[Federal Register Volume 80, Number 39 (Friday, February 27, 2015)]
[Rules and Regulations]
[Pages 10576-10578]
[FR Doc No: 2015-03923]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 97

[Docket No. 31002; Amdt. No. 3630]

Standard Instrument Approach Procedures, and Takeoff Minimums and
Obstacle Departure Procedures; Miscellaneous Amendments

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This rule amends, suspends, or removes Standard Instrument
Approach Procedures (SIAPs) and associated Takeoff Minimums and
Obstacle Departure Procedures for operations at certain airports. These
regulatory actions are needed because of the adoption of new or revised
criteria, or because of changes occurring in the National Airspace
System, such as the commissioning of new navigational facilities,
adding new obstacles, or changing air traffic requirements. These
changes are designed to provide for the safe and efficient use of the
navigable airspace and to promote safe flight operations under
instrument flight rules at the affected airports.

DATES: This rule is effective February 27, 2015. The compliance date
for each SIAP, associated Takeoff Minimums, and ODP is specified in the
amendatory provisions.
    The incorporation by reference of certain publications listed in
the regulations is approved by the Director of the Federal Register as
of February 27, 2015.

ADDRESSES: Availability of matter incorporated by reference in the
amendment is as follows:

For Examination

    1. U.S. Department of Transportation, Docket Ops-M30, 1200 New
Jersey Avenue SE., West Bldg., Ground Floor, Washington, DC 20590-0001;
    2. The FAA Air Traffic Organization Service Area in which the
affected airport is located;
    3. The office of Aeronautical Navigation Products, 6500 South
MacArthur Blvd., Oklahoma City, OK 73169 or,
    4. The National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-741-
6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

Availability

    All SIAPs and Takeoff Minimums and ODPs are available online free
of charge. Visit the National Flight Data Center online at nfdc.faa.gov
to register. Additionally, individual SIAP and Takeoff Minimums and ODP
copies may be obtained from the FAA Air Traffic Organization Service
Area in which the affected airport is located.

FOR FURTHER INFORMATION CONTACT: Richard A. Dunham III, Flight
Procedure Standards Branch (AFS-420) Flight Technologies and Procedures
Division, Flight Standards Service, Federal Aviation Administration,
Mike Monroney Aeronautical Center, 6500 South MacArthur Blvd., Oklahoma
City, OK 73169 (Mail Address: P.O. Box 25082, Oklahoma City, OK 73125)
telephone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: This rule amends Title 14, Code of Federal
Regulations, Part 97 (14 CFR part 97) by amending the referenced SIAPs.
The complete regulatory description of each SIAP is listed on the
appropriate FAA Form 8260, as modified by the National Flight Data
Center (NFDC)/Permanent Notice to Airmen (P-NOTAM), and is incorporated
by reference under 5 U.S.C. 552(a), 1 CFR part 51, and 14 CFR 97.20.
The large number of SIAPs, their complex nature, and the need for a
special format make their verbatim publication in the Federal Register
expensive and impractical. Further, airmen do not use the regulatory
text of the SIAPs, but refer to their graphic depiction on charts
printed by publishers of aeronautical materials. Thus, the advantages
of incorporation by reference are realized and publication of the
complete description of each SIAP contained on FAA form documents is
unnecessary. This amendment provides the affected CFR, and specifies
the SIAPs and Takeoff Minimums and ODPs with their applicable effective
dates. This amendment also identifies the airport and its location, the
procedure and the amendment number.

Availability and Summary of Material Incorporated by Reference

    The material incorporated by reference is publicly available as
listed in the ADDRESSES section.
    The material incorporated by reference describes SIAPs, Takeoff
Minimums and ODPs as identified in the amendatory language for part 97
of this final rule.

The Rule

    This amendment to 14 CFR part 97 is effective upon publication of
each separate SIAP and Takeoff Minimums and ODP as amended in the
transmittal. For safety and timeliness of change considerations, this
amendment incorporates only specific changes contained for each SIAP
and Takeoff Minimums and ODP as modified by FDC permanent NOTAMs.
    The SIAPs and Takeoff Minimums and ODPs, as modified by FDC
permanent NOTAM, and contained in this amendment are based on the
criteria contained in the U.S. Standard for Terminal Instrument
Procedures (TERPS). In developing these changes to SIAPs and Takeoff
Minimums and ODPs, the TERPS criteria were applied only to specific
conditions existing at the affected airports. All SIAP amendments in
this rule have been previously issued by the FAA in a FDC NOTAM as an
emergency action of immediate flight safety relating directly to
published aeronautical charts.
    The circumstances that created the need for these SIAP and Takeoff
Minimums and ODP amendments require making them effective in less than
30 days.
    Because of the close and immediate relationship between these
SIAPs, Takeoff Minimums and ODPs, and safety in air commerce, I find
that notice and public procedure under 5 U.S.C. 553(b) are
impracticable and contrary to the public interest and, where
applicable, under 5 U.S.C. 553(d), good cause exists for making these
SIAPs effective in less than 30 days.
    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.
It, therefore--(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. For the same reason, the FAA
certifies that this amendment will

not have a significant economic impact on a substantial number of small
entities under the criteria of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 97

    Air Traffic Control, Airports, Incorporation by reference,
Navigation (air).

    Issued in Washington, DC, on January 30, 2015.
John Duncan,
Director, Flight Standards Service.

Adoption of the Amendment

    Accordingly, pursuant to the authority delegated to me, Title 14,
Code of Federal regulations, Part 97, (14 CFR part 97), is amended by
amending Standard Instrument Approach Procedures and Takeoff Minimums
and ODPs, effective at 0901 UTC on the dates specified, as follows:

PART 97--STANDARD INSTRUMENT APPROACH PROCEDURES

0
1. The authority citation for part 97 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 40106, 40113, 40114, 40120,
44502, 44514, 44701, 44719, 44721-44722.

