[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Notices]
[Pages 370-378]
[FR Doc No: 2019-28362]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-87863; File No. SR-CboeBZX-2019-109]

Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To List
Shares of the ARK Genomic Revolution ETF and ARK Autonomous Technology
and Robotics ETF Under Rule 14.11(i), Managed Fund Shares

December 27, 2019.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on December 23, 2019, Cboe BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and II
below, which Items have been prepared by the Exchange. The Exchange
filed the proposal as a ``non-controversial'' proposed rule change
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder.\4\ The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes a rule change to list shares of the ARK
Genomic Revolution ETF and ARK Autonomous Technology and Robotics ETF
under Rule 14.11(i) (``Managed Fund Shares''), which are currently
listed on NYSE Arca, Inc. (``Arca''). The shares of the Fund are
referred to herein as the ``Shares.'' The Exchange has designated this
proposal as non-controversial and provided the Commission with the
notice required by Rule 19b-4(f)(6)(iii) under the Act.\5\
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    \5\ 17 CFR 240.19b-4(f)(6)(iii).
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    The text of the proposed rule change is also available on the
Exchange's website (http://markets.cboe.com/us/equities/regulation/rule_filings/bzx/), at the Exchange's Office of the Secretary, and at
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
sections A, B, and C below, of the most significant aspects of such
statements.

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

1. Purpose
    The Exchange proposes to list shares of the ARK Genomic Revolution
ETF and ARK Autonomous Technology and Robotics ETF under Rule 14.11(i)
(``Managed Fund Shares'') (each, a ``Fund'' and, collectively, the
``Funds''), which governs the listing and trading of Managed Fund
Shares on the Exchange.\6\ The Exchange notes that the Commission
previously approved a proposal to list and trade shares of the Funds on
NYSE Arca, Inc. (``Arca'').\7\ This proposal is substantively identical
to the Prior Proposal and the issuer represents that all material
representations contained within the Prior Proposal remain true. The
Exchange notes that the Prior Proposal included two additional funds
(the ARK Innovation ETF and the ARK Web x.0 ETF). The Exchange also
notes that the Prior Proposal refers to the ARK Industrial Innovation
ETF, which was subsequently renamed to the ARK Autonomous Technology
and Robotics ETF. As further described below, the Exchange believes
that its surveillance procedures are adequate to properly monitor the
trading of the Shares on the Exchange during all trading sessions and
to deter and detect violations of Exchange rules and the applicable
federal securities laws. Trading of the Shares through the Exchange
will be subject to the Exchange's surveillance procedures for
derivative products, including Managed Fund Shares.
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    \6\ The Commission approved BZX Rule 14.11(i) in Securities
Exchange Act Release No. 65225 (August 30, 2011), 76 FR 55148
(September 6, 2011) (SR-BATS-2011-018).
    \7\ See Securities Exchange Act Release No. 72641 (July 18,
2014), 79 FR 43108 (July 18, 2014) (SR-NYSEArca-2014-64) (the
``Prior Proposal'').
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    The Shares will be offered by ARK ETF Trust (the ``Trust''), which
is organized as a Delaware statutory trust and is registered with the
Commission as an open-end management investment company.

Description of the Shares and the Fund
    ARK Investment Management LLC (``Adviser'') serves as the
investment adviser to the Funds. Foreside Fund Services, LLC
(``Distributor'') is the principal underwriter and distributor of the
Funds' Shares. The Bank of New York Mellon serves as administrator,
custodian and transfer agent (``Administrator'').
    Rule 14.11(i)(7) provides that, if the investment adviser to the
investment company issuing Managed Fund Shares is affiliated with a
broker-dealer, such investment adviser shall erect a ``fire wall''
between the investment adviser and the broker-dealer with respect to
access to information concerning the composition and/or changes to such
investment company portfolio.\8\ In addition, Rule 14.11(i)(7) further
requires that personnel who make decisions on the investment company's
portfolio composition must be subject to procedures designed to prevent
the use and dissemination of material nonpublic information regarding
the applicable investment company portfolio. Rule 14.11(i)(7) is
similar to Rule 14.11(b)(5)(A)(i), however, Rule 14.11(i)(7) in
connection with the establishment of a ``fire wall'' between the
investment adviser and the broker-dealer reflects the applicable open-
end fund's portfolio, not an underlying benchmark index, as is the case
with index-based funds. The Adviser is not registered as a broker-
dealer and is not affiliated with a broker-dealer. In the event that
(a) the Adviser or any sub-adviser becomes, or becomes newly affiliated
with, a broker-dealer, or (b) any new adviser or sub-adviser is, or
becomes affiliated with, a broker-dealer, it will implement a fire wall
with respect to its relevant personnel or such broker-dealer affiliate,
as applicable, regarding access to information concerning the
composition and/or changes to a portfolio, and will be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding such portfolio.
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    \8\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940, as amended
(the ``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.
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ARK Genomic Revolution ETF
    According to the Registration Statement, the ARK Genomic Revolution
ETF's investment objective is long-term growth of capital.
    According to the Registration Statement, the Fund will invest under
Normal Market Conditions \9\ primarily (at least 80% of its assets) in
domestic and foreign equity securities of companies that are relevant
to the Fund's investment theme of genomics. Companies relevant to this
theme are those that are focused on and are expected to benefit from
extending and enhancing the quality of human and other life by
incorporating technological and scientific developments, improvements
and advancements in genetics into their business, such as by offering
new products or services that rely on genetic sequencing, analysis,
synthesis or instrumentation. These companies may include ones that
develop, produce, manufacture or significantly rely on bionic devices,
bio-inspired computing, bioinformatics, molecular medicine, and
agricultural biology.
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    \9\ As defined in Rule 14.11(i)(3)(E), the term ``Normal Market
Conditions'' includes, but is not limited to, the absence of trading
halts in the applicable financial markets generally; operational
issues causing dissemination of inaccurate market information or
system failures; or force majeure type events such as natural or
man-made disaster, act of God, armed conflict, act of terrorism,
riot or labor disruption, or any similar intervening circumstance.
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    In selecting companies that the Adviser believes are relevant to a
particular investment theme, it will seek to identify, using its own
internal research and analysis, companies capitalizing on disruptive
innovation or that are enabling the further development of a theme in
the markets in which they operate. The Adviser's internal research and
analysis will leverage insights from diverse sources, including
external research, to develop and refine its investment themes and
identify and take advantage of trends that have ramifications for
individual companies or entire industries. The Adviser will use both
``top down'' (macro-economic and business cycle analysis) and ``bottom
up'' (valuation, fundamental and quantitative measures) approaches to
select investments for the Fund.
    Under Normal Market Conditions, substantially all of the Fund's
assets will be invested in equity securities, including common stocks,
partnership interests, business trust shares and other equity
investments or ownership interests in business enterprises.\10\
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    \10\ According to the Adviser, at least 90% of the Fund's
investments in equity securities (including Global Depositary
Receipts (``GDRs''), American Depositary Receipts (``ADRs''),
rights, warrants and preferred securities, discussed under ``Other
Investments,'' below) will be in securities that trade in markets
that are members of the Intermarket Surveillance Group (``ISG'') or
are parties to a comprehensive surveillance sharing agreement with
the Exchange.
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    According to the Registration Statement, the Fund's investments
will include issuers of micro-, small-, medium- and large-
capitalizations. The Fund's investments in foreign equity securities
will be in both developed and emerging markets.\11\
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    \11\ The Adviser generally considers emerging market countries
to be developing market countries whose gross domestic product per
person is classified below ``high income'' by the World Bank
(``Emerging Markets''). Investments in Emerging Markets equity
securities will not exceed 20% of a Fund's total assets.
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    According to the Registration Statement, the Fund will be
concentrated in issuers in any industry or group of industries in the
health care sector. Issuers in the health care sector include
manufacturers and distributors of health care equipment and supplies,
owners and operators of health care facilities, health maintenance
organizations and managed health care plans, health care providers and
issuers that provide services to health care providers.
ARK Autonomous Technology and Robotics ETF
    According to the Registration Statement, the ARK Autonomous
Technology and Robotics ETF's investment objective is long-term growth
of capital.
    According to the Registration Statement, the Fund will invest under
Normal Market Conditions primarily (at least 80% of its assets) in
domestic and foreign equity securities of companies that are relevant
to the Fund's investment theme of disruptive innovation. Companies
relevant to this theme are those that are expected to focus on and
benefit from the development of new products or services, technological
improvements and advancements in scientific research related to, among
other things, disruptive innovation in energy (``energy transformation
companies''),

