[Federal Register: December 28, 2007 (Volume 72, Number 248)]
[Rules and Regulations]
[Page 73659-73661]
[DOCID:fr28de07-20]

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DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Part 225

[FRA-2007-0018]

Adjustment of Monetary Threshold for Reporting Rail Equipment
Accidents/Incidents for Calendar Year 2008

AGENCY: Federal Railroad Administration (FRA), Department of
Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This rule increases the rail equipment accident/incident
reporting threshold from $8,200 to $8,500 for certain railroad
accidents/incidents involving property damage that occur during
calendar year 2008. This action is needed to ensure that FRA's
reporting requirements reflect cost increases that have occurred since
the reporting threshold was last computed for calendar year 2007.

DATES: Effective Date: This regulation is effective January 1, 2008.

FOR FURTHER INFORMATION CONTACT: Arnel B. Rivera, Staff Director,
Office of Safety Analysis, RRS-22, Mail Stop 17, FRA, 1200 New Jersey
Avenue, SE., West Building 3rd Floor, Washington, DC 20590 (telephone
202-493-1331); or Sandra S. Ries, Trial Attorney, Office of Chief
Counsel, RCC-10, Mail Stop 10, FRA, 1200 New Jersey Avenue, SE., West
Building 3rd Floor, Washington, DC 20590 (telephone<PHONE_NUMBER>).

SUPPLEMENTARY INFORMATION:

Background

    A ``rail equipment accident/incident'' is a collision, derailment,
fire, explosion, act of God, or other event involving the operation of
railroad on-track equipment (standing or moving) that results in
damages to railroad on-track equipment, signals, tracks, track
structures, or roadbed, including labor costs and the costs for
acquiring new equipment and material, greater than the reporting
threshold for the year in which the event occurs. 49 CFR 225.19(c).
Each rail equipment accident/incident must be reported to FRA using the
Rail Equipment Accident/Incident Report (Form FRA F 6180.54). 49 CFR
225.19(b) and (c). Paragraphs (c) and (e) of 49 CFR 225.19 provide that
the dollar figure that constitutes the reporting threshold for rail
equipment accidents/incidents will be adjusted, if necessary, every
year in accordance with the procedures outlined in appendix B to part
225 to reflect any cost increases or decreases. 61 FR 30940 (June 18,
1996); 61 FR 60632 (November 29, 1996); 61 FR 67477 (December 23,
1996); 62 FR 63675 (December 2, 1997); 63 FR 71790 (December. 30,
1998); 64 FR 69193 (December 10, 1999); 65 FR 69884 (November 21,
2000); 66 FR 66346 (December 26, 2001); 67 FR 79533 (December 30,
2002); 70 FR 75414 (December 20, 2005); 72 FR 1184 (January 10, 2007).

New Reporting Threshold

    Approximately one year has passed since the rail equipment
accident/incident reporting threshold was revised. 72 FR 1184 (January
10, 2007). Consequently, FRA has recalculated the threshold, as
required by Sec.  225.19(c), based on increased costs for labor and
increased costs for equipment. FRA has determined that the current
reporting threshold of $8,200, which applies to rail equipment
accidents/incidents that occur during calendar year 2007, should
increase by $300 to $8,500 for

equipment accidents/incidents occurring during calendar year 2008,
effective January 1, 2008. The specific inputs to the equation set
forth in appendix B (i.e., Tnew = Tprior * [1 + 0.4(Wnew-Wprior)/Wprior
+ 0.6(Enew-Eprior)/100]) to part 225 are:

----------------------------------------------------------------------------------------------------------------
                   Tprior                           Wnew            Wprior            Enew            Eprior
----------------------------------------------------------------------------------------------------------------
$8,200......................................       $21.50323        $21.45800        175.56667            169.7
----------------------------------------------------------------------------------------------------------------

Where: Tnew = New threshold; Tprior = Prior threshold (with
reference to the threshold, ``prior'' refers to the previous
threshold rounded to the nearest $100, as reported in the Federal
Register); Wnew = New average hourly wage rate, in dollars; Wprior =
Prior average hourly wage rate, in dollars; Enew = New equipment
average PPI value; Eprior = Prior equipment average PPI value. Using
the above figures, the calculated new threshold, (Tnew) is
$8,495.55, which is rounded to the nearest $100 for a final new
reporting threshold of $8,500.

Notice and Comment Procedures

    In this rule, FRA has recalculated the monetary reporting threshold
based on the formula discussed in detail and adopted, after notice and
comment, in the final rule published December 20, 2005, 70 FR 75414.
FRA has found that both the current cost data inserted into this pre-
existing formula and the original cost data that they replace were
obtained from reliable Federal government sources. FRA has found that
this rule imposes no additional burden on any person, but rather
provides a benefit by permitting the valid comparison of accident data
over time. Accordingly, finding that notice and comment procedures are
either impracticable, unnecessary, or contrary to the public interest,
FRA is proceeding directly to the final rule.

Regulatory Impact

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This rule has been evaluated in accordance with existing policies
and procedures, and determined to be non-significant under both
Executive Order 12866 and DOT policies and procedures (44 FR 11034
(Feb. 26, 1979)).

Regulatory Flexibility Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612) requires
a review of proposed and final rules to assess their impact on small
entities, unless the Secretary certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Pursuant to Section 312 of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), FRA has issued a final policy
that formally establishes ``small entities'' as including railroads
that meet the line-haulage revenue requirements of a Class III
railroad. 49 CFR part 209, app. C. For other entities, the same dollar
limit in revenues governs whether a railroad, contractor, or other
respondent is a small entity. Id.
    About 680 of the approximately 718 railroads in the United States
are considered small entities by FRA. FRA certifies that this final
rule will have no significant economic impact on a substantial number
of small entities. To the extent that this rule has any impact on small
entities, the impact will be neutral or insignificant. The frequency of
rail equipment accidents/incidents, and therefore also the frequency of
required reporting, is generally proportional to the size of the
railroad. A railroad that employs thousands of employees and operates
trains millions of miles is exposed to greater risks than one whose
operation is substantially smaller. Small railroads may go for months
at a time without having a reportable occurrence of any type, and even
longer without having a rail equipment accident/incident. For example,
current FRA data indicate that 3,379 rail equipment accidents/incidents
were reported in 2004, with small railroads reporting 307 of them. In
2005, 3,252 rail equipment accidents/incidents were reported, and small
railroads reported 321 of them. Data for 2006 show that 2,935 rail
equipment accidents/incidents were reported, with small railroads
reporting 345 of them. On average for those three calendar years, small
railroads reported about 10% (ranging approximately from 9% to 12%) of
the total number of rail equipment accidents/incidents. FRA notes that
these data are accurate as of the date of issuance of this final rule,
and are subject to minor changes due to additional reporting. Absent
this rulemaking (i.e., any increase in the monetary reporting
threshold), the number of reportable accidents/incidents would
increase, as keeping the 2007 threshold in place would not allow it to
keep pace with the increasing dollar amounts of wages and rail
equipment repair costs. Therefore, this rule will be neutral in effect.
Increasing the reporting threshold will slightly decrease the
recordkeeping burden for railroads over time. Any recordkeeping burden
will not be significant and will affect the large railroads more than
the small entities, due to the higher proportion of reportable rail
equipment accidents/incidents experienced by large entities.

Paperwork Reduction Act

    There are no new information collection requirements associated
with this final rule. Therefore, no estimate of a public reporting
burden is required.

Federalism Implications

    FRA has analyzed this rule in accordance with Executive Order
13132, which requires an agency to determine whether a rule will have a
substantial direct effect on 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. FRA has
determined that the rule will not have sufficient federalism
implications to warrant consultation with State and local officials or
the preparation of a federalism assessment. Accordingly, a federalism
assessment has not been prepared.

Environmental Impact

    FRA has evaluated this regulation in accordance with its
``Procedures for Considering Environmental Impacts'' (FRA's Procedures)
(64 FR 28545, May 26, 1999) as required by the National Environmental
Policy Act (42 U.S.C. 4321 et seq.), other environmental statutes,
Executive Orders, and related regulatory requirements. FRA has
determined that this regulation is not a major FRA action (requiring
the preparation of an environmental impact statement or environmental
assessment) because it is categorically excluded from detailed
environmental review pursuant to section 4(c)(20) of FRA's Procedures.
64 FR 28545, 28547, May 26, 1999. In accordance with sections 4(c) and
(e) of FRA's Procedures, the agency has further concluded that no
extraordinary circumstances exist with respect to this regulation that
might trigger the need for a more detailed environmental review. As a
result, FRA finds that this regulation is not a major Federal action
significantly affecting the quality of the human environment.

