### 63156 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Proposed Rules

October 14, 2016. The Department believes that this additional 30 days will provide the public with a sufficient opportunity to provide comments on this NPRM. Given the importance of ensuring that its regulations conform to section 274B of the INA, the Department seeks to continue moving this rulemaking forward. Comments on the NPRM should be provided by October 14, 2016, via the methods described above.

Dated: September 7, 2016. Vanita Gupta, Principal Deputy Assistant Attorney General.
[FR Doc. 2016–21937 Filed 9–13–16; 8:45 am]

**BILLING CODE 4410–13–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 52**

**[EPA–R01–OAR–2016–0441; A–1–FRL– 9952–10–Region I]** 

**Air Plan Approval; VT; Prevention of Significant Deterioration, PM**  2.5

**AGENCY :**  Environmental Protection Agency.

**ACTION :**  Proposed rule.

**SUMMARY :**  The Environmental Protection Agency (EPA) is proposing to approve a State Implementation Plan (SIP) revision submitted by the State of Vermont. The revision sets the amount of PM 2.5 increment sources are permitted to consume when obtaining a prevention of significant deterioration (PSD) preconstruction permit and requires PM 2.5 emission offsets under certain circumstances. This action is being taken in accordance with the Clean Air Act.

**DATES :**  Written comments must be received on or before October 14, 2016.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–R01– OAR–2016–0441 at http:// www.regulations.gov, or via email to mcdonnell.ida@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, the EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission ( i.e. on the Web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the **FOR**
**FURTHER INFORMATION CONTACT** section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets.

**FOR FURTHER INFORMATION CONTACT :**  Ida E. McDonnell, Manager, Air Permits, Toxics, and Indoor Programs Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Suite 100, (OEP05–2), Boston, MA 02109–3912, phone number (617) 918–1653, fax number (617) 918– 0653, email McDonnell.Ida@epa.gov.

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

comment.

For additional information, see the direct final rule which is located in the Rules Section of this Federal Register

.

Dated: August 8, 2016. H. Curtis Spalding, Regional Administrator, EPA New England.
[FR Doc. 2016–21880 Filed 9–13–16; 8:45 am]

**BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION**  **AGENCY**

**40 CFR Part 97**

**[FRL–9952–26–OAR]**

**Allocations of Cross-State Air Pollution Rule Allowances From New**  **Unit Set-Asides for 2016 Control Periods** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice of data availability (NODA).

**SUMMARY :**  The Environmental Protection Agency (EPA) is providing notice of the availability of preliminary lists of units eligible for allocations of emission allowances under the Cross-State Air Pollution Rule (CSAPR). Under the CSAPR federal implementation plans (FIPs), portions of each covered state’s annual emissions budgets for each of the four CSAPR emissions trading programs are reserved for allocation to electricity generating units that commenced commercial operation on or after January 1, 2010 (new units) and certain other units not otherwise obtaining allowance allocations under the FIPs. The quantities of allowances allocatedto eligible units from each new unit setaside (NUSA) under the FIPs arecalculated in an annual one- or tworound allocation process. EPA previously completed the first round of NUSA allowance allocations for the 2016 control periods for all four CSAPR trading programs and is now making available preliminary lists of units eligible for allocations in the second round of the NUSA allocation process for the CSAPR NO X Ozone Season Trading Program. EPA has posted a spreadsheet containing the preliminary lists on EPA’s Web site. EPA will consider timely objections to the lists of eligible units contained in the spreadsheet and will promulgate a notice responding to any such objections no later than November 15, 2016, the deadline for recording the second-round allocations of CSAPR NO X Ozone Season allowances in sources’ Allowance Management System accounts. This notice may concern CSAPR-affected units in the following states: Alabama, Arkansas, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maryland, Michigan, Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Pennsylvania, South Carolina, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.


