[Federal Register Volume 86, Number 176 (Wednesday, September 15, 2021)]
[Notices]
[Pages 51393-51395]
[FR Doc No: 2021-19861]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-92916; File No. SR-C2-2021-013]

Self-Regulatory Organizations; Cboe C2 Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Make
Certain Corrections to the Rules

September 9, 2021.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on September 7, 2021, Cboe C2 Exchange, Inc. (the ``Exchange'' or
``C2'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, and
II below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    Cboe C2 Exchange, Inc. (the ``Exchange'' or ``C2'') proposes to
make certain corrections to the Rules. The text of the proposed rule
change is provided in Exhibit 5.
    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/options/regulation/rule_filings/ctwo/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant 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 make nonsubstantive cleanup changes to its
Cboe C2 Exchange Rulebook (``Rulebook'') in order to remove
inapplicable and obsolete terms.
    Specifically, the proposed rule change deletes the definition of
``L'' Capacity code from Rule 1.1, which currently provides that L
Capacity code applies to the account of non-Trading Permit Holder
affiliate. The Exchange notes that this Capacity code is not applicable
to trading on C2 and only applicable to trading on the Exchange's
affiliated options exchange, Cboe Exchange, Inc. (``Cboe Options''),
from which the Exchange's current definition of ``L'' Capacity code was
inadvertently copied.\5\ Further, the proposed rule change deletes the
term ``Voluntary Professional Customer'' from Rule 6.5. As of 2019,
that Capacity designation is no longer available on C2 Exchange and the
Exchange removed the term from its Rulebook. The proposed rule change
merely removes the term from Rule 6.5,

which was inadvertently left in the Rulebook.\6\
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    \5\ See Securities Exchange Release No. 83214 (May 11, 2018), 83
FR 22796 (May 16, 2018) (SR-C2-2018-005).
    \6\ See.id.
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2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations thereunder applicable to the Exchange and, in particular,
the requirements of Section 6(b) of the Act.\7\ Specifically, the
Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \8\ requirements that the rules of an exchange be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in regulating, clearing,
settling, processing information with respect to, and facilitating
transactions in securities, to remove impediments to and perfect the
mechanism of a free and open market and a national market system, and,
in general, to protect investors and the public interest. Additionally,
the Exchange believes the proposed rule change is consistent with the
Section 6(b)(5) \9\ requirement that the rules of an exchange not be
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
    \9\ Id.
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    In particular, the Exchange believes the proposed rule change will
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, will protect
investors and the public interest by removing inapplicable and obsolete
terms within the Rules. Specifically, by removing terms that reference
Capacities that are not available on the Exchange, the proposed rule
change is designed to protect investors by making the Rules more
accurate, thereby mitigating any potential investor confusion. The
proposed rule change will have no impact on trading on the Exchange, as
the proposed rule change is nonsubstantive in nature.

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 proposed rule change is
not intended as a competitive filing, but rather simply updates the
Rules to remove inapplicable and obsolete terms that inadvertently
remain in the Rulebook. The proposed rule change makes no substantive
changes to the Rules, and thus will have no impact on trading on the
Exchange.

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

    The Exchange neither solicited nor received comments on the
proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \10\ and Rule 19b-
4(f)(6) thereunder.\11\
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    \10\ 15 U.S.C. 78s(b)(3)(A).
    \11\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \12\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \13\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay. The
Exchange believes that waiver of the operative delay is consistent with
the protection of investors and the public interest because the
proposed rule change will remove inapplicable and obsolete terms within
the Rules. The Exchange notes that by removing terms that reference
Capacities that are not available on the Exchange, the proposed rule
change is designed to protect investors by making the Rules more
accurate, thereby mitigating any potential investor confusion. The
Commission believes that waiver of the 30-day operative delay is
consistent with the protection of investors and the public interest
because the proposed rule change is nonsubstantive in nature and makes
the Exchange's rules accurate by removing inapplicable and obsolete
terms. Therefore, the Commission hereby waives the operative delay and
designates the proposal as operative upon filing.\14\
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    \12\ 17 CFR 240.19b-4(f)(6).
    \13\ 17 CFR 240.19b-4(f)(6)(iii).
    \14\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
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-C2-2021-013 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-C2-2021-013. 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 website (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 website 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. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-C2-2021-013 and should be
submitted on or before October 6, 2021.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\15\
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    \15\ 17 CFR 200.30-3(a)(12).
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J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-19861 Filed 9-14-21; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 151 (Tuesday, August 6, 2019)]
[Notices]
[Page 38281]
[FR Doc No: 2019-16788]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4449-DR; Docket ID FEMA-2019-0001]

Kansas; Amendment No. 2 to Notice of a Major Disaster Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Kansas (FEMA-4449-DR), dated June 20, 2019, and
related determinations.

