[Federal Register Volume 77, Number 139 (Thursday, July 19, 2012)]
[Notices]
[Pages 42533-42535]
[FR Doc No: 2012-17549]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67435; File No. SR-NYSEArca-2012-45]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change Amending Its Rules To Reflect the
Merger of Archipelago Holdings, Inc. (``Archipelago Holdings''), An
Intermediate Holding Company, Into and With NYSE Group, Inc., Thereby
Eliminating Archipelago Holdings From the Ownership Structure of the
Exchange

 July 13, 2012.

I. Introduction

    On May 14, 2012, NYSE Arca, Inc. (``NYSE Arca'' or ``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\ proposed rule changes to
reflect the merger of Archipelago Holdings, Inc. (``Archipelago
Holdings''), an intermediate holding company, into and with NYSE Group,
Inc. (``NYSE Group''), thereby eliminating Archipelago Holdings from
the ownership structure of the Exchange (the ``Merger''). The proposed
rule changes were published for comment in the Federal Register on May
31, 2012.\3\ The Commission received no comment letters on the
proposal. The Commission has reviewed carefully the proposed rule
changes and finds that the proposed rule changes are consistent with
the requirements of the Act and the rules and regulations thereunder
applicable to a national securities exchange.\4\ This order approves
the proposed rule changes.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 67058 (May 31,
2012), 77 FR 32155 (``Notice'').
    \4\ In approving the proposed rule changes, the Commission has
considered their impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
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II. Description

    NYSE Euronext intends to merge Archipelago Holdings with and into
NYSE Group, effective following approval of the proposed rule
change.\5\ According to the Exchange, the reason for the Merger is to
eliminate an unnecessary intermediate holding company.\6\ Following the
Merger, the Exchange would continue to be wholly-owned by NYSE Arca
Holdings, which in turn would be wholly-owned by NYSE Group, which in
turn would be wholly-owned by NYSE Euronext.
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    \5\ Currently, NYSE Arca Holdings, Inc. (``NYSE Arca Holdings'')
owns all of the equity interest of the Exchange. Archipelago
Holdings owns all of the equity interest of NYSE Arca Holdings, and
NYSE Group owns all of the equity interest of Archipelago Holdings.
NYSE Euronext owns all of the equity interest of NYSE Group.
    \6\ See Notice, 77 FR at 32156.
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    The Exchange has submitted its proposal to (i) Amend and restate
the Amended and Restated Certificate of Incorporation of NYSE Arca
Holdings, Inc. (the ``NYSE Arca Holdings Certificate''), (ii) amend and
restate the NYSE Arca Holdings, Inc. Bylaws (``NYSE Arca Holdings
Bylaws'') as required by the NYSE Arca Holdings Certificate, (iii)
amend the rules of NYSE Arca and NYSE Arca Equities, Inc., (iv) delete
in its entirety the Amended and Restated Certificate of Archipelago
Holdings (``Archipelago

Holdings Certificate''), (v) delete in its entirety the Amended and
Restated Bylaws of Archipelago Holdings (``Archipelago Holdings
Bylaws'') and (vi) file the resolution (the ``Resolution'') of the
Board of Directors of NYSE Arca Holdings (the ``Board'') in connection
with the Merger.
    Section 19(b) of the Act and Rule 19b-4 thereunder require a self-
regulatory organization (``SRO'') to file proposed rule changes with
the Commission. Although NYSE Arca Holdings and Archipelago Holdings
are not SROs, the NYSE Arca Holdings Certificate, NYSE Arca Holdings
Bylaws, Archipelago Holdings Certificate, and Archipelago Holdings
Bylaws, along with other corporate documents, are rules of the Exchange
\7\ and must be filed with the Commission pursuant to Section 19(b)(4)
of the Act and Rule 19b-4 thereunder. Accordingly, the Exchange filed
the NYSE Arca Holdings Certificate and NYSE Arca Holdings Bylaws with
the Commission, along with other corporate governance documents.\8\
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    \7\ See Section 3(a)(27) of the Act, 15 U.S.C. 78c(a)(27).
    \8\ See proposed Second Amended and Restated Certificate of
Incorporation of NYSE Arca Holdings, attached as Exhibit A to the
Notice; proposed Amended and Restated Bylaws of NYSE Arca Holdings,
attached as Exhibit B to the Notice. The Exchange also filed the
proposed rule changes to its rules as well as the rules of NYSE Arca
Equities, Inc., attached as Exhibit C to the Notice. The Exchange
also proposes to delete the entirety of the Amended and Restated
Certificate of Incorporation of Archipelago Holdings and the Amended
and Restated Bylaws of Archipelago Holdings, attached as Exhibit D
and Exhibit E, respectively, to the Notice. The Exchange also filed
the Resolution made by the Board as Exhibit F to the Notice. These
exhibits are available on the Commission's Web site (http://www.sec.gov/rules/sro.shtml) and at the Commission's Public
Reference Room.
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A. Waiver of the NYSE Arca Holdings Ownership and Voting Limits

