[Federal Register Volume 87, Number 76 (Wednesday, April 20, 2022)]
[Notices]
[Pages 23529-23530]
[FR Doc No: 2022-08429]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

[Docket No. USCG-2022-0042]

Collection of Information Under Review by Office of Management
and Budget; OMB Control Number 1625-0086

AGENCY: Coast Guard, DHS.

ACTION: Thirty-day notice requesting comments.

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SUMMARY: In compliance with the Paperwork Reduction Act of 1995 the
U.S. Coast Guard is forwarding an Information Collection Request (ICR),
abstracted below, 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: 1625-0086,
The Great Lakes Pilotage; without change. Our ICR describes the
information we seek to collect from the public. Review and comments by
OIRA ensure we only impose paperwork burdens commensurate with our
performance of duties.

DATES: You may submit comments to the Coast Guard and OIRA on or before
May 20, 2022.

ADDRESSES: Comments to the Coast Guard should be submitted using the
Federal eRulemaking Portal at https://www.regulations.gov. Search for
docket number [USCG-2022-0042]. Written comments and recommendations to
OIRA for the proposed information collection should be sent within 30
days of publication of this notice to https://www.reginfo.gov/public/do/PRAMain.
    Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function.
    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. These comments
will help OIRA determine whether to approve the ICR referred to in this
Notice.
    We encourage you to respond to this request by submitting comments
and related materials. Comments to Coast Guard or OIRA must contain the
OMB Control Number of the ICR. They must also contain the docket number
of this request, [USCG-2022-0042], and must be received by May 20,
2022.

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 to the Coast Guard 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 to the Coast Guard in response to this
document, see DHS's eRulemaking System of Records notice (85 FR 14226,
March 11, 2020). For more about privacy and submissions to OIRA in
response to this document, see the https://www.reginfo.gov, comment-
submission web page. OIRA posts its decisions on ICRs online at https://www.reginfo.gov/public/do/PRAMain after the comment period for each
ICR. An OMB Notice of Action on each ICR will become available via a
hyperlink in the OMB Control Number: 1625-0086.

Previous Request for Comments

    This request provides a 30-day comment period required by OIRA. The
Coast Guard published the 60-day notice (87 FR 3835, January 25, 2022)
required by 44 U.S.C. 3506(c)(2). That notice elicited no comments.
Accordingly, no changes have been made to the Collection.

Information Collection Request

    Title: The Great Lakes Pilotage.
    OMB Control Number: 1625-0086.
    Summary: The Office of Great Lakes Pilotage is seeking an extension
of OMB's current approval for Great Lakes Pilotage data collection
requirements for the three U.S. pilot associations it regulate. This
extension would require continued submission of data to an electronic
collection system and Form CG-4509. This system is identified as the
Great Lakes Pilot Management System which replaced the manual paper
submissions used to collect data on bridge hours, vessel delay, vessel
cancellation, pilot travel and administration, revenues, pilot
availability, and related data. This extension ensures the required
data is available in a timely manner and allows immediate accessibility
to data crucial from both an operational and rate-making standpoint.
    Need: To comply with the statutory and regulatory requirements
respecting the rate-making and oversight functions imposed upon the
agency.
    Forms: CG-4509, Application for Registration as United States
Registered Pilot.
    Respondents: The three U.S. pilot associations regulated by the
Office of Great Lakes Pilotage and members of the public applying to
become Great Lakes Registered Pilots.
    Frequency: Daily, Weekly, Monthly, Quarterly, Semi-annually,
Annually, On occasion; frequency dictated by marine traffic levels and
association staffing.
    Hour Burden Estimate: The estimated burden increased to 1,214 hours
a year. This increase is an update due to increased traffic on the
Great Lakes and better record keeping in the past four years. The
information requested from the respondents has not changed.
    Authority: The Paperwork Reduction Act of 1995; 44 U.S.C. et seq.,
chapter 35, as amended.

