nearest tenth.
R = Renewable content of the renewable fuel. This is a measure of
the portion of a renewable fuel that came from renewable biomass,
expressed as a fraction, on an energy basis.
EC = Energy content of the renewable fuel, in Btu per gallon (lower
heating value).
* * * * *

0
5. Section 80.1416 is amended by revising paragraph (d) to read as
follows:

Sec.  80.1416  Petition process for evaluation of new renewable fuels
pathways.

* * * * *
    (d) A D code must be approved prior to the generation of RINs for
the fuel in question. During petition review EPA will evaluate whether
a feedstock meets the 75% cellulosic content threshold allowing
cellulosic RINs to be generated for the entire fuel volume produced.
The Administrator may ask for additional information to complete this
evaluation.
* * * * *

0
6. Section 80.1426 is amended as follows:
0
a. By revising rows K, L, M, N, P, and Q of Table 1 to Sec.  80.1426.
0
b. By adding a new row T to Table 1 to Sec.  80.1426.
0
c. By revising paragraphs (f)(3)(vi), (f)(4)(i)(A)(2), (f)(5)(v),
(f)(10), and (f)(11).
0
d. By adding new paragraphs (f)(15) and (f)(16).

Sec.  80.1426  How are RINs generated and assigned to batches of
renewable fuel by renewable fuel producers or importers?

* * * * *
    (f) * * *
    (1) * * *

         Table 1 to Sec.   80.1426--Applicable D Codes for Each Fuel Pathway for Use in Generating RINs
----------------------------------------------------------------------------------------------------------------
                                                                          Production process
                       Fuel type                 Feedstock                   requirements             D-Code
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
K.............  Ethanol...............  Crop residue, slash, pre-    Any process that converts                 3
                                         commercial thinnings and     cellulosic biomass to fuel.
                                         tree residue, switchgrass,
                                         miscanthus, energy cane,
                                         Arundo donax, Pennisetum
                                         purpureum, and separated
                                         yard waste; biogenic
                                         components of separated
                                         MSW; cellulosic components
                                         of separated food waste;
                                         and cellulosic components
                                         of annual cover crops.
L.............  Cellulosic diesel, jet  Crop residue, slash, pre-    Any process that converts                 7
                 fuel and heating oil.   commercial thinnings and     cellulosic biomass to fuel.
                                         tree residue, switchgrass,
                                         miscanthus, energy cane,
                                         Arundo donax, Pennisetum
                                         purpureum, and separated
                                         yard waste; biogenic
                                         components of separated
                                         MSW; cellulosic components
                                         of separated food waste;
                                         and cellulosic components
                                         of annual cover crops.
M.............  Renewable gasoline and  Crop residue, slash, pre-    Catalytic Pyrolysis and                   3
                 renewable gasoline      commercial thinnings, tree   Upgrading, Gasification
                 blendstock.             residue, and separated       and Upgrading, Thermo-
                                         yard waste; biogenic         Catalytic
                                         components of separated      Hydrodeoxygenation and
                                         MSW; cellulosic components   Upgrading, Direct
                                         of separated food waste;     Biological Conversion,
                                         and cellulosic components    Biological Conversion and
                                         of annual cover crops.       Upgrading utilizing
                                                                      natural gas, biogas, and/
                                                                      or biomass as the only
                                                                      process energy sources
                                                                      providing that process
                                                                      used converts cellulosic
                                                                      biomass to fuel; any
                                                                      process utilizing biogas
                                                                      and/or biomass as the only
                                                                      process energy sources
                                                                      which converts cellulosic
                                                                      biomass to fuel.
N.............  Naphtha...............  Switchgrass, miscanthus,     Gasification and upgrading                3
                                         energy cane, Arundo donax,   processes that converts
                                         and Pennisetum purpureum.    cellulosic biomass to fuel.

                                                  * * * * * * *
P.............  Ethanol, renewable      The non-cellulosic portions  Any........................               5
                 diesel, jet fuel,       of separated food waste
                 heating oil, and        and non-cellulosic
                 naphtha.                components of annual cover
                                         crops.
Q.............  Renewable Compressed    Biogas from landfills,       Any........................               3
                 Natural Gas,            municipal wastewater
                 Renewable Liquefied     treatment facility
                 Natural Gas,            digesters, agricultural
                 Renewable Electricity.  digesters, and separated
                                         MSW digesters; and biogas
                                         from the cellulosic
                                         components of biomass
                                         processed in other waste
                                         digesters.

                                                  * * * * * * *
T.............  Renewable Compressed    Biogas from waste digesters  Any........................               5
                 Natural Gas,
                 Renewable Liquefied
                 Natural Gas, and
                 Renewable Electricity.
----------------------------------------------------------------------------------------------------------------

* * * * *
    (3) * * *
    (vi) If a producer produces a single type of renewable fuel using
two or more different feedstocks which are processed simultaneously,
and each batch is comprised of a single type of fuel, then the number
of gallon-RINs that shall be generated for a batch of renewable fuel
and assigned a particular D code shall be determined according to the
formulas in Table 4 to this section.
[GRAPHIC] [TIFF OMITTED] TR18JY14.002

Where:

VRIN,CB = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for a batch of
cellulosic biofuel with a D code of 3.
VRIN,BBD = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for a batch of
biomass-based diesel with a D code of 4.
VRIN,AB = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for a batch of
advanced biofuel with a D code of 5.
VRIN,RF = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for a batch of
renewable fuel with a D code of 6.
VRIN,CD = RIN volume, in gallons, for use in determining
the number of gallon-RINs that shall be generated for a batch of
cellulosic diesel with a D code of 7.
EV = Equivalence value for the renewable fuel per Sec.  80.1415.
VS = Standardized volume of the batch of renewable fuel
at 60[emsp14][deg]F, in gallons, calculated in accordance with
paragraph (f)(8) of this section.
FE3 = Feedstock energy from all feedstocks whose pathways
have been assigned a D code of 3 under Table 1 to this section, or a
D code of 3 as approved by the Administrator, in Btu.
FE4 = Feedstock energy from all feedstocks whose pathways
have been assigned a D code of 4 under Table 1 to this section, or a
D code of 4 as approved by the Administrator, in Btu.
FE5 = Feedstock energy from all feedstocks whose pathways
have been assigned a D code of 5 under Table 1 to this section, or a
D code of 5 as approved by the Administrator, in Btu.
FE6 = Feedstock energy from all feedstocks whose pathways
have been assigned a D code of 6 under Table 1 to this section, or a
D code of 6 as approved by the Administrator, in Btu.
FE7 = Feedstock energy from all feedstocks whose pathways
have been assigned a D code of 7 under Table 1 to this section, or a
D code of 7 as approved by the Administrator, in Btu.

    Feedstock energy values, FE, shall be calculated according to the
following formula:

FE = M * (1 - m) * CF * E

Where:
FE = Feedstock energy, in Btu.
M = Mass of feedstock, in pounds, measured on a daily or per-batch
basis.
m = Average moisture content of the feedstock, in mass percent.
CF = Converted Fraction in annual average mass percent, except as
otherwise provided by Sec.  80.1451(b)(1)(ii)(U), representing that
portion of the feedstock that is converted into renewable fuel by
the producer.
E = Energy content of the components of the feedstock that are
converted to renewable fuel, in annual average Btu/lb, determined
according to paragraph (f)(7) of this section.

