[Federal Register: September 3, 2010 (Volume 75, Number 171)]
[Notices]
[Page 54199-54204]
[DOCID:fr03se10-111]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-62768; File No. SR-NYSEArca-2010-78]

Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing
of a Proposed Rule Change Relating to Listing and Trading of Jefferies
Commodity Real Return ETF

August 26, 2010.
    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 August 17, 2010, NYSE Arca, Inc. (``NYSE Arca'' or the ``Exchange'')
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 Exchange. 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 Substance
of the Proposed Rule Change

    The Exchange proposes to list and trade shares of Jefferies
Commodity Real Return ETF under NYSE Arca Equities Rule 8.200,
Commentary .02. The text of the proposed rule change is available at
the Exchange, the Commission's Public Reference Room, and http://
www.nyse.com.

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
    NYSE Arca Equities Rule 8.200, Commentary .02 permits the trading
of Trust Issued Receipts (``TIRs'') either by listing or pursuant to
unlisted trading privileges (``UTP'').\3\ The Exchange proposes to list
and trade the shares (the ``Shares'') of the Jefferies Commodity Real
Return ETF (the ``Fund'') under NYSE Arca Equities Rule 8.200.\4\
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    \3\ Commentary .02 to NYSE Arca Equities Rule 8.200 applies to
TIRs that invest in ``Financial Instruments''. The term ``Financial
Instruments'', as defined in Commentary .02(b)(4) to NYSE Arca
Equities Rule 8.200, means any combination of investments, including
cash; securities; options on securities and indices; futures
contracts; options on futures contracts; forward contracts; equity
caps, collars and floors; and swap agreements.
    \4\ See the Pre-Effective Amendment No. 1 to Registration
Statement on Form S-1, filed with the Commission on June 29, 2010
(No. 333-164811) (``Registration Statement''). The descriptions of
the Fund and the Shares contained herein are based on the
Registration Statement.
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    The Exchange notes that the Commission has previously approved the
listing and trading of other issues of Trust Issued Receipts on the
American Stock Exchange LLC,\5\ trading on NYSE Arca pursuant to
unlisted trading privileges (``UTP''),\6\ and listing on NYSE Arca.\7\
In addition, the Commission has approved other exchange-traded fund-
like products linked to the performance of underlying commodities.\8\
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    \5\ See, e.g., Securities Exchange Act Release No. 58161 (July
15, 2008), 73 FR 42380 (July 21, 2008) (SR-Amex-2008-39) (order
approving amendments to Amex Rule 1202, Commentary .07 and listing
on Amex of 14 funds of the Commodities and Currency Trust).
    \6\ See, e.g., Securities Exchange Act Release No. 58163 (July
15, 2008), 73 FR 42391 (July 21, 2008) (SR-NYSEArca-2008-73) (order
approving UTP trading on NYSE Arca of 14 funds of the Commodities
and Currency Trust).
    \7\ See, e.g., Securities Exchange Act Release No. 58457
(September 3, 2008), 73 FR 52711 (September 10, 2008) (SR-NYSEArca-
2008-91) (order approving lising on NYSE Arca of 14 funds of the
Commodities and Currency Trust).
    \8\ See, e.g., Securities Exchange Act Release Nos. 56932
(December 7, 2007), 72 FR 71178 (December 14, 2007) (SR-NYSEArca-
2007-112) (order granting accelerated approval to list iShares S&P
GSCI Commodity-Indexed Trust); 59781 (April 17, 2009), 74 FR 18771
(April 24, 2009) (SR-NYSEArca-2009-28) (order granting accelerated
approval for NYSE Arca listing the ETFS Silver Trust); 59895 (May 8,
2009), 74 FR 22993 (May 15, 2009) (SR-NYSEArca-2009-40) (order
granting accelerated approval for NYSE Arca listing the ETFS Gold
Trust).
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Overview of the Fund \9\
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    \9\ Terms relating to the Fund, the Shares and the Index
referred to, but not defined, herein are defined in the Registration
Statement.
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    According to the Registration Statement, the Fund will pursue its

