[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Notices]
[Pages 64456-64458]
[FR Doc No: 2015-26912]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-76188; File No. SR-FINRA-2015-042]

Self-Regulatory Organizations; Financial Industry Regulatory
Authority, Inc.; Notice of Filing and Immediate Effectiveness of a
Proposed Rule Change Relating to the New Securities Trader
Qualification Examination (Series 57)

October 19, 2015.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``SEA'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby
given that on October 13, 2015, Financial Industry Regulatory
Authority, Inc. (``FINRA'') filed with the Securities and Exchange
Commission (``SEC'' or ``Commission'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by FINRA. FINRA has designated the proposed rule change as constituting
a ``non-controversial'' rule change under paragraph (f)(6) of Rule 19b-
4 under the Act,\3\ which renders the proposal effective upon receipt
of this filing by the Commission. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 17 CFR 240.19b-4(f)(6).
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    FINRA is filing the content outline and selection specifications
for the new Securities Trader qualification examination (Series 57).\4\
FINRA is not proposing any textual changes to the By-Laws, Schedules to
the By-Laws or Rules of FINRA.
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    \4\ FINRA also is establishing the Series 57 question bank.
FINRA is submitting this filing for immediate effectiveness pursuant
to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder,
and is not filing the question bank. See Letter to Alden S. Adkins,
Senior Vice President and General Counsel, NASD Regulation, from
Belinda Blaine, Associate Director, Division of Market Regulation,
SEC, dated July 24, 2000. The question bank is available for SEC
review.
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    The Series 57 content outline is attached.\5\ The Series 57
selection specifications have been submitted to the Commission under
separate cover with a request for confidential treatment pursuant to
SEA Rule 24b-2.\6\
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    \5\ The Commission notes that the content outline is attached to
the filing, not to this Notice.
    \6\ 17 CFR 240.24b-2.
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    The text of the proposed rule change is available on FINRA's Web
site at http://www.finra.org, at the principal office of FINRA 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, FINRA included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FINRA has prepared summaries, set forth in sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    Section 15A(g)(3) of the Act \7\ authorizes FINRA to prescribe
standards of training, experience, and competence for persons
associated with FINRA members. In accordance with that provision, FINRA
has developed examinations that are designed to establish that persons
associated with FINRA members have attained specified levels of
competence and knowledge, consistent with applicable registration
requirements under FINRA rules.
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    \7\ 15 U.S.C. 78o-3(g)(3).
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    The Commission recently approved a proposed rule change to amend
NASD Rule 1032(f) (Limited Representative--Equity Trader) to replace
the Equity Trader registration category and qualification examination
(Series 55) with the Securities Trader registration category and
qualification examination (Series 57).\8\ The rule provides that each
associated person of a member who is included within the definition of
``representative'' in NASD Rule 1031 (Registration Requirements) is
required to register with FINRA as a Securities

