 Home Address:  	City:  	 State:
 System Description2   	Cooling system for temporary occupant load?3 Yes  No 
 1. Whole-Building Mechanical Ventilation Design4
  Cont./Tech. Verified5
  Rater
 Verified
 N/A
 EPA Form 5900-175
The government estimates the average time needed to fill out this form is 1.5 hours and welcomes suggestions for reducing this effort. Send comments (referencing OMB Control Number) to the Director, Collection Strategies Division, U.S. EPA (2822T), 1200 Pennsylvania Ave., NW, Washington, D.C. 20460.

OMB Control No. 2060-0586
1.1 Ventilation system designed to meet ASHRAE 62.2-2010 requirements 6.
   1.2 Ventilation system does not utilize an intake duct to the return side of the HVAC system unless the system is designed to operate intermittently and automatically based on a timer and to restrict outdoor air intake when not in use (e.g., motorized damper).
   1.3 Documentation is attached with ventilation system type, location, design rate, and frequency and duration of each ventilation cycle.
 1.4 If present, continuously-operating vent. & exhaust fans designed to operate during all occupiable hours.
   1.5 If present, intermittently-operating whole-house ventilation system designed to automatically operate at least once per day and at least 10% of every 24 hours.
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 2. Heating & Cooling System Design4,7 - Parameters used in the design calculations shall reflect home to be built, specifically, outdoor design
 temperatures, home orientation, number of bedrooms, conditioned floor area, window area, predominant window performance and insulation levels, infiltration rate, mechanical ventilation rate, presence of MERV6 or better filter, and indoor temperature setpoints = 70°F for heating; 75°F for cooling
 2.1  Heat Loss / Gain Method:	 Manual J v8   ASHRAE 2009   Other:
 2.2  Duct Design Method:	 Manual D	 Other:  	_
 2.3 Equipment Selection Method:	 Manual S	 OEM Rec.	 Other:
 2.4 Outdoor Design Temperatures:8	Location: 	   1%: 	°F	99%: 	°F
 2.5 Orientation of Rated Home (e.g., North, South):
 2.6 Number of Occupants Served by System:9
 2.7 Conditioned Floor Area in Rated Home:	 	Sq. Ft.
 2.8 Window Area in Rated Home:	 	Sq. Ft.
 2.9 Predominant Window SHGC in Rated Home:10
 2.10 Infiltration Rate in Rated Home:11	Summer: 		Winter:
 2.11 Mechanical Ventilation Rate in Rated Home:	 	CFM
 2.12 Design Latent Heat Gain:	 	BTUh
 2.13 Design Sensible Heat Gain:	 	BTUh
 2.14 Design Total Heat Gain:	 	BTUh
 2.15 Design Total Heat Loss:	 	BTUh
 2.16 Design Airflow: 12	 	CFM
 2.17 Design Duct Static Pressure:13	 	  Inches Water Column (IWC)
 2.18 Full Load Calculations Report Attached
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 3. Selected Cooling Equipment, If Cooling Equipment to be Installed
 3.1 Condenser Manufacturer & Model:
 3.2 Condenser Serial #:
 3.3 Evaporator / Fan Coil Manufacturer & Model:
 3.4 Evaporator / Fan Coil Serial #:	 	_
 3.5 AHRI Reference #:14
 3.6 Listed Efficiency:	 	EER	 	SEER
 3.7 Metering Device Type:	 TXV	 Fixed orifice	 Other:
 3.8 Refrigerant Type:	 R-410a	 Other:
 3.9 Fan Speed Type: 15	 Fixed	 Variable (ECM/ICM)	 Other:
 3.10 Listed Sys. Latent Capacity at Design Cond.16:	 	BTUh
 3.11 Listed Sys. Sensible Capacity at Design Cond.16:	 	BTUh
 3.12 Listed Sys. Total Capacity at Design Cond.16:	 	BTUh
    3.13 If Listed Sys. Latent Capacity (Value 3.10) < Design Latent Heat Gain (Value 2.12), ENERGY STAR qualified dehumidifier installed
 3.14 Listed Total Cap. (Value 3.12) is 95-115% of Design Total Heat Gain (Value 2.14) or next nom. Size17,18
 3.15 AHRI Certificate Attached 14
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 4. Selected Heat Pump Equipment, If Heatpump to be Installed
 4.1 AHRI Listed Efficiency:	 	 HSPF
 4.2 Performance at 17°F:   Capacity  	 BTUh   Efficiency:  	COP
 4.3 Performance at 47°F:   Capacity  	 BTUh   Efficiency:  	 COP
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 5. Selected Furnace, If Furnace to be Installed
  Cont./Tech. Verified5
  Rater
 Verified
 N/A
 5.1 Furnace Manufacturer & Model:
 5.2 Furnace Serial #:
 5.3 Listed Efficiency:	AFUE
 5.4 Listed Output Heating Capacity:	 		BTUh
 5.5 Listed Output Heat. Cap. (Value 5.4) is 100-140% of Design Total Heat Loss (Value 2.15) or next nom. Size18,19
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 6. Refrigerant Tests - Run system for 15 minutes before testing
 Note: If cold weather makes it impossible to verify proper refrigerant charge, system must include a TXV20
 6.1 Outdoor ambient temperature at condenser:	 	°F DB
 6.2 Return-side air temperature inside duct near evaporator, during cooling mode:	 	°F WB
 6.3 Liquid line pressure:	 	psig

 6.4 Liquid line temperature:	 	°F DB

 6.5 Suction line pressure:	 	psig

 6.6 Suction line temperature:	 	°F DB
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 7. Refrigerant Calculations
 For System with Thermal Expansion Valve (TXV):
 7.1 Condenser saturation temperature:	 	°F DB (Using Value 6.3)
 7.2 Subcooling value:	 	°F DB (Value 7.1 - Value 6.4)
 7.3 OEM subcooling goal:	 	°F DB
 7.4 Subcooling deviation:	 	°F DB (Value 7.2  -  Value 7.3)
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 For System with Fixed Orifice:
 7.5 Evaporator saturation temperature:	 	°F DB (Using Value 6.5)
 7.6 Superheat value:	 	°F DB  (Value 6.6  -  Value 7.5)
 7.7 OEM superheat goal:	 	°F DB  (Using superheat tables and Values 6.1 & 6.2)
 7.8 Superheat deviation:	 	°F DB  (Value 7.6  -  Value 7.7)
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 7.9 Value 7.4 is +-3°F or Value 7.8 is +-5°F
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    7.10 An OEM test procedure has been used in place of sub-cooling or super-heat process and documentation has been attached that defines this procedure

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 8. Electrical Measurements
 8.1 Evaporator/air handler fan:	 	 amps	 	volts	 	watts
 8.2 Condenser fan:	 	 amps	 	volts	 	 watts
 8.3 Compressor:	 	 amps	 	volts	 	watts
 8.4 Electrical measurements within OEM specified tolerance of nameplate value
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 9. Air Flow Tests
 9.1 Air volume at evaporator:	 	 CFM
 9.2 Test performed in which mode?      Heating	  Cooing
 9.3 Return duct static pressure:	 	IWC	Test Hole Location21:
 9.4 Supply duct static pressure:	 	IWC	Test Hole Location21  :
 9.5 Test hole locations are well-marked and accessible21
 9.6 Measurement method used:	 Anemometer	 Pressure matching22
                         Flow grid	 Fan curve	 Other:
    9.7 Airflow volume at evaporator (Value 9.1), at fan design speed and full operating load, +/- 15% of the airflow required per system design (Value 2.16) or within range recommended by OEM
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 10. Air Balance
    10.1 Individual room airflows within the greater of +-20% or 25 CFM of the design / application requirements for the supply and return ducts23
 10.2 Balancing report indicating quantity of supply and return terminals per room attached
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 11. System Controls
 11.1 Operating and safety controls meet OEM requirements
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 12. Drain pan
 12.1 Corrosion-resistant drain pan, properly sloped to drainage system, included24
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    Technician Name25                                                                                _                    Equipment Installation Date:
    Technician Signature25                                                                                _                   Company:                                                                        Designer Name25                                                              _                   System Design Date:                                                      Designer Signature25                                                                                _                    Company:

 1.   The HVAC System Quality Installation Contractor Checklist is designed to align with the requirements of ASHRAE
    62.2-2010 and published addenda and ANSI / ACCA‟s  5 QI-2007 protocol, thereby improving the performance of HVAC equipment in new homes when compared to homes built to minimum code. However, these features alone cannot prevent all ventilation, indoor air quality, or HVAC problems (e.g., those caused by a lack of maintenance by occupants). Therefore, this checklist is not a guarantee of proper ventilation, indoor air quality, or HVAC performance.

    This checklist applies to ventilation systems, split air conditioners, unitary air conditioners, air-source/water-source (i.e., geothermal) heat pumps up to 65,000 Btu/h and furnaces up to 225,000 Btu/h.  All other equipment, including boilers, is exempt.

    This checklist shall be provided by the Rater to the HVAC contractor who shall complete one checklist for each system. Upon completion, the  HVAC contractor shall  return  the  checklist(s) to  the  Rater.  Alternatively, at  the discretion of the contractor and Rater, the Rater may verify any item on this checklist in place of the contractor. When this occurs, the Rater shall check the box of the verified items in the Rater Verified column. The Rater is only responsible for ensuring that the Contractor has completed the Contractor checklist in its entirety and for the items that are checked in the Rater Verified column (if any). The Rater is not responsible for assessing the accuracy of the items in this checklist that are not checked in the Rater Verified column. Instead, it is the contractor‟s exclusive responsibility to ensure the design and installation comply with the Contractor checklist.

    This  checklist  with  supporting documents may also  be  used  to  demonstrate compliance with  Indoor  airPLUS
    specifications 4.1, 4.2, 4.5, 4.6, and 7.1.

 2.   Description  of  HVAC  system  location  or  area  served  (e.g.,  "whole-house",  "upper  level",  "lower-level",  or
    "supplemental for excess loads.").

    3.   Check "Yes" if this system is to handle temporary occupant loads. Such a system may be required to accommodate a significant number of guests on a regular or sporadic basis and shall be handled by a supplemental cooling system (e.g., a small, single-package unit or split-coil unit) or by a system that can shift capacity from zone to zone (e.g., a variable volume system).

    4.   The person responsible for the heating, cooling, and ventilation design, whether it be the HVAC technician or other qualified HVAC design professional, shall be responsible for completing sections 1 and 2 of this checklist.

 5.   The „Cont. / Tech. Verified‟ column shall be used to indicate items verified by the HVAC Contractor or Technician.
    The „Rater Verified‟ column shall only be used to indicate items verified by the Rater, for homes in which the Rater
    has agreed to verify and accept responsibility for one or more requirements.

    6.   For proper procedures, exceptions, and selection methods see ASHRAE 62.2-2010 and published addenda.   All components shall be designed and installed per local codes, manufacturers‟ installation instructions, engineering documents, and regional ENERGY STAR program requirements.

    The system shall have at least one supply or exhaust fan with associated ducts and controls.  Local exhaust fans are allowed to be part of an exhaust ventilation system.  Outdoor air ducts connected to the return side of an air handler are allowed to be part of a supply ventilation system if manufacturers‟ requirements for return air temperature are met.

    7.   Heating and cooling loads shall be calculated, equipment capacity shall be selected, and duct systems shall be sized according to the latest editions of ACCA Manuals J, S, & D, respectively, ASHRAE 2009 Handbook of Fundamentals, or a substantively equivalent procedure.

    8.   If the design conditions are dictated by a code or regulation, then the requirements of the lawful or controlling authority supersedes the Manual J or ASHRAE default design values.  Otherwise, the default values shall be used. The values for the geographically closest location shall be selected or a justification provided for the selected location.

    9.   The number of occupants among all HVAC systems in the home must be equal to the number of bedrooms, as defined below, plus one. Occupants listed for systems that are indicated in the header as a cooling system for temporary occupant loads, as described in footnote 3, shall be permitted to exceed this limit.

    A bedroom is defined by RESNET as a room or space 70 sq. ft. or greater size, with egress window and closet, used or intended to be used for sleeping. A "den", "library", or "home office" with a closet, egress window, and 70 sq. ft. or greater size or other similar rooms shall count as a bedroom, but living rooms and foyers shall not.

    An egress window, as defined in IRC section R310, shall refer to any operable window that provides for a means of escape and access for rescue in the event of an emergency. The egress window definition has been summarized for convenience. The egress window shall:

          have a sill height of not more than 44 inches above the floor; AND

          have a minimum net clear opening of 5.7 sq. ft.; AND have a minimum net clear opening height of 24 in.; AND have a minimum net clear opening width of 20 in.; AND
          be operational from the inside of the room without the use of keys, tools or special knowledge

 10. "Predominant" is defined as the SHGC value used in the greatest amount of window area in the home

    11. Infiltration rate shall reflect value used in confirmed or projected HERS rating for rated home. Alternatively, use "Average" or "Semi-loose" values for the cooling season infiltration rates and "Semi-tight" or "Average" values for the heating season infiltration rates, as defined by ACCA Manual J, Eighth Edition, Version Two.

 12. Design airflow is the design value(s) for the blower in CFM, as determined by using the manufacturer‟s expanded
    performance data to select equipment, per ACCA Manual S procedures.

 13. Design duct static pressure shall account for the installation of a MERV6 or higher filter.

    14. All evaporators and condensing units shall be properly matched as demonstrated by an attached AHRI certificate. If an AHRI certificate is not available, a copy of OEM-provided catalog data indicating acceptable combination selection and performance data shall be attached.

    15. If whole-house ventilation system utilizes the HVAC air handler, then the fan speed type shall be ECM/ICM, variable speed, and run at a reduced speed during ventilation, or include a controller (e.g., smart cycler) that reduces the ventilation run time by accounting for hours when HVAC system is heating or cooling the home.

 16. Listed system capacity at design conditions is to be obtained from the OEM expanded performance data.

    17. For cooling systems, the next largest nominal piece of equipment may be used that is available to satisfy the latent and sensible requirements. Single-speed systems generally have OEM nominal size increments of (1/2) ton.   Multi- speed or multi-stage equipment may have OEM nominal size increments of one ton. Therefore, the use of these advanced system types can provide extra flexibility to meet the equipment sizing requirements.

    18. Contractors shall perform a load calculation for the specific house plan and orientation of the home to be qualified or, for plans with multiple options or that may be built in more than one orientation, for every option and orientation. If the loads are calculated for multiple orientations and the loads across all orientations vary by < 25%, then the largest load shall be permitted to be used for equipment selection for all orientations, subject to the over-sizing limits of ACCA Manual S. Otherwise, the contractor shall group the load for each orientation into a set with < 25% variation and equipment selection shall be completed for each set of loads. All other aspects of system design (e.g., duct static pressure, design airflow) shall be completed for the specific orientation and configuration of the home. Note that room- level design airflows determined using Manual J and Manual S may be different than the design values used for a standardized Manual D duct design for each option and orientation.  Duct balancing shall be performed to meet the design airflows for each orientation and option.

