Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to Intermarket Linkage Rules, 9989-9990 [2010-4454]
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Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Notices
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61583; File No. SR–Phlx–
2010–23]
Self-Regulatory Organizations;
NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change Relating to
Intermarket Linkage Rules
February 25, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that, on February
19, 2010, NASDAQ OMX PHLX, Inc.
(‘‘Phlx’’ or the ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(the ‘‘Commission’’) the proposed rule
change as described in Items I, II, and
III below, which Items have been
prepared by the self-regulatory
organization. The Commission is
publishing this notice to solicit
comments on the proposed rule change
from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to eliminate
Exchange Rule 1088, Phase Out of
Intermarket Linkage Rules.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, the
self-regulatory organization included
statements concerning the purpose of,
and basis for, the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
mstockstill on DSKH9S0YB1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to eliminate Exchange Rule
1088, a temporary rule titled Phase Out
of Intermarket Linkage Rules because
this rule is no longer necessary.
On June 17, 2008, the Exchange filed
the Options Order Protection and
Locked/Crossed Market Plan (‘‘Plan’’),
joining all other approved options
1 15
2 17
U.S.C.78s(b)(1).
CFR 240.19b–4.
VerDate Nov<24>2008
16:39 Mar 03, 2010
Jkt 220001
markets in adopting the Plan.3 The Plan
requires each options exchange to adopt
rules implementing various
requirements specified in the Plan.4 The
Plan replaces the former Plan for the
Purpose of Creating and Operating an
Intermarket Linkage (‘‘Linkage Plan’’).5
The Linkage Plan required Participating
Options Exchanges to operate a standalone system or ‘‘Linkage’’ for sending
order-flow between exchanges to limit
trade-throughs.6 The Options Clearing
Corporation (‘‘OCC’’) operated the
Linkage system (the ‘‘System’’).7 The
Exchange adopted various new rules in
connection with the Plan to avoid tradethroughs and locked markets, among
other things.8 The Exchange currently
offers private routing directly to away
markets.9
The Exchange adopted Exchange
Temporary Rule 1088 in order to
facilitate the participation of certain
Participating Options Exchanges who
may require the use of P/A Orders and
Principal Orders after implementation
of the Plan.10 Certain Participating
Options Exchanges required a
temporary transition period during
which they continued to utilize these
3 See Securities Exchange Act Release Nos. 60405
(July 20, 2009) (National Market System Plan
Relating to Options Order Protection and Locked/
Crossed Markets). The Plan is a national market
system plan proposed by the seven existing options
exchanges and approved by the Commission. See
Securities Exchange Act Release No. 59647 (March
30, 2009), 74 FR 15010 (April 2, 2009) (File No. 4–
546) (‘‘Plan Notice’’) and 60405 (July 30, 2009), 74
FR 39362 (August 6, 2009) (File No. 4–546) (‘‘Plan
Approval’’). The seven options exchanges are:
Chicago Board Options Exchange, Incorporated
(‘‘CBOE’’); International Securities Exchange LLC
(‘‘ISE’’); NASDAQ OMX BX, Inc. (‘‘BOX’’); The
NASDAQ Stock Market LLC (‘‘Nasdaq’’); NYSE
Amex LLC (‘‘NYSE Amex’’); NYSE Arca, Inc.
(‘‘NYSE Arca’’); and Phlx (each exchange
individually a ‘‘Participant’’ and, together, the
‘‘Participating Options Exchanges’’).
4 See Securities Exchange Act Release No. 60363
(July 22, 2009), 74 FR 37270 (July 28, 2009) (SR–
Phlx–2009–61). Linkage was governed by the
Options Linkage Authority under the conditions set
forth under the Plan for the Purpose of Creating and
Operating an Intermarket Option Linkage approved
by the Commission. The registered U.S. options
markets are linked together on a real-time basis
through a network capable of transporting orders
and messages to and from each market.
5 See Securities Exchange Act Release No. 60363
(July 22, 2009), 74 FR 37270 (July 28, 2009) (SR–
Phlx–2009–61). Linkage was governed by the
Options Linkage Authority under the conditions set
forth under the Plan for the Purpose of Creating and
Operating an Intermarket Option Linkage approved
by the Commission. The registered U.S. options
markets are linked together on a real-time basis
through a network capable of transporting orders
and messages to and from each market.