Trader if, with respect to transactions in equity (including equity
options), preferred or convertible debt securities effected otherwise
than on a securities exchange, such person is engaged in proprietary
trading, the execution of transactions on an agency basis or the direct
supervision of such activities.\9\ In addition, NASD Rule 1032(f)
provides that in order to register as a Securities Trader, an applicant
must pass the Series 57 examination. The Series 57 examination will
qualify an associated person to function as a Securities Trader. There
is no prerequisite registration requirement for Securities Trader
registration. An associated person registered as a Securities Trader
will not be qualified to function in any other registered capacity,
unless he or she is qualified and registered in that other registration
category.\10\ For instance, a person registered as a Securities Trader
will not be able to engage in any retail or institutional sales
activities, unless he or she is qualified and registered in the
appropriate registration category, such as a General Securities
Representative.
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    \8\ See Securities Exchange Act Release No. 75783 (August 28,
2015), 80 FR 53369 (September 3, 2015) (Order Approving File No. SR-
FINRA-2015-017) (``Approval Order'').
    \9\ There is an exception from the Securities Trader
registration requirement for any associated person of a member whose
trading activities are conducted principally on behalf of an
investment company that is registered with the SEC pursuant to the
Investment Company Act of 1940 and that controls, is controlled by,
or is under common control with the member.
    \10\ See NASD Rule 1032(f).
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    In addition, the Commission approved amendments to NASD Rule
1022(a) (General Securities Principal) to establish a Securities Trader
Principal registration category and require each associated person of a
member who is included within the definition of ``principal'' in NASD
Rule 1021 (Registration Requirements) with supervisory responsibility
over the securities trading activities described in NASD Rule 1032(f),
to qualify and register as a Securities Trader Principal.\11\ To
qualify for registration as a Securities Trader Principal, an
associated person must be registered as a Securities Trader and pass
the General Securities Principal qualification examination (Series 24).
An associated person registered as a Securities Trader Principal will
not be eligible to register as a General Securities Principal unless
the person passes the appropriate prerequisite examination for General
Securities Principal registration, such as the Series 7 examination. In
this regard, NASD Rule 1022(a) provides that a person qualified and
registered as a Securities Trader Principal may only have supervisory
responsibility over the activities specified in NASD Rule 1032(f),
unless the person is separately qualified and registered in another
appropriate principal registration category, such as the General
Securities Principal registration category.
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    \11\ See Approval Order, supra note 8.
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    FINRA is expecting the national securities exchanges to file
similar proposed rule changes to replace the Proprietary Trader
qualification examination (Series 56) with the Series 57 examination in
their respective registration rules relating to securities trading
activities. Further, the Series 57 examination will replace the Series
56 examination for those exchange registration categories, such as the
Proprietary Trader Principal registration category, where the Series 56
examination is currently an acceptable prerequisite.
    FINRA developed the Series 57 examination in consultation with a
committee of industry representatives and representatives of several
exchanges. The examination is based on the current job functions of a
Securities Trader and includes elements of the Series 55 and 56
examinations. The Series 57 content outline covers the laws, rules and
regulations relevant to securities trading as well as the functions and
associated tasks performed by a Securities Trader.
Series 57 Content Outline
    The Series 57 content outline is divided into four major job
functions that are performed by a Securities Trader. The following are
the four major job functions, denoted Function 1 through 4, with the
associated number of questions:
    Function 1: Market Overview and Products, 22 questions;
    Function 2: Engaging in Professional Conduct and Adhering to
Regulatory Requirements, 12 questions;
    Function 3: Trading Activities, 79 questions; and
    Function 4: Maintaining Books and Records and Trade Reporting, 12
questions.
    The number of questions assigned to each major job function
reflects the key tasks performed by a Securities Trader.
    Each function also includes specific tasks describing activities
associated with performing that function. There are three tasks (1.1-
1.3) associated with Function 1; two tasks (2.1-2.2) associated with
Function 2; three tasks (3.1-3.3) associated with Function 3; and two
tasks (4.1-4.2) associated with Function 4.\12\ By way of example, one
such task, Task 4.2, relates to creating, retaining, and reporting
required records of orders and transactions.\13\ Further, the content
outline lists the knowledge required to perform each function and
associated tasks (e.g., in connection with Task 4.2, large trader ID
and related reporting and monitoring requirements and order execution/
routing information).\14\ In addition, where applicable, the content
outline lists the laws, rules and regulations a candidate is expected
to know to perform each function and associated tasks.\15\ These
include applicable federal securities laws, as well as FINRA and other
self-regulatory organization rules and regulations. FINRA conducted a
job analysis study of Securities Traders, which included the use of a
survey, in developing each function and associated tasks and the
required knowledge set forth in the content outline. The functions and
associated tasks reflect the day-to-day activities of a Securities
Trader. The Series 57 selection specifications and question bank cover
the topics in the content outline.
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    \12\ See Exhibit 3a, Outline Pages 6-13. The Commission notes
that all references to Exhibit 3a refer to Exhibit 3a to the
proposed rule change.
    \13\ See Exhibit 3a, Outline Page 13.
    \14\ See Exhibit 3a, Outline Page 13.
    \15\ See Exhibit 3a, Outline Pages 14-36.
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    The content outline also includes sample questions \16\ and
reference materials.\17\ In the preface, the content outline includes,
among other things: (1) A table of contents; (2) details regarding the
purpose of the examination; (3) eligibility requirements; (4) the
application procedures; (5) information regarding the structure of the
examination; (6) details regarding the development and maintenance of
the content outline and examination; (7) information regarding the
administration of the examination; (8) an explanation that the passing
score is determined by FINRA based on a number of factors including
industry trends, historical exam performance and evaluations of the
content difficulty by a committee of industry professionals, using a
standard setting procedure, and that a statistical adjustment process
known as equating is used in scoring examinations; and (9) an
explanation that each candidate will receive a score report at the end
of the test session, which will indicate a pass or fail status and
include a score profile listing the candidate's performance on each
major content area covered on the examination.\18\
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    \16\ See Exhibit 3a, Outline Page 37.
    \17\ See Exhibit 3a, Outline Page 38.
    \18\ See Exhibit 3a, Outline Pages 2-5.
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    The number of questions on the Series 57 examination will be 125
scored