DATES: This amendment was issued July 25, 2019.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Kansas is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the event declared a major disaster by the President in his declaration
of June 20, 2019.
    Bourbon, Comanche, Crawford, Dickinson, Douglas, Edwards, Ford,
Gray, and Riley Counties for Public Assistance.

    The following Catalog of Federal Domestic Assistance Numbers
(CFDA) are to be used for reporting and drawing funds: 97.030,
Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis
Counseling; 97.033, Disaster Legal Services; 97.034, Disaster
Unemployment Assistance (DUA); 97.046, Fire Management Assistance
Grant; 97.048, Disaster Housing Assistance to Individuals and
Households In Presidentially Declared Disaster Areas; 97.049,
Presidentially Declared Disaster Assistance--Disaster Housing
Operations for Individuals and Households; 97.050 Presidentially
Declared Disaster Assistance to Individuals and Households--Other
Needs; 97.036, Disaster Grants--Public Assistance (Presidentially
Declared Disasters); 97.039, Hazard Mitigation Grant.

Pete Gaynor,
Acting Administrator, Federal Emergency Management Agency.
[FR Doc. 2019-16788 Filed 8-5-19; 8:45 am]
 BILLING CODE 9111-23-P


[Federal Register Volume 84, Number 149 (Friday, August 2, 2019)]
[Notices]
[Pages 37934-37936]
[FR Doc No: 2019-16482]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-86507; File No. SR-NASDAQ-2019-056]

Self-Regulatory Organizations; The Nasdaq Stock Market LLC;
Notice of Filing and Immediate Effectiveness of a Proposed Rule Change
To Amend The Nasdaq Options Market LLC Pricing at Options 7, Section 3
Titled ``Nasdaq Options Market--Ports and Other Services.''

July 29, 2019.
    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 July 15, 2019, The Nasdaq Stock Market LLC (``Nasdaq'' or
``Exchange'') filed with the Securities and Exchange Commission
(``SEC'' or ``Commission'') the proposed rule change as described in
Items I, II, and III, below, which Items have been prepared by the
Exchange. 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

    The Exchange proposes to amend The Nasdaq Options Market LLC
(``NOM'') pricing at Options 7, Section 3 titled ``Nasdaq Options
Market--Ports and Other Services.'' The amendment will describe the
pricing with respect to an upcoming technology infrastructure
migration.
    The text of the proposed rule change is available on the Exchange's
website at http://nasdaq.cchwallstreet.com/, at the principal office of
the Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant 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 amend NOM pricing at Options 7, Section 3
titled ``Nasdaq Options Market--Ports and Other Services.'' During the
month of August 2019, NOM Participants will be required to transition
from current FIX Ports,\3\ CTI Ports \4\ and FIX DROP Ports \5\ to new
FIX Ports, CTI Ports and FIX DROP Ports in connection with an upcoming
technology infrastructure migration.
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    \3\ Financial Information eXchange'' or '' FIX'' is an interface
that allows Participants and their Sponsored Customers to connect,
send, and receive messages related to orders to and from the
Exchange. Features include the following: (1) Execution messages;
(2) order messages; and (3) risk protection triggers and cancel
notifications. See Chapter VI, Section 21(a)(i)(A).
    \4\ Clearing Trade Interface (``CTI'') is a real-time clearing
trade update message that is sent to a Participant after an
execution has occurred and contains trade details specific to that
Participant. The information includes, among other things, the
following: (i) The Clearing Member Trade Agreement or ``CMTA'' or
The Options Clearing Corporation or ``OCC'' number; (ii) Exchange
badge or house number; (iii) the Exchange internal firm identifier;
(iv) an indicator which will distinguish electronic and non-
electronically delivered orders; (v) liquidity indicators and
transaction type for billing purposes; and (vi) capacity. See
Chapter VI, Section 19(b)(1).
    \5\ FIX DROP is a real-time order and execution update message
that is sent to a Participant after an order been received/modified
or an execution has occurred and contains trade details specific to
that Participant. The information includes, among other things, the
following: (i) Executions; (ii) cancellations; (iii) modifications
to an existing order; and (iv) busts or post-trade corrections. See
Chapter VI, Section 19(b)(3).
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Description of Migration and Pricing Impact
    In connection with this migration, Participants will request new
FIX Ports, CTI Ports and FIX DROP Ports during the month of August,
which are duplicative of the type and quantity of their current ports,
at no additional cost to allow for testing of the new ports and allow
for continuous connection to the match engine during the transition
period.\6\ For example, a NOM Participant with 3 FIX Ports, 1 CTI Port
and 1 FIX DROP Port on August 1, 2019 could request 3 new FIX Ports, 1
CTI Port and 1 FIX DROP Port for the month of August 2019 at no
additional cost. The NOM Participant would be assessed only for the
legacy market ports, in this case 3 FIX Ports, 1 CTI Port and 1 FIX
DROP Port, for the month of August 2019 and would not be assessed for
the new ports, which are duplicative of the current ports. A
Participant may acquire any additional legacy ports during the month of
August 2019 and would be assessed the charges indicated in the current
Pricing Schedule. The migration does not require a Participant to
acquire any additional ports, rather the migration requires a new port
to replace any existing ports provided the Participant desired to
maintain the same number of ports.\7\ A Participant desiring to enter
orders into NOM is required to obtain 1 FIX Port. A Participant may
also obtain order and execution ports, such as a CTI Port and/or a FIX
DROP Port, to receive clearing and execution messages. The number of
additional FIX or order and execution ports obtained by a Participant
is dependent on the Participant's business needs.
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    \6\ Participants would contact Market Operations to acquire new
duplicative FIX Ports, CTI Ports and FIX DROP Ports. See Options
Technical Update #2019-3.
    \7\ The migration is 1:1 and therefore would not require a
Participant to acquire new ports, nor would it reduce the number of
ports needed to connect.
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Applicability to and Impact on Participants \8\
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    \8\ On May 21, 2019, the SEC Division of Trading and Markets
(the ``Division'') issued fee filing guidance titled ``Staff
Guidance on SRO Rule Filings Relating to Fees'' (``Guidance'').
Within the Guidance, the Division noted, among other things, that
the purpose discussion should address ``how the fee may apply
differently (e.g., additional cost vs. additional discount) to
different types of market participants (e.g., market makers,
institutional brokers, retail brokers, vendors, etc.) and different
sizes of market participants.'' See Guidance (available at https://www.sec.gov/tm/staff-guidance-sro-rule-filings-fees). The Guidance
also suggests that the purpose discussion should include numerical
examples. Where possible, the Exchange is including numerical
examples. In addition, the Exchange is providing data to the
Commission in support of its arguments herein. The Guidance covers
all aspects of a fee filing, which the Exchange has addressed
throughout this filing.
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    The proposal is not intended to impose any additional fees on any
NOM Participants. All Participants may enter orders on NOM. As noted
above, a NOM Participant may enter all orders on NOM through one FIX
Port. The Exchange does not require a NOM Participant to obtain more
than one FIX Port, however, a Participant may obtain multiple FIX
Ports, a CTI Port or a FIX DROP Port to meet its individual business
needs. This proposal is intended to permit a NOM Participant to migrate
its current FIX Ports, CTI Ports and FIX DROP Ports at no additional
costs during the month of August 2019 to allow for continuous
connection to the Exchange. Participants would only be assessed a fee
for their current FIX Ports, CTI Ports and FIX DROP Ports and not be
assessed a fee for any new duplicative ports they acquire in connection
with the technology

