Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 / Proposed Rules 78599 

section, a trust described in section 

7701(a)(30)(E) is a specified domestic 

entity that is formed or availed of for 

purposes of holding, directly or 

indirectly, specified foreign financial 

assets if and only if the trust— 

(1) Has an interest in specified foreign 

financial assets (other than assets 

excepted from reporting as provided in 

§ 1.6038D–7T) with an aggregate value 

exceeding the reporting threshold in 

§ 1.6038D–2T(a)(1), and 

(2) Has one or more specified persons 

as a current beneficiary. For purposes of 

this paragraph (c)(2), the term current 

beneficiary means, with respect to the 

taxable year, any person who at any 

time during such taxable year is entitled 

to, or at the discretion of any person 

may receive, a distribution from the 

principal or income of the trust 

(determined without regard to any 

power of appointment to the extent that 

such power remains unexercised at the 

end of the taxable year). 

(d) Excepted domestic entities. An 

entity is not considered to be a specified 

domestic entity if the entity is— 

(1) Certain persons described in 

section 1473(3). An entity, except for a 

trust that is exempt from tax under 

section 664(c), that is excepted from the 

definition of the term ‘‘specified United 

States person’’ under section 1473(3) 

and the regulations issued under that 

section; 

(2) Certain domestic trusts. A trust 

described in section 7701(a)(30)(E) 

provided that the trustee of the trust— 

(i) Has supervisory authority over or 

fiduciary obligations with regard to the 

specified foreign financial assets held by 

the trust; 

(ii) Timely files (including any 

applicable extensions) annual returns 

and information returns on behalf of the 

trust; and 

(iii) Is — 

(A) A bank that is examined by the 

Office of the Comptroller of the 

Currency, the Board of Governors of the 

Federal Reserve System, the Federal 

Deposit Insurance Corporation, the 

Office of Thrift Supervision, or the 

National Credit Union Association; 

(B) A financial institution that is 

registered with and regulated or 

examined by the Securities and 

Exchange Commission; or 

(C) A domestic corporation described 

in section 1473(3)(A) or (B), and the 

regulations issued under that section. 

(3) Domestic trusts owned by one or 

more specified persons. A trust 

described in section 7701(a)(30)(E) to 

the extent such trust or any portion 

thereof is treated as owned by one or 

more specified persons under sections 

671 through 679 and the regulations 

issued under those sections. 

(e) Effective/applicability dates. This 

section applies to taxable years 

beginning after December 31, 2011. 

Par. 9. Section 1.6038D–7 is added to 

read as follows: 

§ 1.6038D–7 Exceptions from the reporting 

of certain assets under Section 6038D. 

The text of proposed § 1.6038D–7 is 

the same as the text of paragraphs (a) 

through (d) in § 1.6038D–7T published 

elsewhere in this issue of the Federal 

Register. 

Par. 10. Section 1.6038D–8 is added 

to read as follows: 

§ 1.6038D–8 Penalties for failure to 

disclose. 

The text of proposed § 1.6038D–8 is 

the same as the text of paragraphs (a) 

through (g) in § 1.6038D–8T published 

elsewhere in this issue of the Federal 

Register. 

Steven T. Miller, 

Deputy Commissioner for Services and 

Enforcement. 

[FR Doc. 2011–32254 Filed 12–14–11; 4:15 pm] 

BILLING CODE 4830–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 9 and 122 

[EPA–HQ–OW–2011–0188; FRL–9608–3] 

RIN 2040–AF22 

National Pollutant Discharge 

Elimination System (NPDES) 

Concentrated Animal Feeding 

Operation (CAFO) Reporting Rule; 

Extension of Comment Period 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; extension of 

public comment period. 

SUMMARY: On October 21, 2011 (76 FR 

65431) (FRL–9481–7) EPA published a 

proposed rule entitled, National 

Pollutant Discharge Elimination System 

(NPDES) Concentrated Animal Feeding 

Operation (CAFO) Reporting Rule. As 

initially published in the Federal 

Register, written comments on the 

proposal were to be submitted to EPA 

on or before December 20, 2011 (a 60- 

day public comment period). Since 

publication, EPA has received several 

requests for additional time to submit 

comments. Therefore, the public 

comment period is being extended for 

30 days and will now end on January 

19, 2012. 

DATES: Comments may be submitted 

until January 19, 2012. 

ADDRESSES: 

Comments: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OW–2011–0188, by one of the following 

methods: http://www.regulations.gov: 

Follow the on-line instructions for 

submitting comments. 

Email: ow-docket@epa.gov, Attention 

Docket ID No. EPA–HQ–OW–2011– 

0188. 

Fax: (202) 566–9744. 

Mail: Water Docket, Environmental 

Protection Agency, Mailcode: 28221T, 

Attention Docket ID No. EPA–HQ–OW– 

2011–0188, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. In 

addition, please mail a copy of your 

comments on the information collection 

provisions to the Office of Information 

and Regulatory Affairs, Office of 

Management and Budget (OMB), Attn: 

Desk Officer for EPA, 725 17th St. NW., 

Washington, DC 20503. 