multiple-choice questions,\19\ and candidates will have three hours and
45 minutes to complete the examination. The passing score will be 70
percent.
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    \19\ Consistent with FINRA's practice of including ``pretest''
items on qualification examinations, which is designed to ensure
that new examination items meet acceptable testing standards prior
to use for scoring purposes, the examination includes 10 additional,
unidentified pretest items that do not contribute towards the
candidate's score. Therefore, the examination actually consists of
135 items, 125 of which are scored. The 10 pretest items are
randomly distributed throughout the examination.
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Availability of Content Outline
    The Series 57 content outline is available on FINRA's Web site, at
http://www.finra.org/industry/qualification-exams.
    FINRA is filing the proposed rule change for immediate
effectiveness. FINRA proposes to implement the Series 57 examination on
January 4, 2016. FINRA will announce the proposed rule change and the
implementation date in a Regulatory Notice.
2. Statutory Basis
    FINRA believes that the proposed rule change is consistent with the
provisions of Section 15A(b)(6) of the Act,\20\ which requires, among
other things, that FINRA rules must be designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, and, in general, to protect investors and the
public interest, and Section 15A(g)(3) of the Act,\21\ which authorizes
FINRA to prescribe standards of training, experience, and competence
for persons associated with FINRA members. FINRA believes that the
proposed rule change furthers these purposes by establishing the
qualification examination that individuals, including associated
persons of FINRA members, must pass to register and function as
Securities Traders and Securities Trader Principals. The examination is
intended to safeguard the investing public by helping to ensure that
individuals registering as Securities Traders, as well as those
responsible for the supervision of securities trading activities, are
competent to perform their job functions.
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    \20\ 15 U.S.C. 78o-3(b)(6).
    \21\ 15 U.S.C. 78o-3(g)(3).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    FINRA does not believe that the proposed rule change will result in
any burden on competition that is not necessary or appropriate in
furtherance of the purposes of the Act. The new examination aligns with
the functions and associated tasks currently performed by associated
persons engaged in securities trading and tests knowledge of the laws,
rules, regulations and skills relevant to those functions and
associated tasks.

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

    Written comments were neither solicited nor received.

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

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A) of the Act \22\ and Rule 19b-
4(f)(6) thereunder.\23\
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    \22\ 15 U.S.C. 78s(b)(3)(A).
    \23\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule should be approved or disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-FINRA-2015-042 on the subject line.

Paper Comments

     Send paper comments in triplicate to Robert W. Errett,
Deputy Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.

All submissions should refer to File Number SR-FINRA-2015-042. 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
a.m. and 3 p.m. Copies of such filing also will be available for
inspection and copying at the principal office of FINRA. 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-FINRA-2015-042 and should be
submitted on or before November 13, 2015.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
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    \24\ 17 CFR 200.30-3(a)(12).
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Robert W. Errett,
Deputy Secretary.
[FR Doc. 2015-26912 Filed 10-22-15; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: August 6, 2009 (Volume 74, Number 150)]
[Notices]
[Page 39350-39352]
[DOCID:fr06au09-95]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. IC-28840]

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

July 31, 2009.
    The following is a notice of applications for deregistration under
section 8(f) of the Investment Company Act of 1940 for the month of
July, 2009. A copy of each application may be obtained via the
Commission's Web site by searching for the file number, or 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 writing to the SEC's Secretary at the
address below and serving the relevant applicant with a copy of the
request, personally or by mail. Hearing requests should be received by
the SEC by 5:30 p.m. on August 25, 2009, and should be accompanied by
proof of service on the applicant, in the form of an affidavit or, for
lawyers, a certificate of service. Hearing requests should state the
nature of the writer's interest, 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 Secretary, U.S. Securities and
Exchange Commission, 100 F Street, NE., Washington, DC 20549-1090.
    For Further Information Contact: Diane L. Titus at<PHONE_NUMBER>,
SEC, Division of Investment Management, Office of Investment Company
Regulation, 100 F Street, NE., Washington, DC 20549-4041.

Waddell & Reed Advisors Municipal Bond Fund, Inc. [File No. 811-2657];
Waddell & Reed Advisors High Income Fund, Inc. [File No. 811-2907];
Waddell & Reed Advisors Cash Management, Inc. [File No. 811-2922];
Waddell & Reed Advisors Fixed Income Funds, Inc. [File No. 811-3458];
Waddell & Reed Advisors Municipal High Income Fund, Inc. [File No. 811-
4427]; Waddell & Reed Advisors Global Bond Fund, Inc. [File No. 811-
4520]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On January 30, 2009, each applicant
transferred its assets to Waddell & Reed Advisors Funds, based on net
asset value. Expenses of approximately $32,052, $66,879, $109,131,
$29,201, $31,474 and $46,466, respectively, incurred in connection with
the reorganizations were paid by each applicant.
    Filing Dates: The applications were filed on May 28, 2009 and
amended on July 24, 2009.
    Applicants' Address: 6300 Lamar Ave., Shawnee Mission, KS 66202-
4200.

Putnam High Yield Municipal Trust [File No. 811-5795]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On February
19, 2008, common shares of applicant were exchanged for common shares
of Putnam Managed Municipal Income Trust (the ``Surviving Fund''),
based on the relative net asset values of each fund. Applicant's
preferred shares were exchanged for the preferred shares of the
Surviving Fund based on the aggregate liquidation preference of each
fund. Expenses of approximately $169,159 incurred in connection with
the reorganization were paid by applicant.
    Filing Dates: The application was filed on May 28, 2009 and amended
July 20, 2009.
    Applicant's Address: One Post Office Sq., Boston, MA 02109.

