[Federal Register: January 20, 2010 (Volume 75, Number 12)]
[Notices]
[Page 3219]
[DOCID:fr20ja10-55]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 6885-000]

Richard Moss; Notice of Authorization for Continued Project
Operation

January 12, 2010.
    On January 31, 2008, Richard Moss, licensee for the Cinnamon Ranch
Hydroelectric Project, filed an Application for a New License pursuant
to the Federal Power Act (FPA) and the Commission's regulations
thereunder. The Cinnamon Ranch Hydroelectric Project is located on the
Middle, Birch, and Pellisier Creek near the Town of Benton, California.
    The license for Project No. 6885 was issued for a period ending
December 31, 2009. Section 15(a)(1) of the FPA, 16 U.S.C. 808(a)(1),
requires the Commission, at the expiration of a license term, to issue
from year-to-year an annual license to the then licensee under the
terms and conditions of the prior license until a new license is
issued, or the project is otherwise disposed of as provided in section
15 or any other applicable section of the FPA. If the project's prior
license waived the applicability of section 15 of the FPA, then, based
on section 9(b) of the Administrative Procedure Act, 5 U.S.C. 558(c),
and as set forth at 18 CFR 16.21(a), if the licensee of such project
has filed an application for a subsequent license, the licensee may
continue to operate the project in accordance with the terms and
conditions of the license after the minor or minor part license
expires, until the Commission acts on its application. If the licensee
of such a project has not filed an application for a subsequent
license, then it may be required, pursuant to 18 CFR 16.21(b), to
continue project operations until the Commission issues someone else a
license for the project or otherwise orders disposition of the project.
    If the project is subject to section 15 of the FPA, notice is
hereby given that an annual license for Project No. 6885 is issued to
Richard Moss for a period effective January 1, 2010 through December
31, 2010, or until the issuance of a new license for the project or
other disposition under the FPA, whichever comes first. If issuance of
a new license (or other disposition) does not take place on or before
December 31, 2010, notice is hereby given that, pursuant to 18 CFR
16.18(c), an annual license under section 15(a)(1) of the FPA is
renewed automatically without further order or notice by the
Commission, unless the Commission orders otherwise. If the project is
not subject to section 15 of the FPA, notice is hereby given that
Richard Moss is authorized to continue operation of the Cinnamon Ranch
Hydroelectric Project, until such time as the Commission acts on its
application for a subsequent license.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-909 Filed 1-19-10; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 110 (Friday, June 7, 2013)]
[Proposed Rules]
[Pages 34300-34303]
[FR Doc No: 2013-13519]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2013-0260]
RIN 1625-AA00

Safety Zone; Bullhead City Regatta, Bullhead City, AZ

AGENCY: Coast Guard, DHS.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Coast Guard is proposing a temporary safety zone on the
navigable waters of the Colorado River in Bullhead City, Arizona for
the Bullhead City Regatta on August 10, 2013. This temporary safety
zone is necessary to provide for the safety of the participants, crew,
spectators, participating vessels, and other vessels and users of the
waterway. Persons and vessels would be prohibited from entering into,
transiting through or anchoring within this safety zone unless
authorized by the Captain of the Port or his designated representative.

DATES: Comments and related material must be received by the Coast
Guard on or before July 8, 2013. Rquests for public meetings must be
received by the Coast Guard on or before June 21, 2013.

ADDRESSES: You may submit comments identified by docket number using
any one of the following methods:
    (1) Federal eRulemaking Portal: http://www.regulations.gov.
    (2) Fax:<PHONE_NUMBER>.
    (3) Mail or Delivery: Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE., Washington, DC 20590-0001. Deliveries
accepted between 9 a.m. and 5 p.m., Monday through Friday, except
federal holidays. The telephone number is<PHONE_NUMBER>.
    See the ``Public Participation and Request for Comments'' portion
of the SUPPLEMENTARY INFORMATION section below for further instructions
on submitting comments. To avoid duplication, please use only one of
these three methods.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule,
call or email Lieutenant John Bannon, Waterways Management, U.S. Coast
Guard Sector San Diego; telephone<PHONE_NUMBER>, email
<EMAIL_ADDRESS>If you have questions on viewing or submitting
material to the docket, call Barbara Hairston, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Table of Acronyms

DHS Department of Homeland Security
FR Federal Register
NPRM Notice of Proposed Rulemaking

A. Public Participation and Request for Comments

    We encourage you to participate in this rulemaking by submitting
comments and related materials. All comments received will be posted
without change to http://www.regulations.gov and will include any
personal information you have provided.

1. Submitting Comments

    If you submit a comment, please include the docket number for this
rulemaking, indicate the specific section of this document to which
each comment applies, and provide a reason for each suggestion or
recommendation. You may submit your comments and material online at
http://www.regulations.gov, or by fax, mail, or hand delivery, but
please use only one of these means. If you submit a comment online, it
will be considered received by the Coast Guard when you successfully
transmit the comment. If you fax, hand deliver, or mail your comment,
it will be considered as having been received by the Coast Guard when
it is received at the Docket Management Facility. We recommend that you
include your name and a mailing address, an email address, or a
telephone number in the body of your document so that we can contact
you if we have questions regarding your submission.
    To submit your comment online, go to http://www.regulations.gov,
type the docket number [USCG-2013-0260] in the ``SEARCH'' box and click
``SEARCH.'' If you submit your comments by mail or hand delivery,
submit them in an unbound format, no larger than 8\1/2\ by 11 inches,
suitable for copying and electronic filing. If you submit comments by
mail and would like to know that they reached the Facility, please
enclose a stamped, self-addressed postcard or envelope. We will
consider all comments and material received during the comment period
and may change the rule based on your comments.

2. Viewing Comments and Documents

    To view comments, as well as documents mentioned in this preamble
as being available in the docket, go to http://www.regulations.gov,
type the docket number (USCG-2013-0260) in the ``SEARCH'' box and click
``SEARCH.'' Click on Open Docket Folder on the line associated with
this rulemaking. You may also visit the Docket Management Facility in
Room W12-140 on the ground floor of the Department of Transportation
West Building, 1200 New Jersey Avenue SE., Washington, DC 20590,
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.

3. Privacy Act

    Anyone can search the electronic form of comments received into any
of our dockets by the name of the individual submitting the comment (or
signing the comment, if submitted on behalf of an association,
business, labor union, etc.). You may review a Privacy Act notice
regarding our public dockets in the January 17, 2008, issue of the
Federal Register (73 FR 3316).

4. Public Meeting

    We do not now plan to hold a public meeting. But you may submit a
request for one, using one of the methods specified under ADDRESSES.
Please explain why you believe a public meeting would be beneficial. If
we determine that one would aid this rulemaking, we will hold one at a
time and place announced by a later notice in the Federal Register.

B. Basis and Purpose

    The Ports and Waterways Safety Act (33 U.S.C sections 1221 et seq.)
authorizes the Coast Guard to establish safety zones.
    The City of Bullhead is sponsoring the Bullhead City Regatta, which
is held on the navigable waters of the Colorado River in Bullhead City,
AZ. The proposed temporary safety zone is necessary to provide for the
safety of the participants, crew, spectators, sponsor vessels, and
other vessels and users of the waterway. This event involves people
floating down the river on inflatable rafts, inner tubes and floating
platforms. The size of vessels used would vary in length from 3 feet to
100 feet. Approximately 30,000 people would be participating in this
event. The sponsor would provide 38 patrol and rescue vessels to help
facilitate the event and ensure public safety.

C. Discussion of Proposed Rule

    The Coast Guard is proposing a temporary safety zone that would be
enforced from 6 a.m. to 6 p.m. on August 10, 2013. This safety zone is
necessary to provide for the safety of the crews, spectators,
participants, and other vessels and users of the waterway. Persons and
vessels would be prohibited from entering into, transiting through, or
anchoring within this safety zone unless authorized by the Captain of
the Port, or his designated representative. The proposed temporary
safety zone would include the waters of the Colorado River between
Davis Camp and Rotary Park in Bullhead City, AZ. Before the effective
period, the Coast Guard will publish a Local Notice to Mariners (LNM).

