[Federal Register Volume 80, Number 59 (Friday, March 27, 2015)]
[Notices]
[Page 16384]
[FR Doc No: 2015-07137]

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

ENVIRONMENTAL PROTECTION AGENCY

[ER-FRL-9020-2]

Environmental Impact Statements; Notice of Availability

AGENCY: Office of Federal Activities, General Information (202) 564-
7146 or http://www.epa.gov/compliance/nepa/.
    Weekly receipt of Environmental Impact Statements.
    Filed 03/16/2015 Through 03/20/2015.
    Pursuant to 40 CFR 1506.9.

Notice

    Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EISs are available at: http://www.epa.gov/compliance/nepa/eisdata.html.

EIS No. 20150075, Draft Supplement, FHWA, AK, Sterling Highway MP 45--
60 Project, Comment Period Ends: 05/26/2015, Contact: John Lohrey 907-
586-7418
EIS No. 20150076, Final EIS, BLM, ID, Thompson Creek Mine Expansion and
Public Land Disposal Proposed Resource Management Plan Amendment,
Review Period Ends: 04/27/2015, Contact: Ken Gardner<PHONE_NUMBER>
EIS No. 20150077, Final EIS, USFS, CO, Eldora Mountain Resort Ski Area
Projects, Review Period Ends: 05/04/2015, Contact: K. Reid Armstrong
303-541-2532
EIS No. 20150078, Draft EIS, NRC, IL, Generic--License Renewal of
Nuclear Plants, Supplement 55 Regarding Braidwood Station Units 1 and
2, Comment Period Ends: 05/12/2015, Contact: Tam Tran<PHONE_NUMBER>
EIS No. 20150079, Final EIS, NRC, TN, Generic- License Renewal of
Nuclear Plants, Supplement 53 Regarding Sequoyah Nuclear Station Units
1 and 2, Review Period Ends: 04/27/2015, Contact: David Drucker 301-
415-6223
EIS No. 20150080, Final EIS, BLM, CO, Proposed Resource Management Plan
Amendment for Oil and Gas Development in the White River Field Office,
Review Period Ends: 04/27/2015, Contact: Heather Sauls<PHONE_NUMBER>
EIS No. 20150081, Second Final EIS, BLM, USFS, ID, Smoky Canyon Mine
Panels F and G Lease and Mine Plan Modification Project, Review Period
Ends: 04/27/2015, Contact: Diane Wheeler<PHONE_NUMBER>

    The U.S. Department of the Interior's Bureau of Land Management and
The U.S. Department of Agriculture's Forest Service are joint lead
agencies for the above project.

EIS No. 20150082, Final EIS, BR, CA, Long-term Water Transfers, Review
Period Ends: 04/27/2015, Contact: Brad Hubbard<PHONE_NUMBER>

    Dated: March 25, 2015.
Cliff Rader,
Director, NEPA Compliance Division, Office of Federal Activities.
[FR Doc. 2015-07137 Filed 3-26-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 80, Number 50 (Monday, March 16, 2015)]
[Notices]
[Pages 13539-13540]
[FR Doc No: 2015-05925]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OW-2015-0056; FRL-9923-96-OW]

National Advisory Council for Environmental Policy and
Technology; Request for Nominations to NACEPT Subcommittee

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) invites
nominations from a diverse range of qualified candidates for serving on
a new subcommittee under the National Advisory Council for
Environmental Policy and Technology (NACEPT) to provide advice and
recommendations on how the EPA can best clarify assumable waters for
dredge and fill permit programs pursuant to the Clean Water Act section
404(g)(1). The EPA is undertaking this effort to support states and
tribes that wish to assume the program. Members are anticipated to be
selected by June 15, 2015. Sources in addition to this Federal Register
document may be utilized in the solicitation of nominees.

DATES: Nominations must be emailed or postmarked no later than May 15,
2015.

ADDRESSES: Nominations should be emailed or submitted in writing to
Laura Bachle at the address listed under FOR FURTHER INFORMATION
CONTACT.

FOR FURTHER INFORMATION CONTACT: Mail: Laura Bachle, Designated Federal
Officer, U.S. Environmental Protection Agency, Office of Wetlands,
Oceans and Watersheds (MC 4502T), 1200 Pennsylvania Ave. NW.,
Washington, DC 20460; telephone:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action apply to me?

    This action is directed to the public in general, and may be of
particular interest to persons who work in Clean Water Act and wetland
programs. Potentially affected entities may include, but are not
limited to: Environmental groups; state, local, and tribal governments;
private sector entities who frequently seek Clean Water Act section 404
permits; academia; and the public. If you have questions regarding the
applicability of this action to a particular entity, consult the person
listed under FOR FURTHER INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OW-2015-0056, is available at http://www.regulations.gov or at the Office of Water Regulatory Public Docket
in the Environmental Protection Agency Docket Center (EPA/DC), WJC West
Building, Rm. 3334, 1301 Constitution Ave. NW., Washington, DC 20004.
The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is<PHONE_NUMBER>. Please review the visitor
instructions and additional information about the docket available at
http://www.epa.gov/dockets/.

II. Background

    The NACEPT is a federal advisory committee chartered under the
Federal Advisory Committee Act (FACA), Public Law 92-463. The EPA
established the NACEPT in 1988 to provide advice to the EPA
Administrator on a broad range of environmental policy, management and
technology issues. The EPA is now seeking to form a subcommittee under
the NACEPT, to be known as the ``Assumable Waters Subcommittee'' to
provide advice on how the EPA can best clarify the waters that a state
or tribe may assume permitting responsibility for under an approved
Clean Water Act dredge and fill permit program. Subcommittee members,
like the parent NACEPT committee, serve as representatives from
academia, industry, non-governmental organizations, and state, local,
and tribal governments. It is important to note that other federal
agencies have specific interest in this matter and thus will also be
solicited for their participation on this subcommittee.
    The subcommittee is being formed to provide advice concerning a
focused but critical aspect of implementing the Clean Water Act's
permit program for the discharge of dredge and fill materials. The U.S.
Army Corps of Engineers currently evaluates permit applications for
construction activities in the majority of the nation's waters subject
to the Clean Water Act. Although states and tribes may assume the
dredge and fill permit responsibilities pursuant to section 404(g) of
the Clean Water Act, only two states (Michigan and New Jersey) and no
tribes have assumed the program to date. If a state or tribe is
considering assuming such responsibilities, among the first questions
that need to be answered is for which waters will the state or tribe
assume permitting responsibility and for which waters the U.S. Army
Corps of Engineers will retain permitting authority. States have raised
concerns to the EPA that section 404 of the Clean Water Act and its
implementing regulations lack sufficient clarity to enable states and
tribes to estimate the extent of permit program responsibilities they
would assume and associated program implementation costs (Stoner letter
from the Environmental Council of States, the Association of Clean
Water Administrators, and the Association of State Wetland Managers
April 30, 2014. Letter in the docket.). The lack of clarity on these
questions could discourage states and tribes from pursuing assumption
as envisioned under the Clean Water Act.
    The Assumable Waters Subcommittee will have a limited duration and
narrow focus. Other aspects of state or tribal assumption will not be
in scope for the deliberations of this advisory committee. For example,
the subcommittee will not be deliberating on the merits of assumption.
It will focus on how the EPA can clarify the waters for which a state
or tribe may assume Clean Water Act section 404