First Investors Single Payment and Periodic Payment Plans for the
Accumulation of Shares of First Investors Global Fund, Inc. [File No.
811-575]; First Investors Single Payment and Periodic Payment Plans II
for Investment in First Investors Global Fund, Inc. [File No. 811-
1359]; First Investors Single Payment and Periodic Payment Plans for
Investment in First Investors Fund for Income, Inc. [File No. 811-
1472]; First Investors Single Payment and Periodic Payment Plans I for
Investment in First Investors Global Fund, Inc. [File No. 811-1984];
First Investors Periodic Payment Plans for Investment in First
Investors High; Yield Fund, Inc. [File No. 811-2564]; First Investors
Single Payment and Periodic Payment Plans for Investment in First
Investors Insured Tax Exempt Fund, Inc. [File No. 811-2691]; First
Investors Single Payment and Periodic Payment Plans for Investment in
First Investors Government Fund, Inc. [File No. 811-4609]

    Summary: Each applicant, a unit investment trust, seeks an order
declaring that it has ceased to be an investment company. On or about
February 23, 2009, each applicant made a liquidating distribution to
its unitholders, based on net asset value. Expenses of $2,755, $1,174,
$3,634, $252, $797, $1,551 and $1,450, respectively, incurred in
connection with the liquidations were paid by applicants' sponsor,
First Investors Corporation.
    Filing Dates: The applications were filed on May 22, 2009 and
amended on July 16, 2009.
    Applicants' Address: 110 Wall St., New York, NY 10005.

RMR Real Estate Fund [File No. 811-21241]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On June 17,
2009, applicant transferred its assets to RMR Real Estate Income Fund,
based on net asset value. Each holder of applicant's preferred shares
received preferred shares of RMR Real Estate Income Fund having an
aggregate liquidation preference equal to the aggregate liquidation
preference attributable to applicant's preferred shares. Expenses of
$1,064,947 incurred in connection with the reorganization were paid by
applicant.
    Filing Date: The application was filed on June 18, 2009.
    Applicant's Address: 400 Centre St., Newton, MA 02458.

Church Capital Investment Trust [File No. 811-21753]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On March 25, 2009, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $24,328 incurred in connection with the liquidation were
paid by Church Capital Management, LLC, applicant's investment adviser.
    Filing Date: The application was filed on July 7, 2009.
    Applicant's Address: The PNC Financial Services Group, Two PNC
Plaza, 620 Liberty Ave., Pittsburgh, PA 15222.

Seligman Select Municipal Fund, Inc. [File No. 811-5976]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On March 12,
2009, applicant redeemed all of its outstanding shares of preferred
stock. On March 27, 2009, applicant transferred its assets to National
Municipal Class, a series of Seligman Municipal Fund Series, Inc.,
based on net asset value. Expenses of $219,836 incurred in connection
with the reorganization were paid by

RiverSource Investments, LLC, applicant's investment adviser.
    Filing Date: The application was filed on June 10, 2009.
    Applicant's Address: 901 Marquette Ave. South, Suite 2810,
Minneapolis, MN 55402-3268.

Morgan Stanley Nasdaq-100 Index Fund [File No. 811-10343]; Morgan
Stanley Allocator Fund [File No. 811-21248]; Morgan Stanley
Institutional Strategies Fund [File No. 811-21899]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On June 27, 2008, each applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of approximately $6,636, $4,936 and $2,690, respectively,
incurred in connection with the liquidations were paid by Morgan
Stanley Investment Advisors Inc., applicants' investment adviser.
    Filing Date: The applications were filed on July 6, 2009.
    Applicants' Address: c/o Morgan Stanley Investment Advisors Inc.,
522 Fifth Ave., New York, NY 10036.

Fiduciary/Claymore Dynamic Equity Fund [File No. 811-21687]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On May 29,
2009, applicant made a liquidating distribution to its shareholders,
based on net asset value. Expenses of $404,609 incurred in connection
with the liquidation were paid by applicant.
    Filing Date: The application was filed on June 29, 2009.
    Applicant's Address: 2455 Corporate West Dr., Lisle, IL 60532.

Putnam Tax Smart Funds Trust [File No. 811-9289]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On December 29, 2008, applicant transferred
its assets to Putnam Investors Fund, based on net asset value. Expenses
of approximately $66,055 incurred in connection with the reorganization
were paid by applicant.
    Filing Date: The application was filed on June 29, 2009.
    Applicant's Address: One Post Office Sq., Boston, MA 02109.

Putnam Municipal Bond Fund [File No. 811-7270]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On February
22, 2008, applicant's preferred shares were exchanged for preferred
shares of Putnam Municipal Opportunities Trust based on the aggregate
liquidation preference of each fund. On February 25, 2008, applicant
transferred its assets to Putnam Municipal Opportunities Trust, based
on net asset value. Expenses of approximately $261,103 incurred in
connection with the reorganization were paid by applicant.
    Filing Date: The application was filed on June 29, 2009.
    Applicant's Address: One Post Office Sq., Boston, MA 02109.

