This Federal Register notice also includes an alternative approach
that would require states to provide information on CAFOs in their
state. EPA costed this alternative approach separately in the proposed
rule supporting analysis. Under this approach, the reporting burden
would shift from CAFOs to states since states would be responsible for
reporting the data proposed to be collected to EPA. To complete a cost
estimate for this approach, EPA estimated a cumulative incremental cost
based on an assumption that all states would submit their CAFO records
as paper files to the Agency. For purposes of costing this scenario,
EPA estimated that it would take states one hour to prepare and submit
records for 20 facilities. This labor burden combined with photocopying
costs yielded a total state respondent average incremental annual cost
of $16,391. EPA solicits comment on the burden analysis regarding the
requirement for states to submit CAFO information from their regulatory
programs.
    The documentation in the public record on the PRA analysis for this
proposed rulemaking discusses more fully the assumptions used to
project the associated administrative burden, including the burden
faced by CAFOs that subsequently may need to update any information
submitted previously.

V. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    Under Executive Order 12866 (58 FR 51,735; October 4, 1993), this
proposed action is a ``significant regulatory action.'' Accordingly,
EPA submitted this proposed action to the Office of Management and
Budget (OMB) for review under Executive Orders 12866 and 13563 (76 FR
3821, January 21, 2011) and any changes made in response to OMB
recommendations have been documented in the docket for this proposed
action.
    In addition, EPA prepared an analysis of the potential costs and
benefits associated with this proposed action. This analysis is
summarized in Section IV of this preamble above, entitled Impact
Analysis. A copy of the supporting analysis is available in the docket
for this action.

B. Paperwork Reduction Act

    The information collection requirements in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
Information Collection Request (ICR) document prepared by EPA was
assigned EPA ICR No. 1989.08.
    The proposed rule would require CAFOs to provide EPA with basic
facility information. This action would provide EPA with the
information on the universe of CAFOs it needs to ensure compliance with
the CWA. EPA projects that the proposed rule would cause CAFO operators
to experience an increase in annual administrative burden of 6,960
labor hours annually, which translates into an increased annual
administrative cost of $0.2 million. The increase in administrative
costs is based on projecting submission costs for all CAFOs, and is
derived exclusively from the recordkeeping and reporting requirements
associated with submitting the required information to EPA as detailed
in the proposed rule. EPA assumed for purposes of the PRA analysis that
a CAFO would incur a labor burden of one hour for filing the required
information. The proposed action would not impose any new capital costs
on affected entities. The burden for the initial reporting is averaged
over three years for purposes of calculating burden under the PRA. EPA
requests comment on its estimate of burden and costs for CAFOs to
comply with the reporting requirements in the two co-proposed rule
options.
    Under the proposed rule, states would have the option of providing
EPA with datasets on their CAFOs with existing NPDES permits. However,
the effort to generate these datasets is not costed as part of the ICR
since EPA assumes that the states that choose to provide the datasets
to EPA would be the ones for whom this task would not be overly

burdensome, and the burden the states would incur would be in lieu of a
comparable burden avoided by CAFOs that the states reported for.
    Additional details on the assumptions and parameters of the PRA
analysis are available in the ICR document referenced above, which is
available in the docket supporting this proposed rulemaking. Burden is
defined at 5 CFR 1320.3(b).
    A Federal agency may not conduct or sponsor, and a person is not
required to respond to, a collection of information unless it displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
    To comment on the Agency's need for this information, the accuracy
of the provided burden estimates, and any suggested methods for
minimizing respondent burden, EPA has established a public docket for
this proposed rule, which includes the ICR, under Docket ID number EPA-
HQ-OW-2011-0188. Please submit any comments related to the ICR to EPA
and OMB. See ADDRESSES section at the beginning of this notice for
where to submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget,
725 17th Street, NW., Washington, DC 20503, Attention: Desk Office for
EPA. Since OMB is required to make a decision concerning the ICR
between 30 and 60 days after October 21, 2011, a comment to OMB is best
assured of having its full effect if OMB receives it by November 21,
2011. The final rule would respond to any OMB or public comments on the
information collection requirements contained in this proposal.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires a Federal
agency to prepare a regulatory flexibility analysis of any rule subject
to notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule would not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations and small governmental jurisdictions.
    For purposes of assessing the impacts of this rule on small
entities, small entity is defined as: (1) A small business based on
Small Business Administration (SBA) size standards at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district, or special district with a population of
less than 50,000; and (3) a small organization that is any not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.
    After considering the economic impacts of this rule on small
entities, I certify that this proposed action would not have a
significant economic impact on a substantial number of small entities.
This proposed rule does not change any of the substantive requirements
for CAFO operators. While it does increase the net paperwork burden
faced by facilities compared to the burden imposed under the 2003 CAFO
rule, these incremental costs are small compared to the existing
paperwork burden faced by CAFOs and represent an increase in annualized
compliance costs that is significantly less than one percent of
estimated annual sales for any of the affected entities. To reach this
determination, EPA examined sales figures reported in USDA's publicly
available aggregated data and concluded that it is unlikely that the
estimated upper-bound burden impact of one hour per CAFO would exceed
one percent of the average annual sales of any of the livestock
operations for whom sales figures were reported.
    Additionally, this proposed rule would not affect small
governments, as the permitting authorities are state or Federal
agencies and the information would be submitted directly to EPA.
    EPA continues to be interested in the potential impacts of the
proposed rule on small entities and welcomes comments on issues related
to such impacts.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on state, local, tribal governments
and the private sector. Under section 202 of UMRA, EPA generally must
prepare a written statement, including a cost-benefit analysis, for
proposed and final rules with ``federal mandates'' that may result in
expenditures by state, local and tribal governments, in the aggregate,
or to the private sector, of $100 million or more in any one year.
Before promulgating an EPA rule for which a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates and informing, educating and
advising small governments on compliance with the regulatory
requirements.
    EPA has determined that this proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for state, local and tribal governments, in the aggregate, or the
private sector in any one year. The proposed rule also presents an
alternative approach that would require states to submit information on
CAFOs. EPA determined that this alternative approach, which principally
would involve photocopying, would also not result in a burden above the
threshold. Thus, this rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
    EPA has determined that this rule would contain no regulatory
requirements that might significantly or uniquely affect small
governments. There are no local or tribal governments authorized to
implement the NPDES permit program and the Agency is unaware of any
local or tribal governments who are owners or operators of CAFOs. Thus,
this rule is not subject to the requirements of section 203 of UMRA.

E. Executive Order 13132: Federalism

    This proposed action does not have federalism implications. Since
the reporting under the proposed rule would require CAFOs to submit
their information directly to EPA, it would not have substantial direct
effects on the states, on the relationship between the national
government and the states, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. The proposed rule would offer states the
option of submitting information on behalf of the state's CAFOs.
However, the proposed rule would not require states to adopt

this option; therefore, EPA does not consider this proposed rule to
have a substantial impact on states. Thus, Executive Order 13132 does
not apply to this proposed action.
    EPA is requesting comment on alternative approaches for gathering
CAFO information. One of these approaches would require States to
submit information on their CAFOs. EPA examined costs associated with
this alterative and concluded based on a conservative estimate of
burden impacts that the alternative would not trigger federalism
concerns.
    In the spirit of Executive Order 13132 and consistent with EPA
policy to promote communications between EPA and state and local
governments, EPA specifically solicits comment on this proposed action
from state and local officials.

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

    This proposed action does not have tribal implications, as
specified in Executive Order 13175 (65 FR 67249, November 9, 2000),
because there are currently no tribal governments authorized for the
NPDES program. In addition, EPA is not aware of any Indian tribal
governments that own CAFOs that would be subject to the proposed
reporting requirements. Thus, Executive Order 13175 does not apply to
this action.
    This proposed rulemaking could have the effect of providing
increased opportunities for the tribal governments to obtain
information on all CAFOs within their governmental boundaries and, as
such, may facilitate their interactions with entities of possible
concern.
    In the spirit of Executive Order 13175 and consistent with EPA
policy to promote communications between EPA and tribal governments,
EPA would also distribute information on the outcome of the rulemaking
process once the rulemaking action is finalized.
    EPA solicits comment on the Agency's approach to meeting its
obligations under E.O. 13175 for the proposed action.

