Inspector General; Line of Succession Designation, No. 23-C, Revision 5, 38124-38125 [2012-15561]
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Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Notices
rmajette on DSK2TPTVN1PROD with NOTICES
In addition, each of the Manager, the
Commodity Sub-Advisor, and the
Collateral Sub-Advisor has represented
to the Exchange that it has erected and
maintains firewalls within its respective
institution to prevent the flow and/or
use of non-public information regarding
the portfolio of underlying securities
from the personnel involved in the
development and implementation of the
investment strategy to others such as
sales and trading personnel. The
Commodity Sub-Advisor, the Collateral
Sub-Advisor, any sub-adviser of either,
and the respective related personnel of
both are subject to the provisions of
Rule 204A–1 under the Advisers Act
relating to codes of ethics. Morningstar,
Inc. has erected and maintains
information firewalls between the group
which is responsible for the Index and
employees of its broker-dealer
subsidiary to prevent the flow and/or
use of material non-public information
regarding the Index from the personnel
responsible for the Index to employees
of the broker-dealer. The Exchange
states that it has a general policy
prohibiting the distribution of material,
non-public information by its
employees. The Commission also notes
that the Exchange is able to obtain
information with respect to the
underlying futures contracts and
options on futures contracts from the
exchanges listing and trading such
futures contracts and options on futures
contracts that are members of the
Intermarket Surveillance Group (‘‘ISG’’)
or with which the Exchange has entered
into a comprehensive surveillance
sharing agreement.23
The Exchange further represents that
the Shares are deemed 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 has made
representations, including:
(1) The Fund will be subject to the
criteria in NYSE Amex Rule 1602 for
initial and continued listing of the
Shares.
the Exchange may consider factors such as those set
forth in Rule 953NY(a), in addition to other factors
that may be relevant. Id.
23 The Exchange represents that it can obtain
market surveillance information, including
customer identity information, with respect to
transactions occurring on exchanges that are
members of ISG, including CME, CBOT, COMEX,
NYMEX (all of which are part of CME Group, Inc.),
and ICE Futures US. In addition, the Exchange
currently has in place a comprehensive surveillance
sharing agreement with each of CME, NYMEX, ICE
Futures Europe, and KCBOT for the purpose of
providing information in connection with trading in
or related to futures contracts or options on futures
contracts traded on those markets.
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(2) The Exchange’s surveillance
procedures are adequate to properly
monitor Exchange trading of the Shares
and to deter and detect violations of
Exchange rules and applicable federal
securities laws. All of the commodity
futures contracts and options on
commodity futures contracts in which
the Fund will invest will be traded on
regulated exchanges, and the Manager
has represented to the Exchange that,
while the Fund may invest in futures
contracts or options on futures contracts
which trade on markets that are not
members of ISG or with which the
Exchange does not have in place a
comprehensive surveillance sharing
agreement, such instruments will never
represent more than 10% of the Fund’s
holdings.
(3) The Exchange will distribute an
Information Circular (‘‘Circular’’) to its
members in connection with the trading
of the Shares. The Circular will discuss
the special characteristics and risks of
trading this type of security.
Specifically, the Circular, among other
things, will discuss what the Shares are,
the requirement that members and
member firms deliver a prospectus to
investors purchasing the Shares prior to
or concurrently with the confirmation of
a transaction during the initial public
offering, applicable NYSE Amex rules,
and trading information and applicable
suitability rules. The Circular will also
explain that the Fund is subject to
various fees and expenses described in
the Registration Statement. The Circular
will also reference the fact that there is
no regulated source of last sale
information regarding physical
commodities and note the respective
jurisdictions of the Commission and
CFTC. The Circular will also advise
members of their suitability obligations
with respect to recommended
transactions to customers in the Shares.
(4) For initial and continued listing of
the Shares, the Fund will be in
compliance with Rule 10A–3 under the
Act.24
(5) The Fund will not invest in swaps
or over-the-counter derivatives.
