[Federal Register: September 19, 2007 (Volume 72, Number 181)]
[Notices]
[Page 53568-53569]
[DOCID:fr19se07-75]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPPT-2003-0004; FRL-8148-3]

Access to Confidential Business Information by Computer Sciences
Corporation and its Identified Subcontractors

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has extended the contract until September 30, 2008, by
which its authorized contractor, Computer Sciences Corporation (CSC) of
Chantilly, VA and its subcontractors, will access information which has
been submitted to EPA under all sections of the Toxic Substances
Control Act (TSCA). Some of the information may be claimed or
determined to be Confidential Business Information (CBI). Authority
exists under the contract to extend it until September 30, 2009. If the
contract is extended until September 30, 2009, CBI access will continue
until that date.

DATES: Access to the confidential data will continue through September
30, 2008.

FOR FURTHER INFORMATION CONTACT: For general information contact: Colby
Lintner, Regulatory Coordinator, Environmental Assistance Division
(7408M), Office of Pollution Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>
    For technical information contact: Scott M. Sherlock, TSCA Security
Staff, Environmental Assistance Division (7408M), Office of Pollution
Prevention and Toxics, Environmental Protection Agency, 1200
Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(202) 564-8257; fax number:<PHONE_NUMBER>; e-mail address:
<EMAIL_ADDRESS>

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Notice Apply to Me?

    This action is directed to the public in general. This action may,
however, be of interest to those persons who are or who may be subject
to TSCA reporting requirements. Since other entities may also be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the technical person listed under FOR FURTHER INFORMATION
CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPPT-2003-0004. All documents
in the docket are listed in the docket's index available at http://www.regulations.gov.
 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 electronically at http://www.regulations.gov
, or, if only available in hard copy, at the OPPT

Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at
Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC.
The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30
p.m., Monday through Friday, excluding Federal holidays. The telephone
number of the EPA/DC Public Reading Room is<PHONE_NUMBER>, and the
telephone number for the OPPT Docket is<PHONE_NUMBER>. Docket visitors
are required to show photographic identification, pass through a metal
detector, and sign the EPA visitor log. All visitor bags are processed
through an X-ray machine and subject to search. Visitors will be
provided an EPA/DC badge that must be visible at all times in the
building and returned upon departure.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. What Action is the Agency Taking?

    Previously in the >Federal Register notices of February 26, 2003
(68 FR 8894) (FRL-7293-3), August 15, 2006 (71 FR 46900) (FRL-8087-8),
and also January 10, 2007 (72 FR 1224) (FRL-8110-7), EPA advised that
under GSA Contract Number GS00T99ALD0204, Task Order Number
T0002AJMZ39, Computer Sciences Corporation (CSC) of 15000 Conference
Center Drive, Chantilly, VA, and various named subcontractors would
assist the Office of Pollution Prevention and Toxics (OPPT) in computer
operations and maintenance of TSCA CBI Computer Systems and
Communications Network, linking CBI sites, located in Washington, DC.
CSC and its subcontractors would also assist in

maintaining and operating the EPA CBI computer facilities located in
Research Triangle Park, NC. Access to TSCA data, including CBI, was to
continue until September 30, 2007.
    The contract has been extended until September 30, 2008. CSC and
its subcontractors, Digital Intelligence Systems Corporation (Disys) of
4151 LaFayette Center Drive, Suite 600, Chantilly, VA; Tek Systems of
7437 Race Road S, Hanover, MD; Yoh I.T. of 1818 Market Street,
Philadelphia, PA; Excel Management Systems of 691 N. High Street, 2nd
Floor, Columbus, OH; Kenrob, Inc. of 44084 Riverside Parkway, Suite
125, Leesburg, VA; Paloma Systems of 7002 Evergreen Court, Annandale,
VA; APPTIS of 4800 Westfields Blvd. Chantilly, VA 20151, previously
PlanetGov of 14155 Newbrook Drive, Chantilly, VA; Superlative
Technologies, Inc. (STI) of 8300 Greensboro Drive, Suite 425, McLean,
VA; SoftPath of 1945 Cliff Valley Way NE, Suite 312, Atlanta, GA; and
Apex Systems of 4400 Cox Road, Suite 200, Glen Allen, VA will continue
to undertake the identified function.
    It is possible that the contract will be extended a further year,
until September 30, 2009. If this occurs no further notice will be
provided.
    EPA is issuing this notice to inform all submitters of information
under all sections of TSCA that EPA may provide CSC and its identified
subcontractors access to materials, including CBI materials on a need-
to-know basis until September 30, 2008, unless the contract is extended
again. All access to TSCA CBI under this contract will take place at
EPA Headquarters and Research Triangle Park, NC facilities, the CSC
facility at Research Triangle Park, NC, and also remote electronic
access using secure means.
    CSC and subcontractor personnel are required to sign nondisclosure
agreements and will be briefed on appropriate security procedures
before they are permitted access to TSCA CBI.

List of Subjects

    Environmental protection, Confidential business information.

    Dated: September 13, 2007.
Brion T. Cook,
Director, Information Management Division, Office of Pollution
Prevention and Toxics.
[FR Doc. E7-18491 Filed 9-18-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register: December 21, 2009 (Volume 74, Number 243)]
[Notices]
[Page 67948]
[DOCID:fr21de09-105]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

Applications of Caribbean Sun Airlines, Inc. for Certificate
Authority

AGENCY: Department of Transportation.

ACTION: Notice of Order to Show Cause (Order 2009-12-8). Docket DOT-
OST-2001-11164 and DOT-OST-2001-11198.

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SUMMARY: The Department of Transportation is directing all interested
persons to show cause why it should not (1) issue an order finding
Caribbean Sun Airlines, Inc., fit, willing, and able, and to resume
foreign scheduled air transportation of persons, property and mail,
using one large aircraft.

DATES: Persons wishing to file objections should do so no later than
December 29, 2009.

ADDRESSES: Objections and answers to objections should be filed in
Dockets DOT-OST-2001-11164 and DOT-OST-2001-11198 and addressed to U.S.
Department of Transportation, Docket Operations, (M-30, Room W12-140),
1200 New Jersey Avenue, SE., West Building Ground Floor, Washington, DC
20590, and should be served upon the parties listed in Attachment A to
the order.

FOR FURTHER INFORMATION CONTACT: Catherine J. O'Toole, Air Carrier
Fitness Division (X-56, Room W86-489), U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., Washington, DC 20590,
(202) 366-9721.

    Dated: December 14, 2009.
Susan Kurland,
Assistant Secretary for Aviation and International Affairs.
[FR Doc. E9-30229 Filed 12-18-09; 8:45 am]


[Federal Register Volume 78, Number 173 (Friday, September 6, 2013)]
[Notices]
[Pages 54881-54882]
[FR Doc No: 2013-21731]

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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:

Filings Instituting Proceedings

    Docket Numbers: RP13-1276-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: Statoil 8929736 9-1-2013 Negotiated Rate to be
effective 9/1/2013.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5047.
    Comments Due: 5 p.m. ET 9/10/13.

    Docket Numbers: RP13-1277-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: FPLE Forney Negotiated Rate to be effective 9/1/2013.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5061.
    Comments Due: 5 p.m. ET 9/10/13.

    Docket Numbers: RP13-1278-000.
    Applicants: Southeast Supply Header, LLC.
    Description: Negotiated Rate Clean Up Filing to be effective 9/30/
2013.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5063.
    Comments Due: 5 p.m. ET 9/10/13.

    Docket Numbers: RP13-1279-000.
    Applicants: Gulfstream Natural Gas System, L.L.C.
    Description: August 29, 2013 Clean-up Filing to be effective 9/30/
2013.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5065.
    Comments Due: 5 p.m. ET 9/10/13.

    Docket Numbers: RP13-1280-000.
    Applicants: Texas Eastern Transmission, LP.
    Description: 2013 Operational Entitlements Filing.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5074.
    Comments Due: 5 p.m. ET 9/10/13.