    (4) * * *
    (i) * * *
    (A) * * *
    (2) The value of FE for use in paragraph (f)(4)(i)(A)(1) of this
section shall be calculated from the following formula:

FE = M * (1 - m) * CF * E

Where:

FE = Feedstock energy, in Btu.
M = Mass of feedstock, in pounds, measured on a daily or per-batch
basis.
m = Average moisture content of the feedstock, in mass percent.
CF = Converted Fraction in annual average mass percent, except as
otherwise provided by Sec.  80.1451(b)(1)(ii)(U), representing that
portion of the feedstock that is converted into transportation fuel,
heating oil, or jet fuel by the producer.
E = Energy content of the components of the feedstock that are
converted to fuel, in annual average Btu/lb, determined according to
paragraph (f)(7) of this section.

* * * * *
    (5) * * *
    (v) The number of cellulosic biofuel gallon-RINs that shall be
generated for the cellulosic portion of a batch of renewable fuel
derived from separated MSW as defined in paragraph (f)(5)(i)(C) of this
section shall be determined according to the following formula:

VRIN = EV * VS * R

Where:

VRIN = RIN volume, in gallons, for use in determining the
number of cellulosic biofuel gallon-RINs that shall be generated for
the batch.
EV = Equivalence value for the batch of renewable fuel per Sec.
80.1415.
VS = Standardized volume of the batch of renewable fuel
at 60[emsp14][deg]F, in gallons, calculated in accordance with
paragraph (f)(8) of this section.
R = The calculated non-fossil fraction of the fuel as measured by a
carbon-14 dating test method as provided in paragraph (f)(9) of this
section, except that for

biogas-derived fuels made from separated MSW, no testing is required
and R = 1.

* * * * *
    (10)(i) For purposes of this section, electricity that is only
distributed via a closed, private, non-commercial system is considered
renewable fuel and RINs may be generated if all of the following apply:
    (A) The electricity is produced from renewable biomass and
qualifies for a D code in Table 1 to this section or has received
approval for use of a D code by the Administrator.
    (B) The RIN generator has documentation for the sale, if
applicable, and use of a specific quantity of renewable electricity as
transportation fuel, or has obtained affidavits from all parties
selling or using the electricity as transportation fuel.
    (C) The electricity is used as a transportation fuel and for no
other purposes.
    (ii) For purposes of this section, CNG or LNG produced from biogas
that is only distributed via a closed, private, non-commercial system
is considered renewable fuel for which RINs may be generated if all of
the following apply:
    (A) The CNG/LNG is produced from renewable biomass and qualifies
for a D code in Table 1 to this section or has received approval for
use of a D code by the Administrator.
    (B) The RIN generator has entered into a written contract for the
sale or use of a specific quantity of CNG/LNG to be used as
transportation fuel, or obtained affidavits from all parties selling or
using the CNG/LNG as transportation fuel.
    (C) The CNG/LNG is used as a transportation fuel and for no other
purposes.
    (iii) A producer of electricity that is generated by co-firing a
combination of renewable biomass and fossil fuel may generate RINs only
for the portion attributable to the renewable biomass, using the
procedure described in paragraph (f)(4) of this section.
    (11)(i) For purposes of this section, electricity that is
introduced into a commercial distribution system (transmission grid) is
considered renewable fuel for which RINs may be generated if all of the
following apply:
    (A) The electricity is produced from renewable biomass and
qualifies for a D code in Table 1 of this section or has received
approval for use of a D code by the Administrator.
    (B) The RIN generator has documentation for the sale and use of a
specific quantity of renewable electricity as transportation fuel, or
has obtained affidavits from all parties selling or using the
electricity as transportation fuel.
    (C) The quantity of electricity for which RINs were generated was
sold for use as transportation fuel and for no other purpose.
    (D) The renewable electricity was loaded onto and withdrawn from a
physically connected transmission grid.
    (E) The amount of electricity sold for use as transportation fuel
corresponds to the amount of electricity derived from biogas that was
placed into the commercial distribution system.
    (F) No other party relied upon the renewable electricity for the
creation of RINs.
    (ii) For purposes of this section, CNG or LNG produced from biogas
that is introduced into a commercial distribution system is considered
renewable fuel for which RINs may be generated if all the following
apply:
    (A) The fuel is produced from renewable biomass and qualifies for a
D code in Table 1 to this section or has received approval for use of a
D code by the Administrator.
    (B) The RIN generator has entered into a written contract for the
sale or use of a specific quantity of renewable CNG/LNG, taken from a
commercial distribution system (e.g., physically connected pipeline,
barge, truck, rail), for use as a transportation fuel, or has obtained
affidavits from all parties selling or using the CNG/LNG taken from a
commercial distribution system as a transportation fuel.
    (C) The quantity of CNG/LNG for which RINs were generated was sold
for use as transportation fuel and for no other purposes.
    (D) The biogas/CNG/LNG was injected into and withdrawn from the
same commercial distribution system.
    (E) The biogas/CNG/LNG that is ultimately withdrawn from the
commercial distribution system for use as transportation fuel is
withdrawn in a manner and at a time consistent with the transport of
the biogas/CNG/LNG between the injection and withdrawal points.
    (F) The volume and heat content of biogas/CNG/LNG injected into a
pipeline and the volume of biogas/CNG/LNG withdrawn to make a
transportation fuel are measured by continuous metering.
    (G) The amount of fuel sold for use as transportation fuel
corresponds to the amount of fuel derived from biogas that was placed
into the commercial distribution system.
    (H) No other party relied upon the volume of biogas/CNG/LNG for the
creation of RINs.
    (iii) For renewable electricity that is generated by co-firing a
combination of renewable biomass and fossil fuel, the producer may
generate RINs only for the portion attributable to the renewable
biomass, using the procedure described in paragraph (f)(4) of this
section.
* * * * *
    (15) Application of formulas in paragraph (f)(3)(vi) of this
section to certain producers generating D3 or D7 RINs.
    (i) If a producer seeking to generate D code 3 or D code 7 RINs
produces a single type of renewable fuel using two or more feedstocks
converted simultaneously, and at least one of the feedstocks does not
have a minimum 75% average adjusted cellulosic content, one of the
following additional requirements apply:
    (A) If the producer is using a thermochemical process to convert
cellulosic biomass into cellulosic biofuel, the producer is subject to
additional registration requirements under Sec.
80.1450(b)(1)(xiii)(A).
    (B) If the producer is using any process other than a
thermochemical process, or is using a combination of processes, the
producer is subject to additional registration requirements under Sec.
80.1450(b)(1)(xiii)(B) and reporting requirements under Sec.
80.1451(b)(1)(ii)(U).
    (ii) [Reserved]
    (16) Renewable fuel produced from crop residue. Producers
generating RINs for qualifying renewable fuel utilizing crop residue as
feedstock under Pathway K or Pathway L must meet all of the following
conditions (in addition to any other applicable requirements):
    (i) Registration requirements under Sec.  80.1450(b)(1)(xv).
    (ii) Reporting requirements under Sec.  80.1451(b)(1)(ii)(V).
    (iii) Recordkeeping requirements under Sec.  80.1454(s).
* * * * *

0
7. Section 80.1440 is amended as follows:
0
a. By revising the section heading.
0
b. By revising paragraph (a).
0
c. By revising paragraph (d).
0
d. By revising paragraph (e).

Sec.  80.1440  What are the provisions for blenders who handle and
blend less than 250,000 gallons of renewable fuel per year?