(6) The Fund’s commodity
investments will, at all times, be fully
collateralized, and the Fund’s
investments will be consistent with the
Fund’s investment objective and will
not be used to enhance leverage.
(7) A minimum of 2,000,000 Shares
will be required to be publicly
distributed at the commencement of
trading on the Exchange.
This approval order is based on all of
the Exchange’s representations and
description of the Fund, including those
set forth above and in the Notice.
For the foregoing reasons, the
Commission finds that the proposed
rule change is consistent with Section
6(b)(5) of the Act 25 and the rules and
regulations thereunder applicable to a
national securities exchange.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,26 that the
proposed rule change (SR–NYSEAmex–
2012–24) be, and it hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.27
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–15492 Filed 6–25–12; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
Inspector General; Line of Succession
Designation, No. 23–C, Revision 5
This document replaces and
supersedes ‘‘Delegation of Authority
and Line of Succession No. 23–C,
Revision 4.’’
Line of Succession Designation, No.
23–C, Revision 5:
Effective immediately, the Inspector
General’s Line of Succession
Designation is as follows:
(a) In the event of my inability to
perform the functions and duties of my
position, or my absence from the office,
the Deputy Inspector General, who is
the first assistant for purposes of the
Federal Vacancies Reform Act of 1998 (5
U.S.C. § 3345–3349d), will assume all
functions and duties of the Inspector
General. In the event the Deputy
Inspector General and I are both unable
to perform the functions and duties of
the position or are absent from our
offices, and in the absence of the
specific designation of another official
in writing by the Inspector General or
the Acting Inspector General, I designate
the officials in listed order below, if
they are eligible to act as Inspector
General under the provisions of the
Federal Vacancies Reform Act of 1998,
to serve as Acting Inspector General
with full authority to perform all acts
which the Inspector General is
authorized to perform:
(1) Assistant Inspector General for
Auditing;
(2) Assistant Inspector General for
Investigations;
25 15
U.S.C. 78f(b)(5).
U.S.C. 78s(b)(2).
27 17 CFR 200.30–3(a)(12).
26 15
24 See
PO 00000
17 CFR 240.10A–3.
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Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Notices
(3) Assistant Inspector General for
Management and Policy;
(4) Counsel to the Inspector General;
(5) Special Assistant to the Inspector
General; and
(6) Special Agent-in-Charge–Eastern,
Central, or Western Region (by
seniority).
(b) ‘‘Absence from the office,’’ as used
in reference to myself in paragraph (a)
above, means the following:
(1) I am not present in the office and
cannot be reasonably contacted by
phone or other electronic means, and
there is an immediate business necessity
for the exercise of my authority; or
(2) I am not present in the office and,
upon being contacted by phone or other
electronic means, I determine that I
cannot exercise my authority effectively
without being physically present in the
office.
(c) An individual serving in an acting
capacity in any of the positions listed in
subparagraphs (a)(1) through (6), unless
designated as such by the Inspector
General, is not included in this Line of
Succession. Instead, the next non-acting
incumbent in the Line of Succession
shall serve as Acting Inspector General.
(d) This designation shall remain in
full force and effect until revoked or
superseded in writing by the Inspector
General, or by the Deputy Inspector
General when serving as Acting
Inspector General.
(e) Serving as Acting Inspector
General has no effect on the officials
listed in subparagraphs (a)(1) through
(6), above, with respect to their full-time
position’s authorities, duties and
responsibilities (except that such official
cannot both recommend and approve an
action).
Dated: June 20, 2012.
Peggy E. Gustafson,
Inspector General.
[FR Doc. 2012–15561 Filed 6–25–12; 8:45 am]
BILLING CODE P
SMALL BUSINESS ADMINISTRATION
Annual Meeting of the Regional Small
Business Regulatory Fairness Boards
Office of the National Ombudsman
U.S. Small Business
Administration (SBA).
