[Federal Register: September 2, 2010 (Volume 75, Number 170)]
[Notices]
[Page 53961]
[DOCID:fr02se10-45]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13793-000]

Pajuela Peak Hydro, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

August 26, 2010.
    On May 20, 2010, Pajuela Peak Hydro, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Pajuela Peak Pumped Storage
Project, located in Kern County, in the state of California. The sole
purpose of a preliminary permit, if issued, is to grant the permit
holder priority to file a license application during the permit term. A
preliminary permit does not authorize the permit holder to perform any
land disturbing activities or otherwise enter upon lands or waters
owned by others without the owners' express permission.
    The proposed project would consist of the following developments:
    (1) A proposed 235-ft concrete upper dam with a 1,530-ft length at
crest and hydraulic head of 1,465 feet; (2) a proposed 50-ft zoned
earth and rockfill lower dam with a 5,896-ft length at crest; (3) four
proposed steel penstocks; (4) a proposed upper reservoir with a surface
area of 80 acres and a storage capacity of 5,964 acre-feet and maximum
water surface elevation of 5,425 feet mean sea level; (5) a proposed
lower reservoir with a surface area of 60 acres and a storage capacity
of 5,964 acre-feet and maximum water surface elevation of 4,060 feet
mean sea level; (6) a proposed unlined upper low-pressure tunnel 2,500
ft-long conduit with a diameter of 14.7 feet; (7) a proposed high
pressure tunnel 3,114 ft-long conduit with a diameter of 14.7 feet (8)
a proposed powerhouse containing one 150 MW and two 50 MW reversible
pump/turbine generating units having an installed capacity of 250
megawatts; (9) a proposed 230 kV line interconnection with either of
two SCE substations or a LADWP line. The proposed development would
have an average annual generation of 766,500 megawatt-hours.
    Applicant Contact: Matther Shapiro, CEO; Gridflex Energy, LLC; 1210
W. Franklin Street, Ste. 2; Boise, ID 83702;<PHONE_NUMBER>.
    FERC Contact: Mary Greene,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
(http://www.ferc.gov/docs-filing/ferconline.asp) under the ``eFiling''
link. For a simpler method of submitting text only comments, click on
``Quick Comment.'' For assistance, please contact FERC Online Support
at<EMAIL_ADDRESS>call toll-free at<PHONE_NUMBER>; or,
for TTY, contact<PHONE_NUMBER>. Although the Commission strongly
encourages electronic filing, documents may also be paper-filed. To
paper-file, mail an original and eight copies to: Kimberly D. Bose,
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    More information about this project, including a copy of the
application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13793) in the docket number field to access
the document. For assistance, contact FERC Online Support.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-21964 Filed 9-1-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 88 (Monday, May 8, 2023)]
[Notices]
[Pages 29666-29670]
[FR Doc No: 2023-09802]

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ENVIRONMENTAL PROTECTION AGENCY

[Docket No. EPA-HQ-OAR-2023-0216: FRL-10833-01-OAR]

Development of Guidance for Zero-Emission Clean Heavy-Duty
Vehicles, Port Equipment, and Fueling Infrastructure Deployment Under
the Inflation Reduction Act Funding Programs

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice; request for information (RFI).

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SUMMARY: To support development of potentially multiple funding
programs under the Inflation Reduction Act of 2022, EPA invites public
comment to inform the availability of zero-emission technologies in the
heavy-duty vehicle and port sectors. Although EPA already has
considerable information about the availability of certain types of
these technologies, in order to ensure that EPA has the most
comprehensive and current information available in this dynamic space,
EPA is inviting this comment. EPA is especially interested in comments
detailing the availability, market price, and performance of zero-
emission trucks, zero-emission port equipment, electric charging and
other fueling infrastructure needs for zero-emission technologies in
the near term (1-3 years, and 1-5 years for port equipment), and
whether the components of these systems are manufactured in the United
States. The Build America Buy America Act (BABA) requires iron, steel,
manufactured products, and construction materials used in
infrastructure projects funded by federal financial assistance to be
produced in the United States. While BABA provides the opportunity for
EPA to issue certain waivers to these requirements, approval depends on
many factors, including the price and availability of domestically
sourced materials and products. With responses to this RFI EPA seeks to
improve in particular the Agency's understanding of availability and
differences in zero-emission class 6 and 7 trucks, zero-emission trucks
that serve ports and port equipment as well as their related charging
and fueling infrastructure requirements. This information will enable
EPA to effectively design programs to expeditiously fund currently
available zero-emission technologies as well as consider allowances,
such as longer project timeframes, for specific technologies.

DATES: Comments must be received on or before June 5, 2023, to allow
for their consideration during development of these funding programs.
EPA may consider comments received after the due date to the extent
practicable.

ADDRESSES: You may submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2023-0216, by any of the following methods:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for submitting
comments;
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, OAR Docket ID No. EPA-HQ-OAR-2023-0216, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460;
     Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m. EST.,
Monday through Friday, except Federal holidays.
    Instructions: All submissions received must include the Docket ID
No. EPA-HQ-OAR-2023-0216. Comments received may be posted without
change to https://www.regulations.gov, including any personal
information provided.

FOR FURTHER INFORMATION CONTACT: Dennis Johnson, Manager, Technology
Assessment Branch,<PHONE_NUMBER>, or via email at
[email protected]. U.S. EPA, Room: WJC-North 5512DD,

Mail Code: 6406A, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
Office hours are from 8 a.m. to 4:30 p.m. EST Monday through Friday,
except Federal holidays.

SUPPLEMENTARY INFORMATION: In this RFI, the Agency provides a brief
background on the Clean Heavy-Duty Vehicle and Clean Ports Programs
under the IRA, background information on BABA provisions, and then
describes five areas of interest. The RFI then requests comments and
responses to specific topics in each of these areas of interest. This
RFI also includes guidance on submitting comments, procedures for
submitting confidential business information as well as where to find
additional information.

Responding to This RFI

    Please indicate in your written comments the topic number(s) below
you are commenting on and provide specific examples or information to
illustrate your comments where possible. Please follow the instructions
on https://www.regulations.gov and the docket website for submitting
comments, but do not submit electronically any information you consider
to be Confidential Business Information (CBI) or other information
whose disclosure is restricted by statute as there are separate
instructions below for submitting CBI. Once submitted, comments cannot
be edited or removed from the docket. You do not need to address every
topic and should focus on those where you have relevant expertise or
experience. The EPA may publish any comment received to its public
docket or to https://www.regulations.gov without change, including any
personal information provided. 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. In all cases, to the extent possible, please
cite any public data related to or that support your responses. If data
are available, but non-public, describe such data to the extent
permissible. 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).

Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this RFI contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this RFI, it is important that you
clearly designate the submitted comments as CBI. Pursuant to 40 CFR
part 2, you may ask EPA to give confidential treatment to information
you give to the Agency by taking the following steps: (1) Mark each
page of the original document submission containing CBI as
``Confidential''; (2) send EPA, along with the original document, a
second copy of the original document with the CBI deleted; and (3)
explain why the information you are submitting is CBI. Unless you are
notified otherwise, EPA will treat such marked submissions as
confidential under the FOIA, and they will not be placed in the public
docket of this RFI. Submissions containing CBI should be sent to Dennis
Johnson, Manager, Technology Assessment Branch, via email at
[email protected] or to Dennis Johnson, U.S. EPA, Room: WJC North
5512DD, Mail Code: 6406A, 1200 Pennsylvania Avenue NW, Washington, DC
20460. Any comment submissions that EPA receives that are not
specifically designated as CBI will be placed in the public docket for
this matter.

Background

    In this section the Agency provides background information on two
programs in the Inflation Reduction Act (IRA). The IRA enacted as
Public Law 117-169 (August 16, 2022), includes important new programs
to address climate change by reducing greenhouse gas emissions and to
improve air quality through use of zero-emission vehicles and
equipment. Among these programs is a (1) Clean Heavy-Duty Vehicles
Program, and (2) Grants to Reduce Air Pollution at Ports Program. These
programs provide funding that EPA will distribute to eligible
recipients.
    The Clean Heavy-Duty Vehicles (HDV) Program directs the
Administrator to make awards of grants and rebates to eligible
recipients and to make contracts to eligible contractors for providing
rebates ($1 billion total). Eligible recipients include states,
municipalities, Indian Tribes, or nonprofit school transportation
associations. Eligible contractor means a contractor that has the
capacity; (A) to sell, lease, license, or contract for service zero-
emission vehicles, or charging or other equipment needed to charge,
fuel, or maintain zero-emission vehicles, or to contract for service an
eligible vehicle, or (B) to arrange financing for such a sale, lease,
license, or contract for service. Funding can be for up to 100% of the
costs for (1) the incremental costs of replacing an eligible class 6 or
7 heavy-duty vehicle with a zero-emission vehicle (2) purchasing,
installing, operating and maintaining infrastructure needed to charge,
fuel or maintain zero-emission vehicles; (3) workforce development and
training to support the maintenance, charging, fueling and operation of
zero-emission vehicles; and (4) planning and technical activities to
support the adoption and deployment of zero-emission vehicles.
    The Grants to Reduce Air Pollution at Ports Program (hereafter
``Clean Ports Program'') provides the Administrator funding to award
rebates and grants to eligible recipients on a competitive basis ($3
billion total). Rebate and grant funding may be used: (A) to purchase
or install zero-emission port equipment or technology for use at or to
directly serve, one or more ports; (B) to conduct any relevant planning
or permitting in connection with the purchase or installation of such
zero-emission port equipment or technology; and (C) to develop
qualified climate action plans. Eligible recipients include: (A) a port
authority; (B) a state, regional, local or Tribal Agency that has
jurisdiction over a port authority or a port; (C) an air pollution
control agency; or (D) a private entity that (i) applies for a grant in
partnership with an entity described in (A) through (C) and (ii) and
owns, operates, or uses the facilities, cargo-handling equipment,
transportation equipment or related technology of a port. Zero-emission
port equipment or technology means a human-operated equipment or human-
maintained technology that; (A) produces zero emissions of any air
pollutant or any greenhouse gas other than water vapor; or (B) captures
100 percent of the emissions produced by an ocean-going vessel at
berth.
    Zero-emission vehicles and equipment are increasingly being offered
for sale in the commercial truck and ports markets. Current options
include vehicles powered by electricity and hydrogen. The Agency is
aware of many of these product offerings. However, given the wide range
of potential vehicles and equipment that could be considered for
funding under the Clean HDV and Clean Ports Programs, EPA believes it
is critical to provide an opportunity for all stakeholders (e.g.,
manufacturers, distributors, installers, fleet operators, port
operators) to share information about their products and firsthand
experience with zero-emission technologies if they so choose, in order

to give EPA the broadest understanding possible of potential vehicles
and equipment eligible to fund.
    Charging and Fueling Infrastructure: Through the Clean HDV and
Clean Ports programs, EPA may fund charging and other fueling
infrastructure as an eligible expense in supporting zero-emission
heavy-duty vehicle and port equipment projects. To this end, the Agency
seeks information on the manufacturing and assembly of electric
charging and other fueling infrastructure for zero-emission commercial
vehicles and port equipment, such as whether zero-emissions fueling
infrastructure manufactured in the United States can comply with
applicable BABA requirements. This RFI is intended to: (A) help EPA
better understand whether and to what extent domestic sourcing is
available now, or may be possible in the near future, for electric
charging and other fueling equipment and components; (B) ensure
domestic manufacturers have the opportunity to identify any electric
vehicle (EV) charger and fueling equipment meeting applicable BABA
requirements; (C) ensure domestic manufacturers have the opportunity to
identify any electric charging and other fueling equipment that could
meet a domestic final assembly condition, and identify the portion of
components that could meet a domestic manufacturing requirements; and
(D) highlight benefits of shifting manufacturing processes to the
United States.
    Through this RFI, EPA seeks information regarding the availability
of zero-emission heavy-duty vehicle and port equipment, electric
chargers and fueling equipment, such as for hydrogen, that is
manufactured and/or assembled in the United States, including whether
they comply with applicable BABA requirements. EPA is not aware of any
zero-emission heavy-duty vehicle or port equipment electric chargers or
fueling equipment that currently meets applicable BABA requirements for
steel and iron or manufactured products. The Agency is interested in
promptly obtaining more information on this issue and others discussed
in this notice to assess if sufficient quantities of equipment are
currently available to comply with BABA requirements or whether
sufficient equipment would be available in the near future.

