diesel fuel for use in motor vehicles that is 
both tax-exempt, requiring it to be dyed red, and is also required to 
meet the on highway low sulfur diesel fuel requirements, requiring it 
to be free of the visible evidence of the red dye. This overlap was 
addressed in EPA's July 14, 1994 revision to the fuel quality standards 
by allowing the tax-exempt low sulfur fuel to contain visible evidence 
of the red dye provided that the fuel meets the fuel quality standards 
and the shipments are accompanied by transfer documents indicating that 
the fuel is for tax-exempt use only and meets the EPA diesel fuel 
quality standards.
    Product transfer documents are common standard industry papers that 
are produced by the transferor and accompany each shipment to the 
transferee. This regulation will require the transferor of the fuel to 
provide the transferee with documents to accompany each shipment of low 
sulfur fuel that has been dyed red. The documents are required to 
contain language, or other such indication, verifying that the red dyed 
fuel meets the applicable fuel quality standards and is for tax-exempt 
use. Copies of the documents must be retained in the possession of the 
transferor and the transferee (shipment recipient) for a period of five 
years after the date of transfer. EPA will only request documentation 
from the affected parties during inspections or other enforcement 
activities. EPA does not require that these documents be routinely sent 
to the Agency for collection and review. EPA will use the documents to 
assist in enforcement of the regulations. The documentation will assist 
the agency in ascertaining how to proceed when violations are found and 
what party may be liable for enforcement action.
    In summary, any party, including but not limited to, refiners, 
importers, distributors, resellers, carriers, retailers, or wholesale 
purchaser consumers that use, or are the transferor or transferee of 
tax-exempt red dyed diesel fuel for use in on-highway vehicles, must 
provide documents verifying that the fuel meets the applicable fuel 
quality standards.
    Burden Statement: The public reporting burden for this recording 
requirement is estimated to average .02 hours per occurrence, including 
time for reviewing the required document, and filing and retaining the 
required documents.
    Estimated Number of Respondents: 4366.
    Estimated Number of Responses per Respondent: 1.
    Estimated Total Annual Burden on Respondents: 100 hours.
    Frequency of Collection: The documents will not be routinely 
collected by the Agency. The documents must be retained by the 
transferor and the transferee for a period of five years after the date 
of transfer and must be made available to the Administrator or an 
Agency official upon request.
    Send comments regarding the burden estimate, or any other aspect of 
this information collection, including suggestions for reducing the 
burden, to:

Sandy Farmer, U.S. Environmental Protection Agency, Information Policy 
Branch (2136), 401 M Street, SW., Washington, DC 20460.

and

Troy Hillier, Office of Management and Budget, Office of Information 
and Regulatory Affairs, 725 17th Street, NW., Washington, DC 20530.

    Dated: August 29, 1994.
Rick Westlund,
Acting Director, Regulatory Management Division.
[FR Doc. 94-21896 Filed 9-2-94; 8:45 am]
BILLING CODE 6560-50-F