investment objective by investing substantially all of its assets in a
portfolio of exchange traded futures on the commodities comprising its
corresponding index, as described below, or other derivatives. The Fund
establishes long positions in futures contracts on the commodities
comprising the Thomson Reuters/Jefferies CRB 3 Month Forward Index
(``Index''), with a view to tracking the changes, whether positive or
negative, in the level of the Index over time. The Fund also may invest
in one or more forward agreements, swaps, or other over-the-counter
derivatives that reference a particular Index Commodity (``Futures-
Linked Investment''), as described below. The Fund is also intended to
reflect the excess, if any, of its interest income from its investment
in 3-month U.S. Treasury bills, U.S. government issued Treasury
Inflation Protection Securities (``TIPS'')\10\ and other high credit
quality short-term fixed income securities, over its expenses.
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    \10\ TIPS are marketable securities issued by the U.S. Treasury
whose principal is adjusted by changes in the Consumer Price Index
(``CPI''). With inflation (a rise in the CPI), the principal
increases. With deflation (a drop in the CPI), the principal
decreases. (Source: http://www.treasurydirect.gov.)
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    Jefferies Commodity Investment Services, LLC, a Delaware limited
liability company, is the Fund's promoter, and will serve as Managing
Owner of the Fund (the ``Managing Owner''). The Managing Owner will
serve as the commodity pool operator and commodity trading advisor of
the Fund. The Managing Owner is registered as a commodity pool operator
and commodity trading advisor with the Commodity Futures Trading
Commission (``CFTC'') and is a member of the National Futures
Association. The Bank of New York Mellon will be the administrator,
custodian and transfer agent of the Fund. ALPS Distributors, Inc. will
serve as the Fund's marketing agent.
    The Index tracks the changes in the closing levels of the futures
positions that would in three months comprise the Thomson Reuters/
Jefferies CRB Index (``TR/J CRB Index''). The TR/J CRB Index is
designed to track the changes in the closing levels of nearby rolling
futures positions.\11\
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    \11\ A rolling futures position is a position where, on a
periodic basis, futures contracts on physical commodities specifying
delivery in a particular month are sold and futures contracts
specifying delivery in a later month are purchased. An investor with
a rolling futures position is able to avoid taking delivery of the
underlying physical commodity while maintaining exposure to those
commodities. To maximize liquidity and transparency, this
``rolling'' process for the Index Commodities for the Index occurs
over the first four Business Days of each month according to a fixed
schedule as described in the Registration Statement.
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    The Fund will hold a portfolio of futures contracts on the Index
Commodities (as described below), as well as cash, 3-month U.S.
Treasury bills, TIPS and other high credit quality short-term fixed
income securities, for deposit with the Fund's Clearing Broker (Credit
Suisse Securities (USA) LLC), as margin. The Fund's portfolio will be
traded with a view to tracking the Index over time, whether the Index
is rising, falling or flat over any particular period. The Fund is not
``managed'' by traditional methods, which typically involve effecting
changes in the composition of the Fund's portfolio on the basis of
judgments relating to economic, financial and market considerations
with a view to obtaining positive results under all market conditions.
To maintain the correspondence between the composition and weightings
of the Index Commodities comprising the Index, the Managing Owner
adjusts the Fund's portfolio from time-to-time to conform to periodic
changes in the identity and/or relative weighting of the Index
Commodities. The Managing Owner will aggregate certain of the
adjustments and makes changes to the Fund's portfolio at least monthly
or more frequently in the case of significant changes to the Index.\12\
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    \12\ According to the Registration Statement, Jefferies Group,
Inc.'s policy is to implement procedures to prevent the improper
sharing of information between different departments of the company.
Specifically, procedures as described in the Registration Statement
create an information barrier between the personnel within Jefferies
Group, Inc. who sit on the Thomson Reuters/Jefferies CRB Index
Oversight Committee and other Jefferies Group, Inc.'s personnel of
the Managing Owner who are involved in making portfolio management
and trading decisions for the Fund, and also are intended to prevent
the improper sharing of certain Index-related information to others
who could act on the information to the detriment of the Fund.
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    According to the Registration Statement, the Index is designed to
provide timely and accurate representation of a long-only, broadly
diversified investment in commodities through a transparent and
disciplined calculation methodology. The Index is currently composed of
futures contracts on the following 19 physical commodities (each, an
``Index Commodity'' and, collectively, ``Index Commodities''):
Aluminum, cocoa, coffee, copper, corn, cotton, crude oil, gold, heating
oil, lean hogs, live cattle, natural gas, nickel, orange juice, silver,
soybeans, sugar, RBOB gasoline, and wheat. The Index Commodities
currently trade on United States futures exchanges, with the exception
of aluminum and nickel, which trade on the London Metal Exchange.
    According to the Registration Statement, as the Fund approaches or
reaches position limits with respect to certain futures contracts
comprising the Index and the Managing Owner determines in its
commercially reasonable judgment that it has become impracticable or
inefficient for any reason for the Fund to gain full or partial
exposure to any Index Commodity by investing in a specific futures
contract that is a part of the Index, the Fund may invest in a futures
contract referencing the particular Index Commodity other than the
specific contract that is a part of the Index, or invest in one or more
Futures-Linked Investments referencing the particular Index Commodity,
including forward agreements, swaps, or other OTC derivatives, or in
the alternative, invest in other futures contracts or Futures-Linked
Investments not based on the particular Index Commodity if, in the
commercially reasonable judgment of the Managing Owner, such
replacement instruments tend to exhibit trading prices that correlate
with a futures contract that is a part of the Index.
    According to the Registration Statement, the Index uses a four-
tiered approach to allocate among the Index Commodities included in the
Index. Group I includes only petroleum products; Group II includes
seven Index Commodities which are highly liquid; Group III is comprised
of four liquid Index Commodities; Group IV includes Index Commodities
that may provide diversification.
    All Index Commodities are equally weighted within Groups II, III
and IV, as provided below.\13\
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    \13\ The referenced exchanges with respect to the commodities
for the Fund, as applicable, are as follows: NYMEX (New York
Mercantile Exchange); COMEX (Commodity Exchange Inc.); LME (The
London Metal Exchange Limited); CBOT (Chicago Board of Trade); CME
(Chicago Mercantile Exchange); ICE-US, Inc. (ICE Futures U.S.).