    Dated: April 5, 2022.
Kathleen Claffie,
Chief, Office of Privacy Management, U.S. Coast Guard.
[FR Doc. 2022-08429 Filed 4-19-22; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Notices]
[Page 45636]
[FR Doc No: 2011-19231]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-64956; File No. SR-NASDAQ-2011-073]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Designation of a Longer Period for Commission Action on
Proposed Rule Change To Adopt Additional Listing Requirements for
Reverse Mergers

 July 25, 2011.
    On May 26, 2011, The NASDAQ Stock Market LLC (``Nasdaq'') filed
with the Securities and Exchange Commission (``Commission''), pursuant
to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
adopt additional listing requirements for reverse mergers. The proposed
rule change was published for comment in the Federal Register on June
14, 2011.\3\ The Commission received no comments on the proposal.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 64633 (June 8,
2011), 76 FR 34781.
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    Section 19(b)(2) of the Act \4\ provides that within 45 days of the
publication of notice of the filing of a proposed rule change, or
within such longer period up to 90 days as the Commission may designate
if it finds such longer period to be appropriate and publishes its
reasons for so finding or as to which the self-regulatory organization
consents, the Commission shall either approve the proposed rule change,
disapprove the proposed rule change, or institute proceedings to
determine whether the proposed rule change should be disapproved. The
45th day for this filing is July 29, 2011.
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    \4\ 15 U.S.C. 78s(b)(2).
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    The Commission is extending the 45-day time period for Commission
action on the proposed rule change. The Commission finds that it is
appropriate to designate a longer period to take action on the proposed
rule change so that it has sufficient time to consider the Exchange's
proposal, which would establish additional listing requirements for
reverse merger companies, whereby an operating company becomes public
by combining with a public shell.
    Accordingly, pursuant to Section 19(b)(2) of the Act,\5\ the
Commission designates September 12, 2011 as the date by which the
Commission should either approve or disapprove, or institute
proceedings to determine whether to disapprove, the proposed rule
change (File Number SR-NASDAQ-2011-073).
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    \5\ 15 U.S.C. 78s(b)(2).
    \6\ 17 CFR 200.30-3(a)(31).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\6\
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-19231 Filed 7-28-11; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 5, 2010 (Volume 75, Number 150)]
[Notices]
[Page 47323-47326]
[DOCID:fr05au10-97]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62604; File No. SR-NYSEArca-2010-49]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change, as Modified by Amendment No. 1
Thereto, Regarding Listing and Trading of the WisdomTree Emerging
Markets Local Debt Fund

July 30, 2010.

I. Introduction

    On June 10, 2010, NYSE Arca, Inc. (``Exchange'' or ``NYSE Arca'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ a proposed rule change to
list and trade shares of the WisdomTree Emerging Markets Local Debt
Fund under NYSE Arca Equities Rule 8.600. On June 18, 2010, the
Exchange filed Amendment No. 1 to the proposed rule change. The
proposed rule change, as amended, was published for comment in the
Federal Register on June 29, 2010.\3\ The Commission received no
comments on the proposal. This order grants approval of the proposed
rule change.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 62350 (June 22,
2010), 75 FR 37502 (``Notice'').
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II. Description of the Proposal