    The NYSE Arca Holdings Certificate imposes certain ownership and
voting restrictions on the shares of NYSE Arca Holdings. Specifically,
Article 9, Section 1(b)(i) of the NYSE Arca Holdings Certificate
provides that for so long as NYSE Arca Holdings directly or indirectly
controls the Exchange, no Person either alone or together with its
Related Persons,\9\ may own, directly or indirectly, of record or
beneficially shares of the capital stock (whether common or preferred
stock) of NYSE Arca Holdings constituting more than 40% of the
outstanding shares of any class of capital stock of NYSE Arca Holdings
(the ``Ownership Limit'') unless the Board has adopted an amendment to
the NYSE Arca Holdings Bylaws waiving such a restriction. In connection
with such amendment, the Board must adopt resolutions stating that:
such amendment will not impair the ability of the Exchange to carry out
its functions and responsibilities under the Securities Exchange Act of
1934, as amended (the ``Act''), and the rules thereunder; is otherwise
in the best interests of NYSE Arca Holdings, its stockholders, and the
Exchange; and will not impair the ability of the Commission to enforce
the Act. Such amendment is not effective until approved by the
Commission. The Board also must find that no such Person or Related
Person is subject to a statutory disqualification under Section
3(a)(39) of the Act. Similarly, Article 9, Section 1(c) of the NYSE
Arca Holdings Certificate provides that no Person, either alone or
together with its Related Persons, may directly or indirectly vote more
than 20% of the shares of NYSE Arca Holdings (the ``Voting Limit'')
unless the Board adopts an amendment to the NYSE Arca Holdings Bylaws
waiving such a restriction and, in connection with such amendment,
adopts resolutions and makes a determination with respect to statutory
disqualification substantially the same as those described above for
the Ownership Limit.\10\
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    \9\ The terms ``Person'' and ``Related Persons'' are defined in
the NYSE Arca Holdings Certificate.
    \10\ Article 9, Section 4 of the NYSE Arca Holdings Certificate
currently provides certain exceptions to these ownership and voting
restrictions for Archipelago Holdings.
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    The Board made these findings as set forth in the Resolution. The
Board found, in pertinent part, that (1) The Merger will not impair the
ability of the Exchange to carry out its functions and responsibilities
as an ``exchange'' under the Act and the rules promulgated thereunder;
(2) the Merger will not impair the ability of the Commission to enforce
the Act; (3) neither NYSE Group nor any of its Related Persons is
subject to any applicable ``statutory disqualification'' within the
meaning of Section 3(a)(39) of the Act; and (4) neither NYSE Group nor
any of its Related Persons is an ETP Holder of NYSE Arca Equities, Inc.
or an OTP Firm of the Exchange, except as permitted by Article 9,
Section 4 of the NYSE Arca Holdings Certificate.
    The Exchange also proposes to amend the NYSE Arca Holdings Bylaws
by adding a new Article 11 that sets forth the waiver of the Ownership
and Voting Limits, as required by the NYSE Arca Holdings Certificate,
solely for purposes of the Merger.

B. Changes in Corporate Structure and Deletion of Duplicative or
Obsolete Text

    The proposed rule changes reflect the elimination of Archipelago
Holdings from the Exchange's ownership structure and delete duplicative
or obsolete text. For example, the Exchange proposes to replace
references to Archipelago Holdings in Article 9, Section 4 of the NYSE
Arca Holdings Certificate with references to NYSE Group. In addition,
the Exchange proposes to delete the last sentence of that section,
which relates to certain voting and ownership restrictions that were
put in place when the Exchange combined with the New York Stock
Exchange in 2005 but have been superseded by other requirements.\11\
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    \11\ See Notice, 77 FR at 32156; see also Securities Exchange
Act Release No. 55294 (Feb. 14, 2007), 72 FR 8046 (Feb. 22, 2007)
(SR-NYSEArca-2007-05); see also Securities Exchange Act Release No.
55293 (Feb. 14, 2007), 72 FR 8033 (Feb. 22, 2007) (SR-NYSE-2006-
120).
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    The Exchange proposes to delete in its entirety the text of the
Archipelago Holdings Certificate and the Archipelago Holdings Bylaws
because Archipelago Holdings will no longer exist upon consummation of
the Merger. Accordingly, these documents will no longer be rules of the
Exchange.\12\
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    \12\ Other changes include amending the NYSE Arca Holdings
Bylaws to change references to the Pacific Exchange, Inc. to NYSE
Arca, Inc.; changing references to PCX Holdings, Inc. to NYSE Arca
Holdings; and deleting obsolete references to trading in minimum
lots. The Exchange also proposes to delete NYSE Arca Rule 1.1(cc)
and (gg), which set forth the definitions for Archipelago Holdings
and Related Person, and to delete NYSE Arca Rule 3.4, which sets
forth ownership and voting restrictions for Archipelago Holdings.
Upon the elimination of Archipelago Holdings, NYSE Group would be
the next holding company, and voting and ownership restrictions are
currently set forth in its Second Amended and Restated Certificate
of Incorporation of NYSE Group, Inc. (``NYSE Group Certificate'') in
Article IV, Section 4(b). NYSE Arca Equities Rule 14.3(b) provides
that all officers and directors of Archipelago Holdings shall be
deemed to be officers and directors of the Exchange and NYSE Arca
Equities for purposes of, and subject to oversight pursuant to, the
Act. NYSE Arca Equities Rule 14.3(d) provides that Archipelago
Holdings must maintain all books and records related to the Exchange
within the United States. The Exchange proposes to delete this text
and make a conforming change to NYSE Arca Equities Rule 14.3(c).
Comparable provisions are already contained in NYSE Group's
governing documents. The Exchange notes that, under Article IX of
the NYSE Group Certificate, NYSE Group's directors and officers
already are subject to the jurisdiction of the Commission, and under
Article X, NYSE Group's books and records relating to the Exchange
must be maintained within the United States. See Notice, 77 FR at
32156.
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Discussion