automation and manufacturing (``automation transformation companies''),
artificial intelligence (``artificial intelligence companies''),
materials, and transportation.\12\
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    \12\ According to the Registration Statement, the Adviser will
consider a company to be an energy transformation company if it
seeks to capitalize on innovations or evolutions in: (i) Ways that
energy is stored or used; (ii) the discovery, collection and/or
implementation of new sources of energy, including unconventional
sources of oil or natural gas and/or (iii) the production or
development of new materials for use in commercial applications of
energy production, use or storage. The Adviser will consider a
company to be an automation transformation company if it is focused
on man capitalizing on the productivity of machines, such as through
the automation of functions, processes or activities previously
performed by human labor or the use of robotics to perform other
functions, activities or processes. The Adviser will consider a
company to be an artificial intelligence (``AI'') company if it (i)
designs, creates, integrates, or delivers robotics, autonomous
technology, and/or AI in the form of products, software, or systems;
(ii) develops the building block components for robotics, autonomous
technology, or AI, such as advanced machinery, semiconductors and
databases used for machine learning; (iii) provides its own value-
added services on top of such building block components, but are not
core to the company's product or service offering; and/or (iv)
develops computer systems that are able to perform tasks that
normally require human intelligence, such as visual perception,
speech recognition, decision-making, and translation between
languages.
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    According to the Registration Statement, in selecting companies
that the Adviser believes are relevant to a particular investment
theme, it will seek to identify, using its own internal research and
analysis, companies capitalizing on disruptive innovation or that are
enabling the further development of a theme in the markets in which
they operate. The Adviser's internal research and analysis will
leverage insights from diverse sources, including external research, to
develop and refine its investment themes and identify and take
advantage of trends that have ramifications for individual companies or
entire industries. The Adviser will use both ``top down'' (macro-
economic and business cycle analysis) and ``bottom up'' (valuation,
fundamental and quantitative measures) approaches to select investments
for the Fund.
    Under Normal Market Conditions, substantially all of the Fund's
assets will be invested in equity securities, including common stocks,
partnership interests, business trust shares and other equity
investments or ownership interests in business enterprises.\13\
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    \13\ According to the Adviser, at least 90% of the Fund's
investments in equity securities (including GDRs, ADRs, rights,
warrants and preferred securities, discussed under ``Other
Investments,'' below) will be in securities that trade in markets
that are members of the ISG or are parties to a comprehensive
surveillance sharing agreement with the Exchange.
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    According to the Registration Statement, the Fund's investments
will include issuers of micro-, small-, medium- and large-
capitalizations. The Fund's investments in foreign equity securities
will be in both developed and Emerging Markets.
    According to the Registration Statement, the Fund will be
concentrated in issuers in any industry or group of industries in the
industrials \14\ and information technology sectors, although it will
not concentrate in any specific industry.\15\
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    \14\ According to the Registration Statement, the industrials
sector includes companies engaged in the manufacture and
distribution of capital goods, such as those used in defense,
construction and engineering, companies that manufacture and
distribute electrical equipment and industrial machinery and those
that provide commercial and transportation services and supplies.
    \15\ According to the Registration Statement, the information
technology sector includes software developers, providers of
information technology consulting and services and manufacturers and
distributors of computers, peripherals, communications equipment and
semiconductors.
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Other Investments
    While each Fund will invest, under Normal Market Conditions,
primarily in the equity securities described above, each Fund may
invest in other investments, as described below. Under Normal Market
Conditions, such other investments will not exceed 20% of a Fund's
assets.
    According to the Registration Statement, each Fund may invest in
the securities of open-end or closed-end investment companies, subject
to applicable limitations under the 1940 Act. A Fund's investment in
other investment companies may include shares of exchange traded funds
registered under the 1940 Act (``ETFs''),\16\ closed-end investment
companies (which include business development companies), unit
investment trusts, and other open-end investment companies. In
addition, the Funds may invest in other exchange-traded products
(``ETPs'') such as commodity pools,\17\ or other entities that are
traded on an exchange.
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    \16\ For purposes of this filing, ETFs, which will be listed on
a national securities exchange, shall mean the following: Investment
Company Units (as described in BZX Rule 14.11(c)); Portfolio
Depositary Receipts (as described in BZX Rule 14.11 (b)); and
Managed Fund Shares (as described in BZX Rule 14.11(i)).
    \17\ For purposes of this filing, ETPs shall mean Trust Issued
Receipts (as described in BZX Rule 14.11(f)); Commodity-Based Trust
Shares (as described in BZX Rule 14.11(e)(4)); Currency Trust Shares
(as described in BZX Rule 14.11(e)(5)); Commodity Index Trust Shares
(as described in BZX Rule 14.11(e)(6)); and Trust Units (as
described in BZX Rule 14.11(e)(9)).
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    In addition, according to the Registration Statement, each Fund may
use derivative instruments. Specifically, the Funds may use options,
futures, swaps and forwards, for hedging or risk management purposes or
as part of its investment practices. Derivative instruments are
contracts whose value depends on, or is derived from, the value of an
underlying asset, reference rate or index. These underlying assets,
reference rates or indices may be any one of the following: Stocks,
interest rates, currency exchange rates and stock indices.
    The options in which the Funds may invest may be exchanged-traded
or OTC. The exchange-traded options in which the Funds may invest will
trade on markets that are members of the ISG or parties to a
comprehensive surveillance sharing agreement with the Exchange. The
futures in which the Funds may invest will be exchange-traded. Each
Fund will not invest more than 10% of its assets in futures that trade
in markets that are not members of the ISG or parties to a
comprehensive surveillance sharing agreement with the Exchange. The
swaps in which the Funds will invest may be cleared swaps or non-
cleared. The Funds will collateralize their obligations with liquid
assets consistent with the 1940 Act and interpretations thereunder.
    The Funds will only enter into transactions in derivative
instruments with counterparties that the Adviser reasonably believes
are capable of performing under the contract and will post as
collateral as required by the counterparty. The Funds will seek, where
possible, to use counterparties, as applicable, whose financial status
is such that the risk of default is reduced; however, the risk of
losses resulting from default is still possible. The Adviser will
evaluate the creditworthiness of counterparties on a regular basis. In
addition to information provided by credit agencies, the Adviser will
review approved counterparties using various factors, which may include
the counterparty's reputation, the Adviser's past experience with the
counterparty and the price/market actions of debt of the counterparty.
    According to the Registration Statement, the Funds may invest in
currency forwards. A currency forward transaction is a contract to buy
or sell a specified quantity of currency at a specified date in the
future at a specified price which may be any fixed number of days from
the date of the contract agreed upon by the parties, at a price set at
the time of the contract. Currency forward contracts may be used to
increase or reduce exposure to currency price movements.

