[Federal Register: February 27, 2006 (Volume 71, Number 38)]
[Rules and Regulations]
[Page 9695-9698]
[DOCID:fr27fe06-5]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Part 35

[Docket No. RM06-13-000; Order No. 674]

Conditions for Public Utility Market-Based Rate Authorization
Holders

Issued February 16, 2006.
AGENCY: Federal Energy Regulatory Commission.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is
amending its regulations to include certain rules governing the conduct
of entities authorized to make sales of electricity and related
products under market-based rate authorizations. This amendment is a
codification of certain rules that were formerly incorporated in
market-based rate sellers' tariffs.

EFFECTIVE DATE: The rule will become effective March 29, 2006.

FOR FURTHER INFORMATION CONTACT:

Mark D. Higgins, Office of the Market Oversight and Investigations,
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426,<PHONE_NUMBER><EMAIL_ADDRESS>Frank Karabetsos, Office of General Counsel, Federal Energy Regulatory
Commission, 888 First Street, NE., Washington, DC 20426, (202) 502-
8133<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Before Commissioners: Joseph T. Kelliher,
Chairman; Nora Mead Brownell, and Suedeen G. Kelly.

I. Introduction

    1. The Federal Energy Regulatory Commission (Commission) is
amending 18 CFR part 35 to codify Market Behavior Rules 1, 3, 4, and 5,
rules that previously have been incorporated in market-based rate
sellers' tariffs. By this order, the Commission is not substantively
changing Market Behavior Rules 1, 3, 4, and 5, but merely relocating
them to the Code of Federal Regulations.
    2. The Commission is issuing this order as a Final Rule without a
period for further public comment or a delay in the effective date.
Under 5 U.S.C. 553(b), notice and comment procedures are unnecessary
when the agency for good cause finds that notice and public procedure
thereon is unnecessary.
    3. This Final Rule makes no substantive changes in existing
regulatory requirements, and, as such, it will not change the effect
these regulatory provisions have on regulated entities or the general
public. Moreover, the Market Behavior Rules were subject to notice and
comment in June 2003 \1\ and again in November 2005.\2\ Additional
notice and comment is unnecessary because this Final Rule is
procedural, that is, it merely transplants Market Behavior Rules 1, 3,
4, and 5 from sellers' market-based rate tariffs to the Commission's
regulations. This Final Rule does not make any substantive change in
scope or application of the Market Behavior Rules 1, 3, 4 or 5, and it
does not impose any new burden or regulatory requirement on market-
based rate sellers. Based on the foregoing, the Commission has good
cause to find that notice and comment procedures are unnecessary in
this rulemaking.
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    \1\ Investigation of Terms and Conditions of Public Utility
Market-Based Rate Authorizations, ``Order Seeking Comments on
Proposed Revisions to Market-Based Rate Tariffs and
Authorizations,'' 103 FERC ] 61,349 (2003).
    \2\ Investigation of Terms and Conditions of Public Utility
Market-Based Rate Authorizations, ``Order Proposing Revisions to
Market-Based Rate Tariffs and Authorizations,'' 113 FERC ] 61,190
(2005).
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II. Background

    4. On November 17, 2003, acting pursuant to section 206 of the FPA,
the Commission amended all market-based rate tariffs and authorizations
to include the Market Behavior Rules.\3\ The Commission determined that
sellers' market-based rate tariffs and authorizations to make sales at
market rates would be unjust and unreasonable unless they included
clearly-delineated rules governing market participant conduct, and that
the Market Behavior Rules fairly apprised market participants of their
obligations in competitive power markets and were just and
reasonable.\4\
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    \3\ Investigation of Terms and Conditions of Public Utility
Market-Based Rate Authorizations, 105 FERC ] 61,218 (2003), reh'g
denied, 107 FERC ] 61,175 (2004) (Market Behavior Rules Order). The
Market Behavior Rules are currently on appeal. See Cinergy Marketing
& Trading, L.P. v. FERC, Nos. 04-1168 et al. (D.C. Cir., filed April
28, 2004).
    \4\ Market Behavior Rules Order, 105 FERC ] 61,218 at P 3 and
158-74.
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    5. Market Behavior Rule 1 requires sellers to follow Commission-
approved rules and regulations in organized power markets. These rules
and regulations are part of the ISO or RTO tariffs, and sellers'
agreements to operate within ISOs and RTOs bind them to follow the
applicable rules and regulations of the organized market.
    6. Market Behavior Rule 2 prohibits ``actions or transactions that
are without a legitimate business purpose and that are intended to or
foreseeably could

manipulate market prices, market conditions, or market rules for
electric energy or electricity products.'' Actions or transactions
explicitly contemplated in Commission-approved rules and regulations of
an organized market, or undertaken by a market-based rate seller at the
direction of an ISO or RTO, however, are not violations of Market
Behavior Rule 2. In addition, Market Behavior Rule 2 prohibits certain
specific behavior: Rule 2(a) prohibits wash trades; Rule 2(b) prohibits
transactions predicated on submitting false information; Rule 2(c)
prohibits the creation and relief of artificial congestion; and Rule
2(d) prohibits collusion for the purpose of market manipulation.
    7. Market Behavior Rule 3 requires sellers to provide accurate and
factual information, and not to submit false or misleading information
or to omit material information, in any communication with the
Commission, market monitors, ISOs, RTOs, or jurisdictional transmission
providers.
    8. Market Behavior Rule 4 deals with reporting of transaction
information to price index publishers. It requires that if a seller
reports transaction data, the data be accurate and factual, and not
knowingly false or misleading, and be reported in accordance with the
Commission's Price Index Policy Statement.\5\ Rule 4 also requires that
sellers notify the Commission of whether they report transaction data
to price index publishers in accordance with the Price Index Policy
Statement, and to update any changes in their reporting status.
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    \5\ Price Index Policy Statement, 104 FERC ] 61,121 (2003).
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    9. Market Behavior Rule 5 requires that sellers retain for a
minimum three-year period all data and information upon which they
billed the prices charged for electricity and related products in sales
made under their market-based rate tariffs and authorizations or in
transactions the prices of which were reported to price index
publishers.
    10. Finally, Market Behavior Rule 6 directs sellers not to violate,
or to collude with others in actions that violate, sellers' market-
based rate codes of conduct or the Standards of Conduct under part 358
of our regulations.\6\
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    \6\ 18 CFR part 358 (2005).
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    11. On November 21, 2005, the Commission proposed to rescind the
Market Behavior Rules in light of the proposed rule to implement the
anti-manipulation provisions of the Energy Policy Act of 2005 (EPAct
2005).\7\ We noted that the central purpose of the Market Behavior
Rules, as reflected in Market Behavior Rule 2, was to prohibit market
manipulation and that, with the enactment of statutory authority to bar
such manipulation, the Market Behavior Rules could be rescinded upon
the effectiveness of the new anti-manipulation rules.\8\ This would
simplify the Commission's rules and provide greater clarity to the
industry by avoiding duplicative or overlapping requirements, yet
retain important rules governing market behavior. We noted, however,
that certain provisions of the other Market Behavior Rules should be
incorporated into rules of general applicability.\9\ On January 19,
2006, we issued a Final Rule adopting, with minor revisions, the
proposed anti-manipulation rule.\10\ The new anti-manipulation rules
became effective January 26, 2006.
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    \7\ Investigation of Terms and Conditions of Public Utility
Market-Based Rate Authorizations, 113 FERC ] 61,190 (2005); EPAct
2005 sections 261 et seq., Pub. L. No. 109-58, 199 Stat. 594 (2005).
    \8\ Investigation of Terms and Conditions of Public Utility
Market-Based Rate Authorizations, 113 FERC ] 61,190 at P 1 and 14.
    \9\ Id. at P 20-22.
    \10\ Prohibition of Energy Market Manipulation, Order No. 670,
71 FR 4244 (Jan. 26, 2006), FERC Stats. & Regs. ] 31,202, 114 FERC ]
61,047 (Jan. 19, 2006) (Order No. 670).
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III. Discussion