Build America Buy America Act

    In January 2021, the President issued Executive Order (E.O.) 14005,
titled ``Ensuring the Future is Made in All of America by All of
America's Workers.'' 86 FR 7475 (Jan. 28, 2021). E.O. 14005 states that
the United States Government ``should, consistent with applicable law,
use terms and conditions of Federal financial assistance awards and
Federal procurements to maximize the use of goods, products, and
materials produced in, and services offered in, the United States.''
The EPA is committed to ensuring strong and effective Buy America
implementation consistent with E.O. 14005. At the same time, the EPA
must also consider how to ensure that electric chargers and fueling
equipment, such as for hydrogen, are widely available in the immediate
future to implement EPA-funded projects throughout the United States
and its territories in a timely and cost-effective manner.
    On November 15, 2021, President Biden signed into law the
Infrastructure Investment and Jobs Act (``IIJA''), Public Law 117-58,
which includes the Build America, Buy America (BABA) Act. Public Law
117-58, sections 70901-52. The Act strengthens Made in America Laws and
will bolster America's industrial base, protect national security, and
support high-paying jobs. The Act requires that the head of each
covered Federal agency ensure that ``none of the funds made available
for a Federal financial assistance program for infrastructure,
including each deficient program, may be obligated for a project unless
all of the iron, steel, manufactured products, and construction
materials used in the project are produced in the United States''
(Build America, Buy America (BABA) Act, Pub. L. 117-58, Sections 70911-
70917), unless a waiver is granted.\1\ This means that the manufactured
product was manufactured in the United States, and the cost of the
components of the manufactured product that are mined, produced, or
manufactured in the United States is greater than 55 percent of the
total cost of all components of the manufactured product, unless
another standard for determining the minimum amount of domestic content
of the manufactured product has been established under applicable law
or regulation. IIJA section 70912(6)(B). For all steel or iron
materials used in infrastructure projects that involve the obligation
of federal financial assistance, manufacturing processes, including
application of a coating, must occur in the United States. Coating
includes all processes which protect or enhance the value of the
material to which the coating is applied. Such projects involve both
the acquisition and installation of such equipment. These requirements
apply to the obligation of all federal financial assistance for
infrastructure projects, including IRA funds. EPA is committed to
ensuring strong and effective Buy America implementation consistent
with E.O. 14005. In implementing the IRA Clean HDV and Ports Programs,
EPA will ensure compliance with BABA requirements.
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    \1\ OMB M-22-11, https://www.whitehouse.gov/wp-content/uploads/2022/04/M-22-11.pdf.
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Request for Comments and Information

    In this section, the Agency describes general areas of interest to
be addressed in these topics. To inform development of the Clean HDV
and Clean Ports Programs, EPA requests comments and information from
the public on the following five areas of interest:
    A. Technology Availability and Market-Readiness: EPA recognizes
that some zero-emission heavy-duty trucks are currently being marketed
for sale. Consequently, EPA requests current and expected near term
(within 1, 2, and 3 years) availability of potentially eligible zero-
emission class 6 (gross vehicle weight rating 19,501-26,000 pounds) and
class 7 (GVWR 26,001-33,000 pounds) vehicles, such as refuse haulers,
day cab tractors, cargo vans, school buses, and straight trucks.
Additionally, EPA is seeking responses to these same questions with
respect to commercial trucks that may be used at ports, such as zero-
emission service trucks and class 7 and 8 (GVWR >33,000 pounds) dray
trucks. EPA requests responses to the questions regarding the current
state of zero-emission port equipment and related fuel infrastructure
availability, including commercial readiness and production volumes,
for near-term as current capabilities, as well as in the 1-, 2-, 3- and
5-year timeframes.
    B. Performance: EPA requests information regarding current and
expected near-term characteristics of zero-emissions heavy-duty
vehicles (1 to 3 years) and port equipment (1 to 5 years) and related
fueling with regards to performance, reliability, and durability,
including standard and optional warranty information, and descriptions
of performance comparing the zero-emission truck or equipment to those
operating on conventional petroleum-based liquid fuels.
    C. Pricing: EPA requests information regarding current and expected
near-term market prices of zero-emission heavy-duty vehicles (1 to 3
years), port equipment (1 to 5 years) and related fueling
infrastructure, as well as the incremental costs relative to those

operating on conventional petroleum-based liquid fuels.
    D. Domestic Materials Sourcing and Manufacturing: EPA requests
information regarding the extent to which materials are sourced from
the U.S. and if manufacturing occurs in the U.S. to comply with BABA
requirements currently, or in the near-term, especially with respect to
electric charging and other fueling equipment.
    E. Other Practical Considerations: EPA requests information that
can inform implementation of zero-emission heavy-duty vehicle, port
equipment, and related charging/fueling infrastructure projects. Please
provide information such as necessary training, maintenance facility
modifications, required safety equipment and the availability of
hydrogen from different sources that produce zero-emissions.

Topics for Areas of Interest

    In this section, the Agency requests responses to specific topics.
Please indicate in your written comments the topic number(s) you are
commenting on and provide specific examples or information to
illustrate your comments where possible.

Topics

A. Technology Availability and Market-Readiness
    1. Using the following categories as a guide, please identify
specific types of vehicles or equipment that you are providing
information about in response to this RFI. For each item you identify,
please provide a description, and specify the type of powertrain (e.g.,
electric [non-battery], battery-electric, hydrogen fuel cell electric,
or other zero-emissions technologies).
    a. Zero-emissions class 6 and 7 vehicles: including but not limited
to school buses, refuse trucks, utility trucks, box trucks, cargo vans,
and day cab tractors.
    b. Zero-emission port equipment: including but not limited to port
dray trucks, cargo handling equipment, yard tractors, locomotives,
railcar movers, harbor craft, shore power, and technologies to capture
100 percent of emissions produced by an ocean-going vessel at berth.
    c. Zero-emissions fueling infrastructure: including but not limited
to heavy-duty electric vehicle, equipment, and locomotive chargers, as
well as hydrogen refueling infrastructure.
    2. For each of the items you identified in response to Topic 1,
please:
    a. Describe the current and the expected availability of the
equipment based on sales volumes, number and size of manufacturers, and
other key industry factors.
    b. Provide information on the near-term demand outlook for this
equipment. For entities that are eligible for funding, please describe
how many and what types of zero-emission heavy-duty vehicles and port
technologies you anticipate purchasing in the near-term.
    c. Provide information regarding whether the current and expected
near-term manufacturing capacity would be adequate to meet the expected
market demand, including anticipated federal funding. Please specify
any factors helping or preventing the industry from meeting the
expected demand today and in the near-term and provide information on
the availability of and materials used in key components such as
batteries, electric motors, high-voltage cables, storage tanks, pumps,
hoses, nozzles, enclosures, and required safety equipment.
    d. Provide information on whether various duty cycles affect
available power levels at the installation site and dwell times needed
for charging, whether charging is anticipated to happen on site or en
route, and how expected needs for zero-emission heavy-duty vehicles and
zero-emission port equipment might differ from what is commercially
available today and in the near-term timeframes.
    e. Please indicate to what extent it is human-operated equipment
and/or a human-maintained technology.
    f. Provide information on the current and expected near-term
average customer delivery time.
    3. For each of the items you identified in response to Topic 1.c.,
please describe the current and expected availability or unavailability
of components, such as, electrical plugs, transformers, electrical
switchgear, hydrogen storage tanks, pumps, hoses, nozzles, enclosures,
and required safety equipment.
    4. For each of the battery-electric and charger items you
identified in response to Topic 1, please describe the standard and
optional equipment specifications. Please specify the type of charging
included, e.g. whether it uses the SAE J1772 connector for AC charging
(also known as the Jplug), if it provides DC Fast Charging, if it uses
the Combine Charging System (CCS) connector, if it uses the CHAdeMO
connector, if it uses the Megawatt Charging System (MCS), and or
whether it uses an additional connector technology and what type,
whether it uses inductive charging, and other relevant information such
as maximum power rating (kW) and standards to which the equipment is
certified.
    5. For each of the battery-electric items you identified in
response to Topic 1, please describe whether and how the batteries can
be upgraded or replaced.
B. Performance
    6. For each item you identified in response to Topic 1, please:
    a. Describe the expected service life and long-term operation and
maintenance requirements relative to those operating on conventional
petroleum-based liquid fuels.
    b. Describe charging or fueling requirements. Potential items to
consider include: connections to the electric grid, including electric
distribution upgrades; vehicle-to-grid integration, including smart
charge management, bi-directional charging or other protocols that can
minimize impacts to the grid, alignment with electric distribution
interconnection processes; potentially unique charging systems (such as
for vessels or locomotives), multi-use charging stations to charge
different types of equipment, potential to charge multiple systems
concurrently; on-site energy storage; and potential use of renewable
energy sources to power charging, energy storage and/or hydrogen
production.
    c. Describe the original manufacturer's warranty. Please include
all applicable parameters, such as years, hours or miles of operation,
and number of charging cycles and as well as whether the warranty
covers the damage from any potential charger malfunction.
    d. Describe differences in performance and operational
characteristics between the zero-emission HDV or port equipment and the
comparable conventionally fueled counterpart. Please fully explain all
differences in capacity, speed, operating range, impacts on operation
due to ambient conditions or limitations in capabilities.
    7. For each of the battery-electric items you identified in
response to Topic 1, please:
    a. Identify all charger manufacturers or charger models with which
this item has been verified to have full technology compatibility or
other EV charging standards and how compliance was demonstrated. Please
provide information on how the technology compatibility was verified.
    b. Please describe what type of safety mechanisms are used to
protect battery packs from water intrusion, corrosion due to flooding
and salt, thermal runaway events, and/or other hazards.

