[Federal Register: August 19, 2010 (Volume 75, Number 160)]
[Rules and Regulations]
[Page 51180-51182]
[DOCID:fr19au10-12]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2010-0020]
RIN 1625-AA00

Safety Zone; AVI September Fireworks Display, Laughlin, Nevada,
NV

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a safety zone, on the
navigable waters of the lower Colorado River, Laughlin, NV, in support
of a fireworks display near the AVI Resort and Casino. This safety zone
is necessary to provide for the safety of the participants, crew,
spectators, participating vessels, and other vessels and users of the
waterway. Persons and vessels are prohibited from entering into,
transiting through, or anchoring within this safety zone unless
authorized by the Captain of the Port, or his designated
representative.

DATES: This rule is effective from 8 p.m. to 9:45 p.m. on September 5,
2010.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2010-0020 and are available online by going to
http://www.regulations.gov, inserting USCG-2010-0020 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail Petty Officer Corey McDonald, Waterways
Management, Coast Guard; telephone<PHONE_NUMBER>, e-mail
<EMAIL_ADDRESS>If you have questions on viewing the docket,
call Renee V. Wright, Program Manager, Docket Operations, telephone
202-366-9826.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On May 3, 2010 we published a notice of proposed rulemaking (NPRM)
entitled Safety Zone; AVI September Fireworks Display; Laughlin,
Nevada, NV in the Federal Register (75 FR 23206). We received no
comments on the proposed rule. No public meeting was requested, and
none was held.

Basis and Purpose

    The AVI Resort and Casino is sponsoring the AVI May fireworks
display, which is to be held at the AVI Resort and Casino on the Lower
Colorado River in Laughlin, Nevada. The Coast Guard is establishing a
temporary safety zone on the navigable waters of the Lower Colorado
River, Laughlin, NV in support of the AVI May fireworks display
adjacent to the AVI Resort and Casino on the Lower Colorado River,
Laughlin, NV. The safety zone is set as an 800 foot radius around the
firing site in approximate position: 35[deg]00'93' N, 114[deg]38'28' W.
This temporary safety zone is necessary to provide for the safety of
the show's crew, spectators, participants of the event, participating
vessels, and other vessels and users of the waterway.

Discussion of Comments and Changes

    There were no comments submitted and no changes were made to the
regulation.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order. This determination is based on the size
and location of the safety zone. Commercial vessels will not be
hindered by the safety zone. Recreational vessels will not be allowed
to transit through the designated safety zone during the specified
times.

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. 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.
    This rule will affect the following entities, some of which may be
small entities: the owners or operators of vessels intending to transit
or anchor in a portion of the Colorado River from 8 p.m. to 9:45 p.m.
on September 5, 2010.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons: The
safety zone will only be in effect for one hour and 45 minutes late in
the evening when vessel traffic is low. Before the effective period, we
will publish a Local Notice to Mariners (LNM).

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), in the NPRM we offered to
assist small entities in understanding the rule so that they could
better evaluate its effects on them and participate in the rulemaking
process.
    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.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

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 an expenditure, we do discuss the effects of this rule elsewhere
in this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    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.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

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 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
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 is categorically excluded, under figure 2-1, paragraph (34)(g), of
the Instruction. This rule involves establishment of a safety zone.
    An environmental analysis checklist and a categorical exclusion
determination are available in the docket where indicated under
ADDRESSES.

List of Subjects in 33 CFR Part 165

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

0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR part 165 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. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T11-299 to read as follows:

Sec.  165.T11-299  Safety Zone; AVI September Fireworks Display;
Laughlin, NV.

    (a) Location. The limits of the proposed safety zone are as
follows: Will include all navigable waters within 800 feet of the
firing location adjacent to the AVI Resort and Casino centered in the
channel between Laughlin Bridge and the northwest point of AVI Resort
and Casino Cove in position: 35[deg]00'93'' N, 114[deg]38'28'' W.
    (b) Enforcement Period. This section will be enforced from 8 p.m.
to 9:45 p.m. on September 5, 2010. If the event concludes prior to the
scheduled termination time, the Captain of the Port will cease
enforcement of this safety zone and will announce that fact via
Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
Designated representative means any commissioned, warrant, and petty
officers of the Coast Guard on board Coast Guard, Coast Guard
Auxiliary, and local, State, and Federal law enforcement vessels who
have been authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated on-scene representative.
    (2) Mariners requesting permission to transit through the safety
zone may request authorization to do so from the Patrol Commander
(PATCOM). The PATCOM may be contacted on VHF-FM Channel 16.
    (3) All persons and vessels shall comply with the instructions of
the

Coast Guard Captain of the Port or the designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other Federal, State, or
local agencies.

    Dated: July 23, 2010.
T.H. Farris,
Captain, U.S. Coast Guard, Captain of the Port San Diego.
[FR Doc. 2010-20602 Filed 8-18-10; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Notices]
[Pages 194-199]
[FR Doc No: 2010-32943]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63609; File No. SR-NYSEArca-2010-116]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change Relating to the Listing and Trading of the
WisdomTree Asia Bond Fund