permitting responsibility and the waters for which the U.S. Corps of
Engineers retains this authority.
    The subcommittee would meet approximately four to six times
following initiation of the group for twelve months to sixteen months
face-to-face or via video/teleconference. Additionally, members may be
asked to participate in ad hoc workgroups to develop potential policy
recommendations and reports to address specific issues. Members would
serve on the subcommittee in a voluntary capacity. The workload for the
members would average approximately ten to twenty hours per month. The
EPA may provide reimbursement for travel and incidental expenses
associated with such official government business on an as-needed
basis.
    The EPA is seeking nominations from candidates representing state,
tribal, and local governments/communities, as well as other
stakeholders who are familiar with federalism, intergovernmental
operations and the state, tribal and federal dredge and fill permit
provisions of the Clean Water Act.
    Member nominations: Any interested person and/or organization may
nominate qualified individuals for membership. The EPA values and
welcomes diversity. In an effort to obtain nominations of diverse
candidates, the Agency encourages nominations of women and men of all
racial and ethnic groups. All nominations will be fully considered, but
applicants need to be aware of the balance in representation needed to
consider the issue at hand: state and tribal governments who have or
are interested in assuming the Clean Water Act section 404 program;
national associations who represent state and tribal interests in
wetlands and/or water quality; local governments; environmental
organizations; or industry sectors that require Clean water Act section
404 permits. Unless otherwise prescribed by statute, members generally
are appointed to two-year terms or until the charge is addressed,
whichever is first. Nominees will be considered according to the
mandates of FACA, which requires committees to maintain diversity
across a broad range of constituencies, sectors, and groups.
    Other criteria used to evaluate nominees will include:
     Professional knowledge of environmental policy,
management, and organizational development, particularly in the area of
co-regulation by states and tribes under federalism;
     Demonstrated experience with Clean Water Act section 404;
Clean Water Act section 404(g); or state or tribal wetland programs at
the state or local level;
     Ability to assess and analyze environmental and
institutional challenges with objectivity and integrity;
     Excellent interpersonal, oral and written communication,
and consensus-building skills;
     Willingness to commit time to the Committee and
demonstrated ability to work constructively on committees including
participation on video/teleconference meetings and preparation of text
for subcommittee reports and advice letters;
     Absence of personal financial conflicts of interest;
     Background and experiences that would help members
contribute to the diversity of perspectives on the Council, e.g.,
geographic, economic, social, cultural, educational backgrounds,
professional affiliations; and background and experiences that would
help members contribute to the diversity in perspective critical to
this issue.
    If you know a qualified person who might be, or if you yourself are
interested in serving on the subcommittee, follow the instructions
under How to Submit Nominations. Nomination (application) packages
should be submitted before the deadline of May 15, 2015.

III. How To Submit Nominations

    Any interested person and/or organization may nominate qualified
individuals to be considered for appointment to this advisory
subcommittee. Individuals may self-nominate.
    Nominations may be submitted in electronic format (preferred) or
mailed to Laura Bachle at the address listed under FOR FURTHER
INFORMATION CONTACT, using the subject line ``NACEPT Subcommittee
Membership Recruitment 2014'' to<EMAIL_ADDRESS>The
Designated Federal Official will acknowledge receipt of nominations.
    To be considered, all nominations should include:
     Current contact information for the nominee, including the
nominee's name, organization (and position within that organization),
current business address, email address, and daytime telephone number.
     Brief statement describing the nominee's interest in
serving on the NACEPT subcommittee. In preparing the statement of
interest, please describe how the nominee's background, knowledge, and
experience will bring value to the work of the subcommittee, and how
these qualifications would contribute to the overall diversity of the
subcommittee. Also, be sure to describe any previous involvement of the
nominee with the Agency through employment, grant funding and/or
contracting sources.
     R[eacute]sum[eacute] and a short biography (no more than
two paragraphs) describing the professional and educational
qualifications of the nominee, including a list of relevant activities,
and any current or previous service on advisory committees.
     A letter authorizing the nominee to represent the point(s)
of view of a specific entity or group (such as an industry association,
state or local government, environmental group, etc.) that has an
interest in the subject matter under the subcommittee's charge.
     A recommendation letter from a third party or individual
supporting the nominee--this letter is separate and in addition to the
authorization letter. This letter should describe how the nominee's
background and skills would support the subcommittee's task.
    Other sources, in addition to this Federal Register document, may
also be utilized in the solicitation of nominees. To help the Agency in
evaluating the effectiveness of its outreach efforts, please tell us
how you learned of this opportunity.

    Dated: March 10, 2015.
Benita Best-Wong,
Director, Office of Wetlands, Oceans, and Watersheds.
[FR Doc. 2015-05925 Filed 3-13-15; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 78, Number 208 (Monday, October 28, 2013)]
[Notices]
[Pages 64264-64265]
[FR Doc No: 2013-25400]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Receipt of Noise Compatibility Program and Request for Review;
Southwest Florida International Airport, Ft. Myers, Florida

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice.

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

SUMMARY: The Federal Aviation Administration (FAA) announces that it is
reviewing a proposed Noise Compatibility Program that was submitted for
Southwest Florida International Airport under the provisions of 49
U.S.C. 47504 et seq (the Aviation Safety and Noise Abatement Act
hereinafter referred to as ``the Act'') and 14 CFR part 150 by the Lee
County Port Authority. This program was submitted subsequent to a
determination by FAA that the associated Noise Exposure Maps submitted
under 14 CFR part 150 for the Southwest Florida International Airport
were in compliance with applicable requirements effective February 8,
2013, and was published in the Federal Register on February 8, 2013.
The proposed Noise Compatibility Program will be approved or
disapproved on or before April 19, 2014.

DATES: Effective Date: The effective date of the start of FAA's review
of the associated noise compatibility program is October 21, 2013. The
public comment period ends December 20, 2013.

FOR FURTHER INFORMATION CONTACT: Allan Nagy, Federal Aviation
Administration, Orlando Airports District Office, 5950 Hazeltine
National Drive, Orlando, FL 32822,<PHONE_NUMBER>. Comments on the
proposed noise compatibility program should also be submitted to the
above office.

SUPPLEMENTARY INFORMATION: This notice announces that the FAA is
reviewing a proposed Noise Compatibility Program for Southwest Florida
International Airport which will be approved or disapproved on or
before April 19, 2014. This notice also announces the availability of
this program for public review and comment.
    An airport operator who has submitted Noise Exposure Maps that are
found by FAA to be in compliance with the requirements of Title 14 Code
of Federal Regulations (CFR) Part 150, may submit a Noise Compatibility
Program for FAA approval which sets forth the measures the operator has
taken or proposes to reduce existing non-compatible uses and prevent
the introduction of additional non-compatible uses.
    The FAA has formally received the Noise Compatibility Program for
Southwest Florida International Airport, effective on October 21, 2013.
The airport operator has requested that the FAA review this material
and that the noise mitigation measures, to be implemented jointly by
the airport and surrounding communities, be approved as a Noise
Compatibility Program under Section 47504 of the Act. Preliminary
review of the submitted material indicates that it conforms to the

requirements for the submittal of Noise Compatibility Programs, but
that further review will be necessary prior to approval or disapproval
of the program. The formal review period, limited by law to a maximum
of 180 days, will be completed on or before April 19, 2014.
    The FAA's detailed evaluation will be conducted under the
provisions of 14 CFR Part 150, Section 150.33. The primary
considerations in the evaluation process are whether the proposed
measures may reduce the level of aviation safety or create an undue
burden on interstate or foreign commerce, and whether they are
reasonably consistent with obtaining the goal of reducing existing non-
compatible land uses and preventing the introduction of additional non-
compatible land uses.
    Interested persons are invited to comment on the proposed program
with specific reference to these factors. All comments relating to
these factors, other than those properly addressed to local land use
authorities, will be considered by the FAA to the extent practicable.
Copies of the Noise Exposure Maps, the FAA's evaluation of the maps,
and the proposed Noise Compatibility Program are available for
examination at the following locations: Federal Aviation
Administration, Orlando Airports District Office, 5950 Hazeltine
National Drive, Orlando, FL 32822.
    Questions may be directed to the individual named above under the
heading, FOR FURTHER INFORMATION CONTACT.

    Issued in Orlando, FL on October 21, 2013.
Bart Vernace,
Manager Orlando Airports District Office.
[FR Doc. 2013-25400 Filed 10-25-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 27, 2010 (Volume 75, Number 186)]
[Notices]
[Page 59260]
[DOCID:fr27se10-90]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER10-2644-000]

Hardwood Energy LLC; Supplemental Notice That Initial Market-
Based Rate Filing Includes Request for Blanket Section 204
Authorization

September 16, 2010.
    This is a supplemental notice in the above-referenced proceeding of
Hardwood Energy LLC's application for market-based rate authority, with
an accompanying rate tariff, noting that such application includes a
request for blanket authorization, under 18 CFR part 34, of future
issuances of securities and assumptions of liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426, in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to intervene or protest must serve a
copy of that document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is October 6, 2010.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed dockets(s). For assistance
with any FERC Online service, please e-mail<EMAIL_ADDRESS>
or call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-24080 Filed 9-24-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 70 (Thursday, April 11, 2013)]
[Notices]
[Pages 21701-21702]
[FR Doc No: 2013-08497]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Summary Notice No. PE-2013-14]

Petition for Exemption; Summary of Petition Received

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of petition for exemption received.

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

SUMMARY: This notice contains a summary of a petition seeking relief
from specified requirements of 14 CFR. The purpose of this notice is to
improve the public's awareness of, and participation in, this aspect of
FAA's regulatory activities. Neither publication of this notice nor the
inclusion or omission of information in the summary is intended to
affect the legal status of the petition or its final disposition.

DATES: Comments on this petition must identify the petition docket
number and must be received on or before May 1, 2013.