    12. Concurrently with the issuance of this Final Rule, the
Commission is issuing an order in Docket No. EL06-16-000 which rescinds
Market Behavior Rules 2 and 6 from sellers' market-based rate
tariffs.\11\ As explained in the Market Behavior Rules Rescission
Order, the anti-manipulation rule adopted in Order No. 670 makes it
unnecessary to retain Market Behavior Rules 2 or 6. Also, as noted in
the Market Behavior Rules Rescission Order, there is benefit to
incorporating the substance of the other Market Behavior Rules into the
Commission's regulations, and that codification is made herein.
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    \11\ Investigation of Terms and Conditions of Public Utility
Market-Based Rate Authorizations, ``Order Revising Market-Based Rate
Tariffs and Authorizations,'' Docket No. EL06-16-000, issued
February 16, 2006 (Market Behavior Rules Rescission Order).
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    13. Market Behavior Rule 1 is applicable in organized RTO or ISO
markets. While it is essentially a restatement of existing obligations
that are in the tariffs of the RTOs and ISOs, applicable to market
participants through their participant agreements, there is value to
reinforcing the obligation to operate in accordance with Commission-
approved rules and regulations by placing this expectation in the
Commission's regulations.
    14. Market Behavior Rule 3 requires accurate and factual
communications with the Commission, Commission-approved market
monitors, Commission-approved RTOs and ISOs, or jurisdictional
transmission providers. As commenters in Docket No. EL06-16-000 point
out, this rule is somewhat different from the new anti-manipulation
rule, as it applies to all communications, not just those that are
material in furtherance of a fraudulent or deceptive scheme.
Accordingly, the substance of Market Behavior Rule 3 can be
incorporated into the Commission regulations without duplicating or
causing undue confusion with respect to the new anti-manipulation rule.
    15. Market Behavior Rule 4 requires sellers to provide accurate
data to price index publishers, if the seller is reporting transactions
to such publishers, and includes a requirement that sellers notify the
Commission of their price reporting status and of any changes in that
status. While a deliberate false report would be a violation of the new
anti-manipulation rule, there is no confusion in stating this as part
of the Commission's regulations and in reinforcing the importance of
the Price Index Policy Statement. The second aspect of Market Behavior
Rule 4, notification to the Commission of the market participant's
price reporting status and of any changes in that status, is not
otherwise provided for; thus, we incorporate it here in new part 35 of
our regulations. This is a simple and non-burdensome way for the
Commission to be informed of the prevalence of price reporting to price
index developers. Codification of Market Behavior Rule 4 does not
increase the burden of, or requirements for, notification in any way,
because any market-based rate seller that provided a notification upon
promulgation of the Market Behavior Rules in November 2003 (or
thereafter) need not notify the Commission again upon the effective
date of this Final Rule. Only sellers who have not previously provided
a notification of their price reporting status, and sellers who have a
change in their reporting status, are required to notify the
Commission.
    16. Market Behavior Rule 5 requires sellers to maintain certain
records for a period of three years to reconstruct prices charged for
electricity and related products. This is different from the record
retention requirements in part 125 of our regulations, which largely
are related to cost-of-service rate requirements.\12\ In order to avoid
potential confusion over the extent of this retention requirement, we
are incorporating the record retention

requirement in part 35 of our regulations. Market Behavior Rule 5's
record retention requirement was adopted alongside Market Behavior Rule
2 to permit the Commission and interested entities to better monitor
market-based rate sales and to allow the Commission sufficient time for
the investigations into possible violations of the Market Behavior
Rules. For the same reasons, we think the record retention requirement
of Market Behavior Rule 5 is a necessary companion to the new anti-
manipulation regulations, which supplanted Market Behavior Rule 2 as
the Commission's prohibition of market manipulation.\13\
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    \12\ 18 CFR part 125 (2005).
    \13\ When the Commission seeks to impose civil penalties for a
violation of the new anti-manipulation rule, a five-year statute of
limitations applies. Order No. 670, 114 FERC ] 61,047 at P 62-3.
This underscores the importance of the record retention requirement.
Moreover, in the Market Behavior Rules Rescission Order issued
contemporaneously herewith, we propose to extend the record
retention period to five years to match this statute of limitations.
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IV. Regulatory Flexibility Act Certification

    17. The Regulatory Flexibility Act of 1980\14\ generally requires a
description and analysis of final rules that will have significant
economic impact on a substantial number of small entities.\15\ The
Commission is not required to make such analyses if a rule would not
have such an effect. The Commission concludes that this Final Rule
would not have such an impact on small entities because this Final Rule
is merely a procedural codification of rules presently in market-rate
based sellers' tariffs. The Final Rule continues to apply only to
market-based rate sellers; the content and scope of application of the
rules remains unchanged. Therefore, no regulatory flexibility analysis
is required. As such, the Commission certifies that this Final Rule
will not have a significant economic impact on a substantial number of
small entities.
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    \14\ 5 U.S.C. 601-612 (2000).
    \15\ The RFA definition of ``small entity'' refers to the
definition provided in the Small Business Act, which defines a
``small business concern'' as a business which is independently
owned and operated and which is not dominant in its field of
operation. 15 U.S.C. 632 (2000). The Small Business Size Standards
component of the North American Industry Classification System
defines a small electric utility as one that, including its
affiliates, is primarily engaged in the generation, transmission,
and/or distribution of electric energy for sale and whose total
electric output for the preceding fiscal years did not exceed 4
million MWh. 13 CFR 121.201 (Section 22, Utilities, North American
Industry Classification System, NAICS) (2004).
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V. Information Collection Statement

    18. Office of Management and Budget (OMB) regulations require OMB
to approve certain information collection requirements imposed by
agency rule.\16\ This Final Rule contains no new or modified
information collections, and OMB reviewed the information collections
when the Market Behavior Rules were promulgated in November 2003.\17\
Therefore, OMB review of this Final Rule is not required.
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    \16\ 5 CFR 1320.12.
    \17\ Investigation of Terms and Conditions of Public Utility
Market-Based Rate Authorizations, 105 FERC ] 61,218 (2003) at P 187-
92.
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VI. Environmental Analysis

    19. The Commission is required to prepare an Environmental
Assessment or an Environmental Impact Statement for any action that may
have a significant adverse effect on the human environment.\18\ The
Commission has categorically excluded certain actions from this
requirement as not having a significant effect on the human
environment. Included in the exclusion are rules that are clarifying,
corrective, or procedural or that do not substantially change the
effect of the regulations being amended.\19\ This rule is procedural in
nature and therefore falls under this exception; consequently, no
environmental consideration is necessary.
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    \18\ Regulations Implementing the National Environmental Policy
Act, Order No. 486, 52 FR 47897 (1987), FERC Stats. & Regs. ] 30,783
(1987).
    \19\ 18 CFR 380.4(a)(2)(ii) (2005).
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VII. Document Availability

    20. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
Internet through the Commission's Home Page (http://www.ferc.gov) and

in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5 p.m. eastern time) at 888 First Street, NE., Room 2A,
Washington, DC 20426.
    21. From the Commission's Home Page on the Internet, this
information is available in the eLibrary. The full text of this
document is available on eLibrary both in PDF and Microsoft Word format
for viewing, printing,
and/or downloading. To access this document in eLibrary, type the
docket number excluding the last three digits of this document in the
docket number field.
    22. User assistance is available for eLibrary and the Commission's
Web site during normal business hours. For assistance, please contact
Online Support at 1-866-208-3676 (toll free) or<PHONE_NUMBER> (e-mail at
FERCOnlineSupport@FERC.gov), or the Public Reference Room at 202-502-

8371, TTY<PHONE_NUMBER> (e-mail at public.referenceroom@ferc.gov).