    According to the Registration Statement, the Funds may enter into
futures contracts and options, including options on futures contracts.
Futures contracts generally provide for the future sale by one party
and purchase by another party of a specified instrument, index or
commodity at a specified future time and at a specified price. Futures
contracts are standardized as to maturity date and underlying
instrument and are traded on futures exchanges. An option is a contract
that provides the holder the right to buy or sell shares or futures at
a fixed price, within a specified period of time.
    According to the Registration Statement, the Funds may invest in
participation notes (``P-Notes''). P-Notes are issued by banks or
broker-dealers and are designed to offer a return linked to the
performance of a particular underlying equity security or market. P-
Notes can have the characteristics or take the form of various
instruments, including, but not limited to, certificates or warrants.
    According to the Registration Statement, each Fund may invest in
repurchase agreements with commercial banks, brokers or dealers and to
invest securities lending cash collateral. A repurchase agreement is an
agreement under which a Fund acquires a money market instrument from a
seller, subject to resale to the seller at an agreed upon price and
date.
    According to the Registration Statement, the Funds may invest in
structured notes. A structured note is a derivative security for which
the amount of principal repayment and/or interest payments is based on
the movement of one or more ``factors.'' These factors include, but are
not limited to, currency exchange rates, interest rates (such as the
prime lending rate or LIBOR), referenced bonds and stock indices.
    Each Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid investments that are assets (calculated at the time
of investment), as deemed ``illiquid'' by the Adviser under the 1940
Act.\18\ Each 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 investments that
are assets.
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    \18\ See Rule 22e-4(b)(1)(iv), which prohibits a fund from
acquiring any illiquid investment if, immediately after the
acquisition, the fund would have invested more than 15% of its net
assets in illiquid investments that are assets. See also, Investment
Company Act Release No. 32315 (Oct. 13, 2016), 81 FR 82142 (Nov. 18,
2016) (adopting Rule 22e-4 under the 1940 Act). Prior to the
adoption of Rule 22e-4 in 2016, the Commission had long-standing
guidelines that required open-end funds to hold no more than 15% of
their net assets in illiquid securities and other illiquid assets.
See Investment Company Act Release No. 28193 (March 11, 2008), 73 FR
14618 (March 18, 2008), footnote 34. See also Investment Company Act
Release Nos. 5847 (October 21, 1969), 35 FR 19989 (December 31,
1970) (Statement Regarding ``Restricted Securities''); and
Investment Company Act Release 18612 (March 12, 1992), 57 FR 9828
(March 20, 1992) (Revisions of Guidelines to Form N-1A).
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    Each Fund will be classified as a ``non-diversified'' investment
company under the 1940 Act \19\ and therefore may concentrate its
investments in any particular industry or group of industries, such
that: (i) ARK Genomic Revolution ETF will concentrate in securities of
issuers having their principal business activities in any industry or
group of industries in the health care sector; and (ii) ARK Autonomous
Technology and Robotics ETF will concentrate in securities of issuers
having their principal business activities in any industry or group of
industries in the industrials sector or the information technology
sector.\20\ Each Fund will consider an issuer to have its ``principal
business activities'' in an industry or group of industries if the
issuer derives more than 50% of its revenues from a business considered
to be a part of such industry or group of industries according to a
third party's industry classification system or that of the Adviser.
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    \19\ The diversification standard is set forth in Section
5(b)(1) of the 1940 Act.
    \20\ See Form N-1A, Item 9. The Commission has taken the
position that a fund is concentrated if it invests more than 25% of
the value of its total assets in any one industry. See, e.g.,
Investment Company Act Release No. 9011 (October 30, 1975), 40 FR
54241 (November 21, 1975).
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    The Funds intend to qualify for and to elect treatment as a
separate regulated investment company (``RIC'') under Subchapter M of
the Internal Revenue Code.\21\
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    \21\ 26 U.S.C. 851 et seq.
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    According to the Registration Statement, each Fund may take a
temporary defensive position (investments in cash or cash equivalents)
in response to adverse market, economic, political or other
conditions.\22\ Cash equivalents shall mean short-term high quality
debt securities and money market instruments such as commercial paper,
certificates of deposit, bankers' acceptances, U.S. Government
securities, repurchase agreements and bonds that are rated BBB or
higher and shares of short-term fixed income or money market funds.
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    \22\ According to the Adviser, circumstances under which a Fund
may temporarily depart from its normal investment process include,
but are not limited to, extreme volatility or trading halts in the
equity markets or the financial markets generally; operational
issues causing dissemination of inaccurate market information; or
force majeure type events such as systems failure, natural or man-
made disaster, act of God, armed conflict, act of terrorism, riot or
labor disruption or any similar intervening circumstance.
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Initial and Continued Listing
    The Shares will be subject to BZX Rule 14.11(i), which sets forth
the initial and continued listing criteria applicable to Managed Fund
Shares. The Exchange represents that, for initial and continued
listing, the Fund must be in compliance with Rule 10A-3 under the
Act.\23\ A minimum of 100,000 Shares will be outstanding at the
commencement of listing on the Exchange. The Exchange will obtain a
representation from the issuer of the Shares that the NAV per Share
will be calculated daily and that the NAV and the Disclosed Portfolio
will be made available to all market participants at the same time.
Each Fund's investments will be consistent with its respective
investment objective in accordance with the 1940 Act and will not be
used to enhance leverage. Each Fund's investments will not be used to
seek performance that is the multiple or inverse multiple (i.e., 2Xs or
3Xs) of the Fund's broad-based securities market index (as defined in
Form N-1A).\24\ All statements and representations made in this filing
regarding (a) the description of each Fund's portfolio or reference
assets, (b) limitations on portfolio holdings or reference assets, (c)
the dissemination and availability of the intraday indicative value and
reference assets, or (d) the applicability of Exchange rules and
surveillance procedures shall constitute continued listing requirements
for listing the Shares on the Exchange.
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    \23\ See 17 CFR 240.10A-3.
    \24\ Each Fund's broad-based securities market index will be
identified in a future amendment to the Registration Statement
following each Fund's first full calendar year of performance.
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Creation and Redemption of Shares
    According to the Registration Statement, each Fund will issue, sell
and redeem Shares only in aggregations of a specified number of Shares
(each, a ``Creation Unit'') on a continuous basis at its net asset
value (``NAV'') next determined after receipt, on any business day, of
an order in proper form. A Creation Unit currently consists of 50,000
Shares.

    According to the Registration Statement, the consideration for a
purchase of Creation Units will generally consist of an in-kind deposit
of specified securities that would be consistent with the relevant
Fund's investment objective and portfolio (``Deposit Instruments'') and
an amount of cash (``Cash Amount'') or, as permitted or required by the
Fund, of cash. The Cash Amount together with the Deposit Instruments,
as applicable, are referred to as the ``Creation Deposit,'' which
represents the minimum initial and subsequent investment amount for
Creation Units. The Cash Amount represents the difference between the
NAV of a Creation Unit and the market value of Deposit Instruments.
    According to the Registration Statement, the Trust reserves the
right to accept a basket of securities or cash that differs from
Deposit Instruments or to permit or require the substitution of an
amount of cash (i.e., a ``cash in lieu'' amount) to be added to the
Cash Amount to replace any Deposit Instrument which may, among other
reasons, not be available in sufficient quantity for delivery, not be
permitted to be re-registered in the name of the Trust as a result of
an in-kind creation order pursuant to local law or market convention or
which may not be eligible for transfer through the clearing process, or
which may not be eligible for trading by a participating party.
    According to the Registration Statement, all orders to create
Creation Units must be received by the Distributor no later than the
end of Regular Trading Hours \25\ on the date such order is placed in
order for creation of Creation Units to be effected based on the NAV of
the relevant Fund as determined on such date.
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    \25\ Regular Trading Hours are 9:30 a.m. to 4:00 p.m. E.T.
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    According to the Registration Statement, Shares may be redeemed
only in Creation Units at their NAV next determined after receipt of a
redemption request in proper form by the Distributor, only on a
business day and only through an authorized participant.
    According to the Registration Statement, unless cash redemptions
are permitted or required for a Fund, the redemption proceeds for a
Creation Unit will generally consist of in-kind securities and
instruments (``Redemption Instruments'') as announced by the
Administrator on the business day of the request for redemption, plus
cash in an amount equal to the difference between the NAV of the Shares
being redeemed, as next determined after a receipt of a request in
proper form, and the value of the Redemption Instruments, less the
applicable fees. Should the Redemption Instruments have a value greater
than the NAV of the Shares being redeemed, a compensating cash payment
to the Trust equal to the differential plus the applicable redemption
transaction fee will be required to be arranged for by or on behalf of
the redeeming shareholder. Each Fund reserves the right to honor a
redemption request by delivering a basket of securities or cash that
differs from the Redemption Instruments.
    According to the Registration Statement, an order to redeem
Creation Units of a Fund will be deemed received on the transmittal
date if such order is received by the Distributor not later than 4:00
p.m. E.T. on such transmittal date and all other procedures are
properly followed; such order will be effected based on the NAV of a
Fund as next determined.
    According to the Registration Statement, the Administrator, through
the NSCC, will make available on each business day, immediately prior
to the opening of business on the Exchange (currently 9:30 a.m. E.T.),
(a) the list of the names and the required number of each Deposit
Instrument to be included in the current Creation Deposit (based on
information at the end of the previous business day) as well as the
Cash Amount for each Fund and (b) the Redemption Instruments that will
be applicable to redemption requests received in proper form on that
day. In addition, the Administrator, through the NSCC, also makes
available on a continuous basis throughout the day, the Intraday
Indicative Value.\26\
---------------------------------------------------------------------------

