[Federal Register: October 2, 2008 (Volume 73, Number 192)]
[Rules and Regulations]
[Page 57248-57259]
[DOCID:fr02oc08-10]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 80

[EPA-HQ-OAR-2005-0161; FRL-8723-3]
RIN 2060-AO80

Regulation of Fuels and Fuel Additives: Modifications to
Renewable Fuel Standard Program Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action on amendments to the
Renewable Fuel Standard program requirements. Following publication of
the final rule promulgating the Renewable Fuel Standard regulations,
EPA discovered a number of technical errors and areas within the
regulations that could benefit from clarification or modification. This
direct final rule amends the regulations to make the appropriate
corrections, clarifications and modifications.

DATES: This direct final rule is effective on December 1, 2008 without
further notice, unless EPA receives adverse comment by November 3,
2008. If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the rule
will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2005-0161, by one of the following methods:
     http://www.regulations.gov. Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>Attention Air and
Radiation Docket ID No. EPA-HQ-OAR-2005-0161.
     Mail: Air and Radiation Docket, Docket No. EPA-HQ-OAR-
2005-0161, Environmental Protection Agency, Mailcode: 6406J, 1200
Pennsylvania Ave., NW., Washington, DC 20460. Please include a total of
2 copies.
     Hand Delivery: EPA Docket Center, EPA/DC, EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC 20460, Attention Air
and Radiation Docket, ID No. EPA-HQ-OAR-2005-0161. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2005-0161. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly

available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available either electronically in
www.regulations.gov or in hard copy at the Air and Radiation Docket,
EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>, and the telephone number for the
Air and Radiation Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Megan Brachtl, Compliance and
Innovative Strategies Division, Office of Transportation and Air
Quality, Mail Code: 6406J, Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460; telephone number: (202)
343-9473; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is EPA Using a Direct Final Rule?

    EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, we are publishing a separate document that will serve as the
proposal to adopt the provisions in this direct final rule if adverse
comments are filed. We will not institute a second comment period on
this action. Any parties interested in commenting must do so at this
time. For further information about commenting on this rule, see the
ADDRESSES section of this document.
    This rule will be effective on December 1, 2008 without further
notice except to the extent we receive adverse comment by November 3,
2008. If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that the
portion of the rule on which adverse comment was received will not take
effect. Any distinct amendment, paragraph, or section of today's rule
for which we do not receive adverse comment will become effective on
the date set out above, notwithstanding any adverse comment on any
other distinct amendment, paragraph, or section of this rule. We will
address all public comments in any subsequent final rule based on the
proposed rule.

II. Does This Action Apply to Me?

    Entities potentially affected by this action include those involved
with the production, distribution and sale of gasoline motor fuel or
renewable fuels such as ethanol and biodiesel. Regulated categories and
entities affected by this action include:

----------------------------------------------------------------------------------------------------------------
                                               NAICS codes                    Examples of potentially regulated
                  Category                         \a\        SIC codes \b\                parties
----------------------------------------------------------------------------------------------------------------
Industry...................................          324110            2911  Petroleum refiners, importers.
Industry...................................          325193            2869  Ethyl alcohol manufacturers.
Industry...................................          325199            2869  Other basic organic chemical
                                                                              manufacturers.
Industry...................................          424690            5169  Chemical and allied products
                                                                              merchant wholesalers.
Industry...................................          424710            5171  Petroleum bulk stations and
                                                                              terminals.
Industry...................................          424720            5172  Petroleum and petroleum products
                                                                              merchant wholesalers.
Industry...................................          454319            5989  Other fuel dealers.
----------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA is now aware
could be potentially regulated by this action. Other types of entities
not listed in the table could also be regulated. To determine whether
your entity is regulated by this action, you should carefully examine
the applicability criteria of Part 80, subparts D, E and F of title 40
of the Code of Federal Regulations. If you have any question regarding
applicability of this action to a particular entity, consult the person
in the preceding FOR FURTHER INFORMATION CONTACT section above.

III. What Should I Consider as I Prepare My Comments for EPA?

    A. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or e-mail. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    B. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Explain your views as clearly as possible, avoiding the
use of profanity or personal threats.
     Make sure to submit your comments by the comment period
deadline identified.
    C. Docket Copying Costs. You may be charged a reasonable fee for
photocopying docket materials, as provided in 40 CFR part 2.

IV. Renewable Fuel Standard Program Amendments

    Following publication of the final Renewable Fuel Standard (RFS)
program regulations (72 FR 23900, May 1, 2007), EPA discovered a number
of areas within the RFS regulations at 40

CFR Part 80, Subpart K that were in error, were unclear, or otherwise
could benefit from modification. We have attempted to clarify some
ambiguities in our Question and Answer document for the RFS program.\1\
However, in some cases we believe it is appropriate to modify the
regulations. As a result, we are making the following amendments to the
RFS regulations in Subpart K.
---------------------------------------------------------------------------

    \1\ See ``Questions and Answers on the Renewable Fuel Standard
Program'' at http://www.epa.gov/otaq/renewablefuels/index.htm#comp.
---------------------------------------------------------------------------

A. Summary of Amendments

    Below is a table listing the provisions that we are amending. Many
of the amendments address grammatical or typographical errors, or
provide minor clarifications. A few amendments are being made in order
to assist regulated entities in complying with the RFS program
requirements and to lessen regulatory requirements where possible
without compromising the goals of the RFS program. We have provided
additional explanation for several of these amendments in sections IV.B
through IV.H below.