    Docket Numbers: RP13-1281-000.
    Applicants: Natural Gas Pipeline Company of America.
    Description: EDF Negotiated Rate FTS to be effective 9/1/2013.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5086.
    Comments Due: 5 p.m. ET 9/10/13.

    Docket Numbers: RP13-1282-000.
    Applicants: Southeast Supply Header, LLC.
    Description: SESH Pass Through of Negotiated Usage and Fuel Rates
to be effective 10/1/2013.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5105.
    Comments Due: 5 p.m. ET 9/10/13.

    Docket Numbers: RP13-1283-000.
    Applicants: Dominion Transmission, Inc.
    Description: DTI--Volume No. 2 Rate Schedule Cancellations and
Related Changes to be effective 9/30/2013.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5151.
    Comments Due: 5 p.m. ET 9/10/13.

    Docket Numbers: RP13-1284-000.
    Applicants: Equitrans, L.P.
    Description: 115SS and 60SS Variable Storage Contract Demand Filing
to be effective 9/30/2013.
    Filed Date: 8/30/13.
    Accession Number: 20130830-5001.
    Comments Due: 5 p.m. ET 9/11/13.

    Docket Numbers: RP13-1285-000.
    Applicants: Stingray Pipeline Company, L.L.C.
    Description: Stingray Pipeline Company, L.L.C. submits Events
Surcharge tracker.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5194.
    Comments Due: 5 p.m. ET 9/10/13.

    Docket Numbers: RP13-1286-000.
    Applicants: Petrohawk Energy Corporation, HK Energy Marketing, LLC.
    Description: Joint Petition of Petrohawk Energy Corporation and HK
Marketing, LLC for Temporary Waivers of Capacity Release Regulations
and Policies, and Request for Shortened Comment Period and Expedited
Treatment.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5195.
    Comments Due: 5 p.m. ET 9/6/13.

    Docket Numbers: RP13-1287-000.
    Applicants: Sea Robin Pipeline Company, LLC.
    Description: Hurricane Surcharge Filing on 8-30-13 to be effective
10/1/2013.
    Filed Date: 8/30/13.
    Accession Number: 20130830-5014.
    Comments Due: 5 p.m. ET 9/11/13.

    Docket Numbers: RP13-1288-000.
    Applicants: Texas Gas Transmission, LLC.
    Description: Neg Rate Agmts related to permanent and temporary
capacity releases to be effective 9/1/2013.
    Filed Date: 8/30/13.
    Accession Number: 20130830-5015.
    Comments Due: 5 p.m. ET 9/11/13.

    Docket Numbers: RP13-1289-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Fuel Filing on 8-30-13 to be effective 10/1/2013.
    Filed Date: 8/30/13.
    Accession Number: 20130830-5018.
    Comments Due: 5 p.m. ET 9/11/13.
    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 comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.

Filings in Existing Proceedings

    Docket Numbers: RP08-257-000.
    Applicants: Saltville Gas Storage Company L.L.C.
    Description: Petition to Amend Stipulation and Agreement and Motion
for Shortened Answer Period and Request for Expedited Action of
Saltville Gas Storage Company L.L.C.
    Filed Date: 8/28/13.
    Accession Number: 20130828-5195.
    Comments Due: 5 p.m. ET 9/4/13.

    Docket Numbers: RP13-545-001.
    Applicants: Tennessee Gas Pipeline Company, L.L.C.
    Description: EP2DART Conversion to be effective 10/1/2013.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5118.
    Comments Due: 5 p.m. ET 9/10/13.

    Docket Numbers: RP13-556-004.
    Applicants: Gulf Shore Energy Partners, LP.
    Description: Gulf Shore Energy Partners, LP GAS TARIFF ORIGINAL
VOLUME NO. 1--Compliance to be effective 8/28/2013.
    Filed Date: 8/29/13.
    Accession Number: 20130829-5062.
    Comments Due: 5 p.m. ET 9/10/13.

    Any person desiring to protest in any of the above proceedings must
file in accordance with Rule 211 of the Commission's Regulations (18
CFR 385.211) on or before 5:00 p.m. Eastern time on the specified
comment date.
    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    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: August 30, 2013.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2013-21731 Filed 9-5-13; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 87, Number 229 (Wednesday, November 30, 2022)]
[Notices]
[Pages 73560-73561]
[FR Doc No: 2022-26059]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2022-D-2899]

Effectiveness of Anthelmintics: Specific Recommendations for
Products Proposed for the Prevention of Heartworm Disease in Dogs;
Draft Guidance for Industry; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice of availability.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
the availability of a draft guidance for industry (GFI) #276 entitled
``Effectiveness of Anthelmintics: Specific Recommendations for Products
Proposed for the Prevention of Heartworm Disease in Dogs.'' This draft
guidance is intended for sponsors and potential sponsors who may be
interested in pursuing approval of investigational new animal drugs for
the prevention of heartworm disease in dogs. The draft guidance
provides recommendations for the effectiveness evaluation of drugs
indicated for the prevention of heartworm disease caused by Dirofilaria
immitis in dogs. These recommendations should be read in conjunction
with related Agency Veterinary International Conference on
Harmonization (VICH) guidance documents and are intended to provide
additional detail to elements of study design and interpretation under
the recommendations laid out in the VICH guidances.

DATES: Submit either electronic or written comments on the draft
guidance by January 30, 2023 to ensure that the Agency considers your
comment on this draft guidance before it begins work on the final
version of the guidance.

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-2899 for ``Effectiveness of Anthelmintics: Specific
Recommendations for Products Proposed for the Prevention of Heartworm
Disease in Dogs.'' 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,<PHONE_NUMBER>.
     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 the guidance to the
Policy and Regulations Staff (HFV-6), Center for Veterinary Medicine,
Food and Drug Administration, 7500 Standish Pl., Rockville, MD 20855.
Send one self-addressed adhesive label to assist that office in
processing your requests. See

the SUPPLEMENTARY INFORMATION section for electronic access to the
draft guidance document.

FOR FURTHER INFORMATION CONTACT: Steven Fleischer, Center for
Veterinary Medicine (HFV-110), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of draft GFI #276 entitled
``Effectiveness of Anthelmintics: Specific Recommendations for Products
Proposed for the Prevention of Heartworm Disease in Dogs.'' The
recommended approach to demonstrate substantial evidence of
effectiveness of an investigational new animal drug intended for the
prevention of heartworm disease in dogs is for the sponsor to conduct
two laboratory dose confirmation studies and one multisite field
effectiveness study in accordance with the principles of good clinical
practice as described in GFI #85 (VICH GL9), ``Good Clinical
Practice.'' This draft guidance provides detail regarding FDA's
recommendations for the effectiveness evaluation of drugs indicated for
the prevention of heartworm disease caused by Dirofilaria immitis in
dogs. This guidance is informed by comments FDA received in response to
the ``Evaluation of Approaches To Demonstrate Effectiveness of
Heartworm Preventatives for Dogs; Request for Comments,'' which
published in the Federal Register on May 24, 2018 (83 FR 24122).
    This level 1 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
``Effectiveness of Anthelmintics: Specific Recommendations for Products
Proposed for the Prevention of Heartworm Disease in Dogs.'' 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

    While this guidance contains no collection of information, it does
refer to previously approved FDA collections of information. Therefore,
clearance by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3521) is not
required for this guidance. The previously approved collections of
information are subject to review by OMB under the PRA. The collections
of information in 21 CFR part 514 have been approved under OMB control
number 0910-0032.

III. Electronic Access

    Persons with access to the internet may obtain the draft guidance
at https://www.fda.gov/animal-veterinary/guidance-regulations/guidance-industry, https://www.fda.gov/regulatory-information/search-fda-guidance-documents, or https://www.regulations.gov.

