Federal Advisory Committee Meeting, 74543-74544 [2012-30137]
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Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Notices
the NAV and the Disclosed Portfolio
will be made available to all market
participants at the same time.20 In
addition, trading in the Shares will be
subject to BATS Rule 14.11(i)(4)(B)(iv),
which sets forth circumstances under
which Shares of the Fund may be
halted. The Exchange may halt trading
in the Shares if trading is not occurring
in the securities and/or the financial
instruments comprising the Disclosed
Portfolio of the Fund, or if other
unusual conditions or circumstances
detrimental to the maintenance of a fair
and orderly market are present.21
Further, the Commission notes that the
Reporting Authority that provides the
Disclosed Portfolio must implement and
maintain, or be subject to, procedures
designed to prevent the use and
dissemination of material, non-public
information regarding the actual
components of the portfolio.22 The
Exchange may obtain information via
the Intermarket Surveillance Group
(‘‘ISG’’) from other exchanges that are
members or affiliates of ISG or with
which the Exchange has entered into a
comprehensive surveillance sharing
agreement. The Exchange prohibits the
distribution of material, non-public
information by its employees. The
Exchange also states that the Adviser
and the Sub-Adviser are both affiliated
with multiple broker-dealers and have
both implemented fire walls with
respect to such broker-dealer affiliates
regarding access to information
concerning the composition and/or
changes to the Fund’s portfolio.23
20 See
BATS Rule 14.11(i)(4)(A)(ii).
BATS Rule 14.11(i)(4)(B)(iii) (providing
additional considerations for the suspension of
trading in or removal from listing of Managed Fund
Shares on the Exchange). With respect to trading
halts, the Exchange may consider other relevant
factors in exercising its discretion to halt or
suspend trading in the Shares of the Fund. Trading
in Shares of the Fund will be halted if the circuit
breaker parameters in BATS Rule 11.18 have been
reached. 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.
22 See BATS Rule 14.11(i)(4)(B)(ii)(b).
23 See supra note 6. The Commission notes that
an investment adviser to an open-end fund is
required to be registered under the Investment
Advisers Act of 1940 (‘‘Advisers Act’’). As a result,
the Adviser and the Sub-Adviser and their related
personnel are subject to the provisions of Rule
204A–1 under the Advisers Act relating to codes of
ethics. This Rule requires investment advisers to
adopt a code of ethics that reflects the fiduciary
nature of the relationship to clients as well as
compliance with other applicable securities laws.
Accordingly, procedures designed to prevent the
communication and misuse of non-public
information by an investment adviser must be
consistent with Rule 204A–1 under the Advisers
Act. In addition, Rule 206(4)–7 under the Advisers
Act makes it unlawful for an investment adviser to
provide investment advice to clients unless such
investment adviser has (i) adopted and
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21 See
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The Exchange 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 Shares will be subject to
BATS Rule 14.11(i), which sets forth the
initial and continued listing criteria
applicable to Managed Fund Shares.
(2) The Exchange has appropriate
rules to facilitate transactions in the
Shares during all trading sessions.
(3) The Exchange’s surveillance
procedures applicable to derivative
products, which include Managed Fund
Shares, 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.
(4) Prior to the commencement of
trading, the Exchange will inform its
members in an Information Circular of
the special characteristics and risks
associated with trading the Shares.
Specifically, the Information Circular
will discuss the following: (a) The
procedures for purchases and
redemptions of Shares in Creation Units
(and that Shares are not individually
redeemable); (b) BATS Rule 3.7, which
imposes suitability obligations on
Exchange members with respect to
recommending transactions in the
Shares to customers; (c) how
information regarding the Intraday
Indicative Value is disseminated; (d) the
risks involved in trading the Shares
during the Pre-Opening and After Hours
Trading Sessions when an updated
Intraday Indicative Value will not be
calculated or publicly disseminated; (e)
a reminder that there may be periods of
time during Regular Trading Hours
during which the Intraday Indicative
Value would be static to the extent
securities that comprise the Fund’s
holdings are not actively trading; (f) the
requirement that members deliver a
prospectus to investors purchasing
newly issued Shares prior to or
concurrently with the confirmation of a
transaction; and (g) trading information.
(5) For initial and/or continued
listing, the Fund must be in compliance
with Rule 10A–3 under the Exchange
Act.24
(6) Consistent with the Exemptive
Order, the Fund will not invest in
options, swaps, or futures. The Fund’s
investments will be consistent with its
investment objective and will not be
used to enhance leverage. The Fund will
not invest in equity securities.
(7) Countries must have at least $5
billion of outstanding debt principal
amounts at the beginning of the
calendar year in order to be included as
an eligible investment.
(8) The Fund expects that, under
normal circumstances, the securities
included in the Fund will be primarily
investment grade. In addition, the Fund
will not invest in distressed debt.
(9) The 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.
