Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving Proposed Rule Change, as Modified by Amendment No. 1, To Adopt FINRA Rules 2262 (Disclosure of Control Relationship With Issuer), 2269 (Disclosure of Participation or Interest in Primary or Secondary Distribution) and 5260 (Prohibition on Transactions, Publication of Quotations, or Publication of Indications of Interest During Trading Halts) in the Consolidated FINRA Rulebook, 48117-48118 [E9-22514]

Download as PDF Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others Written comments were neither solicited nor received. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 7 and Rule 19b– 4(f)(6) thereunder.8 At any time within 60 days of the filing of the proposed rule change, the Commission may summarily abrogate 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: mstockstill on DSKH9S0YB1PROD with NOTICES Electronic Comments • Use the Commission’s Internet comment form (https://www.sec.gov/ rules/sro.shtml); or • Send an e-mail to rulecomments@sec.gov. Please include File Number SR–BX–2009–053 on the subject line. Paper Comments • Send paper comments in triplicate to Elizabeth M. Murphy, Secretary, Securities and Exchange Commission, Station Place, 100 F Street, NE., Washington, DC 20549–1090. All submissions should refer to File Number SR–BX–2009–053. This file number should be included on the subject line if e-mail 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 (https://www.sec.gov/ rules/sro.shtml). Copies of the submission, all subsequent 7 15 8 17 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). VerDate Nov<24>2008 17:24 Sep 18, 2009 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 inspection and copying in the Commission’s Public Reference Room, 100 F Street, NE., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. 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 publicly available. All submissions should refer to File Number SR–BX–2009–053 and should be submitted on or before October 13, 2009. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–22682 Filed 9–18–09; 8:45 am] BILLING CODE 8010–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–60659; File No. SR–FINRA– 2009–044] Self-Regulatory Organizations; Financial Industry Regulatory Authority, Inc.; Order Approving Proposed Rule Change, as Modified by Amendment No. 1, To Adopt FINRA Rules 2262 (Disclosure of Control Relationship With Issuer), 2269 (Disclosure of Participation or Interest in Primary or Secondary Distribution) and 5260 (Prohibition on Transactions, Publication of Quotations, or Publication of Indications of Interest During Trading Halts) in the Consolidated FINRA Rulebook thereunder,2 a proposed rule change to adopt without material change NASD Rules 2240 (Disclosure of Control Relationship with Issuer), 2250 (Disclosure of Participation or Interest in Primary or Secondary Distribution) and 3340 (Prohibition on Transactions, Publication of Quotations, or Publication of Indications of Interest During Trading Halts) as FINRA rules in the Consolidated FINRA Rulebook and to delete NYSE Rules 312(f)(1) through 312(f)(3) and 321.24. The proposed rule change would renumber NASD Rules 2240, 2250 and 3340 as FINRA Rules 2262, 2269 and 5260, respectively, in the Consolidated FINRA Rulebook. The proposed rule change was published for comment in the Federal Register on July 24, 2009.3 FINRA filed Amendment No. 1 to the proposed rule change on September 11, 2009.4 The Commission received no comment letters on the proposed rule change. This order approves the proposed rule change, as modified by Amendment No. 1. After careful review, the Commission finds that the proposed rule change is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities association.5 In particular, the Commission finds that the proposed rule change is consistent with the provisions of Section 15A(b)(6) of the Act,6 which requires, among other things, that FINRA rules be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. The Commission believes that transferring NASD Rules 2240 and 2250 into the Consolidated FINRA Rulebook as FINRA Rules 2262 and 2269 will ensure that disclosures or notifications that member firms must provide to customers in connection with certain securities transactions will continue to be made. These rules are intended to provide disclosure to a customer about certain relationships involving the member that may present a conflict of interest. The Commission believes that repealing NYSE Rules 312(f) and 321.24 September 11, 2009. On June 29, 2009, Financial Industry Regulatory Authority, Inc. (‘‘FINRA’’) (f/ k/a National Association of Securities Dealers, Inc. (‘‘NASD’’)) filed with the Securities and Exchange Commission (‘‘Commission’’), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 9 17 1 15 Jkt 217001 48117 PO 00000 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). Frm 00067 Fmt 4703 Sfmt 4703 2 17 CFR 240.19b–4. Securities Exchange Act Release No. 60330 (July 17, 2009), 74 FR 36787. 4 Amendment No. 1 is a technical amendment that clarifies that the proposed rule change would not change Incorporated NYSE Rule 312(h); therefore, Amendment No. 1 does not require notice and comment. 5 In approving this proposal, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 6 15 U.S.C. 78o–3(b)(6). 