Enter emissions reductions here:

2020 2030 NOx   SO2   direct diesel PM2.5 11,803 20,096 10% PM2.5 5% PM2.5 No PM2.5 Nox This spreadsheet calculates the benefits for a given set of Nonroad Diesel emissio the years 2020 and 2030 ( matching the years in which air quality modeling was co To use the spreadsheet, you will need to enter the NOx, SO2, and direct diesel PM in the cells below. Results will appear in the Results Tables spreadsheet. Emissions Species Difference in Reductions ( Proposed Preliminary) Ratio of Reductions ( Proposed/ Preliminary) Preliminary Proposed 2020 NOx 663,618 0  663,618 0 SO2 414,692 0  414,692 0 PM2.5 98,121 11,803  86,318 0.120290254 2030 NOx 1,009,744 0  1,009,744 0 SO2 483,401 0  483,401 0 PM2.5 138,208 20,096  118,112 0.145404029 Reduction from Baseline Bond 20 Bond 30 2020 50% PM Adj. 2020 75% PM Adj.

92597 124082 92597 92597 49 59 49 49 23564 28700 11782 5891 2356.4 2870 $ 1,479,567,818 $ 2,583,349,982 1178.2 1435 $ 1,140,445,637 $ 2,083,696,130 0 0 $ 801,323,456 $ 1,584,042,278 45720 63000 sion reductions in conducted)

PM2.5 reductions INCIDENCE ( for transfer to Wordperfect table)

Endpoint 2020 2030 Premature mortality: Long term exposure ( adults, 30 and over) 500 900 Infant mortality ( infants under one year) 1 2 Chronic bronchitis ( adults, 26 and over) 300 600 Non fatal myocardial infarctions ( adults, 18 and older) 800 1600 Hospital admissions   Respiratory ( adults, 20 and older) 300 500 Hospital admissions   Cardiovascular ( adults, 20 and older) 200 400 Emergency Room Visits for Asthma ( 18 and younger) 400 600 Acute bronchitis ( children, 8 12) 800 1400 Asthma exacerbations ( asthmatic children, 6 18) 10000 20000 Lower respiratory symptoms ( children, 7 14) 10000 20000 Upper respiratory symptoms ( asthmatic children, 9 11) 7000 13000 Work loss days ( adults, 18 65) 60000 110000 Minor restricted activity days ( adults, age 18 65) 400000 600000 VALUATION ( for transfer to Wordperfect table)

Endpoint Premature mortality: Long term exposure ( adults, 30 and over) 3% discount rate ( over 5 year cessation lag) 3000 6000 7% discount rate ( over 5 year cessation lag) 3000 5000 Infant mortality ( infants under one year) 8 11 Chronic bronchitis ( adults, 26 and over) D 100 300 Non fatal myocardial infarctionsE 3% discount rate ( over 5 year follow up) 80 150 7% discount rate ( over 5 year follow up) 80 150 Hospital Admissions from Respiratory CausesF 5 10 Hospital Admissions from Cardiovascular CausesG 5 9 Emergency Room Visits for Asthma 0.1 0.2 Acute bronchitis ( children, 8 12) 0.3 0.6 Asthma exacerbations ( asthmatic children, 6 18) 0.6 1 Lower respiratory symptoms ( children, 7 14) 0.2 0.3 Upper respiratory symptoms ( asthmatic children, 9 11) 0.2 0.4 Work loss days ( adults, 18 65) 9 14 Minor restricted activity days ( adults, age 18 65) 20 40 Recreational visibility ( 86 Class I Areas) 0 0 Monetized TotalH 3% discount rate 3000 6000 7% discount rate 3000 6000 WITHOUT INCOME GROWTH ADJUSTMENT Endpoint 2020 Modeled ( with IAQR updates)

Premature mortality: Long term exposure ( adults, 30 and over) 6,231 Infant mortality ( infants less than one year) 14 Chronic bronchitis ( adults, 26 and over) 4,266 Non fatal myocardial infarctions ( adults, 18 and older) 10,568 Hospital admissions   Respiratory ( adults, 20 and older) C 3,379 Hospital admissions   Cardiovascular ( adults, 20 and older) D 2,782 Emergency Room Visits for Asthma ( 18 and younger) 4,589 Acute bronchitis ( children, 8 12) 10,172 Asthma exacerbations ( asthmatic children, 6 18) 150,616 Lower respiratory symptoms ( children, 7 14) 120,986 Upper respiratory symptoms ( asthmatic children, 9 11) 91,900 Work loss days ( adults, 18 65) 809,799 Minor restricted activity days ( adults, age 18 65) 4,782,848 Premature mortality: Long term exposure ( adults, 30 and over) 3.0% 33,178,916,083 $ 7.0% 29,883,361,014 $ Infant mortality ( infants under one year) 81,315,082 $ Chronic bronchitis ( adults, 26 and over) 1,552,127,952 $ Non fatal myocardial infarctions ( adults, 18 and older) 3.0% 1,031,600,445 $ 7.0% 999,331,972 $ Hospital admissions   Respiratory ( adults, 20 and older) C 61,896,292 $ Hospital admissions   Cardiovascular ( adults, 20 and older) D 65,360,601 $ Emergency Room Visits for Asthma ( 18 and younger) 1,495,852 $ Acute bronchitis ( children, 8 12) 3,867,574 $ Asthma exacerbations ( asthmatic children, 6 18) 6,886,969 $ Lower respiratory symptoms ( children, 7 14) 2,013,235 $ Upper respiratory symptoms ( asthmatic children, 9 11) 2,419,349 $ Work loss days ( adults, 18 65) 118,762,123 $ Minor restricted activity days ( adults, age 18 65) 258,357,200 $ Visibility Base 3% 36,365,018,756 $ Base 7% 33,037,195,215 $

0.912385507 0.904536866 INCIDENCE ESTIMATES VALUATION ESTIMATES WITH INCOME GROWTH ADJUSTMENT Endpoint 2020 Modeled ( with IAQR updates)

Premature mortality: Long term exposure ( adults, 30 and over) 6,231 Infant mortality ( infants less than one year) 14 Chronic bronchitis ( adults, 26 and over) 4,266 Non fatal myocardial infarctions ( adults, 18 and older) 10,568 Hospital admissions   Respiratory ( adults, 20 and older) C 3,379 Hospital admissions   Cardiovascular ( adults, 20 and older) D 2,782 Emergency Room Visits for Asthma ( 18 and younger) 4,589 Acute bronchitis ( children, 8 12) 10,172 Asthma exacerbations ( asthmatic children, 6 18) 150,616 Lower respiratory symptoms ( children, 7 14) 120,986 Upper respiratory symptoms ( asthmatic children, 9 11) 91,900 Work loss days ( adults, 18 65) 809,799 Minor restricted activity days ( adults, age 18 65) 4,782,848 Premature mortality: Long term exposure ( adults, 30 and over) 3.0% 39,841,242,432 $ 7.0% 35,883,939,906 $ Infant mortality ( infants under one year) 97,643,150 $ Chronic bronchitis ( adults, 26 and over) 1,907,254,828 $ Non fatal myocardial infarctions ( adults, 18 and older) 3.0% 1,031,600,445 $ 7.0% 999,331,972 $ Hospital admissions   Respiratory ( adults, 20 and older) C 61,896,292 $ Hospital admissions   Cardiovascular ( adults, 20 and older) D 65,360,601 $ Emergency Room Visits for Asthma ( 18 and younger) 1,495,852 $ Acute bronchitis ( children, 8 12) 4,122,834 $ Asthma exacerbations ( asthmatic children, 6 18) 7,341,509 $ Lower respiratory symptoms ( children, 7 14) 2,146,108 $ Upper respiratory symptoms ( asthmatic children, 9 11) 2,579,026 $ Work loss days ( adults, 18 65) 118,762,123 $ Minor restricted activity days ( adults, age 18 65) 275,408,775 $ Visibility Base 3% 43,416,853,975 $ Base 7% 39,427,282,976 $