    The Commission finds that the proposed rule changes are consistent
with the requirements of the Act and the rules and regulations
thereunder applicable to a national securities

exchange.\13\ Specifically, the Commission finds that the proposal is
consistent with Section 6(b)(5) of the Act,\14\ 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, to foster cooperation
and coordination with persons engaged in facilitating transactions in
securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in general, to
protect investors and the public interest.
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    \13\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \14\ 15 U.S.C. 78f(b)(5).
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    The proposal would accommodate the merger of Archipelago Holdings,
an intermediate holding company, into and with NYSE Group, thereby
eliminating Archipelago Holdings from the ownership structure of the
Exchange. The Commission notes that the proposed rule changes would
otherwise have no substantive impact on other rules of the Exchange,
including those concerning the voting and ownership restrictions that
currently apply to the Exchange and its affiliates.\15\ The Exchange
would continue as an indirect wholly-owned subsidiary of NYSE Euronext.
In addition, the Commission notes that the Board made certain findings
set forth in the Resolution that the direct ownership of NYSE Arca
Holdings by NYSE Group as contemplated by the Merger is in the best
interests of NYSE Arca Holdings, its shareholders, and the Exchange. In
addition, the Board found that neither NYSE Group, nor any of its
Related Persons, is (1) An ETP Holder of NYSE Arca Equities, Inc.
(except as otherwise permitted by the NYSE Arca Holdings Certificate)
(2) an OTP Holder of the Exchange (except as otherwise permitted by the
NYSE Arca Holdings Certificate); or (3) subject to any ``statutory
disqualification.'' \16\
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    \15\ See supra note 11.
    \16\ See Resolution.
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    In light of these representations and findings, the Commission
believes that the proposed rule changes are consistent with the Act and
will not impair the ability of the Commission or the Exchange to
discharge their respective responsibilities under the Act.

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\17\ that the proposed rule change (SR-NYSEArca-2012-45) be, and it
hereby is, approved.
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    \17\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
Kevin M. O'Neill,
Deputy Secretary.
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    \18\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2012-17549 Filed 7-18-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 55 (Friday, March 21, 2014)]
[Rules and Regulations]
[Pages 15702-15704]
[FR Doc No: 2014-06228]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2011-0012; FRL-9907-41]

Heat-killed Burkholderia spp. Strain A396 Cells and Spent
Fermentation Media; Exemption From the Requirement of a Tolerance

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This regulation establishes an exemption from the requirement
of a tolerance for residues of heat-killed Burkholderia spp. strain
A396 cells and spent fermentation media in or on all food commodities
when applied as a biological insecticide to agricultural crops and used
in accordance with label directions and good agricultural practices.
Marrone Bio Innovations, Inc., submitted a petition to the EPA under
the Federal Food, Drug, and Cosmetic Act (FFDCA) requesting an
exemption from the requirement of a tolerance. This regulation
eliminates the need to establish a maximum permissible level for
residues of heat-killed Burkholderia spp. strain A396 cells and spent
fermentation media under FFDCA.

DATES: This regulation is effective March 21, 2014. Objections and
requests for hearings must be received on or before May 20, 2014, and
must be filed in accordance with the instructions provided in 40 CFR
part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).

ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2011-0012, is available at http://www.regulations.gov or at the Office of Pesticide Programs

Regulatory Public Docket (OPP Docket) in the Environmental Protection
Agency Docket Center (EPA/DC), EPA West Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington, DC 20460-0001. The Public Reading
Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone number for the Public Reading
Room is<PHONE_NUMBER>, and the telephone number for the OPP Docket is
(703) 305-5805. Please review the visitor instructions and additional
information about the docket available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Michael Glikes, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. How can I get electronic access to other related information?

    You may access a frequently updated electronic version of 40 CFR
part 180 through the Government Printing Office's e-CFR site at http://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.

C. How can I file an objection or hearing request?

    Under FFDCA section 408(g), 21 U.S.C. 346a(g), any person may file
an objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by the EPA, you must
identify docket ID number EPA-HQ-OPP-2011-0012 in the subject line on
the first page of your submission. All objections and requests for a
hearing must be in writing, and must be received by the Hearing Clerk
on or before May 20, 2014. Addresses for mail and hand delivery of
objections and hearing requests are provided in 40 CFR 178.25(b).
    In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2011-0012, by one of
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
     Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.htm.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

II. Background

    In the Federal Register of February 25, 2011 (76 FR 10587) (FRL-
8863-4), EPA issued a notice pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide tolerance
petition (PP 0F7778) by Marrone Bio Innovations, Inc. 2121 Second
Street, Suite B-107, Davis, CA 95618. The petition requested that 40
CFR part 180 be amended by establishing an exemption from the
requirement of a tolerance for residues of Burkholderia spp. strain
A396. Subsequently, the applicant modified its manufacturing process
and changed the active ingredient from a live microbe to one that is
inactivated by applying high temperatures during the production of the
manufacturing product. Hence, the active ingredient in the end-use
product applied to crops is ``heat-killed.'' The notice referenced a
summary of the petition prepared by the petitioner, Marrone Bio
Innovations Inc., which is available in the docket via http://www.regulations.gov. There were no comments received in response to the
notice of filing.