    Dated: November 22, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022-26059 Filed 11-29-22; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 83, Number 153 (Wednesday, August 8, 2018)]
[Notices]
[Pages 39102-39103]
[FR Doc No: 2018-16985]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2018-N-2485]

Fougera Pharmaceuticals, Inc., et al.; Withdrawal of Approval of
27 Abbreviated New Drug Applications

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is
withdrawing approval of 27 abbreviated new drug applications (ANDAs)
from multiple applicants. The holders of the applications notified the
Agency in writing that the drug products were no longer marketed and
requested that the approval of the applications be withdrawn.

DATES: Approval is withdrawn as of September 7, 2018.

FOR FURTHER INFORMATION CONTACT: Trang Tran, Center for Drug Evaluation
and Research, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 75, Rm. 1671, Silver Spring, MD 20993-0002,<PHONE_NUMBER>,
[email protected].

SUPPLEMENTARY INFORMATION: The holders of the applications listed in
the table have informed FDA that these drug products are no longer
marketed and have requested that FDA withdraw approval of the
applications under the process described in Sec.  314.150(c) (21 CFR
314.150(c)). The applicants have also, by their requests, waived their
opportunity for a hearing. Withdrawal of approval of an application or
abbreviated application under Sec.  314.150(c) is without prejudice to
refiling.

------------------------------------------------------------------------
        Application No.                  Drug               Applicant
------------------------------------------------------------------------
ANDA 061467...................  Pyocidin-Otic           Fougera
                                 (hydrocortisone and     Pharmaceuticals
                                 polymyxin B sulfate)    , Inc., 60
                                 Otic Solution, 5        Baylis Rd.,
                                 milligrams (mg)/        P.O. Box 2006,
                                 10,000 units per        Melville, NY
                                 milliliter (mL).        11747.
ANDA 061653...................  Tetrex (tetracycline    Bristol-Myers
                                 phosphate complex)      Squibb Co.,
                                 Capsules, Equivalent    P.O. Box 4000,
                                 to (EQ) 100 mg          Princeton, NJ
                                 Hydrochloride (HCl),    08543.
                                 EQ 250 mg HCl and EQ
                                 500 mg HCl.
ANDA 061658...................  Bristacycline           Do.
                                 (tetracycline HCl)
                                 Capsules, 250 mg and
                                 500 mg.
ANDA 061711...................  Penicillin V Potassium  Do.
                                 Tablets.
ANDA 061721...................  Ampicillin Capsules,    Do.
                                 250 mg and 500 mg.
ANDA 061726...................  Azotrex                 Do.
                                 (phenazopyridine HCl,
                                 sulfamethizole and
                                 tetracycline
                                 phosphate complex)
                                 Capsules, 50 mg/250
                                 mg/125 mg.
ANDA 061790...................  Hetacillin Potassium..  Do.
ANDA 061887...................  Bristamycin             Do.
                                 (erythromycin
                                 stearate) Tablets, EQ
                                 250 mg base.
ANDA 061888...................  Bristacycline           Do.
                                 (tetracycline HCl)
                                 Capsules, 250 mg and
                                 500 mg.
ANDA 061889...................  Tetrex (tetracycline    Do.
                                 phosphate complex)
                                 Capsules, EQ 250 mg
                                 HCl and EQ 500 mg HCl.
ANDA 061890...................  Azotrex                 Do.
                                 (phenazopyridine HCl,
                                 sulfamethizole, and
                                 tetracycline)
                                 Capsules, 50 mg/250
                                 mg/125 mg.
ANDA 061891...................  Tetrex-S                Do.
                                 (tetracycline) Syrup,
                                 125 mg/5 mL.
ANDA 061975...................  Cephradine Powder for   Do.
                                 Injection.
ANDA 062168...................  Cephradine Tablets....  Do.
ANDA 062259...................  Amphotericin B for Use  Do.
                                 in Parenteral
                                 Products.
ANDA 062543...................  Mycolog (nystatin,      Do.
                                 neomycin sulfate,
                                 gramicidin, and
                                 triamcinolone
                                 acetonide) Ointment.
ANDA 071793...................  Foamcoat (aluminum      Guardian Drug
                                 hydroxide; magnesium    Co., 2 Charles
                                 trisilicate) Chewable   Court, Dayton,
                                 Tablets, 80 mg/20 mg    NJ 08810.
                                 (OTC).
ANDA 072035...................  Nuprin (ibuprofen)      Bristol-Myers
                                 Tablets, 200 mg.        Squibb Co.
ANDA 072036...................  Nuprin (ibuprofen)      Do.
                                 Tablets, 200 mg.
ANDA 074911...................  Phrenilin with          Valeant
                                 Caffeine and Codeine    Pharmaceuticals
                                 (acetaminophen,         North America,
                                 butalbital, caffeine,   LLC, 400
                                 and codeine             Somerset
                                 phosphate) Capsules,    Corporate
                                 325 mg/50 mg/40 mg/30   Blvd.,
                                 mg.                     Bridgewater, NJ
                                                         08807.
ANDA 074944...................  Atracurium Besylate     Watson
                                 Injection, 10 mg/mL.    Laboratories,
                                                         Inc.,
                                                         Subsidiary of
                                                         Teva
                                                         Pharmaceuticals
                                                         USA, Inc., 425
                                                         Privet Rd.,
                                                         Horsham, PA
                                                         19044.
ANDA 075206...................  Cytosar-U (cytarabine)  Teva
                                 for Injection USP,      Pharmaceuticals
                                 100 mg/vial, 500 mg/    USA, Inc., 425
                                 vial, 1 gram (g)/       Privet Rd.,
                                 vial, and 2 g/vial.     Horsham, PA
                                                         19044.
ANDA 077337...................  Rosiglitazone Maleate   Do.
                                 and Metformin HCl
                                 Tablets, EQ 1 mg base/
                                 500 mg, EQ 2 mg base/
                                 500 mg, EQ 4 mg base/
                                 500 mg, EQ 2 mg base/
                                 1 g, and EQ 4 mg base/
                                 1 g.
ANDA 077930...................  Meloxicam Tablets, 7.5  Impax
                                 mg and 15 mg.           Laboratories,
                                                         Inc., 30831
                                                         Huntwood Ave.,
                                                         Hayward, CA
                                                         94544.
ANDA 080658...................  Procaine HCl            Watson
                                 Injection, 1% and 2%.   Laboratories,
                                                         Inc.,
                                                         Subsidiary of
                                                         Teva
                                                         Pharmaceuticals
                                                         USA, Inc.
ANDA 083128...................  Hydrocortisone Acetate  Do.
                                 Injectable
                                 Suspension, 25 mg/mL.
ANDA 090181...................  Ifosfamide for          Fresenius Kabi
                                 Injection, 1 g/20 mL    USA, LLC, Three
                                 and 3 g/60 mL.          Corporate Dr.,
                                                         Lake Zurich, IL
                                                         60047.
------------------------------------------------------------------------

    Therefore, approval of the applications listed in the table, and
all amendments and supplements thereto, is hereby withdrawn as of
September 7, 2018. Introduction or delivery for introduction into
interstate commerce of products without approved new drug applications
violates section 301(a) and (d) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 331(a) and (d)). Drug products that are listed in the
table that are in inventory on September 7, 2018 may continue to be
dispensed until the inventories have been depleted or the drug products
have reached their expiration dates or otherwise become violative,
whichever occurs first.

    Dated: August 3, 2018.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2018-16985 Filed 8-7-18; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 78, Number 204 (Tuesday, October 22, 2013)]
[Notices]
[Pages 62834-62838]
[FR Doc No: 2013-24643]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70638; File No. SR-NASDAQ-2013-107]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Order
Granting Approval of Proposed Rule Change Relating to the Listing and
Trading of the Shares of the First Trust Global Tactical Commodity
Strategy Fund of First Trust Exchange-Traded Fund VII

October 9, 2013.