ROUNDED VALUES FOR COPYING TO WORDPERFECT ( OZONE BENEFITS ADDED)

Premature mortalityC: Long term exposure ( adults, 30 and over) 3% discount rate 40000 7% discount rate 36000 Infant mortality ( infants under one year) 100 Chronic bronchitis ( adults, 26 and over) 1900 INCIDENCE ESTIMATES VALUATION ESTIMATES Non fatal myocardial infarctions 3% discount rate 1030 7% discount rate 1000 Hospital Admissions from Respiratory Causes 7.4 62 Hospital Admissions from Cardiovascular Causes 65 Emergency Room Visits for Asthma 0.03 1.5 Acute bronchitis ( children, 8 12) 4.1 Asthma exacerbations ( asthmatic children, 6 18) 7.3 Lower respiratory symptoms ( children, 7 14) 2.1 Upper respiratory symptoms ( asthmatic children, 9 11) 2.6 Work loss days ( adults, 18 65) 120 Minor restricted activity days ( adults, age 18 65)  0.12 280 School absence days ( children, age 6 11) 4.8 Worker productivity ( outdoor workers, age 18 65) 4.2 Recreational visibility ( 86 Class I Areas) 1300 Agricultural crop damage ( 6 crops) 88 3% total 45000 7% total 41000 43612 0.969155556 Enter Emissions Ratios ( current/ prelim): 2020 2030 NOx 0.000 0.000 SO2 0.000 0.000 direct PM 0.120 0.145 2030 Modeled ( with IAQR updates) 2020 Scaled 2030 Scaled 9,967 483 909 17 1 2 6,513 331 594 17,747 819 1,618 5,962 262 544 4,372 216 399 6,932 356 632 15,579 788 1,420 232,169 11,674 21,166 185,451 9,377 16,907 141,447 7,123 12,895 1,161,252 62,766 105,865 6,816,080 370,710 621,386 53,072,907,780 $ 2,571,637,137 4,838,375,319 47,801,346,473 $ 2,316,204,688 4,357,795,053 100,847,387 $ 6,302,583 9,193,721 2,369,540,186 $ 120,302,600 216,018,402 1,640,984,742 $ 79,957,465 149,599,869 1,596,353,564 $ 77,456,394 145,531,082 109,395,162 $ 4,797,468 9,972,976 103,164,964 $ 5,065,981 9,405,002 2,259,203 $ 115,941 205,960 5,923,590 $ 299,769 540,022 10,616,022 $ 533,796 967,806 3,085,951 $ 156,042 281,330 3,723,728 $ 187,519 339,473 156,924,552 $ 9,205,035 14,305,979 368,187,240 $ 20,024,794 33,565,677 57,947,560,507 $ 2,818,586,131 $ 5,282,771,536 $ 52,631,368,022 $ 2,560,652,612 $ 4,798,122,482 $

0.915878206 0.912385507 0.915878206 0.908229223 0.904536866 0.908229223 2030 Modeled ( with IAQR updates) 2020 Scaled 2030 Scaled 9,967 483 909 6,200 17 1 2 14 6,513 331 594 4,300 17,747 819 1,618 10,600 5,962 262 544 3,400 4,372 216 399 2,800 6,932 356 632 4,600 15,579 788 1,420 10,000 232,169 11,674 21,166 150,000 185,451 9,377 16,907 120,000 141,447 7,123 12,895 92,000 1,161,252 62,766 105,865 810,000 6,816,080 370,710 621,386 4,800,000 65,428,280,711 $ 3,088,021,874 5,964,749,093 58,929,499,932 $ 2,781,298,589 5,372,289,741 124,324,658 $ 7,568,142 11,334,019 2,999,363,968 $ 147,827,835 273,436,094 1,640,984,742 $ 79,957,465 149,599,869 1,596,353,564 $ 77,456,394 145,531,082 109,395,162 $ 4,797,468 9,972,976 103,164,964 $ 5,065,981 9,405,002 2,259,203 $ 115,941 205,960 6,372,006 $ 319,553 580,902 11,419,655 $ 569,027 1,041,069 3,319,558 $ 166,341 302,626 4,005,615 $ 199,896 365,171 156,924,552 $ 9,205,035 14,305,979 396,059,014 $ 21,346,431 36,106,598 70,985,873,807 $ 3,365,160,989 $ 6,471,405,359 $ 64,442,461,849 $ 3,055,936,633 $ 5,874,877,220 $

65000 59000 120 3000 1640 1600 21 NOTE: FROM ABT O3 RESULTS 109 103 0.06 NOTE: FROM ABT O3 RESULTS 2.3 6.4 11.4 3.3 4 160 4.9 NOTE: FROM ABT O3 RESULTS 400 10 6.9 NOTE: FROM ABT O3 RESULTS 2100 137 NOTE: FROM ABT O3 RESULTS 73000 67000 70763 0.969356164 Benefits Apportionment Factors: ( derived from REMSAD speciated outputs) 2020 2030 NOx 0.130832 0.167741841 SO2 0.224825 0.205283147 direct PM 0.644343 0.626975011 0.091164693 10,000 17 6,500 17,700 6,000 4,400 6,900 16,000 230,000 190,000 141,000 1,160,000 6,800,000 ALTERNATIVE INCOME ADJUSTMENTS: LOW Premature mortality: Long term exposure ( adults, 30 and over) 3.0% 34,000 $ 7.0% 31,000 $ Infant mortality ( infants under one year) 84 $ Chronic bronchitis ( adults, 26 and over) 1,700 $ Non fatal myocardial infarctions ( adults, 18 and older) 3.0% 1,030 $ 7.0% 1,000 $ Hospital admissions   Respiratory ( adults, 62 $ Hospital admissions   Cardiovascular ( adu 65 $ Emergency Room Visits for Asthma ( 18 an 1 $ Acute bronchitis ( children, 8 12) 4 $ Asthma exacerbations ( asthmatic children 7 $ Lower respiratory symptoms ( children, 7 1 2 $ Upper respiratory symptoms ( asthmatic ch 2 $ Work loss days ( adults, 18 65) 119 $ Minor restricted activity days ( adults, age 1 263 $ Visibility Base 3% 37,339 $ Base 7% 34,309 $

39,000 $

34,084 $ 2,730 $ 537 $ er) HIGH 55,000 $ 53,000 $ 90,000 $ 50,000 $ 48,000 $ 82,000 $ 103 $ 129 $ 172 $ 2,700 $ 2,000 $ 3,200 $

1,640 $ 1,030 $ 1,640 $ 1,600 $ 1,000 $ 1,600 $ 109 $ 62 $ 109 $ 103 $ 65 $ 103 $ 2 $ 1 $ 2 $ 6 $ 4 $ 7 $ 11 $ 8 $ 12 $ 3 $ 2 $ 4 $ 4 $ 3 $ 4 $ 157 $ 119 $ 157 $ 376 $ 296 $ 431 $