6 See footnote 5.
7 See footnote 5.
8 See footnote 3.
9 See Exchange Rule 1080(m).
10 See Securities and Exchange Act Release No.
60550 (August 20, 2009), 74 FR 44430 (August 28,
2009) (SR–Phlx–2009–61).
PO 00000
Frm 00123
Fmt 4703
Sfmt 4703
9989
order types that existed under the
Linkage Plan. The Exchange proposed
substantially similar rules with that of
the other Participating Options
Exchanges to accommodate the
possibility of continued use of P/A
Orders and Principal Orders. At this
time all Participating Options
Exchanges have discontinued use of the
Linkage Plan. The Exchange proposes at
this time to delete Temporary Rule 1088
because it is no longer necessary in light
of the discontinued use of the Linkage
Plan.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 11 in general, and furthers the
objectives of Section 6(b)(5) of the Act 12
in particular, in that 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 a national market
system, and, in general to protect
investors and the public interest, by
proposing the elimination of Temporary
Rule 1088, which reflects usage of a
former Linkage Plan that has since been
replaced by a new Plan.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change will impose
any burden on competition not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were either
solicited or received.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change: (i) Does not significantly affect
the protection of investors or the public
interest; (ii) does not impose any
significant burden on competition; and
(iii) by its terms, does not become
operative for 30 days from the date on
which it was filed, or such shorter time
as the Commission may designate, if
consistent with the protection of
investors and the public interest, it has
become effective pursuant to Section
11 15
12 15
E:\FR\FM\04MRN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
04MRN1
9990
Federal Register / Vol. 75, No. 42 / Thursday, March 4, 2010 / Notices
19(b)(3)(A) of the Act 13 and Rule 19b–
4(f)(6) thereunder.14
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:
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–Phlx–2010–23 on the
subject line.
mstockstill on DSKH9S0YB1PROD with NOTICES
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–Phlx–2010–23. 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
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 Room on official business
13 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6)(iii) requires the self-regulatory organization
to submit to the Commission written notice of its
intent to file the proposed rule change, along with
a brief description and text of the proposed rule
change, at least five business days prior to the date
of filing of the proposed rule change, or such
shorter time as designated by the Commission. The
Exchange has satisfied this requirement.
14 17
VerDate Nov<24>2008
16:39 Mar 03, 2010
Jkt 220001
days between the hours of 10 a.m. and
3 p.m.15 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 available publicly. All
submissions should refer to File
Number SR–Phlx–2010–23 and should
be submitted on or before March 25,
2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.16
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–4454 Filed 3–3–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–61573; File No. SR–
NASDAQ–2010–022]
Self-Regulatory Organizations; Notice
of Filing and Immediate Effectiveness
of Proposed Rule Change by NASDAQ
Stock Market, LLC. Inc. Relating To
Amending NASDAQ Options Market
(‘‘NOM’’) Chapter V, Section 6, Obvious
Errors
February 23, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1, and Rule 19b–4 2 thereunder,
notice is hereby given that on February
18, 2010, The NASDAQ Stock Market
LLC (‘‘NASDAQ’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I and
II, below, which Items have been
prepared by the NASDAQ. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
NASDAQ proposes to amend
NASDAQ Options Market (‘‘NOM’’) Rule
Chapter V, Section 6, Obvious Errors, to
adopt the ability to review transactions
on NASDAQ’s own motion.
15 The text of the proposed rule change is
available on Phlx’s Web site at https://
www.nasdaqtrader.com, on the Commission’s Web
site at https://www.sec.gov, and at the Commission’s
Public Reference Room.
16 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
PO 00000
Frm 00124
Fmt 4703
Sfmt 4703
The text of the proposed rule change
is available on the Exchange’s Web site
at https://
www.nasdaq.cchwallstreet.com, at the
principal office of the Exchange, and at
the Commission’s Public Reference
Room.
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission,
NASDAQ included statements
concerning the purpose of and basis for
the proposed rule change. The text of
these statements may be examined at
the places specified in Item IV below.
