Form Submitted to the Office of Management and Budget for Extension of Clearance, 65439-65440 [E8-26094]
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Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices
immediately notified by telephone and in
writing of the name of the specialist unit,
selected background information on the unit
and the reasons why the unit was selected.
Section 106.02 gives the reader the
impression that the Exchange is always
responsible for the selection of the
specialist unit (now DMM unit) to be
allocated a listing company’s security.
The Exchange proposes to clarify
Section 106.02 by amending it to
acknowledge that the company can
delegate the allocation decision to the
Exchange.
N. Provisions for Allocation of
Securities Issued by NYSE or its
Affiliates
Currently, Section IX of NYSE Rule
103B permits the NYSE, as the issuer of
its own security, to select the pool of
DMM units that it wishes to consider for
allocation of its security, instead of
having the DMM units be selected by
the Allocation Committee. Because the
Exchange proposes to eliminate the role
of the Allocation Committee, and
instead provide all issuers with the
ability to select the pool of eligible
DMM units that they wish to consider
for allocation of their securities, this
section of NYSE Rule 103B no longer is
necessary.
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III. Discussion and Findings
The Commission finds that the
proposed rule change, as modified by
Amendment Nos. 1, 2 and 3, is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a national
securities exchange.52 Specifically, the
Commission believes that the proposed
rule change is consistent with the
requirements of Section 6(b)(5) of the
Act,53 because it is designed to promote
just and equitable principles of trade, to
remove impediments to, and perfect the
mechanism of a free and open market
and, in general, to protect investors and
the public interest.
The Commission believes that it is
appropriate for the Exchange to
establish rules and procedures
governing the allocation of securities to
its DMM units. In this regard, the
Commission believes that the
Exchange’s proposal to establish an
allocation system based on an objective
measure, which would be used to
determine a DMM unit’s eligibility to
participate in the allocation process
based on its ability to meet a specific
quoting requirement, is reasonable and
52 In approving this rule, the Commission has
considered its impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
53 15 U.S.C. 78(f)(b)(5).
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consistent with the Act. The
Commission believes that it is important
for the Exchange to provide an
inducement to its market makers that
can help improve the quality of NYSE’s
market. By establishing objective criteria
for allocations of securities that are
based on the percentage that a DMM
unit maintained a bid and an offer at the
NBBO for a specified time period, the
Exchange will provide DMM units with
transparent and unambiguous standards
that they need to attain, if they wish to
receive security allocations. Moreover,
the Commission believes that greater
issuer participation in the allocation
and reallocation process may provide
the issuer with greater choice in the
assignment of a DMM unit and the
DMM unit with a greater incentive to
perform optimally.
The Commission also believes that it
is reasonable for the Exchange to
eliminate the use of the SPEQ, along
with several other performance
measures, including SuperDot
Turnaround and responses to
administrative messages, since these
performance criteria no longer are
meaningful in the context of security
allocations, given the Exchange’s
current electronic environment. The
Commission believes that it is
reasonable for the listed issuer to either
select a DMM unit or delegate such
selection to the Exchange Selection
Panel. Further, in the event of an
egregious situation that indicates a
security is to be reallocated, the
Commission notes that a DMM unit
would have the right to appeal any
reallocation decision to the Exchange’s
Board of Directors. Accordingly, the
Commission believes that the
Exchange’s proposed allocation and
reallocation process is reasonable and
consistent with the Act.
The Commission further believes that
it is reasonable for the Exchange to
codify its current practice in NYSE Rule
103B that a warrant issued by a listed
company and traded on the Exchange is
allocated to the DMM unit registered in
the underlying security of the listed
company. Further, the Commission
believes that it is reasonable for rights,
that are not considered by the Exchange
to be listed securities, to not be subject
to the NYSE Rule 103B, Section III
allocation process.
Lastly, the Commission believes that
it is reasonable and consistent with the
Act for a DMM unit that is ineligible to
receive a new allocation, pursuant to
proposed NYSE Rule 103B, Section
VI(A) through (D), due to its failure to
meet the requirements of proposed
NYSE Rule 103B, Sections II(D) and (E),
to remain eligible to receive an
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65439
allocation pursuant to proposed NYSE
Rule 103B, Section VI. Specifically, a
DMM unit that is ineligible to receive a
new allocation due to its failure to meet
the requirements of NYSE Rule 103B,
Section II(D) and (E) would remain
eligible to receive current allocation of
the spin-off company or current
allocation of the listing of related
companies, or current allocation of the
relisting of the listed company; or
current allocation of the common stock
listing after the preferred stock listing;
or the current allocation of certain types
of company listed mergers. The
Commission believes that there may be
less disruption to the allocation process
if the DMM unit were able to remain
eligible to receive securities allocations,
pursuant to NYSE Rule 103B, Section
VI, in those discreet instances discussed
above, even though the DMM unit may
not be otherwise eligible to receive new
securities allocations.