ADDRESSES: You may send comments identified by Docket Number FAA-2013-
0278 using any of the following methods:
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your
comments electronically.
     Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue SE., West
Building Ground

Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
    Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. Using the search function of our docket Web site, anyone can
find and read the comments received into any of our dockets, including
the name of the individual sending the comment (or signing the comment
for an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (65 FR 19477-78).
    Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or to the Docket Management
Facility in Room W12-140 of the West Building Ground Floor at 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Keira Jones<PHONE_NUMBER>, or Tyneka
Thomas<PHONE_NUMBER>, Office of Rulemaking, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591.
    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on April 8, 2013.
Brenda D. Courtney,
Acting Director, Office of Rulemaking.

Petition for Exemption

    Docket No.: FAA-2013-0278.
    Petitioner: Avemex, S.A. de C.V.
    Section of 14 CFR Affected: 14 CFR 129.5(b).
    Description of Relief Sought: Avemex seeks relief to operate its
aircraft in the U.S. without a flight data recorder as long as its
aircraft would comply with the flight data recorder requirements of
part 135 or until Annex 6, Section 6.3 requirements are revised.

[FR Doc. 2013-08497 Filed 4-10-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 79, Number 93 (Wednesday, May 14, 2014)]
[Notices]
[Page 27600]
[FR Doc No: 2014-11015]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2467-020]

Pacific Gas and Electric Company; Notice Extending Deadline To
File Study Requests and Comments on Pre-Application Document and
Scoping Document

    On March 24, 2014 the Commission issued a notice of application
accepted for filing, soliciting motions to intervene and protests,
ready for environmental analysis, and soliciting comments,
recommendations, preliminary terms and conditions, and preliminary
fishway prescriptions for the Merced Falls Hydroelectric Project.
    The May 23, 2014 deadline for filing comments, recommendations,
preliminary terms and conditions, and preliminary fishway prescriptions
is extended to July 22, 2014.

    Dated: May 7, 2014.
 Kimberly D. Bose,
 Secretary.
[FR Doc. 2014-11015 Filed 5-13-14; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 80, Number 3 (Tuesday, January 6, 2015)]
[Notices]
[Pages 540-546]
[FR Doc No: 2014-30896]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73960; File No. SR-NASDAQ-2014-127]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change Relating to the Listing and
Trading of the Shares of the Tuttle Tactical Management U.S. Core ETF
of ETFis Series Trust I

December 30, 2014.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 19, 2014, The NASDAQ Stock Market LLC (``Nasdaq'' or the
``Exchange'') 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 Nasdaq. 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\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

    Nasdaq proposes to list and trade the shares of the Tuttle Tactical
Management U.S. Core ETF (the ``Fund''), a series of ETFis Series Trust
I (the ``Trust''), under Nasdaq Rule 5735 (``Managed Fund Shares'').\3\
The shares of the Fund are collectively referred to herein as the
``Shares.''
---------------------------------------------------------------------------

    \3\ The Commission approved Nasdaq Rule 5735 in Securities
Exchange Act Release No. 57962 (June 13, 2008) 73 FR 35175 (June 20,
2008) (SR- NASDAQ-2008-039). There are already multiple actively-
managed funds listed on the Exchange; see e.g., Securities Exchange
Act Release No. 72411 (June 17, 2014), 79 FR 35598 (June 23, 2014)
(SR-NASDAQ-2014-40) (order approving listing and trading of Calamos
Focus Growth ETF). The Exchange believes the proposed rule change
raises no significant issues not previously addressed in those prior
Commission orders.
---------------------------------------------------------------------------

    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at Nasdaq's principal office, 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, Nasdaq included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to list and trade the Shares of the Fund
under Nasdaq Rule 5735, which governs the listing and trading of
Managed Fund Shares \4\ on the Exchange. The Fund will be an actively
managed exchange-traded fund (``ETF''). The Shares will be offered by
the Trust, which was established as a Delaware statutory trust on
September 20, 2012.\5\ The Trust is registered with the Commission as
an investment company and has filed a registration statement on Form N-
1A (``Registration Statement'') with the Commission.\6\ The Fund is a
series of the Trust.
---------------------------------------------------------------------------

    \4\ 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) (the ``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 Index Fund Shares, listed
and traded on the Exchange under Nasdaq Rule 5705, 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.
    \5\ The Commission has issued an order granting certain
exemptive relief to the Trust under the 1940 Act (the ``Exemptive
Order''). See Investment Company Act Release No. 30607 (July 23,
2013). In compliance with Nasdaq Rule 5735(b)(5), which applies to
Managed Fund Shares based on an international or global portfolio,
the Trust's application for exemptive relief under the 1940 Act
states that the Fund will comply with the federal securities laws in
accepting securities for deposits and satisfying redemptions with
redemption securities, including that the securities accepted for
deposits and the securities used to satisfy redemption requests are
sold in transactions that would be exempt from registration under
the Securities Act of 1933 (15 U.S.C. 77a).
    \6\ See Registration Statement on Form N-1A for the Trust filed
on July 24, 2014 (File Nos. 333-187668 and 811-22819). The
descriptions of the Fund and the Shares contained herein are based,
in part, on information in the Registration Statement.
---------------------------------------------------------------------------

    Etfis Capital LLC will be the investment adviser (``Adviser'') to
the Fund. Tuttle Tactical Management, LLC will be the investment sub-
adviser (``Sub-Adviser'') to the Fund. ETF Distributors LLC (the
``Distributor'') will be the principal underwriter and distributor of
the Fund's Shares. The Bank of New York Mellon (``BNY Mellon'') will
act as the administrator, accounting agent, custodian, and transfer
agent to the Fund.
    Paragraph (g) of Rule 5735 provides that if the investment adviser
to the investment company issuing Managed Fund Shares is affiliated
with a broker-dealer, such investment adviser shall erect a ``fire
wall'' between the investment adviser and the broker-dealer with
respect to access to information concerning the composition and/or
changes to such investment company portfolio.\7\ In addition, paragraph
(g) further requires that personnel who make decisions on the open-end
fund's portfolio composition must be subject to procedures designed to
prevent the use and dissemination of material, non-public information
regarding the open-end fund's portfolio. Rule 5735(g) is similar to
Nasdaq Rule 5705(b)(5)(A)(i); however, paragraph (g) in connection with
the establishment of a ``fire wall'' between the investment adviser and
the broker-dealer reflects

the applicable open-end fund's portfolio, not an underlying benchmark
index, as is the case with index-based funds. The Adviser and Sub-
Adviser are not registered as broker-dealers; however the Adviser (but
not the Sub-Adviser) is affiliated with a broker-dealer and has
implemented a fire wall with respect to such broker-dealer regarding
access to information concerning the composition and/or changes to the
portfolio, and will be subject to procedures designed to prevent the
use and dissemination of material non-public information regarding the
portfolio. In the event (a) the Adviser or the Sub-Adviser becomes
newly affiliated with a broker-dealer or registers as a broker-dealer,
or (b) any new adviser or sub-adviser is a registered broker-dealer or
becomes affiliated with a broker-dealer, it will implement a fire wall
with respect to its relevant personnel and/or such broker-dealer
affiliate, if applicable, regarding access to information concerning
the composition and/or changes to the portfolio and will be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding such portfolio.
---------------------------------------------------------------------------

    \7\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, the Adviser, the Sub-Adviser and their related
personnel are subject to the provisions of Rule 204A-1 under the
Advisers Act relating to codes of ethics. This Rule requires
investment advisers to adopt a code of ethics that reflects the
fiduciary nature of the relationship to clients as well as
compliance with other applicable securities laws. Accordingly,
procedures designed to prevent the communication and misuse of non-
public information by an investment adviser must be consistent with
Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under
the Advisers Act makes it unlawful for an investment adviser to
provide investment advice to clients unless such investment adviser
has (i) adopted and implemented written policies and procedures
reasonably designed to prevent violation, by the investment adviser
and its supervised persons, of the Advisers Act and the Commission
rules adopted thereunder; (ii) implemented, at a minimum, an annual
review regarding the adequacy of the policies and procedures
established pursuant to subparagraph (i) above and the effectiveness
of their implementation; and (iii) designated an individual (who is
a supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
---------------------------------------------------------------------------

