[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Notices]
[Pages 31026-31027]
[FR Doc No: 2012-12593]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0001]

Use of Computer Simulation of the United States Blood Supply in
Support of Planning for Emergency Preparedness and Medical
Countermeasures; Public Workshop

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of public workshop.

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    The Food and Drug Administration (FDA) is announcing a public
workshop entitled: ``Use of Computer Simulation of the United States
Blood Supply in Support of Planning for Emergency Preparedness and
Medical Countermeasures.'' The purpose of this public workshop is to
provide stakeholders a forum for discussion of data needs and to obtain
feedback on possible modeling scenarios to explore emergency supply
situations should a pandemic or epidemic disease or other events that
could adversely impact the blood supply in the United States occur.
    The public workshop will include presentations and panel
discussions with experts from academia, regulated industry, government,
and other stakeholders.
    Date and Time: The public workshop will be held on July 24, 2012,
from 8:30 a.m. to 5 p.m.
    Location: The public workshop will be held at the Hyatt Regency
Bethesda, One Bethesda Metro Center, 7400 Wisconsin Ave., Bethesda, MD
20814,<PHONE_NUMBER>.
    Contact Person: Mark Walderhaug, Center for Biologics Evaluation
and Research (HFM-210), Food and Drug Administration, 1401 Rockville
Pike, Suite 200N, Rockville, MD 20852-1448,<PHONE_NUMBER>, email:
<EMAIL_ADDRESS>    Registration: Mail or email your registration information
(including name, title, firm name, address, telephone, and fax numbers)
to Mark Walderhaug (see Contact Person) by July 17, 2012. There is no
registration fee for the public workshop. Early registration is
recommended because seating is limited. Registration on the day of the
public workshop will be provided on a space available basis beginning
at 8 a.m.
    If you need special accommodations due to a disability, please
contact Mark Walderhaug (see Contact Person) at least 7 days in
advance.

SUPPLEMENTARY INFORMATION: The public workshop presentations and panel
discussions will: (1) Discuss

simulation modeling of the U.S. blood supply, including the possible
application of an FDA computer simulation model of the U.S. blood
supply in support of emergency preparedness and planning for potential
disruptions in blood donations; (2) discuss with the blood community
the utility of simulation methods as a complementary approach to
support planning for daily inventory needs and forecasting for future
blood donations and demand; (3) discuss the capabilities and
limitations of the U.S. computer simulation model, assumptions used in
the model and data gaps for model validation; (4) describe and
prioritize future model enhancements to extend the model predictions
from red blood cell units to other blood components, such as plasma and
platelets; and (5) discuss the level of detail required for a model to
characterize the U.S. blood supply and to develop possible scenarios in
which shortages may be addressed through countermeasures such as the
use of local and interregional transfers of blood and blood components.
    Transcripts: Transcripts of the public workshop may be requested in
writing from the Division of Freedom of Information (ELEM-1029), Food
and Drug Administration, 12420 Parklawn Dr., Element Bldg., Rockville,
MD 20857, approximately 15 working days after the public workshop at a
cost of 10 cents per page. A transcript of the public workshop will be
available on the Internet at: http://www.fda.gov/BiologicsBloodVaccines/NewsEvents/WorkshopsMeetingsConferences/TranscriptsMinutes/default.htm.

    Dated: May 18, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-12593 Filed 5-23-12; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 84, Number 229 (Wednesday, November 27, 2019)]
[Notices]
[Page 65381]
[FR Doc No: 2019-25725]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. NJ20-4-000]

South Central Generating LLC; Notice of Filing

    Take notice that on November 19, 2019 South Central Generating LLC
submitted a refund report during the period January 18, 2019, through
May 31, 2019.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). Protests will be
considered by the Commission in determining the appropriate action to
be taken, but will not serve to make protestants parties to the
proceeding. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. Such notices,
motions, or protests must be filed on or before the comment date.
Anyone filing a motion to intervene or protest must serve a copy of
that document on the Applicant and all the parties in this proceeding.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the website that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on December 10, 2019.

    Dated: November 21, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-25725 Filed 11-26-19; 8:45 am]
 BILLING CODE 6717-01-P


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

    (1) The foreign refiner shall post a bond of the amount calculated
using the following equation:

