ETBE from corn ethanol.....................................         0.4
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Sec. Sec.  80.1116--80.1124  [Added and Reserved]

    8. Sections 80.1116 through 80.1124 are added and reserved.
    9. Sections 80.1125 through 80.1131 are added to read as follows:

Sec.  80.1125  Renewable Identification Numbers (RINs).

    Each RIN is a 34 character numerical code of the following form:

YYYYCCCCFFFFF[fxsp0]BBBBBRRDKSSSSSS[fxsp0]EEEEEE

    (a) YYYY is the calendar year in which the batch of renewable fuel
was produced or imported. YYYY also represents the year in which the
RIN was originally generated.
    (b) CCCC is the registration number assigned according to Sec.
80.1150 to the producer or importer of the batch of renewable fuel.
    (c) FFFFF is the registration number assigned according to Sec.
80.1150 to the facility at which the batch of renewable fuel was
produced or imported.
    (d) BBBBB is a serial number assigned to the batch which:
    (1) Is chosen by the producer or importer of the batch such that no
two batches have the same value in a given calendar year;
    (2) Begins with the value 00001 for the first batch produced or
imported by a facility in a given calendar year; and
    (3) Increases sequentially for subsequent batches produced or
imported by that facility in that calendar year.
    (e) RR is a number representing the equivalence value of the
renewable fuel.
    (1) Equivalence values are specified in Sec.  80.1115.
    (2) Multiply the equivalence value by 10 to produce the value for
RR.
    (f) D is a number identifying the type of renewable fuel, as
follows:
    (1) D has the value of 1 if the renewable fuel can be categorized
as cellulosic biomass ethanol.

    (2) D has the value of 2 if the renewable fuel cannot be
categorized as cellulosic biomass ethanol.
    (g) K is a number identifying the type of RIN as follows:
    (1) K has the value of 1 if the batch-RIN is a standard-value RIN.
    (2) K has the value of 2 if the batch-RIN is an extra-value RIN.
    (h) SSSSSS is a number representing the first gallon associated
with a batch of renewable fuel.
    (i) EEEEEE is a number representing the last gallon associated with
a batch of renewable fuel. EEEEEE will be identical to SSSSSS in the
case of a gallon-RIN. Assign the value of EEEEEE as described in Sec.
80.1126.

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

    (a) Regional applicability. (1) Except as provided in paragraph (b)
of this section, every batch of renewable fuel produced by a facility
located in the contiguous 48 states of the United States, or imported
into the contiguous 48 states, must be assigned a RIN.
    (2) If the Administrator approves a petition of Alaska, Hawaii, or
a United States territory to opt-in to the renewable fuel program under
the provisions in Sec.  80.1143, then the requirements of paragraph
(a)(1) of this section shall also apply to renewable fuel produced or
imported into that state or territory beginning in the next calendar
year.
    (b) Volume threshold. Pursuant to Sec.  80.1154, producers with
renewable fuel production facilities located within the United States
that produce less than 10,000 gallons of renewable fuel each year, and
importers that import less than 10,000 gallons of renewable fuel each
year, are not required to generate and assign RINs to batches of
renewable fuel. Such producers and importers are also exempt from the
registration, reporting, and recordkeeping requirements of Sec. Sec.
80.1150 through 80.1152. However, for those producers and importers
that voluntarily generate and assign RINs, all the requirements of this
subpart apply.
    (c) Generation of RINs. (1) The producer or importer of a batch of
renewable fuel must generate the RINs associated with that batch.
However, a producer of a batch of renewable fuel for export is not
required to generate a RIN for that batch if that producer is also the
exporter and exports the renewable fuel.
    (2) A party generating a RIN shall specify the appropriate
numerical values for each component of the RIN in accordance with the
provisions of Sec.  80.1125 and this paragraph (c).
    (3) Standard-value RINs shall be generated separately from extra-
value RINs, and distinguished from one another by the K component of
the RIN.
    (4) When a standard-value batch-RIN or an extra-value batch-RIN is
initially generated by a renewable fuel producer or importer, the value
of SSSSSS in the batch-RIN shall be 000001 to represent the first
gallon in the batch of renewable fuel.
    (5) Generation of standard-value batch-RINs. (i) Except as provided
in paragraph (c)(5)(ii) of this section, a standard-value batch-RIN
shall be generated to represent the gallons in a batch of renewable
fuel. The value of EEEEEE when a batch-RIN is initially generated by a
renewable fuel producer or importer shall be determined as follows:
    (A) For renewable fuels with an equivalence value of 1.0 or
greater, the value of EEEEEE shall be the standardized volume of the
batch in gallons.
    (B) For renewable fuels with an equivalence value of less than 1.0,
the value of EEEEEE shall be the applicable volume, in gallons,
calculated according to the following formula:

Va = EV * Vs

Where:

Va = Applicable volume of renewable fuel, in gallons, for
use in designating the value of EEEEEE.
EV = Equivalence value for the renewable fuel per Sec.  80.1115.
Vs = Standardized volume of the batch of renewable fuel
at 60 [deg]F, in gallons.

    (ii) For biocrude-based renewable fuels, a standard-value batch-RIN
shall be generated to represent the gallons of biocrude rather than the
gallons of renewable fuel. The value of EEEEEE shall be the
standardized volume of the biocrude in gallons.
    (6) Generation of extra-value batch-RINs. (i) Extra-value batch-
RINs may be generated for renewable fuels having an equivalence value
greater than 1.0.
    (ii) The value for EEEEEE in an extra-value batch-RIN when a batch-
RIN is initially generated by a renewable fuel producer or importer
shall be the applicable volume of renewable fuel calculated according
to the following formula:

Va = (EV-1.0) * Vs

Where:

Va = Applicable volume of renewable fuel, in gallons, for
use in designating the value of EEEEEE.
EV= Equivalence value for the renewable fuel per Sec.  80.1115.
Vs = Standardized volume of the batch of renewable fuel
at 60 [deg]F, in gallons.

    (7) Standardization of volumes. In determining the standardized
volume of a batch of renewable fuel for purposes of generating
standard-value batch-RINs or extra-value batch-RINs, pursuant to
paragraphs (c)(5) and (c)(6) of this section, the batch volumes shall
be adjusted to a standard temperature of 60 [deg]F.
    (i) For ethanol, the following formula shall be used:

Vs,e = Va,e * (-0.0006301 x T + 1.0378)

Where:

Vs,e = Standardized volume of ethanol at 60 [deg]F, in
gallons.
Va,e = Actual volume of ethanol, in gallons.
T = Actual temperature of the batch, in [deg]F.

    (ii) For biodiesel (mono alkyl esters), the following formula shall
be used:

Vs,b = Va,b * (-0.0008008 x T + 1.0480)

Where:

Vs,b = Standardized volume of biodiesel at 60 [deg]F, in
gallons.
Va,b = Actual volume of biodiesel, in gallons.
T = Actual temperature of the batch, in [deg]F.

    (iii) For other renewable fuels, an appropriate formula commonly
accepted by the industry shall be used to standardize the actual volume
to 60 [deg]F.
    (d) Assignment of batch-RINs to batches. (1) The producer or
importer of a batch of renewable fuel must assign standard-value RINs
to the batch of renewable fuel that those batch-RINs represent.
    (2) The producer or importer of a batch of renewable fuel may
assign extra-value batch-RINs to the batch of renewable fuel that those
batch-RINs represent.
    (3) A batch-RIN is assigned to a batch when the batch-RIN is
recorded in a prominent location on a product transfer document
assigned to that batch of renewable fuel per Sec.  80.1153.

Sec.  80.1127  How are RINs used to demonstrate compliance?

    (a) Renewable volume obligations. (1) Except as specified in
paragraph (b) of this section, each party that is obligated to meet the
Renewable Volume Obligation under Sec.  80.1107, or an exporter of
renewable fuels, must demonstrate that it has acquired sufficient RINs
to satisfy the following equation:

([Sigma]RINVOL)i + ([Sigma]RINVOL)i-1 =
RVOi

Where:

([Sigma]RINVOL)i = Sum of all acquired gallon-RINs that
were generated in year i and are being applied towards the
RVOi, in gallons.
([Sigma]RINVOL)i-1 = Sum of all acquired gallon-RINs that
were generated in year i-1 and are being applied towards the
RVOi, in gallons.

RVOi = The Renewable Volume Obligation for the obligated
party or renewable fuel exporter for calendar year i, in gallons.

    (2) For compliance for calendar years 2009 and later, the value of
([Sigma]RINVOL)i-1 may not exceed a value determined by the
following inequality:

([Sigma]RINVOL)i-1 <= 0.20 * RVOi

Where:

([Sigma]RINVOL)i-1 = Sum of all acquired gallon-RINs that
were generated in year i-1 and are being applied towards the
RVOi, in gallons.