I. Introduction

    On August 16, 2013, The NASDAQ Stock Market LLC (``Exchange'' or
``Nasdaq'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to list and trade shares
(``Shares'') of the First Trust Global Tactical Commodity Strategy Fund
(``Fund'') under Nasdaq Rule 5735. The proposed rule change was
published for comment in the Federal Register on August 30, 2013.\3\
The Commission received no comments on this 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. 70253 (August 26,
2013), 78 FR 53799 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade Shares of the Fund pursuant
to Nasdaq Rule 5735, which governs the listing and trading of Managed
Fund Shares on the Exchange. The Shares will be offered by First Trust
Exchange-Traded Fund VII (``Trust''), which is organized as a
Massachusetts business trust and is registered with the Commission as
an open-end investment company.\4\ First Trust Advisors L.P. will be
the investment adviser (``Adviser'') to the Fund. First Trust
Portfolios L.P. will be the principal underwriter and distributor of
the Fund's Shares. Brown Brothers Harriman & Co. (``BBH'') will act as
the administrator, accounting agent, custodian, and transfer agent to
the Fund. The Exchange states that the

Adviser is not a broker-dealer but is affiliated with a broker-dealer
and that the Adviser has implemented a fire wall with respect to its
broker-dealer affiliate regarding access to information concerning the
composition of or changes to the Fund's portfolio.\5\
---------------------------------------------------------------------------

    \4\ The Trust is registered under the Investment Company Act of
1940 (``1940 Act''). See Registration Statement on Form N-1A for the
Trust, dated November 13, 2012 (File Nos. 333-184918 and 811-22767)
(``Registration Statement''). The Commission has issued an order
granting certain exemptive relief to the Trust under the 1940 Act
(``Exemptive Order''). See Investment Company Act Release No. 30029
(April 10, 2012) (File No. 812-13795).
    \5\ See Nasdaq Rule 5735(g). In the event (a) the Adviser
becomes newly affiliated with a broker-dealer, or (b) any new
adviser or sub-adviser is a registered broker-dealer or becomes
affiliated with a broker-dealer, the Adviser, any new adviser, or
any new sub-adviser will implement a fire wall with respect to its
relevant personnel and the broker-dealer affiliate, if applicable,
regarding access to information concerning the composition of or
changes to the portfolio, and will be subject to procedures designed
to prevent the use and dissemination of material non-public
information regarding such portfolio.
---------------------------------------------------------------------------

    The Fund's investment objective will be to provide total return by
providing investors with commodity exposure while seeking a relatively
stable risk profile. The Fund will pursue its objective by seeking to
invest through a wholly-owned subsidiary in a broadly diversified
portfolio composed principally of commodity futures contracts.
Principal Investments
Fund's Investments
    The Fund will be an actively managed exchange-traded fund (``ETF'')
that will seek to achieve attractive risk adjusted returns by investing
in exchange-traded commodity futures contracts and exchange-traded
commodity linked instruments \6\ (collectively, ``Commodities'')
through a wholly-owned subsidiary controlled by the Fund and organized
under the laws of the Cayman Islands (``First Trust Subsidiary''). The
Fund will seek to gain exposure to the futures markets through
investments in the First Trust Subsidiary. The Fund's investment in the
First Trust Subsidiary may not exceed 25% of the Fund's total assets.
The remainder of the Fund's assets will primarily be invested in: (1)
Short-term investment grade fixed income securities that include U.S.
government and agency securities,\7\ sovereign debt obligations of non-
U.S. countries, and repurchase agreements; \8\ (2) money market
instruments; \9\ (3) ETFs and other investment companies registered
under the 1940 Act; and (4) cash and other cash equivalents.
---------------------------------------------------------------------------

    \6\ According to the Exchange, exchange-traded commodity linked
instruments include: (1) ETFs that provide exposure to commodities
as would be listed under Nasdaq Rules 5705 and 5735; and (2) pooled
investment vehicles that invest primarily in commodities and
commodity-related instruments as would be listed under Nasdaq Rules
5710 and 5711. Such pooled investment vehicles are commonly referred
to as ``exchange traded funds,'' but they are not registered as
investment companies because of the nature of their underlying
investments.
    \7\ Such securities will include securities that are issued or
guaranteed by the U.S. Treasury, by various agencies of the U.S.
government, or by various instrumentalities that have been
established or sponsored by the U.S. government. According to the
Exchange, U.S. Treasury obligations are backed by the ``full faith
and credit'' of the U.S. government. Securities issued or guaranteed
by federal agencies, and U.S. government-sponsored instrumentalities
may or may not be backed by the full faith and credit of the U.S.
government.
    \8\ The Fund intends to enter into repurchase agreements only
with financial institutions and dealers believed by the Adviser to
present minimal credit risks in accordance with criteria approved by
the Fund's Board of Trustees (``Board''). The Adviser will review
and monitor the creditworthiness of such institutions. The Adviser
will monitor the value of the collateral at the time the transaction
is entered into and at all times during the term of the repurchase
agreement.
    \9\ For the Fund's purposes, money market instruments will
include: Short-term, high-quality securities issued or guaranteed by
non-U.S. governments, agencies, and instrumentalities; non-
convertible corporate debt securities with remaining maturities of
not more than 397 days that satisfy ratings requirements under Rule
2a-7 of the 1940 Act; money market mutual funds; and deposits and
other obligations of U.S. and non-U.S. banks and financial
institutions. As a related matter, the Fund may invest in shares of
money market mutual funds to the extent permitted by the 1940 Act.
---------------------------------------------------------------------------

    The Fund will not invest directly in Commodities. The Fund expects
to gain exposure to these investments exclusively by investing in the
First Trust Subsidiary.
    The Fund will use the fixed-income securities as investments and to
collateralize the First Trust Subsidiary's commodity exposure on a day-
to-day basis. The Fund may also invest directly in ETFs \10\ and other
investment companies, including, to the extent permitted under the 1940
Act, exchange-traded closed-end funds that provide exposure to
commodities, equity securities, and fixed income securities.\11\
---------------------------------------------------------------------------

    \10\ An ETF is an investment company registered under the 1940
Act that holds a portfolio of securities. Many ETFs are designed to
track the performance of a securities index, including industry,
sector, country, and region indexes. ETFs included in the Fund will
be listed and traded in the U.S. on registered exchanges. Pursuant
to exemptive orders obtained by other ETFs and their sponsors from
the Commission, the Fund may invest in the securities of ETFs in
excess of the limits imposed under the 1940 Act. The ETFs in which
the Fund may invest include Index Fund Shares (as described in
Nasdaq Rule 5705), Portfolio Depositary Receipts (as described in
Nasdaq Rule 5705), and Managed Fund Shares (as described in Nasdaq
Rule 5735). While the Fund may invest in inverse ETFs, the Fund will
not invest in leveraged or inverse leveraged (e.g., 2X or -3X) ETFs.
    \11\ The equity securities (including shares of ETFs and closed-
end funds) in which the Fund may invest will be limited to
securities that trade in markets that are members of the ISG, which
includes all U.S. national securities exchanges, or are parties to a
comprehensive surveillance sharing agreement with the Exchange.
---------------------------------------------------------------------------

    According to the Exchange, the Fund's investment in the First Trust
Subsidiary will be designed to help the Fund achieve exposure to
commodity returns in a manner consistent with the federal tax
requirements applicable to the Fund and other regulated investment
companies.
First Trust Subsidiary's Investments
    The First Trust Subsidiary will seek to make investments generally
in Commodities while managing volatility, as measured by annualized
standard deviation, to a more consistent range than statistically
weighted commodity indices. The investment weightings of the underlying
Commodities held by the First Trust Subsidiary will be rebalanced in an
attempt to stabilize risk levels. According to the Exchange, the
dynamic weighting process will result in a disciplined, systematic
investment process which will be keyed off of the Adviser's volatility
forecasting process.
    The First Trust Subsidiary will be advised by the Adviser.\12\ The
Fund's investment in the First Trust Subsidiary is intended to provide
the Fund with exposure to commodity markets within the limits of
current federal income tax laws applicable to investment companies such
as the Fund, which limit the ability of investment companies to invest
directly in the derivative instruments. The First Trust Subsidiary will
have the same investment objective as the Fund, but unlike the Fund, it
may invest without limitation in Commodities. The First Trust
Subsidiary's investments will provide the Fund with exposure to
domestic and international markets.
---------------------------------------------------------------------------