### 63157 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Proposed Rules

1 The latest spreadsheet of CSAPR FIP allowance allocations to existing units, updated in 2014 to reflect changes to CSAPR’s implementation schedule but with allocation amounts unchanged since June 2012, is available at http://www.epa.gov/ crossstaterule/actions.html. See Availability of Data on Allocations of Cross-State Air Pollution Rule Allowances to Existing Electricity Generating Units, 79 FR 71674 (December 3, 2014).

2 The NUSA amounts range from two percent to eight percent of the respective state budgets. The variation in percentages reflects differences among states in the quantities of emission allowances projected to be required by known new units at the time the budgets were set or amended. 3 81 FR 33636 (May 27, 2016); 81 FR 50630 (August 2, 2016).

4 At this time, EPA is not aware of any unit eligible for a second-round allocation from any Indian country NUSA.

5 The quantities of allowances to be allocated through the NUSA allowance allocation process may differ slightly from the NUSA amounts set forth in §§ 97.410(a), 97.510(a), 97.610(a), and 97.710(a) because of rounding in the spreadsheet of CSAPR FIP allowance allocations to existing units. 6 See 40 CFR 97.511(c). **DATES :**  Objections to the information referenced in this notice must be received on or before October 14, 2016.

**ADDRESSES :**  Submit your objections via email to CSAPR

_NUSA@epa.gov. Include ‘‘2016 NUSA allocations’’ in the email subject line and include your name, title, affiliation, address, phone number, and email address in the body of the email.

**FOR FURTHER INFORMATION CONTACT :**  Questions concerning this action should be addressed to Robert Miller at (202)
343–9077 or miller.robertl@epa.gov or Kenon Smith at (202) 343–9164 or smith.kenon@epa.gov.

**SUPPLEMENTARY INFORMATION :**  Under the CSAPR FIPs, the mechanisms by which initial allocations of emission allowances are determined differ for ‘‘existing’’ and ‘‘new’’ units. For ‘‘existing’’ units—that is, units commencing commercial operation before January 1, 2010—the specific amounts of CSAPR FIP allowance allocations for all control periods have been established through rulemaking. EPA has announced the availability of spreadsheets showing the CSAPR FIP allowance allocations to existing units in previous notices. 1

‘‘New’’ units—that is, units commencing commercial operation on or after January 1, 2010—as well as certain older units that would not otherwise obtain FIP allowance allocations do not have pre-established allowance allocations. Instead, the CSAPR FIPs reserve a portion of each state’s total annual emissions budget for each CSAPR emissions trading program as a new unit set-aside (NUSA) 2 and establish an annual process for allocating NUSA allowances to eligible units. States with Indian country within their borders have separate Indian country NUSAs. The annual process for allocating allowances from the NUSAs and Indian country NUSAs to eligible units is set forth in the CSAPR regulations at 40 CFR 97.411(b) and 97.412 (NO X Annual Trading Program), 97.511(b) and 97.512 (NO X Ozone Season Trading Program), 97.611(b) and 97.612 (SO 2 Group 1 Trading Program), and 97.711(b) and 97.712 (SO 2 Group 2 Trading Program). Each NUSA allowance allocation process involves up to two rounds of allocations to new units followed by the allocation to existing units of any allowances not allocated to new units. EPA provides public notice at certain points in the
process.

EPA has already completed the first round of allocations of 2016 NUSA allowances for all four CSAPR trading programs, as announced in notices previously published in the Federal Register

. 3 The first-round NUSA allocation process was discussed in those previous notices.

In the case of second-round allocations of NUSA allowances, the annual allocations for the CSAPR NO X Ozone Season Trading Program occur before the annual allocations for the other three CSAPR trading programs because of differences in the emissions reporting and compliance deadlines for the various programs. This notice concerns the second round of NUSA allowance allocations for the CSAPR NOx Ozone Season Trading Program for the 2016 control period. 4

The units eligible to receive secondround NUSA allocations for the CSAPR NO X Ozone Season Trading Program are defined in §§ 97.511(a)(1)(iii) and 97.512(a)(9)(i). Generally, eligible units include any CSAPR-affected unit that commenced commercial operation between May 1 of the year before the control period in question and August 31 of the year of the control period in question. In the case of the 2016 control period, an eligible unit therefore must have commenced commercial operation between May 1, 2015 and August 31, 2016 (inclusive).