    The Exchange proposes to list and trade shares (``Shares'') of the
WisdomTree Emerging Markets Local Debt Fund (``Fund'') of the
WisdomTree Trust (``Trust''), pursuant to NYSE Arca Equities Rule
8.600, which governs the listing and trading of Managed Fund Shares on
the Exchange. The Fund will be an actively managed exchange-traded
fund. The Shares will be offered by the Trust, which was established as
a Delaware statutory trust on December 15, 2005 and is registered with
the Commission as an investment company.\4\ WisdomTree Asset
Management, Inc. is the investment adviser (``Adviser'') to the Fund,
and Mellon Capital Management Corporation serves as sub-adviser for the
Fund (``Sub-Adviser'').\5\ The Exchange represents that the Shares will
be subject to Rule 8.600(d), which sets forth the initial and continued
listing criteria applicable to Managed Fund Shares. In addition, for
initial and/or continued listing, the Shares will be in compliance with
Rule 10A-3 under the Exchange Act,\6\ as provided by NYSE Arca Equities
Rule 5.3.
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    \4\ The Fund has filed a registration statement on Form N-1A
(``Registration Statement'') with the Commission. See Post-Effective
Amendment No. 32 to Registration Statement on Form N-1A for the
Trust, dated March 19, 2010 (File Nos. 333-132380 and 811-21864), as
amended on June 8, 2010.
    \5\ The Exchange represents that, while the Adviser is not
affiliated with any broker-dealer, the Sub-Adviser is affiliated
with multiple broker-dealers and has implemented a ``fire wall''
with respect to such broker-dealers regarding access to information
concerning the composition and/or changes to the Fund's portfolio.
In addition, MCM personnel who make decisions regarding the Fund's
portfolio are subject to procedures designed to prevent the use and
dissemination of material non-public information regarding the
Fund's portfolio. See Commentary .06 to NYSE Arca Equities Rule
8.600.
    \6\ See 17 CFR 240.10A-3.
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    The Fund seeks to provide investors with a high level of total
return consisting of both income and capital appreciation and is
designed to provide exposure to a broad range of emerging market
countries and issuers through investments in local currency debt
instruments. Specifically, the Fund intends to invest in issuers in
Asia,

