[Federal Register Volume 87, Number 176 (Tuesday, September 13, 2022)]
[Proposed Rules]
[Page 55976]
[FR Doc No: 2022-19694]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2017-0443; FRL-10193-01-R1]

Air Plan Approval; Rhode Island; Prevention of Significant
Deterioration Infrastructure State Implementation Plan Elements for the
2012 PM2.5 NAAQS

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving three
elements of a State Implementation Plan (SIP) revision, which was
submitted by the State of Rhode Island on December 6, 2017. This
revision addressed the infrastructure requirements of the Clean Air Act
(CAA or the Act) for the 2012 annual fine particle (PM2.5)
National Ambient Air Quality Standard (NAAQS). On May 31, 2022, EPA
approved much of the submission, but did not act on three elements
related to the infrastructure requirement to have a comprehensive
Prevention of Significant Deterioration (PSD) program. In today's
action, EPA is approving the three remaining elements of the state's
December 2017 infrastructure SIP submittal based on a previous EPA
approval of Rhode Island's Air Pollution Control Regulation (APCR) No.
9. This action is being taken in accordance with the Clean Air Act.

DATES: Written comments must be received on or before October 13, 2022.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R01-
OAR-2017-0443 at https://www.regulations.gov, or via email to
[email protected]. For comments submitted at Regulations.gov,
follow the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from Regulations.gov. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the FOR FURTHER INFORMATION CONTACT section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit https://www.epa.gov/dockets/commenting-epa-dockets. Publicly
available docket materials are available at https://www.regulations.gov
or at the U.S. Environmental Protection Agency, EPA Region 1 Regional
Office, Air and Radiation Division, 5 Post Office Square--Suite 100,
Boston, MA. EPA requests that if at all possible, you contact the
contact listed in the FOR FURTHER INFORMATION CONTACT section to
schedule your inspection. The Regional Office's official hours of
business are Monday through Friday, 8:30 a.m. to 4:30 p.m., excluding
legal holidays and facility closures due to COVID-19.

FOR FURTHER INFORMATION CONTACT: Alison C. Simcox, Air Quality Branch,
U.S. Environmental Protection Agency, EPA Region 1, 5 Post Office
Square--Suite 100, (Mail code 05-2), Boston, MA 02109-3912, tel. (617)
918-1684, email [email protected].

SUPPLEMENTARY INFORMATION: In the Final Rules section of this issue of
the Federal Register, EPA is approving the State's SIP submittal as a
direct final rule without prior proposal because the Agency views this
as a noncontroversial submittal and anticipates no adverse comments. A
detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time. Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
    For additional information, see the direct final rule which is
located in the Rules section of this issue of the Federal Register.

    Dated: September 7, 2022.
David Cash,
Regional Administrator, EPA Region 1.
[FR Doc. 2022-19694 Filed 9-12-22; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 53 (Monday, March 20, 2023)]
[Rules and Regulations]
[Pages 16551-16553]
[FR Doc No: 2023-03950]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 1100, 1107, 1114, 1140, and 1143

[Docket No. FDA-2022-N-3262]

Definition of the Term ``Tobacco Product'' in Regulations Issued
Under the Federal Food, Drug, and Cosmetic Act

AGENCY: Food and Drug Administration, Department of Health and Human
Services (HHS).

ACTION: Technical amendment.

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SUMMARY: The Food and Drug Administration (FDA) is announcing
conforming changes to its regulations issued under the Federal Food,
Drug, and Cosmetic Act (FD&C Act) as required by the Consolidated
Appropriations Act of 2022, which amended the term ``tobacco product''
in the FD&C Act to include products that contain nicotine from any
source.

DATES: The technical amendments to title 21 of the Code of Federal
Regulations (CFR) are effective March 20, 2023.

FOR FURTHER INFORMATION CONTACT: Paul Hart or Laura Chilaka, Center for
Tobacco Products, Food and Drug Administration, Document Control
Center, 10903 New Hampshire Ave., Bldg. 71, Rm. G335, Silver Spring, MD
20993,<PHONE_NUMBER>, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The Family Smoking Prevention and Tobacco Control Act (Tobacco
Control Act) (Pub. L. 111-31) was enacted on June 22, 2009, amending
the FD&C Act and providing FDA with the authority to regulate tobacco
products. Section 201(rr) of the FD&C Act (21 U.S.C. 321(rr)), as
amended by the Tobacco Control Act, defined the term ``tobacco
product'' to mean any product made or derived from tobacco that is
intended for human consumption, including any component, part, or
accessory of a tobacco product (except for raw materials other than
tobacco used in manufacturing a component, part, or accessory of a
tobacco product). It further stated that the term ``tobacco product''
does not mean an article that is a drug under section 201(g)(1), a
device under section 201(h), or a combination product described in
section 503(g) of the FD&C Act (21 U.S.C. 353(g)).
    The Consolidated Appropriations Act of 2022 (the Appropriations
Act) (Pub. L. 117-103), enacted on March 15, 2022, amended the
definition of the term ``tobacco product'' in section 201(rr) of the
FD&C Act to include products that contain nicotine from any source. It
further amended the definition to exclude articles that are foods under
section 201(f) of the FD&C Act if such articles contain no nicotine or
no more than trace amounts of naturally occurring nicotine. The
Appropriations Act also amended section 901(b) of the FD&C Act (21
U.S.C. 387a(b)), which concerns FDA authority over tobacco products, by
adding a sentence stating chapter IX of the FD&C Act shall also apply
to any tobacco product containing nicotine that is not made or derived
from tobacco. As a result, tobacco products that contain non-tobacco
nicotine (NTN), including synthetic nicotine, are now subject to the
provisions in chapter IX of the FD&C Act (21 U.S.C. 387 to 387t),
including, but not limited to the:
     Adulteration and misbranding provisions (sections 902 and
903 of the FD&C Act);
     Required submission of ingredient listing and reporting of
harmful and potentially harmful constituents for all tobacco products
(section 904 of the FD&C Act);
     Required establishment registration and product listing
(section 905 of the FD&C Act);
     Prohibition of selling tobacco products to individuals
under 21 years of age (section 906(d)(5) of the FD&C Act);
     Requirement that new tobacco products have an FDA
marketing order (section 910 of the FD&C Act) in effect; and
     Requirement that modified risk tobacco products have a
modified risk order in effect (section 911 of the FD&C Act).
    The Appropriations Act further states that products that are
tobacco products under the amended definition in section 201(rr) of the
FD&C Act shall be subject to all requirements of regulations for
tobacco products and specifies that the term ``tobacco product'' in
regulations and guidance issued, in whole or in part, under the FD&C
Act shall have the meaning of, and shall be deemed amended to reflect
the meaning of, the amended definition in section 201(rr). As a result,
beginning April 14, 2022, tobacco products that contain NTN, including
synthetic nicotine, are subject to the provisions that apply to tobacco
products in FDA's regulations, including, but not limited to:
     Refuse to accept criteria for premarket submissions (21
CFR 1105.10);
     Content and format requirements for premarket tobacco
product applications (21 CFR part 1114);
     Exemption from substantial equivalence requirements (21
CFR part 1107, subpart A); and
     Prohibition of the distribution of free samples (21 CFR
1140.16(d)).
    The Appropriations Act directs FDA to publish a notice in the
Federal Register to update the Code of Federal Regulations (CFR) to
reflect the deemed amendment to existing regulations and guidance.
Accordingly, we are making conforming changes to the CFR to reflect the
statutory amendments made by the Appropriations Act to tobacco product
regulations issued in whole or in part under the FD&C Act.\1\ Elsewhere
in this edition of the Federal Register, we are issuing a notice to
announce conforming changes to the definition of tobacco product in
guidances issued in whole or in part under the FD&C Act.
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    \1\ The Office of the Federal Register (OFR) has published this
document under the category ``Rules and Regulations'' with an action
heading of ``technical amendment'' pursuant to its interpretation of
1 CFR 5.9(b). We note that the categorization as such for purposes
of publication in the Federal Register does not affect the legal
content or intent of the document. See, 1 CFR 5.1(c).
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II. Description of Changes to FDA Regulations