Tuttle Tactical Management U.S. Core ETF
Principal Investments
    The Fund's investment objective will be to provide long-term
capital appreciation while maintaining a secondary emphasis on capital
preservation, primarily through investments in the U.S. equity market.
The Fund will be an actively managed ETF that seeks to achieve its
investment objective by utilizing a long-only, multi-strategy,
tactically-managed exposure to the U.S. equity market. To obtain such
exposure, the Sub-Adviser will invest, under normal circumstances, not
less than 80% of its assets in exchange-traded funds (``ETFs''),\8\
exchange-traded notes (``ETNs''),\9\ exchange-traded trusts that hold
commodities (``ETTs'') (collectively, ETFs, ETNs and ETTs are referred
to hereinafter as ``exchange-traded products'' or ``ETPs''),
individually selected U.S. exchange-traded common stocks (when the Sub-
Adviser determines that is more efficient or otherwise advantageous to
do so), money market funds, U.S. treasuries or money market
instruments.\10\ To the extent that the Fund invests in ETFs or money
market funds to gain domestic exposure, the Fund is considered, in
part, a ``fund of funds.''
---------------------------------------------------------------------------

    \8\ As described in the Registration Statement, an ETF is an
investment company registered under the 1940 Act that holds a
portfolio of securities. Many ETFs are designed to track the
performance of a securities index, including industry, sector,
country and region indexes. ETFs included in the Fund will be listed
and traded in the U.S. on registered exchanges. The Fund may invest
in the securities of ETFs in excess of the limits imposed under the
1940 Act pursuant to exemptive orders obtained by other ETFs and
their sponsors from the Commission. The ETFs in which the Fund may
invest include Index Fund Shares (as described in Nasdaq Rule 5705),
Portfolio Depositary Receipts (as described in Nasdaq Rule 5705),
and Managed Fund Shares (as described in Nasdaq Rule 5735). While
the Fund may invest in leveraged ETFs (e.g., 2X or 3X), the Fund
will not invest in inverse or inverse leveraged ETFs. The shares of
ETFs in which a Fund may invest will be limited to securities that
trade in markets that are members of the Intermarket Surveillance
Group (``ISG''), which includes all U.S. national securities
exchanges, or are parties to a comprehensive surveillance sharing
agreement with the Exchange.
    \9\ The ETNs are limited to those described in Nasdaq Rule 5710.
    \10\ Such securities will include securities that are issued or
guaranteed by the U.S. Treasury, by various agencies of the U.S.
government, or by various instrumentalities, which have been
established or sponsored by the U.S. government. U.S. Treasury
obligations are backed by the ``full faith and credit'' of the U.S.
government. Securities issued or guaranteed by federal agencies and
U.S. government-sponsored instrumentalities may or may not be backed
by the full faith and credit of the U.S. government.
---------------------------------------------------------------------------

    The Sub-Adviser will employ four tactical models in seeking to
achieve the Fund's investment objective: ``S&P 500 Absolute Momentum,''
``Relative Strength Equity,'' ``Beta Opportunities,'' and ``Short-Term
S&P 500 Counter Trend.'' While the Sub-Adviser will generally seek to
maintain an equal weighting among these four tactical models, market
movements may result in the Fund being overweight or underweight one or
more of the tactical models.
Other Investments
    In order to seek its investment objective, the Fund does not employ
other strategies outside of the above-described ``Principal
Investments.'' However, the Fund may, from time to time, take temporary
defensive positions that are inconsistent with the Fund's principal
investment strategies in an attempt to respond to adverse market,
economic, political, or other conditions. In such circumstances, the
Fund may also hold up to 100% of its portfolio in cash or other short-
term, highly liquid investments, such as money market instruments, U.S.
government obligations, commercial paper, repurchase agreements or
other cash equivalents. When the Fund takes a temporary defensive
position, the Fund may not be able to achieve its investment objective.
Investment Restrictions
    Under normal market conditions, the Fund will invest not less than
80% of its total assets in shares of ETPs, individually selected U.S.
exchange-traded common stocks (when the Sub-Adviser determines that is
more efficient or otherwise advantageous to do so), money market funds,
U.S. treasuries or money market instruments. The Fund will not purchase
securities of open-end or closed-end investment companies except in
compliance with the 1940 Act. The Fund will not use derivative
instruments, including options, swaps, forwards and futures contracts,
both listed and over-the-counter (``OTC''). Under normal circumstances,
the Fund will not invest more than 25% of its total assets in leveraged
ETPs.
    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities and other illiquid assets (calculated at
the time of investment). The Fund will monitor its portfolio liquidity
on an ongoing basis to determine whether, in light of current
circumstances, an adequate level of liquidity is being maintained, and
will consider taking appropriate steps in order to maintain adequate
liquidity if, through a change in values, net assets, or other
circumstances, more than 15% of the Fund's net assets are held in
illiquid securities or other illiquid assets. Illiquid securities and
other illiquid assets include securities subject to contractual or
other restrictions on resale and other instruments that lack readily
available markets as determined in accordance with Commission staff
guidance.\11\
---------------------------------------------------------------------------

    \11\ The Commission has stated that long-standing Commission
guidelines have required open-end funds to hold no more than 15% of
their net assets in illiquid securities and other illiquid assets.
See Investment Company Act Release No. 28193 (March 11, 2008), 73 FR
14618 (March 18, 2008), FN 34. See also Investment Company Act
Release No. 5847 (October 21, 1969), 35 FR 19989 (December 31, 1970)
(Statement Regarding ``Restricted Securities''); Investment Company
Act Release No. 18612 (March 12, 1992), 57 FR 9828 (March 20, 1992)
(Revisions of Guidelines to Form N-1A). A fund's portfolio security
is illiquid if it cannot be disposed of in the ordinary course of
business within seven days at approximately the value ascribed to it
by the fund. See Investment Company Act Release No. 14983 (March 12,
1986), 51 FR 9773 (March 21, 1986) (adopting amendments to Rule 2a-7
under the 1940 Act); Investment Company Act Release No. 17452 (April
23, 1990), 55 FR 17933 (April 30, 1990) (adopting Rule 144A under
the Securities Act of 1933).
---------------------------------------------------------------------------

    The Fund intends to qualify for and to elect to be treated as a
separate regulated investment company under SubChapter M of the
Internal Revenue Code.\12\
---------------------------------------------------------------------------

    \12\ 26 U.S.C. 851.

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

    Under the 1940 Act, the Fund's investment in investment companies
will be limited to, subject to certain exceptions: (i) 3% of the total
outstanding voting stock of any one investment company, (ii) 5% of the
Fund's total assets with respect to any one investment company, and
(iii) 10% of the Fund's total assets with respect to investment
companies in the aggregate.
    The Fund's investments will be consistent with its investment
objective. In pursuing its investment objective, the Fund may utilize
instruments that have a leveraging effect on the Fund. This effective
leverage occurs when the Fund's market exposure exceeds the amounts
actually invested. Any instance of effective leverage will be covered
in accordance with guidance promulgated by the Commission and its
staff. \13\ The Fund does not presently intend to engage in any form of
borrowing for investment purposes, and will not be operated as a
``leveraged ETF'', i.e., it will not be operated in a manner designed
to seek a multiple of the performance of an underlying reference index.
---------------------------------------------------------------------------

    \13\ In re Securities Trading Practices of Investment Companies,
SEC Rel. No. IC-10666 (April 27, 1979).
---------------------------------------------------------------------------