    (3) RINs may only be used to demonstrate compliance with the RVO
for the calendar year in which they were generated or the following
calendar year. RINs used to demonstrate compliance in one year cannot
be used to demonstrate compliance in any other year.
    (4) A party may acquire a RIN only if that RIN is obtained in
accordance with Sec. Sec.  80.1128 and 80.1129.
    (5) Gallon-RINs that can be used for compliance with the RVO shall
be calculated from the following formula:
RINVOL = EEEEEE - SSSSSS + 1

Where:

RINVOL = Gallon-RINs associated with a batch-RIN, in gallons.
EEEEEE = Batch-RIN component identifying the last gallon associated
with the batch of renewable fuel that the batch-RIN represents.
SSSSSS = Batch-RIN component identifying the first gallon associated
with the batch of renewable fuel that the batch-RIN represents.

    (b) Deficit carryovers. (1) An obligated party or an exporter of
renewable fuel that fails to meet the requirements of paragraph (a)(1)
of this section for calendar year i is permitted to carry a deficit
into year i + 1 under the following conditions:
    (i) The party did not carry a deficit into calendar year i from
calendar year i-1.
    (ii) The party subsequently meets the requirements of paragraph
(a)(1) of this section for calendar year i+1.
    (2) A deficit is calculated according to the following formula:

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

Where:

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

Sec.  80.1128  General requirements for RIN distribution.

    (a) RINs assigned to batches of renewable fuel. (1) Except as
provided in Sec.  80.1129 and paragraph (a)(3) of this section, as
title to a batch of renewable fuel is transferred from one party to
another, a batch-RIN that has been assigned to that batch according to
Sec.  80.1126(d) must remain assigned to an equivalent renewable fuel
volume having the same equivalence value.
    (i) A batch-RIN assigned to a batch shall be identified on product
transfer documents representing the batch pursuant to Sec.  80.1153.
    (ii) Any documentation used to transfer custody of or title to a
batch from one party to another must identify the batch-RINs assigned
to that batch.
    (2) If two or more batches of renewable fuel are combined into a
single batch, then all the batch-RINs assigned to all the batches
involved in the merger shall be assigned to the final combined batch.
    (3) If a batch of renewable fuel is split into two or more smaller
batches, any batch-RINs assigned to the parent batch must likewise be
split and assigned to the daughter batches.
    (i) If the Equivalence Value for the renewable fuel in the parent
batch is equal to or greater than 1.0, then there shall be at least one
gallon-RIN for every gallon in each of the daughter batches.
    (ii) If the Equivalence Value for the renewable fuel in the parent
batch is less than 1.0, then the ratio of gallon-RINs to gallons in the
parent batch shall be preserved in all daughter batches.
    (iii) For purposes of this paragraph (a)(3), the volume of each
parent and daughter batch shall be standardized to 60 [deg]F pursuant
to Sec.  80.1126(c)(7).
    (b) RINs not assigned to batches of renewable fuel. (1) Unassigned
RIN means one of the following:
    (i) It is a RIN that contains a K value identifying it as an extra-
value RIN and was not assigned to a batch of renewable fuel by the
producer or importer of that batch; or
    (ii) It is a RIN that was separated from the batch to which it was
assigned in accordance with Sec.  80.1129.
    (2) Any party that has registered pursuant to Sec.  80.1150 can
hold title to an unassigned RIN.
    (3) Unassigned RINs can be transferred from one party to another
any number of times.
    (4) An unassigned batch-RIN can be divided by its holder into two
batch-RINs, each representing a smaller number of gallon-RINs if all of
the following conditions are met:
    (i) All RIN components other than SSSSSS and EEEEEE are identical
for the parent and daughter RINs.
    (ii) The sum of the gallon-RINs associated with the two daughter
batch-RINs is equal to the gallon-RINs associated with the parent
batch.

Sec.  80.1129  Requirements for separating RINs from batches.

    (a)(1) Separation of a RIN from a batch means termination of the
assignment of the RIN from a batch of renewable fuel.
    (2) A RIN that has been assigned to a batch of renewable fuel
according to Sec.  80.1126(d) may be separated from a batch only under
one of the following conditions:
    (i) A party that is an obligated party according to Sec.  80.1106
may separate any RINs that have been assigned to a batch if they own
the batch.
    (ii) Except as provided in paragraph (a)(2)(v) of this section, any
party that owns a batch of renewable fuel shall have the right to
separate any RINs that have been assigned to that batch once the batch
is blended with gasoline or diesel to produce a motor vehicle fuel.
    (iii) Any party that exports a batch of renewable fuel shall have
the right to separate any RINs that have been assigned to the exported
batch.
    (iv) Except as provided in paragraph (a)(2)(v) of this section, any
renewable fuel producer that owns a batch of renewable fuel shall have
the right to separate any RINs that have been assigned to that batch if
the renewable fuel is designated as motor vehicle fuel in its neat form
and is used as motor vehicle fuel in its neat form.
    (v) RINs assigned to batches of biodiesel (mono-alkyl esters) can
only be separated from those batches once the biodiesel is blended into
diesel fuel at a concentration of 80 volume percent biodiesel or less.
    (b) Upon separation from its associated batch, a RIN shall be
removed from all documentation that:
    (1) Is used to identify custody or title to the batch; or
    (2) Is transferred with the batch.
    (c) RINs that have been separated from batches of renewable fuel
become unassigned RINs subject to the provisions of Sec.  80.1128(b).

Sec.  80.1130  Requirements for exporters of renewable fuels.

    (a)(1) Any party that exports any amount of renewable fuel shall
acquire sufficient RINs to offset a Renewable Volume Obligation
representing the exported renewable fuel.

    (2) Only exporters located in the applicable region described in
Sec.  80.1126(a) are subject to the requirements of this section.
    (b) Renewable Volume Obligations. An exporter of renewable fuel
shall determine its Renewable Volume Obligation from the volumes of the
batches exported.
    (1) A renewable fuel exporter's total Renewable Volume Obligation
shall be calculated according to the following formula:

RVOi = [Sigma](VOLk * EVk) +
Di-1

Where:

k = Batch.
RVOi = The Renewable Volume Obligation for the exporter
for calendar year i, in gallons of renewable fuel.
VOLk = The standardized volume of batch k of exported
renewable fuel, in gallons.
EVk = The equivalence value for batch k.
Di-1 = Renewable fuel deficit carryover from
the previous year, in gallons.

    (2)(i) For exported batches of renewable fuel that have assigned
RINs, the equivalence value may be determined from the RR component of
the RIN.
    (ii) If a batch of renewable fuel does not have assigned RINs but
its equivalence value may nevertheless be determined pursuant to Sec.
80.1115(d) based on its composition, then the appropriate equivalence
value shall be used in the calculation of the exporter's Renewable
Volume Obligation.
    (iii) If the equivalence value for a batch of renewable fuel cannot
be determined, the value of EVk shall be 1.0.
    (3) If the exporter of a batch of renewable fuel is also the
producer of that batch, and no RIN was generated to represent that
batch, then the volume of that batch shall be excluded from the
calculation of the Renewable Volume Obligation.
    (c) Each exporter of renewable fuel must demonstrate compliance
with its RVO using RINs it has acquired pursuant to Sec.  80.1127.

Sec.  80.1131  Treatment of invalid RINs.

    (a) Invalid RINs. An invalid RIN is a RIN that:
    (1) Is a duplicate of a valid RIN;
    (2) Was based on volumes that have not been standardized to 60
[deg]F;
    (3) Has expired;
    (4) Was based on an incorrect equivalence value; or
    (5) Was otherwise improperly generated.
    (b) In the case of RINs that have been determined to be invalid,
the following provisions apply:
    (1) Invalid RINs cannot be used to achieve compliance with the
transferee's Renewable Volume Obligation, regardless of the
transferee's good faith belief that the RINs were valid.
    (2) The refiner or importer who used the invalid RINs, and any
transferor of the invalid RINs, must adjust their records, reports, and
compliance calculations as necessary to reflect the deletion of invalid
RINs.
    (3) Any valid RINs remaining after deleting invalid RINs, and after
an obligated party applies valid RINs as needed to meet the RVO at the
end of the compliance year, must first be applied to correct the
invalid transfers before the transferor trades or banks the RINs.
    (4) In the event that the same RIN is transferred to two or more
parties, the RIN will be deemed to be invalid, and any party to any
transfer of the invalid RIN will be deemed liable for any violations
arising from the transfer or use of the invalid RIN.
    (5) A RIN will not be deemed invalid where it can be determined
that the RIN was properly created and transferred.