    FDA is updating the definition of ``tobacco product'' in
regulations issued, in whole or in part, under the FD&C Act, to reflect
the amendments made by the Appropriations Act. The definition of
``tobacco product,'' where included in the text of FDA regulations, is
being updated to reflect the statutory amendments by adding the phrase
``or containing nicotine from any source'' after the words ``from
tobacco,'' and incorporating the exclusion of articles that are foods
as defined in section 201(f) of the FD&C Act if such articles contain
no nicotine or no more than trace amounts of naturally occurring
nicotine. The definition of ``tobacco product'' is being updated in the
following sections of the CFR:

                      Table 1--Updated Regulations
------------------------------------------------------------------------
                                                    OMB control No. (if
          21 CFR section (part/heading)               applicable) \2\
------------------------------------------------------------------------
1100.3 (Part 1100--General).....................  N/A.
1100.202 (Part 1100--Subpart C--Maintenance of    0910-0775.
 Records Demonstrating that a Tobacco Product
 was Commercially Marketed in the United States
 as of February 15, 2007).
1107.12 (Part 1107--Exemption Requests and        0910-0684 and 0910-
 Substantial Equivalence Reports).                 0673.
1114.3 (Part 1114--Premarket Tobacco Product      0910-0879.
 Applications).
1140.3 (Part 1140--Cigarettes, Smokeless          N/A.
 Tobacco, and Covered Tobacco Products).
1143.1 (Part 1143--Minimum Required Warning       0910-0768.
 Statements).
------------------------------------------------------------------------

    FDA is also revising 21 CFR 1100.1 and 1100.2 by adding the phrase
``any tobacco product containing nicotine not made or derived from
tobacco'' to the list of tobacco products subject to chapter IX of the
FD&C Act without needing to be deemed by regulation. These changes
simply reflect amendments made by the Appropriations Act to section
901(b) of the FD&C Act.
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    \2\ See Section III for additional information about the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) as it relates
to the regulations listed in table 1.
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III. Paperwork Reduction Act of 1995

    The amendments made by the Appropriations Act result in changes to
some previously approved collections of information that are subject to
review and approval by the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521). The
OMB control numbers for these information collections are listed in
table 1. FDA has published, and intends to continue publishing, notices
concerning proposed changes to the relevant information collection
activities in other editions of the Federal Register. In addition, in
compliance with the PRA, we will submit revisions to the current
information collections to OMB for review.

List of Subjects

21 CFR Parts 1100, 1107, and 1114

    Administrative practice and procedure, Cigars and cigarettes,
Smoking, Tobacco.

21 CFR Part 1140

    Advertising, Labeling, Smoking, Tobacco.

21 CFR Part 1143

    Advertising, Labeling, Packaging and containers, Smoking, Tobacco.

    Therefore, under the Federal Food, Drug, and Cosmetic Act, and
under authority delegated to the Commissioner of Food and Drugs, 21 CFR
parts 1100, 1107, 1114, 1140, and 1143 are amended as follows:

PART 1100--GENERAL

0
1. The authority citation for part 1100 is revised to read as follows:

    Authority: 21 U.S.C. 371, 374, 387a(b), 387e, 387i; Pub. L. 117-
103, 136 Stat. 49.

0
2. Add a heading for subpart A before Sec.  1100.1 to read as follows:

Subpart A--Tobacco Products Subject to FDA Authority

0
3. Revise Sec.  1100.1 to read as follows:

Sec.  1100.1  Scope.

    In addition to FDA's authority over cigarettes, cigarette tobacco,
roll-your-own tobacco, smokeless tobacco, and any tobacco product
containing nicotine not made or derived from tobacco, FDA deems all
other products meeting the definition of tobacco product under section
201(rr) of the Federal Food, Drug, and Cosmetic Act, except accessories
of such other tobacco products, to be subject to the Federal Food,
Drug, and Cosmetic Act.

Sec.  1100.2  [Amended]

0
4. In Sec.  1100.2, in the first sentence, add the words ``, and any
tobacco product containing nicotine not made or derived from tobacco''
after ``smokeless tobacco''.

0
5. In Sec.  1100.3, revise the definition of ``Tobacco product'' to
read as follows:

Sec.  1100.3  Definitions.

* * * * *
    Tobacco product, as stated in section 201(rr) of the Federal Food,
Drug, and Cosmetic Act in relevant part:
    (1) Means any product made or derived from tobacco, or containing
nicotine from any source, that is intended for human consumption,
including any component, part, or accessory of a tobacco product
(except for raw materials other than tobacco used in manufacturing a
component, part, or accessory of a tobacco product); and
    (2) Does not mean an article that is a drug under section 201(g)(1)
of the Federal Food, Drug, and Cosmetic Act; a device under section
201(h) of the Federal Food, Drug, and Cosmetic Act; a combination
product described in section 503(g) of the Federal Food, Drug, and
Cosmetic Act; or a food under 201(f) of the Federal Food, Drug, and
Cosmetic Act if such article contains no nicotine or no more than trace
amounts of naturally occurring nicotine.

0
6. In Sec.  1100.202, revise the definition of ``Tobacco product'' to
read as follows:

Sec.  1100.202  Definitions.

* * * * *
    Tobacco product means any product made or derived from tobacco, or
containing nicotine from any source, that is intended for human
consumption, including any component, part, or accessory of a tobacco
product (except for raw materials other than tobacco used in
manufacturing a component, part, or accessory of a tobacco product).
The term ``tobacco product'' does not mean an article that under the
Federal Food, Drug, and Cosmetic Act is: a drug (section 201(g)(1)); a
device (section 201(h)); a combination product (section 503(g)); or a
food (section 201(f)) if such article contains no nicotine or no more
than trace amounts of naturally occurring nicotine.
* * * * *

PART 1107--EXEMPTION REQUESTS AND SUBSTANTIAL EQUIVALENCE REPORTS

0
7. The authority citation for part 1107 is revised to read as follows:

    Authority:  21 U.S.C. 371, 374, 387e(j), 387i, 387j; Pub. L.
117-103, 136 Stat. 49.

0
8. In Sec.  1107.12, revise the definition of ``Tobacco product'' to
read as follows:

Sec.  1107.12  Definitions.

* * * * *
    Tobacco product means any product made or derived from tobacco, or
containing nicotine from any source, that is intended for human

consumption, including any component, part, or accessory of a tobacco
product (except for raw materials other than tobacco used in
manufacturing a component, part, or accessory of a tobacco product).
The term ``tobacco product'' does not mean an article that under the
Federal Food, Drug, and Cosmetic Act is: a drug (section 201(g)(1)); a
device (section 201(h)); a combination product (section 503(g)); or a
food (section 201(f)) if such article contains no nicotine or no more
than trace amounts of naturally occurring nicotine.
* * * * *

PART 1114--PREMARKET TOBACCO PRODUCT APPLICATIONS

0
9. The authority citation for part 1114 is revised to read as follows:

    Authority: 21 U.S.C. 371, 374, 387a, 387i, 387j; Pub. L. 117-
103, 136 Stat. 49.

0
10. In Sec.  1114.3, revise the definition of ``Tobacco product'' to
read as follows:

Sec.  1114.3  Definitions.

* * * * *
    Tobacco product means any product made or derived from tobacco, or
containing nicotine from any source, that is intended for human
consumption, including any component, part, or accessory of a tobacco
product (except for raw materials other than tobacco used in
manufacturing a component, part, or accessory of a tobacco product).
The term ``tobacco product'' does not mean an article that under the
Federal Food, Drug, and Cosmetic Act is: a drug (section 201(g)(1)); a
device (section 201(h)); a combination product (section 503(g)); or a
food (section 201(f)) if such article contains no nicotine or no more
than trace amounts of naturally occurring nicotine.
* * * * *

PART 1140--CIGARETTES, SMOKELESS TOBACCO, AND COVERED TOBACCO
PRODUCTS

0
11. The authority citation for part 1140 is revised to read as follows:

    Authority: 21 U.S.C. 301 et seq., 21 U.S.C. 387a-1, and Pub. L.
117-103, 136 Stat. 49.

0
12. In Sec.  1140.3, revise the definition of ``Tobacco product'' to
read as follows:

Sec.  1140.3  Definitions.

