[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Notices]
[Pages 19990-19998]
[FR Doc No: 2022-07188]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-94569; File No. SR-NYSEArca-2022-16]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change To List and Trade
Shares of the DoubleLine Shiller CAPE U.S. Equities ETF Under Rule
8.900-E (Managed Portfolio Shares)

March 31, 2022.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on March 31, 2022, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange'') 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 self-regulatory
organization. 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\ 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 DoubleLine
Shiller CAPE[supreg] U.S. Equities ETF under Rule 8.900-E. The proposed
rule change is available on the Exchange's website 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    NYSE Arca Rule 8.900-E permits the listing and trading, or trading
pursuant to unlisted trading privileges, of Managed Portfolio Shares,
which are securities issued by an actively managed open-end investment
management company.\4\ Rule 8.900-E(b)(1) requires

the Exchange to file separate proposals under Section 19(b) of the Act
before listing and trading any series of Managed Portfolio Shares on
the Exchange. Therefore, the Exchange is submitting this proposal in
order to list and trade Managed Portfolio Shares of the DoubleLine
Shiller CAPE[supreg] U.S. Equities ETF (the ``Fund'') under Rule 8.900-
E.
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    \4\ Rule 8.900-E(c)(1) provides that the term ``Managed
Portfolio Share'' means a security that (a) represents an interest
in an investment company registered under the Investment Company Act
of 1940 (``Investment Company'') organized as an open-end management
investment company that invests in a portfolio of securities
selected by the Investment Company's investment adviser consistent
with the Investment Company's investment objectives and policies;
(b) is issued in a Creation Unit, or multiples thereof, in return
for a designated portfolio of instruments (and/or an amount of cash)
with a value equal to the next determined net asset value and
delivered to the Authorized Participant (as defined in the
Investment Company's Form N-1A filed with the Commission) through a
Confidential Account; (c) when aggregated into a Redemption Unit, or
multiples thereof, may be redeemed for a designated portfolio of
instruments (and/or an amount of cash) with a value equal to the
next determined net asset value delivered to the Confidential
Account for the benefit of the Authorized Participant; and (d) the
portfolio holdings for which are disclosed within at least 60 days
following the end of every fiscal quarter.
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    The Commission has previously approved listing and trading on the
Exchange of Managed Portfolio Shares under NYSE Arca Rule 8.900-E.\5\
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    \5\ See Securities Exchange Act Release Nos. 89663 (August 25,
2020), 85 FR 53868 (August 31, 2020) (SR-NYSEArca-2020-48) (Order
Approving a Proposed Rule Change, as Modified by Amendment No. 1, To
List and Trade Shares of Gabelli ETFs Under Rule 8.900-E, Managed
Portfolio Shares); 90528 (November 30, 2020), 85 FR 78389 (December
4, 2020) (SR-NYSEArca-2020-80) (Order Approving a Proposed Rule
Change, as Modified by Amendment No. 2, To List and Trade Shares of
Alger Mid Cap 40 ETF and Alger 25 ETF Under Rule 8.900-E); and 90683
(December 16, 2020), 85 FR 83665 (December 22, 2020) (SR-NYSEArca-
2020-94) (Order Approving a Proposed Rule Change, as Modified by
Amendments No. 1 and No. 2, To List and Trade Shares of the
AdvisorShares Q Portfolio Blended Allocation ETF and AdvisorShares Q
Dynamic Growth ETF Under NYSE Arca Rule 8.900-E). See also
Securities Exchange Act Release No. 92349 (July 19, 2021), 86 FR
39084 (July 23, 2021) (SR-NYSEArca-2021-54) (Notice of Filing and
Immediate Effectiveness of Proposed Rule Change to List and Trade
Shares of the Cambiar Large Cap ETF, Cambiar Small Cap ETF and
Cambiar SMID ETF) (the ``Cambiar Notice'').
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Description of the Fund and the Trust
    The shares of the Fund (the ``Shares'') will be issued by the
DoubleLine ETF Trust (the ``Trust''), a business trust organized under
the laws of the state of Delaware and registered with the Commission as
an open-end management investment company.\6\ The investment adviser to
the Fund will be DoubleLine ETF Adviser LP (the ``Adviser''). Foreside
Fund Services, LLC (the ``Distributor'') will serve as the distributor
for the Fund's Shares. All statements and representations made in this
filing regarding (a) the description of the portfolio or reference
assets, (b) limitations on portfolio holdings or reference assets, or
(c) the applicability of Exchange rules shall constitute continued
listing requirements for listing the Shares on the Exchange, as
provided under Rule 8.900-E(b)(1).
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    \6\ The Trust is registered under the Investment Company Act of
1940 (the ``1940 Act''). On October 4, 2021, the Trust filed a
registration statement on Form N-1A under the Securities Act of 1933
(the ``1933 Act'') and the 1940 Act for the Fund (File No. 811-
23746) (the ``Registration Statement''). The Trust subsequently
amended the Registration Statement on December 30, 2021 and February
18, 2022. The Commission issued an order granting exemptive relief
to the Trust (``Exemptive Order'') under the 1940 Act on March 8,
2022 (Investment Company Act Release No. 34527). The Exemptive Order
was granted in response to the Trust's application for exemptive
relief (the ``Exemptive Application'') (File No. 812-15273). The
description of the operation of the Trust and the Fund herein is
based, in part, on the Registration Statement. The Exchange will not
commence trading in Shares of the Fund until the Registration
Statement is effective.
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    Rule 8.900-E(b)(4) provides that, if the investment adviser to the
Investment Company issuing Managed Portfolio Shares is registered as a
broker-dealer or is affiliated with a broker-dealer, such investment
adviser will erect and maintain a ``fire wall'' between the investment
adviser and personnel of the broker-dealer or broker-dealer affiliate,
as applicable, with respect to access to information concerning the
composition of and/or changes to such Investment Company portfolio and/
or the Creation Basket.\7\ Any person related to the investment adviser
or Investment Company who makes decisions pertaining to the Investment
Company's portfolio composition or has access to information regarding
the Investment Company's portfolio composition or changes thereto or
the Creation Basket must be subject to procedures designed to prevent
the use and dissemination of material non-public information regarding
the applicable Investment Company portfolio or changes thereto or the
Creation Basket.
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    \7\ Rule 8.900-E(c)(5) provides that the term ``Creation
Basket'' means, on any given business day, the names and quantities
of the specified instruments (and/or an amount of cash) that are
required for an AP Representative to deposit in-kind on behalf of an
Authorized Participant in exchange for a Creation Unit and the names
and quantities of the specified instruments (and/or an amount of
cash) that will be transferred in-kind to an AP Representative on
behalf of an Authorized Participant in exchange for a Redemption
Unit, which will be identical and will be transmitted to each AP
Representative before the commencement of trading.
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    Rule 8.900-E(b)(4) is similar to Commentary .03(a)(i) and (iii) to
Rule 5.2-E(j)(3); however, Commentary .03(a) 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.\8\
Rule 8.900-E(b)(4) is also similar to Commentary .06 to Rule 8.600-E
related to Managed Fund Shares, except that Rule 8.900-E(b)(4) relates
to establishment and maintenance of a ``fire wall'' between the
investment adviser and personnel of the broker-dealer or broker-dealer
affiliate, as applicable, with respect to an Investment Company's
portfolio and Creation Basket, and not just to the underlying
portfolio, as is the case with Managed Fund Shares. The Adviser is not
registered as a broker-dealer but is affiliated with a broker-dealer.
The Adviser has implemented and will maintain a ``fire wall'' with
respect to such broker-dealer affiliate regarding access to information
concerning the composition of and/or changes to the Fund's portfolio
and/or Creation Basket.
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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 (the ``Advisers
Act''). As a result, the Adviser and its related personnel will be
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
violations, by the investment adviser and its supervised persons, of
the Advisers Act and the Commission rules adopted thereunder; (ii)
implemented, at a minimum, an annual review regarding the adequacy
of the policies and procedures established pursuant to subparagraph
(i) above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above. The Fund will also be required to comply
with Exchange rules relating to disclosure, including Rule 5.3-E(i).
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    In the event (a) the Adviser or any sub-adviser becomes registered
as a broker-dealer or becomes newly affiliated with a broker-dealer, or
(b) any new adviser or sub-adviser is a registered broker-dealer, or
becomes affiliated with a broker-dealer, it will implement and maintain
a fire wall with respect to personnel of the broker-dealer or broker-
dealer affiliate regarding access to information concerning the
composition and/or changes to the portfolio and/or Creation Basket. Any
person related to the Adviser or the Trust who makes decisions
pertaining to the Fund's portfolio composition or that has access to
information regarding the Fund's portfolio composition or that has
access to information regarding the Fund's portfolio or changes thereto
or the Creation Basket will be subject to procedures designed to
prevent the use and dissemination of material non-public information
regarding such portfolio or changes thereto and the Creation Basket.
    Further, Rule 8.900-E(b)(5) requires that any person or entity,
including an AP Representative (as defined below),

