[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94473-94475]
[FR Doc No: 2016-30940]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-79594; File No. SR-NYSEArca-2016-164]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca
Rule 3.2 and NYSE Arca Equities Rules 1.1, 3.2, 10.3, 10.8, 10.13, and
14

December 19, 2016.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934 (``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given
that, on December 8, 2016, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in Items I and
II 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 Substance
of the Proposed Rule Change

    The Exchange proposes to amend NYSE Arca Rule 3.2 and NYSE Arca
Equities Rules 1.1, 3.2, 10.3, 10.8, 10.13, and 14 to delete outdated
references. 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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend the following rules to delete
outdated references to the ``NYSE Arca Board of Governors'' in NYSE
Arca Rule 3.2 and NYSE Arca Equities Rules 1.1, 3.2, 10.3, 10.8, 10.13,
and 14.
    In 2016, the Exchange amended, among other rules, Rule 10.8 in
order to establish a Committee for Review (``CFR'') as a sub-committee
of the Regulatory Oversight Committee (``ROC'').\4\ When the Exchange's
CFR was created, NYSE Arca Equities Rules 10.3 (Ex Parte
Communications), 10.12 (Minor Rule Plan) and 10.13 (Hearing and Review
of Decisions) were amended to replace outdated references to the ``NYSE
Arca Board of Governors'' with the ``NYSE Arca Board of Directors.''
\5\ However, outdated references to the ``NYSE Arca Board of
Governors'' in NYSE Arca Rule 3.2 and NYSE Arca Equities Rules 1.1,
3.2, 10.3, 10.8, 10.13, and 14 were inadvertently omitted. The Exchange
accordingly proposes to replace references to ``Governors'' with
``Directors'' in these rules as follows:
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    \4\ See Securities Exchange Act Release No. 77898 (May 24,
2016), 81 FR 34404 (May 31, 2016) (SR-NYSEArca-2016-11).
Specifically, the Exchange amended NYSE Arca Equities Rule 10.8(a)
and (b) to replace references to the NYSE Arca Equities Board
Appeals Committee with references to the ``Committee for Review'' or
``CFR'' and to replace references to the ``Appeals Panel'' with the
``CFR Appeals Panel.'' See id., 81 FR at 34406. NYSE Arca Equities
Rule 10.8(a) and (b) did not contain references to the ``NYSE Arca
Board of Governors.''
    \5\ See id., 81 FR at 34406.
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     NYSE Arca Rule 3.2 (Options Committees) governs the
organization, structure and membership of NYSE Arca Options committees.
NYSE Arca Rule 3.2(b) sets forth the eligibility requirements for three
[sic] specific Options Committees, including the Nominating Committee
which is governed by Rule 3.2(b)(2). The Exchange proposes one
replacement of ``Governors'' with ``Directors'' in subsection (C)(i) of
Rule 3.2(b)(2).
     NYSE Arca Equities Rule 1.1(n) defines ETP Holder and
describes ETP Holder's limited voting rights to, among other things,
nominate directors to the Board of Directors of NYSE Arca. The Exchange
proposes to replace ``Governor'' and ``Governors'' with ``Director''
and ``Directors,'' respectively, in NYSE Arca Equities Rule 1.1(n).
     NYSE Arca Equities Rule 3.2 (Equity Committees) governs
the organization, structure and membership of NYSE Arca Equities
committees. NYSE Arca Equities Rule 3.2(b) sets forth the eligibility
requirements for three [sic] specific Options Committees [sic],
including the Nominating Committee which is governed by Rule 3.2(b)(2).
The Exchange proposes one replacement of ``Governors'' with
``Directors'' in subsection (C)(ii) of Rule 3.2(b)(2). The Exchange
also proposes a non-substantive change to delete ``the'' before ``NYSE
Arca, Inc.'' in the last section of subsection (C)(ii).
     Subsection (a) of NYSE Arca Equities Rule 10.3 (Ex Parte
Communications) governs certain prohibited communications. The Exchange
proposes to replace ``Governors'' with ``Directors'' in NYSE Arca
Equities Rule 10.3(a)(2)(e) and in NYSE Arca Equities Rule
10.3(a)(3)(d).
     NYSE Arca Equities Rule 10.8 (Review) governs review of
review [sic] of disciplinary decisions. The Exchange proposes three
replacements of ``Governors'' with ``Directors'' in subsection (c) of
NYSE Arca Equities

Rule 10.8, and two replacements of ``Governors'' with ``Directors'' in
subsection (d).
     NYSE Arca Equities Rule 10.13 (Hearings and Review of
Decisions) sets forth procedures for persons aggrieved by certain
Exchange actions to seek review of those actions. The Exchange proposes
three replacements of ``Governors'' with ``Directors'' in subsection
(k) of NYSE Arca Equities Rule 10.13.
     Finally, the Exchange proposes one replacement of
``Governors'' with ``Directors'' in NYSE Arca Equities Rule 14.1 (NYSE
Arca, Inc.), which sets forth the plan of delegation of functions by
NYSE Arca to NYSE Arca Equities.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Exchange Act \6\ in general, and with Section
6(b)(5) \7\ in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, and to
remove impediments to and perfect the mechanism of a free and open
market and a national market system and, in general, help to protect
investors and the public interest. Specifically, the Exchange believes
that replacing outdated references to ``Governors'' with ``Directors''
in the phrase ``NYSE Arca Board of Governors'' and one reference to a
``Governor'' with ``Director'' in the NYSE Arca and NYSE Arca Equities
Rules removes impediments to and perfects the mechanism of a free and
open market by removing confusion that may result from having obsolete
references in the Exchange's rulebook. The Exchange further believes
that the proposal removes impediments to and perfects the mechanism of
a free and open market by ensuring that persons subject to the
Exchange's jurisdiction, regulators, and the investing public can more
easily navigate and understand the Exchange's rulebook. The Exchange
believes that eliminating obsolete references would not be inconsistent
with the public interest and the protection of investors because
investors will not be harmed and in fact would benefit from increased
transparency, thereby reducing potential confusion. Removing such
obsolete references will also further the goal of transparency and add
clarity to the Exchange's rules.
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    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
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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 purposes of the Exchange Act. The proposed rule
change is not intended to address competitive issues but rather to
delete obsolete references, thereby increasing transparency, reducing
confusion, and making the Exchange's rules easier to understand and
navigate.