0
2. Part 97 is amended to read as follows:

Sec. Sec.  97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35  [AMENDED]

    By amending: Sec.  97.23 VOR, VOR/DME, VOR or TACAN, and VOR/DME or
TACAN; Sec.  97.25 LOC, LOC/DME, LDA, LDA/DME, SDF, SDF/DME; Sec.
97.27 NDB, NDB/DME; Sec.  97.29 ILS, ILS/DME, MLS, MLS/DME, MLS/RNAV;
Sec.  97.31 RADAR SIAPs; Sec.  97.33 RNAV SIAPs; and Sec.  97.35 COPTER
SIAPs, Identified as follows:

Effective Upon Publication

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      AIRAC Date            State               City               Airport          FDC No.      FDC Date                      Subject
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5-Mar-15.............  PA.............  Doylestown.........  Doylestown.........       4/2203     01/13/15  This NOTAM, published in TL 15-05, is hereby
                                                                                rescinded in its entirety.
5-Mar-15.............  PA.............  Doylestown.........  Doylestown.........       4/2204     01/13/15  This NOTAM, published in TL 15-05, is hereby
                                                                                rescinded in its entirety.
5-Mar-15.............  MN.............  Austin.............  Austin Muni........       4/0072     01/13/15  RNAV (GPS) Rwy 17, Amdt 1.
5-Mar-15.............  MN.............  Willmar............  Willmar Muni-John L       4/0101     01/13/15  RNAV (GPS) Rwy 31, Amdt 1.
                                                              Rice Field.
5-Mar-15.............  ND.............  Bismark............  Bismark Muni.......       4/1055     01/13/15  RNAV (GPS) Rwy 13, Orig.
5-Mar-15.............  ND.............  Bismark............  Bismark Muni.......       4/1078     01/13/15  RNAV (GPS) Rwy 3, Amdt 2.
5-Mar-15.............  ND.............  Bismark............  Bismark Muni.......       4/1082     01/13/15  RNAV (GPS) Rwy 21, Amdt 1..
5-Mar-15.............  IL.............  Peoria.............  Mount Hawley              4/1094     01/20/15  RNAV (GPS) Rwy 18, Amdt 1.
                                                              Auxiliary.
5-Mar-15.............  MA.............  Pittsfield.........  Pittsfield Muni....       4/1842     01/15/15  RNAV (GPS) Rwy 26, Amdt 1.
5-Mar-15.............  MA.............  Pittsfield.........  Pittsfield Muni....       4/1971     01/15/15  RNAV (GPS) Rwy 8, Amdt 1.
5-Mar-15.............  MA.............  Boston.............  General Edward            4/2040     01/13/15  Takeoff Minimums and (Obstacle) DP, Amdt 13.
                                                              Lawrence Logan
                                                              Intl.
5-Mar-15.............  NY.............  Penn Yan...........  Penn Yan...........       4/2208     01/20/15  NDB Rwy 28, Amdt 6C.
5-Mar-15.............  NY.............  Penn Yan...........  Penn Yan...........       4/2209     01/20/15  RNAV (GPS) Rwy 19, Orig-B.
5-Mar-15.............  KS.............  Clay Center........  Clay Center Muni...       4/2532     01/20/15  RNAV (GPS) Rwy 17, Orig.
5-Mar-15.............  WI.............  New Lisbon.........  Mauston-New Lisbon        4/7206     01/13/15  Takeoff Minimums and (Obstacle) DP, Orig.
                                                              Union.
5-Mar-15.............  LA.............  Bogalusa...........  George R Carr             5/0810     01/08/15  Takeoff Minimums and (Obstacle) DP, Amdt 3.
                                                              Memorial Air Fld.
5-Mar-15.............  NY.............  Farmingdale........  Republic...........       5/2582     01/13/15  ILS OR LOC Rwy 14, Amdt 8C.
5-Mar-15.............  ND.............  Kindred............  Robert Odegaard           5/2805     01/13/15  Takeoff Minimums and (Obstacle) DP, Orig.
                                                              Field.
5-Mar-15.............  TX.............  Plainview..........  Hale County........       5/2973     01/20/15  VOR Rwy 4, Amdt 9B.
5-Mar-15.............  TX.............  Plainview..........  Hale County........       5/2974     01/20/15  RNAV (GPS) Rwy 4, Orig.
5-Mar-15.............  AR.............  Little Rock........  Bill And Hillary          5/3530     01/20/15  RNAV (GPS) Rwy 18, Amdt 1C.
                                                              Clinton National/
                                                              Adams Field.
5-Mar-15.............  AR.............  Little Rock........  Bill And Hillary          5/3531     01/20/15  ILS OR LOC Rwy 22R, ILS Rwy 22R (CAT II &
                                                              Clinton National/                              III), Amdt 2C.
                                                              Adams Field.
5-Mar-15.............  AR.............  Little Rock........  Bill And Hillary          5/3532     01/20/15  RNAV (GPS) Rwy 22R, Amdt 1A.
                                                              Clinton National/
                                                              Adams Field.
5-Mar-15.............  AR.............  Little Rock........  Bill And Hillary          5/3533     01/20/15  ILS OR LOC Rwy 22L, Orig-B.
                                                              Clinton National/
                                                              Adams Field.
5-Mar-15.............  AR.............  Little Rock........  Bill And Hillary          5/3534     01/20/15  RNAV (GPS) Rwy 22L, Amdt 1B.
                                                              Clinton National/
                                                              Adams Field.
5-Mar-15.............  MI.............  Grand Rapids.......  Gerald R Ford Intl.       5/3682     01/20/15  VOR Rwy 17, Orig-D.
5-Mar-15.............  AR.............  Nashville..........  Howard County......       5/3701     01/20/15  RNAV (GPS) Rwy 1, Orig.
5-Mar-15.............  AR.............  Paragould..........  Kirk Field.........       5/3708     01/20/15  VOR Rwy 4, Amdt 5.
5-Mar-15.............  IL.............  Cahokia/St Louis...  St Louis Downtown..       5/3910     01/20/15  RNAV (GPS) Rwy 30L, Orig.
5-Mar-15.............  IL.............  Cahokia/St Louis...  St Louis Downtown..       5/3911     01/20/15  RNAV (GPS) Rwy 30R, Orig.
5-Mar-15.............  IL.............  Benton.............  Benton Muni........       5/3926     01/20/15  RNAV (GPS) Rwy 18, Orig.
5-Mar-15.............  IA.............  Hampton............  Hampton Muni.......       5/4099     01/20/15  VOR/DME Rwy 35, Amdt 1C.
5-Mar-15.............  IN.............  Logansport.........  Logansport/Cass           5/4127     01/20/15  RNAV (GPS) Rwy 27, Amdt 1.
                                                              County.
5-Mar-15.............  MA.............  Nantucket..........  Nantucket Memorial.       5/4420     01/20/15  RNAV (GPS) Rwy 15, Orig.
5-Mar-15.............  MA.............  Nantucket..........  Nantucket Memorial.       5/4421     01/20/15  RNAV (GPS) Rwy 33, Amdt 1.
5-Mar-15.............  IL.............  Alton/St Louis.....  St Louis Rgnl......       5/4741     01/20/15  RNAV (GPS) Rwy 29, Amdt 1.
5-Mar-15.............  IL.............  Alton/St Louis.....  St Louis Rgnl......       5/4742     01/20/15  RNAV (GPS) Rwy 35, Amdt 1.
5-Mar-15.............  IL.............  Alton/St Louis.....  St Louis Rgnl......       5/4743     01/20/15  LOC BC Rwy 11, Amdt 9.
5-Mar-15.............  IL.............  Alton/St Louis.....  St Louis Rgnl......       5/4744     01/20/15  ILS OR LOC Rwy 29, Amdt 12.
5-Mar-15.............  IL.............  Alton/St Louis.....  St Louis Rgnl......       5/4745     01/20/15  RNAV (GPS) Rwy 17, Amdt 1.