custodian, Reporting Authority, distributor, or administrator, who has
access to non-public information regarding the Investment Company's
portfolio composition or changes thereto or the Creation Basket, must
be subject to procedures reasonably designed to prevent the use and
dissemination of material non-public information regarding the
applicable Investment Company portfolio or changes thereto or the
Creation Basket. Moreover, if any such person or entity is registered
as a broker-dealer or affiliated with a broker-dealer, such person or
entity will erect and maintain a ``fire wall'' between the person or
entity and the broker-dealer with respect to access to information
concerning the composition and/or changes to such Investment Company
portfolio or Creation Basket.
Description of the Fund 9
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    \9\ The Exchange represents that, for initial and continued
listing, the Fund will be in compliance with Rule 10A-3 under the
Act. See 17 CFR 240.10A-3.
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    The Fund's holdings will conform to the permissible investments as
set forth in the Exemptive Application and Exemptive Order, and the
holdings will be consistent with all requirements in the Exemptive
Application and Exemptive Order.\10\
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    \10\ Pursuant to the Exemptive Order, the only permissible
investments for the Fund are the following that trade on a U.S.
exchange contemporaneously with Shares of the Fund: Exchange-traded
funds (``ETFs''), exchange-traded notes, exchange-listed common
stocks, exchange-traded preferred stocks, exchange-traded American
Depositary Receipts, exchange-traded real estate investment trusts,
exchange-traded commodity pools, exchange-traded metal trusts,
exchange-traded currency trusts, and exchange-traded futures for
which the reference asset is one in which the Fund may invest
directly, in the case of an index future traded on a U.S. exchange,
is based on an index, the components of which are a type of asset in
which the Fund could invest directly, as well as cash and cash
equivalents (which are short-term U.S. Treasury securities,
government money market funds, and repurchase agreements). All of
the equity instruments or futures held by the Fund will be traded on
an exchange that is a member of the Intermarket Surveillance Group
(``ISG'') or affiliated with a member of ISG or with which the
Exchange has in place a comprehensive surveillance sharing
agreement.
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    The Fund's primary objective is to seek total return which exceeds
the total return of the S&P 500 Index. The Fund will, under normal
circumstances, invest at least 80% of its net assets in U.S. equity
securities. The Fund's Adviser will reference the Shiller Barclays
CAPE[supreg] US Sector TR USD Index when making investment decisions
for the Fund but has the discretion to invest in securities not
included in the Index.\11\ The Fund may also invest in other investment
companies, including, for example, other open-end or closed-end
investment companies and ETFs.
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    \11\ The Shiller Barclays CAPE[supreg] US Sector TR USD Index
(the ``Index'') incorporates the principles of long-term investing
distilled by Dr. Robert Shiller and expressed through the
CAPE[supreg] (Cyclically Adjusted Price Earnings) ratio (the
``CAPE[supreg] Ratio''). The classic CAPE[supreg] Ratio assesses
equity market valuations and averages ten years of inflation
adjusted earnings to account for earnings and market cycles. The
Index's composition is determined monthly. Each month, the Index's
methodology ranks eleven US sectors based on a modified CAPE[supreg]
Ratio (a ``value'' factor) and a twelve-month price momentum factor
(a ``momentum'' factor). Each US sector is represented by a sector
ETF that tracks a sector index, and Index methodology selects the
five US sectors with the lowest modified CAPE[supreg] Ratio (the
sectors that are the most undervalued according to the CAPE[supreg]
Ratio). The sector with the worst 12-month price momentum among the
five selected sectors is eliminated, such that only four of the five
sectors would be included in the Index for a given month. The Index
methodology allocates an equally weighted long (i.e., investment)
exposure to the four remaining US sectors.
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Investment Restrictions
    The Fund's holdings will be consistent with all requirements
described in the Exemptive Application and Exemptive Order.\12\
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    \12\ See note 10, supra.
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    The Fund's investments, including derivatives, will be consistent
with its investment objective and will not be used to enhance leverage
(although certain derivatives and other investments may result in
leverage). That is, the Fund's investments will not be used to seek
performance that is the multiple or inverse multiple (e.g., 2X or -3X)
of the Fund's primary broad-based securities benchmark index.\13\
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    \13\ The Fund's broad-based securities benchmark index will be
the S&P 500 Index.
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Creations and Redemptions of Shares
    Creations and redemptions of Shares will take place as described in
Rule 8.900-E. Specifically, in connection with the creation and
redemption of Creation Units \14\ the delivery or receipt of any
portfolio securities in-kind will be required to be effected through a
separate confidential brokerage account (a ``Confidential
Account'').\15\ An Authorized Participant (``AP''), as defined in the
applicable Form N-1A filed with the Commission, will sign an agreement
with an AP Representative \16\ establishing the Confidential Account
for the benefit of the AP. AP Representatives will be broker-dealers.
An AP must be a participant in the Continuous Net Settlement System of
the National Securities Clearing Corporation (``NSCC'') or a
participant in the Depository Trust Company (``DTC''), and must have
executed an authorized participant agreement (``Participant
Agreement'') with the Distributor with respect to the creation and
redemption of Creation Units and formed a Confidential Account for its
benefit in accordance with the terms of the Participant Agreement. For
purposes of creations or redemptions, all transactions will be effected
through the respective AP's Confidential Account, for the benefit of
the AP, without disclosing the identity of such securities to the AP.
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    \14\ Rule 8.900-E(c)(6) provides that the term ``Creation Unit''
means a specified minimum number of Managed Portfolio Shares issued
by an Investment Company at the request of an Authorized Participant
in return for a designated portfolio of instruments and/or cash.
Rule 8.900-E(c)(7) provides that the term ``Redemption Unit'' means
a specified minimum number of Managed Portfolio Shares that may be
redeemed to an Investment Company at the request of an Authorized
Participant in return for a portfolio of instruments and/or cash.
For purposes of this filing, the terms ``Creation Unit'' means
either a Creation Unit as defined in Rules 8.900-E(c)(6) or a
Redemption Unit as defined in Rule 8.900-E(c)(7).
    \15\ Rule 8.900-E(c)(4) provides that the term ``Confidential
Account'' means an account owned by an Authorized Participant and
held with an AP Representative on behalf of the Authorized
Participant. The account will be established and governed by
contractual agreement between the AP Representative and the
Authorized Participant solely for the purposes of creation and
redemption, while keeping confidential the Creation Basket
constituents of each series of Managed Portfolio Shares, including
from the Authorized Participant. The books and records of the
Confidential Account will be maintained by the AP Representative on
behalf of the Authorized Participant.
    \16\ Rule 8.900-E(c)(3) provides that the term ``AP
Representative'' means an unaffiliated broker-dealer, with which an
Authorized Participant has signed an agreement to establish a
Confidential Account for the benefit of such Authorized Participant,
that will deliver or receive, on behalf of the Authorized
Participant, all consideration to or from the Investment Company in
a creation or redemption. An AP Representative will not be permitted
to disclose the Creation Basket to any person, including the
Authorized Participants.
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    Each business day, the Fund's custodian will transmit the
composition of the Fund's Creation Basket (as described below) to each
AP Representative. This information will permit an AP that has
established a Confidential Account with an AP Representative to
transact in the underlying securities of the Creation Basket through
their AP Representatives, enabling them to engage in in-kind creation
or redemption activity without knowing the identity or weighting of
those securities. Fund Shares will be issued and redeemed in Creation
Units of 10,000 Shares. The size of a Creation Unit is subject to
change. The Fund will offer and redeem Creation Units on a continuous
basis at the net asset value (``NAV'') per Share next determined after
receipt of an order in proper form. The Fund's NAV per Share will be
determined as of the closing time of the regular trading session on the
Exchange

