[Federal Register: May 16, 2007 (Volume 72, Number 94)]
[Notices]
[Page 27558-27559]
[DOCID:fr16my07-69]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0319; FRL-8129-9]

Exposure Modeling Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: An Exposure Modeling Public Meeting (EMPM) will be held for
one day on June 12, 2007. This notice announces the location and time
for the meeting and sets forth the tentative agenda topics.

DATES: The meeting will be held on June 12, 2007 from 9 a.m. to 3 p.m.
    To request accommodation of a disability, please contact the person
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10
days prior to the meeting, to give EPA as much time as possible to
process your request.

ADDRESSES: The meeting will be held at Environmental Protection Agency,
Office of Pesticide Programs (OPP), One Potomac Yard (South Building),
1\st\ Floor South Conference Room, 2777 S. Crystal Drive, Arlington, VA
22202.

FOR FURTHER INFORMATION CONTACT: Greg Orrick, Environmental Fate and
Effects Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are required
to conduct testing of chemical substances under the Toxic Substances
Control Act (TSCA), the Federal Food, Drug and Cosmetic Act (FFDCA), or
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since
other entities may also be interested, the Agency has not attempted to
describe all the specific entities that may be affected by this action.
If you have any questions regarding the applicability of this action to
a particular entity, consult the person listed under FOR FURTHER
INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2007-0319. Publicly
available docket materials are available either in the electronic
docket at http://www.regulations.gov, or, if only available in hard

copy, at the Office of Pesticide Programs (OPP) Regulatory Public
Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal
Drive Arlington, VA. The hours of operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal
holidays. The Docket Facility telephone number is<PHONE_NUMBER>.
    2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register''
listings at http://www.epa.gov/fedrgstr.

II. Background

    On a triannual interval, an Exposure Modeling Public Meeting will
be held for presentation and discussion of current issues in modeling
pesticide fate, transport, and exposure in support of risk assessment
in a regulatory context. Meeting dates and abstract requests are
announced through the ``empmlist'' forum on the LYRIS list server at:
https://lists.epa.gov/read/all_forums/.

III. How Can I Request to Participate in this Meeting?

    You may submit a request to participate in this meeting to the
person listed under FOR FURTHER INFORMATION CONTACT. Do not submit any
information in your request that is considered CBI. Requests to
participate in the meeting, identified by docket ID number EPA-HQ-OPP-
2007-0319, must be received on or before May 31, 2007.

IV. Tentative Agenda

    9 a.m. Welcome, Introductions, and Brief Updates
    9:30 a.m. Model Review and Scenario Development for Urban Pesticide
Runoff Model (Scott Jackson, CLA; Mark Cheplick, Amy Ritter and Marty
Williams, WEI)
    10 a.m. Urban Models: Concepts, Questions and Opportunities
(Tharacad Ramanarayanan, Bayer and Paul Hendley, Syngenta)
    10:45 a.m. Examination of Non-Agricultural Pesticide Use by means
of GIS Coverages (Roy W. Meyer & Curtis Brown, New Jersey Department of
Environmental Protection)
    11:15 a.m. A Comparison of PRZM, RZWQM, AND TURFPQ for Modeling
Turf Pesticides (Qingli Ma and Stuart Cohen, Environmental & Turf
Services, Inc.)
    11:45 a.m. Lunch
    1 p.m. Methods for Estimating Spatial Distributions of Turf
(Michelle Thawley, USEPA/EFED)
    1:30 p.m. National PCA assessment for turf (Gerco Hoogeweg, Raghu
Vamshi, and Marty Williams, Waterborne Environmental, Inc.)
    2:15 p.m. Update on the Drift Reduction Technology (DRT) project
(Faruque Khan and Norm Birchfield, USEPA/EFED)
    2:45 p.m. Wrap-up

List of Subjects

    Environmental protection, Modeling, Pesticides, Pest.

    Dated: May 8, 2007.
Steven Bradbury,
Director, Environmental Fate and Effects Division, Office of Pesticide
Programs.
[FR Doc. E7-9322 Filed 5-15-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 81, Number 147 (Monday, August 1, 2016)]
[Notices]
[Pages 50576-50580]
[FR Doc No: 2016-18052]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-78414; File No. NYSEArca-2016-79]

Self-Regulatory Organizations; NYSE Arca, Inc.; Order Granting
Approval of Proposed Rule Change, as Modified by Amendment No. 1,
Relating to the Listing and Trading of Shares of the Virtus Japan Alpha
ETF Under NYSE Arca Equities Rule 8.600

