[Federal Register Volume 63, Number 52 (Wednesday, March 18, 1998)]
[Notices]
[Pages 13244-13245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7008]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5980-3]


Agency Information Collection Activities: Submission for OMB 
Review; Comment Request; Regulation of Fuels and Fuel Additives, Fuel 
Quality Regulations for Highway Diesel Fuel Sold in 1993 and Later 
Calendar Years

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 following Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval: Regulation of Fuels and Fuel 
Additives, Fuel Quality Regulations for Highway Diesel Fuel Sold in 
1993 and Later Calendar Years; OMB No. 2060-0308; expires 03/31/98. The 
ICR describes the nature of the information collection and its expected 
burden and cost; and where appropriate, it includes the actual data 
collection instrument.

DATES: Comments must be submitted on or before April 17, 1998.

FOR FURTHER INFORMATION CONTACT: For a copy of the ICR, call Sandy 
Farmer at EPA, by phone at (202) 260-2740, by E-

[[Page 13245]]

Mail at Farmer.S[email protected] or download off the Internet at 
http://www.epa.gov/icr/icr.htm, and refer to EPA ICR No. 1718.02.

SUPPLEMENTARY INFORMATION:
    Title: Regulation of Fuels and Fuel Additives, Fuel Quality 
Regulations for Highway Diesel Fuel Sold in 1993 and Later Calendar 
Years, (OMB Control No. 2060-0308; EPA ICR No. 1718.02.) expiring 3/31/
98. This is a request for an extension (with revisions to burden 
estimates) of a currently approved collection.
    Abstract: Section 211(i) of the Clean Air Act, 42 U.S.C. 
Sec. 7545(i), requires EPA to implement and enforce regulations 
regarding the diesel fuel quality requirements of the Act. The Act 
specifically provides that EPA may require that diesel fuel not 
intended for use in motor vehicles contain dye to segregate it from 
motor vehicle (highway) diesel fuel. EPA regulations promulgated 
pursuant to the Act, at 40 CFR Sec. 80.29, require that non-road diesel 
fuel contain visible evidence of red dye. The Internal Revenue Service 
(IRS) also requires that non-road diesel fuel contain red dye. The IRS 
further requires that low sulfur highway use diesel fuel sold to tax 
exempt organizations be dyed red. This latter IRS requirement resulted 
in the subject EPA recordkeeping requirement that transfers of dyed low 
sulfur (highway) diesel fuel to tax exempt entities be accompanied by 
customary business practice paperwork that includes a statement that 
the product meets EPA standards for highway use but that it is tax 
exempt fuel. The statement can be in brief code and it can be 
preprinted or automatically printed. The transferors and transferees of 
such fuel must keep the transfer documents for five years. There is no 
reporting requirement or periodic recordkeeping requirement. All 
responses are mandatory. EPA has authority to require this information 
under section 211 of the Act, 42 U.S.C. Sec. 7545, section 114 of the 
Act, 42 U.S.C. Sec. 7414 and section 208 of the Act, 42 U.S.C. 
Sec. 7542.
    Confidentiality of information obtained from parties is protected 
under 40 CFR Part 2.
    The dye requirement and the associated recordkeeping requirement, 
which is limited to a relatively small quantity of diesel fuel, greatly 
assists EPA to enforce the highway diesel fuel requirements and also 
assists parties to determine if they are receiving or transferring 
appropriate product.
    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. The 
Federal Register Notice required under 5 CFR 1320.8(d), soliciting 
comments on this collection of information was published on 11/24/97 
(62 FR 62592-62593); no comments were received and therefore the ICR 
supporting statement does not summarize comments or EPA's actions taken 
in response to comments. However, EPA did consult industry persons by 
telephone and all parties contacted indicated the paperwork requirement 
has virtually no measurable burden both because the message is 
automatically printed on customary business practice documents and 
because the parties contacted all kept the documents for at least 5 
years by normal business practice.
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 0.047 
hours per year for highway diesel fuel terminals; there is no 
measurable burden for other parties. 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; 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.
    Respondents/Affected Entities: Terminals, distributors, and tax-
exempt wholesale purchaser-consumers of highway diesel fuel.
    Estimated Number of Respondents: 1,843 highway diesel fuel 
terminals; 1,000 truck distributors of tax exempt highway diesel fuel 
(with no measurable burden); and 10,000 tax exempt wholesale purchaser-
consumers (with no measurable burden).
    Frequency of Response: diesel fuel terminals: 170 transactions per 
year with paperwork required on the occasion of the transactions.
    Estimated Total Annual Hour Burden: 87 hours.
    Estimated Total Annualized Cost Burden: $0.
    Send comments on the Agency's need for this information, the 
accuracy of the provided burden estimates, and any suggested methods 
for minimizing respondent burden, including through the use of 
automated collection techniques to the following addresses. Please 
refer to EPA ICR No. 1718.02. and OMB Control No. 2060-0308 in any 
correspondence.

Ms. Sandy Farmer, U.S. Environmental Protection Agency, OPPE Regulatory 
Information Division (2137), 401 M Street, SW, Washington, DC 20460
    and
Office of Information and Regulatory Affairs, Office of Management and 
Budget, Attention: Desk Officer for EPA, 725 17th Street, NW, 
Washington, DC 20503

    Dated: March 12, 1998.
Joseph Retzer,
Director, Regulatory Information Division.
[FR Doc. 98-7008 Filed 3-17-98; 8:45 am]
BILLING CODE 6560-50-P