    (a) Renewable fuel blenders who handle and blend less than 250,000
gallons of renewable fuel per year, and who do not have one or more
reported or unreported Renewable Volume

Obligations, are permitted to delegate their RIN-related
responsibilities to the party directly upstream of them who supplied
the renewable fuel for blending.
* * * * *
    (d) Renewable fuel blenders who handle and blend less than 250,000
gallons of renewable fuel per year and delegate their RIN-related
responsibilities under paragraph (b) of this section must register
pursuant to Sec.  80.1450(e), and may not own RINs.
    (e) Renewable fuel blenders who handle and blend less than 250,000
gallons of renewable fuel per year and who do not opt to delegate their
RIN-related responsibilities, or own RINs, will be subject to all
requirements stated in paragraph (b) of this section, and all other
applicable requirements of this subpart M.
* * * * *

0
8. Section 80.1441 is amended by adding paragraph (e)(2)(iii) to read
as follows:

Sec.  80.1441  Small refinery exemption.

* * * * *
    (e) * * *
    (2) * * *
    (iii) In order to qualify for an extension of its small refinery
exemption, a refinery must meet the definition of ``small refinery'' in
Sec.  80.1401 for the most recent full calendar year prior to seeking
an extension and must be projected to meet the definition of ``small
refinery'' in Sec.  80.1401 for the year or years for which an
exemption is sought. Failure to meet the definition of small refinery
for any calendar year for which an exemption was granted would
invalidate the exemption for that calendar year.
* * * * *

0
9. Section 80.1450 is amended as follows:
0
a. By revising paragraph (b)(1)(ii).
0
b. By revising paragraphs (b)(1)(v)(C) and (b)(1)(v)(D), and by adding
paragraph (b)(1)(v)(E).
0
c. By adding and reserving paragraph (b)(1)(xii).
0
d. By adding paragraphs (b)(1)(xiii) through (xv).
0
e. By adding paragraph (h).
0
f. By adding paragraph (i).

Sec.  80.1450  What are the registration requirements under the RFS
program?

* * * * *
    (b) * * *
    (1) * * *
    (ii) A description of the facility's renewable fuel or ethanol
production processes.
    (A) For registrations indicating production of cellulosic biofuel
(D codes 3 or 7) from feedstocks other than biogas (including through
pathways in rows K, L, M, and N of Table 1 to Sec.  80.1426), the
producer must demonstrate the ability to convert cellulosic components
of feedstock into fuel by providing all of the following:

    (1) A process diagram with all relevant unit processes labeled
and a designation of which unit process is capable of performing
cellulosic treatment, including required inputs and outputs at each
step.
    (2) A description of the cellulosic biomass treatment process,
including required inputs and outputs used at each step.
    (3) A description of the mechanical, chemical and biochemical
mechanisms by which cellulosic materials can be converted to biofuel
products.
    (B) [Reserved]

* * * * *
    (v) * * *
    (C)(1) For all facilities, copies of documents demonstrating each
facility's actual peak capacity as defined in Sec.  80.1401 if the
maximum rated annual volume output of renewable fuel is not specified
in the air permits specified in paragraphs (b)(1)(v)(A) and
(b)(1)(v)(B) of this section, as appropriate.
    (2) For facilities not claiming the exemption described in Sec.
80.1403(c) or (d) which are exempt from air permit requirements and for
which insufficient production records exist to establish actual peak
capacity, copies of documents demonstrating the facility's nameplate
capacity, as defined in Sec.  80.1401.
    (D) For all facilities producing renewable electricity or other
renewable fuel from biogas, submit all relevant information in Sec.
80.1426(f)(10) or (11), including:
    (1) Copies of all contracts or affidavits, as applicable, that
follow the track of the biogas/CNG/LNG or renewable electricity from
its original source, to the producer that processes it into renewable
fuel, and finally to the end user that will actually use the renewable
electricity or the renewable CNG/LNG for transportation purposes.
    (2) Specific quantity, heat content, and percent efficiency of
transfer, as applicable, and any conversion factors, for the renewable
fuel derived from biogas.
    (E) Any other records as requested by the Administrator.
* * * * *
    (xiii) (A) A producer of renewable fuel seeking to generate D code
3 or D code 7 RINs, or a foreign ethanol producer seeking to have its
product sold as cellulosic biofuel after it is denatured, who intends
to produce a single type of fuel using two or more feedstocks converted
simultaneously, where at least one of the feedstocks does not have a
minimum 75% average adjusted cellulosic content, and who uses only a
thermochemical process to convert feedstock into renewable fuel, must
provide all the following:
    (1) Data showing the average adjusted cellulosic content of the
feedstock(s) to be used to produce fuel, based on the average of at
least three representative samples. Cellulosic content data must come
from an analytical method certified by a voluntary consensus standards
body or using a method that would produce reasonably accurate results
as demonstrated through peer reviewed references provided to the third
party engineer performing the engineering review at registration.
Samples must be of representative feedstock from the primary feedstock
supplier that will provide the fuel producer with feedstock subsequent
to registration.
    (2) For producers who want to use a new feedstock(s) after initial
registration, updates to their registration under paragraph (d) of this
section indicating the average adjusted cellulosic content of the new
feedstock.
    (3) For producers already registered as of August 18, 2014, to
produce a single type of fuel that qualifies for D code 3 or D code 7
RINs (or would do so after denaturing) using two or more feedstocks
converted simultaneously using only a thermochemical process, the
information specified in this paragraph (b)(1)(xiii)(A) shall be
provided at the next required registration update under paragraph (d)
of this section.
    (B) A producer of renewable fuel seeking to generate D code 3 or D
code 7 RINs, or a foreign ethanol producer seeking to have its product
sold as cellulosic biofuel after it is denatured, who intends to
produce a single type of fuel using two or more feedstocks converted
simultaneously, where at least one of the feedstocks does not have a
minimum 75% adjusted cellulosic content, and who uses a process other
than a thermochemical process or a combination of processes to convert
feedstock into renewable fuel, must provide all the following:

    (1) The expected overall fuel yield, calculated as the total
volume of fuel produced per batch (e.g., cellulosic biofuel plus all
other fuel) divided by the total feedstock mass per batch on a dry
weight basis (e.g., cellulosic feedstock plus all other feedstocks).
    (2) The cellulosic Converted Fraction (CF) that will be used for
generating RINs under Sec.  80.1426(f)(3)(vi).
    (3) Chemical analysis data supporting the calculated cellulosic
Converted Fraction and

a discussion of the possible variability that could be expected
between reporting periods per Sec.  80.1451(b)(1)(ii)(U)(1). Data
used to calculate the cellulosic CF must be representative and
obtained using an analytical method certified by a voluntary
consensus standards body, or using a method that would produce
reasonably accurate results as demonstrated through peer reviewed
references provided to the third party engineer performing the
engineering review at registration.
    (4) A description and calculations showing how the data were
used to determine the cellulosic Converted Fraction.
    (5) For producers already registered as of August 18, 2014, to
produce a single type of fuel that qualifies for D code 3 or D code
7 RINs (or would do so after denaturing) using two or more
feedstocks converted simultaneously using a combination of processes
or a process other than a thermochemical process, the information
specified in this paragraph (b)(1)(xiii)(B) shall be provided at the
next required registration update under paragraph (d) of this
section.