                                Thomson Reuters/Jefferies CRB Index--Thomson Reuters/Jefferies CRB 3 Month Forward Index
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                                                  Index
        Group             Index commodity        weight        Contract months                   Exchange                     Trading hours (E.T.)
                                                   (%)
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I...................  WTI Crude Oil..........          23  Jan-Dec................  NYMEX............................  10:00 am--2:30 pm.
                      Heating Oil............           5  Jan-Dec................  NYMEX............................  10:05 am--2:30 pm.
                      RBOB Gasoline..........           5  Jan-Dec................  NYMEX............................  10:05 am--2:30 pm.
                     -----------------------------------------------------------------------------------------------------------------------------------
    Total...........                                   33
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II..................  Natural Gas............           6  Jan-Dec................  NYMEX............................  10:00 am--2:30 pm.
                      Corn...................           6  Mar, May, Jul, Sep, Dec  CBOT.............................  10:30 am--2:15 pm.
                      Soybeans...............           6  Jan, Mar, May, Jul, Nov  CBOT.............................  10:30 am--2:15 pm.
                      Live Cattle............           6  Feb, Apr, Jun, Aug,      CME..............................  10:05 am--2:00 pm.
                                                            Oct, Dec.
                      Gold...................           6  Feb, Apr, Jun, Aug, Dec  COMEX............................  8:20 am--1:30 pm.
                      Aluminum...............           6  Mar, Jun, Sep, Dec.....  LME..............................  6:55 am--12:00 pm.
                      Copper.................           6  Mar, May, Jul, Sep, Dec  COMEX............................  8:10 am--1:00 pm.
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    Total...........                                   42
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III.................  Sugar..................           5  Mar, May, Jul, Oct.....  ICE-US...........................  3:30 am--2:00 pm.
                      Cotton.................           5  Mar, May, Jul, Dec.....  ICE-US...........................  9:00 pm--2:30 pm.
                      Cocoa..................           5  Mar, May, Jul, Sep, Dec  ICE-US...........................  4:00 am--2:00 pm.
                      Coffee.................           5  Mar, May, Jul, Sep, Dec  ICE-US...........................  3:30 am--2:00 pm.
                     -----------------------------------------------------------------------------------------------------------------------------------
    Total...........                                   20
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IV..................  Nickel.................           1  Mar, Jun, Sep, Dec.....  LME..............................  7:10 am--11:55 am.
                      Wheat..................           1  Mar, May, Jul, Sep, Dec  CBOT.............................  10:30 am--2:15 pm.
                      Lean Hogs..............           1  Feb, Apr, Jun, Jul,      CME..............................  9:10 am--1:00 pm.
                                                            Aug, Oct, Dec.
                      Orange Juice...........           1  Jan, Mar, May, Jul,      ICE-US...........................  8:00 am--2:00 pm.
                                                            Sep, Nov.
                      Silver.................           1  Mar, May, Jul, Sep, Dec  COMEX............................  8:25 am--1:25 pm.
                     -----------------------------------------------------------------------------------------------------------------------------------
    Total...........                                    5
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    The Index is calculated daily by Thomson Reuters (Markets) LLC, a
Thomson Reuters company (``Reuters'' or the ``Index Calculation
Agent''). The Index began publishing in April 2007. The changes in the
closing levels of the Index are reported by a number of major market
data vendors. Reuters is not affiliated with a broker dealer.
    Group I of the Index includes only petroleum products--WTI crude
oil, heating oil and RBOB gasoline. According to the Registration
Statement, these Index Commodities are among the most economically
significant and frequently traded and historically have contributed
meaningfully to the return and correlative characteristics of commodity
benchmark indices. In order to reflect the critical role of petroleum
in the global economy and maintain the diversified nature of the Index,
the Index has assigned an Index Weight of 33% to the Group I Index
Commodities, represented by the crude oil, RBOB gasoline and heating
oil contracts traded on the NYMEX.
    Group II is comprised of futures contracts on the Index Commodities
that are traded in markets that are highly liquid. These seven markets
represent a diverse cross section across several commodity sectors.
Each Index Commodity is assigned an Index Weight of 6% of the Index. In
turn, Group II constitutes 42% of the Index.
    Group III is comprised of futures contracts on Index Commodities
that are traded in markets that are liquid. These four Index
Commodities include a second cross section of diverse and liquid
markets in order to diversify the Index. Each Index Commodity in Group
III is assigned an Index Weight of 5% of the Index. In turn, Group III
constitutes 20% of the Index.
    Group IV is comprised of futures contracts on Index Commodities
that may provide additional diversification to the Index by increasing
the exposure of the Index to the Softs, Grains, Industrial Metals,
Meats and Precious Metals markets. Each Index Commodity in Group IV is
assigned an Index Weight of 1% of the Index. In turn, Group IV
constitutes 5% of the Index.
Rebalancing Methodology
    According to the Registration Statement, the Index employs
arithmetic averaging with monthly rebalancing, while maintaining a
uniform exposure to the various Index Commodities over time.
    The Index Commodities are rebalanced monthly, generally following
the close of business on the sixth Business Day of each month, to
return to the specified dollar weights, referenced as ``Index Weight''
in the table above. This rebalancing is achieved by selling Index
Commodities that have gained in value relative to other Index
Commodities and buying Index Commodities that have lost in value
relative to other Index Commodities. This monthly rebalancing helps to
maintain both the stability and consistency of the Index and the
consistent exposure to the Index Weights of the underlying Index
Commodities over time.
    The Fund will meet the initial and continued listing requirements
applicable to Trust Issued Receipts in NYSE Arca Equities Rule 8.200
and Commentary .02 thereto. With respect to application of Rule 10A-3
\14\ under the Act, the Trust relies on the exception contained in Rule
10A-3(c)(7).\15\ A minimum of 100,000 Shares of the Fund will be
outstanding as of the start of trading on the Exchange.
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    \14\ 17 CFR 240.10A-3.
    \15\ 17 CFR 240.10A-3(c)(7).
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    A more detailed description of the Shares, the Fund, the Index and
the Index Commodities, as well as investment risks, is set forth in the
Registration Statement.