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

    Because the proposed rule change does not: (i) Significantly affect
the protection of investors or the public interest; (ii) impose any
significant burden on competition; and (iii) become operative for 30
days from the date on which it was filed, or such shorter time as the
Commission may designate, it has become effective pursuant to Section
19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6) thereunder.\9\
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    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires a self-regulatory organization to give the Commission
written notice of its intent to file the proposed rule change, along
with a brief description and the text of the proposed rule change,
at least five business days prior to the date of filing of the
proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
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    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the
Act \10\ normally does not become operative for 30 days after the date
of the filing. However, Rule 19b-4(f)(6)(iii) \11\ permits the
Commission to designate a shorter time if such action is consistent
with the protection of investors and the public interest. The Exchange
has asked the Commission to waive the 30-day operative delay so that
the proposal may become operative immediately upon filing. The Exchange
notes that the proposed rule change would delete obsolete references,
which would reduce confusion and add clarity to its rulebook. The
Commission believes that waiving the 30-day operative delay is
consistent with the protection of investors and the public interest.
Therefore, the Commission hereby waives the operative delay and
designates the proposed rule change operative upon filing.\12\
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    \10\ 17 CFR 240.19b-4(f)(6).
    \11\ 17 CFR 240.19b-4(f)(6)(iii).
    \12\ For purposes only of waiving the 30-day operative delay,
the Commission has also considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. If the Commission
takes such action, the Commission shall institute proceedings to
determine whether the proposed rule change should be approved or
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-2016-164 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEArca-2016-164. 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 the 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-2016-164 and should
be submitted on or before January 13, 2017.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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    \13\ 17 CFR 200.30-3(a)(12).
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Eduardo A. Aleman,
Assistant Secretary.
[FR Doc. 2016-30940 Filed 12-22-16; 8:45 am]
 BILLING CODE 8011-01-P


[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Proposed Rules]
[Pages 70242-70244]
[FR Doc No: 2013-28188]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2013-0984; Directorate Identifier 2013-SW-022-AD]
RIN 2120-AA64

Airworthiness Directives; Eurocopter France Helicopters

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for
Eurocopter (Eurocopter) France Model EC225LP helicopters. This proposed
AD would require measuring the operating load of the cockpit fuel shut-
off controls and replacing the tangential gearbox if the operating load
threshold is exceeded. This proposed AD is prompted by the jamming of
the left-hand (LH) side of the fuel shut-off and general cut-off
controls (controls). The proposed actions are intended to prevent the
jamming of the controls so that a pilot can shut down an engine during
an engine fire or during an emergency landing.

DATES: We must receive comments on this proposed AD by January 24,
2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your
comments electronically.
     Fax:<PHONE_NUMBER>.
     Mail: Send comments to the U.S. Department of
Transportation, Docket Operations, M-30, West Building Ground Floor,
Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.
     Hand Delivery: Deliver to the ``Mail'' address between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov or in person at the Docket Operations Office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the European
Aviation Safety Agency (EASA) AD, the economic evaluation, any comments
received, and other information. The street address for the Docket
Operations Office (telephone<PHONE_NUMBER>) is in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.
    For service information identified in this proposed AD, contact
American Eurocopter Corporation, 2701 N. Forum Drive, Grand Prairie, TX
75052; telephone<PHONE_NUMBER> or<PHONE_NUMBER>; fax<PHONE_NUMBER>;
or at http://www.eurocopter.com/techpub. You may review the referenced
service information at the FAA, Office of the Regional Counsel,
Southwest Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas
76137.

FOR FURTHER INFORMATION CONTACT: James Blyn, Aviation Safety Engineer,
Regulations and Policy Group, Rotorcraft Directorate, FAA, 2601 Meacham
Blvd., Fort Worth, Texas 76137; telephone<PHONE_NUMBER>; email
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to participate in this rulemaking by submitting
written comments, data, or views. We also invite comments relating to
the economic, environmental, energy, or federalism impacts that might
result from adopting the proposals in this document. The most helpful
comments reference a specific portion of the proposal, explain the
reason for any recommended change, and include supporting data. To
ensure the docket does not contain duplicate comments, commenters
should send only one copy of written comments, or if comments are filed
electronically, commenters should submit only one time.
    We will file in the docket all comments that we receive, as well as
a report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. Before acting on this proposal, we
will consider all comments we receive on or before the closing date for
comments.

We will consider comments filed after the comment period has closed if
it is possible to do so without incurring expense or delay. We may
change this proposal in light of the comments we receive.

Discussion

    EASA, which is the Technical Agent for the Member States of the
European Union, has issued EASA AD No. 2013-0098-E, dated April 24,
2013, to correct an unsafe condition for Eurocopter Model EC225LP
helicopters with tangential gearboxes, part number (P/N) 200181 or
Eurocopter P/N 704A34112012. EASA advises that during maintenance on a
helicopter, the LH side of the cockpit's emergency shutdown controls
were reported jammed, making it impossible to operate the LH fuel shut-
off and the general cut-out handles. ``This condition, if not detected
and corrected, could lead to failure to manually operate the helicopter
emergency shutdown controls during emergency landing or fire
condition,'' EASA states. To address this unsafe condition, EASA AD No.
2013-0098-E requires an operating load check of the two cockpit fuel
shut-off handles and, depending on findings, lubrication and/or
replacement of the two tangential gearboxes.

FAA's Determination

    These helicopters have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, its technical
representative, has notified us of the unsafe condition described in
the EASA AD. We are proposing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other helicopters of these same
type designs.

Related Service Information

    Eurocopter issued Emergency Alert Service Bulletin (ASB) No.
76A001, Revision 0, dated April 22, 2013, for the Model EC225LP civil
helicopter and the Model EC725 military helicopter to notify its
operators that during a scheduled inspection of the fuel shut-off
controls, a mechanic noticed that one of the shut-off controls jammed.
This jamming made maneuvering the fuel shut-off and the general cut-out
controls impossible. After an investigation, Eurocopter determined that
the jamming originated in the tangential gearbox installed on this
control. Traces of corrosion were observed on the internal bearings of
the LH tangential gearbox, Eurocopter reported. The jamming of the fuel
cut-off control prevents the engine input fuel valve and the engine
compartment ventilation flap from closing and prevents the activation
of the general cut-out control.
    Eurocopter consequently called for a mandatory ``check'' of the
fuel shut-off valve maneuvering loads, lubricating the tangential
gearbox bearings, and depending on the load measurement, replacing the
tangential gearbox.

Proposed AD Requirements

    This proposed AD would require:
     Within 15 hours time-in-service (TIS) or 7 days, whichever
occurs first, measuring the operating load of each cockpit fuel shut-
off control.
     If the operating load is more than 3 daN (6.74 ft-lb),
before further flight, lubricating each tangential gearbox and
measuring the operating load of each cockpit fuel shut-off control.
     If the operating load is less than or equal to 3 daN (6.74
ft-lb), within 6 months, lubricating the tangential gearbox.
     If the operating load is more than 3 daN (6.74 ft-lb)
after lubricating the tangential gearbox, replacing the affected
tangential gearbox before the next flight.

Differences Between This Proposed AD and the EASA AD

    The EASA AD requires differing compliance times based on when the
helicopter's original Certificate of Airworthiness or Export
Certificate of Airworthiness was issued. This proposed AD makes no
distinction regarding compliance times because there are only 4
affected aircraft on the U.S. registry.

Costs of Compliance

    We estimate that this proposed AD would affect 4 helicopters of
U.S. Registry and that labor costs would average $85 a work-hour. Based
on these estimates, we expect the following costs:
     Measuring the operating load of the two cockpit fuel shut-
off controls would require .25 work-hours for a labor cost of about
$21, or $84 for the U.S. fleet. No parts would be needed.
     Lubricating the tangential gearbox would require 4 work-
hours. The cost of consumable materials would be minimal for a total
cost of $340 per helicopter.
     Replacing the tangential gearbox would require 4 work-
hours for a labor cost of $340. Parts would cost $4,943 for a total
cost of $5,283 per helicopter.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
    We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have 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.
    For the reasons discussed, I certify this proposed regulation:
    1. Is not a ``significant regulatory action'' under Executive Order
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska to the extent that
it justifies making a regulatory distinction; and
    4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared an economic evaluation of the estimated costs to comply
with this proposed AD and placed it in the AD docket.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

EUROCOPTER FRANCE HELICOPTERS: Docket No. FAA-2013-0984; Directorate
Identifier 2013-SW-022-AD.