December 27, 2010.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'' or ``Exchange Act'') \1\ and Rule 19b-4 thereunder,\2\ notice
is hereby given that, on December 13, 2010, NYSE Arca, Inc.
(``Exchange'' or ``NYSE Arca'') filed with the Securities and Exchange
Commission (``Commission'' or ``SEC'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade the shares of the following
fund of the WisdomTree Trust (``Trust'') under NYSE Arca Equities Rule
8.600 (``Managed Fund Shares''): WisdomTree Asia Bond Fund (``Fund'').
The shares of the Fund are collectively referred to herein as the
``Shares.'' \3\ The text of the proposed rule change is available at
the Exchange, the Commission's Public Reference Room, and http://www.nyse.com.
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    \3\ See Form 19b-4 Information of the proposed rule change at 3.
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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 list and trade the Shares of the
WisdomTree Asia Bond Fund under NYSE Arca Equities Rule 8.600, which
governs the listing and trading of Managed Fund Shares on the
Exchange.\4\ The Fund will

be an actively managed exchange-traded fund. The Shares will be offered
by the Trust, which was established as a Delaware statutory trust on
December 15, 2005. The Trust is registered with the Commission as an
investment company and the Fund has filed a registration statement on
Form N-1A (``Registration Statement'') with the Commission.\5\
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    \4\ The Commission approved NYSE Arca Equities Rule 8.600 and
the listing and trading of certain funds of the PowerShares Actively
Managed Funds Trust on the Exchange pursuant to Rule 8.600 in
Securities Exchange Act Release No. 57619 (April 4, 2008), 73 FR
19544 (April 10, 2008) (SR-NYSEArca-2008-25). The Commission also
previously approved listing and trading on the Exchange of a number
of actively managed funds under Rule 8.600. See, e.g., Securities
Exchange Act Release Nos. 57801 (May 8, 2008), 73 FR 27878 (May 14,
2008) (SR-NYSEArca-2008-31) (order approving Exchange listing and
trading of twelve actively-managed funds of the WisdomTree Trust);
58564 (September 17, 2008), 73 FR 55194 (September 24, 2008) (SR-
NYSEArca-2008-86) (order approving Exchange listing and trading of
WisdomTree Dreyfus Emerging Markets Fund); 62604 (July 30, 2010), 75
FR 47323 (August 5, 2010) (SR-NYSEArca-2010-49) (order approving
listing and trading of WisdomTree Emerging Markets Local Debt Fund);
62623 (August 2, 2010), 75 FR 47652 (August 6, 2010) (SR-NYSEArca-
2010-51) (order approving listing and trading of WisdomTree Dreyfus
Commodity Currency Fund).
    \5\ See Post-Effective Amendment No. 41 to Registration
Statement on Form N-1A for the Trust, dated October 19, 2010 (File
Nos. 333-132380 and 811-21864). The descriptions of the Fund and the
Shares contained herein are based on information in the Registration
Statement.
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Description of the Shares and the Fund
    WisdomTree Asset Management, Inc. (``WisdomTree Asset Management'')
is the investment adviser (``Adviser'') to the Fund.\6\ WisdomTree
Asset Management is not affiliated with any broker-dealer. Mellon
Capital Management serves as sub-adviser for the Fund (``Sub-
Adviser'').\7\ The Bank of New York Mellon is the administrator,
custodian and transfer agent for the Trust. ALPS Distributors, Inc.
serves as the distributor for the Trust.\8\
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    \6\ WisdomTree Investments, Inc. (``WisdomTree Investments'') is
the parent company of WisdomTree Asset Management.
    \7\ The Sub-Adviser is responsible for day-to-day management of
the Fund and, as such, typically makes all decisions with respect to
portfolio holdings. The Adviser has ongoing oversight
responsibility.
    \8\ The Commission has issued an order granting certain
exemptive relief to the Trust under the Investment Company Act of
1940 (15 U.S.C. 80a-1) (``1940 Act''). See Investment Company Act
Release No. 28171 (October 27, 2008) (File No. 812-13458). In
compliance with Commentary .05 to NYSE Arca Equities Rule 8.600,
which applies to Managed Fund Shares based on an international or
global portfolio, the Trust's application for exemptive relief under
the 1940 Act states that the Fund will comply with the Federal
securities laws in accepting securities for deposits and satisfying
redemptions with redemption securities, including that the
securities accepted for deposits and the securities used to satisfy
redemption requests are sold in transactions that would be exempt
from registration under the Securities Act of 1933 (15 U.S.C. 77a).
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    Commentary .06 to Rule 8.600 provides that, if the investment
adviser to the Investment Company issuing Managed Fund Shares is
affiliated with a broker-dealer, such investment adviser shall erect a
``fire wall'' between the investment adviser and the broker-dealer with
respect to access to information concerning the composition and/or
changes to such Investment Company portfolio.\9\ In addition,
Commentary .06 further requires that personnel who make decisions on
the open-end fund's portfolio composition must be subject to procedures
designed to prevent the use and dissemination of material nonpublic
information regarding the open-end fund's portfolio. Commentary .06 to
Rule 8.600 is similar to Commentary .03(a)(i) and (iii) to NYSE Arca
Equities Rule 5.2(j)(3); however, Commentary .06 in connection with the
establishment of a ``fire wall'' between the investment adviser and the
broker-dealer reflects the applicable open-end fund's portfolio, not an
underlying benchmark index, as is the case with index-based funds. The
Sub-Adviser is affiliated with multiple broker-dealers and has
implemented a ``fire wall'' with respect to such broker-dealers
regarding access to information concerning the composition and/or
changes to the Fund's portfolio.\10\ In addition, Sub-Adviser personnel
who make decisions regarding the Fund's portfolio are subject to
procedures designed to prevent the use and dissemination of material
nonpublic information regarding the Fund's portfolio. In the event (a)
the Adviser or the Sub-Adviser becomes newly affiliated with a broker-
dealer, or (b) any new adviser or sub-adviser becomes affiliated with a
broker-dealer, they will be required to implement a fire wall with
respect to such broker-dealer regarding access to information
concerning the composition and/or changes to the portfolio.
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    \9\ 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 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.
    \10\ The Exchange represents that the Adviser and Sub-Adviser,
and their related personnel, are subject to Investment Advisers Act
Rule 204A-1. This Rule specifically requires the adoption of a code
of ethics by an investment adviser to include, at a minimum: (i)
Standards of business conduct that reflect the firm's/personnel
fiduciary obligations; (ii) provisions requiring supervised persons
to comply with applicable Federal securities laws; (iii) provisions
that require all access persons to report, and the firm to review,
their personal securities transactions and holdings periodically as
specifically set forth in Rule 204A-1; (iv) provisions requiring
supervised persons to report any violations of the code of ethics
promptly to the chief compliance officer (``CCO'') or, provided the
CCO also receives reports of all violations, to other persons
designated in the code of ethics; and (v) provisions requiring the
investment adviser to provide each of the supervised persons with a
copy of the code of ethics with an acknowledgement by said
supervised persons. 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.
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WisdomTree Asia Bond Fund
    According to the Registration Statement, the Fund seeks to provide
investors with a high level of total return consisting of both income
and capital appreciation. The Fund is an actively managed exchange-
traded fund (``ETF''). The Fund is designed to provide exposure to a
broad range of Asian government and corporate bonds through investment
in both local currency (e.g., Hong Kong dollar; South Korean won) and
U.S. dollar-denominated Fixed Income Securities. For purposes of this
proposed rule change, Fixed Income Securities include bonds, notes or
other debt obligations, such as government or corporate bonds,
denominated in local currencies or U.S. dollars, as well as issues
denominated in Asian local currencies that are issued by
``supranational issuers,'' such as the European Investment Bank,
International Bank for Reconstruction and Development, and the
International Finance Corporation, as well as development agencies
supported by other national governments. The Fund may also invest in
Money Market Securities and derivative instruments, as described below.
    The Fund seeks to achieve its investment objective through direct
and indirect investments in Fixed Income Securities issued by
governments and corporations in Asian countries. The Fund intends to
focus on the developing/emerging market economies in Asia, primarily
China, Hong Kong, India, Indonesia, South Korea, Malaysia, the
Philippines, Singapore, Taiwan and Thailand. While the Fund is
permitted to invest in developed market economies, this is not a focus
of the Fund. Therefore, although the Fund is permitted to do so, the
Fund is unlikely to invest in issuers in Japan, Australia, or New
Zealand.
    The Fund is designed to provide broad exposure to Asian government
and corporate bonds and will invest in a range of instruments with
varying credit risk and duration. The Fund

