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THE FOLLOWING HAS BEEN REMOVED BECAUSE IT CONTAINS CONFIDENTIAL BUSINESS INFORMATION (CBI) PER

40 CFR PART 2, SUBPART B.


[Federal Register Volume 81, Number 84 (Monday, May 2, 2016)]
[Notices]
[Pages 26222-26223]
[FR Doc No: 2016-10156]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER16-1406-000]

Peak View Wind Energy LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Peak View Wind Energy LLC`s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR

part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is May 11, 2016.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: April 21, 2016.
Kimberly D. Bose,
Secretary.
[FR Doc. 2016-10156 Filed 4-29-16; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 96 (Wednesday, May 18, 2016)]
[Notices]
[Pages 31283-31286]
[FR Doc No: 2016-11641]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-77818; File No. SR-BatsBZX-2016-16]

Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Add
Subparagraph (5) to Rule 21.1(h) Modifying the Operation of Orders
Subject to the Display Price Sliding Process When a Contra-Side Post
Only Order Is Received by the Bats BZX Exchange Options Platform

May 12, 2016.
    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 May 3, 2016, Bats BZX Exchange, Inc. (the ``Exchange'' or
``BZX'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II below, which Items have been prepared by the Exchange. The Exchange
has designated this proposal as a ``non-controversial'' proposed rule
change pursuant to Section 19(b)(3)(A) of the Act \3\ and Rule 19b-
4(f)(6)(iii) thereunder,\4\ which renders it effective upon filing with
the Commission. 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).
    \4\ 17 CFR 240.19b-4(f)(6)(iii).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange filed a proposal to add subparagraph (5) to Rule
21.1(h) modifying the operation of orders subject to the display price
sliding process when a contra-side Post Only Order \5\ is received by
the Exchange's options platform (``BZX Options'').
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    \5\ See Exchange Rule 21.1(d)(8).
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    The text of the proposed rule change is available at the Exchange's
Web site at www.batstrading.com, at the principal office of the
Exchange, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant parts 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 is proposing to add subparagraph (5) to Rule 21.1(h)
modifying the operation of orders subject to the display price sliding
process when a contra-side Post Only Order is received by BZX Options.
    Under current Exchange Rule 21.1(h), an order subject to the
display price sliding process that, at the time of entry, would lock or
cross a Protected Quotation of another options exchange will be ranked
at the locking price in the BZX Options Book \6\ and displayed by the
System at one minimum price variation below the current National

Best Offer (``NBO'') \7\ (for bids) or to one minimum price variation
above the current National Best Bid (``NBB'') \8\ (for offers). Post
Only Orders are orders that are to be ranked and executed on the
Exchange pursuant to Rule 21.8 (Order Display and Book Processing) or
cancelled, as appropriate, without routing away to another trading
center.\9\ Currently, a Post Only Order will not remove liquidity from
the BZX Options Book unless the value of price improvement associated
with such execution equals or exceeds the sum of fees charged for such
execution and the value of any rebate that would be provided if the
order posted to the BZX Options Book and subsequently provided
liquidity. In order to prevent circumstances on the BZX Options Book
where an order is ranked at the displayed price of a resting contra-
side order, which could result in apparent violations of the Exchange's
priority rule, an incoming Post Only Order is currently rejected if it
would be posted at the locking price of a contra-side order subject to
the display price sliding process. In particular, accepting such order
would result in a situation where an order is displayed on the Exchange
and a contra-side order is ranked at the same price as such order. In
turn, if an execution at that price is reported by the Exchange, the
Exchange believes a User \10\ representing the order displayed on the
Exchange might believe that an incoming order was received by the
Exchange and then bypassed such order (i.e., removing some other
liquidity on the same side of the market as the displayed order). As
described in further detail below, the proposal will avoid the
possibility of an execution of an order subject to display-price
sliding at the same price as an order displayed on the Exchange. The
Exchange notes that the circumstance described above, where an incoming
Post Only Order is rejected by the Exchange, is limited to times when
the Exchange is not already quoting at the NBBO and a Post Only Order
is seeking to join either the NBB or NBO but there is a resting
display-price slid order on the contra-side of the Exchange's order
book.
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    \6\ ``BZX Options Book'' is defined as ``the electronic book of
options orders maintained by the Trading System.'' See Exchange Rule
16.1(a)(9).
    \7\ See Exchange Rule 16.1(a)(29) (defining the terms ``NBB'',
``NBO'', and ``NBBO'').
    \8\ Id.
    \9\ See Exchange Rule 21.1(d)(8).
    \10\ ``User'' is defined as ``any Options Member or Sponsored
Participant who is authorized to obtain access to the System
pursuant to Rule 11.3 (Access).'' See Exchange Rule 16.1(a)(63).
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    In order to facilitate the entry of orders priced at the National
Best Bid or Offer (``NBBO''), the Exchange proposes to add subparagraph
(5) to Rule 21.1(h) modifying the operation of orders subject to the
display price sliding process when a contra-side Post Only Order is
received by BZX Options. Under proposed subparagraph (5), to the extent
an incoming Post Only Order would be ranked and displayed at a price
equal to the ranked price of a contra-side order subject to display-
price sliding (i.e., the locking price) the order subject to display-
price sliding would be re-ranked at one (1) cent above the current NBB
(for offers) or one (1) cent below the current NBO (for bids). An order
subject to display price sliding that is re-ranked pursuant to proposed
subparagraph (5) of Rule 21.1(h) would be re-ranked at the locking
price in the event there is no longer displayed contra-side interest at
the locking price. In both cases, the order would remain displayed by
the System at one minimum price variation below the current NBO (for
bids) or to one minimum price variation above the current NBB (for
offers).
    The below examples describe the operation of orders subject to
display price sliding under proposed subparagraph (5) to Rule 21.1(h).

    Example 1: Securities Quoted in Penny Increments--Proposed
Operation. Assume the NBBO is $1.00 x $1.01 and that the Exchange's
displayed best bid and offer (``BBO'') is $1.00 x $1.02. Also assume
that a non-routable order to buy at $1.01 subject to display price
sliding is resting on the BZX Options Book, ranked at $1.01 and
displayed at $1.00. Assume a Post Only Order to sell at $1.01 is
entered and, under current functionality, would be rejected because
it is executable at the locking price of the order to buy subject to
display price sliding resting on the BZX Options Book. As proposed,
the order to buy subject to display price sliding would be re-ranked
and would remain displayed at $1.00, one (1) cent below the current
NBO. The Post Only Order to sell would be posted to the BZX Options
Book, ranked and displayed at $1.01 (i.e., allowing the Exchange to
join the NBBO of $1.00 x $1.01). If the Post Only Order to sell is
executed or cancelled, the order to buy subject to display price
sliding would be re-ranked at $1.01, its original ranked price, and
would remain displayed at $1.00.
    Example 2: Securities Quoted in Non-Penny Increments--Proposed
Operation. Assume the NBBO is $1.00 x $1.05 and that the Exchange's
BBO is $1.00 x $1.10. Also assume that a non-routable order to buy
at $1.05 subject to display price sliding is resting on the BZX
Options Book, ranked at $1.05 and displayed at $1.00. Assume a Post
Only Order to sell at $1.05 is entered and, under current
functionality, would be rejected because it is executable at the
locking price of the order to buy subject to display price sliding
resting on the BZX Options Book. As proposed, the order to buy
subject to display price sliding would be re-ranked at $1.04, one
(1) cent below the NBO, and would remain displayed at $1.00. The
Post Only Order to sell would be posted to the BZX Options Book,
ranked and displayed at $1.05 (i.e., allowing the Exchange to join
the NBBO of $1.00 x $1.01). If the Post Only Order to sell is
executed or cancelled, the order to buy subject to display price
sliding would be re-ranked at $1.05, its original ranked price, and
would remain displayed at $1.00.

