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[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Notices]
[Pages 81267-81268]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32460]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-1158; FRL-9244-3]

Agency Information Collection Activities; Submission to OMB for 
Review and Approval; Comment Request; Alternative Affirmative Defense 
Requirements for Ultra-low Sulfur Diesel (Renewal); EPA ICR Renewal No. 
2364.03, OMB Control No. 2060-0639

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In compliance with the Paperwork Reduction Act (PRA) (44 
U.S.C. 3501 et seq.), this document announces that an Information 
Collection Request (ICR) has been forwarded to the Office of Management 
and Budget (OMB) for review and approval. This is a request to renew an 
existing approved collection. The ICR, which is abstracted below, 
describes the nature of the information collection and its estimated 
burden and cost.

DATES: Additional comments may be submitted on or before January 26, 
2011.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2007-1158, to (1) EPA online using http://www.regulations.gov (our 
preferred method), by e-mail to a-and-r-Docket@epa.gov, or by mail to: 
EPA Docket Center, Environmental Protection Agency, Air Docket, Mail 
Code 28221T, 1200 Pennsylvania Ave., NW., Washington, DC 20460, and (2) 
OMB by mail to: Office of Information and Regulatory Affairs, Office of 
Management and Budget (OMB), Attention: Desk Officer for EPA, 725 17th 
Street, NW., Washington, DC 20503.

FOR FURTHER INFORMATION CONTACT: Geanetta Heard, Office of 
Transportation and Air Quality (6406J), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone 
number: 202-343-9017; fax number: 202-343-2801; e-mail address: 
heard.geanetta@epa.gov.

SUPPLEMENTARY INFORMATION: EPA has submitted the following ICR to OMB 
for review and approval according to the procedures prescribed in 5 CFR 
1320.12. On October 14, 2010 (75 FR 63175), EPA sought comments on this 
ICR pursuant to 5 CFR 1320.8(d). EPA received no comments. Any 
additional comments on this ICR should be submitted to EPA and OMB 
within 30 days of this notice.
    EPA has established a public docket for this ICR under Docket ID 
No. EPA-HQ-OAR-2007-1158, which is available for online viewing at 
http://www.regulations.gov, or in person viewing at the Air Docket in 
the EPA Docket Center (EPA/DC), EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC. The EPA/DC Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Reading Room is 202-566-1744, 
and the telephone number for the Air Docket is 202-566-1742.
    Use EPA's electronic docket and comment system at http://www.regulations.gov, to submit or view public comments, access the 
index listing of the contents of the docket, and to access those 
documents in the docket that are available electronically. Once in the 
system, select ``docket search,'' then key in the docket ID number 
identified above. Please note that EPA's policy is that public 
comments, whether submitted electronically or in paper, will be made 
available for public viewing at http://www.regulations.gov as EPA 
receives them and without change, unless the comment contains 
copyrighted material, confidential business information (CBI), or other 
information whose public disclosure is restricted by statute. For 
further information about the electronic docket, go to http://www.regulations.gov.
    Title: Alternative Affirmative Defense Requirements for Ultra-low 
Sulfur Diesel (Renewal).
    ICR Numbers: EPA ICR No. 2364.03, OMB Control No. 2060-0639.
    ICR Status: This ICR is scheduled to expire on December 31, 2010. 
Under OMB regulations, the Agency may continue to conduct or sponsor 
the collection of information while this submission is pending at OMB. 
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 
in title 40 of the CFR, after appearing in the Federal Register when 
approved, are listed in 40 CFR part 9, and are displayed either by 
publication in the Federal Register or by other appropriate means, such 
as on the related collection instrument or form, if applicable. The 
display of OMB control numbers in certain EPA regulations is 
consolidated in 40 CFR part 9.
    Abstract: With this information collection request (ICR), we are 
seeking permission to continue to allow refiners, importers, 
distributors, and retailers of highway diesel fuel the option to use an 
alternative affirmative defense if the Agency finds highway diesel fuel 
samples above the specified sulfur standard at retail facilities. The 
highway diesel program regulations require most motor vehicle (highway) 
diesel fuel sold at retail stations to contain 15 parts per million 
(ppm) sulfur or less (hereafter referred to as ultra low sulfur diesel 
fuel, or ULSD) beginning October, 2006. General recordkeeping and 
reporting related to diesel fuel regulations for on-road, non-road and 
performance-based test methods are included in EPA ICR 1718.08 (OMB 
Control Number 2060-0277).
    Under the regulation, where a violation of the 15 ppm sulfur 
standard is identified at a retail outlet, the retailer responsible for 
dispensing the noncompliant fuel is deemed liable, as well as the 
refiner(s), importer(s) and distributor(s) of such fuel. The highway 
diesel regulations further provide, however, that any person deemed 
liable can rebut this presumption by establishing an affirmative 
defense that

[[Page 81268]]

includes, among other things, showing that it conducted a quality 
assurance sampling and testing program as prescribed by the 
regulations. This ICR covers burdens and costs associated with 
provisions that allow refiners and importers of ULSD an alternative 
means of meeting the affirmative defense requirements in the diesel 
sulfur regulations by participating in a nationwide diesel fuel 
sampling and testing program. The reporting burden covered by this 
proposed ICR relates to reports that refiners, importers and 
distributors, have to submit in the event they have a non-complying 
sulfur test result. (See 40 CFR 80.613.) The authority citation for the 
direct final rule and the association information collection is for the 
following Clean Air Act sections: 42 United States Code 7414, 7542, 
7545, and 7601(a).
    Burden Statement: The annual public reporting and recordkeeping 
burden for this collection of information is estimated to average 16 
hours per response. 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: Refiners, importers, marketers and 
other distributors of highway diesel fuel.
    Estimated Number of Respondents: 20.
    Frequency of Response: Occasionally.
    Estimated Total Annual Hour Burden: 320 hours.
    Estimated Total Annual Cost: $22,720 in labor costs.
    Changes in the Estimates: There is no change in the total estimated 
burden currently identified in the OMB Inventory of Approved ICR 
Burdens.

    Dated: December 20, 2010.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2010-32460 Filed 12-23-10; 8:45 am]
BILLING CODE 6560-50-P
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