Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Add Certain Rules to the List of Exchange Rule Violations and Fines Applicable Thereto, 58452-58453 [2010-23908]
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58452
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices
This is a Notice of the
Presidential declaration of a major
disaster for the State of Wisconsin
(FEMA–1933–DR), dated 09/18/2010.
Incident: Severe storms, tornadoes,
and flooding.
Incident Period: 07/20/2010 through
07/24/2010.
Effective Date: 09/18/2010.
Physical Loan Application Deadline
Date: 11/17/2010.
Economic Injury (EIDL) Loan
Application Deadline Date: 06/20/2011.
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
President’s major disaster declaration on
09/18/2010, 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 (Physical Damage and
Economic Injury Loans):
Grant, Milwaukee.
Contiguous Counties (Economic Injury
Loans Only):
Wisconsin: Crawford, Iowa, Lafayette,
Ozaukee, Racine, Richland,
Washington, Waukesha.
Iowa: Clayton, Dubuque.
Illinois: Jo Daviess.
The Interest Rates are:
SUMMARY:
The number assigned to this disaster
for physical damage is 12327B and for
economic injury is 123280.
(Catalog of Federal Domestic Assistance
Numbers 59002 and 59008)
James E. Rivera,
Associate Administrator for Disaster
Assistance.
[FR Doc. 2010–23998 Filed 9–23–10; 8:45 am]
BILLING CODE 8025–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62940; File No. SR–NYSE–
2010–66]
Self-Regulatory Organizations; New
York Stock Exchange LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Add Certain
Rules to the List of Exchange Rule
Violations and Fines Applicable
Thereto
September 20, 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
September 9, 2010, New York Stock
Exchange LLC (‘‘NYSE’’ or the
‘‘Exchange’’) filed with the Securities
and Exchange Commission (the
‘‘Commission’’) the proposed rule
change as described in Items I and II,
below, which Items have been prepared
by the Exchange. 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 amend
NYSE Rule 476A to add certain rules to
its List of Exchange Rule Violations and
Fines Applicable Thereto (‘‘Minor Rule
Violation Plan’’). The text of the
5.000 proposed rule change is available on the
Exchange’s Web site at https://
2.500 www.nyse.com, at the Exchange’s
principal office, at the Commission’s
6.000
Public Reference Room, and on the
4.000 Commission’s Web site at https://
www.sec.gov.
srobinson on DSKHWCL6B1PROD with NOTICES
Percent
For Physical Damage:
Homeowners With Credit Available Elsewhere ......................
Homeowners Without Credit
Available Elsewhere ..............
Businesses With Credit Available Elsewhere ......................
Businesses
Without
Credit
Available Elsewhere ..............
Non-Profit Organizations With
Credit Available Elsewhere ...
Non-Profit Organizations Without Credit Available Elsewhere .....................................
For Economic Injury:
Businesses & Small Agricultural
Cooperatives Without Credit
Available Elsewhere ..............
Non-Profit Organizations Without Credit Available Elsewhere .....................................
VerDate Mar<15>2010
16:12 Sep 23, 2010
3.625
3.000
4.000
3.000
Jkt 220001
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
1 15
2 17
PO 00000
U.S.C. 78s(b)(1).
CFR 240.19b–4.
Frm 00106
Fmt 4703
Sfmt 4703
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 the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
The Exchange proposes to amend
NYSE Rule 476A to add certain rules to
its Minor Rule Violation Plan to reflect
approved changes to Exchange rules.3
Specifically, in connection with the
Exchange’s process to harmonize certain
Exchange rules with rules of the
Financial Industry Regulatory
Authority, Inc. (‘‘FINRA’’), the Exchange
has deleted certain Exchange rules and
replaced them with new rules that have
different rule numbers. The Exchange
proposes this rule filing to add the new
rule references to the Minor Rule
Violation Plan for those rules that have
been added as part of the FINRA
harmonization process. The Exchange
will not delete the old rule references in
the Minor Rule Violation Plan so that
violations of prior Exchange rules that
occurred before the amendments
described below took effect still fall
under the jurisdiction of the Minor Rule
Violation Plan.