Hand Delivery: EPA Docket Center, 

EPA West, Room 3334, 1301 

Constitution Avenue NW., Washington, 

DC, Attention Docket ID No. EPA–HQ– 

OW–2011–0188. Such deliveries are 

accepted only during the Docket 

Center’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–OW–2011– 

0188. EPA’s policy is that all comments 

received will be included in the public 

docket without change and could 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 that 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 because of 

technical difficulties and cannot contact 

you for clarification, EPA might not be 

able to consider your comment. 

Electronic files should avoid the use of 


emcdonald on DSK5VPTVN1PROD with PROPOSALS
78600 Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 / Proposed Rules 

special characters, any form of 

encryption, and be free of any defects or 

viruses. For additional information 

about EPA’s public docket visit the EPA 

Docket Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

For additional instructions on 

submitting comments, go to the 

SUPPLEMENTARY INFORMATION section of 

this document. 

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 Water Docket, EPA/DC, EPA West, 

Room 3334, 1301 Constitution Ave. 

NW., Washington, DC 20460. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding federal holidays. The 

telephone number for the Public 

Reading Room is (202) 566–1744, and 

the telephone number for the Water 

Docket is (202) 566–2426. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact, Becky 

Mitschele, Water Permits Division, 

Office of Wastewater Management 

(4203M), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460; telephone 

number: (202) 564–6418; fax number 

(202) 564–6384; email address: 

mitschele.becky@epa.gov. 

SUPPLEMENTARY INFORMATION: This 

supplementary information is organized 

as follows: 

I. General Information 

A. Does this action apply to me? 

This proposed rulemaking would 

apply to concentrated animal feeding 

operations (CAFOs) as defined in the 

National Pollutant Discharge 

Elimination System (NPDES) 

regulations at 40 CFR 122.23(b)(2), 

pursuant to section 502(14) of the Clean 

Water Act (‘‘CWA’’). An animal feeding 

operation (AFO) is a CAFO if it meets 

the regulatory definition of a Large or 

Medium CAFO (40 CFR 122.23(b)(4) or 

(6)) or has been designated as a CAFO 

(40 CFR 122.23(c)) by the NPDES 

permitting authority or by EPA. The 

following table provides the size 

thresholds for Large, Medium and Small 

CAFOs in each animal sector. 

TABLE 1—SUMMARY OF CAFO SIZE THRESHOLDS FOR ALL SECTORS

Sector Large Medium 1 Small 2

Cattle or cow/calf pairs .......................................................... 1,000 or more ....................... 300–999 ................................ Less than 300. 

Mature dairy cattle ................................................................. 700 or more .......................... 200–699 ................................ Less than 200. 

Veal calves ............................................................................ 1,000 or more ....................... 300–999 ................................ Less than 300. 

Swine (weighing over 55 pounds) ......................................... 2,500 or more ....................... 750–2,499 ............................. Less than 750. 

Swine (weighing less than 55 pounds) ................................. 10,000 or more ..................... 3,000–9,999 .......................... Less than 3,000. 

Horses ................................................................................... 500 or more .......................... 150–499 ................................ Less than 150. 

Sheep or lambs ..................................................................... 10,000 or more ..................... 3,000–9,999 .......................... Less than 3,000. 

Turkeys .................................................................................. 55,000 or more ..................... 16,500–54,999 ...................... Less than 16,500. 

Laying hens or broilers (liquid manure handling system) ..... 30,000 or more ..................... 9,000–29,999 ........................ Less than 9,000. 

Chickens other than laying hens (other than a liquid manure handling system).125,000 or more ................... 37,500–124,999 .................... Less than 37,500. 

Laying hens (other than a liquid manure handling system) .. 82,000 or more ..................... 25,000–81,999 ...................... Less than 25,000. 

Ducks ( other than a liquid manure handling system) .......... 30,000 or more ..................... 10,000–29,999 ...................... Less than 10,000. 

Ducks (liquid manure handling system) ................................ 5,000 or more ....................... 1,500–4,999 .......................... Less than 1,500. 

Notes: 

1 May be designated or must meet one of the following two criteria to be defined as a medium CAFO: (A) Discharges pollutants through a 

man-made device; or (B) directly discharges pollutants into waters of the United States which pass over, across, or through the facility or otherwise come into direct contact with the confined animals. 40 CFR 122.23(b)(6). 2 Not a CAFO by regulatory definition, but may be designated as a CAFO on a case-by-case basis. 40 CFR 122.23(b)(9). 

That table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this proposed rulemaking. 

The table lists the types of entities that 

EPA is currently aware of that could be 

regulated by this action. Other types of 

entities not listed in the table could also 

be CAFOs. The owners or operators of 

AFOs that have not been designated and 

that do not confine the required number 

of animals to meet the definition of a 

Large or Medium CAFO are not required 

to submit information. 

To determine whether your operation 

is a CAFO, you should carefully 

examine the applicability criteria in 40 

CFR 122.23. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the person 

listed in the preceding FOR FURTHER

INFORMATION CONTACT section. 

B. How can I get copies of these 

documents and other related 

information? 