intends to invest in both bonds and debt instruments issued by the
governments of Asia and their agencies and instrumentalities and as
well in bonds and other debt instruments issued by corporations
organized in Asian countries. The Fund also may invest in Fixed Income
Securities denominated in Asian local currencies that are issued by
supranational issuers, as described above. The Fund also may invest in
inflation-linked Fixed Income Securities denominated in Asian local
currencies.
    The Fund intends to invest at least 70% of its net assets in Fixed
Income Securities.\11\ The Fund expects to invest up to 20% of its net
assets in Asian corporate bonds. The Fund will invest only in corporate
bonds that the Adviser or Sub-Adviser deems to be sufficiently liquid.
Generally, a corporate bond must have $200 million or more par amount
outstanding and significant par value traded to be considered as an
eligible investment.\12\ Economic and other conditions in Asia may,
from time to time, lead to a decrease in the average par amount
outstanding of bond issuances. Therefore, although the Fund does not
intend to do so, the Fund may invest up to 5% of its net assets in
corporate bonds with less than $200 million par amount outstanding if
(i) the Adviser or Sub-Adviser deems such security to be sufficiently
liquid based on its analysis of the market for such security (based on,
for example, broker-dealer quotations or its analysis of the trading
history of the security or the trading history of other securities
issued by the issuer), (ii) such investment is consistent with the
Fund's goal of providing exposure to a broad range of Asian government
and corporate bonds, and (iii) such investment is deemed by the Adviser
or Sub-Adviser to be in the best interest of the Fund.
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    \11\ The category of ``Asian debt'' includes both U.S. dollar-
denominated debt and non-U.S. or ``local'' currency debt. According
to the Emerging Markets Traders Association, the global dollar
amount of emerging market debt instruments traded in 2009 was $4.445
trillion, of which Asian emerging market (i.e., excluding Japan)
debt represented $1.609 trillion. Asian sovereign debt issued by
major emerging market countries in 2009 included: (1) China, $175
billion; (2) Hong Kong, $590 billion; (3) India, $164 billion; (4)
Indonesia, $63 billion; (5) Malaysia, $119 billion; (6) Philippines,
$61 billion; (7) Singapore, $166 billion; (8) South Korea, $172
billion; (9) Taiwan, $27 billion; and (10) Thailand, $43 billion.
Local market instruments traded among major Asian emerging markets
in 2009 included: (1) Hong Kong, $557 billion; (2) India, $148
billion; (3) China, $147 billion; (4) Singapore, $146 billion; and
(5) South Korea, $93 billion. (Source: Emerging Markets Traders
Association, 2009 Annual Debt Trading Volume Survey, March 8, 2010.
Additional information relating to emerging market corporate bonds
is available at: http://www.emta.org.) Local currency bond issuance
in emerging East Asian markets (comprising China, Hong Kong, Taiwan,
Indonesia, South Korea, Malaysia, Philippines, Singapore, Thailand
and Viet Nam) grew by 18.8% through June 2010. (Source: Asian
Development Bank, Asia's Local Bond Markets Expand 18.8%, Foreign
Investment Soars (October 4, 2010), http://www.adb.org.)
    The Adviser represents that Asian sovereign debt is typically
issued in large par size and tends to be very liquid. Local
currency-denominated Asian debt issued by supranational entities is
also actively traded. Intra-day, executable price quotations on such
instruments are available from major broker-dealer firms. Intra-day
price information is available through subscription services, such
as Bloomberg and Thomson Reuters, which can be accessed by
Authorized Participants and other investors.
    \12\ The Adviser represents that the size and liquidity of the
market for emerging market bonds, including Asian corporate bonds,
generally has been increasing in recent years. The aggregate dollar
amount of emerging market corporate bonds traded in 2009 was $514
billion, representing a 32% increase over the $380 billion traded in
2008. Turnover in emerging market corporate debt accounted for 12%
of the overall volume of emerging market debt of $4.445 trillion in
2009, an increase over the 9% share in 2008. (Source: Emerging
Markets Traders Association Press Release, March 8, 2010.)
Additional information relating to emerging market corporate bonds
is available at: http://www.emta.org. Annual growth in the emerging
East Asian corporate bond markets (comprising China, Hong Kong,
Taiwan, Indonesia, South Korea, Malaysia, Philippines, Singapore,
Thailand and Viet Nam) increased by 24.4% through June 2010. China's
local currency corporate bond market grew by 52.7% over that period.
(Source: Asian Development Bank, Asia's Local Bond Markets Expand
18.8%, Foreign Investment Soars (October 4, 2010), http://www.adb.org.) Corporate bonds outstanding in representative emerging
East Asian markets as of June 2010, included: (1) China, $546
billion; (2) Hong Kong, $73 billion; (3) Indonesia, $10 billion; (4)
South Korea, $571 billion; (5) Malaysia, $91 billion; (6)
Philippines, $8 billion; (7) Singapore, $70 billion; (8) Thailand,
$38 billion; and (9) Viet Nam, $2 billion (Source: Asian Development
Bank, Asia Bond Monitor (October 2010), http://www.adb.org.)
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    According to the Registration Statement, the Fund typically will
maintain aggregate portfolio duration of between 2 and 8 years.
Aggregate portfolio duration is a measure of the portfolio's
sensitivity to changes in the level of interest rates. The Fund's
actual portfolio duration may be longer or shorter depending upon
market conditions.
    The universe of Asian Fixed Income Securities includes securities
that are rated ``investment grade'' as well as ``non-investment grade''
securities. The Fund is designed to provide a broad-based,
representative exposure to Asian government and corporate bonds and
therefore will invest in both investment grade and non-investment grade
securities in a manner designed to provide this exposure. The Fund
expects that it will have 75% or more of its assets invested in
investment grade securities, and no more than 25% of its assets
invested in non-investment grade securities. Because the Fund is
designed to provide exposure to a broad range of Asian government and
corporate bonds, and because the debt ratings of the Asian governments
and those corporate issuers will change from time to time, the exact
percentage of the Fund's investments in investment grade and non-
investment grade securities will change from time to time in response
to economic events and changes to the credit ratings of the Asian
government and corporate issuers.\13\ Within the non-investment grade
category, some issuers and instruments are considered to be of lower
credit quality and at higher risk of default. In order to limit its
exposure to these more speculative credits, the Fund will not invest
more than 15% of its assets in securities rated B or below by Moody's,
or equivalently rated by S&P or Fitch. The Fund does not intend to
invest in unrated securities. However, it may do so to a limited
extent, such as where a rated security becomes unrated, if such
security is, determined by the Adviser and Sub-Adviser to be of
comparable quality. In determining whether a security is of
``comparable quality,'' the Adviser and Sub-Adviser will consider, for
example, whether the issuer of the security has issued other rated
securities.
---------------------------------------------------------------------------