Net Asset Value
    The Fund's net asset value (``NAV'') will be determined as of the
close of trading (normally 4:00 p.m., Eastern time (``E.T.'')) on each
day the New York Stock Exchange (``NYSE'') is open for business. NAV
will be calculated for the Fund by taking the market price of the
Fund's total assets, including interest or dividends accrued but not
yet collected, less all liabilities, and dividing such amount by the
total number of Shares outstanding. The result, rounded to the nearest
cent, will be the NAV per Share. All valuations will be subject to
review by the Board or its delegate.
    The Fund's investments will be valued at market value (i.e., the
price at which a security is trading and could presumably be purchased
or sold) or, in the absence of market value with respect to any
investment, at fair value in accordance with valuation procedures
adopted by the Board and in accordance with the 1940 Act. Common stocks
and equity securities (including shares of ETPs) will be valued at the
last sales price on that exchange. Portfolio securities traded on more
than one securities exchange will be valued at the last sale price or,
if so disseminated by an exchange, the official closing price, as
applicable, at the close of the exchange representing the principal
exchange or market for such securities on the business day as of which
such value is being determined. U.S. Treasuries are valued using quoted
market prices, and money market funds are valued at the net asset value
reported by the funds. For all security types in which the Fund may
invest, the Fund's primary pricing source is IDC; its secondary source
is Reuters; and its tertiary source is Bloomberg.
    Certain securities may not be able to be priced by pre-established
pricing methods. Such securities may be valued by the Board or its
delegate at fair value. The use of fair value pricing by the Fund will
be governed by valuation procedures adopted by the Board and in
accordance with the provisions of the 1940 Act. These securities
generally include, but are not limited to, restricted securities
(securities which may not be publicly sold without registration under
the Securities Act of 1933) for which a pricing service is unable to
provide a market price; securities whose trading has been formally
suspended; a security whose market price is not available from a pre-
established pricing source; a security with respect to which an event
has occurred that is likely to materially affect the value of the
security after the market has closed but before the calculation of the
Fund's net asset value or make it difficult or impossible to obtain a
reliable market quotation; and a security whose price, as provided by
the pricing service, does not reflect the security's ``fair value.'' As
a general principle, the current ``fair value'' of a security would
appear to be the amount which the owner might reasonably expect to
receive for the security upon its current sale. The use of fair value
prices by the Fund generally results in the prices used by the Fund
that may differ from current market quotations or official closing
prices on the applicable exchange. A variety of factors may be
considered in determining the fair value of such securities.
Creation and Redemption of Shares
    The Trust will issue and sell Shares of the Fund only in Creation
Unit aggregations, and only in aggregations of 50,000 Shares, on a
continuous basis through the Distributor, without a sales load, at the
NAV next determined after receipt, on any business day, of an order in
proper form.
    The consideration for purchase of Creation Unit aggregations of the
Fund will consist of (i) a designated portfolio of securities
determined by the Adviser that generally will conform to the holdings
of the Fund consistent with its investment objective (the ``Deposit
Securities'') per each Creation Unit aggregation and generally an
amount of cash (the ``Cash Component'') computed as described below, or
(ii) cash in lieu of all or a portion of the Deposit Securities, as
defined below. Together, the Deposit Securities and the Cash Component
(including the cash in lieu amount) will constitute the ``Fund
Deposit,'' which will represent the minimum initial and subsequent
investment amount for a Creation Unit aggregation of the Fund.
    The consideration for redemption of Creation Unit aggregations of
the Fund will consist of (i) a designated portfolio of securities
determined by the Adviser that generally will conform to the holdings
of the Fund consistent with its investment objective per each Creation
Unit aggregation (``Fund Securities'') and generally a Cash Component,
as described below, or (ii) cash in lieu of all or a portion of the
Fund Securities as defined below.
    The Cash Component is sometimes also referred to as the Balancing
Amount. The Cash Component will serve the function of compensating for
any differences between the NAV per Creation Unit aggregation and the
Deposit Amount (as defined below). For example, for a creation the Cash
Component will be an amount equal to the difference between the NAV of
Fund Shares (per Creation Unit aggregation) and the ``Deposit
Amount''--an amount equal to the market value of the Deposit Securities
and/or cash in lieu of all or a portion of the Deposit Securities. If
the Cash Component is a positive number (i.e., the NAV per Creation
Unit aggregation exceeds the Deposit Amount), the Authorized
Participant (defined below) will deliver the Cash Component. If the
Cash Component is a negative number (i.e., the NAV per Creation Unit
aggregation is less than the Deposit Amount), the Authorized
Participant will receive the Cash Component.
    BNY Mellon, through the National Securities Clearing Corporation
(``NSCC''), will make available on each business day, prior to the
opening of business of the Exchange (currently 9:30 a.m., E.T.), the
list of the names and the quantity of each Deposit Security to be
included in the current Fund Deposit (based on information at the end
of the previous business day). Such Fund Deposit will be applicable,
subject to any adjustments as described below, in order to effect
creations of Creation Unit aggregations of the Fund until such time as
the next-announced composition of the Deposit Securities is made
available. BNY Mellon, through the NSCC, will also make available on
each business day, prior to the opening of business of the Exchange
(currently 9:30 a.m., E.T.), the list of the names and the quantity of

each security to be included (based on information at the end of the
previous business day), subject to any adjustments as described below,
in order to affect redemptions of Creation Unit aggregations of the
Fund until such time as the next-announced composition of the Fund
Securities is made available.
    The Trust will reserve the right to permit or require the
substitution of an amount of cash, i.e., a ``cash in lieu'' amount, to
be added to the Cash Component to replace any Deposit Security that may
not be available in sufficient quantity for delivery or which might not
be eligible for trading by an Authorized Participant or the investor
for which it is acting or other relevant reason. To the extent the
Trust effects the redemption of Shares in cash, such transactions will
be effected in the same manner for all Authorized Participants.
    In addition to the list of names and numbers of securities
constituting the current Deposit Securities of a Fund Deposit, BNY
Mellon, through the NSCC, will also make available on each business
day, the estimated Cash Component, effective through and including the
previous business day, per Creation Unit aggregation of the Fund.
    To be eligible to place orders with respect to creations and
redemptions of Creation Units, an entity must be (i) a ``Participating
Party,'' i.e., a broker-dealer or other participant in the clearing
process through the continuous net settlement system of the NSCC or
(ii) a Depository Trust Company (``DTC'') Participant (a ``DTC
Participant''). In addition, each Participating Party or DTC
Participant (each, an ``Authorized Participant'') must execute an
agreement that has been agreed to by the Distributor and BNY Mellon
with respect to purchases and redemptions of Creation Units.
    All orders to create Creation Unit aggregations must be received by
the Distributor no later than 3:00 p.m., E.T., an hour earlier than the
closing time of the regular trading session on the Exchange (ordinarily
4:00 p.m., E.T.), in each case on the date such order is placed in
order for creations of Creation Unit aggregations to be effected based
on the NAV of Shares of the Fund as next determined on such date after
receipt of the order in proper form.
    In order to redeem Creation Units of the Fund, an Authorized
Participant must submit an order to redeem for one or more Creation
Units. All such orders must be received by the Distributor in proper
form no later than 3:00 p.m., E.T., an hour earlier than the close of
regular trading on the Exchange (ordinarily 4:00 p.m., E.T.), in order
to receive that day's closing NAV per Share.
Availability of Information
    The Fund's Web site (www.tuttlefunds.com), which will be publicly
available prior to the public offering of Shares, will include a form
of the prospectus for the Fund that may be downloaded. The Web site
will include the Fund's ticker, Cusip [sic] and exchange information
along with additional quantitative information updated on a daily
basis, including, for the Fund: (1) Daily trading volume, the prior
business day's reported NAV and closing price, mid-point of the bid/ask
spread at the time of calculation of such NAV (the ``Bid/Ask Price'')
\14\ and a calculation of the premium and discount of the Bid/Ask Price
against the NAV; and (2) data in chart format displaying the frequency
distribution of discounts and premiums of the daily Bid/Ask Price
against the NAV, within appropriate ranges, for each of the four
previous calendar quarters. On each business day, before commencement
of trading in Shares in the Regular Market Session \15\ on the
Exchange, the Fund will disclose on its Web site the identities and
quantities of the portfolio of securities and other assets (the
``Disclosed Portfolio'' as defined in Nasdaq Rule 5735(c)(2)) held by
the Fund that will form the basis for the Fund's calculation of NAV at
the end of the business day.\16\
---------------------------------------------------------------------------

    \14\ The Bid/Ask Price of the Fund will be determined using the
midpoint of the highest bid and the lowest offer on the Exchange as
of the time of calculation of the Fund's NAV. The records relating
to Bid/Ask Prices will be retained by the Fund and its service
providers.
    \15\ See Nasdaq Rule 4120(b)(4) (describing the three trading
sessions on the Exchange: (1) Pre-Market Session from 4 a.m. to 9:30
a.m. E.T.; (2) Regular Market Session from 9:30 a.m. to 4 p.m. or
4:15 p.m. E.T.; and (3) Post-Market Session from 4 p.m. or 4:15 p.m.
to 8 p.m. E.T.).
    \16\ Under accounting procedures to be followed by the Fund,
trades made on the prior business day (``T'') will be booked and
reflected in NAV on the current business day (``T+1'').
Notwithstanding the foregoing, portfolio trades that are executed
prior to the opening of the Exchange on any business day may be
booked and reflected in NAV on such business day. Accordingly, the
Fund will be able to disclose at the beginning of the business day
the portfolio that will form the basis for the NAV calculation at
the end of the business day.
---------------------------------------------------------------------------