(ordinarily, 4:00 p.m. E.T.) on each day that the Exchange is open.
    In order to keep costs low and permit the Fund to be as fully
invested as possible, Shares will be purchased and redeemed in Creation
Units and principally in-kind for securities or in cash for the value
of such securities. The Fund will issue Creation Units principally in
exchange for (i) the in-kind deposit of a designated portfolio of
securities (the ``Deposit Securities''), which for each Creation Unit
will constitute a substantial replication, or a representation, of the
securities included in the Fund's portfolio, and (ii) if applicable, an
amount of cash (the ``Cash Component''). Together, the Deposit
Securities and the Cash Component, if applicable, constitute the ``Fund
Deposit.'' The Deposit Securities and the securities that will be
delivered in an in-kind transfer in a redemption (the ``Fund
Securities'') will be identical. The Cash Component is an amount equal
to the difference between the NAV of the Shares of the Fund (per
Creation Unit) and the market value of the Deposit Securities. The Cash
Component serves the function of compensating for any differences
between the NAV per Creation Unit and the market value of the Deposit
Securities.
    On each business day, prior to the opening of business on the
Exchange (ordinarily, 9:30 a.m. E.T.), the custodian will make
available through NSCC the list of the company names and the required
number of shares of each Deposit Security, as applicable, and Cash
Component, as applicable, to be included in the current Fund Deposit
(based on information at the end of the previous business day) for the
Fund. The Deposit Securities, as applicable, and Cash Component, as
applicable, announced are applicable to purchases of Creation Units
until the next-announced composition of the Fund Deposit. When full or
partial cash purchases of Creation Units are available or specified for
the Fund, they will be effected in essentially the same manner as in-
kind purchases thereof.
    Purchases and redemptions of Creation Units may be made in whole or
in part on a cash basis, rather than in kind, solely under the
following circumstances: (a) To the extent there is a Cash Component;
(b) if, on a given business day, the Fund announces before the open of
trading that all purchases, all redemptions, or all purchases and
redemptions on that day will be made entirely in cash; (c) if, upon
receiving a purchase or redemption order from an AP, a Fund determines
to require the purchase or redemption, as applicable, to be made
entirely in cash; (d) if, on a given business day, the Fund requires
all APs purchasing or redeeming Shares on that day to deposit or
receive (as applicable) cash in lieu of some or all of the Deposit
Securities or Fund Securities, respectively, solely because such
instruments are not eligible for transfer either through the NSCC
process or DTC process; or (e) if the Fund permits an AP to deposit or
receive (as applicable) cash in lieu of some or all of the Deposit
Securities or Fund Securities, respectively, solely because: (i) Such
instruments are, in the case of the purchase of a Creation Unit, not
available in sufficient quantity; or (ii) such instruments are not
eligible for trading by an AP.
    On any given business day, the names and quantities of the
instruments that constitute the Deposit Securities and the names and
quantities of the instruments that constitute the Fund Securities will
be identical to and will correspond pro rata to the positions in the
Fund's portfolio (including cash positions), and these instruments may
be referred to, in the case of either a purchase or a redemption, as
the ``Creation Basket.''
Placement of Purchase Orders
    The Fund will issue Shares through the Distributor on a continuous
basis at NAV. The Exchange represents that the issuance of Shares will
operate in a manner substantially similar to that of other ETFs. The
Fund will issue Shares only at the NAV per Share next determined after
an order in proper form is received.
    A creation transaction, which is subject to acceptance by the
Distributor, generally begins when an AP enters into an irrevocable
creation order with the Fund and delivers to the AP Representative the
cash necessary to purchase the designated portfolio of securities that
constitute the Creation Basket in the Confidential Account. The AP
Representative then purchases and delivers the designated portfolio of
securities to the Fund's custodian, and the Fund then instructs the
custodian to exchange such portfolio of securities for a specified
number of Shares in volumes of Creation Units. The AP Representative
will seek to assemble the shares of the Creation Basket in a manner
that will not reveal its composition. The Distributor will furnish
acknowledgements to those placing such orders that the orders have been
accepted, but the Distributor may reject any order which is not
submitted in proper form, as described in the Fund's prospectus or
Statement of Additional Information (``SAI'').
    The NAV of the Fund is expected to be determined once each business
day as of the close of the regular trading session on the Exchange
(ordinarily, 4:00 p.m. E.T.). An AP must submit an irrevocable purchase
order by the time set forth in the Participant Agreement and/or
applicable order form, on any business day in order to receive that
business day's NAV. On days when the Exchange closes or is anticipated
to close earlier than normal, the Fund may require purchase orders to
be placed earlier in the day. The date on which an order to purchase
(or redeem, as further described below) Creation Units is received and
accepted is referred to as the ``Order Placement Date.''
    Purchases of Shares will be settled in-kind and/or in cash for an
amount equal to the applicable NAV per Share purchased plus applicable
transaction fees.\17\ The Fund may permit full or partial cash
purchases of Creation Units of the Fund under the circumstances
described above. When full or partial cash purchases of Creation Units
are available or specified for the Fund, they will be effected in
essentially the same manner as in-kind purchases thereof. In the case
of a full or partial cash purchase, the AP, through the AP
Representative, must pay the cash equivalent of the Deposit Securities
it would otherwise provide through an in-kind purchase, plus the same
Cash Component required to be paid in connection with an in-kind
purchase.
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    \17\ To the extent that the Fund allows creations or redemptions
to be conducted in cash, such transactions will be effected in the
same manner for all APs transacting in cash.
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Authorized Participant Redemption
    The Shares may be redeemed to the Fund in Creation Unit size or
multiples thereof as described below. Redemption orders of Creation
Units must be placed by or through an AP. Creation Units of the Fund
will be redeemable at their NAV per Share next determined after receipt
of a redemption request in proper form. Orders to redeem Creation Units
must be submitted in proper form prior to the time as set forth in the
Participant Agreement.
    Each business day, prior to the opening of trading on the Exchange
(currently 9:30 a.m., E.T.), the custodian will transmit to each AP
Representative the identity and the required number of each Fund
Security and, as applicable and under the circumstances described
below, the cash value of the Fund Securities that will be applicable to
redemption requests for that day, and the amount of the Cash Redemption
Amount (as defined below, if any). A

redemption transaction generally begins when an AP enters into an
irrevocable redemption order with the Fund. The Fund then instructs the
custodian to deliver a designated portfolio of securities that
constitute the Creation Basket to the appropriate AP Representative's
Confidential Account in exchange for the Fund Shares in volumes of
Creation Units being redeemed. Orders to redeem Creation Units must
submitted in proper form prior to the time as set forth in the
Participant Agreement.
    Redemption proceeds for a Creation Unit are paid in-kind, in cash,
or combination thereof, as determined by the Trust. With respect to in-
kind redemptions of a Fund, redemption proceeds for a Creation Unit
will consist of Fund Securities, as announced by the custodian on the
business day of the request for redemption received in proper form plus
cash in an amount equal to the difference between the NAV of the Shares
of the Fund being redeemed, as next determined after a receipt of a
request in proper form, and the value of Fund Securities (the ``Cash
Redemption Amount''), less any fixed redemption transaction fee as set
forth below and any applicable additional variable charge as set forth
below. In the event that the Fund's securities have a value greater
than the NAV of the Shares of the Fund, the Cash Redemption Amount
equal to the differential is required to be made by the AP to the Fund.
The Participant Agreement signed by each AP will require establishment
of a Confidential Account to receive distributions of securities in-
kind upon redemption. Each AP will be required to open a Confidential
Account with an AP Representative in order to facilitate orderly
processing of redemptions.
Net Asset Value
    The NAV will be calculated for the Shares of the Fund on each
business day. The Fund's NAV is determined as of the close of regular
trading on the New York Stock Exchange, normally 4:00 p.m., E.T. The
NAV of the Fund's Shares is determined by adding the total value of its
assets, subtracting its liabilities and then dividing the result by the
number of Shares outstanding.
    In computing the Fund's NAV, the Fund's securities holdings are
valued based on their last readily available market price. Securities
for which such information is readily available are generally valued at
the last reported sales price, the official closing price as reported
by an independent pricing service on the primary market or exchange on
which they are traded, or, in the absence of reported sales, at the
most recent bid price. If market prices are unavailable or the Fund
thinks that they are unreliable, or when the value of a security has
been materially affected by events occurring after the relevant market
closes, the Fund will price those securities at fair value as
determined in good faith using methods approved by the Fund's Board.
    More information about the valuation of the Fund's holdings can be
found in the SAI.
    Information regarding the Fund's NAV and how often Shares of the
Fund traded at a price above (i.e., at a premium) or below (i.e., at a
discount) the Fund's NAV will be available on the Fund's website
(www.doubleline.com).
Availability of Information
    The Fund's website, www.doubleline.com, will include the prospectus
for the Fund that may be downloaded. The Fund's website will include
additional quantitative information updated on a daily basis, including
the prior business day's NAV, market closing price or mid-point of the
bid/ask spread at the time of calculation of such NAV (the ``Bid/Ask
Price''),\18\ and a calculation of the premium and discount of the
market closing price or Bid/Ask Price against the NAV. The website and
information will be publicly available at no charge.
---------------------------------------------------------------------------