infrastructure migration. This proposal is not intended to have a
pricing impact.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\9\ in general, and furthers the objectives of Sections
6(b)(4) and 6(b)(5) of the Act,\10\ in particular, in that it provides
for the equitable allocation of reasonable dues, fees and other charges
among members and issuers and other persons using any facility, and is
not designed to permit unfair discrimination between customers,
issuers, brokers, or dealers. The proposal is also consistent with
Section 11A of the Act relating to the establishment of the national
market system for securities. Moreover, the Exchange believes that its
proposal complies with Commission guidance on SRO fee filings that the
Commission Staff issued on May 21, 2019.\11\
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    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(4) and (5).
    \11\ See Guidance, supra note 8. Although the Exchange believes
that this filing complies with the Guidance, the Exchange does not
concede that the standards set forth in the Guidance are consistent
with the Exchange Act and reserves its right to challenge those
standards through administrative and judicial review, as
appropriate.
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The Proposal is Reasonable
    The Exchange's proposal is reasonable in several respects. As a
threshold matter, the Exchange is subject to significant competitive
forces in the market for options transaction services that constrain
its pricing determinations in that market. The fact that this market is
competitive has long been recognized by the courts. In NetCoalition v.
Securities and Exchange Commission, the D.C. Circuit stated as follows:
``[n]o one disputes that competition for order flow is `fierce.' . . .
As the SEC explained, `[i]n the U.S. national market system, buyers and
sellers of securities, and the broker-dealers that act as their order-
routing agents, have a wide range of choices of where to route orders
for execution'; [and] `no exchange can afford to take its market share
percentages for granted' because `no exchange possesses a monopoly,
regulatory or otherwise, in the execution of order flow from broker
dealers'. . . .'' \12\
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    \12\ NetCoalition v. SEC, 615 F.3d 525, 539 (D.C. Cir. 2010)
(quoting Securities Exchange Act Release No. 59039 (December 2,
2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-
21)).
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    Numerous indicia demonstrate the competitive nature of this market.
For example, clear substitutes to the Exchange exist in the market for
options transaction services. The Exchange is one of several options
venues to which market participants may direct their order flow, and it
represents a small percentage of the overall market. The Exchange
believes its proposal is reasonable because it will not cause a pricing
impact on any NOM Participant, rather the proposal is intended to
permit NOM Participants to migrate their FIX Ports, CTI Ports and FIX
DROP Ports to new technology at no additional cost during the month of
August 2019. This proposal, which offers new duplicative ports to
Participants at no cost, will allow Participants to test and maintain
continuous connection to the Exchange during the month of August 2019.
The Proposal Represents an Equitable Allocation and Is Not Unfairly
Discriminatory
    The Exchange believes its proposal allocates its fees fairly among
its market participants. The proposal is equitable and not unfairly
discriminatory. All Participants may enter orders on NOM. As noted
above, a NOM Participant may enter all orders on NOM through one FIX
Port. The Exchange does not require a NOM Participant to obtain more
than one FIX Port, however, a Participant may obtain multiple FIX
Ports, a CTI Port or a FIX DROP Port to meet its individual business
needs. This proposal is not intended to have a pricing impact to any
NOM Participant.