                         RFS Program Amendments
------------------------------------------------------------------------
           Section                            Description
------------------------------------------------------------------------
80.1101(d)(2)................  Corrected typographical error.
80.1101(d)(3)................  Clarified that no more than 5 volume
                                percent denaturant may be included in
                                the volume of ethanol produced, imported
                                or exported for purposes of determining
                                compliance with the requirements under
                                this subpart. See Section IV.B.
80.1107(c)...................  Clarified that the gasoline products to
                                be included in an obligated party's
                                Renewable Volume Obligation (RVO)
                                calculation should not be double-
                                counted.
80.1126(a)(1)................   Clarified that this provision pertains
                                to Renewable Identification Number (RIN)
                                generation, not RIN transfers.
80.1126(b)...................   Clarified that renewable fuel producers
                                that are below the 10,000 gallon
                                threshold are exempt from the attest
                                engagement requirements in 80.1164 as
                                well as other reporting and
                                recordkeeping requirements.
80.1126(d)(1)................   Clarified that the RIN that must be
                                generated for each batch of renewable
                                fuel that is produced or imported is a
                                ``batch-RIN.''
80.1127(b)(2)................   Corrected typographical error in deficit
                                carryover equation.
80.1128(a)(5)(ii) and (iii);   Revised this paragraph to allow parties
 removed (a)(5)(iv) and (v).    to use an equivalence value of 2.5 RINs
                                per gallon for any renewable fuel for
                                purposes of calculating the end-of-
                                quarter check. See Section IV.C.
80.1128(a)(6); removed (a)(7)  Deleted. Based on experience with the
                                program to date, we believe this
                                requirement is not necessary to fulfill
                                the goals of the program. See Section
                                IV.D. (Sec.   80.1128(a) has also been
                                renumbered to adjust for this change.)
80.1129(b)(1) and (b)(8).....  Revised to clarify that a party with a
                                small refinery or small refiner
                                exemption may only separate RINs that
                                have been assigned to a volume of
                                renewable fuel that the party blends
                                into motor vehicle fuel.
80.1129(b)(2)................   Revised to clarify that up to 2.5 gallon-
                                RINs may be separated when a volume of
                                renewable fuel is blended into gasoline.
80.1129(b)(4)................   Revised to allow any party to separate
                                the RINs from renewable fuel that it
                                produces or markets for use in motor
                                vehicles in neat form, or uses in motor
                                vehicles in neat form. An oversight in
                                the current regulations only allows this
                                for renewable fuel producers and
                                importers.
80.1129(b)(6)................   Revised to provide that this provision
                                applies only to neat fuel for which an
                                obligated party generates RINs. See
                                Section IV.E.
80.1129(d)...................   Revised to delete the requirement that a
                                separated RIN may not be transferred on
                                a product transfer document that is used
                                to transfer a volume of renewable fuel,
                                since it will be clear from other
                                information required on the product
                                transfer document whether or not any
                                assigned RINs have also been transferred
                                with the fuel.
80.1131(a)(8); removed (b)(4)  Moved the text in paragraph (b)(4) to a
                                new paragraph (a)(8) in order to clarify
                                that a RIN that is transferred to two or
                                more parties is considered an invalid
                                RIN.
80.1132(a), (b) and (c)......  Revised to clarify that the requirements
                                in Sec.   80.1132 apply to fuel that has
                                been disposed of as well as fuel that
                                has been spilled. See Section IV.F.
80.1141(a)(1), 80.1142(a)(1).  Amended to clarify that a refinery with
                                an approved small refinery exemption or
                                a refiner with a small refiner exemption
                                is exempt from requirements that apply
                                to obligated parties during the period
                                of time that the small refinery or small
                                refiner exemption is in effect.
80.1141(a)(1)................   Corrected calendar year reference.
80.1141(a)(4), 80.1142(a)(4).  Revised to clarify that the small
                                refinery and small refiner exemptions
                                only apply to refineries or refiners
                                that process crude oil, or feedstocks
                                derived from crude oil, through refinery
                                processing units.
80.1141(b)(2)(ii)............   Revised in order to clarify that small
                                refinery status can be transferred with
                                the sale of a refinery. Section
                                80.1141(b)(2)(ii) currently requires the
                                owner of a small refinery to submit a
                                letter stating that the company owned
                                the refinery as of the applicable date
                                for eligibility for small refinery
                                status. This provision has been revised
                                to require the letter only to state that
                                the refinery was small as of the
                                applicable date. Thus, any refinery that
                                qualifies for small refinery status
                                retains its status even if the refinery
                                is sold to another company.
80.1142(e)...................   Revised to clarify that a refiner who is
                                disqualified as a small refiner must
                                notify EPA in writing no later than 20
                                days following the disqualifying event.
80.1151(a)(3)(i), (b)(4)(i)    Deleted requirement to retain records of
 and (d)(3)(i).                 ``expired RINs,'' since it is apparent
                                when a RIN has expired from the date of
                                the RIN and information regarding
                                expired RINs is not required to be
                                reported to EPA. See Section IV.G.
80.1152(c)(1)(iii) and (v),    Deleted requirement to report ``expired
 (c)(2).                        RINs,'' since it will be apparent when a
                                RIN has expired from other information
                                provided in the reports. Paragraph
                                (c)(2) has also been renumbered. See
                                Section IV.G.
                               Deleted provisions relating to the
                                submission of transaction and quarterly
                                gallon-RIN reports on a facility-by-
                                facility basis, since RIN trading
                                activities are conducted on a company
                                basis.
80.1153(a)(5)................   Revised to clarify the language required
                                to be included on product transfer
                                documents for transfers of fuel with no
                                assigned RINs.
80.1154(a)(4) and (b)........  Revised to clarify that producers who
                                produce less than 10,000 gallons of
                                renewable fuel per year are exempt from
                                the attest engagement requirements as
                                well as the other recordkeeping and
                                reporting requirements.
80.1160(a), (b)(1), and (f)..  Revised to clarify specific acts that are
                                prohibited under the RFS program.

80.1164......................  Revised to clarify the attest engagement
                                requirements, and, where possible, to
                                modify the requirements to make them
                                less burdensome. See Section IV.H.
80.1165, 80.1166, 80.1167....  Corrected typographical errors.
------------------------------------------------------------------------

B. Amount of Denaturant in Ethanol

    Section 80.1101(d)(3) specifies that ethanol must contain a
denaturant to be covered by the definition of ``renewable fuel'' under
the RFS rule. For purposes of compliance with the RFS, a volume of
ethanol includes the volume of denaturant contained in the ethanol.
Under Sec.  80.1107(d), renewable fuel, including denatured ethanol, is
excluded from the volume of gasoline produced or imported for purposes
of calculating an obligated party's RVO. Under Sec.  80.1130, any
denatured ethanol that is exported is included in the volume of
renewable fuel exported for purposes of calculating the exporter's RVO.
However, the regulations do not specify a maximum limit on the amount
of denaturant that may be included in the volume of ethanol produced,
imported or exported for purposes of these compliance calculations and
other requirements under the RFS rule.
    In promulgating the RFS regulations, we assumed that the amount of
denaturant included in a volume of ethanol normally would not exceed
the industry maximum specification under ASTM D-4806, which is 5
percent. Since the rule was published, it has come to our attention
that larger amounts of gasoline are sometimes used in ethanol as a
denaturant. We believe it is appropriate to limit the amount of
gasoline in ethanol that may be counted as a denaturant to an amount
that reflects the ASTM specification. As indicated above, under the
current regulations, any volume of gasoline contained in ethanol as a
denaturant is excluded from an obligated party's volume of gasoline
produced or imported for purposes of calculating the party's RVO. As a
result, an obligated party is not prohibited from adding large amounts
of gasoline to imported ethanol to avoid including the gasoline in its
RVO calculation, and, at the same time, increase the volume of
renewable fuel for which RINs could be generated. Therefore, we are
amending the RFS regulations to specify a limit of 5 volume percent
denaturant that may be included in a volume of ethanol for purposes of
determining compliance with requirements under the RFS rule.

C. Equivalence Values for End-of-Quarter Check

    Section 80.1128(a)(5) provides that any party who owns assigned
RINs must demonstrate that the sum of all assigned gallon-RINs that the
party owns at the end of a quarter does not exceed the sum of all
volumes of renewable fuel the party owns at the end of the quarter
multiplied by their respective equivalence values. Section
80.1128(a)(4) allows a party to transfer to another party up to 2.5
assigned RINs per gallon of any renewable fuel. Therefore, in some
cases, a party could receive fuel with more assigned RINs than would be
calculated for that volume of fuel using its equivalence value. As a
result, the party could be out of compliance with the end-of-quarter
check requirement in Sec.  80.1128(a)(5), unless the party had enough
fuel to sell with the excess RINs by the end of the quarter. For
example, a marketer that receives a gallon of biodiesel with 2.5
assigned gallon-RINs must calculate compliance with Sec.  80.1128(a)(5)
based on the equivalence value of the biodiesel, which is 1.5. If this
were the marketer's only transaction, the marketer would be out of
compliance at the end of the quarter since he would have an excess of
1.0 assigned gallon-RINs. To remedy this situation, we are amending
Sec.  80.1128(a)(5) to allow an equivalence value of 2.5 to be used for
any volume of renewable fuel for purposes of calculating compliance
with the end-of-quarter check requirement in Sec.  80.1128(a)(5).

D. RIN Transfer Requirements for Producers and Importers

    The RFS program allows any party that receives assigned RINs with
renewable fuel to thereafter transfer anywhere from zero to 2.5 gallon-
RINs with each gallon of renewable fuel. This provision provides the
flexibility to transfer more assigned RINs with some volumes and fewer
assigned RINs with other volumes depending on the business
circumstances of the transaction and the number of RINs that the seller
has available.
    However, this level of flexibility could contribute to short-term
hoarding on the part of producers and importers of renewable fuel. As a
result, we implemented a provision at Sec.  80.1128(a)(6) that requires
producers and importers to transfer assigned gallon-RINs with gallons
such that the ratio of assigned gallon-RINs to gallons is equal to the
equivalence value for the renewable fuel. In effect, this requires
renewable fuel producers and importers to transfer every single batch
of renewable fuel with all assigned RINs generated for that batch. We
have interpreted this provision as applying only to producers and
importers who only sell renewable fuel that they produce or import
themselves. It does not apply to producers or importers that are also
marketers of renewable fuel produced or imported by another party.
    Since the start of the RFS program, there have been numerous
circumstances in which parties who purchase renewable fuel from a
producer or importer wanted to avoid the registration, recordkeeping
and reporting requirements of the program. To do this, they had to
avoid taking ownership of RINs. In some cases the producer or importer
has accommodated such parties by taking ownership of renewable fuel
from another party, thereby becoming a marketer who is not subject to
Sec.  80.1128(a)(6). However, this has not always been possible, and in
such cases the purchaser has been forced to seek out alternative
sources of renewable fuel. This latter outcome is inconsistent with one
of our goals for the RFS program--structuring the program so it would
have only a minimal effect on common business practices.
    After further consideration, we do not believe that producers and
importers of renewable fuel should be required to transfer all RINs
generated with every batch of renewable fuel that is produced. Instead,
we believe that it should be sufficient that they comply with the end-
of-quarter check in Sec.  80.1128(a)(5) and the restriction in that
section on the number of gallon-RINs that can be transferred with each
gallon. This change recognizes that most producers and importers can
already avoid the limitations of Sec.  80.1128(a)(6) by buying a small
quantity of renewable fuel from another party and thereby becoming a
marketer. The change would also have minimal impact on the transfer of
RINs with volume, as

producers and importers would be limited in the number of RINs they
could hold onto given the end-of-quarter check. As a result, we are
amending the regulations to delete the provisions contained in Sec.
80.1128(a)(6).