60,214 $ 56,719 $ 95,841 $ 55,174 $ 51,689 $ 87,801 $

62,000 $ 58,000 $ 98,000 $

55,103 $ 53,129 $ 90,172 $ 4,340 $ 3,030 $ 4,840 $ 804 $ 572 $ 862 $ Endpoint 0 17 18 64 Premature mortality: Long term exposure ( adults, 30 and over) 3.0%  $ 8,948,770,807 $ 7.0%  $ 8,402,712,199 $ Infant mortality 97,564,504 $  $ Chronic bronchitis ( adults, 26 and over)  $ 1,104,458,560 $ Non fatal myocardial infarctions ( adults, 18 and older) 3.0%  $ 468,976,569 $ 7.0%  $ 444,684,277 $ Hospital admissions   Respiratory ( adults, 20 and older) C  $ 14,251,334 $ Hospital admissions   Cardiovascular ( adults, 20 and older) D  $ 32,784,666 $ Emergency Room Visits for Asthma ( 18 and younger) 1,313,087 $  $ Acute bronchitis ( children, 8 12) 3,619,545 $  $ Asthma exacerbations ( asthmatic children, 6 18) 6,445,305 $  $ Lower respiratory symptoms ( children, 7 14) 1,884,125 $  $ Upper respiratory symptoms ( asthmatic children, 9 11) 2,264,195 $  $ Work loss days ( adults, 18 65)  $ 111,145,856 $ Minor restricted activity days ( adults, age 18 65)  $ 241,788,640 $

Premature mortality: Long term exposure ( adults, 30 and over) 3.0% 1.201 1.201 7.0% 1.201 1.201 Infant mortality 1.201 1.201 Chronic bronchitis ( adults, 26 and over) 1.229 1.229 Non fatal myocardial infarctions ( adults, 18 and older) 3.0% 1.000 1.000 7.0% 1.000 1.000 Hospital admissions   Respiratory ( adults, 20 and older) C 1.000 1.000 Hospital admissions   Cardiovascular ( adults, 20 and older) D 1.000 1.000 Emergency Room Visits for Asthma ( 18 and younger) 1.000 1.000 Acute bronchitis ( children, 8 12) 1.066 1.066 Asthma exacerbations ( asthmatic children, 6 18) 1.066 1.066 Lower respiratory symptoms ( children, 7 14) 1.066 1.066 Upper respiratory symptoms ( asthmatic children, 9 11) 1.066 1.066 Work loss days ( adults, 18 65) 1.000 1.000 Minor restricted activity days ( adults, age 18 65) 1.066 1.066 Premature mortality: Long term exposure ( adults, 30 and over) 3.0%  $ 10,745,683,985 $ 7.0%  $ 10,089,976,808 $ Infant mortality 117,155,456 $  $ Chronic bronchitis ( adults, 26 and over)  $ 1,357,158,679 $ Non fatal myocardial infarctions ( adults, 18 and older)  $  $ 3.0%  $ 468,976,569 $ Values from BenMAP Repor Income Growth Adjusted Valu 2020 ( with IAQR updates) in 1990 in Income Growth Adjustment Fac 7.0%  $ 444,684,277 $ Hospital admissions   Respiratory ( adults, 20 and older) C  $ 14,251,334 $ Hospital admissions   Cardiovascular ( adults, 20 and older) D  $ 32,784,666 $ Emergency Room Visits for Asthma ( 18 and younger) 1,313,087 $  $ Acute bronchitis ( children, 8 12) 3,858,435 $  $ Asthma exacerbations ( asthmatic children, 6 18) 6,870,695 $  $ Lower respiratory symptoms ( children, 7 14) 2,008,477 $  $ Upper respiratory symptoms ( asthmatic children, 9 11) 2,413,632 $  $ Work loss days ( adults, 18 65)  $ 111,145,856 $ Minor restricted activity days ( adults, age 18 65)  $ 257,746,690 $ Base Total  3% 133,619,783 $ 12,987,747,778 $ Base Total  7% 133,619,783 $ 12,307,748,310 $

Base Total  3% 0.00255 0.24781 Base Total  7% 0.00271 0.24922 Development of Linear Age Apportionment Trend: 0 17 18 64 Slopes Base Total  3%  0.00004  0.00556 Base Total  7%  0.00004  0.00557 Intercepts Base Total  3% 0.08246 11.47334 Base Total  7% 0.08732 11.50857 Year Specific Age Apportionment 0 17 18 64 Base Total  3% 2007 0.00306379 0.32005522 2010 0.00294511 0.30338365 2015 0.00274732 0.27559768 2020 0.00254952 0.24781172 2025 0.00235173 0.22002576 2030 0.00215393 0.19223979 Base Total  7% 2007 0.00325021 0.32167858 2010 0.00312454 0.30495677 2015 0.00291509 0.27708710 2020 0.00270564 0.24921742 2025 0.00249619 0.22134775 2030 0.00228675 0.19347807 Transposed Year Specific Age Apportionment: 0 17 Base Total  3% Base Total  7% 2007 0.00306 0.00325 2010 0.00295 0.00312 2015 0.00275 0.00292 Age Apportionment 2020 0.00255 0.00271 2025 0.00235 0.00250 2030 0.00215 0.00229 18 64 2007 0.32006 0.32168 2010 0.30338 0.30496 2015 0.27560 0.27709 2020 0.24781 0.24922 2025 0.22003 0.22135 2030 0.19224 0.19348 65+ 2007 0.67688 0.67507 2010 0.69367 0.69192 2015 0.72165 0.72000 2020 0.74964 0.74808 2025 0.77762 0.77616 2030 0.80561 0.80424 CPI U All Medical 2000 172.2 260.8 2001 177.1 272.8 2002 179.9 285.6 2003 184.0 297.1 2004 188.9 310.1 CPI Adjustment Factors: 2000$ to 2003$ Endpoint 2020 2030 Premature mortality: Long term exposure ( adults, 30 and over) 0.03 1.07 1.07 0.07 1.07 1.07 Infant mortality 1.07 1.07 Chronic bronchitis ( adults, 26 and over) 1.07 1.07 Non fatal myocardial infarctions ( adults, 18 and older) 0.03 1.14 1.14 0.07 1.14 1.14 Hospital admissions   Respiratory ( adults, 20 and older) C 1.14 1.14 Hospital admissions   Cardiovascular ( adults, 20 and older) D 1.14 1.14 Emergency Room Visits for Asthma ( 18 and younger) 1.14 1.14 Acute bronchitis ( children, 8 12) 1.07 1.07 Asthma exacerbations ( asthmatic children, 6 18) 1.07 1.07 Lower respiratory symptoms ( children, 7 14) 1.07 1.07 Upper respiratory symptoms ( asthmatic children, 9 11) 1.07 1.07 Work loss days ( adults, 18 65) 1.07 1.07 Minor restricted activity days ( adults, age 18 65) 1.07 1.07 65+ 0 17 18 64 65+

31,936,834,066 $  $ 12,105,543,393 $ 60,128,488,140 $ 29,988,031,987 $  $ 11,366,856,895 $ 56,459,416,796 $  $ 143,967,104 $  $  $ 348,130,688 $  $ 1,563,924,928 $ 653,655,616 $

436,581,816 $  $ 617,849,544 $ 822,637,904 $ 432,548,232 $  $ 586,271,787 $ 815,037,568 $ 45,661,356 $  $ 20,097,062 $ 86,500,848 $ 28,595,772 $  $ 44,000,948 $ 51,935,292 $  $ 1,983,171 $  $  $  $ 5,543,708 $  $  $  $ 9,935,212 $  $  $  $ 2,888,048 $  $  $  $ 3,484,924 $  $  $  $  $ 159,437,216 $  $  $  $ 344,575,232 $  $