5-Mar-15.............  IL.............  Alton/St Louis.....  St Louis Rgnl......       5/4746     01/20/15  NDB Rwy 17, Amdt 12.
5-Mar-15.............  IL.............  Alton/St Louis.....  St Louis Rgnl......       5/4747     01/20/15  RNAV (GPS) Rwy 11, Amdt 2.
5-Mar-15.............  IL.............  Kewanee............  Kewanee Muni.......       5/4748     01/20/15  RNAV (GPS) Rwy 19, Amdt 1.
5-Mar-15.............  IL.............  Kewanee............  Kewanee Muni.......       5/4749     01/20/15  RNAV (GPS) Rwy 27, Amdt 1.
5-Mar-15.............  IL.............  Kewanee............  Kewanee Muni.......       5/4750     01/20/15  RNAV (GPS) Rwy 9, Amdt 1.
5-Mar-15.............  IL.............  Kewanee............  Kewanee Muni.......       5/4751     01/20/15  RNAV (GPS) Rwy 1, Amdt 1.
5-Mar-15.............  OH.............  Galion.............  Galion Muni........       5/4755     01/20/15  VOR Rwy 23, Amdt 13.
5-Mar-15.............  OH.............  Galion.............  Galion Muni........       5/4756     01/20/15  RNAV (GPS) Rwy 23, Orig.
5-Mar-15.............  OH.............  Galion.............  Galion Muni........       5/4757     01/20/15  RNAV (GPS) Rwy 5, Orig.
5-Mar-15.............  OH.............  Hillsboro..........  Highland County....       5/4759     01/20/15  RNAV (GPS) Rwy 23, Orig.
5-Mar-15.............  OH.............  Hillsboro..........  Highland County....       5/4760     01/20/15  NDB Rwy 23, Amdt 5.
5-Mar-15.............  OH.............  Dayton.............  Greene County-Lewis       5/4761     01/20/15  VOR Rwy 7, Orig.
                                                              A Jackson Rgnl.
5-Mar-15.............  OH.............  Lebanon............  Warren County/John        5/4762     01/20/15  RNAV (GPS) Rwy 1, Amdt 2.
                                                              Lane Field.
5-Mar-15.............  IL.............  Chicago/Rockford...  Chicago/Rockford          5/5023     01/20/15  RNAV (GPS) Rwy 19, Amdt 2.
                                                              Intl.
5-Mar-15.............  PA.............  New Castle.........  New Castle Muni....       5/5070     01/21/15  RNAV (GPS) Rwy 5, Amdt 1A.
5-Mar-15.............  PA.............  New Castle.........  New Castle Muni....       5/5071     01/21/15  RNAV (GPS) Rwy 23, Amdt 1A.
5-Mar-15.............  PA.............  New Castle.........  New Castle Muni....       5/5072     01/21/15  NDB Rwy 23, Amdt 3A.
5-Mar-15.............  TN.............  Nashville..........  Nashville Intl.....       5/5075     01/21/15  ILS OR LOC Rwy 31, Amdt 9.
5-Mar-15.............  NY.............  Penn Yan...........  Penn Yan...........       5/5126     01/20/15  RNAV (GPS) Rwy 1, Amdt 3A.
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[FR Doc. 2015-03923 Filed 2-26-15; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 78, Number 166 (Tuesday, August 27, 2013)]
[Rules and Regulations]
[Pages 52852-52854]
[FR Doc No: 2013-20538]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Parts 510, 520, 524, 556, and 558

[Docket No. FDA-2013-N-0002]

New Animal Drugs; Carprofen; Enrofloxacin; Florfenicol;
Tildipirosin; Zilpaterol

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule; technical amendment.

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SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval actions for new animal drug
applications (NADAs) and abbreviated new animal drug applications
(ANADAs) during June 2013. FDA is also informing the public of the
availability of summaries of the basis of approval and of environmental
review documents, where applicable.

DATES: This rule is effective August 27, 2013.