(10) A minimum of 100,000 Shares of
the Fund will be outstanding 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.
implemented written policies and procedures
reasonably designed to prevent violation, by the
investment adviser and its supervised persons, of
the Advisers Act and the Commission rules adopted
thereunder; (ii) implemented, at a minimum, an
annual review regarding the adequacy of the
policies and procedures established pursuant to
subparagraph (i) above and the effectiveness of their
implementation; and (iii) designated an individual
(who is a supervised person) responsible for
administering the policies and procedures adopted
under subparagraph (i) above.
AGENCY:
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IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,26 that the
proposed rule change (SR–BATS–2012–
042) 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. 2012–30165 Filed 12–13–12; 8:45 am]
BILLING CODE 8011–01–P
SMALL BUSINESS ADMINISTRATION
National Women’s Business Council
Federal Advisory Committee Meeting
U.S. Small Business
Administration.
ACTION: Notice of open Federal advisory
committee meeting.
24 17
CFR 240.10A–3.
U.S.C. 78f(b)(5).
26 15 U.S.C. 78s(b)(2).
27 17 CFR 200.30–3(a)(12).
25 15
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74544
Federal Register / Vol. 77, No. 241 / Friday, December 14, 2012 / Notices
SUMMARY: The SBA is issuing this notice
to announce the location, date, time,
and agenda for the next meeting of the
National Women’s Business Council
(NWBC). The meeting will be open to
the public.
The meeting will be held on
January 22, 2013 from approximately
11:30 a.m. to 2:00 p.m. EDT.
DATES:
The meeting will be held
via web teleconference.
ADDRESSES:
Participant Instructions
The web conference is scheduled to
begin at 11:30 a.m. Eastern Time on
January 22, 2013. You may join the web
conference 15 minutes prior to the
scheduled start by clicking Webinar
Login: https://emsp.intellor.com/login/
411593.
Dial-in: After you’ve connected your
computer, audio connection
instructions will be presented. If you
need technical support or additional
information regarding our events, please
visit our portal at https://
emsp.intellor.com/portal/sbaevents or
contact AT&T Connect Support at 1–
888–796–6118.
Teleconference option: day of event
dial 1–888–621–9649, when prompt
enter ID 411593.
Pursuant
to section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C.,
Appendix 2), SBA announces the
meeting of the National Women’s
Business Council. The National
Women’s Business Council is tasked
with providing policy recommendations
on issues of importance to women
business owners to the President,
Congress, and the SBA Administrator.
The purpose of the meeting is to
discuss NWBC’s 2013 action items and
the status of current research projects.
SUPPLEMENTARY INFORMATION:
The
meeting is open to the public however
advance notice of attendance is
requested. Anyone wishing to attend or
make a presentation to the NWBC must
either email their interest to
info@nwbc.gov or call the main office
number at 202–205–3850.
Those needing special
accommodation in order to attend or
participate in the meeting, please
contact 202–205–3850 no later than
January 15, 2013.
For more information, please visit our
Web site at www.nwbc.gov.
mstockstill on DSK4VPTVN1PROD with
FOR FURTHER INFORMATION CONTACT:
Notice.
SMALL BUSINESS ADMINISTRATION
ACTION:
Data Collection Available for Public
Comments and Recommendations
SUMMARY: This is a notice of an
Economic Injury Disaster Loan (EIDL)
declaration for the State of Nevada,
dated 12/04/2012.
Incident: Severe Thunderstorm and
Flash Flooding.
Incident Period: 09/11/2012.
Effective Date: 12/04/2012.
EIDL Loan Application Deadline Date:
09/04/2013.
ADDRESSES: Submit completed loan
applications to: U.S. Small Business
Administration, Processing and
Disbursement Center, 14925 Kingsport
Road, Fort Worth, TX 76155.
FOR FURTHER INFORMATION CONTACT: A.
Escobar, Office of Disaster Assistance,
U.S. Small Business Administration,
409 3rd Street SW., Suite 6050,
Washington, DC 20416.
SUPPLEMENTARY INFORMATION: Notice is
hereby given that as a result of the
Administrator’s EIDL declaration,
applications for economic injury
disaster loans may be filed at the
address listed above or other locally
announced locations.
The following areas have been
determined to be adversely affected by
the disaster:
Primary Counties: Clark.
Contiguous Counties:
Nevada: Lincoln, Nye.
Arizona: Mohave.
California: Inyo, San Bernardino.
The Interest Rates are:
60 Day Notice and request for
comments.
ACTION:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Small Business
Administration’s intentions to request
approval on a new and/or currently
approved information collection.
DATES: Submit comments on or before
February 12, 2013.
ADDRESSES: Send all comments
regarding whether this information
collection is necessary for the proper
performance of the function of the
agency, whether the burden estimates
are accurate, and if there are ways to
minimize the estimated burden and
enhance the quality of the collections, to
Jose Mendez, Case Management
Specialist, Office of Ombudsman, Small
Business Administration, 409 3rd Street,
6th Floor, Washington, DC 20416.
