Proposed Information Collection Request; Comment Request; Alternative Affirmative Defense Requirements for Ultra-Low Sulfur Diesel, 78953-78954 [2013-31115]

Download as PDF Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices All documents in the docket are identified in the docket index available at http://www.regulations.gov. Although listed in the index, some information is not publicly available, such as confidential business information (CBI) or other information for which disclosure is restricted by statute. Certain materials, such as copyrighted material, will only be available in hard copy at the EPA Docket Center. B. EPA Docket Center Materials listed under Docket EPA– HQ–OAR–2013–0790 will be available either electronically through http:// www.regulations.gov or in hard copy at the Air and Radiation Docket and Information Center, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20460. The EPA Docket Center 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. tkelley on DSK3SPTVN1PROD with NOTICES III. Description of Programs and Potential Disclosure of Information Claimed as Confidential Business Information (CBI) to Contractors EPA’s Office of Transportation and Air Quality (OTAQ) has responsibility for protecting public health and the environment by regulating air pollution from motor vehicles, engines, and the fuels used to operate them, and by encouraging travel choices that minimize emissions. In order to implement various Clean Air Act programs, and to permit regulated entities flexibility in meeting regulatory requirements (e.g., compliance on average), we collect compliance reports and other information from them. Occasionally, the information submitted is claimed to be confidential business information (CBI). Information submitted under such a claim is handled in accordance with EPA’s regulations at 40 CFR part 2, subpart B and in accordance with EPA procedures, including comprehensive system security plans (SSPs) that are consistent with those regulations. When EPA has determined that disclosure of information claimed as CBI to contractors is necessary, the corresponding contract must address the appropriate use and handling of the information by the contractor and the contractor must require its personnel who require access to information claimed as CBI to sign written nondisclosure agreements before they are granted access to data. VerDate Mar<15>2010 23:48 Dec 26, 2013 Jkt 232001 In accordance with 40 CFR 2.301(h), we have determined that the contractors, subcontractors, and grantees (collectively referred to as ‘‘contractors’’) listed below, in addition to those listed in a previous Federal Register Notice (77 FR 217, November 8, 2012, pp. 66977–66978), require access to CBI submitted to us under the Clean Air Act and in connection with the Mandatory Greenhouse Gas (GHG) Reporting Rule [40 CFR part 98, subparts A (general registration and reporting provisions) LL, and MM], as well as various OTAQ programs related to fuels, vehicles, and engines (40 CFR parts 79 and 80) and we are providing notice and an opportunity to comment. OTAQ collects this data in order to monitor compliance with Clean Air Act programs and, in many cases, to permit regulated parties flexibility in meeting regulatory requirements. For example, data that may contain CBI is collected in order to register fuels and fuel additives prior to introduction into commerce and to certify engines. Certain programs are designed to permit regulated parties an opportunity to comply on average, or to engage in transactions using various types of credits. For example, OTAQ collects information about batches of gasoline that refiners produce in order to ensure compliance with reformulated gasoline standards. We are issuing this Federal Register notice to inform all affected submitters of information that we plan to grant access to material that may be claimed as CBI to the contractors identified below on a need-to-know basis. Under Contract Number EP–C–11– 007, SRA International, Inc., 4300 Fair Lakes Court, Fairfax, VA 22033, and its subcontractor, Ecco Select, 1301 Oak St #400, Kansas City, MO 64106, provide report processing, program support, technical support, and information technology services that involve access to information claimed as CBI related to 40 CFR part 79, 40 CFR part 80, and 40 CFR part 98 subparts A, LL, and MM. Access to data, including information claimed as CBI, will commence on January 6, 2014 and will continue until December 31, 2015. If the contract is extended, this access will continue for the remainder of the contract without further notice. Parties who wish further information about this Federal Register notice or about OTAQ’s disclosure of information claimed as CBI to contactors may contact the person listed under FOR FURTHER INFORMATION CONTACT. PO 00000 Frm 00144 Fmt 4703 Sfmt 4703 78953 List of Subjects Environmental protection; confidential business information. Dated: December 16, 2013. Byron J. Bunker, Director, Compliance Division, Office of Transportation & Air Quality, Office of Air and Radiation. [FR Doc. 2013–30886 Filed 12–26–13; 8:45 am] BILLING CODE 6560–50–P 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 Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: 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. SUMMARY: E:\FR\FM\27DEN1.SGM 27DEN1 78954 Federal Register / Vol. 78, No. 249 / Friday, December 27, 2013 / Notices tkelley on DSK3SPTVN1PROD with NOTICES 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 VerDate Mar<15>2010 23:48 Dec 26, 2013 Jkt 232001 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 noncomplying 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 ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OW–2013–0652; FRL–9904–85– OW] Extension of Comment Period for the Alaska Seafood Processing Effluent Limitation Guidelines Notice of Data Availability Environmental Protection Agency (EPA). ACTION: Notice of data availability; Extension of comment period. AGENCY: PO 00000 Frm 00145 Fmt 4703 Sfmt 4703 The Environmental Protection Agency (EPA) is extending the comment period for the Alaska Seafood Processing Effluent Limitation Guidelines Notice of Data Availability. EPA is extending the comment period in response to stakeholder requests for an extension. DATES: Comments must be received on or before March 7, 2014. The comment period was originally scheduled to end on January 6, 2014. ADDRESSES: Submit your comments, identified by Docket identification (ID) No. EPA–HQ–OW–2013–0652, by one of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. • Email: ow-docket@epa.gov. • Mail: Water Docket, U.S. Environmental Protection Agency, Mail code: 4203M, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Attention Docket ID No. EPA–HQ–OW–2013– 0652. Please include three copies. • Hand Delivery: Water Docket, EPA Docket Center, William Jefferson Clinton Building West Room 3334, 1301 Constitution Ave. NW., Washington, DC, Attention Docket ID No. EPA–HQ– OW–2013–0652. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information by calling 202–566–2426. • Instructions: Direct your comments to Docket ID No. EPA–HQ–OW–2013– 0652. The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or email. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through www.regulations.gov your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other SUMMARY: E:\FR\FM\27DEN1.SGM 27DEN1

Agencies

[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.

-----------------------------------------------------------------------

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