FOR FURTHER INFORMATION CONTACT: George K. Haibel, Center for
Veterinary Medicine (HFV-6), Food and Drug Administration, 7519
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>,
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: FDA is amending the animal drug regulations
to reflect approval actions for NADAs and ANADAs during June 2013, as
listed in table 1. In addition, FDA is informing the public of the
availability, where applicable, of documentation of environmental
review required under the National Environmental Policy Act (NEPA) and,
for actions requiring review of safety or effectiveness data, summaries
of the basis of approval (Freedom of Information Summaries) under the
Freedom of Information Act (FOIA). These public documents may be seen
in the Division of Dockets Management (HFA-305), Food and Drug
Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852,
between 9 a.m. and 4 p.m., Monday through Friday. Persons with access
to the Internet may obtain these documents at the Center for Veterinary
Medicine FOIA Electronic Reading Room: http://www.fda.gov/AboutFDA/CentersOffices/OfficeofFoods/CVM/CVMFOIAElectronicReadingRoom/default.htm.
    In addition, the animal drug regulations are being amended at 21
CFR 510.600 to correct a sponsor's name and at 21 CFR 556.733 to
correct the acceptable daily intake of total residues of tildipirosin.
This is being done to improve the accuracy of the regulations.
    This rule does not meet the definition of ``rule'' in 5 U.S.C.
804(3)(A) because it is a rule of ``particular applicability.''
Therefore, it is not subject to the congressional review requirements
in 5 U.S.C. 801-808.

                  Table 1--Original and Supplemental NADAs and ANADAs Approved During June 2013
----------------------------------------------------------------------------------------------------------------
                                     New animal drug                      21 CFR
    NADA/ANADA          Sponsor        product name        Action        section    FOIA  summary   NEPA  review
----------------------------------------------------------------------------------------------------------------
200-524..........  Putney, Inc.,     Mupirocin        Original            524.1465  yes..........  CE.\1\
                    400 Congress      Ointment 2%.     approval as a
                    St., suite 200,                    generic copy
                    Portland, ME                       of NADA 140-
                    04101.                             839.
200-517..........  Novartis Animal   ZOBUXA           Original             520.812  yes..........  CE.\1\
                    Health US,        (enrofloxacin)   approval as a
                    Inc., 3200        Flavored         generic copy
                    Northline Ave.,   Antibacterial    of NADA 140-
                    suite 300,        Tablets.         441.
                    Greensboro, NC
                    27408.
200-519..........  Novartis Animal   FLORVIO          Original             520.995  yes..........  CE.\1\
                    Health US,        (florfenicol)    approval as a
                    Inc., 3200        2.3%             generic copy
                    Northline Ave.,   Concentrate      of NADA 141-
                    suite 300,        Solution.        206.
                    Greensboro, NC
                    27408.
200-547..........  Huvepharma AD,    ZILMAX           Original             558.665  yes..........  CE.\1\
                    5th Floor, 3A     (zilpaterol      approval as a
                    Nikolay Haytov    hydrochloride)   generic copy
                    Str., 1113        plus RUMENSIN    of NADA 141-
                    Sophia,           (monensin USP)   276.
                    Bulgaria.         plus TYLOVET
                                      100 (tylosin
                                      phosphate)
                                      Type A
                                      medicated
                                      articles.

200-555..........  Piedmont Animal   LIBREVIA         Original             520.309  yes..........  CE.\1\
                    Health, 204       (carprofen)      approval as a
                    Muirs Chapel      Soft Chewable    generic copy
                    Rd., suite 200,   Tablets.         of NADA 141-
                    Greensboro, NC                     111.
                    27410.
----------------------------------------------------------------------------------------------------------------
\1\ The Agency has determined under 21 CFR 25.33 that this action is categorically excluded (CE) from the
  requirement to submit an environmental assessment or an environmental impact statement because it is of a type
  that does not individually or cumulatively have a significant effect on the human environment.

List of Subjects

21 CFR Part 510

    Administrative practice and procedure, Animal drugs, Labeling,
Reporting and recordkeeping requirements.

21 CFR Parts 520 and 524

    Animal drugs.

21 CFR Part 556

    Animal drugs, Foods.

21 CFR Part 558

    Animal drugs, Animal feeds.

    Therefore, under the Federal Food, Drug, and Cosmetic Act and under
authority delegated to the Commissioner of Food and Drugs and
redelegated to the Center for Veterinary Medicine, 21 CFR parts 510,
520, 524, 556, and 558 are amended as follows:

PART 510--NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 510 continues to read as
follows:

    Authority:  21 U.S.C. 321, 331, 351, 352, 353, 360b, 371, 379e.

0
2. In Sec.  510.600, in the table in paragraph (c)(1), remove the entry
for ``Purina Nutrition LLC'', and alphabetically add entries for
``Piedmont Animal Health'' and ``Purina Animal Nutrition LLC''; and in
the table in paragraph (c)(2), in the entry for ``017800'', remove
``Purina Nutrition'' and in its place add ``Purina Animal Nutrition'',
and numerically add an entry for ``058147'' to read as follows:

Sec.  510.600  Names, addresses, and drug labeler codes of sponsors of
approved applications.

* * * * *
    (c) * * *
    (1) * * *

------------------------------------------------------------------------
                                                          Drug labeler
                 Firm name and address                        code
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
Piedmont Animal Health, 204 Muirs Chapel Rd., suite               058147
 200, Greensboro, NC 27410............................
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
Purina Animal Nutrition LLC, 1080 County Road F West,             017800
 Shoreview, MN 55126-2910.............................
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------

    (2) * * *

------------------------------------------------------------------------
      Drug labeler code                  Firm name and address
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------
058147.......................  Piedmont Animal Health, 204 Muirs Chapel
                                Rd., suite 200, Greensboro, NC 27410
------------------------------------------------------------------------

                              * * * * * * *
------------------------------------------------------------------------

PART 520--ORAL DOSAGE FORM NEW ANIMAL DRUGS

0
3. The authority citation for 21 CFR part 520 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

Sec.  520.309  [Amended]

0
4. In paragraph (b)(2) of Sec.  520.309, remove ``Nos. 000115, 055529,
and 062250'' and in its place add ``Nos. 000115, 055529, 058147, and
062250''.
0
5. In Sec.  520.812, revise paragraphs (a) and (b) to read as follows:

Sec.  520.812  Enrofloxacin.

    (a) Specifications. Each tablet contains:
    (1) 22.7, 68.0, or 136.0 milligrams (mg) enrofloxacin; or
    (2) 22.7, 68.0, 136.0, or 272 mg enrofloxacin.
    (b) Sponsors. See sponsor numbers in Sec.  510.600(c) of this
chapter for use as in paragraph (c) of this section.
    (1) Nos. 000859 and 026637 for use of product described in
paragraph (a)(1) of this section.

