33636 Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules 

1The 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:// 

www3.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). 

2The 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. 

3At this time, EPA is not aware of any unit 

eligible for a first-round allocation from any Indian 

country NUSA. 

4The 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 

implications and will not impose 

substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). However, 

consistent with EPA policy, the EPA 

provided a consultation opportunity to 

the Spokane Tribe in a letter dated 

September 11, 2015. The EPA did not 

receive a request for consultation. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, and 

Reporting and recordkeeping 

requirements. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: May 13, 2016. 

Dennis J. McLerran, 

Regional Administrator, Region 10. 

[FR Doc. 2016–12529 Filed 5–26–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 97 

[FRL–9947–02–OAR] 

Availability of Data on Allocations of 

Cross-State Air Pollution Rule 

Allowances From New Unit Set-Asides 

for the 2016 Compliance Year 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of data 

availability (NODA). 

SUMMARY: The Environmental Protection 

Agency (EPA) is providing notice of the 

availability of preliminary calculations 

of emission allowance allocations to 

certain units 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 allocated 

to eligible units from each new unit setaside (NUSA) under the FIPs are 

calculated in an annual one- or tworound allocation process. EPA has 

completed preliminary calculations for 

the first round of NUSA allowance 

allocations for the 2016 compliance year 

and has posted spreadsheets containing 

the calculations on EPA’s Web site. EPA 

will consider timely objections to the 

preliminary calculations (including 

objections concerning the identification 

of units eligible for allocations) and will 

promulgate a notice responding to any 

such objections no later than August 1, 

2016, the deadline for recording the 

first-round allocations in sources’ 

Allowance Management System 

accounts. This notice may concern 

CSAPR-affected units in the following 

states: Alabama, Arkansas, Florida, 

Georgia, Illinois, Indiana, Iowa, Kansas, 

Kentucky, Louisiana, Maryland, 

Michigan, Minnesota, Mississippi, 

Missouri, Nebraska, New Jersey, New 

York, North Carolina, Ohio, Oklahoma, 

Pennsylvania, South Carolina, 

Tennessee, Texas, Virginia, West 

Virginia, and Wisconsin. 

DATES: Objections to the information 

referenced in this notice must be 

received on or before June 27, 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 compliance years 

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 (NOX Annual Trading Program), 

97.511(b) and 97.512 (NOX Ozone 

Season Trading Program), 97.611(b) and 

97.612 (SO2 Group 1 Trading Program), 

and 97.711(b) and 97.712 (SO2 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. This notice concerns 

preliminary calculations for the first 

round of NUSA allowance allocations 

for the 2016 compliance year.3

The units eligible to receive firstround NUSA allocations are defined in 

§§ 97.412(a)(1), 97.512(a)(1), 

97.612(a)(1), and 97.712(a)(1). 

Generally, eligible units include any 

CSAPR-affected unit that has not been 

allocated allowances as an existing unit 

as well as certain units that have been 

allocated allowances as existing units 

but whose allocations have been 

deducted or not recorded because of 

corrections or multi-year breaks in 

operations. EPA notes that a valid 

allowance allocation may consist of zero 

allowances; thus, an existing unit 

specifically allocated zero allowances in 

the spreadsheet of CSAPR FIP 

allowance allocations to existing units is 

generally ineligible to receive a NUSA 

allowance allocation. 

The quantity of allowances to be 

allocated through the 2016 NUSA 

allowance allocation process for each 

state and emissions trading program 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.4


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 81, No. 103 / Friday, May 27, 2016 / Proposed Rules 33637 

97.710(a) because of rounding in the spreadsheet of 

CSAPR FIP allowance allocations to existing units. 

5Subsequent allocations of any allowances 

remaining in any 2016 NUSA after first-round 

allocations will be addressed in future notices. Any 

such allocations will be made according to the 

procedures set forth in §§ 97.412(a)(9), (10) and 

(12), 97.512(a)(9), (10) and (12), 97.612(a)(9), (10) 

and (12), and 97.712(a)(9), (10) and (12). Generally, 

new units that commenced commercial operations 

in 2015 or 2016 will receive second-round 2016 

NUSA allocations sufficient to bring the totals of 

their first- and second-round allocations up to their 

2016 emissions as reported under 40 CFR part 75 

unless the total of such second-round allocations 

for all eligible units would exceed the remaining 

amount of allowances in the NUSA, in which case 

the second-round allocations will be reduced on a 

pro-rata basis. Any allowances remaining in any 

NUSA after second-round allocations to new 

units—along with any allowances remaining in any 

corresponding Indian country NUSA—will be 

allocated to the state’s existing units in proportion 

to their respective 2016 CSAPR FIP allocations of 

non-NUSA allowances. 

The amounts of NUSA allowances may 

be increased in certain circumstances as 

set forth in §§ 97.412(a)(2), 97.512(a)(2), 

97.612(a)(2), and 97.712(a)(2). 

The amounts of first-round allocations 

to eligible units from each NUSA are 

calculated according to the procedures 

set forth in §§ 97.412(a)(3)–(7) and (12), 

97.512(a)(3)–(7) and (12), 97.612(a)(3)– 

(7) and (12), and 97.712(a)(3)–(7) and 

(12). Generally, the procedures call for 

each eligible unit to receive a first-round 

2016 NUSA allocation equal to its 2015 

emissions as reported under 40 CFR part 

75 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.5

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. 

