[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Notices]
[Pages 26318-26319]
[FR Doc No: 2015-11044]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Fatigue
Tolerance Evaluation of Metallic Structures

AGENCY: Federal Aviation Administration (FAA), DOT

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on December 22, 2014. To obtain type certification of a
rotorcraft, an applicant must show that the rotorcraft complies with
specific certification requirements. To show compliance, the applicant
must submit substantiating data.

DATES: Written comments should be submitted by June 8, 2015.

ADDRESSES: Interested persons are invited to submit written comments on
the proposed information collection to the Office of Information and
Regulatory Affairs, Office of Management and Budget. Comments should be
addressed to the attention of the Desk Officer, Department of
Transportation/FAA, and sent via electronic mail to
<EMAIL_ADDRESS>or faxed to<PHONE_NUMBER>, or mailed to
the Office of Information and Regulatory Affairs, Office of Management
and Budget, Docket Library, Room 10102, 725 17th Street NW.,
Washington, DC 20503.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Ronda Thompson at<PHONE_NUMBER>, or
by email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0752.

    Title: Fatigue Tolerance Evaluation of Metallic Structures.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Extension without change of an information
collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on December 22, 2014 (79 FR 76438). To obtain type
certification of a rotorcraft, 14 CFR part 29 requires an applicant to
submit substantiating data to show that the rotorcraft complies with
specific certification requirements. FAA engineers or designated
engineer representatives from industry will review the required data
submittals to determine if the rotorcraft complies with the applicable
minimum safety requirements for fatigue critical rotorcraft metallic
structures and that the rotorcraft has no unsafe features in the
metallic structures.
    Respondents: 17 total applicants for type certification of
rotorcraft over a 27 year period.
    Frequency: Information is collected on occasion.
    Estimated Average Burden per Response: 320 hours.
    Estimated Total Annual Burden: 269 hours.

    Issued in Washington, DC, on May 4, 2015.
Albert R. Spence,
FAA Assistant Information Collection Clearance Officer, IT Enterprises
Business Services Division, ASP-110.
[FR Doc. 2015-11044 Filed 5-6-15; 8:45 am]
 BILLING CODE 4910-13-P


and state whether this information agrees with the report to EPA.
    (2) RIN transaction reports. (i) Obtain and read copies of a
representative sample of all RIN transaction reports required under
Sec.  80.1152(a)(2) for the compliance year.
    (ii) Obtain contracts or other documents for the representative
sample of RIN transactions; compute and report as a finding the
transaction types, transaction dates, and RINs traded; and state
whether the information agrees with the party's reports to EPA.
    (3) Gallon-RIN activity reports. (i) Obtain and read copies of all
quarterly gallon-RIN activity reports required

under Sec.  80.1152(a)(3) for the compliance year.
    (ii) Obtain documentation of total RINs (including current-year
RINs and previous-year RINs) owned at the start of the quarter,
purchased, used for compliance, sold, expired and retired during the
quarter being reviewed, and owned at the end of the quarter; compute
and report as a finding the total RINs owned at the start and end of
the quarter, purchased, used for compliance, sold, expired and retired
as represented in these documents; and state whether this information
agrees with the party's reports to EPA.
    (b) The following attest procedures shall be completed for any
renewable fuel producer or importer:
    (1) RIN-generation reports. (i) Obtain and read copies of the
quarterly RIN generation reports required under Sec.  80.1152(b)(1) for
the compliance year.
    (ii) Obtain production data for each renewable fuel batch produced
during the year being reviewed; compute and report as a finding the RIN
numbers, production dates, types, volumes of denaturant and applicable
equivalence values, and production volumes for each batch; and state
whether this information agrees with the party's reports to EPA.
    (iii) Verify that the proper number of RINs were generated and
assigned for each batch of renewable fuel produced, as required under
Sec.  80.1126.
    (iv) Obtain product transfer documents for each renewable fuel
batch produced during the year being reviewed; report as a finding any
product transfer document that did not include the RIN for the batch.
    (2) RIN transaction reports. (i) Obtain and read copies of a
representative sample of the RIN transaction reports required under
Sec.  80.1152(b)(2) for the compliance year.
    (ii) Obtain contracts or other documents for the representative
sample of RIN transactions; compute and report as a finding the
transaction types, transaction dates, and the RINs traded; and state
whether this information agrees with the party's reports to EPA.
    (3) Gallon-RIN activity reports. (i) Obtain and read copies of the
quarterly gallon-RIN activity reports required under Sec.
80.1152(b)(3) for the compliance year.
    (ii) Obtain documentation of total RINs (including current-year
RINs and previous-year RINs) owned at the start of the quarter,
purchased, sold, expired and retired during the quarter being reviewed,
and owned at the end of the quarter; compute and report as a finding
the total RINs owned at the start and end of the quarter, purchased,
used for compliance, sold, expired and retired as represented in these
documents; and state whether this information agrees with the party's
reports to EPA.
    (c) The following attest procedures shall be completed for any
party other than an obligated party or renewable fuel producer or
importer that owns any RINs during a calendar year.
    (1) RIN transaction reports. (i) Obtain and read copies of a
representative sample of the RIN transaction reports required under
Sec.  80.1152(c)(1) for the compliance year.
    (ii) Obtain contracts or other documents for the representative
sample of RIN transactions; compute and report as a finding the
transaction types, transaction dates, and the RINs traded; and state
whether this information agrees with the party's reports to EPA.
    (2) Gallon-RIN activity reports. (i) Obtain and read copies of the
gallon-RIN activity reports required under Sec.  80.1152(c)(2) for the
compliance year.
    (ii) Obtain documentation of total RINs (including current-year
RINs and previous-year RINs) owned at the start of the quarter,
purchased, sold, expired and retired during the quarter being reviewed,
and owned at the end of the quarter; compute and report as a finding
the total RINs owned at the start and end of the quarter, purchased,
used for compliance, sold, expired and retired as represented in these
documents; and state whether this information agrees with the party's
reports to EPA.
    (d) The following submission dates apply to the attest engagements
required under this section.
    (1) For each compliance year, each party subject to the attest
engagement requirements under this section shall cause the reports
required under this section to be submitted to EPA by May 31 of the
year following the compliance year.
    (2) For the 2007 compliance year only, the attest engagement
required under paragraph (a) of this section may be submitted to EPA
with the attest engagement for the 2008 compliance year.

Sec.  80.1165  What are the additional requirements under this subpart
for a foreign small refiner?

    (a) Definitions. The following definitions apply for this subpart:
    (1) Foreign refinery is a refinery that is located outside the
United States, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands (collectively referred to in this section as ``the
United States'').
    (2) Foreign refiner is a person that meets the definition of
refiner under Sec.  80.2(i) for a foreign refinery.
    (3) RFS-FRGAS is gasoline produced at a foreign refinery that has
received a small refinery exemption under Sec.  80.1141 or a small
refiner exemption under Sec.  80.1142 that is imported into the United
States.
    (4) Non-RFS-FRGAS is one of the following:
    (i) Gasoline produced at a foreign refinery that has received a
small refinery exemption under Sec.  80.1141 or a small refiner
exemption under Sec.  80.1142 that is not imported into the United
States.
    (ii) Gasoline produced at a foreign refinery that has not received
a small refinery exemption under Sec.  80.1141 or small refiner
exemption under Sec.  80.1142.
    (5) A foreign small refiner is a foreign refiner that has received
a small refinery exemption under Sec.  80.1141 for one or more of its
refineries or a small refiner exemption under Sec.  80.1142.
    (b) General requirements for RFS-FRGAS foreign small refineries and
small refiners.
    (1) A foreign small refiner must designate, at the time of
production, each batch of gasoline produced at the foreign refinery
that is exported for use in the United States as RFS-FRGAS; and
    (2) Meet all requirements that apply to refiners who have received
a small refinery or small refiner exemption under this subpart.
    (c) Designation, foreign refiner certification, and product
transfer documents. (1) Any foreign small refiner must designate each
batch of RFS-FRGAS as such at the time the gasoline is produced.
    (2) On each occasion when RFS-FRGAS is loaded onto a vessel or
other transportation mode for transport to the United States, the
foreign refiner shall prepare a certification for each batch of RFS-
FRGAS that meets all the following requirements:
    (i) The certification shall include the report of the independent
third party under paragraph (d) of this section, and all the following
additional information:
    (A) The name and EPA registration number of the refinery that
produced the RFS-FRGAS.
    (B) [Reserved]
    (ii) The identification of the gasoline as RFS-FRGAS.
    (iii) The volume of RFS-FRGAS being transported, in gallons.
    (3) On each occasion when any person transfers custody or title to
any RFS-FRGAS prior to its being imported into the United States, it
must include all the following information as part of the product
transfer document information:

    (i) Designation of the gasoline as RFS-FRGAS.
    (ii) The certification required under paragraph (c)(2) of this
section.
    (d) Load port independent testing and refinery identification. (1)
On each occasion that RFS-FRGAS is loaded onto a vessel for transport
to the United States the foreign small refiner shall have an
independent third party do all the following:
    (i) Inspect the vessel prior to loading and determine the volume of
any tank bottoms.
    (ii) Determine the volume of RFS-FRGAS loaded onto the vessel
(exclusive of any tank bottoms before loading).
    (iii) Obtain the EPA-assigned registration number of the foreign
refinery.
    (iv) Determine the name and country of registration of the vessel
used to transport the RFS-FRGAS to the United States.
    (v) Determine the date and time the vessel departs the port serving
the foreign refinery.
    (vi) Review original documents that reflect movement and storage of
the RFS-FRGAS from the foreign refinery to the load port, and from this
review determine:
    (A) The refinery at which the RFS-FRGAS was produced; and
    (B) That the RFS-FRGAS remained segregated from Non-RFS-FRGAS and
other RFS-FRGAS produced at a different refinery.
    (2) The independent third party shall submit a report to:
    (i) The foreign small refiner containing the information required
under paragraph (d)(1) of this section, to accompany the product
transfer documents for the vessel; and
    (ii) The Administrator containing the information required under
paragraph (d)(1) of this section, within thirty days following the date
of the independent third party's inspection. This report shall include
a description of the method used to determine the identity of the
refinery at which the gasoline was produced, assurance that the
gasoline remained segregated as specified in paragraph (j)(1) of this
section, and a description of the gasoline's movement and storage
between production at the source refinery and vessel loading.
    (3) The independent third party must:
    (i) Be approved in advance by EPA, based on a demonstration of
ability to perform the procedures required in this paragraph (d);
    (ii) Be independent under the criteria specified in Sec.
80.65(f)(2)(iii); and
    (iii) Sign a commitment that contains the provisions specified in
paragraph (f) of this section with regard to activities, facilities,
and documents relevant to compliance with the requirements of this
paragraph (d).
    (e) Comparison of load port and port of entry testing. (1)(i) Any
small foreign small refiner and any United States importer of RFS-FRGAS
shall compare the results from the load port testing under paragraph
(d) of this section, with the port of entry testing as reported under
paragraph (k) of this section, for the volume of gasoline, except as
specified in paragraph (e)(1)(ii) of this section.
    (ii) Where a vessel transporting RFS-FRGAS off loads this gasoline
at more than one United States port of entry, the requirements of
paragraph (e)(1)(i) of this section do not apply at subsequent ports of
entry if the United States importer obtains a certification from the
vessel owner that the requirements of paragraph (e)(1)(i) of this
section were met and that the vessel has not loaded any gasoline or
blendstock between the first United States port of entry and the
subsequent port of entry.
    (2) If the temperature-corrected volumes determined at the port of
entry and at the load port differ by more than one percent, the United
States importer and the foreign small refiner shall not treat the
gasoline as RFS-FRGAS and the importer shall include the volume of
gasoline in the importer's RFS compliance calculations.
    (f) Foreign refiner commitments. Any small foreign small refiner
shall commit to and comply with the provisions contained in this
paragraph (f) as a condition to being approved for a small refinery or
small refiner exemption under this subpart.
    (1) Any United States Environmental Protection Agency inspector or
auditor must be given full, complete and immediate access to conduct
inspections and audits of the foreign refinery.
    (i) Inspections and audits may be either announced in advance by
EPA, or unannounced.
    (ii) Access will be provided to any location where:
    (A) Gasoline is produced;
    (B) Documents related to refinery operations are kept; and
    (C) RFS-FRGAS is stored or transported between the foreign refinery
and the United States, including storage tanks, vessels and pipelines.
    (iii) Inspections and audits may be by EPA employees or contractors
to EPA.
    (iv) Any documents requested that are related to matters covered by
inspections and audits must be provided to an EPA inspector or auditor
on request.
    (v) Inspections and audits by EPA may include review and copying of
any documents related to all the following:
    (A) The volume of RFS-FRGAS.
    (B) The proper classification of gasoline as being RFS-FRGAS or as
not being RFS-FRGAS.
    (C) Transfers of title or custody to RFS-FRGAS.
    (D) Testing of RFS-FRGAS.
    (E) Work performed and reports prepared by independent third
parties and by independent auditors under the requirements of this
section, including work papers.
    (vi) Inspections and audits by EPA may include taking interviewing
employees.
    (vii) Any employee of the foreign refiner must be made available
for interview by the EPA inspector or auditor, on request, within a
reasonable time period.
    (viii) English language translations of any documents must be
provided to an EPA inspector or auditor, on request, within 10 working
days.
    (ix) English language interpreters must be provided to accompany
EPA inspectors and auditors, on request.
    (2) An agent for service of process located in the District of
Columbia shall be named, and service on this agent constitutes service
on the foreign refiner or any employee of the foreign refiner for any
action by EPA or otherwise by the United States related to the
requirements of this subpart.
    (3) The forum for any civil or criminal enforcement action related
to the provisions of this section for violations of the Clean Air Act
or regulations promulgated thereunder shall be governed by the Clean
Air Act, including the EPA administrative forum where allowed under the
Clean Air Act.
    (4) United States substantive and procedural laws shall apply to
any civil or criminal enforcement action against the foreign refiner or
any employee of the foreign refiner related to the provisions of this
section.
    (5) Submitting an application for a small refinery or small refiner
exemption, or producing and exporting gasoline under such exemption,
and all other actions to comply with the requirements of this subpart
relating to such exemption constitute actions or activities covered by
and within the meaning of the provisions of 28 U.S.C. 1605(a)(2), but
solely with respect to actions instituted against the foreign refiner,
its agents and employees in any court or other tribunal in the United
States for conduct that violates the requirements applicable to the
foreign refiner under this subpart, including conduct that violates the
False

Statements Accountability Act of 1996 (18 U.S.C. 1001) and section
113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
    (6) The foreign refiner, or its agents or employees, will not seek
to detain or to impose civil or criminal remedies against EPA
inspectors or auditors, whether EPA employees or EPA contractors, for
actions performed within the scope of EPA employment related to the
provisions of this section.
    (7) The commitment required by this paragraph (f) shall be signed
by the owner or president of the foreign refiner business.
    (8) In any case where RFS-FRGAS produced at a foreign refinery is
stored or transported by another company between the refinery and the
vessel that transports the RFS-FRGAS to the United States, the foreign
refiner shall obtain from each such other company a commitment that
meets the requirements specified in paragraphs (f)(1) through (f)(7) of
this section, and these commitments shall be included in the foreign
refiner's application for a small refinery or small refiner exemption
under this subpart.
    (g) Sovereign immunity. By submitting an application for a small
refinery or small refiner exemption under this subpart, or by producing
and exporting gasoline to the United States under such exemption, the
foreign refiner, and its agents and employees, without exception,
become subject to the full operation of the administrative and judicial
enforcement powers and provisions of the United States without
limitation based on sovereign immunity, with respect to actions
instituted against the foreign refiner, its agents and employees in any
court or other tribunal in the United States for conduct that violates
the requirements applicable to the foreign refiner under this subpart,
including conduct that violates the False Statements Accountability Act
of 1996 (18 U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42
U.S.C. 7413).
    (h) Bond posting. Any foreign refiner shall meet the requirements
of this paragraph (h) as a condition to approval of a small foreign
refinery or small foreign refiner exemption under this subpart.
    (1) The foreign refiner shall post a bond of the amount calculated
using the following equation:

Bond = G * $0.01

Where:

Bond = amount of the bond in United States dollars.
G = the largest volume of gasoline produced at the foreign refinery
and exported to the United States, in gallons, during a single
calendar year among the most recent of the following calendar years,
up to a maximum of five calendar years: The calendar year
immediately preceding the date the refinery's application is
submitted, the calendar year the application is submitted, and each
succeeding calendar year.