The total quantity of allowances to be allocated through the 2016 NUSA allowance allocation process for each state and emissions trading program—in the two rounds of the allocation process combined—is generally the state’s 2016 emissions budget less the sum of (1) the total of the 2016 CSAPR FIP allowance allocations to existing units and (2) the amount of the 2016 Indian country NUSA, if any. 5 The amounts of CSAPR NO X Ozone Season NUSA allowances may be increased in certain circumstances as set forth in § 97.512(a)(2).

Second-round NUSA allocations for a given state, trading program, and control period are made only if the NUSA contains allowances after completion of the first-round allocations.

The amounts of second-round CSAPR NO X Ozone Season allowance allocations to eligible new units from each NUSA are calculated according to the procedures set forth in § 97.512(a)(9), (10) and (12). Generally, the procedures call for each eligible unit to receive a second-round 2016 NUSA allocation equal to the positive difference, if any, between its emissions during the 2016 NO X ozone season ( i.e., May 1, 2016 through September 30, 2016) as reported under 40 CFR part 75 and any first-round allocation the unit received, unless the total of such allocations to all eligible units would exceed the amount of allowances in the NUSA, in which case the allocations are reduced on a pro-rata basis.

Any allowances remaining in the CSAPR NO X Ozone Season NUSA for a given state and control period after the second round of NUSA allocations to new units will be allocated to the existing units in the state according to the procedures set forth in § 97.512(a)(10) and (12).

EPA notes that an allocation or lack of allocation of allowances to a given EGU does not constitute a determination that CSAPR does or does not apply to the EGU. EPA also notes that allocations are subject to potential correction if a unit to which NUSA allowances have been allocated for a given control period is not actually an affected unit as of the start of that control period. 6

The preliminary lists of units eligible for second-round 2016 NUSA allocations of CSAPR NO X Ozone Season allowances are set forth in an Excel spreadsheet titled ‘‘CSAPR

_ NUSA

_ 2016

_NOx

_ OS

_ 2nd

_Round

_ Prelim

_Data’’ available on EPA’s Web site at http://www.epa.gov/ crossstaterule/actions.html. The spreadsheet contains a separate worksheet for each state covered by that program showing each unit preliminarily identified as eligible for a second-round NUSA allocation.

Each state worksheet also contains a summary showing (1) the quantity of allowances initially available in that state’s 2016 NUSA, (2) the sum of the 2016 NUSA allowance allocations that were made in the first-round to new units in that state (if any), and (3) the quantity of allowances in the 2016 NUSA available for distribution in


### 63158 Federal Register / Vol. 81, No. 178 / Wednesday, September 14, 2016 / Proposed Rules

second-round allocations to new units (or ultimately for allocation to existing units).

Objections should be strictly limited to whether EPA has correctly identified the new units eligible for second-round 2016 NUSA allocations of CSAPR NO X Ozone Season allowances according to the criteria described above and should be emailed to the address identified in

**ADDRESSES**

**.** Objections must include: (1) Precise identification of the specific data the commenter believes are inaccurate, (2) new proposed data upon which the commenter believes EPA should rely instead, and (3) the reasons why EPA should rely on the commenter’s proposed data and not the data referenced in this notice.

Authority: 40 CFR 97.511(b). Dated: September 7, 2016. Reid P. Harvey, Director, Clean Air Markets Division, Office of Atmospheric Programs, Office of Air and Radiation.
[FR Doc. 2016–22090 Filed 9–13–16; 8:45 am]

**BILLING CODE 6560–50–P**

**ENVIRONMENTAL PROTECTION AGENCY** 

**40 CFR Part 131**

**[EPA–HQ–OW–2015–0392; FRL–9952–39– OW]** 

**RIN 2040–AF61**

**Water Quality Standards; Establishment of Revised Numeric**  **Criteria for Selenium for the San Francisco Bay and Delta, State of**  **California; Extension of Public Comment Period** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Proposed rule; extension of comment period.