ACTION: Notice of open meeting of the
Regional Small Business Regulatory
Fairness Boards.
rmajette on DSK2TPTVN1PROD with NOTICES
AGENCY:
The SBA, Office of the
National Ombudsman is issuing this
notice to announce the location, date,
time and agenda for the annual board
meeting of the ten Regional Small
Business Regulatory Fairness Boards
SUMMARY:
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(Regional Regulatory Fairness Boards).
The meeting is open to the public.
DATES: The meeting will be held on the
following dates: Monday, July 16, 2012,
from 9 a.m. to 5 p.m. EST and on
Tuesday, July 17, 2012, from 9 a.m. to
7 p.m. EST.
ADDRESSES: The meeting will be at The
Westin Indianapolis Hotel, 50 South
Capital Avenue, Indianapolis, IN 46204,
in the Capitol 1 Room located on the
Main Lobby area.
SUPPLEMENTARY INFORMATION: Pursuant
to the Small Business Regulatory
Enforcement Fairness Act (Pub. L. 104–
121), Sec. 222, SBA announces the
meeting of the Regional Regulatory
Fairness Boards. The Regional
Regulatory Fairness Boards are tasked to
advise the National Ombudsman on
matters of concern to small businesses
relating to enforcement activities of
agencies and to report on substantiated
instances of excessive enforcement
against small business concerns,
including any findings or
recommendations of the Board as to
agency enforcement practice or policy.
The purpose of the meeting is to
discuss the following topics related to
the Regional Regulatory Fairness
Boards:
—RegFair Board Member Duties,
Responsibilities, and Standards of
Conducting Briefing.
—Board Relationships with the Field.
—ONO Highlights.
—Planning for and Logistics of
Hearings/Roundtables.
—Securing Comments and the Comment
Process.
—National Small Business Association
(NSBA) Update.
—Introduction of Chief Counsel, Office
of Advocacy.
—Introduction of Director of Field
Operations.
—Small Businesses: Creating and
Contributing to the Future.
—RegFair Board Members Present
Examples of Activities in their Regions.
—Federal Agency Partnerships: Existing
and Future.
—Introduction and Remarks by SBA
Deputy Administrator.
—Presentation of Certificates and
Photos.
—Board Member Travel
Reimbursement.
—Introduction of SBA Administrator.
—All Participants Join DD Conference.
FOR FURTHER INFORMATION CONTACT: The
meeting is open to the public; however
advance notice of attendance is
requested. Anyone wishing to attend
and/or make a presentation to the
Regulatory Fairness Boards must contact
Yolanda Swift by July 12, 2012, by fax
PO 00000
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38125
or email in order to be placed on the
agenda. Yolanda.swift@sba.gov, Deputy
National Ombudsman for Regulatory
Enforcement Fairness, Office of the
National Ombudsman, 409 3rd Street
SW., Suite 7125, Washington, DC 20416,
phone (202) 205–6918, fax (202) 401–
6128.
Additionally, if you need
accommodations because of a disability
or require additional information, please
´ ´
contact Jose Mendez, Case Management
Specialist, Office of the National
Ombudsman, 409 3rd Street SW., Suite
7125, Washington, DC 20416, phone
(202) 205–6178, fax (202) 401–2707,
email jose.mendez@sba.gov.
For more information on the Office of
the National Ombudsman, please visit
our Web site at https://www.sba.gov/
ombudsman.
Dated: June 20, 2012.
Dan Jones,
SBA Committee Management Officer.