1.201 1.233 1.233 1.233 6.6055 6.78 1.201 1.233 1.233 1.233 417,792 430,372 1.201 1.233 1.233 1.233 1.229 1.266 1.266 1.266 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.066 1.076 1.076 1.076 360.000 383.76 1.066 1.076 1.076 1.076 42.000 44.772 1.066 1.076 1.076 1.076 16.000 17.056 1.066 1.076 1.076 1.076 25.000 26.65 1.000 1.000 1.000 1.000 1.066 1.076 1.076 1.076 51.000 54.366 38,349,750,346 $  $ 14,923,713,895 $ 74,126,400,179 $ 36,009,628,810 $  $ 14,013,061,180 $ 69,603,169,026 $  $ 177,482,646 $  $  $ 427,782,989 $  $ 1,979,616,174 $ 827,397,279 $  $  $  $  $ 436,581,816 $  $ 617,849,544 $ 822,637,904 $ ports alues income equivalent 2030 ( with IAQR updates) in 1990 income equivalent Factors 432,548,232 $  $ 586,271,787 $ 815,037,568 $ 45,661,356 $  $ 20,097,062 $ 86,500,848 $ 28,595,772 $  $ 44,000,948 $ 51,935,292 $  $ 1,983,171 $  $  $  $ 5,963,367 $  $  $  $ 10,687,308 $  $  $  $ 3,106,673 $  $  $  $ 3,748,733 $  $  $  $  $ 159,437,216 $  $  $  $ 370,659,577 $  $ 39,288,372,280 $ 202,971,897 $ 18,115,374,416 $ 75,914,871,501 $ 36,944,217,160 $ 202,971,897 $ 17,173,143,944 $ 71,384,040,013 $

0.74964 0.00215 0.19224 0.80561 0.74808 0.00229 0.19348 0.80424 65+

0.00560 0.00562  10.55580  10.59589 65+

0.67688099 0.69367124 0.72165500 0.74963876 0.77762252 0.80560627 0.67507121 0.69191869 0.71999781 0.74807693 0.77615606 0.80423518 1.037 1.040 1.591 1.705 1.037 1.042 1.591 1.705 1.037 1.020 1.591 1.705 1.121 1.139 1.317 1.371 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 1.000 387.252 1.018 1.021 1.147 1.170 45.1794 1.018 1.021 1.147 1.170 17.2112 1.018 1.021 1.147 1.170 26.8925 1.018 1.021 1.147 1.170 1.000 1.000 1.000 1.000 54.8607 1.018 1.021 1.147 1.170


[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Rules and Regulations]
[Pages 47631-47634]
[FR Doc No: 2017-22099]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2017-0436; FRL-9969-36-Region 4]

Air Plan Approval; AL; VOC Definitions and Particulate Emissions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is taking final
action to approve changes to the Alabama State Implementation Plan
(SIP) to revise the definition of ``volatile organic compounds''
(VOCs), correct a typographical error, and remove control of
particulate emissions and opacity limits for Talladega County. EPA is
approving the SIP revisions submitted by the State of Alabama, through
the Alabama Department of Environmental Management (ADEM), on May 19,
2017. This action is being taken pursuant to the Clean Air Act (CAA or
Act).

DATES: This rule is effective November 13, 2017.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R04-OAR-2017-0436. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the Air Regulatory Management Section, Air Planning and
Implementation Branch, Air, Pesticides and Toxics Management Division,
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday 8:30 a.m. to 4:30 p.m.,
excluding Federal holidays.

FOR FURTHER INFORMATION CONTACT: Richard Wong, Air Regulatory
Management Section, Air Planning and Implementation Branch, Air,
Pesticides and Toxics Management Division, U.S. Environmental
Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia
30303-8960. The telephone number is<PHONE_NUMBER>. Mr. Wong can be
reached via electronic mail at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What action is the Agency taking?

    In this rulemaking, EPA is approving changes to the Alabama SIP,
submitted by the State on May 19, 2017. The submission revises ADEM
Rule 335-3-1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers.
Specifically, this rulemaking revises the definition of VOCs, corrects
a typographical error and removes particulate emission and opacity
limits for Talladega County.

II. Background

    On August 16, 2017 (82 FR 38865), EPA proposed to approve the
aforementioned changes, among others, to the SIP. This proposed rule
accompanied a direct final rule published on the same day in the
Federal Register (82 FR 38841). EPA received an adverse comment on the
direct final rulemaking only on the changes made to Rule 335-3-1-.02
and Rule 335-3-4-.08. Accordingly, EPA is withdrawing the direct final
action through a separate action published elsewhere in this issue of
the Federal Register and is taking final action on the changes to Rule
335-3-1-.02 and Rule 335-3-4-.08 in this final rule.

A. Rule 335-3-1-.02--Definitions

    On November 29, 2004, and August 1, 2016, EPA issued final rules
revising the definition of VOCs by adding new compounds (tertiary butyl
acetate (or t-Butyl acetate) and 1,1,2,2-Tetrafluoro-1-(2,2,2-
trifluoroethoxyl) ethane) to the list of those that are considered to
be negligibly reactive compounds, and on February 25, 2016 (81 FR
9339), EPA issued a final rule removing recordkeeping, emissions
reporting, photochemical dispersion modeling, and inventory
requirements for t-Butyl acetate. The State's May 19, 2017, SIP
revision adds these compounds to the list of negligibly reactive
compounds under ADEM Rule 335-3-1-.02 subpart (gggg). The SIP revision
also removes the recordkeeping, emissions reporting, photochemical
dispersion modeling, and inventory requirements requirement for t-Butyl
acetate. Additionally, the submittal makes a typographical correction
under subpart (gggg)(iii). EPA proposes to approve these revisions
because they are consistent with the definition of VOC at 40 CFR
51.100(s).
    The State's addition of exemptions from the definition of VOCs and
removal of recordkeeping, emissions reporting, photochemical dispersion
modeling, and inventory requirements for t-butyl acetate are approvable
under section 110(l) because they reflect changes to Federal
regulations based on findings that the exempted compounds are
negligibly reactive. The typographical error correction makes
ministerial changes for consistency.

B. Rule 335-3-4-.08--Wood Waste Boilers

    Rule 335-3-4-.08--Wood Waste Boilers was adopted into the Alabama
SIP on April 23, 1974 (39 FR 14338), to provide emission limits based
on

available control technologies and included a 0.30 grain per dry
standard cubic foot (gr/dscf) emissions limit for boilers burning a
combination of wood waste and fossil fuels. On November 24, 1981 (46 FR
57484), EPA finalized a SIP revision allowing pulp mills to operate
boilers that burn only wood waste in Talladega County. This change
allowed a particulate matter emissions concentration of 0.45 gr/dscf
when burning wood waste alone (but total emissions would remain the
same provided boilers operate on a reduced rate). On July 11, 1986 (51
FR 25198), EPA approved a revision adding a new paragraph 3 at Rule
335-3-4-.08 that relaxed the allowable emission limit to 0.60 gr/dscf
for wood waste boiler sources that operate up to 300 million British
thermal unit per hour and tightened allowable emissions for other types
of sources in Talladega County. Compliance with the emission limit was
determined by an annual stack test. Additionally, an opacity limit of
76 percent was established and would be measured by a transmissometer.
    The May 19, 2017, SIP revision removes paragraph 3, applicable only
to sources in Talladega County, because the type of source no longer
exists in the County or anywhere else in the State. Moreover, if such a
source were to begin operating in the future, it would be subject to
more stringent requirements under Rule 335-3-4-.08 paragraph 2.
    EPA believes that these changes to the regulatory portion of the
SIP are consistent with section 110 of the CAA and meet the regulatory
requirements pertaining to SIPs. Pursuant to CAA section 110(l), the
Administrator shall not approve a revision of a plan if the revision
would interfere with any applicable requirement concerning attainment
and reasonable further progress (as defined in CAA section 171), or any
other applicable requirement of the Act. The State's removal of
emissions and opacity requirements for Talladega County is an
approvable change under section 110(l) because, should these sources
start operating, they would fall under more stringent rules in the SIP.

