[Federal Register Volume 80, Number 53 (Thursday, March 19, 2015)]
[Notices]
[Pages 14428-14429]
[FR Doc No: 2015-06314]

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SECURITIES AND EXCHANGE COMMISSION

Submission for OMB Review; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, Washington, DC 20549-2736.

Extension: Rule 15g-3,
    SEC File No. 270-346, OMB Control No. 3235-0392.

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (''PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
existing collection of information provided for in Rule 15g-3--Broker
or dealer disclosure of quotations and other information relating to
the penny stock market (17 CFR 240.15g-3) under the Securities Exchange
Act of 1934 (15 U.S.C. 78a et seq.).
    Rule 15g-3 requires that brokers and dealers disclose to customers
current quotation prices or similar market information in connection
with transactions in penny stocks. The purpose of the rule is to
increase the level of disclosure to investors concerning penny stocks
generally and specific penny stock transactions.
    The Commission estimates that approximately 221 broker-dealers will
spend an average of 87 hours annually to comply with this rule. Thus,
the total compliance burden is approximately 19,245 burden-hours per
year.
    Rule 15g-3 contains record retention requirements. Compliance with
the rule is mandatory. The required records are available only to the
examination staff of the Commission and the self regulatory
organizations of which the broker-dealer is a member.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following Web site: www.reginfo.gov. Comments should
be directed to: (i) Desk Officer for the Securities and Exchange
Commission, Office of Information and Regulatory Affairs, Office of
Management and Budget, Room 10102, New Executive Office Building,
Washington, DC 20503 or by sending an email to:
<EMAIL_ADDRESS>and (ii) Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, c/o Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549 or by sending an
email to<EMAIL_ADDRESS>Comments must be submitted to OMB within
30 days of this notice.

    Dated: March 13, 2015.
Brent J. Fields,
Secretary.
[FR Doc. 2015-06314 Filed 3-18-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Notices]
[Pages 17711-17712]
[FR Doc No: 2017-07309]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-80393; File No. SR-BX-2017-018]

Self-Regulatory Organizations; NASDAQ BX, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To Extend the
Implementation Date of Its Functionality Relating to Orders With
Midpoint Pegging

April 6, 2017.
    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 March 31, 2017, NASDAQ BX, Inc. (``BX'' or ``Exchange'') filed with
the Securities and Exchange Commission (``SEC'' or ``Commission'') the
proposed rule change as described in Items I and II 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 extend the implementation date of its
functionality relating to Orders with Midpoint Pegging.
    There is no rule text for this proposed rule change.

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
    BX is filing this proposal to extend the implementation date of its
functionality relating to Orders with Midpoint Pegging. The
functionality relating to Orders with Midpoint Pegging was approved by
the SEC on November 10, 2016.\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 79290 (November 10,
2016), 81 FR 81184 (November 17, 2016) (SR-BX-2016-046).
---------------------------------------------------------------------------

    BX proposed to amend Rule 4703 (Order Attributes) to change Orders
with Midpoint Pegging so that, if the Inside Bid and Inside Offer are
crossed, any existing Order with Midpoint Pegging would be cancelled
and any new Order with Midpoint Pegging would be rejected.\4\
---------------------------------------------------------------------------

    \4\ See Securities Exchange Act Release No. 79290 (November 10,
2016), 81 FR 81184 (November 17, 2016) (SR-BX-2016-046).
---------------------------------------------------------------------------

    BX initially proposed to implement the new Midpoint Pegging
functionality on November 21, 2016.\5\ However, BX decided to delay the
implementation of this new functionality to provide additional time for
systems testing to no later than March 31, 2017.\6\
---------------------------------------------------------------------------

    \5\ See Equity Trader Alert #2016-291.
    \6\ See Securities Exchange Act Release No. 80046 (February 15,
2017), 82 FR 11385 (February 22, 2017) (SR-BX-2017-008).
---------------------------------------------------------------------------

    BX has now determined to delay the implementation of the
functionality relating to Orders with Midpoint Pegging to no later than
May 31, 2017 to allow additional time for systems testing. BX will
announce the new implementation date by an Equity Trader Alert, which
shall be issued prior to the implementation date.
2. Statutory Basis
    The Exchange believes that its proposal is consistent with Section
6(b) of the Act,\7\ in general, and furthers the objectives of Section
6(b)(5) of the Act,\8\ 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 purpose of this proposal is to inform the SEC and market
participants of the new implementation date for the Midpoint Pegging
functionality. This functionality was previously proposed in a rule
filing that was submitted to the SEC, and this proposal does not change
the substance of this functionality. BX is delaying the implementation
date of this functionality to provide for further systems testing prior
to implementing this functionality.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78f(b).
    \8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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. As noted above, the purpose of
this proposal is to extend the implementation date for the Midpoint
Pegging functionality so that BX may perform additional systems testing
prior to implementing this functionality.