C. Pricing
    8. For each of the items you identified in response to Topic 1,
please:
    a. Specify the current market price (or price range) and what is
included in that price. For example, in the case of chargers, please
specify whether it is for a complete charger pedestal, power equipment
and associated electrical system capable of charging one or more
vehicles. Please also specify if additional costs for installation and
commissioning are included.
    b. Provide information on the price outlook through calendar year,
and, where applicable, through the near-term future. Please identify
and describe any opportunities for reducing prices.
    c. Please also discuss the incremental and lifecycle costs as well
as the payback period relative to similar equipment or vehicles
operating on conventional petroleum-based liquid fuels. In addition to
the total cost, where possible, please provide cost information
itemized by category (for example: purchase of vehicles or equipment,
installation, maintenance, fuel/charging, insurance, other operating
expenses) and include the key assumptions used to estimate them.
    d. Please identify and describe any opportunities for reducing
prices of zero-emision technologies.
    e. Provide information regarding global supply chain constraints,
local permitting, safety requirements and needs that may increase
costs, impact delivery timeframes, or extend installation time.
    9. EPA is interested in better understanding the current lifetime
costs/Total Cost of Ownership (TCO) gap between electric and diesel
school buses as well as how that gap is expected to change over time.
For each of the TCO cost categories (a-c) listed here, please provide
cost estimates using the following parameters: a period of analysis of
10 years; a fleet size of 50 buses; and a 5-year straight line
depreciation schedule (please clearly state what alternative
assumptions have been made). Also, please clearly state what
assumptions have been made on geographic region of analysis and/or
specific districts; average vehicle life expectancy; sales tax; and
annual days of operation. To the extent other HD vehicle types, such as
dray trucks, can address the TCO in this fashion, please provide a
similar description for those vehicle types.
    a. Capital cost (CAPEX) categories: Vehicle, charging/fueling
infrastructure, residual value.
    b. Operating cost (OPEX) categories; Operating expense, fuel/
electricity, insurance, registration.
    c. Other (please specify).
D. Domestic Materials Sourcing and Manufacturing
    10. For each of the applicable items you identified in response to
Topic 1, please specify whether the product meets BABA requirements or
is currently manufactured in the United States to meet a domestic final
assembly condition. (Yes or No)
    11. If you answered ``Yes'' to Topic 10:
    a. Please identify all manufacturers that can either meet BABA
requirements or can currently manufacture equipment in the United
States.. For those that meet the condition of manufactured in the
United States, but do not meet the domestic content requirement, please
identify the percentage of components manufactured in the United States
as calculated by cost of components (if known).
    b. How many of each equipment type meeting BABA requirements or
manufactured in the United States conditions can be manufactured per
year during the next 5 years?
    c. What portion of the total market supply for each equipment type
do you estimate to be BABA compliant?
    d. What is the typical cost for the steel and iron used in this
equipment type?
    e. What percent of the total cost is typically represented by the
steel and iron used to manufacture this equipment type? If you cannot
provide the percent, please describe if it is more or less than 50% of
the total cost.
    f. Can the origins of the steel and iron used in this equipment
type be certified by documentation? If so, how?
    12. If you answered ``No'' to Topic 10:
    a. What steps can manufacturers take to increase equipment that
meets BABA requirements?
    b. What additional support is needed ensure a sufficient supply of
equipment that meets BABA requirements?
    c. How long might it take to undertake those steps?
    d. What is the volume of equipment that could be shifted to
manufacture in compliance with BABA requirements?
    e. Can that volume be ramped up over time, and if so at what annual
growth rate?
    13. For available zero-emission technologies, please describe any
differences between domestically manufactured or assembled and non-
domestic equipment. Please address any differences in supply
availability, price, replacement part delivery, functionality,
security, etc.
E. Other Practical Considerations for Program Design
    14. For each of the items you identified in response to Topic 1,
please provide examples of best practices relating to project
development, installation, and adoption of zero-emissions equipment and
related electric, hydrogen, or other fueling infrastructure you
identified in response to Topic 1.
    15. For each of the fueling infrastructure types you identified in
response to Question 1, please provide examples of the phases and time
required for planning, permitting, sourcing, delivering, and installing
this equipment.
    16. Please identify any unique factors for states, municipalities,
utilities, ports authorities, Indian Tribes, or nonattainment areas to
consider in developing zero-emission projects including necessary
charging or other fueling infrastructure.
    17. If known, please describe opportunities and best practices to:
    a. Maximize environmental benefits such as replacing the oldest,
highest use, highest emitting equipment with available zero emission
technologies.
    b. Maximize benefits with technologies to service one or more ports
and intermodal facilities to potentially share or coordinate charging/
fueling infrastructure.
    c. Leverage or improve zero-emission transport corridors.
    d. Maximize benefits for workforce development and jobs training
outcomes.
    e. Maximize benefits for disadvantaged communities and/or advancing
other environmental justice objectives.
    18. Please describe what specialized workforce expertise, including
key occupations, is needed to support the installation, use, and
maintenance of (1) clean heavy-duty vehicles, and (2) zero-emission
port equipment. What (if any) challenges do you anticipate in meeting
your expertise and capacity needs? How can these challenges be
effectively addressed?

