[Federal Register: March 6, 2009 (Volume 74, Number 43)]
[Notices]
[Page 9860-9862]
[DOCID:fr06mr09-69]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59459; File No. SR-NYSEArca-2009-12]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to SPDR Barclays Capital Convertible
Bond ETF

February 26, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on February 18, 2009, NYSE Arca, Inc. (``NYSE Arca'' or
``Exchange''), filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the Exchange. The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange, through its wholly-owned subsidiary NYSE Arca
Equities, Inc. (``NYSE Arca Equities'' or ``Corporation''), proposes to
list and trade shares of the following exchange-traded fund:
SPDR[supreg] Barclays Capital Convertible Bond ETF. The text of the
proposed rule change is available on the Exchange's Web site at http://
www.nyse.com, at the Exchange's principal office and at the
Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to list and trade the shares (``Shares'') of
the following fund under NYSE Arca Equities Rule 5.2(j)(3), the
Exchange's listing standards for Investment Company Units (``Units''):
\3\ SPDR[supreg] Barclays Capital Convertible Bond ETF (the
``Fund'').\4\
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    \3\ An Investment Company Unit is a security that represents an
interest in a registered investment company that holds securities
comprising, or otherwise based on or representing an interest in, an
index or portfolio of securities (or holds securities in another
registered investment company that holds securities comprising, or
otherwise based on or representing an interest in, an index or
portfolio of securities). See NYSE Arca Equities Rule 5.2(j)(3)(A).
    \4\ See the Registration Statement on Form N-1A of the SPDR
Series Trust, dated January 15, 2009 (File Nos. 333-57793 and 811-
08839) (the ``Registration Statement'').
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    According to the Fund's Registration Statement, the Fund's
investment objective is to provide investment results that, before fees
and expenses, correspond generally to the price and yield performance
of the Barclays Capital U.S. Convertible Bond $500MM Index (the
``Index''), which aims to track the performance of the U.S. dollar-
denominated convertibles markets with outstanding issue sizes greater
than $500 million. The Index includes the following major classes of
convertible securities--cash pay bonds, zero-coupon/Original Issue
Discount bonds, preferred securities, and mandatories.
    The Fund uses a passive management strategy designed to track the
price and yield performance of the Index. According to the Registration
Statement, the Index represents the market of U.S. convertible bonds.
As of December 31, 2008, there were 156 issues included in the Index.
Convertible bonds are bonds that can be exchanged, at the option of the
holder, for a specific number of shares of the issuer's preferred stock
or common stock.
    The Exchange is submitting this proposed rule change because the
Index does not meet all of the ``generic'' listing requirements of
Commentary .03 to NYSE Arca Equities Rule 5.2(j)(3) applicable to
listing of Units based on an index or portfolio of component securities
representing the U.S. equity market, the international equity market,
and the fixed income market.\5\ The Index includes U.S. convertible
bonds and convertible preferred equity securities. The Index components
consisting of U.S. convertible bonds separately meet the criteria set
forth in Commentary .02(a) of Rule 5.2(j)(3) applicable to Units based
on a fixed income index or portfolio. However, the Index components
consisting of convertible preferred stocks do not separately meet the
criteria set forth in Commentary .01(a) of Rule 5.2(j)(3) applicable to
Units based on U.S. indexes or portfolios. As of November 30, 2008,
20.94% of the Index weight consisted of convertible preferred stocks.
The Index does not meet the requirements of Commentary .01(a)(A)(2) in
that convertible preferred stocks accounting for 78.56% of the weight
of the convertible preferred portion of the Index each had a minimum
worldwide monthly trading volume during each of the last six months of
at least 250,000 shares, as of November 30, 2008.\6\ In addition, the
Index does not meet the requirements of Commentary .01(a)(A)(5) in that
six of the 31 convertible preferred stocks in the Index as of November
30, 2008 are not listed on a national securities exchange.\7\ The
Exchange represents that (1) except for Commentary .01(a)(A)(2) and
.01(a)(A)(5) to Rule 5.2(j)(3), the Shares currently satisfy all other
of the generic listing standards under Rule 5.2(j)(3); (2) the
continued listing standards under NYSE Arca Equities Rules 5.2(j)(3)
and 5.5(g)(2) applicable to Units shall apply to the Shares; and (3)
the Trust is required to comply with Rule 10A-3 \8\ under the Act for
the initial and continued listing of the Shares.
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    \5\ Commentary .03 to Rule 5.2(j)(3) provides that the
Corporation may list a series of Units based on a combination of
indexes or a portfolio of component securities representing the U.S.
or domestic equity market, the international equity market, and the
fixed income market for listing and trading pursuant to Rule 19b-
4(e) under the Securities Exchange Act of 1934 (``Act'') provided
each index or portfolio of equity and fixed income component
securities separately meet either the criteria set forth in
Commentary .01(a) of Rule 5.2(j)(3) (applicable to Units based on
U.S., international or global equity indexes or portfolios) or
Commentary .02(a) (applicable to Units based on a fixed income index
or portfolio).
    \6\ Commentary .01(a)(A)(2) to NYSE Arca Equities Rule 5.2(j)(3)
provides that component stocks that in the aggregate account for at
least 90% of the weight of the index or portfolio each shall have a
minimum worldwide monthly trading volume during each of the last six
months of at least 250,000 shares.
    \7\ Commentary .01(a)(A)(5) to NYSE Arca Equities Rule 5.2(j)(3)
provides that all securities in the Index or portfolio shall be US
Component Stocks, as defined in Rule 5.2(j)(3) listed on a national
securities exchange and shall be NMS Stocks as defined in Rule 600
of regulation NMS under the Act. The Index does not include non-U.S.
securities. As of November 30, 2008, six convertible preferred
securities in the Index, accounting for 8% of the Index weight, were
traded over-the-counter.
    \8\ 17 CFR 240.10A-3.
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    The Exchange notes that, notwithstanding the fact that the Index
does not satisfy all criteria of Rule 5.2(j)(3)(A) applicable to U.S.
equity indexes, the Index components include issues with substantial
market capitalization. As noted above, the Index aims to track the
performance of the U.S. convertibles markets with