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

    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 and Rule 19b-
4(f)(6) thereunder.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with written
notice of its intent to file the proposed rule change, along with a
brief description and the 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.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \11\ 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 so that
the proposal may become operative immediately upon filing. The Exchange
previously announced that it would implement the functionality relating
to Orders with Midpoint Pegging no later than March

31, 2017.\12\ The Exchange now proposes to delay the implementation
date to no later than May 31, 2017. Waiver of the 30-day operative
delay would allow the Exchange to immediately extend the implementation
date and provide additional time for systems testing. The Commission
believes that waiving the 30-day operative delay is consistent with the
protection of investors and the public interest. Therefore, the
Commission hereby waives the 30-day operative delay and designates the
proposal operative upon filing.\13\
---------------------------------------------------------------------------

    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ See supra note 6.
    \13\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. 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-BX-2017-018 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-BX-2017-018. 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-BX-2017-018 and should be
submitted on or before May 3, 2017.
---------------------------------------------------------------------------

    \14\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-07309 Filed 4-11-17; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: June 11, 2010 (Volume 75, Number 112)]
[Notices]
[Page 33299]
[DOCID:fr11jn10-62]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. RP10-690-002]

Guardian Pipeline, L.L.C.; Notice of Revised Filing

June 4, 2010.
    Take notice that on May 14, 2010, Guardian Pipeline, L.L.C.
submitted a revised filing to its filing made on May 14, 2010, in the
above referenced proceeding.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    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 St., NE., Washington, DC 20426.
    The filings in the above proceedings 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 docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.
    Comments: 5 p.m. Eastern Time on Tuesday, June 8, 2010.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010-14086 Filed 6-10-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 85, Number 82 (Tuesday, April 28, 2020)]
[Notices]
[Page 23518]
[FR Doc No: 2020-08988]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP19-343-007.
    Applicants: Texas Eastern Transmission, LP.
    Description: Compliance filing RP19-343 TETLP Settlement Compliance
Filing to be effective 6/1/2019.
    Filed Date: 4/21/20.
    Accession Number: 20200421-5082.
    Comments Due: 5 p.m. ET 5/4/20.

    Docket Numbers: RP20-796-000.
    Applicants: Transcontinental Gas Pipe Line Company, LLC.
    Description: Sec.  4(d) Rate Filing: SS-2 Inventory Adjustment
(2020) to be effective 5/1/2020.
    Filed Date: 4/21/20.
    Accession Number: 20200421-5005.
    Comments Due: 5 p.m. ET 5/4/20.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified date(s). Protests may be considered,
but intervention is necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: April 22, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2020-08988 Filed 4-27-20; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register: August 12, 2010 (Volume 75, Number 155)]
[Rules and Regulations]
[Page 48860]
[DOCID:fr12au10-3]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2008-0871; FRL-9187-9]

Approval and Promulgation of Air Quality Implementation Plans;
Maryland; Transportation Conformity Regulations; Withdrawal of Direct
Final Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Withdrawal of direct final rule.

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SUMMARY: On June 18, 2010 (75 FR 34644), EPA published a direct final
rule to approve revisions to the Maryland State Implementation Plan
(SIP). The revisions amended Maryland's transportation conformity
regulations and general conformity regulations. EPA's approval did not
include Maryland's regulation regarding conflict resolution associated
with conformity determinations (COMAR <IP_ADDRESS>). EPA has determined
that it cannot proceed with approval of these SIP revisions until and
unless it also approves Maryland's regulation regarding conflict
resolution associated with conformity determinations. Therefore, EPA is
withdrawing its direct final rule approving Maryland's conformity
regulations. This withdrawal action is being taken under section 110 of
the Clean Air Act.

DATES: The direct final rule published at 75 FR 34644 on June 18, 2010,
is withdrawn as of August 12, 2010.

ADDRESSES: EPA has established docket number EPA-R03-OAR-2008-0871 for
this action. The index to the docket is available electronically at
http://www.regulations.gov and in hard copy at Air Protection Division,
U.S. Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103.

FOR FURTHER INFORMATION CONTACT: Martin Kotsch,<PHONE_NUMBER>, or by
e-mail at<EMAIL_ADDRESS>
List of Subjects in 40 CFR Part 52

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

    Dated: August 2, 2010.
W.C. Early,
Acting Regional Administrator, Region III.

0
Accordingly, the amendment to the table in 40 CFR 52.1070(c), published
June 18, 2010 (75 FR 34646), is withdrawn as of August 12, 2010.

[FR Doc. 2010-19812 Filed 8-11-10; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 84, Number 248 (Friday, December 27, 2019)]
[Notices]
[Pages 71444-71446]
[FR Doc No: 2019-27960]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Docket ID FEMA-2019-0002; Internal Agency Docket No. FEMA-B-1979]

Proposed Flood Hazard Determinations

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: Comments are requested on proposed flood hazard
determinations, which may include additions or modifications of any
Base Flood Elevation (BFE), base flood depth, Special Flood Hazard Area
(SFHA) boundary or zone designation, or regulatory floodway on the
Flood Insurance Rate Maps (FIRMs), and where applicable, in the
supporting Flood Insurance Study (FIS) reports for the communities
listed in the table below. The purpose of this notice is to seek
general information and comment regarding the preliminary FIRM, and
where applicable, the FIS report that the Federal Emergency Management
Agency (FEMA) has provided to the affected communities. The FIRM and
FIS report are the basis of the floodplain management measures that the
community is required either to adopt or to show evidence of having in
effect in order to qualify or remain qualified for participation in the
National Flood Insurance Program (NFIP). In addition, the FIRM and FIS
report, once effective, will be used by insurance agents and others to
calculate appropriate flood insurance premium rates for new buildings
and the contents of those buildings.