    \26\ The Intraday Indicative Value calculations are estimates of
the value of the Funds' NAV per Share using market data converted
into U.S. dollars at the current currency rates. The Intraday
Indicative Value price is based on quotes and closing prices from
the securities' local market and may not reflect events that occur
subsequent to the local market's close. Premiums and discounts
between the Intraday Indicative Value and the market price may
occur. This should not be viewed as a ``real-time'' update of the
NAV per Share of the Funds, which is calculated only once a day.
---------------------------------------------------------------------------

Availability of Information
    The Funds' website (www.ARK-Funds.com) will include a form of the
prospectus for the Funds that may be downloaded. The Funds' website
will include additional quantitative information updated on a daily
basis, including, for each Fund, (1) daily trading volume, the prior
business day's reported closing price, NAV and mid-point of the bid/ask
spread at the time of calculation of such NAV (the ``Bid/Ask
Price''),\27\ and a calculation of the premium and discount of the Bid/
Ask Price against the NAV, and (2) data in chart format displaying the
frequency distribution of discounts and premiums of the daily Bid/Ask
Price against the NAV, within appropriate ranges, for each of the four
previous calendar quarters. On each business day, before commencement
of trading in Shares during Regular Trading Hours on the Exchange, the
Adviser will disclose on its website the Disclosed Portfolio, as
defined in BZX Rule 14.11(i)(3)(B), that will form the basis for each
Fund's calculation of NAV at the end of the business day.\28\
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    \27\ The Bid/Ask Price of each Fund will be determined using the
mid-point of the highest bid and the lowest offer on the Exchange as
of the time of calculation of the relevant Fund's NAV. The records
relating to Bid/Ask Prices will be retained by the Funds and their
service providers.
    \28\ Under accounting procedures followed by the Funds, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Accordingly, the Funds
will be able to disclose at the beginning of the business day the
portfolio that will form the basis for the NAV calculation at the
end of the business day.
---------------------------------------------------------------------------

    On a daily basis, the Adviser will disclose for each portfolio
security and other financial instrument of the Funds the following
information on the Funds' website: Ticker symbol (if applicable), name
of security and/or financial instrument, number of shares, if
applicable, and dollar value of financial instruments and securities
held in the portfolio, and percentage weighting of the security and
financial instrument in the portfolio. The website information will be
publicly available at no charge.
    In addition, a basket composition file, which includes the security
names and share quantities, if applicable, required to be delivered in
exchange for a Fund's Shares, together with estimates and actual cash
components, will be publicly disseminated daily prior to the opening of
BZX via NSCC. The basket will represent one Creation Unit of the
relevant Fund.
    Investors will also be able to obtain the Trust's Statement of
Additional Information (``SAI''), the Funds' Shareholder Reports, and
the Trust's Form N-CSR and Form N-CEN. The Trust's SAI and Shareholder
Reports are available free upon request from the Trust, and those
documents and the Form N-CSR and Form N-CEN may be viewed on-screen or
downloaded from the Commission's website at www.sec.gov. Information
regarding market price and trading volume of the Shares will be
continually available on a real-time basis throughout the day on
brokers' computer screens and other electronic services. Information

regarding the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers.
    Quotation and last sale information for the Shares and underlying
securities that are exchange listed, including equities (including
common stock, partnership interests and business trust shares, as well
as depositary receipts (excluding ADRs traded OTC and GDRs), rights,
warrants, preferred securities, ETFs and ETPs (collectively, ``Exchange
Traded Equities'')), will be available via the Consolidated Tape
Association (``CTA'') high-speed line and from the securities exchange
on which they are listed. Quotation and last sale information for GDRs
will be available from the securities exchange on which they are
listed. Information relating to futures and options on futures also
will be available from the exchange on which such instruments are
traded. Information relating to exchange-traded options will be
available via the Options Price Reporting Authority. Quotation
information from brokers and dealers or pricing services will be
available for ADRs traded OTC, investment company securities (other
than ETFs), including closed end investment companies, unit investment
trusts and open-end investment companies, non-exchange-traded
derivatives, including forwards, swaps and certain options, and fixed
income securities, including P-Notes, structured notes, debt
securities, money market instruments such as commercial paper,
certificates of deposit, bankers' acceptances, U.S. Government
securities, repurchase agreements, bonds and convertible securities,
and shares of short-term fixed income or money market funds. Pricing
information regarding each asset class in which the Funds will invest
is generally available through nationally recognized data services
providers through subscription agreements.
    In addition, for each Fund, an estimated value, defined in BZX Rule
14.11(i)(3)(C) as the ``Intraday Indicative Value,'' that reflects an
estimated intraday value of a Fund's portfolio, will be disseminated.
Moreover, the Intraday Indicative Value 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 at
least every 15 seconds during the Exchange's Regular Trading Hours.\29\
In addition, the quotations of certain of the Fund's holdings may not
be updated during U.S. trading hours if such holdings do not trade in
the United States or if updated prices cannot be ascertained.
---------------------------------------------------------------------------

    \29\ Currently, it is the Exchange's understanding that several
major market data vendors display and/or make widely available
Intraday Indicative Values published via the Consolidated Tape
Association (``CTA'') or other data feeds.
---------------------------------------------------------------------------

    Additional information regarding the Trust and the Shares,
including investment strategies, risks, creation and redemption
procedures, fees, portfolio holdings disclosure policies, distributions
and taxes is included in the Registration Statement. All terms relating
to the Funds that are referred to, but not defined in, this proposed
rule change are defined in the Registration Statement.
Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Funds.\30\ Trading in Shares of the Funds
will be halted if the circuit breaker parameters in BZX Rule 11.18 have
been reached. 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. These may include: (1) The extent to which trading
is not occurring in the securities and/or the financial instruments
comprising the Disclosed Portfolio of the Funds; or (2) whether other
unusual conditions or circumstances detrimental to the maintenance of a
fair and orderly market are present. Trading in the Shares will be
subject to BZX Rule 11.18, which sets forth circumstances under which
Shares of a Fund may be halted.
---------------------------------------------------------------------------

    \30\ See BZX Rule 11.18.
---------------------------------------------------------------------------

Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. The Exchange will
allow trading in the Shares from 8:00 a.m. until 5:00 p.m. E.T. The
Exchange has appropriate rules to facilitate transactions in the Shares
during all trading sessions. As provided in BZX Rule 14.11(i)(2)(C),
the minimum price variation for quoting and entry of orders in Managed
Fund Shares traded on the Exchange is $0.01.
Surveillance
    The Exchange believes that its surveillance procedures are adequate
to properly monitor the trading of the Shares on the Exchange during
all trading sessions and to deter and detect violations of Exchange
rules and the applicable federal securities laws. Trading of the Shares
through the Exchange will be subject to the Exchange's surveillance
procedures for derivative products, including Managed Fund Shares.
    The Exchange will communicate as needed regarding trading in the
Shares and underlying Exchange Traded Equities, exchange traded options
and futures with other markets and other entities that are members of
the ISG, and the Exchange, or FINRA, on behalf of the Exchange, may
obtain trading information regarding trading in the Shares and
underlying Exchange Traded Equities, exchange traded options and
futures from such markets and other entities. In addition, the Exchange
may obtain information regarding trading in the Shares and underlying
Exchange Traded Equities, exchange traded options and futures from
markets and other entities that are members of ISG or with which the
Exchange has in place a comprehensive surveillance sharing
agreement.\31\ At least 90% of each Fund's investments in equity
securities (including GDRs and ADRs) will be in securities that trade
in markets that are members of the ISG or are parties to a
comprehensive surveillance sharing agreement with the Exchange. The
exchange-traded options in which the Funds may invest will trade on
markets that are members of the ISG or parties to a comprehensive
surveillance sharing agreement with the Exchange. Each Fund will not
invest more than 10% of its assets in futures that trade in markets
that are not members of the ISG or parties to a comprehensive
surveillance sharing agreement with the Exchange.
---------------------------------------------------------------------------

    \31\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio for each Fund may trade on markets that are
members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
Information Circular
    Prior to the commencement of listing on the Exchange, the Exchange
will inform its members in an Information Circular of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Circular will discuss the following: (1)
The procedures for purchases and redemptions of Shares in Creation
Units (and that Shares are not individually redeemable); (2) BZX Rule
3.7, which imposes suitability obligations on Exchange members with
respect to recommending transactions in the Shares to customers; (3)
how

information regarding the Intraday Indicative Value and the Disclosed
Portfolio is disseminated; (4) the risks involved in trading the Shares
during the Pre-Opening \32\ and After Hours Trading Sessions \33\ when
an updated Intraday Indicative Value will not be calculated or publicly
disseminated; (5) the requirement that members deliver a prospectus to
investors purchasing newly issued Shares prior to or concurrently with
the confirmation of a transaction; and (6) trading information.
---------------------------------------------------------------------------

    \32\ The Pre-Opening Session is from 8:00 a.m. to 9:30 a.m. E.T.
    \33\ The After Hours Trading Session is from 4:00 p.m. to 5:00
p.m. E.T.
---------------------------------------------------------------------------

    In addition, the Information Circular will advise members, prior to
the commencement of trading, of the prospectus delivery requirements
applicable to the Fund. Members purchasing Shares from the Funds for
resale to investors will deliver a prospectus to such investors. The
Information Circular will also discuss any exemptive, no-action, and
interpretive relief granted by the Commission from any rules under the
Act.
    In addition, the Information Circular will reference that each Fund
is subject to various fees and expenses described in the Registration
Statement. The Information Circular will also disclose the trading
hours of the Shares of each of the Funds and the applicable NAV
Calculation Time for the Shares. The Information Circular will disclose
that information about the Shares of the Fund will be publicly
available on each Fund's website. In addition, the Information Circular
will reference that the Trust is subject to various fees and expenses
described in each Fund's Registration Statement.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \34\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange notes that the Commission has previously approved the
listing and trading of the Shares.\35\ The Exchange believes that the
proposed rule change is designed to prevent fraudulent and manipulative
acts and practices in that the Shares will be listed and traded on the
Exchange pursuant to the applicable initial and continued listing
criteria in BZX Rule 14.11(i). The Exchange believes that its
surveillance procedures are adequate to properly monitor the trading of
the Shares on the Exchange during all trading sessions and to deter and
detect violations of Exchange rules and the applicable federal
securities laws. If the investment adviser to the investment company
issuing Managed Fund Shares is affiliated with a broker-dealer, such
investment adviser to the investment company shall erect a ``fire
wall'' between the investment adviser and the broker-dealer with
respect to access to information concerning the composition and/or
changes to such investment company portfolio. The Exchange will
communicate as needed regarding trading in the Shares and underlying
Exchange Traded Equities, exchange traded options and futures with
other markets and other entities that are members of the ISG, and may
obtain trading information regarding trading in the Shares and
underlying Exchange Traded Equities, exchange traded options and
futures from such markets and other entities. In addition, the Exchange
may obtain information regarding trading in the Shares and Exchange
Traded Equities, exchange traded options and futures from markets and
other entities that are members of ISG or with which the Exchange has
in place a comprehensive surveillance sharing agreement. At least 90%
of each Fund's investments in equity securities (including GDRs and
ADRs) will be in securities that trade in markets that are members of
the ISG or are parties to a comprehensive surveillance sharing
agreement with the Exchange. The exchange-traded options in which the
Funds may invest will trade on markets that are members of the ISG or
parties to a comprehensive surveillance sharing agreement with the
Exchange. Each Fund will not invest more than 10% of its assets in
futures that trade in markets that are not members of the ISG or
parties to a comprehensive surveillance sharing agreement with the
Exchange. Additionally, all statements and representations made in this
filing regarding (a) the description of each Fund's portfolio or
reference assets, (b) limitations on portfolio holdings or reference
assets, (c) the dissemination and availability of the intraday
indicative value and reference assets, or (d) the applicability of
Exchange rules and surveillance procedures shall constitute continued
listing requirements for listing the Shares on the Exchange.
---------------------------------------------------------------------------

    \35\ See Securities Exchange Act Release No. 72641 (July 18,
2014), 79 FR 43108 (July 18, 2014) (SR-NYSEArca-2014-64).
---------------------------------------------------------------------------

    The Adviser is not registered as a broker-dealer and is not
affiliated with a broker-dealer. In the event (a) the Adviser or any
sub-adviser becomes, or becomes newly affiliated with, a broker-dealer,
or (b) any new adviser or sub-adviser is, or becomes affiliated with, a
broker-dealer, it will implement a fire wall with respect to its
relevant personnel or broker-dealer affiliate, as applicable, regarding
access to information concerning the composition and/or changes to a
portfolio, and will be subject to procedures designed to prevent the
use and dissemination of material non-public information regarding such
portfolio. Each 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 consistent with Commission guidance. Each Fund's investments
will be consistent with its respective investment objective and will
not be used to enhance leverage.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the Exchange will obtain a representation from the issuer of the
Shares that the NAV per Share will be calculated daily and that the NAV
and the Disclosed Portfolio will be made available to all market
participants at the same time. In addition, a large amount of
information is publicly available regarding the Funds and the Shares,
thereby promoting market transparency. Moreover, the Intraday
Indicative Value will be widely disseminated by one or more major
market data vendors at least every 15 seconds during the Regular
Trading Hours. On each business day, before commencement of trading in
Shares in the Regular Trading Hours on the Exchange, the Adviser will
disclose on its website the Disclosed Portfolio that will form the
basis for the Funds' calculation of NAV at the end of the business day.
    Information regarding market price and trading volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. Quotation
and last sale information for the Shares and underlying securities that
are exchange listed, including Exchange Traded Equities, will be
available via the CTA high-speed line and from the securities exchange
on which they are listed. Quotation and last sale information for GDRs
will be available from the