Unfunded Mandates Reform Act of 1995

    Pursuant to Section 201 of the Unfunded Mandates Reform Act of 1995
(Pub. L. 104-4, 2 U.S.C. 1531), each Federal agency ``shall, unless
otherwise prohibited by law, assess the effects of Federal regulatory
actions on State, local, and tribal governments, and the private sector
(other than to the extent that such regulations incorporate
requirements specifically set forth in law).'' Section 202 of the Act
(2 U.S.C. 1532) further requires that ``before promulgating any general
notice of proposed rulemaking that is likely to result in the
promulgation of any rule that includes any Federal mandate that may
result in expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of [$132,300,000 or more (as
adjusted for inflation)] in any one year, and before promulgating any
final rule for which a general notice of proposed rulemaking was
published, the agency shall prepare a written statement'' detailing the
effect on State, local, and tribal governments and the private sector.
The final rule will not result in the expenditure, in the aggregate, of
$132,300,000 or more in any one year, and thus preparation of such a
statement is not required.

Energy Impact

    Executive Order 13211 requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action.'' 66
FR 28355 (May 22, 2001). Under the Executive Order, a ``significant
energy action'' is defined as any action by an agency (normally
published in the Federal Register) that promulgates or is expected to
lead to the promulgation of a final rule or regulation, including
notices of inquiry, advance notices of proposed rulemaking, and notices
of proposed rulemaking: That (1)(i) is a significant regulatory action
under Executive Order 12866 or any successor order, and (ii) is likely
to have a significant adverse effect on the supply, distribution, or
use of energy; or (2) that is designated by the Administrator of the
Office of Information and Regulatory Affairs as a significant energy
action. FRA has evaluated this final rule in accordance with Executive
Order 13211. FRA has determined that this final rule is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. Consequently, FRA has determined that this regulatory action
is not a ``significant energy action'' within the meaning of Executive
Order 13211.

Privacy Act

    Anyone is able to search the electronic form of all our comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act Statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
http://www.regulations.gov.

List of Subjects in 49 CFR Part 225

    Investigations, Penalties, Railroad safety, Reporting and
recordkeeping requirements.

The Rule

0
In consideration of the foregoing, FRA amends part 225 of chapter II,
subtitle B of title 49, Code of Federal Regulations, as follows:

PART 225--[AMENDED]

0
1. The authority citation for part 225 continues to read as follows:

    Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301,
21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.49.

0
2. Amend Sec.  225.19 by revising the first sentence of paragraph (c)
and revising paragraph (e) to read as follows:

Sec.  225.19  Primary groups of accidents/incidents.

* * * * *
    (c) Group II--Rail equipment. Rail equipment accidents/incidents
are collisions, derailments, fires, explosions, acts of God, and other
events involving the operation of on-track equipment (standing or
moving) that result in damages higher than the current reporting
threshold (i.e., $6,700 for calendar years 2002 through 2005, $7,700
for calendar year 2006, $8,200 for calendar year 2007, and $8,500 for
calendar year 2008) to railroad on-track equipment, signals, tracks,
track structures, or roadbed, including labor costs and the costs for
acquiring new equipment and material. * * *
* * * * *
    (e) The reporting threshold is $6,700 for calendar years 2002
through 2005, $7,700 for calendar year 2006, $8,200 for calendar year
2007 and $8,500 for calendar year 2008. The procedure for determining
the reporting threshold for calendar years 2006 and beyond appears as
paragraphs 1-8 of appendix B to part 225.
* * * * *

    Issued in Washington, DC, on December 19, 2007.
Joseph H. Boardman,
Administrator.
 [FR Doc. E7-24999 Filed 12-27-07; 8:45 am]

BILLING CODE 4910-06-P


[Federal Register: October 10, 2007 (Volume 72, Number 195)]
[Notices]
[Page 57616]
[DOCID:fr10oc07-125]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-56597; File No. SR-Amex-2007-90]

Self-Regulatory Organizations; American Stock Exchange LLC; Order
Approving a Proposed Rule Change, as Modified by Amendment No. 1, To
Establish a Fee on a Listed Company That Changes Its Corporate Name or
Ticker Symbol

October 2, 2007.
    On August 16, 2007, the American Stock Exchange LLC (``Amex'' or
``Exchange'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a
proposed rule change to amend Section 142 of the Amex Company Guide in
order to impose a fee on a listed company that changes its name or
ticker symbol. The Exchange filed Amendment No. 1 to the proposed rule
change on August 27, 2007. The proposed rule change, as amended, was
published for comment in the Federal Register on August 31, 2007.\3\
The Commission received no comment letters on the proposal. This order
approves the proposed rule change as modified by Amendment No. 1.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 56325 (August 27,
2007), 72 FR 50421.
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    Currently, Amex does not impose a fee on a listed company that
changes its corporate name or ticker symbol. Amex represents, however,
that significant staff resources are needed to effectuate such a change
when one occurs. This process includes, among other things, contacting
the issuer's outside counsel, updating internal Amex files, tracking
the name change through the issuer's shareholder approval process,
updating daily list records, and notifying the floor.
    In light of the staff resources required to effectuate these
changes, the Exchange proposes a $2,000 fee for a name and/or ticker
symbol change.\4\ Amex notes that Nasdaq currently charges $2,500 for
the same type of change.\5\
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    \4\ Amex has represented that the proposed fee would not apply
to changes to par value, title, or security designation, as these
types of changes occur infrequently, and in virtually all cases
constitute a substitution listing which is already subject to a fee
of at least $5,000.
    \5\ See Nasdaq Rules 4510 and 4520.
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    The Commission has reviewed carefully the Amex's proposed rule
change and finds that the proposal is consistent with the requirements
of the Act and the rules and regulations thereunder applicable to a
national securities exchange.\6\ In particular, the Commission finds
that the proposal is consistent with Sections 6(b)(4) of the Act,\7\
which requires, among other things, that the rules of the Exchange
provide for the equitable allocation of reasonable dues, fees, and
other charges among members and issuers and other persons using the
Exchange's facilities. The Commission also finds that the proposal is
consistent with Section 6(b)(5) of the Act,\8\ which requires, inter
alia, that the rules of the Exchange be designed to remove impediments
to and perfect the mechanism of a free and open market and a national
market system, and not designed to permit unfair discrimination between
issuers. No comments were received on the proposed fee, which is
substantially similar to a fee imposed by another self-regulatory
organization that has been approved by the Commission.\9\
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    \6\ In approving this proposal, the Commission has considered
the proposed rule's impact on efficiency, competition, and capital
formation. See 15 U.S.C. 78c(f).
    \7\ 15 U.S.C. 78f(b)(4).
    \8 \ 15 U.S.C. 78f(b)(5).
    \9\ See Securities Exchange Act Release No. 48631 (October 15,
2003), 68 FR 60426 (October 22, 2003) (SR-NASD-2003-127) (approving
amendments to Nasdaq Rules 4510 and 4520 to institute a $2,500
record-keeping fee for certain changes made by issuers, including a
change of name or voluntary change in trading symbol).
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    It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\10\ that the proposed rule change (SR-Amex-2007-90), as modified
by Amendment No. 1, be, and hereby is, approved.
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    \10\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Market Regulation,
pursuant to delegated authority.\11\
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    \11\ 17 CFR 200.30-3(a)(12).
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Nancy M. Morris,
Secretary.
 [FR Doc. E7-19907 Filed 10-9-07; 8:45 am]

BILLING CODE 8011-01-P


[Federal Register Volume 79, Number 148 (Friday, August 1, 2014)]
[Notices]
[Pages 44901-44905]
[FR Doc No: 2014-18121]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-72686; File No. SR-NYSEArca-2013-127]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of Amendments No. 2 and No. 3, and Order Granting Accelerated Approval
of a Proposed Rule Change, as Modified by Amendment No. 1, No. 2, and
No. 3, To List and Trade Shares of Nine Series of the IndexIQ Active
ETF Trust Under NYSE Arca Equities Rule 8.600

July 28, 2014.