July 26, 2016.
I. Introduction
    On May 24, 2016, NYSE Arca, Inc. (``Exchange'') filed with the
Securities and Exchange Commission (``Commission''), pursuant to
Section 19(b)(1) of the Securities Exchange Act of 1934 (``Act'' or
``Exchange Act'')\1\ and Rule 19b-4 thereunder,\2\ a proposed rule
change to list and trade shares (``Shares'') of the Virtus Japan Alpha
ETF (``Fund'') under NYSE Arca Equities Rule 8.600 (``Managed Fund
Shares''). The proposed rule change was published for comment in the
Federal Register on June 9, 2016.\3\ On June 20, 2016, the Exchange
filed Amendment No. 1 to the proposed rule change.\4\ The Commission
received no comments on the proposed rule change. This order grants
approval of the proposed rule change, as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 77992 (Jun. 3,
2016), 81 FR 37222 (``Notice'').
    \4\ In Amendment No. 1, the Exchange made minor, clarifying
changes to the description of the Fund, including, among other
things, the Fund's permitted investments, restrictions on
investments, calculation of net asset value (``NAV''), and publicly
available information relating to the Fund and its investments.
Because Amendment No. 1 does not materially alter the substance of
the proposed rule change or raise novel regulatory issues, Amendment
No. 1 is not subject to notice and comment. Amendment No. 1 is
available at: https://www.sec.gov/comments/sr-nysearca-2016-79/nysearca201679-1.pdf.
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II. Exchange's Description of the Proposal
    The Exchange proposes to list and trade Shares of the Fund under
NYSE Arca Equities Rule 8.600, which governs the listing and trading of
Managed Fund Shares on the Exchange. The Fund will be an actively
managed exchange-traded fund (``ETF''). The Shares will be offered by
Virtus ETF Trust II (``Trust''), which is registered with the
Commission as an open-end management investment company.\5\ Virtus ETF
Advisers LLC will serve as the investment adviser to the Fund
(``Adviser''). Euclid Advisors LLC will serve as the Fund's sub-adviser
(``Sub-Adviser''). ETF Distributors LLC will be the principal
underwriter and distributor of the Fund's Shares, Virtus ETF Solutions
LLC will serve as the administrator for the Fund, and the Bank of New
York Mellon will serve as accounting services administrator, custodian,
and transfer agent for the Fund. The Exchange further states that the
Adviser and Sub-Adviser are not registered broker-dealers but are
affiliated with a broker-dealer and each has implemented a ``fire
wall'' with respect to such broker-dealer regarding access to
information concerning the composition and/or changes to the Fund's
portfolio.\6\
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    \5\ According to the Exchange, the Trust is registered under the
Investment Company Act of 1940 (15 U.S.C. 80a-1) (``1940 Act''). The
Exchange also states that, on February 26, 2016, the Trust filed
with the Commission an amendment to its registration statement on
Form N-1A under the Securities Act of 1933 (15 U.S.C. 77a), and
under the 1940 Act relating to the Fund (File Nos. 333-206600 and
811-23078) (``Registration Statement''). The Exchange also states
that the Commission has issued an order granting certain exemptive
relief to the Trust under the 1940 Act. See Notice, supra note 3, 81
FR at 37222-37223.
    \6\ See Notice, supra note 3, 81 FR at 37223. The Exchange
further represents that in the event (i) the Adviser or Sub-Adviser
becomes registered as a broker-dealer or newly affiliated with a
broker-dealer or (ii) any new adviser or sub-adviser is a registered
broker-dealer or becomes affiliated with a broker-dealer, the
Exchange represents that such adviser or sub-adviser, as applicable,
will implement a fire wall with respect to its 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 the portfolio. See id.
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    The Exchange has made the following representations and statements
in describing the Fund and its investment strategy, including the
Fund's portfolio holdings and investment restrictions.\7\
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    \7\ The Commission notes that additional information regarding
the Fund, the Trust, and the Shares, including investment
strategies, risks, creation and redemption procedures, fees,
portfolio holdings disclosure policies, calculation of NAV,
distributions, and taxes, among other things, can be found in the
Notice, Amendment No. 1, and the Registration Statement, as
applicable. See Notice, Amendment No. 1, and Registration Statement,
supra notes 3, 4, and 5, respectively.
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A. Exchange's Description of the Fund's Principal Investments
    Under normal circumstances,\8\ the Fund will invest not less than
80% of its assets in the common stocks of certain Japanese companies
listed in the JPX-Nikkei 400 Total Return Index (``Index''), a free-
float adjusted market-capitalization-weighted equity index composed of
400 Tokyo Stock Exchange-listed securities, and in the financial
instruments listed below in this section.
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    \8\ The term ``under normal circumstances'' includes, but is not
limited to, the absence of extreme volatility or trading halts in
the securities markets or the financial markets generally;
circumstances under which the Fund's investments are made for
temporary defensive purposes; operational issues (e.g., systems
failure) causing dissemination of inaccurate market information; or
force majeure type events such as natural or man-made disaster, act
of God, armed conflict, act of terrorism, riot or labor disruption,
or any similar intervening circumstance. See Amendment No. 1, supra
note 4 at 5-6.
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    The Fund will be actively-managed through the selection, at any
given time, of approximately 80-100 common stocks from the Index based
on quantitative and qualitative factors, including an assessment of the
following characteristics: cash flow return on invested capital;
earnings quality and momentum; operational quality; corporate
governance policies; and capital stewardship. The Fund may invest in
such Index components by directly purchasing shares of common stock or
investing in American