securities exchange on which they are listed. Information relating to
futures and options on futures also will be available from the exchange
on which such instruments are traded.
    Information relating to exchange-traded options will be available
via the Options Price Reporting Authority. Quotation information from
brokers and dealers or pricing services will be available for ADRs
traded OTC, investment company securities (other than ETFs), including
closed end investment companies, unit investment trusts and open-end
investment companies, non-exchange-traded derivatives, including
forwards, swaps and certain options, and fixed income securities,
including P-Notes, structured notes, debt securities, money market
instruments such as commercial paper, certificates of deposit, bankers'
acceptances, U.S. Government securities, repurchase agreements, bonds
and convertible securities, and shares of short-term fixed income or
money market funds. Pricing information regarding each asset class in
which the Funds will invest is generally available through nationally
recognized data services providers through subscription agreements. The
website for the Funds will include a form of the prospectus for the
Funds and additional data relating to NAV and other applicable
quantitative information. Moreover, prior to the commencement of
listing on the Exchange, the Exchange will inform its Members in an
Information Circular of the special characteristics and risks
associated with trading the Shares. Trading in Shares of the Fund will
be halted under the conditions specified in BZX Rule 11.18. Trading may
also be halted because of market conditions or for reasons that, in the
view of the Exchange, make trading in the Shares inadvisable. Finally,
trading in the Shares will be subject to BZX Rule 14.11(i)(4)(B)(iv),
which sets forth circumstances under which Shares of the Fund may be
halted. As noted above, investors will also have ready access to
information regarding the Fund's holdings, the Intraday Indicative
Value, the Disclosed Portfolio, and quotation and last sale information
for the Shares.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
additional types of actively-managed exchange-traded products that will
enhance competition among market participants, to the benefit of
investors and the marketplace. As noted above, the Exchange may obtain
information regarding trading in the Shares from markets and other
entities that are members of ISG or with which the Exchange has in
place a comprehensive surveillance sharing agreement. In addition, as
noted above, investors will have ready access to information regarding
the Funds' holdings, the Intraday Indicative Value, the Disclosed
Portfolio, and quotation and last sale information for the Shares.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange notes that the
proposed rule change, rather, will facilitate the transfer from Arca
and listing of additional actively-managed exchange-traded products on
the Exchange, which will enhance competition among listing venues, to
the benefit of issuers, investors, and the marketplace more broadly.

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

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

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
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 \36\ and Rule 19b-
4(f)(6) thereunder.\37\
---------------------------------------------------------------------------

    \36\ 15 U.S.C. 78s(b)(3)(A).
    \37\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and text of the proposed rule change, at
least five business days prior to the date of filing of the proposed
rule change, or such shorter time as designated by the Commission.
The Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \38\ normally does not become operative for 30 days after the date
of its filing. However, Rule 19b-4(f)(6)(iii) \39\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has requested that the Commission waive the 30-day operative delay so
that the proposed rule change may become operative upon filing. The
Exchange states that waiver of the 30-day operative delay would allow
the Shares to be listed on the Exchange in December 2019, which would
allow the Funds to avoid paying 2020 listing fees to Arca, fees which
would otherwise be applied at the beginning of January 2020. Further,
the Commission notes that the proposal, with respect to the Funds, is
substantively identical to the Prior Proposal,\40\ and the issuer
represents that all material representations contained within the Prior
Proposal remain true. For these reasons, the Commission believes that
waiver of the 30-day operative delay is consistent with the protection
of investors and the public interest. Accordingly, the Commission
hereby waives the operative delay and designates the proposed rule
change operative upon filing.\41\
---------------------------------------------------------------------------

    \38\ 17 CFR 240.19b-4(f)(6).
    \39\ 17 CFR 240.19b-4(f)(6)(iii).
    \40\ See supra note 7.
    \41\ For purposes only of waiving the 30-day operative delay,
the Commission also has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
---------------------------------------------------------------------------

    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-CboeBZX-2019-109 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities
and Exchange

Commission, 100 F Street NE, Washington, DC 20549-1090.

All submissions should refer to File Number SR-CboeBZX-2019-109. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's internet website (http://www.sec.gov/rules/sro.shtml).
Copies of the submission, all subsequent amendments, all written
statements with respect to the proposed rule change that are filed with
the Commission, and all written communications relating to the proposed
rule change between the Commission and any person, other than those
that may be withheld from the public in accordance with the provisions
of 5 U.S.C. 552, will be available for website viewing and printing in
the Commission's Public Reference Room, 100 F Street NE, Washington, DC
20549 on official business days between the hours of 10:00 a.m. and
3:00 p.m. Copies of the filing also will be available for inspection
and copying at the principal office of the Exchange. All comments
received will be posted without change. Persons submitting comments are
cautioned that we do not redact or edit personal identifying
information from comment submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-CboeBZX-2019-109, and should be
submitted on or before January 24, 2020.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\42\
---------------------------------------------------------------------------

    \42\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2019-28362 Filed 1-2-20; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 81, Number 42 (Thursday, March 3, 2016)]
[Notices]
[Page 11347]
[FR Doc No: 2016-04764]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Intent To Rule on Request To Release Airport Property
at the Gainesville Municipal Airport in Gainesville, Texas

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of request to release airport property.

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SUMMARY: The FAA proposes to rule and invite public comment on the
release of land at the Gainesville Municipal Airport under the
provisions of Section 125 of the Wendell H. Ford Aviation Investment
Reform Act for the 21st Century (AIR 21).

DATES: Comments must be received on or before April 4, 2016.

ADDRESSES: Comments on this application may be mailed or delivered to
the FAA at the following address: Mr. Cameron Bryan, Acting Manager,
Federal Aviation Administration, Southwest Region, Airports Division,
Texas Airports Development Office, ASW-650, 10101 Hillwood Parkway,
Fort Worth, Texas 76177.
    In addition, one copy of any comments submitted to the FAA must be
mailed or delivered to Mr. Barry Sullivan, City Manager, at the
following address: 2300 Airport Drive, Gainesville, Texas 76240.

FOR FURTHER INFORMATION CONTACT:  Mr. Anthony Mekhail, Program Manager,
Federal Aviation Administration, Texas Airports Development Office,
ASW-650, 10101 Hillwood Parkway, Fort Worth, TX 76177, Telephone: (817)
222-5663, email<EMAIL_ADDRESS>    The request to release property may be reviewed in person at this
same location.

SUPPLEMENTARY INFORMATION: The FAA invites public comment on the
request to release property at the Gainesville Municipal Airport under
the provisions of the AIR 21.
    The following is a brief overview of the request: City of
Gainesville requests the release of 20 acres of non-aeronautical
airport property. The property is located on the southeast side of the
airport, bordered by US HWY 82 to the south. The property to be
released will be sold and revenues shall be used to enhance
development, operations and maintenance of the airport. Any person may
inspect the request in person at the FAA office listed above under FOR
FURTHER INFORMATION CONTACT.
    In addition, any person may, upon request, inspect the application,
notice and other documents relevant to the application in person at the
Gainesville Municipal Airport, telephone number<PHONE_NUMBER>.

    Issued in Fort Worth, Texas on February 2, 2016.
Ignacio Flores
Manager, Airports Division.
[FR Doc. 2016-04764 Filed 3-2-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 137 (Wednesday, July 17, 2019)]
[Notices]
[Pages 34186-34188]
[FR Doc No: 2019-15150]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-3586]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Focus Groups About Drug Products as Used by the Food
and Drug Administration

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA, Agency, or we) is
announcing an opportunity for public comment on the proposed collection
of certain information by the Agency. Under the Paperwork Reduction Act
of 1995 (PRA), Federal Agencies are required to publish notice in the
Federal Register concerning each proposed collection of information,
including each proposed extension of an existing collection of
information, and to allow 60 days for public comment in response to the
notice. This notice solicits comments on the information collection
resulting from focus groups about drug products as used by FDA.

DATES: Submit either electronic or written comments on the collection
of information by September 16, 2019.

ADDRESSES: You may submit comments as follows. Please note that late,
untimely filed comments will not be considered. Electronic comments
must be submitted on or before September 16, 2019. The https://www.regulations.gov electronic filing system will accept comments until
11:59 p.m. Eastern Time at the end of September 16, 2019. Comments
received by mail/hand delivery/courier (for written/paper submissions)
will be considered timely if they are postmarked or the delivery
service acceptance receipt is on or before that date.

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-2016-N-3586 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Focus Groups About Drug Products
as Used by the Food and Drug Administration.'' Received comments, those
filed in a timely manner (see ADDRESSES), 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.
     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.gpo.gov/fdsys/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.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), 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, including
each proposed extension of an existing 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, FDA
invites 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.