* * * * *
    Tobacco product, as stated in section 201(rr) of the Federal Food,
Drug, and Cosmetic Act in relevant part:
    (1) Means any product made or derived from tobacco, or containing
nicotine from any source, that is intended for human consumption,
including any component, part, or accessory of a tobacco product
(except for raw materials other than tobacco used in manufacturing a
component, part, or accessory of a tobacco product); and
    (2) Does not mean an article that is a drug under section 201(g)(1)
of the Federal Food, Drug, and Cosmetic Act; a device under section
201(h) of the Federal Food, Drug, and Cosmetic Act; a combination
product described in section 503(g) of the Federal Food, Drug, and
Cosmetic Act; or a food under 201(f) of the Federal Food, Drug, and
Cosmetic Act if such article contains no nicotine or no more than trace
amounts of naturally occurring nicotine.

PART 1143--MINIMUM REQUIRED WARNING STATEMENTS

0
13. The authority citation for part 1143 is revised to read as follows:

    Authority:  21 U.S.C. 387a(b), 387f(d), Pub. L. 117-103, 136
Stat. 49.

0
14. In Sec.  1143.1, revise the definition of ``Tobacco product'' to
read as follows:

Sec.  1143.1  Definitions.

* * * * *
    Tobacco product, as stated in section 201(rr) of the Federal Food,
Drug, and Cosmetic Act in relevant part:
    (1) Means any product made or derived from tobacco, or containing
nicotine from any source, that is intended for human consumption,
including any component, part, or accessory of a tobacco product
(except for raw materials other than tobacco used in manufacturing a
component, part, or accessory of a tobacco product); and
    (2) Does not mean an article that is a drug under section 201(g)(1)
of the Federal Food, Drug, and Cosmetic Act; a device under section
201(h) of the Federal Food, Drug, and Cosmetic Act; a combination
product described in section 503(g) of the Federal Food, Drug, and
Cosmetic Act; or a food under 201(f) of the Federal Food, Drug, and
Cosmetic Act if such article contains no nicotine or no more than trace
amounts of naturally occurring nicotine.

    Dated: February 22, 2023.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2023-03950 Filed 3-17-23; 8:45 am]
BILLING CODE 4164-01-P


manufacturer, by product type.
    (2) Foot the listings of gasoline tenders.
    (3) Compare the total volume from the gasoline tenders to the total
volume shipped in the inventory reconciliation analysis for each
product type and report any variances.
    (d) Listing of batches. An auditor must review listings of batches
as follows:
    (1) Obtain the batch reports submitted under subpart J of this
part.
    (2) Foot the batch volumes by product type.
    (3) Compare the total volume from the batch reports to the total
production or shipment volume from the inventory reconciliation
analysis specified in paragraph (b)(4) of this section for each product
type and report any variances.
    (4) Report as a finding in the attestation report any gasoline
batch with reported values that do not meet a per-gallon standard in
subpart C of this part.
    (e) Test methods. An auditor must follow the procedures specified
in Sec.  1090.1845 to determine whether the gasoline manufacturer
complies with the applicable quality control requirements specified in
Sec.  1090.1375.
    (f) Detailed testing of BOB tenders. An auditor must review a
detailed listing of BOB tenders as follows:
    (1) Select a representative sample from the listing of BOB tenders.
    (2) Obtain the associated PTD for each selected sample.
    (3) Using a unique identifier, confirm that the correct PTDs are
obtained for the samples and compare the volume on the listing of each
selected BOB tender to the associated PTD and report any exceptions.
    (4) Confirm that the PTD associated with each selected BOB tender
contains all the applicable language requirements under subpart L of
this part and report any exceptions.
    (g) Detailed testing of BOB batches. An auditor must review a
detailed listing of BOB batches as follows:
    (1) Select a representative sample from the BOB batch reports
submitted under subpart J of this part.
    (2) Obtain the volume documentation and laboratory analysis for
each selected BOB batch.
    (3) Compare the reported volume for each selected BOB batch to the
volume documentation and report any exceptions.
    (4) Compare the reported properties for each selected BOB batch to
the laboratory analysis and report any exceptions.

    (5) Compare the reported test methods used for each selected BOB
batch to the laboratory analysis and report any exceptions.
    (6) Determine each oxygenate type and amount that is required for
blending with the BOB.
    (7) Confirm that each oxygenate type and amount included in the BOB
hand blend agrees with the manufacturer's blending instructions for
each selected BOB batch and report any exceptions.
    (8) Confirm that the manufacturer participates in the NFSP under
Sec.  1090.1405, if applicable.
    (9) For a blending manufacturer, confirm that the laboratory
analysis includes test results for oxygenate content, if applicable,
and distillation parameters (i.e., T10, T50, T90, final boiling point,
and percent residue). For a blending manufacturer not required to
measure oxygenate content, confirm that records demonstrate that the
PCG or blendstock contained no oxygenate, no oxygenate was added to the
final gasoline batch, and the blending manufacturer did not account for
oxygenate added downstream under Sec.  1090.710.
    (h) Detailed testing of finished gasoline tenders. An auditor must
review a detailed listing of finished gasoline tenders as follows:
    (1) Select a representative sample from the listing of finished
gasoline tenders.
    (2) Obtain the associated PTD for each selected sample.
    (3) Using a unique identifier, confirm that the correct PTDs are
obtained for the samples and compare the volume on the listing for each
finished gasoline tender to the associated PTD and report any
exceptions.
    (4) Confirm that the PTD associated with each selected finished
gasoline tender contains all the applicable language requirements under
subpart L of this part and report any exceptions.
    (i) Detailed testing of finished gasoline batches. An auditor must
review a detailed listing of finished gasoline batches as follows:
    (1) Select a representative sample of finished gasoline batches
from the batch reports submitted under subpart J of this part.
    (2) Obtain the volume documentation and laboratory analysis for
each selected finished gasoline batch.
    (3) Compare the reported volume for each selected finished gasoline
batch to the volume documentation and report any exceptions.
    (4) Compare the reported properties for each selected finished
gasoline batch to the laboratory analysis and report any exceptions.
    (5) Compare the reported test methods used for each selected
finished gasoline batch to the laboratory analysis and report any
exceptions.
    (6) For a blending manufacturer, confirm that the laboratory
analysis includes test results for oxygenate content, if applicable,
and distillation parameters (i.e., T10, T50, T90, final boiling point,
and percent residue). For a blending manufacturer not required to
measure oxygenate content, confirm that records demonstrate that the
PCG or blendstock contained no oxygenate, no oxygenate was added to the
final gasoline batch, and the blending manufacturer did not account for
oxygenate added downstream under Sec.  1090.710.
    (j) Detailed testing of blendstock batches. In the case of adding
blendstock to TGP or PCG under Sec.  1090.1320(a)(2), an auditor must
review a detailed listing of blendstock batches as follows:
    (1) Select a representative sample of blendstock batches from the
batch reports submitted under subpart J of this part.
    (2) Obtain the volume documentation and the laboratory analysis for
each selected blendstock batch.
    (3) Compare the reported volume for each selected blendstock batch
to the volume documentation and report any exceptions.
    (4) Compare the reported properties for each selected blendstock
batch to the laboratory analysis and report any exceptions.
    (5) Compare the reported test methods used for each selected
blendstock batch to the laboratory analysis and report any exceptions.
    (6) For blending a manufacturer not required to measure oxygenate
content, confirm that records demonstrate that the PCG or blendstock
contained no oxygenate, no oxygenate was added to the final gasoline
batch, and the blending manufacturer did not account for oxygenate
added downstream under Sec.  1090.710.

Sec.  1090.1815  General procedures for gasoline importers.