E. RINs That an Obligated Party Generates

    Section 80.1129(b)(1) provides that an obligated party must
separate any RINs that have been assigned to a volume of renewable fuel
that the obligated party owns. An exception to this requirement is
provided in Sec.  80.1129(b)(6) for obligated parties who also generate
RINs. Under this provision, an obligated party who generates RINs may
separate such RINs from volumes of renewable fuel only up to the level
of gallon-RINs of the party's RVO. The limitation in Sec.
80.1129(b)(6) was included in the regulations to prevent a renewable
fuel producer from importing a small amount of gasoline, which would
qualify the producer as an obligated party, in order to separate the
RINs from all of the renewable fuel that the party produced.
    It has come to our attention that the limitation in Sec.
80.1129(b)(6) may be problematic in situations where a party imports
gasoline that contains renewable fuel. Under Sec.  80.1126(d), RINs
must be generated for any renewable fuel that is imported, including
any renewable fuel contained in imported gasoline. For example, if a
party imports 100 gallons of E10, the party would be required to
generate RINs for the volume of ethanol in the E10, which would be 10
gallon-RINs. The party also would calculate its RVO based on the
applicable RFS standard, which for 2008 is 7.76%. The standard as
applied to the gasoline part of the volume of imported E10 in the
example would result in an RVO of 6.98 gallon-RINs (7.76% x 90
gallons). Since the party would be able to separate RINs only up to the
party's RVO, or 6.98 gallon-RINs, the party would have 3.02 assigned
gallon-RINs which could not be separated. Under Sec.  80.1128(a)(5),
each party that owns assigned RINs must demonstrate that the party does
not own more assigned gallon-RINs at the end of each quarter than the
amount of renewable fuel in the party's inventory, multiplied by its
equivalence value. In the example above, the party would own 3.02
assigned gallon-RINs at the end of the quarter, but would not have any
renewable fuel in its inventory. As a result, the party would not be in
compliance with the requirement in Sec.  80.1128(a)(5).
    To address this situation, this rule modifies the regulations to
apply the limitation in Sec.  80.1129(b)(6) only to neat renewable fuel
for which the party generates RINs and not to renewable fuel already
blended in gasoline. Thus, in the example above, the party would
generate 10 gallon-RINs for the ethanol contained in the E10 and the
party's RVO would be 6.98 gallon-RINs, but the party would be able to
separate all of the 10 gallon-RINs from the fuel. The party then would
have no assigned RINs at the end of the quarter and would not be in
violation of the requirement in Sec.  80.1128(a)(5). If the party in
our example imported 100 gallons of non-ethanol gasoline and 10 gallons
of neat renewable fuel, the party would generate 10 gallon-RINs, but
could only separate RINs up to the party's RVO, which be 7.76 gallon-
RINs (7.76% x 100 gallons). As a result, the party would have 2.24
assigned gallon-RINs left, but would also have 10 gallons of renewable
fuel in its inventory, and, therefore, the party would be in compliance
with the requirement in Sec.  80.1128(a)(5).

F. Renewable Fuel That Has Been Disposed Of

    Under Sec.  80.1132, in the event of a spillage of renewable fuel
that is required by a Federal, State or local authority to be reported,
the owner of the renewable fuel must retire an appropriate number of
gallon-RINs. Since the RFS rule was promulgated, it has come to our
attention that disposal of renewable fuel may also be required to be
reported to a government authority. We believe it is appropriate to
treat such disposals of renewable fuel in the same manner as spillages
of renewable fuel, since in both situations the fuel will not
ultimately be used in motor vehicle fuel. As a result, Sec.  80.1132
has been amended to apply to reportable disposals of renewable fuel as
well as reportable spillages of renewable fuel.

G. Elimination Of Expired RIN Category

    Under Sec.  80.1127(a)(3), RINs may only be used to demonstrate
compliance with the RVO for the calendar year in which they were
generated or the following year. Therefore, after two years, RINs have
no value and are deemed to have expired. The regulations currently
require information regarding expired RINs to be retained and included
in the reports submitted to EPA. However, since EPA will know from the
information contained in the RIN when the RIN was generated, EPA will
also know when the RIN has expired. Therefore, we have determined that
the requirements to retain records of expired RINs and to include
information regarding expired RINs in the reports submitted to EPA are
unnecessary, and, as a result, we are amending the regulations to
eliminate the requirements to retain records and report information
regarding expired RINs.

H. Attest Engagements

    This rule makes several revisions to the attest engagement
provisions in Sec.  80.1164 in order to correct minor technical errors,
clarify the procedures required to be fulfilled by the attest auditor,
and, where possible, revise the procedures to make them less burdensome
without compromising the goals of the program. For audits of the
obligated party compliance demonstration reports, the rule is revised
to require the attest auditor to calculate the total number of RINs
used for compliance by year of generation and reconcile that total with
the information reported to EPA rather than calculating and reporting
as a finding all RINs used for compliance. For audits of the RIN
transaction and RIN activity reports, the rule is revised to clarify
the type of documentation that is required to be provided to the attest
auditor for purposes of verifying the information contained in the
reports. The rule is also revised to require the attest auditor to
review product transfer documents (PTDs) for a representative sample of
RINs used for compliance and for a representative sample of renewable
fuel batches that any party sells to another party. Under the current
regulations, the auditor is required to review PTDs for each batch of
renewable fuel produced or imported by a renewable fuel producer or
importer, which we believe is unnecessarily burdensome, and does not
require review of PTDs generated by other parties. In addition, the
rule is revised to provide that the documentation required for the
attest audit of the RIN activity reports must include, for owners of
assigned RINs, the volume of renewable fuel owned at the end of the
quarter in order to verify the accuracy of information relating to
compliance with the end-of-quarter inventory check in Sec.
80.1128(a)(5). The rule adds a requirement that a company
representative must provide the attest auditor with a written
representation that the copies of the EPA reports provided to the
auditor are complete and accurate copies of the reports. This is a
requirement for attest procedures under other fuels programs and
omission of this requirement in the RFS rule was an oversight. The rule
also includes a provision which requires the attest auditor to identify
the commercial computer program used by the regulated party to track
the data required for

purposes of compliance with the RFS requirements.

V. Relationship to the Energy Independence and Security Act of 2007

    The Energy Independence and Security Act of 2007 (EISA) amended
Clean Air Act section 211(o) in many respects, including requiring a
substantially greater volume of renewable fuel use in the future. EPA
is currently developing implementing regulations for this new
legislation. EISA also included language addressing the transition
period between its enactment and the time when new regulations are
promulgated. EISA Section 210(a)(2) provides that ``[u]ntil January 1,
2009, the Administrator of the Environmental Protection Agency shall
implement section 211(o) of the Clean Air Act and the rules promulgated
under that section in accordance with the provisions of that section as
in effect before the enactment of this Act and in accordance with the
rules promulgated before the enactment of this Act,'' with certain
exceptions. EPA believes that the intent of this transition provision
of EISA was to maintain the fundamental program components and
requirements of the existing regulations, but that it does not limit
EPA's ability to make minor programmatic changes that ease the
administration and implementation of the current program. Accordingly,
EPA views the changes made today to the 211(o) regulations to be ``in
accordance'' with the regulations in effect when EISA was enacted, and
will implement the amended regulations upon their effective date.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether the regulatory action is ``significant''
and therefore subject to OMB review and the requirements of the
Executive Order. The Order defines ``significant regulatory action'' as
one that is likely to result in a rule that may:
    (1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
    (2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
    (3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
    (4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
    It has been determined that this action is not a ``significant
regulatory action'' under the terms of Executive Order 12866 and is
therefore not subject to OMB review. This direct final rule simply
makes minor technical changes to the RFS regulations and modifies the
requirements to make them less burdensome for regulated parties where
possible.