D. Regulatory Analyses

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

1. Regulatory Planning and Review

    This proposed rule is not a significant regulatory action under
section 3(f) of Executive Order 12866, Regulatory Planning and Review,
as supplemented by Executive Order 13563, Improving Regulation and
Regulatory Review, and does not require an assessment of potential
costs and benefits under section 6(a)(3) of Executive Order 12866 or
under section 1 of Executive Order 13563. The Office of Management and
Budget has not reviewed it under those Orders. This determination is
based on the size and location of the safety zone. Although the safety
zone would apply to the entire width of the river, traffic would be
allowed to pass through the zone with the permission of the Captain of
the Port. Additionally, before the effective period, the Coast Guard
will publish a Local Notice to Mariners (LNM).

2. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as
amended, requires federal agencies to consider the potential impact of
regulations on small entities during rulemaking. The term ``small
entities'' comprises small businesses, not-for-profit organizations
that are independently owned and operated and are not dominant in their
fields, and governmental jurisdictions with populations of less than
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this
proposed rule will not have a significant economic impact on a
substantial number of small entities.

This proposed rule will affect the following entities, some of which
might be small entities: the owners or operators of vessels intending
to transit or anchor in that portion of the Colorado River between
Davis Camp and Rotary Park between 6 a.m. and 6 p.m. on August 10,
2013.
    This safety zone will not have a significant economic impact on a
substantial number of small entities for the following reasons.
Although the safety zone would apply to the entire width of the river,
traffic would be allowed to pass through the zone with the permission
of the Coast Guard patrol commander. Before the effective period, the
Coast Guard will publish a Local Notice to Mariners (LNM).
    If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this rule would have
a significant economic impact on it, please submit a comment (see
ADDRESSES) explaining why you think it qualifies and how and to what
degree this rule would economically affect it.

3. Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small
entities in understanding this proposed rule. If the rule would affect
your small business, organization, or governmental jurisdiction and you
have questions concerning its provisions or options for compliance,
please contact the person listed in the FOR FURTHER INFORMATION
CONTACT, above. The Coast Guard will not retaliate against small
entities that question or complain about this proposed rule or any
policy or action of the Coast Guard.

4. Collection of Information

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

5. Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on the States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among the various levels of
government. We have analyzed this proposed rule under that Order and
determined that this rule does not have implications for federalism.

6. Protest Activities

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

7. Unfunded Mandates Reform Act

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

8. Taking of Private Property

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

9. Civil Justice Reform

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

10. Protection of Children from Environmental Health Risks

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

11. Indian Tribal Governments

    This proposed rule does not have tribal implications under
Executive Order 13175, Consultation and Coordination with Indian Tribal
Governments, because it would not have a substantial direct effect on
one or more Indian tribes, on the relationship between the Federal
Government and Indian tribes, or on the distribution of power and
responsibilities between the Federal Government and Indian tribes.

12. Energy Effects

    This proposed rule is not a ``significant energy action'' under
Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use.

13. Technical Standards

    This proposed rule does not use technical standards. Therefore, we
did not consider the use of voluntary consensus standards.

14. Environment

    We have analyzed this proposed rule under Department of Homeland
Security Management Directive 023-01 and Commandant Instruction
M16475.lD, which guide the Coast Guard in complying with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and
have made a preliminary determination that this action is one of a
category of actions that do not individually or cumulatively have a
significant effect on the human environment. This proposed rule
involves establishing a temporary safety zone. This proposed rule is
categorically excluded from further review under paragraph 34(g) of
Figure 2-1 of the Commandant Instruction. A preliminary environmental
analysis checklist supporting this determination and a Categorical
Exclusion Determination are available in the docket where indicated
under ADDRESSES. We seek any comments or information that may lead to
the discovery of a significant environmental impact from this proposed
rule.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and
recordkeeping requirements, Security Measures, Waterways.
    For the reasons discussed in the preamble, the Coast Guard proposes
to amend 33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

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

    Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5;
Pub. L. 107-295, 116 Stat. 2064; Department of Homeland Security
Delegation No. 0170.1.

0
2. Add Sec.  165.T11-570 to read as follows:

Sec.  165.T11-570  Safety zone; Bullhead City Regatta; Bullhead City,
AZ.

    (a) Location. This temporary safety zone includes all waters of the
Colorado

River between Davis Camp and Rotary Park in Bullhead City, AZ.
    (b) Enforcement Period. This section will be enforced from 6 a.m.
to 6 p.m. on August 10, 2013. Before the effective period, the Coast
Guard will publish a Local Notice to Mariners (LNM). If the event
concludes prior to the scheduled termination time, the Captain of the
Port will cease enforcement of this safety zone and will announce that
fact via Broadcast Notice to Mariners.
    (c) Definitions. The following definition applies to this section:
designated representative, means any commissioned, warrant, or petty
officer of the Coast Guard on board Coast Guard, Coast Guard Auxiliary,
and local, state, and federal law enforcement vessels who have been
authorized to act on the behalf of the Captain of the Port.
    (d) Regulations. (1) Entry into, transit through or anchoring
within this safety zone is prohibited unless authorized by the Captain
of the Port of San Diego or his designated representative.
    (2) Mariners can request permission to transit through the safety
zone from the Patrol Commander. The Patrol Commander can be contacted
on VHF-FM channels 16 and 23.
    (3) All persons and vessels shall comply with the instructions of
the Coast Guard Captain of the Port or his designated representative.
    (4) Upon being hailed by U.S. Coast Guard patrol personnel by
siren, radio, flashing light, or other means, the operator of a vessel
shall proceed as directed.
    (5) The Coast Guard may be assisted by other federal, state, or
local agencies.

    Dated: May 24, 2013.
S.M. Mahoney,
Captain, U.S. Coast Guard Captain of the Port San Diego.
[FR Doc. 2013-13519 Filed 6-6-13; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 75, Number 232 (Friday, December 3, 2010)]
[Notices]
[Pages 75540-75542]
[FR Doc No: 2010-30315]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2010-0387]

Identification of Interstate Motor Vehicles: The Port Authority
of New York and New Jersey's Drayage Truck Registry Sticker Display
Requirements; Petition for Determination

AGENCY: Federal Motor Carrier Safety Administration, Department of
Transportation.

ACTION: Notice of petition for determination; request for comments.

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SUMMARY: FMCSA invites all interested persons to comment on a petition
that the New Jersey Motor Truck Association (NJMTA) submitted
requesting that FMCSA declare the Port Authority of New York and New
Jersey's (Port Authority) Drayage Truck Registry

(DTR) sticker display requirement preempted by Federal law. The Safe,
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy
for Users (SAFETEA-LU) prohibits States and their political
subdivisions from requiring motor carriers to display in or on
commercial motor vehicles (CMVs) any form of identification other than
forms required by the Secretary of Transportation, with certain
exceptions. NJMTA requests that FMCSA determine that the Port
Authority's DTR sticker display requirement is preempted by SAFETEA-LU.
FMCSA seeks comment on whether the Port Authority's display requirement
described below is preempted or whether it qualifies for the relevant
exception codified at 49 U.S.C. 14506(b)(3).

DATES: Initial comments are due on or before January 3, 2011. In order
to allow adequate time and notice for commenters to prepare reply
comments, initial comments received after the deadline will not be
considered. Reply comments are due on or before January 18, 2011. The
Agency will only consider reply comments responding directly to issues
raised in the initial round of comments. Commenters may not use reply
comments to raise new issues.

ADDRESSES: You may submit comments identified by the Federal Docket
Management System Number in the heading of this document by any of the
following methods. To allow effective public participation before the
comment deadline, however, the Agency encourages use of the Web site
that is listed first. It will provide the most efficient and timely
method of receiving and processing your comments. Do not submit the
same comments by more than one method.
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the online instructions for submitting
comments.
     Fax: 1-202-493-2251.
     Mail: Docket Management Facility; U.S. Department of
Transportation, Room W12-140, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001.
     Hand Delivery: Ground floor, Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays.
    Instructions: All submissions must include the Agency name and
docket number for this action. Note that all comments received will be
posted without change to http://www.regulations.gov, including any
personal information provided. Refer to the Privacy Act heading on
http://www.regulations.gov for further information.
    Public Participation: The regulations.gov system is generally
available 24 hours each day, 365 days each year. You can find
electronic submission and retrieval help and guidelines under the
``help'' section of the Web site. For notification that FMCSA received
the comments, please include a self-addressed, stamped envelope or
postcard, or print the acknowledgement page that appears after
submitting comments on line. Copies or abstracts of all documents
referenced in this notice are in this docket. For access to the docket
to read background documents or comments received, go to http://www.regulations.gov at any time or to Room W12-140, 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., e.t., Monday
through Friday, except Federal holidays. All comments received before
the close of business on the initial comment closing date indicated
above will be considered and will be available for examination in the
docket at the above address. Comments received after the closing date
will not be considered. FMCSA will continue to file in the public
docket relevant information that becomes available after the comment
closing date. Interested persons should monitor the public docket for
new material.

