[Federal Register Volume 88, Number 208 (Monday, October 30, 2023)]
[Notices]
[Pages 74168-74169]
[FR Doc No: 2023-23925]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #1

    Take notice that the Commission received the following exempt
wholesale generator filings:

    Docket Numbers: EG24-18-000.
    Applicants: Placerita ESS, LLC.
    Description: Placerita ESS, LLC submits Notice of Self-
Certification of Exempt Wholesale Generator Status.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5147.
    Comment Date: 5 p.m. ET 11/13/23.

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER22-2029-001.
    Applicants: PJM Interconnection, L.L.C.
    Description: Compliance filing: Compliance Implementing HSIM with
99% Confidence Interval, EL22-32, ER22-703 to be effective 12/12/2023.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5148.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-184-000.
    Applicants: American Transmission Systems, Incorporated, PJM
Interconnection, L.L.C.
    Description: Sec.  205(d) Rate Filing: American Transmission
Systems, Incorporated submits tariff filing per 35.13(a)(2)(iii: ATSI
submits Revised Interconnection Agreement, Service Agreement No. 5196
to be effective 12/23/2023.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5150.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-185-000.
    Applicants: The United Illuminating Company.
    Description: Sec.  205(d) Rate Filing: Localized Costs Sharing
Agreement No. 21 to be effective 12/1/2021.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5166.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-186-000.
    Applicants: The United Illuminating Company.
    Description: Sec.  205(d) Rate Filing: Localized Costs Sharing
Agreement No. 22 to be effective 12/1/2021.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5167.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-187-000.
    Applicants: The United Illuminating Company.
    Description: Sec.  205(d) Rate Filing: Localized Costs Sharing
Agreement No. 23 to be effective 12/1/2021.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5168.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-188-000.
    Applicants: Wild Springs Solar, LLC.
    Description: Baseline eTariff Filing: Application for MBR
Authorization, Request for Waivers and Expedited Treatment to be
effective 11/1/2023.
    Filed Date: 10/23/23.
    Accession Number: 20231023-5176.
    Comment Date: 5 p.m. ET 11/13/23.

    Docket Numbers: ER24-189-000.
    Applicants: Michigan Electric Transmission Company, LLC.
    Description: Sec.  205(d) Rate Filing: Filling of an Agency
Agreement for Third-Party Attachments to be effective 12/24/2023.
    Filed Date: 10/24/23.
    Accession Number: 20231024-5025.
    Comment Date: 5 p.m. ET 11/14/23.

    Docket Numbers: ER24-190-000.
    Applicants: Chisholm View Wind Project II, LLC.
    Description: Sec.  205(d) Rate Filing: Chisholm View Wind Project
II, LLC SFA Certificate of Concurrence to be effective 10/25/2023.
    Filed Date: 10/24/23.
    Accession Number: 20231024-5034.
    Comment Date: 5 p.m. ET 11/14/23.

    Docket Numbers: ER24-191-000.
    Applicants: Midcontinent Independent System Operator, Inc., Union
Electric Company.
    Description: Sec.  205(d) Rate Filing: Midcontinent Independent
System Operator, Inc. submits tariff filing per 35.13(a)(2)(iii: 2023-
10-24_SA 1982 UE-Linneus, Missouri 1st Rev WDS to be effective 1/1/
2024.
    Filed Date: 10/24/23.
    Accession Number: 20231024-5049.
    Comment Date: 5 p.m. ET 11/14/23.

    Docket Numbers: ER24-192-000.
    Applicants: MRP Elgin LLC.
    Description: Initial rate filing: MRP Elgin Initial Reactive Rate
Schedule to be effective 12/31/9998.
    Filed Date: 10/24/23.
    Accession Number: 20231024-5064.
    Comment Date: 5 p.m. ET 11/14/23.

    Docket Numbers: ER24-193-000.
    Applicants: MRP Rocky Road LLC.
    Description: Initial rate filing: MRP Rocky Road Initial Reactive
Rate Schedule to be effective 12/31/9998.
    Filed Date: 10/24/23.
    Accession Number: 20231024-5066.
    Comment Date: 5 p.m. ET 11/14/23.

    Docket Numbers: ER24-194-000.
    Applicants: AEP Texas Inc.
    Description: Sec.  205(d) Rate Filing: AEPTX-Peacock Energy Project
(Jackalope) 1st A&R Generation Interconnection Agr to be effective 10/
6/2023.
    Filed Date: 10/24/23.
    Accession Number: 20231024-5104.
    Comment Date: 5 p.m. ET 11/14/23.

    Docket Numbers: ER24-195-000.
    Applicants: PPL Electric Utilities Corporation, PJM
Interconnection, L.L.C.
    Description: Tariff Amendment: PPL Electric Utilities Corporation
submits tariff filing per 35.15: Notice of Cancellation of ESCA, SA No.
6255 to be effective 12/24/2023.
    Filed Date: 10/24/23.
    Accession Number: 20231024-5111.
    Comment Date: 5 p.m. ET 11/14/23.

    Docket Numbers: ER24-196-000.
    Applicants: Grand Tower Energy Center, LLC.
    Description: Tariff Amendment: Grand Tower Notice of Cancellation
of Market-Based Rate Tariff to be effective 12/23/2023.
    Filed Date: 10/24/23.
    Accession Number: 20231024-5112.
    Comment Date: 5 p.m. ET 11/14/23.

    Docket Numbers: ER24-197-000.
    Applicants: ITC Midwest LLC.
    Description: Sec.  205(d) Rate Filing: Filing of Joint Use Pole
Agmt (RS 228) & Operation & Maintenance Agmt (RS 229) to be effective
12/24/2023.
    Filed Date: 10/24/23.
    Accession Number: 20231024-5120.
    Comment Date: 5 p.m. ET 11/14/23.