Sec. Sec.  80.1132-80.1140  [Added and Reserved]

    10. Sections 80.1132 through 80.1140 are added and reserved.
    11. Sections 80.1141 through 80.1143 are added to read as follows:

Sec.  80.1141  Small refinery exemption.

    (a)(1) Pursuant to Sec.  80.1107(d), gasoline produced by a refiner
at a small refinery is qualified for an exemption from the renewable
fuels standards of Sec.  80.1105 if that refinery meets the definition
of a small refinery under Sec.  80.1101(i) for calendar year 2004.
    (2) This exemption shall apply through December 31, 2010, unless a
refiner chooses to opt-in to the program requirements of this subpart
(per paragraph (g) of this section) prior to this date.
    (b)(1) To apply for an exemption under this section, a refiner must
submit an application to EPA containing the following information:
    (i) The annual average aggregate daily crude oil throughput for the
period January 1, 2004, through December 31, 2004 (as determined by
dividing the aggregate throughput for the calendar year by the number
365);
    (ii) A letter signed by the president, chief operating or chief
executive officer of the company, or his/her designee, stating that the
information contained in the application is true to the best of his/her
knowledge, and that the company owned the refinery as of January 1,
2006; and
    (iii) Name, address, phone number, facsimile number, and E-mail
address of a corporate contact person.
    (2) Applications must be submitted by September 1, 2007.
    (c) Within 60 days of EPA's receipt of a refiner's application for
a small refinery exemption, EPA will notify the refiner if the
exemption is not approved or of any deficiencies in the application. In
the absence of such notification from EPA, the effective date of the
small refinery exemption is 60 days from EPA's receipt of the refiner's
submission.
    (d) If EPA finds that a refiner provided false or inaccurate
information on its application for a small refinery exemption, the
exemption will be void ab initio upon notice from EPA.
    (e) If a refiner is complying on an aggregate basis for multiple
refineries, any such refiner may exclude from the calculation of its
Renewable Volume Obligation (under Sec.  80.1107(a)) gasoline from any
refinery receiving the small refinery exemption under paragraph (a) of
this section.
    (f)(1) The exemption period in paragraph (a) of this section shall
be extended by the Administrator for a period of not less than two
additional years if a study by the Secretary of Energy determines that
compliance with the requirements of this subpart would impose a
disproportionate economic hardship on the small refinery.
    (2) A refiner may at any time petition the Administrator for an
extension of its small refinery exemption under paragraph (a) of this
section for the reason of disproportionate economic hardship.
    (3) A petition for an extension of the small refinery exemption
must specify the factors that demonstrate a disproportionate economic
hardship and must provide a detailed discussion regarding the inability
of the refinery to produce gasoline meeting the requirements of Sec.
80.1105 and the date the refiner anticipates that compliance with the
requirements can be achieved at the small refinery.
    (4) The Administrator shall act on such a petition not later than
90 days after the date of receipt of the petition.
    (g) At any time, a refiner with an approved small refinery
exemption under paragraph (a) of this section may waive that exemption
upon notification to EPA.
    (1) A refiner's notice to EPA that it intends to waive its small
refinery exemption must be received by November 1.
    (2) The waiver will be effective beginning on January 1 of the
following calendar year, at which point the gasoline produced at that
refinery will be subject to the renewable fuels standard of Sec.
80.1105.

    (3) The waiver must be sent to EPA at one of the addresses listed
in paragraph (m) of this section.
    (h) A refiner that acquires a refinery from either an approved
small refiner (under Sec.  80.1142) or another refiner with an approved
small refinery exemption under paragraph (a) of this section shall
notify EPA in writing no later than 20 days following the acquisition.
    (i) Applications under paragraph (b) of this section, petitions for
hardship extensions under paragraph (f) of this section, and small
refinery exemption waivers under paragraph (g) of this section shall be
sent to one of the following addresses:
    (1) For U.S. mail: U.S. EPA--Attn: RFS Program, Transportation and
Regional Programs Division (6406J), 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; or
    (2) For overnight or courier services: U.S. EPA, Attn: RFS Program,
Transportation and Regional Programs Division (6406J), 1310 L Street,
NW., 6th floor, Washington, DC 20005.

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

    (a)(1) A refiner qualifies for a small refiner exemption if the
refiner does not meet the definition of a small refinery under Sec.
80.1101(i) but meets all of the following criteria:
    (i) The refiner produced gasoline at the refinery by processing
crude oil through refinery processing units from January 1, 2004
through December 31, 2004.
    (ii) The refiner employed an average of no more than 1,500 people,
based on the average number of employees for all pay periods for
calendar year 2004 for all subsidiary companies, all parent companies,
all subsidiaries of the parent companies, and all joint venture
partners.
    (iii) The refiner had a corporate-average crude oil capacity less
than or equal to 155,000 barrels per calendar day (bpcd) for 2004.
    (2) The small refiner exemption shall apply through December 31,
2010, unless a refiner chooses to opt-in to the program requirements of
this subpart (per paragraph (g) of this section) prior to this date.
    (b) To apply for an exemption under this section, a refiner must
submit an application to EPA containing all of the following
information for the refiner and for all subsidiary companies, all
parent companies, all subsidiaries of the parent companies, and all
joint venture partners; approval of an exemption application will be
based on all information submitted under this paragraph and any other
relevant information:
    (1) (i) A listing of the name and address of each company location
where any employee worked for the period January 1, 2004 through
December 31, 2004.
    (ii) The average number of employees at each location based on the
number of employees for each pay period for the period January 1, 2004
through December 31, 2004.
    (iii) The type of business activities carried out at each location.
    (iv) For joint ventures, the total number of employees includes the
combined employee count of all corporate entities in the venture.
    (v) For government-owned refiners, the total employee count
includes all government employees.
    (2) The total corporate crude oil capacity of each refinery as
reported to the Energy Information Administration (EIA) of the U.S.
Department of Energy (DOE), for the period January 1, 2004 through
December 31, 2004. The information submitted to EIA is presumed to be
correct. In cases where a company disagrees with this information, the
company may petition EPA with appropriate data to correct the record
when the company submits its application.
    (3) A letter signed by the president, chief operating or chief
executive officer of the company, or his/her designee, stating that the
information contained in the application is true to the best of his/her
knowledge, and that the company owned the refinery as of January 1,
2006.
    (4) Name, address, phone number, facsimile number, and e-mail
address of a corporate contact person.
    (c) Applications under paragraph (b) of this section must be
submitted by September 1, 2007. EPA will notify a refiner of approval
or disapproval of its small refiner status in writing.
    (d) A refiner who qualifies as a small refiner under this section
and subsequently fails to meet all of the qualifying criteria as set
out in paragraph (a) of this section will have its small refiner
exemption terminated effective January 1 of the next calendar year;
however, disqualification shall not apply in the case of a merger
between two approved small refiners.
    (e) If EPA finds that a refiner provided false or inaccurate
information on its application for small refiner status under this
subpart, the small refiner's exemption will be void ab initio upon
notice from EPA.
    (f) If a small refiner is complying on an aggregate basis for
multiple refineries, the refiner may exclude those refineries from the
compliance calculations under Sec.  80.1125.
    (g) (1) An approved small refiner may, at any time, waive the
exemption under paragraph (a) of this section upon notification to EPA.
    (2) An approved small refiner's notice to EPA that it intends to
waive the exemption under paragraph (a) of this section must be
received by November 1 in order for the waiver to be effective for the
following calendar year. The waiver will be effective beginning on
January 1 of the following calendar year, at which point the refiner
will be subject to the renewable fuels standard of Sec.  80.1105.
    (3) The waiver must be sent to EPA at one of the addresses listed
in paragraph (i) of this section.
    (h) A refiner that acquires a refinery from another refiner with
approved small refiner status under paragraph (a) of this section shall
notify EPA in writing no later than 20 days following the acquisition.
    (i) Applications under paragraph (b) of this section shall be sent
to one of the following addresses:
    (1) For U.S. Mail: U.S. EPA--Attn: RFS Program, Transportation and
Regional Programs Division (6406J), 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; or
    (2) For overnight or courier services: U.S. EPA, Attn: RFS Program,
Transportation and Regional Programs Division (6406J), 1310 L Street,
NW., 6th floor, Washington, DC 20005.

Sec.  80.1143  What are the opt-in provisions for noncontiguous states
and territories?

