[Federal Register Volume 71, Number 84 (Tuesday, May 2, 2006)]
[Notices]
[Pages 25840-25841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4112]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-8164-2]


Platinum GaSaver; Final Cancellation Order for a Fuel Additive 
Registration for Failure to Submit Test Data

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final Cancellation Order for a Fuel Additive Registration.

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SUMMARY: The regulations for Registration of Fuels and Fuel Additives, 
were promulgated under the authority of sections 211(a), (b) and (e) of 
the Clean Air Act, as amended. These regulations require the 
registration by EPA of certain motor-vehicle fuels and fuel additives. 
In certain cases, the manufacturer of a registered product is required 
to conduct research and submit various health-effects data to EPA 
within prescribed time frames. Under section 211(e) of the Clean Air 
Act, EPA may cancel the registration of any fuel or fuel additive for 
which the registrant has failed to submit the applicable test reports 
within the prescribed period. Administrative procedures are afforded 
and EPA may not cancel the registration for an existing fuel or 
additive without affording the registrant/manufacturer notice, 
opportunity to submit the requisite test data, and opportunity for a 
hearing. This order cancels the registration of the Platinum GaSaver 
fuel additive for nonsubmittal of applicable test data.

DATES: This final cancellation order is effective May 8, 2006.

FOR FURTHER INFORMATION CONTACT: James W. Caldwell, Office of 
Transportation and Air Quality, Mail Code 6406J, Environmental 
Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; 
telephone number: (202) 343-9303; fax number: (202) 343-2801; e-mail 
address: [email protected]

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does This Action Apply To Me?

    The National Fuelsaver Corporation, the manufacturer and an EPA 
registrant of the fuel additive known as Platinum GaSaver, may be 
potentially affected by this notice. This action is also directed to 
the public in general. Although this action may be of particular 
interest to persons who manufacture and use various fuel additives, the 
EPA has not attempted to describe all the specific entities that may be 
affected by this action.

B. How Can I Get Copies of This Document or Other Related Information?

    1. This information is available from the person in the FOR FURTHER 
INFORMATION CONTACT section above.
    2. Electronically.
    You may obtain electronic copies of this Federal Register document 
electronically from the EPA Internet Home page under the Federal 
Register listings at http://www.epa.gov/fedrgstr/.

II. What Action Is the Agency Taking?

    Section 211(a) of the Clean Air Act (CAA or Act), authorizes the 
Administrator of the Environmental Protection Agency (EPA or Agency), 
to designate and require the registration of fuels and fuel additives 
(F/FAs) prior to sale or introduction into commerce. The EPA has 
designated gasoline and diesel F/FAs used in motor vehicles or motor 
vehicle engines for registration prior to sale or introduction into 
commerce. (See 40 CFR part 79 (1974).) Section 211(e)(1) mandates that 
EPA promulgate regulations requiring manufacturers of F/FAs ``to 
conduct tests to determine potential public health effects of such F/
FAs,'' and to furnish other ``reasonable and necessary'' information 
that identifies F/FAs emissions, and their effects on public health and 
welfare and vehicular emission control performance, as required by 
section 211(b)(2). Health effects tests are to be conducted according 
to procedures and protocols established by the Administrator. Further, 
section 211(e)(2) establishes a time limit by which manufacturers must 
comply with such test requirements. Additionally, under section 
211(e)(3), EPA may exempt or make special exceptions for small 
businesses.
    In 1994, EPA promulgated regulations implementing sections 
211(b)(2) and (e), which established additional registration 
requirements to those promulgated in 1974. (See 40 CFR part 79 (1994).) 
These regulations require certain manufacturers of F/FAs,as part of 
their registration responsibilities, to conduct health-effects tests on 
their products, and submit the information to EPA within certain 
prescribed time periods. Test requirements are organized into three 
tiers known as Tier 1, 2 and 3. Tier 1 requires analysis of the 
combustion and evaporative emissions of F/FAs and a survey of existing 
scientific information on the public health and welfare effects of 
these emissions. Tier 2 requires manufacturers to conduct specified 
toxicology tests to screen for potential adverse health effects of the 
F/FAs' emissions. Additional testing may be required under Tier 3 at 
EPA's discretion. With regard to those F/FAs registered at the time of 
promulgation of the regulations, the requisite Tier 1 and Tier 2 
information was required to be submitted by May 27, 1997 and May 27, 
2000, respectively. (See 40 CFR 79.51(c)(1).) With regard to all new F/
FAs, i.e., F/FAs not registered at the time of our promulgation of the 
regulations and F/FAs that cannot be enrolled in the same testing group 
as F/FAs that were already registered, the applicable public health-
effects testing data were to be submitted prior to registration. (See 
40 CFR 79.51(c)(2) and (c)(3).)
    The rule also makes special provisions for small manufacturers of 
F/FAs as determined by certain financial factors, and grants them 
exemptions from certain test requirements. (See 40 CFR 79.58(d).) Small 
F/FAs manufacturers of F/FAs are manufacturers with either total annual 
sales of less than $50 million for baseline/non-baseline F/FAs or total 
annual sales of less than $10 million for atypical F/FAs. (See 40 CFR 
79.58(d).) Small manufacturers of baseline/non-baseline F/FAs are 
exempt from both Tier 1 and 2 requirements, while small manufacturers 
of atypical F/FAs are required to comply with the basic registration 
and Tier 1 requirements, but are otherwise exempt from Tier 2 test 
requirements. (See 40 CFR 79.58(2) and (3).) Small manufacturers must 
submit the applicable test data to EPA within the prescribed period 
described above.
    Additionally, the rule allows for the cancellation of any F/FA 
registration upon the Administrator's determination of failure to 
timely submit the requisite test data by a manufacturer. (See 40 CFR 
79.51(f)(6).) In general, the Agency must issue a notice of intent to 
cancel that affords such a manufacturer an opportunity to comply with 
the applicable requirement, submit written comments, or request a 
hearing on the notice of intent to cancel.
    On February 23, 1990 the Agency registered Platinum GaSaver, an 
atypical fuel additive manufactured by the National Fuelsaver 
Corporation. On May 27, 1997 the Tier 1 health-effects testing report 
(Tier 1 Report) for Platinum GaSaver became due. (See 40 CFR 
79.51(c)(1)(vi)(A).) On December 2, 2004