Availability of Information Regarding the Shares

    The Web site for the Fund (http://www.jamfunds.com/jcis) and/or the
Exchange, which are publicly accessible at no charge, will contain the
following information: (a) The current net asset value (``NAV'') per
share daily and the prior business day's NAV and the reported closing
price; (b) the midpoint of the bid-ask price in relation to the NAV as
of the time the NAV is calculated (the ``Bid-Ask Price''); (c)
calculation of the premium or discount of such price against such NAV;
(d) the bid-ask price of Shares determined using the highest bid and
lowest offer as of the time of calculation of the NAV; (e) data in
chart form displaying the frequency distribution of discounts and
premiums of the Bid-Ask Price against the NAV, within appropriate
ranges for each of the four previous calendar quarters; (f) the
prospectus; and (g) other applicable quantitative information. The Fund
will also disseminate Fund holdings on a daily basis on the Fund's Web
site.
    The Index Calculation Agent calculates the closing level of each
Index on both an excess return basis and a total return basis. An
excess return index reflects the changes in market value over time,
whether positive or negative, of the Index Commodities. A total return
is the sum of the changes in market value over time, whether positive
or negative, of the Index Commodities incorporating the return of 3-
month U.S. Treasury bills. The Fund is designed to track the Index as
calculated on an excess return, not a total return, basis.
    In order to calculate the indicative Index levels, the Index
Calculation Agent determines the real time price of each Index
Commodity every 15 seconds. The Index Calculation Agent then applies a
set of rules to these values to create the indicative level of the
Index. These rules are consistent with the rules which the Index
Calculation Agent applies at the end of each trading day to calculate
the closing levels of the Index.
    The Intra-day Indicative Value (``IIV'') per Share of the Fund is
calculated by applying the percentage price change of the Fund's
holdings in futures contracts to the last published NAV of the Fund.
The Index Calculation Agent will publish this value every 15 seconds
through one or more major market data vendors. The Index Calculation
Agent will publish the closing level of the Index daily. The Managing
Owner will publish the NAV of the Fund and the NAV per Share of the
Fund daily. Additionally, the Index Calculation Agent will publish the
intra-day level of the Index, and the Managing Owner will publish the
indicative value per Share of the Fund (quoted in U.S. dollars) once
every fifteen seconds throughout each trading day. All of the foregoing
information will be published as follows:
    The intra-day level of the Index and the IIV per Share of the Fund
(each quoted in U.S. dollars) will be published once every fifteen
seconds throughout each trading day through one or more major market
data vendors and on the Managing Owner's Web site.
    The most recent end-of-day Index closing level will be published as
of the close of the NYSE Arca each trading day on the consolidated
tape, Reuters and/or Bloomberg and on the Managing Owner's Web site.
    The most recent end-of-day NAV of the Fund will be published as of
the close of business by major market data vendors and on the Managing
Owner's Web site. In addition, the most recent end-of-day NAV of the
Fund will be published the following morning on the consolidated tape.
    The NAV for the Fund will be disseminated to all market
participants at the same time. The Exchange also will disseminate on a
daily basis via CTA information with respect to recent NAV and shares
outstanding. The Exchange will also make available on its Web site
daily trading volume of each of the Shares, closing prices of such
Shares, and the corresponding NAV. The closing prices and settlement
prices of futures on the Index Commodities are also readily available
from the Web sites of the applicable futures exchanges, automated
quotation systems, published or other public sources, or on-line
information services such as Bloomberg or Reuters. The relevant futures
exchanges also provide delayed futures information on current and past
trading sessions and market news free of charge on their respective Web
sites. The specific contract specifications for the futures contracts
are also available on such Web sites, as well as other financial
informational sources. Quotation and last-sale information regarding
the Shares will be disseminated through the facilities of the CTA.
Dissemination of Intra-Day Indicative Value
    In addition, in order to provide updated information relating to
the Fund for use by investors and market professionals, an updated IIV
will be calculated. The IIV is calculated by using the prior day's
closing NAV per share of the Fund as a base and updating that value
throughout the trading day to reflect changes in the value of the Index
Commodities. The IIV disseminated during NYSE Arca trading hours should
not be viewed as an actual real time update of the NAV, which is
calculated only once a day.
    The IIV will be disseminated on a per Share basis by one or more
major market data vendors every 15 seconds during NYSE Arca Core
Trading Session of 9:30 a.m. to 4 p.m. Eastern Time (``E.T.''). The
value of a Share may be influenced by non-concurrent trading hours
between NYSE Arca and the applicable futures exchange when the Shares
are traded on NYSE Arca after normal trading hours of such futures
exchanges.
    The Exchange believes that dissemination of the IIV provides
additional information regarding the Fund that is not otherwise
available to the public and is useful to professionals and investors in
connection with the related Shares trading on the Exchange or the
creation or redemption of such Shares.
Trading Rules
    The Exchange deems the Shares to be equity securities, thus
rendering trading in the Shares subject to the Exchange's existing
rules governing the trading of equity securities. Shares will trade on
the NYSE Arca Marketplace from 4 a.m. to 8 p.m. E.T. The Exchange has
appropriate rules to facilitate transactions in the Shares during all
trading sessions.
    The trading of the Shares will be subject to NYSE Arca Equities
Rule 8.200(e), which sets forth certain restrictions on ETP Holders
acting as registered Market Makers in Trust Issued Receipts to
facilitate surveillance. See ``Surveillance'' below for more
information.
    With respect to trading halts, the Exchange may consider all
relevant factors in exercising its discretion to halt or suspend
trading in the Shares. 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 underlying futures contracts, or
(2) whether other unusual conditions or circumstances detrimental to
the maintenance of a fair and orderly market are present. In addition,
trading in Shares will be subject to trading halts caused by
extraordinary market volatility pursuant to the Exchange's ``circuit
breaker'' rule \16\ or by the halt or suspension of