    \12\ The First Trust Subsidiary will not be registered under the
1940 Act and will not be directly subject to its investor
protections, except as noted in the Registration Statement. However,
the First Trust Subsidiary will be wholly-owned and controlled by
the Fund and will be advised by the Adviser. Therefore, according to
the Exchange, the Fund's ownership and control of the First Trust
Subsidiary will prevent the First Trust Subsidiary from taking
action contrary to the interests of the Fund or its shareholders.
The Exchange states that the Board will have oversight
responsibility for the investment activities of the Fund, including
its expected investment in the First Trust Subsidiary, and the
Fund's role as the sole shareholder of the First Trust Subsidiary.
The Adviser will receive no additional compensation for managing the
assets of the First Trust Subsidiary. The First Trust Subsidiary
will also enter into separate contracts for the provision of
custody, transfer agency, and accounting agent services with the
same or with affiliates of the same service providers that provide
those services to the Fund.
---------------------------------------------------------------------------

    The First Trust Subsidiary may have both long and short positions
in Commodities. However, for a given Commodity, the First Trust
Subsidiary will have a net long exposure. The First Trust Subsidiary
will initially consider investing in specific exchange-traded \13\

futures contracts set forth in a table in the Notice.
---------------------------------------------------------------------------

    \13\ All of the exchanges are ISG members except for the London
Metal Exchange (``LME''). According to the Exchange, the LME falls
under the jurisdiction of the United Kingdom Financial Conduct
Authority (``FCA''). The Exchange states that the FCA is responsible
for ensuring the financial stability of the exchange members'
businesses, whereas the LME is largely responsible for the oversight
of day-to-day exchange activity, including conducting the
arbitration proceedings under the LME arbitration regulations.
---------------------------------------------------------------------------

    As U.S. and London exchanges list additional contracts, as
currently listed contracts on those exchanges gain sufficient
liquidity, or as other exchanges list sufficiently liquid contracts,
the Adviser will include those contracts in the list of possible
investments of the First Trust Subsidiary. The list of commodities
futures and commodities markets considered for investment can and will
change over time.
Commodities Regulation
    According to the Exchange, the Commodity Futures Trading Commission
(``CFTC'') has recently adopted substantial amendments to CFTC Rule 4.5
relating to the permissible exemptions and conditions for reliance on
exemptions from registration as a commodity pool operator. As a result
of the instruments that will be indirectly held by the Fund, the
Adviser has registered as a commodity pool operator \14\ and is also a
member of the National Futures Association (``NFA''). The Exchange
states that the Fund and the First Trust Subsidiary are subject to
regulation by the CFTC and NFA and to the additional disclosure,
reporting, and recordkeeping rules imposed upon commodity pools.
---------------------------------------------------------------------------

    \14\ As defined in Section 1a(11) of the Commodity Exchange Act.
---------------------------------------------------------------------------

Other Investments
    The Fund may invest in certificates of deposit issued against funds
deposited in a bank or savings and loan association. In addition, the
Fund may invest in bankers' acceptances, which are short-term credit
instruments used to finance commercial transactions.
    The Fund may invest in bank time deposits, which are monies kept on
deposit with banks or savings and loan associations for a stated period
of time at a fixed rate of interest. In addition, the Fund may invest
in commercial paper, which are short-term unsecured promissory notes,
including master demand notes \15\ issued by corporations to finance
their current operations. The Fund may invest in commercial paper only
if it has received the highest rating from at least one nationally
recognized statistical rating organization or, if unrated, has been
judged by the Adviser to be of comparable quality.
---------------------------------------------------------------------------

    \15\ Master demand notes are direct lending arrangements between
the Fund and a corporation.
---------------------------------------------------------------------------

Investment Restrictions
    The Fund may not invest more than 25% of the value of its total
assets in securities of issuers in any one industry or group of
industries. This restriction will not apply to obligations issued or
guaranteed by the U.S. government or its agencies or instrumentalities
or to securities of other investment companies.
    The First Trust Subsidiary's shares will be offered only to the
Fund, and the Fund will not sell shares of the First Trust Subsidiary
to other investors. The Fund and the First Trust Subsidiary will not
invest in any non-U.S. equity securities (other than shares of the
First Trust Subsidiary). The Fund will not purchase securities of open-
end or closed-end investment companies except in compliance with the
1940 Act.
    Pursuant to the Exemptive Order, the Fund will not invest directly
in options contracts, futures contracts, or swap agreements; however,
this restriction will not apply to the First Trust Subsidiary.
    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities (calculated at the time of investment),
including Rule 144A securities deemed illiquid by the Adviser and
master demand notes.\16\ The Fund will monitor its portfolio liquidity
on an ongoing basis to determine whether, in light of current
circumstances, an adequate level of liquidity is being maintained and
will consider taking appropriate steps in order to maintain adequate
liquidity if, through a change in values, net assets, or other
circumstances, more than 15% of the Fund's net assets are held in
illiquid securities. Illiquid securities include securities subject to
contractual or other restrictions on resale and other instruments that
lack readily available markets as determined in accordance with
Commission staff guidance.
---------------------------------------------------------------------------

    \16\ In reaching liquidity decisions, the Adviser may consider
the following factors: The frequency of trades and quotes for the
security; the number of dealers wishing to purchase or sell the
security and the number of other potential purchasers; dealer
undertakings to make a market in the security; and the nature of the
security and the nature of the marketplace trades (e.g., the time
needed to dispose of the security, the method of soliciting offers,
and the mechanics of transfer).
---------------------------------------------------------------------------

    The Fund intends to qualify for and to elect to be treated as a
separate regulated investment company under Subchapter M of the
Internal Revenue Code.\17\
---------------------------------------------------------------------------

    \17\ 26 U.S.C. 851.
---------------------------------------------------------------------------

    Under the 1940 Act, the Fund's investment in investment companies
will, subject to certain exceptions, be limited to: (i) 3% of the total
outstanding voting stock of any one investment company, (ii) 5% of the
Fund's total assets with respect to any one investment company, and
(iii) 10% of the Fund's total assets with respect to investment
companies in the aggregate.
    The Fund's and the First Trust Subsidiary's investments will be
consistent with the Fund's investment objective and will not be used to
enhance leverage.
    Additional information regarding the Fund and the Shares, including
investment strategies, futures contracts and futures exchange
information, risks, creation and redemption procedures, fees, Fund
holdings disclosure policies, distributions, and taxes is included in
the Notice and Registration Statement, as applicable.\18\
---------------------------------------------------------------------------

    \18\ See Notice and Registration Statement, supra notes 3 and 4,
respectively.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6 of the Act \19\
and the rules and regulations thereunder applicable to a national
securities exchange.\20\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Act,\21\
which requires, among other things, that the Exchange's rules be
designed to prevent fraudulent and manipulative acts and practices, to
promote just and equitable principles of trade, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest. The Commission notes that
the Fund and the Shares must comply with the requirements of Nasdaq
Rule 5735 for the Shares to be listed and traded on the Exchange.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f.
    \20\ In approving this proposed rule change, the Commission
notes that it has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
    \21\ 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,\22\ 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. According to the Exchange, quotation and last-sale
information for the Shares will be available via Nasdaq proprietary
quote and trade services, as well as in accordance with the Unlisted
Trading Privileges and the Consolidated Tape Association plans for the
Shares and any underlying exchange-traded products. In addition, the
Intraday Indicative Value, available on the NASDAQ OMX Information LLC
proprietary index data service, will be based upon the current value
for the components of the Disclosed Portfolio and will be updated and
widely disseminated by one or more major market data vendors and
broadly displayed at least every 15 seconds during the Regular Market
Session. On each business day, before commencement of trading in Shares
in the Regular Market Session on the Exchange, the Fund will disclose
on its Web site the Disclosed Portfolio, as defined in Nasdaq Rule
5735(c)(2), held by the Fund and the First Trust Subsidiary, which will
form the basis for the Fund's calculation of net asset value (``NAV'')
at the end of the business day.\23\ The Fund's NAV will be determined
as of the close of trading (normally 4:00 p.m. Eastern Time) on each
day the New York Stock Exchange is open for business. Information
regarding market price and volume of the Shares will be continually
available on a real-time basis throughout the day on brokers' computer
screens and other electronic services. The previous day's closing price
and trading volume information for the Shares will be published daily
in the financial section of newspapers. Intra-day, executable price
quotations on the securities, Commodities, and other assets held by the
Fund and the First Trust Subsidiary will be available from major
broker-dealer firms or on the exchange on which they are traded, as
applicable. Intra-day price information will also be available through
subscription services, such as Bloomberg, Markit, and Thomson Reuters,
which can be accessed by authorized participants and other investors.
The Fund's Web site will include a form of the prospectus for the Fund
and additional data relating to NAV and other applicable quantitative
information.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \23\ The Disclosed Portfolio will include, as applicable, the
names, quantity, percentage weighting, and market value of
securities, Commodities, and other assets held by the Fund and the
First Trust Subsidiary and the characteristics of such assets. The
Web site and information will be publicly available at no charge.
---------------------------------------------------------------------------