III. Response to Comments

    Comment: EPA received one adverse comment on the direct final rule
published on August 16, 2017 (82 FR 38841), and this comment has been
included in the Docket for this action. The Commenter stated that EPA
should not remove t-Butyl acetate (TBAC) from the list of ``volatile
organic compounds because ``this compound is particularly dangerous and
can cause deformations and brain injuries.'' The Commenter stated that
EPA should maintain the recordkeeping and reporting provisions ``to
determine whether states are causing deformations or brain injuries in
nearby communities.'' The Commenter also stated EPA should not remove
wood burning rules.
    Response: The State is merely updating the SIP to align with EPA's
past rulemakings and reflect the definitions in 40 CFR 51.100(s). EPA
issued a final rulemaking on November 29, 2004 (69 FR 69298) that
revised the definition of VOC to exclude TBAC as a negligibly reactive
compound. Additionally, EPA issued a final rule on February 25, 2016
(81 FR 9339), that removed TBAC recordkeeping, emissions reporting,
photochemical dispersion modeling, and inventory requirements for TBAC.
EPA acknowledges the comments regarding the health risks associated
with TBAC and is continuing to take steps to assess potential risks
associated with this compound. In the 2016 EPA rule, EPA discussed the
efforts surrounding any future determinations about the health risks
associated with TBAC, including noting that data collected through the
recordkeeping and reporting requirements did not appear relevant to any
such future determinations and that EPA was assessing the health risks
from TBAC through its Integrated Risk Information System. This effort
is on-going, and we refer the Commenter to EPA's previous 2016
rulemaking (81 FR 9339, 9341) for more information regarding health
risks.
    The State removes Rule 335-3-4-.08 paragraph 3, particulate matter
emissions limit for wood waste boilers applicable only to Talladega
County because such sources no longer operate in the County. If such a
source were to begin operating in the future, it would be subject to
more stringent requirements under Rule 335-3-4-.08 paragraph 2,
applicable statewide. Therefore, the Commenter's statement that such
sources should be subject to tighter requirements is true, and EPA has
determined that any new source would be subjected to tighter emissions
limits, currently approved in the SIP.

IV. Incorporation by Reference

    In this rule, EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, EPA is finalizing the incorporation by reference of Rule 335-3-
1-.02--Definitions and Rule 335-3-4-.08--Wood Waste Boilers, effective
June 9, 2017. EPA has made, and will continue to make, these materials
generally available through www.regulations.gov and/or at the EPA
Region 4 Office (please contact the person identified in the ``For
Further Information Contact'' section of this preamble for more
information). Therefore, these materials have been approved by EPA for
inclusion in the SIP, have been incorporated by reference by EPA into
that plan, are fully federally-enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference by the Director of the
Federal Register in the next update to the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

V. Final Action

    EPA is taking final action to approve portions of Alabama's May 19,
2017, submission submitted by the State of Alabama through ADEM. The
submission revises Rule 335-3-1-.02--Definitions and Rule 335-3-4-.08--
Wood Waste Boilers.

VI. Statutory and Executive Order Reviews

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the Act and applicable
Federal regulations. See 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. This action merely
approves state law as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. For that
reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4);
     does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based
on health or

safety risks subject to Executive Order 13045 (62 FR 19885, April 23,
1997);
     is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    The SIP is not approved to apply on any Indian reservation land or
in any other area where EPA or an Indian tribe has demonstrated that a
tribe has jurisdiction. In those areas of Indian country, the rule does
not have tribal implications as specified by Executive Order 13175 (65
FR 67249, November 9, 2000), nor will it impose substantial direct
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by December 12, 2017. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action may not be challenged later in proceedings to
enforce its requirements. See section 307(b)(2).

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: September 29, 2017.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart B--Alabama

0
2. Section 52.50(c) is amended by revising the entries for ``Section
335-3-1-.02'' and ``Section 335-3-4-.08'' to read as follows:

Sec.  52.50   Identification of plan.

* * * * *
    (c) * * *

                                        EPA Approved Alabama Regulations
----------------------------------------------------------------------------------------------------------------
                                                       State
         State citation            Title/subject     effective   EPA approval date           Explanation
                                                        date
----------------------------------------------------------------------------------------------------------------
                                      Chapter No. 335-3-1 General Provision
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 335-3-1-.02............  Definitions......     6/9/2017  10/13/2017;        ............................
                                                                  [Insert citation
                                                                  of publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                                Chapter 335-3-4 Control of Particulate Emissions
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Section 335-3-4-.08............  Wood Waste            6/9/2017  10/13/2017;        ............................
                                  Boilers.                        [Insert citation
                                                                  of publication].

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2017-22099 Filed 10-12-17; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 59 (Tuesday, March 30, 2021)]
[Notices]
[Pages 16589-16590]
[FR Doc No: 2021-06501]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER21-1506-000]

Shaw Creek Solar, LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced Shaw Creek
Solar, LLC's application for market-based rate authority, with an
accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal

Energy Regulatory Commission, 888 First Street NE, Washington, DC
20426, in accordance with Rules 211 and 214 of the Commission's Rules
of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a
motion to intervene or protest must serve a copy of that document on
the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is April 13, 2021.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically may mail similar pleadings to
the Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Hand delivered submissions in docketed
proceedings should be delivered to Health and Human Services, 12225
Wilkins Avenue, Rockville, Maryland 20852.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact the Federal Energy
Regulatory Commission at<EMAIL_ADDRESS>or call toll-free,
(886) 208-3676 or TYY,<PHONE_NUMBER>.

    Dated: March 24, 2021.
Kimberly D. Bose,
Secretary.
[FR Doc. 2021-06501 Filed 3-29-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 190 (Friday, September 30, 2011)]
[Notices]
[Pages 60955-60957]
[FR Doc No: 2011-25193]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65399; File No. SR-Phlx-2011-111]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Order
Approving a Proposed Rule Change Requesting Permanent Approval of the
Pilot Program Permitting NASDAQ OMX PHLX to Receive Inbound Routes by
NOS

September 26, 2011.

