[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Rules and Regulations]
[Pages 23362-23363]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-10108]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 9 and 80

[FRL-5811-6]


OMB Approval Number Under the Paperwork Reduction Act; Regulation 
of Fuels and Fuel Additives, Gasoline Deposit Control Additive 
Regulation

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA), this 
document announces that the Information Collection Requirements (ICR) 
contained in the Certification Standards for Deposit Control Gasoline 
Additives Final Rule (Detergent Certification Final Rule) as published 
in the Federal Register on July 5, 1996, (61 FR 35310), which were not 
previously approved under Office of Management and Budget (OMB) control 
number 2060-0275, have been approved by OMB. This document also 
announces the prior approval by OMB under control number 2060-0275 of 
other ICR contained in the Detergent Certification Final Rule. The ICR 
in the affected sections of the regulation are effective April 30, 
1997. This rule also amends the OMB approval table to list the OMB 
control number issued under the Paperwork Reduction Act (PRA) for the 
affected sections.

EFFECTIVE DATE: The ICR requirements in the Detergent Certification 
Final Rule, which are found in 40 CFR 80.157(f)(5), 80.160(b)(2), 
80.164, 80.170, and 80.173, and the amendments to 40 CFR Part 9, are 
effective April 30, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey A. Herzog, U.S. EPA, 
Office of Mobile Sources, Fuels and Energy Division, National Vehicle 
and Fuels Emission Laboratory, 2565 Plymouth Road, Ann Arbor, Michigan, 
48105. Telephone: (313) 668-4227, FAX: (313) 741-7869.

SUPPLEMENTARY INFORMATION: EPA is today amending the table of currently 
approved ICR control numbers issued by OMB. Today's amendment updates 
the table to accurately display those information requirements not 
previously approved and those that had been approved but whose approval 
had not been previously announced, which were promulgated under the 
Certification Standards for Deposit Control Gasoline Additives Final 
Rule published in the Federal Register on July 5, 1996 (61 FR 
35309).1 The affected regulations are codified at 40 CFR 
Part 80, Subpart G. EPA will continue to present OMB control numbers in 
a consolidated table format to be codified in 40 CFR Part 9 of the 
Agency's regulations, and in each CFR volume containing EPA 
regulations. The table lists the section numbers with reporting and 
recordkeeping requirements, and the current OMB control numbers. This 
display of the OMB control number and its subsequent codification in 
the Code of Federal Regulations satisfies the requirements of the 
Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and OMB's implementing 
regulations at 5 CFR 1320. The information collection requirements 
which are made effective by this notice under OMB control number 2060-
0275 were contained in Information Collection Request number 1655-03 
and are found in 40 CFR 80.157(f)(5), 80.160(b)(2), 80.164, 80.170, and 
80.173. The information collection requirements which had previously 
become effective under OMB control number 2060-0275, but whose 
implementation had been delayed until compliance with the Detergent 
Certification Program becomes mandatory,2 were contained in 
Information Collection Request number 1655-01 and are found in 40 CFR 
80.161, 80.162, 80.163(d)(3), 80.165, 80.166, 80.167(d), and 80.171. 
All of these information collection requirements can be found in the 
amendments to 40 CFR Part 9.
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    \1\ The approval by OMB of the information collection 
requirements found in 40 CFR 80.157(f)(5), and 80.160(b)(2) 
announced in this notice did not in itself necessitate an amendment 
to the OMB approval table in 40 CFR Part 9, since this table already 
appropriately reflected that the ICR found in 80.157 and 80.160 have 
been approved by OMB under OMB control number 2060-0275. The OMB 
approval table in 40 CFR Part 9 had previously been amended (60 FR 
20232, April 25, 1995) to show that the ICR contained in the Interim 
Requirements for Gasoline Deposit Control Additives Final Rule found 
in 80.157 and 80.160 had been approved by OMB.
    \2\ Compliance with the requirements of the detergent 
certification program becomes mandatory July 1, 1997 for detergent 
blenders and other parties upstream in the gasoline and detergent 
distribution system. Compliance for gasoline retailers becomes 
mandatory on August 1, 1997 (40 CFR 80.161(a)).
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    These ICR were previously subject to public notice and comment 
prior to OMB approval. As a result, EPA finds that there is ``good 
cause'' under section 553(b)(B) of the Administrative Procedure Act (5 
U.S.C. 553(b)(B)) to amend this table without prior notice and comment. 
Due to the technical nature of the table, further notice and comment is 
unnecessary.
    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is

[[Page 23363]]

not a ``significant regulatory action'' and, is therefore not subject 
to review by the Office of Management and Budget. In addition, this 
action does not impose any enforceable duty or contain any unfunded 
mandate as described in the Unfunded Mandates Reform Act of 1995 (Pub. 
L. 104-4). Because this action is not subject to notice-and-comment 
requirements under the Administrative Procedure Act or any other 
statute, it is not subject to the provisions of the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.).
    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives and the Comptroller General of the 
General Accounting Office prior to publication of this rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 80

    Environmental protection, Fuel additives, Gasoline, Imports, 
Labeling, Motor vehicle pollution, Penalties, Reporting and 
recordkeeping requirements.

    Dated: April 7, 1997.
Mary D. Nichols,
Assistant Administrator, Office of Air and Radiation.

    For the reasons set forth in the preamble, 40 CFR Chapter I is 
amended as follows:

PART 9--[AMENDED]

    1. The authority citation for part 9 continues to read as follows:

    Authority: 7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001, 2003, 
2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C. 9701; 33 
U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326, 1330, 
1342, 1344, 1345 (d) and (e), 1361; E.O. 11735, 38 FR 21243, 3 CFR, 
1971-1975 Comp., p. 973; 42 U.S.C. 241, 242b, 243, 246, 300f, 300g, 
300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1, 300j-2, 
300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-7671q, 7542, 
9601-9657, 11023, 11048.

    2. The table in Sec. 9.1 is amended by adding the new entries in 
numerical order under the indicated heading to read as follows:


Sec. 9.1  OMB approvals under the Paperwork Reduction Act.

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                                                             OMB control
                      40 CFR citation                            No.    
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                 Regulation of Fuels and Fuel Additives                 
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                  *        *        *        *        *                 
80.161.....................................................    2060-0275
80.162.....................................................    2060-0275
80.163(d)(3)...............................................    2060-0275
80.164.....................................................    2060-0275
80.165.....................................................    2060-0275
80.166.....................................................    2060-0275
80.167(d)..................................................    2060-0275
80.170.....................................................    2060-0275
80.171.....................................................    2060-0275
80.173.....................................................    2060-0275
                                                                        
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[FR Doc. 97-10108 Filed 4-29-97; 8:45 am]
BILLING CODE 6560-50-P