NASDAQ has prepared summaries, set
forth in sections A, B, and C below, of
the most significant aspects of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The purpose of the proposed rule
change is to amend NOM Chapter V,
Section 6 pertaining to the nullification
and adjustment of options transactions.
Specifically, NASDAQ proposes to
adopt a provision which provides that
in the interest of maintaining a fair and
orderly market and for the protection of
investors, the Chief Regulatory Officer
of NASDAQ or his/her designee who is
an officer (collectively ‘‘NASDAQ
officer’’), may, on his or her own motion
or upon request, determine to review
any transaction occurring on NASDAQ
that is believed to be erroneous.3 A
transaction reviewed pursuant to this
provision may be nullified or adjusted
only if it is determined by the NASDAQ
officer that the transaction is an obvious
error as provided in Chapter V, Section
6. A transaction would be adjusted or
nullified in accordance with the
provision under which it is deemed an
erroneous transaction. The NASDAQ
officer may be assisted by a designated
employee in NASDAQ Regulation that
is trained in the application of this rule
for reviewing a transaction(s).
The NASDAQ officer shall act
pursuant to this paragraph as soon as
possible after receiving notification of
the transaction, and ordinarily would be
expected to act on the same day as the
transaction occurred. However, because
a transaction under review may have
occurred near the close of trading or due
3 In the event a party to a transaction requests that
NASDAQ review a transaction, the NASDAQ officer
nonetheless would need to determine, on his or her
own motion, whether to review the transaction.
E:\FR\FM\04MRN1.SGM
04MRN1
Agencies
[Federal Register Volume 75, Number 42 (Thursday, March 4, 2010)]
[Notices]
[Pages 9989-9990]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-4454]
[[Page 9989]]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-61583; File No. SR-Phlx-2010-23]
Self-Regulatory Organizations; NASDAQ OMX PHLX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Relating to
Intermarket Linkage Rules
February 25, 2010.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on February 19, 2010, NASDAQ OMX PHLX, Inc. (``Phlx'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I, II,
and III below, which Items have been prepared by the self-regulatory
organization. The Commission is publishing this notice to solicit
comments on the proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C.78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to eliminate Exchange Rule 1088, Phase Out of
Intermarket Linkage Rules.
II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
In its filing with the Commission, the self-regulatory organization
included statements concerning the purpose of, and basis for, the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change
1. Purpose
The purpose of the proposed rule change is to eliminate Exchange
Rule 1088, a temporary rule titled Phase Out of Intermarket Linkage
Rules because this rule is no longer necessary.
On June 17, 2008, the Exchange filed the Options Order Protection
and Locked/Crossed Market Plan (``Plan''), joining all other approved
options markets in adopting the Plan.\3\ The Plan requires each options
exchange to adopt rules implementing various requirements specified in
the Plan.\4\ The Plan replaces the former Plan for the Purpose of
Creating and Operating an Intermarket Linkage (``Linkage Plan'').\5\
The Linkage Plan required Participating Options Exchanges to operate a
stand-alone system or ``Linkage'' for sending order-flow between
exchanges to limit trade-throughs.\6\ The Options Clearing Corporation
(``OCC'') operated the Linkage system (the ``System'').\7\ The Exchange
adopted various new rules in connection with the Plan to avoid trade-
throughs and locked markets, among other things.\8\ The Exchange
currently offers private routing directly to away markets.\9\
---------------------------------------------------------------------------
\3\ See Securities Exchange Act Release Nos. 60405 (July 20,
2009) (National Market System Plan Relating to Options Order
Protection and Locked/Crossed Markets). The Plan is a national
market system plan proposed by the seven existing options exchanges
and approved by the Commission. See Securities Exchange Act Release
No. 59647 (March 30, 2009), 74 FR 15010 (April 2, 2009) (File No. 4-
546) (``Plan Notice'') and 60405 (July 30, 2009), 74 FR 39362
(August 6, 2009) (File No. 4-546) (``Plan Approval''). The seven
options exchanges are: Chicago Board Options Exchange, Incorporated
(``CBOE''); International Securities Exchange LLC (``ISE''); NASDAQ
OMX BX, Inc. (``BOX''); The NASDAQ Stock Market LLC (``Nasdaq'');
NYSE Amex LLC (``NYSE Amex''); NYSE Arca, Inc. (``NYSE Arca''); and
Phlx (each exchange individually a ``Participant'' and, together,
the ``Participating Options Exchanges'').