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

    Executive Order 13045 ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19,885; April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866 and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
    This proposed rule is not subject to Executive Order 13045 because
it is not economically significant as defined in Executive Order 12866
and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this proposed action
present a disproportionate risk to children. The benefits analysis
performed for the 2003 CAFO rule determined that the rule would result
in certain significant benefits to children's health. (Please refer to
the Benefits Analysis in the record for the 2003 CAFO final rule.) This
proposed action does not affect the environmental benefits of the 2003
CAFO rule.

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

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 28355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. EPA has concluded that this rule is not
likely to have any adverse energy effects since CAFOs in general do not
figure significantly in the energy market, and the regulatory revisions
finalized in this rule are not likely to change existing energy
generation or consumption profiles for CAFOs.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law No. 104-113, 12(d) (15 U.S.C. 272
note) directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures and business practices) that are developed or
adopted by voluntary consensus standards bodies. NTTAA directs EPA to
provide Congress, through OMB, explanations when the Agency decides not
to use available and applicable voluntary consensus standards.
    This proposed rulemaking does not involve the use of technical
standards. Therefore, EPA is not considering the use of any voluntary
consensus standards.

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies and activities on minority populations and low-income
populations in the United States.
    EPA has determined that the information collected by this rule
could benefit minority and low-income populations by providing
information on nearby CAFOs with potential effects on neighboring
communities. In addition, the Agency anticipates that the information
to be collected under the rulemaking would aid EPA's consideration of
environmental justice concerns as the Agency moves forward with
implementation of the NPDES CAFO program.
    As part of EPA's continued effort to meet its obligations under
E.O. 12898, the Agency has completed an analysis to identify those
portions of the country where there are both large numbers of CAFOs as
well as concentrations of minority and low-income populations. These
regions include parts of the Carolina lowlands, central California and
the Delmarva Peninsula on the Chesapeake Bay.
    EPA solicits comment on the ability of the questions as proposed to
support consideration of environmental justice (EJ) concerns related to
future design and implementation of the NPDES CAFO program. EPA seeks
comment on what other questions beyond those proposed would support EJ
concerns and be valuable to EJ communities. EPA welcomes suggestions
for EJ groups who could help shape the Agency's outreach to EJ
communities. EPA also seeks comment on its analysis supporting E.O.
12898, which shows where large numbers of CAFOs and EJ communities co-
exist. The supporting analysis is contained in the docket for the
proposed rulemaking.

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INSTRUCTION SHEET

GENERAL INSTRUCTIONS

Defined Terms
    Terms in italics below are specifically defined in the Survey Form
Definitions section of these instructions. Refer to this section for
specific meaning of these terms.
Purpose of Form
    Owners of concentrated animal feeding operations (CAFOs) must use
this survey form to submit the information required by 40 CFR
122.23(k).
Who Must File
    Owners of CAFOs are required to submit the information specified at
40 CFR 122.23(k) regardless of whether the CAFO is required to seek
NPDES permit coverage. For the purposes of this survey, a CAFO means an
animal feeding operation (AFO) that is defined as a Large CAFO or
Medium CAFO by 40 CFR 122.23(b), or that is designated as a CAFO in
accordance with 40 CFR 122.23(c). Further definitions for the purpose
of this form are in the section, Survey Form Definitions. The owners of
AFOs that have not been designated and that do not confine the required
number of animals to meet the definition of a Large or Medium CAFO are
not required to submit information.
Where to Submit
    Send the completed and signed survey form to:

U.S. EPA, Office of Water, Office of Wastewater Management, Mail Code
4203M, 1200 Pennsylvania Avenue, NW., Washington, DC 20460

When to Submit
    Under proposed option 1, owners of CAFOs must submit the survey
form to EPA [within 90 days after EPA makes available a list of CAFOs
for which a state has provided the information] and under proposed
option 2, owners of CAFOs must submit the survey form by [the deadline
specified in a separate Federal Register Notice]. NPDES authorized
states that choose to submit the information on behalf of a CAFO would
be required to submit the information to EPA [within 90 days after the
effective date of the rule]. Subsequently, under proposed option 1,
owners of CAFOs not authorized by an NPDES permit must resubmit the
survey form between [January 1 and June 1, 2022] and every subsequent
tenth year thereafter between [January 1 and June 1]. The survey form
provides a checkbox that indicates such resubmissions.
Entering Responses
    CAFOs must provide the information on this survey form
electronically except where electronic submission would cause an undue
burden or expense. Electronic submissions may be made via the Agency's
information management system. Please go to www.epa.gov/npdes/afo for
more information on how to submit.
    However, EPA is making paper filing available in recognition that
not everyone has internet access. If using a hardcopy of the form to
submit the information, use blue or black ink only to complete a
hardcopy of the survey form. Mark the electronic submission waiver box
and provide a reason why the respondent is providing the information by
completing and submitting a hard copy of this survey form.
    Please print clearly. Mark all applicable checkboxes with an ``X''.
    Changes at the operation after the owner submits this information
are not required to be reported, except that CAFOs not authorized by an
NPDES permit must resubmit the survey form every 10 years as specified
above.
Confidential Business Information
    Regulations governing the confidentiality of business information
are contained in the Code of Federal Regulations (CFR) at Title 40 Part
2, Subpart B. Under sections 2.208, business information is entitled to
confidential treatment if, ``the business has satisfactorily shown that
disclosure of the information is likely to cause substantial harm to
the business's competitive position. You may assert a business
confidentiality claim covering part or all of the information you
submit, as described in 40 CFR 2.203(b):

    ``(b) Method and time of asserting business confidentiality claim.
A business which is submitting information to EPA may assert a business
confidentiality claim covering the information by placing on or
attaching to the information, at the time it is submitted to EPA, a
cover sheet, stamped or typed legend, or other suitable form of notice
complying language such as `trade secret', `proprietary,' or `company
confidential.' Allegedly confidential portions of otherwise
nonconfidential documents should be clearly identified by the business,
and may be submitted separately to facility identification and handling
by EPA. If the business desires confidential treatment only until a
certain date or until the occurrence of a certain event, the notice
should so state''

    If you claim any response as CBI, you must specify the portion of
the response or document for which you assert a claim of
confidentiality by reference to page numbers, paragraphs, and lines, or
specify the entire response or document. This information must be
provided as part of the submission of the completed survey form. Note
that EPA will review the information submitted and may request your
cooperation in providing information to identify and justify the basis
of your CBI claim. Information covered by a claim of confidentiality
will be disclosed by EPA only to the extent of, and by means of, the
procedures set forth in 40 CFR Part 2, Subpart B. In general, submitted
information protected by a business confidentially claim may be
disclosed to other employees, officers, or authorized representatives
of the United States concerned with implementing the Clean Water Act.