In connection with the harmonization
process, the Exchange adopted the
following new NYSE Rules, which
correspond with the same-numbered
consolidated FINRA Rules, and which
replaced prior Exchange rules:
• Rule 2150 (Improper Use of
Customers’ Securities or Funds;
Prohibition Against Guarantees and
Sharing in Accounts) replaced old Rules
352(a)–(d);
• Rule 3130 (Annual Certification of
Compliance and Supervisory Processes)
replaced, in relevant part, old Rules
342.30(d) and (e) and Rule
Interpretation 311(b)(5);
• Rule 3310 (Anti-Money Laundering
Compliance Program) replaced old Rule
445;
• Rule 4110 (Capital Compliance)
replaced, in relevant part, old Rules
312(h) and 313;
3 The Exchange’s corporate affiliate, NYSE Amex
LLC (‘‘NYSE Amex’’), submitted a companion rule
filing proposing corresponding amendments to
NYSE Amex Disciplinary Rule 476A. See SR–
NYSEAmex–2010–94.
E:\FR\FM\24SEN1.SGM
24SEN1
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices
• Rule 4521 (Notifications,
Questionnaires and Reports) replaced,
in relevant part, old Rule 421;
• Rule 4560 (Short-Interest Reporting)
replaced old Rules 421(1) and 421.10;
and
• Rule 5190 (Notification
Requirements for Offering Participants)
replaced old Rule 392.4
These old Rules, or certain provisions
thereof, are subject to the Exchange’s
Minor Rule Violation Plan under NYSE
Rule 476A. At the time the new Rules
were adopted to replace the old
Exchange Rules, however, they were not
added to the Exchange’s Minor Rule
Violation Plan. The Exchange therefore
proposes to update the Exchange’s
Minor Rule Violation Plan under NYSE
Rule 476A by adding the new rule
references identified above.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with,
and furthers the objectives of, Section
6(b)(5) of the Act,5 in that it is designed
to prevent fraudulent and manipulative
acts and practices, 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. The proposed rule
change also furthers the objectives of
Section 6(b)(6) of the Act,6 in that it
provides for appropriate discipline for
violations of Exchange rules and
regulations.
The Exchange believes that the
proposed rule change will provide the
Exchange with greater regulatory
flexibility to enforce the prescriptions of
certain rules in a more informal manner
while also preserving the Exchange’s
discretion to seek formal discipline for
more serious transgressions as
warranted.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
srobinson on DSKHWCL6B1PROD with NOTICES
4 See Securities Exchange Act Release Nos. 59965
(May 21, 2009), 74 FR 25783 (May 29, 2009) (SR–
NYSE–2009–25) (adopting, inter alia, NYSE Rules
3130, 4560, 5190); 61158 (December 11, 2009), 74
FR 67942 (December 21, 2009) (SR–NYSE–2009–
123) (adopting NYSE Rule 2150); 61273 (December
31, 2009), 75 FR 1091 (January 8, 2010) (SR–NYSE–
2009–134) (adopting NYSE Rule 3310); 61557
(February 22, 2010), 75 FR 9472 (March 2, 2010)
(SR–NYSE–2010–10) (adopting, inter alia, NYSE
Rules 4110, 4521). See also NYSE and NYSE Amex
Information Memoranda 09–24 (June 2, 2009); 10–
09 (February 18, 2010); 10–12 (March 11, 2010).
5 15 U.S.C. 78f(b)(5).
6 15 U.S.C. 78f(b)(6).
16:12 Sep 23, 2010
Jkt 220001
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A) of the Act 7 and Rule 19b–
4(f)(3) thereunder.8 Because the
proposed rule change is concerned
solely with the administration of the
Exchange, the proposed rule change has
become immediately effective upon
filing pursuant to Section 19(b)(3)(A) of
the Act and Rule 19b–4(f)(3) thereunder.
At any time within 60 days of the
filing of the 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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NYSE–2010–66 on the
subject line.
Paper Comments
The Exchange does not believe that
the proposed rule change will impose
any burden on competition that is not
VerDate Mar<15>2010
necessary or appropriate in furtherance
of the purposes of the Act.
• 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–NYSE–2010–66. 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, 100 F Street, NE.,
Washington, DC 20549, on official
business days between the hours of 10
a.m. and 3 p.m. Copies of the 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–NYSE–
2010–66 and should be submitted on or
before October 15, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.9
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–23908 Filed 9–23–10; 8:45 am]
BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62947; File No. SR–
NYSEAmex–2010–96]
Self-Regulatory Organizations; NYSE
Amex LLC; Notice of Filing of a
Proposed Rule Change Amending
NYSE Amex Equities Rule 104 To
Adopt Pricing Obligations for
Designated Market Makers
September 20, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that on
September 17, 2010, NYSE Amex LLC
(‘‘NYSE Amex’’ or the ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) the
proposed rule change as described in
Items I and II below, which Items have
been prepared by the Exchange. The
Commission is publishing this notice to
9 17
CFR 200.30–3(a)(12); 200.30–3(a)(44).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
7 15
U.S.C. 78s(b)(3)(A).