    (a) A noncontiguous state or United States territory may petition
the Administrator to opt-in to the program requirements of this
subpart.
    (b) The petition must be signed by the Governor of the state or his
authorized representative (or the equivalent official of the
territory).
    (c) The Administrator will approve the petition if it meets the
provisions of paragraphs (b) and (d) of this section.
    (d)(1) A petition submitted under this section must be received by
the Agency by October 31 for the state or territory to be included in
the RFS program in the next calendar year.
    (2) A petition submitted under this section should be sent to one
of the following addresses:
    (i) For U.S. Mail: U.S. EPA-Attn: RFS Program, Transportation and
Regional Programs Division (6406J), 1200 Pennsylvania Avenue, NW.,
Washington, DC 20460; or
    (ii) For overnight or courier services: U.S. EPA, Attn: RFS
Program, Transportation and Regional Programs

Division (6406J), 1310 L Street, NW., 6th floor, Washington, DC 20005.
    (e) Upon approval of the petition by the Administrator--
    (1) EPA shall calculate the standard for the following year,
including the total gasoline volume for the state or territory in
question.
    (2) Beginning on January 1 of the next calendar year, all gasoline
producers in the state or territory for which a petition has been
approved shall be obligated parties as defined in Sec.  80.1106.
    (3) Beginning on January 1 of the next calendar year, all renewable
fuel producers in the State or territory for which a petition has been
approved shall, pursuant to Sec.  80.1126(a)(2), be required to
generate RINs and assign them to batches of renewable fuel.

Sec. Sec.  80.1144-80.1149  [Added and Reserved]

    12. Sections 80.1144 through 80.1149 are added and reserved.
    13. Sections 80.1150 through 80.1154 are added to read as follows:

Sec.  80.1150  What are the registration requirements under the RFS
program?

    (a)(1) Any obligated party as defined in Sec.  80.1106 and any
exporter of renewable fuel that is subject to a renewable fuels
standard under this subpart, as of [DATE 60 DAYS AFTER PUBLICATION OF
THE FINAL RULE IN THE FEDERAL REGISTER], must provide EPA with the
information specified for registration under Sec.  80.76, if such
information has not already been provided under the provisions of this
part. In addition, for each import facility, the same identifying
information as required for each refinery under Sec.  80.76(c) must be
provided. Registrations must be submitted by no later than [DATE 90
DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER].
    (2) Any obligated party, as defined in Sec.  80.1106, or any
exporter of renewable fuel that becomes subject to a renewable fuels
standard under this subpart after the date specified in paragraph
(a)(1) of this section, must provide EPA the information specified for
registration under Sec.  80.76, if such information has not already
been provided under the provisions of this part, and must receive EPA-
issued company and facility identification numbers prior to engaging in
any transaction involving RINs. Additionally, for each import facility,
the same identifying information as required for each refinery under
Sec.  80.76(c) must be provided.
    (b)(1) Any producer of a renewable fuel that is subject to a
renewable fuels standard under this subpart as of [DATE 60 DAYS AFTER
PUBLICATION OF THE FINAL RULE IN THE FEDERAL REGISTER], must provide
EPA the information specified under Sec.  80.76, if such information
has not already been provided under the provisions of this part, by no
later than [DATE 90 DAYS AFTER PUBLICATION OF THE FINAL RULE IN THE
FEDERAL REGISTER] .
    (2) Any producer of renewable fuel that becomes subject to a
renewable fuels standard under this subpart after the date specified in
paragraph (b)(1) of this section, must provide EPA the information
specified for registration under Sec.  80.76, if such information has
not already been provided under the provisions of this part, and must
receive EPA-issued company and facility identification numbers prior to
generating or creating any RINs.
    (c) Any party not covered by paragraphs (a) and (b) of this section
must provide EPA the information specified under Sec.  80.76, if such
information has not already been provided under the provisions of this
part, and must receive EPA-issued company and facility identification
numbers prior to owning any RINs.
    (d) Registration shall be on forms, and following policies,
established by the Administrator.

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

    (a) Beginning with [DATE 60 DAYS AFTER PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], any obligated party as defined under
Sec.  80.1106 or exporter of renewable fuel that is subject to the
renewable fuels standard under Sec.  80.1105 must keep all the
following records:
    (1) The applicable product transfer documents under Sec.  80.1153.
    (2) Copies of all reports submitted to EPA under Sec.  80.1152(a).
    (3) Records related to each transaction involving the sale,
purchase, brokering, and trading of RINs, which includes all the
following:
    (i) A list of the RINs owned or transferred.
    (ii) The parties involved in each transaction including the
transferor, transferee, and any broker or agent.
    (iii) The location, time, and date of the transfer of the RIN(s).
    (iv) Additional information related to details of the transaction
and its terms.
    (4) Records related to the use of RINs, by facility, for
compliance, which includes all the following:
    (i) Methods and variables used to calculate the Renewable Volume
Obligation pursuant to Sec.  80.1107.
    (ii) List of RINs surrendered to EPA used to demonstrate
compliance.
    (iii) Additional information related to details of RIN use for
compliance.
    (5) Verifiable records of all the following:
    (i) The amount and type of fossil fuel and waste material-derived
fuel used in producing on-site thermal energy dedicated to the
production of ethanol at plants producing cellulosic ethanol as defined
in Sec.  80.1101(a)(2).
    (ii) The equivalent amount of fossil fuel (based on reasonable
estimates) associated with the use of off-site generated waste heat
that is used in the production of ethanol at plants producing
cellulosic ethanol as defined in Sec.  80.1101(a)(2).
    (b) Beginning with [DATE 60 DAYS AFTER PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], any importer or producer of renewable
fuel as defined under Sec.  80.1101(e) must keep all the following
records:
    (1) The applicable product transfer documents under Sec.  80.1153.
    (2) Copies of all reports submitted to EPA under Sec.  80.1152(b).
    (3) Records related to the generation of RINs, for each facility,
including all of the following:
    (i) Batch Volume.
    (ii) RIN number as assigned under Sec.  80.1126.
    (iii) Identification of those batches meeting the definition of
cellulosic biomass ethanol.
    (iv) Date of production or import.
    (v) Results of any laboratory analysis of batch chemical
composition or physical properties.
    (vi) Additional information related to details of RIN generation.
    (4) Records related to each transaction involving the sale,
purchase, brokering, and trading of RINs, including all of the
following:
    (i) A list of the RINs acquired, owned or transferred.
    (ii) The parties involved in each transaction including the
transferor, transferee, and any broker or agent.
    (iii) The location, time, and date of the transfer of the RIN(s).
    (iv) Additional information related to details of the transaction
and its terms.
    (c) Beginning with [DATE 60 DAYS AFTER PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], any party, other than those parties
covered in paragraphs (a) and (b) of this section, that owns RINs must
keep all of the following records:
    (1) The applicable product transfer documents under Sec.  80.1153.
    (2) Copies of all reports submitted to EPA under Sec.  80.1152(c).
    (3) Records related to each transaction involving the sale,
purchase, brokering, and trading of RINs, including all of the
following:
    (i) A list of the RINs acquired, owned, or transferred.

    (ii) The parties involved in each transaction including the
transferor, transferee, and any broker or agent.
    (iii) The location, time, and date of the transfer of the RIN(s).
    (iv) Additional information related to details of the transaction
and its terms.
    (d) The records required under this section and under Sec.  80.1153
shall be kept for five years from the date they were created, except
that records related to transactions involving RINs shall be kept for
five years from the date of transfer.
    (e) On request by EPA, the records required under this section and
under Sec.  80.1153 must be made available to the Administrator or the
Administrator's authorized representative. For records that are
electronically generated or maintained, the equipment or software
necessary to read the records shall be made available; or, if requested
by EPA, electronic records shall be converted to paper documents which
shall be provided to the Administrator's authorized representative.