    (2) Bonds shall be posted by:
    (i) Paying the amount of the bond to the Treasurer of the United
States;
    (ii) Obtaining a bond in the proper amount from a third party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign refiner, provided EPA agrees in
advance as to the third party and the nature of the surety agreement;
or
    (iii) An alternative commitment that results in assets of an
appropriate liquidity and value being readily available to the United
States, provided EPA agrees in advance as to the alternative
commitment.
    (3) Bonds posted under this paragraph (h) shall:
    (i) Be used to satisfy any judicial judgment that results from an
administrative or judicial enforcement action for conduct in violation
of this subpart, including where such conduct violates the False
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section
113(c)(2) of the Clean Air Act (42 U.S.C. 7413);
    (ii) Be provided by a corporate surety that is listed in the United
States Department of Treasury Circular 570 ``Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds'';
and
    (iii) Include a commitment that the bond will remain in effect for
at least five years following the end of latest annual reporting period
that the foreign refiner produces gasoline pursuant to the requirements
of this subpart.
    (4) On any occasion a foreign refiner bond is used to satisfy any
judgment, the foreign refiner shall increase the bond to cover the
amount used within 90 days of the date the bond is used.
    (5) If the bond amount for a foreign refiner increases, the foreign
refiner shall increase the bond to cover the shortfall within 90 days
of the date the bond amount changes. If the bond amount decreases, the
foreign refiner may reduce the amount of the bond beginning 90 days
after the date the bond amount changes.
    (i) English language reports. Any document submitted to EPA by a
foreign refiner shall be in English language, or shall include an
English language translation.
    (j) Prohibitions. (1) No person may combine RFS-FRGAS with any Non-
RFS-FRGAS, and no person may combine RFS-FRGAS with any RFS-FRGAS
produced at a different refinery, until the importer has met all the
requirements of paragraph (k) of this section.
    (2) No foreign refiner or other person may cause another person to
commit an action prohibited in paragraph (j)(1) of this section, or
that otherwise violates the requirements of this section.
    (k) United States importer requirements. Any United States importer
of RFS-FRGAS shall meet the following requirements:
    (1) Each batch of imported RFS-FRGAS shall be classified by the
importer as being RFS-FRGAS.
    (2) Gasoline shall be classified as RFS-FRGAS according to the
designation by the foreign refiner if this designation is supported by
product transfer documents prepared by the foreign refiner as required
in paragraph (c) of this section. Additionally, the importer shall
comply with all requirements of this subpart applicable to importers.
    (3) For each gasoline batch classified as RFS-FRGAS, any United
States importer shall have an independent third party do all the
following:
    (i) Determine the volume of gasoline in the vessel.
    (ii) Use the foreign refiner's RFS-FRGAS certification to determine
the name and EPA-assigned registration number of the foreign refinery
that produced the RFS-FRGAS.
    (iii) Determine the name and country of registration of the vessel
used to transport the RFS-FRGAS to the United States.
    (iv) Determine the date and time the vessel arrives at the United
States port of entry.
    (4) Any importer shall submit reports within 30 days following the
date any vessel transporting RFS-FRGAS arrives at the United States
port of entry to:
    (i) The Administrator containing the information determined under
paragraph (k)(3) of this section; and
    (ii) The foreign refiner containing the information determined
under paragraph (k)(3)(i) of this section, and including identification
of the port at which the product was off loaded.
    (5) Any United States importer shall meet all other requirements of
this subpart for any imported gasoline that is not classified as RFS-
FRGAS under paragraph (k)(2) of this section.
    (l) Truck imports of RFS-FRGAS produced at a foreign refinery. (1)
Any refiner whose RFS-FRGAS is transported into the United States by
truck may petition EPA to use alternative procedures to meet all the
following requirements:

    (i) Certification under paragraph (c)(2) of this section.
    (ii) Load port and port of entry testing requirements under
paragraphs (d) and (e) of this section.
    (iii) Importer testing requirements under paragraph (k)(3) of this
section.
    (2) These alternative procedures must ensure RFS-FRGAS remains
segregated from Non-RFS-FRGAS until it is imported into the United
States. The petition will be evaluated based on whether it adequately
addresses the following:
    (i) Provisions for monitoring pipeline shipments, if applicable,
from the refinery, that ensure segregation of RFS-FRGAS from that
refinery from all other gasoline.
    (ii) Contracts with any terminals and/or pipelines that receive
and/or transport RFS-FRGAS that prohibit the commingling of RFS-FRGAS
with Non-RFS-FRGAS or RFS-FRGAS from other foreign refineries.
    (iii) Attest procedures to be conducted annually by an independent
third party that review loading records and import documents based on
volume reconciliation, or other criteria, to confirm that all RFS-FRGAS
remains segregated throughout the distribution system.
    (3) The petition described in this section must be submitted to EPA
along with the application for a small refinery or small refiner
exemption under this subpart.
    (m) Additional attest requirements for importers of RFS-FRGAS. The
following additional procedures shall be carried out by any importer of
RFS-FRGAS as part of the attest engagement required for importers under
this subpart K.
    (1) Obtain listings of all tenders of RFS-FRGAS. Agree the total
volume of tenders from the listings to the gasoline inventory
reconciliation analysis required in Sec.  80.133(b), and to the volumes
determined by the third party under paragraph (d) of this section.
    (2) For each tender under paragraph (m)(1) of this section, where
the gasoline is loaded onto a marine vessel, report as a finding the
name and country of registration of each vessel, and the volumes of
RFS-FRGAS loaded onto each vessel.
    (3) Select a sample from the list of vessels identified in
paragraph (m)(2) of this section used to transport RFS-FRGAS, in
accordance with the guidelines in Sec.  80.127, and for each vessel
selected perform the following:
    (i) Obtain the report of the independent third party, under
paragraph (d) of this section.
    (A) Agree the information in these reports with regard to vessel
identification and gasoline volume.
    (B) Identify, and report as a finding, each occasion the load port
and port of entry volume results differ by more than the amount allowed
in paragraph (e)(2) of this section, and determine whether all of the
requirements of paragraph (e)(2) of this section have been met.
    (ii) Obtain the documents used by the independent third party to
determine transportation and storage of the RFS-FRGAS from the refinery
to the load port, under paragraph (d) of this section. Obtain tank
activity records for any storage tank where the RFS-FRGAS is stored,
and pipeline activity records for any pipeline used to transport the
RFS-FRGAS prior to being loaded onto the vessel. Use these records to
determine whether the RFS-FRGAS was produced at the refinery that is
the subject of the attest engagement, and whether the RFS-FRGAS was
mixed with any Non-RFS-FRGAS or any RFS-FRGAS produced at a different
refinery.
    (4) Select a sample from the list of vessels identified in
paragraph (m)(2) of this section used to transport RFS-FRGAS, in
accordance with the guidelines in Sec.  80.127, and for each vessel
selected perform the following:
    (i) Obtain a commercial document of general circulation that lists
vessel arrivals and departures, and that includes the port and date of
departure of the vessel, and the port of entry and date of arrival of
the vessel.
    (ii) Agree the vessel's departure and arrival locations and dates
from the independent third party and United States importer reports to
the information contained in the commercial document.
    (5) Obtain separate listings of all tenders of RFS-FRGAS, and
perform the following:
    (i) Agree the volume of tenders from the listings to the gasoline
inventory reconciliation analysis in Sec.  80.133(b).
    (ii) Obtain a separate listing of the tenders under this paragraph
(m)(5) where the gasoline is loaded onto a marine vessel. Select a
sample from this listing in accordance with the guidelines in Sec.
80.127, and obtain a commercial document of general circulation that
lists vessel arrivals and departures, and that includes the port and
date of departure and the ports and dates where the gasoline was off
loaded for the selected vessels. Determine and report as a finding the
country where the gasoline was off loaded for each vessel selected.
    (6) In order to complete the requirements of this paragraph (m), an
auditor shall:
    (i) Be independent of the foreign refiner or importer;
    (ii) Be licensed as a Certified Public Accountant in the United
States and a citizen of the United States, or be approved in advance by
EPA based on a demonstration of ability to perform the procedures
required in Sec. Sec.  80.125 through 80.127, 80.130, 80.1164, and this
paragraph (m); and
    (iii) Sign a commitment that contains the provisions specified in
paragraph (f) of this section with regard to activities and documents
relevant to compliance with the requirements of Sec. Sec.  80.125
through 80.127, 80.130, 80.1164, and this paragraph (m).
    (n) Withdrawal or suspension of foreign refiner status. EPA may
withdraw or suspend a foreign refiner's small refinery or small refiner
exemption where:
    (1) A foreign refiner fails to meet any requirement of this
section;
    (2) A foreign government fails to allow EPA inspections as provided
in paragraph (f)(1) of this section;
    (3) A foreign refiner asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in this
subpart; or
    (4) A foreign refiner fails to pay a civil or criminal penalty that
is not satisfied using the foreign refiner bond specified in paragraph
(h) of this section.
    (o) Additional requirements for applications, reports and
certificates. Any application for a small refinery or small refiner
exemption, alternative procedures under paragraph (l) of this section,
any report, certification, or other submission required under this
section shall be:
    (1) Submitted in accordance with procedures specified by the
Administrator, including use of any forms that may be specified by the
Administrator.
    (2) Be signed by the president or owner of the foreign refiner
company, or by that person's immediate designee, and shall contain the
following declaration:

    I hereby certify: (1) That I have actual authority to sign on
behalf of and to bind [NAME OF FOREIGN REFINER] with regard to all
statements contained herein; (2) that I am aware that the
information contained herein is being Certified, or submitted to the
United States Environmental Protection Agency, under the
requirements of 40 CFR part 80, subpart K, and that the information
is material for determining compliance under these regulations; and
(3) that I have read and understand the information being Certified
or submitted, and this information is true, complete and correct to
the best of my knowledge and belief after I have taken reasonable
and appropriate steps to verify the accuracy thereof. I affirm that
I have read and

understand the provisions of 40 CFR part 80, subpart K, including 40
CFR 80.1165 apply to [NAME OF FOREIGN REFINER]. Pursuant to Clean
Air Act section 113(c) and 18 U.S.C. 1001, the penalty for
furnishing false, incomplete or misleading information in this
certification or submission is a fine of up to $10,000 U.S., and/or
imprisonment for up to five years.''

Sec.  80.1166  What are the additional requirements under this subpart
for a foreign producer of cellulosic biomass ethanol or waste derived
ethanol?