    An auditor must perform the procedures in this section for a
gasoline importer.
    (a) Registration and EPA reports. An auditor must review
registration and EPA reports for a gasoline importer as specified in
Sec.  1090.1810(a).
    (b) Listing of imports. An auditor must review a listing of imports
as follows:
    (1) Obtain detailed listings of gasoline imports from the importer,
by product type.
    (2) Foot the listings of gasoline imports from the importer.
    (3) Obtain listings of gasoline imports directly from the third-
party customs broker, by product type.
    (4) Foot the listings of gasoline imports from the third-party
customs broker.
    (5) Compare the total volume from the importer's listings of
gasoline imports to the listings from the third-party customs broker
for each product type and report any variances.
    (6) Report in the attestation report the total imported volume for
each product type.
    (c) Listing of batches. An auditor must review listings of batches
as follows:
    (1) Obtain the batch reports submitted under subpart J of this
part.
    (2) Foot the batch volumes by product type.
    (3) Compare the total volume from the batch reports to the total
volume per the listings of gasoline imports obtained under paragraph
(b)(1) of this section for each product type and report any variances.
    (4) Report as a finding in the attestation report any gasoline
batches with parameter results that do not meet the per-gallon
standards in subpart C of this part.
    (d) Test methods. An auditor must follow the procedures specified
in Sec.  1090.1845 to determine whether the importer complies with the
quality control requirements specified in Sec.  1090.1375 for gasoline,
gasoline additives, and gasoline regulated blendstocks.
    (e) Detailed testing of BOB imports. An auditor must review a
detailed listing of BOB imports as follows:
    (1) Select a representative sample from the listing of BOB imports
from the importer and obtain the associated U.S. Customs Entry Summary
and PTD for each selected BOB import.
    (2) Using a unique identifier, confirm that the correct U.S.
Customs Entry Summaries are obtained for the samples and compare the
location that each selected BOB import arrived in the United States and
volume on the listing of BOB imports from the importer to the U.S.
Customs Entry Summary and report any exceptions.
    (3) Using a unique identifier, confirm that the correct PTDs are
obtained for the samples. Confirm that the PTD contains all the
applicable language requirements under subpart L of this part and
report any exceptions.
    (f) Detailed testing of BOB batches. An auditor must review a
detailed listing of BOB batches as follows:
    (1) Select a representative sample of BOB batches from the batch
reports submitted under subpart J of this part and obtain the volume
inspection report

and laboratory analysis for each selected BOB batch.
    (2) Compare the reported volume for each selected BOB batch to the
volume inspection report and report any exceptions.
    (3) Compare the reported properties for each selected BOB batch to
the laboratory analysis and report any exceptions.
    (4) Compare the reported test methods used for each selected BOB
batch to the laboratory analysis and report any exceptions.
    (5) Determine each oxygenate type and amount that is required for
blending with each selected BOB batch.
    (6) Confirm that each oxygenate type and amount included in the BOB
hand blend agrees within an acceptable range to each selected BOB batch
and report any exceptions.
    (7) Confirm that the importer participates in the NFSP under Sec.
1090.1405, if applicable.
    (g) Detailed testing of finished gasoline imports. An auditor must
review a detailed listing of finished gasoline imports as follows:
    (1) Select a representative sample from the listing of finished
gasoline imports from the importer and obtain the associated U.S.
Customs Entry Summary and PTD for each selected finished gasoline
import.
    (2) Using a unique identifier, confirm that the correct U.S.
Customs Entry Summaries are obtained for the samples and compare the
location that each selected finished gasoline import arrived in the
United States and volume on the listing of finished gasoline imports
from the importer to the U.S. Customs Entry Summary and report any
exceptions.
    (3) Using a unique identifier, confirm that the correct PTDs are
obtained for the samples. Confirm that the PTD contain all the
applicable language requirements under subpart L of this part and
report any exceptions.
    (h) Detailed testing of finished gasoline batches. An auditor must
review a detailed listing of finished gasoline batches as follows:
    (1) Select a representative sample of finished gasoline batches
from the batch reports submitted under subpart J of this part and
obtain the volume inspection report and laboratory analysis for each
selected finished gasoline batch.
    (2) Compare the reported volume for each selected finished gasoline
batch to the volume inspection report and report any exceptions.
    (3) Compare the reported properties for each selected finished
gasoline batch to the laboratory analysis and report any exceptions.
    (4) Compare the reported test methods used for each selected
finished gasoline batch to the laboratory analysis and report any
exceptions.
    (i) Additional procedures for certain gasoline imported by rail or
truck. An auditor must perform the following additional procedures for
an importer that imports gasoline into the United States by rail or
truck under Sec.  1090.1610:
    (1) Select a representative sample from the listing of batches
obtained under paragraph (c)(1) of this section and perform the
following for each selected batch:
    (i) Identify the point of sampling and testing associated with each
selected batch in the tank activity records from the supplier.
    (ii) Confirm that the sampling and testing occurred after the most
recent delivery into the supplier's storage tank and before
transferring product to the railcar or truck.
    (2)(i) Obtain a detailed listing of the importer's quality
assurance program sampling and testing results.
    (ii) Determine whether the frequency of the sampling and testing
meets the requirements in Sec.  1090.1610(a)(2).
    (iii) Select a representative sample from the importer's sampling
and testing records under the quality assurance program and perform the
following for each selected batch:
    (A) Obtain the corresponding laboratory analysis.
    (B) Determine whether the importer analyzed the test sample, and
whether they performed the analysis using the methods specified in
subpart N of this part.
    (C) Review the terminal test results corresponding to the time of
collecting the quality assurance test samples. Compare the terminal
test results with the test results from the quality assurance program,
noting any parameters with differences that are greater than the
reproducibility of the applicable method specified in subpart N of this
part.

Sec.  1090.1820  Additional procedures for gasoline treated as
blendstock.

    In addition to any applicable procedures required under Sec. Sec.
1090.1810 and 1090.1815, an auditor must perform the procedures in this
section for a gasoline manufacturer that imports GTAB under Sec.
1090.1615.
    (a) Listing of GTAB imports. An auditor must review a listing of
GTAB imports as follows:
    (1) Obtain a detailed listing of GTAB imports from the GTAB
importer.
    (2) Foot the listing of GTAB imports from the GTAB importer.
    (3) Obtain a listing of GTAB imports directly from the third-party
customs broker.
    (4) Foot the listing of GTAB imports from the third-party customs
broker and report any variances.
    (5) Compare the total volume from the GTAB importer's listing of
GTAB imports to the listing from the third-party customs broker.
    (6) Report in the attestation report the total imported volume of
GTAB and the corresponding facilities at which the GTAB was blended.
    (b) Listing of GTAB batches. An auditor must review a listing of
GTAB batches as follows:
    (1) Obtain the GTAB batch reports submitted under subpart J of this
part.
    (2) Foot the batch volumes.
    (3) Compare the total volume from the GTAB batch reports to the
total volume from the listing of GTAB imports in paragraph (a)(6) of
this section and report any variances.
    (c) Detailed testing of GTAB imports. An auditor must review a
detailed listing of GTAB imports as follows:
    (1) Select a representative sample from the listing of GTAB imports
obtained under paragraph (a)(1) of this section.
    (2) For each selected GTAB batch, obtain the U.S. Customs Entry
Summaries.
    (3) Using a unique identifier, confirm that the correct U.S.
Customs Entry Summaries are obtained for the samples. Compare the
volumes and locations that each selected GTAB batch arrived in the
United States to the U.S. Customs Entry Summary and report any
exceptions.
    (d) Detailed testing of GTAB batches. An auditor must review a
detailed listing of GTAB batches as follows:
    (1) Select a representative sample from the GTAB batch reports
obtained under paragraph (b)(1) of this section.
    (2) For each selected GTAB batch sample, obtain the volume
inspection report.
    (3) Compare the reported volume for each selected GTAB batch to the
volume inspection report and report any exceptions.
    (e) GTAB tracing. An auditor must trace and review the movement of
GTAB from importation to gasoline production as follows:
    (1) Compare the volume total on each GTAB batch report obtained
under paragraph (b)(1) of this section to the GTAB volume total in the
gasoline manufacturer's inventory reconciliation analysis under Sec.
1090.1810(b).
    (2) For each selected GTAB batch under paragraph (d)(1) of this
section:
    (i) Obtain tank activity records that describe the movement of each
selected

GTAB batch from importation to gasoline production.
    (ii) Identify each selected GTAB batch in the tank activity records
and trace each selected GTAB batch to subsequent reported batches of
BOB or finished gasoline.
    (iii) Match the location of the facility where gasoline was
produced from each selected GTAB batch to the location where each
selected GTAB batch arrived in the United States, or to the facility
directly receiving the GTAB batch from the import facility.
    (iv) Determine the status of the tank(s) before receiving each
selected GTAB batch (e.g., empty tank, tank containing blendstock, tank
containing GTAB, tank containing PCG).
    (v) If the tank(s) contained PCG before receiving the selected GTAB
batch, take the following additional steps:
    (A) Obtain and review a copy of the documented tank mixing
procedures.
    (B) Determine the volume and properties of the tank bottom that was
PCG before adding GTAB.
    (C) Confirm that the gasoline manufacturer determined the volume
and properties of the BOB or finished gasoline produced using GTAB by
excluding the volume and properties of any PCG, and that the gasoline
manufacturer separately reported the PCG volume and properties under
subpart J of this part and report any discrepancies.