    (2) No. 058198 for use of product described in paragraph (a)(2) of
this section.
* * * * *

Sec.  520.955  [Amended]

0
6. In paragraph (b) of Sec.  520.955, remove ``No. 000061'' and in its
place add ``Nos. 000061 and 058198''.

PART 524--OPHTHALMIC AND TOPICAL DOSAGE FORM NEW ANIMAL DRUGS

0
7. The authority citation for 21 CFR part 524 continues to read as
follows:

    Authority: 21 U.S.C. 360b.

Sec.  524.1465  [Amended]

0
8. In paragraph (b) of Sec.  524.1465, add ``026637,'' after
``025463,''.

PART 556--TOLERANCES FOR RESIDUES OF NEW ANIMAL DRUGS IN FOOD

0
9. The authority citation for 21 CFR part 556 continues to read as
follows:

    Authority:  21 U.S.C. 342, 360b, 371.

Sec.  556.733  [Amended]

0
10. In paragraph (a) of Sec.  556.733, remove ``10 micrograms'' and in
its place add ``50 micrograms''.

PART 558--NEW ANIMAL DRUGS FOR USE IN ANIMAL FEEDS

0
11. The authority citation for 21 CFR part 558 continues to read as
follows:

    Authority:  21 U.S.C. 360b, 371.

0
12. In Sec.  558.665, in the table, revise paragraph (e)(5) to read as
follows:

Sec.  558.665  Zilpaterol.

* * * * *
    (e) * * *

----------------------------------------------------------------------------------------------------------------
                                  Combination in
    Zilpaterol in grams/ton         grams/ton        Indications for use        Limitations           Sponsor
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                                                  * * * * * * *
(5) 6.8 to provide 60 to 90 mg/ Monensin 10 to     Cattle fed in           As in paragraph<PHONE_NUMBER>92
 head/day.                       40, plus tylosin   confinement for         (e)(1) of this
                                 8 to 10.           slaughter: As in        section; see Sec.
                                                    paragraph (e)(1) of     Sec.   558.355(d)
                                                    this section; for       and 558.625(c) of
                                                    prevention and          this chapter.
                                                    control of              Monensin as provided
                                                    coccidiosis due to      by No. 000986;
                                                    Eimeria bovis and E.    tylosin as provided
                                                    zuernii; and for        by Nos. 000986 or
                                                    reduction of            016592 in Sec.
                                                    incidence of liver      510.600(c) of this
                                                    abscesses caused by     chapter.
                                                    Fusobacterium
                                                    necrophorum and
                                                    Arcanobacterum
                                                    (Actinomyces)
                                                    pyogenes.
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

    Dated: August 19, 2013.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2013-20538 Filed 8-26-13; 8:45 am]
BILLING CODE 4160-01-P


[Federal Register Volume 84, Number 214 (Tuesday, November 5, 2019)]
[Rules and Regulations]
[Page 59525]
[FR Doc No: 2019-24131]

========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

========================================================================

Federal Register / Vol. 84, No. 214 / Tuesday, November 5, 2019 /
Rules and Regulations

DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 100

[Docket No. USCG-2019-0720]

Special Local Regulation: Palm Beach Holiday Boat Parade

AGENCY: Coast Guard, DHS.

ACTION: Notice of enforcement of regulation.

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

SUMMARY: The Coast Guard will enforce a special local regulation on
December 7, 2019 to provide for the safety and security of navigable
waterways during the Palm Beach Holiday Boat Parade. During the
enforcement period, all non-participant persons and vessels will be
prohibited from entering, transiting, anchoring in, or remaining within
the regulated area unless authorized by the Captain of the Port Miami
or a designated representative. The operator of any vessel in the
regulated area must comply with instructions from the Coast Guard or
designated representative.

DATES: The regulation in 33 CFR 100.701, Table to Sec.  100.701, Line 8
will be enforced on December 7, 2019, from 5:30 p.m. through 8:30 p.m.

FOR FURTHER INFORMATION CONTACT: If you have questions about this
notice of enforcement, call or email Mr. Omar Beceiro, Sector Miami
Waterways Management Division, U.S. Coast Guard: Telephone: 305-535-
4317, Email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Coast Guard will enforce a special local
regulation for the Palm Beach Holiday Boat Parade published in 33 CFR
100.701, Table to Sec.  100.701, Line 8 on December 7, 2019 from 5:30
p.m. through 8:30 p.m. This action is being taken to provide for the
safety and security of navigable waterways during this one-day event.
Our regulation for marine events within the Seventh Coast Guard
District, Sec.  100.701, specifies the location of the special local
regulation for the Palm Beach Holiday Boat Parade, which encompasses a
moving buffer zone of 50 yards around the parade as it travels along
the Intracoastal Waterway in Palm Beach, FL. Only event sponsor
designated participants and official patrol vessels will be allowed to
enter the regulated area. Spectators may contact the Coast Guard Patrol
Commander to request permission to pass through the regulated area. If
permission is granted, spectators must pass directly through the
regulated area at a safe speed without loitering.
    In addition to this notice of enforcement in the Federal Register,
the Coast Guard will inform the public through Local Notice to Mariners
and marine information broadcasts at least 24 hours in advance of the
enforcement of the special local regulation.

    Dated: October 31, 2019.
J.F. Burdian,
Captain, U.S. Coast Guard, Captain of the Port Miami.
[FR Doc. 2019-24131 Filed 11-4-19; 8:45 am]
 BILLING CODE 9110-04-P


[Federal Register Volume 80, Number 246 (Wednesday, December 23, 2015)]
[Rules and Regulations]
[Page 79695]
[FR Doc No: 2015-32254]

=======================================================================
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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 117

[Docket No. USCG-2015-1102]

Drawbridge Operation Regulation; Mill Neck Creek, Oyster Bay, NY

AGENCY: Coast Guard, DHS.

ACTION: Notice of deviation from drawbridge regulation.

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

SUMMARY: The Coast Guard has issued a temporary deviation from the
operating schedule that governs the Bayville Bridge across the Mill
Neck Creek, mile 0.1, at Oyster Bay, New York. The deviation is
necessary to perform electrical and mechanical upgrades. This deviation
allows the bridge to remain in the closed position for approximately 5
days.