Morgan Stanley American Franchise Fund [File No. 811-21699]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. Applicant has never made a public offering of
its securities and does not propose to make a public offering or engage
in business of any kind.
    Filing Date: The application was filed on June 17, 2009.
    Applicant's Address: c/o Morgan Stanley Investment Advisors Inc.,
522 Fifth Ave., New York, NY 10036.

RMR Hospitality and Real Estate Fund [File No. 811-21502]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On June 19,
2009, applicant transferred its assets to RMR Real Estate Income Fund,
based on net asset value. Each holder of applicant's preferred shares
received preferred shares of RMR Real Estate Income Fund having an
aggregate liquidation preference equal to the aggregate liquidation
preference attributable to applicant's preferred shares. Expenses of
$334,479 incurred in connection with the reorganization were paid by
applicant.
    Filing Date: The application was filed on June 22, 2009.
    Applicant's Address: 400 Centre St., Newton, MA 02458.

Claymore/Raymond James SB-1 Equity Fund [File No. 811-21863]

    Summary: Applicant, a closed-end investment company, seeks an order
declaring that it has ceased to be an investment company. On September
3, 2008, applicant transferred its assets to Claymore/Raymond James SB-
1 Equity ETF, a series of Claymore Exchange-Traded Fund Trust, based on
net asset value. Expenses of $390,462 incurred in connection with the
reorganization were paid by applicant and Claymore Advisors, LLC,
applicant's investment adviser.
    Filing Dates: The application was filed on July 2, 2009 and amended
on July 10, 2009.
    Applicant's Address: 2455 Corporate West Dr., Lisle, IL 60532.

Skyhawk Funds Trust [File No. 811-21957]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On May 15, 2009, applicant made a liquidating
distribution to its shareholders, based on net asset value. Expenses of
approximately $1,300 incurred in connection with the liquidation were
paid by Skyhawk Capital Management, LLC, applicant's investment
adviser.
    Filing Date: The application was filed on July 15, 2009.
    Applicant's Address: 8000 Town Centre Dr., Suite 400, Broadview
Heights, OH 44147.

Hatteras Global Private Equity Partners, LLC [File No. 811-22237];
Hatteras Global Private Equity Partners Master Fund, LLC [File No. 811-
22256]

    Summary: Each applicant, a closed-end investment company, seeks an
order declaring that it has ceased to be an investment company.
Applicants have never made a public offering of their securities and do
not propose to make a public offering or engage in business of any
kind.
    Filing Date: The applications were filed on July 15, 2009.
    Applicants' Address: 8540 Colonnade Center Dr., Suite 401, Raleigh,
NC 27615.

Cash Management Trust of America [File No. 811-2380]; U.S. Treasury
Money Fund of America [File No. 811-6235]

    Summary: Each applicant seeks an order declaring that it has ceased
to be an investment company. On July 10, 2009, each applicant
transferred its assets to American Funds Money Market Fund, based on
net asset value. Expenses of $1,317,159 and $260,568, respectively,
incurred in connection with the reorganizations were paid by each
applicant.
    Filing Date: The applications were filed on July 13, 2009.
    Applicants' Address: 333 South Hope St., Los Angeles, CA 90071.

Morgan Stanley Multi-Asset Class Fund [File No. 811-8283]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. On July 25, 2008, applicant made a
liquidating distribution to its shareholders, based on net asset value.
Expenses of $30,445

incurred in connection with the liquidation were paid by Morgan Stanley
Investment Advisors, Inc., applicant's investment adviser.
    Filing Date: The application was filed on July 6, 2009.
    Applicant's Address: c/o Morgan Stanley Investment Advisors Inc.,
522 Fifth Ave., New York, NY 10036.

Old RMR Asia Pacific Real Estate Fund [File No. 811-21856]; RMR Asia
Real Estate Fund [File No. 811-22007]

    Summary: Each applicant, a closed-end investment company, seeks an
order declaring that it has ceased to be an investment company. On June
16, 2009, each applicant transferred its assets to RMR Asia Pacific
Real Estate Fund, based on net asset value. Expenses of $76,184 and
$196,584, respectively, incurred in connection with the reorganizations
were paid by applicants.
    Filing Dates: The applications were filed on June 17, 2009.
    Applicants' Address: 400 Centre St., Newton, MA 02458.

