7504 Federal Register / Vol. 80, No. 27 / Tuesday, February 10, 2015 / Notices 

Pavlik-Simon, 100 F Street NE., 

Washington, DC 20549; or send an email 

to: PRA_Mailbox@sec.gov. 

Dated: February 4, 2015. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2015–02615 Filed 2–9–15; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

Proposed Collection; Comment 

Request 

Upon Written Request Copies Available 

From: Securities and Exchange 

Commission, Office of FOIA Services, 

100 F Street NE., Washington, DC 

20549–2736. 

Extension: 

Form 10–Q; SEC File No. 270–051, OMB 

Control No. 3235–0064. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) is soliciting comments 

on the collection of information 

summarized below. The Commission 

plans to submit this existing collection 

of information to the Office of 

Management and Budget for approval of 

extensions on the following: 

Form 10–Q (17 CFR 249.308a) is filed 

by issuers of securities to satisfy their 

quarterly reporting obligations pursuant 

to Sections 13 or 15(d) of the Exchange 

Act (‘‘Exchange Act’’) (15 U.S.C. 78m or 

78o(d)). The information provided by 

Form 10–Q is intended to ensure the 

adequacy of information available to 

investors about an issuer. Form 10–Q 

takes approximately 187.43 hours per 

response to prepare and is filed by 

approximately 22,907 respondents. We 

estimated that 75% of the 

approximately 187.43 hours per 

response (140.57 hours) is prepared by 

the company for an annual reporting 

burden of 3,220,037 hours (140.57 hours 

per response × 22,907 responses). 

Written comments are invited on: (a) 

Whether the proposed collection of 

information is necessary for the proper 

performance of the functions of the 

agency, including whether the 

information will have practical utility; 

(b) the accuracy of the agency’s estimate 

of burden of the collection of 

information; (c) ways to enhance the 

quality, utility, and clarity of the 

information collected; and (d) ways to 

minimize the burden of the collection of 

information on respondents, including 

through the use of automated collection 

techniques or other forms of information 

technology. Consideration will be given 

to comments and suggestions submitted 

in writing within 60 days of this 

publication. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid 

control number. 

Please direct your written comments 

to Pamela Dyson, Acting Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Remi PavlikSimon, 100 F Street NE., Washington, 

DC 20549 or send an email to: 

PRA_Mailbox@sec.gov. 

Dated: February 4, 2015. 

Brent J. Fields, 

Secretary. 

[FR Doc. 2015–02616 Filed 2–9–15; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Investment Company Act Release No. 

31446; 812–14234] 

Exceed Advisory LLC and Exceed 

ETFs; Notice of Application 

February 4, 2015. 

AGENCY: Securities and Exchange 

Commission (‘‘Commission’’). 

ACTION: Notice of an application for an 

order under section 6(c) of the 

Investment Company Act of 1940 

(‘‘Act’’) for an exemption from sections 

2(a)(32), 5(a)(1), 22(d) and 22(e) of the 

Act and rule 22c–1 under the Act, under 

sections 6(c) and 17(b) of the Act for an 

exemption from sections 17(a)(1) and 

(a)(2) of the Act, and under section 

12(d)(1)(J) of the Act for an exemption 

from sections 12(d)(1)(A) and (B) of the 

Act. 

APPLICANTS: Exceed Advisory LLC 

(‘‘Exceed’’) and Exceed ETFs (the 

‘‘Trust’’). 

SUMMARY OF APPLICATION: Applicants 

request an order that permits: (a) 

Actively-managed series of certain 

open-end management investment 

companies to issue shares (‘‘Shares’’) 

redeemable in large aggregations only 

(‘‘Creation Units’’); (b) secondary market 

transactions in Shares to occur at 

negotiated market prices; (c) certain 

series to pay redemption proceeds, 

under certain circumstances, more than 

seven days from the tender of Shares for 

redemption; (d) certain affiliated 

persons of the series to deposit 

securities into, and receive securities 

from, the series in connection with the 

purchase and redemption of Creation 

Units; and (e) certain registered 

management investment companies and 

unit investment trusts outside of the 

same group of investment companies as 

the series to acquire Shares. 

FILING DATES: The application was filed 

on November 14, 2013. 

HEARING OR NOTIFICATION OF HEARING: An 

order granting the requested relief will 

be issued unless the Commission orders 

a hearing. Interested persons may 

request a hearing by writing to the 

Commission’s Secretary and serving 

applicants with a copy of the request, 

personally or by mail. Hearing requests 

should be received by the Commission 

by 5:30 p.m. on March 2, 2015, and 

should be accompanied by proof of 

service on applicants, in the form of an 

affidavit or, for lawyers, a certificate of 

service. Pursuant to rule 0–5 under the 

Act, hearing requests should state the 

nature of the writer’s interest, any facts 

bearing upon the desirability of a 

hearing on the matter, the reason for the 

request, and the issues contested. 

Persons who wish to be notified of a 

hearing may request notification by 

writing to the Commission’s Secretary. 

ADDRESSES: Brent J. Fields, Secretary, 

U.S. Securities and Exchange 

Commission, 100 F Street NE., 

Washington, DC 20549–1090. 

Applicants: Exceed and the Trust: 

Exceed Advisory LLC, 10 West 46th 

Street, #4A, New York, New York 

10036. 

FOR FURTHER INFORMATION CONTACT: 

Kieran G. Brown, Senior Counsel, at 

(202) 551–6773 or Daniele Marchesani, 

Branch Chief, at (202) 551–6821 

(Division of Investment Management, 

Chief Counsel’s Office). 

SUPPLEMENTARY INFORMATION: The 

following is a summary of the 

application. The complete application 

may be obtained via the Commission’s 

Web site by searching for the file 

number, or for an applicant using the 

Company name box, at http://

www.sec.gov/search/search.htm or by 

calling (202) 551–8090. 

Applicants’ Representations 

1. The Trust is a statutory trust 

organized under the laws of Delaware 

and will register with the Commission 

as an open-end management investment 

company. Applicants currently intend 

that the initial series of the Trust that 

will rely on the order will be the Exceed 

Market Opportunity ETF (the ‘‘Initial 

Fund’’), which will seek to protect 

against a portion of market losses and to 

provide enhanced returns on market 

gains up to a maximum return at the 

end of a specified term. To achieve its 

investment objective, under normal 

market conditions, the Initial Fund will 


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