    The filings are accessible in the Commission's eLibrary system
(https://elibrary.ferc.gov/idmws/search/fercgensearch.asp) by querying
the docket number.
    Any person desiring to intervene, to protest, or to answer a
complaint in any of the above proceedings must file in accordance with
Rules 211, 214, or 206 of the Commission's Regulations (18 CFR 385.211,
385.214, or 385.206) on or before 5:00 p.m. Eastern time on the
specified comment date. Protests may be considered, but intervention is
necessary to become a party to the proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.
    The Commission's Office of Public Participation (OPP) supports
meaningful public engagement and participation in Commission
proceedings. OPP can help members of the public, including landowners,
environmental justice communities, Tribal members and others, access
publicly available information and navigate Commission processes. For
public inquiries and assistance with making filings such as
interventions, comments, or requests for rehearing, the public is
encouraged to contact OPP at<PHONE_NUMBER> or [email protected].

    Dated: October 24, 2023.
Debbie-Anne A. Reese,
Deputy Secretary.
[FR Doc. 2023-23925 Filed 10-27-23; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 7 (Wednesday, January 11, 2012)]
[Notices]
[Pages 1761-1764]
[FR Doc No: 2012-322]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66112; File No. SR-NYSEArca-2011-80]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change To List and Trade Shares of the
Rockledge SectorSAM ETF Under NYSE Arca Equities Rule 8.600

January 5, 2012.

I. Introduction

    On November 3, 2011, 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 (``Shares'') of the
Rockledge SectorSAM ETF (``Fund'') under NYSE Arca Equities Rule 8.600.
The proposed rule change was published in the Federal Register on
November 23, 2011.\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. 65778 (November 17,
2011), 76 FR 72474 (``Notice'').
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II. Description of the Proposal

    The Exchange proposes to list and trade the Shares of the Fund
pursuant to NYSE Arca Equities Rule 8.600, which governs the listing
and trading of Managed Fund Shares on the Exchange. The Shares will be
offered by AdvisorShares Trust (``Trust''), a statutory trust organized
under the laws of the State of Delaware and registered with the
Commission as an open-end management investment company.\4\ The
investment adviser to the Fund is AdvisorShares Investments, LLC
(``Adviser''). Rockledge Advisers LLC serves as investment sub-adviser
to the Fund (``Rockledge'' or ``Sub-Adviser'') and provides day-to-day
portfolio management of the Fund. Foreside Fund Services, LLC is the
principal underwriter and distributor of the Fund's Shares. The Bank of
New York Mellon Corporation serves as administrator, custodian, and
transfer agent for the Fund. The Exchange states that neither the
Adviser nor the Sub-Adviser is affiliated with a broker-dealer.\5\
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    \4\ The Trust is registered under the Investment Company Act of
1940 (``1940 Act''). On April 11, 2011, the Trust filed with the
Commission Post-Effective Amendment No. 23 to Form N-1A under the
Securities Act of 1933 (15 U.S.C. 77a) and under the 1940 Act
relating to the Fund (File Nos. 333-157876 and 811-22110)
(``Registration Statement''). In addition, the Commission has issued
an order granting exemptive relief to the Trust under the 1940 Act.
See Investment Company Act Release No. 29291 (May 28, 2010) (File
No. 812-13677) (``Exemptive Order'').
    \5\ See Commentary .06 to NYSE Arca Equities Rule 8.600. The
Exchange represents that, in the event (a) the Adviser or Sub-
Adviser becomes newly affiliated with a broker-dealer, or (b) any
new adviser or sub-adviser becomes affiliated with a broker-dealer,
such adviser and/or sub-adviser will implement a fire wall with
respect to such broker-dealer regarding access to information
concerning the composition and/or changes to the portfolio, and will
be subject to procedures designed to prevent the use and
dissemination of material non-public information regarding such
portfolio.
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Description of the Fund

    The Fund is considered a ``fund-of-funds'' that seeks to achieve
its investment objective by primarily investing in other U.S.-listed
exchange-traded funds (``Underlying ETFs'') that offer diversified
exposure to U.S. large capitalization (generally, Standard & Poor 500
companies) sectors. The Sub-Adviser will use ``Sector Scoring and
Allocation Methodology'' (``SectorSAM''), which is a proprietary
quantitative analysis, to forecast each sector's excess return within a
specific time horizon. The Sub-Adviser will seek to achieve the Fund's
investment objective by buying (taking long positions in) Underlying
ETFs intended to capture the performance of the most promising sectors
and selling (establishing short positions) in Underlying ETFs with the
intent of profiting from the least promising sectors of U.S. large
capitalization broad market securities. The strategy is designed to
generate higher returns in a higher interest rate environment, which is
often associated with increased inflation.\6\
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    \6\ The Underlying ETFs are registered under the 1940 Act and
will be listed and traded in the U.S. on registered exchanges.
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    Under normal circumstances,\7\ the Fund intends to invest equal
dollar amounts to obtain both long and short exposure in the market at
each major rebalancing point (on at least a monthly basis). When fully
invested, the Fund will typically be both 100% long and 100% short of
total portfolio value. The Sub-Adviser, in its discretion, may choose
an additional long or short bias of up to 50% exposure, or may choose
to hold amounts in cash or cash equivalents depending on its view of
market conditions.
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    \7\ The term ``under normal circumstances'' includes, but is not
limited to, the absence of extreme volatility or trading halts in
the equity markets or the financial markets generally; operational
issues causing dissemination of inaccurate market information; or
force majeure type events such as systems failure, natural or man-
made disaster, act of God, armed conflict, act of terrorism, riot or
labor disruption or any similar intervening circumstance.
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    The Underlying ETFs in which the Fund will invest will primarily be
ETFs that hold substantially all of their assets in securities
representing a specific index. The main risk of investing in index-
based investments is the same as investing in a portfolio of securities
comprising the index. The market prices of index-based investments will
fluctuate in accordance with both changes in the market value of their
underlying portfolio securities and due to supply and demand for the
instruments on the exchanges on which they are traded (which may result
in their trading at a discount or premium to their net asset values
(``NAVs'')).
    The Fund, through its investment in Underlying ETFs, may invest in
equity securities. Equity securities represent ownership interests in a
company or partnership and consist of common stocks, preferred stocks,
warrants to acquire common stock, securities convertible into common
stock, and investments in master limited partnerships.
    The Fund, through its investment in Underlying ETFs, may invest in
American Depositary Receipts (``ADRs''), as well as Global Depositary
Receipts (``GDRs'', together with ADRs, ``Depositary Receipts''), which
are certificates evidencing ownership of shares of a foreign issuer.
Depositary Receipts may be sponsored or unsponsored. These certificates
are issued by depositary banks and generally trade on an established
market in the United States or elsewhere. The underlying shares are
held in trust by a custodian bank or similar financial institution in
the issuer's home country. The depositary bank may not have physical
custody of the underlying securities at all times and may charge fees
for various services, including forwarding dividends and interest and
corporate actions. ADRs are alternatives to directly purchasing the
underlying foreign securities in their national markets and currencies.
However, ADRs