    (xiv) For a producer of cellulosic biofuel made from energy cane,
or a foreign renewable fuel producer making ethanol from energy cane
and seeking to have it sold after denaturing as cellulosic biofuel,
provide all of the following:

    (A) Data showing that the average adjusted cellulosic content of
each cane cultivar they intend to use is at least 75%, based on the
average of at least three representative samples of each cultivar.
Cultivars must be grown under normal growing conditions and
consistent with acceptable farming practices. Samples must be of
feedstock from a feedstock supplier that the fuel producer intends
to use to supply feedstock for their production process and must
represent the feedstock supplier's range of growing conditions and
locations. Cellulosic content data must come from an analytical
method certified by a voluntary consensus standards body or using a
method that would produce reasonably accurate results as
demonstrated through peer reviewed references provided to the third
party engineer performing the engineering review at registration.
    (B) Producers that want to change or add new cultivar(s) after
initial registration must update their registration and provide EPA
with data in accordance with paragraph (d) of this section
demonstrating that the average adjusted cellulosic content for any
new cultivar is at least 75%. Cultivars that do not meet this
requirement are considered sugarcane for purposes of Table 1 to
Sec.  80.1426.

    (xv) For a producer of cellulosic biofuel made from crop residue or
a foreign renewable fuel producer making ethanol from crop residue and
seeking to have it sold after denaturing as cellulosic biofuel, provide
all the following information:

    (A) A list of all feedstocks the producer intends to utilize as
crop residue.
    (B) A written justification which explains why each feedstock a
producer lists according to paragraph (b)(1)(xv)(A) of this section
meets the definition of ``crop residue'' per Sec.  80.1401.
    (C) For producers already registered as of August 18, 2014 to
produce a renewable fuel using crop residue, the information
specified in this paragraph (b)(1)(xv) shall be provided at the next
required registration update under paragraph (d) of this section.

* * * * *
    (h) Deactivation of company registration. (1) EPA may deactivate a
company's registration, using the process in paragraph (h)(2) of this
section, if any of the following criteria are met:
    (i) The company has reported no activity in EMTS for twenty-four
consecutive months.
    (ii) The company has failed to comply with the registration
requirements of this section.
    (iii) The company has failed to submit any required report within
thirty days of the required submission date under Sec.  80.1451.
    (iv) The attest engagement required under Sec.  80.1454 has not
been received within thirty days of the required submission date.
    (2) EPA will use the following process whenever it decides to
deactivate the registration of a company:
    (i) EPA will provide written notification to the responsible
corporate officer identifying the reasons or deficiencies of why EPA
intends to deactivate the company's registration. The company will have
fourteen calendar days from the date of the notification to correct the
deficiencies identified or explain why there is no need for corrective
action.
    (ii) If the basis for EPA's notice of intent to deactivate
registration is the absence of EMTS activity, a stated intent to engage
in activity reported through EMTS will be sufficient to avoid
deactivation of registration.
    (iii) If the company does not respond, does not correct identified
deficiencies, or does not provide an adequate explanation regarding why
such correction is not necessary within the time allotted for response,
EPA may deactivate the company's registration without further notice to
the party.
    (3) Impact of registration deactivation:
    (i) A company whose registration is deactivated shall still be
liable for violation of any requirements of this subpart.
    (ii) A company whose registration is deactivated will not be listed
on any public list of actively registered companies that is maintained
by EPA.
    (iii) A company whose registration is deactivated will not have
access to any of the electronic reporting systems associated with the
renewable fuel standard program, including the EPA Moderated
Transaction System (EMTS).
    (iv) A company whose registration is deactivated must submit any
corrections of deficiencies to EPA on forms, and following policies,
established by EPA.
    (v) If a company whose registration has been deactivated wishes to
re-register, they may initiate that process by submitting a new
registration, consistent with paragraphs (a) through (c) of this
section.
    (i) Registration procedures. (1) Registration shall be on forms,
and following policies, established by the Administrator.
    (2) English language registrations--Any document submitted to EPA
under this section must be submitted in English, or shall include an
English translation.

    10. Section 80.1451 is amended as follows:
0
a. By redesignating paragraph (b)(1)(ii)(U) as paragraph (b)(1)(ii)(W).
0
b. By adding a new paragraph (b)(1)(ii)(U).
0
c. By adding paragraph (b)(1)(ii)(V).
0
d. By adding and reserving paragraph (i).
0
e. By adding paragraph (j).

Sec.  80.1451  What are the reporting requirements under the RFS
program?

* * * * *
    (b) * * *
    (1) * * *
    (ii) * * *
    (U) Producers generating D code 3 or D code 7 RINs for fuel derived
from feedstocks other than biogas (including through pathways listed in
rows K, L, M, and N of Table 1 to Sec.  80.1426), and that was produced
from two or more feedstocks converted simultaneously, at least one of
which has less than 75% average adjusted cellulosic content, and using
a combination of processes or a process other than a thermochemical
process or a combination of processes shall report all of the
following:

    (1) The cellulosic converted fraction as determined by
collecting new representative process data and performing the same
chemical analysis method accepted at registration. Producers shall
calculate this information on an annual basis or within 10 business
days of generating every 500,000 gallons of cellulosic biofuel,
whichever is more frequent, and report quarterly. Reports shall
include all values used to calculate feedstock energy according to
Sec.  80.1426(f)(3)(vi). If new data shows that the cellulosic
Converted Fraction is different than previously calculated, the
formula used to generate RINs under Sec.  80.1426(f)(3) must be
updated as soon as practical but no later than 5 business days after
the producer

receives the updated data. If new testing data results in a change
to the cellulosic Converted Fraction, only RINs generated after the
new testing data were received, subject to the 5-day allowance,
would be affected.
    (2) If the cellulosic Converted Fraction deviates from the
previously calculated cellulosic Converted Fraction by 10% or more
then the producer must notify EPA within 5 business days of
receiving the new data and must adjust the formula used to generate
RINs under Sec.  80.1426(f)(3) for all fuel generated as soon as
practical but no later than 5 business days after the producer
receives the new data. If new testing data results in a change to
the cellulosic Converted Fraction, only RINs generated after the new
testing data were received, subject to the 5-day allowance, would be
affected.

    (V) Producers of renewable fuel using crop residue as a feedstock
shall report all of the following according to the schedule specified
in paragraph (f)(2) of this section:

    (1) The specific feedstock(s) utilized to produce renewable fuel
under a pathway allowing the use of crop residue as feedstock.
    (2) The total quantity of each specific feedstock used to
produce renewable fuel.
    (3) The total amount of qualifying renewable fuel produced under
the crop residue pathway(s) in that quarter.

* * * * *
    (j) English language reports. Any document submitted to EPA under
this section must be submitted in English, or shall include an English
translation.

0
11. Section 80.1454 is amended as follows:
0
a. By revising paragraph (b)(4)(i).
0
b. By adding and reserving paragraph (b)(9).
0
c. By adding paragraph (b)(10).
0
d. By revising paragraph (f)(3)(i).
0
e. By revising paragraph (k)(1).
0
f. By adding and reserving paragraphs (q) and (r).
0
g. By adding a new paragraph (s).
0
h. By adding a new paragraph (t).

Sec.  80.1454  What are the recordkeeping requirements under the RFS
program?