VIII. Effective Date and Congressional Notification

    23. These regulations are effective February 27, 2006. The
Commission has determined, pursuant to 5 U.S.C. 553(d), that a delayed
effective date for this Final Rule is unnecessary. The Commission finds
that notice and public procedure are unnecessary for the following
three reasons. First, the regulations at issue have already been
noticed and commented upon extensively. When the Market Behavior Rules
were first proposed in June 2003, 69 parties filed comments, and when
the Commission issued a Notice of Proposed Rulemaking in November 2005
seeking comment on whether the Market Behavior Rules should be
rescinded, 21 comments and 4 reply comments were filed with the
Commission.\20\ Second, codification of Market Behavior Rules 1, 3, 4
and 5 presents no substantive change in regulation. The Market Behavior
Rules are simply being moved from sellers' tariffs to Commission
regulations. The scope and application of the rules, particularly the
universe of entities to which the rules apply, remain unchanged
rendering their transfer to the Commission's regulations merely
procedural. Third, no new burden or regulatory requirement is imposed
upon regulated entities or the general public by codification of Market
Behavior Rules 1, 3, 4, and 5. For instance, entities that previously
filed notifications with the Commission pursuant to Market Behavior
Rule 4 (new section 35.37(c)) need not notify the Commission again
under this Final Rule. Therefore, based on the foregoing reasons and
because there is no change in the rights and obligations of the parties
impacted, the Commission finds good cause for waiving the customary 30-
day notice period before the effective date of this Final Rule.
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    \20\ See Investigation of Terms and Conditions of Public Utility
Market-Based Rate Authorizations, 103 FERC ] 61,349 (2003);
Investigation of Terms and Conditions of Public Utility Market-Based
Rate Authorizations, 113 FERC ] 61,190 (2005).
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List of Subjects in 18 CFR Part 35

    Electric power rates, Electric utilities, Reporting and
recordkeeping requirements and Uniform System of Accounts.

    By the Commission.
Magalie R. Salas,
Secretary.

0
In consideration of the foregoing, the Commission amends part 35,
Chapter I, Title 18, Code of Federal Regulations, as follows.

PART 35--FILING OF RATE SCHEDULES AND TARIFFS

0
1. The authority citation for part 35 continues to read as follows:

    Authority: 16 U.S.C. 791a-825r, 2601-2645; 31 U.S.C. 9701; 42
U.S.C. 7101-7352.

0
2. Subpart H is added to read as follows:

Subpart H--Wholesale Sales of Electric Energy at Market-Based Rates

Sec.
35.36 Generally.
35.37 Market behavior rules.

Sec.  35.36  Generally.

    (a) For purposes of this subpart, seller means any person that has
authorization to engage in sales for resale of electric energy at
market-based rates under section 205 of the Federal Power Act.
    (b) The provisions of this subpart apply to all sellers authorized
to make sales for resale of electric energy at market-based rates,
unless otherwise ordered by the Commission.

Sec.  35.37  Market behavior rules.

    (a) Unit operation. Where a seller participates in a Commission-
approved organized market, seller will operate and schedule generating
facilities, undertake maintenance, declare outages, and commit or
otherwise bid supply in a manner that complies with the Commission-
approved rules and regulations of the applicable power market. Seller
is not required to bid or supply electric energy or other electricity
products unless such requirement is a part of a separate Commission-
approved tariff or is a requirement applicable to seller through
seller's participation in a Commission-approved organized market.
    (b) Communications. Seller will provide accurate and factual
information and not submit false or misleading information, or omit
material information, in any communication with the Commission,
Commission-approved market monitors, Commission-approved regional
transmission organizations, Commission-approved independent system
operators, or jurisdictional transmission providers, unless seller
exercises due diligence to prevent such occurrences.
    (c) Price reporting. To the extent seller engages in reporting of
transactions to publishers of electricity or natural gas price indices,
seller shall provide accurate and factual information, and not
knowingly submit false or misleading information or omit material
information to any such publisher, by reporting its transactions in a
manner consistent with the procedures set forth in the Policy Statement
issued by the Commission in Docket No. PL03-3-000 and any
clarifications thereto. Unless seller has previously provided the
Commission with a notification of its price reporting status, seller
shall notify the Commission within 15 days of the effective date of
this regulation whether it engages in such reporting of its
transactions. Seller must update the notification within 15 days of any
subsequent change in its transaction reporting status. In addition,
Seller must adhere to such other standards and requirements for price
reporting as the Commission may order.
    (d) Record retention. Seller must retain, for a period of three
years, all data and information upon which it billed the prices it
charged for the electric energy or electric energy products it sold
pursuant to seller's market-based rate tariff, and the prices it
reported for use in price indices.

[FR Doc. 06-1719 Filed 2-24-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: September 16, 2010 (Volume 75, Number 179)]
[Rules and Regulations]
[Page 56477-56483]
[DOCID:fr16se10-5]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 1060

[EPA-HQ-OAR-2010-0270; FRL-9202-4]
RIN 2060-AQ18

Technical Amendments for Marine Spark-Ignition Engines and
Vessels

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: In the final rulemaking for new exhaust and evaporative
emissions standards for nonroad spark-ignition engines, vessels, and
equipment (73 FR 59034, October 8, 2008), EPA established first-ever
evaporative emissions standards for marine vessels. These requirements
included portable marine fuel tanks commonly used in recreational
boating. During their efforts to certify portable fuel tanks to these
new requirements, manufacturers working together on systems integration
identified several technical issues with the performance of the tanks/
fuel systems in use that were not fully apparent to them before these
standards were developed. Systems integration work conducted by the
fuel tank, boat and engine manufacturers highlighted that under some
circumstances there was the potential for fuel spillage to occur. Work
conducted by these parties indicated that this issue applies to
existing systems and tanks as well as those built to comply with EPA's
evaporative emission design standard. We have engaged the industry to
identify a simple, safe, and emissions neutral solution to this
concern. EPA is taking direct final action to make technical amendments
to the design standard for portable tanks that will allow for this
solution. In addition, we are incorporating safe recommended practices,
developed through industry consensus, for portable marine fuel tanks.
This action is emissions neutral with respect to the diurnal emissions
standard; however, to the extent that it helps reduce fuel spillage,
incorporating safe recommended practices will result in a net benefit
to the environment and lead to fuel savings.

DATES: This rule is effective on November 15, 2010 without further
notice, unless EPA receives adverse comment by October 18, 2010 If EPA
receives adverse comment, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect. Similarly, the incorporation by reference of the published
standard listed in this regulation is approved by the Director of the
Federal Register as of November 15, 2010 without further notice, unless
EPA receives adverse comment.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2010-0270, by one of the following methods:
     http://www.regulations.gov: Follow the on-line
instructions for submitting comments.
     E-mail<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Environmental Protection Agency, Air Docket, Mail-
Code 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460. In
addition, please mail a copy of your comments on the information
collection provisions to the Office of Information and Regulatory
Affairs, Office of Management and Budget (OMB), Attn: Desk Officer for
EPA, 725 17th St., NW., Washington, DC 20503.
     Hand Delivery: EPA Docket Center (EPA/DC), EPA West, Room
3334, 1301 Constitution Ave., NW., Washington, DC, Attention Docket No.
EPA-HQ-OAR-2010-0270. Such deliveries are only accepted during the
Docket's normal hours of operation, and special arrangements should be
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2010-0270. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or e-mail.
The www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through www.regulations.gov
your e-mail address will be automatically captured and included as part
of the comment that is placed in the public docket and made available
on the Internet. If you submit an electronic comment, EPA recommends
that you include your name and other contact information in the body of
your comment and with any disk or CD-ROM you submit. If EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm. For additional
instructions on submitting comments, go to Unit III of the
SUPPLEMENTARY INFORMATION section of this document.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the ``Technical Amendments
for Marine Spark-Ignition Engines and Vessels'' Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the
``Technical Amendments for Marine Spark-Ignition Engines and Vessels''
Docket is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Michael Samulski, Environmental
Protection Agency, Office of Transportation and Air Quality, Assessment
and Standards Division, 2000 Traverwood Drive, Ann Arbor, Michigan
48105; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-mail
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Why is EPA using a Direct Final Rule?