continue to be subject to many of the risks associated with investing
directly in foreign securities.
    Through Underlying ETFs, the Fund may invest in the equity
securities of foreign issuers, including the securities of foreign
issuers in emerging market countries. Emerging or developing markets
exist in countries that are considered to be in the initial stages of
industrialization. The risks of investing in these markets are similar
to the risks of international investing in general, although the risks
are greater in emerging and developing markets. Countries with emerging
or developing securities markets tend to have economic structures that
are less stable than countries with developed securities markets. This
is because their economies may be based on only a few industries and
their securities markets may trade a small number of securities. Prices
on these exchanges tend to be volatile, and securities in these
countries historically have offered greater potential for gain (as well
as loss) than securities of companies located in developed countries.
    The Fund, through its investment in Underlying ETFs, may invest in
closed-end funds, pooled investment vehicles that are registered under
the 1940 Act and whose shares are listed and traded on U.S. national
securities exchanges.
    The Fund, through its investment in Underlying ETFs, may invest in
shares of real estate investment trusts (``REITs''). REITs are pooled
investment vehicles which invest primarily in real estate or real
estate related loans. REITs are generally classified as equity REITs,
mortgage REITs or a combination of equity and mortgage REITs.
    The Fund intends to invest primarily in the securities of
Underlying ETFs consistent with the requirements of Section 12(d)(1) of
the 1940 Act, or any rule, regulation or order of the Commission or
interpretation thereof.
    The Underlying ETFs may invest in complex securities such as equity
options, index options, repurchase agreements, foreign currency
contracts and swaps. The Fund does not intend to invest in leveraged,
inverse or inverse leveraged Underlying ETFs.

Investment Process

    The following describes the Sub-Adviser's investment process:
    (a) Quantitative Analysis. Rockledge has developed a proprietary
SectorSAMTM quantitative research and evaluation process
that forecasts economic excess sector returns (over/under the Standard
& Poor's 500 Index (``S&P 500 Index'') for a given timeframe). Absolute
returns may be captured by investing long in sectors which are
forecasted to outperform the overall U.S. equity market and shorting
sectors that are forecasted to underperform the market.
    SectorSAM analysis provides for individual sector forecasts through
analysis of over 200 fundamental, macroeconomic, and technical factors
influencing stock returns. The SectorSAM process creates a basket of
factors that are meaningful to each economic sector within the S&P 500
Index. Rockledge reviews the information to make portfolio decisions on
behalf of the Fund.
    (b) Long/Short Portfolio Construction. The Fund's portfolio will be
comprised primarily of an equal dollar amount of long and short
positions based on the Rockledge relative value strategy.\8\ Rockledge
will actively manage and adjust the positions in its long and short
portfolios as dictated by its proprietary SectorSAM quantitative
research and evaluation process.
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    \8\ The following convictions constitute the guiding philosophy
for the relative investment strategy pursued by the Sub-Adviser:
    1. The U.S. economy goes through various growth and contraction
stages and the various economic sectors reflect these changes.
    2. Large capitalization stocks are heavily researched and well
known to equity analysts. The valuations and pricing of these stocks
are very close to efficient. It is difficult to make significant
outsized returns by investing in individual large capitalization
stocks.
    3. The valuation of each U.S economic sector is directly based
on the aggregation of valuation of the individual companies making
up that sector. Up to 90% of an individual stock's performance can
be attributed to the return of the sector that stock is in.
    4. Sector investing provides a better risk/return profile than
individual stock investing. Sector investing eliminates company
specific risk as sectors are inherently diversified.
    5. Appropriately and correctly forecasted, one can capture both
the upside potential of the outperforming sectors and downside loss
of the underperforming sectors, relative to a broad market index.
    6. There can be significant performance dispersion among various
economic sectors. The ability to identify which sectors will
outperform the broad market and which will underperform over a
specified time period can lead to considerable cumulative absolute
returns.
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    (c) Risk Management. The Fund's core long/short portfolio
construction generally will be dollar neutral, where the value of all
long positions is equal to the value of all short positions. This
provides a high degree of inherent risk control, especially when stock
markets are falling. The short positions provide protection against
market declines, and may offer the potential to generate positive
returns when markets are falling if the short positions fall more than
the long positions. Rockledge will use a number of methods to monitor
and manage the inherent risk of the portfolio including the tracking of
relative sector exposure, volatility, and sector correlations.
Rockledge proactively will monitor its positions, exposure and
performance attribution on a real-time basis to identify, monitor and
mitigate the most threatening risks to the Fund's ability to attain its
investment objective.
    The Fund's portfolio holdings will be disclosed on the Trust's Web
site daily after the close of trading on the Exchange and prior to the
opening of trading on the Exchange the following day.