Depositary Receipts (``ADRs'') \9\ on the common stock of such Index
components. Securities held by the Fund may be underweighted or
overweighted relative to their positions in the Index.
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    \9\ ADRs, which evidence ownership of underlying securities
issued by a foreign corporation, are bought and sold in the United
States and are typically issued by a U.S. bank or trust company. No
more than 10% of the net assets of the Fund will be invested in ADRs
that are not exchange listed. See Notice, supra note 3, 81 FR at
37223.
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    Although the Fund will focus on investment in securities in the
Index as described above, the Fund may also invest in common stocks of
other Japanese companies with characteristics similar to those listed
on the Index, as determined by the Sub-Adviser. With respect to such
common stocks, the Fund will only invest in securities that are listed
on the Tokyo Stock Exchange\10\ and that have a market capitalization
of $250,000,000 U.S. dollars or greater. The Fund may also invest in
exchange-traded and over-the-counter ADRs on those common stocks.\11\
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    \10\ Japan Exchange Regulation (``JPX-R''), an affiliate of the
Tokyo Stock Exchange that conducts self-regulatory functions on
behalf of the Tokyo Stock Exchange, is a member of the Intermarket
Surveillance Group, and information relating to transactions in
Tokyo Stock Exchange listed securities is available through JPX-R.
See Amendment No. 1, supra note 4, at 6.
    \11\ Id.
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    Positions may be reduced or removed when the Sub-Adviser determines
that a security has become overweighted within the Fund's portfolio,
that the security's prospects have adversely changed, that the Fund
should raise funds for new or other investments, or that there are more
attractive opportunities.\12\
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    \12\ See Notice, supra note 3, 81 FR at 37223.
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B. Exchange's Description of Other Investments for the Fund
    While the Fund, under normal circumstances, will invest at least
80% of its assets in common stock of Japanese companies listed in the
Index, common stock of certain other Japanese companies and ADRs, as
described above, the Fund may invest its remaining assets in the
securities and financial instruments described below.\13\
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    \13\ Id.
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    The Fund may invest in securities index futures contracts and
foreign currency futures contracts.\14\ In general, the Fund will not
purchase or sell futures contracts unless either (i) the futures
contracts are purchased for ``bona fide hedging'' purposes (as defined
under applicable Commodity Futures Trading Commission regulations) or
(ii) if purchased for other purposes, the sum of the amounts of initial
margin deposits and premiums required to establish the positions on the
Fund's existing futures would not exceed 5% of the liquidation value of
the Fund's total assets.\15\
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    \14\ In instances involving the purchase of futures contracts,
the Fund will deposit in a segregated account with its custodian an
amount of cash, cash equivalents, or appropriate securities equal to
the cost of the futures contracts, to the extent that such deposits
are required under the 1940 Act. See id. at 37223.
    \15\ See id. at 37223-37224.
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    The Fund may also invest in forward contracts and non-deliverable
forward (``NDF'') contracts on the foreign currency spot market.\16\
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    \16\ See id. at 37224.
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    The Fund may invest in when-issued and forward-commitment
securities (which means that delivery and payment would take place a
number of days after the date of the commitment to purchase), if the
Fund holds sufficient liquid assets to meet the purchase price.\17\
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    \17\ Id.
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    The Fund may invest in the following equity securities: common
stocks traded on U.S. or Japanese securities exchanges (other than the
Tokyo Stock Exchange); common stocks traded in the over-the-counter
market; U.S. and foreign exchange-traded preferred stocks; U.S. and
foreign exchange-traded convertible preferred stocks; U.S. and foreign
exchange-traded convertible bonds; U.S. and foreign exchange-traded
warrants; and U.S. and foreign exchange-traded rights. The Fund will
not invest in ADRs on any of these equity securities.\18\
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    \18\ Id.
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    In addition, the Fund may invest in, to the extent permitted by
Section 12(d)(1) of the 1940 Act and the rules thereunder, other
exchange-traded and non-exchange traded open-end investment companies,
including other ETFs.\19\
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    \19\ For purposes of this filing, ETFs consist of Investment
Company Units (as described in NYSE Arca Equities Rule 5.2(j)(3)),
Portfolio Depositary Receipts (as described in NYSE Arca Equities
Rule 8.100); and Managed Fund Shares (as described in NYSE Arca
Equities Rule 8.600). All ETFs will be listed and traded in the U.S.
on a national securities exchange. The Fund will not invest in
inverse ETFs or in leveraged (e.g., 2X, -2X, 3X or -3X) ETFs. See
Notice, supra note 3, 81 FR at 37224.
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    The Fund may invest in Currency Trust Shares.\20\
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    \20\ Currency Trust Shares are securities such as those
described in NYSE Arca Equities Rule 8.202. Id.
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    The Fund may invest in real estate investment trusts (``REITs'')
traded on U.S. exchanges and Japanese exchanges.\21\
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    \21\ Id.
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    The Fund may enter into short sales of securities. The Fund may
also enter into short sales ``against the box,'' i.e., when the Fund
sells a security short while owning a securities equivalent in kind and
amount to the securities sold short (or securities convertible or
exchangeable into such securities) and will hold such securities while
the short sale is outstanding.\22\
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    \22\ Id.
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    The Fund may invest in the following money market instruments: U.S.
Government obligations; corporate debt obligations \23\ (including,
without limitation, those subject to repurchase agreements); banker's
acceptances (credit instruments evidencing the obligation of a bank to
pay a draft drawn on it by a customer); certificates of deposit of
domestic branches of banks (certificates representing the obligation of
a bank to repay funds deposited with it for a specified period of
time); commercial paper \24\ (unsecured, short-term debt obligation of
a bank, corporation, or other borrower); and master notes (unsecured
obligations that are redeemable upon demand of the holder and that
permit the investment of fluctuating amounts at varying rates of
interest).\25\
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    \23\ The Adviser expects that under normal market conditions,
the Fund will seek to invest at least 75% of its corporate bond
assets in issuances that have at least $100,000,000 par amount
outstanding in developed countries or at least $200,000,000 par
amount outstanding in emerging market countries. Id.
    \24\ The Fund will directly invest in commercial paper only if
such commercial paper is rated in one of the two highest rating
categories as rated by a major credit agency or, if unrated, will be
of comparable quality as determined by the Sub-Adviser. Id.
    \25\ Id.
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    The Fund may invest assets in shares of money market funds.\26\
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    \26\ Id.
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    The Fund may, from time to time, take temporary defensive positions
that are inconsistent with its principal investment strategies in an
attempt to respond to adverse market, economic, political, or other
conditions. In such circumstances, the Fund may also hold up to 100% of
its portfolio in cash and cash equivalent positions.\27\
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    \27\ Cash equivalents are short-term instruments with maturities
of less than 3 months. Short-term instruments shall include the
following: (i) U.S. Government securities, including bills, notes
and bonds differing as to maturity and rates of interest, which are
either issued or guaranteed by the U.S. Treasury or by U.S.
Government agencies or instrumentalities; (ii) certificates of
deposit issued against funds deposited in a bank or savings and loan
association; (iii) bankers' acceptances; (iv) repurchase agreements
and reverse repurchase agreements; (v) bank time deposits; (vi)
commercial paper; and (vii) money market funds. Id.