    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 Exchange will obtain a
representation from the issuer of the Shares that the NAV per Share
will be calculated daily and that the NAV and the Disclosed Portfolio
will be made available to all market participants at the same time.\24\
In addition, trading in the Shares will be subject to Nasdaq Rule
5735(d)(2)(D), which sets forth circumstances under which Shares of the
Fund may be halted. The Exchange may halt trading in the Shares if
trading is not occurring in the securities, Commodities, and other
assets constituting the Disclosed Portfolio of the Fund and the First
Trust Subsidiary or if other unusual conditions or circumstances
detrimental to the maintenance of a fair and orderly market are
present.\25\ Further, 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.\26\ The Commission notes that the Financial Industry
Regulatory Authority (``FINRA''), on behalf of the Exchange,\27\ will
communicate as needed regarding trading in the Shares, Commodities, and
other exchange-traded securities and instruments held by the Fund and
the First Trust Subsidiary with other markets and other entities that
are members of the Intermarket Surveillance Group (``ISG''), and FINRA
may obtain trading information regarding trading in the Shares,
Commodities, and other exchange-traded securities and instruments held
by the Fund and the First Trust Subsidiary from such markets and other
entities. In addition, the Exchange may obtain information regarding
trading in the Shares, Commodities, and other exchange-traded
securities and instruments held by the Fund and the First Trust
Subsidiary from markets and other entities that are members of ISG,
which includes securities and futures exchanges,\28\ or with which the
Exchange has in place a comprehensive surveillance sharing agreement.
The Exchange states that it has a general policy prohibiting the
distribution of material, non-public information by its employees. The
Exchange also states that the Adviser is not a broker-dealer but is
affiliated with a broker-dealer, and that the Adviser has implemented a
fire wall with respect to its broker-dealer affiliate regarding access
to information concerning the composition of or changes to the
portfolio.\29\
---------------------------------------------------------------------------

    \24\ See Nasdaq Rule 5735(d)(1)(B).
    \25\ See Nasdaq Rule 5735(d)(2)(C) (providing additional
considerations for the suspension of trading in or removal from
listing of Managed Fund Shares on the Exchange). With respect to
trading halts, the Exchange may consider all relevant factors in
exercising its discretion to halt or suspend trading in the Shares
of the Fund. Nasdaq will halt trading in the Shares under the
conditions specified in Nasdaq Rules 4120 and 4121, including the
trading pauses under Nasdaq Rules 4120(a)(11) and (12). Trading also
may be halted because of market conditions or for reasons that, in
the view of the Exchange, make trading in the Shares inadvisable.
    \26\ See Nasdaq Rule 5735(d)(2)(B)(ii).
    \27\ The Exchange states that, while FINRA surveils trading on
the Exchange pursuant to a regulatory services agreement, the
Exchange is responsible for FINRA's performance under this
regulatory services agreement.
    \28\ With respect to the futures contracts held indirectly
through the First Trust Subsidiary, not more than 10% of the weight
of such futures contracts in the aggregate will consist of
instruments whose principal trading market is not a member of ISG or
is a market with which the Exchange does not have a comprehensive
surveillance sharing agreement.
    \29\ See supra note 5. An investment adviser to an open-end fund
is required to be registered under the Investment Advisers Act of
1940 (``Advisers Act''). As a result, the Adviser and its related
personnel are subject to the provisions of Rule 204A-1 under the
Advisers Act relating to codes of ethics. This Rule requires
investment advisers to adopt a code of ethics that reflects the
fiduciary nature of the relationship to clients as well as
compliance with other applicable securities laws. Accordingly,
procedures designed to prevent the communication and misuse of non-
public information by an investment adviser must be consistent with
Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under
the Advisers Act makes it unlawful for an investment adviser to
provide investment advice to clients unless such investment adviser
has (i) adopted and implemented written policies and procedures
reasonably designed to prevent violation, by the investment adviser
and its supervised persons, of the Advisers Act and the Commission
rules adopted thereunder; (ii) implemented, at a minimum, an annual
review regarding the adequacy of the policies and procedures
established pursuant to subparagraph (i) above and the effectiveness
of their implementation; and (iii) designated an individual (who is
a supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
---------------------------------------------------------------------------

    The Exchange represents that the Shares are deemed to be equity
securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
In support of this proposal, the Exchange has made representations,
including:
    (1) The Shares will be subject to Nasdaq Rule 5735, which sets
forth the

initial and continued listing criteria applicable to Managed Fund
Shares.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The Exchange represents that trading in the Shares will be
subject to the existing trading surveillances, administered by both
Nasdaq and FINRA on behalf of the Exchange, which are designed to
detect violations of Exchange rules and applicable federal securities
laws and that these procedures are adequate to properly monitor
Exchange trading of the Shares in all trading sessions and to deter and
detect violations of Exchange rules and applicable federal securities
laws.
    (4) Prior to the commencement of trading, the Exchange will inform
its members in an Information Circular of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Circular will discuss the following: (a) The procedures for
purchases and redemptions of Shares in Creation Units (and that Shares
are not individually redeemable); (b) Nasdaq Rule 2111A, which imposes
suitability obligations on Nasdaq members with respect to recommending
transactions in the Shares to customers; (c) how information regarding
the Intraday Indicative Value is disseminated; (d) the risks involved
in trading the Shares during the Pre-Market and Post-Market Sessions
when an updated Intraday Indicative Value will not be calculated or
publicly disseminated; (e) the requirement that members deliver a
prospectus to investors purchasing newly issued Shares prior to or
concurrently with the confirmation of a transaction; and (f) trading
information.
    (5) For initial and continued listing, the Fund and the First Trust
Subsidiary must be in compliance with Rule 10A-3 under the Exchange
Act.\30\
---------------------------------------------------------------------------

    \30\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (6) A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange.
    (7) The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities (calculated at the time of investment),
including Rule 144A securities deemed illiquid by the Adviser and
master demand notes.
    (8) The equity securities (including shares of ETFs and closed-end
funds) in which the Fund may invest will be limited to securities that
trade in markets that are members of the ISG, which includes all U.S.
national securities exchanges, or are parties to a comprehensive
surveillance sharing agreement with the Exchange. The Fund and the
First Trust Subsidiary will not invest in any non-U.S. equity
securities (other than shares of the First Trust Subsidiary).
    (9) The Fund will not invest directly in Commodities. The Fund
expects to gain exposure to these investments exclusively by investing
in the First Trust Subsidiary.
    (10) The Fund's investment in the First Trust Subsidiary may not
exceed 25% of the Fund's total assets.
    (11) The Fund's and the First Trust Subsidiary's investments will
be consistent with the Fund's investment objective and will not be used
to enhance leverage. The Fund may invest in inverse ETFs, but it will
not invest in leveraged or inverse leveraged ETFs.
    (12) Pursuant to the Exemptive Order, the Fund will not invest
directly in options contracts, futures contracts, or swap agreements.
However, this restriction will not apply to the First Trust Subsidiary.
With respect to the futures contracts held indirectly through the First
Trust Subsidiary, not more than 10% of the weight of such futures
contracts in the aggregate shall consist of instruments whose principal
trading market is not a member of ISG or is a market with which the
Exchange does not have a comprehensive surveillance sharing agreement.