SURVEY FORM INSTRUCTIONS

Submission Information
    Please check the appropriate box to indicate whether the CAFO is
supplying information for the first time or resubmitting the survey
form. A CAFO may also voluntarily update their information if the
operation is no longer a CAFO.
Section 1. Contact Information
    Use legal names. Provide the mailing address for the owner of the
CAFO or authorized representative. The address may be a business
address, a post office box, or the address of the CAFO owner or
authorized representative. A county road number may indicate the
operation's street address.
Section 2. Location Information
    Provide location of the production area either by the latitude and
longitude for the production area or by the street address of the
CAFO's production area. Please provide latitude or longitude in degree
decimals. For CAFOs that have multiple production areas, such as
facilities under common ownership, that either adjoin each other or use
a common area or system for waste disposal, the entrance to the
production area for the largest portion of the CAFO should be provided.
    For the purposes of this form, the entrance to the production area
may be a road leading to the confinement houses or the central point of
access to the operation. This information is commonly included in a
nutrient management plan or, alternatively, the respondent may
determine the latitude and longitude for the entrance to the production
area by using interactive maps available on the internet. Latitude or
longitude information can be obtained at the following websites: http://www.satsig.net/maps/lat-long-finder.htm, http://earth.google.com/, and
http://www.census.gov/geo/landview/. If the units for the CAFO's
latitude or longitude is in minutes/seconds, this information can be
readily converted through a variety of free internet applications.
    The respondent need only provide either the CAFO's latitude and
longitude or the street address of the CAFO's production area.
Section 3. NPDES Permit Information
    Use the appropriate checkbox to indicate whether the CAFO has a
current NPDES permit. A current NPDES permit would provide coverage to
the CAFO as of the date the report is submitted. If you have an NPDES
permit, check the ``Yes'' box and provide the NPDES permit number and
the date of issuance for NPDES permit coverage. NPDES permit coverage
may have been issued to the CAFO after submitting an individual NPDES
permit application or a Notice of Intent (NOI) for coverage under a
general NPDES permit. CAFOs should find their NPDES permit number on
the copy of the permit for an individual permit or on the written
notification from the permitting authority acknowledging receipt of the
NOI. States may refer to the NPDES permit number as a tracking number,
operating permit number, or state identification number. For example,
Maryland identifies its general NPDES permit as ``MDG01,'' whereas,
Missouri's general operating permit number ``MO-G010000.''
    If you do not have an NPDES permit, check the ``No'' box and go to
Section 4. Type and Number of Animals. If you applied for an NPDES
permit but have not received any notice of coverage, please check the
``Pending'' box and provide the date that the NOI or NPDES permit
application was submitted.
Section 4. Type and Number of Animals
    Use the table to indicate the maximum number of animals for each
animal type held either in open confinement including partially covered
or housed totally under roof held at the CAFO for a total of 45 days or
more in the previous 12 months.
    CAFOs with multiple production cycles should provide the maximum
number of animals confined for any given production cycle. Multiple
production cycles are common at poultry and swine operations. CAFOs
under common ownership should report the cumulative number of animals
confined for 45 days or more.
    It is important to note that the 45 days do not have to be
consecutive, and the 12-month period does not have to correspond to the
calendar year. The 12-month does not have to correspond to the calendar
year. If an animal is confined at an operation for any portion of a
day, it is considered to be confined for a full day. Please see
definition of an animal feeding operation of these instructions.
    EXAMPLE: A calf/cow operation that has the capacity to hold 2,000
head of cattle. The facility operates year-round and never confines
less than 1,000 head of cattle at any one time. The facility has both
pasture and partially opened barns. The operation meets the definition
of a CAFO because: 1) it confines the required animal numbers to meet
the Large CAFO threshold, 2) confines the animals for more than 45
days, and 3) the confinement area does not sustain vegetation. For the
last 12-month period, the cow/calf operation split its calving between
fall and spring. During the fall, the operation confined 1,500 head of
cattle for 45 days or more and during the spring, the operation
confined 1,000 head of cattle. This operation should report in the
table under calf/cow pairs and list 1,500 under the column for ``Open
Confinement (include partially covered)''.
Section 5. Land Application
    Provide the amount of acres available for land application. Report
in whole acres, rounding up to the nearest whole number if necessary.
Include land associated with the CAFO, whether in production or not.
Include all land that the owner or operator owned or rented during the
previous 12-month period, even if only for part of the year, and any
land that is owned by or rented or leased to others in which the owner
or operator of the CAFO retains nutrient management decisions. This may
also include situations where a farmer releases control over the land
application area, and the CAFO determines when and how much manure is
applied to fields not otherwise owned, rented, or leased by the CAFO.
Exclude residential or other land not used for agricultural purposes.
Section 6. Signature Requirements
    A responsible official in accordance with 40 CFR 122.22 must sign
the certification statement provided on the form. Print the name of the
signatory. Provide the date of signature and title of the signatory.

SURVEY FORM DEFINITIONS

    The definitions provided below are for the purposes of this
information gathering survey form. All terms not defined below shall
have their ordinary meaning, unless such terms are defined in the Clean
Water Act, 33 U.S.C. Sec.  1362, or its implementing regulations found
at 40 CFR parts 122 and 412 respectively, in which case the statutory
or regulatory definitions apply.
    1. ``Animal feeding operation'' means a lot or facility (other than
an aquatic animal production facility) where animals have been, are, or
will be, stabled, confined, and fed or maintained for a total of 45
days or more in any 12-month period and crops, vegetation, forage
growth, or post-harvest residues are not sustained in the normal
growing season over any portion of the lot or facility. (40 CFR
122.23(b)(1)). Two or more AFOs under common ownership are considered
to be a single AFO for purposes of determining the number of animals at
an operation, if they adjoin each other, are next to, sharing property
lines or if they use a common area or system for manure management or
the disposal of wastes. (40 CFR 122.23(b)(2)).
    2. ``Authorized representative'' means an individual who is
involved with the management or representation of the CAFO. An
authorized representative must be located within reasonable proximity
to the CAFO, and must be authorized and sufficiently informed to
respond to inquiries from EPA on behalf of the CAFO.
    3. ``Concentrated animal feeding operation'' (CAFO) means an AFO
that is defined as a Large CAFO or as a Medium CAFO by the terms of
this paragraph, or that is designated as a CAFO in accordance with
paragraph (c) of this section. Two or more AFOs under common ownership
are considered to be a single AFO for the purposes of determining the
number of animals at an operation, if they adjoin each other or if they
use a common area or system for the disposal of wastes.
    4. ``Large concentrated animal feeding operation'' means an AFO
that stables or confines as many as or more than the numbers of animals
specified in any of the following categories: (i) 700 mature dairy
cows, whether milked or dry; (ii) 1,000 veal calves; (iii) 1,000 cattle
other than mature dairy cows or veal calves. Cattle includes but is not
limited to heifers, steers, bulls and cow/calf pairs; (iv) 2,500 swine
each weighing 55 pounds or more; (v) 10,000 swine each weighing less
than 55 pounds; (vi) 500 horses; (vii) 10,000 sheep or lambs; (viii)
55,000 turkeys; (ix) 30,000 laying hens or broilers, if the AFO uses a
liquid manure handling system; (x) 125,000 chickens (other than laying
hens), if the AFO uses other than a liquid manure handling system; (xi)
82,000 laying hens, if the AFO uses other than a liquid manure handling
system; (xii) 30,000 ducks (if the AFO uses other than a liquid manure
handling system); or (xiii) 5,000 ducks (if the AFO uses a liquid
manure handling system).
    5. ``Manure'' includes manure, or bedding or bedding material, hay,
compost, and raw material or other materials commingled with manure
that is to be land applied or set aside for disposal.
    6. ``Medium concentrated animal feeding operation'' means any AFO
with the type and number of animals that fall within any of the ranges
listed in paragraph (b)(6)(i) of this section and which has been
defined or designated as a CAFO. An AFO is defined as a Medium CAFO if:
(i) The type and number of animals that it stables or confines falls
within any of the following ranges: (A) 200 to 699 mature dairy cows,
whether milked or dry; (B) 300 to 999 veal calves; (C) 300 to 999
cattle other than mature dairy cows or veal calves. Cattle includes but
is not limited to heifers, steers, bulls and cow/calf pairs; (D) 750 to
2,499 swine each weighing 55 pounds or more; (E) 3,000 to 9,999 swine
each weighing less than 55 pounds; (F) 150 to 499 horses; (G) 3,000 to
9,999 sheep or lambs; (H) 16,500 to 54,999 turkeys; (I) 9,000 to 29,999
laying hens or broilers, if the AFO uses a liquid manure handling
system; (J) 37,500 to 124,999 chickens (other than laying hens), if the
AFO uses other than a liquid manure handling system; (K) 25,000 to
81,999 laying hens, if the AFO uses other than a liquid manure handling
system; (L) 10,000 to 29,999 ducks (if the AFO uses other than a liquid
manure handling system); or (M) 1,500 to 4,999 ducks (if the AFO uses a
liquid manure handling system); and (ii) Either one of the following
conditions are met: (A) Pollutants are discharged into waters of the
United States through a man-made ditch, flushing system, or other
similar man-made device; or (B) Pollutants are discharged directly into
waters of the United States which originate outside of and pass over,
across, or through the facility or otherwise come into direct contact
with the animals confined in the operation.
    7. ``Owner or operator'' means the property owner or any person who
owns, leases, operates, controls, or supervises the operations at the
CAFO. Any person who operates an AFO subject to regulation under the
NPDES program may be involved with making day-to-day decisions about,
or doing, such things as planting, harvesting, feeding, waste
management, and/or marketing. The operator can include, but is not
limited to, the owner, a member of the owner's household, a hired
manager, a tenant, a renter, or a sharecropper.
    8. ``NPDES Permit'' means an authorization, license, or equivalent
control document issued by EPA or an ``approved State'' to implement
the requirements of the CWA NPDES permitting program and implementing
regulations at 40 CFR parts 122, 123, and 124.
    9. ``Process wastewater'' means water directly or indirectly used
in the operation of the AFO including but not limited to: spillage or
overflow from animal or poultry watering systems; washing; cleaning, or
flushing pens, barns, manure pits, or other AFO facilities; direct
contact swimming, washing, or spray cooling of animals; or dust
control. Process wastewater also includes any water which comes into
contact with any raw materials, products, or byproduct including,
manure, litter, feed, milk, eggs, or bedding.
    10. ``Producer'' means any grower, breeder, or person who otherwise
raises animals for production.
    11. ``Production area'' means that part of an AFO that includes the
animal confinement area, the manure storage area, the raw materials
storage area, and the waste containment areas. The animal confinement
area includes but is not limited to open lots, housed lots, feedlots,
confinement houses, stall barns, free stall barns, milkrooms, milking
centers, cowyards, barnyards, medication pens, walkers, animal
walkways, and stables. The manure storage area includes but is not
limited to lagoons, runoff ponds, storage sheds, stockpiles, under-
house or pit storages, liquid impoundments, static piles, and
composting piles. The raw materials storage area includes but is not
limited to feed silos, silage bunkers, and bedding materials. The waste
containment area includes but is not limited to settling basins, and
areas within berms and diversions which separate uncontaminated storm
water. Also included in the definition of production area is any egg
washing or egg processing facility, and any area used in the storage,
handling, treatment, or disposal of mortalities.
    12. ``Storage pond'' means an earthen impoundment used to retain
manure, bedding, process wastewater (such as parlor water) and runoff
liquid.