Other Investments of the Fund

    To respond to adverse market, economic, political, or other
conditions,\9\ the Fund may invest 100% of its total assets, without
limitation, in high-quality debt securities and money market
instruments either directly or through Underlying ETFs. The Fund may be
invested in these instruments for extended periods, depending on the
Sub-Adviser's assessment of market conditions. These debt securities
and money market instruments include shares of other mutual funds,
commercial paper, certificates of deposit, bankers' acceptances, U.S.
Government securities,\10\ repurchase

agreements,\11\ and bonds that are BBB or higher.
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    \9\ Adverse market conditions would include large downturns in
the broad market value of two or more times current average
volatility, where the Sub-Adviser views such downturns as likely to
continue for an extended period of time. Adverse economic conditions
would include significant negative results in factors deemed
critical at the time by the Sub-Adviser, including significant
negative results regarding unemployment, Gross Domestic Product,
consumer spending or housing numbers. Adverse political conditions
would include events such as government overthrows or instability,
where the Sub-Adviser expects that such events may potentially
create a negative market or economic condition for an extended
period of time.
    \10\ Securities issued or guaranteed by the U.S. government or
its agencies or instrumentalities include U.S. Treasury securities,
which are backed by the full faith and credit of the U.S. Treasury
and which differ only in their interest rates, maturities, and times
of issuance. U.S. Treasury bills have initial maturities of one year
or less; U.S. Treasury notes have initial maturities of one to ten
years; and U.S. Treasury bonds generally have initial maturities of
greater than ten years. Certain U.S. government securities are
issued or guaranteed by agencies or instrumentalities of the U.S.
government including, but not limited to, obligations of U.S.
government agencies or instrumentalities such as Fannie Mae, Freddie
Mac, the Government National Mortgage Association, the Small
Business Administration, the Federal Farm Credit Administration, the
Federal Home Loan Banks, Banks for Cooperatives (including the
Central Bank for Cooperatives), the Federal Land Banks, the Federal
Intermediate Credit Banks, the Tennessee Valley Authority, the
Export-Import Bank of the United States, the Commodity Credit
Corporation, the Federal Financing Bank, the Student Loan Marketing
Association, the National Credit Union Administration, and the
Federal Agricultural Mortgage Corporation.
    \11\ The Fund may enter into repurchase agreements with
financial institutions, which may be deemed to be loans. The Fund
follows certain procedures designed to minimize the risks inherent
in such agreements. These procedures include effecting repurchase
transactions only with large, well-capitalized and well-established
financial institutions whose condition will be continually monitored
by the Sub-Adviser. In addition, the value of the collateral
underlying the repurchase agreement will always be at least equal to
the repurchase price, including any accrued interest earned on the
repurchase agreement. The Fund may enter into reverse repurchase
agreements as part of the Fund's investment strategy. Reverse
repurchase agreements involve sales by the Fund of portfolio assets
concurrently with an agreement by the Fund to repurchase the same
assets at a later date at a fixed price.
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    The Fund, or the Underlying ETFs in which it invests, may invest in
U.S. Treasury zero-coupon bonds. These securities are U.S. Treasury
bonds which have been stripped of their unmatured interest coupons, the
coupons themselves, and receipts or certificates representing interests
in such stripped debt obligations and coupons.
    The Fund may invest in exchange-traded notes (``ETNs''). ETNs are
debt obligations of investment banks which are traded on exchanges and
the returns of which are linked to the performance of market indexes.
In addition to trading ETNs on exchanges, investors may redeem ETNs
directly with the issuer on a weekly basis, typically in a minimum
amount of 50,000 units, or hold the ETNs until maturity. ETNs may be
riskier than ordinary debt securities and may have no principal
protection.
    The Fund will seek to qualify for treatment as a Regulated
Investment Company under Subchapter M of the Internal Revenue Code. The
Fund may not (i) with respect to 75% of its total assets, purchase
securities of any issuer (except securities issued or guaranteed by the
U.S. Government, its agencies or instrumentalities or shares of
investment companies) if, as a result, more than 5% of its total assets
would be invested in the securities of such issuer; or (ii) acquire
more than 10% of the outstanding voting securities of any one issuer.
For purposes of this policy, the issuer of the underlying security will
be deemed to be the issuer of any respective Depositary Receipt. The
Fund may not invest 25% or more of its total assets in the securities
of one or more issuers conducting their principal business activities
in the same industry or group of industries. This limitation does not
apply to investments in securities issued or guaranteed by the U.S.
Government, its agencies or instrumentalities, or shares of investment
companies. The Fund will not invest 25% or more of its total assets in
any investment company that so concentrates. For purposes of this
policy, the issuer of the underlying security will be deemed to be the
issuer of any respective Depositary Receipt.
    Except for Underlying ETFs that may hold non-U.S. issues, the Fund
will not otherwise invest in non-U.S.-registered issues.
    Pursuant to the terms of the Exemptive Order, the Fund will not
invest in options contracts, futures contracts, or swap agreements. The
Fund's investments will be consistent with the Fund's investment
objective and will not be used to enhance leverage. The Fund will not
purchase illiquid securities, including Rule 144A securities and loan
participation interests.
    Additional information regarding the Trust, the Fund, and the
Shares, including investment strategies, risks, creation and redemption
procedures, fees, portfolio holdings disclosure policies,
distributions, and taxes, among other things, is included in the
Registration Statement. All terms relating to the Fund that are
referred to, but not defined in, this proposed rule change are defined
in the Notice and/or Registration Statement, as applicable.\12\
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    \12\ See Notice and Registration Statement, supra notes 3 and 4,
respectively.
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III. Discussion and Commission's Findings