DATES: This deviation is effective from 7:00 a.m. on January 11, 2016
to 3:30 p.m. on January 15, 2016.

ADDRESSES: The docket for this deviation, [USCG-2015-1102] is available
at http://www.regulations.gov. Type the docket number in the ``SEARCH''
box and click ``SEARCH''. Click on Open Docket Folder on the line
associated with this deviation.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary deviation, call or email Ms. Judy K. Leung-Yee, Project
Officer, First Coast Guard District, telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Nassau County Department of Public Works
requested this temporary deviation from the normal operating schedule
to perform electrical and mechanical upgrades.
    The Bayville Bridge, mile 0.1, across the Mill Neck Creek has a
vertical clearance in the closed position of 9 feet at mean high water
and 16 feet at mean low water. The existing bridge operating
regulations are found at 33 CFR 117.800.
    The waterway is transited by one commercial user and recreation
vessel traffic.
    Under this temporary deviation, the Bayville Bridge may remain in
the closed position from 7:00 a.m. on January 11, 2016 to 3:30 p.m. on
January 15, 2016.
    Vessels able to pass through the bridge in the closed position may
do so at any time. The bridge will not be able to open for emergencies
and there is no immediate alternate route for vessels to pass.
    The Coast Guard will also inform the users of the waterways through
our Local and Broadcast Notices to Mariners of the change in operating
schedule for the bridge so that vessels can arrange their transits to
minimize any impact caused by the temporary deviation.
    In accordance with 33 CFR 117.35(e), the drawbridge must return to
its regular operating schedule immediately at the end of the effective
period of this temporary deviation. This deviation from the operating
regulations is authorized under 33 CFR 117.35.

    Dated: December 17, 2015.
C.J. Bisignano,
Supervisory Bridge Management Specialist, First Coast Guard District.
[FR Doc. 2015-32254 Filed 12-22-15; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 76, Number 24 (Friday, February 4, 2011)]
[Notices]
[Pages 6503-6506]
[FR Doc No: 2011-2457]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-63802; File No. SR-NYSEArca-2010-118]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change Relating to the Listing and Trading of
the SiM Dynamic Allocation Diversified Income ETF and SiM Dynamic
Allocation Growth Income ETF

January 31, 2011.

I. Introduction

    On December 15, 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 following Managed Fund
Shares under NYSE Arca Equities Rule 8.600: SiM Dynamic Allocation
Diversified Income ETF and SiM Dynamic Allocation Growth Income ETF.
The proposed rule change was published for comment in the Federal
Register on December 28, 2010.\3\ The Commission received no comments
on the proposal. This order grants approval of the proposed rule
change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 63587 (December 21,
2010), 75 FR 81697 (``Notice'').
---------------------------------------------------------------------------

II. Description of the Proposal

    The Exchange proposes to list and trade the shares (``Shares'') of
the SiM Dynamic Allocation Diversified Income ETF and SiM Dynamic
Allocation Growth Income ETF (each a ``Fund'' and, collectively,
``Funds'') under NYSE Arca Equities Rule 8.600. The Shares will be
offered by AdvisorShares Trust (``Trust''), a statutory trust organized
under the laws of the State of Delaware and registered with the
Commission as an open-end management investment company.\4\ The
investment advisor to the Funds is AdvisorShares Investments, LLC
(``Advisor''), and Strategic Income Management, LLC (``Sub-Advisor'' or
``SiM'') serves as investment sub-advisor to the Funds. Foreside Fund
Services, LLC is the principal underwriter and distributor of the
Funds' Shares. The Bank of New York Mellon Corporation
(``Administrator'') serves as the administrator, custodian, transfer
agent, and fund accounting agent for the Funds. Each Fund is an
actively managed exchange-traded fund (``ETF'') and thus does not seek
to replicate the performance of a specified index, but uses an active
investment strategy to meet its investment objective. Accordingly, the
Sub-Advisor manages each Fund's portfolio in accordance with each
Fund's investment objective.
---------------------------------------------------------------------------

    \4\ The Trust is registered under the Investment Company Act of
1940 (``1940 Act''). On October 14, 2010, the Trust filed with the
Commission Post-Effective Amendment No. 13 to Form N-1A under the
Securities Act of 1933 (15 U.S.C. 77a) and under the 1940 Act
relating to the Funds (File Nos. 333-157876 and 811-22110)
(``Registration Statement'').
---------------------------------------------------------------------------

SiM Dynamic Allocation Diversified Income ETF

    This Fund's objective is to provide total return, consisting
primarily of reinvestment and growth of income with some long-term
capital appreciation. The Fund is considered a ``fund-of-funds'' that
will seek to achieve its investment objective by primarily investing in
other ETFs that offer diversified exposure to various investment types
(equities, bonds, etc.), global regions, countries, styles (market
capitalization, value, growth, etc.) or sectors, and exchange-traded
products (``ETPs,'' and, together with ETFs, ``Underlying ETPs'')
including, but not limited to, exchange-traded notes (``ETNs''),
exchange-traded currency trusts, and closed-end funds.\5\
---------------------------------------------------------------------------

    \5\ Underlying ETPs, which will be listed on a national
securities exchange, include: Investment Company Units (as described
in NYSE Arca Equities Rule 5.2(j)(3)); Index-Linked Securities (as
described in NYSE Arca Equities Rule 5.2(j)(6)); Portfolio
Depositary Receipts (as described in NYSE Arca Equities Rule 8.100);
Trust Issued Receipts (as described in NYSE Arca Equities Rule
8.200); Commodity-Based Trust Shares (as described in NYSE Arca
Equities Rule 8.201); Currency Trust Shares (as described in NYSE
Arca Equities Rule 8.202); Commodity Index Trust Shares (as
described in NYSE Arca Equities Rule 8.203); Trust Units (as
described in NYSE Arca Equities Rule 8.500); Managed Fund Shares (as
described in NYSE Arca Equities Rule 8.600); and closed-end funds.