I. Introduction

    On November 18, 2013, NYSE Arca, Inc. (``Exchange'' or ``NYSE
Arca'') filed with the Securities and Exchange Commission
(``Commission''), pursuant to Section 19(b)(1) of the Securities
Exchange Act of 1934 (``Act'' or ``Exchange Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to list and trade shares
(``Shares'') of the IQ Long/Short Alpha ETF, IQ Bear U.S. Large Cap
ETF, IQ Bear U.S. Small Cap ETF, IQ Bear International ETF, IQ Bear
Emerging Markets ETF, IQ Bull U.S. Large Cap ETF, IQ Bull U.S. Small
Cap ETF, IQ Bull International ETF and IQ Bull Emerging Markets ETF
(each a ``Fund'' and, collectively, the ``Funds'') under NYSE Arca
Equities Rule 8.600. On November 26, 2013, the Exchange filed Amendment
No. 1 to the proposed rule change.\3\ The proposed rule change was
published for comment in the Federal Register on December 4, 2013.\4\
On January 15, 2014, the Commission extended the time period for
Commission action to March 4, 2014.\5\ On March 4, 2014, the Commission
published for comment an order instituting proceedings under Section
19(b)(2)(B) of the Act (``Order Instituting Proceedings'') to determine
whether to approve or disapprove the proposed rule change, as modified
by Amendment No. 1.\6\ On April 11, 2014, the Exchange submitted
Amendment No. 2 to the proposed rule change.\7\ On May 28, 2014, the
Commission extended the time period for Commission action to August 1,
2014.\8\ The Commission received no comments on the proposed rule
change. On July 25, 2014, the Exchange filed Amendment No. 3.\9\ This
order approves the proposed rule change, as modified by Amendment Nos.
1, 2, and 3, on an accelerated basis.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ In Amendment No. 1, the Exchange clarified: (1) How certain
holdings will be valued for purposes of calculating a fund's net
asset value, and (2) where investors will be able to obtain pricing
information for certain underlying holdings.
    \4\ See Securities Exchange Act Release No. 70954 (November 27,
2013), 78 FR 72955 (``Notice'').
    \5\ See Securities Exchange Act Release No. 71309 (January 15,
2014), 79 FR 03657 (January 22, 2014).
    \6\ See Securities Exchange Act Release No. 71645 (March 4,
2014), 79 FR 13349 (March 10, 2014) (``Order Instituting
Proceedings'').
    \7\ In Amendment No. 2, the Exchange supplemented the
information that would be provided daily regarding the contents of
each Fund's portfolio. Specifically, the Exchange states: ``On a
daily basis, the Funds will disclose on www.indexiq.com the
following information regarding each portfolio holding, as
applicable to the type of holding: Ticker symbol, CUSIP number or
other identifier, if any; a description of the holding (including
the type of holding, such as the type of swap); the identity of the
security, commodity, index or other asset or instrument underlying
the holding, if any; for options, the option strike price; quantity
held (as measured by, for example, par value, notional value or
number of shares, contracts or units); maturity date, if any; coupon
rate, if any; effective date, if any; market value of the holding;
and the percentage weighting of the holding in the applicable Fund's
portfolio.''
    \8\ See Securities Exchange Act Release No. 72265 (May 28,
2014), 79 FR 32008 (June 3, 2014).
    \9\ In Amendment No. 3, the Exchange addressed the impact of the
derivatives held by the Funds on the Funds' arbitrage mechanisms,
stating: ``The Adviser believes that there will be minimal, if any,
impact to the arbitrage mechanism as a result of the use of
derivatives. Market makers and participants should be able to value
derivatives as long as the positions are disclosed with relevant
information. The Adviser believes that the price at which Shares
trade will continue to be disciplined by arbitrage opportunities
created by the ability to purchase or redeem creation Shares at
their NAV, which should ensure that Shares will not trade at a
material discount or premium in relation to their NAV.
    The Adviser does not believe there will be any significant
impacts to the settlement or operational aspects of each Fund's
arbitrage mechanism due to the use of derivatives. Because
derivatives generally are not eligible for in-kind transfer, they
will typically be substituted with a ``cash in lieu'' amount when
each Fund processes purchases or redemptions of creation units in-
kind.''
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II. Description of the Proposal \10\
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    \10\ Additional information regarding the Funds; Shares;
investment objective; strategies, methodology and restrictions;
risks; fees and expenses; creations and redemptions of Shares;
availability of information; trading rules and halts; and
surveillance procedures, among other things, can be found in the
Registration Statement and in the Notice. See Notice, supra note 4,
and Registration Statement, infra note 12, respectively.
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    The Exchange proposes to list and trade the Shares under NYSE Arca
Equities Rule 8.600 (``Managed Fund Shares''), which governs the
listing and trading of Managed Fund Shares.\11\ Each Fund is a series
of the IndexIQ Active ETF Trust (``Trust'').\12\ IndexIQ Advisors LLC
(``Adviser'') is the investment adviser for the Funds, and the Exchange
states that the Adviser is not a broker-dealer and is not affiliated
with a broker-dealer.\13\ The Bank of New York Mellon
(``Administrator'') is the administrator, custodian, transfer agent,
and securities lending agent for the Funds. ALPS Distributors Inc.
(``Distributor'') is the distributor for the Funds.
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    \11\ 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), as amended (``1940 Act''),
organized as an open-end investment company or similar entity that
invests in a portfolio of securities selected by its investment
adviser consistent with its investment objectives and policies. In
contrast, an open-end investment company that issues Investment
Company Units, listed and traded on the Exchange under NYSE Arca
Equities Rule 5.2(j)(3), seeks to provide investment results that
correspond generally to the price and yield performance of a
specific foreign or domestic stock index, fixed income securities
index, or combination thereof.
    \12\ The Trust is registered under the 1940 Act. On September
12, 2013, the Trust filed with the Commission an amendment to its
registration statement on Form N-1A relating to the Funds (File Nos.
333-183489 and 811-22739) (the ``Registration Statement''). The
description of the operation of the Trust and the Funds herein is
based, in part, on the Registration Statement. In addition, the
Commission has issued an order granting certain exemptive relief to
the Trusts under the 1940 Act. See Investment Company Act Release
No. 30198 (September 10, 2012) (File No. 812-13956) (the ``Exemptive
Order'').
    \13\ See Notice, supra note 4, 78 FR at 72956. The Exchange also
states that, in the event that the Adviser becomes newly affiliated
with a broker-dealer or any new adviser or subadviser is a
registered broker-dealer or becomes affiliated with a broker-dealer,
a firewall will be erected with respect to relevant personnel or its
broker-dealer affiliate regarding access to information concerning
the composition of or changes to a portfolio, and will be subject to
procedures designed to prevent the use and dissemination of material
non-public information regarding the portfolio. See id.
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A. Principal Investments of the Funds Under Normal Circumstances \14\
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    \14\ The Exchange states that the term ``under normal
circumstances'' includes, but is not limited to, the absence of
adverse market, economic, political, or other conditions, including
extreme volatility or trading halts in the fixed income markets or
the financial markets generally; operational issues causing
dissemination of inaccurate market information; or force majeure
type events such as systems failure, natural or man-made disaster,
act of God, armed conflict, act of terrorism, riot or labor
disruption, or any similar intervening circumstance.
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1. IQ Long/Short Alpha ETF
    According to the Exchange, the investment objective of the IQ Long/
Short Alpha ETF is to seek capital appreciation. The Exchange states
that