    \18\ The Bid/Ask Price of the Fund's Shares is determined using
the mid-point between the current national best bid and offer at the
time of calculation of the Fund's NAV. The records relating to Bid/
Ask Prices will be retained by the Fund or their service providers.
---------------------------------------------------------------------------

    Form N-PORT requires reporting of a Fund's complete portfolio
holdings on a position-by-position basis on a quarterly basis within 60
days after fiscal quarter end. Investors can obtain a Fund's SAI, its
shareholder reports, its Form N-CSR, filed twice a year, and its Form
N-CEN, filed annually. The Fund's SAI and shareholder reports are
available free upon request from the Fund, and those documents and the
Form N-PORT, Form N-CSR, and Form N-CEN may be viewed onscreen 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 to market participants 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 will be available via the Consolidated Tape
Association (``CTA'') high-speed line. In addition, the Verified
Intraday Indicative Value (``VIIV''), as defined in Rule 8.900-
E(c)(2),\19\ will be widely disseminated by the Reporting Authority
\20\ and/or one or more major market data vendors in one second
intervals during the Exchange's Core Trading Session.
---------------------------------------------------------------------------

    \19\ Rule 8.900-E(c)(2) provides that the term ``Verified
Intraday Indicative Value'' is the indicative value of a Managed
Portfolio Share based on all of the holdings of a series of Managed
Portfolio Shares as of the close of business on the prior business
day and, for corporate actions, based on the applicable holdings as
of the opening of business on the current business day, priced and
disseminated in one second intervals during the Core Trading Session
by the Reporting Authority.
    \20\ Rule 8.900-E(c)(8) provides that the term ``Reporting
Authority'' in respect of a particular series of Managed Portfolio
Shares means the Exchange, an institution, or a reporting service
designated by the Exchange or by the exchange that lists a
particular series of Managed Portfolio Shares (if the Exchange is
trading such series pursuant to unlisted trading privileges), as the
official source for calculating and reporting information relating
to such series, including, but not limited to, the NAV, the VIIV, or
other information relating to the issuance, redemption, or trading
of Managed Portfolio Shares. A series of Managed Portfolio Shares
may have more than one Reporting Authority, each having different
functions.
---------------------------------------------------------------------------

Dissemination of the VIIV
    With respect to trading of the Shares, the ability of market
participants to buy and sell Shares at prices near the VIIV is
dependent upon their assessment that the VIIV is a reliable, indicative
real-time value for the Fund's underlying holdings. Market participants
are expected to accept the VIIV as a reliable, indicative real-time
value because (1) the VIIV will be calculated and disseminated based on
the Fund's actual portfolio holdings, (2) the securities in which the
Fund plans to invest are generally highly liquid and actively traded
and trade at the same time as the Fund and therefore generally have
accurate real time pricing available, and (3) market participants will
have a daily opportunity to evaluate whether the VIIV at or near the
close of trading is indeed predictive of the actual NAV.
    The VIIV will be widely disseminated by the Reporting Authority
and/or by one or more major market data vendors in one second intervals
during the Core Trading Session and will be disseminated to all market
participants at the same time. The VIIV is based on the current market
value of the securities in the Fund's portfolio that day. The
methodology for calculating the Fund's VIIV will be available on the
Fund's website. The VIIV is intended to provide investors and other
market participants with a highly correlated per Share value of the
underlying portfolio

that can be compared to the current market price. Therefore, under
normal circumstances the VIIV would be effectively a near real time
approximation of the Fund's NAV, which will be computed only once a
day, and is available free of charge from one or more market data
vendors.
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 Fund.\21\ Trading in Shares of the Fund
will be halted if the circuit breaker parameters in Rule 7.12-E 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. Trading in the Shares will be subject to Rule
8.900-E(d)(2)(C), which sets forth circumstances under which Shares of
the Fund will be halted.
---------------------------------------------------------------------------

    \21\ See Rule 7.12-E.
---------------------------------------------------------------------------

    Specifically, Rule 8.900-E(d)(2)(C)(i) provides that the Exchange
may consider all relevant factors in exercising its discretion to halt
trading in a series of Managed Portfolio Shares. Trading may be halted
because of market conditions or for reasons that, in the view of the
Exchange, make trading in the series of Managed Portfolio Shares
inadvisable. These may include: (a) The extent to which trading is not
occurring in the securities and/or the financial instruments composing
the portfolio; or (b) whether other unusual conditions or circumstances
detrimental to the maintenance of a fair and orderly market are
present.\22\
---------------------------------------------------------------------------

    \22\ The Exemptive Application provides that the Investment
Company or their agent will request that the Exchange halt trading
in the applicable series of Managed Portfolio Shares where: (i) The
intraday indicative values calculated by the calculation engines
differ by more than 25 basis points for 60 seconds in connection
with pricing of the VIIV; or (ii) holdings representing 10% or more
of a series of Managed Portfolio Shares' portfolio have become
subject to a trading halt or otherwise do not have readily available
market quotations. Any such requests will be one of many factors
considered in order to determine whether to halt trading in a series
of Managed Portfolio Shares and the Exchange retains sole discretion
in determining whether trading should be halted. As provided in the
Exemptive Application, each series of Managed Portfolio Shares would
employ a pricing verification agent to continuously compare two
intraday indicative values during regular trading hours in order to
ensure the accuracy of the VIIV.
---------------------------------------------------------------------------

    Rule 8.900-E(d)(2)(C)(ii) provides that, if the Exchange becomes
aware that: (i) The VIIV of a series of Managed Portfolio Shares is not
being calculated or disseminated in one second intervals, as required;
(ii) the NAV with respect to a series of Managed Portfolio Shares is
not disseminated to all market participants at the same time; (iii) the
holdings of a series of Managed Portfolio Shares are not made available
on at least a quarterly basis as required under the 1940 Act; or (iv)
such holdings are not made available to all market participants at the
same time (except as otherwise permitted under the currently applicable
exemptive order or no-action relief granted by the Commission or
Commission staff to the Investment Company with respect to the series
of Managed Portfolio Shares), it will halt trading in such series until
such time as the VIIV, the NAV, or the holdings are available, as
required.
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 Exchange in all trading sessions in accordance with Rule 7.34-E(a).
As provided in Rule 7.6-E, 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. A
minimum of 100,000 Shares of the Fund will be outstanding at the
commencement of trading on the Exchange.
    The Shares will conform to the initial and continued listing
criteria under Rule 8.900-E, as well as all terms in the Exemptive
Order. The Exchange will obtain a representation from the issuer of the
Shares of the Fund that the NAV per Share of the Fund will be
calculated daily and will be made available to all market participants
at the same time.
Surveillance
    The Exchange believes that its surveillance procedures are adequate
to properly monitor the trading of 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 Shares through
the Exchange will be subject to the Exchange's surveillance procedures
for derivative products. As part of these surveillance procedures and
consistent with Rule 8.900-E(b)(3) and 8.900-E(d)(2)(B), the Adviser
will upon request make available to the Exchange and/or the Financial
Industry Regulatory Authority (``FINRA''), on behalf of the Exchange,
the daily portfolio holdings of the Fund. The issuer of the Shares of
the Fund will be required to represent to the Exchange that it will
advise the Exchange of any failure by the Fund to comply with the
continued listing requirements, and, pursuant to its obligations under
Section 19(g)(1) of the Act, the Exchange will surveil for compliance
with the continued listing requirements. If the Fund is not in
compliance with the applicable listing requirements, the Exchange will
commence delisting procedures under Exchange Rule 5.5-E(m).
    FINRA, on behalf of the Exchange, or the regulatory staff of the
Exchange, or both, will communicate as needed regarding trading in the
Shares and certain exchange-traded instruments with other markets and
other entities that are members of the Intermarket Surveillance Group
(``ISG''), and FINRA, on behalf of the Exchange, or the regulatory
staff of the Exchange, or both, may obtain trading information
regarding trading such securities from such markets and other entities.
In addition, the Exchange may obtain information regarding trading in
the Shares and certain exchange-traded instruments 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, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\23\ in general, and furthers the
objectives of Section 6(b)(5) of the Act,\24\ in particular, in that it
is 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
a national market system, and, in general, to protect investors and the
public interest.
---------------------------------------------------------------------------