Latin America, Eastern Europe, Africa, and the Middle East. Likely
country exposures include Brazil, Chile, Colombia, Hungary, Indonesia,
Israel, Malaysia, Mexico, Peru, Poland, Russia, South Africa, South
Korea, Thailand, and Turkey. The Fund intends to invest at least 70% of
its net assets in debt instruments denominated in a currency other than
the U.S. dollar issued by emerging market governments, government
agencies, corporations, and supranational issuers, which include
international organizations such as the European Investment Bank,
International Bank for Reconstruction and Development, International
Finance Corporation, or other regional development banks (collectively,
``Debt Instruments''). The Fund expects to invest up to 20% of its net
assets in emerging market corporate bonds. The Fund will invest only in
corporate bonds that the Adviser or Sub-Adviser deems to be
sufficiently liquid. Generally, a corporate bond must have $200 million
or more par amount outstanding and significant par value traded to be
considered as an eligible investment. Economic and other conditions in
specific countries may, from time to time, lead to a decrease in the
average par amount outstanding of bond issuances. Therefore, although
the Fund does not intend to do so, the Fund may invest up to 5% of its
net assets in corporate bonds with less than $200 million par amount
outstanding if (i) the Adviser or Sub-Adviser deems such security to be
sufficiently liquid based on its analysis of the market for such
security (based on, for example, broker-dealer quotations or its
analysis of the trading history of the security or the trading history
of other securities issued by the issuer), (ii) such investment is
consistent with the Fund's goal of providing exposure to a broad range
of countries and issuers, and (iii) such investment is deemed by the
Adviser or Sub-Adviser to be in the best interest of the Fund.
    The Fund will invest in both investment grade and non-investment
grade securities in a manner designed to provide exposure to broad-
based emerging market debt. The Fund currently expects that it will
have 75% or more of its assets invested in investment grade securities,
and no more than 25% of its assets invested in non-investment grade
securities. Because the Fund is designed to provide exposure to a broad
range of emerging market countries and issuers and because the debt
ratings of such countries and issuers will change from time to time,
the exact percentage of the Fund's investments in investment grade and
non-investment grade debt will change from time to time in response to
economic events and changes to the credit ratings of such government
and corporate issuers. Within the non-investment grade category some
issuers and instruments are considered to be of lower credit quality
and at higher risk of default. In order to limit its exposure to these
more speculative credits, the Fund will not invest more than 15% of its
assets in securities rated B or below by Moody's, or equivalently rated
by S&P or Fitch. The Fund does not intend to invest in unrated
securities. However, it may do so to a limited extent, such as where a
rated security becomes unrated, if such security is determined by the
Adviser and Sub-Adviser to be of comparable quality. In determining
whether a security is of ``comparable quality,'' the Adviser and Sub-
Adviser will consider, for example, whether the issuer of the security
has issued other rated securities.
    With respect to its limited investments in instruments other than
Debt Instruments, the Fund may purchase short-term obligations issued
or guaranteed by the U.S. Treasury or the agencies or instrumentalities
of the U.S. government; may invest in short-term securities issued or
guaranteed by non-U.S. governments, agencies and instrumentalities; may
invest in deposits and other obligations of U.S. and non-U.S. banks and
financial institutions; may invest in deposits and obligations of banks
and financial institutions including certificates of deposit, time
deposits, and bankers' acceptances.
    The Fund also may invest in corporate debt obligations with less
than 397 calendar days remaining to maturity, purchase floating rate
and adjustable rate obligations, such as demand notes, bonds, and
commercial paper, and pursue its investment objective by investing some
of its assets in other WisdomTree Funds based on foreign currencies. In
addition, the Fund may use derivative instruments as part of its
investment strategies. The examples of derivative instruments include
forward currency contracts, non-deliverable forward currency contracts,
currency and interest rate swaps, currency options, futures contracts,
options on futures contracts, and swap agreements. The Fund's use of
derivative instruments will be underpinned by investments in short
term, high-quality U.S. money market securities. The Fund expects that
no more than 30% of the value of the Fund's net assets will be invested
in derivative instruments. Such investments will be consistent with the
Fund's investment objective and will not be used to enhance leverage.
    With respect to certain kinds of derivative transactions entered
into by the Fund that involve obligations to make future payments to
third parties, including, but not limited to, futures, forward
contracts, swap contracts, the purchase of securities on a when-issued
or delayed delivery basis, or reverse repurchase agreements, under
applicable Federal securities laws, rules, and interpretations thereof,
the Fund must ``set aside'' liquid assets or engage in other measures
to ``cover'' open positions with respect to such transactions.
    The Fund may engage in foreign currency transactions and may invest
directly in foreign currencies in the form of bank and financial
institution deposits, certificates of deposit, and bankers acceptances
denominated in a specified non-U.S. currency. The Fund may also enter
into forward currency contracts in order to ``lock in'' the exchange
rate between the currency it will deliver and the currency it will
receive for the duration of the contract.
    The Fund may enter into swap agreements, including interest rate
swaps and currency swaps, and may buy or sell put and call options on
foreign currencies either on exchanges or in the over-the-counter
market. The Fund may also enter into repurchase agreements with
counterparties that are deemed to present acceptable credit risks and
reverse repurchase agreements involving the sale of securities held by
the Fund, subject to its agreement to repurchase the securities at an
agreed upon date or upon demand and at a price reflecting a market rate
of interest.
    Lastly, the Fund may invest in the securities of other investment
companies (including money market funds and exchange-traded funds). The
Fund may invest up to an aggregate amount of 10% of its net assets in
illiquid securities. Illiquid securities include securities subject to
contractual or other restrictions on resale and other instruments that
lack readily available markets. The Fund will not invest in non-U.S.
equity securities.
    Additional details regarding the investment and trading policies of
the Fund, creations and redemptions of the Shares, investment risks,
NAV calculation, the dissemination of key values and availability of
information about the underlying assets, trading halts, applicable
trading rules, surveillance, and the Information Bulletin, among other
things, can be

found in the Notice and/or the Registration Statement, as
applicable.\7\
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    \7\ See supra notes 3 and 4.
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III. Discussion and Commission's Findings