**SUMMARY :**  The Environmental Protection Agency (EPA) is extending the comment period for the proposed rule, ‘‘Water Quality Standards; Establishment of Revised Numeric Criteria for Selenium for the San Francisco Bay and Delta, State of California.’’ In response to stakeholder requests, EPA is extending the comment period for an additional 45 days, from September 13, 2016, to October 28, 2016.

**DATES :**  The comment period for the proposed rule that published on July 15, 2016 (81 FR 46030) has been extended. Comments must be received on or before October 28, 2016.

**ADDRESSES :**  Submit your comments, identified by Docket ID No. EPA–HQ– OW–2015–0392, to the Federal eRulemaking Portal: http:// www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission ( i.e., on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/ commenting-epa-dockets.

**FOR FURTHER INFORMATION CONTACT :**  Julianne McLaughlin, Office of Water, Standards and Health Protection Division (4305T), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number: (202) 566–2542; email address: Mclaughlin.Julianne@
epa.gov; or Diane E. Fleck, P.E., Esq., Water Division (WTR–2–1), U.S. Environmental Protection Agency Region 9, 75 Hawthorne Street, San Francisco, CA 94105; telephone number (415) 972–3527; email address: Fleck.Diane@EPA.gov.

**SUPPLEMENTARY INFORMATION :**  On July 15, 2016, EPA published the proposed rule, ‘‘Water Quality Standards; Establishment of Revised Numeric Criteria for Selenium for the San Francisco Bay and Delta, State of California’’ in the Federal Register (81 FR 46030). EPA proposes to revise the current federal Clean Water Act selenium water quality criteria applicable to the San Francisco Bay and Delta to ensure that the criteria are set at levels that protect aquatic life and aquatic-dependent wildlife, including federally listed threatened and endangered species.

The original deadline to submit comments on the proposed rule was September 13, 2016. This action extends the comment period for 45 days. Written comments must now be received on or before October 28, 2016.

For more information on this proposed rule, please visit https:// epa.gov/wqs-tech/water-qualitystandards-establishment-revisednumeric-criteria-selenium-sanfrancisco-bay.

Dated: September 7, 2016. Michael H. Shapiro, Deputy Assistant Administrator, Office of Water.
[FR Doc. 2016–22087 Filed 9–13–16; 8:45 am]

**BILLING CODE 6560–50–P**

**DEPARTMENT OF DEFENSE**

**GENERAL SERVICES ADMINISTRATION** 

**NATIONAL AERONAUTICS AND SPACE ADMINISTRATION** 

**48 CFR Part 49**

**[FAR Case 2015–039; Docket No. 2015– 0039, Sequence No. 1]** 

**RIN 9000–AN26**

**Federal Acquisition Regulation: Audit of Settlement Proposals** 

**AGENCY :**  Department of Defense (DoD), General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA).

**ACTION :**  Proposed rule.

**SUMMARY :**  DoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to raise the dollar threshold requirement for the audit of prime contract settlement proposals and subcontract settlements from $100,000 to $750,000.

**DATES :**  Interested parties should submit written comments to the Regulatory Secretariat Division at one of the addresses shown below on or before November 14, 2016 to be considered in the formation of the final rule.

**ADDRESSES :**  Submit comments in response to FAR case 2015–039 by any of the following methods:

• Regulations.gov: http:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘FAR Case 2015–039’’. Select the link ‘‘Comment Now’’ that corresponds with ‘‘FAR Case 2015– 039.’’ Follow the instructions provided on the screen. Please include your name, company name (if any), and ‘‘FAR Case 2015–039’’ on your attached document.

• Mail: General Services Administration, Regulatory Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd Floor, Washington, DC 20405.
Instructions: Please submit comments only and cite FAR Case 2015–039, in all