    \13\ As of October 19, 2010, government debt of China, Hong
Kong, India, Malaysia, Singapore, South Korea, Taiwan and Thailand
was rated investment grade by S&P and Fitch. The sovereign debt of
Indonesia and the Philippines was rated just below investment grade.
See http://www.standardandpoors.com; http://www.fitchratings.com.
---------------------------------------------------------------------------

    The Fund will hold Fixed Income Securities of at least 13 non-
affiliated issuers. The Fund will not concentrate 25% or more of the
value of its total assets (taken at market value at the time of each
investment) in any one industry, as that term is used in the 1940 Act
(except that this restriction does not apply to obligations issued by
the U.S. government, or any non-U.S. government, or their respective
agencies and instrumentalities or government-sponsored enterprises).
    The Fund intends to qualify each year as a regulated investment
company (``RIC'') under Subchapter M of the Internal Revenue Code of
1986, as amended. The Fund will invest its assets, and otherwise
conduct its operations, in a manner that is intended to satisfy the
qualifying income, diversification and distribution requirements
necessary to establish and maintain RIC qualification under Subchapter
M. The Subchapter M diversification tests generally require that (i)
the Fund invest no more than 25% of its total assets in securities
(other than securities of the U.S. government or other RICs) of any one
issuer or two or more issuers that are

