36602 Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Notices 

14For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule change’s impact on efficiency, 

competition, and capital formation. See 15 U.S.C. 

78c(f). 15 17 CFR 200.30–3(a)(12). 

(2) take long and short positions in the 

securities in which it invests, but with 

additional flexibility to meet its stated 

investment objective by focusing on the 

relative performance between long and 

short positions in global regions, 

countries, styles, or sectors, rather than 

equal long and short dollar exposure or 

limited added directional exposure; and 

(3) assess the most relatively attractive 

or unattractive global regions and 

countries within those regions, 

respectively, but with a better 

opportunity to maximize potential 

returns for investors based primarily on 

the Adviser’s and Sub-Adviser’s 

assessment of such relative 

attractiveness or unattractiveness. The 

Commission further notes that, except 

for the changes noted herein, all other 

representations made in the Prior 

Release remain unchanged, including 

representations regarding 

implementation of ‘‘fire walls’’ by any 

additional Fund advisers and subadvisers affiliated with a broker-dealer 

and Underlying ETFs in which the Fund 

invests. In addition, the Fund will 

continue to comply with all initial and 

continued listing requirements under 

NYSE Arca Equities Rule 8.600. 

For the foregoing reasons, the 

Commission believes that the proposed 

change does not raise novel or unique 

regulatory issues that should delay the 

implementation of the Fund’s proposed 

changes. In addition, the Commission 

believes it is consistent with the 

protection of investors and the public 

interest to waive the 30-day operative 

delay, as a waiver would allow the 

Advisor and Sub-Advisor the flexibility 

to invest in ways they believe will result 

in greater returns for investors, with the 

goal of achieving average annual returns 

in excess of the total return of the Index, 

without undue delay.14 Accordingly, 

the Commission waives the 30-day 

operative delay requirement. 

At any time within 60 days of the 

filing of such proposed rule change, the 

Commission summarily may 

temporarily suspend such rule change if 

it appears to the Commission that such 

action is necessary or appropriate in the 

public interest, for the protection of 

investors, or otherwise in furtherance of 

the purposes of the Act. 

IV. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning the foregoing, 

including whether the proposed rule 

change is consistent with the Act. 

Comments may be submitted by any of 

the following methods: 

Electronic Comments 

• Use the Commission’s Internet 

comment form (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an email to rulecomments@sec.gov. Please include File 

Number SR–NYSEArca–2012–51 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–NYSEArca–2012–51. This 

file number should be included on the 

subject line if email is used. To help the 

Commission process and review your 

comments more efficiently, please use 

only one method. The Commission will 

post all comments on the Commission’s 

Internet Web site (http://www.sec.gov/ 

rules/sro.shtml). Copies of the 

submission, all subsequent 

amendments, all written statements 

with respect to the proposed rule 

change that are filed with the 

Commission, and all written 

communications relating to the 

proposed rule change between the 

Commission and any person, other than 

those that may be withheld from the 

public in accordance with the 

provisions of 5 U.S.C. 552, will be 

available for Web site viewing and 

printing in the Commission’s Public 

Reference Section, 100 F Street NE., 

Washington, DC 20549, on official 

business days between 10:00 a.m. and 

3:00 p.m. Copies of the filing will also 

be available for inspection and copying 

at the NYSE’s principal office and on its 

Internet Web site at www.nyse.com. All 

comments received will be posted 

without change; the Commission does 

not edit personal identifying 

information from submissions. You 

should submit only information that 

you wish to make available publicly. All 

submissions should refer to File 

Number SR–NYSEArca–2012–51 and 

should be submitted on or before July 

10, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–14849 Filed 6–18–12; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Public Notice for Waiver for 

Aeronautical Land-Use Assurance at 

Saline County Regional Airport, 

Benton, AR 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of Intent for Waiver of 

Aeronautical Land-Use. 

SUMMARY: The Federal Aviation 

Administration (FAA) is considering a 

proposal to change a portion of the 

airport from aeronautical use to 

nonaeronautical use and to authorize 

the conversion of the airport property. 

The proposal consists of one parcel of 

land containing a total of approximately 

3.19 acres located on the west side of 

the airport at the corner of Hazel Street 

and 4th Street. 