outstanding issue sizes greater than $500 million, and Index components
representing 97.24% of the Index weight had a market capitalization of
$100 million or more as of November 30, 2008. In addition, convertible
preferred stocks have certain characteristics of fixed income
securities (e.g., pricing influenced by changes in interest rates). The
Exchange notes that the provisions in Rule 5.2(j)(3), Commentary .02(a)
applicable to Units based on fixed income indexes include a requirement
relating to minimum principal amount outstanding, but not a requirement
of minimum trading volume.\9\ The Exchange believes that market
capitalization is an appropriate measure of liquidity for such issues.
Finally, with respect to the six convertible preferred stocks in the
Index that are not exchange-listed, the Exchange notes that the parent
companies for these issues are listed on the New York Stock Exchange.
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    \9\ Rule 5.2(j)(3), Commentary .02(a)(2) provides that
components that in the aggregate account for at least 75% of the
weight of the index or portfolio each have a minimum original
principal amount outstanding of $100 million or more. As noted
above, Index components representing 97.24% of the Index weight had
a market capitalization of $100 million or more as of November 30,
2008. The Exchange also notes that, in its proposed rule change
proposing to adopt Commentary .02 to Rule 5.2(j)(3) (generic listing
requirements for Units based on fixed income indexes), the Exchange
represented that the provisions of Commentary .02 ``would not
require a minimum trading volume, due to the lower trading volume
that generally occurs in the fixed income markets as compared to the
equity markets.'' See Securities Exchange Release No. 55783 (May 17,
2007), 72 FR 29194 (May 24, 2007) (SR-NYSEArca-2007-36).
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    Detailed descriptions of the Fund, the Underlying Index, procedures
for creating and redeeming Shares, transaction fees and expenses,
dividends, distributions, taxes, and reports to be distributed to
beneficial owners of the Shares can be found in the Registration
Statement or on the Web site for the Fund (http://www.SPDRETFs.com), as
applicable.
    In addition, the Exchange represents that the Shares will comply
with all other requirements applicable to Units including, but not
limited to, requirements relating to the dissemination of key
information such as the Index value and Intraday Indicative Value,
rules governing the trading of equity securities, trading hours,
trading halts, surveillance, firewalls and Information Bulletin to ETP
Holders, as set forth in prior Commission orders approving the generic
listing rules applicable to the listing and trading of Units.\10\
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    \10\ See, e.g., Securities Exchange Act Release No. 55783 (May
17, 2007), 72 FR 29194 (May 24, 2007) (SR-NYSEArca-2007-36) (order
approving generic listing standards for Units based on fixed income
indexes); Securities Exchange Act Release No. 44551 (July 12, 2001),
66 FR 37716 (July 19, 2001) (SR-PCX-2001-14) (order approving
generic listing standards for Units and Portfolio Depositary
Receipts); Securities Exchange Act Release No. 41983 (October 6,
1999), 64 FR 56008 (October 15, 1999) (SR-PCX-98-29) (order
approving rules for listing and trading of Units).
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2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \11\ of
the Act in general and furthers the objectives of Section 6(b)(5) \12\
in particular in that it is 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 regulating, clearing, settling, processing
information with respect to, and facilitating transaction in
securities, and, in general to protect investors and the public
interest. The Exchange believes that the proposed rule change will
facilitate the listing and trading of an additional type of exchange-
traded product that will enhance competition among market participants,
to the benefit of investors and the marketplace.\13\
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    \11\ 15 U.S.C. 78f(b).
    \12\ 15 U.S.C. 78f(b)(5).
    \13\ E-mail from Sudhir Bhattacharyya, Vice President, NYSE
Euronext, to Brian O'Neill, Attorney, Division of Trading and
Markets, Commission, dated February 26, 2009.
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purposes of the Act.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the Exchange consents, the Commission will:
    (A) By order approve the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File No. SR-NYSEArca-2009-12 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, Station Place, 100 F
Street, NE., Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEArca-2009-12. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/
rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for inspection
and copying in the Commission's Public Reference Room, on official
business days between the hours of 10 a.m. and 3 p.m. Copies of such
filing also will be available for inspection and copying at the
principal office of the Exchange. All comments received will be posted
without change; the Commission does not edit personal identifying
information from submissions. You should submit only information that
you wish to make available publicly. All submissions should refer to
File Number SR-NYSEArca-2009-12 and should be submitted on or before
March 27, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\14\
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    \14\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-4755 Filed 3-5-09; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 83, Number 25 (Tuesday, February 6, 2018)]
[Notices]
[Page 5291]
[FR Doc No: 2018-02311]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: General
Aviation and Air Taxi Activity and Avionics Survey