Bond = G * $ 0.01

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

    (2) Bonds shall be posted by:
    (i) Paying the amount of the bond to the Treasurer of the United
States;
    (ii) Obtaining a bond in the proper amount from a third party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign refiner, provided EPA agrees in
advance as to the third party and the nature of the surety agreement;
or
    (iii) An alternative commitment that results in assets of an
appropriate liquidity and value being readily available to the United
States, provided EPA agrees in advance as to the alternative
commitment.
    (3) Bonds posted under this paragraph (h) shall:
    (i) Be used to satisfy any judicial judgment that results from an
administrative or judicial enforcement action for conduct in violation
of this subpart, including where such conduct violates the False
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section
113(c)(2) of the Clean Air Act (42 U.S.C. 7413);
    (ii) Be provided by a corporate surety that is listed in the United
States Department of Treasury Circular 570 ``Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds'';
and
    (iii) Include a commitment that the bond will remain in effect for
at least five years following the end of latest annual reporting period
that the foreign refiner produces transportation fuel pursuant to the
requirements of this subpart.
    (4) On any occasion a foreign refiner bond is used to satisfy any
judgment, the foreign refiner shall increase the bond to cover the
amount used within 90 days of the date the bond is used.
    (5) If the bond amount for a foreign refiner increases, the foreign
refiner shall increase the bond to cover the shortfall within 90 days
of the date the bond amount changes. If the bond amount decreases, the
foreign refiner may reduce the amount of the bond beginning 90 days
after the date the bond amount changes.
    (i) English language reports. Any document submitted to EPA by a
foreign refiner shall be in English, or shall include an English
language translation.
    (j) Prohibitions.
    (1) No person may combine RFS-FRFUEL with any Non-RFS-FRFUEL, and
no person may combine RFS-FRFUEL with any RFS-FRFUEL produced at a
different refinery, until the importer has met all the requirements of
paragraph (k) of this section.
    (2) No foreign refiner or other person may cause another person to
commit an action prohibited in paragraph (j)(1) of this section, or
that otherwise violates the requirements of this section.
    (k) United States importer requirements. Any United States importer
of RFS-FRFUEL shall meet the following requirements:
    (1) Each batch of imported RFS-FRFUEL shall be classified by the
importer as being RFS-FRFUEL.
    (2) Transportation fuel shall be classified as RFS-FRFUEL according
to the designation by the foreign refiner if this designation is
supported by product transfer documents prepared by the foreign refiner
as required in paragraph (c) of this section. Additionally, the
importer shall comply with all requirements of this subpart applicable
to importers.
    (3) For each transportation fuel batch classified as RFS-FRFUEL,
any United States importer shall have an independent third party do all
the following:
    (i) Determine the volume of transportation fuel in the vessel.
    (ii) Use the foreign refiner's RFS-FRFUEL certification to
determine the name and EPA-assigned registration number of the foreign
refinery that produced the RFS-FRFUEL.
    (iii) Determine the name and country of registration of the vessel
used to transport the RFS-FRFUEL to the United States.
    (iv) Determine the date and time the vessel arrives at the United
States port of entry.
    (4) Any importer shall submit reports within 30 days following the
date any vessel transporting RFS-FRFUEL arrives at the United States
port of entry to:
    (i) The Administrator, containing the information determined under
paragraph (k)(3) of this section; and
    (ii) The foreign refiner, containing the information determined
under paragraph (k)(3)(i) of this section, and including identification
of the port at which the product was off loaded.
    (5) Any United States importer shall meet all other requirements of
this subpart for any imported transportation fuel that is not
classified as RFS-FRFUEL under paragraph (k)(2) of this section.
    (l) Truck imports of RFS-FRFUEL produced at a foreign refinery.
    (1) Any refiner whose RFS-FRFUEL is transported into the United
States by truck may petition EPA to use alternative procedures to meet
all the following requirements:
    (i) Certification under paragraph (c)(2) of this section.
    (ii) Load port and port of entry testing requirements under
paragraphs (d) and (e) of this section.
    (iii) Importer testing requirements under paragraph (k)(3) of this
section.
    (2) These alternative procedures must ensure RFS-FRFUEL remains
segregated from Non-RFS-FRFUEL until it is imported into the United
States. The petition will be evaluated based on whether it adequately
addresses all the following:
    (i) Provisions for monitoring pipeline shipments, if applicable,
from the refinery, that ensure segregation of RFS-FRFUEL from that
refinery from all other transportation fuel.
    (ii) Contracts with any terminals and/or pipelines that receive
and/or transport RFS-FRFUEL that prohibit the commingling of RFS-FRFUEL
with Non-RFS-FRFUEL or RFS-FRFUEL from other foreign refineries.
    (iii) Attest procedures to be conducted annually by an independent
third party that review loading records and import documents based on
volume reconciliation, or other criteria, to confirm that all RFS-
FRFUEL remains segregated throughout the distribution system.
    (3) The petition described in this section must be submitted to EPA
along with the application for a small refinery or small refiner
exemption under this subpart.
    (m) Additional attest requirements for importers of RFS-FRFUEL. The
following additional procedures shall be carried out by any importer of
RFS-FRFUEL as part of the attest engagement required for importers
under this subpart M.
    (1) Obtain listings of all tenders of RFS-FRFUEL. Agree the total
volume of tenders from the listings to the transportation fuel
inventory reconciliation analysis required in Sec.  80.133(b), and to
the volumes determined by the third party under paragraph (d) of this
section.