    EPA is publishing this rule without a prior proposed rule because
we view this as a noncontroversial action and anticipate no adverse
comment. However, in the ``Proposed Rules'' section of today's Federal
Register, we are publishing a separate document that will serve as the
proposed rule to adopt

the provisions in this Direct Final Rule if adverse comments are
received on this direct final rule. We will not institute a second
comment period on this action. Any parties interested in commenting
must do so at this time. For further information about commenting on
this rule, see the ADDRESSES section of this document.
    If EPA receives adverse comment, we will publish a timely
withdrawal in the Federal Register informing the public that this
direct final rule will not take effect. We would address all public
comments in any subsequent final rule based on the proposed rule.

II. Does this action apply to me?

    This action will affect companies that manufacture and certify
portable marine fuel tanks for sale in the United States. The following
table gives some examples of entities that may have to follow the
regulations; however, since these are only examples, you should
carefully examine the proposed regulations. You may direct questions
regarding the applicability of this action as noted in FOR FURTHER
INFORMATION CONTACT.

----------------------------------------------------------------------------------------------------------------
                                                                               Examples of potentially regulated
                 Category                    NAICS codes\a\    SIC codes\b\                entities
----------------------------------------------------------------------------------------------------------------
Industry..................................          333618             3519   Manufacturers of new engines.
Industry..................................          336612       3731, 3732   Manufacturers of marine vessels.
----------------------------------------------------------------------------------------------------------------
\a\ North American Industry Classification System (NAICS).
\b\ Standard Industrial Classification (SIC) system code.

III. What should I consider as I prepare my comments for EPA?

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

IV. Summary of Rule

A. Overview

    In the final rulemaking for new exhaust and evaporative emissions
standards for nonroad spark-ignition engines, vessels, and equipment
(73 FR 59034, October 8, 2008), EPA established first-ever evaporative
emissions standards for marine vessels. These requirements included
portable marine fuel tanks specifically designed for and commonly used
in recreational boating. These are normally used to power gasoline
outboard engines. During their efforts to certify portable fuel tanks
to these new requirements, manufacturers working together on systems
integration identified several technical issues with the performance of
the tanks/fuel systems in use that were not fully apparent to them
before these standards were developed. Systems integration work
conducted by the fuel tank, boat and engine manufacturers highlighted
that under some circumstances there was the potential for fuel spillage
to occur. Work conducted by these parties indicated that this issue
applies to existing fuel systems and tanks as well as those built to
comply with EPA's evaporative emission design standard. We have engaged
the industry to identify a simple, safe, and emissions neutral solution
to this concern. This action is emissions neutral with respect to the
diurnal emissions standard; however, to the extent that it helps reduce
fuel spillage, incorporating safe recommended practices will result in
a net benefit to the environment and lead to fuel savings.

B. Background

    Often, gasoline-powered outboard marine engines are used on boats
that do not have installed fuel tanks. This is most common for smaller
engines and vessels. In these instances, portable marine fuel tanks are
used as a fuel supply. In many ways, portable marine fuel tanks
resemble portable gasoline containers, like those used to carry
gasoline for use in lawnmowers and other equipment. The primary
difference from portable gasoline containers is that portable marine
fuel tanks are designed to be connected directly to the outboard engine
during operation. These portable marine fuel tanks can be easily
disconnected from the engine and removed from the boat for purposes of
refueling and storage.
    Because outboard engines draw fuel directly from portable marine
fuel tanks when operating, there are three design elements unique to
these fuel tanks. The first (and most obvious) is that there is a fuel
line connecting the fuel tank to the engine. Second, these fuel tanks
are typically equipped with an indicator for fuel fill level. Third,
portable marine fuel tanks have traditionally been equipped with a
manually actuated vent on the fuel cap. In this design, the manual
valve was intended to be left open during engine operation to prevent a
vacuum from forming in the fuel tank as the engine draws the fuel level
down. Such a vacuum in the fuel tank could prevent fuel from being
drawn into the engine, thereby resulting in a stalled engine.
    During storage and transport, this same manual valve could be
closed to prevent fuel spillage and loss of fuel due to evaporation. By
closing the valve, the user can prevent fuel vapor from escaping
through the vent. However, because the vapor cannot escape, pressure
builds in the fuel tank during heating events. For this reason,
portable

marine fuel tanks are designed to withstand pressures caused by fuel
heating. Because this valve is manually actuated, any emission control
associated with sealing the tank would be dependent on user behavior.
    In our recent rulemaking, we adopted a design standard requiring
portable marine fuel tanks to remain sealed up to a pressure of 5.0
psi, starting on January 1, 2010 (see Sec.  1060.105). This can be
achieved by replacing the user-controlled manual valve with a simple
one-way automatic valve in the fuel cap. For instance, a diaphragm
valve that is common in many automotive applications seals when under
positive pressure (up to a set pressure limit) but opens under low-
vacuum conditions. The 5.0 psi pressure relief provision is not
mandatory, but rather is intended to provide the option to limit the
amount of pressure that a fuel tank must hold. It should be noted that
portable fuel tank manufacturers are expected to add an additional
manual valve that will allow the user to override the pressure relief
valve so that the fuel tanks can be completely sealed during
transportation and storage.
    Under the requirements finalized in 2008, portable fuel tanks must
continue to be self-sealing when disconnected from an engine.
Typically, the hose connections have spring loaded mechanisms that
close off fuel flow when the connection is broken. As such, this
provision is consistent with current industry practice.