Sec.  1090.1825  Additional procedures for PCG used to produce
gasoline.

    In addition to any applicable procedures required under Sec.
1090.1810, an auditor must perform the procedures in this section for a
gasoline manufacturer that produces gasoline from PCG under Sec.
1090.1320.
    (a) Listing of PCG batches. An auditor must review a listing of PCG
batches as follows:
    (1) Obtain the PCG batch reports submitted under subpart J of this
part.
    (2) Foot the batch volumes.
    (3) Compare the volume total for each PCG batch report to the
receipt volume total in the inventory reconciliation analysis specified
in Sec.  1090.1810(b) and report any variances.
    (b) Detailed testing of PCG batches. An auditor must review a
detailed listing of PCG batches as follows:
    (1) Select a representative sample from the PCG batch reports
obtained under paragraph (a)(1) of this section.
    (2) Obtain the volume documentation, laboratory analysis,
associated PTDs, and tank activity records for each selected PCG batch.
    (3) Identify each selected PCG batch in the tank activity records
and trace each selected PCG batch to subsequent reported batches of BOB
or finished gasoline and report any exceptions.
    (4) For each selected PCG batch, report as a finding in the
attestation report any instances where the reported PCG batch volume
was adjusted from the original receipt volume, such as for exported
PCG.
    (5) Compare the volume for each selected PCG batch to the volume
documentation and report any exceptions.
    (6) Compare the product type and grade for each selected PCG batch
to the associated PTDs and report any exceptions.
    (7) Compare the reported properties for each selected PCG batch to
the laboratory analysis and report any exceptions.
    (8) Compare the reported test methods used for each selected PCG
batch to the laboratory analysis and report any exceptions.

Sec.  1090.1830  Alternative procedures for certified butane blenders.

    An auditor must use the procedures in this section instead of or in
addition to the applicable procedures in Sec.  1090.1810 for a
certified butane blender that blends certified butane into PCG under
Sec.  1090.1320(b).
    (a) Registration and EPA reports. An auditor must review
registration and EPA reports as follows:
    (1) Obtain copies of the certified butane blender's registration
information submitted under subpart I of this part and all reports
submitted under subpart J of this part, including the batch reports for
the butane received and blended.
    (2) For each butane blending facility, confirm that the facility's
registration is accurate based on activities reported during the
compliance period, including that the registration for the facility and
any related updates were completed prior to conducting regulated
activities at the facility and report any discrepancies.
    (3) Confirm that the certified butane blender submitted the reports
required under subpart J of this part for activities they performed
during the compliance period and report any exceptions.
    (4) Obtain a written statement from the certified butane blender's
RCO that the submitted reports are complete and accurate.
    (5) Report in the attestation report the name of any commercial
computer program used to track the data required under this part, if
any.
    (b) Inventory reconciliation analysis. An auditor must perform an
inventory reconciliation analysis review as follows:
    (1) Obtain an inventory reconciliation analysis from the certified
butane blender for each butane blending facility related to all
certified butane movements, including the inventory at the beginning
and end of the compliance period, receipts, blending/production
volumes, shipments, transfers, and gain/loss.
    (2) Foot and cross-foot the volumes.
    (3) Compare the beginning and ending inventory to the certified
butane blender's inventory records and report any variances.
    (4) Compare the total volume of certified butane received from the
batch reports obtained under paragraph (a)(1) of this section to the
inventory reconciliation analysis and report any variances.
    (5) Compare the total volume of certified butane blended from the
batch reports to the inventory reconciliation analysis and report any
variances.
    (6) Report in the attestation report the total volume of certified
butane received and blended.
    (c) Listing of certified butane receipts. An auditor must review a
listing of certified butane receipts as follows:
    (1) Obtain a detailed listing of all certified butane batches
received at the butane blending facility from the certified butane
blender.
    (2) Foot the listing of certified butane batches received.
    (3) Compare the total volume from batch reports for certified
butane received at the butane blending facility to the certified butane
blender's listing of certified butane batches received and report any
variances.
    (d) Detailed testing of certified butane batches. An auditor must
review a detailed listing of certified butane batches as follows:
    (1) Select a representative sample from the certified butane batch
reports submitted under subpart J of this part.
    (2) Obtain the volume documentation and laboratory analysis for
each selected certified butane batch.
    (3) Compare the reported volume for each selected certified butane
batch to the volume documentation and report any exceptions.
    (4) Compare the reported properties for each selected certified
butane batch to the laboratory analysis and report any exceptions.
    (5) Compare the reported test methods used for each selected
certified butane batch to the laboratory analysis and report any
exceptions.
    (6) Confirm that the butane meets the standards for certified
butane under subpart C of this part and report any exceptions.
    (e) Quality control review. An auditor must obtain the certified
butane

blender's sampling and testing results for certified butane received
and determine if the frequency of the sampling and testing meets the
requirements in Sec.  1090.1320(b)(4) and report any discrepancies.

Sec.  1090.1835  Alternative procedures for certified pentane blenders.

    (a) An auditor must use the procedures in this section instead of
or in addition to the applicable procedures in Sec.  1090.1810 for a
certified pentane blender that blends certified pentane into PCG under
Sec.  1090.1320(b).
    (b) An auditor must apply the procedures in Sec.  1090.1830 by
substituting ``pentane'' for ``butane'' in all cases.

Sec.  1090.1840  Additional procedures related to compliance with
gasoline average standards.