    \23\ 15 U.S.C. 78f(b).
    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that this proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the Fund
would meet each of the rules relating to listing and trading of Managed
Portfolio Shares. To the extent that the Fund is not in compliance with
such rules, the Exchange would either prevent the Fund from listing and
trading on the Exchange or commence delisting procedures under Rule
8.900-E(d)(2)(B). Specifically, the Exchange would consider the
suspension of trading, and commence delisting proceedings under

Rule 8.900-E(d)(2)(B), of the Fund under any of the following
circumstances: (a) If, following the initial twelve-month period after
commencement of trading on the Exchange, there are fewer than 50
beneficial holders of the Fund; (b) if the Exchange has halted trading
in the Fund because the VIIV is interrupted pursuant to Rule 8.900-
E(d)(2)(C)(ii) and such interruption persists past the trading day in
which it occurred or is no longer available; (c) if the Exchange has
halted trading in the Fund because the net asset value with respect to
such Fund is not disseminated to all market participants at the same
time, the holdings of such Fund are not made available on at least a
quarterly basis as required under the 1940 Act, or such holdings are
not made available to all market participants at the same time pursuant
to Rule 8.900-E(d)(2)(C)(ii) and such issue persists past the trading
day in which it occurred; (d) if the Exchange has halted trading in
Shares of the Fund pursuant to Rule 8.900-E(d)(2)(C)(i) and such issue
persists past the trading day in which it occurred; (e) if the Fund has
failed to file any filings required by the Commission or if the
Exchange is aware that the Fund is not in compliance with the
conditions of any currently applicable exemptive order or no-action
relief granted by the Commission or Commission staff with respect to
the Fund; (f) if any of the continued listing requirements set forth in
Rule 8.900-E are not continuously maintained; (g) if any of the
statements of representations regarding (a) the description of the
portfolio, (b) limitations on portfolio holdings, or (c) the
applicability of Exchange listing rules as specified herein to permit
the listing and trading of the Fund, are not continuously maintained;
or (h) if such other event shall occur or condition exists which, in
the opinion of the Exchange, makes further dealings on the Exchange
inadvisable.
    As discussed above, the Adviser is not registered as a broker-
dealer but is affiliated with a broker-dealer and has implemented and
will maintain a ``fire wall'' with respect to such affiliate broker-
dealer regarding access to information concerning the composition and/
or changes to the Fund's portfolio and Creation Basket. In the event
that (a) the Adviser becomes registered as a broker-dealer or becomes
newly affiliated with a broker-dealer, or (b) any new adviser or sub-
adviser is a registered broker-dealer or becomes affiliated with a
broker-dealer, the Adviser will implement and maintain a fire wall with
respect to personnel of the broker-dealer or broker-dealer affiliate
regarding access to information concerning the composition and/or
changes to the portfolio and/or Creation Basket. Any person related to
the Adviser or the Trust who makes decisions pertaining to the Fund's
portfolio composition or that has access to information regarding the
Fund's portfolio or changes thereto or the Creation Basket will be
subject to procedures designed to prevent the use and dissemination of
material non-public information regarding such portfolio or changes
thereto and the Creation Basket.
    In addition, Rule 8.900-E(b)(5) requires that any person or entity,
including an AP Representative, custodian, Reporting Authority,
distributor, or administrator, who has access to non-public information
regarding the Investment Company's portfolio composition or changes
thereto or the Creation Basket, must be subject to procedures designed
to prevent the use and dissemination of material non-public information
regarding the applicable Investment Company portfolio or changes
thereto or the Creation Basket. Moreover, if any such person or entity
is registered as a broker-dealer or affiliated with a broker-dealer,
such person or entity will erect and maintain a ``fire wall'' between
the person or entity and the broker-dealer with respect to access to
information concerning the composition and/or changes to such
Investment Company portfolio or Creation Basket. Any person or entity
who has access to information regarding the Fund's portfolio
composition or changes thereto or the Creation Basket will be subject
to procedures designed to prevent the use and dissemination of material
nonpublic information regarding the portfolio or changes thereto or the
Creation Basket.
    The Exchange further believes that Rule 8.900-E is designed to
prevent fraudulent and manipulative acts and practices related to the
listing and trading of Shares of the Fund because it provides
meaningful requirements about both the data that will be made publicly
available about the Shares, as well as the information that will only
be available to certain parties and the controls on such information.
Specifically, the Exchange believes that the requirements related to
information protection set forth in Rule 8.900-E(b)(5) will act as a
safeguard against misuse and improper dissemination of information
related to the Fund's portfolio composition, the Creation Basket, or
changes thereto. The requirement that any person or entity implement
procedures to prevent the use and dissemination of material non-public
information regarding the portfolio or Creation Basket will act to
prevent any individual or entity from sharing such information
externally and the internal ``fire wall'' requirements applicable where
an entity is a registered broker-dealer or affiliated with a broker-
dealer will act to make sure that no entity will be able to misuse the
data for their own purposes. Accordingly, the Exchange believes that
this proposal is designed to prevent fraudulent and manipulative acts
and practices.
    The Exchange further believes that the proposal is designed to
prevent fraudulent and manipulative acts and practices related to the
listing and trading of Shares of the Fund and to promote just and
equitable principles of trade and to protect investors and the public
interest because the Exchange would halt trading under certain
circumstances under which trading in the Shares of the Fund may be
inadvisable. Specifically, trading in the Shares will be subject to
Rule 8.900-E(d)(2)(C)(i), which provides that the Exchange may consider
all relevant factors in exercising its discretion to halt trading in
the Fund. Trading may be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the series
of Managed Portfolio Shares inadvisable. These may include: (a) The
extent to which trading is not occurring in the securities and/or the
financial instruments composing the portfolio; or (b) whether other
unusual conditions or circumstances detrimental to the maintenance of a
fair and orderly market are present.\25\ Additionally, trading in the
Shares will be subject to Rule 8.900-E(d)(2)(C)(ii), which provides
that the Exchange would halt trading where the Exchange becomes aware
that: (a) The VIIV of a series of Managed Portfolio Shares is not being
calculated or disseminated in one second intervals, as required; (b)
the net asset value with respect to a series of Managed Portfolio
Shares is not disseminated to all market participants at the same time;
(c) the holdings of a series of Managed Portfolio Shares are not made
available on at least a quarterly basis as required under the 1940 Act;
or (d) such holdings are not made available to all market participants
at the same time (except as otherwise permitted under the currently
applicable exemptive order or no-action relief granted by the
Commission or Commission staff to the Investment

Company with respect to the series of Managed Portfolio Shares). The
Exchange would halt trading in such Shares until such time as the VIIV,
the NAV, or the holdings are available, as required.
---------------------------------------------------------------------------

    \25\ See note 22, supra.
---------------------------------------------------------------------------

    With respect to the proposed listing and trading of Shares of the
Fund, 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 Rule 8.900-E.\26\ The Fund's
holdings will conform to the permissible investments as set forth in
the Exemptive Application and Exemptive Order.\27\ As noted above,
FINRA, on behalf of the Exchange, or the regulatory staff of the
Exchange, or both, will communicate as needed regarding trading in the
Shares and the underlying exchange-traded instruments with other
markets and other entities that are members of the ISG, and FINRA, on
behalf of the Exchange, or the regulatory staff of the Exchange, or
both, may obtain trading information regarding trading such instruments
from such markets and other entities. In addition, the Exchange may
obtain information regarding trading in the Shares and the underlying
exchange-traded instruments from markets and other entities that are
members of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement.
---------------------------------------------------------------------------