    19. For warm air heating systems, the output capacity must be between 100% and 140% of calculated system load unless a larger size is dictated by the cooling equipment selection.

    20. Either factory-installed or field-installed TXV‟s may be used.  For field-installed TXV‟s, ensure that sensing bulbs are insulated and tightly clamped to the vapor line with good linear thermal contact at the recommended orientation, usually 4 or 8 o‟clock.

    21. Examples of return or supply duct static pressure measurement locations are: plenum, cabinet, trunk duct, as well as front, back, left or right side. Test hole locations shall be well marked and accessible.

    22. The pressure matching method uses a calibrated fan to match the supply plenum pressure produced when the HVAC air handler fan is in operation. The airflow through the calibrated fan that produces the same pressure is assumed to match the HVAC air handler fan airflow.

    23. Ducts shall not include coiled or looped ductwork except to the extent needed for acoustical control. Balancing dampers or proper duct sizing shall be used instead of loops to limit flow to diffusers. When balancing dampers are used, they shall be located at the trunk to limit noise unless the trunk will not be accessible when the balancing process is conducted. In such cases, opposable blade dampers or dampers located in the duct boot are permitted.

    24. Condensate pan shall be made of corrosion-resistant materials, to include galvanized steel and plastic. Drain pan shall drain condensate to a conspicuous point of disposal to alert occupants in the event of a stoppage of the primary drainage system; and shall be equipped with a backflow prevention valve when drained to a shared drainage system, such as a storm water management system.
    25. HVAC technician signature required prior to submittal to Rater. If the HVAC system design (Sec. 1 & 2) was not completed by the HVAC technician, then the designer shall sign in addition to HVAC technician.


[Federal Register Volume 82, Number 124 (Thursday, June 29, 2017)]
[Notices]
[Page 29541]
[FR Doc No: 2017-13603]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 7387-068-9222-033]

Erie Boulevard Hydropower, L.P.; Notice of Application Accepted
for Filing, Soliciting Comments, Protests and Motions To Intervene

    Take notice that the following hydroelectric application has been
filed with the Commission and is available for public inspection:
    a. Type of Proceeding: Amendment of License Terms.
    b. Project Nos.: P-7387-068 & P-9222-033.
    c. Date Filed: May 12, 2017.
    d. Licensee: Erie Boulevard Hydropower, L.P.
    e. Names and Locations of Projects: Piercefield Hydroelectric
Project No. 7387, located on the Raquette River in St. Lawrence and
Franklin counties, New York. Yaleville Hydroelectric Project No. 9222,
located on the Raquette River, in St. Lawrence County, New York.
    f. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791a-825r.
    g. Licensee Contact Information: Mr. Steven P. Murphy, Director,
U.S. Licensing, Brookfield Renewable, 33 West 1st Street South, Fulton,
New York 13069, Phone:<PHONE_NUMBER>, Email:
<EMAIL_ADDRESS>    h. FERC Contact: Mr. Ashish Desai,<PHONE_NUMBER>,
<EMAIL_ADDRESS>    i. Deadline for filing comments, motions to intervene and protests,
is 30 days from the issuance date of this notice by the Commission. The
Commission strongly encourages electronic filing. Please file motions
to intervene, protests, comments, and recommendations, using the
Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000
characters, without prior registration, using the eComment system at
http://www.ferc.gov/docs-filing/ecomment.asp. You must include your
name and contact information at the end of your comments. For
assistance, please contact FERC Online Support at
<EMAIL_ADDRESS>(866) 208-3676 (toll free), or (202) 502-
8659 (TTY). In lieu of electronic filing, please send a paper copy to:
Secretary, Federal Energy Regulatory Commission, 888 First Street NE.,
Washington, DC 20426. The first page of any filing should include
docket numbers P-7387-068 and P-9222-033.
    j. Description of Proceeding: The licensee, Erie Boulevard
Hydropower, L.P., requests that the Commission amend the license terms
for two of its projects to synchronize the license expiration dates
with the licensee's four other projects, so that they can be relicensed
concurrently. The other four projects' licenses expire on December 31,
2033. All six projects are located on the Raquette River.
    In order to align the expiration dates, the licensee requests that
the Commission extend the license for the Yaleville Project No. 9222,
approximately 12 years, from January 31, 2022 to December 31, 2033. In
addition, the licensee requests that the Commission accelerate the
license expiration term for the Piercefield Project No. 7387 by 10
years, from October 31, 2045 to October 31, 2035.
    The licensee states that amending the license terms for the two
projects would allow for better coordination during project relicensing
for all of its projects on the Raquette River. The licensee's request
includes letters of support for the amendments of the license terms
from the U.S. Fish and Wildlife Service, New York State Department of
Environmental Conservation, and Adirondack Mountain Club.
    k. This notice is available for review and reproduction at the
Commission in the Public Reference Room, Room 2A, 888 First Street NE.,
Washington, DC 20426. The filing may also be viewed on the Commission's
Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the
Docket number (P-7387-068 or P-9222-033) excluding the last three
digits in the docket number field to access the notice. You may also
register online at http://www.ferc.gov/docs-filing/esubscription.asp to
be notified via email of new filings and issuances related to this or
other pending projects. For assistance, call toll-free 1-866-208-3676
or email<EMAIL_ADDRESS>For TTY, call<PHONE_NUMBER>.
    l. Individuals desiring to be included on the Commission's mailing
list should so indicate by writing to the Secretary of the Commission.
    m. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
and .214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    n. Filing and Service of Responsive Documents: Any filing must (1)
bear in all capital letters the title COMMENTS, PROTEST, or MOTION TO
INTERVENE as applicable; (2) set forth in the heading the name of the
applicant and the project number of the application to which the filing
responds; (3) furnish the name, address, and telephone number of the
person protesting or intervening; and (4) otherwise comply with the
requirements of 18 CFR 385.2001 through 385.2005. All comments, motions
to intervene, or protests must set forth their evidentiary basis and
otherwise comply with the requirements of 18 CFR 4.34(b). All comments,
motions to intervene, or protests should relate to the request for the
amendment of the license terms. Agencies may obtain copies of the
application directly from the applicant. A copy of any protest or
motion to intervene must be served upon each representative of the
applicant specified in the particular application. If an intervener
files comments or documents with the Commission relating to the merits
of an issue that may affect the responsibilities of a particular
resource agency, they must also serve a copy of the document on that
resource agency. A copy of all other filings in reference to this
application must be accompanied by proof of service on all persons
listed in the service list prepared by the Commission in this
proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: June 23, 2017.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2017-13603 Filed 6-28-17; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 60 (Tuesday, March 29, 2011)]
[Notices]
[Pages 17478-17481]
[FR Doc No: 2011-7256]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2011-0040]

Qualification of Drivers; Exemption Applications; Diabetes
Mellitus

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption from the diabetes mellitus
standard; request for comments.

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

SUMMARY: FMCSA announces receipt of applications from 17 individuals
for exemption from the prohibition against persons with insulin-treated
diabetes mellitus (ITDM) operating commercial motor vehicles (CMVs) in
interstate commerce. If granted, the exemptions would enable these
individuals with ITDM to operate CMVs in interstate commerce.

DATES: Comments must be received on or before April 28, 2011.