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

    (a) Beginning with [DATE 60 DAYS AFTER PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], any obligated party as defined in Sec.
80.1106 or exporter of renewable fuel that is subject to the renewable
fuels standard under Sec.  80.1105, and continuing for each year
thereafter, must submit to EPA annual reports that contain the
information required in this section and such other information as EPA
may require:
    (1) A summary report of the annual gasoline volume produced or
imported, or volume of renewable fuel exported, and whether the party
is complying on a corporate (aggregate) or facility-by-facility basis.
This report shall include all of the following:
    (i) The obligated party's name.
    (ii) The EPA company registration number.
    (iii) The EPA facility registration number(s).
    (iv) The production volume of finished gasoline, RBOB as defined in
Sec.  80.1107(c) and CBOB as defined in Sec.  80.1107(c).
    (v) The renewable volume obligation (RVO), as defined in Sec.
80.1127(a) for obligated parties and Sec.  80.1130 for exporters of
renewable fuel, for the reporting year.
    (vi) Any deficit RVO carried over from the previous year.
    (vii) Any deficit RVO carried into the subsequent year.
    (viii) The total number of RINs used for compliance.
    (ix) A list of all RINs used for compliance.
    (x) Any additional information that the Administrator may require.
    (2) A report documenting each transaction of RINs traded between
two parties, shall include all of the following:
    (i) The submitting party's name.
    (ii) The submitter's EPA company registration number.
    (iii) The submitter's EPA facility registration number(s).
    (iv) The compliance period,
    (v) Transaction type (e.g. purchase, sale).
    (vi) Transaction date.
    (vii) Trading partner's name.
    (viii) Trading partner's EPA company registration number.
    (ix) Trading partner's EPA facility registration number.
    (x) RINs traded.
    (xi) Any additional information that the Administrator may require.
    (3) A report that summarizes RIN activities for a given compliance
year shall include all of the following information:
    (i) The total prior-years RINs carried over into the current year
(on an annual basis beginning January 1).
    (ii) The total current-year RINS acquired.
    (iii) The total prior-years RINs acquired.
    (iv) The total current-year RINs sold.
    (v) The total prior-years RINs sold.
    (vi) The total current-year RINs used.
    (vii) The total prior-years RINs used.
    (viii) The total current-year RINs expired.
    (ix) The total prior-years RINs expired.
    (x) The total current-year RINs to be carried into next year.
    (xi) Any additional information that the Administrator may require.
    (4) Reports shall be submitted on forms and following procedures as
prescribed by EPA.
    (5) Reports shall be submitted by February 28 for the previous
compliance year.
    (6) All reports must be signed and certified as meeting all the
applicable requirements of this subpart by the owner or a responsible
corporate officer of the obligated party.
    (b) Beginning with [DATE 60 DAYS AFTER PUBLICATION OF THE FINAL
RULE IN THE FEDERAL REGISTER], any producer or importer of a renewable
fuel that is subject to the renewable fuels standard under Sec.
80.1105, and continuing for each year thereafter, must submit to EPA
annual reports that contain all of the following information:
    (1) An annual report that includes all of the following information
on a per-batch basis, where ``batch'' means a discreet quantity of
renewable fuel produced and assigned a unique RIN:
    (i) The renewable fuel producer's name.
    (ii) The EPA company registration number.
    (iii) The EPA facility registration number(s).
    (iv) The 34 character RINs generated for each batch according to
Sec.  80.1126.
    (v) The production date of each batch.
    (vi) The renewable fuel type as defined in Sec.  80.1101(f).
    (vii) Information related to the volume of denaturant and
applicable equivalence value.
    (viii) The volume produced.
    (ix) Any additional information the Administrator may require.
    (2) A report documenting each transaction of RINs traded between
two parties, shall include all of the following information:
    (i) The submitting party's name.
    (ii) The submitter's EPA company registration number.
    (iii) The submitter's EPA facility registration number(s).
    (iv) The compliance period.
    (v) Transaction type (e.g. purchase, sale).
    (vi) Transaction date.
    (vii) Trading partner's name.
    (viii) Trading partner's EPA company registration number.
    (ix) Trading partner's EPA facility registration number;
    (x) RINs traded.
    (xi) Any additional information the Administrator may require.
    (3) A report that summarizes RIN activities for a compliance year
shall include all of the following information:
    (i) The total prior-years RINs carried over into the current year
(on an annual basis beginning January 1).
    (ii) The total current-year RINs generated.
    (iii) The total current-year RINS acquired.
    (iv) The total prior-years RINs acquired.
    (v) The total current-years RINs sold.
    (vi) The total prior-years RINs sold.
    (vii) The total current-years RINs expired.
    (viii) The total prior-years RINs expired.
    (ix) The total current-year RINs to be carried into next year.
    (x) Any additional information the Administrator may require.
    (4) Reports shall be submitted on forms and following procedures as
prescribed by EPA.
    (5) Reports shall be submitted by February 28 for the previous
year.
    (6) All reports must be signed and certified as meeting all the
applicable

requirements of this subpart by the owner or a responsible corporate
officer of the renewable fuel producer.
    (c) Any party, other than those parties covered in paragraphs (a)
and (b) of this section, who owns RINs must submit to EPA annual
reports that contain all of the following information:
    (1) A report documenting each transaction of RINs traded between
two parties shall include all of the following:
    (i) The submitting party's name.
    (ii) The submitter's EPA company registration number.
    (iii) The submitter's EPA facility registration number(s).
    (iv) The compliance period.
    (v) Transaction type (e.g. purchase, sale).
    (vi) Transaction date.
    (vii) Trading partner's name.
    (viii) Trading partner's EPA company registration number.
    (ix) Trading partner's EPA facility registration number.
    (x) RINs traded.
    (xi) Any additional information the Administrator may require.
    (2) A report that summarizes RIN activities for a compliance year
shall include all of the following information:
    (i) The total prior-years RINs carried over into the current year
(on an annual basis beginning January 1).
    (ii) The total current-year RINS acquired.
    (iii) The total prior-years RINs acquired.
    (iv) The total current-years RINs sold.
    (v) The total prior-years RINs sold.
    (vi) The total current-years RINs expired.
    (vii) The total prior-years RINs expired.
    (viii) The total current-year RINs to be carried into next year.
    (ix) Any additional information the Administrator may require.
    (3) Reports shall be submitted on forms and following procedures as
prescribed by EPA.
    (4) Reports shall be submitted by February 28 for the previous
year.
    (5) All reports must be signed and certified as meeting all the
applicable requirements of this subpart by the owner or a responsible
corporate officer of the renewable fuel producer.

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

    (a) Any time that a person transfers ownership of renewable fuels
subject to this subpart, and when RINs continue to accompany the
renewable fuel, the transferor must provide to the transferee documents
identifying the renewable fuel and assigned RINs which include all of
the following information as applicable:
    (1) The name and address of the transferor and transferee.
    (2) The transferor's and transferee's EPA company registration
number.
    (3) The transferor's and transferee's EPA facility registration
number.
    (4) The volume of renewable fuel that is being transferred.
    (5) The location of the renewable fuel at the time of transfer.
    (6) The date of the transfer.
    (7) The RINs assigned to the volume of renewable fuel that is being
transferred.
    (b) Except for transfers to truck carriers, retailers or wholesale
purchaser-consumers, product codes may be used to convey the
information required under paragraphs (a)(1) through (a)(4) of this
section if such codes are clearly understood by each transferee. The
RIN number required under paragraph (a)(7) of this section must always
appear in its entirety.

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

    (a) Renewable fuel production facilities located within the United
States that produce less than 10,000 gallons of renewable fuel each
year, and importers who import less than 10,000 gallons of renewable
fuel each year, are not required to generate RINs or to assign RINs to
batches of renewable fuel. Such producers and importers that do not
generate and/or assign RINs to batches of renewable fuel are exempt
from the following requirements of subpart K, except as stated in
paragraph (b) of this section:
    (1) The registration requirements of Sec.  80.1150:
    (2) The recordkeeping requirements of Sec.  80.1151; and
    (3) The reporting requirements of Sec.  80.1152.
    (b) Renewable fuel producers and importers who produce or import
less than 10,000 gallons of renewable fuel each year and that generate
and/or assign RINs to batches of renewable fuel are subject to the
provisions of Sec. Sec.  80.1150 through 80.1152.

Sec. Sec.  80.1155-80.1159  [Added and Reserved]

    14. Sections 80.1155 through 80.1159 are added and reserved.
    15. Sections 80.1160 through 80.1165 are added to read as follows:

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

    (a) Renewable fuels producer or importer violation. Except as
provided in Sec.  80.1154, no person shall produce or import a
renewable fuel that is not assigned the proper RIN value or identified
by a RIN number as required under Sec.  80.1126.
    (b) RIN generation and transfer violations. No person shall do any
of the following:
    (1) Improperly generate a RIN (i.e., generate a RIN for which the
applicable renewable fuel volume was not produced).
    (2) Transfer to any person an invalid RIN or a RIN that is not
properly identified as required under Sec.  80.1125.
    (c) RIN use violations. No person shall do any of the following:
    (1) Fail to acquire sufficient RINs, or use invalid RINs, to meet
the party's renewable fuel obligation under Sec.  80.1127.
    (2) Fail to acquire sufficient RINs to meet the party's renewable
fuel obligation under Sec.  80.1130.
    (d) Causing a violation. No person shall cause another person to
commit an act in violation of any prohibited act under this section.

Sec.  80.1161  Who is liable for violations under the RFS program?