B. Paperwork Reduction Act

    This action does not impose any new information collection burden.
This action makes minor technical corrections to the regulations and
modifies certain requirements to lessen the burden on related parties
while maintaining the overall goals of the program. None of the changes
in the rule require any additional information collection burdens. The
Office of Management and Budget (OMB) has previously approved the
information collection requirements contained in the existing
regulations 40 CFR part 80, subpart K, under the provisions of the
Paperwork Reduction Act, 44 U.S.C. 3501 et seq. and has assigned OMB
control number 2060-0600. The OMB control numbers for EPA's regulations
in 40 CFR are listed in 40 CFR part 9.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) A small business as defined
by the Small Business Administration's (SBA) regulations at 13 CFR
121.201; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field.
    After considering the economic impacts of today's direct final rule
on small entities, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
In determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    This action makes minor technical corrections to the regulations
and modifies certain requirements to lessen the burden on regulated
parties while maintaining the overall goals of the program. We have
therefore concluded that today's direct final rule will relieve
regulatory burden for affected small entities.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and tribal
governments, in the aggregate, or the private sector in any one year.
This action makes minor technical corrections to the RFS regulations
and modifies certain provisions to lessen the requirements for
regulated parties. As a result, this rule will have the overall effect
of reducing the burden of the RFS regulations on regulated parties.
Thus, this rule is not subject to the requirements of sections 202 or
205 of UMRA.
    This rule is also not subject to the requirements of section 203 of
UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. It only applies to
gasoline and renewable fuel producers, importers, distributors and
marketers and makes minor corrections and modifications to the RFS
regulations.

E. Executive Order 13132 (Federalism)

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have

federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on the States, on
the relationship between the national government and the States, or on
the distribution of power and responsibilities among the various levels
of government.''
    This direct final rule does not have federalism implications. It
will not have substantial direct effects on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government, as specified in Executive Order 13132. This action makes
minor technical corrections and modifications to existing regulations
in order to lessen the burden on related parties. Thus, Executive Order
13132 does not apply to this rule.

F. Executive Order 13175 (Consultation and Coordination With Indian
Tribal Governments)

    This direct final rule does not have tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000). It
applies to gasoline and renewable fuel producers, importers,
distributors and marketers. This action makes minor corrections and
modifications to the RFS regulations, and does not impose any
enforceable duties on communities of Indian tribal governments. Thus,
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern health or
safety risks, such that the analysis required under section 5-501 of
the Executive Order has the potential to influence the regulation. This
action is not subject to Executive Order 13045 because it does not
establish an environmental standard intended to mitigate health or
safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not subject to Executive Order 13211 (66 FR 18355 (May
22, 2001)), because it is not a significant regulatory action under
Executive Order 12866.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, section 12(d) (15 U.S.C.
272 note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
    This action does not involve technical standards. Therefore, EPA
did not consider the use of any voluntary consensus standards.

J. Executive Order 12898: Federal Actions to Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this direct final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it does not
affect the level of protection provided to human health or the
environment. These technical amendments do not relax the control
measures on sources regulated by the RFS regulations and therefore will
not cause emissions increases from these sources.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

L. Clean Air Act Section 307(d)

    This rule is subject to Section 307(d) of the CAA. Section
307(d)(7)(B) provides that ``[o]nly an objection to a rule or procedure
which was raised with reasonable specificity during the period for
public comment (including any public hearing) may be raised during
judicial review.'' This section also provides a mechanism for the EPA
to convene a proceeding for reconsideration, ``[i]f the person raising
an objection can demonstrate to the EPA that it was impracticable to
raise such objection within [the period for public comment] or if the
grounds for such objection arose after the period for public comment
(but within the time specified for judicial review) and if such
objection is of central relevance to the outcome of the rule.'' Any
person seeking to make such a demonstration to the EPA should submit a
Petition for Reconsideration to the Office of the Administrator, U.S.
EPA, Room 3000, Ariel Rios Building, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460, with a copy to both the person(s) listed in the
preceding FOR FURTHER INFORMATION CONTACT section, and the Director of
the Air and Radiation Law Office, Office of General Counsel (Mail Code
2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

List of Subjects in 40 CFR Part 80

    Environmental protection, Fuel additives, Gasoline, Imports, Motor
vehicle pollution, Reporting and recordkeeping requirements.

    Dated: September 25, 2008.
Stephen L. Johnson,
Administrator.

0
40 CFR part 80 is amended as follows:

PART 80--REGULATION OF FUEL AND FUEL ADDITIVES

0
1. The authority citation for part 80 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7542, 7545, and 7601(a).

0
2. Section 80.1101 is amended by revising paragraphs (d)(2) and (d)(3)
to read as follows:

Sec.  80.1101  Definitions.

* * * * *
    (d) * * *
    (2) The term ``Renewable fuel'' includes cellulosic biomass
ethanol, waste derived ethanol, biodiesel (mono-alkyl ester), non-ester
renewable diesel, and blending components derived from renewable fuel.
    (3) Ethanol covered by this definition shall be denatured as
required and defined in 27 CFR parts 20 and 21. Any volume of
denaturant in ethanol in excess of 5 volume percent shall not be
included in the volume of ethanol for purposes of determining
compliance with the requirements under this subpart.
* * * * *
0
3. Section 80.1107 is amended by revising paragraph (c) introductory
text to read as follows:

Sec.  80.1107  How is the Renewable Volume Obligation calculated?

* * * * *
    (c) All of the following products that are produced or imported
during a compliance period, collectively called ``gasoline'' for
purposes of this section (unless otherwise specified), are to be
included (but not double-counted) in the volume used to calculate a
party's renewable volume obligation under paragraph (a) of this
section, except as provided in paragraph (d) of this section:
* * * * *
0
4. Section 80.1126 is amended by revising paragraphs (a)(1), (b) and
(d)(1) to read as follows:

Sec.  80.1126  How are RINs generated and assigned to batches of
renewable fuel by renewable fuel producers and importers?

    (a) * * *
    (1) Except as provided in paragraph (b) of this section, a batch
RIN must be generated by a renewable fuel producer or importer for
every batch of renewable fuel produced by a facility located in the
contiguous 48 states of the United States, or imported into the
contiguous 48 states.
* * * * *
    (b) Volume threshold. Renewable fuel producers located within the
United States that produce less than 10,000 gallons of renewable fuel
each year, and importers that import less than 10,000 gallons of
renewable fuel each year, are not required to generate and assign RINs
to batches of renewable fuel. Such producers and importers are also
exempt from the registration, reporting, and recordkeeping requirements
of Sec. Sec.  80.1150-80.1152, and the attest engagement requirements
of Sec.  80.1164. However, for such producers and importers that
voluntarily generate and assign RINs, all the requirements of this
subpart apply.
* * * * *
    (d) * * *
    (1) Except as provided in paragraph (b) of this section, the
producer or importer of a batch of renewable fuel must generate a
batch-RIN for that batch, including any renewable fuel contained in
imported gasoline.
* * * * *
0
5. Section 80.1127 is amended by revising paragraph (b)(2) to read as
follows:

Sec.  80.1127  How are RINs used to demonstrate compliance?