    An auditor must perform the procedures in this section for a
gasoline manufacturer that complies with the standards in subpart C of
this part using the procedures specified in subpart H of this part.
    (a) Annual compliance demonstration review. An auditor must review
annual compliance demonstrations as follows:
    (1) Obtain the annual compliance reports for sulfur and benzene and
associated batch reports submitted under subpart J of this part.
    (2)(i) For a gasoline refiner or blending manufacturer, compare the
gasoline production volume from the annual compliance report to the
inventory reconciliation analysis under Sec.  1090.1810(b) and report
any variances.
    (ii) For a gasoline importer, compare the gasoline import volume
from the annual compliance report to the corresponding volume from the
listing of imports under Sec.  1090.1815(b) and report any variances.
    (3) For each facility, recalculate the following and report in the
attestation report the recalculated values:
    (i) Compliance sulfur value, per Sec.  1090.700(a)(1), and
compliance benzene value, per Sec.  1090.700(b)(1)(i).
    (ii) Unadjusted average sulfur concentration, per Sec.
1090.745(b), and average benzene concentration, per Sec.
1090.700(b)(3).
    (iii) Number of credits generated during the compliance period, or
number of banked or traded credits needed to meet standards for the
compliance period.
    (iv) Number of credits from the preceding compliance period that
are expired or otherwise no longer available for the compliance period
being reviewed.
    (v) Net average sulfur concentration, per Sec.  1090.745(c), and
net average benzene concentration, per Sec.  1090.745(d).
    (4) Compare the recalculated values in paragraph (a)(3) of this
section to the reported values in the annual compliance reports and
report any exceptions.
    (5) Report in the attestation report whether the gasoline
manufacturer had a deficit for both the compliance period being
reviewed and the preceding compliance period.
    (b) Credit transaction review. An auditor must review credit
transactions as follows:
    (1) Obtain the gasoline manufacturer's credit transaction reports
submitted under subpart J of this part and contracts or other
information that documents all credit transfers. Also obtain records
that support intracompany transfers.
    (2) For each reported transaction, compare the supporting
documentation with the credit transaction reports for the following
elements and report any exceptions:
    (i) Compliance period of creation.
    (ii) Credit type (i.e., sulfur or benzene) and number of times
traded.
    (iii) Quantity.
    (iv) The name of the other company participating in the credit
transfer.
    (v) Transaction type.
    (c) Facility-level credit reconciliation. An auditor must perform a
facility-level credit reconciliation separately for each gasoline
manufacturing facility as follows:
    (1) Obtain the credits remaining or the credit deficit from the
previous compliance period from the gasoline manufacturer's credit
transaction information for the previous compliance period.
    (2) Compute and report as a finding the net credits remaining at
the end of the compliance period.
    (3) Compare the ending balance of credits or credit deficit
recalculated in paragraph (c)(2) of this section to the corresponding
value from the annual compliance report and report any variances.
    (4) For an importer, the procedures of this paragraph (c) apply at
the company level.
    (d) Company-level credit reconciliation. An auditor must perform a
company-level credit reconciliation as follows:
    (1) Obtain a credit reconciliation listing company-wide credits
aggregated by facility for the compliance period.
    (2) Foot and cross-foot the credit quantities.
    (3) Compare and report the beginning balance of credits, the ending
balance of credits, the associated credit activity at the company level
in accordance with the credit reconciliation listing, and the
corresponding credit balances and activity submitted under subpart J of
this part.
    (e) Procedures for gasoline manufacturers that recertify BOB. An
auditor must perform the following procedures for a gasoline
manufacturer that recertifies a BOB under Sec.  1090.740 and incurs a
deficit:
    (1) Perform the procedures specified in Sec.  1090.1810(a) to
review registration and EPA reports.
    (2) Obtain the batch reports for recertified BOB submitted under
subpart J of this part.
    (3) Select a representative sample of recertified BOB batches from
the batch reports.
    (4) For each sample, obtain supporting documentation.
    (5) Confirm the accuracy of the information reported and report any
exceptions.
    (6) Recalculate the deficits in accordance with the provisions of
Sec.  1090.740 and report any discrepancies.
    (7) Confirm that the deficits are included in the annual compliance
demonstration calculations and report any exceptions.

Sec.  1090.1845  Procedures related to meeting performance-based
measurement and statistical quality control for test methods.

    (a) General provisions. (1) An auditor must conduct the procedures
specified in this section for a gasoline manufacturer.
    (2) An auditor performing the procedures specified in this section
must meet the laboratory experience requirements specified in Sec.
1090.55(b)(2).
    (3) In cases where the auditor employs, contracts, or subcontracts
an external specialist, all the requirements in Sec.  1090.55 apply to
the external specialist. The auditor is responsible for overseeing the
work of the specialist, consistent with applicable professional
standards specified in Sec.  1090.1800.
    (4) In the case of quality control testing at a third-party
laboratory, the auditor may perform a single attestation engagement on
the third-party laboratory for multiple gasoline manufacturers if the
auditor directly reviewed the information from the third-party
laboratory. A third-party laboratory may also arrange for an auditor to
perform a single attestation engagement on the third-party laboratory
and make that available to gasoline manufacturers that have testing
performed by the third-party laboratory.
    (b) Non-referee method qualification review. For each test method
used to

measure a parameter for gasoline as specified in a report submitted
under subpart J of this part that is not one of the referee procedures
listed in Sec.  1090.1360(d), the auditor must review the following:
    (1) Obtain supporting documentation showing that the laboratory has
qualified the test method by meeting the precision and accuracy
criteria specified under Sec.  1090.1365.
    (2) Report in the attestation report a list of the alternative
methods used.
    (3) Confirm that the gasoline manufacturer supplied the supporting
documentation for each test method specified in paragraph (b)(1) of
this section and report any exceptions.
    (4) If an auditor has previously reviewed supporting documentation
under this paragraph (b) for an alternative method at the facility, the
auditor does not have to review the supporting document again.
    (c) Reference installation review. For each reference installation
used by the gasoline manufacturer during the compliance period, the
auditor must review the following:
    (1) Obtain supporting documentation demonstrating that the
reference installation followed the qualification procedures specified
in Sec.  1090.1370(c)(1) and (2) and the quality control procedures
specified in Sec.  1090.1370(c)(3).
    (2) Confirm that the facility completed the qualification
procedures and report any exceptions.
    (d) Instrument control review. For each test instrument used to
test gasoline parameters for batches selected as part of a
representative sample under Sec.  1090.1810, the auditor must review
whether test instruments were in control as follows:
    (1) Obtain a listing from the laboratory of the instruments and
period when the instruments were used to measure gasoline parameters
during the compliance period for batches selected as part of the
representative sample under Sec.  1090.1810.
    (2) Obtain statistical quality assurance data and control charts
demonstrating ongoing quality testing to meet the accuracy and
precision requirements specified in Sec.  1090.1375 or 40 CFR 80.47, as
applicable.
    (3) Confirm that the facility performed statistical quality
assurance monitoring of its instruments under Sec.  1090.1375 and
report any exceptions.
    (4) Report as a finding in the attestation report the instrument
lists obtained under paragraph (d)(1) of this section and the
compliance period when the instrument control review was completed.

Sec.  1090.1850  Procedures related to in-line blending waivers.

    In addition to any other procedure required under this subpart, an
auditor must perform the procedures specified in this section for a
gasoline manufacturer that relies on an in-line blending waiver under
Sec.  1090.1315.
    (a) Obtain a copy of the gasoline manufacturer's in-line blending
waiver submission and EPA's approval letter.
    (b) Confirm that the sampling procedures and composite calculations
conform to specifications as specified in Sec.  1090.1315(a)(2).
    (c) Review the gasoline manufacturer's procedure for defining a
batch for compliance purposes. Review available test data demonstrating
that the test results from in-line blending correctly characterize the
fuel parameters for the designated batch.
    (d) Confirm that the gasoline manufacturer corrected their
operations because of previous audits, if applicable.
    (e) Confirm that the equipment and procedures are not materially
changed from the gasoline manufacturer's in-line blending waiver. In
cases of material change in equipment or procedure, confirm that the
gasoline manufacturer updated their in-line blending waiver and report
any exceptions.
    (f) Perform any additional procedures unique to the blending
operation, as specified in the in-line blending waiver, and report any
findings, variances, or exceptions, as applicable.
    (g) Confirm that the gasoline manufacturer has complied with all
provisions related to their in-line blending waiver and report any
exceptions.

[FR Doc. 2020-23164 Filed 12-3-20; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 244 (Thursday, December 19, 2013)]
[Rules and Regulations]
[Pages 76751-76753]
[FR Doc No: 2013-30173]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2013-1012]
RIN 1625-AA00

Safety Zone; Vessel Launch; Menominee River; Marinette, WI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Menominee River in Marinette, Wisconsin. This zone is intended to
restrict vessels from a portion of the Menominee River during the
launching of a 400-foot vessel from Marinette Marine Corporation on
December 18, 2013. This temporary safety zone is necessary to protect
the surrounding public and vessels from the hazards associated with the
launching of a large vessel.

DATES: This rule is effective and will be enforced from 12:45 p.m.
until 3:15 p.m. on December 18, 2013.

ADDRESSES: Documents mentioned in this preamble are part of docket
USCG-2013-1012. To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type the
docket number in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rulemaking. You may also
visit the Docket Management Facility in Room W12-140 on the ground
floor of the Department of Transportation West Building, 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, contact or email MST1 Joseph McCollum, U.S. Coast Guard
Sector Lake Michigan, at<PHONE_NUMBER> or<EMAIL_ADDRESS>If
you have questions on viewing the docket, call Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking
TFR Temporary Final Rule

A. Regulatory History and 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 for not publishing an NPRM with respect to this rule
because doing so would be impracticable and contrary to the public
interest. The final details for this event were not known to the Coast
Guard until there was insufficient time remaining before the event to
publish an NPRM. Thus, delaying the effective date of this rule to wait
for a comment period to run would be both impracticable and contrary to
the public interest because it would inhibit the Coast Guard's ability
to protect spectators and vessels from the hazards associated with the
launch of a large vessel, which are discussed further below.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this temporary rule effective less than 30 days after
publication in the Federal Register for the same reasons discussed in
the preceding paragraph, waiting for a 30 day notice period to run
would be impracticable and contrary to the public interest.