* * * * *
    (b) * * *
    (4) * * *
    (i) A list of the RINs owned, purchased, sold, separated, retired,
or reinstated.
* * * * *
    (10) Records related to any volume of renewable fuel where RINs
were not generated by the renewable fuel producer or importer pursuant
to Sec.  80.1426(c).
* * * * *
    (f) * * *
    (3) * * *
    (i) A list of the RINs owned, purchased, sold, separated, retired,
or reinstated.
* * * * *
    (k)(1) Biogas/CNG/LNG and electricity in pathways involving
feedstocks other than grain sorghum. A renewable fuel producer that
generates RINs for renewable CNG, renewable LNG or renewable
electricity pursuant to Sec.  80.1426(f)(10) or (11), or that uses
process heat from biogas to produce renewable fuel pursuant to Sec.
80.1426(f)(12) shall keep all of the following additional records:
    (i) Documentation recording the sale of renewable CNG, renewable
LNG or renewable electricity for use as transportation fuel relied upon
in Sec.  80.1426(f)(10), Sec.  80.1426(f)(11), or for use of biogas for
process heat to make renewable fuel as relied upon in Sec.
80.1426(f)(12) and the transfer of title of the biogas/CNG/LNG or
renewable electricity from the point of biogas production to the
facility which sells or uses the fuel for transportation purposes.
    (ii) Documents demonstrating the volume and energy content of
biogas/CNG/LNG, or kilowatts of renewable electricity, relied upon
under Sec.  80.1426(f)(10) that was delivered to the facility which
sells or uses the fuel for transportation purposes.
    (iii) Documents demonstrating the volume and energy content of
biogas/CNG/LNG, or kilowatts of renewable electricity, relied upon
under Sec.  80.1426(f)(11), or biogas relied upon under Sec.
80.1426(f)(12) that was placed into the commercial distribution.
    (iv) Documents demonstrating the volume and energy content of
biogas relied upon under Sec.  80.1426(f)(12) at the point of
distribution.
    (v) Affidavits, EPA-approved documentation, or data from a real-
time electronic monitoring system, confirming that the amount of the
biogas/CNG/LNG or renewable electricity relied upon under Sec.
80.1426(f)(10) and (11) was used for transportation purposes only, and
for no other purpose. The RIN generator shall obtain affidavits, or
monitoring system data under this paragraph (k), at least once per
calendar quarter.
    (vi) The biogas or renewable electricity producer's Compliance
Certification required under Title V of the Clean Air Act.
    (vii) Any other records as requested by the Administrator.
* * * * *
    (s) Producers of renewable fuel using crop residue shall keep
records of all of the following:

    (1) The specific crop residue feedstock(s) utilized to produce
renewable fuel for each batch of renewable fuel produced.
    (2) The total quantity of each specific crop residue feedstock
used for each batch.
    (3) Total amount of fuel produced under the crop residue pathway
for each batch.

    (t) English language records. Any document requested by the
Administrator under this section must be submitted in English, or shall
include an English translation.

0
12. Section 80.1463 is amended by adding paragraph (d) to read as
follows:

Sec.  80.1463  What penalties apply under the RFS program?

* * * * *
    (d) Any person liable under Sec.  80.1461(a) for a violation of
Sec.  80.1460(b)(1) through (4) or (b)(6) is subject to a separate day
of violation for each day that an invalid RIN remains available for an
obligated party or renewable fuel exporter to demonstrate compliance
with the RFS program.

Subpart N--[Amended]

0
13. Section 80.1500 is amended by revising the definitions of ``E10'',
``E15'', and ``EX'' to read as follows:

Sec.  80.1500  Definitions.

* * * * *
    E10 means a gasoline-ethanol blend that contains at least 9 and no
more than 10 volume percent ethanol.
    E15 means a gasoline-ethanol blend that contains greater than 10
volume percent ethanol and not more than 15 volume percent ethanol.
    EX means a gasoline-ethanol blend that contains less than 9 volume
percent ethanol where X equals the maximum volume percent ethanol in
the gasoline-ethanol blend.
* * * * *

0
14. Section 80.1501 is amended as follows:
0
a. By revising the section heading.
0
b. By revising paragraph (a) introductory text.
0
c. By revising paragraphs (b)(3)(i), (b)(3)(iv), and (b)(4)(ii).

Sec.  80.1501  What are the labeling requirements that apply to
retailers and wholesale purchaser-consumers of gasoline-ethanol blends
that contain greater than 10 volume percent ethanol and not more than
15 volume percent ethanol?

    (a) Any retailer or wholesale purchaser-consumer who sells,
dispenses, or offers for sale or dispensing E15 shall affix the
following conspicuous and legible label to the fuel dispenser:
* * * * *

    (b) * * *
    (3) * * *
    (i) The word ``ATTENTION'' shall be capitalized in 20-point,
orange, Helvetica Neue LT 77 Bold Condensed font, and shall be placed
in the top 1.25 inches of the label as further described in paragraph
(b)(4)(iii) of this section.
* * * * *
    (iv) The words ``Use only in'' shall be in 20-point, left-
justified, black, Helvetica Bold font in the bottom 1.875 inches of the
label.
* * * * *
    (4) * * *
    (ii) The background of the bottom 1.875 inches of the label shall
be orange.
* * * * *

0
15. Section 80.1502 is amended as follows:
0
a. By revising paragraph (b)(1).
0
b. By revising paragraphs (b)(3)(iii)(A) and (b)(3)(iv) introductory
text.
0
c. By revising paragraphs (b)(4)(iv)(B) and (b)(4)(v)(A).
0
d. By revising paragraphs (c)(4), (c)(6), and (c)(7).
0
e. By revising paragraphs (d)(3) and (d)(4).

Sec.  80.1502  What are the survey requirements related to gasoline-
ethanol blends?

* * * * *
    (b) * * *
    (1) To comply with the requirements under this paragraph (b), any
gasoline refiner, gasoline importer, ethanol blender, ethanol producer,
or ethanol importer who manufactures, introduces into commerce, sells
or offers for sale E15, gasoline, blendstock for oxygenate blending,
ethanol, or gasoline-ethanol blend intended for use in or as E15 must
participate in a consortium which arranges to have an independent
survey association conduct a statistically valid program of compliance
surveys pursuant to a survey program plan which has been approved by
EPA, in accordance with the requirements of paragraphs (b)(2) through
(b)(5) of this section.
* * * * *
    (3) * * *
    (iii) * * *
    (A) Samples collected at retail outlets shall be shipped the same
day the samples are collected via ground service to the laboratory and
analyzed for oxygenate content. Samples collected at a dispenser
labeled E15 in any manner, or at a tank serving such a dispenser, shall
also be analyzed for RVP during the high ozone season defined in Sec.
80.27(a)(2)(ii) or any SIP approved or promulgated under sections 110
or 172 of the Clean Air Act. Such analysis shall be completed within 10
days after receipt of the sample in the laboratory. Nothing in this
section shall be interpreted to require RVP testing of a sample from
any dispenser or tank serving it unless the dispenser is labeled E15 in
any manner.
* * * * *
    (iv) In the case of any test that yields a result that does not
match the label affixed to the product (e.g., a sample greater than 15
volume percent ethanol dispensed from a fuel dispenser labeled as
``E15'' or a sample containing greater than 10 volume percent ethanol
and not more than 15 volume percent ethanol dispensed from a fuel
dispenser not labeled as ``E15''), or the RVP standard of Sec.
80.27(a)(2) or any SIP approved or promulgated under sections 110 or
172 of the Clean Air Act, the independent survey association shall,
within 24 hours after the laboratory has completed analysis of the
sample, send notification of the test result as follows:
* * * * *
    (4) * * *
    (iv) * * *
    (B) In the case of any retail outlet from which a sample of
gasoline was collected during a survey and determined to have an
ethanol content that does not match the fuel dispenser label (e.g., a
sample greater than 15 volume percent ethanol dispensed from a fuel
dispenser labeled as ``E15'' or a sample with greater than 10 volume
percent ethanol and not more than 15 volume percent ethanol dispensed
from a fuel dispenser not labeled as ``E15'') or determined to have a
dispenser containing fuel whose RVP does not comply with Sec.
80.27(a)(2) or any SIP approved or promulgated under sections 110 or
172 of the Clean Air Act, that retail outlet shall be included in the
subsequent survey.
* * * * *
    (v) * * *
    (A) The minimum number of samples to be included in the survey plan
for each calendar year shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR18JY14.003