* * * * *
    (b) * * *
    (2) A deficit is calculated according to the following formula:

Di = RVOi = [([Sigma]RINNUM)i +
([Sigma]RINNUM)i-1]

Where:

Di = The deficit, in gallons, generated in calendar year
i that must be carried over to year i+1 if allowed to do so pursuant
to paragraph (b)(1)(i) of this section.
RVOi = The Renewable Volume Obligation for the obligated
party or renewable fuel exporter for calendar year i, in gallons.
([Sigma]RINNUM)i = Sum of all acquired gallon-RINs that
were generated in year i and are being applied towards the
RVOi, in gallons.
([Sigma]RINNUM)i-1 = Sum of all acquired gallon-RINs that
were generated in year i-1 and are being applied towards the
RVOi, in gallons.

0
6. Section 80.1128 is amended as follows:
0
a. By revising paragraphs (a)(5)(ii) and (a)(5)(iii).
0
b. By removing paragraphs (a)(5)(iv) and (a)(5)(v).
0
c. By revising paragraph (a)(6).
0
d. By removing paragraph (a)(7).

Sec.  80.1128  General requirements for RIN distribution.

    (a) * * *
    (5) * * *
    (ii) The equivalence value EVi for use in the equation in paragraph
(a)(5)(i) of this section for any volume of renewable fuel shall be
2.5.
    (iii) The applicable dates are March 31, June 30, September 30, and
December 31. For 2007 only, the applicable dates are September 30 and
December 31.
    (6) Any transfer of ownership of assigned RINs must be documented
on product transfer documents generated pursuant to Sec.  80.1153.
    (i) The RIN must be recorded on the product transfer document used
to transfer ownership of the RIN and the volume to another party; or
    (ii) The RIN must be recorded on a separate product transfer
document transferred to the same party on the same day as the product
transfer document used to transfer ownership of the volume of renewable
fuel.
* * * * *
0
7. Section 80.1129 is amended as follows:
0
a. By revising paragraphs (b)(1), (b)(2), (b)(4) and (b)(6).
0
b. By adding paragraph (b)(8).
0
c. By revising paragraph (d).

Sec.  80.1129  Requirements for separating RINs from volumes of
renewable fuel.

* * * * *
    (b) * * *
    (1) Except as provided in paragraphs (b)(6) and (b)(8) of this
section, a party that is an obligated party according to Sec.  80.1106
must separate any RINs that have been assigned to a volume of renewable
fuel if they own that volume.
    (2) Except as provided in paragraph (b)(5) of this section, any
party that owns a volume of renewable fuel must separate any RINs that
have been assigned to that volume once the volume is blended with
gasoline or diesel to produce a motor vehicle fuel. A party may
separate up to 2.5 RINs per gallon of fuel that is blended.
* * * * *
    (4) Any person that produces, imports, owns, sells or uses a volume
of renewable fuel may separate any RINs that have been assigned to that
volume of renewable fuel if the person designates the renewable fuel as
motor vehicle fuel and the renewable fuel is used as a motor vehicle
fuel.
* * * * *
    (6) For RINs that an obligated party generates from renewable fuel
that has not been blended into gasoline, the obligated party can only
separate such RINs from volumes of renewable fuel if the number of
gallon-RINs separated is less than or equal to its annual RVO.
* * * * *
    (8) For a party that has received a small refinery exemption under
Sec.  80.1141 or a small refiner exemption under Sec.  80.1142, during
the period of time that the small refinery or small refiner exemption
is in effect, the party may only separate RINs that have been assigned
to volumes of renewable fuel that the party blends into motor vehicle
fuel.
* * * * *
    (d) Upon and after separation of a RIN from its associated volume,
product transfer documents used to transfer ownership of the volume
must continue

to meet the requirements of Sec.  80.1153(a)(5)(iii).
* * * * *
0
8. Section 80.1131 is amended by adding paragraph (a)(8) and removing
paragraph (b)(4) to read as follows:

Sec.  80.1131  Treatment of invalid RINs.

    (a) * * *
    (8) In the event that the same RIN is transferred to two or more
parties, all such RINs will be deemed to be invalid, unless EPA in its
sole discretion determines that some portion of these RINs is valid.
* * * * *
0
9. Section 80.1132 is amended as follows:
0
a. By revising the section heading.
0
b. By revising paragraph (a).
0
c. By revising paragraph (b) introductory text.
0
d. By revising paragraph (c).

Sec.  80.1132  Reported spillage or disposal of renewable fuel.

    (a) A reported spillage or disposal under this subpart means a
spillage or disposal of renewable fuel associated with a requirement by
a federal, state or local authority to report the spillage or disposal.
    (b) Except as provided in paragraph (c) of this section, in the
event of a reported spillage or disposal of any volume of renewable
fuel, the owner of the renewable fuel must retire a number of gallon-
RINs corresponding to the volume of spilled or disposed of renewable
fuel multiplied by the lesser of its equivalence value or the number of
RINs received with the spilled or disposed fuel, not to exceed 2.5 RINs
per gallon.
* * * * *
    (c) If the owner of a volume of renewable fuel that is spilled or
disposed of and reported establishes that no RINs were generated to
represent the volume, then no gallon-RINs shall be retired.
* * * * *
0
10. Section 80.1141 is amended by revising paragraph (a)(1), adding
paragraph (a)(4), and revising paragraph (b)(2)(ii) to read as follows:

Sec.  80.1141  Small refinery exemption.

    (a)(1) Gasoline produced at a refinery by a refiner, or foreign
refiner (as defined at Sec.  80.1165(a)), is exempt from the renewable
fuel standards of Sec.  80.1105 and the requirements that apply to
obligated parties under this subpart if that refinery meets the
definition of a small refinery under Sec.  80.1101(g) for calendar year
2004.
* * * * *
    (4) This exemption shall only apply to refineries that process
crude oil, or feedstocks derived from crude oil, through refinery
processing units.
    (b) * * *
    (2) * * *
    (ii) A letter signed by the president, chief operating or chief
executive officer of the company, or his/her designee, stating that the
information contained in the letter is true to the best of his/her
knowledge, and that the refinery was small as of December 31, 2004.
* * * * *
0
11. Section 80.1142 is amended by revising paragraph (a)(1)
introductory text, adding paragraph (a)(4), and revising paragraph (e)
to read as follows:

Sec.  80.1142  What are the provisions for small refiners under the RFS
program?

    (a)(1) Gasoline produced by a refiner, or foreign refiner (as
defined at Sec.  80.1165(a)), is exempt from the renewable fuel
standards of Sec.  80.1105 and the requirements that apply to obligated
parties under this subpart if the refiner or foreign refiner does not
meet the definition of a small refinery under Sec.  80.1101(g) but
meets all of the following criteria:
* * * * *
    (4) This exemption shall only apply to refineries that process
crude oil, or feedstocks derived from crude oil, through refinery
processing units.
* * * * *
    (e) A refiner who qualifies as a small refiner under this section
and subsequently fails to meet all of the qualifying criteria as set
out in paragraph (a) of this section will have its small refiner
exemption terminated effective January 1 of the next calendar year.
    (1) In the event such disqualification occurs, the refiner shall
notify EPA in writing no later than 20 days following the disqualifying
event.
    (2) Disqualification under this paragraph (e) shall not apply in
the case of a merger between two approved small refiners.
* * * * *
0
12. Section 80.1151 is amended by revising paragraphs (a)(3)(i),
(b)(4)(i), and (d)(3)(i) to read as follows:

Sec.  80.1151  What are the recordkeeping requirements under the RFS
program?

    (a) * * *
    (3) * * *
    (i) A list of the RINs owned, purchased, sold, or retired.
* * * * *
    (b) * * *
    (4) * * *
    (i) A list of the RINs owned, purchased, sold, or retired.
* * * * *
    (d) * * *
    (3) * * *
    (i) A list of the RINs owned, purchased, sold or retired.
* * * * *
0
13. Section 80.1152 is amended by removing and reserving paragraph
(c)(1)(iii), and revising paragraphs (c)(1)(v) and (c)(2) to read as
follows:

Sec.  80.1152  What are the reporting requirements under the RFS
program?