This approval order is based on all of the Exchange's representations
and description of the Fund, including those set forth above and in the
Notice.\31\
---------------------------------------------------------------------------

    \31\ The Commission notes that it does not regulate the market
for futures in which the Fund plans to take positions. Limits on the
positions that any person may take in futures may be directly set by
the CFTC or by the markets on which the futures are traded. The
Commission has no role in establishing position limits on futures
even though such limits could impact an exchange-traded product that
is under the jurisdiction of the Commission.
---------------------------------------------------------------------------

    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act \32\ and the
rules and regulations thereunder applicable to a national securities
exchange.
---------------------------------------------------------------------------

    \32\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\33\ that the proposed rule change (SR-NASDAQ-2013-107) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \33\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\34\
---------------------------------------------------------------------------

    \34\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-24643 Filed 10-21-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Notices]
[Pages 78111-78112]
[FR Doc No: 2014-30278]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-31387]

Notice of Applications for Deregistration Under Section 8(f) of
the Investment Company Act of 1940

December 19, 2014.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
December 2014. A copy of each application may be obtained via the
Commission's Web site by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>. An order granting each
application will be issued unless the

SEC orders a hearing. Interested persons may request a hearing on any
application by writing to the SEC's Secretary at the address below and
serving the relevant applicant with a copy of the request, personally
or by mail. Hearing requests should be received by the SEC by 5:30 p.m.
on January 13, 2015, and should be accompanied by proof of service on
applicants, in the form of an affidavit or, for lawyers, a certificate
of service. Pursuant to Rule 0-5 under the Act, hearing requests should
state the nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by writing to the Commission's Secretary.

ADDRESSES: The Commission: Brent J. Fields, Secretary, U.S. Securities
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

FOR FURTHER INFORMATION CONTACT: Diane L. Titus at<PHONE_NUMBER>, SEC,
Division of Investment Management, Chief Counsel's Office, 100 F Street
NE., Washington, DC 20549-8010.

Morgan Creek Global Equity Long/Short Fund [File No. 811-22460]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On June 30,
2012, applicant made a liquidating distribution to its shareholders,
based on net asset value. Applicant incurred no expenses in connection
with the liquidation.
    Filing Date: The application was filed on December 10, 2014.
    Applicant's Address: 301 West Barbee Chapel Rd., Suite 200, Chapel
Hill, NC 27517.

WY Funds [File No. 811-21675]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On September 26, 2014, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $2,400 incurred in connection with the liquidation were
paid by Wertz York Capital Management Group, LLC, applicant's
investment adviser.
    Filing Date: The application was filed on December 5, 2014.
    Applicant's Address: 5502 N. Nebraska Ave., Tampa, FL 33604.

Pax World Funds Trust II [File No. 811-22187]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its assets to Pax World
Funds Series Trust I, and on March 31, 2014, made a distribution to its
shareholders based on net asset value. Expenses of approximately
$419,000 incurred in connection with the reorganization were paid by
the acquiring fund and Pax World Management LLC, applicant's investment
adviser.
    Filing Date: The application was filed on December 2, 2014.
    Applicant's Address: 30 Penhallow Street, Suite 400, Portsmouth, NH
03801.

COUNTRY Mutual Funds Trust [File No. 811-10475]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On October 31, 2013, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $57,097 incurred in connection with the liquidation were
paid by applicant and COUNTRY Fund Management, applicant's investment
adviser.
    Filing Date: The application was filed on November 25, 2014.
    Applicant's Address: 1705 North Towanda Ave., Bloomington, IL
61702.

BlackRock Income Opportunity Trust, Inc. [File No. 811-6443]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. Applicant
transferred its assets to BlackRock Core Bond Trust, and on November
10, 2014, made a distribution to its shareholders based on net asset
value. Expenses of approximately $409,641 incurred in connection with
the reorganization were paid by applicant and BlackRock Advisors, LLC,
applicant's investment adviser.
    Filing Date: The application was filed on November 21, 2014.
    Applicant's Address: 100 Bellevue Pkwy., Wilmington, DE 19809.

J.P. Morgan Series Trust II [File No. 811-8212]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant transferred its assets to JPMorgan
Insurance Trust, and on April 24, 2009, made distributions to its
shareholders based on net asset value. Expenses of $676,471 incurred in
connection with the reorganization were paid by J.P. Morgan Investment
Management Inc. and JPMorgan Funds Management, Inc., applicant's
investment adviser and administrator, and JPMorgan Investment Advisors
Inc., investment adviser to the acquiring fund.
    Filing Dates: The application was filed on July 3, 2012, and
amended on September 13, 2012 and November 7, 2014.
    Applicant's Address: 270 Park Ave., New York, NY 10017.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-30278 Filed 12-24-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 5 (Tuesday, January 8, 2013)]
[Notices]
[Pages 1278-1280]
[FR Doc No: 2013-00122]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68555; File No. SR-FICC-2012-07]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Order Approving Proposed Rule Change Relating to Enhancements That the
Mortgage-Backed Securities Division Intends To Implement to its
Services and Certain Other Clarifications and Corrections to Its Rules

 January 2, 2013.

I. Introduction

    On November 6, 2012, the Fixed Income Clearing Corporation
(``FICC'' or the ``Corporation'') filed with the Securities and
Exchange Commission (``Commission'') proposed rule change SR-FICC-2012-
07 pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19ba-4 thereunder.\2\ The proposed rule change
was published for comment in the Federal Register on November 21,
2012.\3\ No comments letters were received on the proposed rule change.
This order approves the proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Securities Exchange Act Release No. 68245 (November 15,
2012), 77 FR 69913 (November 21, 2012).
---------------------------------------------------------------------------

II. Description

    The proposed rule change relates to certain enhancements that the
Mortgage-Backed Securities Division (``MBSD'') of FICC intends to
implement to its services. In addition, FICC proposes to make certain
corrections and clarifications to the MBSD Rules. As noted below, some
of the proposed changes do not require revisions to the MBSD Rules.

1. Expansion of Pool Netting To Include Pool Instructs From the
Previous Settlement Months

    MBSD proposed to further extend pool netting benefits to its
members by capturing Pool Instructs \4\ submitted for allocations made
after the traded pool's settlement month has passed. The proposed
changes allow more activity into the pool net which results in fewer
settlements.
---------------------------------------------------------------------------

    \4\ A Pool Instruct is an input used by a member to submit pool
details directly into the Real-Time Trade Matching [supreg]
(``RTTM[supreg]'') system for bilateral matching and assignment to a
corresponding open TBA position as a prerequisite to the pool
netting process.
---------------------------------------------------------------------------

    Currently, MBSD's pool netting process only nets Pool Instructs for
the current delivery date if their corresponding contractual settlement
dates (``CSD'') are also in the current month.\5\ For example, with
respect to a delivery date of August 14, 2012, MBSD's pool netting
process would only net Pool Instructs having a CSD ranging from August
1, 2012 through August 14, 2012 and having a delivery date of August
14, 2012. As such, only Pool Instructs having a CSD in the current
month will be included in pool netting.
---------------------------------------------------------------------------

    \5\ See MBSD Rule 8 Section 3.
---------------------------------------------------------------------------

    The proposed new process will net Pool Instructs from previous
settlement months that are submitted for delivery dates in the current
month. For example, if we assume that today is August 13, 2012, and a
member submits multiple Pool Instructs all having a CSD equal to July
12, 2012 and a delivery date equal to August 14, 2012, on the evening
of August 13th, these Pool Instructs would be netted against each other
to arrive at a single pool net settlement position for the July 12,
2012 CSD and August 14th delivery date.
    The proposed changes do not require revisions to the text of the
MBSD Rules.