FOR FURTHER INFORMATION CONTACT: Genevieve D. Sapir, Office of the
Chief Counsel, Federal Motor Carrier Safety Administration, 1200 New
Jersey Avenue, SE., Washington, DC 20590,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Background

    Effective October 1, 2010, the Port Authority amended its marine
tariff (PAMT FMC No. 10) to require trucks entering marine terminal
facilities to display a sticker showing compliance with its new Drayage
Truck Registry (DTR). In response, the NJMTA has petitioned the
Secretary of Transportation (Secretary) for a determination that the
Port Authority's sticker display requirement is preempted by Federal
law. Effective October 15, 2010, and in response to the NJMTA's
petition, the Port Authority amended its tariff to clarify that the
compliance stickers are a voluntary way to demonstrate compliance with
the DTR and that no truck will be denied access to marine terminal
facilities for failure to display a sticker. In a letter to the
Secretary dated November 2, 2010, the NJMTA disagreed that the
compliance sticker would be voluntary and amended its petition to
request the Secretary to determine that the substantive provisions of
the DTR are preempted under 49 U.S.C. 14501(c). FMCSA will consider the
NJMTA's request for a preemption determination on the substantive
provisions of the DTR as a separate matter, but will make its decision
available in this docket for inspection.
    The NJMTA is a non-profit trade association that represents over
500 trucking companies with operations in New Jersey. NJMTA states that
its mission is to foster and promote sound economical and efficient
service by motor carrier transportation; to promote safety and courtesy
in highway transportation; to foster and support beneficial laws and
regulations affecting the motor carrier industry and highway
transportation; to promote and encourage the construction and
maintenance of an adequate system of safely engineered highways; to
foster and promote sound and reasonable taxation at the State and
Federal levels on highway users; and to engage in any and all
activities that will advance the interests of highway transportation
and highway users generally.
    The Port Authority conceives, builds, operates and maintains
infrastructure critical to the New York/New Jersey region's trade and
transportation network. These facilities include the New York/New
Jersey airport system, marine terminals and ports, the PATH rail
transit system, six tunnels and bridges between New York and New
Jersey, the Port Authority Bus Terminal in Manhattan, and the World
Trade Center.
    In an effort to reduce Port-related diesel and greenhouse gas
emissions, the Port Authority is implementing a truck phase-out plan
that will deny old drayage trucks access to its marine terminal
facilities. Under this plan, the Port Authority will deny drayage
trucks with pre-1994 model year engines access to Port Authority marine
terminal facilities effective January 1, 2011. Effective January 1,
2017, the Port Authority will deny drayage trucks equipped with engines
that fail to meet or exceed 2007 model year Federal heavy-duty, diesel-
fueled, on-road emission standards access to marine terminal
facilities. In order to implement the truck phase-out plan, the Port
Authority will require drayage trucks accessing Port Authority marine
terminal facilities to be registered in the DTR. The Port Authority
will issue compliance stickers to drayage trucks that are compliant
with the elements of the phase-out plan to facilitate and expedite
transit of those trucks onto,

through and out of marine terminal facilities. As noted above, the Port
Authority has amended its tariff to clarify that the compliance
stickers are a voluntary way to demonstrate compliance with the DTR and
that no truck will be denied access to marine terminal facilities for
failure to display a sticker.
    Section 4306(a) of SAFETEA-LU, codified at 49 U.S.C. 14506,
prohibits States from requiring motor carriers to display in or on
commercial motor vehicles any form of identification other than forms
required by the Secretary of Transportation. Section 14506(b)(3)
authorizes the Secretary to make an exception for display requirements
that he ``determines are appropriate.''
    FMCSA seeks comment on whether the Port Authority's sticker display
requirement is preempted by Federal law. Specifically, the Agency seeks
comment on whether the Port Authority's sticker display requirement
should qualify for the Secretary's exception in 49 U.S.C. 14506(b)(3).
NJMTA's petition, the Port Authority's October 21, 2010 submission to
FMCSA in response to the petition, NJMTA's November 2, 2010 amended
petition and the relevant portions of the Port Authority's October 1
and October 15, 2010 marine terminal tariffs are available in the
docket for inspection.

Request for Comments

    FMCSA invites the Port Authority, as well as any other interested
party, to comment on the limited issue of whether the Port Authority's
sticker display requirement is preempted by 49 U.S.C. 15406. Interested
parties are requested to limit their comments to this issue. FMCSA will
not consider NJMTA's request to preempt substantive provisions of the
DTR as a part of this docket. FMCSA encourages commenters to submit
data or legal authorities supporting their positions.

    Issued on: November 19, 2010.
Anne S. Ferro,
Administrator.
[FR Doc. 2010-30315 Filed 12-2-10; 8:45 am]
BILLING CODE 4910-EX-P


[Federal Register Volume 82, Number 107 (Tuesday, June 6, 2017)]
[Notices]
[Pages 26083-26084]
[FR Doc No: 2017-11661]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-2124-016.
    Applicants: Spring Canyon Energy LLC.
    Description: Supplement to December 23, 2016 Triennial Report of
Spring Canyon Energy LLC.
    Filed Date: 5/30/17.
    Accession Number: 20170530-5318.
    Comments Due: 5 p.m. ET 6/20/17.

    Docket Numbers: ER10-2125-017.
    Applicants: Judith Gap Energy LLC.
    Description: Supplement to December 23, 2016 Triennial Report of
Judith Gap Energy LLC.
    Filed Date: 5/30/17.
    Accession Number: 20170530-5319.
    Comments Due: 5 p.m. ET 6/20/17.

    Docket Numbers: ER10-2128-016.
    Applicants: Wolverine Creek Energy LLC.
    Description: Supplement to December 23, 2016 Triennial Report for
Wolverine Creek Energy LLC.
    Filed Date: 5/30/17.
    Accession Number: 20170530-5317.
    Comments Due: 5 p.m. ET 6/20/17.

    Docket Numbers: ER10-2129-012.
    Applicants: Grays Harbor Energy LLC.
    Description: Supplement to December 23, 2016 Triennial Report of
Grays Harbor Energy LLC.
    Filed Date: 5/30/17.
    Accession Number: 20170530-5320.
    Comments Due: 5 p.m. ET 6/20/17.

    Docket Numbers: ER10-2132-016.
    Applicants: Willow Creek Energy LLC.
    Description: Supplement to December 23, 2016 Triennial Report of
Willow Creek Energy LLC.
    Filed Date: 5/30/17.
    Accession Number: 20170530-5321.
    Comments Due: 5 p.m. ET 6/20/17.

    Docket Numbers: ER10-2135-012.
    Applicants: Spindle Hill Energy LLC.

    Description: Supplement to December 23, 2016 Triennial Report of
Spindle Hill Energy LLC.
    Filed Date: 5/30/17.
    Accession Number: 20170530-5322.
    Comments Due: 5 p.m. ET 6/20/17.

    Docket Numbers: ER16-1720-002.
    Applicants: Invenergy Energy Management LLC.
    Description: Supplement to December 23, 2016 Triennial Report for
the Northwest Region of Invenergy Energy Management LLC.
    Filed Date: 5/30/17.
    Accession Number: 20170530-5141.
    Comments Due: 5 p.m. ET 6/20/17.