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C. Exchange's Description of the Fund's Investment Restrictions
    The Fund intends to maintain the required level of diversification
and otherwise conduct its operations so as to qualify as a ``regulated
investment company'' for purposes of the Internal Revenue Code of
1986.\28\
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    \28\ 26 U.S.C. 851. Id.
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    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets. 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.\29\ Illiquid assets include securities subject to
contractual or other restrictions on resale and other instruments that
lack readily available markets as determined in accordance with
Commission staff guidance.\30\
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    \29\ Under the supervision of the Board of Trustees of the Trust
(``Board''), the Fund will determine the liquidity of the Fund's
investments, which will be monitored by the Board pursuant to
reports. In determining the liquidity of the Fund's investments, the
Fund may consider various factors including, without limitation: (i)
The frequency of trades and quotations; (ii) the number of dealers
and prospective purchasers in the marketplace; (iii) dealer
undertakings to make a market; (iv) the nature of the security
(including, without limitation, any demand or tender features; and
(v) the nature of the marketplace for trades (including, without
limitation, the ability to assign or offset the Fund's rights and
obligations relating to the investment). See Amendment No. 1, supra
note 4, at 9-10.
    \30\ Id.
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    The Fund will not invest in options or swaps.\31\
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    \31\ Id. at 10.
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    The Fund's investments will be consistent with the Fund's
investment objective and will not be used to produce leveraged returns.
That is, while the Fund will be permitted to borrow as permitted under
the 1940 Act, the Fund's investments will not be used to seek
performance that is the multiple or inverse multiple (i.e. 2Xs and 3Xs)
of the Index.\32\
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    \32\ See Notice, supra note 3, 81 FR at 37224.
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III. Discussion and Commission Findings
    After careful review, the Commission finds that the Exchange's
proposal is consistent with the Exchange Act and the rules and
regulations thereunder applicable to a national securities
exchange.\33\ In particular, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) of the Exchange Act,\34\ which requires, among other things,
that the Exchange's rules be designed to prevent fraudulent and
manipulative acts and practices, to promote just and equitable
principles of trade, to remove impediments to and perfect the mechanism
of a free and open market and a national market system, and, in
general, to protect investors and the public interest.
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    \33\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \34\ 15 U.S.C. 78f(b)(5).
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    The Commission also finds that the proposal is consistent with
Section 11A(a)(1)(C)(iii) of the Exchange Act,\35\ which sets forth the
finding of Congress 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.
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    \35\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
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    According to the Exchange, quotation and last-sale information for
the Shares will be available via the Consolidated Tape Association
(``CTA'') high-speed line.\36\ On each business day, before
commencement of trading in Shares in the Core Trading Session \37\ on
the Exchange, the Fund will disclose on its Web site the Disclosed
Portfolio for the Fund (as defined in NYSEArca Equities Rule
8.600(c)(2)) that will form the basis for the Fund's calculation of NAV
at the end of the business day.\38\ In addition, the Portfolio
Indicative Value, as defined in NYSE Arca Equities Rule 8.600
(c)(3),\39\ will be widely disseminated at least every 15 seconds
during the Exchange's Core Trading Session by one or more major market
data vendors.\40\ The Fund's NAV will be determined as of the close of
the regular trading session on the New York Stock Exchange (``NYSE'')
(normally at 4:00 p.m., Eastern Time) on each day that the NYSE is open
for trading.\41\ The Fund's Web site will include a form of the
prospectus for the Fund, as well as additional quantitative information
updated on a daily basis.\42\ 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.\43\ Information regarding the previous day's
closing price and trading volume information for the Shares will be
published daily in the financial section of newspapers.\44\
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    \36\ See Notice, supra note 3, 81 FR at 37226.
    \37\ The term ``Core Trading Session'' is defined in NYSE Arca
Equities Rule 7.34(a)(2).
    \38\ On a daily basis, the Adviser will disclose on the Fund's
Web site the following information regarding each portfolio holding,
as applicable to the type of holding: Ticker symbol, CUSIP number or
other identifier, if any; a description of the holding (including
the type of holding); the identity of the security, index, or other
asset or instrument underlying the holding, if any; quantity held
(as measured by, for example, par value, notional value or number of
shares, contracts, or units); maturity date, if any; coupon rate, if
any; effective date, if any; market value of the holding; and the
percentage weighting of the holding in the Fund's portfolio. The Web
site information will be publicly available at no charge. See
Notice, supra note 3, 81 FR at 37226.
    \39\ The Fund's Portfolio Indicative Value will be calculated
based on the current market value of the Fund's portfolio holdings.
Id. The Portfolio Indicative Value calculation will be an estimate
of the value of the Fund's NAV per Share using market data converted
into U.S. dollars at the current currency rates. The Portfolio
Indicative Value 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. Id. at 37227.
    \40\ Currently, it is the Exchange's understanding that several
major market data vendors display or make widely available Portfolio
Indicative Values taken from CTA or other data feeds. Id.
    \41\ Id. at 37224. According to the Exchange, in determining the
value of the Fund's assets, U.S. and foreign exchange-traded equity
securities, including shares of common stocks, preferred stocks,
convertible preferred stocks, convertible bonds, warrants, rights,
ETFs, REITs, Currency Trust Shares, and exchange-traded ADRs,
generally will be valued at market value using quotations from the
primary market on which they are traded. The Fund normally will use
third party pricing services to obtain market quotations. Common
stocks and ADRs traded in the over-the-counter markets will be
priced utilizing market quotations provided by approved pricing
services or by broker quotation. Money market instruments and cash
equivalents will be valued on the basis of broker quotes or
valuations provided by a third party pricing service, which in
determining value utilizes information regarding recent sales,
market transactions in comparable securities, quotations from
dealers, and various relationships between securities. Futures
contracts will generally be valued at the settlement price of the
relevant exchange. Investments in other open-end investment
companies (other than ETFs) that are registered under the 1940 Act,
including money market funds, will be valued based upon the NAVs
reported by those registered open-end investment companies. NDFs and
forward contracts will be valued intraday using market quotes or
another proxy as determined to be appropriate by a third party
market data provider. Securities and assets for which market
quotations are not readily available, or that cannot be accurately
valued using the Fund's normal pricing procedures, will be valued by
the Trust's Fair Value Pricing Committee at fair value as determined
in good faith under policies approved by the Board. In addition, the
Trust may fair value foreign equity portfolio securities each day
the Trust calculates the Fund's NAV. Pursuant to policies adopted by
the Board, the Adviser will consult with Bank of New York Mellon and
the Sub-Adviser on a regular basis regarding the need for fair value
pricing. The Board will monitor and evaluate the Fund's use of fair
value pricing, and will periodically review the results of any fair
valuation under the Trust's policies. See Amendment No. 1, supra
note 4 at 10-12.
    \42\ Id. at 14.
    \43\ Id. at 16.
    \44\ Id.
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    Intra-day, closing, and settlement prices of U.S. exchange-listed
equity