* * * * *
    (c) * * *
    (1) * * *
    (iii) [Reserved]
* * * * *
    (v) Transaction type (RIN purchase, RIN sale, retired RIN).
* * * * *
    (2) A quarterly gallon-RIN activity report shall be submitted to
EPA according to the schedule specified in paragraph (d) of this
section. Each report shall summarize gallon-RIN activities for the
reporting period, separately for RINs assigned to a renewable fuel
volume and RINs separated from a renewable fuel volume. The quarterly
gallon-RIN activity report shall include all of the following
information:
    (i) The submitting party's name.
    (ii) The party's EPA company registration number.
    (iii) The number of current-year gallon-RINs owned at the start of
the quarter.
    (iv) The number of prior-year gallon-RINs owned at the start of the
quarter.
    (v) The total current-year gallon-RINs purchased.
    (vi) The total prior-year gallon-RINs purchased.
    (vii) The total current-year gallon-RINs sold.
    (viii) The total prior-year gallon-RINs sold.
    (ix) The total current-year gallon-RINs retired.
    (x) The total prior-year gallon-RINs retired.
    (xi) The number of current-year gallon-RINs owned at the end of the
quarter.
    (xii) The number of prior-year gallon-RINs owned at the end of the
quarter.
    (xiii) For parties reporting gallon-RIN activity under this
paragraph for RINs assigned to a volume of renewable fuel, the total
volume of renewable fuel (in gallons) owned at the end of the quarter.
    (xiv) Any additional information that the Administrator may
require.
* * * * *

0
14. Section 80.1153 is amended by revising paragraph (a)(5)(iii) to
read as follows:

Sec.  80.1153  What are the product transfer document (PTD)
requirements for the RFS program?

    (a) * * *
    (5) * * *
    (iii) If no assigned RINs are being transferred with the renewable
fuel, the PTD which is used to transfer ownership of the renewable fuel
shall state ``No assigned RINs transferred''.
* * * * *
0
15. Section 80.1154 is amended by adding paragraph (a)(4) and revising
paragraph (b) to read as follows:

Sec.  80.1154  What are the provisions for renewable fuel producers and
importers who produce or import less than 10,000 gallons of renewable
fuel per year?

    (a) * * *
    (4) The attest engagement requirements of Sec.  80.1164.
    (b) Renewable fuel producers and importers who produce or import
less than 10,000 gallons of renewable fuel each year and that generate
and/or assign RINs to batches of renewable fuel are subject to the
provisions of Sec. Sec.  80.1150 through 80.1152, and Sec.  80.1164.
0
16. Section 80.1160 is amended by revising paragraphs (a) and (b)(1),
and by adding paragraph (f) to read as follows:

Sec.  80.1160  What acts are prohibited under the RFS program?

    (a) Renewable fuel producer or importer violation. Except as
provided in Sec.  80.1154, no person shall produce or import a
renewable fuel without generating a batch-RIN as required under Sec.
80.1126.
    (b) * * *
    (1) Improperly generate a RIN (e.g., generate a RIN for which the
applicable renewable fuel volume was not produced).
* * * * *
    (f) Failure to meet a requirement. No person shall fail to meet any
requirement that applies to that person under this subpart.
0
17. Section 80.1164 is amended as follows:
0
a. By revising paragraphs (a)(1)(ii) through (a)(1)(v).
0
b. By adding paragraphs (a)(1)(vi) through (a)(1)(viii).
0
c. By revising paragraphs (a)(2)(i) and (a)(2)(ii).
0
d. By adding paragraph (a)(2)(iii).
0
e. By revising paragraph (a)(3)(ii).
0
e. By revising paragraphs (b)(1)(ii) through (b)(1)(iv).
0
f. By revising paragraphs (b)(2)(i) and (b)(2)(ii).
0
g. By adding paragraph (b)(2)(iii).
0
h. By revising paragraph (b)(3)(ii).
0
i. By revising paragraphs (c)(1)(i) and (c)(1)(ii).
0
j. By adding paragraph (c)(1)(iii).
0
k. By revising paragraph (c)(2)(ii).
0
l. By adding paragraphs (e) and (f).

Sec.  80.1164  What are the attest engagement requirements under the
RFS program?

* * * * *
    (a) * * *
    (1) * * *
    (ii) Obtain documentation of any volumes of renewable fuel used in
gasoline at the refinery or import facility or exported during the
reporting year; compute and report as a finding the total volumes of
renewable fuel represented in these documents.
    (iii) Compare the volumes of gasoline reported to EPA in the report
required under Sec.  80.1152(a)(1) with the volumes, excluding any
renewable fuel volumes, contained in the inventory reconciliation
analysis under Sec.  80.133, and verify that the volumes reported to
EPA agree with the volumes in the inventory reconciliation analysis.
    (iv) Compute and report as a finding the obligated party's or
exporter's RVO, and any deficit RVO carried over from the previous year
or carried into the subsequent year, and verify that the values agree
with the values reported to EPA.
    (v) Obtain the database, spreadsheet, or other documentation for
all RINs used for compliance during the year being reviewed; calculate
the total number of RINs used for compliance by year of generation
represented in these documents; state whether this information agrees
with the report to EPA and report as a finding any exceptions.
    (vi) Identify a representative sample, selected in accordance with
the guidelines in Sec.  80.127, of RINs used for compliance during the
year being reviewed.
    (vii) Obtain contracts, invoices or other documentation for RINs in
the representative sample obtained in paragraph (a)(1)(vi) of this
section, and the product transfer documents for the RINs in the
representative sample; state whether the information in these documents
agrees with the information in the party's report to EPA and report as
a finding any exceptions.
    (viii) Verify that the product transfer documents for the
representative sample of RINs used for compliance contain the
applicable information required under Sec.  80.1153 and report as a
finding any product transfer document that does not contain the
required information; verify the accuracy of the information contained
in the product transfer documents for the representative sample and
report as a finding any exceptions.
    (2) * * *
    (i) Identify a representative sample, selected in accordance with
the guidelines in Sec.  80.127, separately for each RIN transaction
type (RINs purchased, RINs sold, RINs retired) included in the RIN
transaction reports required under Sec.  80.1152(a)(2) for the
compliance year.
    (ii) Obtain contracts, invoices, or other documentation for each of
the representative samples of RIN transactions, and the product
transfer documents for each of the representative samples of RIN
transactions; compute the transaction types, transaction dates, and
RINs traded; state whether the information agrees with the party's
reports to EPA and report as a finding any exceptions.
    (iii) Verify that the product transfer documents for the
representative sample of RINs sold and the representative sample of
RINs purchased contain the applicable information required under Sec.
80.1153 and report as a finding any product transfer document that does
not contain the required information; verify the accuracy of the
information contained in the product transfer documents for the
representative samples and report as a finding any exceptions.
    (3) * * *
    (ii) Obtain the database, spreadsheet, or other documentation used
to generate the information in the gallon-RIN activity reports; compare
the RIN transaction samples reviewed under paragraph (a)(2) of this
section with the corresponding entries in the database or spreadsheet
and report as a finding any discrepancies; compute the total number of
current-year and prior-year gallon-RINs owned at the start and end of
the quarter, purchased, sold and retired, and for parties that reported
gallon-RIN activity for RINs assigned to a volume of renewable fuel,
the volume of renewable fuel owned at the end of the quarter, as
represented in these documents; and state whether this information
agrees with the party's reports to EPA.
    (b) * * *
    (1) * * *
    (ii) Obtain production data for each renewable fuel batch produced
or imported during the year being reviewed; compute the RIN numbers,
production dates, types, volumes of denaturant and applicable
equivalence values, and production volumes for each batch; state
whether this