controlled by the Fund and that are engaged in the same, similar or
related trades or businesses, and (ii) at least 50% of the Fund's total
assets consist of cash and cash items, U.S. government securities,
securities of other RICs and other securities, with investments in such
other securities limited in respect of any one issuer to an amount not
greater than 5% of the value of the Fund's total assets and 10% of the
outstanding voting securities of such issuer.
    In addition to satisfying the above referenced RIC diversification
requirements, no portfolio security held by the Fund (other than U.S.
government securities and non-U.S. government securities) will
represent more than 30% of the weight of the portfolio and the five
highest weighted portfolio securities of the Fund (other than U.S.
government securities and/or non-U.S. government securities) will not
in the aggregate account for more than 65% of the weight of the
portfolio. For these purposes, the Fund may treat repurchase agreements
collateralized by U.S. government securities or non-U.S. government
securities as U.S. or non-U.S. government securities, as applicable.
Money Market Securities
    The Fund intends to invest in Money Market Securities in order to
help manage cash flows in and out of the Fund, such as in connection
with payment of dividends or expenses, and to satisfy margin
requirements, to provide collateral or to otherwise back investments in
derivative instruments. For these purposes, Money Market Securities
include: short-term, high-quality obligations issued or guaranteed by
the U.S. Treasury or the agencies or instrumentalities of the U.S.
government; short-term, high-quality securities issued or guaranteed by
non-U.S. governments, agencies and instrumentalities; repurchase
agreements backed by U.S. government securities; money market mutual
funds; and deposits and other obligations of U.S. and non-U.S. banks
and financial institutions. All Money Market Securities acquired by the
Fund will be rated investment grade; except that the Fund may invest in
unrated Money Market Securities that are deemed by the Adviser or Sub-
Adviser to be of comparable quality to money market securities rated
investment grade.
Derivative Instruments
    The Fund may use derivative instruments as part of its investment
strategies. Examples of derivative instruments include listed futures
contracts,\14\ forward currency contracts, non-deliverable forward
currency contracts, currency and interest rate swaps, currency options,
options on futures contracts, swap agreements and credit-linked
notes.\15\ The Fund's use of derivative instruments (other than credit-
linked notes) will be collateralized or otherwise backed by investments
in short term, high-quality U.S. money market securities. The Fund
expects that no more than 30% of the value of the Fund's net assets
will be invested in derivative instruments. Such investments will be
consistent with the Fund's investment objective and will not be used to
enhance leverage.
---------------------------------------------------------------------------

    \14\ The listed futures contracts in which the Fund will invest
may be listed on exchanges either in the U.S. or in either Hong Kong
or Singapore. Both Hong Kong's primary financial markets regulator,
the Securities and Futures Commission, and Singapore's primary
financial markets regulator, the Monetary Authority of Singapore,
are signatories to the International Organization of Securities
Commissions (``IOSCO'') Multilateral Memorandum of Understanding
(``MMOU''), which is a multi-party information sharing arrangement
among major financial regulators. Both the SEC and the Commodity
Futures Trading Commission are signatories to the IOSCO MMOU.
    \15\ The Fund may invest in credit-linked notes. A credit linked
note is a type of structured note whose value is linked to an
underlying reference asset. Credit linked notes typically provide
periodic payments of interest as well as payment of principal upon
maturity. The value of the periodic payments and the principal
amount payable upon maturity are tied (positively or negatively) to
a reference asset such as an index, government bond, interest rate
or currency exchange rate. The ongoing payments and principal upon
maturity typically will increase or decrease depending on increases
or decreases in the value of the reference asset. The Fund's
investments in credit-linked notes will be limited to notes
providing exposure to Asian Fixed Income Securities. The Fund's
overall investment in credit-linked notes will not exceed 25% of the
Fund's assets.
---------------------------------------------------------------------------

    With respect to certain kinds of derivative transactions entered
into by the Fund that involve obligations to make future payments to
third parties, including, but not limited to, futures, forward
contracts, swap contracts, the purchase of securities on a when-issued
or delayed delivery basis, or reverse repurchase agreements, under
applicable Federal securities laws, rules, and interpretations thereof,
the Fund must ``set aside'' liquid assets, or engage in other measures
to ``cover'' open positions with respect to such transactions.
    The Fund may engage in foreign currency transactions, and may
invest directly in foreign currencies in the form of bank and financial
institution deposits, certificates of deposit, and bankers acceptances
denominated in a specified non-U.S. currency. The Fund may enter into
forward currency contracts in order to ``lock in'' the exchange rate
between the currency it will deliver and the currency it will receive
for the duration of the contract.
    The Fund may enter into swap agreements, including interest rate
swaps and currency swaps (e.g., Hong Kong dollar vs. U.S. dollar), and
may buy or sell put and call options on foreign currencies, either on
exchanges or in the over-the-counter market. The Fund may enter into
repurchase agreements with counterparties that are deemed to present
acceptable credit risks, and may enter into reverse repurchase
agreements, which involve the sale of securities held by the Fund
subject to its agreement to repurchase the securities at an agreed upon
date or upon demand and at a price reflecting a market rate of
interest.
    The Fund may invest in the securities of other investment companies
(including money market funds and ETFs). The Fund may invest up to an
aggregate amount of 10% of its net assets in illiquid securities.
Illiquid securities include securities subject to contractual or other
restrictions on resale and other instruments that lack readily
available markets.
    The Fund will not invest in non-U.S. equity securities.
The Shares
    The Fund issues and redeems Shares on a continuous basis at NAV
\16\ only in large blocks of shares (``Creation Units'') in
transactions with authorized participants. Creation Units consist of
100,000 Shares.\17\ The Fund issues and redeems Creation Units in
exchange for a portfolio of Fixed Income Securities closely
approximating the holdings of the Fund and/or an amount of cash in U.S.
dollars. Once created, Shares of the Fund trade on the secondary market
in amounts less than a Creation Unit.
---------------------------------------------------------------------------

    \16\ The NAV of the Fund's Shares generally is calculated once
daily Monday through Friday as of the close of regular trading on
the New York Stock Exchange, generally 4 p.m. Eastern time (``NAV
Calculation Time''). NAV per Share is calculated by dividing the
Fund's net assets by the number of Fund Shares outstanding. For more
information regarding the valuation of Fund investments in
calculating the Fund's NAV, see the Registration Statement.
    \17\ See E-mail from Timothy Malinowski, Senior Director, NYSE
Euronext, to Daniel Gien, Staff Attorney, Division of Trading and
Markets, Commission, dated December 15, 2010.
---------------------------------------------------------------------------