I. Introduction

    On August 8, 2011, NASDAQ OMX PHLX LLC (``Phlx'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change
requesting permanent approval of the Exchange's pilot program to permit
the Exchange to accept certain inbound orders that Nasdaq Options
Services, LLC (``NOS'') routes from Nasdaq Options Market (``NOM'').
The proposed rule change was published for comment in the Federal
Register on August 19, 2011.\3\ The Commission received no comment
letters regarding the proposed rule change. This order approves the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 65135 (August 15,
2011), 76 FR 52030 (``Notice'').
---------------------------------------------------------------------------

II. Background

    Exchange Rule 985(b) prohibits the Exchange or any entity with
which it is affiliated from, directly or indirectly, acquiring or
maintaining an ownership interest in, or engaging in a business venture
with, an Exchange member or an affiliate of an Exchange member in the
absence of an effective filing under Section 19(b) of the Exchange
Act.\4\ NOS is a broker-dealer that is a member of the Exchange, and
currently provides to members of The NASDAQ Stock Market LLC
(``Nasdaq'') that are NOM participants optional routing services to
other market centers.\5\ NOS is owned by The NASDAQ OMX Group, Inc.
(``NASDAQ OMX''), which also owns three registered securities
exchanges--Nasdaq, the Exchange, and NASDAQ OMX BX, Inc.\6\ Thus, NOS
is an affiliate of each of these exchanges. Absent an effective filing,
Exchange Rule 985(b) would prohibit NOS from being a member of the
Exchange.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78s(b).
    \5\ NOS operates as a facility of Nasdaq that provides outbound
routing from NOM to other market centers, subject to certain
conditions. See NOM Rules Chapter VI, Section 11(e).
    \6\ See Securities Exchange Act Release No. 58179 (July 17,
2008), 73 FR 42874 (July 23, 2008) (SR-Phlx-2008-31) (``Phlx
Approval Order''). See also Securities Exchange Act Release No.
58324 (August 7, 2008), 73 FR 46936 (August 12, 2008) (SR-BSE-2008-
02; SR-BSE-2008-23; SR-BSE-2008-25; SR-BSECC-2008-01).
---------------------------------------------------------------------------

    On July 17, 2008, in connection with the acquisition of the
Exchange by NASDAQ OMX, the Commission approved an affiliation between
the Exchange and NOS for the limited purpose of permitting NOS to
provide routing services for Nasdaq for orders that first attempt to
access liquidity on Nasdaq's system before routing to the Exchange,
subject to certain other limitations and conditions.\7\ On February 26,
2010, the Exchange filed an immediately effective proposed rule change
to modify the conditions for the affiliation between NOS and the
Exchange, to permit the Exchange to receive certain orders routed by
NOS from NOM without first checking the NOM book for liquidity on a
one-year pilot basis.\8\ Specifically, the Exchange proposed to permit
NOS to route from NOM Exchange Direct Orders and orders in NOM Non-
System Securities (including Exchange Direct Orders).\9\

The Exchange now seeks permanent approval of this inbound routing
pilot.\10\
---------------------------------------------------------------------------

    \7\ See Phlx Approval Order, 73 FR at 42887.
    \8\ See Securities Exchange Act Release No. 61667 (March 5,
2010), 75 FR 11964 (March 12, 2010) (SR-Phlx-2010-36) (``Phlx
Routing Pilot Release''). The inbound routing pilot was subsequently
extended and is set to expire on November 25, 2011. See Securities
Exchange Act Release Nos. 63873 (February 9, 2011), 76 FR 8798
(February 15, 2011) (SR-Phlx-2011-16); and 65140 (August 16, 2011)
76 FR 52374 (August 22, 2011) (SR-Phlx-2011-116).
    \9\ NOS provides to NOM participants routing services to other
market centers. Pursuant to Nasdaq's rules, NOS: (1) Routes orders
in options currently trading on NOM, referred to as ``System
Securities;'' and (2) routes orders in options that are not
currently trading on NOM (``Non-System Securities''). See NOM Rules,
Chapter VI, Section 1(b) and 11. When routing Non-System Securities,
NOS is not regulated as a facility of Nasdaq, but as a broker-dealer
regulated by its designated examining authority. See also Phlx
Routing Pilot Release, 75 FR at 11964. ``Exchange Direct Orders''
are orders that are directed to an exchange other than NOM as
directed by the entering party without checking the NOM book. See
NOM Rules Chapter VI, Section 1(e)(7).
    \10\ See Notice.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities
exchange.\11\ Specifically, the Commission finds that the proposed rule
change is consistent with Section 6(b)(1) of the Act,\12\ which
requires, among other things, that a national securities exchange be so
organized and have the capacity to carry out the purposes of the Act,
and to comply and enforce compliance by its members and persons
associated with its members, with the provisions of the Act, the rules
and regulation thereunder, and the rules of the Exchange. Further, the
Commission finds that the proposed rule change is consistent with
Section 6(b)(5) of the Act,\13\ which requires, among other things,
that the rules of a national securities exchange be designed to prevent
fraudulent and manipulative acts and practices; to promote just and
equitable principles of trade; to foster cooperation and coordination
with persons engaged in regulating, clearing, settling, and processing
information with respect to, and facilitating transactions in
securities; to remove impediments to and perfect the mechanism of a
free and open market and a national market system; and, in general, to
protect investors and the public interest. Section 6(b)(5) also
requires that the rules of an exchange not be designed to permit unfair
discrimination among customers, issuers, brokers, or dealers.
---------------------------------------------------------------------------

    \11\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).
    \12\ 15 U.S.C. 78f(b)(1).
    \13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Recognizing that the Commission has previously expressed concern
regarding the potential for conflicts of interest in instances where a
member firm is affiliated with an exchange of which it is a member, the
Exchange previously proposed, and the Commission approved, limitations
and conditions on NOS's affiliation with the Exchange.\14\ Also
recognizing that the Commission has expressed concern regarding the
potential for conflicts of interest in instances where a member firm is
affiliated with an exchange to which it is routing orders, the Exchange
previously implemented limitations and conditions to NOS's affiliation
with the Exchange to permit the Exchange to accept orders routed
inbound to Phlx by NOS from NOM that do not first attempt to access
liquidity on the NOM book.\15\ The Exchange states it has met these
conditions:\16\
---------------------------------------------------------------------------

    \14\ See Phlx Approval Order, 73 FR at 42886-42887.
    \15\ See Phlx Routing Pilot Release.
    \16\ See Notice, 76 FR at 52031.
---------------------------------------------------------------------------

     First, the Exchange and FINRA have entered into a
regulatory services agreement (``Regulatory Contract'') pursuant to
which FINRA has been allocated regulatory responsibilities to review
NOS's compliance with the Exchange's rules through FINRA's examination
program.\17\ The Exchange, however, retained ultimate responsibility
for enforcing its rules with respect to NOS except to the extent that
they are covered by an agreement with FINRA pursuant to Rule 17d-2
under the Act,\18\ in which case FINRA is allocated regulatory
responsibility.
---------------------------------------------------------------------------

    \17\ The Exchange also states that NOS is subject to independent
oversight by FINRA, its Designated Examining Authority, for
compliance with financial responsibility requirements. See Notice,
76 FR at 52031, n.9.
    \18\ 17 CFR 240.17d-2.
---------------------------------------------------------------------------

     Second, FINRA and the Exchange will monitor NOS for
compliance with Phlx's trading rules, and collect and maintain certain
related information;\19\
---------------------------------------------------------------------------

    \19\ Pursuant to the Regulatory Contract, both the Exchange and
FINRA will collect and maintain all alerts, complaints,
investigations and enforcement actions in which NOS (in routing
orders to the Exchange) is identified as a participant that has
potentially violated applicable Commission or Exchange rules. The
Exchange and FINRA will retain these records in an easily accessible
manner in order to facilitate any potential review conducted by the
Commission's Office of Compliance Inspections and Examinations. See
Notice, 76 FR at 52031, n.11.
---------------------------------------------------------------------------

     Third, FINRA will provide a report to the Exchange's Chief
Regulatory Officer (``CRO''), on at least a quarterly basis, that: (i)
Quantifies all alerts (of which the Exchange and FINRA become aware)
that identify NOS as a participant that has potentially violated
Commission or Exchange rules and (ii) quantifies the number of
investigations that identify NOS as a participant that has potentially
violated Exchange or Commission Rules;\20\
---------------------------------------------------------------------------

    \20\ See id.
---------------------------------------------------------------------------

     Fourth, the Exchange adopted Rule 985(c), which requires
NASDAQ OMX, as the holding company owning NOS and the Exchange, to
establish and maintain procedures and internal controls reasonably
designed to ensure that NOS does not develop or implement changes to
its system on the basis of non-public information regarding planned
changes to the Exchange's systems, obtained as a result of its
affiliation with the Exchange, until such information is available
generally to similarly situated Exchange members in connection with the
provision of inbound routing to the Exchange; \21\ and
---------------------------------------------------------------------------

    \21\ See Phlx Rule 985(c)(1). See also Notice, 76 FR at 52031.
---------------------------------------------------------------------------

     Fifth, the Exchange proposed that NOS be authorized to
route (1) Exchange Direct Orders without checking the NOM book and (2)
orders in NOM non-system securities inbound to the Exchange from NOM
for a pilot period of twelve months, as further extended to November
25, 2011.\22\
---------------------------------------------------------------------------

    \22\ See Notice, 76 FR at 52031. See also supra note 8.