    The Exchange notes that similar behavior currently exists on its
equities platform that permits an order to buy(sell) subject to display
price sliding to be executed at one-half minimum price variation
more(less) than the price of a contra-side displayed BZX Post Only
Order.\11\ Specifically, under Exchange Rule 11.9(g)(1)(E), BZX Post
Only Orders are permitted to post and be displayed opposite the ranked
price of orders subject to display-price sliding. In the event an order
subject to display-price sliding is ranked on the BZX Book \12\ at a
price equal to an opposite side order displayed by the Exchange, it
cannot be executed at that price and instead will be subject to
processing as set forth in Rule 11.13(a)(4)(D). Under Exchange Rule
11.13(a)(4)(D), in the event that an incoming order is a market order
or is a limit order priced more aggressively than the displayed order,
the Exchange will execute the incoming order at, in the case of an
incoming sell order, one-half minimum price variation less than the
price of the displayed order, and, in the case of an incoming buy
order, at one-half minimum price variation more than the price of the
displayed order. This behavior is designed to avoid an apparent
priority issue. In particular, in such a situation the Exchange
believes a User representing an order that is displayed on the Exchange
might believe that an incoming order was received by the Exchange and
then bypassed such displayed order, removing some other non-displayed
liquidity on the same side of the market as such displayed order.
Similar to what the Exchange proposes for BZX Options, the above
described functionality on its equites platform also effectively
changes the ranked price of the order subject to display price sliding.
Although the underlying solution is intended to solve the same
circumstance, because half-penny executions are not permitted with
respect to options transactions, on BZX Options the Exchange proposes
to adjust the ranked price of the display-price slid order when a
contra-side Post Only order is received by BZX and posted at the
locking price.
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    \11\ See Exchange Rule 11.9(c)(6).
    \12\ See BZX Rule 1.5(e).

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2. Statutory Basis
    The Exchange believes that its proposal is consistent with the
requirements of the Act and the rules and regulations thereunder that
are applicable to a national securities exchange, and, in particular,
with the requirements of Section 6(b) of the Act.\13\ In particular,
the proposal is consistent with Section 6(b)(5) of the Act \14\ because
it is designed to encourage displayed liquidity and offer market
participants greater flexibility to post liquidity on the BZX Options
Book, thereby promoting just and equitable principles of trade,
fostering cooperation and coordination with persons engaged in
facilitating transactions in securities, removing impediments to, and
perfecting the mechanism of, a free and open market and a national
market system.
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    \13\ 15 U.S.C. 78f(b).
    \14\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    Under current functionality, an incoming Post Only Order would be
rejected if it is executable at the locking price of a contra-side
order subject to display price sliding resting on the BZX Options Book.
This, at times, inhibits market participants, including Market Makers
\15\ from utilizing Post Only Orders to quote at the NBBO. Post Only
Orders allow Users to post aggressively priced liquidity, as such Users
have certainty as to the fee or rebate they will receive from the
Exchange if their order is executed. Without such ability and by
rejecting such Post Only Orders in scenarios described herein, the
Exchange believes that certain Users would simply post less
aggressively priced liquidity, and prices available for market
participants, including retail investors, would deteriorate.
Accordingly, the Exchange believes that the proposed rule change
promotes just and equitable principles of trade by enhancing the
liquidity available to all market participants by allowing Market
Makers and other liquidity providers to add liquidity to the Exchange
at the NBBO without fear that their order would be rejected. In
addition, the proposed rule change would assist Market Makers in
satisfying their two-sided quoting obligations under Exchange Rules
22.5(a)(1) and 22.6(d)(1). The proposed rule change should increase
displayed liquidity at the NBBO on the Exchange, resulting in improved
market quality and price discovery for all participants. The Exchange
also notes that similar behavior currently exists on its equities
platform that permits an order to buy(sell) subject to display price
sliding to be executed at one-half minimum price variation more(less)
than the price of a contra-side displayed BZX Post Only Order.\16\
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    \15\ See Exchange Rule 16.1(a)(37).
    \16\ See Exchange Rules 11.9(g)(1)(E) and 11.13(a)(4)(D). See
also Securities Exchange Act Release No. 64754 (June 27, 2011), 76
FR 38712 (July 1, 2011) (SR-BATS-2011-015) (Order Approving a
Proposed Rule Change to Amend BATS Rule 11.9, Entitled ``Orders and
Modifiers'' and BATS Rule 11.13, Entitled ``Order Execution'').
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(B) Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act. To the contrary, the
Exchange believes the proposed rule change would enhance competition by
enabling market participants to post liquidity at the NBBO, thereby
increasing the liquidity on the Exchange at the NBBO. For all the
reasons stated above, the Exchange does not believe that the proposed
rule changes will impose any burden on competition not necessary or
appropriate in furtherance of the purposes of the Act, and believes the
proposed change will enhance competition.

(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. The Exchange has not received any written
comments from members or other interested parties.

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

    The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \17\ and Rule 19b-4(f)(6) thereunder.\18\
Because the 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, if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \19\ and Rule 19b-
4(f)(6) thereunder.\20\
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    \17\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \18\ 17 CFR 240.19b-4(f)(6).
    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ In addition, Rule 19b-4(f)(6)(iii) requires the Exchange to
give the Commission written notice of the Exchange's intent to file
the proposed rule change, along with a brief description and text of
the proposed rule change, at least five business days prior to the
date of filing of the proposed rule change, or such shorter time as
designated by the Commission. The Exchange has satisfied this
requirement.
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    A proposed rule change filed under Rule 19b-4(f)(6) under the Act
\21\ normally does not become operative for 30 days after the date of
filing. However, Rule 19b-4(f)(6)(iii) \22\ permits the Commission to
designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange has asked
the Commission to waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Exchange states that
the proposed rule change will benefit market participants by enhancing
their ability to post liquidity at the NBBO, and that waiver of the
operative delay may increase displayed liquidity at the NBBO on the
Exchange, resulting in improved market quality and price discovery for
all participants in a timely manner. Further, the Exchange notes that
the proposed rule change will not require any systems changes by
Exchange Users that would necessitate a delay, as the Exchange will now
accept and no longer reject Post Only Orders in the situations
described herein. Based on the foregoing, the Commission believes that
waiving the 30-day operative delay is consistent with the protection of
investors and the public interest.\23\ The Commission hereby grants the
Exchange's request and designates the proposal operative upon filing.
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    \21\ 17 CFR 240.19b-4(f)(6).
    \22\ 17 CFR 240.19b-4(f)(6)(iii).
    \23\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule 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-BatsBZX-2016-16 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-BatsBZX-2016-16. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing will also be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-BatsBZX-2016-16 and should
be submitted on or before June 8, 2016.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2016-11641 Filed 5-17-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 213 (Tuesday, November 4, 2014)]
[Notices]
[Pages 65437-65443]
[FR Doc No: 2014-26125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-73464; File No. SR-NYSEArca-2014-120]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to Listing and Trading Shares of the
Sit Rising Rate Fund Under NYSE Arca Equities Rule 8.200

October 29, 2014.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 16, 2014, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade shares of the Sit Rising
Rate Fund under NYSE Arca Equities Rule 8.200. The text of the proposed
rule change is available on the Exchange's Web site at www.nyse.com, at
the principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
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 those 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 parts of such statements.