DATES: Comments are to be submitted on or before March 26, 2020.

ADDRESSES: The Preliminary FIRM, and where applicable, the FIS report
for each community are available for inspection at both the online
location

https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables below.
Additionally, the current effective FIRM and FIS report for each
community are accessible online through the FEMA Map Service Center at
https://msc.fema.gov for comparison.
    You may submit comments, identified by Docket No. FEMA-B-1979, to
Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance
and Mitigation Administration, FEMA, 400 C Street SW, Washington, DC
20472,<PHONE_NUMBER>, or (email<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Rick Sacbibit, Chief, Engineering
Services Branch, Federal Insurance and Mitigation Administration, FEMA,
400 C Street SW, Washington, DC 20472,<PHONE_NUMBER>, or (email)
<EMAIL_ADDRESS>or visit the FEMA Map Information
eXchange (FMIX) online at https://www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION: FEMA proposes to make flood hazard
determinations for each community listed below, in accordance with
section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C.
4104, and 44 CFR 67.4(a).
    These proposed flood hazard determinations, together with the
floodplain management criteria required by 44 CFR 60.3, are the minimum
that are required. They should not be construed to mean that the
community must change any existing ordinances that are more stringent
in their floodplain management requirements. The community may at any
time enact stricter requirements of its own or pursuant to policies
established by other Federal, State, or regional entities. These flood
hazard determinations are used to meet the floodplain management
requirements of the NFIP and are used to calculate the appropriate
flood insurance premium rates for new buildings built after the FIRM
and FIS report become effective.
    The communities affected by the flood hazard determinations are
provided in the tables below. Any request for reconsideration of the
revised flood hazard information shown on the Preliminary FIRM and FIS
report that satisfies the data requirements outlined in 44 CFR 67.6(b)
is considered an appeal. Comments unrelated to the flood hazard
determinations also will be considered before the FIRM and FIS report
become effective.
    Use of a Scientific Resolution Panel (SRP) is available to
communities in support of the appeal resolution process. SRPs are
independent panels of experts in hydrology, hydraulics, and other
pertinent sciences established to review conflicting scientific and
technical data and provide recommendations for resolution. Use of the
SRP only may be exercised after FEMA and local communities have been
engaged in a collaborative consultation process for at least 60 days
without a mutually acceptable resolution of an appeal. Additional
information regarding the SRP process can be found online at https://www.floodsrp.org/pdfs/srp_overview.pdf.
    The watersheds and/or communities affected are listed in the tables
below. The Preliminary FIRM, and where applicable, FIS report for each
community are available for inspection at both the online location
https://www.fema.gov/preliminaryfloodhazarddata and the respective
Community Map Repository address listed in the tables. For communities
with multiple ongoing Preliminary studies, the studies can be
identified by the unique project number and Preliminary FIRM date
listed in the tables. Additionally, the current effective FIRM and FIS
report for each community are accessible online through the FEMA Map
Service Center at https://msc.fema.gov for comparison.

(Catalog of Federal Domestic Assistance No. 97.022, ``Flood
Insurance.'')

Michael M. Grimm,
Assistant Administrator for Risk Management, Department of Homeland
Security, Federal Emergency Management Agency.

------------------------------------------------------------------------
                                             Community map repository
               Community                             address
------------------------------------------------------------------------
                Linn County, Iowa and Incorporated Areas
          Project: 17-07-0295S Preliminary Date: April 16, 2019
------------------------------------------------------------------------
City of Alburnett......................  City Hall, 102 East 1st Street,
                                          Alburnett, IA 52202.
City of Bertram........................  City Hall, 50 Angle Street,
                                          Bertram, IA 52403.
City of Cedar Rapids...................  City Hall, 101 1st Street
                                          Southeast, Cedar Rapids, IA
                                          52401.
City of Center Point...................  City Hall, 200 Franklin Street,
                                          Center Point, IA 52213.
City of Central City...................  City Hall, 137 4th Street
                                          North, Central City, IA 52214.
City of Coggon.........................  City Hall, 118 East Main
                                          Street, Coggon, IA 52218.
City of Ely............................  City Hall, 1570 Rowley Street,
                                          Ely, IA 52227.
City of Fairfax........................  City Hall, 300 80th Street
                                          Court, Fairfax, IA 52228.
City of Hiawatha.......................  City Hall, 101 Emmons Street,
                                          Hiawatha, IA 52233.
City of Lisbon.........................  City Clerk Office, 115 North
                                          Washington Street, Lisbon, IA
                                          52253.
City of Marion.........................  City Hall, 1225 6th Avenue,
                                          Suite 200, Marion, IA 52302.
City of Mount Vernon...................  City Hall, 213 1st Street
                                          Northwest, Mount Vernon, IA
                                          52314.
City of Palo...........................  City Hall, 2800 Hollenbeck
                                          Road, Palo, IA 52324.
City of Robins.........................  City Hall, 265 South 2nd
                                          Street, Robins, IA 52328.
City of Springville....................  City Hall, 304 Broadway,
                                          Springville, IA 52336.
City of Walford........................  City Hall, 120 5th Street
                                          North, Walford, IA 52351.
City of Walker.........................  City Hall, 204 Greene Street,
                                          Walker, IA 52352.
Unincorporated Areas of Linn County....  Linn County Planning &
                                          Development Department, 935
                                          2nd Street Southwest, Cedar
                                          Rapids, IA 52404.
------------------------------------------------------------------------
             Howell County, Missouri and Incorporated Areas
Project: 16-07-1463S Preliminary Dates: December 12, 2016 and August 30,
                                  2019
------------------------------------------------------------------------
Unincorporated Areas of Howell County..  Howell County Office Building,
                                          35 Court Square, Room 302,
                                          West Plains, MO 65775.