Where:
n = Minimum number of samples in a year-long survey series.
    However, in no case shall n be smaller than 7,500.
Z[alpha] = Upper percentile point from the normal distribution to
achieve a one-tailed 95% confidence level (5% [alpha]-level). Thus,
Z[alpha] equals 1.645.
Z[beta] = Upper percentile point to achieve 95% power. Thus, Z[beta]
equals 1.645.
[phis]1 = The maximum proportion of non-compliant
stations for a region to be deemed compliant. In this test, the
parameter needs to be 5% or greater, i.e., 5% or more of the
stations, within a stratum such that the region is considered non-
compliant. For this survey, [phis]1 will be 5%.
[phis]o = The underlying proportion of non-compliant
stations in a sample. For the first survey plan, [phis]o
will be 2.3%. For subsequent survey plans, [phis]o will
be the average of the proportion of stations found to be non-
compliant over the previous four surveys.
Stn = Number of sampling strata. For purposes of this
survey program, Stn equals 3.
Fa = Adjustment factor for the number of extra samples
required to compensate for collected samples that cannot be included
in the survey, based on the number of additional samples required
during the previous four surveys. However, in no case shall the
value of Fa be smaller than 1.1.
Fb = Adjustment factor for the number of samples required
to resample each retail outlet with test results exceeding the
labeled amount (e.g., a sample greater than 15 volume percent
ethanol dispensed from a fuel dispenser labeled as ``E15'', a sample
with greater than 10 volume percent ethanol and not more than 15
volume percent ethanol dispensed from a fuel dispenser not labeled
as ``E15''), or a sample dispensed from a fuel dispenser labeled as
``E15'' with greater than the applicable seasonal and geographic RVP
pursuant to Sec.  80.27, based on the rate of resampling required
during the previous four surveys. However, in no case shall the
value of Fb be smaller than 1.1.
    Sun = Number of surveys per year. For purposes of
this survey program, Sun equals 4.

* * * * *
    (c) * * *
    (4) The survey program plan must be sent to the following
address: Director, Compliance Division, U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW. Mail Code 6506J,
Washington, DC 20460.
* * * * *
    (6) The approving official for a survey plan under this section
is the Director of the Compliance Division, Office of Transportation
and Air Quality.

    (7) Any notifications or reports required to be submitted to EPA
under this section must be directed to the official designated in
paragraph (c)(4) of this section.
    (d) * * *
    (3) For the first year in which a survey program will be
conducted, no later than 15 days preceding the start of the survey
EPA must receive a copy of the contract with the independent
surveyor and proof that the money necessary to carry out the survey
plan has either been paid to the independent surveyor or placed into
an escrow account; if the money has been placed into an escrow
account, a copy of the escrow agreement must to be sent to the
official designated in paragraph (c)(4) of this section.
    (4) For subsequent years in which a survey program will be
conducted, no later than December 15 of the year preceding the year
in which the survey will be conducted, EPA must receive a copy of
the contract with the independent surveyor and proof that the money
necessary to carry out the survey plan has either been paid to the
independent surveyor or placed into an escrow account; if placed
into an escrow account, a copy of the escrow agreement must be sent
to the official designated in paragraph (c)(4) of this section.
* * * * *

0
16. Section 80.1503 is amended as follows:
0
a. By revising paragraphs (a)(1)(vi)(B) and (a)(1)(vi)(C).
0
b. By revising paragraph (a)(2).
0
c. By adding paragraph (a)(3).
0
d. By revising paragraphs (b)(1)(vi)(B) through (D).

Sec.  80.1503  What are the product transfer document requirements for
gasoline-ethanol blends, gasolines, and conventional blendstocks for
oxygenate blending subject to this subpart?

    (a) * * *
    (1) * * *
    (vi) * * *
    (B) For gasoline designed for the special provisions for gasoline-
ethanol blends in Sec.  80.27(d)(2), information about the ethanol
content and RVP in paragraphs (a)(1) through (a)(3) of this section,
with insertions as indicated:
    (1) ``Suitable for the special RVP provisions for ethanol blends
that contain between 9 and 10 vol % ethanol.''.
    (2) ``The RVP of this blendstock/gasoline for oxygenate blending
does not exceed [Fill in appropriate value] psi.''.
    (3) ``The use of this blendstock/gasoline to manufacture a
gasoline-ethanol blend containing anything other than between 9 and 10
volume percent ethanol may cause a summertime RVP violation.''.
    (C) For gasoline not described in paragraph (a)(1)(vi)(B) of this
section, information regarding the suitable ethanol content, stated in
the following format: ``Suitable for blending with ethanol at a
concentration of no more than 15 vol % ethanol.''.
    (2) The requirements in paragraph (a)(1) of this section do not
apply to reformulated gasoline blendstock for oxygenate blending, as
defined in Sec.  80.2(kk), which is subject to the product transfer
document requirements of Sec. Sec.  80.69 and 80.77.
    (3) Except for transfers to truck carriers, retailers, or wholesale
purchaser-consumers, product codes may be used to convey the
information required under paragraph (a)(1) of this section if such
codes are clearly understood by each transferee.
    (b) * * *
    (1) * * *
    (vi) * * *
    (B) For gasoline containing less than 9 volume percent ethanol, the
following statement: ``EX--Contains up to X% ethanol. The RVP does not
exceed [fill in appropriate value] psi.'' The term X refers to the
maximum volume percent ethanol present in the gasoline.
    (C) For gasoline containing between 9 and 10 volume percent ethanol
(E10), the following statement: ``E10: Contains between 9 and 10 vol %
ethanol. The RVP does not exceed [fill in appropriate value] psi. The 1
psi RVP waiver applies to this gasoline. Do not mix with gasoline
containing anything other than between 9 and 10 vol % ethanol.''.
    (D) For gasoline containing greater than 10 volume percent and not
more than 15 volume percent ethanol (E15), the following statement:
``E15: Contains up to 15 vol % ethanol. The RVP does not exceed [fill
in appropriate value] psi.''.
* * * * *

0
17. Section 80.1504 is amended by revising paragraphs (a)(1), (a)(3),
(b) through (e), and (g) to read as follows:

Sec.  80.1504  What acts are prohibited under this subpart?

* * * * *
    (a)(1) Sell, introduce, cause or permit the sale or introduction of
gasoline containing greater than 10 volume percent ethanol (i.e.,
greater than E10) into any model year 2000 or older light-duty gasoline
motor vehicle, any heavy-duty gasoline motor vehicle or engine, any
highway or off-highway motorcycle, or any gasoline-powered nonroad
engines, vehicles or equipment.
* * * * *
    (3) Be prohibited from manufacturing, selling, introducing, or
causing or allowing the sale or introduction of gasoline containing
greater than 10 volume percent ethanol into any flex-fuel vehicle,
notwithstanding paragraphs (a)(1) and (a)(2) of this section.
    (b) Sell, offer for sale, dispense, or otherwise make available at
a retail or wholesale purchaser-consumer facility E15 that is not
correctly labeled in accordance with Sec.  80.1501.
    (c) Fail to fully or timely implement, or cause a failure to fully
or timely implement, an approved survey required under Sec.  80.1502.
    (d) Fail to generate, use, transfer and maintain product transfer
documents that accurately reflect the type of product, ethanol content,
maximum RVP, and other information required under Sec.  80.1503.
    (e)(1) Improperly blend, or cause the improper blending of, ethanol
into conventional blendstock for oxygenate blending, gasoline or
gasoline already containing ethanol, in a manner inconsistent with the
information on the product transfer document under Sec.
80.1503(a)(1)(vi) or (b)(1)(vi).
    (2) No person shall produce a fuel designated as E10 by blending
ethanol and gasoline in a manner designed to produce a fuel that
contains less than 9.0 or more than 10.0 volume percent ethanol.
    (3) No person shall produce a fuel designated as E15 by blending
ethanol and gasoline in a manner designed to produce a fuel that
contains less than 10.0 volume percent ethanol or more than 15.0 volume
percent ethanol.
* * * * *
    (g) For gasoline during the regulatory control periods, combine any
gasoline-ethanol blend that qualifies for the 1 psi allowance under the
special regulatory treatment as provided by Sec.  80.27(d) applicable
to 9-10 volume percent gasoline-ethanol blends with any gasoline
containing less than 9 volume percent ethanol or more than 10 volume
percent ethanol up to a maximum of 15 volume percent ethanol.
* * * * *