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

1. Purpose
    NYSE Arca Equities Rule 8.200, Commentary .02 permits the trading
of Trust Issued Receipts (``TIRs'') either by listing or pursuant to
unlisted trading privileges (``UTP'').\4\ The Exchange proposes to list
and trade shares (``Shares'') of the Sit Rising Rate Fund (``Fund'')
pursuant to NYSE Arca Equities Rule 8.200. The Fund is a series of the
ETF Managers Group Commodity Trust I (the ``Trust''), a Delaware
statutory trust.\5\
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    \4\ Commentary .02 to NYSE Arca Equities Rule 8.200 applies to
Trust Issued Receipts that invest in ``Financial Instruments.'' The
term ``Financial Instruments,'' as defined in Commentary .02(b)(4)
to NYSE Arca Equities Rule 8.200, means any combination of
investments, including cash; securities; options on securities and
indices; futures contracts; options on futures contracts; forward
contracts; equity caps, collars and floors; and swap agreements.
    \5\ The Trust submitted a registration statement with respect to
the Fund on Form S-1 under the Securities Act of 1933 (``1933 Act'')
on October 7, 2014 (File No. 333-199190) (the ``Registration
Statement''). The description of the Fund and the Shares contained
herein are based, in part, on the Registration Statement.
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    The Exchange notes that the Commission has previously approved the
listing and trading of other issues of TIRs on the American Stock
Exchange LLC,\6\ trading on NYSE Arca pursuant to UTP,\7\ and listing
on NYSE Arca.\8\ In

addition, the Commission has approved the listing and trading of other
exchange-traded fund-like products linked to the performance of
underlying currencies and commodities.\9\
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    \6\ See, e.g., Securities Exchange Act Release No. 58161 (July
15, 2008), 73 FR 42380 (July 21, 2008) (SR-Amex-2008-39).
    \7\ See, e.g., Securities Exchange Act Release No. 58163 (July
15, 2008), 73 FR 42391 (July 21, 2008) (SR-NYSEArca-2008-73).
    \8\ See, e.g., Securities Exchange Act Release No. 70209 (August
15, 2013), 78 FR 51269 (June 24, 2013) (SR-NYSEArca-2013-60);
Securities Exchange Act Release No. 58457 (September 3, 2008), 73 FR
52711 (September 10, 2008) (SR-NYSEArca-2008-91).
    \9\ See, e.g., Securities Exchange Act Release Nos. 56131 (July
25, 2007), 77 FR 42212 (August 1, 2007) (SR-NYSEArca-2007-57) (order
approving listing and trading on NYSE Arca of shares of eight issues
of Commodity Trust Shares); 57456 (March 7, 2008), 73 FR 13599
(March 13, 2008) (SR-NYSEArca-2007-91) (order granting accelerated
approval for NYSE Arca listing and trading of shares of the iShares
GS Commodity Trusts); 59781 (April 17, 2009), 74 FR 18771 (April 24,
2009) (SR-NYSEArca-2009-28) (order granting accelerated approval for
NYSE Arca listing and trading of shares of the ETFS Silver Trust);
59895 (May 8, 2009), 74 FR 22993 (May 15, 2009) (SR-NYSEArca-2009-
40) (order granting accelerated approval for NYSE Arca listing the
ETFS Gold Trust); 62527 (July 19, 2010), 75 FR 43606 (July 26, 2010)
(SR-NYSEArca-2010-44) (order approving listing and trading on NYSE
Arca of shares of the United States Commodity Index Fund).
---------------------------------------------------------------------------

    According to the Registration Statement, the Fund's sponsor and
investment manager is ETF Managers Capital LLC (``ETFMC'' or the
``Sponsor''), a limited liability company that is a commodity pool
operator (``CPO'') that is registered with the Commodity Futures
Trading Commission (``CFTC'') \10\ and is a member of the National
Futures Association (``NFA''). U.S. Bancorp Fund Services will be the
transfer agent and for the Shares and administrator for the Fund.
Esposito Securities LLC (the ``Distributor'') will provide statutory
and wholesaling distribution services.
---------------------------------------------------------------------------

    \10\ The Sponsor is not a broker-dealer or affiliated with a
broker-dealer.
---------------------------------------------------------------------------

Fund's Investment Objective and Strategy
    The Fund's investment objective will be to profit from rising
interest rates by tracking the performance of a portfolio (the
``Benchmark Portfolio'') consisting of exchange traded futures
contracts and options on futures on 2, 5 and 10-year U.S. Treasury
securities (``Treasury Instruments'') weighted to achieve a targeted
negative 10-year average effective portfolio duration (the ``Benchmark
Component Instruments''). The Fund will seek to achieve its investment
objective by investing in the Benchmark Component Instruments currently
constituting the Benchmark Portfolio. The Benchmark Portfolio will be
maintained by Sit Fixed Income Advisors II, LLC (``Sit'') and will be
rebalanced, reconstituted, or both, monthly, typically on the 15th of
each month and on the next business day if the 15th is a holiday,
weekend, or other day on which the national exchanges are closed, to
maintain a negative 10-year average effective duration. The Benchmark
Portfolio will maintain a net short position in Treasury Instruments.
There will normally be substantially more net short exposure than net
long exposure. The Fund will not use futures contracts or options to
obtain leveraged investment results. The Benchmark Component
Instruments constituting the Benchmark Portfolio and anticipated
rebalancing dates, as well as the daily holdings of the Fund, will be
available on the Fund's Web site at www.risingratefund.com.
    The weightings of the Treasury Instruments constituting the
Benchmark Portfolio and the Fund will be based on each maturity's
duration contribution. Longer duration treasuries will account for a
more meaningful portion of the Fund's price sensitivity to changes in
interest rates. As of October 9, 2014, the Benchmark Portfolio
consisted of:

------------------------------------------------------------------------
                Treasury instrument  (%)                  % of Portfolio
------------------------------------------------------------------------
2 Year U.S. Treasury Futures............................              45
5 Year U.S. Treasury Futures............................              30
5 Year U.S. Treasury Call Options.......................              15
10 Year U.S. Treasury Put Options.......................              10
                                                         ---------------
                                                                     100
------------------------------------------------------------------------