at least 80% of the Fund's assets will be exposed to equity securities
of U.S. large capitalization companies \15\ by investing in exchange-
traded funds (``ETFs'') \16\ or swap agreements, options contracts, and
futures contracts with economic characteristics similar to those of the
ETFs for which they are substituted (such swap agreements, options
contracts, and futures contracts, collectively, ``Financial
Instruments'').\17\ The Exchange also states that the Fund will take
long and short positions in U.S.-listed ETFs registered pursuant to the
Investment Company Act of 1940 (``1940 Act'') holding primarily U.S.
large capitalization equity securities. Cash balances arising from the
use of short selling and derivatives typically will be held in money
market instruments, according to the Exchange.\18\
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    \15\ According to the Registration Statement, the Adviser
considers ``large capitalization companies'' to be those having
market capitalizations of at least $5 billion.
    \16\ For purposes of this filing, ETFs include Investment
Company Units (as described in NYSE Arca Equities Rule 5.2(j)(3));
Portfolio Depositary Receipts (as described in NYSE Arca Equities
Rule 8.100); and Managed Fund Shares (as described in NYSE Arca
Equities Rule 8.600). The ETFs will all be listed and traded in the
U.S. on registered exchanges. The ETFs in which the Funds may invest
will primarily be index-based exchange-traded funds that hold
substantially all of their assets in securities representing a
specific index. While the Funds may invest in inverse ETFs, the
Funds will not invest in leveraged (e.g., 2X, -2X, 3X or -3X) ETFs.
    \17\ The Exchange represents that all options contracts and
futures contracts will be listed on a U.S. national securities
exchange or a non-U.S. securities exchange that is a member of the
Intermarket Surveillance Group (``ISG'') or a party to a
comprehensive surveillance sharing agreement with the Exchange.
    \18\ According to the Registration Statement, money market
instruments are generally short-term cash instruments that have a
remaining maturity of 397 days or less and exhibit high quality
credit profiles. These include U.S. Treasury Bills and repurchase
agreements.
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2. IQ Bear U.S. Large Cap ETF
    According to the Exchange, the investment objective of the IQ Bear
U.S. Large Cap ETF is to seek capital appreciation. The Exchange states
that at least 80% of the Fund's assets will be exposed to equity
securities of U.S. large capitalization issuers, by taking short
positions in ETFs or Financial Instruments. The Exchange also states
that the Fund will take primarily short positions in U.S.-listed ETFs
registered pursuant to the 1940 Act holding primarily U.S. large
capitalization equity securities. Cash balances arising from the use of
short selling and derivatives typically will be held in money market
instruments, according to the Exchange.
3. IQ Bear U.S. Small Cap ETF
    According to the Exchange, the investment objective of the IQ Bear
U.S. Small Cap ETF is to seek capital appreciation. The Exchange states
that at least 80% of the Fund's assets will be exposed to equity
securities of U.S. small capitalization companies \19\ by taking short
positions in ETFs or Financial Instruments. Additionally, the Exchange
states that the Fund will take primarily short positions in U.S.-listed
ETFs registered pursuant to the 1940 Act holding primarily U.S. small
capitalization equity securities. Cash balances arising from the use of
short selling and derivatives typically will be held in money market
instruments, according to the Exchange.
---------------------------------------------------------------------------

    \19\ According to the Registration Statement, the Adviser will
consider ``small capitalization companies'' to be those that having
market capitalizations of between $300 million and $2 billion.
---------------------------------------------------------------------------

4. IQ Bear International ETF
    According to the Exchange, the investment objective of the IQ Bear
International ETF is to seek capital appreciation. The Exchange states
that at least 80% of the Fund's assets will be exposed to equity
securities of issuers domiciled in developed market countries \20\ by
taking short positions in ETFs or Financial Instruments. Additionally,
the Exchange states that the Fund will take primarily short positions
in U.S.-listed ETFs registered pursuant to the 1940 Act holding
primarily developed market equity securities. Cash balances arising
from the use of short selling and derivatives typically will be held in
money market instruments, according to the Exchange.
---------------------------------------------------------------------------

    \20\ According to the Registration Statement, developed market
countries will generally include Australia, Austria, Belgium,
Denmark, Finland, France, Germany, Greece, Hong Kong, Ireland,
Israel, Italy, Japan, the Netherlands, New Zealand, Norway,
Portugal, Singapore, Spain, Sweden, Switzerland, and the United
Kingdom. To the extent that the Adviser believes that countries
should be added or subtracted to the developed markets category, the
Adviser may adjust the list of countries accordingly.
---------------------------------------------------------------------------

5. IQ Bear Emerging Markets ETF
    According to the Exchange, the investment objective of the IQ Bear
Emerging Markets ETF is to seek capital appreciation. The Exchange
states that at least 80% of the Fund's assets will be exposed to equity
securities of issuers domiciled in emerging market countries,\21\ by
taking short positions in ETFs or Financial Instruments. Cash balances
arising from the use of short selling and derivatives typically will be
held in money market instruments, according to the Exchange.
---------------------------------------------------------------------------

    \21\ According to the Registration Statement, emerging market
countries will generally include Brazil, Chile, China, Colombia, the
Czech Republic, Egypt, Hungary, India, Indonesia, Malaysia, Mexico,
Morocco, Peru, the Philippines, Poland, Russia, South Africa, South
Korea, Taiwan, Thailand, and Turkey. To the extent that the Adviser
believes that countries should be added or subtracted to the
emerging markets category, it may adjust the list of countries
accordingly.
---------------------------------------------------------------------------

6. IQ Bull U.S. Large Cap ETF
    According to the Exchange, the investment objective of the IQ Bull
U.S. Large Cap ETF is to seek capital appreciation. The Exchange states
that at least 80% of the Fund's assets will be exposed to equity
securities of U.S. large capitalization issuers \22\ by investing in
ETFs or Financial Instruments. Cash balances arising from the use of
short selling and derivatives typically will be held in money market
instruments, according to the Exchange.
---------------------------------------------------------------------------

    \22\ See note 15, supra.
---------------------------------------------------------------------------

7. IQ Bull U.S. Small Cap ETF
    According to the Exchange, the investment objective of the IQ Bull
U.S. Small Cap ETF is to seek capital appreciation. The Exchange states
that at least 80% of the Fund's assets will be exposed to equity
securities of U.S. small capitalization issuers \23\ by investing in
ETFs or Financial Instruments. Cash balances arising from the use of
short selling and derivatives typically will be held in money market
instruments, according to the Exchange.
---------------------------------------------------------------------------

    \23\ See note 19, supra.
---------------------------------------------------------------------------

8. IQ Bull International ETF
    According to the Exchange, the investment objective of the IQ Bull
International ETF is to seek capital appreciation. The Exchange states
that at least 80% of the Fund's assets will be exposed to equity
securities of issuers domiciled in developed market countries \24\ by
investing in ETFs or Financial Instruments. Cash balances arising from
the use of short selling and derivatives typically will be held in
money market instruments, according to the Exchange.
---------------------------------------------------------------------------

    \24\ See note 20, supra.
---------------------------------------------------------------------------

9. IQ Bull Emerging Markets ETF
    According to the Exchange, the investment objective of the IQ Bull
Emerging Markets ETF is to seek capital appreciation. The Exchange
states that at least 80% of the Fund's assets will be exposed to equity
securities of issuers domiciled in emerging market countries \25\ by
investing in ETFs or Financial Instruments. Cash balances arising from
the use of short selling and derivatives typically will be held in

money market instruments, according to the Exchange.
---------------------------------------------------------------------------

    \25\ See note 21, supra.
---------------------------------------------------------------------------

B. Other Investments of the Funds (Under Normal Circumstances)

    The Exchange states that each Fund may invest a portion of its
assets in high-quality money market instruments on an ongoing basis.
The instruments in which each Fund may invest include: (1) Short-term
obligations issued by the U.S. government; (2) negotiable certificates
of deposit (``CDs''), fixed time deposits, and bankers' acceptances of
U.S. and foreign banks and similar institutions; (3) commercial paper
rated at the date of purchase ``Prime-1'' by Moody's Investors Service,
Inc. or ``A-1+'' or ``A-1'' by Standard & Poor's Ratings Group, Inc.,
or, if unrated, of comparable quality as determined by the Adviser; (4)
repurchase agreements (only from or to a commercial bank or a broker-
dealer, and only if the repurchase is scheduled to occur within seven
days or less); and (5) money market mutual funds. CDs are short-term
negotiable obligations of commercial banks.
    The Exchange states that each Fund may invest directly in non-ETF
equity securities, including U.S.-listed and non-U.S. listed equity
securities, provided, however, that all equity securities in which the
Funds may invest will be listed on a U.S. national securities exchange
or a non-U.S. securities exchange that is a member of the Intermarket
Surveillance Group (``ISG'') or a party to a comprehensive surveillance
sharing agreement with the Exchange.
    In addition to ETFs, the Funds may invest in U.S.-listed exchange-
traded notes \26\ and other U.S.-listed exchange-traded products,\27\
according to the Exchange.
---------------------------------------------------------------------------

    \26\ Exchange-traded notes are securities such as those listed
and traded on the Exchange under NYSE Arca Equities Rule 5.2(j)(6).
    \27\ For purposes of this filing, other U.S.-listed exchange-
traded products include Trust Issued Receipts (as described in NYSE
Arca Equities Rule 8.200), Commodity-Based Trust Shares (as
described in NYSE Arca Equities Rule 8.201), Currency Trust Shares
(as described in NYSE Arca Equities Rule 8.202), Commodity Index
Trust Shares (as described in NYSE Arca Equities Rule 8.203), and
Trust Units (as described in NYSE Arca Equities Rule 8.500).
---------------------------------------------------------------------------