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

    The Fund will seek to offer the potential for total return from a
high level of income and a low level of capital growth, with exposure
to a low level of principal risk. The Fund, through its investments in
the Underlying ETPs, generally will invest at least 60% of its net
assets in domestic and international fixed-income funds. The Fund will
allocate its assets among Underlying ETPs in accordance with the Sub-
Advisor's outlook for the economy, the financial markets, and the
relative market valuations of the Underlying ETPs. The Fund will sell
interests or reduce investment exposure among market segments or
Underlying ETPs, if appropriate, when the Sub-Advisor's fundamental and
quantitative factors indicate a low relative strength of such market
segments and that such market segments are likely to underperform the
market as a whole.
    Under normal market conditions, the Fund's portfolio will
generally:
     Invest up to 85% of its assets in Underlying ETPs that
hold fixed-income securities as well as cash equivalents;
     Not invest more than 40% of its net assets in Underlying
ETPs that primarily hold equity securities; and
     Invest up to 20% of its assets in any single Underlying
ETP.
    The Fund's portfolio may temporarily exceed these percentage ranges
for short periods without notice, and the Sub-Advisor, due to certain
market conditions, may alter the percentage ranges when it deems
appropriate.

SiM Dynamic Allocation Growth Income ETF

    This Fund's objective is to provide total return, consisting
primarily of long-term capital appreciation with some reinvestment and
growth of income. The Fund is considered a ``fund-of-funds'' that will
seek to achieve its investment objective by primarily investing in
Underlying ETPs that offer diversified exposure to various investment
types (equities, bonds, etc.), global regions, countries, styles
(market capitalization, value, growth, etc.) or sectors, and ETPs
including, but not limited to, ETNs, exchange-traded currency trusts,
and closed-end funds.
    In general, the Fund will seek to offer investors the potential for
total return from a low to medium level of income and a medium to high
level of capital growth, while exposing them to a medium to high level
of principal risk. The Fund, through its investments in the Underlying
ETPs, generally will invest at least 60% of its net assets in domestic
and international equity funds. The Fund will allocate its assets among
Underlying ETPs in accordance with the Sub-Advisor's outlook for the
economy, the financial markets, and the relative market valuations of
the Underlying ETPs. The Fund will sell interests or reduce investment
exposure among market segments or Underlying ETPs when the Sub-
Advisor's fundamental and quantitative factors indicate a low relative
strength of such market segments and that such market segments are
likely to underperform the market as a whole.
    The Fund's portfolio will generally:
     Invest up to 85% of its assets in Underlying ETPs that
hold equity securities as well as cash equivalents;
     Not invest more than 40% of its net assets in Underlying
ETPs that primarily hold fixed-income securities; and
     Invest up to 20% of its assets in any single Underlying
ETP.
    The Fund's portfolio may temporarily exceed these percentage ranges
for short periods without notice, and the Sub-Advisor, due to certain
market conditions, may alter the percentage ranges when it deems
appropriate.

Other Investments

    The Funds and the Underlying ETPs may invest in equity securities
representing ownership interests in a company or partnership and that
consist of common stocks, preferred stocks, warrants to acquire common
stock, securities convertible into common stock, and investments in
master limited partnerships.\6\ The Funds may enter into repurchase
agreements, which may be deemed to be loans, with financial
institutions, and reverse repurchase agreements as part of the Funds'
investment strategy. The Funds may also invest in U.S. government
securities, U.S. Treasury zero-coupon bonds, and shares of real estate
investment trusts, which are pooled investment vehicles that primarily
invest in real estate or real estate-related loans. To respond to
adverse market, economic, political, or other conditions, the Funds may
invest 100% of their total assets, without limitation, in high-quality
short-term debt securities and money market instruments.
---------------------------------------------------------------------------

    \6\ The Funds will hold only equity securities traded in the
United States on registered exchanges.
---------------------------------------------------------------------------

    Additional details regarding the Trust, Shares, and the Funds,
including, among other things, investment strategies, risks, creations
and redemptions of Shares, fees, portfolio holdings disclosure
policies, distributions, taxes, the calculation of the net asset value
(``NAV''), dissemination and availability of key information about the
Funds, trading halts, trading rules, surveillance, and the Information
Bulletin can be found in the Notice and the Registration Statement, as
applicable.\7\
---------------------------------------------------------------------------

    \7\ See supra notes 3 and 4.
---------------------------------------------------------------------------

III. Discussion and Commission Findings

    After careful consideration, the Commission finds that the proposed
rule change is consistent with the requirements of the Act and the
rules and regulations thereunder applicable to a national securities
exchange.\8\ In particular, the Commission finds that the proposed rule
change is consistent with the requirements of Section 6(b)(5) of the
Act,\9\ which requires, among other things, that the Exchange's rules
be designed 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 it has approved the listing and trading of
other similar Managed Fund Shares.\10\
---------------------------------------------------------------------------

    \8\ In approving this proposed rule change, the Commission notes
that it has considered the proposed rule's impact on efficiency,
competition, and capital formation. See 15 U.S.C. 78c(f).
    \9\ 15 U.S.C. 78f(b)(5).
    \10\ See, e.g., Securities Exchange Act Release No. 63076
(October 12, 2010), 75 FR 63874 (October 18, 2010) (SR-NYSEArca-
2010-79) (approving the listing and trading of the Cambria Global
Tactical ETF, which is a ``fund-of-funds'' that seeks to invest
primarily in other exchange-traded funds listed and traded in the
United States and certain other exchange-traded products including,
but not limited to, exchange-traded notes, exchange-traded currency
trusts, and closed-end funds).
---------------------------------------------------------------------------