ADDRESSES: You may submit comments bearing the Federal Docket
Management System (FDMS) Docket No. FMCSA-2011-0040 using any of the
following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the on-line instructions for submitting
comments.
     Mail: Docket Management Facility; U.S. Department of
Transportation, 1200 New Jersey Avenue, SE., West Building Ground
Floor, Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: 1-202-493-2251.
    Instructions: Each submission must include the Agency name and the
docket numbers for this notice. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Please see the Privacy Act heading below
for further information.
    Docket: For access to the docket to read background documents or
comments, go to http://www.regulations.gov at any time or Room W12-140
on the ground level of the West Building, 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Federal Docket Management System (FDMS) is
available 24 hours each day, 365 days each year. If you want

acknowledgment that we received your comments, please include a self-
addressed, stamped envelope or postcard or print the acknowledgement
page that appears after submitting comments on-line.
    Privacy Act: Anyone may search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or of the person signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
You may review DOT's Privacy Act Statement for the FDMS published in
the Federal Register on January 17, 2008 (73 FR 3316), or you may visit
http://edocket.access.gpo.gov/2008/pdf/E8-785.pdf.

FOR FURTHER INFORMATION CONTACT: Dr. Mary D. Gunnels, Director, Medical
Programs,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA, Department of
Transportation, 1200 New Jersey Avenue, SE., Room W64-224, Washington,
DC 20590-0001. Office hours are from 8:30 a.m. to 5 p.m., Monday
through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION:

Background

    Under 49 U.S.C. 31136(e) and 31315, FMCSA may grant an exemption
from the Federal Motor Carrier Safety Regulations for a 2-year period
if it finds ``such exemption would likely achieve a level of safety
that is equivalent to, or greater than, the level that would be
achieved absent such exemption.'' The statute also allows the Agency to
renew exemptions at the end of the 2-year period. The 17 individuals
listed in this notice have recently requested such an exemption from
the diabetes prohibition in 49 CFR 391.41(b)(3), which applies to
drivers of CMVs in interstate commerce. Accordingly, the Agency will
evaluate the qualifications of each applicant to determine whether
granting the exemption will achieve the required level of safety
mandated by the statutes.

Qualifications of Applicants

Peter N. Amendola

    Mr. Amendola, age 55, has had ITDM since 1997. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Amendola understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Amendola meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class B Commercial
Driver's License (CDL) from Massachusetts.

Edward D. Boyer

    Mr. Boyer, 54, has had ITDM since 2009. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Boyer understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Boyer meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Pennsylvania.

Steven V. Callison

    Mr. Callison, 54, has had ITDM since 2008. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Callison understands diabetes
management and monitoring has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Callison meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class A CDL from Louisiana.

Douglas A. Carroll

    Mr. Carroll, 31, has had ITDM since 1987. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Carroll understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Carroll meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class A operator's license from
Indiana.

Bradley J. Frazier

    Mr. Frazier, 53, has had ITDM since 1983. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Frazier understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Frazier meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Illinois.

Tamara D. Folsom

    Ms. Folsom, 45, has had ITDM since 2010. Her endocrinologist
examined her in 2011 and certified that she has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
Her endocrinologist certifies that Ms. Folsom understands diabetes
management and monitoring, has stable control of her diabetes using
insulin, and is able to drive a CMV safely. Ms. Folsom meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). Her
optometrist examined her in 2011 and certified that she does not have
diabetic retinopathy. She holds a Class A CDL from South Dakota.

Gerald W. Fryar

    Mr. Fryar, 54, has had ITDM since 2010. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or

resulting in impaired cognitive function that occurred without warning
in the past 12 months and no recurrent (2 or more) severe hypoglycemic
episodes in the last 5 years. His endocrinologist certifies that Mr.
Fryar understands diabetes management and monitoring, has stable
control of his diabetes using insulin, and is able to drive a CMV
safely. Mr. Fryar meets the requirements of the vision standard at 49
CFR 391.41(b)(10). His optometrist examined him in 2010 and certified
that he does not have diabetic retinopathy. He holds a Class A CDL from
Arkansas.

Richard P. Inott

    Mr. Inott, 40, has had ITDM since 2010. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endcrinologist certifies that Mr. Inott understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Inott meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class D operator's license from
Minnesota.

Ernest Martinelli

    Mr. Martinelli, 40, has had ITDM since 2010. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Martinelli understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Martinelli meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class 10 operator's license from Rhode
Island.

Jonathan C. Morgan

    Mr. Morgan, 26, has had ITDM since 2007. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Morgan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Morgan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Tennessee.

Benjamin D. Phelps

    Mr. Phelps, 21, has had ITDM since 1993. His endocrinologist
examined him in 2011 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Phelps understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Phelps meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he has stable
nonproliferative diabetic retinopathy. He holds an operator's license
from Indiana.

Richard J. Rasch

    Mr. Rasch, 41, has had ITDM since 2008. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Rasch understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Rasch meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Michigan.

Philip J. Regan

    Mr. Regan, 65, has had ITDM since 1990. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Regan understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Regan meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Massachusetts.

Paul E. Regelin, II

    Mr. Regelin, 46, has had ITDM since 1999. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Regelin understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Regelin meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that he does not have
diabetic retinopathy. He holds a Class C operator's license from
Oregon.

David R. Smith

    Mr. Smith, 33, has had ITDM since 1988. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifes that Mr. Smith understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Smith meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
optometrist examined him in 2010 and certified that

he does not have diabetic retinopathy. He holds a Class C operator's
license from Maine.

Adam J. Stegenga

    Mr. Stegenga, 28, has had ITDM since 2010. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Stegenga understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Stegenga meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2010 and certified that he does not
have diabetic retinopathy. He holds a Class A CDL from Michigan.

Donald D. Willard

    Mr. Willard, 66, has had ITDM since 1982. His endocrinologist
examined him in 2010 and certified that he has had no severe
hypoglycemic reactions resulting in loss of consciousness, requiring
the assistance of another person, or resulting in impaired cognitive
function that occurred without warning in the past 12 months and no
recurrent (2 or more) severe hypoglycemic episodes in the last 5 years.
His endocrinologist certifies that Mr. Willard understands diabetes
management and monitoring, has stable control of his diabetes using
insulin, and is able to drive a CMV safely. Mr. Willard meets the
requirements of the vision standard at 49 CFR 391.41(b)(10). His
ophthalmologist examined him in 2011 and certified that he has stable
nonproliferative diabetic retinopathy. He holds a Class A CDL from
Iowa.

Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315, FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated in the date section
of the notice.
    FMCSA notes that section 4129 of the Safe, Accountable, Flexible
and Efficient Transportation Equity Act: A Legacy for Users requires
the Secretary to revise its diabetes exemption program established on
September 3, 2003 (68 FR 52441).\1\ The revision must provide for
individual assessment of drivers with diabetes mellitus, and be
consistent with the criteria described in section 4018 of the
Transportation Equity Act for the 21st Century (49 U.S.C. 31305).
---------------------------------------------------------------------------

    \1\ Section 4129(a) refers to the 2003 notice as a ``final
rule.'' However, the 2003 notice did not issue a ``final rule'' but
did establish the procedures and standards for issuing exemptions
for drivers with ITDM.
---------------------------------------------------------------------------

    Section 4129 requires: (1) Elimination of the requirement for 3
years of experience operating CMVs while being treated with insulin;
and (2) establishment of a specified minimum period of insulin use to
demonstrate stable control of diabetes before being allowed to operate
a CMV.
    In response to section 4129, FMCSA made immediate revisions to the
diabetes exemption program established by the September 3, 2003 notice.
FMCSA discontinued use of the 3-year driving experience and fulfilled
the requirements of section 4129 while continuing to ensure that
operation of CMVs by drivers with ITDM will achieve the requisite level
of safety required of all exemptions granted under 49 U.S.C. 31136(e).
    Section 4129(d) also directed FMCSA to ensure that drivers of CMVs
with ITDM are not held to a higher standard than other drivers, with
the exception of limited operating, monitoring and medical requirements
that are deemed medically necessary. The FMCSA concluded that all of
the operating, monitoring and medical requirements set out in the
September 3, 2003 notice, except as modified, were in compliance with
section 4129(d). Therefore, all of the requirements set out in the
September 3, 2003 notice, except as modified by the notice in the
Federal Register on November 8, 2005 (70 FR 67777), remain in effect.