    (2) For each tender under paragraph (m)(1) of this section, where
the transportation fuel is loaded onto a marine vessel, report as a
finding the name and country of registration of each vessel, and the
volumes of RFS-FRFUEL loaded onto each vessel.
    (3) Select a sample from the list of vessels identified per
paragraph (m)(2) of this section used to transport RFS-FRFUEL, in
accordance with the guidelines in Sec.  80.127, and for each vessel
selected perform all the following:
    (i) Obtain the report of the independent third party, under
paragraph (d) of this section.
    (A) Agree the information in these reports with regard to vessel
identification and transportation fuel volume.
    (B) Identify, and report as a finding, each occasion the load port
and port of entry volume results differ by more than the amount allowed
in paragraph (e)(2) of this section, and determine whether all of the
requirements of paragraph (e)(2) of this section have been met.
    (ii) Obtain the documents used by the independent third party to
determine transportation and storage of the RFS-FRFUEL from the
refinery to the load port, under paragraph (d) of this section. Obtain
tank activity records for any storage tank where the RFS-FRFUEL is
stored, and pipeline activity records for any pipeline used to
transport the RFS-FRFUEL prior to being loaded onto the vessel. Use
these records to determine whether the RFS-FRFUEL was produced at the
refinery that is the subject of the attest engagement, and whether the
RFS-FRFUEL was mixed with any Non-RFS-FRFUEL or any RFS-FRFUEL produced
at a different refinery.
    (4) Select a sample from the list of vessels identified per
paragraph (m)(2) of this section used to transport RFS-FRFUEL, in
accordance with the guidelines in Sec.  80.127, and for each vessel
selected perform all of the following:
    (i) Obtain a commercial document of general circulation that lists
vessel arrivals and departures, and that includes the port and date of
departure of the vessel, and the port of entry and date of arrival of
the vessel.
    (ii) Agree the vessel's departure and arrival locations and dates
from the independent third party and United States importer reports to
the information contained in the commercial document.
    (5) Obtain separate listings of all tenders of RFS-FRFUEL, and
perform all the following:
    (i) Agree the volume of tenders from the listings to the
transportation fuel inventory reconciliation analysis in Sec.
80.133(b).
    (ii) Obtain a separate listing of the tenders under this paragraph
(m)(5) where the transportation fuel is loaded onto a marine vessel.
Select a sample from this listing in accordance with the guidelines in
Sec.  80.127, and obtain a commercial document of general circulation
that lists vessel arrivals and departures, and that includes the port
and date of departure and the ports and dates where the transportation
fuel was off loaded for the selected vessels. Determine and report as a
finding the country where the transportation fuel was off loaded for
each vessel selected.
    (6) In order to complete the requirements of this paragraph (m), an
auditor shall do all the following:
    (i) Be independent of the foreign refiner or importer.
    (ii) Be licensed as a Certified Public Accountant in the United
States and a citizen of the United States, or be approved in advance by
EPA based on a demonstration of ability to perform the procedures
required in Sec. Sec.  80.125 through 80.127, 80.130, 80.1464, and this
paragraph (m).
    (iii) Sign a commitment that contains the provisions specified in
paragraph (f) of this section with regard to activities and documents
relevant to compliance with the requirements of Sec. Sec.  80.125
through 80.127, 80.130, 80.1464, and this paragraph (m).
    (n) Withdrawal or suspension of foreign small refiner or foreign
small refinery status. EPA may withdraw or suspend a foreign refiner's
small refinery or small refiner exemption where:
    (1) A foreign refiner fails to meet any requirement of this
section;
    (2) A foreign government fails to allow EPA inspections as provided
in paragraph (f)(1) of this section;
    (3) A foreign refiner asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in this
subpart; or
    (4) A foreign refiner fails to pay a civil or criminal penalty that
is not satisfied using the foreign refiner bond specified in paragraph
(h) of this section.
    (o) Additional requirements for applications, reports and
certificates. Any application for a small refinery or small refiner
exemption, alternative procedures under paragraph (l) of this section,
any report, certification, or other submission required under this
section shall be:
    (1) Submitted in accordance with procedures specified by the
Administrator, including use of any forms that may be specified by the
Administrator.
    (2) Signed by the president or owner of the foreign refiner
company, or by that person's immediate designee, and shall contain the
following declaration: ``I hereby certify: (1) That I have actual
authority to sign on behalf of and to bind [insert name of foreign
refiner] with regard to all statements contained herein; (2) that I am
aware that the information contained herein is being Certified, or
submitted to the United States Environmental Protection Agency, under
the requirements of 40 CFR part 80, subpart M, and that the information
is material for determining compliance under these regulations; and (3)
that I have read and understand the information being Certified or
submitted, and this information is true, complete and correct to the
best of my knowledge and belief after I have taken reasonable and
appropriate steps to verify the accuracy thereof. I affirm that I have
read and understand the provisions of 40 CFR part 80, subpart M,
including 40 CFR 80.1465 apply to [INSERT NAME OF FOREIGN REFINER].
Pursuant to Clean Air Act section 113(c) and 18 U.S.C. 1001, the
penalty for furnishing false, incomplete or misleading information in
this certification or submission is a fine of up to $10,000 U.S., and/
or imprisonment for up to five years.''

Sec.  80.1466  What are the additional requirements under this subpart
for RIN- generating foreign producers and importers of renewable fuels
for which RINs have been generated by the foreign producer?

    (a) Foreign producer of renewable fuel. For purposes of this
subpart, a foreign producer of renewable fuel is a person located
outside the United States, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands (collectively referred to in this section as ``the
United States'') that has been approved by EPA to generate RINs for
renewable fuel it produces for export to the United States, hereinafter
referred to as a ``foreign producer'' under this section.
    (b) General requirements. An approved foreign producer under this
section must meet all requirements that apply to renewable fuel
producers under this subpart.
    (c) Designation, foreign producer certification, and product
transfer documents.
    (1) Any approved foreign producer under this section that generates
RINs for renewable fuel must designate each batch of such renewable
fuel as ``RFS-