    (a) Foreign producer of cellulosic biomass ethanol or waste derived
ethanol. For purposes of this subpart, a foreign producer of cellulosic
biomass ethanol or waste derived ethanol is a person located outside
the United States, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands (collectively referred to in this section as ''the United
States'') that has been approved by EPA to assign RINs to cellulosic
biomass ethanol or waste derived ethanol that the foreign producer
produces and exports to the United States, hereinafter referred to as a
``foreign producer'' under this section.
    (b) General requirements. (1) An approved foreign producer under
this section must meet all requirements that apply to cellulosic
biomass ethanol or waste derived ethanol producers under this subpart,
except to the extent otherwise specified in paragraph (b)(2) of this
section.
    (2)(i) The independent third party that conducts the facility
verification required under Sec.  80.1155(a) must inspect the foreign
producer's facility and submit a report to EPA which describes in
detail the physical plant and its operation.
    (ii) The independent third party that conducts the facility
verification required under Sec.  80.1155(a) must be a licensed
Professional Engineer in the chemical engineering field, but need not
be based in the United States. The independent third party must include
documentation of its qualifications as a licensed Professional Engineer
in the report required in paragraph (b)(2)(i) of this section.
    (iii) The requirements of paragraphs (b)(2)(i) and (ii) of this
section must be met before a foreign entity may be approved as a
foreign producer under this subpart.
    (c) Designation, foreign producer certification, and product
transfer documents.
    (1) Any approved foreign producer under this section must designate
each batch of cellulosic biomass ethanol or waste derived ethanol as
``RFS-FRETH'' at the time the ethanol is produced.
    (2) On each occasion when RFS-FRETH is loaded onto a vessel or
other transportation mode for transport to the United States, the
foreign producer shall prepare a certification for each batch of RFS-
FRETH; the certification shall include the report of the independent
third party under paragraph (d) of this section, and all the following
additional information:
    (i) The name and EPA registration number of the company that
produced the RFS-FRETH.
    (ii) The identification of the ethanol as RFS-FRETH.
    (iii) The volume of RFS-FRETH being transported, in gallons.
    (3) On each occasion when any person transfers custody or title to
any RFS-FRETH prior to its being imported into the United States, it
must include all the following information as part of the product
transfer document information:
    (i) Designation of the ethanol as RFS-FRETH.
    (ii) The certification required under paragraph (c)(2) of this
section.
    (d) Load port independent testing and refinery identification. (1)
On each occasion that RFS-FRETH is loaded onto a vessel for transport
to the United States the foreign producer shall have an independent
third party do all the following:
    (i) Inspect the vessel prior to loading and determine the volume of
any tank bottoms.
    (ii) Determine the volume of RFS-FRETH loaded onto the vessel
(exclusive of any tank bottoms before loading).
    (iii) Obtain the EPA-assigned registration number of the foreign
producer.
    (iv) Determine the name and country of registration of the vessel
used to transport the RFS-FRETH to the United States.
    (v) Determine the date and time the vessel departs the port serving
the foreign producer.
    (vi) Review original documents that reflect movement and storage of
the RFS-FRETH from the foreign producer to the load port, and from this
review determine the following:
    (A) The facility at which the RFS-FRETH was produced.
    (B) That the RFS-FRETH remained segregated from Non-RFS-FRETH and
other RFS-FRETH produced by a different foreign producer.
    (2) The independent third party shall submit a report to the
following:
    (i) The foreign producer containing the information required under
paragraph (d)(1) of this section, to accompany the product transfer
documents for the vessel.
    (ii) The Administrator containing the information required under
paragraph (d)(1) of this section, within thirty days following the date
of the independent third party's inspection. This report shall include
a description of the method used to determine the identity of the
foreign producer facility at which the ethanol was produced, assurance
that the ethanol remained segregated as specified in paragraph (j)(1)
of this section, and a description of the ethanol's movement and
storage between production at the source facility and vessel loading.
    (3) The independent third party must:
    (i) Be approved in advance by EPA, based on a demonstration of
ability to perform the procedures required in this paragraph (d);
    (ii) Be independent under the criteria specified in Sec.
80.65(e)(2)(iii); and
    (iii) Sign a commitment that contains the provisions specified in
paragraph (f) of this section with regard to activities, facilities and
documents relevant to compliance with the requirements of this
paragraph (d).
    (e) Comparison of load port and port of entry testing. (1)(i) Any
foreign producer and any United States importer of RFS-FRETH shall
compare the results from the load port testing under paragraph (d) of
this section, with the port of entry testing as reported under
paragraph (k) of this section, for the volume of ethanol, except as
specified in paragraph (e)(1)(ii) of this section.
    (ii) Where a vessel transporting RFS-FRETH off loads the ethanol at
more than one United States port of entry, the requirements of
paragraph (e)(1)(i) of this section do not apply at subsequent ports of
entry if the United States importer obtains a certification from the
vessel owner that the requirements of paragraph (e)(1)(i) of this
section were met and that the vessel has not loaded any ethanol between
the first United States port of entry and the subsequent port of entry.
    (2)(i) If the temperature-corrected volumes determined at the port
of entry and at the load port differ by more than one percent, the
number of RINs associated with the ethanol shall be calculated based on
the lesser of the two volumes in paragraph (e)(1)(i) of this section.
    (ii) Where the port of entry volume is the lesser of the two
volumes in paragraph (e)(1)(i) of this section, the importer shall
calculate the difference between the number of RINs originally assigned
by the foreign producer and

the number of RINs calculated under Sec.  80.1126 for the volume of
ethanol as measured at the port of entry, and retire that amount of
RINs in accordance with paragraph (k)(4) of this section.
    (f) Foreign producer commitments. Any foreign producer shall commit
to and comply with the provisions contained in this paragraph (f) as a
condition to being approved as a foreign producer under this subpart.
    (1) Any United States Environmental Protection Agency inspector or
auditor must be given full, complete and immediate access to conduct
inspections and audits of the foreign producer facility.
    (i) Inspections and audits may be either announced in advance by
EPA, or unannounced.
    (ii) Access will be provided to any location where:
    (A) Ethanol is produced;
    (B) Documents related to ethanol producer operations are kept; and
    (C) RFS-FRETH is stored or transported between the foreign producer
and the United States, including storage tanks, vessels and pipelines.
    (iii) Inspections and audits may be by EPA employees or contractors
to EPA.
    (iv) Any documents requested that are related to matters covered by
inspections and audits must be provided to an EPA inspector or auditor
on request.
    (v) Inspections and audits by EPA may include review and copying of
any documents related to the following:
    (A) The volume of RFS-FRETH.
    (B) The proper classification of gasoline as being RFS-FRETH;
    (C) Transfers of title or custody to RFS-FRETH.
    (D) Work performed and reports prepared by independent third
parties and by independent auditors under the requirements of this
section, including work papers.
    (vi) Inspections and audits by EPA may include interviewing
employees.
    (vii) Any employee of the foreign producer must be made available
for interview by the EPA inspector or auditor, on request, within a
reasonable time period.
    (viii) English language translations of any documents must be
provided to an EPA inspector or auditor, on request, within 10 working
days.
    (ix) English language interpreters must be provided to accompany
EPA inspectors and auditors, on request.
    (2) An agent for service of process located in the District of
Columbia shall be named, and service on this agent constitutes service
on the foreign producer or any employee of the foreign producer for any
action by EPA or otherwise by the United States related to the
requirements of this subpart.
    (3) The forum for any civil or criminal enforcement action related
to the provisions of this section for violations of the Clean Air Act
or regulations promulgated thereunder shall be governed by the Clean
Air Act, including the EPA administrative forum where allowed under the
Clean Air Act.
    (4) United States substantive and procedural laws shall apply to
any civil or criminal enforcement action against the foreign producer
or any employee of the foreign producer related to the provisions of
this section.
    (5) Applying to be an approved foreign producer under this section,
or producing or exporting ethanol under such approval, and all other
actions to comply with the requirements of this subpart relating to
such approval constitute actions or activities covered by and within
the meaning of the provisions of 28 U.S.C. 1605(a)(2), but solely with
respect to actions instituted against the foreign producer, its agents
and employees in any court or other tribunal in the United States for
conduct that violates the requirements applicable to the foreign
producer under this subpart, including conduct that violates the False
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section
113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
    (6) The foreign producer, or its agents or employees, will not seek
to detain or to impose civil or criminal remedies against EPA
inspectors or auditors, whether EPA employees or EPA contractors, for
actions performed within the scope of EPA employment related to the
provisions of this section.
    (7) The commitment required by this paragraph (f) shall be signed
by the owner or president of the foreign producer company.
    (8) In any case where RFS-FRETH produced at a foreign producer
facility is stored or transported by another company between the
refinery and the vessel that transports the RFS-FRETH to the United
States, the foreign producer shall obtain from each such other company
a commitment that meets the requirements specified in paragraphs (f)(1)
through (7) of this section, and these commitments shall be included in
the foreign producer's application to be an approved foreign producer
under this subpart.
    (g) Sovereign immunity. By submitting an application to be an
approved foreign producer under this subpart, or by producing and
exporting ethanol to the United States under such approval, the foreign
producer, and its agents and employees, without exception, become
subject to the full operation of the administrative and judicial
enforcement powers and provisions of the United States without
limitation based on sovereign immunity, with respect to actions
instituted against the foreign producer, its agents and employees in
any court or other tribunal in the United States for conduct that
violates the requirements applicable to the foreign producer under this
subpart, including conduct that violates the False Statements
Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of
the Clean Air Act (42 U.S.C. 7413).
    (h) Bond posting. Any foreign producer shall meet the requirements
of this paragraph (h) as a condition to approval as a foreign producer
under this subpart.
    (1) The foreign producer shall post a bond of the amount calculated
using the following equation:

Bond = G * $ 0.01

Where:

Bond = amount of the bond in U.S. dollars.
G = The largest volume of ethanol produced at the foreign producer's
facility and exported to the United States, in gallons, during a
single calendar year among the most recent of the following calendar
years, up to a maximum of five calendar years: The calendar year
immediately preceding the date the refinery's application is
submitted, the calendar year the application is submitted, and each
succeeding calendar year.