               Grant County, Oregon and Incorporated Areas
           Project: 11-10-0409S Preliminary Date: May 31, 2019
------------------------------------------------------------------------
City of Seneca.........................  City Hall, 106 A Avenue,
                                          Seneca, OR 97873.
Unincorporated Areas of Grant County...  Grant County Planning
                                          Department, 201 South Humboldt
                                          Street, Suite 170, Canyon
                                          City, OR 97820.
------------------------------------------------------------------------

[FR Doc. 2019-27960 Filed 12-26-19; 8:45 am]
BILLING CODE 9110-12-P


[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Pages 30963-30966]
[FR Doc No: 2022-10698]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-D-0277]

Risk Management Plans To Mitigate the Potential for Drug
Shortages; Draft Guidance for Industry; Availability; Agency
Information Collection Activities; Proposed Collection; Comment Request

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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

SUMMARY: The Food and Drug Administration (FDA or we) is announcing the
availability of a draft guidance for industry entitled ``Risk
Management Plans to Mitigate the Potential for Drug Shortages.'' This
draft guidance is intended to help stakeholders develop, maintain, and
implement, as appropriate, risk management plans (RMPs) to proactively
assist in the prevention of human drug product and biological product
shortages. In March 2020, with the enactment of the Coronavirus Aid,
Relief, and Economic Security Act (CARES Act), the Federal Food, Drug,
and Cosmetic Act (FD&C Act) was amended to require certain
manufacturers to develop, maintain, and implement, as appropriate, a
``redundancy risk management plan.'' This draft guidance provides
information about the development and content of RMPs for those
manufacturers as well as for other stakeholders. This draft guidance
recommends a framework and factors to consider that stakeholders can
use to develop RMPs. This draft guidance is relevant for all
stakeholders, including those with oversight and control
responsibilities for drug quality and contract establishments, and for
manufacturers of active pharmaceutical ingredients (APIs), approved or
licensed drug and biological products, and drug products marketed
without an application.

DATES: Submit either electronic or written comments on the draft
guidance by July 19, 2022 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance. Submit electronic or written comments on the
proposed collection of information in the draft guidance by July 19,
2022.

ADDRESSES: You may submit comments on any guidance at any time as
follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to https://www.regulations.gov
will be posted to the docket unchanged. Because your comment will be
made public, you are solely responsible for ensuring that your comment
does not include any confidential information that you or a third party
may not wish to be posted, such as medical information, your or anyone
else's Social Security number, or confidential business information,
such as a manufacturing process. Please note that if you include your
name, contact information, or other information that identifies you in
the body of your comments, that information will be posted on https://www.regulations.gov.
     If you want to submit a comment with confidential
information that you do not wish to be made available to the public,
submit the comment as a written/paper submission and in the manner
detailed (see ``Written/Paper Submissions'' and ``Instructions'').

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand Delivery/Courier (for written/paper
submissions): Dockets Management Staff (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Dockets
Management Staff, FDA will post your comment, as well as any
attachments, except for information submitted, marked and identified,
as confidential, if submitted as detailed in ``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2022-D-0277 for ``Risk Management Plans to Mitigate the Potential
for Drug Shortages.'' Received comments will be placed in the docket
and, except for those submitted as ``Confidential Submissions,''
publicly viewable at https://www.regulations.gov or at the Dockets
Management Staff between 9 a.m. and 4 p.m., Monday through Friday, 240-
402-7500.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Dockets Management Staff. If you do not wish
your name and contact information to be made publicly available, you
can provide this information on the cover sheet and not in the body of
your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.govinfo.gov/content/pkg/FR-2015-09-18/pdf/2015-23389.pdf.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852,<PHONE_NUMBER>.
    You may submit comments on any guidance at any time (see 21 CFR
10.115(g)(5)).
    Submit written requests for single copies of this draft guidance to
the Division of Drug Information, Center for Drug Evaluation and
Research, Food and Drug Administration, 10001 New Hampshire Ave.,
Hillandale Building, 4th Floor, Silver Spring, MD 20993-0002; or Office
of Communication, Outreach, and Development, Center for Biologics
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 71, Rm. 3128, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your request or include a Fax number to which the draft guidance may be
sent. See the SUPPLEMENTARY INFORMATION section for information on
electronic access to the draft guidance.