3 See E:\FR\FM\21SEN1.SGM 21SEN1 48118 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Notices is appropriate because the purposes they serve are addressed by proposed FINRA Rules 2262 and 2269, other FINRA rules or Commission Rules. The Commission believes that transferring NASD Rule 3340 into the Consolidated FINRA Rulebook as FINRA Rule 5260 will ensure that members are aware that the trading and quoting conduct prohibited by this rule when a trading halt is in effect will continue to be prohibited under the new FINRA rules. The proposed rule change makes nonmaterial changes to NASD rules that have been useful in protecting investors. It is therefore ordered, pursuant to Section 19(b)(2) of the Act,7 that the proposed rule change, as modified by Amendment No. 1 (SR–FINRA–2009– 044) be, and hereby is, approved. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8 Florence E. Harmon, Deputy Secretary. [FR Doc. E9–22514 Filed 9–18–09; 8:45 am] BILLING CODE 8010–01–P DEPARTMENT OF STATE [Public Notice 6766] Notice of Request for Public Comment and Submission to OMB of Proposed Collection of Information mstockstill on DSKH9S0YB1PROD with NOTICES Title: 30-Day Notice of Proposed Information Collection: DS–3013 and 3013–s, Application Under the Hague Convention on the Civil Aspects of International Child Abduction, OMB 1405–0076. ACTION: Notice of request for public comment and submission to OMB of proposed collection of information. SUMMARY: The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. • Title of Information Collection: Application Under the Hague Convention on the Civil Aspects of International Child Abduction. • OMB Control Number: 1405–0076. • Type of Request: Revision. • Originating Office: CA/OCS/PRI. • Form Number: DS–3013, 3013–s. • Respondents: Person seeking return of, or access to, a child. • Estimated Number of Respondents: 2,355. • Estimated Number of Responses: 2,355. 7 15 8 17 U.S.C. 78s(b)(2). CFR 200.30–3(a)(12). VerDate Nov<24>2008 17:24 Sep 18, 2009 Jkt 217001 • Average Hours per Response: 1 hour. • Total Estimated Burden: 2,355. • Frequency: On occasion. • Obligation to Respond: Voluntary. DATES: Submit comments to the Office of Management and Budget (OMB) for up to 30 days from September 21, 2009. ADDRESSES: Direct comments to the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget (OMB). You may submit comments by the following methods: • E-mail: oira_submission@omb.eop.gov. You must include the DS form number, information collection title, and OMB control number in the subject line of your message. • Fax: 202–395–5806. Attention: Desk Officer for Department of State. FOR FURTHER INFORMATION CONTACT: You may obtain copies of the proposed information collection and supporting documents from Derek A. Rivers, Bureau of Consular Affairs, Overseas Citizens Services (CA/OCS/PRI), U.S. Department of State, SA–29, 4th Floor, Washington, DC 20520, who may be reached on (202) 736–9082 or at ASKPRI@state.gov. SUPPLEMENTARY INFORMATION: We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary to properly perform our functions; • Evaluate the accuracy of our estimate of the burden of the proposed collection; including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; • Minimize the reporting burden on those who are to respond. Abstract of proposed collection: The Application Under the Hague Convention on the Civil Aspects of International Child Abduction (DS–3013 and DS 3013–s) is used by parents or legal guardians who are asking the State Department’s assistance in seeking the return of, or access to, a child or children alleged to be wrongfully removed from, or retained outside of, the child’s habitual residence and currently located in another country that is also party to the Hague Convention on the Civil Aspects of International Child Abduction. The application requests information regarding the identities of the applicant, the child or children, and the person alleged to have wrongfully removed or retained the child or children. In addition, the application requires that PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 the applicant provide the circumstances of the alleged wrongful removal or retention, and the legal justification for the request for return or access. The State Department, as the U.S. Central Authority, uses this information to establish, if possible, the applicants’ claims under the Convention; to advise applicants about available remedies under the Convention; and to provide the information necessary to the foreign Central Authority in its efforts to locate the child or children, and to facilitate return of or access to the child or children pursuant to the Convention. Methodology: The completed form DS–3013 and DS 3013–s may be filled out electronically or manually and then submitted to the Office of Children’s Issues by e-mail, mail, or fax. Dated: August 4, 2009. Mary Ellen Hickey, Managing Director, Bureau of Consular Affairs, Department f State. [FR Doc. E9–22638 Filed 9–18–09; 8:45 am] BILLING CODE 4710–06–P DEPARTMENT OF STATE [Public Notice 6763] Culturally Significant Object Imported for Exhibition Determinations: ‘‘Caravaggio’s, The Supper at Emmaus’’ SUMMARY: Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236 of October 19, 1999, as amended, and Delegation of Authority No. 257 of April 15, 2003 [68 FR 19875], I hereby determine that the object in the exhibition: ‘‘Caravaggio’s, The Supper at Emmaus,’’ imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at the Art Institute of Chicago, Chicago, IL, from on or about October 8, 2009, until on or about January 31, 2010, and at possible additional exhibitions or venues yet to be determined, is in the national interest. Public Notice of these Determinations is ordered to be published in the Federal Register. E:\FR\FM\21SEN1.SGM 21SEN1