    On a daily basis, the Fund will disclose for each portfolio
security and other asset of the Fund the following information on the
Fund's Web site (if applicable): Ticker symbol, CUSIP number or other
identifier, if any; a description of the holding (including the type of
holding); the identity of the security, commodity, index, or other
asset or instrument underlying the holding, if any; maturity date, if
any; coupon rate, if any; effective date, if any; market value of the
holding; and the percentage weighting of the holdings in the Fund's
portfolio. The Web site information will be publicly available at no
charge.
    In addition, for the Fund, an estimated value, defined in Rule
5735(c)(3) as the ``Intraday Indicative Value,'' that reflects an
estimated intraday value of the Fund's portfolio, will be disseminated.
Moreover, the Intraday Indicative Value, available on the NASDAQ OMX
Information LLC proprietary index data service \17\ will be based upon
the current value for the components of the Disclosed Portfolio and
will be updated and widely disseminated by one or more major market
data vendors and broadly displayed at least every 15 seconds during the
Regular Market Session. The dissemination of the Intraday Indicative
Value, together with the Disclosed Portfolio, will allow investors to
determine the value of the underlying portfolio of the Fund on a daily
basis and will provide a close estimate of that value throughout the
trading day.
---------------------------------------------------------------------------

    \17\ Currently, the NASDAQ OMX Global Index Data Service
(``GIDS'') is the NASDAQ OMX global index data feed service,
offering real-time updates, daily summary messages, and access to
widely followed indexes and Intraday Indicative Values for ETFs.
GIDS provides investment professionals with the daily information
needed to track or trade NASDAQ OMX indexes, listed ETFs, or third-
party partner indexes and ETFs.
---------------------------------------------------------------------------

    Price information regarding the ETPs, equity securities, U.S.
treasuries, money market instruments and money market Funds [sic] held
by the Fund will be available through the U.S. exchanges trading such
assets, in the case of exchange-traded securities, as well as automated
quotation systems, published or other public sources, or on-line
information services such as Bloomberg or Reuters. For all security
types in which the Fund may invest, the Fund's primary pricing source
is IDC; its secondary source is Reuters; and its tertiary source is
Bloomberg.
    Intra-day price information will also be available through
subscription services, such as Bloomberg, Markit and Thomson Reuters,
which can be accessed by Authorized Participants and other investors.
    Investors will also be able to obtain the Fund's Statement of
Additional Information (``SAI''), the Fund's Shareholder Reports, and
its Form N-CSR and Form N-SAR, filed twice a year. The Fund's SAI and
Shareholder Reports will be available free upon request from the Fund,
and those documents and the Form N-CSR and Form N-SAR may be viewed on-
screen

or downloaded from the Commission's Web site at www.sec.gov.
Information regarding market price and volume of the Shares will be
continually available on a real-time basis throughout the day on
brokers' computer screens and other electronic services. The previous
day's closing price and trading volume information for the Shares will
be published daily in the financial section of newspapers. Quotation
and last sale information for the Shares will be available via Nasdaq
proprietary quote and trade services, as well as in accordance with the
Unlisted Trading Privileges and the Consolidated Tape Association plans
for the Shares and any underlying exchange-traded products.
    Additional information regarding the Fund and the Shares, including
investment strategies, risks, creation and redemption procedures, fees,
Fund holdings disclosure policies, distributions and taxes will be
included in the Registration Statement.
Initial and Continued Listing
    The Shares will be subject to Rule 5735, which sets forth the
initial and continued listing criteria applicable to Managed Fund
Shares. The Exchange represents that, for initial and/or continued
listing, the Fund must be in compliance with Rule 10A-3 \18\ under the
Act. A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange. The Exchange will obtain a
representation from the issuer of the Shares that the NAV per Share
will be calculated daily and that the NAV and the Disclosed Portfolio
will be made available to all market participants at the same time.
---------------------------------------------------------------------------

    \18\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Fund. Nasdaq will halt trading in the
Shares under the conditions specified in Nasdaq Rules 4120 and 4121,
including the trading pauses under Nasdaq Rules 4120(a)(11) and (12).
Trading may be halted because of market conditions or for reasons that,
in the view of the Exchange, make trading in the Shares inadvisable.
These may include: (1) The extent to which trading is not occurring in
the securities and other assets constituting the Disclosed Portfolio of
the Fund; or (2) whether other unusual conditions or circumstances
detrimental to the maintenance of a fair and orderly market are
present. Trading in the Shares also will be subject to Rule
5735(d)(2)(D), which sets forth circumstances under which Shares of the
Fund may be halted.
Trading Rules
    Nasdaq deems the Shares to be equity securities, thus rendering
trading in the Shares subject to Nasdaq's existing rules governing the
trading of equity securities. Nasdaq will allow trading in the Shares
from 4:00 a.m. until 8:00 p.m. E.T. The Exchange has appropriate rules
to facilitate transactions in the Shares during all trading sessions.
As provided in Nasdaq Rule 5735(b)(3), the minimum price variation for
quoting and entry of orders in Managed Fund Shares traded on the
Exchange is $0.01.
Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by both Nasdaq and
also the Financial Industry Regulatory Authority (``FINRA'') on behalf
of the Exchange, which are designed to detect violations of Exchange
rules and applicable federal securities laws.\19\ The Exchange
represents that these procedures are adequate to properly monitor
Exchange trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules and applicable federal securities
laws.
---------------------------------------------------------------------------

    \19\ FINRA surveils trading on the Exchange pursuant to a
regulatory services agreement. The Exchange is responsible for
FINRA's performance under this regulatory services agreement.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns, which could be
indicative of manipulative or other violative activity. When such
situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant trading violations.
    FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares and other exchange-traded securities
and instruments held by the Fund with other markets and other entities
that are members of the ISG \20\ and FINRA may obtain trading
information regarding trading in the Shares and other exchange-traded
securities and instruments held by the Fund from such markets and other
entities. In addition, the Exchange may obtain information regarding
trading in the Shares and other exchange-traded securities and
instruments held by the Fund from markets and other entities that are
members of ISG,\21\ or with which the Exchange has in place a
comprehensive surveillance sharing agreement. The Fund's net assets
that are invested in exchange-traded equities, including ETPs and
common stock, will be invested in instruments that trade in markets
that are members of ISG or are parties to a comprehensive surveillance
sharing agreement with the Exchange.
---------------------------------------------------------------------------

    \20\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
    \21\ Id.
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
Information Circular
    Prior to the commencement of trading, the Exchange will inform its
members in an Information Circular of the special characteristics and
risks associated with trading the Shares. Specifically, the Information
Circular will discuss the following: (1) The procedures for purchases
and redemptions of Shares in Creation Units (and that Shares are not
individually redeemable); (2) Nasdaq Rule 2111A, which imposes
suitability obligations on Nasdaq members with respect to recommending
transactions in the Shares to customers; (3) how information regarding
the Intraday Indicative Value and Disclosed Portfolio is disseminated;
(4) the risks involved in trading the Shares during the Pre-Market and
Post-Market Sessions when an updated Intraday Indicative Value will not
be calculated or publicly disseminated; (5) the requirement that
members deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (6) trading information.
    In addition, the Information Circular will advise members, prior to
the commencement of trading, of the prospectus delivery requirements
applicable to the Fund. Members purchasing Shares from the Fund for
resale to investors will deliver a prospectus to such investors. The
Information Circular will also discuss any exemptive, no-action and
interpretive relief granted by the Commission from any rules under the
Act.
    Additionally, the Information Circular will reference that the Fund
is subject to various fees and expenses described in the Registration
Statement. The Information Circular will also disclose