(a) Applicability

    This AD applies to Eurocopter France (Eurocopter) Model EC225LP
helicopters with a tangential gearbox, part number (P/N) 200181 or
704A34112012, installed, certificated in any category.

(b) Unsafe Condition

    This AD defines the unsafe condition as the jamming of the fuel
shut-off and the general cut-off controls. This condition could
prevent a pilot from shutting down an engine during an engine fire
or emergency landing.

(c) Comments Due Date

    We must receive comments by January 24, 2014.

(d) Compliance

    You are responsible for performing each action required by this
AD within the specified compliance time unless it has already been
accomplished prior to that time.

(e) Required Actions

    (1) Within 15 hours time-in-service (TIS) or 7 days, whichever
occurs first, measure the operating load of each cockpit fuel shut-
off control.
    (i) If the operating load is more than 3 daN (6.74 ft-lb),
before further flight, lubricate each tangential gearbox and measure
the operating load of each cockpit fuel shut-off control.
    (ii) If the operating load is less than or equal to 3 daN (6.74
ft-lb), within 6 months, lubricate each tangential gearbox and
measure the operating load of each cockpit fuel shut-off control.
    (iii) If the operating load is more than 3 daN (6.74 ft-lb)
after lubricating the tangential gearbox, replace the affected
tangential gearbox before the next flight.
    (2) Before installing a tangential gearbox, P/N 200181 or
704A34112012, lubricate the upper and lower bearings.

(f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs
for this AD. Send your proposal to: James Blyn, Aviation Safety
Engineer, Regulations and Policy Group, Rotorcraft Directorate, FAA,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone (817) 222-
5110; email<EMAIL_ADDRESS>    (2) For operations conducted under a 14 CFR part 119 operating
certificate or under 14 CFR part 91, subpart K, we suggest that you
notify your principal inspector, or lacking a principal inspector,
the manager of the local flight standards district office or
certificate holding district office before operating any aircraft
complying with this AD through an AMOC.

(g) Additional Information

    (1) Eurocopter Emergency Alert Service Bulletin No. 76A001,
Revision 0, dated April 22, 2013, which is not incorporated by
reference, contains additional information about the subject of this
AD. For service information, contact American Eurocopter
Corporation, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone
(972) 641-0000 or<PHONE_NUMBER>; fax<PHONE_NUMBER>; or at http://www.eurocopter.com/techpub. You may review the referenced service
information at the FAA, Office of the Regional Counsel, Southwest
Region, 2601 Meacham Blvd., Room 663, Fort Worth, Texas 76137.
    (2) The subject of this AD is addressed in European Aviation
Safety Agency (EASA) AD No. 2013-0098-E, dated April 24, 2013. You
may view the EASA AD in the AD Docket on the Internet at http://www.regulations.gov.

(h) Subject

    Joint Aircraft Service Component (JASC) Code: Engine Controls,
7600.

    Issued in Fort Worth, Texas, on October 7, 2013.
Kim Smith,
Directorate Manager, Rotorcraft Directorate, Aircraft Certification
Service.
[FR Doc. 2013-28188 Filed 11-22-13; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 82, Number 197 (Friday, October 13, 2017)]
[Notices]
[Pages 47733-47734]
[FR Doc No: 2017-22237]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2017-0042; FRL-9968-59]

Pesticide Program Dialogue Committee; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Pursuant to the Federal Advisory Committee Act, the
Environmental Protection Agency's (EPA's) Office of Pesticide Programs
is announcing a public meeting of the Pesticide Program Dialogue
Committee (PPDC) on November 1-2, 2017. This meeting provides advice
and recommendations to the EPA Administrator on issues associated with
pesticide regulatory development and reform initiatives, evolving
public policy and program implementation issues, and science issues
associated with evaluating and reducing risks from use of pesticides.

DATES: The meeting will be held on Wednesday, November 1, 2017, from
9:00 a.m. to 5:00 p.m., and Thursday, November 2, 2017, from 9 a.m. to
12:00 p.m.
    Agenda: A draft agenda will be posted on or before October 18,
2017.
    Accommodations requests: To request accommodation of a disability,
please contact the person listed under FOR FURTHER INFORMATION CONTACT,
preferably at least 10 days prior to the meeting, to give EPA as much
time as possible to process your request.

ADDRESSES: The PPDC Meeting will be held at 1 Potomac Yard South, 2777
S. Crystal Drive, Arlington, VA, in the lobby-level Conference Center.
    EPA's Potomac Yard South Bldg. is approximately 1 mile from the
Crystal City Metro Station.

FOR FURTHER INFORMATION CONTACT: Dea Zimmerman, Office of Pesticide
Programs (L-17J), Environmental Protection Agency, 77 W. Jackson
Boulevard, Chicago, IL 60604; telephone number:<PHONE_NUMBER>; email
address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you work in
agricultural settings or if you are concerned about implementation of
the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA); the
Federal Food, Drug, and Cosmetic Act (FFDCA); and the amendments to
both of these major pesticide laws by the Food Quality Protection Act
(FQPA) of 1996; the Pesticide Registration Improvement Act, and the
Endangered Species Act. Potentially affected entities may include, but
are not limited to: Agricultural workers and farmers; pesticide
industry and trade associations; environmental, consumer, and farm
worker groups; pesticide users and growers; animal rights groups; pest
consultants; State, local, and tribal governments; academia; public
health organizations; and the public. If you have 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?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2017-0042, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. Background

    The PPDC is a federal advisory committee chartered under the
Federal Advisory Committee Act (FACA), Public Law 92-463. EPA
established the PPDC in September 1995 to provide advice and
recommendations to the EPA Administrator on issues associated with
pesticide regulatory development and reform initiatives, evolving
public policy and program implementation issues, and science issues
associated with evaluating and reducing risks from use of pesticides.
The following sectors are represented on the current PPDC:
Environmental/public interest and animal rights groups; farm worker
organizations; pesticide industry and trade associations; pesticide
user, grower, and commodity groups; Federal and State/local/tribal
governments; the general public; academia; and public health
organizations.

III. How can I request to participate in this meeting?

    PPDC meetings are free, open to the public, and no advance
registration is required. Public comments may be made during the public
comment session of each meeting or in writing to the person listed
under FOR FURTHER INFORMATION CONTACT.

    Authority: 7 U.S.C. 136 et. seq.