[FR Doc. 2012–15578 Filed 6–25–12; 8:45 am]
BILLING CODE P
SMALL BUSINESS ADMINISTRATION
[License No. 09/79–0454]
Emergence Capital Partners SBIC,
L.P.; Notice Seeking Exemption Under
Section 312 of the Small Business
Investment Act, Conflicts of Interest
Notice is hereby given that Seacoast
Capital Partners III, L.P., 555 Ferncroft
Road, Danvers, MA 01923, a Federal
Licensee under the Small Business
Investment Act of 1958, as amended
(‘‘the Act’’), in connection with the
financing of a small concern, has sought
an exemption under Section 312 of the
Act and Section 107.730, Financings
which Constitute Conflicts of Interest of
the Small Business Administration
(‘‘SBA’’) Rules and Regulations (13 CFR
107.730). Seacoast Capital Partners III,
L.P., proposes to provide debt/equity
security financing to Fox Run Holdings,
Inc., 1907 Stout Drive, Warminster, PA
18974 (‘‘Fox Run’’).
The financing is brought within the
purview of § 107.730(a)(1) of the
Regulations because Seacoast Capital
Partners II, L.P. an Associate of Seacoast
Capital Partners III, L.P., own more than
ten percent of Fox Run, and therefore
this transaction is considered a
financing of an Associate requiring prior
SBA approval.
Notice is hereby given that any
interested person may submit written
comments on the transaction, within
fifteen days of the date of this
publication, to the Associate
Administrator for Investment, U.S.
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Agencies
[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Notices]
[Pages 38124-38125]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15561]
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SMALL BUSINESS ADMINISTRATION
Inspector General; Line of Succession Designation, No. 23-C,
Revision 5
This document replaces and supersedes ``Delegation of Authority and
Line of Succession No. 23-C, Revision 4.''
Line of Succession Designation, No. 23-C, Revision 5:
Effective immediately, the Inspector General's Line of Succession
Designation is as follows:
(a) In the event of my inability to perform the functions and
duties of my position, or my absence from the office, the Deputy
Inspector General, who is the first assistant for purposes of the
Federal Vacancies Reform Act of 1998 (5 U.S.C. Sec. 3345-3349d), will
assume all functions and duties of the Inspector General. In the event
the Deputy Inspector General and I are both unable to perform the
functions and duties of the position or are absent from our offices,
and in the absence of the specific designation of another official in
writing by the Inspector General or the Acting Inspector General, I
designate the officials in listed order below, if they are eligible to
act as Inspector General under the provisions of the Federal Vacancies
Reform Act of 1998, to serve as Acting Inspector General with full
authority to perform all acts which the Inspector General is authorized
to perform:
(1) Assistant Inspector General for Auditing;
(2) Assistant Inspector General for Investigations;
[[Page 38125]]
(3) Assistant Inspector General for Management and Policy;
(4) Counsel to the Inspector General;
(5) Special Assistant to the Inspector General; and
(6) Special Agent-in-Charge-Eastern, Central, or Western Region (by
seniority).
(b) ``Absence from the office,'' as used in reference to myself in
paragraph (a) above, means the following:
(1) I am not present in the office and cannot be reasonably
contacted by phone or other electronic means, and there is an immediate
business necessity for the exercise of my authority; or
(2) I am not present in the office and, upon being contacted by
phone or other electronic means, I determine that I cannot exercise my
authority effectively without being physically present in the office.
(c) An individual serving in an acting capacity in any of the
positions listed in subparagraphs (a)(1) through (6), unless designated
as such by the Inspector General, is not included in this Line of
Succession. Instead, the next non-acting incumbent in the Line of
Succession shall serve as Acting Inspector General.
(d) This designation shall remain in full force and effect until
revoked or superseded in writing by the Inspector General, or by the
Deputy Inspector General when serving as Acting Inspector General.
(e) Serving as Acting Inspector General has no effect on the
officials listed in subparagraphs (a)(1) through (6), above, with
respect to their full-time position's authorities, duties and
responsibilities (except that such official cannot both recommend and
approve an action).
Dated: June 20, 2012.
Peggy E. Gustafson,
Inspector General.
[FR Doc. 2012-15561 Filed 6-25-12; 8:45 am]
BILLING CODE P