The parcel was originally acquired as 

part of a donation to the County of 

Saline in 1999. The land comprising 

this parcel is outside the forecasted 

need for aviation development and, 

thus, is no longer needed for indirect or 

direct aeronautical use. The airport 

wishes to develop this land for 

compatible commercial, 

nonaeronautical use. The income from 

the conversion of this parcel will benefit 

the aviation community by reinvestment 

in the airport. 

Approval does not constitute a 

commitment by the FAA to financially 

assist in the conversion of the subject 

airport property nor a determination of 

eligibility for grant-in-aid funding from 

the FAA. The disposition of proceeds 

from the conversion of the airport 

property will be in accordance with 

FAA’s Policy and Procedures 

Concerning the Use of Airport Revenue, 

published in the Federal Register on 

February 16, 1999. In accordance with 

Section 47107(h) of Title 49, United 

States Code, this notice is required to be 

published in the Federal Register 30 

days before modifying the land-use 

assurance that requires the property to 

be used for an aeronautical purpose. 

DATES: Comments must be received on 

or before July 19, 2012. 

ADDRESSES: Send comments on this 

document to Mr. Edward N. Agnew, 

Federal Aviation Administration, 

Manager, Arkansas/Oklahoma Airports 

Development Office, 2601 Meacham 

Boulevard, Fort Worth, TX 76137. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Mark Westbrook, Airport Chairman, 

Saline County Regional Airport 

Commission, P.O. Box 1628, Benton, AR 

72018, telephone (501) 672–9809, or Mr. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 118 / Tuesday, June 19, 2012 / Notices 36603 

John E. Michener, Federal Aviation 

Administration, Arkansas/Oklahoma 

Airports Development Program 

Manager, 2601 Meacham Boulevard, 

Fort Worth, TX 76137, telephone (817) 

222–5687, FAX (817) 222–5987. 

Documents reflecting this FAA action 

may be reviewed at the above locations. 

Issued in Fort Worth, Texas, on June 7, 

2012. 

Joseph G. Washington, 

Acting Manager, Airports Division, FAA, 

Southwest Region. 

[FR Doc. 2012–14864 Filed 6–18–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Railroad Administration 

[Docket No. FRA 2012–0006–N–6] 

Proposed Agency Information 

Collection Activities; Comment 

Request 

AGENCY: Federal Railroad 

Administration, DOT. 

ACTION: Notice and Request for 

Comments. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Requirements (ICRs) 

abstracted below have been forwarded 

to the Office of Management and Budget 

(OMB) for review and comment. The 

ICRs describes the nature of the 

information collection and their 

expected burden. The Federal Register 

notice with a 60-day comment period 

soliciting comments on the following 

collection of information was published 

on April 4, 2012 (77 FR 20478). 

DATES: Comments must be submitted on 

or before July 19, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Robert Brogan, Office of Safety, 

Planning and Evaluation Division, RRS– 

21, Federal Railroad Administration, 

1200 New Jersey Ave. SE., Mail Stop 17, 

Washington, DC 20590 (telephone: (202) 

493–6292), or Ms. Kimberly Toone, 

Office of Information Technology, RAD– 

20, Federal Railroad Administration, 

1200 New Jersey Ave. SE., Mail Stop 35, 

Washington, DC 20590 (telephone: (202) 

493–6132). (These telephone numbers 

are not toll-free.) 

SUPPLEMENTARY INFORMATION: 

The Paperwork Reduction Act of 1995 

(PRA), Public Law 104–13, Section 2, 

109 Stat. 163 (1995) (codified as revised 

at 44 U.S.C. 3501–3520), and its 

implementing regulations, 5 CFR part 

1320, require Federal agencies to issue 

two notices seeking public comment on 

information collection activities before 

OMB may approve paperwork packages. 

44 U.S.C. 3506, 3507; 5 CFR 1320.5, 

1320.8(d)(1), 1320.12. On April 4, 2012, 

FRA published a 60-day notice in the 

Federal Register soliciting comment on 

ICRs for which the agency was seeking 

OMB approval. 77 FR 20478. FRA 

received no comments in response to 

this notice. 