    The Commission has carefully reviewed the proposed rule change and
finds that it is consistent with the requirements of Section 6 of the
Act \13\ and the rules and regulations thereunder applicable to a
national securities exchange.\14\ In particular, the Commission finds
that the proposal is consistent with Section 6(b)(5) of the Act,\15\
which requires, among other things, that the Exchange's rules be
designed 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. The Commission notes that the Shares must comply with
the requirements of NYSE Arca Equities Rule 8.600 to be listed and
traded on the Exchange.
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    \13\ 15 U.S.C. 78f.
    \14\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \15\ 17 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 consistent with Section 11A(a)(1)(C)(iii) of the
Act,\16\ 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 for the Shares will be available via the Consolidated
Tape Association high-speed line and, for the Underlying ETFs, will be
available from the national securities exchange(s) on which they are
listed.\17\ In addition, the Portfolio Indicative Value (``PIV''), as
defined in NYSE Arca Equities Rule 8.600(c)(3), will be widely
disseminated by one or more major market data vendors at least every 15
seconds during the Core Trading Session.\18\ On each business day,
before commencement of trading in Shares during the Core Trading
Session on the Exchange, the Fund will disclose on its Web site the
Disclosed Portfolio, as defined in NYSE Arca Equities Rule 8.600(c)(2),
that will form the basis for the Fund's calculation of the NAV at the
end of the business day.\19\ The Fund will calculate NAV once each
business day as of the regularly scheduled close of the Core Trading
Session on the Exchange (normally 4 p.m. Eastern Time). A basket
composition file, which includes the security names and share
quantities required to be delivered in exchange for Fund shares,
together with estimates and actual cash components, will be publicly
disseminated daily prior to the opening of the New York Stock Exchange
via the National Securities Clearing Corporation. Information regarding
market price and trading volume of the Shares will be continually
available on a real-time basis throughout the day on brokers' computer
screens and other electronic services, and 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. The Fund's
Web site will also include a form of the prospectus for the Fund,
information relating to NAV (updated daily), and other quantitative and
trading information.
---------------------------------------------------------------------------

    \16\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \17\ The intra-day, closing, and settlement prices of the
portfolio securities are also readily available on automated
quotation systems, published or other public sources, or online
information services such as Bloomberg or Reuters.
    \18\ The Exchange states that it understands that several major
market data vendors widely disseminate PIVs taken from the
Consolidated Tape Association or other data feeds. See Notice at
72478, supra note 3.
    \19\ On a daily basis, the Adviser will disclose for each
portfolio security or other financial instrument of the Fund the
following information: Ticker symbol (if applicable); name of
security or financial instrument; number of shares or dollar value
of financial instruments held in the portfolio; and percentage
weighting of the security or financial instrument in the portfolio.
---------------------------------------------------------------------------

    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 will be
calculated daily and that the NAV and the Disclosed Portfolio will be
made available to all market participants at the same time.\20\ In
addition, the Exchange will halt trading in the Shares under the
specific circumstances set forth in NYSE Arca Equities Rule
8.600(d)(2)(D) and may halt trading in the Shares if trading is not
occurring in the securities and/or the financial instruments comprising
the Disclosed Portfolio of the Fund, or if other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present.\21\ Further, 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.\22\ The Exchange
states that it has a general policy prohibiting the distribution of
material, non-public information by its employees, and neither the
Adviser nor the Sub-Adviser is affiliated with a broker-dealer.\23\ The
Commission also notes that the Exchange can obtain information with
respect to the Underlying ETFs from the U.S. exchanges, which are all
members of the Intermarket Surveillance Group, listing and trading such
Underlying ETFs.
---------------------------------------------------------------------------

    \20\ See NYSE Arca Equities Rule 8.600(d)(1)(B).
    \21\ See NYSE Arca Equities Rule 8.600(d)(2)(C). With respect to
trading halts, the Exchange may consider other relevant factors in
exercising its discretion to halt or suspend trading in the Shares
of the Fund. Trading in Shares of the Fund will be halted if the
circuit breaker parameters in NYSE Arca Equities Rule 7.12 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.
    \22\ See NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
    \23\ See supra note 5 and accompanying text. The Commission
notes that an investment adviser to an open-end fund is required to
be registered under the Investment Advisers Act of 1940 (``Advisers
Act''). As a result, the Adviser and Sub-Adviser and their related
personnel are subject to the provisions of Rule 204A-1 under the
Advisers Act relating to codes of ethics. This Rule requires
investment advisers to adopt a code of ethics that reflects the
fiduciary nature of the relationship to clients as well as
compliance with other applicable securities laws. Accordingly,
procedures designed to prevent the communication and misuse of non-
public information by an investment adviser must be consistent with
Rule 204A-1 under the Advisers Act. In addition, Rule 206(4)-7 under
the Advisers Act makes it unlawful for an investment adviser to
provide investment advice to clients unless such investment adviser
has (i) adopted and implemented written policies and procedures
reasonably designed to prevent violation, by the investment adviser
and its supervised persons, of the Advisers Act and the Commission
rules adopted thereunder; (ii) implemented, at a minimum, an annual
review regarding the adequacy of the policies and procedures
established pursuant to subparagraph (i) above and the effectiveness
of their implementation; and (iii) designated an individual (who is
a supervised person) responsible for administering the policies and
procedures adopted under subparagraph (i) above.
---------------------------------------------------------------------------

    The Exchange represents that the Shares are deemed to be equity
securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
In support of this proposal, the Exchange has made representations,
including:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The Exchange's surveillance procedures applicable to derivative
products, which include Managed Fund Shares, 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 Equity Trading Permit 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 Equity Trading Permit 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 PIV will not be calculated or publicly
disseminated; (d) how information regarding the PIV is disseminated;
(e) the requirement that Equity Trading Permit Holders deliver a
prospectus to investors purchasing newly issued Shares prior to or
concurrently with the confirmation of a transaction; and (f) trading
and other information.
    (5) For initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3 under the Act,\24\ as provided by NYSE Arca
Equities Rule 5.3.
---------------------------------------------------------------------------