2. Notification of Settlement for Specified Pool Trades

    A Notification of Settlement (``NOS'') is an instruction submitted
to the Corporation by a purchasing or selling clearing member which
reflects the settlement of a Settlement Balance Order Trade, Trade-for-
Trade Transaction or Specified Pool Trade (``SPT'').\6\ MBSD is
proposing to change the manner in which NOS processing occurs for SPTs
so that it follows similar processing rules as those applied to NOS for
Settlement Balance Order Trades and Trade-for-Trade Transactions.
---------------------------------------------------------------------------

    \6\ See MBSD Rule 1, Definitions.
---------------------------------------------------------------------------

    Currently, MBSD Rule 10 Section 2 states that the trade details for
a NOS submitted by both parties of a SPT must fully match in order for
the clearance of the SPTs to be reflected on the member's Purchase and
Sale Report \7\ or both parties must submit a cancellation of the
transaction in order for the transaction to be deleted from each
party's respective Open Commitment Report.\8\
---------------------------------------------------------------------------

    \7\ ``Purchase and Sale Report'' is defined as the report
furnished by the Corporation reflecting a member's Compared Trades
in Eligible Securities.'' See MBSD Rule 1, Definitions.
    \8\ ``Open Commitment Report'' is defined as the report
furnished by the Corporation to members reflecting such member's
open commitments in the Clearing System. See MBSD Rule 1,
Definitions.
---------------------------------------------------------------------------

    MBSD proposed to enhance the NOS for SPTs by no longer requiring
the current face value submitted on each

member's NOS to exactly match the current face value of the SPT.
Instead, members will have the ability to submit and match multiple NOS
to reduce the SPT current face until it is fully settled. For example,
if a SPT has a current face value of $125MM and the pool number of the
trade has a factor of 0.975, FICC will accept either (a) one piece of
NOS for $125,000,000 or (b) three pieces of NOS for $48,750,000,
$48,750,000 and $27,500,000. The current face values equal an original
face settlement value of $50,000,000, $50,000,000 and $28,205,128.
    In addition to the above, MBSD will apply a tolerance of +/- $1
when matching buy and sell NOS for SPT trades to account for
differences in rounding conventions used by members to convert original
face to current face on their NOS.
    The proposed changes will make NOS for SPTs similar to NOS for
Settlement Balance Order Trades and Trade-for-Trade Transactions
whereby matching is permitted within a tolerance and multiple NOS may
be submitted and matched separately until the trade is fully settled.
    The proposed changes require revisions to the text of the MBSD
Rules.

3. Comparison of Dummy Pool Number to Valid Pool Number

    FICC supports the submission of a defined generic or ``dummy'' pool
number on NOS instead of a valid pool number. A dummy pool is a
standard convention used by members when the actual pool number is not
readily available to some members. Currently, the pool number is a
matching criterion on NOS. Consequently, if one member submits a dummy
pool number and the other enters a valid pool number the NOS will not
compare even though all of the other matching criteria are the same. In
an effort to address this, FICC is proposing to change its processing
in order to allow matching of NOS when all mandatory terms compare and
one member submits a dummy pool number and the other member submits a
valid pool.
    The proposed changes do not require revisions to the text of the
MBSD Rules.

4. Automatically Marking Certain Open TBA Trades as Fully Settled

    Mortgage-backed securities trades settle with an industry-accepted
variance of 0.01% (i.e., $100 per $1MM). When FICC applies NOS to open
trades, it does so using the upper limit of the variance to ensure that
trades are not marked as fully settled until all NOS have been received
and processed by FICC. However, because trades may settle using any
value within the variance, FICC's processing may leave residual trade
amounts open on its books for trades that have actually been fully
settled. To address this, FICC is proposing to automatically generate
internal NOS which will mark the residual trade as fully settled. The
FICC generated NOS will occur on the last business day of each month,
in every instance where a member has a To-Be-Announced (``TBA'') trade
with an open par that falls below an established threshold. The
threshold is initially contemplated to be $1000 par, however, this may
be modified following member feedback. All changes to the threshold
will be provided in advance to members via Important Notice.
    The proposed changes require revisions to the text of the MBSD
Rules.

5. Corrections and Clarification to the MBSD Rules

    The MBSD Rules define the term ``Fully Compared'' as ``* * * trade
input submitted by a Broker matches trade input submitted by each
Dealer on whose behalf the Broker is acting the Net Position Match
Mode.'' \9\ The phrase ``in accordance with'' was inadvertently deleted
from this definition when it was revised in connection with Amendment
No. 1 to SR-FICC-2008-01.\10\ FICC proposes to restore this phrase so
that the definition states the following: ``* * * trade input submitted
by a Broker matches trade input submitted by each Dealer on whose
behalf the Broker is acting in accordance with the Net Position Match
Mode.''
---------------------------------------------------------------------------

    \9\ See MBSD Rule 1, Definitions.
    \10\ Securities Exchange Act Release No. 66550 (March 9, 2012);
77 FR 15155 (March 14, 2012).
---------------------------------------------------------------------------

    In the second to last paragraph of MBSD Rule 2A Section 1, there is
a sentence which states that the Corporation will determine whether the
applicants in ``categories (g and i)'' of the referenced Section will
be designated as tier one or tier two members. FICC proposes to correct
the typographical error in the cross-reference so that it instead
references ``categories (g) and (i).''
Implementation
    FICC proposes to implement the proposed changes relating to the
MBSD enhancements during the second quarter of 2013 pending rule filing
approval from the Securities and Exchange Commission. The proposed
changes relating to the clarifications and corrections of the
referenced rules will be effective immediately upon receipt of rule
filing approval.

III. Discussion

    Section 19(b)(2)(C) of the Act \11\ directs the Commission to
approve a proposed rule change of a self-regulatory organization if it
finds that such proposed rule change is consistent with the
requirements of the Act and the rules and regulations thereunder
applicable to such organization. Section 17A(b)(3)(F) of the Act \12\
requires, among other things, that the rules of the clearing agency are
designed to promote the prompt and accurate clearance and settlement of
securities transactions.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78s(b)(2)(C).
    \12\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

    The proposed changes to FICC's Rules are consistent with promoting
the prompt and accurate clearance and settlement of securities
transactions in the following ways: (1) The expansion of the pool
netting system extends the netting benefits to clearing members by
capturing allocations made after the traded pools current settlement
month, (2) the change in NOS processing for SPTs creates efficiency
through the standardization of NOS processing for TBA trades, (3)
automatically marking certain TBA trades as fully settled improves the
monitoring and reporting of trade settlement status and (4) allowing
the comparison of dummy Pool number to valid pool number provides for
timelier matching of NOS. Each of these enhancements creates a more
efficient netting system which promotes the prompt and accurate
clearance and settlement for securities transactions. Furthermore, the
clarifications and corrections to the MBSD Rules ensure that the Rules
are accurate. As a result, the proposed rule change is consistent with
the requirements of Section 17A(b)(3)(F) of the Act.\13\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78q-1(b)(3)(F).
---------------------------------------------------------------------------

IV. Conclusion

    On the basis of the foregoing, the Commission finds that the
proposal is consistent with the requirements of the Act and in
particular with the requirements of Section 17A of the Act \14\ and the
rules and regulations thereunder.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78q-1.
---------------------------------------------------------------------------

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\15\ that the proposed rule change, as amended, (File No. SR-FICC-
2012-07) be, and hereby is, approved.\16\
---------------------------------------------------------------------------

    \15\ 15 U.S.C. 78s(b)(2).
    \16\ In approving the proposed rule change, the Commission
considered the proposal's impact on efficiency, competition and
capital formation. 15 U.S.C. 78c(f).

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

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\17\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00122 Filed 1-7-13; 8:45 am]
BILLING CODE 8011-01-P