    13. ``Waste'' and/or ``wastes'' means dredged spoil, solid waste,
incinerator residue, sewage, garbage, sewage sludge, munitions,
chemical wastes, biological materials, radioactive materials, heat,
wrecked or discarded equipment, rock, sand, cellar dirt, and
industrial, municipal, and agricultural waste, including but not
limited to manure, litter, and/or process wastewater, discharged into
water.
    Federal regulations require the certification to be signed as
follows:
    A. For a corporation, by a principal executive officer of at least
the level of vice president.
    B. For a partnership or sole proprietorship, by a general partner
or the proprietor, respectively; or
    C. For a municipality, State, Federal, or other public facility, by
either a principal executive officer or ranking elected official.
Paper Reduction Act Notice
    The public reporting and recordkeeping burden for this collection
of information is estimated to average one hour per response. The
estimate includes time for reviewing instructions, searching existing
data sources, gathering and maintaining the needed data, and completing
and reviewing the collection of information. Send comments on the
Agency's need for this information, the accuracy of the provided burden
estimates, and any suggested methods for minimizing respondent burden,
including through the use of automated collection techniques to the
Director, Collection Strategies Division, U.S. Environmental Protection
Agency (2822T), 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Include the OMB control number in any correspondence. Do not send the
completed survey form to this address.

List of Subjects

40 CFR Part 9

    Environmental protection, Reporting and recordkeeping requirements.

40 CFR Part 122

    Administrative practice and procedure, Confidential business
information, Hazardous substances, Reporting and recordkeeping
requirements, Water pollution control.

    Dated: October 14, 2011.
Lisa P. Jackson,
Administrator.
    For the reasons set out in the preamble, chapter I of Title 40 of
the Code of Federal Regulations is proposed to be amended as follows:

PART 9--OMB APPROVALS UNDER THE PAPERWORK REDUCTION ACT

    1. The authority citation for part 9 continues to read as follows:

    Authority:  7 U.S.C. 135 et seq., 136-136y; 15 U.S.C. 2001,
2003, 2005, 2006, 2601-2671; 21 U.S.C. 331j, 346a, 348; 31 U.S.C.
9701; 33 U.S.C. 1251 et seq., 1311, 1313d, 1314, 1318, 1321, 1326,
1330, 1342, 1344, 1345(d) and (e), 1361; Executive Order 11735, 38
FR 21243, 3 CFR, 1971-1975 Comp. p. 973; 42 U.S.C. 241, 242b, 243,
246, 300f, 300g-1, 300g-2, 300g-3, 300g-4, 300g-5, 300g-6, 300j-1,
300j-2, 300j-3, 300j-4, 300j-9, 1857 et seq., 6901-6992k, 7401-
7671q, 7542, 9601-9657, 11023, 11048.

    2. In Sec.  9.1 the table is amended by adding an entry in
numerical order under the indicated heading to read as follows:

Sec.  9.1  OMB approvals under the Paperwork Reduction Act.

* * * * *

------------------------------------------------------------------------
              40 CFR citation                     OMB  Control  No.
------------------------------------------------------------------------

                                * * * * *
   EPA Administered Permit Programs: The National Pollutant Discharge
                           Elimination System

                                * * * * *
122.23(k).................................  2040-0250

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

PART 122--EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM

    3. The authority citation for part 122 continues to read as
follows:

    Authority: The Clean Water Act, 33 U.S.C. 1251 et seq.

    4. Section 122.23 is amended by adding paragraph (k) to read as
follows:

Sec.  122.23  Concentrated animal feeding operations (applicable to
state NPDES programs, see Sec.  1223.25)

* * * * *

Option 1 for Paragraph (k)

    (k) Information Gathering Survey for CAFOs. (1) All CAFOs must
submit information to EPA. The owner(s) or operator(s) of a CAFO, as
defined in 40 CFR 122.23(b), must provide the information specified in
paragraph (k)(2) of this section to the Administrator, except in cases
where a state voluntarily fulfills this requirement on behalf of the
owner(s) or operator(s) of CAFOs located within that state, according
to the procedures specified in paragraph (k)(5) of this section.
    (2) Information to be submitted to the Administrator. The owner or
operator of a CAFO or a state must provide the following information to
the Administrator:
    (i) The legal name of the owner of the CAFO or an authorized
representative, and their mailing address, e-mail address (if
available) and primary telephone number. (An authorized representative
must be an individual who is involved with the management or
representation of the CAFO. The authorized representative must be
located within reasonable proximity to the CAFO, and must be authorized
and sufficiently informed to respond to inquiries from EPA on behalf of
the CAFO);
    (ii) The location of the CAFO's production area identified by the
latitude and longitude; or by the street address;
    (iii) If the owner or operator has NPDES permit coverage as of [the
effective date of final rule], the date of issuance of coverage under
the NPDES permit, and the permit number. If the owner or operator has
submitted an NPDES permit application or a Notice of Intent as of [the
effective date of final rule] but has not received coverage, the date
the owner or operator submitted the NPDES permit application or Notice
of Intent;
    (iv) For the previous 12-month period, identification of each
animal type confined either in open confinement including partially
covered areas, or housed totally under roof at the CAFO for 45 days or
more, and the maximum number of each animal type confined at the CAFO
for 45 days or more; and
    (v) Where the owner or operator land applies manure, litter and
process wastewater, the total number of acres under the control of the
owner or operator available for land application.
    (3) Submission process for CAFOs. The owner or operator of a CAFO
must submit the information specified in paragraph (k)(2) of this
section using the survey form provided by the Administrator. The owner
or operator of a CAFO must submit the survey form to the Administrator,
either by certified mail, or electronically, through the Agency's
electronic information management system by the deadline specified in
(k)(4) of this section. If submitting the survey form by certified
mail, the owner or operator of a CAFO must indicate on the survey form
that an electronic submission waiver applies and provide justification
as to why

electronic submission would cause an undue burden or expense.
    (4) Deadline for submissions by owners or operators of CAFOs. (i)
An operation defined or designated as a CAFO as of [the effective date
of the final rule], where a state did not provide the required
information to EPA in accordance with paragraph (k)(5) of this section.
Where a state does not provide the information required by paragraph
(k)(2) of this section in accordance with paragraph (k)(5) of this
section, a CAFO must submit the information required by paragraph
(k)(2) in accordance with paragraph (k)(3) [within 90 days] after EPA
makes available a list of CAFOs for which a state has provided the
information.
    (ii) CAFOs for which a state has provided the required information
to EPA in accordance with paragraph (k)(5) of this section. CAFOs for
which a state submitted the information required by paragraph (k)(2) of
this section in accordance with paragraph (k)(5) of this section, may,
but are not required to, provide information to EPA [within 90 days]
after EPA makes available a list of CAFOs for which a state has
provided the information.
    (iii) Resubmission requirement for CAFOs not authorized by an NPDES
permit. CAFOs not authorized by an NPDES permit must submit the
information specified in paragraph (k)(2) of this section or update
information previously submitted, pursuant to the procedures specified
by paragraph (k)(3) of this section, between January 1 and June 1 every
ten years following 2012 (e.g., 2022, 2032, etc.). The periodic
submission requirement applies to all CAFOs not authorized by an NPDES
permit at the time of these dates, whether or not CAFOs at one point
had permit coverage at any time prior to these dates. CAFOs established
after the first 2012 information submission period that do not have
NPDES permits are subject to this ten-year resubmission requirement.
    (5) Elements of state voluntary submissions. In order to fulfill
the requirements of paragraphs (k)(1) and (k)(2) of this section on
behalf of CAFOs, a state must:
    (i) Use the Agency's electronic information management system to
submit the information.
    (ii) Submit information from the state's most recent application
process, from a CAFO's most recent annual report, or from another
current information source,
    (iii) Submit the information [within 90 days after the effective
date of the rule].