    May 3, 2023.
Sarah Dunham,
Director, Office of Transportation and Air Quality.
[FR Doc. 2023-09802 Filed 5-5-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: May 24, 2006 (Volume 71, Number 100)]
[Rules and Regulations]
[Page 30037-30041]
[DOCID:fr24my06-17]

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Part IV

Securities and Exchange Commission

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17 CFR Part 242

Regulation NMS; Final Rule

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SECURITIES AND EXCHANGE COMMISSION

17 CFR Part 242

[Release No. 34-53829; File No. S7-10-04]

Regulation NMS

AGENCY: Securities and Exchange Commission.

ACTION: Final rule; extension of compliance dates.

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SUMMARY: The Commission is extending the compliance dates for Rule 610
and Rule 611 of Regulation NMS under the Securities Exchange Act of
1934 (``Exchange Act''). Rule 610 requires fair and non-discriminatory
access to quotations, establishes a limit on access fees, and requires
each national securities exchange and national securities association
to adopt, maintain, and enforce written rules that prohibit their
members from engaging in a pattern or practice of displaying quotations
that lock or cross protected quotations. Rule 611 requires trading
centers to establish, maintain, and enforce written policies and
procedures reasonably designed to prevent the execution of trades at
prices inferior to protected quotations displayed by other trading
centers, subject to an applicable exception. The Commission is
extending the compliance dates to give automated trading centers
additional time to finalize development of their new or modified
trading systems, and to give the securities industry sufficient time to
establish the necessary access to such trading systems.

DATES: The effective date for Rule 610 and Rule 611 remains August 29,
2005. The initial compliance date for Rule 610 and Rule 611 has been
extended from June 29, 2006 to a series of five dates, beginning on
October 16, 2006, for different functional stages of compliance that
are set forth in section II.A of this release. The effective date for
this release is May 24, 2006.

FOR FURTHER INFORMATION CONTACT: Raymond Lombardo, Special Counsel, at
(202) 551-5615, or David Liu, Attorney, at<PHONE_NUMBER>, Division of
Market Regulation, Securities and Exchange Commission, 100 F Street,
NE., Washington, DC 20549-6628.

SUPPLEMENTARY INFORMATION:

I. Introduction

    On June 29, 2005, the Commission published its release adopting
Regulation NMS (``NMS Release'').\1\ The adopted regulatory
requirements include: (1) New Rule 610 of Regulation NMS, which
addresses access to markets and locking or crossing quotations; (2) new
Rule 611 of Regulation NMS, which provides intermarket protection
against trade-throughs (i.e., trades at inferior prices) for certain
displayed quotations that are automated and accessible; and (3) an
amendment to the joint industry plans for disseminating market
information to the public that modifies the formulas for allocating
plan revenues to the self-regulatory organization (``SRO'')
participants in the plans (``Allocation Amendment'').
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    \1\ Securities Exchange Act Release No. 51808 (June 9, 2005), 70
FR 37496 (June 29, 2005).
---------------------------------------------------------------------------

    The effective date for all of the initiatives in the NMS Release
was August 29, 2005. The compliance dates for Rule 610, Rule 611, and
the Allocation Amendment have not yet arrived. Phase 1 of compliance
with Rule 610 and Rule 611 for 250 NMS stocks was set for June 29,
2006, and Phase 2 for all NMS stocks was set for August 31, 2006. The
compliance date for the Allocation Amendment is September 1, 2006. For
the reasons discussed below, the Commission has determined that the
SROs and securities industry participants need additional time to
implement these new NMS regulatory requirements. It therefore has
decided to extend the compliance dates for Rule 610 and Rule 611 as set
forth in this release. In addition, the Commission has today, by
separate order, exempted the SRO participants in the joint industry
plans from compliance with the Allocation Amendment until April 1,
2007.\2\
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    \2\ Securities Exchange Act Release No. 53828 (May 18, 2006)
(order exempting SROs from compliance with the Allocation Amendment
until April 1, 2007). See section II.B below.
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II. Extension of Compliance Dates

    One of the primary Exchange Act objectives for the national market
system (``NMS'') is to promote the efficient execution of securities
transactions by capitalizing on advances in communications and
processing technologies.\3\ Two of the core elements of Rule 610 and
Rule 611 are the display of automated quotations, as defined in Rule
600(b)(3), and the operation of automated trading centers, as defined
in Rule 600(b)(4). Automated trading centers displaying automated
quotations must, among other things, immediately respond to incoming
orders seeking to access the quotations and immediately update the
quotations. Under Rule 611, only automated quotations displayed by
automated trading centers will qualify as ``protected quotations''
under Rule 600(b)(58) and thereby receive intermarket protection
against trade-throughs. In addition, Rule 610(d) requires SROs to adopt
rules requiring their members reasonably to avoid displaying quotations
that lock or cross protected quotations. Finally, the Allocation
Amendment allocates market data revenues to SROs based partially on the
extent to which they display quotations that equal the national best
bid or offer in an NMS stock, but only if the quotations are automated.
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    \3\ See, e.g., Exchange Act section 11A(a)(1)(B),
11A(a)(1)(C)(i), and 11A(a)(1)(D); see also NMS Release, 70 FR at
37497.
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    Given the new regulatory framework created by Regulation NMS and
the desire of investors and other market participants for more
automated and efficient trading services, many SROs have announced
major revisions of their trading systems. For example, the New York
Stock Exchange LLC (``NYSE'') is implementing its Hybrid Market, which
is designed to integrate aspects of an auction market with automated
trading.\4\ The American Stock Exchange LLC (``Amex'') has proposed to
adopt a new trading platform that would offer both an electronic
marketplace and floor-based trading.\5\ The Boston Stock Exchange, Inc.
(``BSE'') plans to launch a new electronic trading system.\6\ The
Chicago Stock Exchange (``CHX'') has proposed to no longer operate a
physical trading floor and instead to adopt a new fully-automated
matching system.\7\ The Nasdaq Stock Market LLC (``Nasdaq'') has
proposed to integrate three different matching systems into a single,
integrated matching system.\8\ Finally, to qualify quotations displayed
in the Alternative Display Facility (``ADF'') as protected
quotations,\9\ the NASD must modify the ADF to designate a single
participant for the ADF best bid and a single participant for the ADF
best offer, because the ADF does not provide a single point of
connectivity to ADF quotations. ADF participants, in turn,

must meet the new automated trading center requirements discussed above
to qualify their quotations for trade-through protection, as well as
the new access standards of Rule 610(b)(1).
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    \4\ See Securities Exchange Act Release No. 53539 (March 22,
2006), 71 FR 16353 (March 31, 2006) (approval of NYSE rules
establishing the Hybrid Market). Information concerning NYSE's
Hybrid Market also is available at http://www.nyse.com.