    (2) Bonds shall be posted by any of the following methods:
    (i) Paying the amount of the bond to the Treasurer of the United
States.
    (ii) Obtaining a bond in the proper amount from a third party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign producer, provided EPA agrees in
advance as to the third party and the nature of the surety agreement.
    (iii) An alternative commitment that results in assets of an
appropriate liquidity and value being readily available to the United
States provided EPA agrees in advance as to the alternative commitment.
    (3) Bonds posted under this paragraph (h) shall:
    (i) Be used to satisfy any judicial judgment that results from an
administrative or judicial enforcement action for conduct in violation
of this subpart, including where such conduct violates the False
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section
113(c)(2) of the Clean Air Act (42 U.S.C. 7413);
    (ii) Be provided by a corporate surety that is listed in the United
States

Department of Treasury Circular 570 ''Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds''; and
    (iii) Include a commitment that the bond will remain in effect for
at least five years following the end of the latest annual reporting
period that the foreign producer produces ethanol pursuant to the
requirements of this subpart.
    (4) On any occasion a foreign producer bond is used to satisfy any
judgment, the foreign producer shall increase the bond to cover the
amount used within 90 days of the date the bond is used.
    (5) If the bond amount for a foreign producer increases, the
foreign producer shall increase the bond to cover the shortfall within
90 days of the date the bond amount changes. If the bond amount
decreases, the foreign refiner may reduce the amount of the bond
beginning 90 days after the date the bond amount changes.
    (i) English language reports. Any document submitted to EPA by a
foreign producer shall be in English language, or shall include an
English language translation.
    (j) Prohibitions. (1) No person may combine RFS-FRETH with any Non-
RFS-FRETH, and no person may combine RFS-FRETH with any RFS-FRETH
produced at a different refinery, until the importer has met all the
requirements of paragraph (k) of this section.
    (2) No foreign producer or other person may cause another person to
commit an action prohibited in paragraph (j)(1) of this section, or
that otherwise violates the requirements of this section.
    (k) Requirements for United States importers of RFS-FRETH. Any
United States importer shall meet the following requirements:
    (1) Each batch of imported RFS-FRETH shall be classified by the
importer as being RFS-FRETH.
    (2) Ethanol shall be classified as RFS-FRETH according to the
designation by the foreign producer if this designation is supported by
product transfer documents prepared by the foreign producer as required
in paragraph (c) of this section.
    (3) For each ethanol batch classified as RFS-FRETH, any United
States importer shall have an independent third party do all the
following:
    (i) Determine the volume of gasoline in the vessel.
    (ii) Use the foreign producer's RFS-FRETH certification to
determine the name and EPA-assigned registration number of the foreign
producer that produced the RFS-FRETH.
    (iii) Determine the name and country of registration of the vessel
used to transport the RFS-FRETH to the United States.
    (iv) Determine the date and time the vessel arrives at the United
States port of entry.
    (4) Where the importer is required to retire RINs under paragraph
(e)(2) of this section, the importer must report the retired RINs in
the applicable reports under Sec.  80.1152.
    (5) Any importer shall submit reports within 30 days following the
date any vessel transporting RFS-FRETH arrives at the United States
port of entry to the following:
    (i) The Administrator containing the information determined under
paragraph (k)(3) of this section.
    (ii) The foreign producer containing the information determined
under paragraph (k)(3)(i) of this section, and including identification
of the port at which the product was off loaded, and any RINs retired
under paragraph (e)(2) of this section.
    (6) Any United States importer shall meet all other requirements of
this subpart for any imported ethanol or other renewable fuel that is
not classified as RFS-FRETH under paragraph (k)(2) of this section.
    (l) Truck imports of RFS-FRETH produced by a foreign producer. (1)
Any foreign producer whose RFS-FRETH is transported into the United
States by truck may petition EPA to use alternative procedures to meet
all the following requirements:
    (i) Certification under paragraph (c)(2) of this section.
    (ii) Load port and port of entry testing under paragraphs (d) and
(e) of this section.
    (iii) Importer testing under paragraph (k)(3) of this section.
    (2) These alternative procedures must ensure RFS-FRETH remains
segregated from Non-RFS-FRETH until it is imported into the United
States. The petition will be evaluated based on whether it adequately
addresses the following:
    (i) Contracts with any facilities that receive and/or transport
RFS-FRETH that prohibit the commingling of RFS-FRETH with Non-RFS-FRETH
or RFS-FRETH from other foreign producers.
    (ii) Attest procedures to be conducted annually by an independent
third party that review loading records and import documents based on
volume reconciliation to confirm that all RFS-FRETH remains segregated.
    (3) The petition described in this section must be submitted to EPA
along with the application for approval as a foreign producer under
this subpart.
    (m) Additional attest requirements for producers of RFS-FRETH. The
following additional procedures shall be carried out by any producer of
RFS-FRETH as part of the attest engagement required for renewable fuel
producers under this subpart K.
    (1) Obtain listings of all tenders of RFS-FRETH. Agree the total
volume of tenders from the listings to the volumes determined by the
third party under paragraph (d) of this section.
    (2) For each tender under paragraph (m)(1) of this section, where
the ethanol is loaded onto a marine vessel, report as a finding the
name and country of registration of each vessel, and the volumes of
RFS-FRETH loaded onto each vessel.
    (3) Select a sample from the list of vessels identified in
paragraph (m)(2) of this section used to transport RFS-FRETH, in
accordance with the guidelines in Sec.  80.127, and for each vessel
selected perform the following:
    (i) Obtain the report of the independent third party, under
paragraph (d) of this section, and of the United States importer under
paragraph (k) of this section.
    (A) Agree the information in these reports with regard to vessel
identification and ethanol volume.
    (B) Identify, and report as a finding, each occasion the load port
and port of entry volume results differ by more than the amount allowed
in paragraph (e) of this section, and determine whether the importer
retired the appropriate amount of RINs as required under paragraph
(e)(2) of this section, and submitted the applicable reports under
Sec.  80.1152 in accordance with paragraph (k)(4) of this section.
    (ii) Obtain the documents used by the independent third party to
determine transportation and storage of the RFS-FRETH from the foreign
producer's facility to the load port, under paragraph (d) of this
section. Obtain tank activity records for any storage tank where the
RFS-FRETH is stored, and activity records for any mode of
transportation used to transport the RFS-FRGAS prior to being loaded
onto the vessel. Use these records to determine whether the RFS-FRETH
was produced at the foreign producer's facility that is the subject of
the attest engagement, and whether the RFS-FRETH was mixed with any
Non-RFS-FRETH or any RFS-FRETH produced at a different facility.
    (4) Select a sample from the list of vessels identified in
paragraph (m)(2) of this section used to transport RFS-FRETH, in
accordance with the guidelines in Sec.  80.127, and for each vessel
selected perform the following:

    (i) Obtain a commercial document of general circulation that lists
vessel arrivals and departures, and that includes the port and date of
departure of the vessel, and the port of entry and date of arrival of
the vessel.
    (ii) Agree the vessel's departure and arrival locations and dates
from the independent third party and United States importer reports to
the information contained in the commercial document.
    (5) Obtain a separate listing of the tenders under this paragraph
(m)(5) where the gasoline is loaded onto a marine vessel. Select a
sample from this listing in accordance with the guidelines in Sec.
80.127, and obtain a commercial document of general circulation that
lists vessel arrivals and departures, and that includes the port and
date of departure and the ports and dates where the ethanol was off
loaded for the selected vessels. Determine and report as a finding the
country where the ethanol was off loaded for each vessel selected.
    (6) In order to complete the requirements of this paragraph (m) an
auditor shall:
    (i) Be independent of the foreign producer;
    (ii) Be licensed as a Certified Public Accountant in the United
States and a citizen of the United States, or be approved in advance by
EPA based on a demonstration of ability to perform the procedures
required in Sec. Sec.  80.125 through 80.127, 80.130, 80.1164, and this
paragraph (m); and
    (iii) Sign a commitment that contains the provisions specified in
paragraph (f) of this section with regard to activities and documents
relevant to compliance with the requirements of Sec. Sec.  80.125
through 80.127, 80.130, 80.1164, and this paragraph (m).
    (n) Withdrawal or suspension of foreign producer approval. EPA may
withdraw or suspend a foreign producer's approval where any of the
following occur:
    (1) A foreign producer fails to meet any requirement of this
section.
    (2) A foreign government fails to allow EPA inspections as provided
in paragraph (f)(1) of this section.
    (3) A foreign producer asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in this
subpart.
    (4) A foreign producer fails to pay a civil or criminal penalty
that is not satisfied using the foreign producer bond specified in
paragraph (g) of this section.
    (o) Additional requirements for applications, reports and
certificates. Any application for approval as a foreign producer,
alternative procedures under paragraph (l) of this section, any report,
certification, or other submission required under this section shall
be:
    (1) Submitted in accordance with procedures specified by the
Administrator, including use of any forms that may be specified by the
Administrator.
    (2) Signed by the president or owner of the foreign producer
company, or by that person's immediate designee, and shall contain the
following declaration:

    I hereby certify: (1) That I have actual authority to sign on
behalf of and to bind [insert name of foreign producer] with regard
to all statements contained herein; (2) that I am aware that the
information contained herein is being Certified, or submitted to the
United States Environmental Protection Agency, under the
requirements of 40 CFR part 80, subpart K, and that the information
is material for determining compliance under these regulations; and
(3) that I have read and understand the information being Certified
or submitted, and this information is true, complete and correct to
the best of my knowledge and belief after I have taken reasonable
and appropriate steps to verify the accuracy thereof. I affirm that
I have read and understand the provisions of 40 CFR part 80, subpart
K, including 40 CFR 80.1165 apply to [insert name of foreign
producer]. Pursuant to Clean Air Act section 113(c) and 18 U.S.C.
1001, the penalty for furnishing false, incomplete or misleading
information in this certification or submission is a fine of up to
$10,000 U.S., and/or imprisonment for up to five years.

Sec.  80.1167  What are the additional requirements under this subpart
for a foreign RIN owner?

    (a) Foreign RIN owner. For purposes of this subpart, a foreign RIN
owner is a person located outside the United States, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands (collectively referred to
in this section as ``the United States'') that has been approved by EPA
to own RINs.
    (b) General Requirement. An approved foreign RIN owner must meet
all requirements that apply to persons who own RINs under this subpart.
    (c) Foreign RIN owner commitments. Any person shall commit to and
comply with the provisions contained in this paragraph (c) as a
condition to being approved as a foreign RIN owner under this subpart.
    (1) Any United States Environmental Protection Agency inspector or
auditor must be given full, complete and immediate access to conduct
inspections and audits of the foreign RIN owner's place of business.
    (i) Inspections and audits may be either announced in advance by
EPA, or unannounced; and
    (ii) Access will be provided to any location where documents
related to RINs the foreign RIN owner has obtained, sold, transferred
or held are kept.
    (iii) Inspections and audits may be by EPA employees or contractors
to EPA.
    (iv) Any documents requested that are related to matters covered by
inspections and audits must be provided to an EPA inspector or auditor
on request.
    (v) Inspections and audits by EPA may include review and copying of
any documents related to the following:
    (A) Transfers of title to RINs.
    (B) Work performed and reports prepared by independent auditors
under the requirements of this section, including work papers.
    (vi) Inspections and audits by EPA may include interviewing
employees.
    (vii) Any employee of the foreign RIN owner must be made available
for interview by the EPA inspector or auditor, on request, within a
reasonable time period.
    (viii) English language translations of any documents must be
provided to an EPA inspector or auditor, on request, within 10 working
days.
    (ix) English language interpreters must be provided to accompany
EPA inspectors and auditors, on request.
    (2) An agent for service of process located in the District of
Columbia shall be named, and service on this agent constitutes service
on the foreign RIN owner or any employee of the foreign RIN owner for
any action by EPA or otherwise by the United States related to the
requirements of this subpart.
    (3) The forum for any civil or criminal enforcement action related
to the provisions of this section for violations of the Clean Air Act
or regulations promulgated thereunder shall be governed by the Clean
Air Act, including the EPA administrative forum where allowed under the
Clean Air Act.
    (4) United States substantive and procedural laws shall apply to
any civil or criminal enforcement action against the foreign RIN owner
or any employee of the foreign RIN owner related to the provisions of
this section.
    (5) Submitting an application to be a foreign RIN owner, and all
other actions to comply with the requirements of this subpart
constitute actions or activities covered by and within the meaning of
the provisions of 28 U.S.C. 1605(a)(2), but solely with respect to
actions instituted against the foreign RIN owner, its agents and
employees in any court or other tribunal in the United States for
conduct that violates the requirements applicable to the foreign RIN
owner under this subpart, including conduct

that violates the False Statements Accountability Act of 1996 (18
U.S.C. 1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C.
7413).
    (6) The foreign RIN owner, or its agents or employees, will not
seek to detain or to impose civil or criminal remedies against EPA
inspectors or auditors, whether EPA employees or EPA contractors, for
actions performed within the scope of EPA employment related to the
provisions of this section.
    (7) The commitment required by this paragraph (c) shall be signed
by the owner or president of the foreign RIN owner business.
    (d) Sovereign immunity. By submitting an application to be a
foreign RIN owner under this subpart, the foreign entity, and its
agents and employees, without exception, become subject to the full
operation of the administrative and judicial enforcement powers and
provisions of the United States without limitation based on sovereign
immunity, with respect to actions instituted against the foreign RIN
owner, its agents and employees in any court or other tribunal in the
United States for conduct that violates the requirements applicable to
the foreign RIN owner under this subpart, including conduct that
violates the False Statements Accountability Act of 1996 (18 U.S.C.
1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
    (e) Bond posting. Any foreign entity shall meet the requirements of
this paragraph (d) as a condition to approval as a foreign RIN owner
under this subpart.
    (1) The foreign entity shall post a bond of the amount calculated
using the following equation:

Bond = G * $0.01

Where:

Bond = amount of the bond in U.S. dollars.
G = The total of the number of gallon-RINs the foreign entity
expects to sell or transfer during the first calendar year that the
foreign entity is a RIN owner, plus the number of gallon-RINs the
foreign entity expects to sell or transfer during the next four
calendar years. After the first calendar year, the bond amount shall
be based on the actual number of gallon-RINs sold or transferred
during the current calendar year and the number held at the
conclusion of the current averaging year, plus the number of gallon-
RINs sold or transferred during the four most recent calendar years
preceding the current calendar year. For any year for which there
were fewer than four preceding years in which the foreign entity
sold or transferred RINs, the bond shall be based on the total of
the number of gallon-RINs sold or transferred during the current
calendar year and the number held at the end of the current calendar
year, plus the number of gallon-RINs sold or transferred during any
calendar year preceding the current calendar year, plus the number
of gallon-RINs expected to be sold or transferred during subsequent
calendar years, the total number of years not to exceed four
calendar years in addition to the current calendar year.

    (2) Bonds shall be posted by doing any of the following:
    (i) Paying the amount of the bond to the Treasurer of the United
States.
    (ii) Obtaining a bond in the proper amount from a third party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign RIN owner, provided EPA agrees
in advance as to the third party and the nature of the surety
agreement.
    (iii) An alternative commitment that results in assets of an
appropriate liquidity and value being readily available to the United
States, provided EPA agrees in advance as to the alternative
commitment.
    (3) Bonds posted under this paragraph (e) shall:
    (i) Be used to satisfy any judicial judgment that results from an
administrative or judicial enforcement action for conduct in violation
of this subpart, including where such conduct violates the False
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section
113(c)(2) of the Clean Air Act (42 U.S.C. 7413);
    (ii) Be provided by a corporate surety that is listed in the United
States Department of Treasury Circular 570 ``Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds'';
and
    (iii) Include a commitment that the bond will remain in effect for
at least five years following the end of latest reporting period in
which the foreign RIN owner obtains, sells, transfers or holds RINs.
    (4) On any occasion a foreign RIN owner bond is used to satisfy any
judgment, the foreign RIN owner shall increase the bond to cover the
amount used within 90 days of the date the bond is used.
    (f) English language reports. Any document submitted to EPA by a
foreign RIN owner shall be in English language, or shall include an
English language translation.
    (g) Prohibitions. (1) A foreign RIN owner is prohibited from
obtaining, selling, transferring or holding any RIN that is in excess
of the number for which the bond requirements of this section have been
satisfied.
    (2) Any RIN that is sold, transferred or held that is in excess of
the number for which the bond requirements of this section have been
satisfied is an invalid RIN under Sec.  80.1131.
    (3) Any RIN that is obtained from a person located outside the
United States that is not an approved foreign RIN owner under this
section is an invalid RIN under Sec.  80.1131.
    (4) No foreign RIN owner or other person may cause another person
to commit an action prohibited in this paragraph (g), or that otherwise
violates the requirements of this section.
    (h) Additional attest requirements for foreign RIN owners. The
following additional requirements apply to any foreign RIN owner as
part of the attest engagement required for RIN owners under this
subpart K.
    (1) The attest auditor must be independent of the foreign RIN
owner.
    (2) The attest auditor must be licensed as a Certified Public
Accountant in the United States and a citizen of the United States, or
be approved in advance by EPA based on a demonstration of ability to
perform the procedures required in Sec. Sec.  80.125 through 80.127,
80.130, and 80.1164.
    (3) The attest auditor must sign a commitment that contains the
provisions specified in paragraph (c) of this section with regard to
activities and documents relevant to compliance with the requirements
of Sec. Sec.  80.125 through 80.127, 80.130, and 80.1164.
    (i) Withdrawal or suspension of foreign RIN owner status. EPA may
withdraw or suspend its approval of a foreign RIN owner where any of
the following occur:
    (1) A foreign RIN owner fails to meet any requirement of this
section, including, but not limited to, the bond requirements.
    (2) A foreign government fails to allow EPA inspections as provided
in paragraph (c)(1) of this section.
    (3) A foreign RIN owner asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in this
subpart.
    (4) A foreign RIN owner fails to pay a civil or criminal penalty
that is not satisfied using the foreign RIN owner bond specified in
paragraph (e) of this section.
    (j) Additional requirements for applications, reports and
certificates. Any application for approval as a foreign RIN owner, any
report, certification, or other submission required under this section
shall be:
    (1) Submitted in accordance with procedures specified by the
Administrator, including use of any forms that may be specified by the
Administrator.
    (2) Signed by the president or owner of the foreign RIN owner
company, or

that person's immediate designee, and shall contain the following
declaration:

    I hereby certify: (1) That I have actual authority to sign on
behalf of and to bind [insert name of foreign RIN owner] with regard
to all statements contained herein; (2) that I am aware that the
information contained herein is being Certified, or submitted to the
United States Environmental Protection Agency, under the
requirements of 40 CFR part 80, subpart K, and that the information
is material for determining compliance under these regulations; and
(3) that I have read and understand the information being Certified
or submitted, and this information is true, complete and correct to
the best of my knowledge and belief after I have taken reasonable
and appropriate steps to verify the accuracy thereof. I affirm that
I have read and understand the provisions of 40 CFR part 80, subpart
K, including 40 CFR 80.1167 apply to [insert name of foreign RIN
owner]. Pursuant to Clean Air Act section 113(c) and 18 U.S.C. 1001,
the penalty for furnishing false, incomplete or misleading
information in this certification or submission is a fine of up to
$10,000 U.S., and/or imprisonment for up to five years.
[FR Doc. E7-7140 Filed 4-30-07; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 48 (Monday, March 12, 2012)]
[Notices]
[Pages 14516-14517]
[FR Doc No: 2012-5842]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 349-173--Alabama]

Alabama Power Company, Martin Dam Hydroelectric Project; Notice
of Proposed Revised Restricted Service List for a Programmatic
Agreement for Managing Properties Included in or Eligible for Inclusion
in the National Register of Historic Places

    Rule 2010 of the Federal Energy Regulatory Commission's
(Commission) Rules of Practice and Procedure, 18 CFR 385.2010, provides
that, to eliminate unnecessary expense or improve administrative
efficiency, the Secretary may establish a restricted service list for a
particular phase or issue in a proceeding. The restricted service list
should contain the names of persons on the service list who, in the
judgment of the decisional authority establishing the list, are active
participants with respect to the phase or issue in the proceeding for
which the list is established.
    The Commission staff is consulting with the Alabama State Historic
Preservation Officer (Alabama SHPO) and the Advisory Council on
Historic Preservation (Advisory Council) pursuant to the Advisory
Council's regulations, 36 CFR part 800, implementing section 106 of the
National Historic Preservation Act, as amended, (16 U.S.C. 470f), to
prepare a Programmatic Agreement for managing properties included in,
or eligible for inclusion in, the National Register of Historic Places
at the Martin Dam Hydroelectric Project.
    The Programmatic Agreement, when executed by the Commission, the
Alabama SHPO, and the Advisory Council, would satisfy the Commission's
section 106 responsibilities for all individual undertakings carried
out in accordance with the license until the license expires or is
terminated (36 CFR 800.13(e)). The Commission's responsibilities
pursuant to section 106 for the Martin Dam Hydroelectric Project would
be fulfilled through the Programmatic Agreement, which the Commission
staff proposes to draft in consultation with the Alabama SHPO; Alabama
Power Company, the licensee for Project No. 349-173; the Poarch Band of
Creek Indians; the Choctaw Nation of Oklahoma; the Alabama-Quassarte
Tribal Town; the Alabama-Coushatta Tribe of Texas; and the Thlopthlocco
Tribal Town.
    For purposes of commenting on the Programmatic Agreement, we
propose to add the following persons to the

restricted service list for the Martin Dam Hydroelectric Project to
represent the interests of the Muscogee (Creek) Nation of Oklahoma and
the Kialegee Tribal Town of the Muscogee (Creek) Nation: Principal
Chief A.D. Ellis, Muscogee (Creek) Nation of Oklahoma, P.O. Box 580,
Okmulgee, OK 74447; Mekko Tiger Hobia, Kialegee Tribal Town of the
Muscogee, (Creek) Nation, P.O. Box 332, Wetumpka, OK 74883.

    Dated: March 5, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-5842 Filed 3-9-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register: May 9, 2006 (Volume 71, Number 89)]
[Notices]
[Page 26952]
[DOCID:fr09my06-83]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 11433-016]

Madison Electric Works; Notice of Availability of Environmental
Assessment

May 2, 2006.
    In accordance with the National Environmental Policy Act of 1969
and the Federal Energy Regulatory Commission's (Commission)
regulations, 18 CFR Part 380 (Order No. 486, 52 F.R. 47897), the Office
of Energy Projects has prepared an Environmental Assessment (EA) for an
application requesting Commission approval for surrender of minor
project license and dam removal of the 547 kilowatt Sandy River Project
(FERC No. 11433). The project is located on the Sandy River in the
Towns of Norridgewock and Starks, Somerset County, Maine.
    The EA contains the staff's analysis of the potential environmental
impacts of the project and concludes that the surrender of license and
dam removal would not constitute a major federal action that would
significantly affect the quality of the human environment.
    A copy of the EA is attached to the May 1, 2006 Commission Order
titled ``Order Approving Surrender of License with Dam Removal,'' which
is available for review and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426. The EA may also be viewed on the Commission's Web site at
http://www.ferc.gov using the ``eLibrary'' link. Enter the docket

number (prefaced by P-) in the docket number field to access the
document. For assistance, contact FERC On Line Support at
<EMAIL_ADDRESS>or call toll free at<PHONE_NUMBER>, or for

TTY contact<PHONE_NUMBER>.
    For further information, please contact Andrea Shriver at (202)
502-8171.

Magalie R. Salas,
Secretary.
 [FR Doc. E6-6944 Filed 5-8-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 30 (Wednesday, February 13, 2013)]
[Rules and Regulations]
[Pages 10058-10060]
[FR Doc No: 2013-03147]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30884; Amdt. No. 3519]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective February 13, 2013. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 13, 2013.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800 Independence
Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169, or
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available

online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd. Oklahoma
City, OK. 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the, associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979) ;
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC on February 1, 2013.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.
0
2. Part 97 is amended to read as follows:

Effective 7 MARCH 2013

Tatitlek, AK, Tatitlek, RNAV (GPS) RWY 31, Orig-A
Jonesboro, AR, Jonesboro Muni, RNAV (GPS) RWY 5, Amdt 1
Jonesboro, AR, Jonesboro Muni, RNAV (GPS) RWY 23, Amdt 1
Jonesboro, AR, Jonesboro Muni, RNAV (GPS) RWY 31, Amdt 1
Jonesboro, AR, Jonesboro Muni, Takeoff Minimums and Obstacle DP,
Amdt 3
Washington, DC, Manassas Rgnl/Harry P. Davis Field, ILS OR LOC RWY
16L, Amdt 5
Washington, DC, Ronald Reagan Washington National, RNAV (RNP) RWY
19, Amdt 1
Jacksonville, FL, Jacksonville Executive at Craig Airport, ILS OR
LOC RWY 32, Amdt 5
Jacksonville, FL, Jacksonville Executive at Craig Airport, RNAV
(GPS) RWY 14, Amdt 1
Jacksonville, FL, Jacksonville Executive at Craig Airport, RNAV
(GPS) RWY 32, Amdt 1
Jacksonville, FL, Jacksonville Executive at Craig Airport, Takeoff
Minimums and Obstacle DP, Amdt 4
Jacksonville, FL, Jacksonville Executive at Craig Airport, VOR RWY
14, Amdt 5
Jacksonville, FL, Jacksonville Executive at Craig Airport, VOR/DME
RWY 32, Amdt 3
Tallahassee, FL, Tallahassee Rgnl, ILS OR LOC/DME RWY 36, Amdt 25
Tallahassee, FL, Tallahassee Rgnl, NDB RWY 36, Amdt 20B, CANCELED
Tallahassee, FL, Tallahassee Rgnl, VOR RWY 18, Amdt 12
Tallahassee, FL, Tallahassee Rgnl, VOR/DME OR TACAN RWY 36, Amdt 1
Atlanta, GA, Fulton County Airport-Brown Field, RNAV (GPS) RWY 26,
Amdt 1A
Lawrenceville, GA, Gwinnett County--Briscoe Field, ILS OR LOC RWY
25, Amdt 2A
Lawrenceville, GA, Gwinnett County--Briscoe Field, NDB RWY 25, Amdt
1A
Lawrenceville, GA, Gwinnett County--Briscoe Field, RNAV (GPS) RWY 7,
Orig-A
Lawrenceville, GA, Gwinnett County--Briscoe Field, RNAV (GPS) RWY
25, Orig-A
Lawrenceville, GA, Gwinnett County--Briscoe Field, RNAV (GPS)-A,
Orig-A