    Docket Numbers: ER17-1713-000.
    Applicants: ISO New England Inc., NSTAR Electric Company.
    Description: Sec.  205(d) Rate Filing: ISO-NE and NSTAR Original
Service Agreement under Schedule 21-NSTAR of ISO OATT to be effective
7/31/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5098.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1714-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: LGIA Puente Power Project to
be effective 6/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5167.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1715-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: May 2017 Western WDT Service
Agreement Biannual Filing to be effective 8/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5168.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1716-000.
    Applicants: Pacific Gas and Electric Company.
    Description: Sec.  205(d) Rate Filing: May 2017 Western
Interconnection Agreement Biannual Filing to be effective 8/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5174.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1717-000.
    Applicants: Dynegy Conesville, LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Service Rate
Schedule Filings and Request for Waiver to be effective 5/9/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5190.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1718-000.
    Applicants: Dynegy Dicks Creek, LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Service Rate
Schedule Filings and Request for Waiver to be effective 8/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5194.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1719-000.
    Applicants: Dynegy Killen, LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Service Rate
Schedule Filings and Request for Waiver to be effective 8/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5196.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1720-000.
    Applicants: Dynegy Miami Fort, LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Service Rate
Schedule Filings and Request for Waiver to be effective 8/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5197.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1721-000.
    Applicants: Dynegy Stuart, LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Service Rate
Schedule Filings and Request for Waiver to be effective 8/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5201.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1722-000.
    Applicants: Dynegy Zimmer, LLC.
    Description: Sec.  205(d) Rate Filing: Reactive Service Rate
Schedule Filings and Request for Waiver to be effective 8/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5203.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1723-000.
    Applicants: Green Power Solutions of Georgia, LLC.
    Description: Baseline eTariff Filing: Application for Market Based
Rate to be effective 6/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5205.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1724-000.
    Applicants: Southern California Edison Company.
    Description: Sec.  205(d) Rate Filing: Rate Schedule No. 508 to be
effective 6/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5215.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1725-000.
    Applicants: MATL LLP.
    Description: Sec.  205(d) Rate Filing: Creditworthiness Alignment
Filing to be effective 7/31/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5231.
    Comments Due: 5 p.m. ET 6/21/17.

    Docket Numbers: ER17-1726-000.
    Applicants: Tampa Electric Company.
    Description: Sec.  205(d) Rate Filing: Emergency Interchange
Service Schedule A&B-2017 (Bundled) to be effective 5/1/2017.
    Filed Date: 5/31/17.
    Accession Number: 20170531-5256.
    Comments Due: 5 p.m. ET 6/21/17.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 31, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-11661 Filed 6-5-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 78, Number 216 (Thursday, November 7, 2013)]
[Notices]
[Pages 66973-66980]
[FR Doc No: 2013-26663]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-70798; File No. SR-NYSEArca-2013-111]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Proposed Rule Change To List and Trade Shares of Manna Core Equity
Enhanced Dividend Income Fund Under NYSEArca Equities Rule 8.600

November 1, 2013.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby
given that, on October 23, 2013, NYSE Arca, Inc. (the ``Exchange'' or
``NYSE Arca'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of the
Substance of the Proposed Rule Change

    The Exchange proposes to list and trade shares of the following
(``Managed Fund Shares''): Manna Core Equity Enhanced Dividend Income
Fund under NYSE Arca Equities Rule 8.600. The text of the proposed rule
change is available on the Exchange's Web site at www.nyse.com, at the
principal office of the Exchange, and at the Commission's Public
Reference Room.

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

    In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The Exchange proposes to list and trade shares (``Shares'') of the
following under NYSE Arca Equities Rule 8.600, which governs the
listing and trading of Managed Fund Shares \4\ on the Exchange: Manna
Core Equity Enhanced Dividend Income Fund (the ``Fund'').\5\ The Shares
of the Fund will be offered by ETF Actively Managed Trust (the
``Trust''). The Trust will be registered with the Securities and
Exchange Commission (``Commission'') as an open-end management
investment company.\6\ ETF Issuer Solutions, Inc. will serve as the
investment adviser to the Fund (the ``Adviser''). ETF Distributors LLC
(the ``Distributor'') will be the principal distributor of the Fund's
Shares. Manna ETFs Management LLC (the ``Sub-Adviser'') will serve as
sub-adviser for the Fund. The Bank of New York Mellon will serve as the
administrator, accountant, custodian and transfer agent for the Fund
(``Administrator,'' ``Accountant,'' ``Custodian'' and ``Transfer
Agent,'' respectively).
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    \4\ A Managed Fund Share is a security that represents an
interest in an investment company registered under the Investment
Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act'') organized as an
open-end investment company or similar entity that invests in a
portfolio of securities selected by its investment adviser
consistent with its investment objectives and policies. In contrast,
an open-end investment company that issues Investment Company Units,
listed and traded on the Exchange under NYSE Arca Equities Rule
5.2(j)(3), seeks to provide investment results that correspond
generally to the price and yield performance of a specific foreign
or domestic stock index, fixed income securities index or
combination thereof.
    \5\ The Commission has previously approved listing and trading
on the Exchange of a number of actively managed funds under Rule
8.600. See, e.g., Securities Exchange Act Release Nos. 57801 (May 8,
2008), 73 FR 27878 (May 14, 2008) (SR-NYSEArca-2008-31) (order
approving Exchange listing and trading of twelve actively-managed
funds of the WisdomTree Trust); 60460 (August 7, 2009), 74 FR 41468
(August 17, 2009) (SR-NYSEArca-2009-55) (order approving listing and
trading of Dent Tactical ETF); 63076 (October 12, 2010), 75 FR 63874
(October 18, 2010) (SR-NYSEArca-2010-79) (order approving listing
and trading of Cambria Global Tactical ETF).
    \6\ The Trust is registered under the 1940 Act. On April 2,
2013, the Trust filed a registration statement on Form N-1A under
the Securities Act of 1933 (the ``1933 Act'') (15 U.S.C. 77a), and
under the 1940 Act relating to the Fund (File Nos. 333-187668 and
811-22819) (the ``Registration Statement''). The description of the
operation of the Trust and the Fund herein is based, in part, on the
Registration Statement. The Trust filed an Amended and Restated
Application for an Order under Section 6(c) of the 1940 Act for
exemptions from various provisions of the 1940 Act and rules
thereunder (File No. 812-14080), dated June 19, 2013 (``Exemptive
Application''). The Commission has issued an order granting certain
exemptive relief to the Trust under the 1940 Act. See Investment
Company Act Release No. 30607 (July 23, 2013) (``Exemptive Order'').
Investments made by the Fund will comply with the conditions set
forth in the Exemptive Application and the Exemptive Order.
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    The Fund will be classified as a ``diversified'' investment company
under the 1940 Act.\7\
---------------------------------------------------------------------------

    \7\ The diversification standard is set forth in Section 5(b)(1)
of the 1940 Act.
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    The Fund intends to qualify for and to elect treatment as a
separate regulated investment company (``RIC'') under Subchapter M of
the Internal Revenue Code.\8\
---------------------------------------------------------------------------

    \8\ 26 U.S.C. 851 et seq.
---------------------------------------------------------------------------