    (a) Persons liable for violations of prohibited acts. (1) Any
person who violates a prohibition under Sec.  80.1160(a) through (c) is
liable for the violation of that prohibition.
    (2) Any person who causes another person to violate a prohibition
under Sec.  80.1160(a) through (c) is liable for a violation of Sec.
80.1160(d).
    (b) Persons liable for failure to meet other provisions of this
subpart.(1) Any person who fails to meet a requirement of any provision
of this subpart is liable for a violation of that provision.
    (2) Any person who causes another person to fail to meet a
requirement of any provision of this subpart is liable for causing a
violation of that provision.
    (c) Parent corporation liability. Any parent corporation is liable
for any violation of this subpart that is committed by any of its
subsidiaries.
    (d) Joint venture liability. Each partner to a joint venture is
jointly and severally liable for any violation of this subpart that is
committed by the joint venture operation.

Sec.  80.1162  [Reserved]

Sec.  80.1163  What penalties apply under the RFS program?

    (a) Any person who is liable for a violation under Sec.  80.1161 is
subject a to civil penalty of up to $32,500, as specified in sections
205 and 211(d) of the Clean Air Act, for every day of each such
violation and the amount of economic benefit or savings resulting from
each violation.

    (b) Any person liable under Sec.  80.1161(a) for a violation of
Sec.  80.1160(c) for failure to meet a renewable fuels obligation or
causing another party to fail to meet a renewable fuels obligation
during any averaging period, is subject to a separate day of violation
for each day in the averaging period.
    (c) Any person liable under Sec.  80.1161(b) for failure to meet,
or causing a failure to meet, a requirement of any provision of this
subpart is liable for a separate day of violation for each day such a
requirement remains unfulfilled.

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

    In addition to the requirements for attest engagements under
Sec. Sec.  80.125 through 80.133, and other applicable attest
engagement provisions, the following annual attest engagement
procedures are required under this subpart.
    (a) The following attest procedures shall be completed for any
obligated party as stated in Sec.  80.1106(b) or exporter of renewable
fuel that is subject to the renewable fuel standard under Sec.
80.1105:
    (1) Annual summary report. (i) Obtain and read a copy of the annual
summary report required under Sec.  80.1152(a)(1) which contains
information regarding:
    (A) The obligated party's volume of finished gasoline, reformulated
gasoline blendstock for oxygenate blending (RBOB), and conventional
gasoline blendstock that becomes finished conventional gasoline upon
the addition of oxygenate (CBOB) produced or imported during the
reporting year;
    (B) Renewable volume obligation (RVO); and
    (C) RINs used for compliance.
    (ii) Obtain documentation of any volumes of renewable fuel used in
gasoline during the reporting year; compute and report as a finding the
volumes of renewable fuel represented in these documents.
    (iii) Agree the volumes of gasoline reported to EPA in the report
required under Sec.  80.1152(a)(1) with the volumes, excluding any
renewable fuel volumes, contained in the inventory reconciliation
analysis under Sec.  80.133.
    (iv) Verify that the production volume information in the obligated
party's annual summary report required under Sec.  80.1152(a)(1) agrees
with the volume information, excluding any renewable fuel volumes,
contained in the inventory reconciliation analysis under Sec.  80.133.
    (v) Compute and report as a finding the obligated party's RVO, and
any deficit RVO carried over from the previous year or carried into the
subsequent year, and verify that the values agree with the values
reported to EPA.
    (vi) Obtain documentation for all RINs used for compliance during
the year being reviewed; compute and report as a finding the RIN
numbers and year of generation of RINs represented in these documents;
and agree with the report to EPA.
    (2) RIN transaction report. (i) Obtain and read a copy of the RIN
transaction report required under Sec.  80.1152(a)(2) which contains
information regarding RIN trading transactions.
    (ii) Obtain contracts or other documents for all RIN transactions
with another party during the year being reviewed; compute and report
as a finding the transaction types, transaction dates and RINs traded;
and agree with the report to EPA.
    (3) RIN activity report. (i) Obtain and read a copy of the RIN
activity report required under Sec.  80.1152(a)(3) which contains
information regarding RIN activity for the compliance year.
    (ii) Obtain documentation of all RINs acquired, used for compliance
(including current-year RINs used and previous-year RINs used)
transferred, sold, and expired during the year being reviewed; compute
and report as a finding the total RINs acquired, used for compliance,
transferred, sold, and expired as represented in these documents; and
agree with the report to EPA.
    (b) The following attest procedures shall be completed for any
renewable fuel producer:
    (1) Annual batch report. (i) Obtain and read a copy of the annual
batch report required under Sec.  80.1152(b)(1) which contains
information regarding renewable fuel batches.
    (ii) Obtain production data for each renewable fuel batch produced
during the year being reviewed; compute and report as a finding the RIN
numbers, production dates, types, volumes of denaturant and applicable
equivalence values, and production volumes for each batch; and agree
with the report to EPA.
    (iii) Verify that the proper number of RINs were generated for each
batch of renewable fuel produced, as required under Sec.  80.1126.
    (iv) Obtain product transfer documents for each renewable fuel
batch produced during the year being reviewed; report as a finding any
product transfer document that did not include the RIN for the batch.
    (2) RIN transaction report. (i) Obtain and read a copy of the RIN
transaction report required under Sec.  80.1152(b)(2) which contains
information regarding RIN trading transactions.
    (ii) Obtain contracts or other documents for all RIN transactions
with another party during the year being reviewed; compute and report
as a finding the transaction types, transaction dates, and the RINs
traded; and agree with the report to EPA.
    (3) RIN activity report. (i) Obtain and read a copy of the RIN
activity report required under Sec.  80.1152(b)(3) which contains
information regarding RIN activity for the compliance year.
    (ii) Obtain documentation of all RINs owned (including RINs created
and acquired), transferred, sold and expired during the year being
reviewed; compute and report as a finding the total RINs owned,
transferred, sold and expired as represented in these documents; and
agree with the report to EPA.
    (c) For each averaging period, each party subject to the attest
engagement requirements under this section shall cause the reports
required under this section to be submitted to EPA by May 31 of each
year.

Sec.  80.1165  What are the additional requirements under this subpart
for gasoline produced at foreign refineries?

    (a) Definitions. The following definitions apply for this section:
    (1) Foreign refinery is a refinery that is located outside the
United States, the Commonwealth of Puerto Rico, the U.S. Virgin
Islands, Guam, American Samoa, and the Commonwealth of the Northern
Mariana Islands (collectively referred to in this section as ``the
United States'').
    (2) Foreign refiner is a person that meets the definition of
refiner under Sec.  80.2(i) for a foreign refinery.
    (3) RFS-FRGAS is gasoline produced at a foreign refinery that has
received a small refinery exemption under Sec.  80.1141 or a small
refiner exemption under Sec.  80.1142 that is imported into the United
States.
    (4) Non-RFS-FRGAS is one of the following:
    (i) Gasoline produced at a foreign refinery that has received a
small refinery exemption under Sec.  80.1141 or a small refiner
exemption under Sec.  80.1142 that is not imported into the United
States.
    (ii) Gasoline produced at a foreign refinery that has not received
a small refinery exemption under Sec.  80.1141 or small refiner
exemption under Sec.  80.1142.
    (b) General requirements for RFS-FRGAS foreign small refiners. (1)
A foreign refiner that has a small refinery exemption under Sec.
80.1141 or a small