    Additional information regarding the Shares and the Fund, including
investment strategies, risks, creation and redemption procedures, fees,
portfolio holdings disclosure policies, distributions and taxes is
included in the Registration Statement.
Availability of Information
    The Fund's Web site (http://www.wisdomtree.com), which will be

publicly available prior to the public offering of Shares, will include
a form of the Prospectus for the Fund that may be downloaded. The Web
site will include additional quantitative information updated on a
daily basis, including, for the Fund: (1) The prior business day's
reported NAV, mid-point of the bid/ask spread at the time of
calculation of such NAV (``Bid/Ask Price''),\18\ and a calculation of
the premium and discount of the Bid/Ask Price against the NAV; and (2)
data in chart format displaying the frequency distribution of discounts
and premiums of the daily Bid/Ask Price against the NAV, within
appropriate ranges, for each of the four previous calendar quarters. On
each business day, before commencement of trading in Shares in the Core
Trading Session \19\ on the Exchange, the Trust will disclose on its
Web site the identities and quantities of the portfolio of securities
and other assets (``Disclosed Portfolio'') held by the Fund that will
form the basis for the Fund's calculation of NAV at the end of the
business day.\20\ The Disclosed Portfolio will include, as applicable,
the names, quantity, percentage weighting and market value of Fixed
Income Securities, and other assets held by the Fund and the
characteristics of such assets. The Web site and information will be
publicly available at no charge.
---------------------------------------------------------------------------

    \18\ The Bid/Ask Price of the Fund is determined using the
midpoint of the highest bid and the lowest offer on the Exchange as
of the time of calculation of such Fund's NAV. The records relating
to Bid/Ask Prices will be retained by the Fund and its service
providers.
    \19\ The Core Trading Session is 9:30 a.m. to 4 p.m. Eastern
time.
    \20\ Under accounting procedures followed by the Fund, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Notwithstanding the
foregoing, portfolio trades that are executed prior to the opening
of the Exchange on any business day may be booked and reflected in
NAV on such business day. Accordingly, the Fund will be able to
disclose at the beginning of the business day the portfolio that
will form the basis for the NAV calculation at the end of the
business day.
---------------------------------------------------------------------------

    In addition, for the Fund, an estimated value, defined in Rule
8.600 as the ``Portfolio Indicative Value,'' that reflects an estimated
intraday value of the Fund's portfolio, will be disseminated. The
Portfolio Indicative Value will be based upon the current value for the
components of the Disclosed Portfolio and will be updated and
disseminated by one or more major market data vendors at least every 15
seconds during the Core Trading Session on the Exchange. In addition,
during hours when the markets for Fixed Income Securities in the Fund's
portfolio are closed, the Portfolio Indicative Value will be updated at
least every 15 seconds during the Core Trading Session to reflect
currency exchange fluctuations.
    The dissemination of the Portfolio Indicative Value, together with
the Disclosed Portfolio, will allow investors to determine the value of
the underlying portfolio of the Fund on a daily basis and to provide a
close estimate of that value throughout the trading day.
    Information regarding market price and volume of the Shares is and
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services. The
previous day's closing price and trading volume information will be
published daily in the financial section of newspapers. Quotation and
last-sale information for the Shares will be available via the
Consolidated Tape Association high-speed line.
    Intra-day and end-of-day prices are readily available through major
market data providers and broker-dealers for the Fixed Income
Securities, Money Market Securities and derivative instruments held by
the Fund.
Initial and Continued Listing
    The Shares will be subject to Rule 8.600, which sets forth the
initial and continued listing criteria applicable to Managed Fund
Shares. The Exchange represents that, for initial and/or continued
listing, the Shares must be in compliance with Rule 10A-3 under the
Exchange Act,\21\ as provided by NYSE Arca Equities Rule 5.3. A minimum
of 100,000 Shares will be outstanding at the commencement of trading on
the Exchange. The Exchange will obtain a representation from the issuer
of the Shares that the NAV and the Disclosed Portfolio will be made
available to all market participants at the same time.
---------------------------------------------------------------------------

    \21\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Fund. Shares of the Fund will be halted if
the ``circuit breaker'' parameters in NYSE Arca Equities Rule 7.12 are
reached. Trading may be halted because of market conditions or for
reasons that, in the view of the Exchange, make trading in the Shares
inadvisable. These may include: (1) The extent to which trading is not
occurring in the securities and/or financial instruments comprising the
Disclosed Portfolio of the Fund; or (2) whether other unusual
conditions or circumstances detrimental to the maintenance of a fair
and orderly market are present. Trading in the Shares will be subject
to Rule 8.600(d)(2)(D), which sets forth circumstances under which
Shares of the Fund may be halted.
Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. Eastern time in
accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late
Trading Sessions). The Exchange has appropriate rules to facilitate
transactions in the Shares during all trading sessions. As provided in
NYSE Arca Equities Rule 7.6, Commentary .03, the minimum price
variation (``MPV'') for quoting and entry of orders in equity
securities traded on the NYSE Arca Marketplace is $0.01, with the
exception of securities that are priced less than $1.00 for which the
MPV for order entry is $0.0001.
Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products (which includes Managed
Fund Shares) to monitor trading in the Shares. The Exchange represents
that these procedures are adequate to properly monitor Exchange trading
of the Shares in all trading sessions and to deter and detect
violations of Exchange rules and applicable Federal securities laws.
    The Exchange's current trading surveillance focuses on detecting
securities trading outside their normal patterns. When such situations
are detected, surveillance analysis follows and investigations are
opened, where appropriate, to review the behavior of all relevant
parties for all relevant trading violations.
    The Exchange may obtain information via the Intermarket
Surveillance Group (``ISG'') from other exchanges who are members of
the ISG or with which the Exchange has entered into a comprehensive
surveillance sharing agreement.\22\
---------------------------------------------------------------------------

    \22\ For a list of the current members of ISG, see http://www.isgportal.org. The Exchange notes that not all of the components
of the Disclosed Portfolio for the Fund may trade on exchanges that
are members of the ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.

Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin (``Bulletin'') of the special
characteristics and risks associated with trading the Shares.
Specifically, the Bulletin will discuss the following: (1) The
procedures for purchases and redemptions of Shares in Creation Unit
aggregations (and that Shares are not individually redeemable); (2)
NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence
on its ETP Holders to learn the essential facts relating to every
customer prior to trading the Shares; (3) the risks involved in trading
the Shares during the Opening and Late Trading Sessions when an updated
Portfolio Indicative Value will not be calculated or publicly
disseminated; (4) how information regarding the Portfolio Indicative
Value is disseminated; (5) the requirement that ETP Holders deliver a
prospectus to investors purchasing newly issued Shares prior to or
concurrently with the confirmation of a transaction; and (6) trading
information.
    In addition, the Bulletin will reference that the Fund is subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Exchange Act.
The Bulletin will also disclose that the NAV for the Shares will be
calculated after 4:00 p.m. Eastern time each trading day.
2. Statutory Basis
    The basis under the Exchange Act for this proposed rule change is
the requirement under Section 6(b)(5) \23\ that an exchange have rules
that are designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest. The
Exchange believes that the proposed rule change will facilitate the
listing and trading of additional types of exchange-traded products
that will enhance competition among market participants, to the benefit
of investors and the marketplace. In addition, the listing and trading
criteria set forth in Rule 8.600 are intended to protect investors and
the public interest.
---------------------------------------------------------------------------

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

B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) Institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

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

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-116 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2010-116. This
file number should be included on the subject line if e-mail is used.
To help the Commission process and review your comments more
efficiently, please use only one method. The Commission will post all
comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments,
all written statements with respect to the proposed rule change that
are filed with the Commission, and all written communications relating
to the proposed rule change between the Commission and any person,
other than those that may be withheld from the public in accordance
with the provisions of 5 U.S.C. 552, will be available for 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 the
Exchange. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that you wish to make
available publicly. All submissions should refer to File Number SR-
NYSEArca-2010-116 and should be submitted on or before January 18,
2011.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\24\
---------------------------------------------------------------------------

    \24\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-32943 Filed 12-30-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 77, Number 111 (Friday, June 8, 2012)]
[Notices]
[Pages 34031-34032]
[FR Doc No: 2012-13883]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. CP12-464-000]

Petal Gas Storage, L.L.C., Hattiesburg Industrial Gas Sales,
L.L.C.; Notice of Application

    Take notice that on May 21, 2012, Petal Gas Storage, L.L.C. (Petal)
and Hattiesburg Industrial Gas Sales, L.L.C. (Hattiesburg), 9 Greenway
Plaza, Suite 2800, Houston, Texas 77046, filed in Docket No. CP12-464-
000 an application pursuant to sections 7(c) and 7(b) of the Natural
Gas Act (NGA), for authorization for Petal to acquire the non-
jurisdictional natural gas storage facilities owned and operated by
Hattiesburg in Forrest County, Mississippi, for continued authority to
charge market-based rates for services related to the combined
facilities, and for Hattiesburg to abandon its facilities and services
related to its certificate of limited jurisdiction issued under section
284.224 of the Commission's regulations, all as more fully set forth in
the application which is on file with the Commission and open for
public inspection.
    Any questions regarding the applications should be directed to J.
Kyle Stephens, Vice President, Regulatory Affairs, Petal Gas Storage,
L.L.C., 9 Greenway Plaza, Suite 2800, Houston, Texas 77046, or call at
713-479-8033, by facsimile at<PHONE_NUMBER>, or by email at
<EMAIL_ADDRESS>    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9,
within 90 days of this Notice the Commission staff will either:
Complete its environmental assessment (EA) and place it into the
Commission's public record (eLibrary) for this proceeding; or issue a
Notice of Schedule for Environmental Review. If a Notice of Schedule
for Environmental Review is issued, it will indicate, among other
milestones, the anticipated date for the Commission staff's issuance of
the final environmental impact statement (FEIS) or EA for this
proposal. The filing of the EA in the Commission's public record for
this proceeding or the issuance of a Notice of Schedule for
Environmental Review will serve to notify federal and state agencies of
the timing for the completion of all necessary reviews, and the
subsequent need to complete all federal authorizations within 90 days
of the date of issuance of the Commission staff's FEIS or EA.
    There are two ways to become involved in the Commission's review of
this project. First, any person wishing to obtain legal status by
becoming a party to the proceedings for this project should, on or
before the comment date stated below, file with the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426, a
motion to intervene in accordance with the requirements of the
Commission's Rules of Practice and Procedure (18 CFR 385.214 or
385.211) and the Regulations under the NGA (18 CFR 157.10). A person
obtaining party status will be placed on the service list maintained by
the Secretary of the Commission and will receive copies of all
documents filed by the applicant and by all other parties. A party must
submit 7 copies of filings made with the Commission and must mail a
copy to the applicant and to every other party in the proceeding. Only
parties to the proceeding can ask for court review of Commission orders
in the proceeding.
    However, a person does not have to intervene in order to have
comments considered. The second way to participate is by filing with
the Secretary of the Commission, as soon as possible, an original and
two copies of comments in support of or in opposition to this project.
The Commission will consider these comments in determining the
appropriate action to be taken, but the filing of a comment alone will
not serve to make the filer a party to the proceeding. The Commission's
rules require that persons filing comments in opposition to the project
provide copies of their protests only to the party or parties directly
involved in the protest.
    Persons who wish to comment only on the environmental review of
this project should submit an original and two copies of their comments
to the Secretary of the Commission. Environmental commentors will be
placed on the Commission's environmental mailing list, will receive
copies of the environmental documents, and will be notified of meetings
associated with the Commission's environmental review process.
Environmental commentors will not be required to serve copies of filed