    \26\ The Exchange represents that, for initial and continued
listing, the Fund will be in compliance with Rule 10A-3 under the
Act. See 17 CFR 240.10A-3.
    \27\ See note 10, supra.
---------------------------------------------------------------------------

    With respect to trading of Shares of the Fund, the ability of
market participants to buy and sell Shares at prices near the VIIV is
dependent upon their assessment that the VIIV is a reliable, indicative
real-time value for the Fund's underlying holdings. Market participants
are expected to accept the VIIV as a reliable, indicative real-time
value because (1) the VIIV will be calculated and disseminated based on
the Fund's actual portfolio holdings, (2) the securities in which the
Fund plans to invest are generally highly liquid and actively traded
and trade at the same time as the Fund and therefore generally have
accurate real time pricing available, and (3) market participants will
have a daily opportunity to evaluate whether the VIIV at or near the
close of trading is indeed predictive of the actual NAV.
    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 that the NAV per Share
of the Fund will be calculated daily and that the NAV will be made
available to all market participants at the same time. Investors can
also obtain the Fund's SAI, its shareholder reports, its Form N-CSR
(filed twice a year), and its Form N-CEN (filed annually). The Fund's
SAI and shareholder reports will be available free upon request from
the Fund, and those documents and the Form N-PORT, Form N-CSR, and Form
N-CEN may be viewed on-screen or downloaded from the Commission's
website at www.sec.gov. In addition, a large amount of information will
be publicly available regarding the Fund and the Shares, thereby
promoting market transparency. Quotation and last sale information for
the Shares will be available via the CTA high-speed line. Information
regarding the VIIV will be widely disseminated in one second intervals
throughout the Core Trading Session by the Reporting Authority and/or
one or more major market data vendors. The website for the Fund will
include a prospectus for the Fund that may be downloaded, and
additional data relating to NAV and other applicable quantitative
information, updated on a daily basis. Moreover, prior to the
commencement of trading, the Exchange will inform its members in an
Information Bulletin of the special characteristics and risks
associated with trading the Shares.
    In addition, as noted above, investors will have ready access to
the VIIV, and quotation and last sale information for the Shares. The
Shares will conform to the initial and continued listing criteria under
Rule 8.900-E. The Fund's investments, including derivatives, will be
consistent with its investment objective and will not be used to
enhance leverage (although certain derivatives and other investments
may result in leverage). That is, the Fund's investments will not be
used to seek performance that is the multiple or inverse multiple
(e.g., 2X or -3X) of the Fund's primary broad-based securities
benchmark index.
    The Exchange also believes that 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 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 has in place surveillance procedures relating to trading in
the Shares 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
VIIV and quotation and last sale information for the Shares.
    For the above reasons, the Exchange believes that the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act.

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. The Exchange believes the
proposed rule change would permit the listing and trading of an
additional actively-managed exchange-traded product, thereby promoting
competition among exchange-traded products 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

    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 \28\ and Rule 19b-
4(f)(6) thereunder.\29\
---------------------------------------------------------------------------

    \28\ 15 U.S.C. 78s(b)(3)(A).
    \29\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
requires a self-regulatory organization to give the Commission
written notice of its intent to file 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 normally does not become operative for 30 days after the date of
its filing. However, Rule 19b-4(f)(6)(iii) \30\ permits the Commission
to designate a shorter time if such action is consistent with the
protection of investors and the public interest. The Exchange requested
that

the Commission waive the 30-day operative delay so that the proposal
may become operative immediately upon filing. The Commission notes it
has approved, and noticed for immediate effectiveness, proposed rule
changes to permit listing and trading on the Exchange of Managed
Portfolio Shares similar to the Funds.\31\ The proposed listing rule
for the Fund raises no novel legal or regulatory issues. Therefore, 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 30-day operative delay
and designates the proposed rule change operative upon filing.\32\
---------------------------------------------------------------------------

    \30\ 17 CFR 240.19b-4(f)(6)(iii).
    \31\ See supra note 5.
    \32\ 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).
---------------------------------------------------------------------------

    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.

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 protected]. Please include
File Number SR-NYSEArca-2022-16 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-NYSEArca-2022-16. 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 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-NYSEArca-2022-16 and should be submitted
on or before April 27, 2022.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\33\
---------------------------------------------------------------------------

    \33\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-07188 Filed 4-5-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Page 1710]
[FR Doc No: 2012-402]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[USCG-2011-0975]

National Maritime Security Advisory Committee

AGENCY: Coast Guard, DHS.

ACTION: Committee Management; Notice of Federal Advisory Committee
Meeting; correction.

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SUMMARY: The Coast Guard published in the Federal Register of January
9, 2012, a notice announcing a National Maritime Security Advisory
Committee (NMSAC) public meeting on January 18-19, 2012, in Arlington,
VA. This notice corrects that previous notice to add an explanation for
why 15-days advance notice was not given.

DATES: The Committee will meet on Wednesday, January 18, 2012 from 9
a.m. to 3 p.m. and Thursday, January 19, 2012 from 9 a.m. to 12 p.m.
This meeting may close early if all business is finished. Written
material and requests to make oral presentations should reach us on or
before January 13, 2012.

ADDRESSES: The Committee will meet at the American Bureau of Shipping,
1400 Key Blvd., Suite 800, Arlington, VA 22209.

FOR FURTHER INFORMATION CONTACT: Mr. Ryan Owens, ADFO of NMSAC, 2100
2nd Street SW., Stop 7581, Washington, DC 20593-7581; telephone (202)
372-1108 or email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard's January 9, 2012 notice of
the January 18-19, 2012, NMSAC meeting inadvertently failed to contain
an explanation for its publication less than 15 calendar days prior to
the meeting, as required by General Services Administration rules 41
CFR 102-3.150(b). The reason the notice was published only 9 calendar
days prior to the meeting was an administrative delay due to the
Federal holidays. The Coast Guard regrets the delay in publication, but
notes that the notice was publicly available on the Federal Register
Web site 13 calendar days prior to the meeting. Additionally, all known
interested parties were made aware of the meeting with sufficient time
for planning purposes.
    It is critical that this meeting be held on the announced meeting
date because delays in committee discussions could have significant
ramifications for ongoing Coast Guard studies and evaluations on the
agenda for the upcoming meeting. Maintaining the current meeting
schedule allows the Coast Guard to continue deliberations and forward
progress regarding multiple maritime security initiatives.
    If you have been adversely affected by the delay in publishing the
notice, contact Mr. Ryan Owens (see FOR FURTHER INFORMATION CONTACT)
and the Coast Guard will make every effort to accommodate you.

    Dated: January 6, 2012.
Erin H. Ledford,
Lieutenant Commander, U.S. Coast Guard, Acting Chief, Office of
Regulations and Administrative Law (CG-0943), U.S. Coast Guard.
[FR Doc. 2012-402 Filed 1-6-12; 4:15 pm]
BILLING CODE 9110-04-P


[Federal Register: June 29, 2010 (Volume 75, Number 124)]
[Rules and Regulations]
[Page 37307]
[DOCID:fr29jn10-11]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2010-0430]

Drawbridge Operation Regulation; Black River, Port Huron, MI

AGENCY: Coast Guard, DHS.

ACTION: Notice of temporary deviation from regulations.

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SUMMARY: Commander, Ninth Coast Guard District, issued a temporary
deviation from the regulation governing the operation of the Military
Street Bridge at Mile 0.33, 7th Street Bridge at Mile 0.50, and the
10th Street Bridge at Mile 0.94 over the Black River, at Port Huron,
MI. This deviation temporarily changes the bridge operating schedules
to accommodate the City's special events for 2010. This temporary
deviation allows the bridges to remain secured to masted navigation on
the dates and times listed.

DATES: This deviation is effective on June 26, 2010 from 10:45 p.m. to
11:30 p.m., on July 9, 2010 from 6 p.m. to 8 p.m., and on July 14, 2010
from 6:15 p.m. to 9 p.m.