    The relative weightings of the Benchmark Component Instruments will
be shifted between maturities only when there are material changes in
the shape of the yield curve, for example, if the Federal Reserve began
raising short term interest rates more than long term interest rates.
In such an instance, Sit, which maintains the Benchmark Portfolio, will
increase the weightings of the 2-year and reduce the weighting in the
10-year maturity Treasury Instruments. Conversely, Sit will do the
opposite if the Federal Reserve began raising long term interest rates
more than short term interest rates. Reconstitution and rebalancing
each will occur monthly, on the 15th, unless there are radical changes
in the yield curve such that effective duration is outside of a range
from negative nine to negative 11-year average effective duration, in
which case Sit will adjust the maturities of the Treasury Instruments
before the next expected monthly reconstitution.
    The Benchmark Portfolio will be invested in Benchmark Component
Instruments and rebalanced, as noted above, to maintain a negative
average effective portfolio duration of approximately 10 years.
Duration is a measure of estimated price sensitivity relative to
changes in interest rates. Portfolios with longer durations are
typically more sensitive to changes in interest rates. For example, if
interest rates rise by 1%, the market value of a security with an
effective duration of 5 years would decrease by 5%, with all other
factors being constant, and likewise the market value of a security
with an effective duration of negative 5 years would increase by 5%,
with all other factors being constant. Duration estimates are based on
certain assumptions by Sit and are subject to a number of limitations.
Duration is a more accurate estimate of price sensitivity provided
interest rate changes are small and occur equally in short-term and
long-term securities. Investments in debt securities typically decrease
in value when interest rates rise. The risk is usually greater for
longer-term debt securities.
    The Fund will incur certain expenses in connection with its
operations. The Fund will hold cash or cash equivalents such as U.S.
Treasuries or other high credit quality, short-term fixed-income or
similar securities (such as shares of money market funds and
collateralized repurchase agreements) for direct investment or as
collateral for the Treasury Instruments and for other liquidity
purposes and to meet redemptions that may be necessary on an ongoing
basis. These expenses and income from the cash and cash equivalent
holdings may cause imperfect correlation between changes in the Fund's
NAV and changes in the Benchmark Portfolio, because the Benchmark
Portfolio does not reflect expenses or income.
Net Asset Value
    According to the Registration Statement, the net asset value
(``NAV'') of the Fund will be calculated by taking the current market
value of its total assets, subtracting any liabilities, and dividing
that total by the total number of outstanding shares.
    The Administrator will calculate the NAV daily and the NAV will be
released after 4:00 p.m. Eastern Time (``E.T.''), the end of the Core
Trading Session on the Exchange. For purposes of calculating NAV, the
Administrator will use the closing price of the Treasury Instruments on
the U.S. exchanges on which the Treasury Instruments are traded
(primarily on the exchanges within the Chicago Mercantile Exchange
Group of exchanges (collectively, the ``CME'')).
    Reverse repurchase agreements will generally be valued at bid
prices received from independent pricing services as of the announced
closing time for trading in such instruments.

Intraday Indicative Value (``IIV'')
    According to the Registration Statement, the Exchange will
calculate and disseminate throughout the core trading session on each
trading day an updated IIV for the Fund. The IIV will be calculated by
using the Fund's prior day's closing NAV per share as a base and
updating that value throughout the trading day to reflect changes in
the most recently reported trade price for the Benchmark Component
Instruments. The net asset value of the Fund's cash and cash equivalent
holdings, on the other hand, will not be updated throughout the day.
    The IIV will be calculated on a per share basis every 15 seconds on
a delayed basis during the Core Trading Session (9:30 a.m. E.T. to 4:00
p.m. E.T.) on the Exchange. The normal trading hours of the CME are
10:00 a.m. to 2:30 p.m. E.T. This means that there is a gap in time at
the beginning and the end of each day during which the Fund's Shares
are traded on the Exchange but real-time CME trading prices for
contracts traded on the CME are unavailable. During such gaps in time
the IIV will be calculated based on the end of day price of such
contracts from the CME's immediately preceding trading session.
    According to the Registration Statement, the Fund will provide the
independent third party calculator with information to calculate the
IIV, but the Fund will not be involved in the actual calculation of the
IIV and is not responsible for the calculation or dissemination of the
IIV. The Fund makes no warranty as to the accuracy of the IIV. The IIV
should not be viewed as a ``real-time'' update of NAV because the IIV
is not calculated in the same manner as NAV, which will be computed
once per day.
    The Exchange disseminates the IIV through the facilities of CTA/CQ
High Speed Lines. In addition, the IIV is published on the NYSE Arca's
Web site and is available through on-line information services such as
Bloomberg and Reuters.
    According to the Registration Statement, dissemination of the IIV
provides additional information that is not otherwise available to the
public and is useful to investors and market professionals in
connection with the trading of the Fund Shares on the Exchange.
Investors and market professionals are able throughout the trading day
to compare the market price of the Fund and the IIV. If the market
price of the Fund Shares diverges significantly from the IIV, market
professionals will have an incentive to execute arbitrage trades. Such
arbitrage trades can tighten the tracking between the market price of
the Fund and the IIV and thus can be beneficial to all market
participants.
    The IIV should not be viewed as an actual real time update of the
NAV, because the NAV is calculated only once at the end of each trading
day based upon the relevant end of day values of the Fund's
investments. The IIV also should not be viewed as a precise value of
the Shares.
    In addition to the IIV, the value of the Benchmark Portfolio
(excluding the cash and cash equivalent holdings) will be calculated
every 15 seconds on a delayed basis and disseminated through similar
means as the IIV.
Creation and Redemption of Shares
    The Fund will offer and issue Shares only in aggregations of a
specified number of Shares (each, a ``Creation Unit''). Creation Unit
sizes will be 25,000 Shares per Creation Unit. The Creation Unit size
for a Fund may change. The Fund will create and redeem Shares from time
to time in one or more ``Creation Baskets'' or ``Redemption Baskets''
as described below. The creation and redemption of baskets will only
made in exchange for delivery to the Fund or the distribution by the
Fund of the amount of Treasuries and any cash represented by the
baskets being created or redeemed, the amount of which is based on the
combined NAV of the number of shares included in the baskets being
created or redeemed determined as of 4:00 p.m. E.T. on the day the
order to create or redeem baskets is properly received.
    On any business day other than a day when any of the NYSE Arca, the
CME or the New York Stock Exchange are closed for regular trading
(``Business Day''), an Authorized Purchaser \11\ may place an order
with the Distributor to create one or more baskets. Purchase orders
must be placed by 12:00 p.m. E.T. or the close of regular trading on
the NYSE Arca, whichever is earlier. The day on which the Distributor
receives a valid purchase order is referred to as the purchase order
date. By placing a purchase order, an Authorized Purchaser agrees to
deposit Treasuries, cash or a combination of Treasuries and cash, as
described below. Prior to the delivery of baskets for a purchase order,
the Authorized Purchaser must also have wired to the Custodian the non-
refundable transaction fee due for the purchase order.
---------------------------------------------------------------------------

    \11\ Authorized Purchasers will be the only persons that may
place orders to create and redeem baskets. Authorized Purchasers
must be (1) registered broker-dealers or other securities market
participants, and (2) have an account with the Depository Trust
Company. To become an Authorized Purchaser, a person must enter into
an Authorized Purchaser Agreement with ETFMC. The Authorized
Purchaser Agreement provides the procedures for the creation and
redemption of baskets and for the delivery of the Treasuries and any
cash required for such creation and redemptions. The Authorized
Purchaser Agreement and the related procedures attached thereto may
be amended by the Fund, without the consent of any limited partner
or shareholder or Authorized Purchaser.
---------------------------------------------------------------------------