    \5\ Information concerning Amex's proposed Auction and
Electronic Market Integration (AEMI) platform, including a proposed
rule change to establish the AEMI platform (SR-Amex-2005-104), is
available at http://www.amex.com.

    \6\ Information concerning BSE's planned electronic equities
trading market is available at http://www.bostonstock.com.

    \7\ Information concerning CHX's proposed rule change to
establish the new trading market (SR-CHX-2006-05) is available at
http://www.chx.com.

    \8\ Information concerning Nasdaq's proposed rule change to
establish an integrated matching system (SR-NASDAQ-2006-001) is
available at http://www.nasdaq.com.

    \9\ See NMS Release, 70 FR at 37534 (ADF best bid or offer must
be accessible by routing to a single ADF participant).
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    The SROs currently are in varying stages of development of their
new or modified trading systems. The ongoing nature of these changes to
SRO trading systems has seriously complicated the efforts of securities
industry participants to comply with the new NMS regulatory
requirements. The SROs intend that their new or modified SRO systems
would be automated trading centers and therefore sources of protected
quotations. In addition, the current participants in ADF, as well as
potentially new participants, have indicated their intent to be sources
of protected quotations when they represent the ADF best bid or offer.
To comply with Regulation NMS, industry participants must have clarity
concerning all sources of protected quotations. For example, any
industry participants that wish to rely on the exceptions in Rule
611(b)(5) and (6) for intermarket sweep orders (``ISOs'') must have
access to all sources of protected quotations to assure that they can
meet the ISO requirements of Rule 600(b)(30).\10\
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    \10\ See NMS Release, 70 FR at 37523.
---------------------------------------------------------------------------

    Industry participants therefore must develop policies, procedures,
and systems that will enable them to route orders to access the
protected quotations displayed by all of the new or modified SRO
trading systems and ADF participants. To establish the connectivity and
interfaces necessary to perform this function, industry participants
must receive final technical specifications for all automated trading
centers well in advance of the initial compliance date for trade-
through protection. In addition, given the novel features of many of
the new SRO trading systems, industry participants have indicated that
they need a period in time in which to gain practical experience
trading on the new systems, also in advance of the initial compliance
date for trade-through protection. Finally, all of these changes must
be implemented while trading continues in the most active equity
markets in the world. Each day, the U.S. equity markets handle trading
volume in NMS stocks of more than 3.9 billion shares and 120 billion
dollars. The implementation of Regulation NMS must be managed
appropriately so that it does not risk any disruption to the
functioning of our equity markets.
    The Commission fully supports the SROs' plans to develop more fully
automated trading systems. These SRO systems would represent a major
upgrade in the NMS that could benefit investors and all market
participants by providing platforms for more efficient trading. The
Commission also understands the need for industry participants to have
sufficient time to establish the necessary access to these new SRO
trading systems as they become operational. It therefore has decided to
extend substantially the original compliance dates for Rule 610 and
Rule 611. To provide the SROs and industry participants with greater
certainty concerning the phase-in of NMS implementation, the Commission
is adopting a series of revised compliance dates that incorporate the
major functional steps required to achieve full implementation of
Regulation NMS. The revised dates provide additional time for SROs to
develop and install their new trading systems, but also impose firm
deadlines for these functional steps to be completed. This systematic
approach to implementation should give all industry participants an
enhanced opportunity to complete their compliance preparations in the
least disruptive and most cost-effective manner possible.

A. Rule 610 and Rule 611 Compliance Dates

    The extended compliance dates for Rule 610 and Rule 611 are as
follows:
    October 16, 2006 (``Specifications Date''): Final date for
publication on Internet Web sites of applicable SROs (i.e., the
exchange for SRO trading facilities and the NASD for ADF participants)
of final technical specifications for interaction with Regulation NMS-
compliant trading systems of all automated trading centers (both SRO
trading facilities and ADF participants) that intend to qualify their
quotations for trade-through protection under Rule 611 during the
Pilots Stocks Phase and All Stocks Phase (as defined below).
    February 5, 2007 (``Trading Phase Date''): Final date for full
operation of Regulation NMS-compliant trading systems of all automated
trading centers (both SRO trading facilities and ADF participants) that
intend to qualify their quotations for trade-through protection under
Rule 611 during the Pilots Stocks Phase and All Stocks Phase (as
defined below). The period from February 5, 2007 till May 21, 2007 is
the ``Trading Phase.''
    May 21, 2007 (``Pilot Stocks Phase Date''): Start of full industry
compliance with Rule 610 and Rule 611 for 250 NMS stocks (100 NYSE
stocks, 100 Nasdaq stocks, and 50 Amex stocks). The period from May 21,
2007 till July 9, 2007 is the ``Pilot Stocks Phase.''
    July 9, 2007 (``All Stocks Phase Date''): Start of full industry
compliance with Rule 610 and Rule 611 for all remaining NMS stocks. The
period from July 9, 2007 till October 8, 2007 is the ``All Stocks
Phase.''
    October 8, 2007 (``Completion Date''): Completion of phased-in
compliance with Rule 610 and Rule 611.
    Each of these compliance dates represents an essential functional
step on the way to full implementation of Rules 610 and 611. It is
particularly important that all automated trading centers meet the
October 16 Specifications Date and the February 5 Trading Phase Date.
These new dates give automated trading centers more than seven
additional months beyond the original June 29, 2006 Phase 1 compliance
date to bring their new Regulation NMS-compliant trading systems into
full operation. The seven-month extension is in addition to the one-
year period originally provided when Regulation NMS was published.
Accordingly, the extended dates are designed to provide all automated
trading centers intending to display protected quotations during the
Pilot Stocks Phase and the All Stocks Phase with sufficient time to
meet the new intermediate compliance dates for posting final technical
specifications and commencing full operation of the specified trading
systems.
    The Commission believes that industry participants need certainty
concerning the protected quotations for which they will be required to
afford trade-through protection under Rule 611 during the Pilot Stocks
Phase and All Stocks Phase. Moreover, to prevent potentially serious
disruption to implementation efforts, the industry needs this certainty
well in advance of the Pilot Stocks Phase Date. Industry participants
should not be placed in a position where they would be unexpectedly
required to access the additional protected quotations of an automated
trading center that had not posted its final technical specifications
and commenced operation of its new trading system in a timely manner.
    Accordingly, the Commission may consider, after the Specifications
Date, whether to issue an exemptive order identifying those automated
trading centers that met the Specifications Date and exempting all
industry participants from trade-through and locking/crossing
responsibilities with respect to the quotations of any trading center
not identified as having met the Specifications Date. The Commission
also may consider updating any