    After careful consideration, the Commission finds that the proposed
rule change to list and trade the Shares of the Fund is consistent with
the requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\8\ In particular, the
Commission finds that the proposed rule change is consistent with the
requirements of Section 6(b)(5) of the Act,\9\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system.
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    \8\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
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    The Commission finds that the proposal to list and trade the Shares
on the Exchange is also consistent with Section 11A(a)(1)(C)(iii) of
the Act,\10\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for, and transactions in, securities. Quotation and last-
sale information regarding the Shares will be available via the
Consolidated Tape Association's high-speed line. On each business day
before commencement of trading in the Shares in the Core Trading
Session on the Exchange, the Trust will disclose on its Web site the
identities and quantities of the portfolio of securities and other
assets (``Disclosed Portfolio'') held by the Fund that will form the
basis for the Fund's calculation of the NAV at the end of the business
day.\11\ The Disclosed Portfolio will include, as applicable, the
names, quantity, percentage weighting and market value of securities,
and other assets held by the Fund and the characteristics of such
assets. In addition, an estimated value that reflects an estimated
intraday value of the Fund's portfolio, defined in NYSE Arca Equities
Rule 8.600 as the ``Portfolio Indicative Value,'' will also be
disseminated. The Portfolio Indicative Value will be based upon the
current value for the components of the Disclosed Portfolio and will be
updated and disseminated by one or more major market data vendors at
least every 15 seconds during the Core Trading Session on the Exchange.
In addition, during hours when the markets for securities in the Fund's
portfolio are closed, the Portfolio Indicative Value will be updated at
least every 15 seconds during the Core Trading Session to reflect
currency exchange fluctuations. The Web site for the Fund (http://
www.wisdomtree.com) will contain the prospectus and additional data
relating to NAV and other applicable quantitative information.
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    \10\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \11\ Under accounting procedures followed by the Fund, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Notwithstanding the
foregoing, portfolio trades that are executed prior to the opening
of the Exchange on any business day may be booked and reflected in
NAV on such business day. Accordingly, the Fund will be able to
disclose at the beginning of the business day the portfolio that
will form the basis for the NAV calculation at the end of the
business day.
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    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation from the issuer of the Shares that the NAV and the
Disclosed Portfolio will be made available to all market participants
at the same time. If the Exchange becomes aware that the NAV or
Disclosed Portfolio with respect to the Shares is not disseminated to
all market participants at the same time, it will halt trading in the
Shares until such time as the NAV or Disclosed Portfolio is available
to all market participants. Further, the Exchange may halt trading
during the day in which an interruption to the dissemination of the
Portfolio Indicative Value occurs. If the interruption to the
dissemination of the Portfolio Indicative Value persists past the
trading day in which it occurred, the Exchange will halt trading no
later than the beginning of the trading day following the
interruption.\12\ The Exchange also represents that the Sub-Adviser,
which is affiliated with multiple broker-dealers, has implemented a
``fire wall'' with respect to such broker-dealers regarding access to
information concerning the composition and/or changes to the Fund's
portfolio. In addition, Sub-Adviser personnel who make decisions
regarding the Fund's portfolio are subject to procedures designed to
prevent the use and dissemination of material non-public information
regarding the Fund's portfolio.\13\ Finally, the Commission notes that
the Reporting Authority that provides the Disclosed Portfolio must
implement and maintain, or be subject to, procedures designed to
prevent the use and dissemination of material non-public information
regarding the actual components of the portfolio.\14\
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    \12\ See NYSE Arca Equities Rule 8.600(d)(2)(D). Trading in the
Shares may also be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the
Shares inadvisable. These may include: (1) The extent to which
trading is not occurring in the securities comprising the Disclosed
Portfolio and/or the financial instruments of the Fund; or (2)
whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.
    \13\ See supra note 5 and accompanying text.
    \14\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
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    The Exchange has represented that the Shares are deemed equity
securities subject to the Exchange's rules governing the trading of
equity securities. In support of this proposal, the Exchange has made
representations, including the following:
    (1) The Shares will be subject to NYSE Arca Equities Rule 8.600(d),
which sets forth the initial and continued listing criteria applicable
to Managed Fund Shares.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable Federal
securities laws.
    (4) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The procedures for purchases and redemptions of Shares in Creation Unit
aggregations (and that Shares are not individually redeemable); (b)
NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence
on its ETP Holders to learn the essential facts relating to every
customer prior to trading the Shares; (c) the risks involved in trading
the Shares during the Opening and Late Trading Sessions when an updated
Portfolio Indicative Value will not be calculated or publicly
disseminated; (d) how information

regarding the Portfolio Indicative Value is disseminated; (e) the
requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; and (f) trading information.
    (5) A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange.
    (6) For initial and continued listing, the Shares must be in
compliance with Rule 10A-3 under the Act.\15\
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    \15\ See supra note 6.
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    This approval order is based on the Exchange's representations.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\16\ that the proposed rule change (SR-NYSEArca-2010-49), as
modified by Amendment No. 1 thereto, be, and it hereby is, approved.
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    \16\ 15 U.S.C. 78f(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\17\
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    \17\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19246 Filed 8-3-10; 8:45 am]
BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)]
[Notices]
[Page 541]
[FR Doc No: 2015-33210]