ADDRESSES: Documents mentioned in this preamble as being available in
the docket are part of docket USCG-2010-0430 and are available online
by going to http://www.regulations.gov, inserting USCG-2010-0430 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 Mr. Lee D. Soule, Bridge Management Specialist, Ninth
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 202-366-
9826.

SUPPLEMENTARY INFORMATION: The City of Port Huron, Michigan, who owns
and operates these drawbridges, requested a temporary deviation from
the current operating regulations set forth in 33 CFR 117.625. The
purpose of this request is to facilitate efficient management of all
transportation needs and provide timely public safety services during
these special events. The most updated and detailed current marine
information for this event, and all bridge operations, is found in the
Local Notice to Mariners and Broadcast Notice to Mariners issued by the
Ninth District Commander. 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 periods. These deviations from the
operating regulations are authorized under 33 CFR 117.35.

    Dated: June 11, 2010.
M. N. Parks,
Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
[FR Doc. 2010-15703 Filed 6-28-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 81, Number 154 (Wednesday, August 10, 2016)]
[Rules and Regulations]
[Pages 52750-52752]
[FR Doc No: 2016-18493]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-5462; Directorate Identifier 2015-NM-131-AD;
Amendment 39-18606; AD 2016-16-08]
RIN 2120-AA64

Airworthiness Directives; Airbus Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).

ACTION: Final rule.

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

SUMMARY: We are adopting a new airworthiness directive (AD) for certain
Airbus Model A330-200, -200 Freighter and -300 series airplanes; and
Model A340-200 and -300 series airplanes. This AD was prompted by
reports of spurious terrain awareness warning system (TAWS) alerts
during approach and takeoff for airplanes fitted with the terrain and
traffic collision avoidance system with transponder (T3CAS) when the
T3CAS is constantly powered ``ON'' for more than 149 hours. This AD
requires repetitive on-ground power cycle of the T3CAS. We are issuing
this AD to prevent spurious TAWS alerts (collision prediction and
alerting (CPA)), or missing legitimate CPA, which could increase flight
crew workload during critical landing or takeoff phases, and could
possibly result in reduced control of the airplane.

DATES: This AD is effective September 14, 2016.
    The Director of the Federal Register approved the incorporation by
reference of a certain publication listed in this AD as of September
14, 2016.

ADDRESSES: For service information identified in this final rule,
contact Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax
+33 5 61 93 45 80; email<EMAIL_ADDRESS>Internet
http://www.airbus.com. You may view this referenced service information
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW.,
Renton, WA. For information on the availability of this material at the
FAA, call<PHONE_NUMBER>. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5462.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5462; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this AD, the regulatory evaluation, any comments received, and
other information. The street address for the Docket Office (telephone
800-647-5527) is Docket Management Facility, U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR
part 39 by adding an AD that would apply to certain Airbus Model A330-
200, -200 Freighter and -300 series airplanes; and Model A340-200 and -
300 series airplanes. The NPRM published in the Federal Register on
April 12, 2016 (81 FR 21484) (``the NPRM'').
    The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Union, has issued EASA AD
2015-0125, dated July 1, 2015; corrected July 3, 2015 (referred to
after this as the Mandatory Continuing Airworthiness Information, or
``the MCAI''), to correct an unsafe condition for certain Airbus Model
A330-200, -200 Freighter and -300 series airplanes; and Model A340-200
and -300 series airplanes. The MCAI states:

    Cases were reported of spurious Terrain Awareness Warning System
(TAWS) alerts during approach and take off, with aeroplane fitted
with the Terrain and Traffic Collision Avoidance System with
Transponder (T3CAS). Investigations on the unit were launched with
the manufacturer of the system (ACSS). The results of the laboratory
investigation confirmed that an internal frozen Global Positioning
System position anomaly occurs when the T3CAS is constantly powered
`ON' for more than 149 hours. The origin for this defect was
identified as a counter limitation related to a T3CAS internal
software misbehaviour, not self-detected.
    This condition, if not corrected, could lead to spurious TAWS
alerts (Collision Prediction and Alerting (CPA), or missing
legitimate CPA), which could increase flight crew workload during
critical landing or take off phases, possibly resulting in reduced
control of the aeroplane.
    Prompted by these reports, Airbus issued Alert Operators
Transmission (AOT) A34L003-13 to provide instructions to accomplish
an on ground repetitive power cycle of the T3CAS before exceeding
120 hours of continuous power, and EASA issued AD 2014-0242 to
require repetitive on ground power cycles of the T3CAS unit.
    Since that [EASA] AD was issued, the AOT A34L003-13 revision 1
has been issued which extend[s] the applicability to A340 aeroplanes
modified in-service in accordance with Airbus SB 34-4282 (T3CAS std
1.2 unit installation). It was also identified that [EASA] AD 2014-
0242 does not refer to affected A330 in-service aeroplanes on which
SB A330-34-3271 or SB A330-34-3286 or SB A330-34-3301 have been
embodied.
    For the reason described above, this [EASA] AD retains the same
required actions

as EASA AD 2014-0242, which is superseded, expands the Applicability
of the [EASA] AD to include post SB A330-34-3271, post SB A330-34-
3286 and post SB A330-34-3301 A330 aeroplanes, and post SB A340-34-
4282 A340 aeroplanes.

* * * * *
    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
5462.

Comments

    We gave the public the opportunity to participate in developing
this AD. We considered the comments received. The commenters, Air Line
Pilots Association International and Mr. Scott Corner, supported the
NPRM.

Conclusion

    We reviewed the relevant data, considered the comments received,
and determined that air safety and the public interest require adopting
this AD as proposed, except for minor editorial changes. We have
determined that these minor changes:
     Are consistent with the intent that was proposed in the
NPRM for correcting the unsafe condition; and
     Do not add any additional burden upon the public than was
already proposed in the NPRM.

Related Service Information Under 1 CFR Part 51

    Airbus has issued Alert Operators Transmission (AOT) A34L003-13,
Revision 01, dated May 26, 2015. The service information describes
procedures for an on-ground power cycle of the T3CAS. This service
information is reasonably available because the interested parties have
access to it through their normal course of business or by the means
identified in the ADDRESSES section.

Costs of Compliance

    We estimate that this AD affects 3 airplanes of U.S. registry.
    We also estimate that it will take about 1 work-hour per product to
comply with the basic requirements of this AD. The average labor rate
is $85 per work-hour. Required parts will cost about $0 per product.
Based on these figures, we estimate the cost of this AD on U.S.
operators to be $255, or $85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2016-16-08 Airbus: Amendment 39-18606; Docket No. FAA-2016-5462;
Directorate Identifier 2015-NM-131-AD.

(a) Effective Date

    This AD is effective September 14, 2016.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to the following Airbus airplanes, certificated
in any category.
    (1) Airbus Model A330-201, -202, -203, -223, -243, -223F, -243F,
-301, -302, -303, -321, -322, -323, -341, -342, and -343 airplanes,
all manufacturer serial numbers on which Airbus Modification 202097
(T3CAS Standard 1.1) or Modification 202849 (T3CAS Standard 1.2) has
been embodied in production; or Airbus Service Bulletin A330-34-
3271; Airbus Service Bulletin A330-34-3286; or Airbus Service
Bulletin A330-34-3301 have been embodied in-service.
    (2) Airbus Model A340-211, -212, -213, -311, -312, and -313
airplanes, all manufacturer serial numbers on which Airbus Service
Bulletin A340-34-4282 (T3CAS Standard 1.2) has been embodied in-
service.

(d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

(e) Reason

    This AD was prompted by reports of spurious terrain awareness
warning system (TAWS) alerts during approach and takeoff for
airplanes fitted with the terrain and traffic collision avoidance
system with transponder (T3CAS) when the T3CAS is constantly powered
``ON'' for more than 149 hours. We are issuing this AD to prevent
spurious TAWS alerts (collision prediction and alerting (CPA)), or
missing legitimate CPA, which could increase flight crew workload
during critical landing or takeoff phases, and could possibly result
in reduced control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) On-Ground Power Cycle

    For Model A330 and A340 airplanes equipped with a T3CAS unit
having a part number specified in paragraph (g)(1) or (g)(2) of this
AD: Within 30 days after the effective date of this AD, or within
120 hours of continuous power of the T3CAS after installation of the
T3CAS, as specified in any applicable service information in
paragraph (h) of this AD, whichever occurs later, do an on-ground
power cycle of the T3CAS, in accordance with the instructions of
Airbus Alert Operators Transmission (AOT) A34L003-13, Revision 01,
dated May 26, 2015. Thereafter, repeat the on-ground power cycle of
the T3CAS at intervals not to exceed 120 hours of continuous power
of the T3CAS.
    (1) Affected T3CAS Units are those having part number (P/N)
9005000-10101, Software Standard 1.1.
    (2) Affected T3CAS Units are those having P/N 9005000-10202,
Software Standard 1.2.