    The total deposit required to create each basket (``Creation Basket
Deposit'') is the amount of Treasuries and/or cash that is in the same
proportion to the total assets of the Fund (net of estimated accrued
but unpaid fees, expenses and other liabilities) on the purchase order
date as the number of shares to be created under the purchase order is
in proportion to the total number of shares outstanding on the purchase
order dates. ETFMC determines, directly in its sole discretion or in
consultation with the Administrator, the requirements for Treasuries
and the amount of cash, including the maximum permitted remaining
maturity of a Treasury and proportions of Treasury and cash that may be
included in deposits to create baskets. The Distributor will publish
such requirements at the beginning of each Business Day. The amount of
cash deposit required is the difference between the aggregate market
value of the Treasuries required to be included in a Creation Basket
Deposit as of 4:00 p.m. E.T. on the date the order to purchase is
properly received and the total required deposit.
    The procedures by which an Authorized Purchaser can redeem one or
more baskets mirror the procedures for the creation of baskets. On any
Business Day, an Authorized Purchaser may place an order with the
Distributor to redeem one or more baskets. Redemption orders must be
placed by 12:00 p.m. E.T. or the close of regular trading on the NYSE
Arca, whichever is earlier. A redemption order so received will be
effective on the date it is received in satisfactory form by the
Distributor. The redemption procedures allow Authorized Purchasers to
redeem baskets and do not entitle an individual shareholder to redeem
any Shares in an amount less than a Redemption Basket, or to redeem
baskets other than through an Authorized Purchaser.
    The redemption distribution due from the Fund will be delivered to
the Authorized Purchaser by 3:00 p.m. E.T. on the third business day
following the redemption order date if, by 3:00 p.m. E.T. on such third
business day, the Fund's account at the Depositary Trust Company
(``DTC'') has been credited

with the baskets to be redeemed. If the Fund's DTC account has not been
credited with all of the baskets to be redeemed by such time, the
redemption distribution will be delivered to the extent of whole
baskets received. Any remainder of the redemption distribution will be
delivered on the next business day to the extent of remaining whole
baskets received if the Fund receives the fee applicable to the
extension of the redemption distribution date which ETFMC may, from
time to time, determine and the remaining baskets to be redeemed are
credited to the Fund's DTC account by 3:00 p.m. E.T. on such next
business day. Any further outstanding amount of the redemption order
shall be cancelled.
    The Exchange will obtain a representation prior to listing of the
Fund from the Trust that the NAV per Share will be calculated daily and
made available to all market participants at the same time.
    The Fund will meet the initial and continued listing requirements
applicable to TIRs in NYSE Arca Equities Rule 8.200 and Commentary .02
thereto. With respect to application of Rule 10A-3 \12\ under the Act,
the Fund will rely on the exception contained in Rule 10A-3(c)(7).\13\
A minimum of 100,000 Shares of the Fund will be outstanding as of the
start of trading on the Exchange.
---------------------------------------------------------------------------

    \12\ 17 CFR 240.10A-3.
    \13\ 17 CFR 240.10A-3(c)(7).
---------------------------------------------------------------------------

    The Fund's investments will be consistent with the Fund's
investment objective and will not be used to enhance leverage. That is,
the Fund's investments will not be used to seek performance that is a
multiple (e.g., 2x or 3x) or inverse multiple of the Fund's Benchmark
Portfolio.
    A more detailed description of the Fund as well as investment
risks, creation and redemption procedures and fees is set forth in the
Registration Statement.
Availability of Information Regarding the Shares
    The Fund's Web site, www.risingratefund.com, will be publicly
accessible at no charge prior to the public offering of Shares and will
include a form of the prospectus for that may be downloaded. The Web
site will include additional quantitative information updated on a
daily basis, including (a) the current NAV per Share daily and the
prior Business Day's NAV and the reported closing price; (b) the mid-
point of the bid-ask price in relation to the NAV as of the time the
NAV is calculated (the ``Bid-Ask Price''); (c) calculation of the
premium or discount of such price against such NAV; (d) the Bid-Ask
Price of Shares determined using the highest bid and lowest offer as of
the time of calculation of the NAV; (e) data in chart form displaying
the frequency distribution of discounts and premiums of the Bid-Ask
Price against the NAV, within appropriate ranges for each of the four
(4) previous calendar quarters; (f) the prospectus; and (g) other
applicable quantitative information.
    In addition, a basket composition file, which includes the security
names and share quantities required to be delivered in exchange for
Fund Shares, together with estimates and actual cash components, will
be publicly disseminated daily prior to the opening of the Exchange via
the NSCC. The basket represents one Creation Unit of the Fund.
    Investors can also obtain the Trust's Statement of Additional
Information (``SAI''), Shareholder Reports and Form N-CSR. The Trust's
SAI and Shareholder Reports are available free upon request from the
Trust, and those documents and the Form N-CSR may be viewed on-screen
or downloaded from the Commission's Web site 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.
    This Web site disclosure of the portfolio composition of the Fund
will occur at the same time as the disclosure by the Sponsor of the
portfolio composition to authorized participants so that all market
participants are provided portfolio composition information at the same
time. Therefore, the same portfolio information will be provided on the
public Web site as well as in electronic files provided to authorized
participants. Accordingly, each investor will have access to the
current portfolio composition of the Fund through the Fund's Web site.
    The IIV will be calculated by using the Fund's prior day's closing
NAV per share as a base and updating that value throughout the trading
day to reflect changes in the most recently reported trade price for
the Treasury Instruments. The IIV per Share will be widely disseminated
by one or more major market data vendors at least every 15 seconds
during the Core Trading Session.
    The NAV for the Shares will be disseminated to all market
participants at the same time. The Exchange will also make available on
its Web site daily trading volume of the Shares and the closing prices
of such Shares. The intra-day closing prices and settlement prices of
the Treasury Instruments are or will be readily available from the Web
sites of the relevant exchanges on which Treasury Instruments are
traded (primarily the CME). The relevant exchanges trading Treasury
Instruments also provide delayed futures information on current and
past trading sessions and market news free of charge on their
respective Web sites.
    Quotation information from brokers and dealers or major market data
vendors will be available for money market instruments and U.S.
Treasuries.
    Quotation and last-sale information regarding the Shares will be
disseminated through the facilities of the CTA. In addition, the Fund's
Web site, www.risingratefund.com, will display the applicable end of
day closing NAV.
Availability of Information About the Benchmark Portfolio
    The daily closing Benchmark Portfolio level and the percentage
change in the daily closing level for the Benchmark Portfolio will be
publicly available from one or more major market data vendors. Data
regarding the Benchmark Portfolio, updated every 15 seconds, will also
be available through a major market data vendor.
    Data regarding the Treasury Instruments will also be available from
the CME Web site. Data regarding the Treasury securities underlying the
Treasury Instruments will be publicly available from various financial
information service providers. Information relating to the weighting of
Treasury Instruments and the Benchmark Portfolio methodology is also
available on the Web site for Fund at www.risingratefund.com.
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. Shares will trade on
the NYSE Arca Marketplace from 4:00 a.m. to 8:00 p.m. E.T. in
accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late
Trading Sessions). The Exchange has appropriate rules to facilitate
transactions in the Shares during all trading sessions. As provided in
NYSE Arca Equities Rule 7.6, Commentary .03, the minimum price
variation (``MPV'')

for quoting and entry of orders in equity securities traded on the NYSE
Arca Marketplace is $0.01, with the exception of securities that are
priced less than $1.00 for which the MPV for order entry is $0.0001.
    The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.200. The Exchange represents
that, for initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3 \14\ under the Act, as provided by NYSE Arca
Equities Rule 5.3. A minimum of 100,000 Shares for the Fund will be
outstanding at the commencement of trading on the Exchange.
---------------------------------------------------------------------------

    \14\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    The trading of the Shares will be subject to NYSE Arca Equities
Rule 8.200, Commentary .02(e), which sets forth certain restrictions on
Equity Trading Permit (``ETP'') Holders acting as registered Market
Makers in TIRs to facilitate surveillance. See ``Surveillance'' below
for more information.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. Trading 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 underlying securities, or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present. In addition,
trading in Shares will be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule \15\ or by the halt or suspension of trading of the
underlying securities.
---------------------------------------------------------------------------

    \15\ See NYSE Arca Equities Rule 7.12.
---------------------------------------------------------------------------