FRRF'' at the time the renewable fuel is produced.
    (2) On each occasion when RFS-FRRF is transferred for transport to
a vessel or loaded onto a vessel or other transportation mode for
transport to the United States, the RIN-generating foreign producer
shall prepare a certification for each batch of RFS-FRRF; the
certification shall include the report of the independent third party
under paragraph (d) of this section, and all the following additional
information:
    (i) The name and EPA registration number of the company that
produced the RFS-FRRF.
    (ii) The identification of the renewable fuel as RFS-FRRF.
    (iii) The identification of the renewable fuel by type, D code, and
number of RINs generated.
    (iv) The volume of RFS-FRRF, standardized per Sec.  80.1426(f)(8),
being transported, in gallons.
    (3) On each occasion when any person transfers custody or title to
any RFS-FRRF prior to its being imported into the United States, it
must include all the following information as part of the product
transfer document information:
    (i) Designation of the renewable fuel as RFS-FRRF.
    (ii) The certification required under paragraph (c)(2) of this
section.
    (d) Load port independent testing and producer identification.
    (1) On each occasion that RFS-FRRF is loaded onto a vessel for
transport to the United States the RIN-generating foreign producer
shall have an independent third party do all the following:
    (i) Inspect the vessel prior to loading and determine the volume of
any tank bottoms.
    (ii) Determine the volume of RFS-FRRF, standardized per Sec.
80.1426(f)(8), loaded onto the vessel (exclusive of any tank bottoms
before loading).
    (iii) Obtain the EPA-assigned registration number of the foreign
producer.
    (iv) Determine the name and country of registration of the vessel
used to transport the RFS-FRRF to the United States.
    (v) Determine the date and time the vessel departs the port serving
the foreign producer.
    (vi) Review original documents that reflect movement and storage of
the RFS-FRRF from the RIN-generating foreign producer to the load port,
and from this review determine all the following:
    (A) The facility at which the RFS-FRRF was produced.
    (B) That the RFS-FRRF remained segregated from Non-RFS-FRRF and
other RFS-FRRF produced by a different foreign producer.
    (2) The independent third party shall submit a report to the
following:
    (i) The RIN-generating foreign producer, containing the information
required under paragraph (d)(1) of this section, to accompany the
product transfer documents for the vessel.
    (ii) The Administrator, containing the information required under
paragraph (d)(1) of this section, within thirty days following the date
of the independent third party's inspection. This report shall include
a description of the method used to determine the identity of the
foreign producer facility at which the renewable fuel was produced,
assurance that the renewable fuel remained segregated as specified in
paragraph (j)(1) of this section, and a description of the renewable
fuel's movement and storage between production at the source facility
and vessel loading.
    (3) The independent third party must:
    (i) Be approved in advance by EPA, based on a demonstration of
ability to perform the procedures required in this paragraph (d);
    (ii) Be independent under the criteria specified in Sec.
80.65(e)(2)(iii); and
    (iii) Sign a commitment that contains the provisions specified in
paragraph (f) of this section with regard to activities, facilities and
documents relevant to compliance with the requirements of this
paragraph (d).
    (e) Comparison of load port and port of entry testing.
    (1)(i) Any RIN-generating foreign producer and any United States
importer of RFS-FRRF shall compare the results from the load port
testing under paragraph (d) of this section, with the port of entry
testing as reported under paragraph (k) of this section, for the volume
of renewable fuel, standardized per Sec.  80.1426(f)(8), except as
specified in paragraph (e)(1)(ii) of this section.
    (ii) Where a vessel transporting RFS-FRRF offloads the renewable
fuel at more than one United States port of entry, the requirements of
paragraph (e)(1)(i) of this section do not apply at subsequent ports of
entry if the United States importer obtains a certification from the
vessel owner that the requirements of paragraph (e)(1)(i) of this
section were met and that the vessel has not loaded any renewable fuel
between the first United States port of entry and the subsequent ports
of entry.
    (2)(i) If the temperature-corrected volumes, after accounting for
tank bottoms, determined at the port of entry and at the load port
differ by more than one percent, the number of RINs associated with the
renewable fuel shall be calculated based on the lesser of the two
volumes in paragraph (e)(1)(i) of this section.
    (ii) Where the port of entry volume is the lesser of the two
volumes in paragraph (e)(1)(i) of this section, the importer shall
calculate the difference between the number of RINs originally assigned
by the foreign producer and the number of RINs calculated under Sec.
80.1426 for the volume of renewable fuel as measured at the port of
entry, and acquire and retire that amount of RINs in accordance with
paragraph (k)(3) of this section.
    (f) Foreign producer commitments. Any RIN-generating foreign
producer shall commit to and comply with the provisions contained in
this paragraph (f) as a condition to being approved as a foreign
producer under this subpart.
    (1) Any United States Environmental Protection Agency inspector or
auditor must be given full, complete, and immediate access to conduct
inspections and audits of the foreign producer facility.
    (i) Inspections and audits may be either announced in advance by
EPA, or unannounced.
    (ii) Access will be provided to any location where:
    (A) Renewable fuel is produced;
    (B) Documents related to renewable fuel producer operations are
kept; and
    (C) RFS-FRRF is stored or transported between the foreign producer
and the United States, including storage tanks, vessels and pipelines.
    (iii) EPA inspectors and auditors may be EPA employees or
contractors to EPA.
    (iv) Any documents requested that are related to matters covered by
inspections and audits must be provided to an EPA inspector or auditor
on request.
    (v) Inspections and audits may include review and copying of any
documents related to the following:
    (A) The volume of RFS-FRRF.
    (B) The proper classification of renewable fuel as being RFS-FRRF.
    (C) Transfers of title or custody to RFS-FRRF.
    (D) Work performed and reports prepared by independent third
parties and by independent auditors under the requirements of this
section, including work papers.
    (vi) Inspections and audits by EPA may include interviewing
employees.
    (vii) Any employee of the foreign producer must be made available
for interview by the EPA inspector or auditor, on request, within a
reasonable time period.
    (viii) English language translations of any documents must be
provided to an

EPA inspector or auditor, on request, within 10 working days.
    (ix) English language interpreters must be provided to accompany
EPA inspectors and auditors, on request.
    (2) An agent for service of process located in the District of
Columbia shall be named, and service on this agent constitutes service
on the foreign producer or any employee of the foreign producer for any
action by EPA or otherwise by the United States related to the
requirements of this subpart.
    (3) The forum for any civil or criminal enforcement action related
to the provisions of this section for violations of the Clean Air Act
or regulations promulgated thereunder shall be governed by the Clean
Air Act, including the EPA administrative forum where allowed under the
Clean Air Act.
    (4) United States substantive and procedural laws shall apply to
any civil or criminal enforcement action against the foreign producer
or any employee of the foreign producer related to the provisions of
this section.
    (5) Applying to be an approved foreign producer under this section,
or producing or exporting renewable fuel under such approval, and all
other actions to comply with the requirements of this subpart relating
to such approval constitute actions or activities covered by and within
the meaning of the provisions of 28 U.S.C. 1605(a)(2), but solely with
respect to actions instituted against the foreign producer, its agents
and employees in any court or other tribunal in the United States for
conduct that violates the requirements applicable to the foreign
producer under this subpart, including conduct that violates the False
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section
113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
    (6) The foreign producer, or its agents or employees, will not seek
to detain or to impose civil or criminal remedies against EPA
inspectors or auditors for actions performed within the scope of EPA
employment or contract related to the provisions of this section.
    (7) The commitment required by this paragraph (f) shall be signed
by the owner or president of the foreign producer company.
    (8) In any case where RFS-FRRF produced at a foreign producer
facility is stored or transported by another company between the
production facility and the vessel that transports the RFS-FRRF to the
United States, the foreign producer shall obtain from each such other
company a commitment that meets the requirements specified in
paragraphs (f)(1) through (7) of this section, and these commitments
shall be included in the foreign producer's application to be an
approved foreign producer under this subpart.
    (g) Sovereign immunity. By submitting an application to be an
approved foreign producer under this subpart, or by producing and
exporting renewable fuel to the United States under such approval, the
foreign producer, and its agents and employees, without exception,
become subject to the full operation of the administrative and judicial
enforcement powers and provisions of the United States without
limitation based on sovereign immunity, with respect to actions
instituted against the foreign producer, its agents and employees in
any court or other tribunal in the United States for conduct that
violates the requirements applicable to the foreign producer under this
subpart, including conduct that violates the False Statements
Accountability Act of 1996 (18 U.S.C. 1001) and section 113(c)(2) of
the Clean Air Act (42 U.S.C. 7413).
    (h) Bond posting. Any RIN-generating foreign producer shall meet
the requirements of this paragraph (h) as a condition to approval as a
foreign producer under this subpart.
    (1) The RIN-generating foreign producer shall post a bond of the
amount calculated using the following equation:

Bond = G * $ 0.01

Where:

Bond = amount of the bond in U.S. dollars.
G = the greater of: the largest volume of renewable fuel produced by
the foreign producer and exported to the United States, in gallons,
during a single calendar year among the five preceding calendar
years, or the largest volume of renewable fuel that the foreign
producers expects to export to the Unites States during any calendar
year identified in the Production Outlook Report required by Sec.
80.1449. If the volume of renewable fuel exported to the United
States increases above the largest volume identified in the
Production Outlook Report during any calendar year, the foreign
producer shall increase the bond to cover the shortfall within 90
days.

    (2) Bonds shall be posted by any of the following methods:
    (i) Paying the amount of the bond to the Treasurer of the United
States.
    (ii) Obtaining a bond in the proper amount from a third party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign producer, provided EPA agrees in
advance as to the third party and the nature of the surety agreement.
    (iii) An alternative commitment that results in assets of an
appropriate liquidity and value being readily available to the United
States provided EPA agrees in advance as to the alternative commitment.
    (3) Bonds posted under this paragraph (h) shall:
    (i) Be used to satisfy any judicial judgment that results from an
administrative or judicial enforcement action for conduct in violation
of this subpart, including where such conduct violates the False
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section
113(c)(2) of the Clean Air Act (42 U.S.C. 7413);
    (ii) Be provided by a corporate surety that is listed in the United
States Department of Treasury Circular 570 ``Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds'';
and
    (iii) Include a commitment that the bond will remain in effect for
at least five years following the end of latest annual reporting period
that the foreign producer produces renewable fuel pursuant to the
requirements of this subpart.
    (4) On any occasion a foreign producer bond is used to satisfy any
judgment, the foreign producer shall increase the bond to cover the
amount used within 90 days of the date the bond is used.
    (i) English language reports. Any document submitted to EPA by a
foreign producer shall be in English, or shall include an English
language translation.
    (j) Prohibitions.
    (1) No person may combine RFS-FRRF with any Non-RFS-FRRF, and no
person may combine RFS-FRRF with any RFS-FRRF produced at a different
production facility, until the importer has met all the requirements of
paragraph (k) of this section.
    (2) No foreign producer or other person may cause another person to
commit an action prohibited in paragraph (j)(1) of this section, or
that otherwise violates the requirements of this section.
    (3) No foreign producer and importer may generate RINs for the same
volume of renewable fuel.
    (4) A foreign producer of renewable fuel is prohibited from
generating RINs in excess of the number for which the bond requirements
of this section have been satisfied.
    (k) Requirements for United States importers of RFS-FRRF. Any
United States importers of RFS-FRRF shall meet all the following
requirements:
    (1) Renewable fuel shall be classified as RFS-FRRF according to the
designation by the foreign producer if this designation is supported by
product transfer documents prepared by the