The Commission notes, however, that
if a DMM unit is ineligible from
participating in an allocation as set forth
in proposed NYSE Rule 103B, Section
III, at the time of a subsequent new
closed-end management fund
investment company listing (within the
designated nine-month period), that
DMM unit would not be included for
consideration for subsequent listings.
IV. Conclusion
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act, that the
proposed rule change (SR–NYSE–2008–
52), as modified by Amendment Nos. 1,
2 and 3, be, and it hereby is, approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.54
Florence E. Harmon,
Acting Secretary.
[FR Doc. E8–26106 Filed 10–31–08; 8:45 am]
BILLING CODE 8011–01–P
SELECTIVE SERVICE SYSTEM
Form Submitted to the Office of
Management and Budget for Extension
of Clearance
Selective Service System.
Notice.
AGENCY:
ACTION:
The following forms have been
submitted to the Office of Management
and Budget (OMB) for extension of
clearance in compliance with the
Paperwork Reduction Act (44 U.S.C.
Chapter 35):
54 17
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CFR 200.30–3(a)(12).
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65440
Federal Register / Vol. 73, No. 213 / Monday, November 3, 2008 / Notices
SSS Forms 2, 3A&B, 3C
Title: The Selective Service System
Change of Information, Correction/
Change Form and Registration Status
forms.
Need and/or Use: To insure the
accuracy and completeness of the
Selective Service registration data.
Respondents: Registrants are required
to report changes or corrections in data
submitted on SSS Form 1.
Frequency: When changes in a
registrant’s name or address occur.
Burden: The reporting burden is two
minutes or less per respondent.
SSS Form—402
Title: Uncompensated Registrar
Appointment Form.
Need and/or Use: Is used to verify the
official status of applicants for the
position of Uncompensated Registrars
and to establish authority for those
appointed to perform as Selective
Service System Registrars.
Respondents: United States citizens
over the age of 18.
Frequency: One-time.
Burden: The reporting burden is three
minutes or less per respondent.
Copies of the above identified form
can be obtained upon written request to
the Selective Service System, Reports
Clearance Officer, 1515 Wilson
Boulevard, Arlington, Virginia 22209–
2425.
Written comments and
recommendations for the proposed
extension of clearance of the form
should be sent within 30 days of the
publication of this notice to the
Selective Service System, Reports
Clearance Officer, 1515 Wilson
Boulevard, Arlington, Virginia 22209–
2425.
A copy of the comments should be
sent to the Office of Information and
Regulatory Affairs, Attention: Desk
Officer, Selective Service System, Office
of Management and Budget, New
Executive Office Building, Room 3235,
Washington, DC 20503.
Dated: October 15, 2008.
Ernest E. Garcia,
Deputy Director.
[FR Doc. E8–26094 Filed 10–31–08; 8:45 am]
SUMMARY: This is a notice of an
Administrative declaration of a disaster
for the State of California dated 10/28/
2008.
Incident: Marek and Sesnon Wildland
Fires.
Incident Period: 10/12/2008 and
continuing.
Effective Date: 10/28/2008.
Physical Loan Application Deadline
Date: 12/29/2008.
Economic Injury (EIDL) Loan
Application Deadline Date: 07/28/2009.
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 disaster declaration,
applications for 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: Los Angeles.
Contiguous Counties: California:
Kern, Orange, San Bernardino,
Ventura.
The Interest Rates are:
Homeowners with Credit Available
Elsewhere .................................
Homeowners without Credit Available Elsewhere .........................
Businesses with Credit Available
Elsewhere .................................
Businesses & Small Agricultural
Cooperatives without Credit
Available Elsewhere ..................
Other (Including Non-Profit Organizations) with Credit Available
Elsewhere .................................
Businesses and Non-Profit Organizations without Credit Available Elsewhere .........................
5.250
Herbert L. Mitchell,
Associate Administrator for Disaster
Assistance.
[FR Doc. E8–26151 Filed 10–31–08; 8:45 am]
4.000.