previously-issued exemptive order to remove any trading center that
failed to meet the Trading Phase Date by commencing full operation of
its Regulation NMS-compliant trading system in accordance with its
final technical specifications posted on the Specifications Date.
    In addition to completing the functional steps that have been
assigned specific compliance dates, the consolidated data streams need
to be modified in several respects. As discussed in the NMS
Release,\11\ consolidated quotation and trade data in NMS stocks is
disseminated to the public through three Networks jointly operated by
the SROs--Network A for stocks listed on the NYSE, Network C for stocks
listed on Nasdaq, and Network B for stocks listed on the Amex and other
national securities exchanges. To facilitate compliance with Rule 610
and Rule 611, the Network quotation feeds must identify automated and
manual quotations, as well as any types of quotations (such as ``non-
firm'' quotations) that do not qualify as protected quotations. In
addition, the Network quotation feeds must identify a single
participant in the NASD's ADF for its best bid and for its best
offer.\12\ Finally, the Network trade feeds need to be modified to
identify trades that are executed pursuant to exceptions set forth in
Rule 611(b).\13\ The Commission understands that the Networks have made
substantial progress toward modifying their data feeds to reflect
Regulation NMS. Given this progress, the Commission expects that
appropriately modified Network data feeds will be fully operational in
advance of the Specifications Date. It will consider further action in
the future if necessary to assure that the Networks meet this
timeframe.
---------------------------------------------------------------------------

    \11\ 70 FR at 37558.
    \12\ See NMS Release, 70 FR at 37534 (ADF best bid or offer must
be accessible by routing to a single ADF participant).
    \13\ See NMS Release, 70 FR at 37535 n. 317 (need for
transparency concerning Rule 611 exceptions).
---------------------------------------------------------------------------

    The extended compliance dates established in this release, as well
as the potential consequences for automated trading centers of failing
to meet such dates, are discussed in greater detail below.
1. Specifications Date
    By no later than October 16, 2006, all trading centers (both SRO
trading facilities and ADF participants) intending to qualify their
quotations for trade-through protection during the Pilot Stocks Phase
and All Stocks Phase must post final technical specifications on the
Internet Web site of the applicable SRO (i.e., the exchange for SRO
trading facilities and the NASD for ADF participants). The purpose of
posting these specifications is to enable industry participants to plan
their NMS compliance and modify their systems to interface with the
systems of the automated trading centers. Given this purpose, the
specifications must, at a minimum, address: (1) The identification of
quotations as automated or manual to meet the requirements of Rule
600(b)(4); (2) an immediate-or-cancel functionality that meets the
requirements of an automated quotation in Rule 600(b)(3); (3) an ISO
functionality that allows industry participants to meet the
requirements of Rule 600(b)(30); and (4) any other basic
functionalities necessary to trade on the system. In addition, the
specifications must be final with respect to these basic Regulation NMS
functions and must remain so at least through the Completion Date. A
significant alteration of the specifications prior to completion of the
phase-in periods would defeat the purpose of giving the industry
certainty concerning the quotations for which they will have trade-
through and locking/crossing responsibilities.
    The Commission recognizes that automated trading centers cannot
produce final technical specifications until all relevant SRO proposed
rule changes necessary for Regulation NMS-compliant trading systems
have been filed, published for public comment, and approved by the
Commission. Accordingly, it anticipates working closely with the SROs
to address any issues raised by the filings and to take appropriate
action by no later than October 1, 2006.
    After the Specifications Date, the Commission intends to consider
whether to issue an exemptive order pursuant to Rule 610(e) and Rule
611(d). Such an order could identify those trading centers that
complied with the Specifications Date, and could exempt all industry
participants from trade-through requirements under Rule 611 and locked/
crossed requirements under Rule 610 for the quotations displayed by any
trading center that is not identified in the exemptive order as having
complied with the Specifications Date. This exemption could continue in
effect at least through the Completion Date.\14\
---------------------------------------------------------------------------

    \14\ Any exemptive order would address trade-through and locked/
crossed responsibilities, but would not preclude the quotations
displayed by a trading center not identified in the order from
meeting the definition of an ``automated quotation'' under Rule
600(b)(3). Industry participants would need to include such
quotations in their best execution analyses, and would be able
particularly to assess whether their ability to access such
quotations made them reasonably available when considered in the
context of the ongoing challenges of meeting the compliance dates
for Rule 610 and Rule 611.
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2. Trading Phase Date
    By no later than February 5, 2007, all trading centers (both SRO
trading facilities and ADF participants) intending to qualify their
quotations for trade-through protection must bring a Regulation NMS-
compliant trading system into full operation for all NMS stocks
intended to be traded during the phase-in period (i.e., through the
Completion Date). The trading system must operate in accordance with
the specifications that were posted by the Specifications Date. The
Trading Phase is designed to provide industry participants with an
opportunity to gain experience with the new or modified systems of all
automated trading centers that will display protected quotations during
the phase-in periods. For example, industry participants will be able
to test the effectiveness of their policies and procedures under Rule
610 and Rule 611, prior to any liability attaching under the Rules.
    After the Trading Phase Date, the Commission may consider whether
to update any exemptive order issued after the Specifications Date to
remove any trading centers that failed to meet the Trading Phase Date.
Any updated order could continue in effect at least through the
Completion Date.
3. Pilot Stocks Phase Date
    May 21, 2007 is the initial, all-industry compliance date for Rule
610 and Rule 611 with respect to 250 pilot stocks--100 for Network A,
100 for Network C, and 50 for Network B. The particular stocks will be
chosen by the primary listing market, in consultation with Commission
staff, to be reasonably representative of the range of each Network's
securities. The primary purpose of the Pilot Stocks Phase is to allow
all market participants to verify the functionality of their policies,
procedures, and systems that are necessary to comply with the Rules.
    The Pilot Stocks Phase is analogous to Phase 1 of the original
implementation schedule set forth in the NMS Release.\15\ May 21, 2007,
therefore, provides the securities industry a nearly eleven-month
extension of the original Phase 1 compliance date. In addition, the
revised date gives all industry participants a seven-month period to
complete their implementation efforts after the public posting of final
technical specifications for automated

trading centers. The revised date also provides securities firms a more
than three-month period to gain experience in actual trading with the
new or modified systems of automated trading centers. These extended
time periods are designed to facilitate a non-disruptive and cost-
effective initiation of trade-through protection and locked/crossed
quotation restrictions under Rule 610 and Rule 611.
---------------------------------------------------------------------------