    \24\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (6) The Fund will not: (a) Purchase illiquid securities, including
Rule 144A securities and loan participation interests; (b) invest in
non-U.S. issues (except for Underlying ETFs that may hold non-U.S.
issues); (c) invest in leveraged, inverse, or inverse leveraged
Underlying ETFs; and (d) pursuant to the terms of the Exemptive Order,
invest in options contracts, futures contracts, or swap agreements.
    (7) A minimum of 100,000 Shares of the Fund will be outstanding at
the commencement of trading on the Exchange.
    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 Section 6(b)(5) of the Act \25\ and the
rules and regulations thereunder applicable to a national securities
exchange.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\26\ that the proposed rule change (SR-NYSEArca-2011-80) be, and it
hereby is, approved.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\27\
---------------------------------------------------------------------------

    \27\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-322 Filed 1-10-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: October 14, 2009 (Volume 74, Number 197)]
[Notices]
[Page 52799-52800]
[DOCID:fr14oc09-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings

October 5, 2009.
    Take notice that the Commission has received the following Natural
Gas Pipeline Rate and Refund Report filings:

    Docket Numbers: RP10-17-000.
    Applicants: Millennium Pipeline Company, L.L.C.
    Description: Millennium Pipeline Company, LLC submits Second
Revised Sheet 1 et al. of its FERC Gas Tariff, Original Volume 1, to be
effective 11/1/09.
    Filed Date: 10/01/2009.
    Accession Number: 20091002-0145.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 13, 2009.

    Docket Numbers: RP10-18-000.
    Applicants: Hardy Storage Company, LLC.
    Description: Hardy Storage Company, LLC submits Fourth Revised
Sheet 10 in its FERC Gas Tariff, Original Volume 1, to be effective 11/
1/09.
    Filed Date: 10/02/2009.
    Accession Number: 20091002-0143.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 14, 2009.

    Docket Numbers: RP10-19-000.
    Applicants: Columbia Gas Transmission, LLC.
    Description: Columbia Gas Transmission, LLC submits Eighth Revised
Sheet 28 et al. to its FERC Gas Tariff, Third Revised Volume 1, to be
effective 11/1/09.
    Filed Date: 10/01/2009.
    Accession Number: 20091002-0142.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 13, 2009.

    Docket Numbers: RP10-20-000.
    Applicants: Maritimes & Northeast Pipeline, L.L.C.
    Description: Maritimes & Northeast Pipeline LLC submits First
Revised Twelfth Sheet 11 to FERC Gas Tariff, First Revised Volume 1, to
be effective 11/1/09.
    Filed Date: 10/01/2009.
    Accession Number: 20091002-0144.

    Comment Date: 5 p.m. Eastern Time on Tuesday, October 13, 2009.

    Docket Numbers: RP10-21-000.
    Applicants: Florida Gas Transmission Company, LLC.
    Description: Florida Gas Transmission Company, LLC submits revised
tariff sheets to its FERC Gas Tariff, Fourth Revised Volume No. 1, to
be effective 11/1/09.
    Filed Date: 10/01/2009.
    Accession Number: 20091002-0161.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 13, 2009.

    Docket Numbers: RP10-22-000.
    Applicants: El Paso Natural Gas Company.
    Description: El Paso Natural Gas Company submits Eleventh Revised
Sheet No. 210 to FERC Gas Tariff, Second Revised Volume No. 1A, to be
effective 11/1/09.
    Filed Date: 10/01/2009.
    Accession Number: 20091002-0177.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 13, 2009.

    Docket Numbers: RP10-23-000.
    Applicants: Dominion Transmission, Inc.
    Description: Dominion Transmission, Inc. submits Third Revised
Sheet No. 1301 for FERC Gas Tariff, Third Revised Volume No. 1, to be
effective 11/1/09.
    Filed Date: 10/02/2009.
    Accession Number: 20091002-0175.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 14, 2009.

    Docket Numbers: RP10-24-000.
    Applicants: Transwestern Pipeline Company, LLC.
    Description: Transwestern Pipeline Company, LLC submits Second
Revised Sheet 38 et al. of its FERC Gas Tariff, Third Revised Volume 1,
to be effective 11/2/09.
    Filed Date: 10/02/2009.
    Accession Number: 20091002-0174.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 14, 2009.

    Docket Numbers: RP10-25-000.
    Applicants: Dominion Transmission, Inc.
    Description: Dominion Transmission, Inc. submits Tenth Revised
Sheet No. 36 et al. to FERC Gas Tariff, Third Revised Volume No. 1, to
be effective 11/1/09.
    Filed Date: 10/02/2009.
    Accession Number: 20091002-0173.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 14, 2009.

    Docket Numbers: RP10-26-000.
    Applicants: Dominion Transmission, Inc.
    Description: Dominion Transmission, Inc. submits Sixth Revised
Sheet No. 12 et al. to FERC Gas Tariff, Second Revised Volume No. 1A,
to be effective 11/1/09.
    Filed Date: 10/02/2009.
    Accession Number: 20091002-0176.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 14, 2009.

    Docket Numbers: RP10-27-000.
    Applicants: Transcontinental Gas Pipe Line Company.
    Description: Transcontinental Gas Pipe Line Company, LLC submits
Fifth Revised Sheet 21 et al. to its FERC Gas Tariff, Fourth Revised
Volume No. 1, to be effective 10/1/09.
    Filed Date: 10/02/2009.
    Accession Number: 20091002-0210.
    Comment Date: 5 p.m. Eastern Time on Wednesday, October 14, 2009.