the trading hours of the Shares of the Fund and the applicable NAV
calculation time for the Shares. The Information Circular will disclose
that information about the Shares of the Fund will be publicly
available on the Fund's Web site.
2. Statutory Basis
    Nasdaq believes that the proposal is consistent with Section 6(b)
of the Act in general and Section 6(b)(5) of the Act in particular in
that it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and in general, to protect
investors and the public interest.
    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in Nasdaq Rule 5735. The
Exchange represents that trading in the Shares will be subject to the
existing trading surveillances, administered by both Nasdaq and FINRA
on behalf of the Exchange, which are designed to detect violations of
Exchange rules and applicable federal securities laws. In addition,
paragraph (g) of Nasdaq Rule 5735 further requires that personnel who
make decisions on the open-end fund's portfolio composition must be
subject to procedures designed to prevent the use and dissemination of
material, non-public information regarding the open-end fund's
portfolio. The Fund's investments will be consistent with the Fund's
investment objective. FINRA may obtain information via ISG from other
exchanges that are members of ISG. In addition, the Exchange may obtain
information regarding trading in the Shares and other exchange-traded
securities and instruments held by the Fund from markets and other
entities that are members of ISG, which includes all U.S. and some
foreign securities and futures exchanges, or with which the Exchange
has in place a comprehensive surveillance sharing agreement. The Fund
may invest up to an aggregate amount of 15% of its net assets in
illiquid assets (calculated at the time of investment). 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
Exchange will obtain a representation from the issuer of the Shares
that the NAV per Share will be calculated daily and that the NAV and
the Disclosed Portfolio will be made available to all market
participants at the same time. In addition, a large amount of
information will be publicly available regarding the Fund and the
Shares, thereby promoting market transparency. Moreover, the Intraday
Indicative Value, available on the NASDAQ OMX Information LLC
proprietary index data service will be widely disseminated by one or
more major market data vendors at least every 15 seconds during the
Regular Market Session. On each business day, before commencement of
trading in Shares in the Regular Market Session on the Exchange, the
Fund will disclose on its Web site the Disclosed Portfolio of the Fund
that will form the basis for the Fund's calculation of NAV at the end
of the business day. Information regarding market price and trading
volume of the Shares will be continually available on a real-time basis
throughout the day on brokers' computer screens and other electronic
services, and quotation and last sale information for the Shares will
be available via Nasdaq proprietary quote and trade services, as well
as in accordance with the Unlisted Trading Privileges and the
Consolidated Tape Association plans for the Shares and any underlying
exchange-traded products. Intra-day price information will be available
through subscription services, such as Bloomberg, Markit and Thomson
Reuters, which can be accessed by Authorized Participants and other
investors.
    The Fund's Web site will include a form of the prospectus for the
Fund and additional data relating to NAV and other applicable
quantitative information. Trading in Shares of the Fund will be halted
under the conditions specified in Nasdaq Rules 4120 and 4121 or because
of market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable, and trading in the Shares will
be subject to Nasdaq Rule 5735(d)(2)(D), which sets forth circumstances
under which Shares of the Fund may be halted. In addition, as noted
above, investors will have ready access to information regarding the
Fund's holdings, the Intraday Indicative Value, the Disclosed
Portfolio, and quotation and last sale information for the Shares.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
an additional type of actively-managed exchange-traded product that
will enhance competition among market participants, to the benefit of
investors and the marketplace. As noted above, FINRA, on behalf of the
Exchange, will communicate as needed regarding trading in the Shares
and other exchange-traded securities and instruments held by the Fund
with other markets and other entities that are members of the ISG and
FINRA may obtain trading information regarding trading in the Shares
and other exchange-traded securities and instruments held by the Fund
from such markets and other entities. In addition, the Exchange may
obtain information regarding trading in the Shares and other exchange-
traded securities and instruments held by the Fund from markets and
other entities that are members of ISG, which includes all U.S. and
some foreign securities and futures exchanges, or with which the
Exchange has in place a comprehensive surveillance sharing agreement.
Furthermore, as noted above, investors will have ready access to
information regarding the Fund's holdings, the Intraday Indicative
Value, the Disclosed Portfolio, and quotation and last sale information
for the Shares.
    For the above reasons, Nasdaq believes the proposed rule change is
consistent with the requirements of Section 6(b)(5) of the Act.

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 purposes of the Act. The Exchange believes that
the proposed rule change will facilitate the listing and trading of an
additional type of actively-managed exchange-traded fund that will
enhance competition among market participants, to the benefit of
investors and the marketplace.

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

    Written comments were neither solicited nor received.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which

the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

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-NASDAQ-2014-127 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-NASDAQ-2014-127. 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 the filing also will 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-NASDAQ-2014-127 and should
be submitted on or before January 27, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\22\
---------------------------------------------------------------------------

    \22\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2014-30896 Filed 1-5-15; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 166 (Monday, August 27, 2012)]
[Notices]
[Pages 51798-51800]
[FR Doc No: 2012-21034]

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

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OAR-2008-0699; FRL-9721-6]

First Draft Documents Related to the Review of the National
Ambient Air Quality Standards for Ozone

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of extension of comment period.

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

SUMMARY: The EPA is announcing an extension of the public comment
period for the first draft assessment documents titled, Health Risk and
Exposure Assessment for Ozone, First External Review Draft; Welfare
Risk and Exposure Assessment for Ozone, First External Review Draft;
and Policy Assessment for the Review of the Ozone National Ambient Air
Quality Standards: First External Review Draft. The Agency is extending
the comment period by 31 days to provide stakeholders and the public
adequate time to conduct appropriate analysis and prepare meaningful
comments on these first draft assessment documents. The original
comment period was to end on September 11, 2012. The extended comment
period will now close on October 12, 2012.

DATES: Comments should be submitted on or before October 12, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
OAR-2008-0699, by one of the following methods:
     www.regulations.gov: Follow the on-line instructions for
submitting comments.
     Email: Comments may be sent by electronic mail (email) to
<EMAIL_ADDRESS>Attention Docket ID No. EPA-HQ-OAR-2008-0699.
     Fax: Fax your comments to<PHONE_NUMBER>, Attention Docket
ID No. EPA-HQ-OAR-2008-0699.
     Mail: Send your comments to: Air and Radiation Docket and
Information Center, Environmental Protection Agency, Mailcode: 2822T,
1200 Pennsylvania Ave. NW., Washington, DC 20460, Attention Docket ID
No. EPA-HQ-OAR-2008-0699.
     Hand Delivery or Courier: Deliver your comments to: EPA
Docket Center, 1301 Constitution Ave. NW., Room 3334, Washington, DC.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.

    Instructions: Direct your comments to Docket ID No. EPA-HQ-OAR-
2008-0699. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through www.regulations.gov
or email. The www.regulations.gov Web site is an ``anonymous access''
system, which means EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to EPA without going through
www.regulations.gov, your email address will be automatically captured
and included as part of the comment that is placed in the public docket
and made available on the Internet. If you submit an electronic
comment, EPA recommends that you include your name and other contact
information in the body of your comment and with any disk or CD-ROM you
submit. If EPA cannot read your comment due to technical difficulties
and cannot contact you for clarification, EPA may not be able to
consider your comment. Electronic files should avoid the use of special
characters, any form of encryption, and be free of any defects or
viruses.
    Docket: All documents in the docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in www.regulations.gov or in hard copy at the Air Docket in the EPA
Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW.,
Washington, DC. This Docket Facility is open from 8:30 a.m. to 4:30
p.m. Monday through Friday, excluding legal holidays. The Docket
telephone number is<PHONE_NUMBER>; fax<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: For questions related to the draft
document titled, Health Risk and Exposure Assessment for Ozone, First
External Review Draft (EPA-452/P-12-001; July 2012), please contact Ms.
Karen Wesson, Office of Air Quality Planning and Standards (Mail code
C504-02), U.S. Environmental Protection Agency, Research Triangle Park,
NC 27711; email<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax:
919- 541-5315.
    For questions related to the draft document titled, Welfare Risk
and Exposure Assessment for Ozone, First External Review Draft (EPA-
452/P-12- 004; July 2012), please contact Dr. Travis Smith, Office of
Air Quality Planning and Standards (Mail code C539-07), U.S.
Environmental Protection Agency, Research Triangle Park, NC 27711;
email<EMAIL_ADDRESS>telephone:<PHONE_NUMBER>; fax: 919-541-
5315.
    For questions related to the draft document titled, Policy
Assessment for the Review of the Ozone National Ambient Air Quality
Standards: First External Review Draft (EPA-452/P-12-002; August 2012),
please contact Ms. Susan Lyon Stone, Office of Air Quality Planning and
Standards (Mail code C504-06), U.S. Environmental Protection Agency,
Research Triangle Park, NC 27711; email<EMAIL_ADDRESS>
telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>.

General Information

A. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
www.regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as
CBI and then identify electronically within the disk or CD ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for Preparing Your Comments. When submitting comments,
remember to:
     Identify the rulemaking by docket number and other
identifying information (subject heading, Federal Register date and
page number).
     Follow directions--The agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
     Explain why you agree or disagree; suggest alternatives
and substitute language for your requested changes.
     Describe any assumptions and provide any technical
information and/or data that you used.
     If you estimate potential costs or burdens, explain how
you arrived at your estimate in sufficient detail to allow for it to be
reproduced.
     Provide specific examples to illustrate your concerns, and
suggest alternatives.
     Make sure to submit your comments by the comment period
deadline identified.