    \15\ See NMS Release, 70 FR at 37576.
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4. All Stocks Phase Date
    July 9, 2007 is the all-industry compliance date for Rules 610 and
611 with respect to all remaining NMS stocks. This All Stocks Phase
will last three months and is intended to provide a final period for
industry participants to gain significant experience complying with the
Rules.
5. Completion Date
    On October 8, 2007, the phase-in of compliance with Rules 611 and
610 will be complete. As of this date, any exemptive order issued after
the Specifications Date, or updated after the Trading Phase Date, could
be modified so that industry participants would have trade-through and
locked/crossed requirements for the quotations of an automated trading
center that may have failed to meet the Specifications Date or the
Trading Phase Date. The quotations of any such automated trading center
must be commenced pursuant to an approved SRO proposed rule change or
other established SRO procedure that provides sufficient notice to the
industry, as well as all necessary information (such as final technical
specifications), that will enable industry participants to meet their
regulatory responsibilities.\16\
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    \16\ SRO trading facilities would be subject to the proposed
rule change requirements of section 19(b) of the Exchange Act. ADF
participants would be subject to procedures adopted by the NASD,
after approval by the Commission, to assure appropriate access to
the ADF participants. See NMS Release, 70 FR at 37543.
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B. Allocation Amendment Exemption

    The Allocation Amendment modifies the existing formulas for
allocating revenues to the SRO participants in the market data
plans.\17\ One of the most significant changes is the introduction of
``Quoting Shares''--the allocation of revenues based on the extent to
which automated quotations displayed by SROs equal the national best
bid or offer in NMS stocks. Under the old formulas, no revenues are
allocated for quotations. Under the new formula, 50% of revenues will
be allocated for Quoting Shares. Due to the extension until February 5,
2007 of the deadline for automated trading centers to commence full
operation of NMS-compliant trading systems, the Commission believes
that the SRO participants in the joint industry plans for disseminating
market information should be exempted from complying with the
Allocation Amendment until after the Trading Phase Date. Accordingly,
the Commission, by separate order, has exempted the SRO participants in
the plans from complying with the Allocation Amendment until April 1,
2007.\18\ The exemption gives trading centers additional time to
implement systems that are capable of displaying automated quotations
and thereby qualify for Quoting Shares.
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    \17\ See NMS Release, 70 FR at 37568.
    \18\ See note 2 above.
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III. Conclusion

    For the reasons cited above, the Commission, for good cause, finds
that notice and solicitation of comment regarding the extension of the
compliance dates set forth herein are impractical, unnecessary, or
contrary to the public interest.\19\ All industry participants will
receive substantial additional time to comply with Rule 610 and Rule
611 beyond the compliance dates originally set forth in the NMS
Release. In addition, the Commission recognizes that industry
participants urgently need notice of the extended compliance dates so
that they do not expend unnecessary time and resources in meeting the
original June 29, 2006 compliance date, such as by developing
interfaces with trading systems that could change substantially prior
to the extended compliance dates. Providing immediate effectiveness
upon publication of this release will allow industry participants to
adjust their implementation plans accordingly.\20\
---------------------------------------------------------------------------

    \19\ See section 553(b)(3)(B) of the Administrative Procedure
Act (5 U.S.C. 553(b)(3)(B)) (``APA'') (an agency may dispense with
prior notice and comment when it finds, for good cause, that notice
and comment are ``impractical, unnecessary, or contrary to the
public interest'').
    \20\ The compliance date extensions set forth in this release
are effective upon publication in the Federal Register. Section
553(d)(1) of the APA allows effective dates that are less than 30
days after publication for a ``substantive rule which grants or
recognizes an exemption or relieves a restriction.'' 5 U.S.C.
553(d)(1).

---------------------------------------------------------------------------
    By the Commission.

    Dated: May 18, 2006.
J. Lynn Taylor,
Assistant Secretary.
[FR Doc. 06-4797 Filed 5-23-06; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 83, Number 112 (Monday, June 11, 2018)]
[Notices]
[Page 26998]
[FR Doc No: 2018-12508]

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ENVIRONMENTAL PROTECTION AGENCY

[FRL-9979-08-Region 6]

Underground Injection Control Program; Hazardous Waste Injection
Restrictions; Petition for Exemption Reissuance--Class I Hazardous
Waste Injection; U. S. Ecology Texas (USET) Robstown, Texas

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of a final decision on a UIC no migration petition
reissuance.

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SUMMARY: Notice is hereby given that a reissuance of an exemption to
the Land Disposal Restrictions, under the 1984 Hazardous and Solid
Waste Amendments to the Resource Conservation and Recovery Act, has
been granted to USET for two Class I hazardous waste injection wells
located at their Robstown, Texas facility. The company has adequately
demonstrated to the satisfaction of the EPA by the petition reissuance
application and supporting documentation that, to a reasonable degree
of certainty, there will be no migration of hazardous constituents from
the injection zone for as long as the waste remains hazardous. This
final decision allows the underground injection by USET of the specific
restricted hazardous wastes identified in this exemption reissuance,
into Class I hazardous waste injection wells WDW-278 and WDW-279 until
December 31, 2030, unless the EPA moves to terminate this exemption or
other petition condition limitations are reached. Additional conditions
included in this final decision may be reviewed by contacting the EPA
Region 6 Ground Water/UIC Section. A public notice was issued March 29,
2018, and the public comment period closed on May 15, 2018, and no
comments were received. This decision constitutes final Agency action
and there is no Administrative appeal. This decision may be reviewed/
appealed in compliance with the Administrative Procedure Act.

DATES: This action is effective as of May 18, 2018.

ADDRESSES: Copies of the petition reissuance and all pertinent
information relating thereto are on file at the following location:
Environmental Protection Agency, Region 6, Water Division, Safe
Drinking Water Branch (6WQ-S), 1445 Ross Avenue, Dallas, Texas 75202-
2733.

FOR FURTHER INFORMATION CONTACT: Philip Dellinger, Chief Ground Water/
UIC Section, EPA--Region 6, telephone<PHONE_NUMBER>.

    Dated: May 18, 2018.
James R. Brown,
Associate Director, Safe Drinking Water Branch.
[FR Doc. 2018-12508 Filed 6-8-18; 8:45 am]
 BILLING CODE 6560-50-P