FOR FURTHER INFORMATION CONTACT:
    With regard to the draft guidance: Karen Takahashi, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 6686, Silver Spring, MD 20993-0002, 301-
796-3191; or Stephen Ripley, Center for Biologics Evaluation and
Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg.
71, Rm. 7301, Silver Spring, MD 20993-0002,<PHONE_NUMBER>.
    With regard to the proposed collection of information: Domini Bean,
Office of Operations, Food and Drug Administration, Three White Flint
North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-
5733, [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Risk Management Plans to Mitigate the Potential for Drug
Shortages.'' This draft guidance is intended to help stakeholders \1\
develop, maintain, and implement, as appropriate, RMPs to proactively
assist in the prevention of human drug product and biological product
shortages. In March 2020, with the enactment of the CARES Act (Pub. L.
116-136), Congress added section 506C(j) to the FD&C Act, which
requires certain manufacturers to develop, maintain, and implement, as
appropriate, a ``redundancy risk management plan that identifies and
evaluates risks to the supply of the drug, as applicable, for each
establishment in which such drug or active pharmaceutical ingredient of
such drug is manufactured.'' Section 506C(j) of the FD&C Act became
effective September 23, 2020. This guidance provides information about
the development and

content of RMPs for those manufacturers as well as for other
stakeholders.
---------------------------------------------------------------------------

    \1\ For the purposes of this guidance, the term stakeholder
includes each manufacturer of a drug described in section 506C(a) of
the FD&C Act (21 U.S.C. 356c(a)) or of any API included in such
drugs. (See generally section 506C(j) of the FD&C Act.) The term
stakeholder also broadly includes any person or entity who has
oversight and control over the manufacture of drugs to ensure
quality or owns or operates an establishment (as defined in 21 CFR
207.1 and 600.3) that manufactures a drug or biological product.
Examples of stakeholders include contract facilities as referenced
in 21 CFR 200.10(b); applicants with an approved new drug
application, abbreviated new drug application, or an approved
biologics license application; manufacturers of drug products
marketed without an approved application; manufacturers of
components, including APIs, intended for use in the manufacture of
drug products; and manufacturers of drug-led, drug-device or
biologic-led, biologic-device combination products (as defined in 21
CFR 3.2(e)) regulated by the Center for Drug Evaluation and Research
or the Center for Biologics Evaluation and Research. This guidance
references specific stakeholders individually where appropriate
(e.g., if a specific section of the guidance is relevant to specific
stakeholders only); otherwise, recommendations that refer to the
manufacture of drugs are generally relevant to all stakeholders with
the roles described above with respect to human drug and biological
products.
---------------------------------------------------------------------------

    Drug shortages pose a significant public health threat that can
delay, and in some cases even deny, critically needed care for
patients. FDA views RMPs as an important mechanism for stakeholders to
proactively identify, assess, and mitigate the risks that might lead to
a disruption in the supply of drug products, thus preemptively reducing
the probability of a drug shortage, and preserving the private and
public resources used in resolving the shortage.
    Based on recent publications and reports, the majority of drug
shortages are associated with quality issues. This guidance proposes a
framework stakeholders can use to develop RMPs that aligns with
principles stated in the International Council for Harmonisation
guidance for industry entitled ``Q9 Quality Risk Management''
(available at https://www.fda.gov/media/71543/download). In addition,
FDA also recommends several factors to consider when developing the
content of the RMPs. This guidance is relevant for all stakeholders,
including those with oversight and control responsibilities for drug
quality and contract establishments, and for manufacturers of APIs,
approved or licensed drug and biological products, and drug products
marketed without an application.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the current thinking of FDA on ``Risk
Management Plans to Mitigate the Potential for Drug Shortages.'' It
does not establish any rights for any person and is not binding on FDA
or the public. You can use an alternative approach if it satisfies the
requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-
3521), Federal Agencies must obtain approval from the Office of
Management and Budget (OMB) for each collection of information they
conduct or sponsor. ``Collection of information'' is defined in 44
U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or
requirements that members of the public submit reports, keep records,
or provide information to a third party. Section 3506(c)(2)(A) of the
PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a
60-day notice in the Federal Register concerning each proposed
collection of information before submitting the collection to OMB for
approval. To comply with this requirement, FDA is publishing notice of
the proposed collection of information set forth in this document.
    With respect to the following collection of information, we invite
comments on these topics: (1) Whether the proposed collection of
information is necessary for the proper performance of FDA's functions,
including whether the information will have practical utility; (2) the
accuracy of FDA's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (3) ways to enhance the quality, utility, and clarity of the
information to be collected; and (4) ways to minimize the burden of the
collection of information on respondents, including through the use of
automated collection techniques, when appropriate, and other forms of
information technology.

