[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] ======================================================================= ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. --------------------------------------------------------------------------- \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)). --------------------------------------------------------------------------- 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. * * * * * ------------------------------------------------------------------------ OMB control 40 CFR citation No. ------------------------------------------------------------------------ * * * * * ------------------------------------------------------------------------ Regulation of Fuels and Fuel Additives ------------------------------------------------------------------------ * * * * * 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 * * * * * ------------------------------------------------------------------------ [FR Doc. 97-10108 Filed 4-29-97; 8:45 am] BILLING CODE 6560-50-P