C. Technical Issues and Solutions

    After the final rule was published in 2008, marine engine and fuel
tank manufacturers became aware of fuel spillage issues that may occur,
under certain circumstances, if a portable marine fuel tank is stored
in the sealed condition (either on or outside the vessel). These issues
were identified during the manufacturers' efforts to develop and
certify portable marine fuel tanks to the diurnal emission
requirements. Testing conducted by the manufacturers indicates that
these fuel spillage issues apply to existing fuel tanks as well as
those designed to the diurnal requirements finalized in 2008. Existing
tanks have a manual valve that is intended to be closed when the vessel
is not in use and when the tank is stored. When the user closes this
manual valve, the tank is in a similar configuration as a tank that is
compliant with the design requirements for diurnal emission control.
    Diurnal evaporative emissions are released from a fuel tank when
the fuel temperature increases due to daily temperature changes. This
increase in fuel temperature increases the vapor pressure of the fuel
and therefore the vapor mixture expands in volume. This expansion
forces some of the fuel-air mixture to be vented out of the tank. When
the vent is in the closed position, the expanded volume cannot escape
the tank, resulting in increased pressure in the fuel tank. This
increased pressure is a function of the fuel temperature, the amount of
fuel in the tank, and the volatility of the fuel.
    Three potential fuel spillage mechanisms have been identified for a
tank under pressure: (1) Through the engine, (2) when connecting/
disconnecting the fuel line from the engine and (3) when opening the
fuel cap. These three potential fuel spillage issues are discussed
below along with the associated technical solutions to these issues.
Further information is provided in the docket.
1. Through Engine
    When an engine is operating, vacuum generated by the action of the
piston(s) draws fuel from the tank to the engine. When the engine is
shut down, it no longer draws fuel from the fuel tank. It is common to
disconnect the fuel tank from the engine during periods of inactivity.
However, if this does not occur, and if the fuel tank is sealed and
sufficient pressure develops in the fuel tank, this pressure can push
fuel to the engine. This can occur in existing fuel tanks when the
manual valve is sealed or in a self-sealing fuel tank meeting the
design standard finalized in 2008. In most cases, the needle valve in
the engine's fuel system would prevent the fuel from reaching the
engine intake.
    However, if the pressure in the fuel tank is high enough, this
pressure may force fuel through the engine, which would then spill out
of the engine intake. Based on test data supplied by outboard marine
engine manufacturers, many engine designs can withstand 5.0 psi of fuel
pressure from the fuel tank without leaking. However, some engine
designs will see fuel leakage at pressures as low as 1.0 psi. This
testing was performed on engines in a static position, either upright
or tilted. Based on this testing, fuel leakage was shown to occur in
either position, but was more likely when the engine is stored in the
tilted position.
    Dynamic testing was also performed, wherein the engine was fitted
on a trailer boat and towed of various surfaces. This testing suggested
fuel leakage was much more likely under dynamic conditions (such as
towing) than static conditions, when the portable marine fuel tank was
sealed, pressurized, and left connected to the engine. It was thought
that the vibration caused the needle valve in the engine to vibrate and
lift from its seat. The test data referenced here is included in the
docket.
    The simplest solution to this fuel spillage issue is for the user
to disconnect the fuel tank from the engine when storing the fuel tank,
especially when towing the boat. At a minimum, portable marine fuel
tank manufacturers should provide the user with information on proper
storage practices, such as disconnecting the fuel tank from the engine
when not in use. As discussed in IV.D.3 below, this is included in the
safe recommended practices for portable marine fuel tanks recently
developed by the boating industry.
    A more sophisticated technical solution would be to include a valve
in the fuel line that would prevent transfer of fuel under pressure
from the fuel tank to the engine. One example would be a vacuum-
actuated valve which would remain closed unless a vacuum was drawn from
the engine. Because new portable marine fuel tanks may be used with old
engines for many years to come, it is important that the near-term
solution to this issue be independent of the engine design.
2. During Connection/Disconnection of Fuel Line
    Portable marine fuel tanks are typically equipped with ``quick-
connect'' fittings for easy connection and disconnection of the fuel
line from either the engine or fuel tank. Under this design, the
connector remains closed until it is pressed on to the mating fitting.
When the fuel is under pressure, it is possible that some fuel will
spray as the connector begins to open, but is not yet completely seated
on the fitting. For example, this could occur when the fuel line is
connected to the fuel tank and the tank is under a positive pressure.
Similar to the other spillage mechanisms described here, this can occur
in existing fuel tanks when the manual valve is sealed or in a self-
sealing fuel tank meeting the design standard finalized in 2008.
    Two solutions may be used to address this fuel spillage issue. The
first is to simply relieve the pressure in the fuel system prior to
connecting or disconnecting the fuel line from the engine. This could
be accomplished by simply opening the fuel cap or through the use of
the ``pressure relief method'' described below (see section IV.C.3).
    Alternatively, the fittings could be modified to prevent fuel spray
under pressure. One approach would be to improve the fittings such
that, when the

connector and fitting are mated, the seal is seated sufficiently to
withstand 5 psi of pressure, before the connecting valve opens. Another
modification could be the use of an integrated or manual valve that
would close to shut off fuel pressure to the fitting prior to
connecting or disconnecting the fuel line from the engine.
3. When Opening Fuel Cap
    In rare circumstances, the fuel in the tank can reach an unstable
condition where opening the fuel cap can result in significant fuel
spray from the tank opening. This would occur when the fuel tank is
filled with a high volatility gasoline, sealed, and subjected to high
ambient temperatures. This can occur in existing fuel tanks when the
manual valve is sealed or in a self-sealing fuel tank meeting the
design standard finalized in 2008. An example of a high volatility
gasoline would be 13 RVP wintertime fuel. Under certain circumstances,
this fuel may be sold in the spring for use in boats. If a fuel tank
containing this fuel were left in the sun on a hot day, the fuel could
reach a ``boiling'' condition where butane bubbles are formed in the
fuel. In many ways, gasoline under this condition could be likened to
soda pop in a bottle that has been shaken.
    Manufacturers performed testing on a fuel tank filled to the top
with 13 RVP gasoline that was sealed and heated from 16[deg]C
(60[deg]F) to 40[deg]C (104[deg]F). When the fuel cap was opened, a
significant amount of fuel sprayed from the fuel tank. This fuel spray
was less, but still significant when the fuel tank was filled to the
recommended fill line rather than filled all the way up to the top.
Fuel spillage under these circumstances is not only an adverse
environmental outcome, but could result in a safety hazard as well.
    One solution to this issue is to relieve pressure slowly prior
opening the fuel cap. For example, when opening a soda pop bottle that
has been shaken, we commonly crack the cap slightly, to slowly relieve
pressure and prevent spray. Similarly, spraying of fuel from a fuel
tank can be addressed through the addition of a small valve that can be
opened to slowly relieve pressure before opening the fuel cap. The
marine industry refers to this approach as the ``pressure relief
method,'' which is defined as ``an integrated or external manually
activated device designed to temporarily relieve pressure prior to fuel
filling or connection to the engine.'' The intent is that the valve
would only remain open for a short period of time, when needed, and the
default condition of the valve would be in the closed position.
    The simplest design under the ``pressure relief method'' may be a
button on the fuel cap that can be pressed to allow pressure to slowly
escape. Once the pressure equalizes, the button would be released and
the vent would return to the closed position. The fuel cap would then
be opened without any risk of fuel spray.

D. Regulatory Action

    EPA is taking direct final action to address the potential spillage
problems discussed above which exist for current tank designs as well
as for tanks meeting the diurnal design standard finalized in 2008.
First, we are making technical amendments to the design standard for
portable tanks that will allow for the use of the ``pressure relief
method'' described above. In addition, to incorporate the other
solutions described above, we are incorporating safe recommended
practices, developed through industry consensus, for portable marine
fuel tanks. EPA does not expect that this action will have an adverse
cost impact to the manufacturers beyond that envisioned in the original
rule. This direct final rule merely modifies existing design-based
certification provisions to incorporate safe recommended practices,
developed through industry consensus, for portable marine fuel tanks.
Adopting these amendments, which are discussed below, is expected to
lead to environmental, cost, and safety benefits through reduced fuel
spillage.
1. Pressure Relief Method
    The current regulatory text in Sec.  1060.105(c)(1) states that
portable fuel tanks ``must be self-sealing (without any manual vents)
when not attached to the engines. The tanks may not vent to the
atmosphere when attached to an engine.'' Based on this text, the
pressure relief method described above (see section IV.C.3) is not
permitted under the current regulations.
    When this regulation was drafted, the concept of the pressure
relief method was not envisioned. The intent for this regulatory text
was simply to ensure that any vent on the fuel tank could not be left
in the open position. The concern was that a manual vent could be left
in the open position, and it was not envisioned that a manual vent
would be added that would default to the closed position when released.
There is no environmental harm for a vent that can be temporarily
opened prior to opening the fuel cap, but that returns to the closed
position when not activated. The reason is that any vapor that is
released through this vent just prior to opening the fuel tank would be
released from fuel tank anyway when the cap is removed. As such, this
action is emissions neutral with respect to diurnal emissions. To the
extent that it helps prevent fuel spillage, allowing such a valve
actually results in a net benefit to the environment and leads to fuel
savings.
    To address this issue, we are revising the text in Sec.
1060.105(c)(1) to allow for an integrated or external manually
activated device to be included in the fuel tank design to temporarily
relieve pressure prior to fuel filling or connection to the engine. In
this way, there will be no prohibition on using the ``pressure relief
method'' in new fuel tank designs.
2. Timing
    Although the diurnal requirements for portable marine fuel tanks
began on January 1, 2010, each portable marine fuel tank manufacturer
selling product into the U.S. has requested and received a 12 month
extension for compliance with this regulation. EPA granted these
requests under Sec.  1068.40, to allow development of the industry
consensus methods and practices to address these concerns. Beginning on
January 1, 2011 each manufacturer will be required to comply with the
diurnal emissions standards contained in Sec.  1060.105. Taking action
through a direct final rule will allow for the technical amendments to
enter into force prior to this date.
3. Safe Recommended Practices
    Under the auspices of the American Boat and Yacht Council (ABYC),
the recreational marine industry has developed safe recommended
practices for portable marine fuel tanks. These practices, which are
housed in ABYC H25,\1\ include recent modifications to address the fuel
spillage issues described above for existing fuel tanks and fuel tanks
meeting the diurnal design standard finalized in 2008. These
modifications include the creation of design requirements and system
testing that must be performed to ensure that fuel spillage will not
occur under pressure relief method and to ensure that fuel spray will
not occur when quick connect fittings are connected or disconnected. In
addition, ABYC H25 now includes labeling requirements to inform boaters
of potential hazards associated with fuel under pressure and what steps
to take. These steps may include disconnecting the fuel line from