refiner exemption under Sec.  80.1142 must designate, at the time of
production, each batch of gasoline produced at the foreign refinery
that is exported for use in the United States as RFS-FRGAS; and
    (2) Meet all requirements that apply to refiners who have received
a small refinery or small refiner exemption under this subpart.
    (c) Designation, foreign refiner certification, and product
transfer documents. (1) Any foreign refiner that has received a small
refinery exemption under Sec.  80.1141 or a small refiner exemption
under Sec.  80.1142 must designate each batch of RFS-FRGAS as such at
the time the gasoline is produced.
    (2) On each occasion when RFS-FRGAS is loaded onto a vessel or
other transportation mode for transport to the United States, the
foreign refiner shall prepare a certification for each batch of RFS-
FRGAS that meets the following requirements:
    (i) The certification shall include the report of the independent
third party under paragraph (d) of this section, and the following
additional information:
    (A) The name and EPA registration number of the refinery that
produced the RFS-FRGAS;
    (B) [Reserved]
    (ii) The identification of the gasoline as RFS-FRGAS; and,
    (iii) The volume of RFS-FRGAS being transported, in gallons.
    (3) On each occasion when any person transfers custody or title to
any RFS-FRGAS prior to its being imported into the United States, it
must include the following information as part of the product transfer
document information:
    (i) Designation of the gasoline as RFS-FRGAS; and
    (ii) The certification required under paragraph (c)(2) of this
section.
    (d) Load port independent testing and refinery identification. (1)
On each occasion that RFS-FRGAS is loaded onto a vessel for transport
to the United States the small foreign refiner shall have an
independent third party:
    (i) Inspect the vessel prior to loading and determine the volume of
any tank bottoms;
    (ii) Determine the volume of RFS-FRGAS loaded onto the vessel
(exclusive of any tank bottoms before loading);
    (iii) Obtain the EPA-assigned registration number of the foreign
refinery;
    (iv) Determine the name and country of registration of the vessel
used to transport the RFS-FRGAS to the United States;
    (v) Determine the date and time the vessel departs the port serving
the foreign refinery; and
    (vi) Review original documents that reflect movement and storage of
the RFS-FRGAS from the foreign refinery to the load port, and from this
review determine:
    (A) The refinery at which the RFS-FRGAS was produced; and
    (B) That the RFS-FRGAS remained segregated from Non-RFS-FRGAS and
other RFS-FRGAS produced at a different refinery.
    (2) The independent third party shall submit a report to:
    (i) The foreign small refiner containing the information required
under paragraph (d)(1) of this section, to accompany the product
transfer documents for the vessel; and
    (ii) The Administrator containing the information required under
paragraph (d)(1) of this section, within thirty days following the date
of the independent third party's inspection. This report shall include
a description of the method used to determine the identity of the
refinery at which the gasoline was produced, assurance that the
gasoline remained segregated as specified in paragraph (i)(1) of this
section, and a description of the gasoline's movement and storage
between production at the source refinery and vessel loading.
    (3) The independent third party must:
    (i) Be approved in advance by EPA, based on a demonstration of
ability to perform the procedures required in this paragraph (d);
    (ii) Be independent under the criteria specified in Sec.
80.65(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
small foreign refiner and any United States importer of RFS-FRGAS shall
compare the results from the load port testing under paragraph (d) of
this section, with the port of entry testing as reported under
paragraph (j) of this section, for the volume of gasoline, except as
specified in paragraph (e)(1)(ii) of this section.
    (ii) Where a vessel transporting RFS-FRGAS off loads this gasoline
at more than one United States port of entry, the requirements of
paragraph (e)(1)(i) of this section do not apply at subsequent ports of
entry if the United States importer obtains a certification from the
vessel owner that the requirements of paragraph (e)(1)(i) of this
section were met and that the vessel has not loaded any gasoline or
blendstock between the first United States port of entry and the
subsequent port of entry.
    (2) If the temperature-corrected volumes determined at the port of
entry and at the load port differ by more than one percent, the United
States importer shall include the volume of gasoline from the
importer's RFS compliance calculations.
    (f) Foreign refiner commitments. Any small foreign refiner shall
commit to and comply with the provisions contained in this paragraph
(f) as a condition to being approved for a small refinery or small
refiner exemption under this subpart.
    (1) Any United States Environmental Protection Agency inspector or
auditor must be given full, complete and immediate access to conduct
inspections and audits of the foreign refinery.
    (i) Inspections and audits may be either announced in advance by
EPA, or unannounced.
    (ii) Access will be provided to any location where:
    (A) Gasoline is produced;
    (B) Documents related to refinery operations are kept; and
    (C) RFS-FRGAS is stored or transported between the foreign refinery
and the United States, including storage tanks, vessels and pipelines.
    (iii) Inspections and audits may be by EPA employees or contractors
to EPA.
    (iv) Any documents requested that are related to matters covered by
inspections and audits must be provided to an EPA inspector or auditor
on request.
    (v) Inspections and audits by EPA may include review and copying of
any documents related to:
    (A) The volume of RFS-FRGAS;
    (B) The proper classification of gasoline as being RFS-FRGAS or as
not being RFS-FRGAS;
    (C) Transfers of title or custody to RFS-FRGAS;
    (D) Testing of RFS-FRGAS; and
    (E) Work performed and reports prepared by independent third
parties and by independent auditors under the requirements of this
section, including work papers.
    (vi) Inspections and audits by EPA may include interviewing
employees.
    (vii) Any employee of the foreign refiner must be made available
for interview by the EPA inspector or auditor, on request, within a
reasonable time period.
    (viii) English language translations of any documents must be
provided to an EPA inspector or auditor, on request, within 10 working
days.
    (ix) English language interpreters must be provided to accompany
EPA inspectors and auditors, on request.

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

Bond = G * $ 0.01

Where:

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

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

importer shall have an independent third party:
    (i) Determine the volume of gasoline in the vessel;
    (ii) Use the foreign refiner's RFS-FRGAS certification to determine
the name and EPA-assigned registration number of the foreign refinery
that produced the RFS-FRGAS;
    (iii) Determine the name and country of registration of the vessel
used to transport the RFS-FRGAS to the United States; and
    (iv) Determine the date and time the vessel arrives at the United
States port of entry.
    (4) Any importer shall submit reports within 30 days following the
date any vessel transporting RFS-FRGAS arrives at the United States
port of entry to:
    (i) The Administrator containing the information determined under
paragraph (k)(3) of this section; and
    (ii) The foreign refiner containing the information determined
under paragraph (k)(3)(i) of this section, and including identification
of the port at which the product was off loaded.
    (5) Any United States importer shall meet all other requirements of
this subpart for any imported gasoline that is not classified as RFS-
FRGAS under paragraph (k)(2) of this section.
    (l) Truck imports of RFS-FRGAS produced at a foreign refinery. (1)
Any refiner whose RFS-FRGAS is transported into the United States by
truck may petition EPA to use alternative procedures to meet 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; and
    (iii) Importer testing under paragraph (k)(3) of this section.
    (2) These alternative procedures must ensure RFS-FRGAS remains
segregated from Non-RFS-FRGAS until it is imported into the United
States. The petition will be evaluated based on whether it adequately
addresses the following:
    (i) Provisions for monitoring pipeline shipments, if applicable,
from the refinery, that ensure segregation of RFS-FRGAS from that
refinery from all other gasoline.
    (ii) Contracts with any terminals and/or pipelines that receive
and/or transport RFS-FRGAS that prohibit the commingling of RFS-FRGAS
with Non-RFS-FRGAS or RFS-FRGAS from other foreign refineries.
    (iii) Attest procedures to be conducted annually by an independent
third party that review loading records and import documents based on
volume reconciliation, or other criteria, to confirm that all RFS-FRGAS
remains segregated throughout the distribution system.
    (3) The petition required by this section must be submitted to EPA
along with the application for a small refinery or small refiner
exemption under this subpart.
    (m) Additional attest requirements for importers of RFS-FRGAS.
Importers of RFS-FRGAS, for each annual compliance period, must arrange
to have an attest engagement performed of the underlying documentation
that forms the basis of any report or document required under this
subpart. The attest engagement must comply with the procedures and
requirements that apply to importers under Sec. Sec.  80.125 through
80.130, and other applicable attest engagement provisions, and must be
submitted to the Administrator of EPA by August 31 of each year for the
prior annual compliance period. The following additional procedures
shall be carried out for any importer of RFS-FRGAS.
    (1) Obtain listings of all tenders of RFS-FRGAS. Agree the total
volume of tenders from the listings to the gasoline inventory
reconciliation analysis in Sec.  80.128(b), and to the volumes
determined by the third party under paragraph (d) of this section.
    (2) For each tender under paragraph (m)(1) of this section, where
the gasoline is loaded onto a marine vessel, report as a finding the
name and country of registration of each vessel, and the volumes of
RFS-FRGAS loaded onto each vessel.
    (3) Select a sample from the list of vessels identified in
paragraph (m)(2) of this section used to transport RFS-FRGAS, in
accordance with the guidelines in Sec.  80.127, and for each vessel
selected perform the following:
    (i) Obtain the report of the independent third party, under
paragraph (d) of this section, 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 gasoline volume.
    (B) Identify, and report as a finding, each occasion the load port
and port of entry volume results differ by more than the amount allowed
in paragraph (e) of this section, and determine whether the foreign
refiner adjusted its refinery calculations as required in paragraph (e)
of this section.
    (ii) Obtain the documents used by the independent third party to
determine transportation and storage of the RFS-FRGAS from the refinery
to the load port, under paragraph (d) of this section. Obtain tank
activity records for any storage tank where the RFS-FRGAS is stored,
and pipeline activity records for any pipeline used to transport the
RFS-FRGAS prior to being loaded onto the vessel. Use these records to
determine whether the RFS-FRGAS was produced at the refinery that is
the subject of the attest engagement, and whether the RFS-FRGAS was
mixed with any Non-RFS-FRGAS or any RFS-FRGAS produced at a different
refinery.
    (4) Select a sample from the list of vessels identified in
paragraph (m)(2) of this section used to transport RFS-FRGAS, in
accordance with the guidelines in Sec.  80.127, and for each vessel
selected perform the following:
    (i) Obtain a commercial document of general circulation that lists
vessel arrivals and departures, and that includes the port and date of
departure of the vessel, and the port of entry and date of arrival of
the vessel.
    (ii) Agree the vessel's departure and arrival locations and dates
from the independent third party and United States importer reports to
the information contained in the commercial document.
    (5) Obtain separate listings of all tenders of RFS-FRGAS, and
perform the following:
    (i) Agree the volume of tenders from the listings to the gasoline
inventory reconciliation analysis in Sec.  80.128(b).
    (ii) Obtain a separate listing of the tenders under this paragraph
(m)(5) where the gasoline is loaded onto a marine vessel. Select a
sample from this listing in accordance with the guidelines in Sec.
80.127, and obtain a commercial document of general circulation that
lists vessel arrivals and departures, and that includes the port and
date of departure and the ports and dates where the gasoline was off
loaded for the selected vessels. Determine and report as a finding the
country where the gasoline was off loaded for each vessel selected.
    (6) In order to complete the requirements of this paragraph (m) an
auditor shall:
    (i) Be independent of the foreign refiner or importer;
    (ii) Be licensed as a Certified Public Accountant in the United
States and a citizen of the United States, or be approved in advance by
EPA based on a demonstration of ability to perform the procedures
required in Sec. Sec.  80.125 through 80.130 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 80.130 and this
paragraph (m).
    (n) Withdrawal or suspension of foreign refiner status. EPA may
withdraw or suspend a foreign refiner's small refinery or small refiner
exemption where--
    (1) A foreign refiner fails to meet any requirement of this
section;
    (2) A foreign government fails to allow EPA inspections as provided
in paragraph (f)(1) of this section;
    (3) A foreign refiner asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in this
subpart; or
    (4) A foreign refiner fails to pay a civil or criminal penalty that
is not satisfied using the foreign refiner bond specified in paragraph
(g) of this section.
    (o) Additional requirements for applications, reports and
certificates. Any application for a small refinery or small refiner
exemption, alternative procedures under paragraph (l) of this section,
any report, certification, or other submission required under this
section shall be--
    (1) Submitted in accordance with procedures specified by the
Administrator, including use of any forms that may be specified by the
Administrator.
    (2) Be signed by the president or owner of the foreign refiner
company, or by that person's immediate designee, and shall contain the
following declaration: ``I hereby certify: (1) That I have actual
authority to sign on behalf of and to bind [NAME OF FOREIGN REFINER]
with regard to all statements contained herein; (2) that I am aware
that the information contained herein is being Certified, or submitted
to the United States Environmental Protection Agency, under the
requirements of 40 CFR part 80, subpart K, and that the information is
material for determining compliance under these regulations; and (3)
that I have read and understand the information being Certified or
submitted, and this information is true, complete and correct to the
best of my knowledge and belief after I have taken reasonable and
appropriate steps to verify the accuracy thereof. I affirm that I have
read and understand the provisions of 40 CFR part 80, subpart K,
including 40 CFR 80.1165 apply to [NAME OF FOREIGN REFINER]. Pursuant
to Clean Air Act section 113(c) and 18 U.S.C. 1001, the penalty for
furnishing false, incomplete or misleading information in this
certification or submission is a fine of up to $10,000 U.S., and/or
imprisonment for up to five years.''