    Commentary .06 to Rule 8.600 provides that, if the investment
adviser to the investment company issuing Managed Fund Shares is
affiliated with a broker-dealer, such investment adviser shall erect a
``fire wall'' between the investment adviser and the broker-dealer with
respect to access to information concerning the composition of and/or
changes to such investment company portfolio. Commentary .06 further
requires that personnel who make decisions on the open-end fund's
portfolio composition must be subject to procedures designed to prevent
the use and dissemination of material nonpublic information regarding
the open-end fund's portfolio.\9\ Commentary .06 to Rule 8.600 is
similar to Commentary .03(a)(i) and (iii) to NYSE Arca Equities Rule
5.2(j)(3); however, Commentary .06 in connection with the establishment
of a ``fire wall'' between the investment adviser and the broker-dealer
reflects the applicable open-end fund's portfolio, not an underlying
benchmark index, as is the case with index-based funds. The Adviser and
Sub-Adviser are not registered as a broker-dealer; however the Adviser
is affiliated with a broker-dealer and has implemented a fire wall with
respect to such broker-dealer regarding access to information
concerning the composition and/or changes to the portfolio, and will be
subject to procedures designed to prevent the use and dissemination of
material non-public information regarding the portfolio. In the event
(a) the Adviser or any sub-adviser registers as a broker-dealer or
becomes newly affiliated with a broker-dealer, or (b) any new adviser
or sub-adviser is a registered broker-dealer or becomes affiliated with
a broker-dealer, they will implement a fire wall with respect to their
relevant personnel or broker-dealer affiliate regarding access to
information concerning the composition and/or changes to the portfolio,
and will be subject to procedures designed to prevent the use and
dissemination of material non-public information regarding such
portfolio.
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    \9\ An investment adviser to an open-end fund is required to be
registered under the Investment Advisers Act of 1940 (the ``Advisers
Act''). As a result, the Adviser and its related personnel are
subject to the provisions of Rule 204A-1 under the Advisers Act
relating to codes of ethics. This Rule requires investment advisers
to adopt a code of ethics that reflects the fiduciary nature of the
relationship to clients as well as compliance with other applicable
securities laws. Accordingly, procedures designed to prevent the
communication and misuse of non-public information by an investment
adviser must be consistent with Rule 204A-1 under the Advisers Act.
In addition, Rule 206(4)-7 under the Advisers Act makes it unlawful
for an investment adviser to provide investment advice to clients
unless such investment adviser has (i) adopted and implemented
written policies and procedures reasonably designed to prevent
violation, by the investment adviser and its supervised persons, of
the Advisers Act and the Commission rules adopted thereunder; (ii)
implemented, at a minimum, an annual review regarding the adequacy
of the policies and procedures established pursuant to subparagraph
(i) above and the effectiveness of their implementation; and (iii)
designated an individual (who is a supervised person) responsible
for administering the policies and procedures adopted under
subparagraph (i) above.
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Principal Fund Investments
    According to the Registration Statement, the Fund seeks long-term
capital appreciation and income primarily through purchases and short
sales of U.S. and international equity securities. The Fund will seek
to achieve its investment objective by normally \10\ investing up to
100% (but not less than 80%) of its net assets between its Core
Position, Dividend Position and Short Position (each as defined below).
The Fund expects to invest in a portfolio of U.S. common stocks or
exchange traded funds (``ETFs'') selected by the Sub-Adviser to reflect
a broad spectrum (i.e., positions in companies of different market
capitalizations) of the U.S. equity market (the ``Core Position''). The
Fund also expects to invest in a portfolio that

may contain U.S. and non-U.S. common stocks, American Depositary
Receipts (``ADRs''), participation notes, or other equity securities
listed on U.S. or non-U.S. exchanges or traded over the counter that
the Sub-Adviser expects to generate dividend income to the Fund (the
``Dividend Position''). The Fund also expects to sell short a portfolio
of common stocks, index- or sector-based ETFs, other investment
companies, exchange traded notes (``ETNs'') and other exchange traded
products (``ETPs''),\11\ other securities or index- or sector-based
futures contracts all of which trade on U.S. and non-U.S. exchanges
selected for the purpose of hedging against country or currency risk
associated with the investments in the Dividend Position, or because
they are likely to underperform the market or lose value in the near
term (the ``Short Position'').
---------------------------------------------------------------------------

    \10\ The term ``normally'' includes, but is not limited to, the
absence of extreme volatility or trading halts in the equity markets
or the financial markets generally; operational issues causing
dissemination of inaccurate market information; or force majeure
type events such as systems failure, natural or man-made disaster,
act of God, armed conflict, act of terrorism, riot or labor
disruption or any similar intervening circumstance. According to the
Registration Statement, in certain adverse market, economic,
political, or other conditions, the Fund may temporarily depart from
its normal investment policies and strategies provided that the
alternative is consistent with the Fund's investment objective and
is in the best interest of the Fund. The Fund may determine that
market conditions warrant investing in cash or cash equivalents,
such as money market instruments, and to the extent permitted by
applicable law and the Fund's investment restrictions, shares of
other investment companies. Under such circumstances, the Fund may
invest up to 100% of its assets in these investments.
    \11\ For purposes of this proposed rule change, ETPs 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). The ETPs all will be listed and traded in the
U.S. on registered exchanges. While the Funds may invest in inverse
ETPs, the Funds will not invest in leveraged or inverse leveraged
ETPs (e.g., 2X or 3X).
---------------------------------------------------------------------------

    The Fund will be an actively managed ETF and thus does not seek to
replicate the performance of a specific index. Instead, the Fund will
use an active investment strategy to meet its investment objective. The
Sub-Adviser, subject to the oversight of the Adviser and the Board of
Trustees of the Trust (the ``Board of Trustees''), will have discretion
on a daily basis to manage the Fund's portfolio in accordance with the
Fund's investment objective and investment policies.
    According to the Registration Statement, the Sub-Adviser will
typically seek to invest the Core Position in a portfolio of common
stocks and ETPs selected by the Sub-Adviser to reflect a broad spectrum
(i.e., positions in companies of different market capitalizations) of
the U.S. equity market. The Core Position may invest in the common
stock of issuers of any market capitalization and there are no
requirements as to the number of securities the Core Position must
hold.
    According to the Registration Statement, the Fund may invest in any
type of ETF, including index based ETFs, sector based ETFs, and fixed-
income ETFs. The Fund may hold ETFs with portfolios comprised of
domestic or foreign stocks or bonds or any combination thereof.
However, due to legal limitations, the Fund will be prevented from
purchasing more than 3% of an ETF's outstanding shares unless: (i) The
ETF or the Fund has received an order for exemptive relief from the 3%
limitation from the Commission that is applicable to the Fund; and (ii)
the ETF and the Fund take appropriate steps to comply with any
conditions in such order.
    According to the Registration Statement, in order to implement the
Dividend Position's strategy, the Sub-Adviser will seek to maximize the
level of dividend income that the Dividend Position receives, through
the purchase of U.S. and non-U.S. securities that the Sub-Adviser
expects to generate dividend income for the Dividend Position. To
participate in non-U.S. developed or emerging markets, the Dividend
Position may invest in debt or equity securities, ADRs, participation
notes, and other securities listed on U.S. or non-U.S. exchanges or
U.S. securities traded over the counter. The Fund will invest only in
foreign securities and ADRs that are traded on an exchange that is a
member of the Intermarket Surveillance Group (``ISG'') or with which
the Exchange has in place a comprehensive surveillance sharing
agreement.
    According to the Registration Statement, the Sub-Adviser expects to
seek to participate in special dividend situations and engage in
dividend capture trading. Special dividend situations may include those
where issuers decide to return large cash balances to shareholders as
one-time dividend payments.\12\
---------------------------------------------------------------------------

    \12\ In a dividend capture trade, the Fund sells a stock on or
after the stock's dividend date and uses the sale proceeds to
purchase one or more other stocks that are expected to pay dividends
before the next dividend payment on the stock being sold. Through
this rotation practice, the Fund may receive more dividend payments
over a given period of time than if it held a single stock.
---------------------------------------------------------------------------

    According to the Registration Statement, the Fund expects to
establish Short Positions, representing up to 30% of the Fund's
principal investments, in securities selected by the Sub-Adviser for
the purpose of hedging against country, currency, sector or other risk
associated with the investments in the Dividend Position, in an attempt
to establish, between the Dividend Position and the Short Positions, a
market neutral position with respect to the countries and currency in
which the Dividend Position is invested. The Fund may also invest in
Short Positions in securities that the Sub-Adviser believes are likely
to underperform the market or lose value in the near term. To implement
the Short Positions, the Sub-Adviser expects to typically sell short a
portfolio of equities, index- or sector-based ETF's, other investment
companies, index- or sector-based futures contracts or other securities
that trade on U.S. and non-U.S. exchanges.\13\ According to the
Registration Statement, the proceeds from the Short Positions (i.e.,
cash received from selling securities short) will typically be used to
fund the acquisition of the Fund's investments in the Dividend
Position.
---------------------------------------------------------------------------

    \13\ To participate in non-U.S. developed or emerging markets,
the Fund may invest in ETFs, ADRs, futures contracts and other
securities listed on U.S. or non-U.S. exchanges or traded over the
counter that are intended to track the non-U.S. equity markets or
market sectors in which the Sub-Adviser seeks exposure.
---------------------------------------------------------------------------