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew an information
collection. This information will be used by FAA for safety assessment,
planning, forecasting, cost/benefit analysis, and to target areas for
research.

DATES: Written comments should be submitted by April 9, 2018.

ADDRESSES: Send comments to the FAA at the following address: Barbara
Hall, Federal Aviation Administration, ASP-110, 10101 Hillwood Parkway,
Fort Worth, TX 76177.
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.

FOR FURTHER INFORMATION CONTACT: Barbara Hall by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    OMB Control Number: 2120-0060.
    Title: General Aviation and Air Taxi Activity and Avionics Survey.
    Form Numbers: 1800-54.
    Type of Review: Extension Without Change.
    Background: Respondents to this survey are owners of general
aviation aircraft. This information is used by FAA for safety
assessment, planning, forecasting, cost/benefit analysis, and to target
areas for research.
    Respondents: 39,000.
    Frequency: Information is collected annually.
    Estimated Average Burden per Response: 20 minutes.
    Estimated Total Annual Burden: 13,000 hours.

    Issued in Fort Worth, TX, on January 31, 2018.
Barbara L. Hall,
FAA Information Collection Clearance Officer, Performance, Policy, and
Records Management Branch, ASP-110.
[FR Doc. 2018-02311 Filed 2-5-18; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 22 (Thursday, February 4, 2021)]
[Notices]
[Pages 8242-8243]
[FR Doc No: 2021-02269]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34183]

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

January 29, 2021.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
January 2021. A copy of each application may be obtained via the
Commission's website by searching for the file number, or for an
applicant using the Company name box, at http://www.sec.gov/search/search.htm or by calling<PHONE_NUMBER>. An order granting each
application will be issued unless the SEC orders a hearing. Interested
persons may request a hearing on any application by emailing the SEC's
Secretary at<EMAIL_ADDRESS>and serving the relevant
applicant with a copy of the request by email, if an email address is
listed for the relevant applicant below, or personally or by mail, if a
physical address is listed for the relevant applicant below. Hearing
requests should be received by the SEC by 5:30 p.m. on February 23,
2021, and should be accompanied by proof of service on applicants, in
the form of an affidavit or, for lawyers, a certificate of service.
Pursuant to Rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by writing to the Commission's Secretary at
<EMAIL_ADDRESS>
ADDRESSES: The Commission<EMAIL_ADDRESS>
FOR FURTHER INFORMATION CONTACT: Shawn Davis, Assistant Director, at
(202) 551-6413 or Chief Counsel's Office at<PHONE_NUMBER>; SEC,
Division of Investment Management, Chief Counsel's Office, 100 F Street
NE, Washington, DC 20549-8010.