    Issued on: March 21, 2011.
Larry W. Minor,
 Associate Administrator of Policy.
[FR Doc. 2011-7256 Filed 3-28-11; 8:45 am]
BILLING CODE P


[Federal Register Volume 79, Number 150 (Tuesday, August 5, 2014)]
[Notices]
[Pages 45574-45577]
[FR Doc No: 2014-18388]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72714; File No. SR-NYSEArca-2014-41]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Instituting
Proceedings to Determine Whether to Approve or Disapprove Proposed Rule
Change, as Modified by Amendment Nos. 1 and 4 Thereto, Relating to
Listing and Trading of Shares of the Reality Shares DIVS Index ETF
under NYSE Arca Equities Rule 5.2(j)(3)

July 29, 2014.
    On April 11, 2014, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'') \1\
and Rule 19b-4 thereunder,\2\ a proposed rule change to list and trade
shares (``Shares'') of the Reality Shares DIVS Index ETF (``Fund'')
(formerly, Reality Shares Isolated Dividend Growth Index ETF) under
NYSE Arca Equities Rule 5.2(j)(3). The proposed rule change was
published for comment in the Federal Register on April 30, 2014.\3\ On
May 6, 2014, the Exchange filed Amendment No. 1 to the proposed rule
change, which amended and replaced the proposed rule change in its
entirety.\4\ On June 6, 2014, the Exchange filed Amendment No. 4 to the
proposed rule change.\5\ On June 13, 2014, pursuant to Section 19(b)(2)
of the Act,\6\ the Commission designated a longer period within which
to approve the proposed rule change, disapprove the proposed rule
change, or institute proceedings to determine whether to disapprove the
proposed rule change.\7\ The Commission received no comment letters on
the proposed rule change. This Order institutes proceedings under
Section 19(b)(2)(B) of the Act \8\ to determine whether to approve or
disapprove the proposed rule change, as modified by Amendment Nos. 1
and 4 thereto.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 72015 (Apr. 24,
2014), 79 FR 24475 (``Notice'').
    \4\ In Amendment No. 1, the Exchange clarified the valuation of
investments for purposes of calculating net asset value, provided
additional details regarding the dissemination of the Disclosed
Portfolio, and made other minor technical edits to the proposed rule
change. Amendment No. 1 provided clarification to the proposed rule
change, and because it does not materially affect the substance of
the proposed rule change or raise novel or unique regulatory issues,
Amendment No. 1 is not subject to notice and comment.
    \5\ The Exchange filed Amendment No. 2 on June 4, 2014 and
withdrew it on June 5, 2014, and filed Amendment No. 3 on June 5,
2014 and withdrew it on June 6, 2014. Amendment No. 4 supersedes
both Amendment Nos. 2 and 3. In Amendment No. 4, the Exchange
amended the proposal to reflect a name change to the Fund and the
underlying index. Specifically, the Exchange replaced each reference
to ``Reality Shares Isolated Dividend Growth Index ETF'' in the
proposal with ``Reality Shares DIVS Index ETF'' and replaced each
reference to ``Reality Shares Isolated Dividend Growth Index'' in
the proposal with ``Reality Shares DIVS Index.'' Amendment No. 4 is
a technical amendment and is not subject to notice and comment as it
does not materially affect the substance of the filing.
    \6\ 15 U.S.C. 78s(b)(2).
    \7\ See Securities Exchange Act Release No. 72385, 79 FR 35205
(Jun. 19, 2014). The Commission designated a longer period within
which to take action on the proposed rule change and designated July
29, 2014, as the date by which it should approve, disapprove, or
institute proceedings to determine whether to disapprove the
proposed rule change.
    \8\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

I. Description of the Proposal

A. In General

    The Exchange proposes to list and trade Shares of the Fund under
NYSE Arca Equities Rule 5.2(j)(3), which governs the listing and
trading of Investment Company Units on the Exchange.\9\ The Shares of
the Fund will be offered by the Reality Shares ETF Trust (formerly, the
ERNY Financial ETF Trust) (``Trust''). The Trust will be registered
with the Commission as an open-end management investment company.\10\
Reality Shares Advisors, LLC (formerly, ERNY Financial Advisors, LLC)
will serve as the investment adviser to the Fund (``Adviser''). ALPS
Distributors, Inc. will be the principal underwriter and distributor of
the Fund's Shares. The Bank of New York Mellon will serve as
administrator, custodian and transfer agent for the Fund.
---------------------------------------------------------------------------

    \9\ NYSE Arca Equities Rule 5.2(j)(3)(A) provides that an
Investment Company Unit is a security that represents an interest in
a registered investment company that holds securities comprising, or
otherwise based on or representing an interest in, an index or
portfolio of securities (or holds securities in another registered
investment company that holds securities comprising, or otherwise
based on or representing an interest in, an index or portfolio of
securities).
    \10\ According to the Exchange, the Trust will be registered
under the Investment Company Act of 1940 (``1940 Act''). On November
12, 2013, the Trust filed a registration statement on Form N-1A
under the Securities Act of 1933 (``1933 Act'') and under the 1940
Act relating to the Fund, as amended by Pre-Effective Amendment
Number 1, filed with the Commission on February 6, 2014 (File Nos.
333-192288 and 811-22911) (the ``Registration Statement''). The
description of the operation of the Trust and the Fund herein is
based, in part, on the Registration Statement. In addition, the
Commission has issued an order granting certain exemptive relief to
the Trust under the 1940 Act. Investment Company Act Release No.
30678 (Aug. 27, 2013) (``Exemptive Order''). The Exchange states
that investments made by the Fund will comply with the conditions
set forth in the Exemptive Order.
---------------------------------------------------------------------------

B. The Exchange's Description of the Fund

    The Exchange has made the following representations concerning the
Fund.
    The Fund will seek long-term capital appreciation by tracking the
performance of the Reality Shares DIVS Index (``Index''). The Index was
developed and is maintained by Reality Shares, Inc. (``Index
Provider'').\11\ The Adviser is a wholly-owned subsidiary of the Index
Provider. The Index Provider is not registered as an investment adviser
or broker-dealer and is not affiliated with any broker-dealer. The
Adviser is not registered as a broker-dealer and is not affiliated with
any broker-dealer.\12\
---------------------------------------------------------------------------