(h) Service Information Used To Install Part Affected

    Paragraphs (h)(1) through (h)(4) of this AD identify the service
information that was used to install the T3CAS, as specified in
paragraph (g) of this AD.
    (1) Airbus Service Bulletin A330-34-3271.
    (2) Airbus Service Bulletin A330-34-3286.
    (3) Airbus Service Bulletin A330-34-3301.
    (4) Airbus Service Bulletin A340-34-4282.

(i) Parts Installation Limitations

    As of the effective date of this AD, installation on an airplane
of a T3CAS unit having a part number specified in paragraph (g) of
this AD is acceptable, provided that, following installation, the
T3CAS unit is power cycled on a recurrent basis, as required by
paragraph (g) of this AD.

(j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph
(g) of this AD, if those actions were performed before the effective
date of this AD using Airbus AOT A34L003-13, dated November 25,
2013.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, FAA, has the authority to approve
AMOCs for this AD, if requested using the procedures found in 14 CFR
39.19. In accordance with 14 CFR 39.19, send your request to your
principal inspector or local Flight Standards District Office, as
appropriate. If sending information directly to the International
Branch, send it to ATTN: Vladimir Ulyanov, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone<PHONE_NUMBER>;
fax<PHONE_NUMBER>. Information may be emailed to<EMAIL_ADDRESS>Before using any approved AMOC, notify your
appropriate principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office/
certificate holding district office.
    (2) Contacting the Manufacturer: For any requirement in this AD
to obtain corrective actions from a manufacturer, the action must be
accomplished using a method approved by the Manager, International
Branch, ANM-116, Transport Airplane Directorate, FAA; or the
European Aviation Safety Agency (EASA); or Airbus's EASA Design
Organization Approval (DOA). If approved by the DOA, the approval
must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information
(MCAI)) EASA Airworthiness Directive 2015-0125, dated July 1, 2015;
corrected July 3, 2015, for related information. This MCAI may be
found in the AD docket on the Internet at http://www.regulations.gov
by searching for and locating Docket No. FAA-2016-5462.
    (2) Service information identified in this AD that is not
incorporated by reference is available at the addresses specified in
paragraphs (m)(3) and (m)(4) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the
incorporation by reference (IBR) of the service information listed
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do
the actions required by this AD, unless this AD specifies otherwise.
    (i) Airbus Alert Operators Transmission (AOT) A34L003-13,
Revision 01, dated May 26, 2015.
    (ii) Reserved.
    (3) For service information identified in this AD, contact
Airbus SAS, Airworthiness Office--EAL, 1 Rond Point Maurice
Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96;
fax +33 5 61 93 45 80; email<EMAIL_ADDRESS>
Internet http://www.airbus.com.
    (4) You may view this service information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For
information on the availability of this material at the FAA, call
425-227-1221.
    (5) You may view this service information that is incorporated
by reference at the National Archives and Records Administration
(NARA). For information on the availability of this material at
NARA, call<PHONE_NUMBER>, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 25, 2016.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-18493 Filed 8-9-16; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 88, Number 215 (Wednesday, November 8, 2023)]
[Notices]
[Page 77104]
[FR Doc No: 2023-24673]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2023-0672]

Information Collection Request to Office of Management and
Budget; OMB Control Number: 1625-0031

AGENCY: Coast Guard, DHS.

ACTION: Sixty-Day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995, the
U.S. Coast Guard intends to submit an Information Collection Request
(ICR) to the Office of Management and Budget (OMB), Office of
Information and Regulatory Affairs (OIRA), requesting an extension of
its approval for the following collection of information: 1625-0031,
Plan Approval and Records for Electrical Engineering Regulations;
without change. Our ICR describes the information we seek to collect
from the public. Before submitting this ICR to OIRA, the Coast Guard is
inviting comments as described below.

DATES: Comments must reach the Coast Guard on or before January 8,
2024.

ADDRESSES: You may submit comments identified by Coast Guard docket
number [USCG-2023-0672] to the Coast Guard using the Federal
eRulemaking Portal at https://www.regulations.gov. See the ``Public
participation and request for comments'' portion of the SUPPLEMENTARY
INFORMATION section for further instructions on submitting comments.
    A copy of the ICR is available through the docket on the internet
at https://www.regulations.gov. Additionally, copies are available
from: Commandant (CG-6P), Attn: Paperwork Reduction Act Manager, U.S.
Coast Guard, 2703 Martin Luther King Jr. Ave. SE, Stop 7710,
Washington, DC 20593-7710.

FOR FURTHER INFORMATION CONTACT: A.L. Craig, Office of Privacy
Management, telephone<PHONE_NUMBER>, or fax<PHONE_NUMBER>, for questions
on these documents.

SUPPLEMENTARY INFORMATION:

Public Participation and Request for Comments

    This notice relies on the authority of the Paperwork Reduction Act
of 1995; 44 U.S.C. 3501 et seq., chapter 35, as amended. An ICR is an
application to OIRA seeking the approval, extension, or renewal of a
Coast Guard collection of information (Collection). The ICR contains
information describing the Collection's purpose, the Collection's
likely burden on the affected public, an explanation of the necessity
of the Collection, and other important information describing the
Collection. There is one ICR for each Collection.
    The Coast Guard invites comments on whether this ICR should be
granted based on the Collection being necessary for the proper
performance of Departmental functions. In particular, the Coast Guard
would appreciate comments addressing: (1) the practical utility of the
Collection; (2) the accuracy of the estimated burden of the Collection;
(3) ways to enhance the quality, utility, and clarity of information
subject to the Collection; and (4) ways to minimize the burden of the
Collection on respondents, including the use of automated collection
techniques or other forms of information technology.
    In response to your comments, we may revise this ICR or decide not
to seek an extension of approval for the Collection. We will consider
all comments and material received during the comment period.
    We encourage you to respond to this request by submitting comments
and related materials. Comments must contain the OMB Control Number of
the ICR and the docket number of this request, [USCG-2023-0672], and
must be received by January 8, 2024.

Submitting Comments

    We encourage you to submit comments through the Federal eRulemaking
Portal at https://www.regulations.gov. If your material cannot be
submitted using https://www.regulations.gov, contact the person in the
FOR FURTHER INFORMATION CONTACT section of this document for alternate
instructions. Documents mentioned in this notice, and all public
comments, are in our online docket at https://www.regulations.gov and
can be viewed by following that website's instructions. Additionally,
if you go to the online docket and sign up for email alerts, you will
be notified when comments are posted.
    We accept anonymous comments. All comments received will be posted
without change to https://www.regulations.gov and will include any
personal information you have provided. For more about privacy and
submissions in response to this document, see DHS's eRulemaking System
of Records notice (85 FR 14226, March 11, 2020).

Information Collection Request

    Title: Plan Approval and Records for Electrical Engineering
Regulations--Title 46 CFR Subchapter J.
    OMB Control Number: 1625-0031.
    Summary: The information is needed to ensure compliance with our
rules on electrical engineering for the design and construction of
U.S.-flag commercial vessels.
    Need: Title 46 U.S.C. 3306 and 3703 authorize the Coast Guard to
establish rules to promote the safety of life and property in
commercial vessels. The electrical engineering rules appear at 46 CFR
subchapter J (parts 110 through 113).
    Forms: None.
    Respondents: Owners, operators, shipyards, designers, and
manufacturers of vessels.
    Frequency: On occasion.
    Hour Burden Estimate: The estimated burden has decreased from 6,536
hours to 4,662 hours a year, due to an estimated decrease in the annual
number of responses.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. chapter
35, as amended.

    Dated: October 26, 2023.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2023-24673 Filed 11-7-23; 8:45 am]
BILLING CODE 9110-04-P