Before OMB decides whether to 

approve a proposed collection of 

information, it must provide 30 days for 

public comment. 44 U.S.C. 3507(b); 5 

CFR 1320.12(d). Federal law requires 

OMB to approve or disapprove 

paperwork packages between 30 and 60 

days after the 30 day notice is 

published. 44 U.S.C. 3507 (b)-(c); 5 CFR 

1320.12(d); see also 60 FR 44978, 44983, 

Aug. 29, 1995. OMB believes that the 30 

day notice informs the regulated 

community to file relevant comments 

and affords the agency adequate time to 

digest public comments before it 

renders a decision. 60 FR 44983, Aug. 

29, 1995. Therefore, respondents should 

submit their respective comments to 

OMB within 30 days of publication to 

best ensure having their full effect. 5 

CFR 1320.12(c); see also 60 FR 44983, 

Aug. 29, 1995. 

The summary below describes the 

nature of the information collection 

requirements (ICRs) and the expected 

burden, and are being submitted for 

clearance by OMB as required by the 

PRA. 

Title: Railroad Signal System 

Requirements. 

OMB Control Number: 2130–0006. 

Type of Request: Extension with 

change of a previously approved 

information collection. 

Affected Public: 754 Railroads. 

Abstract: The regulations pertaining 

to railroad signal systems are contained 

in 49 CFR Parts 233 (Signal System 

Reporting Requirements), 235 

(Instructions Governing Applications 

For Approval of A Discontinuance or 

Material Modification of a Signal 

System), and 236 (Rules, Standards, and 

Instructions Governing the Installation, 

Inspection, Maintenance, and Repair of 

Systems, Devices, and Appliances). 

Section 233.5 provides that each 

railroad must report to FRA within 24 

hours after learning of an accident or 

incident arising from the failure of a 

signal appliance, device, method, or 

system to function or indicate as 

required by Part 236 of this Title that 

results in a more favorable aspect than 

intended or other condition hazardous 

to the movement of a train. Section 

233.7 sets forth the specific 

requirements for reporting signal 

failures within 15 days in accordance 

with the instructions printed on Form 

FRA F 6180.14. Finally, Section 233.9 

sets forth the specific requirements for 

the ‘‘Signal System Five Year Report.’’ 

It requires that every five years each 

railroad must file a signal system status 

report. The report is to be prepared on 

a form issued by FRA in accordance 

with the instructions and definitions 

provided. Title 49, Part 235 of the Code 

of Federal Regulations, sets forth the 

specific conditions under which FRA 

approval of modification or 

discontinuance of railroad signal 

systems is required and prescribes the 

methods available to seek such 

approval. The application process 

prescribed under Part 235 provides a 

vehicle enabling FRA to obtain the 

necessary information to make logical 

and informed decisions concerning 

carrier requests to modify or 

discontinue signaling systems. Section 

235.5 requires railroads to apply for 

FRA approval to discontinue or 

materially modify railroad signaling 

systems. Section 235.7 defines material 

modifications and identifies those 

changes that do not require agency 

approval. Section 235.8 provides that 

any railroad may petition FRA to seek 

relief from the requirements under 49 

CFR part 236. Sections 235.10, 235.12, 

and 235.13 describe where the petition 

must be submitted, what information 

must be included, the organizational 

format, and the official authorized to 

sign the application. Section 235.20 sets 

forth the process for protesting the 

granting of a carrier application for 

signal changes or relief from the rules, 

standards, and instructions. This section 

provides the information that must be 

included in the protest, the address for 

filing the protest, the item limit for 

filing the protest, and the requirement 

that a person requesting a public 

hearing explain the need for such a 

forum. Section 236. 110 requires that 

the test results of certain signaling 

apparatus be recorded and specifically 

identify the tests required under 

sections 236.102–109; sections 236.377– 

236.387; sections 236.576; 236.577; and 

section 236.586–589. Section 236.110 

further provides that the test results 

must be recorded on pre-printed or 

computerized forms provided by the 

carrier and that the forms show the 

name of the railroad, place and date of 

the test conducted, equipment tested, 

test results, repairs, and the condition of 

the apparatus. This section also requires 

that the employee conducting the test 

must sign the form and that the record 

be retained at the office of the 

supervisory official having the proper 


srobinson on DSK4SPTVN1PROD with NOTICES