The Exchange believes that by meeting the above-listed conditions it
has set up mechanisms that protect the independence of the Exchange's
regulatory responsibility with respect to NOS, and has demonstrated
that NOS cannot use any information advantage it may have because of
its affiliation with the Exchange.\23\
---------------------------------------------------------------------------

    \23\ See Notice, 76 FR at 52031-52032.
---------------------------------------------------------------------------

    In the past, the Commission has expressed concern that the
affiliation of an exchange with one of its members raises potential
conflicts of interest, and the potential for unfair competitive
advantage.\24\ Although the Commission continues to be concerned about
potential unfair competition and conflicts of interest between an
exchange's self-regulatory obligations and its commercial interest when
the exchange is affiliated with one of its members, for the reasons
discussed below, the Commission believes that it is consistent with the
Act to permit NOS to provide inbound routing to the Exchange on a
permanent basis instead of a pilot basis, subject to the other
conditions described above.\25\
---------------------------------------------------------------------------

    \24\ See, e.g., Securities Exchange Act Release Nos. 54170 (July
18, 2006), 71 FR 42149 (July 25, 2006) (SR-NASDAQ-2006-006) (order
approving Nasdaq's proposal to adopt Nasdaq Rule 2140, restricting
affiliations between Nasdaq and its members); 53382 (February 27,
2006), 71 FR 11251 (March 6, 2006) (SR-NYSE-2005-77) (order
approving the combination of the New York Stock Exchange, Inc. and
Archipelago Holdings, Inc.); 58673 (September 29, 2008), 73 FR 57707
(October 8, 2008) (SR-Amex-2008-62) (order approving the combination
of NYSE Euronext and the American Stock Exchange LLC); 59135
(December 22, 2008), 73 FR 79954 (December 30, 2008) (SR-ISE-2009-
85) (order approving the purchase by ISE Holdings of an ownership
interest in DirectEdge Holdings LLC); and 59281 (January 22, 2009),
74 FR 5014 (January 28, 2009) (SR-NYSE-2008-120) (order approving a
joint venture between NYSE and BIDS Holdings L.P.).
    \25\ The Commission notes that it recently issued an order
granting permanent approval of NASDAQ OMX BX, Inc.'s pilot program
permitting Boston Options Exchange to accept inbound routes by NOS
of (1) NOM Exchange Direct Orders without checking the NOM book
prior to routing, and (2) NOM non-system securities orders,
including Exchange Direct Orders that NOS routes from NOM. See
Securities Exchange Act Release No. 65199 (August 25, 2011), 76 FR
54277 (August 31, 2011) (SR-BX-2011-045).

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

    The Exchange has proposed four ongoing conditions applicable to
NOS's routing activities, which are enumerated above. The Commission
believes that these conditions mitigate its concerns about potential
conflicts of interest and unfair competitive advantage. In particular,
the Commission believes that FINRA's oversight of NOS,\26\ combined
with FINRA's monitoring of NOS's compliance with the Exchange's rules
and quarterly reporting to Phlx's CRO, will help to protect the
independence of the Exchange's regulatory responsibilities with respect
to NOS.
---------------------------------------------------------------------------

    \26\ This oversight will be accomplished through the Regulatory
Contract between the Exchange and FINRA, and, as applicable, a 17d-2
Agreement.
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\27\ that the proposed rule change (SR-Phlx-2011-111) be, and
hereby is, approved.
---------------------------------------------------------------------------

    \27\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\28\
---------------------------------------------------------------------------

    \28\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-25193 Filed 9-29-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Proposed Rules]
[Pages 89644-89646]
[FR Doc No: 2023-28652]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 110

[USCG-2023-0749]
RIN 1625-AA01

Establish Anchorage Ground; Port Westward Anchorage, Columbia
River, Oregon and Washington

AGENCY: Coast Guard, Department of Homeland Security (DHS).

ACTION: Notice of proposed rulemaking.

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

SUMMARY: The Coast Guard is considering establishing an anchorage
ground near Port Westward, Oregon in the Columbia River. We are
considering this action after receiving requests suggesting that this
anchorage ground is necessary to provide for the safe anchoring of
commercial vessels in the navigable waters of the Lower Columbia River.
We invite your comments on this proposed rulemaking.

DATES: Comments and related material must be received by the Coast
Guard on or before February 26, 2024.

ADDRESSES: You may submit comments identified by docket number USCG-
2023-0749 using the Federal Decision-Making Portal at https://www.regulations.gov. See the ``Public Participation and Request for
Comments'' portion of the SUPPLEMENTARY INFORMATION section for further
instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
proposed rulemaking, call or email LT Carlie Gilligan, Sector Columbia
River Waterways Management Division, U.S. Coast Guard,<PHONE_NUMBER>,
email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background, Purpose, and Legal Basis

    Under Title 33 of the Code of Federal Regulations (CFR) 109.05,
U.S. Coast Guard District Commanders are delegated the authority to
establish anchorage grounds by the Commandant of the U.S. Coast Guard.
The Coast Guard establishes anchorage grounds under Section 7 of the
Act of March 4, 1915, as amended (38 Stat. 1053; 46 U.S.C. 70006) and
places these regulations in Title 33 CFR part 110, subpart B. The Coast
Guard is proposing the rulemaking to establish a Port Westward
anchorage ground in the Columbia River.
    In the last several years, the Columbia River Marine Transportation
System has seen an increase in commercial traffic and vessel size, thus
creating a concern for anchorage capacity within the river system. The
Columbia River Steamship Operators Association and the Columbia River
Pilots have formally requested the Coast Guard review and evaluate the
establishment of this new anchorage ground to address the safety and
navigation concerns with the expanding vessel traffic in the Lower
Columbia River.
    The purpose of this rulemaking is to establish a Federal anchorage
ground in the Lower Columbia River that would be maintained and used by
commercial vessels. The Coast Guard is proposing this rulemaking under
authority in 46 U.S.C. 70034.

III. Discussion of Proposed Rule

    The Coast Guard is proposing to establish a new anchorage ground in
the vicinity of Port Westward, in the Lower Columbia River. The
anticipated users of the proposed anchorage ground are commercial
vessels and their attending tug, tow, or push boats. The approximate
depth of this proposed anchorage ground would be 43 feet to align with
the Federal channel depth and would accommodate a variety of vessel
types and configurations. An illustration showing the location of the
proposed anchorage ground is available in the docket.
    When the Columbia River Federal channel was deepened in 2010, the
size and draft of commercial vessels was increased, but the anchorage
capacity within the river system was not. The vessels transiting in the
Columbia River system now are longer and have deeper drafts than before
the channel was deepened. Having larger vessels, and increased transit
frequency causes concern for safe navigation and emergency situations
with limited anchorage capacity. The proposed Port

Westward anchorage ground would double the anchorage capacity in
Longview, WA, for larger vessels, and allow the pilots to spread out
distances between ships during storms or high wind events. The
increased anchorage capacity in the Columbia River would also alleviate
concern for anchorage availability for vessels experiencing emergencies
or needing a harbor of safe refuge. The regulatory text we are
proposing appears at the end of this document.