the engine when not in use and activating the pressure relief method
prior to opening the fuel cap.
---------------------------------------------------------------------------

    \1\ American Boat and Yacht Council (ABYC), ``ABYC H-25:
Portable Marine Gasoline Fuel Systems,'' July, 2010.
---------------------------------------------------------------------------

    To help ensure that the potential fuel spillage issues described
above are addressed properly, we are incorporating, by reference, the
ABYC H25 pressure relief method system testing and informational (e.g.
labeling) provisions into our regulations.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order (EO) 12866 (58 FR 51735, October 4, 1993) and
is therefore not subject to review under the EO. This direct final rule
merely modifies existing design-based certification requirements to
incorporate safe recommended practices, developed through industry
consensus, for portable marine fuel tanks. There are no costs with this
rule beyond those envisioned in the original rule.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
Burden is defined at 5 CFR 1320.3(b). This direct final rule does not
include any new collection requirements, as it simply modifies existing
design-based certification requirements to incorporate safe recommended
practices, developed through industry consensus, for portable marine
fuel tanks. There are no new paperwork requirements associated with
this rule.

C. Regulatory Flexibility Act

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

D. Unfunded Mandates Reform Act

    This action contains no Federal mandates under the provisions of
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), 2 U.S.C.
1531-1538 for State, local, or tribal governments or the private
sector. The action imposes no enforceable duty on any State, local or
tribal governments or the private sector. Therefore, this action is not
subject to the requirements of sections 202 or 205 of the UMRA.
    This action is also not subject to the requirements of section 203
of UMRA because it contains no regulatory requirements that might
significantly or uniquely affect small governments. This direct final
rule merely modifies existing design-based certification requirements
to incorporate safe recommended practices, developed through industry
consensus, for portable marine fuel tanks.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the national government and the States, or on the distribution of power
and responsibilities among the various levels of government, as
specified in Executive Order 13132. This direct final rule merely
modifies existing design-based certification requirements to
incorporate safe recommended practices, developed through industry
consensus, for portable marine fuel tanks. Thus, Executive Order 13132
does not apply to this action.

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

    This action does not have tribal implications, as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). This direct
final rule merely modifies existing design-based certification
requirements to incorporate safe recommended practices, developed
through industry consensus, for portable marine fuel tanks. Thus,
Executive Order 13175 does not apply to this action.

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

    This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866, and because the Agency does not believe the environmental health
or safety risks addressed by this action present a disproportionate
risk to children. This direct final rule merely modifies existing
design-based certification requirements to incorporate safe recommended
practices, developed through industry consensus, for portable marine
fuel tanks.

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

    This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.

I. National Technology Transfer Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted

by voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This rulemaking involves technical standards. This direct final
rule modifies existing design-based certification requirements to
incorporate safe recommended practices, developed through industry
consensus, for portable marine fuel tanks. Specifically, it
incorporates by reference ABYC H-25, ``Portable Marine Gasoline Fuel
Systems,'' July 2010. Anyone may purchase copies of these materials
from the American Boat and Yacht Council, 613 Third Street, Suite 10
Annapolis, MD 21403 or http://www.abycinc.org/.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population. This direct final rule merely modifies existing
design-based certification requirements to incorporate safe recommended
practices, developed through industry consensus, for portable marine
fuel tanks.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on November 15, 2010.

L. Statutory Authority

    The statutory authority for this action comes from section 213 of
the Clean Air Act as amended (42 U.S.C. 7547). This action is a
rulemaking subject to the provisions of Clean Air Act section 307(d).
See 42 U.S.C. 7607(d).

List of Subjects in 40 CFR Part 1060

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Incorporation by reference, Labeling, Penalties, Reporting and
recordkeeping requirements, Warranties.

    Dated: September 9, 2010.
Lisa P. Jackson,
Administrator.

0
For the reasons set out in the preamble, Title 40, Chapter I of the
Code of Federal Regulations is amended as follows:

PART 1060--CONTROL OF EVAPORATIVE EMISSIONS FROM NEW AND INUSE
NONROAD AND STATIONARY EQUIPMENT

0
1. The authority citation for part 1060 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
2. Section 1060.105 is amended by revising paragraphs (c)(1) and (d)
and adding a new paragraph (f)(3) to read as follows:

Sec.  1060.105  What diurnal requirements apply for equipment?

* * * * *
    (c) * * *
    (1) They must be self-sealing when detached from the engines. The
tanks may not vent to the atmosphere when attached to an engine. An
integrated or external manually activated device may be included in the
fuel tank design to temporarily relieve pressure before refueling or
connecting the fuel tank to the engine. However, the default setting
for such a vent must be consistent with the requirement in paragraph
(c)(2) of this section.
* * * * *
    (d) Detachable fuel lines that are intended for use with portable
marine fuel tanks must have connection points that are self-sealing
when not attached to the engine or fuel tank.
* * * * *
    (f) * * *
    (3) You must meet the following provisions from ABYC H-25, July
2010 (incorporated by reference in Sec.  1060.810) with respect to
portable marine fuel tanks:
    (i) Provide information related to the pressure relief method
(<IP_ADDRESS> and <IP_ADDRESS>.1).
    (ii) Perform system testing (25.10 through 25.10.5).

0
3. Section 1060.810 is amended by adding a new paragraph (d) to read as
follows:

Sec.  1060.810  What materials does this part reference?

* * * * *
    (d) American Boat and Yacht Council Material. Table 4 to this
section lists material from the American Boat and Yacht Council that we
have incorporated by reference. The first column lists the number and
name of the material. The second column lists the sections of this part
where we reference it. Anyone may purchase copies of these materials
from the American Boat and Yacht Council, 613 Third Street, Suite 10,
Annapolis, MD 21403 or http://www.abycinc.org/. Table 4 follows:

  Table 4 to Sec.   1060.810--American Boat and Yacht Council Materials
------------------------------------------------------------------------
             Document No. and name                 Part 1060 reference
------------------------------------------------------------------------
ABYC H-25, Portable Marine Gasoline Fuel                        1060.105
 Systems, July 2010............................
------------------------------------------------------------------------

[FR Doc. 2010-23126 Filed 9-15-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: April 30, 2008 (Volume 73, Number 84)]
[Rules and Regulations]
[Page 23361]
[DOCID:fr30ap08-18]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 268

[EPA-HQ-RCRA-2007-0936; FRL-8560-1]

Land Disposal Restrictions: Site-Specific Treatment Variance for
P and U-Listed Hazardous Mixed Wastes Treated by Vacuum Thermal
Desorption at the EnergySolutions' Facility in Clive, UT

AGENCY: Environmental Protection Agency.