The detailed unit-by-unit data and 

preliminary allowance allocation 

calculations are set forth in Excel 

spreadsheets titled 

‘‘CSAPR_NUSA_2016_NOX_Annual_1st

_Round_Prelim_Data’’, ‘‘CSAPR_

NUSA_2016_NOX_OS_1st_Round

_Prelim_Data’’, and ‘‘CSAPR_

NUSA_2016_SO2_1st_Round_Prelim

_Data,’’ available on EPA’s Web site at 

http://www3.epa.gov/crossstaterule/ 

actions.html. The three spreadsheets 

show EPA’s initial determinations of 

2016 NUSA allocations for new units 

subject to the CSAPR NOX Annual, NOX

Ozone Season, and SO2 (Group 1 and 

Group 2) trading programs, respectively. 

Each of the spreadsheets contains a 

separate worksheet for each state 

covered by that program showing, for 

each unit identified as eligible for a 

first-round NUSA allocation, (1) the 

unit’s emissions in the 2015 control 

period (annual or ozone season as 

applicable), (2) the maximum firstround 2016 NUSA allowance allocation 

for which the unit is eligible (typically 

the unit’s emissions in the 2015 control 

period), (3) various adjustments to the 

unit’s maximum allocation, many of 

which are necessary only if the NUSA 

pool is oversubscribed, and (4) the 

preliminary calculation of the unit’s 

first-round 2016 NUSA allowance 

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 

first-round 2016 NUSA allowance 

allocations that will be made to new 

units in that state, assuming there are no 

corrections to the data, and (3) the 

quantity of allowances that would 

remain in the 2016 NUSA for use in 

second-round allocations to new units 

(or ultimately for allocation to existing 

units), again assuming there are no 

corrections to the data. 

Objections should be strictly limited 

to the data and calculations upon which 

the NUSA allowance allocations are 

based and should be emailed to the 

address identified in ADDRESSES. 

Objections must include: (1) Precise 

identification of the specific data and or 

calculations the commenter believes are 

inaccurate, (2) new proposed data and 

or calculations upon which the 

commenter believes EPA should rely 

instead to determine allowance 

allocations, and (3) the reasons why 

EPA should rely on the commenter’s 

proposed data and or calculations and 

not the data referenced in this notice. 

Authority: 40 CFR 97.411(b), 97.511(b), 

97.611(b), and 97.711(b). 

Dated: May 19, 2016. 

Reid P. Harvey, 

Director, Clean Air Markets Division, Office 

of Atmospheric Programs, Office of Air and 

Radiation. 

[FR Doc. 2016–12485 Filed 5–26–16; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Parts 502, 503, 515, 520, 530, 

535, 540, 550, 555, and 560 

[Docket No. 16–06] 

RIN 3072–AC34 

Update of Existing and Addition of 

New User Fees 

AGENCY: Federal Maritime Commission. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Federal Maritime 

Commission (Commission) proposes 

amending its current user fees and 

invites public comment on whether the 

Commission should amend its user fees. 

Specifically, the Commission proposes 

increasing fees for: Filing complaints 

and certain petitions; records searches, 

document copying, and admissions to 

practice; paper filing of ocean 

transportation intermediary (OTI) 

applications; filing applications for 

special permission; and filing 

agreements. 

The Commission also proposes 

lowering fees for: Reviewing Freedom of 

Information Act (FOIA) requests; 

revising clerical errors on service 

contracts; Revising clerical errors on 

non-vessel-operating common carrier 

(NVOCC) service agreements; and 

Commission services to passenger vessel 

operators (PVOs). 

In addition, the Commission proposes 

repealing four existing fees for: Adding 

interested parties to a specific docket 

mailing list; the Regulated Persons 

Index database; database reports on 

Effective Carrier Agreements; and filing 

petitions for rulemaking. The 

Commission also proposes adding a new 

fee for requests for expedited review of 

an agreement filing. 

DATES: Comments are due on or before 

June 27, 2016. 

ADDRESSES: You may submit comments, 

identified by the docket number in the 

heading of this document, by any of the 

following methods: 

• Email: secretary@fmc.gov. Include 

in the subject line: ‘‘Docket No. 16–06, 

Comments on ‘‘Update of User Fees.’’ 

Comments should be attached to the 

email as a Microsoft Word or textsearchable PDF document. Comments 

containing confidential information 

should not be submitted by email. 

• Mail: Karen V. Gregory, Secretary, 

Federal Maritime Commission, 800 

North Capitol Street NW., Washington, 

DC 20573–0001. Phone: (202) 523–5725. 

Email: secretary@fmc.gov. 

• Docket: For access to the docket to 

read background documents or 

comments received, go to: http://

www.fmc.gov/16-06. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001. Phone: (202) 523–5725. 

Email: secretary@fmc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission’s current user fees are 

based on an assessment of fiscal year 

2004 costs and have not been updated 


rmajette on DSK2TPTVN1PROD with PROPOSALS