Option 2 for Paragraph (k)

    (k) Information Gathering Survey for CAFOs in Focus Watersheds. (1)
CAFOs in focus watersheds must submit information to EPA. The owner(s)
or operator(s) of a CAFO, as defined in 40 CFR 122.23(b), located in a
focus watershed as identified by EPA as provided in paragraph (k)(2) of
this section, must, if so notified as provided in paragraph (k)(3),
provide the information specified in paragraph (k)(4) of this section
to the Administrator according to the procedures specified in paragraph
(k)(5) of this section by the deadline specified in (k)(6) of this
section.
    (2) How will EPA identify a focus watershed? To identify a focus
watershed, EPA shall:
    (i) Determine that the area has water quality concerns associated
with CAFOs, including but not limited to nutrients (nitrogen and
phosphorus), pathogens (bacteria, viruses, protozoa), total suspended
solids (turbidity) and organic enrichment (low dissolved oxygen), and
consider one or more of the following criteria;
    (A) High priority watershed due to other factors such as vulnerable
ecosystems, drinking water source supplies, watersheds with high
recreational value, or watersheds that are outstanding natural resource
waters (Tier 3 waters);
    (B) Vulnerable soil type;
    (C) High density of animal agriculture; and/or
    (D) Other relevant information; and
    (ii) Define the geographical location and extent of the focus
watershed using Zip Codes, counties, hydrologic unit codes (HUCs), or
other relevant information that would define the geographical location
and extent of an area.
    (3) How will EPA notify CAFOs in a focus watershed if they have an
obligation to provide information? If EPA is unable, after reasonable
effort, to obtain the information in paragraph (k)(4) of this section
from all CAFOs in a focus watershed, EPA will:
    (i) Conduct outreach in the focus watershed regarding the need for
CAFOs to submit the information specified in paragraph (k)(4) of this
section for a minimum of [30] days.
    (ii) Provide notice to the CAFOs of the need to submit information
and the timing for such request by notice in the Federal Register and
other appropriate means in the focus watershed.
    (4) Information to be submitted to the Administrator. The owner or
operator of a CAFO located in a focus watershed identified by EPA as
provided in paragraph (k)(2) of this section must provide the following
information to the Administrator, if so notified in accordance with
paragraph (k)(3) of this section:
    (i) The legal name of the owner of the CAFO or an authorized
representative, and their mailing address, e-mail address (if
available) and primary telephone number. (An authorized representative
must be an individual who in involved with the management or
representation of the CAFO. The authorized representative must be
located within reasonable proximity to the CAFO, and must be authorized
and sufficiently informed to respond to inquiries from EPA on behalf of
the CAFO);
    (ii) The location of the CAFO's production area identified by the
latitude and longitude; or by the street address;
    (iii) If the owner or operator has NPDES permit coverage as of [the
effective date of final rule], the date of issuance of coverage under
the NPDES permit, and the permit number. If the owner or operator has
submitted an NPDES permit application or a Notice of Intent as of [the
effective date of final rule] but has not received coverage, the date
the owner or operator submitted the NPDES permit application or Notice
of Intent;
    (iv) For the previous 12-month period, identification of each
animal type confined either in open confinement including partially
covered areas, or housed totally under roof at the CAFO for 45 days or
more, and the maximum number of each animal type confined at the CAFO
for 45 days or more; and
    (v) Where the owner or operator land applies manure, litter and
process wastewater, the total number of acres under the control of the
owner or operator available for land application.
    (5) Submission process for CAFOs in focus watersheds. The owner or
operator of a CAFO located in a final focus watershed, if so notified
by EPA, must submit the information specified in paragraph (k)(4) of
this section using the survey form provided by the Administrator. The
owner or operator of a CAFO located in a focus watershed and so
notified must submit the survey form to the Administrator, either by
certified mail, or electronically, through the Agency's electronic
information management system by the deadline specified in paragraph
(k)(5) of this section. If submitting the survey form by certified
mail, the owner or operator of a CAFO located in a focus watershed must
indicate on the survey form that an electronic submission waiver
applies and provide justification as to why

electronic submission would cause an undue burden or expense.
    (6) Deadline for submissions by owners or operators of CAFOs in
focus watersheds. The owner or operator of a CAFO located in a focus
watershed and so notified must submit the information required by
paragraph(k)(4) of this section in accordance with paragraph (k)(5) of
this section [within 90 days] after EPA notifies CAFOs of such
obligation in accordance with paragraph (k)(3).

[FR Doc. 2011-27189 Filed 10-20-11; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 205 (Wednesday, October 23, 2013)]
[Notices]
[Page 63273]
[FR Doc No: 2013-24810]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Notice of Applications for Certificates of Public Convenience and
Necessity and Foreign Air Carrier Permits Filed Under Subpart B
(Formerly Subpart Q) During the Week Ending October 5, 2013

    The following Applications for Certificates of Public Convenience
and Necessity and Foreign Air Carrier Permits were filed under Subpart
B (formerly Subpart Q) of the Department of Transportation's Procedural
Regulations (See 14 CFR 301.201 et. seq.). The due date for Answers,
Conforming Applications, or Motions to Modify Scope are set forth below
for each application. Following the Answer period DOT may process the
application by expedited procedures. Such procedures may consist of the
adoption of a show-cause order, a tentative order, or in appropriate
cases a final order without further proceedings.
    Docket Number: DOT-OST-2013-0185.
    Date Filed: October 3, 2013.
    Due Date for Answers, Conforming Applications, or Motion to Modify
Scope: October 24, 2013.
    Description: Application of Ukraine International Airlines
requesting a foreign air carrier permit to engage in scheduled air
transportation of passengers, property and mail between any point or
points in Ukraine, via intermediate points, and any point or points in
the United States, and beyond; and on-demand charter air transportation
of passengers, property and mail between any point or points in Ukraine
and any point or points in the United States, as well as any point or
points in the United States and any point or points in a third country
or countries subject to pertinent national, bilateral and international
rules and regulations.