trading of the underlying futures contracts.
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    \16\ See NYSE Arca Equities Rule 7.12.
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    The Exchange represents that the Exchange may halt trading during
the day in which the interruption to the dissemination of the IIV, the
Index or the value of the underlying futures contracts occurs. If the
interruption to the dissemination of the IIV, the Index or the value of
the underlying futures contracts persists past the trading day in which
it occurred, the Exchange will halt trading no later than the beginning
of the trading day following the interruption. In addition, if the
Exchange becomes aware that the NAV with respect to the Shares is not
disseminated to all market participants at the same time, it will halt
trading in the Shares until such time as the NAV is available to all
market participants.
Surveillance
    The Exchange intends to utilize its existing surveillance
procedures applicable to derivative products, including Trust Issued
Receipts, to monitor trading in the Shares. 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.
    The Exchange's current trading surveillances focus on detecting
securities trading outside their normal patterns. 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. The Exchange is able to
obtain information regarding trading in the Shares, the physical
commodities included in, or options, futures or options on futures on,
Shares through ETP Holders, in connection with such ETP Holders'
proprietary or customer trades through ETP Holders which they effect on
any relevant market. The Exchange can obtain market surveillance
information, including customer identity information, with respect to
transactions occurring on the exchanges that are members of the
Intermarket Surveillance Group (``ISG'').\17\ CME Group, Inc., which
includes CME, CBOT, NYMEX and COMEX, is a member of ISG. In addition,
the Exchange has entered into a comprehensive surveillance sharing
agreement with LME and ICE Futures U.S. that applies with respect to
trading in futures on the applicable Index Commodities. A list of ISG
members is available at http://www.isgportal.org.
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    \17\ The Exchange notes that not all futures contracts or other
financial instruments held by the Fund may trade on markets that are
members of ISG or with which the Exchange has in place a
comprehensive surveillance sharing agreement.
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    In addition, with respect to Fund assets traded on exchanges, not
more than 10% of the weight of such assets in the aggregate shall
consist of components whose principal trading market is not a member of
ISG or is a market with which the Exchange does not have a
comprehensive surveillance sharing agreement.
    The Exchange also has a general policy prohibiting the distribution
of material, non-public information by its employees.
Information Bulletin
    Prior to the commencement of trading, the Exchange will inform its
ETP Holders in an Information Bulletin of the special characteristics
and risks associated with trading the Shares. Specifically, the
Information Bulletin will discuss the following: (1) The risks involved
in trading the Shares during the Opening and Late Trading Sessions when
an updated IIV will not be calculated or publicly disseminated; (2) the
procedures for purchases and redemptions of Shares in Creation Baskets
and Redemption Baskets (and that Shares are not individually
redeemable); (3) NYSE Arca Equities Rule 9.2(a), which imposes a duty
of due diligence on its ETP Holders to learn the essential facts
relating to every customer prior to trading the Shares; (4) how
information regarding the IIV is disseminated; (5) the requirement that
ETP Holders deliver a prospectus to investors purchasing newly issued
Shares prior to or concurrently with the confirmation of a transaction;
and (6) trading information.
    In addition, the Information Bulletin will advise ETP Holders,
prior to the commencement of trading, of the prospectus delivery
requirements applicable to the Fund. The Exchange notes that investors
purchasing Shares directly from the Fund will receive a prospectus. ETP
Holders purchasing Shares from the Fund for resale to investors will
deliver a prospectus to such investors. The Information Bulletin will
also discuss any exemptive, no-action and interpretive relief granted
by the Commission from any rules under the Act.
    In addition, the Information Bulletin will reference that the Fund
is subject to various fees and expenses described in the Registration
Statement. The Information Bulletin will also reference that the CFTC
has regulatory jurisdiction over the Index Commodities traded on U.S.
markets.
    The Information Bulletin will also disclose the trading hours of
the Shares of the Fund and that the NAV for the Shares is calculated
after 4 p.m. E.T. each trading day. The Bulletin will disclose that
information about the Shares of the Funds is publicly available on the
Fund's Web site.
2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the
Act,\18\ in general, and furthers the objectives of Section
6(b)(5),\19\ 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. The Exchange believes that the
proposed rule change will permit the listing of an additional issuance
of Trust Issued Receipts on the Exchange that will enhance competition
among market participants, to the benefit of investors and the
marketplace. In addition, the listing and trading criteria set forth in
Rule 8.200 are intended to protect investors and the public interest.
---------------------------------------------------------------------------

    \18\ 15 U.S.C. 78f(b).
    \19\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://
www.sec.gov/rules/sro.shtml); or
     Send an e-mail to<EMAIL_ADDRESS>Please include
File Number SR-NYSEArca-2010-78 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-NYSEArca-2010-78. 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-NYSEArca-2010-78 and should
be submitted on or before September 24, 2010.

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

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

Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-22111 Filed 9-2-10; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 74, Number 133 (Tuesday, July 14, 2009)]
[Notices]
[Page 34003]
[FR Doc No: E9-16562]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project No. 13471-000]

FFP Project 61, LLC; Notice of Preliminary Permit Application
Accepted for Filing and Soliciting Comments, Motions To Intervene, and
Competing Applications

July 7, 2009.
    On May 22, 2009, FFP Project 61, LLC filed an application for a
preliminary permit, pursuant to section 4(f) of the Federal Power Act,
proposing to study the feasibility of the Point Menoir Hydrokinetic
Project, to be located on the Mississippi River in West Baton Rouge
Parish, Louisiana and East Baton Rouge Parish, Louisiana.
    The sole purpose of a preliminary permit, if issued, is to grant
the permit holder priority to file a license application during the
permit term. A preliminary permit does not authorize the permit holder
to perform any land disturbing activities or otherwise enter upon lands
or waters owned by others without the owners' express permission.
    The proposed Point Menoir Hydrokinetic Project consists of: (1)
1,647 proposed 40 kilowatt Free Flow generating units having a total
installed capacity of 65.88 megawatts; (2) a 1.6-mile-long, 69 kilovolt
transmission line; and (3) appurtenant facilities. The proposed Point
Menoir Hydrokinetic Project would have an average annual generation of
289 gigawatt-hours.
    Applicant Contact: Ramya Swaminathan, Vice President of
Development, Free Flow Power Corporation, 33 Commercial Street,
Gloucester, MA 01930; phone:<PHONE_NUMBER>.
    FERC Contact: Kim Carter,<PHONE_NUMBER>.
    Deadline for filing comments, motions to intervene, competing
applications (without notices of intent), or notices of intent to file
competing applications: 60 days from the issuance of this notice.
Comments, motions to intervene, notices of intent, and competing
applications may be filed electronically via the Internet. See 18 CFR
385.2001(a)(1)(iii) and the instructions on the Commission's Web site
under the ``e-Filing'' link. If unable to be filed electronically,
documents may be paper-filed. To paper-file, an original and eight
copies should be mailed to: Kimberly D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First Street, NE., Washington, DC 20426. For
more information on how to submit these types of filings please go to
the Commission's Web site located at http://www.ferc.gov/filing-comments.asp. More information about this project, including a copy of
the application, can be viewed or printed on the ``eLibrary'' link of
Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp.
Enter the docket number (P-13471) in the docket number field to access
the document. For assistance, call toll-free 1-866-208-3372.