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 not necessary or appropriate in
furtherance of the purposes of the Act.
Inter-Market Competition
    The proposal does not impose an undue burden on inter-market
competition. This proposal does not amend pricing or functionality.
Rather, this technology migration will enable NOM Participants to
continue to connect to NOM, as is the case today, for the entry of
orders.
Intra-Market Competition
    The proposal does not impose an undue burden on intra-market
competition. All Participants may enter orders on NOM. As noted above,
a NOM Participant may enter all orders on NOM through one FIX Port. The
Exchange does not require a NOM Participant to obtain more than one FIX
Port, however, a Participant may obtain multiple FIX Ports, a CTI Port
or a FIX DROP Port to meet its individual business needs. This proposal
is not intended to have a pricing impact to any NOM Participant.

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

    No written comments were either solicited or received.

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

    The foregoing rule change has become effective pursuant to Section
19(b)(3)(A)(ii) of the Act.\13\
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    \13\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is: (i)
Necessary or appropriate in the public interest; (ii) for the
protection of investors; or (iii) otherwise in furtherance of the
purposes of the Act. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or 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-2019-056 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-2019-056. 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 website (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 website 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. Persons submitting
comments are cautioned that we do not redact or edit personal
identifying information from comment submissions. You should submit
only information that you wish to make available publicly. All
submissions should refer to File Number SR-NASDAQ-2019-056 and should
be submitted on or before August 23, 2019.
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    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2019-16482 Filed 8-1-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: May 17, 2006 (Volume 71, Number 95)]
[Notices]
[Page 28732-28735]
[DOCID:fr17my06-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-53791; File No. SR-NYSE-2006-33]

Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to a Pilot Program Beginning on May 12, 2006 and Ending on
October 31, 2006 or Sooner, To Implement Certain Hybrid Market Changes
and Amend Certain Changes to Approved Hybrid Market Rules

May 11, 2006.
    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 May 10, 2006, the New York Stock Exchange LLC (``NYSE'' or
``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 the Exchange. The Exchange
filed the proposed rule change pursuant to Section 19(b)(3)(A) of the
Act \3\ and Rule 19b-4(f)(6) thereunder,\4\ which renders the proposed
rule change effective upon filing with the Commission. 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.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The proposed rule change consists of amendments to NYSE rules
governing trading in pilot securities (``Pilot

Securities'') pursuant to a pilot program (the ``Pilot'').
    The text of the proposed rule change is available on the Exchange's
Web site (http://www.nyse.com), at the Exchange's Office of the

Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant 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 NYSE HYBRID MARKET SM was proposed in SR-NYSE-2004-
05 and Amendment Nos. 1, 2, 3, 5, 6, 7, and 8 \5\ thereto and approved
on March 22, 2006 \6\ (``Hybrid Market filings'' or ``Hybrid''). The
Hybrid Market filings, as approved, set forth the Exchange's plan to
provide mechanisms for more electronic trading via NYSE Direct+[supreg]
(``Direct+''), while retaining the benefits of the auction market.
Phase 1 of the Hybrid Market is in the process of being implemented
Floor-wide. Other Hybrid Market changes will be implemented in several
phases over the next few months.
---------------------------------------------------------------------------

    \5\ See Securities Exchange Act Release Nos. 50173 (August 10,
2004), 69 FR 50407 (August 16, 2004); 50667 (November 15, 2004), 69
FR 67980 (November 22, 2004); and 51906 (June 22, 2005), 70 FR 37463
(June 29, 2005). The Exchange withdrew Amendment No. 4 and replaced
it with Amendment No. 5. See also Amendment No. 6 filed on September
16, 2005, Amendment No. 7 filed on October 11, 2005, and Amendment
No. 8 filed on March 14, 2006.
    \6\ See Securities Exchange Act Release No. 53539 (March 22,
2006), 71 FR 16353 (March 31, 2006) (``Hybrid Market approval
order'').
---------------------------------------------------------------------------