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SECURITIES AND EXCHANGE COMMISSION

[OMB Control No. 3235-0585, SEC File No. 270-523]

Proposed Collection; Comment Request

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE., Washington, DC
20549-2736.

Extension: Rule 206(4)-7.

    Notice is hereby given that, pursuant to the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') is soliciting comments on the collection of
information summarized below. The Commission plans to submit this
existing collection of information to the Office of Management and
Budget for extension and approval.
    The title for the collection of information is ``Investment
Advisers Act rule 206(4)-7 (17 CFR 275.206(4)-7), Compliance procedures
and practices.'' Rule 206(4)-7 requires each investment adviser
registered with the Commission to (i) adopt and implement internal
compliance policies and procedures, (ii) review those policies and
procedures annually, (iii) designate a chief compliance officer, and
(iv) maintain certain compliance records. The rule is designed to
protect investors by fostering better compliance with the securities
laws. The collection of information under rule 206(4)-7 is necessary to
assure that investment advisers maintain comprehensive internal
programs that promote the advisers' compliance with the Investment
Advisers Act of 1940. The information collected under this rule may
also assist Commission staff in assessing investment advisers'
compliance programs.
    This collection of information is mandatory. The information
collected pursuant to the rule 206(4)-7 is reviewed by the Commission's
examination staff; it will be accorded the same level of
confidentiality accorded to other responses provided to the Commission
in the context of its examination and oversight program.
    The respondents to this information collection are investment
advisers registered with the Commission. Our latest data indicate that
there were 12,026 advisers registered with the Commission as of
November 1, 2015. The Commission has estimated that compliance with
rule 206(4)-7 imposes an annual burden of approximately 87 hours per
respondent. Based on this figure, the Commission estimates a total
annual burden of 1,046,262 hours for this collection of information.
    Written comments are invited on: (a) Whether the collection of
information is necessary for the proper performance of the functions of
the agency, including whether the information will have practical
utility; (b) the accuracy of the agency's estimate of the burden of the
collection of information; (c) ways to enhance the quality, utility,
and clarity of the information collected; and (d) ways to minimize the
burden of the collection of information on respondents, including
through the use of automated collection techniques or other forms of
information technology. Consideration will be given to comments and
suggestions submitted in writing within 60 days of this publication. An
agency may not conduct or sponsor a collection of information unless it
displays a currently valid OMB control number. No person shall be
subject to any penalty for failing to comply with a collection of
information subject to the PRA that does not display a valid OMB
control number.
    Please direct your written comments to Pamela Dyson, Director/Chief
Information Officer, Securities and Exchange Commission, C/O Remi
Pavlik-Simon, 100 F Street NE., Washington, DC 20549; or send an email
to<EMAIL_ADDRESS>
     Dated: December 30, 2015.
Jill M. Peterson,
Assistant Secretary.
[FR Doc. 2015-33210 Filed 1-5-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 82, Number 73 (Tuesday, April 18, 2017)]
[Notices]
[Pages 18294-18296]
[FR Doc No: 2017-07768]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2010-N-0062]

Agency Information Collection Activities; Proposed Collection;
Comment Request; Medical Devices; Exception From General Requirements
for Informed Consent

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA or Agency) is announcing
an opportunity for public comment on the proposed collection of certain
information by the Agency. Under the Paperwork Reduction Act of 1995
(PRA), Federal Agencies are required to publish notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information, and
to allow 60 days for public comment in response to the notice. This
notice solicits comments on the information collection regarding
exception from the general requirements for informed consent.