    \11\ The Index will be calculated by International Data
Corporation, which is not affiliated with the Adviser or the Index
Provider, and which is not a broker-dealer or fund advisor.
Commentary .01(b)(1) to NYSE Arca Equities Rule 5.2(j)(3) provides
that, if the applicable index is maintained by a fund advisor or a
broker-dealer, the fund advisor or broker-dealer shall erect a
``fire wall'' around the personnel who have access to information
concerning changes and adjustments to the index, and the index shall
be calculated by a third party who is not a broker-dealer or fund
advisor.
    \12\ The Adviser and the Index Provider have represented that a
fire wall exists around the respective personnel who have access to
information concerning changes and adjustments to the Index. The
Exchange notes that, in the event (a) the Adviser, any sub-adviser,
or the Index Provider becomes registered as a broker-dealer or newly
affiliated with a broker-dealer, or (b) any new adviser, sub-
adviser, or Index Provider is a registered broker-dealer or becomes
affiliated with a broker-dealer, that entity will implement a fire
wall with respect to their relevant personnel or broker-dealer
affiliate, as applicable, regarding access to information concerning
the composition of or changes to the portfolio and will be subject
to procedures designed to prevent the use and dissemination of
material, non-public information regarding the portfolio.
---------------------------------------------------------------------------

1. Index Methodology
    The Index will be calculated using a proprietary, rules-based
methodology designed to track market expectations for dividend growth
conveyed in real-time using the mid-point of the bid-ask spread on S&P
500 Index options and options on exchange-traded funds (``ETFs'') \13\
designed to track the S&P

500 Index.\14\ All options included in the Index will be listed and
traded on a U.S. national securities exchange. The Index will consist
of a minimum of 20 components.
---------------------------------------------------------------------------

    \13\ For purposes of this proposed rule change, such ETFs
include Investment Company Units (as described in NYSE Arca Equities
Rule 5.2(j)(3)) and Portfolio Depositary Receipts (as described in
NYSE Arca Equities Rule 8.100). The ETFs all will be listed and
traded in the U.S. on registered exchanges. The Fund may not invest
in leveraged or inverse leveraged (e.g., 2X, -2X, 3X, or -3X) ETFs
or options on such ETFs.
    \14\ The Index will not directly measure or track actual
dividend payments or the actual growth in dividend payments, but
will instead track market expectations of dividend growth as implied
by the options that make up the Index.
---------------------------------------------------------------------------

    The prices of index and ETF options reflect the market trading
prices of the securities included in the applicable underlying index or
ETF, as well as market expectations regarding the level of dividends to
be paid on those indexes or ETFs during the term of the option. The
Index constituents, and, therefore, most of the Fund's portfolio
holdings, will consist of multiple corresponding near-term and long-
term put and call option combinations on the same reference assets
(i.e., options on the S&P 500 Index or options on S&P 500 ETFs) with
the same strike price. Because option prices reflect both stock price
and dividend expectations, they can be used in combination to isolate
either price exposure or dividend expectations. The use of near-term
and long-term put and call options combinations on the same reference
asset with the same strike price, but with different maturities, is
designed to gain exposure to the expected dividends reflected in
options on the S&P 500 Index and options on ETFs tracking the S&P 500
Index while neutralizing the impact of stock price movements. According
to the Exchange, over time, the Index will increase or decrease in
value as the dividend spread between the near-term and long-term option
combinations increases or decreases as a result of changing market
expectations for dividend growth.
2. Principal Investments of the Fund
    The Fund will seek long-term capital appreciation and will seek
investment results that, before fees and expenses, generally correspond
to the performance of the Index. At least 80% of the Fund's total
assets (exclusive of collateral held from securities lending, if any)
will be invested in the component securities of the Index. The Fund
will seek a correlation of 0.95 or better between its performance and
the performance of its Index. A figure of 1.00 would represent perfect
correlation. The Fund generally will use a representative sampling
investment strategy.
    The Fund will buy (i.e., hold a ``long'' position in) and sell
(i.e., hold a ``short'' position in) put and call options. The strategy
of taking both a long position in a security through its ex-dividend
date (the last date an investor can own the security and receive
dividends paid on the security) and a corresponding short position in
the same security immediately thereafter is designed to allow the Fund
to isolate its exposure to the growth of the level of dividends
expected to be paid on a security while minimizing its exposure to
changes in the trading price of that security.
    The Fund will buy and sell U.S. exchange-listed options on the S&P
500 Index and U.S. exchange-listed options on ETFs designed to track
the S&P 500 Index. A put option gives the purchaser of the option the
right to sell, and the issuer of the option the obligation to buy, the
underlying security or instrument on a specified date or during a
specified period of time. A call option on a security gives the
purchaser of the option the right to buy, and the writer of the option
the obligation to sell, the underlying security or instrument on a
specified date or during a specified period of time. The Fund will
invest in a combination of put and call options designed to allow the
Fund to isolate its exposure to the growth of the level of expected
dividends reflected in options on the S&P 500 Index and options on ETFs
tracking the S&P 500 Index, while minimizing the Fund's exposure to
changes in the trading price of such securities.
3. Other Investments of the Fund
    While, as described above, at least 80% of the Fund's total assets
(exclusive of collateral held from securities lending, if any) will be
invested in the component securities of the Index, the Fund may invest
up to 20% of the Fund's total assets in other securities and financial
instruments, as described below.
    The Fund may invest in U.S. exchange-listed futures contracts based
on the S&P 500 Index and ETFs designed to track the S&P 500 Index, and
forward contracts based on the S&P 500 Index and ETFs designed to track
the S&P 500 Index. The Fund's use of exchange-listed futures contracts
and forward contracts is designed to allow the Fund to isolate its
exposure to the growth of the level of expected dividends reflected in
options on the S&P 500 Index and options on ETFs tracking the S&P 500
Index, while minimizing the Fund's exposure to changes in the trading
price of such securities. The Fund may also buy and sell OTC options on
the S&P 500 Index and on ETFs designed to track the S&P 500 Index.
    The Fund may enter into dividend and total return swap transactions
(including equity swap transactions) based on the S&P 500 Index and
ETFs designed to track the S&P 500 Index.\15\ In a typical swap
transaction, one party agrees to make periodic payments to another
party (``counterparty'') based on the change in market value or level
of a specified rate, index, or asset. In return, the counterparty
agrees to make periodic payments to the first party based on the return
of a different specified rate, index, or asset. Swap transactions are
usually done on a net basis, with the Fund receiving or paying only the
net amount of the two payments. In a typical dividend swap transaction,
the Fund would pay the swap counterparty a premium and would be
entitled to receive the value of the actual dividends paid on the
subject index during the term of the swap contract. In a typical total
return swap, the Fund might exchange long or short exposures to the
return of the underlying securities or index to isolate the value of
the dividends paid on the underlying securities or index constituents.
The Fund also may engage in interest rate swap transactions. In a
typical interest rate swap transaction one stream of future interest
payments is exchanged for another. Such transactions often take the
form of an exchange of a fixed payment for a variable payment based on
a future interest rate. The Fund intends to use interest rate swap
transactions to manage or hedge exposure to interest rate fluctuations.
---------------------------------------------------------------------------

    \15\ The Fund will transact only with swap dealers that have in
place an ISDA agreement with the Fund.
---------------------------------------------------------------------------

    The Fund may invest up to 20% of its assets (exclusive of
collateral held from securities lending, if any) in exchange-listed
equity securities and derivative instruments (specifically, futures
contracts, forward contracts, and swap transactions) \16\ relating to
the Index and its component securities that the Adviser believes will
help the Fund track the Index. For example, the Fund may buy and sell
ETFs and, to a limited extent, individual large-capitalization equity
securities listed and traded on a U.S. national securities exchange.
---------------------------------------------------------------------------