    The Exchange states that certain Funds may use American depositary
receipts, European depositary receipts, and Global depositary receipts
when, in the discretion of the Adviser, the use of such securities is
warranted for liquidity, pricing, timing, or other reasons. The
Exchange represents that no Fund will invest more than 10% of its net
assets in unsponsored depositary receipts.\28\
---------------------------------------------------------------------------

    \28\ See Notice, supra note 4, 78 FR at 72960.
---------------------------------------------------------------------------

C. Fund Investment Restrictions

    Each Fund will seek to qualify for treatment as a regulated
investment company under Subchapter M of the Internal Revenue Code of
1986, as amended.\29\
---------------------------------------------------------------------------

    \29\ 26 U.S.C. 151.
---------------------------------------------------------------------------

    A Fund may hold up to an aggregate amount of 15% of its net assets
in illiquid assets (calculated at the time of investment), including
Rule 144A Securities.\30\ The Funds will monitor their portfolio
liquidity on an ongoing basis to determine whether, in the light of
current circumstances, an adequate level of liquidity is being
maintained, and the Funds 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 a Fund's net
assets are held in illiquid securities and other illiquid assets.
---------------------------------------------------------------------------

    \30\ 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. 8901 (March 11, 2008), 73 FR
14618 (March 18, 2008), footnote 34. See also Investment Company Act
Release No. 5847 (October 21, 1969), 35 FR 19989 (December 31, 1970)
(Statement Regarding ``Restricted Securities''); Investment Company
Act Release No. 18612 (March 12, 1992), 57 FR 9828 (March 20, 1992)
(Revisions of Guidelines to Form N-1A). A fund's portfolio security
is illiquid if it cannot be disposed of in the ordinary course of
business within seven days at approximately the value ascribed to it
by the ETF. 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).
---------------------------------------------------------------------------

    A Fund will not invest more than 25% of its total assets, directly
or indirectly (i.e., through underlying ETFs), in an individual
industry, as defined by the Standard Industrial Classification Codes
utilized by the Division of Corporate Finance of the Commission.\31\
This limitation does not apply to investments in securities issued or
guaranteed by the U.S. Government or its agencies or instrumentalities
or investments in shares of investment companies.
---------------------------------------------------------------------------

    \31\ 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).
---------------------------------------------------------------------------

    According to the Registration Statement, a Fund may not purchase or
sell commodities or commodity contracts unless those assets have been
acquired as a result of the ownership of securities or other
instruments issued by persons that purchase or sell commodities or
commodities contracts, but this shall not prevent the Fund from
purchasing, selling, or entering into financial futures contracts
(including futures contracts on indices of securities, interest rates,
or currencies), options on financial futures contracts (including
futures contracts on indices of securities, interest rates, or
currencies), warrants, swaps, forward contracts, foreign currency spot
and forward contracts, or other derivative instruments that are not
related to physical commodities.

III. Discussion and Commission Findings

    After careful review, the Commission finds that the Exchange's
proposal to list and trade the Shares is consistent with the Exchange
Act and the rules and regulations thereunder applicable to a national
securities exchange.\32\ In particular, the Commission finds that the
proposed rule change is consistent with Section 6(b)(5) of the Exchange
Act,\33\ which requires, among other things, that the Exchange's rules
be designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Commission notes that the Funds
and the Shares must comply with the requirements of NYSE Arca Equities
Rule 8.600 to be listed and traded on the Exchange.
---------------------------------------------------------------------------

    \32\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. See 15 U.S.C. 78c(f).
    \33\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The Commission finds that the proposal to list and trade the Shares
on the Exchange is consistent with Section 11A(a)(1)(C)(iii) of the
Exchange Act,\34\ which sets forth Congress' finding that it is in the
public interest and appropriate for the protection of investors and the
maintenance of fair and orderly markets to assure the availability to
brokers, dealers, and investors of information with respect to
quotations for and transactions in securities. Quotation and last sale
information for the Shares and the ETF shares underlying the Shares
will be available via the Consolidated Tape Association (``CTA'') high-
speed line. Quotation and last-sale information for options contracts
will be available via the Options Price Reporting Authority.
Information regarding market price and trading volume of the Shares
will be

continually available on a real-time basis throughout the day on
brokers' computer screens and other electronic services. Information
regarding the previous day's closing price and trading volume
information for the Shares will be published daily in the financial
section of newspapers. The Commission also believes that the proposal
to list and trade the Shares is reasonably designed to promote fair
disclosure of information that may be necessary to price the Shares
appropriately and to prevent trading when a reasonable degree of
transparency cannot be assured. On each business day, before
commencement of trading in Shares in the Core Trading Session (9:30
a.m. Eastern Time to 4:00 p.m. Eastern Time) on the Exchange, the Funds
will disclose on their Web site the Disclosed Portfolio that will form
the basis for the Funds' calculation of NAV at the end of the business
day.\35\ The Web site information will be publicly available at no
charge. The NAV of each Fund will be calculated by the Administrator
and determined each business day as of the close of regular trading on
the Exchange (ordinarily 4:00 p.m. Eastern Time). The Exchange will
obtain a representation from the issuer of the Shares that the NAV per
share will be calculated daily and that the NAV and the Disclosed
Portfolio as defined in NYSE Arca Equities Rule 8.600(c)(2) will be
made available to all market participants at the same time.\36\
According to the Exchange, information regarding the equity securities
and other portfolio securities held by each Fund, as well as the
securities that underlie the derivatives held by each Fund, will be
available from the national securities exchange trading such
securities, automated quotation systems, published or other public
sources, or on-line information services.\37\ The Portfolio Indicative
Value of the Funds, as defined in NYSE Arca Equities Rule 8.600(c)(3),
will be widely disseminated by one or more major market data vendors at
least every 15 seconds during the Core Trading Session.\38\ The Web
site for the Funds will include a form of the prospectus for the Funds
and additional data relating to NAV and other applicable quantitative
information.\39\
---------------------------------------------------------------------------

    \34\ 15 U.S.C. 78k-1(a)(1)(C)(iii).
    \35\ Under accounting procedures followed by the Funds, trades
made on the prior business day (``T'') will be booked and reflected
in NAV on the current business day (``T+1''). Accordingly, the Funds
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.
    \36\ See Notice, supra note 4, 78 FR 72963.
    \37\ See id. at 72962.
    \38\ The Exchange states that it understands that several major
market data vendors display or make widely available PIVs taken from
the CTA or other data feeds. See id. at 72962, n.29.
    \39\ See id. at 62964.
---------------------------------------------------------------------------

    The Exchange represents that trading in Shares will be halted if
the circuit breaker parameters in NYSE Arca Equities Rule 7.12 have
been reached.\40\ Trading also may be halted because of market
conditions or for reasons that, in the view of the Exchange, make
trading in the Shares inadvisable,\41\ and trading in the Shares will
be subject to NYSE Arca Equities Rule 8.600(d)(2)(D), which sets forth
circumstances under which trading in the Shares may be halted. The
Exchange states that it has a general policy prohibiting the
distribution of material, non-public information by its employees.
Consistent with NYSE Arca Equities Rule 8.600(d)(2)(B)(ii), the
Adviser, as the Reporting Authority, must implement and maintain, or be
subject to, procedures designed to prevent the use and dissemination of
material, non-public information regarding the actual components of
each Fund's portfolio.\42\ The Exchange states that the Adviser is not
a broker-dealer and is not affiliated with a broker-dealer.\43\ Prior
to the commencement of trading, the Exchange will inform its Equity
Trading Permit Holders in an Information Bulletin of the special
characteristics and risks associated with trading the Shares. The
Financial Industry Regulatory Authority (``FINRA''), on behalf of the
Exchange, will communicate as needed regarding trading in the Shares
with other markets and other entities that are members of the ISG, and
FINRA, on behalf of the Exchange, may obtain trading information
regarding trading in the Shares from such markets and other entities.
In addition, the Exchange may obtain information regarding trading in
the Shares from markets and other entities that are members of ISG or
with which the Exchange has in place a comprehensive surveillance
sharing agreement.\44\
---------------------------------------------------------------------------