B. Basis and Purpose

    The legal basis for the rule is the Coast Guard's authority to
establish regulated navigation areas and limited access areas: 33
U.S.C. 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; Public Law 107-295, 116 Stat. 2064;
Department of Homeland Security Delegation No. 0170.1.
    On December 18, 2013 a 400-foot vessel will be launched from
Marinette Marine Corporation to the waters of the Menominee River. This
event will take place in Marinette, WI. The Captain of the Port, Lake
Michigan, has determined that this launching will pose a significant
risk to public safety and property. Such hazards include the creation
of a large wake as the vessel enters the water, and the collision of
the launched vessel with other vessels in the water.

C. Discussion of the Final Rule

    With the aforementioned hazards in mind, the Captain of the Port,
Lake Michigan, has determined that this temporary safety zone is
necessary to ensure the safety of spectators and vessels during the
launch. This zone

will be effective and enforced from 12:45 p.m. until 3:15 p.m. on
December 18, 2013. The safety zone will encompass all waters of the
Menominee River in the vicinity of Marinette Marine Corporation,
between the Bridge Street Bridge located in position 45[deg]06'12'' N,
087[deg]37'34'' W and a line crossing the Menominee River
perpendicularly passing through position 45[deg]05'57'' N,
087[deg]36'43'' W, in the vicinity of the Ansul Company (NAD 83).
    Entry into, transiting, or anchoring within the safety zone is
prohibited unless authorized by the Captain of the Port, Lake Michigan,
or his designated on-scene representative. The Captain of the Port or
his designated on-scene representative may be contacted via VHF Channel
16.

D. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

1. Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, as
supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
    We conclude that this rule is not a significant regulatory action
because we anticipate that it will have minimal impact on the economy,
will not interfere with other agencies, will not adversely alter the
budget of any grant or loan recipients, and will not raise any novel
legal or policy issues. The safety zone created by this rule will be
small and enforced for a limited time on one day in December, 2013.
Under certain conditions, moreover, vessels may still transit through
the safety zone when permitted by the Captain of the Port.

2. Impact on Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered the impact of this temporary rule on small entities. 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
might be small entities: The owners or operators of vessels intending
to transit or anchor in a portion of Menominee River, Marinette, WI, on
December 18, 2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the reasons cited in the
Regulatory Planning and Review section. Additionally, before the
enforcement of this zone, we would issue local Broadcast Notice to
Mariners so vessel owners and operators can plan accordingly.

3. Assistance for Small Entities

    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 above.
    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.

4. 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).

5. Federalism

    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 determined
that this rule does not have implications for federalism.

6. 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.

7. 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.

8. Taking of Private Property

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

9. 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.

10. 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.

11. 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.

12. Energy Effects

    This action is not a ``significant energy action'' under Executive
Order 13211, Actions Concerning Regulations

That Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

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

14. 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 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 the establishment of a safety zone and
therefore it is categorically excluded from further review under
paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An
environmental analysis checklist supporting this determination and a
Categorical Exclusion Determination are available in the docket where
indicated under ADDRESSES. We seek any comments or information that may
lead to the discovery of a significant environmental impact from this
rule.

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

0
2. Add Sec.  165.T09-1012 to read as follows:

Sec.  165.T09-1012  Safety Zone; Vessel Launch; Menominee River;
Marinette, WI.

    (a) Location. All waters of the Menominee River in the vicinity of
Marinette Marine Corporation, between the Bridge Street Bridge located
in position 45[deg]06'12'' N, 087[deg]37'34'' W and a line crossing the
river perpendicularly passing through position 45[deg]05'57'' N,
087[deg]36'43'' W, in the vicinity of the Ansul Company (NAD 83).
    (b) Effective and Enforcement Period. This zone will be effective
and enforced from 12:45 p.m. until 3:15 p.m. on December 18, 2013.
    (c) Regulations. (1) In accordance with the general regulations in
Sec.  165.23 of this part, entry into, transiting, or anchoring within
the safety zone is prohibited unless authorized by the Captain of the
Port, Lake Michigan or his designated on-scene representative.
    (2) The safety zone is closed to all vessel traffic, except as may
be permitted by the Captain of the Port, Lake Michigan or his
designated on-scene representative.
    (3) The ``on-scene representative'' of the Captain of the Port,
Lake Michigan, is any Coast Guard commissioned, warrant or petty
officer who has been designated by the Captain of the Port, Lake
Michigan, to act on his behalf.
    (4) Vessel operators desiring to enter or operate within the safety
zone shall contact the Captain of the Port, Lake Michigan, or his on-
scene representative to obtain permission to do so. The Captain of the
Port, Lake Michigan, or his on-scene representative may be contacted
via VHF Channel 16. Vessel operators given permission to enter or
operate in the safety zone must comply with all directions given to
them by the Captain of the Port, Lake Michigan, or his on-scene
representative.

    Dated: December 9, 2013.
M.W. Sibley,
Captain, U.S. Coast Guard, Captain of the Port, Lake Michigan.
[FR Doc. 2013-30173 Filed 12-18-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 113 (Wednesday, June 14, 2017)]
[Rules and Regulations]
[Pages 27110-27112]
[FR Doc No: 2017-12284]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket Number USCG-2017-0170]
RIN 1625-AA08

Special Local Regulation; Breakers to Bridge Paddle Festival,
Lake Superior, Keweenaw Waterway, MI

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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

SUMMARY: The Coast Guard is establishing a permanent special local
regulation on Lake Superior within the Keweenaw Waterway for the annual
Breakers to Bridge Paddle Festival. This annual event historically
occurs within the first 2 weeks of September and lasts for 1 day. This
action is necessary to safeguard the participants and spectators on the
water in a portion of the Keweenaw Waterway between the North Entry and
the Portage Lake Lift Bridge located in Houghton, MI. This regulation
will functionally restrict all vessel speeds while within a designated
no-wake zone, unless otherwise specifically authorized by the Captain
of the Port Duluth (COTP) or a designated representative. The area
forming the subject of this permanent special local regulation is
described below.

DATES: This rule is effective July 14, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0170 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 about this
rulemaking, call or email Lieutenant John Mack, Waterways management,
MSU Duluth, Coast Guard; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

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

II. Background, Purpose, and Legal Basis

    On March 30, 2017 the Coast Guard published an NPRM in the Federal
Register (82 FR 15662) entitled ``Special Local Regulation; Breakers to
Bridge Paddle Festival, Lake Superior, Keweenaw Waterway, MI.'' The
NPRM proposed to establish a no-wake zone within the Keweenaw Waterway
on an annual basis during the Breakers to Bridge Paddle Festival, and
invited comments on our proposed regulatory action related to this
fireworks display. The aforementioned NPRM was open for comment for 30
days, in which no comments were received.

III. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on

March 30, 2017. There are no changes in the regulatory text of this
rule from the proposed rule in the NPRM.
    This rule creates a permanent special local regulation in the
Keweenaw Waterway for the annual Breakers to Bridge Paddle Festival
that historically takes place in the within the first two weeks of
September. The no-wake zone will be enforced on all vessels entering a
portion of the Keweenaw Waterway beginning at the North Entry at
position 47[deg]14'03'' N., 088[deg]37'53'' W.; and ending at the
Portage Lake Lift Bridge at position 47[deg]07'25'' N., 088[deg]34'26''
W. All vessels transiting through the no-wake zone will be required to
travel at an appropriate rate of speed that does not create a wake
except as may be permitted by the Captain of the Port Duluth (COTP) or
a designated representative. The precise times and date of enforcement
for this special local regulation will be determined annually.
    The COTP will use all appropriate means to notify the public when
the special local regulation in this rule will be enforced. Such means
may include publication in the Federal Register a Notice of
Enforcement, Broadcast Notice to Mariners, and Local Notice to
Mariners. The regulatory text appears at the end of this document.