documents on all other parties. However, the non-party commentors will
not receive copies of all documents filed by other parties or issued by
the Commission (except for the mailing of environmental documents
issued by the Commission) and will not have the right to seek court
review of the Commission's final order.
    The Commission strongly encourages electronic filings of comments,
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 7 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 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: June 21, 2012.

    Dated: May 31, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-13883 Filed 6-7-12; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Notices]
[Pages 33223-33224]
[FR Doc No: 2012-13524]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2012-N-0197]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Emergency Shortages
Data Collection System

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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

SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by July 5,
2012.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
Fax:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0491.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: Daniel Gittleson, Office of
Information Management, Food and Drug Administration, 1350 Piccard Dr.,
PI50-400B, Rockville, MD 20850,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.

Emergency Shortages Data Collection System--Section 903(d)(2) of the
Federal Food, Drug, and Cosmetic Act (OMB Control Number 0910-0491)--
Extension

    Under section 903(d)(2) of the Federal Food, Drug, and Cosmetic Act
(the FD&C Act) (21 U.S.C. 393(d)(2)), the Commissioner of Food and
Drugs is authorized to implement general powers

(including conducting research) to carry out effectively the mission of
FDA. Subsequent to the events of September 11, 2001, and as part of
broader counterterrorism and emergency preparedness activities, FDA's
Center for Devices and Radiological Health (CDRH) began developing
operational plans and interventions that would enable CDRH to
anticipate and respond to medical device shortages that might arise in
the context of Federally declared disasters/emergencies or regulatory
actions. In particular, CDRH identified the need to acquire and
maintain detailed data on domestic inventory, manufacturing
capabilities, distribution plans, and raw material constraints for
medical devices that would be in high demand, and/or would be
vulnerable to shortages in specific disaster/emergency situations or
following specific regulatory actions. Such data could support
prospective risk assessment, help inform risk mitigation strategies,
and support real-time decision-making by the Department of Health and
Human Services during actual emergencies or emergency preparedness
exercises.
    FDA developed ``The Emergency Medical Device Shortages Program
Survey'' in 2002 to support the acquisition of such data from medical
device manufacturers. In 2004, CDRH changed the process for the data
collection, and the electronic database in which the data were stored
was formally renamed the ``Emergency Shortages Data Collection System''
(ESDCS). Recognizing that some of the data collected may be
commercially confidential, access to the ESDCS is restricted to members
of the CDRH Emergency Shortage Team (EST) and senior management with a
need-to-know. At this time, the need-to-know senior management
personnel are limited to two senior managers. Further, the data are
used by this defined group only for decision-making and planning in the
context of a Federally declared disaster/emergency, an official
emergency preparedness exercise, or a potential public health risk
posed by non-disaster-related device shortage.
    The data procurement process consists of an initial scripted
telephone call to a regulatory officer at a registered manufacturer of
one or more key medical devices tracked in the ESDCS. In this initial
call, the EST member describes the intent and goals of the data
collection effort and makes the specific data request. After the
initial call, one or more additional follow-up calls and/or electronic
mail correspondence may be required to verify/validate data sent from
the manufacturer, confirm receipt, and/or request additional detail.
Although the regulatory officer is the agent who the EST member
initially contacts, regulatory officers may designate an alternate
representative within their organization to correspond subsequently
with the CDRH EST member who is collecting or verifying/validating the
data.
    Because of the dynamic nature of the medical device industry,
particularly with respect to specific product lines, manufacturing
capabilities, and raw material/subcomponent sourcing, it is necessary
to update the data in the ESDCS at regular intervals. The EST makes
such updates on a regular basis, but makes efforts to limit the
frequency of outreach to a specific manufacturer to no more than every
4 months.
    The ESDCS will only include those medical devices for which there
will likely be high demand during a specific emergency/disaster, or for
which there are sufficiently small numbers of manufacturers such that
disruption of manufacture or loss of one or more of these manufacturers
would create a shortage.
    In the Federal Register of March 8, 2012 (77 FR 14020), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.

                                                     Table 1--Estimated Annual Reporting Burden \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                Number of                      Average  burden
                          FD&C Act Section                              Number of      responses per     Total annual    per  response     Total hours
                                                                       respondents        response        responses         (hours)
--------------------------------------------------------------------------------------------------------------------------------------------------------
903(d)(2)..........................................................             125                3              375              0.5              188
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA based the burden estimates in table 1 of this document on past
experience with direct contact with the medical device manufacturers
and anticipated changes in the medical device manufacturing patterns
for the specific devices being monitored. FDA estimates that
approximately 125 manufacturers would be contacted by telephone and/or
electronic mail 3 times per year either to obtain primary data or to
verify/validate data. Because the requested data represent data
elements that are monitored or tracked by manufacturers as part of
routine inventory management activities, it is anticipated that for
most manufacturers, the estimated time required of manufacturers to
complete the data request will not exceed 30 minutes per request cycle.

    Dated: May 30, 2012.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2012-13524 Filed 6-4-12; 8:45 am]
BILLING CODE 4160-01-P