DATES: Submit either electronic or written comments on the collection
of information by June 19, 2017.

ADDRESSES: You may submit comments as follows:

Electronic Submissions

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

Written/Paper Submissions

    Submit written/paper submissions as follows:
     Mail/Hand delivery/Courier (for written/paper
submissions): Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.
     For written/paper comments submitted to the Division of
Dockets Management, FDA will post your

comment, as well as any attachments, except for information submitted,
marked and identified, as confidential, if submitted as detailed in
``Instructions.''
    Instructions: All submissions received must include the Docket No.
FDA-2010-N-0062 for ``Agency Information Collection Activities;
Proposed Collection; Comment Request; Medical Devices; Exception From
General Requirements for Informed Consent.'' Received comments will be
placed in the docket and, except for those submitted as ``Confidential
Submissions,'' publicly viewable at https://www.regulations.gov or at
the Division of Dockets Management between 9 a.m. and 4 p.m., Monday
through Friday.
     Confidential Submissions--To submit a comment with
confidential information that you do not wish to be made publicly
available, submit your comments only as a written/paper submission. You
should submit two copies total. One copy will include the information
you claim to be confidential with a heading or cover note that states
``THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.'' The Agency will
review this copy, including the claimed confidential information, in
its consideration of comments. The second copy, which will have the
claimed confidential information redacted/blacked out, will be
available for public viewing and posted on https://www.regulations.gov.
Submit both copies to the Division of Dockets Management. If you do not
wish your name and contact information to be made publicly available,
you can provide this information on the cover sheet and not in the body
of your comments and you must identify this information as
``confidential.'' Any information marked as ``confidential'' will not
be disclosed except in accordance with 21 CFR 10.20 and other
applicable disclosure law. For more information about FDA's posting of
comments to public dockets, see 80 FR 56469, September 18, 2015, or
access the information at: https://www.fda.gov/regulatoryinformation/dockets/default.htm.
    Docket: For access to the docket to read background documents or
the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in
the heading of this document, into the ``Search'' box and follow the
prompts and/or go to the Division of Dockets Management, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.

FOR FURTHER INFORMATION CONTACT: JonnaLynn Capezzuto, Office of
Operations, Food and Drug Administration, Three White Flint North,
10A63, 11601 Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Under the PRA (44 U.S.C. 3501-3520), Federal
Agencies must obtain approval from the Office of Management and Budget
(OMB) for each collection of information they conduct or sponsor.
``Collection of information'' is defined in 44 U.S.C. 3502(3) and 5 CFR
1320.3(c) and includes Agency requests or requirements that members of
the public submit reports, keep records, or provide information to a
third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A))
requires Federal Agencies to provide a 60-day notice in the Federal
Register concerning each proposed collection of information, including
each proposed extension of an existing collection of information,
before submitting the collection to OMB for approval. To comply with
this requirement, FDA is publishing notice of the proposed collection
of information set forth in this document.
    With respect to the following collection of information, FDA
invites comments on these topics: (1) Whether the proposed collection
of information is necessary for the proper performance of FDA's
functions, including whether the information will have practical
utility; (2) the accuracy of FDA's estimate of the burden of the
proposed collection of information, including the validity of the
methodology and assumptions used; (3) ways to enhance the quality,
utility, and clarity of the information to be collected; and (4) ways
to minimize the burden of the collection of information on respondents,
including through the use of automated collection techniques, when
appropriate, and other forms of information technology.

Medical Devices; Exception From General Requirements for Informed
Consent--21 CFR 50.23 OMB Control Number 0910-0586--Extension