[[Page 25841]]

EPA notified the National Fuelsaver Corporation of its obligation to 
submit the Tier 1 report. On August 1, 2005 the Agency issued a notice 
of intent to cancel the registration of Platinum GaSaver to the 
National Fuelsaver Corporation, along with instructions for responding 
(Notice). The Notice stated that the Tier 1 report was necessary in 
order for the National Fuelsaver Corporation to maintain the 
registration of Platinum GaSaver. The Notice also provided 60 days from 
its receipt to submit written comments and/or the Tier 1 report, or to 
request an informal hearing.
    The National Fuelsaver Corporation objected to the Notice, in a 
response dated September 19, 2005, and reiterated its posture that 
Platinum GaSaver is not a fuel additive under 40 CFR part 79. The 
National Fuelsaver Corporation further maintained that the registration 
of Platinum GaSaver was based on its fulfilment of the terms and 
conditions of various correspondence between the Agency and its 
attorney in 1989, instead of the requirements under 40 CFR part 79. 
Additionally, the National Fuelsaver Corporation maintained that none 
of the terms and conditions of these letters allowed for cancellation 
of the registration for Platinum GaSaver.
    While the EPA accepted submission of the registration documentation 
by the National Fuelsaver Corporation on the condition that their 
submission would not constitute an admission by the National Fuelsaver 
Corporation that Platinum GaSaver is a fuel additive, as contemplated 
by 40 CFR part 79, there is nothing, in either the referenced letters, 
or elsewhere, indicating that EPA either waived or limited its 
authority under 40 CFR part 79. Similarly, there is also nothing in 
either these letters, or elsewhere, indicating that EPA either waived 
or limited the National Fuelsaver Corporation's obligations under 40 
CFR part 79.
    The Agency registered Platinum GaSaver as a fuel additive under 
sections 211(a), (b) and (e) of the Act, and the applicable 
requirements that are set forth at 40 CFR part 79. The National 
Fuelsaver Corporation was required to submit a Tier 1 Report for 
Platinum GaSaver by May 27, 1997 as a condition for maintaining this 
registration. To date the National Fuelsaver Corporation has yet to 
comply with this requirement.
    This is a final cancellation order of the Agency's registration of 
Platinum GaSaver. A copy of this order has been sent to the National 
Fuelsaver Corporation through certified mail in the past several days. 
The cancellation order will become effective five days after 
publication in the Federal Register.

III. Description of a Fuel Additive Registration Canceled for 
Nonsubmittal of a Tier 1 Test Report by May 27, 1997

     Product Name: Platinum GaSaver (also know as the Pollution 
Cleaner, and also known as the Platinum Vapor Injector).
    Manufacturer: National Fuelsaver Corporation, 227 California 
Street, Newton, MA 02458-1047.

List of Subjects

    Environmental protection, Fuels, Fuels additives, Registration, 
Reporting requirements.

    Dated: April 24, 2006.
Margo Tsirigotis Oge,
Director, Office of Transportation and Air Quality.
[FR Doc. 06-4112 Filed 5-1-06; 8:45 am]
BILLING CODE 6560-50-P