    Dated: October 3, 2017.
Arnold E. Layne,
Acting Director, Office of Pesticide Programs.
[FR Doc. 2017-22237 Filed 10-12-17; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 79, Number 1 (Thursday, January 2, 2014)]
[Notices]
[Pages 173-179]
[FR Doc No: 2013-31367]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-71193; File No. SR-NASDAQ-2013-155]

Self-Regulatory Organizations; The NASDAQ Stock Market LLC;
Notice of Filing of Proposed Rule Change to List and Trade Shares of
the AdvisorShares YieldPro ETF

December 26, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on December 13, 2013, The NASDAQ Stock Market LLC (``Nasdaq'' or the
``Exchange'') filed with the Securities and Exchange Commission
(``Commission'') the proposed rule change as described in in Items I,
II, and III below, which Items have been prepared by Nasdaq. 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\ 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

    Nasdaq proposes to list and trade the shares of the AdvisorShares
YieldPro ETF (the ``Fund'') of the AdvisorShares Trust (the ``Trust'')
under Nasdaq Rule 5735 (``Managed Fund Shares'').\3\ The shares of the
Fund are collectively referred to herein as the ``Shares.''
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    \3\ The Commission approved Nasdaq Rule 5735 in Securities
Exchange Act Release No. 57962 (June 13, 2008), 73 FR 35175 (June
20, 2008) (SR-NASDAQ-2008-039). There are already multiple actively-
managed funds listed on the Exchange; see Securities Exchange Act
Release No. 66175 (February 29, 2012), 77 FR 13379 (March 6, 2012)
(SR-NASDAQ-2012-004) (order approving listing and trading of
WisdomTree Emerging Markets Corporate Bond Fund). Additionally, the
Commission has previously approved the listing and trading of a
number of actively-managed WisdomTree funds on NYSE Arca, Inc.
pursuant to Rule 8.600 of that exchange. See, e.g., Securities
Exchange Act Release No. 64643 (June 10, 2011), 76 FR 35062 (June
15, 2011) (SR-NYSEArca-2011-21) (order approving listing and trading
of WisdomTree Global Real Return Fund). The Exchange believes the
proposed rule change raises no significant issues not previously
addressed in those prior Commission orders.
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    The text of the proposed rule change is available at http://nasdaq.cchwallstreet.com/, at Nasdaq's principal office, 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, Nasdaq included statements
concerning the purpose of, and basis for, the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. Nasdaq has prepared summaries, set forth in Sections A,
B, and C below, of the most significant aspects of such statements.

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

1. Purpose
    The Exchange proposes to list and trade the Shares of the Fund
under Nasdaq Rule 5735, which governs the listing and trading of
Managed Fund Shares \4\ on the Exchange. The Fund will be an actively
managed exchange-traded fund (``ETF''). The Shares will be offered by
the Trust, which was established as a Delaware statutory trust on July
30, 2007.\5\ The Trust is registered with the Commission as an
investment company and has filed a registration statement on Form N-1A
(``Registration Statement'') with the Commission.\6\ The Fund is a
series of the Trust.
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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)(the ``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 Index Fund Shares, listed
and traded on the Exchange under Nasdaq Rule 5705, 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 issued an order granting certain
exemptive relief to the Trust under the 1940 Act (the ``Exemptive
Order''). See Investment Company Act Release No. 28822 (July 20,
2009) (File No. 812-13677). In compliance with Nasdaq Rule
5735(b)(5), which applies to Managed Fund Shares based on an
international or global portfolio, the Trust's application for
exemptive relief under the 1940 Act states that the Fund will comply
with the federal securities laws in accepting securities for
deposits and satisfying redemptions with redemption securities,
including that the securities accepted for deposits and the
securities used to satisfy redemption requests are sold in
transactions that would be exempt from registration under the
Securities Act of 1933 (15 U.S.C. 77a).
    \6\ See Registration Statement on Form N-1A for the Trust, dated
August 7, 2013 (File Nos. 333-157876 and 811-22110). The
descriptions of the Fund and the Shares contained herein are based,
in part, on information in the Registration Statement.
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    AdvisorShares Investments, LLC will be the investment adviser
(``Adviser'') to the Fund. The Elements Financial Group, LLC will be
the investment sub-adviser (``Sub-Adviser'') to the Fund. Foreside Fund
Services, LLC (the ``Distributor'') will be the principal underwriter
and distributor of the Fund's Shares. The Bank of New York Mellon
(``BNY Mellon'') will act as the administrator, accounting agent,
custodian (``Custodian'') and transfer agent to the Fund.
    Paragraph (g) of Rule 5735 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 and/or
changes to such investment company portfolio.\7\ In addition,

paragraph (g) 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, non-public
information regarding the open-end fund's portfolio. Rule 5735(g) is
similar to Nasdaq Rule 5705(b)(5)(A)(i); however, paragraph (g) 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 is neither a broker-dealer nor
affiliated with a broker-dealer. In the event (a) the Adviser becomes
newly affiliated with a broker-dealer or registers as a broker-dealer,
or (b) any new adviser or sub-adviser is a registered broker-dealer or
becomes affiliated with a broker-dealer, it will implement a fire wall
with respect to its relevant personnel and/or such broker-dealer
affiliate, if applicable, 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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    \7\ 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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AdvisorShares YieldPro ETF
Principal Investments
    According to the Registration Statement, the Fund's investment
objective will be to provide current income and capital appreciation.
The Fund will be an actively managed ETF that is a ``fund of funds''
seeking to achieve its investment objective by primarily investing in
both long and short positions in other affiliated and unaffiliated ETFs
\8\ that offer diversified exposure to fixed income and other income
producing securities. The Fund's investments may, at various times,
include bonds and instruments issued by the U.S. government,\9\ U.S.
investment grade corporate debt, high yield bonds, municipal bonds, and
mortgage-backed securities. The Fund will not invest in residential-
mortgage backed securities or other asset-backed securities. The Fund
may also invest in equity, inverse or other types of ETFs to supplement
its fixed income ETF positions. The Fund intends to invest the majority
of its assets in investments that provide a competitive yield on a
risk-adjusted basis. The Fund will also allocate its investments to
instruments which provide little or no yield for diversification or
risk management purposes.
---------------------------------------------------------------------------

    \8\ As described in the Registration Statement, an ETF is an
investment company registered under the 1940 Act that holds a
portfolio of securities. Many ETFs are designed to track the
performance of a securities index, including industry, sector,
country and region indexes. ETFs included in the Fund will be listed
and traded in the U.S. on registered exchanges. The Fund may invest
in the securities of ETFs in excess of the limits imposed under the
1940 Act pursuant to exemptive orders obtained by other ETFs and
their sponsors from the Commission. The ETFs in which the Fund may
invest include Index Fund Shares (as described in Nasdaq Rule 5705),
Portfolio Depositary Receipts (as described in Nasdaq Rule 5705),
and Managed Fund Shares (as described in Nasdaq Rule 5735). While
the Fund may invest in inverse ETFs, the Fund will not invest in
leveraged or inverse leveraged (e.g., 2X or -3X) ETFs.
    \9\ Such securities will include securities that are issued or
guaranteed by the U.S. Treasury, by various agencies of the U.S.
government, or by various instrumentalities, which have been
established or sponsored by the U.S. government. U.S. Treasury
obligations are backed by the ``full faith and credit'' of the U.S.
government. Securities issued or guaranteed by federal agencies and
U.S. government-sponsored instrumentalities may or may not be backed
by the full faith and credit of the U.S. government.
---------------------------------------------------------------------------

    In seeking to achieve its investment objective, the Fund may also
invest directly (as discussed herein) in U.S.-traded fixed income and
equity securities, certain derivatives described below, namely options,
futures, and structured notes; and other exchange-traded products
(``ETPs'').
    The Fund may trade put and call options on securities, securities
indices and currencies. The Fund may purchase put and call options on
securities to protect against a decline in the market value of the
securities in its portfolio or to anticipate an increase in the market
value of securities that the Fund may seek to purchase in the future.
The Fund may write covered call options on securities as a means of
increasing the yield on its assets and as a means of providing limited
protection against decreases in its market value. The Fund may purchase
and write options on an exchange or over-the-counter.
    According to the Registration Statement, the Fund may buy and sell
futures contracts. The Fund will only enter into futures contracts that
are traded on a national futures exchange regulated by the Commodities
Futures Trading Commission (``CFTC'').\10\ The Fund may use futures
contracts and related options for bona fide hedging; attempting to
offset changes in the value of securities held or expected to be
acquired or be disposed of; attempting to gain exposure to a particular
market, index or instrument; or other risk management purposes. The
Fund may buy and sell index futures contracts with respect to any index
that is traded on a recognized exchange or board of trade.
---------------------------------------------------------------------------