ACTION: Withdrawal of direct final rule.

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

SUMMARY: On March 6, 2008, the Environmental Protection Agency (EPA)
published in the Federal Register a direct final rule granting a site-
specific treatment variance to EnergySolutions LLC (EnergySolutions) in
Clive, Utah for the treatment of certain P and U-listed hazardous waste
containing radioactive contamination using vacuum thermal desorption.
At the same time, the EPA also published a parallel proposal in the
Federal Register to address any adverse comments received on the direct
final rule. We specifically noted that if EPA received adverse comment
on the direct final rule, EPA would withdraw the direct final rule and
address public comments in any subsequent final rule. Because EPA
received an adverse comment, we are withdrawing the direct final rule
and will address the comment in a final rule.

DATES: As of May 2, 2008, EPA withdraws the direct final rule published
at 73 FR 12017 on March 6, 2008.

FOR FURTHER INFORMATION CONTACT: For more information on this action,
contact Elaine Eby, Hazardous Waste Minimization and Management
Division, Office of Solid Waste (MC 5302 P), U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460;
telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>; or<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: On March 6, 2008 (73 FR 12017), EPA issued a
direct final rule and a parallel proposal (73 FR 12043) granting a
site-specific treatment variance to EnergySolutions for the treatment
of certain P- and U-listed mixed waste using vacuum thermal desorption.
The variance establishes an alternative treatment standard to treatment
by combustion (CMBST) required for these wastes under EPA rules
implementing the land disposal restriction provisions of the Resource
Conservation and Recovery Act. EPA stated in the preamble to the direct
final rule and parallel proposal that if adverse comments were received
by April 7, 2008, we would publish a timely withdrawal of the direct
final rule in the Federal Register. EPA subsequently received an
adverse comment on the direct final rule and is therefore withdrawing
it with today's notice. EPA will address this comment in a subsequent
final action, which will be based on the parallel proposed rule (73 FR
12043). As stated in the direct final rule and parallel proposed rule,
we will not institute a second comment period on this action.

List of Subjects in 40 CFR Part 268

    Environmental protection, Hazardous waste, Mixed waste and
variances.

    Dated: April 23, 2008.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.

0
Accordingly, the amendments to 40 CFR 268.42 and 268.44 which published
in the Federal Register on March 6, 2008 at 73 FR 12017 are withdrawn
as of May 2, 2008.

[FR Doc. E8-9482 Filed 4-29-08; 8:45 am]

BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 98 (Thursday, May 21, 2015)]
[Notices]
[Pages 29383-29384]
[FR Doc No: 2015-12332]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

[Docket No. FRA-2012-0033]

Notice of Intent to Grant a Buy America Waiver to the Long Island
Rail Road for the Purchase of Seven U.S.-Made Turnouts Containing Four
Non-Domestic Components

AGENCY: Federal Railroad Administration (FRA), United States Department
of Transportation (DOT).

ACTION: Notice of intent to grant Buy America waiver.

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SUMMARY: FRA is issuing this notice to advise the public that it
intends to grant the Long Island Rail Road (LIRR), a subsidiary of the
Metropolitan Transportation Authority, a waiver from FRA's Buy America
requirement under 49 U.S.C. 24405(a)(2)(B) for the purchase of seven
(7) turnouts manufactured by VAE Nortrak North America, Inc. at its
plant in Birmingham, Alabama, for use in the LIRR North East Corridor
Congestion Relief Project at Harold Interlocking. The turnouts will
contain four components (ZU1-60 steel left and right switch point rail
sections and Schwihag roller assemblies and plates) not produced in the
U.S. The roller assemblies and plates are manufactured in Switzerland,
and the ZUl-60 steel switch point rail sections are manufactured in
Austria. The foreign material comprises approximately 11.9 percent of
the turnouts' $3.1 million cost or approximately $367,000. FRA believes
a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B) for the ZUI-60
steel switch point rail sections and roller assemblies and plates
because domestically-produced components meeting the specific needs of
LIRR are not currently ``produced in sufficient and reasonably
available amount or are not of a satisfactory quality.''

DATES: Written comments on FRA's determination to grant LIRR's Buy
America waiver request should be provided to the FRA on or before May
26, 2015.

ADDRESSES: Please submit your comments by one of the following means,
identifying your submissions by docket number FRA-2012-0033. All
electronic submissions must be made to the U.S. Government electronic
site at http://www.regulations.gov. Commenters should follow the
instructions below for mailed and hand-delivered comments.
    (1) Web site: http://www.regulations.gov. Follow the instructions
for submitting comments on the U.S. Government electronic docket site;
    (2) Fax:<PHONE_NUMBER>;
    (3) Mail: U.S. Department of Transportation, 1200 New Jersey Avenue
SE., Docket Operations, M-30, Room W12-140, Washington, DC 20590-0001;
or
    (4) Hand Delivery: Room W12-140 on the first floor of the West
Building, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Instructions: All submissions must make reference to the ``Federal
Railroad Administration'' and include docket number FRA-2012-0033. Due
to security procedures in effect since October 2001, mail received
through the U.S. Postal Service may be subject to delays. Parties
making submissions responsive to this notice should consider using an
express mail firm to ensure the prompt filing of any submissions not
filed electronically or by hand. Note that all submissions received,
including any personal information therein, will be posted without
change or alteration to http://www.regulations.gov. For more
information, you may review DOT's complete Privacy Act Statement in the
Federal Register published on April 11, 2000 (65 FR 19477), or visit
http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Mr. John Johnson, Attorney-Advisor,
FRA Office of Chief Counsel, 1200 New Jersey Avenue SE., Mail Stop 25,
Washington, DC 20590,<PHONE_NUMBER><EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:
    The letter granting LIRR's request is quoted below:

Mr. Carl Cipriano
Manager-Procurement East Side Access
Long Island Rail Road
90-27 Sutphin Boulevard
3 Floor, MC 0335
Jamaica, NY 11435

Re: Request for Waiver of Buy America Requirement

Dear Mr. Cipriano:

As you are aware, on August 21, 2014, the Long Island Rail Road (LIRR)
requested a waiver from FRA's Buy America requirement to purchase
twenty-two (22) turnouts (Turnouts) manufactured by VAE Nortrak North
America, Inc. (Nortrak) for use in the LIRR North East Corridor (NEC)
Congestion Relief Project at Harold Interlocking (Harold Interlocking
Project).
In February 2015, LIRR withdrew its request for the full twenty-two
(22) Turnouts and amended its request to only seven (7) Turnouts. Those
7 Turnouts will be manufactured by Nortrak at its plant in Birmingham,
Alabama, but will contain four components (ZU1-60 steel left and right
switch point rail sections and Schwihag roller assemblies and plates)
that are not produced in the U.S. Instead, the roller assemblies and
plates are manufactured in Switzerland and the ZUl-60 steel switch
point rail sections are manufactured in Austria. The foreign material
comprises approximately 11.9 percent of the Turnouts' $3.1 million cost
or approximately $367,000.
    LIRR amended its request because it determined that an alternative
turnout design that Union Pacific railroad is using could potentially
provide LIRR with a 100-percent FRA Buy America compliant turnout for
future use at Harold Interlocking. However, LIRR asserts that an
alternative design will require significant work before LIRR can
integrate it into LIRR's infrastructure, including use for Harold
Interlocking. This work includes development of a new configuration;
preparation of shop drawings; and preparation, review and