securities (including common stocks, shares of preferred stocks,
convertible preferred stocks, convertible bonds, warrants, rights,
ETFs, REITs, Currency Trust Shares and ADRs) will 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. Intra-day,
closing, and settlement prices of non-U.S. exchange-listed equity
securities (including common stocks, REITs traded on Japanese
exchanges, preferred stocks, convertible preferred stocks, convertible
bonds, warrants, and rights), will be available from the foreign
exchanges on which such securities trade as well as from major market-
data vendors. Intra-day and closing price information for common stocks
and ADRs traded in the over-the-counter markets will be available from
major market-data vendors. Price information from brokers and dealers
or pricing services will be available for money market instruments,
money market funds, cash equivalents, forwards, and NDFs held by the
Fund. Quotation and last sale information for futures will be available
from the exchange on which they are listed. Price information regarding
open-end investment company securities (other than ETFs), including
money market funds, will be available from the applicable fund.\45\
---------------------------------------------------------------------------

    \45\ Id.
---------------------------------------------------------------------------

    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 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.\46\ Trading in the Shares will be
subject to NYSE Arca Equities Rule 8.600(d)(2)(D), which sets forth
circumstances under which trading in the Shares may be halted. In
addition, trading in the Shares 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.\47\ The Exchange states that it
has a general policy prohibiting the distribution of material, non-
public information by its employees.\48\ In addition, the Exchange
states that, while the Adviser and Sub-Adviser are not registered as
broker-dealers, the Adviser and Sub-Adviser are affiliated with broker-
dealers and that each has implemented a fire wall with respect to that
broker-dealer regarding access to information concerning the
composition of, and changes to, the portfolio.\49\ Further, the
Commission notes that the Reporting Authority that provides the
Disclosed Portfolio must implement and maintain, or be subject to,
procedures designed to prevent the use and dissemination of material,
non-public information regarding the actual components of the
portfolio.\50\ The Exchange represents that trading in the Shares will
be subject to the existing trading surveillances administered by the
Exchange, as well as cross-market 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.\51\
---------------------------------------------------------------------------

    \46\ See Notice, supra note 3, 81 FR at 37227.
    \47\ 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. Id.
    \48\ Id. at 37228.
    \49\ See id. at 37223; see also supra note 6 and accompanying
text. The Exchange further represents that an investment adviser to
an open-end fund is required to be registered under the Investment
Advisers Act of 1940 (``Advisers Act''). As a result, the Adviser,
the Sub-Adviser, and their 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. See Amendment No. 1, supra note 4, at 5.
    \50\ See NYSEArca Equities Rule 8.600(d)(2)(B)(ii).
    \51\ According to the Exchange, FINRA conducts cross-market
surveillances on behalf of the Exchange pursuant to a regulatory
services agreement, and the Exchange is responsible for FINRA's
performance under this regulatory services agreement. See Notice,
supra note 3, 81 FR at 37227.
---------------------------------------------------------------------------

    The Exchange represents that it 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.\52\ In support of this proposal, the Exchange has also
represented that:
---------------------------------------------------------------------------

    \52\ Id.
---------------------------------------------------------------------------

    (1) The Shares will conform to the initial and continued listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) The Exchange's surveillance procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
deter and detect violations of Exchange rules and federal securities
laws applicable to trading on the Exchange.
    (3) The Exchange and FINRA will communicate as needed regarding
trading in the Shares, ETFs, and certain exchange-traded equity
securities underlying the Shares with other markets and other entities
that are members of the Intermarket Surveillance Group (``ISG''), and
the Exchange or FINRA, on behalf of the Exchange, or both, may obtain
trading information regarding trading in the Shares, ETFs and certain
exchange-traded equity securities underlying the Shares from those
markets and entities. In addition, the Exchange may obtain information
regarding trading in the Shares, ETFs, and certain exchange-traded
equity securities underlying the Shares from markets and other entities
with which the Exchange has in place a comprehensive surveillance
sharing agreement (``CSSA''). The Exchange is able to access from
FINRA, as needed, trade information for certain fixed income securities
held by the Fund reported to FINRA's Trade Reporting and Compliance
Engine.
    (4) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (5) Prior to the commencement of trading, the Exchange will inform
its Equity Trading Permit Holders in an Information Bulletin of the
special characteristics and risks associated with trading the Shares.
Specifically, the Bulletin will discuss the following: (a) The
procedures for purchases and redemptions of Shares in creation unit
aggregations (and that Shares are not individually redeemable); (b)
NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence
on its Equity Trading Permit 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 and the Disclosed Portfolio is disseminated; (e) the
requirement that Equity Trading Permit Holders deliver a prospectus to
investors purchasing newly issued Shares prior to or concurrently with
the confirmation of a transaction; and (f) trading information.
    (6) For initial and continued listing, the Fund will be in
compliance with Rule 10A-3 under the Act,\53\ as provided by NYSE Arca
Equities Rule 5.3.
---------------------------------------------------------------------------