    \10\ To the extent the Fund invests in futures, options on
futures or other instruments subject to regulation by the CFTC, it
will do so in reliance on and in compliance with CFTC regulations in
effect from time to time and in accordance with the Fund's policies.
The Trust, on behalf of certain of its series, has filed a notice of
eligibility for exclusion from the definition of the term
``commodity pool operator'' in accordance with CFTC Regulation 4.5.
Therefore, neither the Trust nor the Fund is deemed to be a
``commodity pool'' or ``commodity pool operator'' with respect to
the Fund under the Commodity Exchange Act (``CEA''), and they are
not subject to registration or regulation as such under the CEA. In
addition, as of the date of this filing, the Adviser is not deemed
to be a ``commodity pool operator'' or ``commodity trading adviser''
with respect to the advisory services it provides to the Fund. The
CFTC recently adopted amendments to CFTC Regulation 4.5 and has
proposed additional regulatory requirements that may affect the
extent to which the Fund invests in instruments that are subject to
regulation by the CFTC and impose additional regulatory obligations
on the Fund and the Adviser. The Fund reserves the right to engage
in transactions involving futures, options thereon and swaps to the
extent allowed by CFTC regulations in effect from time to time and
in accordance with the Fund's policies.
---------------------------------------------------------------------------

    The Fund may invest in structured notes, which are debt obligations
that also contain an embedded derivative component with characteristics
that adjust the obligation's risk/return profile. Generally, the
performance of a structured note will track that of the underlying debt
obligation and the derivative embedded within it. The Fund has the
right to receive periodic interest payments from the issuer of the
structured notes at an agreed-upon interest rate and a return of the
principal at the maturity date.
    On a day-to-day basis, the Fund may hold money market
instruments,\11\ cash, other cash equivalents, and ETPs that invest in
these and other highly liquid instruments to collateralize its
derivative or short positions.
---------------------------------------------------------------------------

    \11\ For the Fund's purposes, money market instruments will
include: Short-term, high-quality securities issued or guaranteed by
U.S. governments, agencies and instrumentalities; non-convertible
corporate debt securities with remaining maturities of not more than
397 days that satisfy ratings requirements under Rule 2a-7 of the
1940 Act; money market mutual funds; and deposits and other
obligations of U.S. and non-U.S. banks and financial institutions.
As a related matter, according to the Registration Statement, the
Fund may invest in shares of money market mutual funds to the extent
permitted by the 1940 Act.
---------------------------------------------------------------------------

Other Investments
    The Fund may invest in certificates of deposit issued against funds
deposited in a bank or savings and loan association. In addition, the
Fund may invest in bankers' acceptances, which are short-term credit
instruments used to finance commercial transactions.

    The Fund also may invest in fixed time deposits, which are bank
obligations payable at a stated maturity date and bearing interest at a
fixed rate. Additionally, the Fund may invest in commercial paper,
which are short-term unsecured promissory notes. The Fund may invest in
commercial paper rated A-1 or A-2 by Standard and Poor's Rating
Services (``S&P'') or Prime-1 or Prime-2 by Moody's Investors Service,
Inc. (``Moody's) or, if unrated, judged by the Adviser to be of
comparable quality. Together, these Other Investments will make up less
than 20% of the Fund assets under normal circumstances.
Investment Restrictions
    According to the Registration Statement, the Fund may not invest
more than 25% of the value of its total assets in securities of issuers
in any one industry or group of industries. This restriction will not
apply to obligations issued or guaranteed by the U.S. government, its
agencies or instrumentalities, or securities of other investment
companies.\12\
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    \12\ 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 purchase securities of open-end or closed-end
investment companies except in compliance with the 1940 Act.
    The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment).\13\
The Fund will monitor its portfolio liquidity on an ongoing basis to
determine whether, in light of current circumstances, an adequate level
of liquidity is being maintained, and will consider taking appropriate
steps in order to maintain adequate liquidity if, through a change in
values, net assets, or other circumstances, more than 15% of the Fund's
net assets are held in illiquid assets. Illiquid assets include
securities subject to contractual or other restrictions on resale and
other instruments that lack readily available markets as determined in
accordance with Commission staff guidance.\14\
---------------------------------------------------------------------------

    \13\ In reaching liquidity decisions, the Adviser may consider
the following factors: The frequency of trades and quotes for the
security; the number of dealers wishing to purchase or sell the
security and the number of other potential purchasers; dealer
undertakings to make a market in the security; and the nature of the
security and the nature of the marketplace trades (e.g., the time
needed to dispose of the security, the method of soliciting offers,
and the mechanics of transfer).
    \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), FN 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 Securities Act of 1933).
---------------------------------------------------------------------------

    The Fund intends to qualify for and to elect to be treated as a
separate regulated investment company under SubChapter M of the
Internal Revenue Code.\15\
---------------------------------------------------------------------------

    \15\ 26 U.S.C. 851.
---------------------------------------------------------------------------

    Under the 1940 Act, the Fund's investment in investment companies
will be limited to, subject to certain exceptions: (i) 3% of the total
outstanding voting stock of any one investment company, (ii) 5% of the
Fund's total assets with respect to any one investment company, and
(iii) 10% of the Fund's total assets with respect to investment
companies in the aggregate.
    The Fund's investments will be consistent with the Fund's
investment objective.
Net Asset Value
    According to the Registration Statement, the Fund's net asset value
(``NAV'') will be determined as of the close of trading (normally 4:00
p.m., Eastern time (``E.T.'')) on each day the New York Stock Exchange
(``NYSE'') is open for business. NAV will be calculated for the Fund by
taking the market price of the Fund's total assets, including interest
or dividends accrued but not yet collected, less all liabilities, and
dividing such amount by the total number of Shares outstanding. The
result, rounded to the nearest cent, will be the NAV per Share. All
valuations will be subject to review by the Trust's Board of Trustees
or its delegate.
    The Fund's investments will be valued at market value or, in the
absence of market value with respect to any investment, at fair value
in accordance with valuation procedures adopted by the Trust's Board of
Trustees and in accordance with the 1940 Act. Common stocks and equity
securities (including shares of ETFs) traded on a domestic securities
exchange will be valued at the last sales price on that exchange. The
Fund will not invest in over-the-counter equity securities. Portfolio
securities traded on more than one securities exchange will be valued
at the last sale price or, if so disseminated by an exchange, the
official closing price, as applicable, at the close of the exchange
representing the principal exchange or market for such securities on
the business day as of which such value is being determined. U.S.
listed foreign equities and listed ADRs will be valued at the last
sales price on the relevant exchange on the valuation date. If,
however, neither the last sales price nor the official closing price is
available, each of these securities will be valued at the mean of the
most recent bid and ask prices on such day.
    Fixed income securities, including municipal bonds, mortgage-backed
securities, treasuries, and corporate bonds, will be valued at the mean
of the final bid and ask prices, and if a mean is not available, the
security will be valued at the final bid price.
    Options will be valued at the mean of the final bid and ask prices
on the same business day that such value is being determined at the
close of the exchange representing the principal market for such
securities. If the mean is not available, options will be valued using
the last sales price at the close of the exchange. OTC options will be
valued on the basis of the OTC pricing matrix provided by the trading
broker. In both instances, third-party valuation services will value
OTC options on behalf of the Fund.
    Non-listed ADRs will be valued at the last sales price, if
available; otherwise, non-listed ADRs will be valued at the mean of the
final bid and ask price from independent pricing services. Swaps will
be valued using the mid-level quote as of 4:00 p.m. EST. Non-exchange-
traded derivatives, including swaps, will normally be valued on the
basis of quotes obtained from brokers and dealers or pricing services
using data reflecting the earlier closing of the principal markets for
those assets. Prices obtained from independent pricing services use
information provided by market makers or estimates of market values
obtained from yield data relating to investments or securities with
similar characteristics.
    Exchange-traded futures contracts will be valued at the closing
price in the market where such contracts are principally traded.
Established pricing methods and valuation policies and procedures
outlined above may change, subject to the review and approval of the
Trust's Fair Valuation Committee and Board of Trustees, as necessary.
    Certain securities may not be able to be priced by pre-established
pricing methods. Such securities may be valued by the Board or its
delegate at fair value.