Kimberly D. Bose,
Secretary.
 [FR Doc. E9-16562 Filed 7-13-09; 8:45 am]
BILLING CODE 6717-01-P


[Federal Register Volume 81, Number 144 (Wednesday, July 27, 2016)]
[Notices]
[Pages 49220-49221]
[FR Doc No: 2016-17788]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-ORD-2016-0467; FRL-9949-80-ORD]

Board of Scientific Counselors Safe and Sustainable Water
Resources Subcommittee; Notification of Public Meeting and Public
Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notification of public meeting and public comment.

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

SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-
463, the U.S. Environmental Protection Agency (EPA) hereby provides
notice that the Board of Scientific Counselors (BOSC) Safe and
Sustainable Water Resources Subcommittee (SSWR) will host a public
meeting at the Hyatt Regency in Cincinnati, Ohio, convening on
Wednesday, August 24, 2016, from 8:30 a.m. to 5:00 p.m.; and Thursday,
August 25, 2016, 8:00 a.m. to 3:00 p.m. Eastern Time. The focus of the
meeting will be on discussing the Safe and Sustainable Water Resources
Strategic Research Action Plan's water systems research. There will be
a public comment period from 10:45 a.m. to 11:15 a.m. Eastern Time on
August 25, 2016.
    For information on registering to attend the meeting or to provide
public comment, please see the SUPPLEMENTARY INFORMATION section below.
Pre-registration is required. The deadline to sign up to speak during
the public comment period closes August 19, 2016. The deadline to
submit written public comment is August 22, 2016.

DATES: The BOSC SSWR meeting will be held on Wednesday, August 24,
2016, from 8:30 a.m. to 5:00 p.m.; and Thursday, August 25, 2016, 8:00
a.m. to 3:00 p.m. All times noted are Eastern Time and are approximate.

FOR FURTHER INFORMATION CONTACT: Questions or correspondence concerning
the meeting should be directed to Tom Tracy, Designated Federal
Officer, Environmental Protection Agency, by mail at 1200 Pennsylvania
Avenue NW., (MC 8104 R), Washington, DC 20460, by telephone at 202-564-
6518; fax at<PHONE_NUMBER>; or via email at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: The Charter of the BOSC states that the
advisory committee shall provide independent advice to the
Administrator on technical and management aspects of the ORD's research
program. Additional information about the BOSC is available at: http://www2.epa.gov/bosc.
    Registration: In order to attend the meeting you must register at
the following site: http://www.eventbrite.com/e/us-epa-bosc-safe-and-sustainable-water-resources-subcommittee-tickets-26329523313. Once you
have completed the online registration, you will be contacted and
provided with the meeting information and ticket.
    Oral Statements: Members of the public who wish to provide oral
comment during the meeting must preregister. Individuals or groups
making remarks during the public comment period will be limited to five
(5) minutes. To accommodate the number of people who want to address
the BOSC SSWR Subcommittee, only one representative of a particular
community, organization, or group will be allowed to speak.
    Written Statements: Written comments for the public meeting must be
received by Monday, August 22, 2016, and will be included in the
materials distributed to the BOSC SSWR Subcommittee prior to the
meeting. Written comments should be sent to Tom Tracy, Environmental
Protection Agency, via email at<EMAIL_ADDRESS>or by mail to 1200
Pennsylvania Avenue NW., (MC 8104 R), Washington, DC 20460, or
submitted through regulations.gov, Docket ID No. EPA-HQ-ORD-2015-0467.
Members of the public should be aware that their personal contact
information, if included in any written comments, may be posted online
at regulations.gov.
    Information about Services for Individuals with Disabilities: For
information about access or services for individuals with disabilities,
please contact Tom Tracy, at<PHONE_NUMBER> or via email at
<EMAIL_ADDRESS>To request special accommodations, please contact
Tom Tracy no later than August 19, 2016, to give the Environmental
Protection Agency sufficient time to process your request. All requests
should be sent to the address, email, or phone number listed in the FOR
FURTHER INFORMATION section above.

    Dated: July 21, 2016.
Fred S. Hauchman,
Director, Office of Science Policy.
[FR Doc. 2016-17788 Filed 7-26-16; 8:45 am]
 BILLING CODE 6560-50-PFEDERAL RESERVE SYSTEM


[Federal Register Volume 88, Number 30 (Tuesday, February 14, 2023)]
[Rules and Regulations]
[Pages 9401-9403]
[FR Doc No: 2023-02291]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2022-0866; FRL-10415-02-R1]

Air Plan Approval; New Hampshire; Approval of Single Source Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) is approving a State
Implementation Plan (SIP) revision submitted by the State of New
Hampshire. This revision establishes reasonably available control
technology (RACT) requirements for Fujifilm Dimatix Incorporated
located in Lebanon, NH. The intended effect of this action is to
approve the state's order for this facility into the New Hampshire SIP.
This action is being taken in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on March 16, 2023.

ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2022-0866. All documents in the docket
are listed on the https://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available at https://www.regulations.gov or at the U.S.
Environmental Protection Agency, EPA Region 1 Regional Office, Air and
Radiation Division, 5 Post Office Square--Suite 100, Boston, MA. EPA
requests that if at all possible, you contact the contact listed in the
FOR FURTHER INFORMATION CONTACT section to schedule your inspection.
The Regional Office's official hours of business are Monday through
Friday, 8:30 a.m. to

4:30 p.m., excluding legal holidays and facility closures due to COVID-
19.

FOR FURTHER INFORMATION CONTACT: Michele Kosin, Physical Scientist, Air
Quality Planning Unit, Air Programs Branch (Mail Code OEP5-MI), U.S.
Environmental Protection Agency, Region 1, 5 Post Office Square, Suite
100, Boston, Massachusetts 02109-3912;<PHONE_NUMBER>;
[email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.

Table of Contents

I. Background and Purpose
II. Final Action
III. Incorporation by Reference
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On November 15, 2022 (87 FR-68415), EPA published a notice of
proposed rulemaking (NPRM) for the State of New Hampshire. The NPRM
proposed approval of revisions to the New Hampshire SIP consisting of
an order establishing reasonably available control technology (RACT)
requirements to limit emissions of volatile organic compounds (VOCs)
for Fujifilm Dimatix, Inc. located in Lebanon, New Hampshire. The
formal SIP revision was submitted by New Hampshire on August 26, 2021.
    Other specific requirements of New Hampshire's RACT orders and the
rationale for EPA's proposed action are explained in the NPRM and will
not be restated here. No public comments were received on the NPRM.

II. Final Action

    EPA is approving RACT Order RO-0006, dated July 8, 2021,
establishing RACT for Fujifilm Dimatix, Inc. to limit emissions of VOCs
as a revision to the New Hampshire SIP.

III. Incorporation by Reference

    In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference RACT Order
RO-0006, dated July 8, 2021, issued to Fujifilm Dimatix, Inc.,
discussed in the Final Action section of this preamble. The EPA has
made, and will continue to make, these documents generally available
through https://www.regulations.gov and at the EPA Region 1 Office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the State
implementation plan, have been incorporated by reference by EPA into
that plan, are fully federally enforceable under sections 110 and 113
of the CAA as of the effective date of the final rulemaking of EPA's
approval, and will be incorporated by reference in the next update to
the SIP compilation.\1\
---------------------------------------------------------------------------

    \1\ 62 FR 27968 (May 22, 1997).
---------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
     Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Orders 12866 (58
FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, the SIP is not approved to apply on any Indian
reservation land or in any other area where EPA or an Indian tribe has
demonstrated that a tribe has jurisdiction. In those areas of Indian
country, the rule does not have tribal implications and will not impose
substantial direct costs on tribal governments or preempt tribal law as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000).
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by April 17, 2023. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Ozone, Reporting and recordkeeping requirements, Volatile
organic compounds.

    Dated: January 30, 2023.
David Cash,
Regional Administrator, EPA Region 1.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart EE--New Hampshire

0
2. In Sec.  52.1520(d), amend the table by adding an entry, at the end
of the table, for ``Fujifilm Dimatix Incorporated'' to read as follows:

Sec.  52.1520  Identification of plan.

* * * * *
    (d) * * *

                             EPA-Approved New Hampshire Source Specific Requirements
----------------------------------------------------------------------------------------------------------------
                                                                                Additional
          Name of source                Permit No.           State       EPA approval date    explanations/Sec.
                                                        effective date                         52.1535 citation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Fujifilm Dimatix Incorporated....  RACT Order RO-0006.        7/8/2021  2/14/2023, [Insert   VOC RACT Order.
                                                                         Federal Register
                                                                         citation].
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2023-02291 Filed 2-13-23; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 86, Number 219 (Wednesday, November 17, 2021)]
[Notices]
[Pages 64290-64291]
[FR Doc No: 2021-25060]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Agency Information Collection Activities: Requests for Comments;
Clearance of Renewed Approval of Information Collection: Generic
Clearance for Customer Interactions

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice and request for comments.

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

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 an information
collection. The Federal Register Notice with a 60-day comment period
soliciting comments on the following collection of information was
published on March 31, 2021. The collection is a part of the Federal
Government-wide effort to streamline the process to seek feedback from
the public.

DATES: Written comments should be submitted by December 17, 2021.

ADDRESSES: Send Comments to the FAA at the following address: Barbara
Hall, Federal Aviation Administration, ASP-110, 10101 Hillwood Parkway,
Fort Worth, TX 76177.

FOR FURTHER INFORMATION CONTACT: Barbara Hall at<PHONE_NUMBER>, or by
email at: [email protected].

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.
    OMB Control Number: 2120-0772.
    Title: Generic Clearance for Customer Interactions.
    Form Numbers: None.
    Type of Review: Renewal.
    Background: The Federal Register Notice with a 60-day comment
period soliciting comments on the following collection of information
was published on March 31, 2021 (86 FR 16833). Customer Interactions
provide the Federal Aviation Administration valuable information and
connect the agency to the public that we serve. In order to ensure a
timely and consistent process for Paperwork Reduction Act compliance,
the Federal Aviation Administration is proposing to develop a Generic
Information Collection Request to be utilized for Customer Interactions
that support the Agency's mission.
    Customer Interactions can support the Federal Aviation
Administration's mission by allowing the Agency to collect qualitative
and quantitative data that can help inform scientific research;
aviation assessments and monitoring efforts; validate models or tools;
and enhance the quantity and quality of data collected across
communities. Customer Interactions also create an avenue to incorporate
local knowledge and needs, and can contribute to increased data
sharing, open data, and government transparency. The Federal Aviation
Administration may sponsor the collection of this type of information
in connection with aviation projects. All such collections will follow
Agency policies and regulations. If a new collection is not within the
parameters of this generic Information Collection Request (ICR), the
Agency will submit a separate information collection request to Office
of Management and Budget (OMB) for approval.
    Collections under this generic ICR will be from volunteers who
participate on their own initiative through an open and transparent
process; the collections will be low-burden for participants;
collections will be low-cost for both the participants and the Federal
Government; and data will be available to support the endeavors of the
Agency, states, tribal or local entities where data collection occurs.
    Respondents: Approximately 110,000 Individuals and Households,
Businesses and Organizations, State, Local or Tribal Government.