0
18. A new Sec.  80.1509 is added to subpart N to read as follows:

Sec.  80.1509  Rounding a test result for purposes of this subpart N.

    The provisions of Sec.  80.9 apply for purposes of determining the
ethanol content of a gasoline-ethanol blend under this subpart.

[FR Doc. 2014-16413 Filed 7-17-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 87, Number 215 (Tuesday, November 8, 2022)]
[Notices]
[Pages 67513-67514]
[FR Doc No: 2022-24284]

=======================================================================
-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-96213; File No. SR-NYSEARCA-2022-61]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of
Designation of a Longer Period for Commission Action on a Proposed Rule
Change To List and Trade the Shares of the Breakwave Tanker Shipping
ETF

November 2, 2022.
    On September 13, 2022, NYSE Arca, Inc. (``NYSE Arca'') filed with
the Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
the shares of the Breakwave Tanker Shipping ETF. The proposed rule
change was published for comment in the Federal Register on September
27, 2022.\3\
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 95853 (Sept. 21,
2022), 87 FR 58552.
---------------------------------------------------------------------------

    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days (i) as the Commission may
designate if it finds such longer period to be appropriate and
publishes its reasons for so finding or (ii) as to which the self-
regulatory organization consents, the Commission shall either approve
the proposed rule change, disapprove the proposed rule change, or
institute proceedings to determine whether the proposed rule change
should be disapproved. The 45th day after publication of the notice for
this proposed rule change is November 11, 2022. The Commission is
extending this 45-day time period.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

    The Commission finds that it is appropriate to designate a longer
period within which to take action on the proposed rule change so that
it has sufficient time to consider the proposed rule change and the
comments received. Accordingly, pursuant to Section 19(b)(2) of the
Act,\5\ the Commission designates December 26, 2022, as the date by
which the Commission shall either approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
change (File No. SR-NYSEARCA-2022-61).
---------------------------------------------------------------------------

    \5\ Id.

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

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
---------------------------------------------------------------------------

    \6\ 17 CFR 200.30-3(a)(31).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Deputy Secretary.
[FR Doc. 2022-24284 Filed 11-7-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 175 (Monday, September 10, 2018)]
[Rules and Regulations]
[Pages 45567-45569]
[FR Doc No: 2018-19511]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2018-0813]
RIN 1625-AA00

Safety Zone; Upper Mississippi River Mile Markers 824 to 832, St.
Paul, MN

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone for
the navigable waters of the Upper Mississippi River from mile marker
(MM) 824 to MM 832. The safety zone is needed to protect persons,
vessels, and the marine environment from potential hazards created by
an oil spill response exercise. Entry of vessels or persons into this
zone is prohibited unless specifically authorized by the Captain of the
Port Sector Upper Mississippi River or a designated representative.

DATES: This rule is effective from 8 a.m. through 5 p.m. on September
12, 2018, or until the exercise concludes, whichever occurs first.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2018-0813 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant Commander Christian Barger, Sector Upper
Mississippi River Waterways Management Division, U.S. Coast Guard;
telephone<PHONE_NUMBER>, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port Sector Upper Mississippi River
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(3)(B), the Coast Guard finds that
good cause exists for not publishing a notice of proposed rulemaking
(NPRM) with respect to this rule because it is impracticable. This
safety zone must be established by September 12, 2018, and we lack
sufficient time to provide a reasonable comment period and then
consider those comments before issuing this rule. The NPRM process
would delay the establishment of the safety zone until after the date
of the oil spill response exercise and compromise public safety.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register. Delaying the effective date of
this rule would be contrary to the public interest because immediate
action is necessary to respond to the potential hazards associated with
the oil spill response exercise.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1231. The Captain of the Port Sector Upper Mississippi River (COTP) has
determined that potential hazards associated with oil spill response
exercise activities and equipment deployment will be a safety concern
for anyone on the navigable waters of the Upper Mississippi River from
mile marker (MM) 824 to MM 832. This rule is needed to protect persons,
vessels, and the marine environment on the navigable waters within the
safety zone while the oil spill response crews are operating in the
area and while the oil spill removal equipment is deployed in the
river.

IV. Discussion of the Rule

    This rule establishes a temporary safety zone from 8 a.m. through 5
p.m. on September 12, 2018. The safety zone will cover all navigable
waters of the Upper Mississippi River from MM 824 to MM 832. The
duration of the zone is intended to protect persons, vessels, and the
marine environment in these navigable waters while the oil spill
response crews are operating in the area and while the oil spill
removal equipment is deployed in the river. No vessel or person will be
permitted to enter the safety zone without obtaining permission from
the COTP or a designated representative. A designated representative is
a commissioned, warrant, or petty officer of the U.S. Coast Guard
assigned to units under the operational control of USCG Sector Upper
Mississippi River.
    Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. They may be
contacted by telephone at<PHONE_NUMBER> or on VHF-FM channel 16. Persons
and vessels permitted to enter this safety zone must transit at their
slowest safe speed and comply with all lawful directions issued by the
COTP or the designated representative. The COTP or a designated
representative will inform the public of the enforcement times and date
for this safety zone through Broadcast Notices to Mariners (BNMs),
Local Notices to Mariners (LNMs), and/or Marine Safety Information
Bulletins (MSIBs) as appropriate.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
Executive orders related to rulemaking. Below we summarize our analyses
based on a number of these statutes and Executive orders, and we
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 13563 (``Improving Regulation and Regulatory
Review'') and 12866 (``Regulatory Planning and Review'') direct
agencies to assess the costs and benefits of available regulatory
alternatives and, if regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs'') directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a ``significant regulatory action,'' under section 3(f) of
Executive Order 12866. Accordingly, OMB has not reviewed it. As this
rule is not a significant

regulatory action, this rule is exempt from the requirements of
Executive Order 13771. See OMB's Memorandum ``Guidance Implementing
Executive Order 13771, Titled `Reducing Regulation and Controlling
Regulatory Costs' '' (April 5, 2017).
    This regulatory action determination is based on the size,
location, and duration of the safety zone. This safety zone impacts an
eight mile stretch of the Upper Mississippi River for eight hours on
one day. Moreover, the Coast Guard will issue Broadcast Notice to
Mariners via VHF-FM marine channel 16 about the zone, and the rule
allows vessels to seek permission to enter the zone.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
temporary safety zone may be small entities, for the reasons stated in
section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect 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. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Directive 023-01 and Commandant Instruction M16475.1D, which guide the
Coast Guard in complying with the National Environmental Policy Act of
1969 (42 U.S.C. 4321-4370f), and have determined that this action is
one of a category of actions that do not individually or cumulatively
have a significant effect on the human environment. This rule involves
a safety zone lasting approximately eight hours on one day that will
prohibit entry on the navigable waters of the Upper Mississippi River
from MM 824 to MM 832. It is categorically excluded from further review
under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual
023-01-001-01, Rev. 01. A Record of Environmental Consideration (REC)
supporting this determination is available in the docket where
indicated under ADDRESSES.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1,
6.04-6, and 160.5; Department of Homeland Security Delegation No.
0170.1.