The use of fair value pricing by the Fund will be governed by valuation
procedures adopted by the Board and in accordance with the provisions
of the 1940 Act. These securities generally include, but are not
limited to, restricted securities (securities which may not be publicly
sold without registration under the Securities Act of 1933) for which a
pricing service is unable to provide a market price; securities whose
trading has been formally suspended; a security whose market price is
not available from a pre-established pricing source; a security with
respect to which an event has occurred that is likely to materially
affect the value of the security after the market has closed but before
the calculation of the Fund's net asset value or make it difficult or
impossible to obtain a reliable market quotation; and a security whose
price, as provided by the pricing service, does not reflect the
security's ``fair value.'' As a general principle, the current ``fair
value'' of a security would appear to be the amount which the owner
might reasonably expect to receive for the security upon its current
sale. The use of fair value prices by the Fund generally results in the
prices used by the Fund that may differ from current market quotations
or official closing prices on the applicable exchange. A variety of
factors may be considered in determining the fair value of such
securities.
Creation and Redemption of Shares
    The Trust will issue and sell Shares of the Fund only in Creation
Unit aggregations, and only in aggregations of at least 25,000 Shares,
on a continuous basis through the Distributor, without a sales load, at
the NAV next determined after receipt, on any business day, of an order
in proper form.
    The consideration for purchase of Creation Unit aggregations of the
Fund may consist of (i) cash in lieu of all or a portion of the Deposit
Securities, as defined below, and/or (ii) a designated portfolio of
securities determined by the Adviser that generally will conform to the
holdings of the Fund consistent with its investment objective (the
``Deposit Securities'') per each Creation Unit aggregation and
generally an amount of cash (the ``Cash Component'') computed as
described below. Together, the Deposit Securities and the Cash
Component (including the cash in lieu amount) will constitute the
``Fund Deposit,'' which will represent the minimum initial and
subsequent investment amount for a Creation Unit aggregation of the
Fund.
    The consideration for redemption of Creation Unit aggregations of
the Fund may consist of (i) cash in lieu of all or a portion of the
Fund Securities as defined below, and/or (ii) a designated portfolio of
securities determined by the Adviser that generally will conform to the
holdings of the Fund consistent with its investment objective per each
Creation Unit aggregation (``Fund Securities'') and generally a Cash
Component, as described below.
    The Cash Component is sometimes also referred to as the Balancing
Amount. The Cash Component will serve the function of compensating for
any differences between the NAV per Creation Unit aggregation and the
Deposit Amount (as defined below). For example, for a creation the Cash
Component will be an amount equal to the difference between the NAV of
Fund Shares (per Creation Unit aggregation) and the ``Deposit
Amount''--an amount equal to the market value of the Deposit Securities
and/or cash in lieu of all or a portion of the Deposit Securities. If
the Cash Component is a positive number (i.e., the NAV per Creation
Unit aggregation exceeds the Deposit Amount), the Authorized
Participant (defined below) will deliver the Cash Component. If the
Cash Component is a negative number (i.e., the NAV per Creation Unit
aggregation is less than the Deposit Amount), the Authorized
Participant will receive the Cash Component.
    The Custodian, through the National Securities Clearing Corporation
(``NSCC''), will make available on each business day, prior to the
opening of business of the NYSE (currently 9:30 a.m., E.T.), the list
of the names and the quantity of each Deposit Security to be included
in the current Fund Deposit (based on information at the end of the
previous business day). Such Fund Deposit will be applicable, subject
to any adjustments as described below, in order to effect creations of
Creation Unit aggregations of the Fund until such time as the next-
announced composition of the Deposit Securities is made available. The
Custodian, through the NSCC, will also make available on each business
day, prior to the opening of business of the NYSE (currently 9:30 a.m.,
E.T.), the list of the names and the quantity of each security to be
included (based on information at the end of the previous business
day), subject to any adjustments as described below, in order to affect
redemptions of Creation Unit aggregations of the Fund until such time
as the next-announced composition of the Fund Securities is made
available.
    The identity and quantity of the Deposit Securities required for a
Fund Deposit for the Shares may change as rebalancing adjustments and
corporate action events are reflected within the Fund from time to time
by the Adviser consistent with the investment objective of the Fund. In
addition, the Trust will reserve the right to permit or require the
substitution of an amount of cash, i.e., a ``cash in lieu'' amount, to
be added to the Cash Component to replace any Deposit Security that may
not be available in sufficient quantity for delivery or which might not
be eligible for trading by an Authorized Participant or the investor
for which it is acting or other relevant reason.
    In addition to the list of names and numbers of securities
constituting the current Deposit Securities of a Fund Deposit, the
Custodian, through the NSCC, will also make available on each business
day, the estimated Cash Component, effective through and including the
previous business day, per Creation Unit aggregation of the Fund.
    According to the Registration Statement, to be eligible to place
orders with respect to creations and redemptions of Creation Units, an
entity must be (i) a ``Participating Party,'' i.e., a broker-dealer or
other participant in the clearing process through the continuous net
settlement system of the NSCC or (ii) a Depository Trust Company
(``DTC'') Participant (a ``DTC Participant''). In addition, each
Participating Party or DTC Participant (each, an ``Authorized
Participant'') must execute an agreement that has been agreed to by the
Distributor and the Custodian with respect to purchases and redemptions
of Creation Units.
    All orders to create Creation Unit aggregations must be received by
the Distributor no later than 3:00 p.m., Eastern time, an hour earlier
than the closing time of the regular trading session on the NYSE
(ordinarily 4:00 p.m., E.T.), in each case on the date such order is
placed in order for creations of Creation Unit aggregations to be
effected based on the NAV of Shares of the Fund as next determined on
such date after receipt of the order in proper form.
    In order to redeem Creation Units of the Fund, an Authorized
Participant must submit an order to redeem for one or more Creation
Units. All such orders must be received by the Distributor in proper
form no later than 3:00 p.m., Eastern time, an hour earlier than the
close of regular trading on the NYSE (ordinarily 4:00 p.m. E.T.), in
order to receive that day's closing NAV per Share.
Availability of Information
    The Fund's Web site (www.advisorshares.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 Web site will include the Fund's ticker,
Cusip and exchange information along with additional quantitative
information updated on a daily basis, including, for the Fund: (1)
Daily trading value, the prior business day's reported NAV and closing
price, mid-point of the bid/ask spread at the time of calculation of
such NAV (the ``Bid/Ask Price'') \16\ 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 Regular
Market Session \17\ on the Exchange, the Fund will disclose on its Web
site the identities and quantities of the portfolio of securities and
other assets (the ``Disclosed Portfolio'' as defined in Nasdaq Rule
5735(c)(2)) held by the Fund that will form the basis for the Fund's
calculation of NAV at the end of the business day.\18\ The Disclosed
Portfolio will include, as applicable, the names, quantity, percentage
weighting and market value of securities and other assets held by the
Fund and the characteristics of such assets. The Web site and
information will be publicly available at no charge.
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    \16\ The Bid/Ask Price of the Fund will be determined using the
midpoint 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.
    \17\ See Nasdaq Rule 4120(b)(4) (describing the three trading
sessions on the Exchange: (1) Pre-Market Session from 4 a.m. to 9:30
a.m. E.T.; (2) Regular Market Session from 9:30 a.m. to 4 p.m. or
4:15 p.m. E.T.; and (3) Post-Market Session from 4 p.m. or 4:15 p.m.
to 8 p.m. E.T.).
    \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'').
Notwithstanding the foregoing, portfolio trades that are executed
prior to the opening of the Exchange on any business day may be
booked and reflected in NAV on such business day. 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.
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    In addition, for the Fund, an estimated value, defined in Rule
5735(c)(3) as the ``Intraday Indicative Value,'' that reflects an
estimated intraday value of the Fund's portfolio, will be disseminated.
Moreover, the Intraday Indicative Value, available on the NASDAQ OMX
Information LLC proprietary index data service \19\ will be based upon
the current value for the components of the Disclosed Portfolio and
will be updated and widely disseminated by one or more major market
data vendors and broadly displayed at least every 15 seconds during the
Regular Market Session. Information regarding the ETFs, other ETPs,
options, futures, equity securities, debt securities, and other
investments held by the Fund will be available from the U.S. securities
exchanges trading such securities, in the case of exchange-traded
securities, as well as automated quotation systems, published or other
public sources, or on-line information services such as Bloomberg or
Reuters. Additionally, OTC pricing information is available at
www.otcbb.com.
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    \19\ Currently, the NASDAQ OMX Global Index Data Service
(``GIDS'') is the NASDAQ OMX global index data feed service,
offering real-time updates, daily summary messages, and access to
widely followed indexes and Intraday Indicative Values for ETFs.
GIDS provides investment professionals with the daily information
needed to track or trade NASDAQ OMX indexes, listed ETFs, or third-
party partner indexes and ETFs.
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    The dissemination of the Intraday Indicative Value, together with
the Disclosed Portfolio, will allow investors to determine the value of
the underlying portfolio of the Fund on a daily basis and will provide
a close estimate of that value throughout the trading day.
    Intra-day, executable price quotations on the securities and other
assets held by the Fund, will be available from major broker-dealer
firms or on the exchange on which they are traded, as applicable.
Intra-day price information will also be available through subscription
services, such as Bloomberg, Markit and Thomson Reuters, which can be
accessed by Authorized Participants and other investors.
    Investors will also be able to obtain the Fund's Statement of
Additional Information (``SAI''), the Fund's Shareholder Reports, and
its Form N-CSR and Form N-SAR, filed twice a year. The Fund's SAI and
Shareholder Reports will be available free upon request from the Fund,
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 volume of the Shares will be
continually available on a real-time basis throughout the day on
brokers' computer screens and other electronic services. The previous
day's closing price and trading volume information for the Shares will
be published daily in the financial section of newspapers. Quotation
and last sale information for the Shares will be available via Nasdaq
proprietary quote and trade services, as well as in accordance with the
Unlisted Trading Privileges and the Consolidated Tape Association plans
for the Shares and any underlying exchange-traded products.
    Additional information regarding the Fund and the Shares, including
investment strategies, risks, creation and redemption procedures, fees,
Fund holdings disclosure policies, distributions and taxes will be
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.
Initial and Continued Listing
    The Shares will be subject to Rule 5735, which sets forth the
initial and continued listing criteria applicable to Managed Fund
Shares. The Exchange represents that, for initial and/or continued
listing, the Fund must be in compliance with Rule 10A-3 \20\ under the
Act. A minimum of 100,000 Shares 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
will be made available to all market participants at the same time.
---------------------------------------------------------------------------