information agrees with the party's reports to EPA and report as a
finding any exceptions.
    (iii) Verify that the proper number of RINs were generated and
assigned for each batch of renewable fuel produced or imported, as
required under Sec.  80.1126.
    (iv) Identify a representative sample, selected in accordance with
the guidelines in Sec.  80.127, of renewable fuel batches produced or
imported during the year being reviewed; obtain product transfer
documents for the representative sample; verify that the product
transfer documents contain the applicable information required under
Sec.  80.1153; verify the accuracy of the information contained in the
product transfer documents; report as a finding any product transfer
document that does not contain the applicable information required
under Sec.  80.1153.
    (2) * * *
    (i) Identify a representative sample, selected in accordance with
the guidelines in Sec.  80.127, separately for each transaction type
(RINs purchased, RINs sold, RINs retired) included in the RIN
transaction reports required under Sec.  80.1152(b)(2) for the
compliance year.
    (ii) Obtain contracts, invoices, or other documentation for each of
the representative samples of RIN transactions, and the product
transfer documents for each of the representative samples of RIN
transactions; compute the transaction types, transaction dates, and the
RINs traded; state whether this information agrees with the party's
reports to EPA and report as a finding any exceptions.
    (iii) Verify that the product transfer documents for the
representative sample of RINs sold and the representative sample of
RINs purchased contain the applicable information required under Sec.
80.1153 and report as a finding any product transfer document that does
not contain the required information; verify the accuracy of the
information contained in the product transfer documents for the
representative samples and report as a finding any exceptions.
    (3) * * *
    (ii) Obtain the database, spreadsheet, or other documentation used
to generate the information in the gallon-RIN activity reports; compare
the RIN transaction samples reviewed under paragraph (b)(2) of this
section with the corresponding entries in the data base or spreadsheet
and report as a finding any discrepancies; compute the total number of
current-year and prior-year gallon-RINs owned at the start and end of
the quarter, purchased, sold and retired, and for parties that reported
gallon-RIN activity for RINs assigned to a volume of renewable fuel,
the volume of renewable fuel owned at the end of the quarter, as
represented in these documents; and state whether this information
agrees with the party's reports to EPA.
    (c) * * *
    (1) * * *
    (i) Identify a representative sample, selected in accordance with
the guidelines in Sec.  80.127, separately for each RIN transaction
type (RINs purchased, RINs sold, RINs retired) included in the RIN
transaction reports required under Sec.  80.1152(c)(1) for the
compliance year.
    (ii) Obtain contracts, invoices, or other documentation for the
representative samples of RIN transactions, and the product transfer
documents for the representative samples of RIN transactions; compute
the transaction types, transaction dates, and the RINs traded; state
whether this information agrees with the party's reports to EPA and
report as a finding any exceptions.
    (iii) Verify that the transfer documents for the representative
sample of RINs sold and the representative sample of RINs purchased
contain the applicable information required under Sec.  80.1153 and
report as a finding any product transfer document that does not contain
the required information; verify the accuracy of the information
contained in the product transfer documents for the representative
samples and report as a finding any exceptions.
    (2) * * *
    (ii) Obtain the database, spreadsheet, or other documentation used
to generate the information in the gallon-RIN activity reports; compare
the RIN transaction samples reviewed under paragraph (c)(1) of this
section with the corresponding entries in the data base or spreadsheet
and report as a finding any discrepancies; compute the total number of
current-year and prior-year gallon-RINs owned at the start and end of
the quarter, purchased, sold and retired, and for parties that reported
gallon-RIN activity for RINs assigned to a volume of renewable fuel,
the volume of renewable fuel owned at the end of the quarter, as
represented in these documents; and state whether this information
agrees with the party's reports to EPA.
* * * * *
    (e) The party conducting the procedures under this section shall
obtain a written representation from a company representative that the
copies of the reports required by this section are complete and
accurate copies of the reports filed with EPA.
    (f) The party conducting the procedures under this section shall
identify and report as a finding the commercial computer program used
by the party to track the data required by the regulations in this
subpart, if any.
0
18. Section 80.1165 is amended by revising paragraphs (f)(1)(vi) and
(o)(2) to read as follows:

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

* * * * *
    (f) * * *
    (1) * * *
    (vi) Inspections and audits by EPA may include interviewing
employees.
* * * * *
    (o) * * *
    (2) 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 [insert 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 [insert 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.
0
19. Section 80.1166 is amended by revising paragraph (o)(2) to read as
follows:

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

* * * * *
    (o) * * *
    (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.
0
20. Section 80.1167 is amended by revising paragraph (e) introductory
text and paragraph (j)(2) to read as follows:

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

* * * * *
    (e) Bond posting. Any foreign entity shall meet the requirements of
this paragraph (e) as a condition to approval as a foreign RIN owner
under this subpart.
* * * * *
    (j) * * *
    (2) Signed by the president or owner of the foreign RIN owner
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 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. E8-23131 Filed 10-1-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register: December 1, 2010 (Volume 75, Number 230)]
[Notices]
[Page 74766-74768]
[DOCID:fr01de10-98]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63373; File No. SR-FINRA 2010-057]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of
Proposed Rule Change to Permit a One-Time Waiver of Late Fees
Assessable Pursuant to FINRA Rule 6490

November 24, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on November 12, 2010, Financial Industry Regulatory Authority,
Inc. (``FINRA'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by FINRA. FINRA has designated
the proposed rule change as constituting a ``non-controversial'' rule
change under paragraph (f)(6) of Rule 19b-4 under the Act.\3\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is filing the proposed rule change to grant a one-time waiver
of certain late fees under FINRA Rule 6490. The proposed rule change
would not make any changes to the text of FINRA Rule 6490.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. FINRA has prepared summaries,
set forth in sections A, B, and C below, of the most significant parts
of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    On September 27, 2010, FINRA Rule 6490 (Processing of Company-
Related Actions) (the ``Rule'') became effective.\4\ The Rule codifies
in the FINRA rulebook a requirement that exists under Rule 10b-17 of
the Act.\5\ Specifically, Rule 10b-17 of the Act requires that issuers
of a class of publicly traded securities provide timely notice to FINRA
of certain corporate actions (``Company-Related Action Notice'')
including, among other things, notice of dividends or other
distributions of cash or securities, stock splits or reverse splits or
rights or subscription offerings. The Rule clarifies the scope of
FINRA's regulatory authority and discretionary power when processing
documents related to announcements of company-related actions for non-
exchange-listed equity and debt securities, and implements fees for
these services. Issuers must complete the necessary forms and pay the
applicable fees

within the required time periods or they will be subject to late fees
and delayed processing of documents to announce corporate actions.
---------------------------------------------------------------------------

    \4\ See Exchange Act Release No. 62434 (July 1, 2010; 75 FR
39603 (July 9, 2010); SR-FINRA-2009-089 (Order Approving Proposed
FINRA Rule 6490 (Processing of Company-Related Actions) to Clarify
the Scope of FINRA's Authority When Processing Documents Related to
Announcements for Company-Related Actions for Non-Exchange Listed
Securities and To Implement Fees for Such Services).
    \5\ 17 CFR 240.10b-17.
---------------------------------------------------------------------------

    FINRA is filing the proposed rule change to grant a one-time waiver
of certain late fees under FINRA Rule 6490. Specifically, between
September 27, 2010 and December 31, 2010 (``the waiver period''), the
first late Company-Related Action Notice submitted by an issuer to
FINRA will not be subject to the Rule's late fees.\6\ Instead, the
issuer will be charged $200 (the timely submission fee) per Company-
Related Action Notice filed with FINRA.
---------------------------------------------------------------------------

    \6\ This one-time waiver will apply to the first late submission
by an issuer for one (or more) class of securities on a single day
during the waiver period. For example, if an issuer submits a late
Company-Related Action Notice with respect to three separate classes
of securities on a single day during the waiver period, the late fee
will be waived for each class. However, if an issuer has already
received a waiver with respect to one or more classes of securities
during the waiver period and, on a different day during the waiver
period, submits a late Company-Related Action Notice with respect to
any class of its securities, another waiver will not be granted.
---------------------------------------------------------------------------

    Notwithstanding the significant industry outreach undertaken by
FINRA in advance of implementation of the new rule, some issuers (who
are not FINRA members) have reported to FINRA that they were not aware
that Rule 6490 became effective on September 27, 2010.\7\ However,
FINRA notes that issuers are obligated directly by Rule 10b-17 of the
Act to provide FINRA with notice of certain company-related actions and
are obligated under that rule to do so in a timely fashion.
Nonetheless, FINRA has determined to provide issuers with the proposed
one-time waiver of late fees in the instant case. FINRA expects to
notify an issuer that submits a late Company-Related Action Notice that
its submission is late and that it has received a one-time waiver of
applicable late fees pursuant to Rule 6490.
---------------------------------------------------------------------------