Barbara J. Hairston,
Supervisory Dockets Officer, Docket Operations, Federal Register
Liaison.
[FR Doc. 2013-24810 Filed 10-22-13; 8:45 am]
BILLING CODE 4910-9X-P


[Federal Register: June 16, 2006 (Volume 71, Number 116)]
[Notices]
[Page 34902]
[DOCID:fr16jn06-67]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. P-2197-073]

Alcoa Power Generating, Inc.; Errata Notice and Revised Schedule

June 9, 2006.
    On May 10, 2006 the Commission issued a ``Notice of Application
Tendered for Filing'' in the above-referenced proceeding. This Errata
makes the following corrections to the notice:
    (1) Under letter n., paragraph 4, item (8), the number, ``447,150
kW,'' should be replaced with the number, ``107,780 kW,'' to report the
total installed capacity of the Narrows Development.
    (2) Under letter n., paragraph 6, the last sentence should be
replaced with the following sentences: ``According to a 1968 Headwaters
Benefits Settlement, APGI is to operate High Rock Reservoir such that
regulated weekly average stream flow would be reduced to a flow not
less than 1,500 cfs during the ten week period preceding May 15; 1,610
cfs during the period May 15 through July 1; and 1,400 cfs during the
period July 1 through September 15. During the 2002 drought, APGI and
Progress Energy agreed, in a regional Emergency Drought Management
Protocol (now expired), to operate the projects so as to achieve a
daily average flow of 900 cfs at the Rockingham, North Carolina U.S.
Geological Survey gage.''
    (3) Under letter q. Procedural Schedule: The table is revised as
follows:

------------------------------------------------------------------------
                Milestone                           Target date
------------------------------------------------------------------------
Tendering Notice........................  May 10, 2006.
File Additional Study Requests..........  June 26, 2006.
Additional Information Requests (if       July 2006.
 necessary).
Issue Acceptance Letter and Solicit       Oct. 2006.
 Interventions.
Issue Scoping Document 1 for Comments...  Nov. 2006.
Hold Scoping Meetings...................  Jan. 2006.
Request Additional Information (if        March 2007.
 necessary).
Issue Scoping Document 2 (if necessary).  March 2007.
Notice of Application Ready for           April 2007.
 Environmental Analysis.
Filing of Recommendations, Preliminary    June 2007.
 Terms and Conditions, and Fishway
 Prescriptions.
Notice of Availability of Draft EA or     Sept. 2007.
 EIS.
Comments on Draft EA or EIS and Modified  Nov. 2007.
 Terms and Conditions.
Notice of Availability of Final EA or     March 2008.
 EIS.
Ready for Commission Decision on the      April 2008.
 Application.
------------------------------------------------------------------------

Magalie R. Salas,
Secretary.
 [FR Doc. E6-9392 Filed 6-15-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register: July 6, 2010 (Volume 75, Number 128)]
[Notices]
[Page 38857]
[DOCID:fr06jy10-111]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold a Closed Meeting on Thursday, July 8,
2010 at 2 p.m.
    Commissioners, Counsel to the Commissioners, the Secretary to the
Commission, and recording secretaries will attend the Closed Meeting.
Certain staff members who have an interest in the matters also may be
present.
    The General Counsel of the Commission, or his designee, has
certified that, in his opinion, one or more of the exemptions set forth
in 5 U.S.C. 552b(c)(3), (5), (7), (8), 9(B) and (10) and 17 CFR
200.402(a)(3), (5), (7), (8), 9(ii) and (10), permit consideration of
the scheduled matters at the Closed Meeting.
    Commissioner Walter, as duty officer, voted to consider the items
listed for the Closed Meeting in a closed session.
    The subject matter of the Closed Meeting scheduled for Thursday,
July 8, 2010 will be:

Institution and settlement of injunctive actions;
Institution and settlement of administrative proceedings;
Consideration of amicus participation;
A regulatory matter regarding a financial institution; and
Other matters relating to enforcement proceedings.

    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: July 1, 2010.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2010-16452 Filed 7-1-10; 4:15 pm]
BILLING CODE 8010-01-P


[Federal Register: December 11, 2009 (Volume 74, Number 237)]
[Notices]
[Page 65846-65847]
[DOCID:fr11de09-113]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2000-7363; FMCSA-2001-10578; FMCSA-2003-16241]

Qualification of Drivers; Exemption Applications; Vision

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of renewal of exemptions; request for comments.

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

SUMMARY: FMCSA announces its decision to renew the exemptions from the
vision requirement in the Federal Motor Carrier Safety Regulations for
10 individuals. FMCSA has statutory authority to exempt individuals
from the vision requirement if the exemptions granted will not
compromise safety. The Agency has concluded that granting these
exemption renewals will provide a level of safety that is equivalent
to, or greater than, the level of safety maintained without the
exemptions for these commercial motor vehicle (CMV) drivers.

DATES: This decision is effective December 31, 2009. Comments must be
received on or before January 11, 2010.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket ID FMCSA-2000-7363; FMCSA-2001-10578;
FMCSA-2003-16241, using any of the following methods.
     Federal eRulemaking Portal: Go to http://
www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal Holidays.
     Fax: 1-202-493-2251.
    Each submission must include the Agency name and the docket number
for this Notice. Note that DOT posts all comments received without
change to http://www.regulations.gov, including any personal
information included in a comment. Please see the Privacy Act heading
below.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The FDMS is available 24 hours each day, 365
days each year. If you want acknowledgment that we received your
comments, please include a self-addressed, stamped envelope or postcard
or print the acknowledgment page that appears after submitting comments
on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19476). This information is
also available at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m. Monday through
Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may renew an exemption
from

the vision requirements in 49 CFR 391.41(b)(10), which applies to
drivers of CMVs in interstate commerce, for a two-year period if it
finds ``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level that would be achieved absent
such exemption.'' The procedures for requesting an exemption (including
renewals) are set out in 49 CFR part 381.

Exemption Decision

    This notice addresses 10 individuals who have requested renewal of
their exemptions in accordance with FMCSA procedures. FMCSA has
evaluated these 10 applications for renewal on their merits and decided
to extend each exemption for a renewable two-year period. They are:

Ronald G. Austin
Rickey C. Dalton
Martiniano L. Espinosa
James G. LaBair
Dennis A. Leschke
Lonnie Lomax, Jr.
Eugene C. Murphy
Carl W. Skinner, Jr.
John H. Voigts
Daniel G. Wilson

    These exemptions are extended subject to the following conditions:
(1) That each individual has a physical examination every year (a) by
an ophthalmologist or optometrist who attests that the vision in the
better eye continues to meet the standard in 49 CFR 391.41(b)(10), and
(b) by a medical examiner who attests that the individual is otherwise
physically qualified under 49 CFR 391.41; (2) that each individual
provides a copy of the ophthalmologist's or optometrist's report to the
medical examiner at the time of the annual medical examination; and (3)
that each individual provides a copy of the annual medical
certification to the employer for retention in the driver's
qualification file and retain a copy of the certification on his/her
person while driving for presentation to a duly authorized Federal,
State, or local enforcement official. Each exemption will be valid for
two years unless rescinded earlier by FMCSA. The exemption will be
rescinded if: (1) The person fails to comply with the terms and
conditions of the exemption; (2) the exemption has resulted in a lower
level of safety than was maintained before it was granted; or (3)
continuation of the exemption would not be consistent with the goals
and objectives of 49 U.S.C. 31136(e) and 31315.

Basis for Renewing Exemptions

    Under 49 U.S.C. 31315(b)(1), an exemption may be granted for no
longer than two years from its approval date and may be renewed upon
application for additional two year periods. In accordance with 49
U.S.C. 31136(e) and 31315, each of the 10 applicants has satisfied the
entry conditions for obtaining an exemption from the vision
requirements (65 FR 45817; 65 FR 77066; 67 FR 71610; 70 FR 25878; 72 FR
71993; 66 FR 53826; 66 FR 66966; 68 FR 69434; 70 FR 74102; 71 FR 646;
72 FR 71998; 68 FR 61857; 68 FR 75715) Each of these 10 applicants has
requested renewal of the exemption and has submitted evidence showing
that the vision in the better eye continues to meet the standard
specified at 49 CFR 391.41(b)(10) and that the vision impairment is
stable. In addition, a review of each record of safety while driving
with the respective vision deficiencies over the past two years
indicates each applicant continues to meet the vision exemption
standards. These factors provide an adequate basis for predicting each
driver's ability to continue to drive safely in interstate commerce.
Therefore, FMCSA concludes that extending the exemption for each
renewal applicant for a period of two years is likely to achieve a
level of safety equal to that existing without the exemption.

Request for Comments

    FMCSA will review comments received at any time concerning a
particular driver's safety record and determine if the continuation of
the exemption is consistent with the requirements at 49 U.S.C. 31136(e)
and 31315. However, FMCSA requests that interested parties with
specific data concerning the safety records of these drivers submit
comments by January 11, 2010.
    FMCSA believes that the requirements for a renewal of an exemption
under 49 U.S.C. 31136(e) and 31315 can be satisfied by initially
granting the renewal and then requesting and evaluating, if needed,
subsequent comments submitted by interested parties. As indicated
above, the Agency previously published notices of final disposition
announcing its decision to exempt these 10 individuals from the vision
requirement in 49 CFR 391.41(b)(10). The final decision to grant an
exemption to each of these individuals was based on the merits of each
case and only after careful consideration of the comments received to
its notices of applications. The notices of applications stated in
detail the qualifications, experience, and medical condition of each
applicant for an exemption from the vision requirements. That
information is available by consulting the above cited Federal Register
publications.
    Interested parties or organizations possessing information that
would otherwise show that any, or all of these drivers, are not
currently achieving the statutory level of safety should immediately
notify FMCSA. The Agency will evaluate any adverse evidence submitted
and, if safety is being compromised or if continuation of the exemption
would not be consistent with the goals and objectives of 49 U.S.C.
31136(e) and 31315, FMCSA will take immediate steps to revoke the
exemption of a driver.