    In the Federal Register of June 7, 2006 (71 FR 32827), FDA issued
an interim final rule to amend its regulations to establish a new
exception from the general requirements for informed consent, to permit
the use of investigational in vitro diagnostic devices to identify
chemical, biological, radiological, or nuclear agents without informed
consent in certain circumstances. The Agency took this action because
it was concerned that, during a potential terrorism event or other
potential public health emergency, delaying the testing of specimens to
obtain informed consent may threaten the life of the subject. In many
instances, there may also be others who have been exposed to, or who
may be at risk of exposure to, a dangerous chemical, biological,
radiological, or nuclear agent, thus necessitating identification of
the agent as soon as possible. FDA created this exception to help
ensure that individuals who may have been exposed to a chemical,
biological, radiological, or nuclear agent are able to benefit from the
timely use of the most appropriate diagnostic devices, including those
that are investigational.
    Section 50.23(e)(1) (21 CFR 50.23(e)(1)) provides an exception to
the general rule that informed consent is required for the use of an
investigational in vitro diagnostic device. This exception applies to
those situations in which the in vitro investigational diagnostic
device is used to prepare for, and respond to, a chemical, biological,
radiological, or nuclear terrorism event or other public health
emergency, if the investigator and an independent licensed physician
make the determination and later certify in writing that: (1) There is
a life-threatening situation necessitating the use of the
investigational device, (2) obtaining informed consent from the subject
is not feasible because there was no way to predict the need to use the
investigational device when the specimen was collected and there is not
sufficient time to obtain consent from the subject or the subject's
legally authorized representative, and (3) no satisfactory alternative
device is available. Under the rule, these determinations are made
before the device is used, and the written certifications are made
within 5 working days after the use of the device. If use of the device
is necessary to preserve the life of the subject and there is not
sufficient time to obtain the determination of the independent licensed
physician in advance of using the investigational device, Sec.
50.23(e)(2) provides that the certifications must be made within 5
working days of use of the device. In either case, the certifications
are submitted to the Institutional Review Board (IRB) and, under Sec.
50.23(e)(3) (76 FR 36989, June 24, 2011), to FDA within 5 working days
of the use of the device.
    Section 50.23(e)(4) provides that an investigator must disclose the
investigational status of the device and what is known about the
performance characteristics of the device at the time

test results are reported to the subject's health care provider and
public health authorities, as applicable. Under Sec.  50.23(e)(4), the
investigator provides the IRB with the information required by Sec.
50.25 (21 CFR 50.25) (except for the information described in Sec.
50.25(a)(8)) and the procedures that will be used to provide this
information to each subject or the subject's legally authorized
representative.
    FDA estimates that there are approximately 150 laboratories that
could perform testing that uses investigational in vitro diagnostic
devices to identify chemical, biological, radiological, or nuclear
agents. FDA estimates that in the United States each year there are
approximately 450 naturally occurring cases of diseases or conditions
that are identified in the Centers for Disease Control and Prevention's
list of category ``A'' biological threat agents. The number of cases
that would result from a terrorist event or other public health
emergency is uncertain. Based on its knowledge of similar types of
submissions, FDA estimates that it will take about 2 hours to prepare
each certification. We estimate the operating and maintenance cost of
$200 for copying and mailing the information to FDA.
    Based on its knowledge of similar types of submissions, FDA
estimates that it will take about 1 hour to prepare a report disclosing
the investigational status of the in vitro diagnostic device and what
is known about the performance characteristics of the device and submit
it to the health care provider and, where appropriate, to public health
authorities.
    FDA estimates the burden of this collection of information as
follows:

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                        Number of                                                        Total operating
                  21 CFR Section                       Number of      responses per     Total annual    Average burden    Total hours    and maintenance
                                                      respondents       respondent       responses       per response                         costs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Written certification (sent to FDA)--50.23(e)(3)..             150                3              450             0.25              113             $200
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\1\ There are no capital costs associated with this collection of information.

                           Table 2--Estimated Annual Third-Party Disclosure Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of                        Average
           21 CFR Part               Number of      disclosures    Total annual     burden per      Total hours
                                    respondents   per respondent    disclosures     disclosure
----------------------------------------------------------------------------------------------------------------
Written certification (sent to               150               3             450               2             900
 IRB)--50.23(e)(1) and (e)(2)...
Informed consent information--               150               3             450               1             450
 50.23(e)(4)....................
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           1,350
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: April 11, 2017.
Anna K. Abram,
Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
[FR Doc. 2017-07768 Filed 4-17-17; 8:45 am]
 BILLING CODE 4164-01-P