    The Exchange represents that the Exchange may halt trading during
the day in which an interruption to the dissemination of the IIV
occurs. If an interruption to the dissemination of the IIV persists
past the trading day in which it occurred, the Exchange will halt
trading no later than the beginning of the trading day following the
interruption. In addition, if the Exchange becomes aware that the NAV
with respect to the Shares is not disseminated to all market
participants at the same time, it will halt trading in the Shares until
such time as the NAV is available to all market participants.
Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by the Financial
Industry Regulatory Authority (``FINRA'') on behalf of the Exchange,
which are designed to detect violations of Exchange rules and
applicable federal securities laws.\16\ The Exchange represents that
these procedures are adequate to properly monitor Exchange trading of
the Shares in all trading sessions and to deter and detect violations
of Exchange rules and federal securities laws applicable to trading on
the Exchange.
---------------------------------------------------------------------------

    \16\ FINRA surveils trading on the Exchange pursuant to a
regulatory services agreement. The Exchange is responsible for
FINRA's performance under this regulatory services agreement.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns, which could be
indicative of manipulative or other violative activity. When such
situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant trading violations.
    FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares and underlying Treasury Instruments
with other markets and entities that are members of the Intermarket
Surveillance Group (``ISG''), and FINRA, on behalf of the Exchange, may
obtain trading information regarding trading in the Shares and
underlying Treasury Instruments from such markets and other entities.
In addition, the Exchange may obtain information regarding trading in
the Shares and underlying Treasury Instruments from markets and other
entities that are members of ISG or with which the Exchange has in
place a comprehensive surveillance sharing agreement.\17\ FINRA, on
behalf of the Exchange, is able to access, as needed, trade information
for certain fixed income securities held by the Fund reported to
FINRA's Trade Reporting and Compliance Engine (``TRACE'').
---------------------------------------------------------------------------

    \17\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all instruments
traded by the Fund may trade on markets that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.
---------------------------------------------------------------------------

    For components traded on exchanges, not more than 10% of the net
assets of the Fund shall consist of components whose principal trading
market is not a member of ISG or is a market with which the Exchange
does not have a comprehensive surveillance sharing agreement.
Furthermore, not more than 10% of the net assets of a Fund in the
aggregate shall consist of futures contracts or options contracts whose
principal market is not a member of ISG or is a market with which the
Exchange does not have 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 Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin (``Bulletin'') of the special
characteristics and risks associated with trading the Shares.
Specifically, the Bulletin will discuss the following: (1) The
procedures for purchases and redemptions of Shares in Creation Basket
aggregations (and that Shares are not individually redeemable); (2)
NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence
on its ETP Holders to learn the essential facts relating to every
customer prior to trading the Shares; (3) the risks involved in trading
the Shares during the Opening and Late Trading Sessions when an updated
IIV will not be calculated or publicly disseminated; (4) how
information regarding the IIV is disseminated; (5) the requirement that
ETP Holders deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (6) trading information.
    In addition, the Bulletin will reference that the Fund is subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Act. The
Bulletin will also disclose that the NAV for the Shares will be
calculated after 4:00 p.m. E.T. each trading day.
    The Information Circular will disclose that information about the
Shares of the Fund will be publicly available on the Fund's Web site.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \18\ 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.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b)(5).

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

    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
initial and continued listing criteria in NYSE Arca Equities Rule 8.200
and Commentary .02 thereto. The Fund will seek to achieve its
investment objective by tracking the performance of the Benchmark
Portfolio. The Sponsor represents that the Trust will invest in
Treasury Instruments in a manner consistent with the Trust's investment
objective and will not use futures contracts or options to obtain
leveraged investment results. The Sponsor is not broker-dealer or
affiliated with a broker-dealer. The Sponsor represents that it will
implement and maintain procedures designed to prevent the use and
dissemination of material non-public information. The Exchange has in
place surveillance procedures that are adequate to properly monitor
trading in the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable federal securities laws.
FINRA, on behalf of the Exchange, will communicate as needed regarding
trading in the Shares and underlying Treasury Instruments with other
markets and other entities that are members of the ISG, and FINRA, on
behalf of the Exchange, may obtain trading information regarding
trading in the Shares and underlying Treasury Instruments from such
markets and other entities. In addition, the Exchange may obtain
information regarding trading in the Shares and underlying Treasury
Instruments from markets and other entities that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement. FINRA, on behalf of the Exchange, is able to access,
as needed, trade information for certain fixed income securities held
by the Fund reported to TRACE. For components traded on exchanges, not
more than 10% of the net assets of the Fund shall consist of components
whose principal trading market is not a member of ISG or is a market
with which the Exchange does not have a comprehensive surveillance
sharing agreement. Furthermore, not more than 10% of the net assets of
a Fund in the aggregate shall consist of futures contracts or options
contracts whose principal market is not a member of ISG or is a market
with which the Exchange does not have a comprehensive surveillance
sharing agreement. The NAV for the Shares will be disseminated to all
market participants at the same time. The Exchange will also make
available on its Web site daily trading volume of the Shares and the
closing prices of such Shares. The intra-day closing prices and
settlement prices of the Treasury Instruments are or will be readily
available from the Web sites of the relevant exchanges on which
Treasury Instruments are traded (primarily the CME). The relevant
exchanges trading Treasury Instruments also provide delayed futures
information on current and past trading sessions and market news free
of charge on their respective Web sites.
    In addition, quotation information from brokers and dealers or
major market data vendors will be available for money market
instruments.
    Quotation and last-sale information regarding the Shares will be
disseminated through the facilities of the CTA. In addition, the Fund's
Web site, www.risingratefund.com, will display the applicable end of
day closing NAV.
    The daily closing Benchmark Portfolio level and the percentage
change in the daily closing level for the Benchmark Portfolio will be
publicly available from one or more major market data vendors. Data
regarding the Benchmark Portfolio, updated every 15 seconds, will also
available on a major market data vendor. Data regarding the Treasury
Instruments will also available from the CME Web site. Data regarding
the Treasury securities underlying the Treasury Instruments will be
publicly available from various financial information service
providers. Information relating to the weighting of Treasury
Instruments and the Benchmark Portfolio methodology is also available
on the Web site for Fund at www.risingratefund.com.
    Trading 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 underlying securities, or (2) whether other unusual
conditions or circumstances detrimental to the maintenance of a fair
and orderly market are present. Trading in Shares will be subject to
trading halts caused by extraordinary market volatility pursuant to the
Exchange's ``circuit breaker'' rule or by the halt or suspension of
trading of the underlying securities. The Exchange represents that the
Exchange may halt trading during the day in which an interruption to
the dissemination of the IIV occurs. If an interruption to the
dissemination of the IIV persists past the trading day in which it
occurred, the Exchange will halt trading no later than the beginning of
the trading day following the interruption. In addition, if the
Exchange becomes aware that the NAV with respect to the Shares is not
disseminated to all market participants at the same time, it will halt
trading in the Shares until such time as the NAV is available to all
market participants.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that a large amount of information is publicly available regarding the
Shares, thereby promoting market transparency. The Fund's NAV will be
disseminated to all market participants at the same time. The IIV will
be disseminated at least every 15 seconds during the Core Trading
Session. Trading in the Shares will be halted if the circuit breaker
parameters in NYSE Arca Equities Rule 7.12 have been reached or because
of market conditions or for reasons that, in the view of the Exchange,
make trading in the Shares inadvisable. Moreover, prior to the
commencement of trading, the Exchange will inform its ETP Holders in an
Information Bulletin of the special characteristics and risks
associated with trading the Shares.
    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
an additional type of trust issued receipts that will enhance
competition among market participants, to the benefit of investors and
the marketplace. As noted above, FINRA, on the Exchange's behalf, has
in place surveillance procedures relating to trading in the Shares and
underlying Treasury Instruments and may obtain information via ISG from
other exchanges that are members of ISG or with which the Exchange has
entered into a comprehensive surveillance sharing agreement. In
addition, as noted above, investors will have ready access to
information regarding the Fund's holdings, IIV, 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 will facilitate the listing and trading of an
additional type of Trust Issued Receipts product that will principally
hold fixed income securities and derivatives thereon, and that will
enhance competition among market participants,

to the benefit of investors and the marketplace.