    Issued on: December 4, 2009.
Larry W. Minor,
Associate Administrator for Policy and Program Development.
[FR Doc. E9-29535 Filed 12-10-09; 8:45 am]

BILLING CODE 4910-EX-P


[Federal Register Volume 86, Number 50 (Wednesday, March 17, 2021)]
[Notices]
[Pages 14622-14623]
[FR Doc No: 2021-05495]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. AD20-18-000]

Offshore Wind Integration in RTOs/ISOs; Notice Inviting Post-
Technical Conference Comments

    On October 27, 2020, Federal Energy Regulatory Commission
(Commission) staff convened a technical conference to discuss whether
and how existing transmission planning, interconnection, and merchant
transmission facility frameworks in Regional Transmission
Organizations/Independent System Operators (RTOs/ISOs) can accommodate
anticipated growth in offshore wind generation in an efficient and
cost-effective manner that safeguards open access transmission
principles, and to consider possible changes or improvements to the
current frameworks should they be needed to accommodate such growth.
    All interested persons are invited to file post-technical
conference comments on the questions listed in the attachment to this
Notice. Commenters need not answer all of the questions but are
encouraged to organize responses using the numbering and sequencing in
the attached questions. Commenters may also respond to the questions
outlined in the October 22, 2020 supplemental notice of technical
conference.\1\ Commenters need not answer all of the questions included
in the October 22, 2020 notice, but, to the extent that commenters
respond to any of those questions, please utilize the question
numbering included in that notice. In addition, commenters are invited
to reference material previously filed in this docket, including the
technical conference transcript and submitted opening remarks, but are
encouraged to avoid repetition or replication of previous material.
Comments must be submitted on or

before 60 days from the date of this Notice.
---------------------------------------------------------------------------

    \1\ Supplemental Notice of Technical Conference, Docket No.
AD20-18-000 (October 22, 2020), https://www.ferc.gov/sites/default/files/2020-10/AD20-18-000-Tech-Conf-Errata.pdf.
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    Comments may be filed electronically via the internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's website
http://www.ferc.gov/docs-filing/efiling.asp. For assistance, please
contact FERC Online Support at<EMAIL_ADDRESS>or toll free
at 1-866-208-3676, or for TTY,<PHONE_NUMBER>. Although the Commission
strongly encourages electronic filing, documents may also be paper-
filed. To paper-file, mail an original and five copies to: Kimberly D.
Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street
NE, Washington, DC 20426.
    For more information about this Notice, please contact:
    David Rosner (Technical Information), Office of Energy Policy and
Innovation,<PHONE_NUMBER><EMAIL_ADDRESS>    Rishi Garg (Legal Information), Office of the General Counsel,
(202) 502-8667<EMAIL_ADDRESS>
    Dated: March 11, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2021-05495 Filed 3-16-21; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 203 (Wednesday, October 21, 2015)]
[Notices]
[Pages 63852-63855]
[FR Doc No: 2015-26676]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76161; File No. SR-NYSEArca-2015-88]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending
Representations Regarding the Names and Principal Investments of
Certain WBI SMID Funds Currently Listed and Traded on the Exchange
Under NYSE Arca Equities Rule 8.600

October 15, 2015.
    Pursuant to section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on September 30, 2015, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to change representations regarding the names
and principal investments of each of the following: WBI SMID Tactical
Growth Shares; WBI SMID Tactical Value Shares; WBI SMID Tactical Yield
Shares; WBI SMID Tactical Select Shares; WBI Large Cap Tactical Growth
Shares; WBI Large Cap Tactical Value Shares; WBI Large Cap Tactical
Yield Shares; and WBI Large Cap Tactical Select Share (each a ``Fund''
and, collectively, the ``Funds''). Shares of the Funds have been
approved for listing and trading on the Exchange under NYSE Arca
Equities Rule 8.600. The text of the proposed rule change is available
on the Exchange's Web site at www.nyse.com, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Commission has approved a proposed rule change relating to
listing and trading on the Exchange of shares (``Shares'') of the Funds
under NYSE Arca Equities Rule 8.600,\4\ which governs the listing and
trading of Managed Fund Shares.\5\ The Funds' Shares are currently
listed and traded on the Exchange under NYSE Arca Equities Rule 8.600.
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 72895 (August 21,
2014), 79 FR 51210 (August 27, 2014) (SR-NYSEArca-2014-67) (the
``Prior Order''). The notice with respect to the Prior Order was
published in Securities Exchange Act Release No. 72526 (July 2,
2014), 79 FR 39035 (July 9, 2014) (``Prior Notice'' and, together
with the Prior Order, the ``Prior Release'').
    \5\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Equities Rule
5.2(j)(3), seeks to provide investment results that correspond
generally to the price and yield performance of a specific foreign
or domestic stock index, fixed income securities index or
combination thereof.
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    The Shares are offered by Absolute Shares Trust (the ``Trust''), a
statutory trust organized under the laws of the State of Delaware and
registered with the Commission as an open-end management investment
company.\6\ The investment adviser to the Fund is Millington
Securities, Inc. (the ``Adviser'') and WBI Investments, Inc. is each
Fund's sub-adviser (``Sub-Adviser'').
---------------------------------------------------------------------------

    \6\ The Trust is registered under the 1940 Act. On December 9,
2013, the Trust filed with the Commission its registration statement
on Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a)
(``Securities Act''), and under the 1940 Act relating to the Funds
(File Nos. 333-192733 and 811-22917) (as amended, the ``Registration
Statement''). The Trust filed supplements to amend the prospectus
contained in the Registration Statement on July 17, 2015 and filed
post-effective amendments to the Registration Statement on August
21, 2015, which amendment will become effective as of October 31,
2015, reflecting the changes to the Funds described herein. For the
avoidance of doubt, the names and principal investment strategies of
the WBI Tactical Income Shares and the WBI Tactical High Income
Shares, which also are series in the Trust approved in the Prior
Release, are not being changed. The description of the operation of
the Trust and the Funds herein is based, in part, on the
Registration Statement. In addition, the Commission has issued an
order granting certain exemptive relief to the Trust under the 1940
Act. See Investment Company Act Release No. 30543 (May 29, 2013)
(File No. 812-13886) (``Exemptive Order'').
---------------------------------------------------------------------------

Common Fund Strategy and Characteristics
    The principal investment objective of each Fund is to seek long-
term capital appreciation and the potential for current income, while
also seeking to protect principal during unfavorable market conditions.
As described in the Prior Release, the Sub-Adviser manages each Fund's
portfolio based on a proprietary selection process as described in the
Prior Release (the ``Selection Process''). The Selection Process
attempts to provide consistent, attractive returns net of expenses with
potentially less volatility and risk to capital than traditional
approaches,

whatever market conditions may be. Each Fund defines an absolute return
approach to investment management in this way. The Selection Process
includes a buy discipline and a sell discipline as described in the
Prior Release. In this proposed rule change, the Exchange proposes (1)
to reflect changes to the names of Funds from the names included in the
Prior Release; and (2) to change representations relating to
``Principal Investments'' of each Fund in the Prior Release that each
Fund will invest at least 80% of net assets in specified equity
securities to representations that each Fund will seek to invest
principally in such specified equity securities, cash and ``Cash
Equivalents'' (as described below) when it believes this is consistent
with each Fund's investment objective of protecting principal.\7\ For
clarity, each Fund will invest at least 80% of its net assets in its
principal investment strategy.
---------------------------------------------------------------------------