foreign producer as required in paragraph (c) of this section.
    (2) For each renewable fuel batch classified as RFS-FRRF, any
United States importer shall have an independent third party do all the
following:
    (i) Determine the volume of renewable fuel, standardized per Sec.
80.1426(f)(8), in the vessel.
    (ii) Use the foreign producer's RFS-FRRF certification to determine
the name and EPA-assigned registration number of the foreign producer
that produced the RFS-FRRF.
    (iii) Determine the name and country of registration of the vessel
used to transport the RFS-FRRF to the United States.
    (iv) Determine the date and time the vessel arrives at the United
States port of entry.
    (3) Where the importer is required to retire RINs under paragraph
(e)(2) of this section, the importer must report the retired RINs in
the applicable reports under Sec.  80.1451.
    (4) Any importer shall submit reports within 30 days following the
date any vessel transporting RFS-FRRF arrives at the United States port
of entry to all the following:
    (i) The Administrator, containing the information determined under
paragraph (k)(2) of this section.
    (ii) The foreign producer, containing the information determined
under paragraph (k)(2)(i) of this section, and including identification
of the port at which the product was offloaded, and any RINs retired
under paragraph (e)(2) of this section.
    (5) Any United States importer shall meet all other requirements of
this subpart for any imported renewable fuel that is not classified as
RFS-FRRF under paragraph (k)(1) of this section.
    (l) Truck imports of RFS-FRRF produced by a foreign producer.
    (1) Any foreign producer whose RFS-FRRF is transported into the
United States by truck may petition EPA to use alternative procedures
to meet all the following requirements:
    (i) Certification under paragraph (c)(2) of this section.
    (ii) Load port and port of entry testing under paragraphs (d) and
(e) of this section.
    (iii) Importer testing under paragraph (k)(2) of this section.
    (2) These alternative procedures must ensure RFS-FRRF remains
segregated from Non-RFS-FRRF until it is imported into the United
States. The petition will be evaluated based on whether it adequately
addresses all of the following:
    (i) Contracts with any facilities that receive and/or transport
RFS-FRRF that prohibit the commingling of RFS-FRRF with Non-RFS-FRRF or
RFS-FRRF from other foreign producers.
    (ii) Attest procedures to be conducted annually by an independent
third party that review loading records and import documents based on
volume reconciliation to confirm that all RFS-FRRF remains segregated.
    (3) The petition described in this section must be submitted to EPA
along with the application for approval as a foreign producer under
this subpart.
    (m) Additional attest requirements for producers of RFS-FRRF. The
following additional procedures shall be carried out by any producer of
RFS-FRRF as part of the attest engagement required for renewable fuel
producers under this subpart M.
    (1) Obtain listings of all tenders of RFS-FRRF. Agree the total
volume of tenders from the listings to the volumes determined by the
third party under paragraph (d) of this section.
    (2) For each tender under paragraph (m)(1) of this section, where
the renewable fuel is loaded onto a marine vessel, report as a finding
the name and country of registration of each vessel, and the volumes of
RFS-FRRF loaded onto each vessel.
    (3) Select a sample from the list of vessels identified in
paragraph (m)(2) of this section used to transport RFS-FRRF, in
accordance with the guidelines in Sec.  80.127, and for each vessel
selected perform all the following:
    (i) Obtain the report of the independent third party, under
paragraph (d) of this section, and of the United States importer under
paragraph (k) of this section.
    (A) Agree the information in these reports with regard to vessel
identification and renewable fuel volume.
    (B) Identify, and report as a finding, each occasion the load port
and port of entry volume results differ by more than the amount allowed
in paragraph (e) of this section, and determine whether the importer
retired the appropriate amount of RINs as required under paragraph
(e)(2) of this section, and submitted the applicable reports under
Sec.  80.1451 in accordance with paragraph (k)(4) of this section.
    (ii) Obtain the documents used by the independent third party to
determine transportation and storage of the RFS-FRRF from the foreign
producer's facility to the load port, under paragraph (d) of this
section. Obtain tank activity records for any storage tank where the
RFS-FRRF is stored, and activity records for any mode of transportation
used to transport the RFS-FRRF prior to being loaded onto the vessel.
Use these records to determine whether the RFS-FRRF was produced at the
foreign producer's facility that is the subject of the attest
engagement, and whether the RFS-FRRF was mixed with any Non-RFS-FRRF or
any RFS-FRRF produced at a different facility.
    (4) Select a sample from the list of vessels identified in
paragraph (m)(2) of this section used to transport RFS-FRRF, in
accordance with the guidelines in Sec.  80.127, and for each vessel
selected perform the following:
    (i) Obtain a commercial document of general circulation that lists
vessel arrivals and departures, and that includes the port and date of
departure of the vessel, and the port of entry and date of arrival of
the vessel.
    (ii) Agree the vessel's departure and arrival locations and dates
from the independent third party and United States importer reports to
the information contained in the commercial document.
    (5) Obtain a separate listing of the tenders under this paragraph
(m)(5) where the RFS-FRRF is loaded onto a marine vessel. Select a
sample from this listing in accordance with the guidelines in Sec.
80.127, and obtain a commercial document of general circulation that
lists vessel arrivals and departures, and that includes the port and
date of departure and the ports and dates where the renewable fuel was
offloaded for the selected vessels. Determine and report as a finding
the country where the renewable fuel was offloaded for each vessel
selected.
    (6) In order to complete the requirements of this paragraph (m) an
auditor shall:
    (i) Be independent of the foreign producer;
    (ii) Be licensed as a Certified Public Accountant in the United
States and a citizen of the United States, or be approved in advance by
EPA based on a demonstration of ability to perform the procedures
required in Sec. Sec.  80.125 through 80.127, 80.130, 80.1464, and this
paragraph (m); and
    (iii) Sign a commitment that contains the provisions specified in
paragraph (f) of this section with regard to activities and documents
relevant to compliance with the requirements of Sec. Sec.  80.125
through 80.127, 80.130, 80.1464, and this paragraph (m).
    (n) Withdrawal or suspension of foreign producer approval. EPA may
withdraw or suspend a foreign producer's approval where any of the
following occur:
    (1) A foreign producer fails to meet any requirement of this
section.

    (2) A foreign government fails to allow EPA inspections or audits
as provided in paragraph (f)(1) of this section.
    (3) A foreign producer asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in this
subpart.
    (4) A foreign producer fails to pay a civil or criminal penalty
that is not satisfied using the foreign producer bond specified in
paragraph (h) of this section.
    (o) Additional requirements for applications, reports and
certificates. Any application for approval as a foreign producer,
alternative procedures under paragraph (l) of this section, any report,
certification, or other submission required under this section shall
be:
    (1) Submitted in accordance with procedures specified by the
Administrator, including use of any forms that may be specified by the
Administrator.
    (2) Signed by the president or owner of the foreign producer
company, or by that person's immediate designee, and shall contain the
following declaration: ``I hereby certify: (1) That I have actual
authority to sign on behalf of and to bind [INSERT NAME OF FOREIGN
PRODUCER] with regard to all statements contained herein; (2) that I am
aware that the information contained herein is being Certified, or
submitted to the United States Environmental Protection Agency, under
the requirements of 40 CFR part 80, subpart M, and that the information
is material for determining compliance under these regulations; and (3)
that I have read and understand the information being Certified or
submitted, and this information is true, complete and correct to the
best of my knowledge and belief after I have taken reasonable and
appropriate steps to verify the accuracy thereof. I affirm that I have
read and understand the provisions of 40 CFR part 80, subpart M,
including 40 CFR 80.1465 apply to [INSERT NAME OF FOREIGN PRODUCER].
Pursuant to Clean Air Act section 113(c) and 18 U.S.C. 1001, the
penalty for furnishing false, incomplete or misleading information in
this certification or submission is a fine of up to $10,000 U.S., and/
or imprisonment for up to five years.''.