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

    No written comments were solicited or received with respect to the
proposed rule change.

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be 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-NYSEArca-2014-120 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-NYSEArca-2014-120. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2014-120, and
should be submitted on or before November 25, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-26125 Filed 11-3-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 26, 2011 (Volume 76, Number 80)]
[Rules and Regulations]
[Page 23187-23188]
[DOCID:fr26ap11-6]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2011-0276]

Drawbridge Operation Regulation; New Jersey Intracoastal Waterway
(NJICW), Beach Thorofare, NJ

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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

SUMMARY: The Commander, Fifth Coast Guard District, has issued a
temporary deviation from the regulations governing the operation of the
Route 30/Absecon Boulevard Bridge across Beach Thorofare, at NJICW mile
67.2, at Atlantic City, NJ. This deviation is necessary to facilitate
extensive rehabilitation and maintenance in order to maintain the
bridge's operational integrity. Under this deviation, the bascule lift
span of the drawbridge will remain in the closed-to-navigation position
for the extent of the effective period.

DATES: This deviation is effective from 7 a.m. on September 16, 2011
through 11:59 p.m. on January 13, 2012.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2011-0276 and are available online
by going to http://www.regulations.gov, inserting USCG-2011-0276 in the
``Keyword'' box and then clicking ``Search''. They are also available
for inspection or copying at the Docket Management Facility (M-30),
U.S. Department of Transportation, West Building Ground Floor, Room
W12-140, 1200 New Jersey Avenue, SE., Washington, DC 20590,

between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or e-mail Waverly W. Gregory, Jr., Bridge Administrator, Fifth
Coast Guard District; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the
docket, call Renee V. Wright, Program Manager, Docket Operations,
telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The New Jersey Department of Transportation
(NJDOT) owns and operates the bascule-lift span of the Route 30/Absecon
Boulevard Bridge across Beach Thorofare along the NJICW, at Atlantic
City, NJ. The bridge has a vertical clearance, in the closed position,
to vessels of 20 feet, above mean high water. The current operating
regulations are outlined at 33 CFR 117.733(e), which require that the
bridge shall open on signal but only if at least four hours of notice
is given; except that from April 1 through October 31, from 7 a.m. to
11 p.m., the draw need only open on the hour.
    The contractor, IEW Construction Group, on behalf of NJDOT, has
requested a temporary deviation to the existing regulations for the
Route 30/Absecon Boulevard Bridge in order to facilitate necessary
repairs. The work primarily consists of replacing span locks,
substructure and superstructure structural repairs, seismic retrofit of
piers, cleaning and painting bearings, upgrading the mechanical and
electrical systems and renovating the operator and gate house. Under
this deviation, the bascule lift span of the drawbridge will be
maintained in the closed-to-navigation position from 7 a.m. on
September 16, 2011, through 11:59 p.m. on January 13, 2012.
    Bridge opening data, supplied by NJDOT and reviewed by the Coast
Guard, revealed vessel openings of the draw span between the months of
September and December in 2010 and in January 2011. Specifically, in
2010 from September through December, the bridge opened, respectively,
59, 37, 19, and 4 times for vessels; and, in January 2011, the bridge
opened only 3 times for vessels.
    The Coast Guard will inform the users of the waterway through our
Local and Broadcast Notices to Mariners of the closure period so that
vessels can arrange their transits to minimize any impact caused by the
temporary deviation.
    Under this deviation, the navigable channel will not be obstructed
so vessels that can pass under the bridge without a bridge opening may
continue to do so at anytime. The Atlantic Ocean is an alternate route
for vessels with mast heights greater than 20 feet. Due to the nature
and extent of the scheduled maintenance, the drawbridge will be unable
to open in the event of an emergency.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the designated
time period. This deviation from the operating regulation is authorized
under 33 CFR 117.35.

    Dated: April 12, 2011.
Waverly W. Gregory, Jr.,
Chief, Bridge Administration Branch, Fifth Coast Guard District.
[FR Doc. 2011-9988 Filed 4-25-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register: October 13, 2006 (Volume 71, Number 198)]
[Notices]
[Page 60497-60498]
[DOCID:fr13oc06-51]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP06-5-003]

Empire State Pipeline and Empire Pipeline, Inc.; Notice of
Compliance Filing

October 5, 2006.
    Take notice that on September 18, 2006, Empire State Pipeline and
Empire Pipeline, Inc. (collectively Empire), submitted a compliance
filing pursuant to ``Preliminary Determination on Non-Environmental
Issues'' issued July 20, 2006 in Docket No. CP06-5-000, et al., 116
FERC ] 61,074.
    Empire states that the filing contains: (1) Revised pro forma
tariff sheets reflecting the Commission's rulings in the July 20, 2006
order as required by Ordering Paragraph G, which include revised
recourse rates in accordance with Ordering Paragraph H; (2) revised
Exhibit N, Parts 1 and 3, which shows the derivation of the revised
initial rates, in accordance with Ordering Paragraph H, including
support for

Empire's proposed discount adjustment, as required by Paragraph 106 of
the July 20, 2006 order; and (3) the Affidavit of Ronald C. Kraemer,
Vice President, which includes additional support for Empire's proposes
discount adjustment, as required by Paragraph 106.
    Any person desiring to protest this filing must file in accordance
with Rule 211 of the Commission's Rules of Practice and Procedure (18
CFR 385.211). Protests to this filing will be considered by the
Commission in determining the appropriate action to be taken, but will
not serve to make protestants parties to the proceeding. Such protests
must be filed on or before the date as indicated below. Anyone filing a
protest must serve a copy of that document on all the parties to the
proceeding.
    The Commission encourages electronic submission of protests in lieu
of paper using the ``eFiling'' link at http://www.ferc.gov. Persons

unable to file electronically should submit an original and 14 copies
of the protest to the Federal Energy Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
    This filing is accessible on-line at http://www.ferc.gov, using the

``eLibrary'' link and is available for review in the Commission's
Public Reference Room in Washington, DC. There is an ``eSubscription''
link on the Web site that enables subscribers to receive e-mail
notification when a document is added to a subscribed docket(s). For
assistance with any FERC Online service, please e-mail
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For

TTY, call<PHONE_NUMBER>.
    Comment Date: 5 p.m. Eastern Time October 23, 2005.

Magalie R. Salas,
Secretary.
[FR Doc. E6-16970 Filed 10-12-06; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 79, Number 166 (Wednesday, August 27, 2014)]
[Notices]
[Pages 51180-51182]
[FR Doc No: 2014-20359]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-D-1167]

Draft Guidance for Industry on Controlled Correspondence Related
to Generic Drug Development; Availability

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing the
availability of a draft guidance for industry entitled ``Controlled

Correspondence Related to Generic Drug Development.'' The guidance
document provides information regarding the process by which human
generic drug manufacturers and related industry can submit
correspondence to FDA requesting information on generic drug
development. This guidance also describes FDA's process for providing
communications related to such correspondence.