[Disaster Declaration # 11490 and # 11491]
sroberts on PROD1PC70 with NOTICES
U.S. Small Business
Administration.
ACTION: Notice.
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16:58 Oct 31, 2008
Jkt 217001
Dated: October 28, 2008.
Sandy K. Baruah,
Acting Administrator.
[FR Doc. E8–26167 Filed 10–31–08; 8:45 am]
BILLING CODE 8025–01–P
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U.S. Small Business
Administration.
ACTION: Amendment 1.
AGENCY:
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
AGENCY:
Indiana Disaster Number IN–00027
4.000
SMALL BUSINESS ADMINISTRATION
California Disaster # CA–00126
[Disaster Declaration # 11487]
SUMMARY: This is an amendment of the
Presidential declaration of a major
disaster for Public Assistance Only for
the State of Indiana (FEMA–1795–DR),
dated 09/23/2008.
Incident: Severe storms and flooding.
Incident Period: 09/12/2008 through
10/06/2008.
Effective Date: 10/24/2008.
Physical Loan Application Deadline
Date: 11/24/2008.
Economic Injury (EIDL) Loan
Application Deadline Date: 06/23/2009.
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: The notice
of the President’s major disaster
declaration for private non-profit
organizations in the state of Indiana,
dated 09/23/2008, is hereby amended to
include the following areas as adversely
affected by the disaster.
Percent
Primary Counties: Decatur, Dubois,
Floyd, Franklin, Gibson, Jackson,
Lawrence, Martin, Newton, Ohio,
5.750
Orange, Perry, Pike, Rush, Spencer,
2.875
Union, Vanderburgh, Warrick.
All other information in the original
8.000
declaration remains unchanged.
The number assigned to this disaster
for physical damage is 11490 5 and for
economic injury is 11491 0.
The State which received an EIDL
Declaration # is California.
BILLING CODE 8015–01–M
SMALL BUSINESS ADMINISTRATION
BILLING CODE 8025–01–P
SMALL BUSINESS ADMINISTRATION
[Disaster Declaration # 11479]
Kentucky Disaster Number KY–00017
U.S. Small Business
Administration.
ACTION: Amendment 1.
AGENCY:
SUMMARY: This is an amendment of the
Presidential declaration of a major
disaster for Public Assistance Only for
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Agencies
[Federal Register Volume 73, Number 213 (Monday, November 3, 2008)]
[Notices]
[Pages 65439-65440]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26094]
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SELECTIVE SERVICE SYSTEM
Form Submitted to the Office of Management and Budget for
Extension of Clearance
AGENCY: Selective Service System.
ACTION: Notice.
-----------------------------------------------------------------------
The following forms have been submitted to the Office of Management
and Budget (OMB) for extension of clearance in compliance with the
Paperwork Reduction Act (44 U.S.C. Chapter 35):
[[Page 65440]]
SSS Forms 2, 3A&B, 3C
Title: The Selective Service System Change of Information,
Correction/Change Form and Registration Status forms.
Need and/or Use: To insure the accuracy and completeness of the
Selective Service registration data.
Respondents: Registrants are required to report changes or
corrections in data submitted on SSS Form 1.
Frequency: When changes in a registrant's name or address occur.
Burden: The reporting burden is two minutes or less per respondent.
SSS Form--402
Title: Uncompensated Registrar Appointment Form.
Need and/or Use: Is used to verify the official status of
applicants for the position of Uncompensated Registrars and to
establish authority for those appointed to perform as Selective Service
System Registrars.
Respondents: United States citizens over the age of 18.
Frequency: One-time.
Burden: The reporting burden is three minutes or less per
respondent.
Copies of the above identified form can be obtained upon written
request to the Selective Service System, Reports Clearance Officer,
1515 Wilson Boulevard, Arlington, Virginia 22209-2425.
Written comments and recommendations for the proposed extension of
clearance of the form should be sent within 30 days of the publication
of this notice to the Selective Service System, Reports Clearance
Officer, 1515 Wilson Boulevard, Arlington, Virginia 22209-2425.
A copy of the comments should be sent to the Office of Information
and Regulatory Affairs, Attention: Desk Officer, Selective Service
System, Office of Management and Budget, New Executive Office Building,
Room 3235, Washington, DC 20503.
Dated: October 15, 2008.
Ernest E. Garcia,
Deputy Director.
[FR Doc. E8-26094 Filed 10-31-08; 8:45 am]
BILLING CODE 8015-01-M