0
2. Add Sec.  165.T08-0813 to read as follows:

Sec.  165.T08-0813   Safety zone; Upper Mississippi River mile markers
824 to 832, St. Paul, MN.

    (a) Location. The following area is a safety zone: All navigable
waters of the Upper Mississippi River from mile marker (MM) 824 to MM
832, extending the entire width of the river.
    (b) Effective period. This section will be enforced from 8 a.m.
through 5 p.m. on September 12, 2018, or until the exercise concludes,
whichever occurs first.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry of vessels or persons into this zone
is prohibited unless specifically authorized by the Captain of the Port
Sector Upper Mississippi River (COTP) or designated representative. A
designated representative is a commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to

units under the operational control of USCG Sector Upper Mississippi
River.
    (2) Vessels requiring entry into this safety zone must request
permission from the COTP or a designated representative. To seek entry
into the safety zone, contact the COTP or the COTP's designated
representative by telephone at<PHONE_NUMBER> or on VHF-FM channel 16.
    (3) Persons and vessels permitted to enter this safety zone must
transit at their slowest safe speed and comply with all lawful
directions issued by the COTP or the designated representative.
    (d) Information broadcasts. The COTP or a designated representative
will inform the public of the enforcement times and date for this
safety zone through Broadcast Notices to Mariners (BNMs), Local Notices
to Mariners (LNMs), and/or Marine Safety Information Bulletins (MSIBs)
as appropriate.

    Dated: August 27, 2018.
Scott A. Stoermer,
CAPT, U.S. Coast Guard, Captain of the Port Sector Upper Mississippi
River.
[FR Doc. 2018-19511 Filed 9-7-18; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register: April 14, 2010 (Volume 75, Number 71)]
[Rules and Regulations]
[Page 19246-19248]
[DOCID:fr14ap10-13]

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

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2009-0809]
RIN 1625-AA00

Safety Zone; Desert Storm, Lake Havasu, AZ

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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

SUMMARY: The Coast Guard is establishing a temporary safety zone within
the Thompson Bay region of the navigable waters of the Colorado River
in Lake Havasu, Lake Havasu City, Arizona in support of the Desert
Storm Exhibition Run. This temporary safety zone is necessary to
provide for the safety of the participants, crew, spectators,
participating vessels and other vessels and users of the waterway.
Persons and vessels are prohibited from entering into, transiting
through, or anchoring within this safety zone unless authorized by the
Captain of the Port, or his designated representative.

DATES: This rule is effective from 8 a.m. on April 23, 2010 through
5:30 p.m. on April 25, 2010.

ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket USCG-2009-0809 and are available online
by going to http://www.regulations.gov, inserting USCG-2009-0809 in the
``Keyword'' box, and then clicking ``Search.'' They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Shane Jackson, Waterways
Management, U.S. Coast Guard Sector San Diego, Coast Guard; telephone
619-278-7267, e-mail<EMAIL_ADDRESS>If you have questions on
viewing the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists, as publishing a notice of proposed rulemaking (NPRM) with
respect to this rule would be impracticable, because immediate action
is necessary to ensure the safety of the crew, spectators, and other
vessels and users of the waterway.

Background and Purpose

    The Lake Racer LLC is sponsoring the Desert Storm Charity Poker Run
and Exhibition Run, which is to be held on Thompson Bay region of the
Colorado River in Lake Havasu City, Arizona. A temporary safety zone is
necessary to provide for the safety of the participants, crew,
spectators, sponsor vessels, and other users of the waterway. This
event involves powerboats participating in an exhibition run on a
closed course. The size of the boats varies from 21 to 55 feet.
Approximately 150 to 200 boats will participate in this event. The
sponsor will provide 2 rescue boats and 20 safety patrol boats, along
with EMT and Rescue divers, for the safety of this event.

Discussion of Rule

    The Coast Guard is establishing a safety zone that will be enforced
from 8:00 a.m. on April 23, 2010 to 5:30 p.m. on April 25, 2010. This
safety zone is necessary to provide for the safety of the crews,
spectators, and participants of the regatta and to protect other
vessels and users of the waterway. Persons and vessels will be
prohibited from entering into, transiting through, or anchoring within
this safety zone unless authorized by the Captain of the Port, or his
designated representative. This temporary safety zone extends to the
area encompassed by the following coordinates:

34[deg]27.84' N, 114[deg]20.64' W;
34[deg]27.76' N, 114[deg]20.80' W;
34[deg]27.58' N, 114[deg]20.81' W;
34[deg]26.11' N, 114[deg]19.17' W; and
34[deg]26.42' N, 114[deg]18.90' W.

The Coast Guard may be assisted by the other federal, state, or local
agencies, including the Coast Guard Auxiliary. Vessel or persons
violating this section will be subject to both criminal and civil
penalties.

Regulatory Analyses

    We developed this rule after considering numerous statutes and

executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    This determination is based on the duration and location of the
safety zone. The safety zone will only be in effect a short time.
Vessels will be allowed to transit through the designated safety zone
during the specified times if they are authorized to do so from the
Captain of the Port or his designated representative.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
    This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in a portion of the lower Colorado River from 8 a.m. on April
23, 2010 through to 5:30 p.m. on April 25, 2010.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone will apply to the entire width of the river,
traffic will be allowed to pass through the zone with the permission of
the Coast Guard patrol commander. There will be escort vessels for
vessel traffic to pass through the zone once authorized to do so by the
Captain of the Port or his designated representative. Before the
effective period, the Coast Guard will publish a local notice to
mariners (LNM) and will issue broadcast notice to mariners (BNM) alerts
via Marine Channel 16 VHF before the safety zone is enforced.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not effect a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.

    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
this action is one of a category of actions which do not individually
or cumulatively have a significant effect on the human environment.
This rule is categorically excluded, under figure 2-1, paragraph
(34)(g), of the Instruction. This rule involves establishing a safety
zone for a marine event. An environmental analysis checklist and a
categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security measures, Waterways.

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, 160.5; Pub.
L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T11-297 to read as follows:

Sec.  165.T11-297  Safety zone; Desert Storm, Lake Havasu, AZ

    (a) Location. The location of the safety zone includes all waters
of Thompson Bay of the Colorado River and land adjacent to those waters
encompassed by the following coordinates

34[deg]27.84' N, 114[deg]20.64' W;
34[deg]27.76' N, 114[deg]20.80' W;
34[deg]27.58' N, 114[deg]20.81' W;
34[deg]26.11' N, 114[deg]19.17' W; and
34[deg]26.42' N, 114[deg]18.90' W.

    (b) Enforcement period. This rule will be enforced from 8 a.m. on
April 23, 2010, to 5:30 p.m. on April 25, 2010. If the need for the
safety zone ends before the scheduled termination times, the Captain of
the Port will cease enforcement of this safety zone.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, state, and federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other Federal, state, or
local agencies.

    Dated: March 27, 2010.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2010-8478 Filed 4-13-10; 8:45 am]
BILLING CODE 9110-04-P