Focus Groups About Drug Products as Used by the Food and Drug
Administration

OMB Control Number 0910-0677--Extension

    Focus groups provide an important role in gathering information
because they allow for a more indepth understanding of individuals'
attitudes, beliefs, motivations, and feelings than do quantitative
studies. Focus groups serve the narrowly defined need for direct and
informal opinion on a specific topic and, as a qualitative research
tool, have three major purposes:
     To obtain information that is useful for developing
variables and measures for quantitative studies;
     To better understand people's attitudes and emotions in
response to topics and concepts; and
     To further explore findings obtained from quantitative
studies.
    We use information gathered from focus group findings to test and
refine ideas and to help develop messages and other communications, but
will generally conduct further research before making important
decisions such as adopting new policies and allocating or redirecting
significant resources to support these policies.
    Our Center for Drug Evaluation and Research, as well as other
Agency components, engage focus groups about regulated drug products on
a variety of topics related to consumer, patient, or healthcare
professional perceptions and use of drug products and related
materials. These materials may include, but are not limited to direct-
to-consumer prescription drug promotion, physician labeling of
prescription drugs, medication guides, over-the-counter drug labeling,
emerging risk communications, patient labeling, online sales of medical
products, and consumer and professional education.
    Annually, we project that 20 studies will be initiated using 160
focus groups with an average of 9 persons per group. We assume each
focus group will last an average of 1.75 hours. We estimate the burden
for the information collection as follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
                           Activity                                 Number of       responses per     Total annual     Average burden      Total hours
                                                                   respondents       respondent         responses       per response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Focus Group Study.............................................            1,440                 1             1,440              1.75             2,520
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

    Based on a review of the information collection since our last
request for OMB approval, we have made no adjustments to our burden
estimate.

    Dated: July 10, 2019.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2019-15150 Filed 7-16-19; 8:45 am]
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"Marc Melnick"<EMAIL_ADDRESS> 09/07/2007 06:53 PM

To

David Dickinson/DC/USEPA/US@EPA

cc

"Aron Livingston"<EMAIL_ADDRESS>

Subject

EPA-HQ-OAR-2006-0173

Consistent with our earlier submissions, I am enclosing a brief my office filed today in Central Valley Chrysler-Jeep, Inc. v. Witherspoon (U.S.D.C., E.D. Cal., No. 1:04-CV-06663-AWI-NEW (TAG)) regarding the impact of the Supreme Court's Massachusetts v. EPA decision on the preemption claims in the Central Valley case.  As you know, the Central Valley case challenges the same state greenhouse gas emission standards which are involved in this waiver proceeding.

Please do not hesitate to contact me if you have any questions.

Thank you.

Marc N. Melnick

Deputy Attorney General

California Attorney General's Office

    1515 Clay Street  , 20th Floor

    P.O. Box  70550

    Oakland ,   CA     94612

510/622-2133

fax 510/622-2270

<EMAIL_ADDRESS>


[Federal Register Volume 77, Number 15 (Tuesday, January 24, 2012)]
[Proposed Rules]
[Pages 3422-3423]
[FR Doc No: 2012-1338]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2011-0848; FRL-9620-7]

Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; State of West Virginia; Control
of Emissions From Existing Hospital/Medical/Infectious Waste
Incinerator Units, Plan Revision

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

SUMMARY: EPA proposes to approve a revision to the West Virginia
hospital/medical/infectious waste incinerator (HMIWI) Section 111(d)/
129 plan (the ``plan''). The revision contains a modified state rule
for solid waste combustion that was updated as a result of the October
6, 2009 amendments to federal Emission Guidelines (EG) and New Source
Performance Standards (NSPS), 40 CFR part 60, subparts Ce and Ec
respectively. This revision and approval action relate only to HMIWI
units. In the Final Rules section of this Federal Register, EPA is
approving the State of West Virginia's HMIWI plan revision submittal as
a direct final rule without prior proposal because the Agency views
this as a noncontroversial action and anticipates no adverse comments.
A detailed rationale for the approval is set forth in the direct final
rule. If no adverse comments are received in response to this action,
no further activity is contemplated. If EPA receives adverse comments,
the direct final rule will be withdrawn and all public comments
received will be addressed in a subsequent final rule based on this
proposed rule. EPA will not institute a second comment period. Any
parties interested in commenting on this action should do so at this
time.

DATES: Comments must be received in writing by February 23, 2012.

ADDRESSES: Submit your comments, identified by Docket ID Number EPA-
R03-OAR-2011-0848 by one of the following methods:
    A. www.regulations.gov. Follow the on-line instructions for
submitting comments.
    B. Email<EMAIL_ADDRESS>    C. Mail: EPA-R03-OAR-2011-0848, Kathleen Cox, Associate Director,
Office of Air Permits and Toxics, Mailcode 3AP10, U.S. Environmental
Protection Agency, Region III, 1650 Arch Street, Philadelphia,
Pennsylvania 19103.
    D. Hand Delivery: At the previously-listed EPA Region III address.
Such deliveries are only accepted during the Docket's normal hours of
operation, and special arrangements should be made for deliveries of
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-R03-OAR-
2011-0848. EPA's policy is that all comments received will be included
in the public docket without change, and may be made available online
at www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Do not submit information that you consider to
be CBI or otherwise protected through www.regulations.gov or email. The
www.regulations.gov Web site is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through www.regulations.gov, your email
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the electronic docket are listed in the
www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in www.regulations.gov or
in hard copy during normal business hours at the Air Protection
Division, U.S. Environmental Protection Agency, Region III, 1650 Arch
Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal
are available at the West Virginia Division of Air Quality, 601 57th
Street SE., Charleston, West Virginia 25304.

FOR FURTHER INFORMATION CONTACT: Mike Gordon, at<PHONE_NUMBER>, or by
email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: For further information, please see the
information provided in the direct final action, with the same title,
that is located in the ``Rules and Regulations'' section of this
Federal Register publication.

    Dated: January 5, 2012.
W.C. Early,
Acting Regional Administrator, EPA Region III.
[FR Doc. 2012-1338 Filed 1-23-12; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 77, Number 232 (Monday, December 3, 2012)]
[Rules and Regulations]
[Pages 71495-71497]
[FR Doc No: 2012-28988]

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

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 30869 ; Amdt. No. 3504]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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

SUMMARY: This rule establishes, amends, suspends, or revokes Standard
Instrument Approach Procedures (SIAPs) and associated Takeoff Minimums
and Obstacle Departure Procedures for operations at certain airports.
These regulatory actions are needed because of the adoption of new or
revised criteria, or because of changes occurring in the National
Airspace System, such as the commissioning of new navigational
facilities, adding new obstacles, or changing air traffic requirements.
These changes are designed to provide safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective December 3, 2012. The compliance date for
each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of December 3, 2012.

ADDRESSES: Availability of matters incorporated by reference in the
amendment is as follows:
    For Examination--
    1. FAA Rules Docket, FAA Headquarters Building, 800