 [FR Doc. 06-7887 Filed 9-21-06; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Notices]
[Pages 36651-36652]
[FR Doc No: 2016-13376]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2006-26367]

Motor Carrier Safety Advisory Committee (MCSAC); Public Meeting

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of advisory committee meeting.

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

SUMMARY: FMCSA announces that its MCSAC will meet on Tuesday and
Wednesday, June 14-15, 2016, to provide recommendations to the Agency
concerning implementation of section 5203 of the Fixing America's
Surface Transportation Act (FAST Act) to: (1) Prioritize regulatory
guidance that should be incorporated into the safety regulations to
promote clear, consistent, and enforceable rules; (2) identify
regulatory guidance that appears to be inconsistent with the intent of
the safety regulations or makes enforcement of key safety requirements
difficult; and (3) identify guidance that should remain in place. The
meeting is open to the public and there will be a period of time at the
end of each day for the public to submit oral comments.

DATES: The meeting will be held Tuesday-Wednesday, June 14-15, 2016,
from 9:15 a.m. to 4:30 p.m., Eastern Daylight Time (EDT), at the Westin
Washington, DC City Center, 1400 M Street NW., Washington, DC 20005.
Members of the public may submit written comments on the topics to be
considered during the meeting by Thursday, June 9, 2016, to Federal
Docket Management System (FDMC) Docket Number FMCSA-2006-26367 using
any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax:<PHONE_NUMBER>.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue SE., West Building, Room W12-
140, Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, 1200 New
Jersey Avenue SE., Room W12-140, Washington, DC between 9 a.m. and 5
p.m., E.D.T. Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Ms. Shannon L. Watson, Senior Advisor
to the Associate Administrator for Policy, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590,<PHONE_NUMBER><EMAIL_ADDRESS>    Services for Individuals with Disabilities: For information on
facilities or services for individuals with disabilities or to request
special assistance at the meeting, contact Mr. Eran Segev at (617) 494-
3174 or<EMAIL_ADDRESS>by Thursday, June 9, 2016.

SUPPLEMENTARY INFORMATION:

I. Background

MCSAC

    MCSAC was established to provide FMCSA with advice and
recommendations on motor carrier safety programs and motor carrier
safety regulations. MCSAC is composed of 20 voting representatives from
safety

advocacy, safety enforcement, labor, and industry stakeholders of motor
carrier safety. The diversity of the Committee ensures the requisite
range of views and expertise necessary to discharge its
responsibilities. The Committee operates as a discretionary committee
under the authority of the U.S. Department of Transportation (DOT),
established in accordance with the provisions of the Federal Advisory
Committee Act, as amended, 5 U.S.C. App. 2. See FMCSA's MCSAC Web site
for additional information about the Committee's activities at http://mcsac.fmcsa.dot.gov/.

Task 16-01: Review of Regulatory Guidance

    FMCSA has tasked MCSAC with providing recommendations to the Agency
concerning implementation of section 5203 of the FAST Act to: (1)
Prioritize regulatory guidance that should be incorporated into the
safety regulations to promote clear, consistent, and enforceable rules;
(2) identify regulatory guidance that appears to be inconsistent with
the intent of the safety regulations or makes enforcement of key safety
requirements difficult; and (3) identify guidance that should remain in
place.
    Currently, FMCSA's Web site provides interpretive guidance material
for the Federal Motor Carrier Safety Regulations (FMCSRs). The guidance
is presented in question and answer form for each part of the FMCSRs. A
significant percentage of the guidance was published by the Federal
Highway Administration on November 17, 1993 (58 FR 60734), with an
updated publication on April 4, 1997 (62 FR 16370). Since 1997, FMCSA
has issued new guidance documents periodically, revised guidance, or
rescinded guidance based on changes to the FMCSRs. The Agency has not
undertaken a comprehensive review of the full set of its regulatory
guidance since the 1997 publication.
    Section 5203 of the FAST Act provides new requirements for FMCSA's
management of guidance documents. A ``guidance document'' is defined
for purposes of section 5203 as a ``document . . . that (1) provides
and interpretation of a regulation of the Administration; or [sic] (2)
includes an enforcement policy of the Administration available to the
public.'' Not later than December 4, 2016, the Administrator must
conduct an initial review of all FMCSA guidance documents in effect on
December 4, 2015, to ensure that the documents are current, readily
accessible to the public, and meet the standards of section
5203(c)(1)(A)-(C) (consistent and clear; uniformly and consistently
enforced; and still necessary). Sec.  5203(b).
    The Agency requests that the MCSAC consider the set of regulatory
guidance for each part of the FMCSRs and determine which sets of
guidance should be prioritized for review. The MCSAC should conduct of
review of the regulatory guidance for those sets to identify regulatory
guidance that should be (1) incorporated into the safety regulations to
promote clear, consistent and enforceable rules; (2) eliminated because
it appears to be inconsistent with the intent of the safety regulations
or makes enforcement of key safety requirements difficult; or (3)
retained because it is more appropriate as guidance rather than
regulatory text. Copies of the MCSAC Task Statement and an agenda for
the entire meeting will be made available in advance of the meeting at
https://www.fmcsa.dot.gov/advisory-committees/mcsac/welcome-fmcsa-mcsac.

II. Meeting Participation

    Oral comments from the public will be heard during the last half-
hour of the meetings each day. Should all public comments be exhausted
prior to the end of the specified period, the comment period will
close.

    Issued on: May 31, 2016.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2016-13376 Filed 6-6-16; 8:45 am]
BILLING CODE 4910-EX-P