    \20\ See 17 CFR 240.10A-3.
---------------------------------------------------------------------------

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. Nasdaq will halt trading in the
Shares under the conditions specified in Nasdaq Rules 4120 and 4121,
including the trading pauses under Nasdaq Rules 4120(a)(11) and (12).
Trading 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 other assets constituting 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 also will be subject to Rule
5735(d)(2)(D), which sets forth circumstances under which Shares of the
Fund may be halted.
Trading Rules
    Nasdaq deems the Shares to be equity securities, thus rendering
trading in the Shares subject to Nasdaq's existing rules

governing the trading of equity securities. Nasdaq will allow trading
in the Shares from 4:00 a.m. until 8:00 p.m. E.T. The Exchange has
appropriate rules to facilitate transactions in the Shares during all
trading sessions. As provided in Nasdaq Rule 5735(b)(3), the minimum
price variation for quoting and entry of orders in Managed Fund Shares
traded on the Exchange is $0.01.
Surveillance
    The Exchange represents that trading in the Shares will be subject
to the existing trading surveillances, administered by both Nasdaq and
also 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.\21\ 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.
---------------------------------------------------------------------------

    \21\ 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 other exchange-traded securities
and instruments held by the Fund with other markets and other entities
that are members of the Intermarket Surveillance Group (``ISG'') \22\
and FINRA may obtain trading information regarding trading in the
Shares and exchange-traded securities and instruments held by the Fund
from such markets and other entities. In addition, the Exchange may
obtain information regarding trading in the Shares and exchange-traded
securities and instruments held by the Fund from markets and other
entities that are members of ISG, which includes securities and futures
exchanges, or with which the Exchange has in place a comprehensive
surveillance sharing agreement. Such securities and instruments will
comprise at least 90% of the Fund's assets at all times.
---------------------------------------------------------------------------