JNLNY Variable Fund I LLC [File No. 811-9357]

    Summary: Applicant seeks an order declaring that it has ceased to
be an investment company. At a meeting held August 21 and August 22,
2007, Applicant's Board of Managers approved the liquidation and
deregistration of Applicant after all of Applicant's assets had
previously been distributed pursuant to a merger of each series of
Applicant into a series of another fund. Applicant has no remaining
shareholders. Applicant's adviser, Jackson National Asset Management,
LLC, paid all expenses incurred in connection with the liquidation and
deregistration.
    Filing Dates: The application was filed on January 22, 2009 and
amended on June 23, 2009.
    Applicant's Address: JNLNY Variable Fund I LLC, 1 Corporate Way,
Lansing, MI 48951.

    For the Commission, by the Division of Investment Management,
pursuant to delegated authority.

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-18765 Filed 8-5-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 82, Number 105 (Friday, June 2, 2017)]
[Rules and Regulations]
[Pages 25521-25523]
[FR Doc No: 2017-11465]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2017-0372]
RIN 1625-AA08

Special Local Regulation; Motor City Mile; Detroit River;
Detroit, MI

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a special local regulation for
certain waters of the Detroit River, Detroit, MI. This action is
necessary and is intended to ensure safety of life on navigable waters
to be used for a swimming event immediately prior to, during, and
immediately after this event. This regulation requires vessels to
maintain a minimum speed for safe navigation and maneuvering.

DATES: This temporary final rule is effective from 7 a.m. until 12 p.m.
on July 6, 2017.

ADDRESSES: To view documents mentioned in this preamble as being
available in the docket, go to http://www.regulations.gov, type USCG-
2017-0372 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or email Tracy Girard, Prevention Department,
Sector Detroit, Coast Guard; telephone<PHONE_NUMBER>, or email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
COTP Captain of the Port
U.S.C. United States Code

II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary rule without prior notice
and opportunity to comment pursuant to authority under section 4(a) of
the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because doing so would be impracticable. The
Coast Guard did not receive the final details of this swimming event
until there was insufficient time remaining before the event to publish
an NPRM. Thus, delaying the effective date of this rule to wait for a
comment period to run would be impracticable because it would inhibit
the Coast Guard's ability to protect participants, mariners and vessels
from the hazards associated with this event.
    We are issuing this rule under 5 U.S.C. 553(d)(3), as the Coast
Guard finds that good cause exists for making it effective less than 30
days after publication in the Federal Register for the same reason
noted above.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C.
1233. The COTP has determined that the likely combination of recreation
vessels, commercial vessels, and an unknown number of spectators in
close proximity to a youth swimming event along the water pose extra
and unusual hazards to public safety and property. Therefore, the COTP
is establishing a Special Local Regulation around the event location to
help minimize risks to safety of life and property during this event.

IV. Discussion of the Rule

    This rule establishes a temporary special local regulation from 7
a.m. until 12 p.m. on July 6, 2017. In light of the aforementioned
hazards, the COTP has determined that a special local regulation is
necessary to protect spectators, vessels, and participants. The special
local regulation will encompass the following waterway: All waters of
the Detroit River, Belle Isle Beach between the following two lines:
The first line is drawn directly across the channel from position
42[deg]20.517' N., 082[deg]59.159' W. to 42[deg]20.705' N.,
082[deg]59.233' W. (NAD 83); the second line, to the north, is drawn
directly across the channel from position 42[deg]20.754' N.,
082[deg]58.681' W. to 42[deg] 20.997' N., 082[deg]58.846'' W. (NAD 83).
    An on-scene representative of the COTP or event sponsor
representatives may permit vessels to transit the area when no race
activity is occurring. The on-scene representative may be present on
any Coast Guard, state, or local law enforcement vessel assigned to
patrol the event. Vessel operators desiring to transit through the
regulated area must contact the Coast Guard Patrol Commander to obtain
permission to do so. The COTP or his designated on-scene representative
may be contacted via VHF Channel 16 or at<PHONE_NUMBER>.
    The COTP or his designated on-scene representative will notify the
public of the enforcement of this rule by all appropriate means,
including a Broadcast Notice to Mariners and Local Notice to Mariners.

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on these statutes and executive orders.

A. Regulatory Planning and Review

    Executive Orders 12866 (``Regulatory Planning and Review'') and
13563 (``Improving Regulation and Regulatory Review'') direct agencies
to assess the costs and benefits of available regulatory alternatives
and, if regulation is necessary, to select regulatory

approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, distributive impacts,
and equity). Executive Order 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. Executive Order 13771 (``Reducing
Regulation and Controlling Regulatory Costs''), directs agencies to
reduce regulation and control regulatory costs and provides that ``for
every one new regulation issued, at least two prior regulations be
identified for elimination, and that the cost of planned regulations be
prudently managed and controlled through a budgeting process.''
    The Office of Management and Budget (OMB) has not designated this
rule a significant regulatory action under section 3(f) of Executive
Order 12866. Accordingly, the Office of Management and Budget (OMB) has
not reviewed it. As this rule is not a significant regulatory action,
this rule is exempt from the requirements of Executive Order 13771. See
OMB's Memorandum titled ``Interim Guidance Implementing Section 2 of
the Executive Order of January 30, 2017 titled `Reducing Regulation and
Controlling Regulatory Costs' '' (February 2, 2017).
    This regulatory action determination is based on the size,
location, duration, and time-of-year of the special local regulation.
Vessel traffic will be able to safely transit around this special local
regulation zone which will impact a small designated area of 7 a.m. to
12 p.m. July 6, 2017. Moreover, the Coast Guard will issue Broadcast
Notice to Mariners via VHF-FM marine channel 16 about the special local
regulation and the rule allows vessels to seek permission to enter the
area.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as
amended, requires Federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
will not have a significant economic impact on a substantial number of
small entities.
    While some owners or operators of vessels intending to transit the
special local regulation may be small entities, for the reasons stated
in section V.A above, this rule will not have a significant economic
impact on any vessel owner or operator.
    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this rule. If the rule would affect your
small business, organization, or governmental jurisdiction and you have
questions concerning its provisions or options for compliance, please
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-REG-FAIR
(1-888-734-3247). The Coast Guard will not retaliate against small
entities that question or complain about this rule or any policy or
action of the Coast Guard.

C. Collection of Information

    This rule will not call for a new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this rule under that Order and have
determined that it is consistent with the fundamental federalism
principles and preemption requirements described in Executive Order
13132.
    Also, this rule does not have tribal implications under Executive
Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it does not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes. If
you believe this rule has implications for federalism or Indian tribes,
please contact the person listed in the FOR FURTHER INFORMATION CONTACT
section above.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that
this action is one of a category of actions that do not individually or
cumulatively have a significant effect on the human environment. This
rule involves a special local regulation lasting nine hours that will
limit entry to a designated area. It is categorically excluded under
section 2.B.2, figure 2-1, and paragraph 34(h) of the Instruction. A
Record of Environmental Consideration (REC) is available in the docket
where indicated in the ADDRESSES section of this preamble.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters.
Protesters are asked to contact the person listed in the FOR FURTHER
INFORMATION CONTACT section to coordinate protest activities so that
your message can be received without jeopardizing the safety or
security of people, places or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR part 100 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1233.

0
2. Add Sec.  165.T09-0372 to read as follows:

Sec.  165.T09-0372  Special local regulation; Motor City Mile; Detroit
River; Detroit, MI.

    (a) Location. A regulated area is established to encompass the
following waterway: All waters of the Detroit River, Belle Isle Beach
between the following two lines: The first line is drawn directly
across the channel from position 42[deg]20.517' N., 082[deg]59.159' W.
to 42[deg]20.705' N., 082[deg]59.233' W. (NAD 83); the second line, to
the north, is drawn directly across the channel from position
42[deg]20.754' N., 082[deg]58.681' W. to 42[deg]20.997' N.,
082[deg]58.846'' W. (NAD 83).
    (b) Enforcement period. This section is effective and will be
enforced from 7 a.m. until 12 p.m. on July 6, 2017.
    (c) Regulations.
    (1) Vessels transiting through the regulated area are to maintain
the minimum speeds for safe navigation.
    (2) Vessel operators desiring to operate in the regulated area must
contact the Coast Guard Patrol Commander to obtain permission to do so.
The Captain of the Port Detroit (COTP) or his on-scene representative
may be contacted via VHF Channel 16 or at<PHONE_NUMBER>. Vessel
operators given permission to operate within the regulated area must
comply with all directions given to them by the COTP or his on-scene
representative.
    (3) The ``on-scene representative'' of the COTP Detroit is any
Coast Guard commissioned, warrant or petty officer or a Federal, State,
or local law enforcement officer designated by or assisting the Captain
of the Port Detroit to act on his behalf.
    (4) Vessel operators shall contact the COTP Detroit or his on-scene
representative to obtain permission to enter or operate within the
special local regulation. The COTP Detroit or his on-scene
representative may be contacted via VHF Channel 16 or at<PHONE_NUMBER>.
Vessel operators given permission to enter or operate in the regulated
area must comply with all directions given to them by the COTP Detroit
or his on-scene representative.

    Dated: May 26, 2017.
Scott B. Lemasters,
Commander, U.S. Coast Guard, Captain of the Port Detroit.
[FR Doc. 2017-11465 Filed 6-1-17; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 85, Number 179 (Tuesday, September 15, 2020)]
[Notices]
[Pages 57220-57221]
[FR Doc No: 2020-20332]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket Nos. FDA-2013-N-0618, FDA-2010-N-0601, FDA-2010-N-0598, FDA-
2013-N-1155, FDA-2010-N-0118, FDA-2020-N-0145, FDA-2010-N-0597, FDA-
2014-N-0086, FDA-2016-N-2836, FDA-2019-N-5841, and FDA-2019-N-5973]

Agency Information Collection Activities; Announcement of Office
of Management and Budget Approvals

AGENCY: Food and Drug Administration, Health and Human Services (HHS).