    Docket Numbers: CP09-470-000.
    Applicants: Corning Natural Gas Corporation.
    Description: Corning Natural Gas Corporation submits application
for a blanket certificate of public convenience and necessity.
    Filed Date: 09/25/2009.
    Accession Number: 20090930-0068.
    Comment Date: 5 p.m. Eastern Time on Tuesday, October 13, 2009.
    Any person desiring to intervene or to protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Rules of Practice and Procedure (18 CFR 385.211 and
385.214) on or before 5 p.m. Eastern time on the specified comment
date. It is not necessary to separately intervene again in a subdocket
related to a compliance filing if you have previously intervened in the
same docket. Protests will be considered by the Commission in
determining the appropriate action to be taken, but will not serve to
make protestants parties to the proceeding. Anyone filing a motion to
intervene or protest must serve a copy of that document on the
Applicant. In reference to filings initiating a new proceeding,
interventions or protests submitted on or before the comment deadline
need not be served on persons other than the Applicant.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://
www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First St. NE., Washington, DC 20426.
    The filings in the above proceedings are accessible in the
Commission's eLibrary system by clicking on the appropriate link in the
above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive e-mail notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please e-mail<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. E9-24583 Filed 10-13-09; 8:45 am]

BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 159 (Wednesday, August 17, 2016)]
[Notices]
[Pages 54813-54814]
[FR Doc No: 2016-19589]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2016-N-0567]

Pediatric Advisory Committee; Notice of Meeting; Establishment of
a Public Docket; Request for Comments

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice, establishment of a public docket; request for comments.

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

SUMMARY: The Food and Drug Administration (FDA) announces a forthcoming
public advisory committee of the Pediatric Advisory Committee. The
general function of the committee is to provide advice and
recommendations to the Agency on FDA's regulatory issues. The meeting
will be open to the public. FDA is establishing a docket for public
comment on this document.

DATES: The meeting will be held on September 14, 2016, from 8 a.m. to
5:30 p.m.

ADDRESSES: DoubleTree by Hilton Hotel Bethesda-Washington DC, 8120
Wisconsin Ave., Bethesda, MD 20814,<PHONE_NUMBER>. Answers to commonly
asked questions including information regarding special accommodations
due to a disability, visitor parking, and transportation may be
accessed at www.doubletreebethesda.com/. You may submit your comments
as follows:

Electronic Submissions

    Submit electronic comments in the following way:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments. Comments submitted
electronically, including attachments, to http://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
many not wish to be posted, such as medical information, you 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 http://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 either the
Docket No. FDA-2016-N-0567 for the ``Pediatric Advisory Committee;
Notice of Meeting; Establishment of a Public Docket; Request for
Comments''; or the Docket No. FDA-2016-N-2470 for the ``Pediatric-
focused Safety Reviews'', which will be posted on the Internet, but not
presented at the Pediatric Advisory Committee meeting. Received
comments will be placed in the docket and, except for those submitted
as ``Confidential Submissions,'' publicly viewable at http://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 thatyou 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 http://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: http://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 http://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: Marieann Brill, Office of the
Commissioner, Food and Drug Administration, 10903 New Hampshire Ave.,
Bldg. 32, Rm. 5154, Silver Spring, MD 20993,<PHONE_NUMBER>,

<EMAIL_ADDRESS>or FDA Advisory Committee Information Line,
1-800-741-8138<PHONE_NUMBER> in the Washington, DC area). A notice in
the Federal Register about last minute modifications that impact a
previously announced advisory committee meeting cannot always be
published quickly enough to provide timely notice. Therefore, you
should always check the Agency's Web site at http://www.fda.gov/AdvisoryCommittees/default.htm and scroll down to the appropriate
advisory committee meeting link, or call the advisory committee
information line to learn about possible modifications before coming to
the meeting. For press inquiries, please contact the Office of Media
Affairs at<EMAIL_ADDRESS>or<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: Agenda: On September 14, 2016, the Pediatric
Advisory Committee (PAC) will meet to discuss pediatric-focused safety
reviews, as mandated by the Best Pharmaceuticals for Children Act (Pub.
L. 107-109) and the Pediatric Research Equity Act (Pub. L. 108-155).
Comments about the up-coming September advisory committee meeting
should be submitted to Docket No. FDA-2016-N-0567.
    The PAC will meet to discuss the following products (listed by FDA
Center):

1. Center for Biologics Evaluation and Research
    a. MENVEO (Meningococcal (groups A, C, Y and W-135) Oligosaccharide
Diphtheria CRM197 Conjugate Vaccine)
    b. IXIARO (Japanese encephalitis vaccine)
2. Center for Drug Evaluation and Research
    a. ASACOL & ASACOL HD (mesalamine)
    b. BLOXIVERZ (neostigmine methylsulfate)
    c. DELZICOL (mesalamine)
    d. DORYX (doxycycline hyclate)
    e. KARBINAL ER (carbinoxamine maleate)
    f. KEPIVANCE (palifermin)
    g. SUSTIVA (efavirenz)
    h. TOPAMAX (topiramate)
    i. XOLAIR (omalizumab)
3. Center for Devices and Radiological Health
    a. ELANA SURGICAL KIT (HUD)
    b. BERLIN HEART EXCOR[supreg] Pediatric Ventricular Assist Device
(VAD)
    c. ENTERRATM THERAPY SYSTEM
    d. CONTEGRA PULMONARY VALVED CONDUIT
    e. PLEXIMMUNE