    \53\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (7) The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets.
    (8) Not more than 10% of the net assets of the Fund in the
aggregate invested in equity securities (other than non-exchange-traded
investment company securities) shall consist of equity securities whose
principal market is not a member of the ISG or is a market with which
the Exchange does not have a CSSA. Furthermore, not more than 10% of
the net assets of the Fund in the aggregate invested in futures
contracts shall consist of futures contracts whose principal market is
not a member of ISG or is a market with which the Exchange does not
have a CSSA. No more than 10% of the net assets of the Fund will be
invested in ADRs that are not exchange-listed.
    (9) The Fund's investments will be consistent with the Fund's
investment objective and will not be used to produce leveraged returns.
The Fund's investments will not be used to seek performance that is the
multiple or inverse multiple (i.e., 2Xs and 3Xs) of the Index.
    (10) All ETFs in which the Fund invests will be listed and traded
in the U.S. on a national securities exchange and the Fund will not
invest in inverse ETFs or in leveraged (e.g., 2X, -2X, 3X or -3X) ETFs.
    (11) The Fund will not invest in options or swaps.
    (12) A minimum of 100,000 Shares for the Fund will be outstanding
at the commencement of trading on the Exchange.
    The Exchange represents that all statements and representations
made in the filing regarding (a) the description of the portfolio, (b)
limitations on portfolio holdings or reference assets, or (c) the
applicability of Exchange rules and surveillance procedures shall
constitute continued listing requirements for listing the Shares on the
Exchange. In addition, the issuer has represented to the Exchange that
it will advise the Exchange of any failure by the Fund to comply with
the continued listing requirements, and, pursuant to its obligations
under Section 19(g)(1) of the Act, the Exchange will monitor for
compliance with the continued listing requirements.\54\ If the Fund is
not in compliance with the applicable listing requirements, the
Exchange will commence delisting procedures under NYSE Arca Equities
Rule 5.5(m).
---------------------------------------------------------------------------

    \54\ The Commission notes that certain other proposals for the
listing and trading of Managed Fund Shares include a representation
that the exchange will ``surveil'' for compliance with the continued
listing requirements. See, e.g., Securities Exchange Act Release No.
77499 (April 1, 2016), 81 FR 20428 (April 7, 2016) (SR-BATS-2016-04)
(approving a proposed rule change to list and trade shares of the
SPDR DoubleLine Short Duration Total Return Tactical ETF), available
at: http://www.sec.gov/rules/sro/bats/2016/34-77499.pdf. In the
context of this representation, it is the Commission's view that
``monitor'' and ``surveil'' both mean ongoing oversight of the
Fund's compliance with the continued listing requirements.
Therefore, the Commission does not view ``monitor'' as a more or
less stringent obligation than ``surveil'' with respect to the
continued listing requirements.
---------------------------------------------------------------------------

    This approval order is based on all of the Exchange's
representations, including those set forth above, in the Notice, and in
Amendment No. 1 to the proposed rule change. The Commission notes that
the Fund and the Shares must comply with the requirements of NYSE Arca
Equities Rule 8.600, including those set forth in this proposed rule
change, as modified by Amendment No. 1, to be listed and traded on the
Exchange on an initial and continuing basis.
    For the foregoing reasons, the Commission finds that the proposed
rule change, as modified by Amendment No. 1, is consistent with Section
6(b)(5) of the Act \55\ and the rules and regulations thereunder
applicable to a national securities exchange.
---------------------------------------------------------------------------

    \55\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Conclusion
    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\56\ that the proposed rule change (SR-NYSEArca-2016-79),
as modified by Amendment No. 1, be, and it hereby is, approved.
---------------------------------------------------------------------------

    \56\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\57\
Robert W. Errett,
Deputy Secretary.
---------------------------------------------------------------------------

    \57\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. 2016-18052 Filed 7-29-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 87 (Monday, May 6, 2019)]
[Notices]
[Pages 19823-19824]
[FR Doc No: 2019-09148]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-85754; File No. SR-CBOE-2019-015]

Self-Regulatory Organizations; Cboe Exchange, Inc.; Order
Approving a Proposed Rule Change To Allow $1 Strike Price Intervals
Above $200 on Options on the QQQ and IWM Exchange-Traded Funds

April 30, 2019.
    On March 6, 2019, Cboe Exchange, Inc. (``Exchange'' or ``Cboe'')
filed with the Securities and Exchange Commission (``Commission''),
pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 1934
(``Act'') \2\ and Rule 19b-4 thereunder,\3\ a proposed rule change to
allow Cboe to list QQQ and IWM options with $1 strike price intervals
instead of $5 strike price intervals when the strike price of the
option is greater than $200. The proposed rule change was published for
comment in the Federal Register on March 18, 2019.\4\ No comments on
the proposed rule change have been received. This order approves the
proposed rule change.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
    \4\ See Securities Exchange Act Release No. 85295 (Mar. 12,
2019), 84 FR 9851 (``Notice'').
---------------------------------------------------------------------------

I. Description of the Proposed Rule Change

    The Exchange's current rules provide that the interval between
strike prices of series of options on exchange-traded funds may be
$5.00 or greater where the strike price is greater than $200,\5\ except
that the interval between strike prices of series of options on SPY,
IVV, and DIA may be $1 or greater where the strike price is greater
than $200.\6\ The Exchange proposes to expand that exception, also
allowing $1 strike price intervals where the strike price is above $200
for options on IWM\7\ and QQQ.\8\
---------------------------------------------------------------------------

    \5\ See Interpretation and Policy .08(a) to Rule 5.5.
    \6\ See id.
    \7\ According to the Exchange, IWM is an index-based ETF
designed to track the price and performance of the Russell 2000
Index (``RUT''), which represents the small capitalization sector of
the U.S. equity market, and the value of IWM is designed to
approximate \1/10\ the value of the underlying RUT. See id. Cboe
states that IWM is among the most actively traded ETFs on the
market. See id.
    \8\ According to the Exchange, the QQQ is designed to closely
track the price and performance of a the Nasdaq-100 Index (``NDX''),
which represents the largest and most active non-financial domestic
and international issues listed on The Nasdaq Stock Market based on
market capitalization, and the value of QQQ is designed to
approximate \1/40\ the value of the underlying NDX. See Notice,
supra note 4, 84 FR at 9852. The Exchange states that QQQ is among
the most actively traded ETFs on the market. See id.
---------------------------------------------------------------------------