IV. 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

    E.O.s 12866 (``Regulatory Planning and Review'') and 13563
(``Improving Regulation and Regulatory 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.
E.O.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, the Office of Management and Budget (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 titled ``Interim Guidance Implementing Section 2 of the
Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the Special Local Regulation.
Vessel traffic will be able to safely transit through the no-wake zone
which will impact only a portion of the Keweenaw Waterway between the
North Entry and the Portage Lake Lift Bridge located in Houghton, MI
during a time of year when commercial vessel traffic is normally low.
Moreover, the Coast Guard will issue Broadcast Notice to Mariners via
VHF-FM marine channel 16.

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
through the no-wake 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.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.
    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. 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 would 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.

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
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42

U.S.C. 4321-4370f), and have made a preliminary determination 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 no-wake zone being enforced for no more than 6 hours
along a prescribed route between the North Entry & Portage Lake Lift
Bridge within the Keweenaw Waterway in Michigan. Normally such actions
are categorically excluded from further review under paragraph 34(h) of
Figure 2-1 of Commandant Instruction M16475.lD. A preliminary
environmental analysis checklist and Categorical Exclusion
Determination are 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 100

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

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS

0
1. The authority citation for part 100 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  100.170 to read as follows:

Sec.  100.170  Special Local Regulation; Breakers to Bridge Paddle
Festival, Lake Superior, Keweenaw Waterway, MI.

    (a) Location. All navigable waters of the Keweenaw Waterway
beginning at the North Entry at position 47[deg]14'03'' N.,
088[deg]37'53'' W.; and ending at the Portage Lake Lift Bridge at
position 47[deg]07'25'' N., 088[deg]34'26'' W.
    (b) Effective period. This annual event historically occurs within
the first or second week of September. The Captain of the Port Duluth
(COTP) will announce enforcement dates via Notice of Enforcement, Local
Notice to Mariners, Broadcast Notice to Mariners, on-scene designated
representatives, or other means of outreach.
    (c) Regulations. Vessels transiting within the regulated area shall
travel at a no-wake speed except as may be permitted by the COTP or a
designated on-scene representative. Additionally, vessels shall yield
right-of-way for event participants and event safety craft and shall
follow directions given by event representatives during the event.

    Dated: June 8, 2017.
E.E. Williams,
Commander, U.S. Coast Guard, Captain of the Port Duluth.
[FR Doc. 2017-12284 Filed 6-13-17; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Notices]
[Pages 79428-79429]
[FR Doc No: 2013-31096]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings 1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG14-20-000.
    Applicants: Pleasant Valley Wind, LLC.
    Description: Notice of Self-Certification of EG of Pleasant Valley
Wind, LLC.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5279.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: EG14-21-000.
    Applicants: SG2 Imperial Valley LLC.
    Description: Notice of Self-Certification Exempt Wholesale
Generator Status of SG2 Imperial Valley LLC.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5048.
    Comments Due: 5 p.m. ET 1/8/14.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER12-1813-002.
    Applicants: The Empire District Electric Company.
    Description: The Empire District Electric Company submits
Compliance Filing to be effective 12/18/2013.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5079.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER12-2068-004.
    Applicants: Blue Sky East, LLC.
    Description: Blue Sky East, LLC submits Revised Market-Based Rate
Tariff Filing in Compliance with Order No. 784 to be effective 12/19/
2013.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5050.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER12-2265-001.
    Applicants: Canandaigua Power Partners, LLC.
    Description: Canandaigua Power Partners, LLC submits Revised
Market-Based Rate Tariff Filing in Compliance with Order No. 784 to be
effective 12/19/2013.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5053.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER13-80-002.
    Applicants: Tampa Electric Company.
    Description: Tampa Electric Company submits OATT Order No. 1000
Compliance Filing 2013 to be effective 1/1/2015.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5186.
    Comments Due: 5 p.m. ET 1/16/14.

    Docket Numbers: ER13-86-002.
    Applicants: Duke Energy Florida, Inc., Duke Energy Carolinas, LLC.
    Description: Duke Energy Florida, Inc. submits Order No. 1000
Second Regional Compliance Filing--DEF to be effective 1/1/2015.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5167.
    Comments Due: 5 p.m. ET 1/16/14.

    Docket Numbers: ER13-836-002.

    Applicants: MATL LLP.
    Description: MATL LLP submits Attachment K Filing to be effective
2/17/2014.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5258.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER13-1768-001.
    Applicants: Southwest Power Pool, Inc.
    Description: Southwest Power Pool, Inc. submits Integrated
Marketplace--Attachment AN-SPP BA Agreement Compliance to be effective
3/1/2014.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5038.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER13-2130-001.
    Applicants: Minco Wind Interconnection Services, LLC.
    Description: Minco Wind Interconnection Services, LLC submits Minco
Wind Interconnection Services, LLC Amendment to MBR Tariff to be
effective 12/19/2013.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5068.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER14-363-001.
    Applicants: South Carolina Electric & Gas Company.
    Description: South Carolina Electric & Gas Company submits Schedule
14 re-file to be effective 8/31/2010.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5043.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER14-650-000.
    Applicants: The United Illuminating Company.
    Description: The United Illuminating Company submits Localized
Costs Sharing Agreement with Town of Wallingford to be effective 1/1/
2014.
    Filed Date: 12/17/13.
    Accession Number: 20131217-5257.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-651-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits SGIA and
Distribution Service Agreement with Lancaster Little Rock B LLC to be
effective 12/19/2013.
    Filed Date: 12/17/13.
    Accession Number: 20131218-5001.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-652-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits SGIA and
Distribution Serv Agmt with Garnet Solar Power Generation Station 1 LLC
to be effective 12/19/2013.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5003.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER14-653-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits SGIA and
Distribution Service Agreement with Lancaster Little Rock A LLC to be
effective 12/19/2013.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5004.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER14-654-000.
    Applicants: Southern California Edison Company.
    Description: Southern California Edison Company submits Amended
SGIA with RE Columbia 3 LLC to be effective 2/17/2014.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5005.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER14-655-000.
    Applicants: Bangor Hydro Electric Company.
    Description: Bangor Hydro Electric Company submits Filing to Effect
Succession to Rate Schedules and Service Agreements to be effective 1/
1/2014.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5023.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER14-656-000.
    Applicants: Maine Public Service Company.
    Description: Maine Public Service Company submits Filing to Effect
Cancellation of Existing eTariff Database to be effective 1/1/2014.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5024.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER14-657-000.
    Applicants: Black River Macro Discretionary Fund Ltd.
    Description: Black River Macro Discretionary Fund Ltd. submits
notice of cancellation of its market-based rate tariff, effective 12/1/
13.
    Filed Date: 12/17/13.
    Accession Number: 20131218-0001.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-658-000.
    Applicants: Black River Commodity Energy Fund LLC.
    Description: Black River Commodity Energy Fund LLC submits notice
of cancellation of its market-based rate tariff, effective 12/1/13.
    Filed Date: 12/17/13.
    Accession Number: 20131218-0002.
    Comments Due: 5 p.m. ET 1/7/14.

    Docket Numbers: ER14-659-000.
    Applicants: Midcontinent Independent System Operator, Inc.
    Description: Midcontinent Independent System Operator, Inc. submits
12-18-2013 SA 2623 MidAm-NIPCO GFA#479 to be effective 12/19/2013.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5025.
    Comments Due: 5 p.m. ET 1/8/14.

    Docket Numbers: ER14-660-000.
    Applicants: Plant-E Corp.
    Description: Plant-E Corp submits Initial Filing to be effective 2/
20/2014.
    Filed Date: 12/18/13.
    Accession Number: 20131218-5039.
    Comments Due: 5 p.m. ET 1/8/14.

    Take notice that the Commission received the following electric
reliability filings.

    Docket Numbers: RD14-2-000.
    Applicants: North American Electric Reliability Corporation.
    Description: Petition of the North American Electric Reliability
Corporation for Approval of Revisions to the Definition of ``Bulk
Electric System'' and Request for Expedited Action.
    Filed Date: 12/13/13.
    Accession Number: 20131213-5280.
    Comments Due: 5 p.m. ET 1/17/14.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: December 18, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-31096 Filed 12-27-13; 8:45 am]
BILLING CODE 6717-01-P