Discontinuance or Interruption in the Production of Life-Saving Drugs

OMB Control Number 0910-0045--Revision

    This information collection helps support implementation of
requirements under section 506C(j) of the FD&C Act. Section 506C(j) of
the FD&C Act requires manufacturers of drug products described in
section 506C(a) of the FD&C Act or of any active pharmaceutical
ingredient or any associated medical devices used for preparation or
administration included in the drug to develop, maintain, and
implement, as appropriate, a redundancy RMP that identifies and
evaluates risks to the supply of the drug, as applicable, for each
establishment in which such drug or active pharmaceutical ingredient of
such drug is manufactured.
    For purposes of this analysis, respondents are those identified in
the draft guidance, section III.A., Stakeholders in the Manufacturing
Supply Chain. A primary stakeholders is generally the entity that
determines which materials and services are necessary to produce a drug
product. Secondary stakeholders are entities that are expected to have
more detailed insight into specific segments of the supply chain for a
drug product but may not have an understanding of its entirety.
Finally, other stakeholders, such as inactive ingredient manufacturers,
packagers, and distributors, are involved in other segments of the
supply chain. In the draft guidance, section IV., RMP Framework and
Development Strategy, we discuss specific recommendations regarding the
RMP.
    We estimate the burden of this collection of information as
follows:

                                                   Table 1--Estimated Annual Recordkeeping Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Number of
    Section 506C(j) of the FD&C Act;        Number of      records per    Total records       Average burden per  recordkeeping \2\         Total hours
         recordkeeping activity           recordkeepers   recordkeeper
--------------------------------------------------------------------------------------------------------------------------------------------------------
Developing an RMP; Guidance for                   2,600               1           2,600  29.32 (range 25 to 250)........................          76,250
 Industry section IV.B.
Updating an RMP........................           5,200               1           5,200  2.93 (range 2.5 to 25).........................          15,250
                                        ----------------------------------------------------------------------------------------------------------------
    Total..............................  ..............  ..............  ..............  ...............................................          91,500
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this information collection.
\2\ Figure has been rounded.

    We assume a total of 2,600 respondents will incur an initial burden
associated with developing an RMP based on recommendations described in
the draft guidance. This figure is comprised of 50 primary
stakeholders; 1,125 secondary stakeholders; and 1,425 other
stakeholders, and represents half the total number of respondents we
identify for each of the three respective categories.
    For burden associated with updating an RMP, we include all
respondents in the respective three categories, for a total of 5,200.
    We believe the overall burden for collecting information and
preparing

RMPs depends on the stakeholder type (primary, secondary, or other
stakeholder) and its operation.
    We anticipate that stakeholders will be able to leverage
information across products, but we understand that the actual burden
for a given stakeholder will depend on the portfolio of covered
products and the complexity of their operations. Our estimate reflects
what we believe is the average burden among all respondents.
    This draft guidance also refers to previously approved FDA
collections of information found in FDA regulations. The collections of
information found in 21 CFR 310.306, 314.81(b)(3)(iii), and 600.82 on
notifying FDA of a permanent discontinuance or an interruption in
manufacturing of certain drugs or biological products, and 21 CFR part
314 new drug and abbreviated new drug applications, and 21 CFR part 600
biologics license applications have been approved under OMB control
numbers 0910-0001 and 0910-0338, respectively; the collections of
information in 21 CFR parts 210 and 211 on current good manufacturing
practice have been approved under OMB control number 0910-0139.

III. Electronic Access

    Persons with access to the internet may obtain an electronic
version of the draft guidance at https://www.fda.gov/drugs/guidance-compliance-regulatory-information/guidances-drugs, https://www.fda.gov/vaccines-blood-biologics/guidance-compliance-regulatory-information-biologics, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov.

    Dated: May 13, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-10698 Filed 5-19-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register: July 13, 2010 (Volume 75, Number 133)]
[Notices]
[Page 39959]
[DOCID:fr13jy10-95]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-1874-DR; Docket ID FEMA-2010-0002]

Virginia; Amendment No. 5 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

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

SUMMARY: This notice amends the notice of a major disaster declaration
for the Commonwealth of Virginia (FEMA-1874-DR), dated February 16,
2010, and related determinations.

DATES: Effective Date: July 7, 2010.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Recovery Directorate,
Federal Emergency Management Agency, 500 C Street, SW., Washington, DC
20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the Commonwealth of Virginia is hereby amended to include the
following area among those areas determined to have been adversely
affected by the event declared a major disaster by the President in his
declaration of February 16, 2010.
    The Independent City of Buena Vista 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.

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2010-17033 Filed 7-12-10; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 144 (Wednesday, July 27, 2011)]
[Notices]
[Pages 44901-44902]
[FR Doc No: 2011-18908]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. PR11-118-000]

Kansas Gas Service, a Division of ONEOK, Inc.; Notice of Petition
for Rate Approval

    Take notice that on July 11, 2011, Kansas Gas Service, a division
of ONEOK, Inc. (KGS) filed, pursuant to section 284.123(b) of the
Commission's regulations, a petition for rate approval

requesting that the Commission approve as fair and equitable a rate of
$1.1462 per Mcf for interruptible transportation service performed
pursuant to a limited jurisdictional blanket certificate issued under
Section 284.224 of the Commission's regulations. KGS also submitted a
baseline filing of its Statement of Operating Conditions.
    Any person desiring to participate in this rate filing must file in
accordance with Rules 211 and 214 of the Commission's Rules of Practice
and Procedure (18 CFR 385.211 and 385.214). Protests will be considered
by the Commission in determining the appropriate action to be taken,
but will not serve to make protestants parties to the proceeding. Any
person wishing to become a party must file a notice of intervention or
motion to intervene, as appropriate. Such notices, motions, or protests
must be filed on or before the date as indicated below. Anyone filing
an intervention or protest must serve a copy of that document on the
Applicant. Anyone filing an intervention or protest on or before the
intervention or protest date need not serve motions to intervene or
protests on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the ``eFiling'' link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 7 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street, NE., Washington, DC
20426.
    This filing is accessible online at http://www.ferc.gov, using the
``eLibrary'' link and is 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 docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time on Monday, July 25, 2011.