Sec.  80.1467  What are the additional requirements under this subpart
for a foreign RIN owner?

    (a) Foreign RIN owner. For purposes of this subpart, a foreign RIN
owner is a person located outside the United States, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands (collectively referred to
in this section as ``the United States'') that has been approved by EPA
to own RINs.
    (b) General Requirement. An approved foreign RIN owner must meet
all requirements that apply to parties who own RINs under this subpart.
    (c) Foreign RIN owner commitments. Any person shall commit to and
comply with the provisions contained in this paragraph (c) as a
condition to being approved as a foreign RIN owner under this subpart.
    (1) Any United States Environmental Protection Agency inspector or
auditor must be given full, complete, and immediate access to conduct
inspections and audits of the foreign RIN owner's place of business.
    (i) Inspections and audits may be either announced in advance by
EPA, or unannounced.
    (ii) Access will be provided to any location where documents
related to RINs the foreign RIN owner has obtained, sold, transferred
or held are kept.
    (iii) Inspections and audits may be by EPA employees or contractors
to EPA.
    (iv) Any documents requested that are related to matters covered by
inspections and audits must be provided to an EPA inspector or auditor
on request.
    (v) Inspections and audits by EPA may include review and copying of
any documents related to the following:
    (A) Transfers of title to RINs.
    (B) Work performed and reports prepared by independent auditors
under the requirements of this section, including work papers.
    (vi) Inspections and audits by EPA may include interviewing
employees.
    (vii) Any employee of the foreign RIN owner must be made available
for interview by the EPA inspector or auditor, on request, within a
reasonable time period.
    (viii) English language translations of any documents must be
provided to an EPA inspector or auditor, on request, within 10 working
days.
    (ix) English language interpreters must be provided to accompany
EPA inspectors and auditors, on request.
    (2) An agent for service of process located in the District of
Columbia shall be named, and service on this agent constitutes service
on the foreign RIN owner or any employee of the foreign RIN owner for
any action by EPA or otherwise by the United States related to the
requirements of this subpart.
    (3) The forum for any civil or criminal enforcement action related
to the provisions of this section for violations of the Clean Air Act
or regulations promulgated thereunder shall be governed by the Clean
Air Act, including the EPA administrative forum where allowed under the
Clean Air Act.
    (4) United States substantive and procedural laws shall apply to
any civil or criminal enforcement action against the foreign RIN owner
or any employee of the foreign RIN owner related to the provisions of
this section.
    (5) Submitting an application to be a foreign RIN owner, and all
other actions to comply with the requirements of this subpart
constitute actions or activities covered by and within the meaning of
the provisions of 28 U.S.C. 1605(a)(2), but solely with respect to
actions instituted against the foreign RIN owner, its agents and
employees in any court or other tribunal in the United States for
conduct that violates the requirements applicable to the foreign RIN
owner under this subpart, including conduct that violates the False
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section
113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
    (6) The foreign RIN owner, or its agents or employees, will not
seek to detain or to impose civil or criminal remedies against EPA
inspectors or auditors, whether EPA employees or EPA contractors, for
actions performed within the scope of EPA employment related to the
provisions of this section.
    (7) The commitment required by this paragraph (c) shall be signed
by the owner or president of the foreign RIN owner business.
    (d) Sovereign immunity. By submitting an application to be a
foreign RIN owner under this subpart, the foreign entity, and its
agents and employees, without exception, become subject to the full
operation of the administrative and judicial enforcement powers and
provisions of the United States without limitation based on sovereign
immunity, with respect to actions instituted against the foreign RIN
owner, its agents and employees in any court or other tribunal in the
United States for conduct that violates the requirements applicable to
the foreign RIN owner under this subpart, including conduct that
violates the False Statements Accountability Act of 1996 (18 U.S.C.
1001) and section 113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
    (e) Bond posting. Any foreign entity shall meet the requirements of
this paragraph (e) as a condition to approval as a foreign RIN owner
under this subpart.
    (1) The foreign entity shall post a bond of the amount calculated
using the following equation:

Bond = G * $ 0.01

Where:

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

    (2) Bonds shall be posted by doing any of the following:
    (i) Paying the amount of the bond to the Treasurer of the United
States.
    (ii) Obtaining a bond in the proper amount from a third party
surety agent that is payable to satisfy United States administrative or
judicial judgments against the foreign RIN owner, provided EPA agrees
in advance as to the third party and the nature of the surety
agreement.
    (iii) An alternative commitment that results in assets of an
appropriate liquidity and value being readily available to the United
States, provided EPA agrees in advance as to the alternative
commitment.
    (3) All the following shall apply to bonds posted under this
paragraph (e); bonds shall:
    (i) Be used to satisfy any judicial judgment that results from an
administrative or judicial enforcement action for conduct in violation
of this subpart, including where such conduct violates the False
Statements Accountability Act of 1996 (18 U.S.C. 1001) and section
113(c)(2) of the Clean Air Act (42 U.S.C. 7413).
    (ii) Be provided by a corporate surety that is listed in the United
States Department of Treasury Circular 570 ``Companies Holding
Certificates of Authority as Acceptable Sureties on Federal Bonds''.
    (iii) Include a commitment that the bond will remain in effect for
at least five years following the end of latest reporting period in
which the foreign RIN owner obtains, sells, transfers, or holds RINs.
    (4) On any occasion a foreign RIN owner bond is used to satisfy any
judgment, the foreign RIN owner shall increase the bond to cover the
amount used within 90 days of the date the bond is used.
    (f) English language reports. Any document submitted to EPA by a
foreign RIN owner shall be in English, or shall include an English
language translation.
    (g) Prohibitions.
    (1) A foreign RIN owner is prohibited from obtaining, selling,
transferring, or holding any RIN that is in excess of the number for
which the bond requirements of this section have been satisfied.
    (2) Any RIN that is sold, transferred, or held that is in excess of
the number for which the bond requirements of this section have been
satisfied is an invalid RIN under Sec.  80.1431.
    (3) Any RIN that is obtained from a person located outside the
United States that is not an approved foreign RIN owner under this
section is an invalid RIN under Sec.  80.1431.
    (4) No foreign RIN owner or other person may cause another person
to commit an action prohibited in this paragraph (g), or that otherwise
violates the requirements of this section.
    (h) Additional attest requirements for foreign RIN owners. The
following additional requirements apply to any foreign RIN owner as
part of the attest engagement required for RIN owners under this
subpart M.
    (1) The attest auditor must be independent of the foreign RIN
owner.
    (2) The attest auditor must be licensed as a Certified Public
Accountant in the United States and a citizen of the United States, or
be approved in advance by EPA based on a demonstration of ability to
perform the procedures required in Sec. Sec.  80.125 through 80.127,
80.130, and 80.1464.
    (3) The attest auditor must sign a commitment that contains the
provisions specified in paragraph (c) of this section with regard to
activities and documents relevant to compliance with the requirements
of Sec. Sec.  80.125 through 80.127, 80.130, and 80.1464.
    (i) Withdrawal or suspension of foreign RIN owner status. EPA may
withdraw or suspend its approval of a foreign RIN owner where any of
the following occur:
    (1) A foreign RIN owner fails to meet any requirement of this
section, including, but not limited to, the bond requirements.
    (2) A foreign government fails to allow EPA inspections as provided
in paragraph (c)(1) of this section.
    (3) A foreign RIN owner asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in this
subpart.
    (4) A foreign RIN owner fails to pay a civil or criminal penalty
that is not satisfied using the foreign RIN owner bond specified in
paragraph (e) of this section.
    (j) Additional requirements for applications, reports and
certificates. Any application for approval as a foreign RIN owner, any
report, certification, or other submission required under this section
shall be:
    (1) Submitted in accordance with procedures specified by the
Administrator, including use of any forms that may be specified by the
Administrator.
    (2) Signed by the president or owner of the foreign RIN owner
company, or by that person's immediate designee, and shall contain the
following declaration:
    ``I hereby certify: (1) That I have actual authority to sign on
behalf of and to bind [INSERT NAME OF FOREIGN RIN OWNER] with regard to
all statements contained herein; (2) that I am aware that the
information contained herein is being Certified, or submitted to the
United States Environmental Protection Agency, under the requirements
of 40 CFR part 80, subpart M, and that the information is material for
determining compliance under these regulations; and (3) that I have
read and understand the information being Certified or submitted, and
this information is true, complete and correct to the best of my
knowledge and belief after I have taken reasonable and appropriate
steps to verify the accuracy thereof. I affirm that I have read and
understand the provisions of 40 CFR part 80, subpart M, including 40
CFR 80.1467 apply to [INSERT NAME OF FOREIGN RIN OWNER]. Pursuant to
Clean Air Act section 113(c) and 18 U.S.C. 1001, the penalty for
furnishing false, incomplete or misleading information in this
certification or submission is a fine of up to $10,000 U.S., and/or
imprisonment for up to five years.''.

Sec.  80.1468  Incorporation by reference.

    (a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that
specified in this section, the Environmental Protection Agency (EPA)
must publish notice of change in the Federal Register and the material

must be available to the public. All approved material is available for
inspection at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, call 202-
741-6030 or go to: http://www/archives.gov/federal_register/code_of_
federal_regulations/ibr_locations.html. This material is also
available for inspection at the EPA Docket Center, Docket No. EPA-HQ-
OAR-2005-0161, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave.,
NW., Washington DC. The telephone number for the Air Docket is (202)
566-1742. Also, this material is available from the source listed in
paragraph (b) of this section.
    (b) American Society for Testing and Materials, 100 Barr Harbor
Drive, P.O. Box C-700, West Conshohocken, Pennsylvania 19428 (1-800-
262-1373, www.astm.org).
    (1) ASTM D 1250-08 (``ASTM D 1250''), Standard Guide for Use of the
Petroleum Measurement Tables, Approved 2008; IBR approved for Sec.
80.1426(f)(8)(ii)(B).
    (2) ASTM D 4442-07 (``ASTM D 4442''), Standard Test Methods for
Direct Moisture Content Measurement of Wood and Wood-Base Materials,
Approved 2007; IBR approved for Sec.  80.1426(f)(7)(v)(B).
    (3) ASTM D 4444-08 (``ASTM D 4444''), Standard Test Method for
Laboratory Standardization and Calibration of Hand-Held Moisture
Meters, Approved 2008; IBR approved for Sec.  80.1426(f)(7)(v)(B).
    (4) ASTM D 6751-09 (``ASTM D 6751''), Standard Specification for
Biodiesel Fuel Blend Stock (B100) for Middle Distillate Fuels, Approved
2009; IBR approved for Sec.  80.1401.
    (5) ASTM D 6866-08 (``ASTM D 6866''), Standard Test Methods for
Determining the Biobased Content of Solid, Liquid, and Gaseous Samples
Using Radiocarbon Analysis, Approved 2008; IBR approved for Sec. Sec.
80.1426(f)(9)(ii) and 80.1430(e)(2).
    (6) ASTM E 711-87 (``ASTM E 711''), Standard Test Method for Gross
Calorific Value of Refuse-Derived Fuel by the Bomb Calorimeter,
Reapproved 2004; IBR approved for Sec.  80.1426(f)(7)(v)(A).
    (7) ASTM E 870-82 (``ASTM E 870''), Standard Test Methods for
Analysis of Wood Fuels, Reapproved 2006); IBR approved for Sec.
80.1426(f)(7)(v)(A).

[FR Doc. 2010-3851 Filed 3-25-10; 8:45 am]
BILLING CODE 6560-50-P