Lawrenceville, GA, Gwinnett County--Briscoe Field, VOR/DME RWY 7,
Amdt 2A
Iowa Falls, IA, Iowa Falls Muni, NDB RWY 31, Amdt 5, CANCELED
Iowa Falls, IA, Iowa Falls Muni, RNAV (GPS) RWY 13, Orig
Iowa Falls, IA, Iowa Falls Muni, RNAV (GPS) RWY 31, Amdt 1
Pinckneyville, IL, Pinckneyville-Du Quoin, RNAV (GPS) RWY 18, Amdt 1
Boston, MA, General Edward Lawrence Logan Intl, ILS OR LOC RWY 33L,
ILS RWY 33L (SA CAT I), ILS RWY 33L (CAT II), ILS RWY 33L (CAT III),
Amdt 5
Boston, MA, General Edward Lawrence Logan Intl, RNAV (GPS) RWY 33L,
Amdt 2
Montague, MA, Turners Falls, RNAV (GPS)-B, Orig
Montague, MA, Turners Falls, VOR-A, Amdt 4
Marquette, MI, Sawyer Intl, RNAV (GPS) RWY 1, Orig
Kansas City, MO, Kansas City Intl, ILS OR LOC RWY 1L, Amdt 15
Kansas City, MO, Kansas City Intl, ILS OR LOC RWY 1R, ILS RWY 1R (SA
CAT I), ILS RWY 1R (CAT II), ILS RWY 1R (CAT III), Amdt 4
Kansas City, MO, Kansas City Intl, ILS OR LOC RWY 9, Amdt 14
Kansas City, MO, Kansas City Intl, ILS OR LOC RWY 19L, Amdt 2
Kansas City, MO, Kansas City Intl, ILS OR LOC RWY 19R, ILS RWY 19R
(SA CAT I), ILS RWY 19R (CAT II), ILS RWY 19R (CAT III), Amdt 11
Kansas City, MO, Kansas City Intl, ILS OR LOC RWY 27, Amdt 3
Kansas City, MO, Kansas City Intl, RNAV (GPS) Y RWY 1L, Amdt 2
Kansas City, MO, Kansas City Intl, RNAV (GPS) Y RWY 1R, Amdt 2
Kansas City, MO, Kansas City Intl, RNAV (GPS) Y RWY 9, Amdt 2
Kansas City, MO, Kansas City Intl, RNAV (GPS) Y RWY 19L, Amdt 2
Kansas City, MO, Kansas City Intl, RNAV (GPS) Y RWY 19R, Amdt 2
Kansas City, MO, Kansas City Intl, RNAV (GPS) Y RWY 27, Amdt 2
Kansas City, MO, Kansas City Intl, RNAV (RNP) Z RWY 1L, Amdt 1
Kansas City, MO, Kansas City Intl, RNAV (RNP) Z RWY 1R, Amdt 1
Kansas City, MO, Kansas City Intl, RNAV (RNP) Z RWY 9, Amdt 1
Kansas City, MO, Kansas City Intl, RNAV (RNP) Z RWY 19L, Amdt 1
Kansas City, MO, Kansas City Intl, RNAV (RNP) Z RWY 19R, Amdt 1
Kansas City, MO, Kansas City Intl, RNAV (RNP) Z RWY 27, Amdt 1
Raymond, MS, John Bell Williams, ILS OR LOC RWY 12, Orig-A
Gallipolis, OH, Gallia-Meigs Rgnl, GPS RWY 23, Orig, CANCELED
Gallipolis, OH, Gallia-Meigs Rgnl, RNAV (GPS) RWY 23, Orig
Erie, PA, Erie Intl/Tom Ridge Field, NDB RWY 6, Amdt 2
Erie, PA, Erie Intl/Tom Ridge Field, NDB RWY 24, Amdt 19
Erie, PA, Erie Intl/Tom Ridge Field, VOR RWY 6, Amdt 16, CANCELED
Erie, PA, Erie Intl/Tom Ridge Field, VOR/DME RWY 24, Amdt 12,
CANCELED
Washington, PA, Washington County, RNAV (GPS) RWY 9, Amdt 1A
Ponce, PR, Mercedita, Takeoff Minimums and Obstacle DP, Amdt 3
San Juan, PR, Luis Munoz Marin Intl, ILS OR LOC RWY 10, Amdt 6
San Juan, PR, Luis Munoz Marin Intl, RNAV (GPS) RWY 10, Amdt 2
San Juan, PR, Luis Munoz Marin Intl, VOR OR TACAN RWY 10, Amdt 2
Union City, TN, Everett-Stewart Rgnl, ILS OR LOC RWY 1, Amdt 2
Union City, TN, Everett-Stewart Rgnl, RNAV (GPS) RWY 1, Amdt 3
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 16C, ILS RWY 16C
(SA CAT I), ILS RWY 16C (CAT II), ILS RWY 16C (CAT III), Amdt 14
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 16L, ILS RWY 16L
(SA CAT I), ILS RWY 16L (CAT II), ILS RWY 16L (CAT III), Amdt 5
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 16R, ILS RWY 16R
(SA CAT I), ILS RWY 16R (CAT II), ILS RWY 16R (CAT III), Amdt 2
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 34C, ILS RWY 34C
(SA CAT I), ILS RWY 34C (SA CAT II), Amdt 3
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 34L, ILS RWY 34L
(SA CAT I), ILS RWY 34L (SA CAT II), Amdt 1
Seattle, WA, Seattle-Tacoma Intl, ILS OR LOC RWY 34R, ILS RWY 34R
(SA CAT I), ILS RWY 34R (SA CAT II), Amdt 2
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) Y RWY 16C, Amdt 2
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) Y RWY 16L, Amdt 3
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) Y RWY 16R, Amdt 1
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) Y RWY 34C, Amdt 2
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) Y RWY 34L, Amdt 1
Seattle, WA, Seattle-Tacoma Intl, RNAV (GPS) Y RWY 34R, Amdt 2
Seattle, WA, Seattle-Tacoma Intl, RNAV (RNP) Z RWY 16C, Orig
Seattle, WA, Seattle-Tacoma Intl, RNAV (RNP) Z RWY 16L, Orig
Seattle, WA, Seattle-Tacoma Intl, RNAV (RNP) Z RWY 16R, Orig
Seattle, WA, Seattle-Tacoma Intl, RNAV (RNP) Z RWY 34C, Orig
Seattle, WA, Seattle-Tacoma Intl, RNAV (RNP) Z RWY 34L, Orig
Seattle, WA, Seattle-Tacoma Intl, RNAV (RNP) Z RWY 34R, Orig

Effective 4 APRIL 2013

Connersville, IN, Mettel Field, RNAV (GPS) RWY 18, Amdt 1A
Georgetown, TX, Georgetown Muni, NDB RWY 18, Amdt 5, CANCELED

    Rescinded: On January 25, 2013 (78 FR 5256), the FAA published
an Amendment in Docket No. 30880, Amdt No. 3515 to Part 97 of the
Federal Aviation Regulations under section 97.33. The following 4
entries for Lakeview, CA, effective 7 March, 2013, are hereby
rescinded in their entirety:

Lakeview, OR, Lake County, GPS RWY 34, Orig-A, CANCELED
Lakeview, OR, Lake County, RNAV (GPS) RWY 17, Orig
Lakeview, OR, Lake County, RNAV (GPS) RWY 35, Orig
Lakeview, OR, Lake County, Takeoff Minimums and Obstacle DP, Amdt 3

[FR Doc. 2013-03147 Filed 2-12-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 192 (Wednesday, October 3, 2012)]
[Notices]
[Page 60416]
[FR Doc No: 2012-24371]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-524-000]

Questar Pipeline Company; Notice of Application

    On September 18, 2012, Questar Pipeline Company (Questar) filed
with the Federal Energy Regulatory Commission (Commission) an
application under section 7(c) of the Natural Gas Act and section 157.7
of the Commission's Regulations for authority to modify existing
natural gas facilities in Carbon and Utah Counties, Utah on its
southern pipeline transmission system. The Main Line 41 Compression
Project involves upgrades to compression station equipment and
associated facilities as more fully detailed in the Application.
    Questions concerning this application may be directed to Greg
Williams, Senior Regulatory Affairs Analyst, 180 East 100 South, P.O.
Box 45360, Salt Lake City, Utah 84145-0360 or by calling<PHONE_NUMBER>,
801-324-5623 (fax) or by emailing<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.fere.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426. This filing is accessible on-line at http://www.ferc.gov.using
the ``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the web site that enables subscribers to receive email
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on October 18, 2012.

    Dated: September 27, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-24371 Filed 10-2-12; 8:45 am]
BILLING CODE 6717-01-P


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   This .zip file has been sent to the Docket Office for upload to OneDrive
                       IPM Proposed Rule RPE (zip file)
Abstract:  EPA Integrated Planning Model (IPM) Proposed Rule RPE (zip file containing .xlsx file available separately)