    The Exchange notes that ``$1 intervals already exist below the $200
price point'' for options on both ETFs, and further notes ``in the
midst of current price trends,'' that ``both QQQ and IWM have
consistently inclined in price toward the $200 level.'' \9\ In light of
this, the Exchange ``believes that continuing to maintain the current
$200 level (above which intervals increase 500% to $5), may have a
negative effect on investing, trading and hedging opportunities, and
volume'' particularly to the extent it impacts the ability of market
participants to roll their positions once strike prices pass $200.\10\
---------------------------------------------------------------------------

    \9\ Id.
    \10\ Id. For example, the Exchange notes that ``to move a
position from a $200 strike to a $205 strike under the current rule,
an investor would need for the underlying product to move 2.5%''
whereas rolling an open position from a $200 to a $201 strike
represents ``only a 0.5% move for the underlying.'' Id.
---------------------------------------------------------------------------

    Accordingly, in light of the ``slower movements of broad-based
indices,'' the Exchange proposes to allow $1 strike intervals above
$200 so that options on these two ETFs may be ``more precisely aligned
with the smaller, longer-term incremental increases in respective
underlying ETFs.'' \11\ In turn, the exchange believes that its
proposal will ``permit strikes to be set to more closely reflect the
increasing values in the

underlying indices and allow investors and traders to roll open
positions from a lower strike to a higher strike in conjunction with
the price movements of the underlying ETFs.'' \12\
---------------------------------------------------------------------------

    \11\ Id.
    \12\ Id.
---------------------------------------------------------------------------

    Cboe acknowledges that allowing series of QQQ and IWM options to be
listed in $1 intervals between strike prices over $200 likely would
increase the total number of options series available on the Exchange,
but represents that: (1) It and the Options Price Reporting Authority
(``OPRA'') have the necessary systems capacity to handle any potential
additional traffic associated with this proposed rule change; (2)
Trading Permit Holders would not have a capacity issue; and (3) the
proposed expansion would not cause fragmentation of liquidity but, by
providing more trading opportunities to market participants, instead
would increase both available liquidity as well as price
efficiency.\13\
---------------------------------------------------------------------------

    \13\ See id. at 9852-3
---------------------------------------------------------------------------

II. Discussion and Commission Findings

    After careful review, 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.\14\ In particular, the Commission finds that the proposed
rule change is consistent with Section 6(b)(5) of the Act,\15\ which
requires, among other things, that the rules of a national securities
exchange be designed to promote just and equitable principles of trade,
to prevent fraudulent and manipulative acts, 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 believes that the proposed change accommodates
the current levels of the respective indexes tracked by QQQ and IWM. In
particular, permitting $1 strikes above $200 in such ETFs may provide
the investing public and other market participants with more
flexibility in their investment and hedging decisions in QQQ and IWM
options and is consistent with past precedent for other similar ETFs
that track broad-based indexes.\16\
---------------------------------------------------------------------------

    \14\ In approving the proposed rule change, the Commission has
considered its impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \15\ 15 U.S.C. 78f(b)(5).
    \16\ See, e.g., Securities Exchange Act Release Nos. 72949 (Aug.
29, 2014), 79 FR 53089 (Sept. 5, 2014) (SR-Phlx-2014-46) (Order
Granting Approval of Proposed Rule Change, as Modified by Amendment
No. 1, Relating to SPY and DIA Options); and 72664 (Jul. 24, 2014),
79 FR 44231 (Jul. 30, 2014) (Notice of Filing of Proposed Rule
Change, as Modified by Amendment No. 1, Relating to SPY and DIA
Options).
---------------------------------------------------------------------------

    In approving this proposal, the Commission notes that the Exchange
has represented that it and OPRA have the necessary systems capacity to
handle the potential additional traffic associated with this proposed
rule change.\17\ The Exchange further stated that it believes its
members will not have a capacity issue as a result of the proposal and
that it does not believe this expansion will cause fragmentation of
liquidity.\18\
---------------------------------------------------------------------------

    \17\ See note 13 supra, and accompanying text.
    \18\ See id.
---------------------------------------------------------------------------

III. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act
\19\ that the proposed rule change (SR-CBOE-2019-015) be, and hereby
is, approved.
---------------------------------------------------------------------------

    \19\ 15 U.S.C. 78f(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
---------------------------------------------------------------------------

    \20\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Eduardo A. Aleman,
Deputy Secretary.
[FR Doc. 2019-09148 Filed 5-3-19; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register: January 29, 2010 (Volume 75, Number 19)]
[Rules and Regulations]
[Page 4692]
[DOCID:fr29ja10-4]

=======================================================================
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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

21 CFR Part 522

[Docket No. FDA-2010-N-0002]

Implantation or Injectable Dosage Form New Animal Drugs;
Ceftiofur Crystalline Free Acid

AGENCY: Food and Drug Administration, HHS.

ACTION: Final rule.

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

SUMMARY: The Food and Drug Administration (FDA) is amending the animal
drug regulations to reflect approval of a supplemental new animal drug
application (NADA) filed by Pharmacia & Upjohn Co., a Division of
Pfizer, Inc. The supplemental NADA provides for veterinarian
prescription use of ceftiofur crystalline free acid injectable
suspension for the treatment of lower respiratory tract infections in
horses.

DATES:  This rule is effective January 29, 2010.