    As a result of a merger between Lucent Technologies Inc.
(``Lucent'') and Alcatel, announced on or about March 23, 2006, there
has been increased activity in Lucent, a listed security on the
Exchange. Much of this activity has been routed to other market centers
that have automatic execution facilities with no size and frequency
restrictions.\7\ In order to remain competitive with other market
centers in Lucent, the Exchange proposes a Pilot that would implement
immediately certain of the Hybrid Market changes approved but scheduled
for implementation in later phases. In addition, the Exchange proposes
certain amendments, as outlined below, to other approved rules for the
purposes of the Pilot.
---------------------------------------------------------------------------

    \7\ See Exchange Rules 1000 and 1005, as in effect today.
---------------------------------------------------------------------------

    This Pilot would include only Lucent. The Exchange may seek to
include other securities in the Pilot for similar reasons. In the event
the Exchange seeks to do so, the Exchange will amend the Pilot by
filing a proposed rule change with the Commission indicating the
proposed additions and notify its membership of such additions, if
approved.
    The Pilot would commence on May 12, 2006, and would terminate on
October 31, 2006 or earlier, upon notice to the Commission and Exchange
membership. An Information Memo would be issued and posted on the
Exchange's Web site announcing the Pilot.
    Moreover, the Exchange intends to have available at all times
during the Pilot two versions of the operating settings--the new
version that would be operational and the original, pre-Pilot version.
If a problem develops during the Pilot, the Exchange will be able to
revert to the pre-Pilot settings within an average time of two minutes
or less.
    In the event systems or other problems arise with the Pilot that
adversely impact investors or impede the Exchange's ability to maintain
a fair and orderly market, the Exchange will immediately terminate the
Pilot in whole or in part, as appropriate, and return trading to
operations under NYSE rules applicable at the time of such termination.

Rules Applicable to the Pilot

    The following rules are applicable during the Pilot. The Exchange
has designated these rules with a ``P'' in the proposed rule text.\8\
In addition, during the Pilot, all other Exchange rules will apply as
they do to other securities traded on the Exchange.\9\ Furthermore,
functions and rules to be implemented in future phases of Hybrid, as
described in the Hybrid Market filings and approval order, will apply
to the Pilot when implemented in the normal course of business. For
this reason, the Exchange has kept the numbering of these Pilot rules
consistent with and parallel to the Hybrid Market approved rules,
except for the addition of the ``P'' designation. Where the Pilot rules
are different from the Hybrid Market rules, the Pilot rules shall
govern with respect to the Pilot securities.
---------------------------------------------------------------------------

    \8\ The previous Hybrid Market pilot which put into operation
Phase 1 of the Exchange's Hybrid Market initiative also designated
rules with a ``P.'' This pilot terminated upon Commission approval
of the Hybrid Market. Roll out of Phase 1 Floor-wide to all
Exchange-listed securities began March 24, 2006. See also Securities
Exchange Act Release No. 52954 (December 14, 2005), 70 FR 75519
(December 20, 2005); see also Information Memos 05-98 (December 14,
2005) and 06-14 (March 23, 2006).
    \9\ Phase 1 was implemented in Lucent on April 5, 2006.
---------------------------------------------------------------------------

Definition of Auto Ex Order (Rule 13(P))

    In the Hybrid Market filings, the Exchange defined an auto ex order
in Rule 13, in part, as ``a market order designated for automatic
execution or a limit order to buy (sell) priced at or above (below) the
Exchange best offer (bid) at the time such order is routed to the
Display Book.[supreg] '' In addition, the Commission approved the
Exchange's proposal to eliminate the 1,099 share restriction for auto
ex orders. Although the Hybrid Market filings have been approved, this
change has not yet been implemented.
    For purposes of this Pilot, the Exchange proposes to:
    (i) Provide that auto ex orders in Pilot securities may be entered
as market and limit orders in an amount greater than 1,099 shares;
    (ii) Add a maximum order size of 3 million shares for auto ex
orders; \10\ and
---------------------------------------------------------------------------

    \10\ This would allow the Exchange to provide for a phased-in
raising of order size eligibility, up to a maximum of 3,000,000
shares. Each raising of order size eligibility shall be preceded by
advance notice to the Exchange's membership. The Exchange intends to
begin the Pilot with a maximum order size of 1,000,000 shares, which
is the same as NYSE Archipelago's (``Arca'') automatic execution
facility's maximum order size.
---------------------------------------------------------------------------

    (iii) Include that all market orders,\11\ not only those market
orders specifically designated as such, are eligible for automatic
execution.\12\
---------------------------------------------------------------------------

    \11\ In the Hybrid Market filings, market orders need to be
designated auto ex in order to be treated so. The Exchange
recognizes that a separate 19b-4 filing is required in order for
this provision to be applicable beyond the Pilot.
    \12\ See proposed Exchange Rule 13(a)(i)(P) and (a)(P).
---------------------------------------------------------------------------