    \7\ FINRA notes that the rule filing proposing the adoption of
FINRA Rule 6490 was published in the Federal Register for notice and
comment. See supra note 4. Following Commission approval, FINRA
published Regulatory Notice 10-038 announcing approval of Rule 6490
and the September 27, 2010 effective date. In addition, FINRA
engaged in extensive outreach regarding the new Rule, including by
sending out letters to numerous industry groups involved in issuer
corporate actions, sending out alerts via electronic platforms used
by market participants, and holding conference calls with relevant
parties. FINRA expects that the percentage of late notifications
will decline over time.
---------------------------------------------------------------------------

    FINRA has filed the proposed rule change for immediate
effectiveness and has requested that the SEC waive the requirement that
the proposed rule change not become operative for 30 days after the
date of the filing, so that FINRA can implement the proposed rule
change immediately.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(5) of the Act,\8\ which requires, among
other things, that FINRA rules provide for the equitable allocation of
reasonable dues, fees and other charges among members and issuers and
other persons using any facility or system that FINRA operates or
controls. FINRA believes that the proposed rule change granting issuers
a one-time waiver of Company-Related Action Notice late fees under
FINRA Rule 6490 promotes fairness by providing issuers an additional
opportunity to understand their obligations under Rule 6490, while
preserving the deterrent effect intended by adoption of the late fees
generally.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78o-3(b)(5).
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not significantly
affect the protection of investors or the public interest, does not
impose any significant burden on competition, and, by its terms, does
not become operative for 30 days from the date on which it was filed,
or such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \9\ and Rule 19b-
4(f)(6) thereunder.\10\
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78s(b)(3)(A).
    \10\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. FINRA has satisfied this requirement.
---------------------------------------------------------------------------

    FINRA has requested that the Commission waive the 30-day operative
delay because the proposed rule change establishes a one-time waiver of
certain late fees under FINRA Rule 6490 and waiver of the 30 days would
allow FINRA to apply the fee waiver immediately. The Commission
believes that waiver of the operative delay is consistent with the
protection of investors and the public interest because the proposal
would promote fairness by providing issuers an additional opportunity
during the waiver period to understand their obligations under Rule
6490 before being subject to late fees. Therefore, the Commission
designates the proposal operative upon filing.\11\
---------------------------------------------------------------------------

    \11\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2010-057 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2010-057. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the

proposed rule change between the Commission and any person, other than
those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the filing also will be available for
inspection and copying at the principal office of FINRA. All comments
received will be posted without change; the Commission does not edit
personal identifying information from submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-FINRA-2010-057 and should be
submitted on or before December 22, 2010.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

    \12\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-30228 Filed 11-30-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 80, Number 108 (Friday, June 5, 2015)]
[Notices]
[Pages 32113-32114]
[FR Doc No: 2015-13803]

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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9928-84-OA]

Notification of Three Teleconferences of the Science Advisory
Board Biogenic Carbon Emissions Panel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The Environmental Protection Agency (EPA or Agency) Science
Advisory Board (SAB) Staff Office announces three teleconferences of
the SAB Biogenic Carbon Emissions Panel to review EPA's Framework for
Assessing Biogenic CO2 Emissions from Stationary Sources
(November 2014).

DATES: The public teleconferences will be held on July 6, 2015 from
11:00 a.m. to 2:00 p.m. (Eastern Time), August 6, 2015 from 11:00 a.m.
to 2:00 p.m. (Eastern Time) and September 9, 2015 from 11:00 a.m. to
2:00 p.m. (Eastern Time).

ADDRESSES: The teleconferences will be held by telephone only.

FOR FURTHER INFORMATION CONTACT: Any member of the public wishing
further information regarding the public teleconferences may contact
Dr. Holly Stallworth, Designated Federal Officer (DFO), SAB Staff
Office, by telephone/voice mail at<PHONE_NUMBER> or via email at
<EMAIL_ADDRESS>General information concerning the EPA
Science Advisory Board can be found at the EPA SAB Web site at http://www.epa.gov/sab.

SUPPLEMENTARY INFORMATION:
    Background: The SAB was established pursuant to the Environmental
Research, Development, and Demonstration Authorization Act (ERDAA)
codified at 42 U.S.C. 4365, to provide independent scientific and
technical peer review, advice, consultation, and recommendations to the
EPA Administrator on the technical basis for EPA actions. As a Federal
Advisory Committee, the SAB conducts business in accordance with the
Federal Advisory Committee Act (FACA) (5 U.S.C. App. 2) and related
regulations. Pursuant to FACA and EPA policy, notice is hereby given
that the SAB Biogenic Carbon Emissions Panel will hold three public
teleconferences to review its draft report on EPA's Framework for
Assessing Biogenic CO2 Emissions from Stationary Sources
(November 2014). The SAB will comply with the provisions of FACA and
all appropriate SAB Staff Office procedural policies.
    As noticed in 80 FR 8867-8868, a face-to-face meeting of the
Biogenic Carbon Emissions Panel was held on March 25 and 26, 2015 and a
teleconference was held on May 29, 2015. Background on the current
advisory activity can be found on the SAB Web site at http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/Biogenic%20CO2%20Framework?OpenDocument.
    Availability of the meeting materials: Agendas and meeting
materials will be posted on the SAB Web site prior to each
teleconference. To locate these materials, go to epa.gov/sab and click
on the calendar and then the respective teleconference dates. EPA's
review document, charge to the Panel and other background materials are
also available at the URL above. For questions concerning EPA's
Framework for Assessing Biogenic CO2 Emissions from
Stationary Sources (November 2014), please contact Sara Ohrel, Climate
Change Division, at<EMAIL_ADDRESS>or<PHONE_NUMBER>.
    Procedures for Providing Public Input: Public comment for
consideration by EPA's federal advisory committees and panels has a
different purpose from public comment provided to EPA program offices.
Therefore, the process for submitting comments to a federal advisory
committee is different from the process used to submit comments to an
EPA program office. Federal advisory committees and panels, including
scientific advisory committees, provide independent advice to EPA.
Members of the public can submit relevant comments on the topic of this
advisory activity, including the charge to the panel and the EPA review
documents, and/or the group conducting the activity, for the SAB to
consider during the advisory process. Input from the public to the SAB
will have the most impact if it consists of comments that provide
specific scientific or technical information or analysis for the SAB

panel to consider or if it relates to the clarity or accuracy of the
technical information.
    Oral Statements: In general, individuals or groups requesting an
oral presentation will be limited to three minutes per speaker for each
teleconference. Interested parties should contact Dr. Holly Stallworth,
DFO, in writing (preferably via email), at the contact information
noted above, by June 29, 2015 to be placed on the list of public
speakers for the July 6, 2015 teleconference; by July 30, 2015 for the
August 6, 2015 teleconference; and by September 2, 2015 for the
September 9, 2015 teleconference. Written Statements: Written
statements should be received in the SAB Staff Office in advance of
each teleconference according to the same deadlines listed above for
requesting oral comments. Written statements should be supplied to the
DFO, preferably in electronic format via email. It is the SAB Staff
Office general policy to post written comments on the Web page for the
advisory meeting or teleconference. Submitters are requested to provide
an unsigned version of each document because the SAB Staff Office does
not publish documents with signatures on its Web sites. Members of the
public should be aware that their personal contact information, if
included in any written comments, may be posted to the SAB Web site.
Copyrighted material will not be posted without explicit permission of
the copyright holder.
    Accessibility: For information on access or services for
individuals with disabilities, please contact Dr. Stallworth at the
phone number or email address noted above, preferably at least ten days
prior to the meeting, to give EPA as much time as possible to process
your request.

    Dated: May 28, 2015.
Thomas H. Brennan,
 Deputy Director, EPA Science Advisory Board Staff Office.
[FR Doc. 2015-13803 Filed 6-4-15; 8:45 am]
 BILLING CODE 6560-50-P