SUPPLEMENTARY INFORMATION: Under section 108(a) of the Clean Air Act
(CAA), the Administrator identifies and lists certain pollutants which
``cause or contribute to air pollution which may reasonably be
anticipated to endanger public health or welfare.'' The EPA then issues
air quality criteria for these listed pollutants, which are commonly
referred to as ``criteria pollutants.'' The air quality criteria are to
``accurately reflect the latest scientific knowledge useful in
indicating the kind and extent of all identifiable effects on public
health or welfare which may be expected from the presence of [a]
pollutant in the ambient air, in varying quantities.'' Under section
109 of the CAA, EPA establishes primary (health-based) and secondary
(welfare-based) National Ambient Air Quality Standards (NAAQS) for
pollutants for which air quality criteria are issued. Section

109(d) of the CAA requires periodic review and, if appropriate,
revision of existing air quality criteria. The revised air quality
criteria reflect advances in scientific knowledge on the effects of the
pollutant on public health or welfare. The EPA is also required to
periodically review and revise the NAAQS, if appropriate, based on the
revised criteria.\1\ A draft of the integrated review plan was released
for public review and comment in September 2009 and was the subject of
a consultation with the Clean Air Scientific Advisory Committee (CASAC)
on November 13, 2009 (74 FR 54562; October 22, 2009).\2\ Comments
received from that consultation and from the public were considered in
finalizing the plan and in beginning the review of the air quality
criteria.
---------------------------------------------------------------------------

    \1\ See http://www.epa.gov/ttn/naaqs/review.html for more
information on the NAAQS review process.
    \2\ See http://yosemite.epa.gov/sab/sabproduct.nsf/WebProjectsbyTopicCASAC!OpenView for more information on CASAC
activities related to the current O3 NAAQS review.
---------------------------------------------------------------------------

    As part of EPA's review of the primary and secondary ozone
(O3) NAAQS,\3\ the Agency is conducting quantitative
assessments characterizing the health and welfare risks associated with
exposure to ambient O3. The EPA's plans for conducting these
assessments, including the proposed scope and methods of the analyses,
were presented in two planning documents titled, Ozone National Ambient
Air Quality Standards: Scope and Methods Plan for Health Risk and
Exposure Assessment and Ozone National Ambient Air Quality Standards:
Scope and Methods Plan for Welfare Risk and Exposure Assessment
(henceforth, Scope and Methods Plans).\4\ These documents were released
for public comment in April 2011, and were the subject of a
consultation with the CASAC on May 19-20, 2011 (76 FR 23809; April 28,
2011). In May 2012, a memo titled, Updates to information presented in
the Scope and Methods Plans for the Ozone NAAQS Health and Welfare Risk
and Exposure Assessments, was made available that described changes to
elements of the scope and methods plans and provided a brief
explanation of each change and the reason for it.
---------------------------------------------------------------------------

    \3\ See http://www.epa.gov/ttn/naaqs/review.html for more
information on the NAAQS review process.
    \4\ EPA-452/P-11-001 and -002; April 2011; Available: http://www.epa.gov/ttn/naaqs/standards/ozone/s_o3_2008_pd.html
---------------------------------------------------------------------------

    On July 16, 2012 EPA made available the first draft documents
Health Risk and Exposure Assessment for Ozone, First External Review
Draft and Welfare Risk and Exposure Assessment for Ozone, First
External Review Draft. At that time, we noted that Chapter 6 of the
Health Risk and Exposure Assessment (REA) and quantitative results of
ecosystem services modeling in Chapter 6 of the Welfare REA would be
made available in a separate submission in August, 2012.
    On August 15, EPA made available updates to the first draft Health
and Welfare REAs, along with several technical memos and appendices.
Updates to the Health REA include Chapter 6 which describes risk
analyses based on application of results from human clinical studies,
an updated Chapter 9 which incorporates the findings from Chapter 6,
and several corrections to other chapters, including corrected table
numbers in Chapter 5, and corrected references in several locations.
Updates to the Welfare REA include additional analyses described in
Chapter 6 which provide estimates of damages from O3
exposure to ecosystem services related to commercial forests and urban
trees, additional discussions in Chapter 7 related to the ecosystem
service analyses in the revised Chapter 6, as well as corrections to
maps in Chapter 4 and corrected references in several locations.
    In addition, on August 15, 2012 EPA made available the first draft
document titled Policy Assessment for the Review of the Ozone National
Ambient Air Quality Standards: First External Review Draft. When final,
the Policy Assessment will serve to ``bridge the gap'' between the
scientific information and the judgments required of the Administrator
in determining whether it is appropriate to retain or revise the
standards. The first draft Policy Assessment builds upon information
presented in the Integrated Science Assessment of Ozone and Related
Photochemical Oxidants (Third draft) \5\ and the two draft Risk and
Exposure Assessment documents described above. The first draft Policy
Assessment may be accessed online through EPA's TTN Web site at http://www.epa.gov/ttn/naaqs/standards/ozone/s_o3_index.html.
---------------------------------------------------------------------------

    \5\ U.S. EPA. Integrated Science Assessment of Ozone and Related
Photochemical Oxidants (Third External Review Draft). U.S.
Environmental Protection Agency, Washington, DC, EPA/600/R-10/076C,
2012; Available: http://cfpub.epa.gov/ncea/isa/recordisplay.cfm?deid=242490#Download.
---------------------------------------------------------------------------

    The EPA is soliciting advice and recommendations from the CASAC by
means of a review of these draft documents at an upcoming public
meeting of the CASAC that will be held September 11-13, 2012.
Information about these public meetings, including the dates and
locations, was published in a separate notice in the Federal Register
(77 FR 46755). The EPA is also soliciting comments from the public on
these draft documents. Following the CASAC meeting and the close of the
public comment period, EPA will consider comments received from the
CASAC and the public in preparing revisions to these documents.
    The draft documents briefly described above do not represent and
should not be construed to represent any final EPA policy, viewpoint,
or determination. The EPA will consider any public comments submitted
in response to this notice when revising the documents.

    Dated: August 20, 2012.
Mary Henigin,
Acting Director, Office of Air Quality Planning and Standards.
[FR Doc. 2012-21034 Filed 8-24-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Notices]
[Page 4057]
[FR Doc No: 2019-02340]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2883-009]

Aquenergy Systems, LLC; Notice of Comment Period Extension

    On November 1, 2018, the Commission issued a notice setting January
7, 2019, as the end of the formal period to file scoping comments on
the license application for the Fries Hydroelectric Project No. 2883.
Due to the funding lapse at certain federal agencies between December
22, 2018 and January 25, 2019, the Commission is extending the comment
period until February 25, 2019.

    Dated: February 8, 2019.
Kimberly D. Bose,
Secretary.
[FR Doc. 2019-02340 Filed 2-13-19; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Notices]
[Pages 85609-85610]
[FR Doc No: 2023-26976]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL24-17-000]

Sandy Ridge Wind 2, LLC; Notice of Institution of Section 206
Proceeding and Refund Effective Date

    On December 4, 2023, the Commission issued an order in Docket No.
EL24-17-000, pursuant to section 206 of the Federal Power Act (FPA), 16
U.S.C. 824e, instituting an investigation to determine whether Sandy
Ridge Wind 2, LLC's proposed rate schedule is unjust, unreasonable,
unduly discriminatory or preferential, or otherwise unlawful. Sandy
Ridge Wind 2, LLC, 185 FERC ] 61,165 (2023).
    The refund effective date in Docket No. EL24-17-000, established
pursuant to section 206(b) of the FPA, will be the date of publication
of this notice in the Federal Register.
    Any interested person desiring to be heard in Docket No. EL24-17-
000 must file a notice of intervention or motion to intervene, as
appropriate, with the Federal Energy Regulatory Commission, in
accordance with Rule 214 of the Commission's Rules of Practice and
Procedure, 18 CFR 385.214 (2022), within 21 days of the date of
issuance of the order.
    In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and/or print the contents of this document via the
internet through the Commission's Home Page (http://www.ferc.gov) using
the ``eLibrary'' link. Enter the docket number excluding the last three
digits in the docket number field to access the document. At this time,
the Commission has suspended access to the Commission's Public
Reference Room, due to the proclamation declaring a National Emergency
concerning the Novel Coronavirus Disease (COVID-19), issued by the
President on March 13, 2020. For assistance, contact FERC at
[email protected] or call toll-free,<PHONE_NUMBER> or TYY,
(202) 502-8659.
    The Commission strongly encourages electronic filings of comments,
protests and interventions in lieu of paper using the ``eFile'' link at
http://www.ferc.gov. In lieu of electronic filing, you may submit a
paper copy. Submissions sent via the U.S. Postal Service must be
addressed to: Kimberly D. Bose, Secretary, Federal Energy Regulatory
Commission, 888 First Street NE, Room 1A, Washington, DC 20426.

Submissions sent via any other carrier must be addressed to: Kimberly
D. Bose, Secretary, Federal Energy Regulatory Commission, 12225 Wilkins
Avenue, Rockville, Maryland 20852.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: December 4, 2023.
Kimberly D. Bose,
Secretary.
[FR Doc. 2023-26976 Filed 12-7-23; 8:45 am]
BILLING CODE 6717-01-P