DATES: Although you can comment on any guidance at any time (see 21 CFR
10.115(g)(5)), to ensure that the Agency considers your comment on this
draft guidance before it begins work on the final version of the
guidance, submit either electronic or written comments on the draft
guidance by October 27, 2014. Submit either electronic or written
comments concerning the collection of information proposed in the draft
guidance by October 27, 2014.

ADDRESSES: Submit written requests for single copies of the draft
guidance to the Division of Drug Information, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 51, Rm. 2201, Silver Spring, MD 20993-0002. Send
one self-addressed adhesive label to assist that office in processing
your requests. See the SUPPLEMENTARY INFORMATION section for electronic
access to the draft guidance document.
    Submit electronic comments on the draft guidance and the collection
of information proposed in the draft guidance to http://www.regulations.gov. Submit written comments to the Division of Dockets
Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane,
Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: Maryll Toufanian, Center for Drug
Evaluation and Research, Food and Drug Administration, 10903 New
Hampshire Ave., Bldg. 75, Rm. 1682, Silver Spring, MD 20993-0002, 240-
402-7944<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    FDA is announcing the availability of a draft guidance for industry
entitled ``Controlled Correspondence Related to Generic Drug
Development.'' On July 9, 2012, the Generic Drug User Fee Amendments of
2012 (GDUFA) were signed into law by the President to speed the
delivery of safe and effective generic drugs to the public and to
reduce costs to industry. Under GDUFA, FDA agreed to certain
obligations as laid out in the GDUFA Commitment Letter that accompanies
the legislation (Ref. 1). Among these obligations is FDA's commitment
to performance metrics for the response to controlled correspondence
for fiscal years (FYs) 2015 through 2017. For example, FDA has
committed to respond to 90 percent of controlled correspondence within
2 months from the date of submission in Year 5 of the program, which
begins on October 1, 2016.
    The GDUFA Commitment Letter described controlled correspondence as
follows: ``FDA's Office of Generic Drugs provides assistance to
pharmaceutical firms and related industry regarding a variety of
questions posed as `controlled documents.' See [http://www.fda.gov/AboutFDA/CentersOffices/officeofmedicalproductsandtobacco/CDER/ucm120610.htm (Ref. 2)]. Controlled correspondence does not include
citizen petitions, petitions for reconsideration, or requests for
stay.'' The draft guidance is intended to further refine this
description to best support the aims of the identified in the GDUFA
Commitment Letter of ensuring the safety of generic drug products;
enhancing access by expediting the availability of these products; and
enhancing transparency by, among other things, improving FDA's
communications and feedback with industry in order to expedite product
access. In addition, this guidance provides detail and recommendations
concerning what inquiries FDA considers as controlled correspondence
for the purposes of meeting the Agency's GDUFA commitment, what
information requestors can include in a controlled correspondence to
facilitate FDA's consideration of and response to a controlled
correspondence, and what information FDA will provide in its
communications to entities that have submitted a controlled
correspondence.
    This draft guidance is being issued consistent with FDA's good
guidance practices regulation (21 CFR 10.115). The draft guidance, when
finalized, will represent the Agency's current thinking on controlled
correspondence related to generic drug development. It does not create
or confer any rights for or on any person and does not operate to bind
FDA or the public. An alternative approach may be used if such approach
satisfies the requirements of the applicable statutes and regulations.

II. Paperwork Reduction Act of 1995

    This draft guidance contains information collection provisions that
are subject to review by the Office of Management and Budget under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The title,
description, and respondent description of the information collection
are given under this section with an estimate of the reporting burden.
Included in the estimate is the time for reviewing instructions,
searching existing data sources, gathering and maintaining the data
needed, and completing and reviewing the collection of information.
    We invite comments on these topics: (1) Whether the proposed
collection of information is necessary for the proper performance of
FDA's functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.
    Title: Controlled Correspondence Related to Generic Drug
Development.
    Description: Under GDUFA, FDA has agreed to specific program
enhancements and performance goals specified in the GDUFA Commitment
Letter. One of the performance goals applies to controlled
correspondence related to generic drug development. The Commitment
Letter includes details on FDA's commitment to respond to questions
submitted as controlled correspondence within certain time frames. To
facilitate FDA's prompt consideration of the controlled correspondence
and response, and to assist in meeting the prescribed time frames, FDA
recommends including the following information in the inquiry: (1)
Name, title, address, phone number, and entity of the person submitting
the inquiry; (2) an email address; (3) an FDA-assigned control number
and submission date of any previous related correspondence, if
applicable; (4) the relevant reference listed drug, as applicable,
including the application number, proprietary (brand) name,
manufacturer, active ingredient, dosage form, and strength(s); (5) a
concise statement of the inquiry; (6) a recommendation of the
appropriate FDA review discipline; and (7) relevant prior research and
supporting materials.
    The following information is based on inquiries considered
controlled correspondence and submitted to FDA for FYs 2011, 2012, and
2013. FDA estimates approximately 217 generic drug manufacturers and
related industry (e.g., contract research organizations conducting
bioanalytical or bioequivalence clinical trials) or their

representatives would each submit an average of 4.7 inquiries annually
for a total of 1,020 inquiries [1,020 / 217 = 4.7]. Information
submitted with each inquiry varies widely in content, depending on the
complexity of the request. Inquiries that are defined as controlled
correspondence (i.e., inquiries that request information on a specific
element of generic drug product development) may range from a simple
inquiry on generic drug labeling to a more complex inquiry for a
formulation assessment for a specific proposed generic drug product. As
a result, these inquiries can vary between 1 to 10 burden hours,
respectively.
    Because the content of inquiries considered controlled
correspondence is widely varied, we are providing an average burden
hour for each inquiry. We estimate that it will take an average of 5
hours per inquiry for industry to gather necessary information, prepare
the request, and submit the request to FDA. As a result, we estimate
that it will take an average of 5,100 total hours annually for industry
to prepare and submit inquiries considered controlled correspondence.

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of
              Submission of controlled correspondence                   Number of      responses per     Total annual   Average  burden    Total hours
                                                                       respondents       respondent       responses      per  response
--------------------------------------------------------------------------------------------------------------------------------------------------------
Manufacturers, Related Industry, and Representatives...............             217              4.7            1,020                5            5,100
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

III. Comments

    Interested persons may submit either electronic comments regarding
this document to http://www.regulations.gov or written comments to the
Division of Dockets Management (see ADDRESSES). It is only necessary to
send one set of comments. Identify comments with the docket number
found in brackets in the heading of this document. Received comments
may be seen in the Division of Dockets Management between 9 a.m. and 4
p.m., Monday through Friday, and will be posted to the docket at http://www.regulations.gov.

IV. Electronic Access

    Persons with access to the Internet may obtain the document at
either http://www.fda.gov/Drugs/GuidanceComplianceRegulatoryInformation/Guidances/default.htm or http://www.regulations.gov.

V. References

1. Generic Drug User Fee Act Program Performance Goals and
Procedures (GDUFA Commitment Letter) for fiscal years 2013 through
2017, available at http://www.fda.gov/downloads/ForIndustry/UserFees/GenericDrugUserFees/UCM282505.pdf).
2. Id. at p. 15. The Web page quoted in the controlled
correspondence definition has been updated as the link provided in
the GDUFA Commitment Letter is no longer accessible.

    Dated: August 22, 2014.
Peter Lurie,
Associate Commissioner for Policy and Planning.
[FR Doc. 2014-20359 Filed 8-26-14; 8:45 am]
BILLING CODE 4164-01-P