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is publishing a list of
information collections that have been approved by the Office of
Management and Budget (OMB) under the Paperwork Reduction Act of 1995.

FOR FURTHER INFORMATION CONTACT: Ila S. Mizrachi, Office of Operations,
Food and Drug Administration, Three White Flint North, 10A-12M, 11601
Landsdown St., North Bethesda, MD 20852,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The following is a list of FDA information
collections recently approved by OMB under section 3507 of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3507). The OMB control
number and expiration date of OMB approval for each information
collection are shown in table 1. Copies of the supporting statements
for the information collections are available on the internet at http://www.reginfo.gov/public/do/PRAMain. An Agency may not conduct or
sponsor, and a person is not required to respond to, a collection of
information unless it displays a currently valid OMB control number.

        Table 1--List of Information Collections Approved by OMB
------------------------------------------------------------------------
                                            OMB control    Date approval
           Title of collection                  No.           expires
------------------------------------------------------------------------
Reporting and Recordkeeping for                0910-0025       8/31/2023
 Electronic Products--General
 Requirements...........................
Current Good Manufacturing Practice            0910-0152       8/31/2023
 Regulations for Medicated Feed.........
Good Manufacturing Practice Regulations        0910-0154       8/31/2023
 for Type A Medicated Articles, 21 CFR
 Part 226...............................
Food Labeling Regulations...............       0910-0381       8/31/2023
Prior Notice of Imported Food Under the        0910-0520       8/31/2020
 Public Health Security and Bioterrorism
 Preparedness and Response Act of 2002..

Animal Drug User Fee Program............       0910-0540       8/31/2023
Index of Legally Marketed Unapproved New       0910-0620       8/31/2023
 Animal Drugs for Minor Species.........
Potential Tobacco Product Violations           0910-0716       8/31/2023
 Reporting Form.........................
Donor Risk Assessment Questionnaire for        0910-0841       8/31/2023
 the FDA/National Heart, Lung, and Blood
 Institute--Sponsored Transfusion-
 Transmissible Infections Monitoring
 System--Risk Factor Elicitation........
Generic Clearance for Qualitative Data         0910-0891       8/31/2023
 to Support Social and Behavioral
 Research for Food, Dietary Supplements,
 Cosmetics, and Animal Food and Feed....
Health Care Providers Understanding of         0910-0892       8/31/2023
 Opioid Analgesic Abuse-Deterrent
 Formulations: Phase 2 and 3 Surveys....
------------------------------------------------------------------------

    Dated: September 9, 2020.
Lowell J. Schiller,
Principal Associate Commissioner for Policy.
[FR Doc. 2020-20332 Filed 9-14-20; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 183 (Friday, September 22, 2017)]
[Notices]
[Page 44403]
[FR Doc No: 2017-20198]

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

DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. EL17-89-000]

American Electric Power Service Corporation v. Midcontinent
Independent System Operator, Inc., Southwest Power Pool, Inc.; Notice
of Complaint

    Take notice that on September 15, 2017, pursuant to sections 206
and 309 of the Federal Power Act, 16 U.S.C. 824(e) and 825(h) (2012)
and Rule 206 of the Federal Energy Regulatory Commission's (Commission)
Rules of Practice and Procedure, 18 CFR 385.206 (2017), American
Electric Power Service Corporation (AEP or Complainant), on behalf of
its operating company affiliate, Southwestern Electric Power Company
(SWEPCO) filed a formal complaint against Midcontinent Independent
System Operator, Inc. (MISO) and Southwest Power Pool, Inc. (SPP)
(jointly Respondents), alleging that MISO violated the Joint Operating
Agreement between MISO and SPP with respect to the assessment of
certain congestion charges associated with SWEPCO loads that are
pseudo-tied out of MISO and into SPP, all as more fully explained in
the complaint.
    AEP certifies that copies of the complaint were served on the
contacts for MISO and SPP as listed on the Commission's list of
Corporate Officials.
    Any person desiring to intervene or to protest this filing must
file in accordance with Rules 211 and 214 of the Commission's Rules of
Practice and Procedure (18 CFR 385.211, 385.214). 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. Any person wishing to become a party must file a notice of
intervention or motion to intervene, as appropriate. The Respondent's
answer and all interventions, or protests must be filed on or before
the comment date. The Respondent's answer, motions to intervene, and
protests must be served on the Complainants.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper using the eFiling link at http://www.ferc.gov. Persons unable to file electronically should submit an
original and 5 copies of the protest or intervention to the Federal
Energy Regulatory Commission, 888 First Street NE., Washington, DC
20426.
    This filing is accessible on-line at http://www.ferc.gov, using the
eLibrary link and is available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.
    Comment Date: 5:00 p.m. Eastern Time on October 5, 2017.

    Dated: September 18, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-20198 Filed 9-21-17; 8:45 am]
 BILLING CODE 6717-01-P