    The Exchange believes that in the case of highly liquid securities,
such as Lucent, this proposed change will benefit customers entering
market orders, allowing them the opportunity to get a better and faster
execution rather than requiring them to wait for a manual execution by
a specialist.
    Where an incoming auto ex market order that exhausts all liquidity
at the best bid (offer) remains unfilled, the specialist will manually
handle the

remainder of the market order.\13\ Where an auto ex limit order or
residual thereof cannot be immediately executed, it shall be displayed
as a limit order on the Display Book.[supreg] \14\
---------------------------------------------------------------------------

    \13\ See proposed Exchange Rule 1000(d)(v)(A)(P).
    \14\ See proposed Exchange Rule 1000(d)(v)(P).
---------------------------------------------------------------------------

    As stated above, as other parts of Rule 13 amended by the Hybrid
Market filings are implemented in the normal course of business, the
Exchange proposes that they will apply to the Pilot.

Definition of a Market Order--Rule 13(P)

    The Hybrid Market filings provided that ``a market order designated
for automatic execution is an auto ex order and shall be executed in
accordance with, and to the extent provided by, Exchange Rules 1000-
1004.'' For purposes of the Pilot, and as described above, this
definition is proposed to be amended to state that all market orders
are auto ex orders, even if they are not designated for automatic
execution.

NYSE Direct+--Automatic Executions--Rules 1000(P) and 1005.10(P)

    The Exchange proposes to add Rule 1000.10(P) which describes the
unique rules applicable to the Pilot and the Pilot's start and end
dates.
    In the Hybrid Market filings, the Exchange deleted the first three
sentences of Exchange Rule 1000 and added (a) as a paragraph
designation. The Exchange proposes to implement these amendments for
purposes of the Pilot. In addition, the Exchange added language to
reflect that automatic executions may take place with respect to
reserve interest, orders on the Display Book outside the Exchange
published quotation during sweeps and with floor broker agency file
interest and specialist interest. The Exchange is not proposing to
implement this change to Rule 1000 at this time. Accordingly, automatic
executions will continue to be executed against only displayed
interest.\15\
---------------------------------------------------------------------------

    \15\ See proposed Exchange Rule 1000(a)(P).
---------------------------------------------------------------------------

    In addition, the Exchange proposes to implement Exchange Rule
1000(d) to set forth how auto ex market and limit orders would be
handled during the Pilot; auto ex orders would trade with all liquidity
at the best bid (offer). Where there is residual, it shall trade with
available contra-side interest.\16\ In addition, as noted above, where
an incoming auto ex market order that exhausts all liquidity at the
best bid (offer) remains unfilled, the specialist will manually handle
the remainder of the market order.\17\
---------------------------------------------------------------------------

    \16\ See proposed Exchange Rules 1000(d)(i)-(ii)(P).
    \17\ See proposed Exchange Rule 1000(d)(v)(A)(P).
---------------------------------------------------------------------------

    Finally, the Exchange is not seeking to implement as part of the
Pilot at this time the amendments to Hybrid Market Rules 1000(a)(i)-
(vi). The current NYSE Direct+ rules will continue to govern when
automatic executions are not available. As noted above, the approved
amendments to these rules will be implemented in a later phase. Should
the Pilot still be active at the time of their implementation, the
amended Hybrid Market version of these rules will apply to the Pilot,
upon notice to the Exchange membership.
    In the Hybrid Market filings, the Exchange proposed to rescind Rule
1005. This amendment has been approved by the Commission, but has not
yet been implemented. Exchange Rule 1005 provides that ``an auto ex
order for any account in which the same person is directly or
indirectly interested may only be entered at intervals of no less than
30 seconds between entry of each such order in a stock,'' unless
certain conditions are met. The Exchange proposes to implement this
rescission with respect to the Pilot.\18\
---------------------------------------------------------------------------

    \18\ See proposed Exchange Rule 1005.10(P).
---------------------------------------------------------------------------

2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act \19\ in general, and furthers the
objectives of Section 6(b)(5) of the Act \20\ in particular, in that it
is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Exchange believes the proposed
rule change is also designed to support the principles of Section
11A(a)(1) of the Act \21\ in that it seeks to assure economically
efficient execution of securities transactions, make it practicable for
brokers to execute investors' orders in the best market, and provide an
opportunity for investors' orders to be executed without the
participation of a dealer.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b).
    \20\ 15 U.S.C. 78f(b)(5).
    \21\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

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.