FOR FURTHER INFORMATION CONTACT: Melanie R. Berson, Center for
Veterinary Medicine (HFV-110), Food and Drug Administration, 7500
Standish Pl., Rockville, MD 20855,<PHONE_NUMBER>, e-mail:
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: Pharmacia & Upjohn Co., a Division of
Pfizer, Inc., 235 East 42d St., New York, NY 10017, filed a supplement
to NADA 141-209 for EXCEDE (ceftiofur crystalline free acid) Sterile
Suspension. The supplemental NADA provides for veterinarian
prescription use of ceftiofur crystalline free acid injectable
suspension for the treatment of lower respiratory tract infections in
horses caused by susceptible strains of Streptococcus equi ssp.
zooepidemicus. The application is approved as of December 16, 2009, and
the regulations are amended in 21 CFR 522.313a to reflect the approval.
    In accordance with the freedom of information provisions of 21 CFR
part 20 and 21 CFR 514.11(e)(2)(ii), summaries of the safety and
effectiveness data and information submitted to support approval of
these applications 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.
    Under section 512(c)(2)(F)(iii) of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 360b(c)(2)(F)(iii)), this supplemental approval
qualifies for 3 years of marketing exclusivity beginning on the date of
approval.
    The agency has determined under 21 CFR 25.33 that this action is of
a type that does not individually or cumulatively have a significant
effect on the human environment. Therefore, neither an environmental
assessment nor an environmental impact statement is required.
    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.

List of Subjects in 21 CFR Part 522

    Animal drugs.

0
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 part 522 is
amended as follows:

PART 522--IMPLANTATION OR INJECTABLE DOSAGE FORM NEW ANIMAL DRUGS

0
1. The authority citation for 21 CFR part 522 continues to read as
follows:

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

0
2. In Sec.  522.313a, add paragraph (e)(3) to read as follows:

Sec.  522.313a  Ceftiofur crystalline free acid.

* * * * *
    (e) * * *
    (3) Horses--(i) Amount. Two intramuscular injections, 4 days apart,
at a dose of 3.0 mg/lb (6.6 mg/kg) body weight.
    (ii) Indications for use. For the treatment of lower respiratory
tract infections in horses caused by susceptible strains of
Streptococcus equi ssp. zooepidemicus.
    (iii) Limitations. Do not use in horses intended for human
consumption.

    Dated: January 22, 2010.
Bernadette Dunham,
Director, Center for Veterinary Medicine.
[FR Doc. 2010-1790 Filed 1-28-10; 8:45 am]
BILLING CODE 4160-01-S


[Federal Register: January 28, 2010 (Volume 75, Number 18)]
[Notices]
[Page 4546-4547]
[DOCID:fr28ja10-39]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 2205-051]

Central Vermont Public Service Corporation; Notice of Application
for Amendment of License and Soliciting Comments, Motions To Intervene,
and Protests

January 21, 2010.
    Take notice that the following application has been filed with the
Commission and is available for public inspection.
    a. Application Type: Amendment to Recreation Plan.
    b. Project No.: 2205-051.
    c. Dated Filed: December 7, 2009.
    d. Applicant: Central Vermont Public Service Corporation.
    e. Name of Project: Lamoille River Project.
    f. Location: The Clark Falls development is located on the Lamoille
River, in Chittenden County, Vermont.
    g. Filed Pursuant to: Federal Power Act, 16 U.S.C. 791(a)--825(r).
    h. Application Contact: Mr. Michael Scarzello, P.E., Central
Vermont Public Service Corporation, 77 Grove Street, Rutland, VT 05701,
telephone:<PHONE_NUMBER>.
    i. FERC Contact: Any questions on this notice should be addressed
to Shana High at<PHONE_NUMBER>.
    j. Deadline for filing comments and/or motions: February 22, 2010.
All documents (original and eight copies) should be filed with:
Secretary, Federal Energy Regulatory Commission, 888 First Street, NE.,
Washington, DC 20426.
    k. Description of Request: The licensee requests to relocate a
carry-in access for canoes and car-top boats about one mile from the
south end of Arrowhead Mountain Reservoir to Rugg Avenue in Milton,
Vermont, near the east end of Clark Falls dam. Improvements at the
canoe portage point would include parking for four vehicles.
    l. Locations of the Application: A copy of the application is
available for inspection and reproduction at the Commission's Public
Reference Room, located at 888 First Street, NE., Room 2A, Washington,
DC 20426, or by calling<PHONE_NUMBER>. This filing may also be viewed
on the Commission's Web site at http://www.ferc.gov using the
``eLibrary link. Enter the docket number excluding the last three
digits in the docket number field (P-2205) to access the document. You
may also register online at http://www.ferc.gov/docs-filing/
esubscription.asp to be notified via e-mail of new filings and
issuances related to this or other pending projects. For assistance,
call 1-866-208-3372 or e-mail<EMAIL_ADDRESS>for TTY, call
(202) 502-8659. A copy is also available for inspection and
reproduction at the address in item (h) above.
    m. Individuals desiring to be included on the Commission's e-
mailing list should so indicate by writing to the Secretary of the
Commission.
    n. Comments, Protests, or Motions to Intervene: Anyone may submit
comments, a protest, or a motion to intervene in accordance with the
requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211,
.214. In determining the appropriate action to take, the Commission
will consider all protests or other comments filed, but only those who
file a motion to intervene in accordance with the Commission's Rules
may become a party to the proceeding. Any comments, protests, or
motions to intervene must be received on or before the specified
comment date for the particular application.
    o. Any filings must bear in all capital letters the title
``COMMENTS'', ``PROTESTS'', or ``MOTION TO INTERVENE'', as applicable,
and the Project Number of the particular application to which the
filing refers.
    p. Agency Comments: Federal, state, and local agencies are invited
to file comments on the described application. A copy of the
application may be obtained by agencies directly from the Applicant. If
an agency does not file comments within the time specified for filing
comments, it will be presumed to have no comments. One copy of an
agency's comments must also be sent to the Applicant's representatives.
    q. Comments, protests, and interventions may be filed
electronically, via the Internet in lieu of paper. See, 18 CFR
385.2001(a)(1)(iii) and the instructions on the

Commission's Web site at http://www.ferc.gov under the ``e-Filing''
link.

Kimberly D. Bose,
Secretary.
[FR Doc. 2010-1677 Filed 1-27-10; 8:45 am]
BILLING CODE 6717-01-P