    \16\ Where practicable, the Fund intends to invest in swaps
cleared through a central clearing house (``Cleared Swaps'').
Currently, only certain of the interest rate swaps in which the Fund
intends to invest are Cleared Swaps, while the dividend and total
return swaps (including equity swaps) in which the Fund may invest
are currently not Cleared Swaps.
---------------------------------------------------------------------------

    The Fund may invest in the securities of other investment companies

(including money market funds) to the extent permitted under the 1940
Act.
    The Fund's short positions and its investments in swaps, futures
contracts, forward contracts, and options based on the S&P 500 Index
and ETFs designed to track the S&P 500 Index will be backed by
investments in cash, high-quality short-term debt securities, and
money-market instruments in an amount equal to the Fund's maximum
liability under the applicable position or contract, or will otherwise
be offset in accordance with Section 18 of the 1940 Act. Short-term
debt securities and money market instruments include shares of fixed
income or money market mutual funds, commercial paper, certificates of
deposit, bankers' acceptances, U.S. Government Securities (including
securities issued or guaranteed by the U.S. government or its
authorities, agencies, or instrumentalities), repurchase
agreements,\17\ and bonds that are rated BBB or higher.
---------------------------------------------------------------------------

    \17\ The Fund may enter into repurchase agreements with banks
and broker-dealers. A repurchase agreement is an agreement under
which securities are acquired by a fund from a securities dealer or
bank subject to resale at an agreed-upon price on a later date. The
acquiring fund bears a risk of loss in the event that the other
party to a repurchase agreement defaults on its obligations and the
fund is delayed or prevented from exercising its rights to dispose
of the collateral securities.
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    In addition to the investments described above, and in a manner
consistent with its investment objective, the Fund may invest a limited
portion of its net assets in high-quality, short-term debt securities
and money market instruments for cash management purposes.\18\
---------------------------------------------------------------------------

    \18\ The Fund may invest in shares of money market mutual funds
to the extent permitted by the 1940 Act.
---------------------------------------------------------------------------

    The Fund will attempt to limit counterparty risk in non-cleared
swap, forward, and OTC option contracts by entering into such contracts
only with counterparties the Adviser believes are creditworthy and by
limiting the Fund's exposure to each counterparty. The Adviser will
monitor the creditworthiness of each counterparty and the Fund's
exposure to each counterparty on an ongoing basis.\19\
---------------------------------------------------------------------------

    \19\ The Fund will seek, where possible, to use counterparties,
as applicable, whose financial status is such that the risk of
default is reduced; however, the risk of losses resulting from
default is still possible. The Adviser will evaluate the
creditworthiness of counterparties on an ongoing basis. In addition
to information provided by credit agencies, the Adviser will
evaluate each approved counterparty using various methods of
analysis, such as, for example, the counterparty's liquidity in the
event of default, the counterparty's reputation, the Adviser's past
experience with the counterparty, and the counterparty's share of
market participation.
---------------------------------------------------------------------------

    The Exchange represents that the Fund's investments in swaps,
futures contracts, forward contracts, and options will be consistent
with the Fund's investment objective and with the requirements of the
1940 Act.\20\
---------------------------------------------------------------------------

    \20\ To limit the potential risk associated with such
transactions, the Fund will segregate or ``earmark'' assets
determined to be liquid by the Adviser in accordance with procedures
established by the Trust's Board of Trustees and in accordance with
the 1940 Act (or, as permitted by applicable regulation, will enter
into certain offsetting positions) to cover its obligations arising
from such transactions. These procedures have been adopted
consistent with Section 18 of the 1940 Act and related Commission
guidance. In addition, the Fund will include appropriate risk
disclosure in its offering documents, including leveraging risk.
Leveraging risk is the risk that certain transactions of the Fund,
including the Fund's use of derivatives, may give rise to leverage,
causing the Fund to be more volatile than if it had not been
leveraged. To mitigate leveraging risk, the Adviser will segregate
or ``earmark'' liquid assets or otherwise cover the transactions
that may give rise to such risk.
---------------------------------------------------------------------------

4. Investment Restrictions of the Fund
    To the extent the Index concentrates (i.e., holds 25% or more of
its total assets) in the securities of a particular industry or group
of industries, the Fund will concentrate its investments to
approximately the same extent as the Index.
    The Fund may hold up to an aggregate amount of 15% of its net
assets in assets (calculated at the time of investment) deemed illiquid
by the Adviser, consistent with Commission guidance.\21\ The Fund will
monitor its portfolio liquidity on an ongoing basis to determine
whether, in light of current circumstances, an adequate level of
liquidity is being maintained, and will consider taking appropriate
steps in order to maintain adequate liquidity if, through a change in
values, net assets, or other circumstances, more than 15% of the Fund's
net assets are held in illiquid assets. Illiquid assets include
securities subject to contractual or other restrictions on resale and
other instruments that lack readily available markets as determined in
accordance with Commission staff guidance.
---------------------------------------------------------------------------

    \21\ In reaching liquidity decisions, the Adviser may consider
the following factors: The frequency of trades and quotes for the
security; the number of dealers wishing to purchase or sell the
security and the number of other potential purchasers; dealer
undertakings to make a market in the security; and the nature of the
security and the nature of the marketplace in which it trades (e.g.,
the time needed to dispose of the security, the method of soliciting
offers, and the mechanics of transfer).
---------------------------------------------------------------------------

    The Fund may make secured loans of its portfolio securities;
however, securities loans will not be made if, as a result, the
aggregate amount of all outstanding securities loans by the Fund
exceeds 33 1/3% of its total assets (including the market value of
collateral received). To the extent the Fund engages in securities
lending, securities loans will be made to broker-dealers that the
Adviser believes to be of relatively high credit standing pursuant to
agreements requiring that the loans continuously be collateralized by
cash, liquid securities, or shares of other investment companies with a
value at least equal to the market value of the loaned securities.
    The Fund will be classified as a ``non-diversified'' investment
company under the 1940 Act and intends to qualify for, and to elect
treatment as, a separate regulated investment company under Subchapter
M of the Internal Revenue Code. The Exchange represents that the Fund's
investments will be consistent with its investment objective and will
not be used to provide multiple returns of a benchmark or to produce
leveraged returns.

II. Proceedings To Determine Whether To Approve or Disapprove SR-
NYSEArca-2014-41 and Grounds for Disapproval Under Consideration

    The Commission is instituting proceedings pursuant to Section
19(b)(2)(B) of the Act \22\ to determine whether the proposed rule
change should be approved or disapproved. Institution of such
proceedings is appropriate at this time in view of the legal and policy
issues raised by the proposed rule change. Institution of proceedings
does not indicate that the Commission has reached any conclusions with
respect to any of the issues involved. Rather, as described below, the
Commission seeks and encourages interested persons to provide comments
on the proposed rule change.
---------------------------------------------------------------------------

    \22\ 15 U.S.C. 78s(b)(2)(B).
---------------------------------------------------------------------------

    Pursuant to Section 19(b)(2)(B) of the Act,\23\ the Commission is
providing notice of the grounds for disapproval under consideration.
The Commission is instituting proceedings to allow for additional
analysis of the proposed rule change's consistency with Section 6(b)(5)
of the Act, which requires, among other things, that the rules of a
national securities exchange be ``designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade,'' and ``to protect investors and the public
interest.'' \24\
---------------------------------------------------------------------------