American Independence Funds Trust [File No. 811-21757]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On December 7, 2018, applicant made a
liquidating distribution to its shareholders based on net asset value.
Expenses of $357,000 incurred in connection with the liquidation were
paid by the applicant.
    Filing Dates: The application was filed on February 6, 2020, and
amended on October 14, 2020, and Deember 29, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Boston Income Portfolio [811-10391]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On June 12, 2020, applicant made a
liquidating distribution to its shareholders based on net asset value.
No expenses were incurred in connection with the liquidation.
    Filing Date: The application was filed on December 16, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Equinox Funds Trust [File No. 811-22447]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. The applicant has transferred its assets to
Campbell Systematic Macro Fund, a series of the RBB Fund, Inc., and on
May 29, 2020 made a final distribution to its shareholders based on net
asset value. Expenses of $201,870.29 incurred in connection with the
reorganization were paid by the acquiring fund's investment adviser,
and/or its affiliates.
    Filing Dates: The application was filed on August 11, 2020, and
amended on November 10, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Holland Series Fund, Inc. [File No. 811-09060]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On December 2, 2020, applicant made a
liquidating distribution to its shareholders based on net asset value.
Expenses of approximately $26,000 incurred in connection with the
liquidation were paid by the applicant's investment advisor.
    Filing Date: The application was filed on December 16, 2020.
    Applicant's Address<EMAIL_ADDRESS>

Lazard World Dividend & Income Fund, Inc. [811-21751]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Lazard Global Total Return and Income
Fund, Inc., and on December 3, 2019 made a final distribution to its
shareholders based on net asset value. Expenses of $1,206,186.54
incurred in connection with the reorganization were paid by the
applicant, the applicant's investment adviser and the acquiring fund.
    Filing Date: The application was filed on December 30, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Miles Funds, Inc. [811-08910]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 27, 2020, applicant made a
liquidating distribution to its shareholders based on net asset value.
Expenses of $18,861.95 incurred in connection with the liquidation were
paid by the applicant's investment advisor.
    Filing Dates: The application was filed on May 14, 2020, and
amended on January 15, 2021.
    Applicant's Address<EMAIL_ADDRESS>
Nuveen Strategy Funds, Inc. [File No. 811-07687]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. The applicant has transferred its assets to
TIAA-CREF Lifestyle Aggressive Growth Fund, TIAA-CREF Lifestyle Growth
Fund, TIAA-CREF Lifestyle Moderate Fund, and TIAA-CREF Lifestyle
Conservative Growth Fund, each a series of the TIAA-CREF Funds, and on
October 16, 2019 made a final distribution to its shareholders based on
net asset value. Expenses of $935,360 incurred in connection with the
reorganization were paid by Nuveen, LLC.
    Filing Date: The application was filed on December 7, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Pathway Capital Opportunity Fund, Inc. [811-22807]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. The applicant
has transferred its assets to Prospect Flexible Income Fund, Inc., and
on March 31, 2019 made a final distribution to its shareholders based
on net asset value. Expenses of $767,223 incurred in connection with
the reorganization were paid by the applicant.
    Filing Dates: The application was filed on November 4, 2020, and
amended on January 13, 2021.
    Applicant's Address<EMAIL_ADDRESS>
Rx Funds Trust [File No. 811-22878]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On December 30, 2016, applicant made a
liquidating distribution to its shareholders based on net asset value.
No expenses were incurred in connection with the liquidation.
    Filing Dates: The application was filed on February 6, 2020, and
amended on October 14, 2020, and December 29, 2020.
    Applicant's Address<EMAIL_ADDRESS>
Short Duration High Income Portfolio [File No. 811-22662]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On June 12, 2020, applicant made a
liquidating distribution to its shareholders based on net asset value.
No expenses were incurred in connection with the liquidation.
    Filing Date: The application was filed on December 16, 2020.
    Applicant's Address<EMAIL_ADDRESS>
StrongVest ETF Trust [File No. 811-23196]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On September 13, 2019, applicant made a
liquidating distribution to its shareholders based on net asset value.
Expenses of approximately $3,893.58 incurred in connection with the
reorganization were paid by the applicant's investment adviser.
    Filing Dates: The application was filed on March 3, 2020, and
amended on September 18, 2020, and December 18, 2020.
exception occurred on : 2021-02269.htm
exception occurred on : 2021-02269.htm
    Applicant's Address: inc.com">[email protected]inc.com.

Worldwide Health Sciences Portfolio [811-07723]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On August 9, 2019, applicant made a
liquidating distribution to its shareholders based on net asset value.
No expenses were incurred in connection with the liquidation.
    Filing Date: The application was filed on December 16, 2020.
    Applicant's Address<EMAIL_ADDRESS>
    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2021-02269 Filed 2-3-21; 8:45 am]
BILLING CODE 8011-01-P