III. Final Rule

A The EPA's Safety Determination

    Section 408(c)(2)(A)(i) of FFDCA allows EPA to establish an
exemption from the requirement for a tolerance (the legal limit for a
pesticide chemical residue in or on a food) only if EPA determines that
the exemption is ``safe.'' Section 408(c)(2)(A)(ii) of FFDCA defines
``safe'' to mean that ``there is a reasonable certainty that no harm
will result from aggregate exposure to the pesticide chemical residue,
including all anticipated dietary exposures and all other exposures for
which there is reliable information.'' Pursuant to FFDCA section
408(c)(2)(B), in establishing or maintaining in effect an exemption
from the requirement of a tolerance, EPA must take into account the
factors set forth in FFDCA section 408(b)(2)(C), which require EPA to
give special consideration to exposure of infants and children to the
pesticide chemical residue in establishing a tolerance exemption and to
``ensure that there is a reasonable certainty that no harm will result
to infants and children from aggregate exposure to the pesticide
chemical residue. . . .'' Additionally, FFDCA section 408(b)(2)(D)
requires that EPA consider ``available information concerning the
cumulative effects of [a particular pesticide's] . . . residues and
other substances that have a common mechanism of toxicity.''
    EPA evaluated the available toxicity and exposure data on heat-
killed Burkholderia spp. strain A396 cells and spent fermentation media
and considered its validity, completeness, and reliability, as well as
the relationship of this information to human risk. Based upon that
evaluation, EPA concludes that there is a reasonable certainty that no
harm will result to the U.S. population, including infants and
children, from aggregate exposure to residues of heat-killed
Burkholderia spp. strain A396 cells and spent fermentation media.
Therefore, an exemption from the requirement of a tolerance is
established for residues of heat-killed Burkholderia spp. strain A396
cells and spent fermentation media in or on all food commodities when
applied to elicit induced systemic resistance in plants and used in
accordance with label directions and good agricultural practices. A
full explanation of the data upon which EPA

relied and its risk assessment based on that data can be found within
the February 28, 2014 document entitled ``Federal Food, Drug, and
Cosmetic Act (FFDCA) Considerations for Heat-killed Burkholderia spp.
strain A396 cells and spent fermentation media.'' This document, as
well as other relevant information, is available in the docket for this
action as described under ADDRESSES.

B. Analytical Enforcement Methodology

    An analytical method is not required for enforcement purposes for
the reasons stated above and in the aforementioned February 28, 2014
document, and because EPA is establishing an exemption from the
requirement of a tolerance without any numerical limitation.

C. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. In this
context, EPA considers the international maximum residue limits (MRLs)
established by the Codex Alimentarius Commission (Codex), as required
by FFDCA section 408(b)(4). The Codex Alimentarius is a joint United
Nations Food and Agriculture Organization/World Health Organization
food standards program, and it is recognized as an international food
safety standards-setting organization in trade agreements to which the
United States is a party. EPA may establish a tolerance that is
different from a Codex MRL; however, FFDCA section 408(b)(4) requires
that EPA explain the reasons for departing from the Codex level.
    The Codex has not established a MRL for heat-killed Burkholderia
spp. strain A396 cells and spent fermentation media.

IV. Statutory and Executive Order Reviews

    This final rule establishes a tolerance exemption under FFDCA
section 408(d) in response to a petition submitted to EPA. The Office
of Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this final rule has
been exempted from review under Executive Order 12866, this final rule
is not subject to Executive Order 13211, entitled ``Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use'' (66 FR 28355, May 22, 2001), or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This final rule does not contain
any information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
    Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance
exemption in this final rule, do not require the issuance of a proposed
rule, the requirements of the Regulatory Flexibility Act (RFA) (5
U.S.C. 601 et seq.) do not apply.
    This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes. As a result, this
action does not alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, EPA determined that this action
will not have a substantial direct effect on States or tribal
governments, on the relationship between the national government and
the States or tribal governments, or on the distribution of power and
responsibilities among the various levels of government or between the
Federal Government and Indian tribes. Thus, EPA determined that
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 10,
1999), and Executive Order 13175, entitled ``Consultation and
Coordination with Indian Tribal Governments'' (65 FR 67249, November 9,
2000), do not apply to this final rule. In addition, this final rule
does not impose any enforceable duty or contain any unfunded mandate as
described under Title II of the Unfunded Mandates Reform Act of 1995
(UMRA) (2 U.S.C. 1501 et seq.).
    This action does not involve any technical standards that would
require EPA consideration of voluntary consensus standards pursuant to
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (NTTAA) (15 U.S.C. 272 note).

V. Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
EPA will submit a report containing this rule and other required
information to the U.S. Senate, the U.S. House of Representatives, and
the Comptroller General of the United States prior to publication of
the rule in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.

    Dated: February 28, 2014.
Steve Bradbury,
Director, Office of Pesticide Programs.

    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority: 21 U.S.C. 321(q), 346a and 371.

0
2. Add Sec.  180.1325 to subpart D to read as follows:

Sec.  180.1325  Heat-killed Burkholderia spp. strain A396 cells and
spent fermentation media exemption from the requirement of a tolerance.

    An exemption from the requirement of a tolerance is established for
residues of heat-killed Burkholderia spp. strain A396 cells and spent
fermentation media in or on all food commodities when applied as a
biological insecticide to agricultural crops and used in accordance
with label directions and good agricultural practices.

[FR Doc. 2014-06228 Filed 3-20-14; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 75, Number 248 (Tuesday, December 28, 2010)]
[Rules and Regulations]
[Pages 81441-81442]
[FR Doc No: 2010-32574]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 71

[Docket No. FAA-2010-0838; Airspace Docket No. 10-AGL-13]

Establishment of Class E Airspace; Benton, IL

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action establishes Class E airspace at Benton, IL, to
accommodate new Area Navigation (RNAV) Standard Instrument Approach
Procedures (SIAP) at Benton Municipal Airport, Benton, IL. The FAA is
taking this action to enhance the safety and management of Instrument
Flight Rule (IFR) operations at the airport.