    \40\ See id. at 72962.
    \41\ These may include: (1) The extent to which trading is not
occurring in the securities or the financial instruments comprising
the Disclosed Portfolio of a Fund; and (2) whether other unusual
conditions or circumstances detrimental to the maintenance of a fair
and orderly market are present. See id. at 72963.
    \42\ See NYSE Arca Equities Rule 8.600(d)(2)(D).
    \43\ See note 13, supra.
    \44\ For a list of the current members of ISG, see
www.isgportal.org.
---------------------------------------------------------------------------

    As discussed above, at least 80% of each Fund's assets will be
exposed to equity securities of issuers domiciled in the U.S. or in
developed or in emerging market countries, by investing in or taking
short positions in ETFs or Financial Instruments. According to the
Exchange, Financial Instruments are swap agreements, exchange-listed
options contracts, and exchange-listed futures contracts with economic
characteristics similar to those of the ETFs for which they are
substituted. In the Order Instituting Proceedings, the Commission asked
for public comment on (1) whether the Disclosed Portfolio of each Fund
would include enough information to price the Financial Instruments,
which may constitute a high percentage of each Fund's portfolio; and
(2) what impact, if any, holding such a high percentage of Financial
Instruments would have on the Funds' arbitrage mechanism.\45\
---------------------------------------------------------------------------

    \45\ See Order Instituting Proceedings, supra note 6, 78 FR at
13352.
---------------------------------------------------------------------------

    After the Order Instituting Proceedings was published, the Exchange
filed Amendment No. 2, which supplemented the information to be made
public about the Funds' portfolios, providing that the Disclosed
Portfolio for each Fund would include: Ticker symbol, CUSIP number or
other identifier, if any; a description of the holding (including the
type of holding, such as the type of swap); the identity of the
security, commodity, index, or other asset or instrument underlying the
holding, if any; for options, the option strike price; quantity held
(as measured by, for example, par value, notional value, or number of
shares, contracts, or units); maturity date, if any; coupon rate, if
any; effective date, if any; market value of the holding; and the
percentage weighting of the holding in the applicable Fund's portfolio.
The Exchange states that there will be minimal, if any, impact to the
traditional arbitrage mechanism as a result of the use of derivatives
and that market makers and participants should be able to value the
derivatives held by the Funds as long as the positions are disclosed
with relevant information.\46\ The Exchange asserts that the price at
which Shares trade will be disciplined by arbitrage opportunities
created by the ability to purchase or redeem creation Shares at their
NAV, which should ensure that Shares will not trade at a material
discount or premium in relation to their NAV.\47\ In addition, the
Exchange asserts that the use of derivatives will not significant
affect the settlement or operational aspects of the Fund's arbitrage
mechanism.\48\
---------------------------------------------------------------------------

    \46\ See Amendment No. 3, supra note 9.
    \47\ See id.
    \48\ See id.
---------------------------------------------------------------------------

    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of

equity securities. In support of this proposal, the Exchange
represented that:
    (1) The Shares will conform to the initial and continuing listing
criteria under NYSE Arca Equities Rule 8.600.
    (2) Trading in the Shares will be subject to the existing trading
surveillances, administered by FINRA on behalf of the Exchange, which
are designed to detect violations of Exchange rules and applicable
federal securities laws, and these procedures are adequate to properly
monitor Exchange trading of the Shares in all trading sessions and to
detect and help deter violations of Exchange rules and applicable
federal securities laws.
    (3) Except for the unsponsored depository receipts referenced
above,\49\ all equity securities in which the Funds may invest will be
listed on a U.S. national securities exchange or a non-U.S. securities
exchange that is a member of the ISG or a party to a comprehensive
surveillance sharing agreement with the Exchange.
---------------------------------------------------------------------------

    \49\ See text accompanying note 28, supra.
---------------------------------------------------------------------------

    (4) The Exchange has appropriate rules to facilitate transactions
in the Shares during all trading sessions.
    (5) Prior to the commencement of trading, the Exchange will inform
its Equity Trading Permit Holders in an Information Bulletin of the
special characteristics and risks associated with trading the Shares.
Specifically, the Information Bulletin will discuss the following: (a)
The procedures for purchases and redemptions of Shares in creation unit
aggregations (and that Shares are not individually redeemable); (b)
NYSE Arca Equities Rule 9.2(a), which imposes a duty of due diligence
on its Equity Trading Permit Holders to learn the essential facts
relating to every customer prior to trading the Shares; (c) the risks
involved in trading the Shares during the Opening and Late Trading
Sessions when an updated Portfolio Indicative Value will not be
calculated or publicly disseminated; (d) how information regarding the
Portfolio Indicative Value is disseminated; (e) the requirement that
Equity Trading Permit Holders deliver a prospectus to investors
purchasing newly issued Shares prior to or concurrently with the
confirmation of a transaction; and (f) trading information.
    (6) For initial and continued listing, the Funds will be in
compliance with Rule 10A-3 under the Exchange Act,\50\ as provided by
NYSE Arca Equities Rule 5.3.
---------------------------------------------------------------------------

    \50\ 17 CFR 240.10A-3.
---------------------------------------------------------------------------

    (7) Each Fund's investments will be consistent with its respective
investment objective.
    (8) A Fund may hold up to an aggregate amount of 15% of its net
assets in illiquid securities (calculated at the time of investment),
including Rule 144A Securities.
    (9) A minimum of 100,000 Shares will be outstanding at the
commencement of trading on the Exchange.
    This approval order is based on all of the Exchange's
representations, including those set forth above and in the Notice, and
the Exchange's description of the Funds. For the foregoing reasons, the
Commission finds that the proposed rule change is consistent with
Section 6(b)(5) of the Act \51\ and the rules and regulations
thereunder applicable to a national securities exchange.
---------------------------------------------------------------------------

    \51\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

IV. Solicitation of Comments on Amendments No. 2 and No. 3

    Interested persons are invited to submit written data, views, and
arguments concerning whether Amendments No. 2 and No. 3 to the proposed
rule change are consistent with the Act. Comments may be submitted by
any of the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2013-127 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-2013-127. 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
a.m. and 3 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-2013-127 and should
be submitted on or before August 22, 2014.

V. Accelerated Approval of Proposed Rule Change as Modified by
Amendments No. 2 and No. 3

    As discussed above, the Exchange submitted Amendment No. 2 to
supplement the information to be provided in the Disclosed Portfolios
of the Funds. Additionally, the Exchange submitted Amendment No. 3 to
address the impact of the Funds' derivatives on the Funds' arbitrage
mechanisms. The Commission believes that the Funds' additional
disclosures regarding derivative positions in the Disclosed Portfolio
will include information that market participants can use to value
these positions intraday and engage in effective arbitrage as argued by
the Exchange in Amendment No. 3, thus removing impediments to a free
and open market and protecting investors and the public interest.
Accordingly, the Commission finds good cause, pursuant to Section
19(b)(2) of the Act,\52\ to approve the proposed rule change, as
modified by Amendments No. 1, No. 2, and No. 3, prior to the 30th day
after the date of publication in the Federal Register of notice of
Amendments No. 2 and No. 3 of the filing.
---------------------------------------------------------------------------

    \52\ 15 U.S.C. 78s(b)(2).
---------------------------------------------------------------------------

VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the
Exchange Act,\53\ that the proposed rule change (SR-NYSEArca-2013-127),
as modified by Amendments No. 1, No. 2, and No. 3, is hereby approved
on an accelerated basis.
---------------------------------------------------------------------------

    \53\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\54\
---------------------------------------------------------------------------

    \54\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2014-18121 Filed 7-31-14; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: August 26, 2009 (Volume 74, Number 164)]
[Notices]
[Page 43176-43178]
[DOCID:fr26au09-122]

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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60520; File No. SR-NYSEAmex-2009-45]

Self-Regulatory Organizations; NYSE Amex LLC; Notice of Filing of
a Proposed Rule Change Amending Rule 476A--Imposition of Fines for
Minor Violations of Rules

August 18, 2009.
    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 July 29, 2009, NYSE Amex LLC (``NYSE Amex'' or the ``Exchange'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by the Exchange. The Commission is publishing
this notice to solicit comments on the proposed rule change from
interested persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes to amend Rule 476A--Imposition of Fines for
Minor Violations of Rules. The text of the proposed rule change is
attached as Exhibit 5 to the 19b-4 form. A copy of this filing is
available on the Exchange's Web site at http://www.nyse.com, at the
Exchange'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, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.