approval of the new design. The new specification then must be provided
to potential manufacturers who will need to perform additional
engineering and fabrication so that the newly designed turnout can be
adapted for use for the Harold Interlocking Project. FRA agrees with
LIRR's assertions. For the reasons set forth below, FRA is granting a
waiver for the purchase of seven (7) Turnouts.
    FRA believes a waiver is appropriate under 49 U.S.C. 24405(a)(2)(B)
for the ZUI-60 steel switch point rail sections and roller assemblies
and plates because domestically-produced components meeting the
specific needs of LIRR for this application are not currently
``produced in sufficient and reasonably available amount or are not of
a satisfactory quality.'' Both FRA and LIRR have conducted significant
outreach to find 100-percent compliant turnouts. LIRR issued two
competitive solicitations for the Turnouts and received no Buy America
compliant bids. LIRR also conducted extensive market research utilizing
a previous scouting report relating to turnout components from a
previous FRA waiver for the same components. In conducting that
research, LIRR contacted seven potential manufacturers. None produced
the needed turnout components as designed.
    On September 19, 2014, FRA provided public notice of this waiver
request and a 15-day opportunity for comment on its Web site. FRA also
emailed notice to over 6,000 persons who have signed up for Buy America
notices through ``GovDelivery.'' See http://www.fra.dot.gov/Page/P0719.
FRA received no comments.
    Moreover, although a future design capable of using domestic
components may be possible, FRA concludes that the seven (7) turnouts
are not reasonably available because the time required to design, test,
and competitively procure those turnouts would likely cause at least a
one year delay in completing the overall project, preventing the Harold
Interlocking Project from being completed by September 30, 2017 (the
deadline for the expenditure of Federal funds awarded under the
American Recovery and Reinvestment Act of 2009). Thus, FRA grants
LIRR's request for the initial seven (7) Turnouts.
    This waiver applies only to the ZUI-60 steel switch point rail
sections and Schwihag roller assemblies and plates as manufactured into
the initial seven (7) Turnouts installed in the Harold Interlocking
Project. We will not grant any future requests for waivers without a
specific showing that a significant good faith effort to obtain
domestic sources for these components has taken place but failed.
    Pursuant to 49 U.S.C. 24405(a)(4), FRA will publish this letter
granting LIRR's request in the Federal Register and provide notice of
such finding and an opportunity for public comment after which this
waiver will become effective.
    Questions about this letter can be directed to, John Johnson,
Attorney-Advisor, at<EMAIL_ADDRESS>or<PHONE_NUMBER>.

Sincerely,

Sarah Feinberg,
Acting Administrator.

Melissa L. Porter,
Chief Counsel.
[FR Doc. 2015-12332 Filed 5-20-15; 8:45 am]
BILLING CODE 4910-06-P


[Federal Register Volume 84, Number 240 (Friday, December 13, 2019)]
[Rules and Regulations]
[Pages 68041-68042]
[FR Doc No: 2019-26854]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2019-0590; Airspace Docket No. 19-AEA-10]
RIN 2120-AA66

Amendment of Class E Airspace; Grove City, PA

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action amends Class E airspace extending upward from 700
feet above the surface at Grove City Airport, Grove City, PA, by
updating the geographic coordinates of this airport. Also, this action
would update the name and geographic coordinates of Grove City Medical
Center Heliport (formerly United Community Hospital Heliport).
Controlled airspace is necessary for the safety and management of
instrument flight rules (IFR) operations in the area.

DATES: Effective 0901 UTC, January 30, 2020. The Director of the
Federal Register approves this incorporation by reference action under
Title 1 Code of Federal Regulations part 51, subject to the annual
revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES: FAA Order 7400.11D, Airspace Designations and Reporting
Points, and subsequent amendments can be viewed online at https://www.faa.gov/air_traffic/publications/. For further information, you can
contact the Airspace Policy Group, Federal Aviation Administration, 800
Independence Avenue SW, Washington, DC 20591; telephone: (202) 267-
8783. The Order is also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of FAA Order 7400.11D at NARA, email<EMAIL_ADDRESS>or go to https://www.archives.gov/federal-register/cfr/ibr-locations.html.

FOR FURTHER INFORMATION CONTACT: John Fornito, Operations Support
Group, Eastern Service Center, Federal Aviation Administration, 1701
Columbia Ave., College Park, GA 30337; telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority. This rulemaking is promulgated under the authority described
in Subtitle VII, Part A, Subpart I, Section 40103. Under that section,
the FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends Class E airspace extending upward from 700 feet above the
surface in the Grove City, PA area.

History

    The FAA published a notice of proposed rulemaking in the Federal
Register (84 FR 41937, August 16, 2019) for Docket No. FAA-2019-0590 to
amend Class E airspace extending upward from 700 feet above the surface
for Grove City Airport, Grove City, PA, by updating the geographic
coordinates of the airport, and updating the name and geographic
coordinates of the Grove City Medical Center Heliport (formerly United
Community Hospital Heliport) to coincide with the FAA's aeronautical
database.
    Interested parties were invited to participate in this rulemaking
effort by submitting written comments on the proposal to the FAA. No
comments were received.
    Class E airspace designations are published in Paragraph 6005 of
FAA Order 7400.11D, dated August 8, 2019, and effective September 15,
2019, which is incorporated by reference in 14 CFR part 71.1. The Class
E airspace designation listed in this document will be published
subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

    This document amends FAA Order 7400.11D, Airspace Designations and
Reporting Points, dated August 8, 2019, and effective September 15,
2019. FAA Order 7400.11D is publicly available as listed in the
ADDRESSES section of this document. FAA Order 7400.11D lists Class A,
B, C, D, and E airspace areas, air traffic service routes, and
reporting points.

The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR)
part 71 amends Class E airspace extending upward from 700 feet above
the surface at Grove City Airport, Grove City, PA, by updating the
geographic coordinates of the airport. Also the name and geographic
coordinates of Grove City Medical Center Heliport (formerly United
Community Hospital Heliport) are updated to coincide with the FAA's
aeronautical database. Subsequent to publication of the Notice of
Proposed Rulemaking, the FAA found the geographic coordinates of Grove
City Medical Center Heliport were incorrect. This action corrects the
error.
    These changes are necessary for continued safety and management of
IFR operations at this airport.
    FAA Order 7400.11, Airspace Designations and Reporting Points, is
published yearly and effective on September 15.

Regulatory Notices and Analyses

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore: (1) Is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979);
and (3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. Since this is a routine matter that
only affects air traffic procedures and air navigation, it is certified
that this rule, when promulgated, does not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

Environmental Review

    The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1F, ``Environmental Impacts: Policies and
Procedures,'' paragraph 5-6.5a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.

Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for part 71 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g); 40103, 40113, 40120; E.O.
10854, 24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1   [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11D,
Airspace Designations and Reporting Points, dated August 8, 2019,
effective September 15, 2019, is amended as follows:

Paragraph 6005 Class E Airspace Areas Extending Upward From 700
Feet or More Above the Surface of the Earth.

* * * * *

AEA PA E5 Grove City, PA [Amended]

Grove City Airport, PA
    (Lat. 41[deg]08'46'' N, long. 80[deg]10'04'' W)
Grove City Medical Center Heliport, PA
    (Lat. 41[deg]10'17'' N, long. 80[deg]05'06'' W)

    That airspace extending upward from 700 feet above the surface
within a 6.5-mile radius of Grove City Airport, and within a 6-mile
radius of the Point In Space serving Grove City Medical Center
Heliport.

    Issued in College Park, Georgia, on December 5, 2019.
Ryan Almasy,
Manager, Operations Support Group, Eastern Service Center, Air Traffic
Organization.
[FR Doc. 2019-26854 Filed 12-12-19; 8:45 am]
BILLING CODE 4910-13-P