    Frequency: Once per request.
    Estimated Average Burden per Response: 10 minutes.
    Estimated Total Annual Burden: 18,330 hours.

    Issued in Fort Worth, TX, on November 12, 2021.
Sandra L. Ray,
Aviation Safety Inspector.
[FR Doc. 2021-25060 Filed 11-16-21; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register: September 8, 2009 (Volume 74, Number 172)]
[Notices]
[Page 46257-46258]
[DOCID:fr08se09-135]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60585; File No. SR-CBOE-2009-053]

Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Permit FLEX Options on Securities Eligible for Non-FLEX
Options Trading and on Corporate Debt Securities

August 28, 2009.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that on August 19, 2009, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (the ``Commission'') the proposed rule change as
described in Items I and II below, which Items have been prepared by
the Exchange. The Exchange filed the proposal as ``non-controversial''
pursuant to Section 19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-
4(f)(6) thereunder, which renders it effective upon filing.\4\ 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.
    \3\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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

    CBOE is proposing to amend certain CBOE rules to (1) permit the
Exchange to list Flexible Exchange Options (``FLEX Options'') on
securities that are eligible for Non-FLEX options trading, even if the
Exchange does not list Non-FLEX options on such securities, and (2)
designate Corporate Debt Security Options as eligible for FLEX Options
trading. The text of the rule proposal is available on the Exchange's
website (http://www.cboe.org/legal), at the Exchange's Office of the
Secretary 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 first change being proposed by this filing is to permit CBOE to
list FLEX Options on securities that are eligible for Non-FLEX options
trading, even if the Exchange does not list Non-FLEX options on such
securities. Currently, CBOE's rules only permit FLEX Options on those
securities on which the Exchange lists and trades Non-FLEX options. For
various reasons, exchange traded options are not listed on every NMS
stock, index or other products approved for options trading. The
Exchange recognizes that market participants may want access to options
on such securities, in addition to the certainty and safeguards of a
regulated and standardized marketplace. As an alternative to the over-
the-counter marketplace, CBOE proposes to increase the spectrum of
products that are eligible for FLEX Options trading, even if the
Exchange does not list Non-FLEX options on such securities. In order to
effect this change, the Exchange is proposing to amend its Flexible
Exchange Options rules and other product rules (e.g., Range Options,
binary options, Credit Options) that currently designate such products
as eligible for FLEX Options trading to permit FLEX Options trading
even if Non-FLEX options on such securities are not traded.
    The second change being proposed by this filing is to designate
Corporate Debt Security Options as eligible for FLEX Option trading. To
effect this change, the Exchange is proposing to adopt new rule 28.17,
which is similar to other FLEX Option designation rules for other
products that have stand alone chapters (e.g., Range Options, binary
options, Credit Options). The Exchange would like to offer FLEX Option
trading on Corporate Debt Security Options as an alternative to similar
products trading in the over-the-counter marketplace.
2. Statutory Basis
    The Exchange believes the proposed rule change is consistent with
the Securities Exchange Act of 1934 (the ``Act'') \5\ and the rules and
regulations thereunder and, in particular, the requirements of Section
6(b) of the Act.\6\ Specifically, the Exchange believes the proposed
rule change is consistent with the Section 6(b)(5) \7\ requirements
that the rules of an exchange be designed to promote just and equitable
principles of trade, to prevent fraudulent and manipulative acts, to
remove impediments to and to perfect the mechanism for a free and open
market and a national market system, and, in general, to protect
investors and the public interest. The Exchange believes that the FLEX
Option changes proposed in this rule filing will provide market
investors with additional means to manage their risk exposures and
carry

out their investment objectives with exchange-traded products.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78s(b)(1).
    \6\ 15 U.S.C. 78f(b).
    \7\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

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

    CBOE does not believe that the proposed rule change will impose any
burden on competition 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

    Because the foregoing 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 after the date of this filing, or such
shorter time as the Commission may designate if consistent with the
protection of investors and the public interest, the proposed rule
change 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 provide the Commission
with written notice of its intent to file the proposed rule change,
along with a brief description and 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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    As for permitting FLEX Options on Corporate Debt Security Options,
the Exchange notes that new products brought up and approved by the SEC
during the past couple of years (e.g., Range Options, binary options,
Credit Options) have contained rules designating them as FLEX eligible.
As a result, the Exchange believes the proposed change is consistent
with existing rules for products and conforms the rules for Corporate
Debt Security Options to other existing product rules. For the
foregoing reasons, the Exchange believes the rule filing qualifies for
expedited effectiveness as a ``non-controversial'' rule change under
paragraph (f)(6) of Rule 19b-4 of the Act.
    At any time within 60 days of the filing of such proposed rule
change, the Commission may summarily abrogate 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.

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-CBOE-2009-053 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-CBOE-2009-053. 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 available publicly. All
submissions should refer to File No. SR-CBOE-2009-053 and should be
submitted on or before September 29, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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    \10\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-21582 Filed 9-4-09; 8:45 am]

BILLING CODE 8010-01-P