    Dated: July 13, 2011.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011-18908 Filed 7-26-11; 8:45 am]
BILLING CODE 6717-01-P


Amendment to State Implementation Plan for the Removal of the Clean Fuel Fleet Program: Submitted January 2015

Note: The Letter and the Attachments are available
  from the links below.

Amendment to State Implementation Plan for the Removal of the Clean Fuel Fleet Program

Attachments

Attachment A: Supporting Documentation for 110(l) and 193 Demonstration
Georgia Chapter 391-1-22, Georgia’s Clean Fueled Fleet Rules

Attachment B: July 2, 2004, Leila H. Cook Memo: Clean Fuel Fleet Program

Attachment B: July 21, 2005, Memo to Manufacturers: Clean Fuel Vehicle Standards

Attachment B: April 17, 2006, Leila H. Cook Memo to Air Directors: Clean Fuel Fleet Program Requirements

Attachment C: Clean Fuel Fleet Rule Package, Rule

Attachment C: Clean Fuel Fleet Rule Package, Synopsis & Rationale


[Federal Register: October 18, 2010 (Volume 75, Number 200)]
[Notices]
[Page 63874-63876]
[DOCID:fr18oc10-114]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63076; File No. SR-NYSEArca-2010-79]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of a Proposed Rule Change To List and Trade Shares of Cambria
Global Tactical ETF

October 12, 2010.

I. Introduction

    On August 23, 2010, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares (``Shares'') of the Cambria Global Tactical ETF
(``Fund'') under NYSE Arca Equities Rule 8.600. The proposed rule
change was published for comment in the

Federal Register on September 8, 2010.\3\ The Commission received no
comments on the proposal. This order grants approval of the proposed
rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 62788 (August 30,
2010), 75 FR 54676 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade Shares of the Fund under
NYSE Arca Equities Rule 8.600, which governs the listing of Managed
Fund Shares.\4\ The Shares will be offered by AdvisorShares Trust
(``Trust''), a statutory trust organized under the laws of the State of
Delaware and registered with the Commission as an open-end management
investment company.\5\ The investment advisor to the Fund is
AdvisorShares Investments, LLC (``Advisor''), and the day-to-day
portfolio management of the Fund is provided by the sub-advisor to the
Fund, Cambria Investment Management, Inc. (``Sub-Advisor'').\6\ The
Exchange represents that the Shares will conform to the initial and
continued listing criteria under NYSE Arca Equities Rule 8.600 and that
the Fund will be in compliance with Rule 10A-3 under the Act,\7\ as
provided by NYSE Arca Equities Rule 5.3.
---------------------------------------------------------------------------

    \4\ See NYSE Arca Equities Rule 8.600.
    \5\ The Trust is registered under the Investment Company Act of
1940. On June 30, 2010, the Trust filed with the Commission a
registration statement on Form N-1A (File Nos. 333-157876 and 811-
22110) (``Registration Statement'').
    \6\ The Exchange represents that neither the Advisor nor the
Sub-Advisor is affiliated with a broker-dealer. See Commentary .06
to NYSE Arca Equities Rule 8.600.
    \7\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    The Fund is a ``fund of funds,'' which means that the Fund seeks to
invest primarily in other exchange-traded funds listed and traded in
the United States (``Underlying ETFs'') and certain other exchange-
traded products including, but not limited to, exchange-traded notes,
exchange-traded currency trusts and closed-end funds. The Fund seeks to
achieve its investment objective of preserving and growing capital from
investments in the U.S. and foreign equity, fixed income, commodity and
currency markets, independent of market direction, by producing
absolute returns with reduced volatility and manageable risk and
drawdowns. The Sub-Advisor will utilize a proprietary quantitative
trend-following approach to actively manage the Fund's portfolio. No
effort is made by the Sub-Advisor to forecast future market trends or
direction; rather, the Fund seeks to capture profits in these trends
when and where they develop. The strategy is diversified across markets
and timeframes with strict risk control methods that are rules-based
and systematic. Except for Underlying ETFs that may hold non-U.S.
issues, the Fund will not otherwise invest in non-U.S. issues.
    Additional information regarding the Fund, the Shares, the Fund's
investment objective, strategies, methodology, and restrictions, the
Advisor and Sub-Advisor, risks, fees and expenses, creations and
redemptions of Shares, availability of information, trading rules and
halts, and surveillance procedures, among other things, can be found in
the Registration Statement and in the Notice, as applicable.\8\
---------------------------------------------------------------------------

    \8\ See supra notes 3 and 5.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares is consistent with the Act and
the rules and regulations thereunder applicable to a national
securities exchange.\9\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\10\
which requires, among other things, that the Exchange's rules be
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.
---------------------------------------------------------------------------