DATES: Effective date: 0901 UTC, March 10, 2011. The Director of the
Federal Register approves this incorporation by reference action under
1 CFR part 51, subject to the annual revision of FAA Order 7400.9 and
publication of conforming amendments.

FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone (817) 321-
7716.

SUPPLEMENTARY INFORMATION:

History

    On October 22, 2010, the FAA published in the Federal Register a
notice of proposed rulemaking to establish Class E airspace for Benton,
IL, creating controlled airspace at Benton Municipal Airport (75 FR
65254) Docket No. FAA-2010-0838. Interested parties were invited to
participate in this rulemaking effort by submitting written comments on
the proposal to the FAA. No comments were received. Class E airspace
designations are published in paragraph 6005 of FAA Order 7400.9U dated
August 18, 2010, and effective September 15, 2010, which is
incorporated by reference in 14 CFR 71.1. The Class E airspace
designations listed in this document will be published subsequently in
the Order.

The Rule

    This action amends Title 14 Code of Federal Regulations (14 CFR)
part 71 by establishing Class E airspace extending upward from 700 feet
above the surface to accommodate SIAPs at Benton Municipal Airport,
Benton, IL. This action is necessary for the safety and management of
IFR operations at the airport.
    The FAA has determined that this regulation only involves an
established body of technical regulations for which frequent and
routine amendments are necessary to keep them operationally current.
Therefore, this regulation: (1) Is not a ``significant regulatory
action'' under Executive Order 12866; (2) is not a ``significant rule''
under DOT Regulatory Policies and Procedures (44 FR 11034; February 26,
1979); and (3) does not warrant preparation of a regulatory evaluation
as the anticipated impact is so minimal. Since this is a routine matter
that will only affect air traffic procedures and air navigation, it is
certified that this rule, when promulgated, will not have a significant
economic impact on a substantial number of small entities under the
criteria of the Regulatory Flexibility Act.
    The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
subtitle VII, part A, subpart I, section 40103. Under that section, the
FAA is charged with prescribing regulations to assign the use of
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it establishes controlled airspace at Benton Municipal Airport,
Benton, IL.

List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (Air).

Adoption of the Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends 14 CFR part 71 as follows:

PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS

0
1. The authority citation for 14 CFR part 71 continues to read as
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24
FR 9565, 3 CFR, 1959-1963 Comp., p. 389.

Sec.  71.1  [Amended]

0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9U, Airspace Designations and
Reporting Points, dated August 18, 2010, and

effective September 15, 2010, is amended as follows:

Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.

* * * * *

AGL IL E5 Benton, IL [New]

Benton Municipal Airport, IL
    (Lat. 38[deg]00'24'' N., long. 88[deg]56'04'' W.)

    That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Benton Municipal Airport.

    Issued in Fort Worth, Texas, on December 15, 2010.
Walter L. Tweedy,
Acting Manager Operations Support Group, ATO Central Service Center.
[FR Doc. 2010-32574 Filed 12-27-10; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: March 22, 2010 (Volume 75, Number 54)]
[Notices]
[Page 13616-13618]
[DOCID:fr22mr10-118]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-61697; File No. SR-NYSEArca-2010-04]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Accelerated Approval of Proposed Rule Change Relating to the WisdomTree
Real Return Fund

March 12, 2010.

I. Introduction

    On January 25, 2010, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to list and trade the shares (``Shares'') of the
WisdomTree Real Return Fund (``Fund'') under NYSE Arca Equities Rule
8.600. The proposed rule change was published for comment in the
Federal Register on February 23, 2010.\3\ The Commission received no
comment letters on the proposed rule change. This order approves the
proposed rule change on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 61519 (February 16,
2010), 75 FR 8164 (``Notice'').
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II. Description of the Proposed Rule Change

    The Exchange proposes to list and trade the Shares pursuant to 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, and the Shares will be offered by the
WisdomTree Trust (``Trust''), a Delaware statutory trust that is
registered with the Commission as an investment company.\5\ WisdomTree
Asset Management, Inc. (``Adviser'') will be the investment adviser to
the Fund and is not affiliated with any broker-dealer. The Mellon
Capital Management Corporation (``Sub-Adviser''), which will serve as
the sub-adviser for the Fund, is affiliated with multiple broker-
dealers and, accordingly, 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.\6\ The Bank of New
York Mellon will be the administrator, custodian and transfer agent for
the Fund, and ALPS Distributors, Inc. will serve as the distributor for
the Fund.
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    \4\ Managed Fund Shares are defined as securities that (a)
represent an interest in a registered investment company organized
as an open-end management investment company or similar entity that
invests in a portfolio of securities selected by the investment
company's investment adviser consistent with the investment
company's investment objectives and policies; (b) are issued in a
specified aggregate minimum number in return for a deposit of a
specified portfolio of securities and/or a cash amount with a value
equal to the next determined net asset value; and (c) when
aggregated in the same specified minimum number, may be redeemed at
a holder's request, which holder will be paid a specified portfolio
of securities and/or cash with a value equal to the next determined
net asset value. See NYSE Arca Equities Rule 8.600(c)(1).
    \5\ See Trust Registration Statement on Form N-1A filed on
October 28, 2009 (File Nos. 333-132380 and 811-21864)
(``Registration Statement'').
    \6\ See Commentary .07 to NYSE Arca Equities Rule 8.600
(requiring the use of ``fire walls'' between investment advisers and
affiliated broker-dealers with respect to access to information
concerning the composition and/or changes to the fund portfolio).
The Exchange represents that the Adviser and the Sub-Adviser of the
Funds, and their respective related personnel, are subject to Rule
204A-1 under the Investment Advisers Act of 1940 (``Advisers Act''),
which generally 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.
---------------------------------------------------------------------------