IV. Regulatory Analyses

    We developed this proposed rule after considering numerous statutes
and Executive orders related to rulemaking. Below we summarize our
analyses based on a number of these statutes and Executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits. This NPRM has not been designated a ``significant
regulatory action,'' under section 3(f) of Executive Order 12866, as
amended by Executive Order 14094 (Modernizing Regulatory Review).
Accordingly, the NPRM has not been reviewed by the Office of Management
and Budget (OMB).
    This regulatory action determination is based on the location and
size of the proposed anchorage ground, as well as the vessel traffic
and anchoring data provided by the Coast Guard Navigation Center. The
regulation would ensure approximately 0.336 square miles of anchorage
grounds are designated to provide necessary commercial deep draft
anchorages and enhance the navigational safety of commercial vessels
transiting to, from, and within the Columbia River. The impact on
routine navigation is expected to be minimal because the proposed
anchorage ground is located outside the Federal channel and is
consistent with current anchorage habits. When not occupied, vessels
would be able to maneuver in, around, and through the anchorages.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule would not have a significant economic impact on a
substantial number of small entities.
    While some owners or operators of vessels intending to use the
anchorage ground may be mall entities, for reasons stated in section
IV.A above, this proposed rule would not have a significant economic
impact on any vessel owner or operator.
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this proposed rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the proposed rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please call or email the person listed in the
FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not
retaliate against small entities that question or complain about this
proposed rule or any policy or action of the Coast Guard.

C. Collection of Information

    This proposed rule would not call for a new collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132
(Federalism), if it has a substantial direct effect on the States, on
the relationship between the National Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. We have analyzed this proposed rule under that Order and
have determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this proposed rule does not have tribal implications under
Executive Order 13175 (Consultation and Coordination with Indian Tribal
Governments) because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this proposed rule has implications for federalism or
Indian tribes, please call or email the person listed in the FOR
FURTHER INFORMATION CONTACT section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this proposed rule would not
result in such an expenditure, we do discuss the potential effects of
this proposed rule elsewhere in this preamble.

F. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Directive 023-01, Rev. 1, associated implementing
instructions, and Environmental Planning COMDTINST 5090.1 (series),
which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made
a preliminary determination that this action is one of a category of
actions that do not individually or cumulatively have a significant
effect on the human environment. This proposed rule involves
establishing an anchorage ground, Port Westward Anchorage, in an area
traditionally used by commercial ships for anchoring in the Lower
Columbia River system; and increasing the anchorage capacity of the
river system. Normally such actions are categorically excluded from
further review under paragraph L59(a) of Appendix A, Table 1 of DHS
Instruction Manual 023-01-001-01, Rev. 1. A preliminary Record of
Environmental Consideration supporting this determination is available
in the docket. For instructions on locating the docket, see the
ADDRESSES section of this preamble. We seek any comments or information
that may lead to the discovery of a significant environmental impact
from this proposed rule.

V. Public Participation and Request for Comments

    We view public participation as essential to effective rulemaking
and will consider all comments and material received during the comment
period. Your comment can help shape the outcome of this rulemaking. If
you

submit a comment, please include the docket number for this rulemaking,
indicate the specific section of this document to which each comment
applies, and provide a reason for each suggestion or recommendation.
    Submitting comments. We encourage you to submit comments through
the Federal Decision-Making Portal at https://www.regulations.gov. To
do so, go to https://www.regulations.gov, type USCG-2023-0749 in the
search box and click ``Search.'' Next, look for this document in the
Search Results column, and click on it. Then click on the Comment
option. If you cannot submit your material by using https://www.regulations.gov, call or email the person in the FOR FURTHER
INFORMATION CONTACT section of this proposed rule for alternate
instructions.
    Viewing material in docket. To view documents mentioned in this
proposed rule as being available in the docket, find the docket as
described in the previous paragraph, and then select ``Supporting &
Related Material'' in the Document Type column. Public comments will
also be placed in our online docket and can be viewed by following
instructions on the https://www.regulations.gov Frequently Asked
Questions web page. Also, if you click on the Dockets tab and then the
proposed rule, you should see a ``Subscribe'' option for email alerts.
The option will notify you when comments are posted, or a final rule is
published.
    We review all comments received, but we will only post comments
that address the topic of the proposed rule. We may choose not to post
off-topic, inappropriate, or duplicate comments that we receive.
    Personal information. We accept anonymous comments. Comments we
post to https://www.regulations.gov will include any personal
information you have provided. For more about privacy and submissions
to the docket in response to this document, see DHS's eRulemaking
System of Records notice (85 FR 14226, March 11, 2020).

List of Subjects in 33 CFR Part 110

    Anchorage grounds.

    For the reasons discussed in the preamble, the Coast Guard is
proposing to amend 33 CFR part 110 as follows:

PART 110--ANCHORAGE REGULATIONS

0
1. The authority citation for part 110 continues to read as follows:

    Authority: 33 U.S.C. 2071; 46 U.S.C. 70006, 70034; 33 CFR 1.05-
1; Department of Homeland Security Delegation No. 00170.1, Revision
No. 01.3.

0
2. Add Sec.  110.228 (a)(14) to subpart B to read as follows:

Sec.  110.228  Columbia River, Oregon and Washington.

    (a) * * *
    (14) Port Westward Anchorage. All waters in the vicinity of Port
Westward, Oregon, bound by a line connecting the following points:

------------------------------------------------------------------------
                      Latitude                             Longitude
------------------------------------------------------------------------
46[deg]10'16.80''...................................  123[deg]12'58.80''
46[deg]10'48.60''...................................  123[deg]11'25.20''
46[deg]10'43.20''...................................  123[deg]11'21.60''
46[deg]09'59.40''...................................  123[deg]12'46.80''
------------------------------------------------------------------------

    Dated: December 21, 2023.
Charles E. Fosse,
Rear Admiral, U.S. Coast Guard, Commander, Thirteenth Coast Guard
District.
[FR Doc. 2023-28652 Filed 12-27-23; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: July 30, 2010 (Volume 75, Number 146)]
[Notices]
[Page 44995]
[DOCID:fr30jy10-84]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62432; File No.
SR-CBOE-2010-066]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated: Notice of Filing and Immediate Effectiveness of Proposed
Rule Change to Reduce the Payments that CBOE Makes to CBOE Trading
Permit Holders that Participate in a Program Under Which CBOE
Subsidizes the Costs of Providing and/or Using Certain Order Routing
Functionalities

Correction

    In notice document 10-16686 beginning on page 39602, in the issue
of Friday, July 9, 2010 make the following corrections:
    1. On page 39602, on the second column, the heading is corrected to
include the bracketed information [Release No. 34-62432; File No. SR-
CBOE-2010-066].
    2. On page 39603, in the second column, at the end of this
document, the billing code is corrected to appear as BILLING CODE 8010-
01-P.
[FR Doc. C1-2010-16686 Filed 7-29-10; 8:45 am]
BILLING CODE 1505-01-D