    \9\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act, which sets forth Congress's finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers and investors of information with respect to
quotations for and transactions in securities. Quotation and last-sale
information for the Shares will be available via the Consolidated Tape
Association high-speed line, and the Exchange will disseminate the
Portfolio Indicative Value (``PIV'') at least every 15 seconds during
the Core Trading Session through one or more major market data vendors.
In addition, the Fund will make available on its website on each
business day before commencement of the Core Trading Session the
Disclosed Portfolio that will form the basis for the Fund's calculation
of the net asset value (``NAV'').\11\ A basket composition file, which
includes the security names and share quantities required to be
delivered in exchange for Fund shares, together with estimates and
actual cash components, will be publicly disseminated daily prior to
the opening of the NYSE via the National Securities Clearing
Corporation. The Fund's website will also include additional
quantitative information updated on a daily basis relating to trading
volume, the prior business day's reported NAV, mid-point of the bid/ask
spread at the time of calculation of such NAV (the ``Bid/Ask
Price''),\12\ and a calculation of the premium and discount of the Bid/
Ask Price against the NAV and 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. Information regarding the 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 the previous day's closing price and trading
volume information for the Shares will be published daily in the
financial sections of newspapers.
---------------------------------------------------------------------------

    \11\ On a daily basis, the Advisor will disclose for each
portfolio security or other financial instrument of the Fund the
following information: Ticker symbol (if applicable), name of
security or financial instrument, number of shares or dollar value
of financial instruments held in the portfolio, and percentage
weighting of the security or financial instrument in the portfolio.
The NAV of the Fund will normally be determined as of the close of
the regular trading session on the New York Stock Exchange, Inc.
(``NYSE'') (ordinarily 4:00 p.m. Eastern Time) on each business day.
    \12\ The Bid/Ask Price of the Fund is determined using the
midpoint of the highest bid and the lowest offer on the Exchange as
of the time of calculation of the NAV. The records relating to Bid/
Ask Prices will be retained by the Fund and its service providers.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Advisor and Sub-Advisor to the
Fund are not affiliated with a broker-dealer.\13\ The

Commission also notes that the Exchange will obtain a representation
from the Fund 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.\14\ Additionally, if it becomes
aware that the NAV or the Disclosed Portfolio is not disseminated to
all market participants at the same time, the Exchange will halt
trading in the Shares until such information is available to all market
participants. Further, if the PIV is not being disseminated as
required, the Exchange may halt trading during the day in which the
interruption occurs; if the interruption persists past the day in which
it occurred, the Exchange will halt trading no later than the beginning
of the trading day following the interruption.\15\ Finally, the
Commission notes that the Reporting Authority that provides the
Disclosed Portfolio must implement and maintain, or be subject to,
procedures designed to prevent the use and dissemination of material
non-public information regarding the actual components of the
portfolio.\16\
---------------------------------------------------------------------------

    \13\ See Commentary .06 to NYSE Arca Equities Rule 8.600. The
Commission notes that Commentary .06 to NYSE Arca Equities Rule
8.600 requires that any investment advisers to the Fund that are
affiliated with a broker-dealer are required to implement a fire-
wall with respect to such broker-dealer regarding access to
information concerning the composition of the portfolio. Commentary
.06 to NYSE Arca Equities Rule 8.600 also requires that any
personnel who make decisions on the Fund's portfolio composition
must be subject to procedures designed to prevent the use and
dissemination of material non-public information regarding the
portfolio.
    \14\ See NYSE Arca Equities Rule 8.600(d)(1)(B).
    \15\ See NYSE Arca Equities Rule 8.600(d)(2)(D). Trading in the
Shares may also 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 comprising the Disclosed
Portfolio and/or the financial instruments of the Fund; or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.
    \16\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
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    The Exchange has represented that the Shares are equity securities
subject to the Exchange's rules governing the trading of equity
securities. In support of this proposal, the Exchange has made
representations, including:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange's surveillance 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.
    (3) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The procedures for purchases and redemptions of Shares and that Shares
are not individually redeemable; (b) NYSE Arca Equities Rule 9.2(a),
which imposes a duty of due diligence on its ETP Holders to learn the
essential facts relating to every customer prior to trading the Shares;
(c) the risks involved in trading the Shares during the Opening and
Late Trading Sessions when an updated PIV will not be calculated or
publicly disseminated; (d) how information regarding the PIV is
disseminated; (e) the requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Shares prior to or concurrently
with the confirmation of a transaction; and (f) trading information.
    (4) The Fund will be in compliance with Rule 10A-3 under the
Act.\17\
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    \17\ 17 CFR 240.10A-3.
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    (5) Except for Underlying ETFs that may hold non-U.S. issues, the
Fund will not otherwise invest in non-U.S. issues.
    In addition, the Commission notes that it has not received any
comments regarding the proposed rule change.
    For the forgoing reasons, the Commission believes that the
Exchange's proposal to list and trade the Shares is consistent with the
Act. This order is based on the Exchange's representations.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\18\ that the proposed rule change (SR-NYSEArca-2010-79) be, and it
hereby is, approved.
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    \18\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
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    \19\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-26132 Filed 10-15-10; 8:45 am]
BILLING CODE 8011-01-P