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

1. Purpose
    The NYSE Amex Minor Rule Plan (``MRP'') fosters compliance with
applicable rules and also helps to reduce the number and extent of rule
violations committed by Amex Options Trading Permit (``ATP'') Holders
and associated persons. The prompt imposition of a financial penalty
helps to quickly educate and improve the conduct of ATP Holders and
associated persons that have engaged in inadvertent or otherwise minor
violations of the Exchange's rules. By promptly imposing a meaningful
financial penalty for such violations, the MRP focuses on correcting
conduct before it gives rise to more serious enforcement action.
    The Exchange is now proposing to incorporate additional violations
into the MRP, these violations include (i) trading in restricted
classes, (ii) failure to report position and account information and
(iii) failure to complete mandatory annual training. The Exchange is
also proposing to increase fine levels for certain violations presently
included in the MRP. The increases fine levels will be applicable for
violations of due diligence, priority rules and order exposure rules. A
brief description of each proposed changes is shown below.
Proposed Rules 476A Part 1C(i)(37) and 476A Part 1C(iii)(i)(37)
    NYSE Amex Rules 916 and 916C provide, in part, that the Exchange
may prohibit any opening purchase transactions in a series of options
to the extent it deems such action necessary or appropriate.
Accordingly, ATP Holders effecting opening transactions in restricted
series, inconsistent with the terms of any such restriction, will be
considered to be in violation of Rule 916 or 916C. The Exchange is
proposing to incorporate violations related to trading in restricted
series into the MRP under Rules 476A Part 1C(i)(37).
    The Exchange is proposing to implement a fine of $1,000 for the
first violation in a rolling twenty-four month period. A second
violation within the same period would be allocated a

$2,500 fine and a third violation would be allocated a $5,000 fine. The
schedule of fines will be included under Rules 476A Part
1C(iii)(i)(37). Any subsequent violations within a rolling twenty-four
month period would be subject to formal disciplinary proceedings by the
Exchange. NYSE Amex believes that establishing a rolling twenty-four
month period for cumulative violations will serve as an effective
deterrent to future violative conduct.
    NYSE Amex believes that in most cases these violations may be
handled efficiently through the MRP, however, as with other violations,
any egregious activity or activity that is believed to be manipulative
will continue to be subject to formal disciplinary proceedings.
Proposed Rules 476A Part 1C(i)(38) and 476A Part 1C(iii)(i)(38)
    Among other things, Rule 906(a) and Rule 906C(a) requires each ATP
Holder to report to the Exchange the account and position information
of any customer who, acting alone, or in concert with others, on the
previous business day maintained aggregate long or short positions on
the same side of the market of 200 or more contracts of any single
class of option contracts dealt in on the Exchange. ATP Holders report
this information on the Large Option Position Report (``LOPR'').
    NYSE Amex is proposing to incorporate violations for failing to
accurately report position and account information in accordance with
Rules 906(a) and 906C(a) into the MRP. The Exchange believes most of
these violations are inadvertent and technical in nature. Not having
reporting violations necessarily subject to formal discpenary [sic]
proceedings will allow the Exchange to more expeditiously process
routine violations under the MRP Plan.
    In addition, NYSE Amex, as a member of the Intermarket Surveillance
Group (``ISG''), as well as certain other self-regulatory
organizations, have entered into agreement [sic] pursuant to Section
17(d) of the Securities Exchange Act of 1934 (as amended) (``17d-2
Agreement''), which incorporates the surveillance and sanctions of LOPR
reporting violations. As such, the SROs have agreed that their
respective rules concerning the reporting of large option positions are
common rules. As a result, adding LOPR reporting violations to the MRP
will further result in the consistency of rules among SROs who are
parties to the 17d-2 Agreement with respect to LOPR reporting
surveillance.
    The Exchange is proposing to implement a fine of $1,000 for the
first violation in a rolling twenty-four month period. A second
violation within the same period would be allocated a $2,500 fine and a
third violation would be allocated a $5,000 fine. The schedule of fines
will be included under Rules 476A Part 1C(iii)(i)(38). Any subsequent
violations within a rolling twenty-four month period would be subject
to formal disciplinary proceedings by the Exchange. NYSE Amex believes
that establishing a rolling twenty-four month period for cumulative
violations will serve as an effective deterrent to future violative
conduct.
    NYSE Amex believes that in most cases reporting violations may be
handled efficiently through the MRP, however, as with other violations,
any egregious activity or activity that is believed to be manipulative
will continue to be subject to formal disciplinary proceedings.
Proposed Rules 476A Part 1C(i)(39) and 476A Part 1C(iii)(i)(39)
    NYSE Amex Rule 50--Training and Examination Requirements,
Commentary .03-.04 requires all ATP Holders (f/n/a 86 Trinity Permit
Holders \3\) and clerks active in the business of the Exchange trading
floor to participate in one or more Exchange sponsored mandatory annual
regulatory training programs, including participation in any Exchange
testing programs in connection with such programs. The Rule goes on to
say that any individual who fails to satisfactorily complete a
mandatory regulatory training program will be subject to disciplinary
action under the Exchange's Minor Rule Violation Fine System.
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    \3\ See NYSE Amex Rule 900.2NY(5). The term ``ATP Holder'' shall
refer to a natural person, sole proprietorship, partnership,
corporation, limited liability company or other organization, in
good standing, that has been issued an ATP, and references to
``member,'' ``member organization'' and ``86 Trinity Permit Holder''
as those terms are used in the Rules of NYSE Amex LLC should be
deemed to be references to ATP Holders.
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    The Exchange now proposes to establish Rule 476A Part 1C(i)(39), in
order to include violations of Rule 50, Commentary .03-.04 in the MRP.
    The Exchange is proposing to implement a fine of $1,000 for the
first violation in a rolling twenty-four month period. A second
violation within the same period would be allocated a $2,500 fine and a
third violation would be allocated a $5,000 fine. The schedule of fines
will be included under Rules 476A Part 1C(iii)(i)(39). Any subsequent
violations within a rolling twenty-four month period would be subject
to formal disciplinary proceedings by the Exchange. NYSE Amex believes
that establishing a rolling twenty-four month period for cumulative
violations will serve as an effective deterrent to future violative
conduct.
Changes to Rule 476A Part 1C(iii)(i)1., Rule 476A Part 1C(iii)(i)23.
and Rule 476A Part 1C(iii)(i)29.
    NYSE Amex Rule 933NY(a) requires that a Floor Broker handling an
order is to use due diligence to execute the order at the best price or
prices available to him, in accordance with the Rules of the Exchange.
Violators of Rule 933NY(a) are subject to a sanction pursuant to the
MRP, specifically, Rule 476A Part 1C(iii)(i)1. Suggested fines for
violations of Rule 933NY(a) are presently $1,000 for the first
violation in a rolling twenty-four month period, $2,500 for a second
violation within the same period fine and a third violation is subject
to a $3,500 fine.
    NYSE Amex Rule 935NY is designed to ensure that orders are properly
exposed on the NYSE Amex electronic trading system prior to interaction
by the initiating firm. The rule states that users may not execute as
principal orders they represent as agent unless (i) agency orders are
first exposed on the Exchange for at least one (1) second or (ii) the
User has been bidding or offering on the Exchange for at least one (1)
second prior to receiving an agency order that is executable against
such bid or offer. This rule prevents a user from executing agency
orders to increase its economic gain from trading against the order
without first giving other trading interest on the Exchange an
opportunity to either trade with the agency order or to trade at the
execution price when the User was already bidding or offering on the
book. Violators of Rule 935NY are subject to a sanction pursuant to the
MRP, specifically, Rule 476A Part 1C(iii)(i)23. Suggested fines for
violations of Rule 935NY are presently $500 for the first violation in
a rolling twenty-four month period, $1,000 for a second violation
within the same period fine and a third violation is subject to a
$2,500 fine.
    NYSE Amex Rule 963NY governs the priority of bids and offers in
open outcry trading. In general, Rule 963NY states that the highest
bid/lowest offer shall have priority over all other orders. In the
event there are two or more bids/offers for the same option contract
representing the best price and one such bid/offer is displayed in the
Consolidated Book, such bid shall have priority over any other bid at
the post. In addition, if two or more bids/offers represent the best
price and a bid/offer displayed in the Consolidated Book is not
involved, priority shall be afforded