1. Docket. EPA has established an 

official public docket for this action 

under Docket ID No. EPA–HQ–OW– 

2011–0188. The official public docket is 

the collection of materials that is 

available for public viewing at the Water 

Docket in the EPA Docket Center, (EPA/ 

DC) EPA West, Room 3334, 1301 

Constitution Ave. NW., Washington, DC 

20460. Although all documents in the 

docket are listed in an index, some 

information is not publicly available, 

i.e., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Publicly available docket materials are 

available in hard copy at the EPA 

Docket Center Public Reading Room, 

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 (202) 566–1744 

and the telephone number for the Water 

Docket is (202) 566–2426. 

2. Electronic Access. You may access 

this Federal Register document 

electronically through the United States 

government online source for Federal 

regulations at http:// 

www.regulations.gov. Electronic 

versions of the proposed rule and 

factsheet are available on EPA’s NPDES 

Web site at http://cfpub.epa.gov/npdes/ 

afo/aforule.cfm. An electronic version 

of the public docket is available through 

the EPA’s electronic public docket and 

comment system, EPA Dockets. You 

may use EPA Dockets at http:// 

www.regulations.gov to submit or view 

public comments, access the index 


emcdonald on DSK5VPTVN1PROD with PROPOSALS
Federal Register / Vol. 76, No. 243 / Monday, December 19, 2011 / Proposed Rules 78601 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. For additional 

information about EPA’s public docket, 

visit the EPA Docket Center homepage 

at http://www.epa.gov/dockets. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the Docket 

Facility identified in Section I.B.1. 

C. What should I consider as I prepare 

my comments for EPA? 

1. 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 

might 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. 

• Explain your views as clearly as 

possible. 

• Make sure to submit your 

comments by the comment period 

deadline identified. 

2. Submitting Comments to EPA. 

Direct your comments to Docket ID 

No. EPA–HQ–OW–2011–0188. EPA’s 

policy is that all comments received 

will be included in the public docket 

without change and could be made 

available online at http:// 

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. 

The http://www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means that 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 http://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 because of technical 

difficulties and cannot contact you for 

clarification, EPA might 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. For 

additional information about EPA’s 

public docket, visit the EPA Docket 

Center homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

3. Submitting Confidential Business 

Information. 

Do not submit CBI information to EPA 

through www.regulations.gov or email. 

Clearly mark the part of or all the 

information that you claim to be CBI. 

For CBI information on 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. 

II. Extension of Comment Period for the 

NPDES CAFO Reporting Rule 

A. Proposed NPDES CAFO Reporting 

Rule 

On October 21, EPA published in the 

Federal Register the proposed NPDES 

CAFO Reporting Rule for public 

comment. EPA is requesting public 

comment on the proposed rule options 

for gathering the information identified 

in the proposal and the alternative 

approaches to achieve water quality 

protection. Copies of the proposal are 

available on EPA’s Web site at http:// 

www.epa.gov/npdes/regulations/ 

cafo_fr_proposed_reporting_rule.pdf. 

More information regarding the NPDES 

permitting program for CAFOs can be 

found at http://cfpub.epa.gov/npdes/ 

home.cfm?program_id=7. 

B. Extension of Comment Period 

EPA is extending the deadline for 

submitting comments on the proposed 

NPDES CAFO Reporting Rule to January 

19, 2012. The original deadline for 

comments, based on a 60-day comment 

period, was December 20, 2012. EPA’s 

decision responds to a request from 

several organizations to extend the 

comment deadline in order to provide a 

longer period of time in which to 

provide comments. EPA believes that 

this 30-day extension will assist in 

providing an adequate amount of 

additional time for these organizations 

as well as other members of the public 

to review the proposal and to provide 

written comments. 

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

et seq. 

Dated: December 13, 2011. 

Nancy K. Stoner, 

Acting Assistant Administrator, Office of 

Water. 

[FR Doc. 2011–32472 Filed 12–16–11; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 17 

[Docket No. FWS–R6–ES–2011–0102; 

4500030113] 

Endangered and Threatened Wildlife 

and Plants; 90-Day Finding on a 

Petition To List the Western Glacier 

Stonefly as Endangered With Critical 

Habitat 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of petition finding and 

initiation of status review. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service (Service), announce a 

90-day finding on a petition to list the 

western glacier stonefly (Zapada 

glacier) in Montana as endangered 

under the Endangered Species Act of 

1973, as amended (Act), and to 

designate critical habitat. Based on our 

review, we find that the petition 

presents substantial scientific or 

commercial information indicating that 

listing the western glacier stonefly may 

be warranted. Therefore, with the 

publication of this notice, we are 

initiating a review of the status of the 

species to determine if listing the 

western glacier stonefly is warranted. To 

ensure that this status review is 

comprehensive, we are requesting 

scientific and commercial data and 

other information regarding this species. 

Based on the status review, we will 

issue a 12-month finding on the 

petition, which will address whether 

the petitioned action is warranted, as 

provided in section 4(b)(3)(B) of the Act. 

We will make a determination on 


emcdonald on DSK5VPTVN1PROD with PROPOSALS