    \22\ For a list of the current members of ISG, see
www.isgportal.org. The Exchange notes that not all components of the
Disclosed Portfolio 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 Circular
    Prior to the commencement of trading, the Exchange will inform its
members in an Information Circular of the special characteristics and
risks associated with trading the Shares. Specifically, the Information
Circular will discuss the following: (1) The procedures for purchases
and redemptions of Shares in Creation Units (and that Shares are not
individually redeemable); (2) Nasdaq Rule 2111A, which imposes
suitability obligations on Nasdaq members with respect to recommending
transactions in the Shares to customers; (3) how information regarding
the Intraday Indicative Value is disseminated; (4) the risks involved
in trading the Shares during the Pre-Market and Post-Market Sessions
when an updated Intraday Indicative Value will not be calculated or
publicly disseminated; (5) the requirement that members 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 Information Circular will advise members, prior to
the commencement of trading, of the prospectus delivery requirements
applicable to the Fund. Members purchasing Shares from the Fund for
resale to investors will deliver a prospectus to such investors. The
Information Circular will also discuss any exemptive, no-action and
interpretive relief granted by the Commission from any rules under the
Act.
    Additionally, the Information Circular will reference that the Fund
is subject to various fees and expenses described in the Registration
Statement. The Information Circular will also disclose the trading
hours of the Shares of the Fund and the applicable NAV calculation time
for the Shares. The Information Circular will disclose that information
about the Shares of the Fund will be publicly available on the Fund's
Web site.
2. Statutory Basis
    Nasdaq believes that the proposal is consistent with Section 6(b)
of the Act in general and Section 6(b)(5) of the Act in particular in
that it is designed to prevent fraudulent and manipulative acts and
practices, to promote just and equitable principles of trade, to foster
cooperation and coordination with persons engaged in facilitating
transactions in securities, and to remove impediments to and perfect
the mechanism of a free and open market and in general, to protect
investors and the public interest.
    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 Nasdaq Rule 5735. The
Exchange represents that trading in the Shares will be subject to the
existing trading surveillances, administered by both Nasdaq and also
FINRA on behalf of the Exchange, which are designed to detect
violations of Exchange rules and applicable federal securities laws. In
addition, paragraph (g) of Nasdaq Rule 5735 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, non-public information regarding the
open-end fund's portfolio. The Fund's investments will be consistent
with the Fund's investment objective. FINRA may obtain information via
ISG from other exchanges that are members of ISG. In addition, the
Exchange may obtain information regarding trading in the Shares and
other exchange-traded securities and instruments held by the Fund from
markets and other entities that are members of ISG, which includes
securities and futures exchanges, or with which the Exchange has in
place a comprehensive surveillance sharing agreement. Such securities
and instruments will comprise at least 90% of the Fund's assets at all
times. The Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid assets (calculated at the time of investment).
    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 will be publicly available regarding the Fund and the
Shares, thereby promoting market transparency. Moreover, the Intraday
Indicative Value, available on the NASDAQ OMX Information LLC
proprietary index data service will be widely disseminated by one or
more

major market data vendors at least every 15 seconds during the Regular
Market Session. Information regarding the ETFs, other ETPs, options,
futures, equity securities, debt securities, and other investments held
by the Fund will be available from the U.S. securities exchanges
trading such securities, in the case of exchange-traded securities, as
well as automated quotation systems, published or other public sources,
or on-line information services such as Bloomberg or Reuters. On each
business day, before commencement of trading in Shares in the Regular
Market Session on the Exchange, the Fund will disclose on its Web site
the Disclosed Portfolio of the Fund 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 for the Shares will be available via Nasdaq
proprietary quote and trade services, as well as in accordance with the
Unlisted Trading Privileges and the Consolidated Tape Association plans
for the Shares and any underlying exchange-traded products. Intra-day
price information will be available through subscription services, such
as Bloomberg, Markit and Thomson Reuters, which can be accessed by
Authorized Participants and other investors.
    The Fund's Web site will include a form of the prospectus for the
Fund and additional data relating to NAV and other applicable
quantitative information. Trading in Shares of the Fund will be halted
under the conditions specified in Nasdaq Rules 4120 and 4121 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 Nasdaq Rule 5735(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 Intraday Indicative Value, 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, FINRA, on behalf of the
Exchange, will communicate as needed regarding trading in the Shares
and other exchange-traded securities and instruments held by the Fund
with other markets and other entities that are members of the ISG and
FINRA may obtain trading information regarding trading in the Shares
and other exchange-traded securities and instruments held by the Fund
from such markets and other entities. Furthermore, as noted above,
investors will have ready access to information regarding the Fund's
holdings, the Intraday Indicative Value, the Disclosed Portfolio, and
quotation and last sale information for the Shares.
    For the above reasons, Nasdaq believes the proposed rule change is
consistent with the requirements of Section 6(b)(5) of the Act.

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 purposes of the Act. The Exchange believes that
the proposed rule change will facilitate the listing and trading of an
additional type of actively-managed exchange-traded fund 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

    Written comments were neither solicited nor received.

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 Exchange consents, the Commission shall: (a) By order approve
or disapprove such 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-NASDAQ-2013-155 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-NASDAQ-2013-155. 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-NASDAQ-2013-155, and should
be submitted on or before January 23, 2014.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\23\
---------------------------------------------------------------------------

    \23\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Lynn M. Powalski,
Deputy Secretary.
[FR Doc. 2013-31367 Filed 12-31-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 87, Number 188 (Thursday, September 29, 2022)]
[Notices]
[Pages 59160-59161]
[FR Doc No: 2022-21166]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Docket No. 2022-1202]

Agency Information Collection Activities: Requests for Comments;
Clearance of a Renewed Approval of Information Collection: Reduction of
Fuel Tank Flammability on Transport Category Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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SUMMARY: In accordance with the Paperwork Reduction Act of 1995, FAA
invites public comments about our intention to request the Office of
Management and Budget (OMB) approval to renew a previously approved
information collection. The FAA's Fuel Tank Flammability Safety rule
requires manufacturers to report to the FAA every 6 months on the
reliability of the fuel tank flammability reduction systems of their
fleet. The data is needed to assure system performance meets that
predicted at the time of certification. This collection of information
supports the Department of Transportation's strategic goal of safety.

DATES: Written comments should be submitted by November 28, 2022.

ADDRESSES: Please send written comments:
    By Electronic Docket: https://www.regulations.gov (Enter docket
number into search field).
    By mail: Monica Caldwell, FAA National Headquarters, 800
Independence Ave. SW, Washington, DC 20591-0001.
    By fax:<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Philip Dang by email at:
[email protected]; phone:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:
    Public Comments Invited: You are asked to comment on any aspect of
this information collection, including (a) Whether the proposed
collection of information is necessary for FAA's performance; (b) the
accuracy of the estimated burden; (c) ways for FAA to enhance the
quality, utility and clarity of the information collection; and (d)
ways that the burden could be minimized without reducing the quality of
the collected information. The agency will summarize and/or include
your comments in the request for OMB's clearance of this information
collection.
    OMB Control Number: 2120-0710.
    Title: Reduction of Fuel Tank Flammability on Transport Category
Airplanes.
    Form Numbers: There are no FAA forms associated with this
collection.
    Type of Review: Renewal of an information collection.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on September 19, 2019 (84 FR 49174). There were no
comments. Design approval holders use flammability analysis
documentation to demonstrate to their FAA Oversight Office that they
are compliant with the Fuel Tank Flammability Safety rule (73 FR
42443). Semi-annual reports submitted by design approval holders
provide listings of component failures discovered during scheduled or
unscheduled maintenance so that the reliability of the flammability
reduction means can be verified by the FAA.
    Respondents: Approximately nine design approval holders.
    Frequency: Every three years.
    Estimated Average Burden per Response: Minutes/Hours 100 hours.
    Estimated Total Annual Burden: 1,800 hours.

    Issued in Kansas City, Missouri on September 26, 2022.
Patrick R. Mullen,
Technical Innovation Policy Branch Manager, Policy and Innovation,
Aircraft Certification Service.
[FR Doc. 2022-21166 Filed 9-28-22; 8:45 am]
BILLING CODE 4910-13-P