to such bids in the sequence in which they are made. Rule 963NY also
contains certain provisions for related to split-price priority and
priority of complex orders. Violators of any part of Rule 6.63NY are
subject to a sanction pursuant to the MRP, specifically Rule 476A Part
1C(iii)(i)29. Suggested fines for violations of Rule 963NY are
presently $500 for the first violation in a rolling twenty-four month
period, $1,000 for a second violation within the same period fine and a
third violation is subject to a $2,000 fine.
    At this time the Exchange believes the current monetary fine levels
contained in the MRP, for the three above mentioned violations, are
inadequate, given the serious nature of these rules. In order to act as
an effective deterrent against future violations, while also serving as
a just penalty for those who commit these violations, the Exchange
feels an increase in the fine levels for these three violations is
warranted. NYSE Amex now proposes fine levels of $1,000 for the first
violation in a rolling twenty-four month period, $2,500 for a second
violation within the same period fine and $5,000 for a third violation
within the same period fine. These fine levels will apply to all three
types of violations mentioned above.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) \4\ of the
Securities Exchange Act of 1934 (the ``Act''), in general, and furthers
the objectives of Section 6(b)(5) \5\ 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.
---------------------------------------------------------------------------

    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    The proposal is also consistent with Section 6(b)(6) \6\ and
6(b)(7),\7\ which requires that members and persons associated with
members are appropriately disciplined for violations of Exchange rules
and are provided a fair procedure for disciplinary procedures.
---------------------------------------------------------------------------

    \6\ 15 U.S.C. 78f(b)(6).
    \7\ 15 U.S.C. 78f(b)(7).
---------------------------------------------------------------------------

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.

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

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

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

    Within 35 days of the date of publication of this notice in the
Federal Register or within such longer period (i) as the Commission may
designate up to 90 days of such date if it finds such longer period to
be appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve 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 e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEAmex-2009-45 on the subject line.

Paper Comments

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

All submissions should refer to File Number SR-NYSEAmex-2009-45. This
file number should be included on the subject line if e-mail 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 inspection
and copying in the Commission's Public Reference Room, 100 F Street,
NE., Washington, DC 20549, on official business days between the hours
of 10 a.m. and 3 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 publicly available. All
submissions should refer to File Number SR-NYSEAmex-2009-45 and should
be submitted on or before September 16, 2009.
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-20533 Filed 8-25-09; 8:45 am]

BILLING CODE 8010-01-P


[Federal Register Volume 81, Number 106 (Thursday, June 2, 2016)]
[Notices]
[Pages 35350-35351]
[FR Doc No: 2016-13029]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0022; FRL-9946-41]

Pesticide Product Registration; Receipt of Applications for New
Uses

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received applications to register new uses for
pesticide products containing currently registered active ingredients.
Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), EPA is hereby providing notice of receipt and opportunity to
comment on these applications.

DATES: Comments must be received on or before July 5, 2016.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number and the File Symbol or EPA

Registration Number of interest as shown in the body of this document,
by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.  Hand Delivery: To make special arrangements for
hand delivery or delivery of boxed information, please follow the
instructions at http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Robert McNally, Biopesticides and
Pollution Prevention Division (BPPD) (7511P), main telephone number:
(703) 305-7090; email address<EMAIL_ADDRESS>Susan Lewis,
Registration Division (RD) (7505P), main telephone number: (703) 305-
7090; email address<EMAIL_ADDRESS>The mailing address for each
contact person is: Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-
0001. As part of the mailing address, include the contact person's
name, division, and mail code. The division to contact is listed at the
end of each application summary.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

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

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through
regulations.gov or email. Clearly mark the part or all of the
information that you claim to be CBI. For CBI information in a disk or
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as
CBI and then identify electronically within the disk or CD-ROM the
specific information that is claimed as CBI. In addition to one
complete version of the comment that includes information claimed as
CBI, a copy of the comment that does not contain the information
claimed as CBI must be submitted for inclusion in the public docket.
Information so marked will not be disclosed except in accordance with
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When preparing and submitting
your comments, see the commenting tips at http://www.epa.gov/dockets/comments.html.

II. Registration Applications

    EPA has received applications to register new uses for pesticide
products containing currently registered active ingredients. Pursuant
to the provisions of FIFRA section 3(c)(4) (7 U.S.C. 136a(c)(4)), EPA
is hereby providing notice of receipt and opportunity to comment on
these applications. Notice of receipt of these applications does not
imply a decision by the Agency on these applications.
    1. EPA Registration Numbers: 100-739, 100-1262, 100-1312, 100-1313,
100-1476, and 100-1554. Docket ID number: EPA-HQ-OPP-2016-0254.
Applicant: Syngenta Crop Protection, LLC, P.O. Box 18300, Greensboro,
NC 27419. Active ingredient: Difenoconazole. Product type: Fungicide.
Proposed uses: Rice; wild rice; and cotton (crop subgroup 20C).
Contact: RD.
    2. EPA Registration Number: 2724-804. Docket ID number: EPA-HQ-OPP-
2016-0128. Applicant: Wellmark International, 1501 E. Woodfield Road,
Suite 200 West, Schaumburg, IL 60173. Active ingredient: Etofenprox.
Product type: Insecticide. Proposed use: Fungi, edible, group 21.
Contact: RD.
    3. EPA Registration Number: 67702-49. Docket ID number: EPA-HQ-OPP-
2016-0256. Applicant: W. Neudorff GmbH KG, An der M[uuml]hle 3, 31860
Emmerthal, Germany (c/o Walter G. Talarek, PC, 1008 Riva Ridge Dr.,
Great Falls, VA 22066-1620). Active ingredient: Iron phosphate. Product
type: Biochemical molluscicide. Proposed use: Broadcast application to
crops under flooded conditions to control golden apple snails. Contact:
BPPD.
    4. EPA Registration Numbers: 71512-21, 71512-22, and 71512-23.
Docket ID number: EPA-HQ-OPP-2016-0263. Applicant: ISK Biosciences
Corporation, 7470 Auburn Road, Suite A, Concord, OH 44077. Active
ingredient: Isofetamid. Product type: Fungicide. Proposed uses:
Bushberries (subgroup 13-07B); caneberries (subgroup 13-07A); pome
fruit (group 11-10); small vine climbing fruit (subgroup 13-07E); stone
fruit (subgroups 12-12A, 12-12B, 12-12C); legume vegetable pea and
bean, succulent and dried, except soybeans (subgroups 6A, 6B, 6C);
ornamental plants. Contact: RD.
    5. EPA Registration Number: 86203-4. Docket ID number: EPA-HQ-OPP-
2016-0128. Applicant: Mitsui Chemicals Agro, Inc. (c/o Landis
International, Inc., P.O. Box 5126; Valdosta, GA 31603. Active
ingredient: Etofenprox. Product type: Insecticide. Proposed use: Fungi,
edible, group 21. Contact: RD.
    6. File Symbol: 89186-R. Docket ID number: EPA-HQ-OPP-2016-0258.
Applicant: ConidioTec, 2610 Sleepy Hollow Drive, State College, PA
16803. Active ingredient: Beauveria bassiana Strain GHA. Product type:
Insecticide. Proposed use: Indoor use in buildings and structures to
control and prevent bedbug infestations. Contact: BPPD.

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

    Dated: May 19, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2016-13029 Filed 6-1-16; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register: November 26, 2008 (Volume 73, Number 229)]
[Notices]
[Page 72088-72089]
[DOCID:fr26no08-107]

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SECURITIES AND EXCHANGE COMMISSION

Sunshine Act Meeting

    Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Pub. L. 94-409, that the Securities and
Exchange Commission will hold an Open Meeting on Wednesday, December 3,
2008 at 10 a.m., in the Auditorium, Room L-002.
    The subject matter of the Open Meeting will be:
    Item 1: The Commission will consider whether to adopt rule
amendments that would impose additional requirements on nationally
recognized statistical rating organizations in order to address
concerns about the integrity of their credit rating procedures and
methodologies. The Commission also

will consider whether to propose and re-propose certain proposed rules
relating to transparency and competition concerning nationally
recognized statistical rating organizations.
    At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
    For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact:
    The Office of the Secretary at<PHONE_NUMBER>.

    Dated: November 21, 2008.
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8-28127 Filed 11-25-08; 8:45 am]

BILLING CODE 8011-01-P