    The Exchange states that the Shares will be subject to the initial
and continued listing criteria under NYSE Arca Equities Rule 8.600(d)
applicable to Managed Fund Shares \7\ and that the Shares will comply
with Rule 10A-3 under the Act,\8\ as provided by NYSE Arca Equities
Rule 5.3.
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    \7\ The Exchange states that a minimum of 100,000 Shares will be
outstanding at the commencement of trading on the Exchange, and the
Exchange will obtain a representation from the issuer of the Shares
that the net asset value (``NAV'') per share for the Fund will be
calculated daily and that the NAV and the Disclosed Portfolio will
be made available to all market participants at the same time.
    \8\ See 17 CFR 240.10A-3.
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    The Fund will seek to provide investors with total returns that
exceed the rate of inflation over long-term investment horizons. To
achieve its objective, the Fund intends to invest in a portfolio of
inflation-linked securities, such as U.S. Treasury Inflation Protected
Securities (``TIPS'') and other investment-grade fixed income
securities. The Fund will have targeted exposure to commodities and
commodity strategies.
    While the Fund intends to invest up to 70% or more of the value of
its portfolio in TIPS, the Fund may invest in other types of inflation-
linked fixed income securities, such as investment-grade, floating-rate
fixed income securities linked to U.S. inflation rates that are issued
by the U.S. government, government agencies, or corporations. The Fund
may also invest in inflation-linked swaps, securities linked to
inflation rates outside the U.S., including securities or instruments
linked to rates in emerging market countries, and fixed income
securities that are not linked to inflation, such as U.S. government
securities. While the Fund intends to invest primarily in investment-
grade securities, the Fund may invest up to 10% of its net assets in
securities rated ``BB'' or lower by at least two nationally recognized
statistical rating organizations or, if unrated, deemed to be of
equivalent quality. The Fund may invest in securities with effective or
final maturities of any length and will seek to keep the average
effective duration of its portfolio between two and ten years. The Fund
may adjust its portfolio holdings or average effective duration based
on actual or anticipated changes in interest rates or credit quality.
    The Fund also intends to have targeted exposure to commodities
across a number of sectors, such as energy, precious metals, and
agriculture, primarily through its investments in the
    WisdomTree Real Return Investment Portfolio, Inc.
(``Subsidiary''),\9\ a wholly-owned subsidiary organized in the Cayman
Islands,\10\ as well as in

commodity-linked instruments on a limited basis. In addition, the Fund
and the Subsidiary may invest in swaps on commodities or commodity
indexes, commodity-based structured notes, and exchange-traded
commodity-based derivative products (collectively, ``Commodity-Linked
Instruments''). While the Fund will seek exposure to commodity markets,
it generally does not expect to invest in commodities directly in the
spot market. The Fund represents that investments in Commodity-Linked
Instruments must be consistent with the Fund's investment objective and
will not be used to enhance leverage and that neither the Fund nor the
Subsidiary will invest in non-U.S. equity securities, except for the
Fund's investment in the shares of the Subsidiary.\11\
---------------------------------------------------------------------------

    \9\ The Fund intends to invest up to 25% of its assets in the
Subsidiary. The Subsidiary intends to invest all of its assets in
Commodity-Linked Instruments and/or fixed income securities that
serve as collateral for its commodity exposure. The Subsidiary's
investments will be consolidated into the Fund's financial
statements, and the Fund's and Subsidiary's holdings will be
publicly available on a daily basis.
    \10\ The Exchange states that the Subsidiary is subject to the
same investment restrictions as the Fund and will operate in the
same manner as the Fund with regard to applicable compliance
policies and procedures (other than investments in Commodity-Linked
Instruments). Although the Subsidiary is not registered as an
investment company under the Investment Company Act of 1940 (``1940
Act''), the Adviser will manage both the Fund and the Subsidiary,
and the Fund's Board of Trustees will oversee the operation of the
Fund and its investment in the Subsidiary. Because the Subsidiary's
investments are consolidated into those of the Fund, the Fund's
combined holdings are required to comply with the 1940 Act. In
addition, the Fund is the sole shareholder of the Subsidiary and
does not expect shares of the Subsidiary to be offered or sold to
other investors.
    \11\ The Fund intends to maintain the level of diversification
necessary to qualify as a regulated investment company (``RIC'')
under Subchapter M of the Internal Revenue Code of 1986, as amended.
---------------------------------------------------------------------------

    The Fund may invest up to an aggregate amount of 15% 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.\12\ The liquidity of
securities purchased by the Fund which are eligible for resale pursuant
to Rule 144A will be monitored by the Fund on an ongoing basis. In the
event that such a security is deemed to be no longer liquid, the Fund's
holdings will be reviewed to determine what action, if any, is required
to ensure that the retention of such security does not result in the
Fund having more than 15% of its assets invested in illiquid or not
readily marketable securities.
---------------------------------------------------------------------------

    \12\ A security is deemed ``illiquid'' if it can not be sold or
disposed of in the ordinary course of business within seven days at
a price that approximates fair market value.
---------------------------------------------------------------------------