FOR FURTHER INFORMATION CONTACT: Jose
Mendez, Case Management Specialist,
mailto: 202-2057507%20%20gail.hepler@sba.gov 202–
205–6178 jose.mendez@sba.com Curtis
B. Rich, Management Analyst, 202–205–
7030 curtis.rich@sba.gov.
SUPPLEMENTARY INFORMATION: The Small
Business Regulatory Enforcement
Fairness Act of 1966, 15 U.S.C. Sec.
657(b)(2)(B), requires the SBA National
Ombudsman to establish a means for
SBA to receive comments on regulatory
and compliance actions from small
entities regarding their disagreements
with a Federal Agency action. The
Ombudsman uses it to obtain the
agency’s response, encourage a fresh
look by the agency at a high level, and
build a more small business-friendly
regulatory environment.
Title: Federal Agency Comment Form.
Description of Respondents: Small
Business Owners and Farmer.
Form Number: 1993.
Annual Responses: 400.
Annual Burden: 300.
Curtis Rich,
Management Analyst.
[FR Doc. 2012–30153 Filed 12–13–12; 8:45 am]
Percent
Businesses and Small Agricultural
Cooperatives Without Credit
Available Elsewhere ..................
Non-Profit Organizations Without
Credit Available Elsewhere .......
4.000
3.000
The number assigned to this disaster
for economic injury is 134060.
The States which received an EIDL
Declaration # are Nevada, Arizona,
California.
(Catalog of Federal Domestic Assistance
Number 59002)
Dated: December 4, 2012.
Karen G. Mills,
Administrator.
[FR Doc. 2012–30145 Filed 12–13–12; 8:45 am]
BILLING CODE 8025–01–P
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
SMALL BUSINESS ADMINISTRATION
Anie J. Borja,
Executive Director.
Nevada; Disaster #NV–00018
Declaration of Economic Injury
Eagle Fund III, L.P., License No. 07/07–
0116; Notice Seeking Exemption Under
Section 312 of the Small Business
Investment Act, Conflicts of Interest
[FR Doc. 2012–30137 Filed 12–13–12; 8:45 am]
AGENCY:
U.S. Small Business
Administration.
Notice is hereby given that Eagle
Fund III, L.P., 101 S. Hanley Road, Suite
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Agencies
[Federal Register Volume 77, Number 241 (Friday, December 14, 2012)]
[Notices]
[Pages 74543-74544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-30137]
=======================================================================
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SMALL BUSINESS ADMINISTRATION
National Women's Business Council
Federal Advisory Committee Meeting
AGENCY: U.S. Small Business Administration.
ACTION: Notice of open Federal advisory committee meeting.
-----------------------------------------------------------------------
[[Page 74544]]
SUMMARY: The SBA is issuing this notice to announce the location, date,
time, and agenda for the next meeting of the National Women's Business
Council (NWBC). The meeting will be open to the public.
DATES: The meeting will be held on January 22, 2013 from approximately
11:30 a.m. to 2:00 p.m. EDT.
ADDRESSES: The meeting will be held via web teleconference.
Participant Instructions
The web conference is scheduled to begin at 11:30 a.m. Eastern Time
on January 22, 2013. You may join the web conference 15 minutes prior
to the scheduled start by clicking Webinar Login: https://emsp.intellor.com/login/411593.
Dial-in: After you've connected your computer, audio connection
instructions will be presented. If you need technical support or
additional information regarding our events, please visit our portal at
https://emsp.intellor.com/portal/sbaevents or contact AT&T Connect
Support at 1-888-796-6118.
Teleconference option: day of event dial 1-888-621-9649, when
prompt enter ID 411593.
SUPPLEMENTARY INFORMATION: Pursuant to section 10(a)(2) of the Federal
Advisory Committee Act (5 U.S.C., Appendix 2), SBA announces the
meeting of the National Women's Business Council. The National Women's
Business Council is tasked with providing policy recommendations on
issues of importance to women business owners to the President,
Congress, and the SBA Administrator.
The purpose of the meeting is to discuss NWBC's 2013 action items
and the status of current research projects.
FOR FURTHER INFORMATION CONTACT: The meeting is open to the public
however advance notice of attendance is requested. Anyone wishing to
attend or make a presentation to the NWBC must either email their
interest to info@nwbc.gov or call the main office number at 202-205-
3850.
Those needing special accommodation in order to attend or
participate in the meeting, please contact 202-205-3850 no later than
January 15, 2013.
For more information, please visit our Web site at www.nwbc.gov.
Anie J. Borja,
Executive Director.
[FR Doc. 2012-30137 Filed 12-13-12; 8:45 am]
BILLING CODE P