    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,\11\ which sets forth Congress' finding that it is in the public
interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. Quotation and

last-sale information for the Shares will be available via the
Consolidated Tape Association high-speed line. In addition, the
Portfolio Indicative Value will be disseminated at least every 15
seconds during the Core Trading Session by one or more major market
data vendors. On each business day before commencement of trading in
Shares in the Core Trading Session on the Exchange, the Funds will
disclose on their website the Disclosed Portfolio, as defined in NYSE
Arca Equities Rule 8.600(c)(2), that will form the basis for the Funds'
calculation of NAV at the end of the business day.\12\ The NAV per
Share for the Funds will be calculated by the Administrator and
determined as of the close of the regular trading session on NYSE Arca
(ordinarily 4:00 p.m., Eastern Time) on each day that the Exchange is
open. Information regarding market price and trading volume of the
Underlying ETPs will be continually available on a real-time basis
throughout the day from major market data vendors, and last-sale and
closing price information for Underlying ETPs will be available on the
website of the national securities exchange on which such securities
are listed or through major market data vendors. Information regarding
market price and trading volume of the Shares will be continually
available on a real time basis through 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. The Funds' Web site will also include
a form of the Prospectus for the Funds, information relating to NAV,
and other quantitative and trading information. Further, a basket
composition file, which includes the security names and share
quantities required to be delivered in exchange for Fund Shares,
together with estimates and actual cash components, will be publicly
disseminated daily prior to the opening of the New York Stock Exchange
via the National Securities Clearing Corporation.
---------------------------------------------------------------------------

    \11\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \12\ On a daily basis, the Advisor will disclose for each
portfolio security or other financial instrument of the Funds the
following information: Ticker symbol (if applicable), name of
security or financial instrument, number of shares or dollar value
of financial instruments held in the portfolio, and percentage
weighting of the security or financial instrument in the portfolio.
---------------------------------------------------------------------------

    The Commission further believes that the proposal to list and trade
the Shares is reasonably designed to promote fair disclosure of
information that may be necessary to price the Shares appropriately and
to prevent trading when a reasonable degree of transparency cannot be
assured. The Commission notes that the Exchange will obtain a
representation from the issuer of the Shares that the NAV and the
Disclosed Portfolio will be made available to all market participants
at the same time.\13\ In addition, the Exchange will halt trading in
the Shares under the specific circumstances set forth in NYSE Arca
Equities Rule 8.600(d)(2)(D), and may halt trading in the Shares to the
extent to which trading is not occurring in the securities and/or the
financial instruments comprising the Disclosed Portfolio of the Funds,
or whether other unusual conditions or circumstances detrimental to the
maintenance of a fair and orderly market are present.\14\ In addition,
NYSE Arca Equities Rule 8.600(d)(2)(B)(ii) requires that the Reporting
Authority that provides the Disclosed Portfolio 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. Further, the Commission notes that neither
the Advisor nor the Sub-Advisor is affiliated with a broker-dealer.\15\
In the event (a) the Advisor or the Sub-Advisor becomes newly
affiliated with a broker-dealer, or (b) any new advisor or sub-advisor
becomes affiliated with a broker-dealer, they will be required to
implement a fire wall with respect to such broker-dealer regarding
access to information concerning the composition and/or changes to a
portfolio, and will be subject to procedures designed to prevent the
use and dissemination of material non-public information regarding such
portfolio.
---------------------------------------------------------------------------

    \13\ See NYSE Arca Equities Rule 8.600(d)(1)(B) (also requiring
that the Exchange obtain a representation from the issuer that NAV
per Share for each Fund will be calculated daily).
    \14\ See NYSE Arca Equities Rule 8.600(d)(2)(C)(ii). With
respect to trading halts, the Exchange may consider other relevant
factors in exercising its discretion to halt or suspend trading in
the Shares of the Funds. Trading in Shares of the Funds will be
halted if the circuit breaker parameters in NYSE Arca Equities Rule
7.12 have been reached. Trading also may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable.
    \15\ See Commentary .06 to NYSE Arca Equities Rule 8.600. With
respect to the Funds, the Exchange represents that the Advisor and
Sub-Advisor, and their related personnel, are subject to Investment
Advisers Act Rule 204A-1. This Rule specifically requires the
adoption of a code of ethics by an investment advisor to include, at
a minimum: (i) Standards of business conduct that reflect the
firm's/personnel fiduciary obligations; (ii) provisions requiring
supervised persons to comply with applicable federal securities
laws; (iii) provisions that require all access persons to report,
and the firm to review, their personal securities transactions and
holdings periodically as specifically set forth in Rule 204A-1; (iv)
provisions requiring supervised persons to report any violations of
the code of ethics promptly to the chief compliance officer
(``CCO'') or, provided the CCO also receives reports of all
violations, to other persons designated in the code of ethics; and
(v) provisions requiring the investment advisor to provide each of
the supervised persons with a copy of the code of ethics with an
acknowledgement by said supervised persons. In addition, Rule
206(4)-7 under the Advisers Act makes it unlawful for an investment
advisor to provide investment advice to clients unless such
investment advisor has (i) adopted and implemented written policies
and procedures reasonably designed to prevent violation, by the
investment advisor and its supervised persons, of the Advisers Act
and the Commission rules adopted thereunder; (ii) implemented, at a
minimum, an annual review regarding the adequacy of the policies and
procedures established pursuant to subparagraph (i) above and the
effectiveness of their implementation; and (iii) designated an
individual (who is a supervised person) responsible for
administering the policies and procedures adopted under subparagraph
(i) above.
---------------------------------------------------------------------------

    The Exchange represents that the Shares are deemed to be equity
securities, thus rendering trading in the Shares subject to the
Exchange's existing rules governing the trading of equity securities.
In support of this proposal, the Exchange has made representations,
including:
    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (3) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and applicable federal
securities laws.
    (4) Prior to the commencement of trading, the Exchange will inform
its 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 in Creation Unit
aggregations (and that Shares are not individual 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
Portfolio Indicative Value will not be calculated or publicly
disseminated; (d) how information regarding the Portfolio Indicative
Value 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.
    (5) A minimum of 100,000 Shares for each Fund will be outstanding
at the

commencement of trading on the Exchange.
    (6) For initial and/or continued listing, the Funds will be in
compliance with Rule 10A-3 under the Act.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    This approval order is based on the Exchange's representations.
    For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act \17\ and the
rules and regulations thereunder applicable to a national securities
exchange.
---------------------------------------------------------------------------

    \17\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\18\ that the proposed rule change (SR-NYSEArca-2010-118), be, and
it hereby is, approved.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\19\
---------------------------------------------------------------------------

    \19\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-2457 Filed 2-3-11; 8:45 am]
BILLING CODE 8011-01-P