    FDA will also provide an update of their additional ongoing
analysis of a possible safety signal regarding the use of the drug
product Exjade (deferasirox) in children with fever and dehydration
that was discussed at the September 2015 PAC meeting.
    For the products to be discussed at the PAC meeting, FDA intends to
make background material available to the public no later than 2
business days before the meeting. If FDA is unable to post the
background material on its Web site prior to the meeting, the
background material will be made publicly available at the location of
the advisory committee meeting, and the background material will be
posted on FDA's Web site after the meeting. Background material will be
available at http://www.fda.gov/AdvisoryCommittees/Calendar/default.htm. Scroll down to the appropriate advisory committee meeting
link.
    Procedure: Interested persons may present data, information, or
views, orally or in writing, on issues pending before the committee.
Written submissions may be made to the contact person on or before
September 7, 2016. Oral presentations from the public will be scheduled
between approximately 8:30 a.m. to 9:30 a.m. Those individuals
interested in making formal oral presentations should notify the
contact person and submit a brief statement of the general nature of
the evidence or arguments they wish to present, the names and addresses
of proposed participants, and an indication of the approximate time
requested to make their presentation on or before August 30, 2016. Time
allotted for each presentation may be limited. If the number of
registrants requesting to speak is greater than can be reasonably
accommodated during the scheduled open public hearing session, FDA may
conduct a lottery to determine the speakers for the scheduled open
public hearing session. The contact person will notify interested
persons regarding their request to speak by August 31, 2016.
    Persons attending FDA's advisory committee meetings are advised
that the Agency is not responsible for providing access to electrical
outlets.
    FDA is establishing a docket for public comment for the PAC
meeting. The docket number is FDA-2016-N-0567. The docket will close on
August 31, 2016. Comments received on or before August 31, 2016, will
be provided to the committee. Comments received after the date will be
taken into consideration by the Agency.
    FDA welcomes the attendance of the public at its advisory committee
meetings and will make every effort to accommodate persons with
disabilities. If you require accommodations due to a disability, please
contact Marieann Brill at least 7 days in advance of the meeting.
    FDA is committed to the orderly conduct of its advisory committee
meetings. Please visit our Web site at http://www.fda.gov/AdvisoryCommittees/AboutAdvisoryCommittees/ucm111462.htm for procedures
on public conduct during advisory committee meetings.
    Notice of this meeting is given under the Federal Advisory
Committee Act (5 U.S.C. app. 2).
    Additional Pediatric-focused Safety Reviews: FDA will make
available additional pediatric safety review reports for selected
products at http://www.fda.gov/AdvisoryCommittees/CommitteesMeetingMaterials/PediatricAdvisoryCommittee/ucm510701.htm.
FDA is establishing a second public docket to receive input on
additional pediatric-focused safety reviews that will be posted on the
Internet. The docket number is FDA-2016-N-2470; the docket will open on
September 12, 2016, and remain open until September 23, 2016. These
safety review reports are for the following products:

1. BARACLUDE (entecavir)
2. ISENTRESS (raltegravir potassium)
3. LYSTEDA (tranexamic acid)
4. SALONPAS Pain Relief Patch (methyl salicylate 10% and l-menthol 3%).

    Dated: August 11, 2016.
Janice M. Soreth,
Acting Associate Commissioner, Special Medical Programs.
[FR Doc. 2016-19589 Filed 8-16-16; 8:45 am]
 BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Notices]
[Pages 51661-51662]
[FR Doc No: 2017-24132]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-81996; File No. SR-NYSEAMER-2017-27]

Self-Regulatory Organizations; NYSE American LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Amend
Annual Listing Fees for Common Stocks and Warrants

November 1, 2017.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on October 25, 2017, NYSE American LLC (``NYSE American'' or the
``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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend annual listing fees for common
stocks and warrants. The proposed change is available on the Exchange's
Web site at www.nyse.com, at the principal office of the Exchange, and
at the Commission's Public Reference Room.

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

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

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

1. Purpose
    The Exchange proposes to amend Section 141 of the NYSE American
Company Guide to amend certain of its listing fee provisions. The
amended fees will take effect in the 2018 calendar year. The following
are the proposed fee increases:
     The annual fee for a common stock with 50 million shares
or less outstanding would increase from $35,000 to $40,000.
     The annual fee for a common stock with more than 50
million and up to 75 million shares outstanding would increase from
$45,000 to $50,000.
     The annual fee for a common stock with more than 75
million shares outstanding would increase from $50,000 to $60,000.
     The flat annual fee applicable to warrants would increase
from $5,000 to $10,000.
    As described below, the Exchange proposes to make the
aforementioned fee increases to better reflect the Exchange's costs
related to listing equity securities and the corresponding value of
such listing to issuers.
    The Exchange also proposes to remove a number of references in
Section 141 to fees that are no longer applicable as they were
superseded by new fee rates specified in the rule text.
    2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Act,\3\ in general, and furthers the
objectives of Section 6(b)(4) \4\ of the Act, in particular, in that it
is designed to provide for the equitable allocation of reasonable dues,
fees, and other charges. The Exchange also believes that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\5\ in that
it is designed 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 transactions in securities, 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 and is not
designed to permit unfair discrimination between customers, issuers,
brokers, or dealers.
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    \3\ 15 U.S.C. 78f(b).
    \4\ 15 U.S.C. 78f(b)(4).
    \5\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that it is reasonable to increase the annual
listing fees for common stocks and warrants because these fees have not
been increased since 2015. In that regard, the Exchange notes that,
since the fees were last amended, the Exchange has improved and
increased the services it provides to listed companies. These
improvements include the continued development and enhancement of an
interactive web-based platform designed to improve communication
between the Exchange and listed companies, the availability to listed
companies of the Exchange's new state-of-the-art conference facilities
at 11 Wall Street, and continued development and content in an investor
relations tool available to all listed companies which provides
companies with information enabling them to better understand the
trading and ownership of their securities.

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 proposed rule change is
designed to ensure that the fees charged by the Exchange accurately
reflect the services provided and benefits realized by listed
companies. The market for listing services is extremely competitive.
Each listing exchange has a different fee schedule that applies to
issuers seeking to list securities on its exchange. Issuers have the
option to list their securities on these alternative venues based on
the fees charged and the value provided by each listing. Because
issuers have a choice to list their securities on a different national
securities exchange, the Exchange does not believe that the proposed
fee changes impose a burden on competition.

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

    The foregoing rule change is effective upon filing pursuant to
Section 19(b)(3)(A) \6\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \7\ thereunder, because it establishes a due, fee, or other charge
imposed by the Exchange.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings under
Section 19(b)(2)(B) \8\ of the Act to determine whether the proposed
rule change should be approved or disapproved.
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    \8\ 15 U.S.C. 78s(b)(2)(B).
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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-NYSEAMER-2017-27 on the subject line.

Paper Comments

     Send paper comments in triplicate to Brent J. Fields,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-NYSEAMER-2017-27. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change. 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-NYSEAMER-2017-27, and should
be submitted on or before November 28, 2017.
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    \9\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2017-24132 Filed 11-6-17; 8:45 am]
 BILLING CODE 8011-01-P