    Additional information regarding the Trust, the Fund, the Shares,
the investment objectives, strategies, policies, and restrictions,
risks, fees and expenses, creation and redemption procedures, portfolio
holdings, distributions and taxes, availability of information, trading
rules and halts, and surveillance procedures, among other things, can
be found in the Registration Statement and in the Notice, as
applicable.\13\
---------------------------------------------------------------------------

    \13\ See supra notes 3 and 5.
---------------------------------------------------------------------------

III. Discussion and Commission's Findings

    After careful review, the Commission finds that NYSE Arca's
proposal to list and trade the Shares is consistent with the
requirements of Section 6 of the Act \14\ and the rules and regulations
thereunder applicable to a national securities exchange.\15\ In
particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(5) of the Act,\16\ which requires, among
other things, that the Exchange's rules be designed to prevent
fraudulent and manipulative acts and practices, to promote just and
equitable principles of trade, to foster cooperation and coordination
with persons engaged in facilitating transactions in securities, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Commission notes that the Shares
must comply with the requirements of NYSE Arca Equities Rule 8.600 to
be listed and traded on the Exchange.
---------------------------------------------------------------------------

    \14\ 15 U.S.C. 78f.
    \15\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \16\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Act,\17\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. Quotation and last-sale
information for the Shares will be available via the Consolidated Tape
Association's high-speed line, and the Portfolio Indicative Value
(``PIV'') will be updated and disseminated by one or more major market
data vendors at least every 15 seconds during the Core Trading Session.
In addition, the Fund will make available on its Web site on each
business day before the commencement of trading in Shares in the Core
Trading Session the Disclosed Portfolio \18\ that will form the basis
for the calculation of the NAV, which will be determined at the end of
the business day. The Fund's Web site will also include additional
quantitative information updated on a daily basis relating to NAV.
Information regarding the market price and trading volume of the Shares
will be continually available on a real-time basis throughout the day
on brokers' computer screens and other electronic services, and the
previous day's closing price and trading volume information will be
published daily in the financial section of newspapers.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \18\ The Adviser will disclose for each portfolio security or
other financial instrument of the Fund the following information:
ticker symbol (if applicable), name of security or financial
instrument, number of shares or dollar value of financial
instruments held in the portfolio, and percentage weighting of the
security or financial instrument in the portfolio. The Commission
notes that the Reporting Authority providing the Disclosed Portfolio
must implement and maintain, or be subject to, procedures designed
to prevent the use and dissemination of material non-public
information regarding the actual components of the portfolio. See
NYSE Arca Equities Rule 8.600(d)(2)(B)(ii).
---------------------------------------------------------------------------

    The Commission further believes that the proposal is reasonably
designed to promote fair disclosure of information that may be
necessary to price the Shares appropriately and to prevent trading when
a reasonable degree of transparency cannot be assured. The Commission
notes that the Exchange will obtain a representation from the issuer
that the NAV per share for the Fund will be calculated daily and that
the NAV and the Disclosed Portfolio will be made available to all
market participants at the same time.\19\ Additionally, if it becomes
aware that the NAV or the Disclosed Portfolio is not disseminated daily
to all market participants at the same time, the Exchange will halt
trading in such series until such time as the NAV or the Disclosed
Portfolio is available to all market participants.\20\ Further, if the
PIV is not being disseminated as required, the Exchange may halt
trading during the day in which the interruption occurs; if the
interruption persists past the trading day in which it occurred, the
Exchange will halt trading no later than the beginning of the trading
day following the interruption.\21\ The Exchange represents that the
Sub-Adviser is affiliated with multiple broker-dealers and,
accordingly, 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. Further, the
Commission notes that the Reporting Authority that provides the
Disclosed Portfolio must implement and maintain, or be subject to,
procedures designed to prevent the use and dissemination of material
non-public information regarding the actual components of each of the
portfolios.\22\
---------------------------------------------------------------------------

    \19\ See NYSE Arca Equities Rule 8.600(d)(1)(B).
    \20\ See NYSE Arca Equities Rule 8.600(d)(2)(D).
    \21\ Id. Trading in the Shares may also 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
comprising the Disclosed Portfolio and/or the financial instruments
of the Fund; or (2) whether other unusual conditions or
circumstances detrimental to the maintenance of a fair and orderly
market are present.
    \22\ See supra note 18.
---------------------------------------------------------------------------

    The Exchange has represented that the Shares are equity securities
subject to the Exchange's rules governing the trading of equity
securities. In support of this proposal, the Exchange has made
representations, including:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange's surveillance 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.
    (3) Prior to the commencement of trading, the Exchange will inform
its ETP Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The procedures for purchases and redemptions of Shares and that Shares
are not individually redeemable; (b) 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;
(c) the risks involved in trading the Shares during the Opening and
Late Trading Sessions when an updated PIV will not be calculated or
publicly disseminated; (d) how information regarding the PIV is
disseminated; (e) the requirement that ETP Holders deliver a prospectus
to investors purchasing newly issued Shares prior to or concurrently
with the confirmation of a transaction; and (f) trading information.
    (4) The Fund will be in compliance with Rule 10A-3 under the
Act.\23\
---------------------------------------------------------------------------

    \23\ See supra note 8.
---------------------------------------------------------------------------

    (5) The Fund and the Subsidiary will not invest in non-U.S. equity
securities, except that the Fund will invest in shares issued by the
Subsidiary.
    (6) The Fund's investments in Commodity-Linked Instruments will be
consistent with the Fund's investment objective and will not be used to
enhance leverage.