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

    The Exchange has neither solicited nor received written comments on
the proposed rule change.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
by its terms, become operative for 30 days from the date on which it
was filed, or such shorter time as the Commission may designate if
consistent with the protection of investors and the public interest, it
has become effective pursuant to Section 19(b)(3)(A) of the Act \22\
and Rule 19b-4(f)(6) thereunder.\23\
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) normally may
not become operative prior to 30 days after the date of filing.
However, Rule 19b-4(f)(6)(iii) \24\ permits the Commission to designate
a shorter time if such action is consistent with the protection of
investors and the public interest. The Exchange has requested that the
Commission waive the 30-day operative delay and designate the proposed
rule change immediately operative upon filing. The Commission believes
that waiver of the 30-day operative delay is consistent with the
protection of investors and the public interest because the Pilot may
enhance competition in this highly liquid security by allowing NYSE to
modify its automatic execution system for this security.\25\
Accordingly, the Commission designates the proposal to be effective and
operative upon filing with the Commission.\26\
---------------------------------------------------------------------------

    \24\ 17 CFR 240.19b-4(f)(6)(iii).
    \25\ The Exchange represented that it would not implement the
specialist algorithmic function in the Pilot until the Exchange
develops guidance to clarify how it expects specialists to comply
with NYSE Rule 104. Telephone conversation between Nancy Reich, Vice
President, NYSE, and Kelly M. Riley, Assistant Director, Division of
Market Regulation, Commission, on May 10, 2006. See also footnote
382 of the Hybrid Market approval order, supra note 6.
    \26\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. 15 U.S.C. 78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission may summarily abrogate such rule change if it
appears to the

Commission that such action is necessary or appropriate in the public
interest, for the protection of investors, or otherwise in furtherance
of the purposes of the Act.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml.
); or     Send an e-mail to<EMAIL_ADDRESS>Please include

File Number SR-NYSE-2006-33 on the subject line.

Paper Comments

     Send paper comments in triplicate to Nancy M. Morris,
Secretary, Securities and Exchange Commission, 100 F Street, NE.,
Washington, DC 20549-1090.
All submissions should refer to File Number SR-NYSE-2006-33. This file
number should be included on the subject line if e-mail 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 inspection and
copying in the Commission's Public Reference Room. Copies of such
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-NYSE-2006-33 and should be submitted on or before June
7, 2006.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Lynn Taylor,
Assistant Secretary.
[FR Doc. E6-7459 Filed 5-16-06; 8:45 am]