\4\ See Securities Exchange Act Release No. 60363 (July 22,
2009), 74 FR 37270 (July 28, 2009) (SR-Phlx-2009-61). Linkage was
governed by the Options Linkage Authority under the conditions set
forth under the Plan for the Purpose of Creating and Operating an
Intermarket Option Linkage approved by the Commission. The
registered U.S. options markets are linked together on a real-time
basis through a network capable of transporting orders and messages
to and from each market.
\5\ See Securities Exchange Act Release No. 60363 (July 22,
2009), 74 FR 37270 (July 28, 2009) (SR-Phlx-2009-61). Linkage was
governed by the Options Linkage Authority under the conditions set
forth under the Plan for the Purpose of Creating and Operating an
Intermarket Option Linkage approved by the Commission. The
registered U.S. options markets are linked together on a real-time
basis through a network capable of transporting orders and messages
to and from each market.
\6\ See footnote 5.
\7\ See footnote 5.
\8\ See footnote 3.
\9\ See Exchange Rule 1080(m).
---------------------------------------------------------------------------
The Exchange adopted Exchange Temporary Rule 1088 in order to
facilitate the participation of certain Participating Options Exchanges
who may require the use of P/A Orders and Principal Orders after
implementation of the Plan.\10\ Certain Participating Options Exchanges
required a temporary transition period during which they continued to
utilize these order types that existed under the Linkage Plan. The
Exchange proposed substantially similar rules with that of the other
Participating Options Exchanges to accommodate the possibility of
continued use of P/A Orders and Principal Orders. At this time all
Participating Options Exchanges have discontinued use of the Linkage
Plan. The Exchange proposes at this time to delete Temporary Rule 1088
because it is no longer necessary in light of the discontinued use of
the Linkage Plan.
---------------------------------------------------------------------------
\10\ See Securities and Exchange Act Release No. 60550 (August
20, 2009), 74 FR 44430 (August 28, 2009) (SR-Phlx-2009-61).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes that its proposal is consistent with Section
6(b) of the Act \11\ in general, and furthers the objectives of Section
6(b)(5) of the Act \12\ in particular, in that 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 a national
market system, and, in general to protect investors and the public
interest, by proposing the elimination of Temporary Rule 1088, which
reflects usage of a former Linkage Plan that has since been replaced by
a new Plan.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78f(b).
\12\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
The Exchange does not believe that the proposed rule change will
impose any burden on competition not necessary or appropriate in
furtherance of the purposes of the Act.
C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others
No written comments were either solicited or received.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change: (i) Does not
significantly affect the protection of investors or the public
interest; (ii) does not impose any significant burden on competition;
and (iii) by its terms, does not become operative for 30 days from the
date on which it was filed, or such shorter time as the Commission may
designate, if consistent with the protection of investors and the
public interest, it has become effective pursuant to Section
[[Page 9990]]
19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) thereunder.\14\
---------------------------------------------------------------------------
\13\ 15 U.S.C. 78s(b)(3)(A).
\14\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)(iii)
requires the self-regulatory organization to submit to the
Commission written notice of its intent to file the proposed rule
change, along with a brief description and text of the proposed rule
change, at least five business days prior to the date of filing of
the proposed rule change, or such shorter time as designated by the
Commission. The Exchange has satisfied this requirement.
---------------------------------------------------------------------------
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:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-Phlx-2010-23 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-Phlx-2010-23. 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 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 Room on official business
days between the hours of 10 a.m. and 3 p.m.\15\ 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 available publicly. All submissions should refer to File Number
SR-Phlx-2010-23 and should be submitted on or before March 25, 2010.
---------------------------------------------------------------------------
\15\ The text of the proposed rule change is available on Phlx's
Web site at https://www.nasdaqtrader.com, on the Commission's Web
site at https://www.sec.gov, and at the Commission's Public Reference
Room.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\16\
---------------------------------------------------------------------------
\16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-4454 Filed 3-3-10; 8:45 am]
BILLING CODE 8011-01-P