Other Fund Investments
    According to the Registration Statement, although the Fund expects
to invest not less than 80% of its assets as described above, the Fund
has flexibility to invest in other types of securities when the Sub-
Adviser believes they offer more attractive opportunities or to meet
liquidity, redemption, and short-term investing needs.
    According to the Registration Statement, the Fund may invest up to
20% of its assets in securities convertible into common stock.
Convertible securities eligible for purchase by the Fund include
convertible bonds, convertible preferred stocks, and warrants. The Fund
will not invest directly in real estate, but may invest in readily
marketable securities issued by companies that invest in real estate or
interests therein. The Fund may also invest in readily marketable
interests in real estate investment trusts.
General Limitations
    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment),
including Rule 144A securities deemed to be illiquid by the Sub-
Adviser. The Fund will monitor its portfolio liquidity on an ongoing
basis to determine whether, in light of current circumstances, an
adequate level of liquidity is being maintained, and will consider
taking appropriate steps in order to maintain adequate liquidity if,
through a change in values, net assets, or other circumstances, more
than 15% of the Fund's net assets are held in illiquid assets. Illiquid
assets include assets subject to contractual or other

restrictions on resale and other instruments that lack readily
available markets as determined in accordance with Commission staff
guidance.\14\
---------------------------------------------------------------------------

    \14\ The Commission has stated that long-standing Commission
guidelines have required open-end funds to hold no more than 15% of
their net assets in illiquid securities and other illiquid assets.
See Investment Company Act Release No. 28193 (March 11, 2008), 73 FR
14618 (March 18, 2008), footnote 34. See also, Investment Company
Act Release No. 5847 (October 21, 1969), 35 FR 19989 (December 31,
1970) (Statement Regarding ``Restricted Securities''); Investment
Company Act Release No. 18612 (March 12, 1992), 57 FR 9828 (March
20, 1992) (Revisions of Guidelines to Form N-1A). A fund's portfolio
security is illiquid if it cannot be disposed of in the ordinary
course of business within seven days at approximately the value
ascribed to it by the fund. See Investment Company Act Release No.
14983 (March 12, 1986), 51 FR 9773 (March 21, 1986) (adopting
amendments to Rule 2a-7 under the 1940 Act); Investment Company Act
Release No. 17452 (April 23, 1990), 55 FR 17933 (April 30, 1990)
(adopting Rule 144A under the 1933 Act).
---------------------------------------------------------------------------

    The Fund may lend portfolio securities in an amount equal to up to
33% of its total assets to broker-dealers, major banks, or other
recognized domestic institutional borrowers of securities which the
Sub-Adviser has determined are creditworthy under guidelines
established by the Board of Trustees. The Fund may not lend securities
to any company affiliated with the Sub-Adviser. Each loan of securities
will be collateralized by cash, securities, or letters of credit. The
Fund might experience a loss if the borrower defaults on the loan.
    The Fund will not purchase the securities of issuers conducting
their principal business activity in the same industry if, immediately
after the purchase and as a result thereof, the value of the Fund's
investments in that industry would equal or exceed 25% of the current
value of the Fund's total assets, provided that this restriction does
not limit the Fund's: (i) Investments in securities of other investment
companies, (ii) investments in securities issued or guaranteed by the
U.S. government, its agencies or instrumentalities, or (iii)
investments in repurchase agreements collateralized by U.S. government
securities.\15\
---------------------------------------------------------------------------

    \15\ See Form N-1A, Item 9. The Commission has taken the
position that a fund is concentrated if it invests more than 25% of
the value of its total assets in any one industry. See, e.g.,
Investment Company Act Release No. 9011 (October 30, 1975), 40 FR
54241 (November 21, 1975).
---------------------------------------------------------------------------

    The Fund will not invest in swaps. The Fund's investments will be
consistent with its respective investment objective.
    No more than 10% of the net assets of the Fund will be invested in
unsponsored ADRs.
Creation and Redemption of Shares
    According to the Registration Statement, the Fund will issue and
redeem Shares on a continuous basis at net asset value (``NAV'') in
aggregations of 50,000 Shares (``Creation Units'').
    The consideration for purchase of a Creation Unit of the Fund
generally consists of an in-kind deposit of a designated portfolio of
securities (the ``Deposit Securities'') per each Creation Unit
constituting a substantial replication, or a representation, of the
securities included in the Fund's portfolio and an amount of cash (the
``Cash Component''). Together, the Deposit Securities and the Cash
Component constitute the ``Fund Deposit,'' which represents the minimum
initial and subsequent investment amount for a Creation Unit of the
Fund.
    The Cash Component is an amount equal to the difference between the
NAV of the shares (per Creation Unit) and the market value of the
Deposit Securities. If the Cash Component is a positive number (i.e.,
the NAV per Creation Unit exceeds the market value of the Deposit
Securities), the Cash Component shall be such positive amount. If the
Cash Component is a negative number (i.e., the NAV per Creation Unit is
less than the market value of the Deposit Securities), the Cash
Component shall be such negative amount and the creator will be
entitled to receive cash from the Fund in an amount equal to the Cash
Component. The Cash Component serves the function of compensating for
any differences between the NAV per Creation Unit and the market value
of the Deposit Securities.
    The Administrator, through the National Securities Clearing
Corporation (``NSCC''), makes available on each business day,
immediately prior to the opening of business on the Exchange (currently
9:30 a.m., Eastern Time), the list of the names and the required number
of shares of each Deposit Security to be included in the current Fund
Deposit (based on information at the end of the previous business day)
for the Fund. Such Fund Deposit is applicable in order to effect
creations of Creation Units of the Fund until such time as the next-
announced composition of the Deposit Securities is made available.
    The identity and number of shares of the Deposit Securities
required for the Fund Deposit for the Fund changes as rebalancing
adjustments and corporate action events are reflected from time to time
by the portfolio managers with a view to the investment objective of
the Fund. In addition, the Trust reserves the right to permit or
require the substitution of an amount of cash to be added to the Cash
Component to replace any Deposit Security which may not be available.
In addition to the list of names and numbers of securities constituting
the current Deposit Securities of the Fund Deposit, the Administrator,
through the NSCC, also makes available on each business day, the
estimated Cash Component, effective through and including the previous
business day, per outstanding Creation Unit of the Fund.
    All purchase orders must be placed by or through an ``Authorized
Participant.'' An Authorized Participant must be either a broker-dealer
or other participant in the Continuous Net Settlement System
(``Clearing Process'') of the NSCC or a participant in The Depository
Trust Company (``DTC'') with access to the DTC system, and must execute
an agreement with the Trust, the Distributor and the Administrator that
governs transactions in the Fund's Creation Units.
    Fund Shares may be redeemed only in Creation Units at their NAV
next determined after receipt of a redemption request in proper form by
the Distributor and the Fund through the Administrator and only on a
business day. The Trust will not redeem shares in amounts less than
Creation Units.
    The redemption proceeds for a Creation Unit generally will consist
of securities held by the Fund (the ``Fund Securities'') (as announced
on the Fund's Web site prior to the commencement of trading on the
business day of the request for redemption received in proper form)
plus cash in an amount equal to the difference between the NAV of the
shares being redeemed, as next determined after a receipt of a request
in proper form, and the value of the Fund Securities (the ``Cash
Redemption Amount''), less a redemption transaction fee. In the event
that the Fund Securities have a value greater than the NAV of the
shares, a compensating cash payment equal to the differential will be
required to be made by or through an Authorized Participant by the
redeeming shareholder.
    The right of redemption may be suspended or the date of payment
postponed with respect to the Fund (1) for any period during which the
Exchange is closed (other than customary weekend and holiday closings);
(2) for any period during which trading on the Exchange is suspended or
restricted; (3) for any period during which an emergency exists as a
result of which disposal of the shares of the Fund or determination