BILLING CODE 8010-01-P


DCTM_ ARP. xls Operation Size Region Reg Scenari Direct Indirect Nitrogen PhosphorusBOD lbs lbs lbs lbs lbs Dairy Large 1 Central Option 6 117.072 812.068 1,113 320 1,947 Dairy Large 1 Mid AtlantiOption 6 1803.202 5738.423 8,995 2,585 15,727 Dairy Large 1 Midwest Option 6 2223.218 5872.987 1,115 320 1,950 Dairy Large 1 Pacific Option 6 994.126 7101.366 0 0 0 Dairy Large 1 South Option 6 17441.74 60249.75 0 0 0 Dairy Large 2 Central Option 6 0 0 0 0 0 Dairy Large 2 Mid AtlantiOption 6 0 0 0 0 0 Dairy Large 2 Midwest Option 6 0 0 0 0 0 Dairy Large 2 Pacific Option 6 0 0 0 0 0 Dairy Large 2 South Option 6 0 0 0 0 0 Swine Combined Large 1 Mid AtlantiOption 6 43.703 139.079 1,838 398 2,104 Swine Combined Large 2 Mid AtlantiOption 6 109.961 349.934 2,356 510 2,698 Swine Combined Large 1 Midwest Option 6 47.73 126.086 815 177 933 Swine Combined Large 2 Midwest Option 6 98.768 260.911 1,226 265 1,403 Swine Combined Large 1 Central Option 6 21.865 151.666 86 19 1,473 Swine Combined Large 2 Central Option 6 49.378 342.513 115 25 2,215 Swine Combined Large 1 Pacific Option 6 213.096 1522.212 6 1 1,494 Swine Combined Large 2 Pacific Option 6 512.287 3659.43 9 2 2,247 Swine Combined Large 1 South Option 6 3895.766 13457.31 207 45 147 Swine Combined Large 2 South Option 6 8767.354 30285.45 276 60 196 Swine Turkeyaughter Large 1 Mid AtlantiOption 6 43.703 139.079 1,771 383 2,028 Swine Turkeyaughter Large 2 Mid AtlantiOption 6 109.961 349.934 4,427 958 5,070 Swine Turkeyaughter Large 1 Midwest Option 6 4772.972 12608.57 1,194 258 1,366 Swine Turkeyaughter Large 2 Midwest Option 6 9876.775 26091.08 2,454 531 2,808 Swine Turkeyaughter Large 1 Central Option 6 218.649 1516.659 84 18 2,157 Swine Turkeyaughter Large 2 Central Option 6 493.783 3425.133 112 24 4,433 Swine Turkeyaughter Large 1 Pacific Option 6 2130.958 15222.12 6 1 7 Swine Turkeyaughter Large 2 Pacific Option 6 5122.868 36594.31 8 2 10 Swine Turkeyaughter Large 1 South Option 6 3895.766 13457.31 202 44 231 Swine Turkeyaughter Large 2 South Option 6 8767.354 30285.45 270 58 309 Lagoon Seepage Surface Loads from Production Are DCTM_ ARP. xls Solids Fecal ColifoFecal StrepZn Cu Cd Ni Pb As lbs lbs lbs lbs lbs lbs lbs lbs lbs 7,773 24,510 142,977 6.13 1.53 0.01 0.95 0.00 0.00 62,801 198,021 1,155,121 49.51 12.38 0.08 7.70 0.00 0.00 7,785 24,547 143,193 6.14 1.53 0.01 0.95 0.00 0.00 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 0 0 0 0.00 0.00 0.00 0.00 0.00 0.00 158 39,783 1,171,403 11.05 2.65 0.06 0.18 0.19 1.53 203 51,003 1,501,765 14.17 3.40 0.08 0.23 0.24 1.96 70 17,651 519,716 4.90 1.18 0.03 0.08 0.08 0.68 105 26,542 781,526 7.37 1.77 0.04 0.12 0.12 1.02 111 1,858 54,720 0.52 0.12 0.00 0.01 0.01 0.07 166 2,490 73,317 0.69 0.17 0.00 0.01 0.01 0.10 112 129 3,807 0.04 0.01 0.00 0.00 0.00 0.00 169 186 5,477 0.05 0.01 0.00 0.00 0.00 0.01 11 4,485 132,070 1.25 0.30 0.01 0.02 0.02 0.17 15 5,985 176,234 1.66 0.40 0.01 0.03 0.03 0.23 152 38,348 1,129,142 10.65 2.56 0.06 0.17 0.18 1.47 381 95,847 2,822,169 26.62 6.39 0.14 0.42 0.45 3.68 103 25,845 760,991 7.18 1.72 0.04 0.11 0.12 0.99 211 53,132 1,564,435 14.76 3.54 0.08 0.23 0.25 2.04 162 1,814 53,422 0.50 0.12 0.00 0.01 0.01 0.07 333 2,431 71,578 0.68 0.16 0.00 0.01 0.01 0.09 1 126 3,717 0.04 0.01 0.00 0.00 0.00 0.00 1 182 5,347 0.05 0.01 0.00 0.00 0.00 0.01 17 4,379 128,938 1.22 0.29 0.01 0.02 0.02 0.17 23 5,843 172,055 1.62 0.39 0.01 0.03 0.03 0.22 rea From Table 8 11 BOD 85% TN 30% TP 65% Solids 85% Bacteria 99% Operation Size Region Reg Scenari Direct Indirect Nitrogen PhosphorusBOD lbs lbs lbs lbs lbs Swine Turkeyaughter Large 1 Mid AtlantiOption 6 43.703 139.079 1,240 134 304 Swine Turkeyaughter Large 2 Mid AtlantiOption 6 109.961 349.934 3,099 335 760 Swine Turkeyaughter Large 1 Midwest Option 6 4772.972 12608.57 836 90 205 Swine Turkeyaughter Large 2 Midwest Option 6 9876.775 26091.08 1,718 186 421 Swine Turkeyaughter Large 1 Central Option 6 218.649 1516.659 59 6 323 Swine Turkeyaughter Large 2 Central Option 6 493.783 3425.133 79 9 665 Swine Turkeyaughter Large 1 Pacific Option 6 2130.958 15222.12 4 0 1 Swine Turkeyaughter Large 2 Pacific Option 6 5122.868 36594.31 6 1 1 Swine Turkeyaughter Large 1 South Option 6 3895.766 13457.31 142 15 35 Swine Turkeyaughter Large 2 South Option 6 8767.354 30285.45 189 20 46 Lagoon Seepage Surface Loads from Production Are Solids Fecal ColifoFecal StrepZn Cu Cd Ni Pb As lbs lbs lbs lbs lbs lbs lbs lbs lbs 23 383 11,291 5.33 1.28 0.03 0.08 0.09 0.74 57 958 28,222 13.31 3.19 0.07 0.21 0.22 1.84 15 258 7,610 3.59 0.86 0.02 0.06 0.06 0.50 32 531 15,644 7.38 1.77 0.04 0.12 0.12 1.02 24 18 534 0.25 0.06 0.00 0.00 0.00 0.03 50 24 716 0.34 0.08 0.00 0.01 0.01 0.05 0 1 37 0.02 0.00 0.00 0.00 0.00 0.00 0 2 53 0.03 0.01 0.00 0.00 0.00 0.00 3 44 1,289 0.61 0.15 0.00 0.01 0.01 0.08 3 58 1,721 0.81 0.19 0.00 0.01 0.01 0.11 rea