    \7\ Under the Prior Release, the Funds could temporarily depart
from their respective 80% principal investment strategies and make
``short term investments in cash, cash equivalents, high-quality
short-term debt securities and money market instruments for
temporary defensive purposes in response to adverse market, economic
or political conditions. . . . [E]ach Fund could acquire the
following short-term investments: (1) Certificates of deposit issued
by commercial banks as well as savings banks or savings and loan
associations; (2) bankers' acceptances; (3) time deposits; and (4)
commercial paper and short-term notes rated at the time of purchase
``A-2'' or higher by Standard & Poor's[supreg], ``Prime-1'' by
Moody's[supreg] Investors Services Inc., or similarly rated by
another nationally recognized statistical rating organization, or,
if unrated, will be determined by the Sub-Adviser to be of
comparable quality, as well as U.S. Government obligations.'' Such
high-quality short-term debt securities, money market instruments
and the investments enumerated above are hereinafter collectively
referred to as ``Cash Equivalents''. In this proposed rule change,
Cash Equivalents will be included in each Fund's principal
investment strategy and no longer only for temporary defensive
purposes. Intra-day price information for Cash Equivalents will be
available from major market data vendors.
---------------------------------------------------------------------------

WBI SMID Tactical Growth Shares
    As described in the Prior Release, under normal market conditions,
the Fund invests at least 80% of its net assets in the exchange-listed
equity securities of small-capitalization and mid-capitalization
domestic and foreign companies selected on the basis of the Selection
Process.\8\ Going forward, the Fund will seek to invest principally in
the exchange-listed equity securities of small-capitalization and mid-
capitalization domestic and foreign companies, cash and Cash
Equivalents, selected on the basis of the Selection Process.
---------------------------------------------------------------------------

    \8\ The Adviser represents that the Adviser and the Sub-Adviser
have managed and will continue to manage the Funds in the manner
described in the Prior Release, and will not implement the changes
described herein until the instant proposed rule change is
operative. The change to the name of the Funds and to the Funds'
investments as described herein will be effective upon the filing an
additional amendment to the Registration Statement.
---------------------------------------------------------------------------

    In addition, going forward, the Fund's name will change to WBI
Tactical SMG Shares.
WBI SMID Tactical Value Shares
    As described in the Prior Release, under normal market conditions,
the Fund invests at least 80% of its net assets in the exchange-listed
equity securities of small-capitalization and mid-capitalization
domestic and foreign companies selected by the Sub-Adviser utilizing
the Selection Process. Going forward, the Fund will seek to invest
principally in the exchange-listed equity securities of small-
capitalization and mid-capitalization domestic and foreign companies,
cash and Cash Equivalents, selected by the Sub-Adviser utilizing the
Selection Process.
    In addition, going forward, the Fund's name will change to WBI
Tactical SMV Shares.
WBI SMID Tactical Yield Shares
    As described in the Prior Release, under normal market conditions,
the Fund invests at least 80% of its net assets in the exchange-listed
dividend-paying equity securities of small-capitalization and mid-
capitalization domestic and foreign companies selected by the Sub-
Adviser utilizing the Selection Process. Going forward, the Fund will
seek to invest principally in the exchange-listed dividend-paying
equity securities of small-capitalization and mid-capitalization
domestic and foreign companies, cash and Cash Equivalents, selected by
the Sub-Adviser utilizing the Selection Process.
    In addition, going forward, the Fund's name will change to WBI
Tactical SMY Shares.
WBI SMID Tactical Select Shares
    As described in the Prior Release, under normal market conditions,
the Fund invests at least 80% of its net assets in the exchange-listed
equity securities of small-capitalization and mid-capitalization
domestic and foreign companies selected by the Sub-Adviser utilizing
the Selection Process. Going forward, the Fund will seek to invest
principally in the exchange-listed equity securities of small-
capitalization and mid-capitalization domestic and foreign companies,
cash and Cash Equivalents, selected by the Sub-Adviser utilizing the
Selection Process.
    In addition, going forward, the Fund's name will change to WBI
Tactical SMS Shares.
WBI Large Cap Tactical Growth Shares
    As described in the Prior Release, under normal market conditions,
the Fund invests at least 80% of its net assets in the exchange-listed
equity securities of large capitalization domestic and foreign
companies selected by the Sub-Adviser utilizing the Selection Process.
Going forward, the Fund will seek to invest principally in the
exchange-listed equity securities of large capitalization domestic and
foreign companies, cash and Cash Equivalents, selected by the Sub-
Adviser utilizing the Selection Process.
    In addition, going forward, the Fund's name will change to WBI
Tactical LCG Shares.
WBI Large Cap Tactical Value Shares
    As described in the Prior Release, under normal market conditions,
the Fund invests at least 80% of its net assets in the exchange-listed
equity securities of large capitalization domestic and foreign
companies selected by the Sub-Adviser utilizing the Selection Process.
Going forward, the Fund will seek to invest principally in the
exchange-listed equity securities of large capitalization domestic and
foreign companies, cash and Cash Equivalents, selected by the Sub-
Adviser utilizing the Selection Process.
    In addition, going forward, the Fund's name will change to WBI
Tactical LCV Shares.
WBI Large Cap Tactical Yield Shares
    As described in the Prior Release, under normal market conditions,
the Fund invests at least 80% of its net assets in the exchange-listed
dividend-paying equity securities of large capitalization domestic and
foreign companies selected by the Sub-Adviser utilizing the Selection
Process. Going forward, the Fund will seek to invest principally in the
exchange-listed dividend-paying equity securities of large
capitalization domestic and foreign companies, cash and Cash
Equivalents, selected by the Sub-Adviser utilizing the Selection
Process.
    In addition, going forward, the Fund's name will change to WBI
Tactical LCY Shares.
WBI Large Cap Tactical Select Shares
    As described in the Prior Release, under normal market conditions,
the Fund invests at least 80% of its net assets in the exchange-listed
equity securities of large capitalization domestic and foreign
companies

selected by the Sub-Adviser utilizing the Selection Process. Going
forward, the Fund will seek to invest principally in the exchange-
listed equity securities of large capitalization domestic and foreign
companies, cash and Cash Equivalents, selected by the Sub-Adviser
utilizing the Selection Process.
    In addition, going forward, the Fund's name will change to WBI
Tactical LCS Shares.
    Except for the changes described above, all other representations
made in the Prior Release remain unchanged.\9\ The Funds will comply
with all initial and continued listing requirements under NYSE Arca
Equities Rule 8.600.
---------------------------------------------------------------------------

    \9\ See note 4, supra. All terms referenced but not defined
herein are defined in the Prior Release.
---------------------------------------------------------------------------

2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under section 6(b)(5) \10\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    As noted above, the Selection Process attempts to provide
consistent, attractive returns net of expenses with potentially less
volatility and risk to capital than traditional approaches, whatever
market conditions may be. While the Funds would continue to invest in
the types of securities described in the Prior Release, the proposed
change to represent that each Fund will seek to invest principally in
specified exchange-listed equity securities, cash and Cash Equivalents,
rather than at least 80% of its net assets in specified exchange-listed
equity securities, would provide additional flexibility to seek each
Funds' investment objective of protecting principal. The inclusion of
cash and Cash Equivalents in each Fund's principal investments, rather
than the use of such instruments solely for temporary defensive
purposes, would facilitate each Fund's ability to protect principal,
which could serve as a significant benefit for investors.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the Shares are listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Equities Rule
8.600. Except for the changes described above, all other
representations made in the Prior Release remain unchanged.\11\
---------------------------------------------------------------------------

    \11\ See note 4, supra. All terms referenced but not defined
herein are defined in the Prior Release.
---------------------------------------------------------------------------

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange believes the
proposed rule change is designed to allow the Fund to invest in
securities that would permit a Fund to better implement the Selection
Process as described in the Prior Release, and will enhance competition
among issues of Managed Fund Shares that invest in equity securities.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
    The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiver of the 30-day operative
delay period is consistent with the protection of investors and the
public interest. The Commission notes that the proposal would allow the
Funds greater flexibility in seeking their investment objective of
protecting principal during unfavorable market conditions, which could
benefit investors and the public interest. Therefore, the Commission
designates the proposed rule change to be operative upon filing.\12\
---------------------------------------------------------------------------

    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2015-88 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2015-88. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2015-88 and should
be

submitted on or before November 12, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
---------------------------------------------------------------------------

    \13\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26676 Filed 10-20-15; 8:45 am]
BILLING CODE 8011-01-P