of the shares' NAV is not reasonably practicable; \16\ or (4) in such
other circumstance as is permitted by the Commission.
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    \16\ Pursuant to NYSE Arca Equities Rule 7.34(5), trading in the
Shares will be halted if the Fund's NAV is not calculated.
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    Detailed descriptions of the Fund's procedures for creating and
redeeming Shares, transaction fees and expenses, dividends,
distributions, taxes, risks, and reports to be distributed to
beneficial owners of the Shares can be found in the Registration
Statement or on the Web site for the Fund (www.mannaetfs.com), as
applicable.
Determination of Net Asset Value
    According to the Registration Statement, the NAV per Share for the
Fund will be computed by dividing the value of the net assets of the
Fund (i.e., the value of its total assets less total liabilities) by
the total number of Shares outstanding, rounded to the nearest cent.
Expenses and fees, including the management fee, will be accrued daily
and taken into account for purposes of determining NAV. The NAV of the
Fund will be determined as of the close of the regular trading session
on the Exchange (ordinarily 4:00 p.m., Eastern time) on each day that
such exchange is open.
    In computing the Fund's NAV, the value of the Fund's portfolio
holdings is based on such holdings' closing price on local markets when
available. When a portfolio holding's market price is not readily
available or does not otherwise accurately reflect the fair value of
such security, the Fund will use such holding's fair value as
determined in good faith in accordance with the Fund's fair value
pricing procedures, which will be approved by the Board of Trustees.
Fair value pricing may be used, for example, in situations where (i)
portfolio holdings, such as holdings with small capitalizations, are so
thinly traded that there have been no transactions for that portfolio
holding over an extended period of time; (ii) an event occurs after the
close of the exchange on which a portfolio holding is principally
traded that is likely to change the value of the portfolio holding
prior to the Fund's NAV calculation; (iii) the exchange on which the
portfolio holding is principally traded closes early; or (iv) trading
of the particular portfolio holding is halted during the day and does
not resume prior to the Fund's NAV calculation. In addition, the Fund
may fair value foreign equity portfolio holdings each day the Fund
calculates its NAV. Accordingly, the Fund's NAV may reflect certain
portfolio holdings' fair values rather than their market prices.
    In valuing non-exchange traded securities, the Fund will first use
publicly-available pricing sources, including Bloomberg, IDC, and
Reuters. Non-exchange traded securities will only be fair valued if
their market prices are not readily available.
    To the extent the assets of the Fund are invested in the other
open-end investment companies that are registered under the 1940 Act,
the Fund's NAV is calculated based upon the NAVs reported by such
registered open-end investment companies, and the prospectuses for
these companies explain the circumstances under which they will use
fair value pricing and the effects of using fair value pricing.
Availability of Information
    The Fund's Web site (www.mannaetfs.com), which will be publicly
available prior to the public offering of Shares, will include a form
of the prospectus for the Fund that may be downloaded. The Fund's Web
site will include additional quantitative information updated on a
daily basis, including, for the Fund, (1) the prior business day's
reported closing price, NAV and mid-point of the bid/ask spread at the
time of calculation of such NAV (the ``Bid/Ask Price''),\17\ and a
calculation of the premium and discount of the Bid/Ask Price against
the NAV, and (2) data in chart format displaying the frequency
distribution of discounts and premiums of the daily Bid/Ask Price
against the NAV, within appropriate ranges, for each of the four
previous calendar quarters. On each business day, before commencement
of trading in Shares in the Core Trading Session on the Exchange, the
Fund will disclose on its Web site the Disclosed Portfolio that will
form the basis for the Fund's calculation of NAV at the end of the
business day.\18\
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    \17\ The Bid/Ask Price of the Fund will be determined using the
mid-point of the highest bid and the lowest offer on the Exchange as
of the time of calculation of the Fund's NAV. The records relating
to Bid/Ask Prices will be retained by the Fund and its service
providers.
    \18\ Under accounting procedures to be followed by the Fund,
trades made on the prior business day (``T'') will be booked and
reflected in NAV on the current business day (``T+1''). Accordingly,
the Fund will be able to disclose at the beginning of the business
day the portfolio that will form the basis for the NAV calculation
at the end of the business day.
---------------------------------------------------------------------------

    On a daily basis, the Adviser will disclose for each portfolio
security or other financial instrument of the Fund the following
information on the Fund's Web site: Ticker symbol (if applicable), name
of security and financial instrument, number of shares or dollar value
of financial instruments held in the portfolio, and percentage
weighting of the security and financial instrument in the portfolio.
The Web site information will be publicly available at no charge.
    In addition, a basket composition file, which includes the security
names and share quantities required to be delivered in exchange for the
Fund's Shares, together with estimates and actual cash components, will
be publicly disseminated daily prior to the opening of the NYSE via
NSCC. The basket will represent one Creation Unit of Shares of the
Fund.
    Investors can also obtain the Trust's Statement of Additional
Information (``SAI''), the Fund's Shareholder Reports, and the Trust's
Form N-CSR and Form N-SAR, filed twice a year. The Trust's SAI and
Shareholder Reports are available free upon request from the Trust, and
those documents and the Form N-CSR and Form N-SAR may be viewed on-
screen or downloaded from the Commission's Web site at www.sec.gov.
Information regarding 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. Information
regarding the previous day's closing price and trading volume
information for the Shares are expected to be published daily in the
financial section of newspapers. Quotation and last sale information
for the Shares and any underlying ETPs, sponsored ADRs and common stock
will be available via the Consolidated Tape Association (``CTA'') high-
speed line. In addition, the Indicative Optimized Portfolio Value
(``IOPV''),\19\ which is the Portfolio Indicative Value as defined in
NYSE Arca Equities Rule 8.600(c)(3), will be widely disseminated at
least every 15 seconds during the Core Trading Session by one or more
major market data vendors.\20\ Price information for

futures and non-exchange traded securities held by the Fund will be
available from publicly-available pricing sources, including Bloomberg,
IDC, and Reuters.
---------------------------------------------------------------------------

    \19\ The IOPV calculations will be estimates of the value of the
Fund's NAV per Share using market data converted into U.S. dollars
at the current currency rates. The IOPV price will be based on
quotes and closing prices from the securities' local market and may
not reflect events that occur subsequent to the local market's
close. The quotations of certain Fund holdings may not be updated
during U.S. trading hours if such holdings do not trade in the
United States. Premiums and discounts between the IOPV and the
market price may occur. This should not be viewed as a ``real-time''
update of the NAV per Share of the Fund, which will be calculated
only once a day.
    \20\ Currently, it is the Exchange's understanding that several
major market data vendors display and/or make widely available IOPVs
taken from the CTA or other data feeds.
---------------------------------------------------------------------------

    The IOPV will be calculated by an independent third party
calculator and will be calculated based on the same portfolio holdings
disclosed on the Fund's Web site.
    The dissemination of the IOPV, together with the Disclosed
Portfolio, will allow investors to determine the value of the
underlying portfolio of the Fund on a daily basis and to provide a
close estimate of that value throughout the trading day. The intra-day,
closing and settlement prices of the portfolio securities and other
Fund investments will also be readily available from the national
securities exchanges trading such securities, automated quotation
systems, published or other public sources, or on-line information
services such as Bloomberg or Reuters.
    Additional information regarding the Trust and the Shares,
including investment strategies, risks, creation and redemption
procedures, fees, portfolio holdings disclosure policies, distributions
and taxes is included in the Registration Statement. All terms relating
to the Fund that are referred to, but not defined in, this proposed
rule change are defined in the Registration Statement.
Trading Halts
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares of the Fund.\21\ Trading in Shares of the Fund
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. These may include: (1) The
extent to which trading is not occurring in the securities and/or the
financial instruments comprising the Disclosed Portfolio of the Fund;
or (2) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present. Trading in
the Shares will be subject to NYSE Arca Equities Rule 8.600(d)(2)(D),
which sets forth circumstances under which Shares may be halted.
---------------------------------------------------------------------------

    \21\ See NYSE Arca Equities Rule 7.12, Commentary .04.
---------------------------------------------------------------------------

Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4:00 a.m. to 8:00 p.m. Eastern time in
accordance with NYSE Arca Equities Rule 7.34 (Opening, Core, and Late
Trading Sessions). The Exchange has appropriate rules to facilitate
transactions in the Shares during all trading sessions. As provided in
NYSE Arca Equities Rule 7.6, Commentary .03, the minimum price
variation (``MPV'') for quoting and entry of orders in equity
securities traded on the NYSE Arca Marketplace is $0.01, with the
exception of securities that are priced less than $1.00 for which the
MPV for order entry is $0.0001.
    The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600. The Exchange represents
that, for initial and/or continued listing, the Fund will be in
compliance with Rule 10A-3 \22\ under the Act, as provided by NYSE Arca
Equities Rule 5.3. A minimum of 100,000 Shares for the Fund will be
outstanding at the commencement of trading on the Exchange. The
Exchange will obtain a representation from the issuer of the Shares
that the NAV per Share will be calculated daily and that the NAV and
the Disclosed Portfolio as defined in NYSE Arca Equities Rule
8.600(c)(2) will be made available to all market participants at the
same time.
---------------------------------------------------------------------------

    \22\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by the Financial
Industry Regulatory Authority (``FINRA'') on behalf of the Exchange,
which are designed to detect violations of Exchange rules and
applicable federal securities laws.\23\ The Exchange represents that
these procedures are adequate to properly monitor Exchange trading of
the Shares in all trading sessions and to deter and detect violations
of Exchange rules and applicable federal securities laws.
---------------------------------------------------------------------------

    \23\ FINRA surveils trading on the Exchange pursuant to a
regulatory services agreement. The Exchange is responsible for
FINRA's performance under this regulatory services agreement.
---------------------------------------------------------------------------

    The surveillances referred to above generally focus on detecting
securities trading outside their normal patterns, which could be
indicative of manipulative or other violative activity. When such
situations are detected, surveillance analysis follows and
investigations are opened, where appropriate, to review the behavior of
all relevant parties for all relevant trading violations.
    FINRA, on behalf of the Exchange, will communicate as needed
regarding trading in the Shares and exchange-traded securities held by
the Fund with other markets that are members of the ISG and FINRA, on
behalf of the Exchange, may obtain trading information regarding
trading in the Shares and exchange-traded securities held by the Fund
from such markets or other entities. In addition, the Exchange may
obtain information regarding trading in the Shares and exchange-traded
securities held by the Fund from markets and other entities that are
members of ISG or with which the Exchange has in place a comprehensive
surveillance sharing agreement.\24\
---------------------------------------------------------------------------

    \24\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio for the Fund may trade on markets that are
members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.
---------------------------------------------------------------------------

    In addition, the Exchange also has a general policy prohibiting the
distribution of material, non-public information by its employees.
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
Equity Trading Permit (``ETP'') Holders in an Information Bulletin
(``Bulletin'') of the special characteristics and risks associated with
trading the Shares. Specifically, the Bulletin will discuss the
following: (1) The procedures for purchases and redemptions of Shares
in Creation Unit aggregations (and that Shares are not individually
redeemable); (2) NYSE Arca Equities Rule 9.2(a), which imposes a duty
of due diligence on its ETP Holders to learn the essential facts
relating to every customer prior to trading the Shares; (3) the risks
involved in trading the Shares during the Opening and Late Trading
Sessions when an updated IOPV will not be calculated or publicly
disseminated; (4) how information regarding the IOPV is disseminated;
(5) the requirement that ETP Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; and (6) trading information.
    In addition, the Bulletin will reference that the Fund is subject
to various fees and expenses described in the Registration Statement.
The Bulletin will discuss any exemptive, no-action, and interpretive
relief granted by the Commission from any rules under the Act. The
Bulletin will also disclose that the NAV for the Shares will be

calculated after 4:00 p.m. Eastern time each trading day.
2. Statutory Basis
    The basis under the Act for this proposed rule change is the
requirement under Section 6(b)(5) \25\ that an exchange have rules that
are designed to prevent fraudulent and manipulative acts and practices,
to promote just and equitable principles of trade, to remove
impediments to, and perfect the mechanism of a free and open market
and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------

    \25\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that the
Shares will be listed and traded on the Exchange pursuant to the
initial and continued listing criteria in NYSE Arca Equities Rule
8.600. The Shares will be subject to the existing trading
surveillances, administered by FINRA on behalf of the Exchange, which
are designed to detect violations of Exchange rules and applicable
federal securities laws. The Adviser is affiliated with a broker-dealer
and has implemented a fire wall with respect to such broker-dealer
regarding access to information concerning the composition and/or
changes to the portfolio, and will be subject to procedures designed to
prevent the use and dissemination of material non-public information
regarding the portfolio. In the event (a) the Adviser or the Sub-
Adviser becomes newly affiliated with a broker-dealer, or (b) any new
adviser or sub-adviser is a registered broker-dealer or becomes
affiliated with a broker-dealer, they will implement a ``fire wall''
with respect to their relevant personnel or broker-dealer affiliate
regarding access to information concerning the composition and/or
changes to the Fund's portfolio. FINRA, on behalf of the Exchange, may
obtain information via ISG from other exchanges that are members of ISG
or with which the Exchange has entered into a comprehensive
surveillance sharing agreement. It is expected that not more than 10%
of the net assets of the Fund will be invested in unsponsored ADRs. The
Fund will invest only in foreign securities and ADRs that are traded on
an exchange that is a member of the ISG or with which the Exchange has
in place a comprehensive surveillance sharing agreement. The Fund may
invest up to 15% of its net assets in illiquid securities (calculated
at the time of investment), including Rule 144A securities deemed
illiquid by the Sub-Adviser.
    The proposed rule change is designed to promote just and equitable
principles of trade and to protect investors and the public interest in
that the Exchange will obtain a representation from the issuer of the
Shares that the NAV per Share will be calculated daily and that the NAV
and the Disclosed Portfolio will be made available to all market
participants at the same time. In addition, a large amount of
information is publicly available regarding the Fund and the Shares,
thereby promoting market transparency. Moreover, the IOPV will be
widely disseminated by one or more major market data vendors at least
every 15 seconds during the Exchange's Core Trading Session. On each
business day, before commencement of trading in Shares in the Core
Trading Session on the Exchange, the Fund will disclose on its Web site
the Disclosed Portfolio that will form the basis for the Fund's
calculation of NAV at the end of the business day. Information
regarding 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 quotation
and last sale information will be available via the CTA high-speed
line. The Web site for the Fund will include the prospectus for the
Fund and additional data relating to NAV and other applicable
quantitative information. Moreover, 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. Trading in Shares of the Fund will be halted if the
circuit breaker parameters in NYSE Arca Equities Rule 7.12 have been
reached or because of market conditions or for reasons that, in the
view of the Exchange, make trading in the Shares inadvisable, and
trading in the Shares will be subject to NYSE Arca Equities Rule
8.600(d)(2)(D), which sets forth circumstances under which Shares of
the Fund may be halted. In addition, as noted above, investors will
have ready access to information regarding the Fund's holdings, the
IOPV, the Disclosed Portfolio, and quotation and last sale information
for the Shares.
    The proposed rule change is designed to perfect the mechanism of a
free and open market and, in general, to protect investors and the
public interest in that it will facilitate the listing and trading of
an additional type of actively-managed exchange-traded product that
will enhance competition among market participants, to the benefit of
investors and the marketplace. As noted above, the Shares will be
subject to the existing trading surveillances, administered by FINRA on
behalf of the Exchange, which are designed to detect violations of
Exchange rules and applicable federal securities laws and FINRA, on
behalf of the Exchange, may obtain information via ISG from other
exchanges that are members of ISG or with which the Exchange has
entered into a comprehensive surveillance sharing agreement. In
addition, as noted above, investors will have ready access to
information regarding the Fund's holdings, the IOPV, the Disclosed
Portfolio, and quotation and last sale information for the Shares. The
Fund's investments will be consistent with its investment objective and
will not be used to enhance leverage.

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

    The Exchange does not believe that the proposed rule change will
impose any burden on competition that is not necessary or appropriate
in furtherance of the purpose of the Act. The Exchange notes that the
proposed rule change will facilitate the listing and trading of an
additional type of actively-managed exchange-traded product that will
enhance competition among market participants, to the benefit of
investors and the marketplace.

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

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

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

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

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule

change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2013-111 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2013-111. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549 on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make available publicly. All
submissions should refer to File Number SR-NYSEArca-2013-111, and
should be submitted on or before November 29, 2013.\26\
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    \26\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-26663 Filed 11-6-13; 8:45 am]
BILLING CODE 8011-01-P