Independence Avenue SW., Washington, DC 20591;
    2. The FAA Regional Office of the region in which the affected
airport is located;
    3. The National Flight Procedures Office, 6500 South MacArthur
Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.
    Availability--All SIAPs and Takeoff Minimums and ODPs are available
online free of charge. Visit http://www.nfdc.faa.gov to register.
Additionally, individual SIAP and Takeoff Minimums and ODP copies may
be obtained from:
    1. FAA Public Inquiry Center (APA-200), FAA Headquarters Building,
800 Independence Avenue SW., Washington, DC 20591; or
    2. The FAA Regional Office of the region in which the affected
airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420), Flight Technologies and Programs
Divisions, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
Telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14 of the Code of
Federal Regulations, Part 97 (14 CFR part 97), by establishing,
amending, suspending, or revoking SIAPS, Takeoff Minimums and/or ODPS.
The complete regulators description of each SIAP and its associated
Takeoff Minimums or ODP for an identified airport is listed on FAA form
documents which are incorporated by reference in this amendment under 5
U.S.C. 552(a), 1 CFR part 51, and 14 CFR part 97.20. The applicable FAA
Forms are FAA Forms 8260-3, 8260-4, 8260-5, 8260-15A, and 8260-15B when
required by an entry on 8260-15A.
    The large number of SIAPs, Takeoff Minimums and ODPs, in addition
to their complex nature and the need for a special format make
publication in the Federal Register expensive and impractical.
Furthermore, airmen do not use the regulatory text of the SIAPs,
Takeoff Minimums or ODPs, but instead refer to their depiction on
charts printed by publishers of aeronautical materials. The advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP, Takeoff Minimums and ODP listed on
FAA forms is unnecessary. This amendment provides the affected CFR
sections and specifies the types of SIAPs and the effective dates of
the, associated Takeoff Minimums and ODPs. This amendment also
identifies the airport and its location, the procedure, and the
amendment number.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP, Takeoff Minimums and ODP as contained in the
transmittal. Some SIAP and Takeoff Minimums and textual ODP amendments
may have been issued previously by the FAA in a Flight Data Center
(FDC) Notice to Airmen (NOTAM) as an emergency action of immediate
flight safety relating directly to published aeronautical charts. The
circumstances which created the need for some SIAP and Takeoff Minimums
and ODP amendments may require making them effective in less than 30
days. For the remaining SIAPS and Takeoff Minimums and ODPS, an
effective date at least 30 days after publication is provided.
    Further, the SIAPs and Takeoff Minimums and ODPS contained in this
amendment are based on the criteria contained in the U.S. Standard for
Terminal Instrument Procedures (TERPS). In developing these SIAPS and
Takeoff Minimums and ODPs, the TERPS criteria were applied to the
conditions existing or anticipated at the affected airports. Because of
the close and immediate relationship between these SIAPs, Takeoff
Minimums and ODPs, and safety in air commerce, I find that notice and
public procedures before adopting these SIAPS, Takeoff Minimums and
ODPs are impracticable and contrary to the public interest and, where
applicable, that good cause exists for making some SIAPs effective in
less than 30 days.

Conclusion

    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
It, therefore--(1) is not a ``significant regulatory action'' under
Executive Order 12866; (2) is not a ``significant rule'' under DOT
Regulatory Policies and Procedures (44 FR 11034; February 26,1979); and
(3) does not warrant preparation of a regulatory evaluation as the
anticipated impact is so minimal. For the same reason, the FAA
certifies that this amendment will not have a significant economic
impact on a substantial number of small entities under the criteria of
the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference, and
Navigation (Air).

    Issued in Washington, DC, on October 26, 2012.
John M. Allen,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14 CFR part 97) is amended by
establishing, amending, suspending, or revoking Standard Instrument
Approach Procedures and/or Takeoff Minimums and/or Obstacle Departure
Procedures effective at 0902 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

* * * Effective 13 December 2012

Fayetteville, AR, Drake Field, LDA/DME RWY 34, Amdt 4
Hutchinson, KS, Hutchinson Muni, ILS OR LOC RWY 13, Amdt 16C

* * * Effective 10 January 2013

Gustavus, AK, Gustavus, RNAV (GPS) Y RWY 29, Amdt 1
Middleton Island, AK, Middleton Island, Takeoff Minimums and
Obstacle DP, Orig-A
Middleton Island, AK, Middleton Island, VOR RWY 2, Amdt 3A
Middleton Island, AK, Middleton Island, VOR/DME RWY 20, Amdt 6A
Tatitlek, AK, Tatitlek, Takeoff Minimums and Obstacle DP, Orig-A
Birmingham, AL, Birmingham-Shuttlesworth Intl, Takeoff Minimums and
Obstacle DP, Amdt 7
Bentonville, AR, Bentonville Muni/Louise M Thaden Field, RNAV (GPS)
RWY 18, Amdt 1
Bentonville, AR, Bentonville Muni/Louise M Thaden Field, RNAV (GPS)
RWY 36, Amdt 1
Bentonville, AR, Bentonville Muni/Louise M Thaden Field, VOR-A, Amdt
13
Bentonville, AR, Bentonville Muni/Louise M Thaden Field, VOR/DME-B,
Amdt 6
Meriden, CT, Meriden Markham Muni, GPS RWY 36, Orig-A, CANCELED
Meriden, CT, Meriden Markham Muni, RNAV (GPS) RWY 36, Orig

St Marys, GA, St Marys, Takeoff Minimums and Obstacle DP, Amdt 4
Tifton, GA, Henry Tift Myers, NDB RWY 33, Amdt 1A
Tifton, GA, Henry Tift Myers, RNAV (GPS) RWY 28, Orig-A
Tifton, GA, Henry Tift Myers, RNAV (GPS) RWY 33, Orig-B
Tifton, GA, Henry Tift Myers, VOR RWY 28, Amdt 10A
Tifton, GA, Henry Tift Myers, VOR RWY 33, Amdt 11C
Lewiston, ID, Lewiston-Nez Perce County, ILS RWY 26, Amdt 13
Salem, IL, Salem-Leckrone, Takeoff Minimums and Obstacle DP, Amdt 7
Alexandria, LA, Esler Rgnl, ILS OR LOC/DME RWY 27, Amdt 16
Alexandria, LA, Esler Rgnl, NDB RWY 27, Amdt 1, CANCELED
Alexandria, LA, Esler Rgnl, RNAV (GPS) RWY 9, Amdt 2
Alexandria, LA, Esler Rgnl, RNAV (GPS) RWY 27, Amdt 2
Millinocket, ME, Millinocket Muni, NDB RWY 29, Amdt 4, CANCELED
Butler, MO, Butler Memorial, GPS RWY 18, Orig-B, CANCELED
Butler, MO, Butler Memorial, RNAV (GPS) RWY 18, Orig
Butler, MO, Butler Memorial, RNAV (GPS) RWY 36, Orig
Butler, MO, Butler Memorial, VOR-A, Amdt 5
Deer Lodge, MT, Deer Lodge-City-County, RNAV (GPS)-A, Orig
Deer Lodge, MT, Deer Lodge-City-County, Takeoff Minimums and
Obstacle DP, Orig
Mount Olive, NC, Mount Olive Muni, VOR-A, Amdt 2
Tioga, ND, Tioga Muni, RNAV (GPS) RWY 30, Amdt 1
Albuquerque, NM, Albuquerque Intl Sunport, RNAV (RNP) Y RWY 26, Orig
Taos, NM, Taos Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1
Mount Pocono, PA, Pocono Mountains Muni, RNAV (GPS) RWY 13, Amdt 3
Mount Pocono, PA, Pocono Mountains Muni, RNAV (GPS) RWY 31, Amdt 2
Florence, SC, Florence Rgnl, RADAR-1, Amdt 1, CANCELED
Marlin, TX, Marlin, Takeoff Minimums and Obstacle DP, Orig
Olney, TX, Olney Muni, GPS RWY 17, Orig, CANCELED
Olney, TX, Olney Muni, RNAV (GPS) RWY 17, Orig
Olney, TX, Olney Muni, RNAV (GPS) RWY 35, Orig
Olney, TX, Olney Muni, Takeoff Minimums and Obstacle DP, Orig
Spokane, WA, Spokane Intl, ILS OR LOC RWY 3, ILS RWY 3 (SA CAT I),
ILS RWY 3 (CAT II), ILS RWY 3 (CAT III), Amdt 6A
Mosinee, WI, Central Wisconsin, Takeoff Minimums and Obstacle DP,
Amdt 1

    RESCINDED: On October 15, 2012 (77 FR 62429), the FAA published
an Amendment in Docket No. 30864, Amdt No. 3499 to Part 97 of the
Federal Aviation Regulations under section 97.33. The following
entry for Mount Olive, NC, effective 15 November, 2012, is hereby
rescinded in its entirety:

Mount Olive, NC, Mount Olive Muni, VOR-A, Amdt 2

[FR Doc. 2012-28988 Filed 11-30-12; 8:45 am]
BILLING CODE 4910-13-P