Agencies

[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Notices]
[Pages 48117-48118]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22514]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-60659; File No. SR-FINRA-2009-044]


Self-Regulatory Organizations; Financial Industry Regulatory 
Authority, Inc.; Order Approving Proposed Rule Change, as Modified by 
Amendment No. 1, To Adopt FINRA Rules 2262 (Disclosure of Control 
Relationship With Issuer), 2269 (Disclosure of Participation or 
Interest in Primary or Secondary Distribution) and 5260 (Prohibition on 
Transactions, Publication of Quotations, or Publication of Indications 
of Interest During Trading Halts) in the Consolidated FINRA Rulebook

September 11, 2009.
    On June 29, 2009, Financial Industry Regulatory Authority, Inc. 
(``FINRA'') (f/k/a National Association of Securities Dealers, Inc. 
(``NASD'')) filed with the Securities and Exchange Commission 
(``Commission''), pursuant to Section 19(b)(1) of the Securities 
Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4 thereunder,\2\ a 
proposed rule change to adopt without material change NASD Rules 2240 
(Disclosure of Control Relationship with Issuer), 2250 (Disclosure of 
Participation or Interest in Primary or Secondary Distribution) and 
3340 (Prohibition on Transactions, Publication of Quotations, or 
Publication of Indications of Interest During Trading Halts) as FINRA 
rules in the Consolidated FINRA Rulebook and to delete NYSE Rules 
312(f)(1) through 312(f)(3) and 321.24. The proposed rule change would 
renumber NASD Rules 2240, 2250 and 3340 as FINRA Rules 2262, 2269 and 
5260, respectively, in the Consolidated FINRA Rulebook.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

    The proposed rule change was published for comment in the Federal 
Register on July 24, 2009.\3\ FINRA filed Amendment No. 1 to the 
proposed rule change on September 11, 2009.\4\ The Commission received 
no comment letters on the proposed rule change. This order approves the 
proposed rule change, as modified by Amendment No. 1.
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 60330 (July 17, 
2009), 74 FR 36787.
    \4\ Amendment No. 1 is a technical amendment that clarifies that 
the proposed rule change would not change Incorporated NYSE Rule 
312(h); therefore, Amendment No. 1 does not require notice and 
comment.
---------------------------------------------------------------------------

    After careful review, the Commission finds that the proposed rule 
change is consistent with the requirements of the Act and the rules and 
regulations thereunder applicable to a national securities 
association.\5\ In particular, the Commission finds that the proposed 
rule change is consistent with the provisions of Section 15A(b)(6) of 
the Act,\6\ which requires, among other things, that FINRA rules be 
designed to prevent fraudulent and manipulative acts and practices, to 
promote just and equitable principles of trade, and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \5\ In approving this proposal, the Commission has considered 
the proposed rule's impact on efficiency, competition, and capital 
formation. See 15 U.S.C. 78c(f).
    \6\ 15 U.S.C. 78o-3(b)(6).
---------------------------------------------------------------------------

    The Commission believes that transferring NASD Rules 2240 and 2250 
into the Consolidated FINRA Rulebook as FINRA Rules 2262 and 2269 will 
ensure that disclosures or notifications that member firms must provide 
to customers in connection with certain securities transactions will 
continue to be made. These rules are intended to provide disclosure to 
a customer about certain relationships involving the member that may 
present a conflict of interest. The Commission believes that repealing 
NYSE Rules 312(f) and 321.24

[[Page 48118]]

is appropriate because the purposes they serve are addressed by 
proposed FINRA Rules 2262 and 2269, other FINRA rules or Commission 
Rules. The Commission believes that transferring NASD Rule 3340 into 
the Consolidated FINRA Rulebook as FINRA Rule 5260 will ensure that 
members are aware that the trading and quoting conduct prohibited by 
this rule when a trading halt is in effect will continue to be 
prohibited under the new FINRA rules. The proposed rule change makes 
non-material changes to NASD rules that have been useful in protecting 
investors.
    It is therefore ordered, pursuant to Section 19(b)(2) of the 
Act,\7\ that the proposed rule change, as modified by Amendment No. 1 
(SR-FINRA-2009-044) be, and hereby is, approved.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------

    \8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

[FR Doc. E9-22514 Filed 9-18-09; 8:45 am]
BILLING CODE 8010-01-P
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