    \23\ Id.
    \24\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

III. Procedure: Request for Written Comments

    The Commission requests that interested persons provide written

submissions of their views, data, and arguments with respect to the
issues identified above, as well as any other concerns they may have
with the proposal. In particular, the Commission invites the written
views of interested persons concerning whether the proposal is
consistent with Section 6(b)(5) or any other provision of the Act, or
the rules and regulations thereunder. Although there do not appear to
be any issues relevant to approval or disapproval that would be
facilitated by an oral presentation of views, data, and arguments, the
Commission will consider, pursuant to Rule 19b-4, any request for an
opportunity to make an oral presentation.\25\
---------------------------------------------------------------------------

    \25\ Section 19(b)(2) of the Act, as amended by the Securities
Act Amendments of 1975, Public Law 94-29 (June 4, 1975), grants the
Commission flexibility to determine what type of proceeding--either
oral or notice and opportunity for written comments--is appropriate
for consideration of a particular proposal by a self-regulatory
organization. See Securities Act Amendments of 1975, Senate Comm. on
Banking, Housing & Urban Affairs, S. Rep. No. 75, 94th Cong., 1st
Sess. 30 (1975).
---------------------------------------------------------------------------

    Interested persons are invited to submit written data, views, and
arguments regarding whether the proposal should be approved or
disapproved by August 26, 2014. Any person who wishes to file a
rebuttal to any other person's submission must file that rebuttal by
September 9, 2014.
    The Commission asks that commenters address the sufficiency of the
Exchange's statements in support of the proposal, which are set forth
in the Notice,\26\ as modified by Amendment Nos. 1 and 4 to the
proposed rule change, in addition to any other comments they may wish
to submit about the proposed rule change. In particular, the Commission
seeks comment on the following:
---------------------------------------------------------------------------

    \26\ See supra note 3.
---------------------------------------------------------------------------

    1. Because the Index is designed to reflect changes in market
expectations of future dividend growth, rather than to track actual
dividend growth, is the Fund's investment strategy fundamentally based
on an assumption that the options markets systemically underprice
dividend growth? What are commenters' views regarding whether investors
would be able to understand the strategy, risks, potential rewards,
assumptions, and expected performance of the Fund's strategy?
    2. With respect to the trading of the Shares on the Exchange, do
commenters believe that the Exchange's rules governing sales practices
are adequately designed to ensure the suitability of recommendations
regarding the Shares? Why or why not? If not, should the Exchange's
rules governing sales practices be enhanced? If so, in what ways?
    3. How closely do commenters think the market price of the Shares
will track the Fund's intraday indicative value (``IIV'') or the
intraday value of the Index? Are certain of these values likely to be
more volatile than others? If so, how would this affect trading in the
Shares? Are the Shares likely to trade with a significant premium or
discount to IIV? What are commenters' views of how effectively the IIV
of the Fund would represent the Fund's portfolio? What are commenters'
views of how the Shares' market price, the Fund's IIV, and the intraday
value of the Index will relate to one another during times of market
stress?
    4. Does the liquidity of the long-dated options in which the Fund
will invest differ materially from that of the short-dated options in
which the Fund will invest? If so, how would that affect the ability of
market makers to engage in arbitrage or to hedge their positions while
making a market in the Shares? Would the liquidity characteristics of
the Index components or of the options in the Fund's portfolio affect
the calculation of the Index value, the calculation of the Fund's IIV,
the calculation of the Fund's NAV, or the ability of market makers or
other market participants to value the Shares? If so, how?
    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-NYSEArca-2014-41 on the subject line.

Paper Comments

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

All submissions should refer to File Numbers SR-NYSEArca-2014-41. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of these filings 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,2014-41 and should
be submitted on or before August 26, 2014. Rebuttal comments should be
submitted by September 9, 2014.

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

    \27\ 17 CFR 200.30-3(a)(57).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-18388 Filed 8-4-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: December 20, 2006 (Volume 71, Number 244)]
[Notices]
[Page 76396-76397]
[DOCID:fr20de06-137]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-54922; File No. SR-CHX-2006-36]

Self Regulatory Organizations; Chicago Stock Exchange, Inc.;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Relating to Participant Fees and Credits

 December 12, 2006.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on November 16, 2006, the Chicago Stock Exchange, Inc. (``CHX'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I, II
and III below, which Items have been prepared by the CHX. The Exchange
has filed this proposal pursuant to Section 19(b)(3)(A) of the Act \3\
and Rule 19b-4(f)(2) thereunder,\4\ which renders the proposal
effective upon filing with the Commission. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ 15 U.S.C. 78s(b)(3)(A).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

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

    The CHX proposes to amend its Schedule of Participant Fees and
Credits (the ``Fee Schedule'') to include a fee for receiving orders
routed through the CHX communications or routing functionality. The
text of this proposed rule change is available on the Exchange's Web
site (http://www.chx.com/rules/proposed_rules.htm) at the Exchange's

Office of the Secretary, and at the Commission's Public Reference Room.

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

    In its filing with the Commission, the CHX included statements
concerning the purpose of and basis for the proposed rule changes and
discussed any comments it received regarding the proposal. The text of
these statements may be examined at the places specified in Item IV
below. The CHX 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 Changes

1. Purpose
    As part of the Exchange's new trading model, the Exchange proposes
to operate a neutral communications service that allows its
participants to route orders to any destination connected to the CHX's
network. This service would allow participants to route orders to
market makers or other broker-dealers connected to the CHX's network,
which provide order handling and execution services in the over-the-
counter market; and to other destinations (including order-routing
vendors) that are connected to the CHX's network.\5\ (To the extent
that this service routes orders to destinations other than the Exchange
and its institutional brokers, it is called the Exchange's ``wide area
network'' or ``WAN''). The WAN would not effect trade executions and
would not report trades to ``the tape.'' The WAN would be a facility of
the Exchange.
---------------------------------------------------------------------------

    \5\ Participants would also use this communications service to
route orders to the Exchange's matching System and to its
institutional brokers.
---------------------------------------------------------------------------

    This proposal would establish a $5,000 monthly fee for any
participant that receives orders through the WAN. The monthly fee would
be prorated in the month that a participant first begins using the
service, based on the participant's first date of use. The fee would
not be assessed until January 1, 2007, to allow the full implementation
of the Exchange's new trading model to be completed before the fee is
put into effect.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b)(4) of the Act \6\ in that it provides for the
equitable allocation of reasonable dues, fees and other charges among
its members who might seek to receive orders using the WAN service.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78(f)(b)(4).
---------------------------------------------------------------------------

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

    The Exchange does not believe that the proposed rule changes 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 Changes Received From Members, Participants or Others

    No written comments were either solicited or received.

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

    Because the foregoing rule change establishes or changes a due, fee
or other charge applicable only to a member,\7\ it therefore has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(2) thereunder.\9\ At any time within 60 days of the filing of such
rule change, the Commission may summarily abrogate 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 purpose of the Act.
---------------------------------------------------------------------------

    \7\ Under Article I, Rule 1(t) of the Exchange's rules, an
Exchange `` participant'' is considered a ``member'' for all
purposes under the Act.
    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposal 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 e-mail to<EMAIL_ADDRESS>Please include File

Number SR-CHX-2006-36 on the subject line.

Paper Comments

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

All submissions should refer to File No. SR-CHX-2006-36. 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 changes between the
Commission and any person, other than those that may be withheld from
the public in accordance with the provisions of 5 U.S.C. 552, will be
available for inspection and copying in the Commission's Public
Reference Room. Copies of such filing will also be available for
inspection and copying at the principal office of the CHX. 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 No. SR-CHX-2006-36 and should be
submitted on or before January 10, 2007.

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E6-21655 Filed 12-19-06; 8:45 am]

BILLING CODE 8011-01-P