    This approval order is based on the Exchange's representations.

    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.

IV. Accelerated Approval

    The Commission finds good cause, pursuant to Section 19(b)(2) of
the Act,\24\ for approving the proposal prior to the thirtieth day
after the date of publication of the Notice in the Federal Register.
The Commission notes that it has approved the listing and trading on
the Exchange of shares of other actively managed exchange-traded funds
based on a portfolio of securities, the characteristics of which are
similar to those to be invested by the Fund.\25\ The Commission also
notes that it has not received any comments regarding this proposal.
The Commission believes that the proposal to list and trade the Shares
of the Fund do not raise any novel regulatory issues and accelerating
approval of this proposal should benefit investors by creating, without
undue delay, additional competition in the market for Managed Fund
Shares.
---------------------------------------------------------------------------

    \24\ 15 U.S.C. 78s(b)(2).
    \25\ See, e.g., Securities Exchange Act Release Nos. 57514
(March 17, 2008), 73 FR 15230 (March 21, 2008) (SR-Amex-2008-02)
(approving the listing and trading of shares of the Bear Stearns
Current Yield Fund); 57801 (May 8, 2008), 73 FR 27878 (May 14, 2008)
(SR-NYSEArca-2008-31) (approving the listing and trading of shares
of twelve actively-managed funds of the WisdomTree Trust); 60981
(November 10, 2009), 74 FR 59594 (November 18, 2009) (SR-NYSEArca-
2009-79) (approving the listing and trading of shares of five
actively-managed fixed income funds of the PIMCO ETF Trust); and
61365 (January 15, 2010), 75 FR 4124 (January 26, 2010) (SR-
NYSEArca-2009-114) (approving the listing and trading of shares of
two actively-managed funds of the Grail Advisors ETF Trust).
---------------------------------------------------------------------------

V. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\26\ that the proposed rule change (SR-NYSEArca-2010-04) be, and it
hereby is, approved on an accelerated basis.
---------------------------------------------------------------------------

    \26\ 15 U.S.C. 78s(b)(1).

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-6114 Filed 3-19-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 217 (Friday, November 8, 2013)]
[Rules and Regulations]
[Pages 67027-67028]
[FR Doc No: 2013-26813]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 151, 155 and 160

[Docket No. USCG-2008-1070]
RIN 1625-AB27

Nontank Vessel Response Plans and Other Response Plan
Requirements

AGENCY: Coast Guard, DHS.

ACTION: Rule; information collection approval.

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SUMMARY: On September 30, 2013, the Coast Guard amended regulations on
response plans for nontank vessels. The amendment triggered information
collection requirements affecting an existing OMB-approved information
collection requirement on vessel and facility response plans. This
notice announces that the collection of information has been approved
by the Office of Management and Budget (OMB) and can now be enforced.
The OMB control number is 1625-0066.

DATES: The collection of information requirement under 33 CFR 155.5023,
155.5025, and 155.5055 through 155.5075 can be enforced beginning
November 8, 2013.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
document, contact Lieutenant Commander John Peterson, Coast Guard,
Office of Commercial Vessel Compliance, Vessel Response Plan Review
Team; telephone<PHONE_NUMBER>, email<EMAIL_ADDRESS>If you have questions
about viewing the docket (USCG-2008-1070), call Ms. Barbara Hairston,
Program Manager, Docket Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: On September 30, 2013, the Coast Guard
published the Nontank Vessel Response Plans and Other Response Plan
Requirements final rule, implementing the statutory requirement for an
owner or operator of a self-propelled, nontank vessel of 400 gross tons
or greater, which operates on the navigable waters of the United
States, to prepare and submit an oil spill response plan to the Coast
Guard (78 FR 60100). Among other things, this rule applied vessel
response plan requirements to nontank vessels. Under those
requirements, a nontank vessel owner or operator needs to prepare and
submit to the Coast Guard a nontank vessel response plan in accordance
with 33 CFR part 155, subpart J. The content of the response plan
includes the requirement to plan for responding to a worst-case
discharge and a substantial threat of such a discharge. Additionally,
submissions of international Shipboard Oil Pollution Emergency Plans
(SOPEPs) for certain U.S.-flag nontank and tank vessels requires
alignment with updated SOPEP rules. With the exception of this
collection of information, the rule became effective on October 30,
2013.
    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520), an
agency may not conduct or sponsor a collection of information until the
collection is approved by OMB. Accordingly, the preamble to the final
rule stated that the Coast Guard would not enforce the collection of
information requirements occurring under 33 CFR 155.5023, 155.5025, and
155.5055 through 155.5075 until the collection of information request
was approved by OMB, and also stated that the Coast Guard would publish
a notice in the Federal Register announcing that OMB approved and
assigned a control number for the requirement.
    The Coast Guard submitted the information collection request to OMB
for approval in accordance with the Paperwork Reduction Act of 1995. On
September 3, 2013, OMB approved the collection of information and
assigned the collection OMB Control Number 1625-0066 entitled ``Vessel
and Facility Response Plans (Domestic and Int'l), and Additional
Response Requirements for Prince William Sound, Alaska''. The approval
for this collection of information expires on September 30, 2016. A
copy of the OMB notice of action is available in our online docket
(USCG-2008-1070) at http://www.regulations.gov.

    Dated: November 1, 2013.
J.G. Lantz,
Director of Commercial Regulations and Standards, U.S. Coast Guard.
[FR Doc. 2013-26813 Filed 11-7-13; 8:45 am]
BILLING CODE 9110-04-P