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[Federal Register Volume 78, Number 249 (Friday, December 27, 2013)]
[Notices]
[Pages 78953-78954]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31115]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2007-1158; FRL-9904-81-OAR]

Proposed Information Collection Request; Comment Request; 
Alternative Affirmative Defense Requirements for Ultra-Low Sulfur 
Diesel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: The Environmental Protection Agency is planning to submit an 
information collection request (ICR), ``Alternative Affirmative Defense 
Requirements for Ultra-low Sulfur Diesel'' (EPA ICR No.2364.04, OMB 
Control No. 2060-0639 to the Office of Management and Budget (OMB) for 
review and approval in accordance with the Paperwork Reduction Act (44 
U.S.C. 3501 et seq.). Before doing so, EPA is soliciting public 
comments on specific aspects of the proposed information collection as 
described below. This is a proposed extension of the ICR, which is 
currently approved through March 31, 2014. 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.

DATES: Comments must be submitted on or before February 25, 2014.

ADDRESSES: Submit your comments, referencing Docket ID No. EPA-HQ-OAR-
2007-1158, online using www.regulations.gov (our preferred method), or 
by mail to: EPA Docket Center, Environmental Protection Agency, Mail 
Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.
    EPA's policy is that all comments received will be included in the 
public docket without change including any personal information 
provided, unless the comment includes profanity, threats, information 
claimed to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute.

[[Page 78954]]

FOR FURTHER INFORMATION CONTACT: Geanetta Heard, Fuels Compliance 
Center, 6406J, Environmental Protection Agency, 1200 Pennsylvania Ave. 
NW., Washington, DC 20460; telephone number: 202-343-9017; fax number: 
202-565-2085; email address: heard.geanetta@epa.gov.

SUPPLEMENTARY INFORMATION: Supporting documents which explain in detail 
the information that the EPA will be collecting are available in the 
public docket for this ICR. The docket can be viewed online at 
www.regulations.gov or in person at the EPA Docket Center, WJC West, 
Room 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone 
number for the Docket Center is 202-566-1744. For additional 
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Pursuant to section 3506(c)(2)(A) of the PRA, EPA is soliciting 
comments and information to enable it to: (i) evaluate whether the 
proposed collection of information is necessary for the proper 
performance of the functions of the Agency, including whether the 
information will have practical utility; (ii) evaluate the accuracy of 
the Agency's estimate of the burden of the proposed collection of 
information, including the validity of the methodology and assumptions 
used; (iii) enhance the quality, utility, and clarity of the 
information to be collected; and (iv) minimize the burden of the 
collection of information on those who are to respond, including 
through the use of appropriate automated electronic, mechanical, or 
other technological collection techniques or other forms of information 
technology, e.g., permitting electronic submission of responses. EPA 
will consider the comments received and amend the ICR as appropriate. 
The final ICR package will then be submitted to OMB for review and 
approval. At that time, EPA will issue another Federal Register notice 
to announce the submission of the ICR to OMB and the opportunity to 
submit additional comments to OMB.
    Abstract: With this ICR renewal, EPA is seeking permission to 
continue recordkeeping and reporting requirements under the ultra-low 
sulfur diesel (ULSD) fuel regulations. 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 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 ULSD regulations by participating in a nationwide diesel fuel 
sampling and testing program. The reporting burden covered by this ICR 
renewal relates to reports that refiners, importers and distributors, 
have to submit in the event they have a non-complying sulfur test 
result.
    Form Numbers: None.
    Respondents/affected entities: 5.
    Respondent's obligation to respond: mandatory.
    Estimated number of respondents: 5 (total).
    Frequency of response: On occasion.
    Total estimated burden: 80 hours (per year). Burden is defined at 5 
CFR 1320.03(b).
    Total estimated cost: $9,200 (per year), includes no annualized 
capital or operation & maintenance costs.
    Changes in Estimates: There is no increase of hours in the total 
estimated respondent burden compared with the ICR currently approved by 
OMB. The respondent universe and responses decreased in this collection 
due to a higher than expected compliance rate. There was in increase in 
cost to the industry per response of $704 due to more accurate numbers 
used to calculate the industry burden and to account for inflation. 
There was a decrease in cost to the industry overall of $13,520 due to 
the reduction of expected responses from 20 to five.

    Dated: December 20, 2013.
Byron Bunker,
Director, Compliance Division, Office of Transportation and Air 
Quality, Office of Air and Radiation.
[FR Doc. 2013-31115 Filed 12-26-13; 8:45 am]
BILLING CODE 6560-50-P
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