8 17 CFR 240.19b–4(f)(3).
PO 00000
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58453
1 15
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]]>Agencies
[Federal Register Volume 75, Number 185 (Friday, September 24, 2010)]
[Notices]
[Pages 58452-58453]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-23908]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-62940; File No. SR-NYSE-2010-66]
Self-Regulatory Organizations; New York Stock Exchange LLC;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To
Add Certain Rules to the List of Exchange Rule Violations and Fines
Applicable Thereto
September 20, 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 September 9, 2010, New York Stock Exchange LLC (``NYSE'' or the
``Exchange'') filed with the Securities and Exchange Commission (the
``Commission'') the proposed rule change as described in Items I and
II, below, which Items have been prepared by the Exchange. 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 amend NYSE Rule 476A to add certain rules
to its List of Exchange Rule Violations and Fines Applicable Thereto
(``Minor Rule Violation Plan''). The text of the proposed rule change
is available on the Exchange's Web site at https://www.nyse.com, at the
Exchange's principal office, at the Commission's Public Reference Room,
and on the Commission's Web site at https://www.sec.gov.
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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Exchange proposes to amend NYSE Rule 476A to add certain rules
to its Minor Rule Violation Plan to reflect approved changes to
Exchange rules.\3\ Specifically, in connection with the Exchange's
process to harmonize certain Exchange rules with rules of the Financial
Industry Regulatory Authority, Inc. (``FINRA''), the Exchange has
deleted certain Exchange rules and replaced them with new rules that
have different rule numbers. The Exchange proposes this rule filing to
add the new rule references to the Minor Rule Violation Plan for those
rules that have been added as part of the FINRA harmonization process.
The Exchange will not delete the old rule references in the Minor Rule
Violation Plan so that violations of prior Exchange rules that occurred
before the amendments described below took effect still fall under the
jurisdiction of the Minor Rule Violation Plan.
---------------------------------------------------------------------------
\3\ The Exchange's corporate affiliate, NYSE Amex LLC (``NYSE
Amex''), submitted a companion rule filing proposing corresponding
amendments to NYSE Amex Disciplinary Rule 476A. See SR-NYSEAmex-
2010-94.
---------------------------------------------------------------------------
In connection with the harmonization process, the Exchange adopted
the following new NYSE Rules, which correspond with the same-numbered
consolidated FINRA Rules, and which replaced prior Exchange rules:
Rule 2150 (Improper Use of Customers' Securities or Funds;
Prohibition Against Guarantees and Sharing in Accounts) replaced old
Rules 352(a)-(d);
Rule 3130 (Annual Certification of Compliance and
Supervisory Processes) replaced, in relevant part, old Rules 342.30(d)
and (e) and Rule Interpretation 311(b)(5);
Rule 3310 (Anti-Money Laundering Compliance Program)
replaced old Rule 445;
Rule 4110 (Capital Compliance) replaced, in relevant part,
old Rules 312(h) and 313;
[[Page 58453]]
Rule 4521 (Notifications, Questionnaires and Reports)
replaced, in relevant part, old Rule 421;
Rule 4560 (Short-Interest Reporting) replaced old Rules
421(1) and 421.10; and
Rule 5190 (Notification Requirements for Offering
Participants) replaced old Rule 392.\4\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release Nos. 59965 (May 21,
2009), 74 FR 25783 (May 29, 2009) (SR-NYSE-2009-25) (adopting, inter
alia, NYSE Rules 3130, 4560, 5190); 61158 (December 11, 2009), 74 FR
67942 (December 21, 2009) (SR-NYSE-2009-123) (adopting NYSE Rule
2150); 61273 (December 31, 2009), 75 FR 1091 (January 8, 2010) (SR-
NYSE-2009-134) (adopting NYSE Rule 3310); 61557 (February 22, 2010),
75 FR 9472 (March 2, 2010) (SR-NYSE-2010-10) (adopting, inter alia,
NYSE Rules 4110, 4521). See also NYSE and NYSE Amex Information
Memoranda 09-24 (June 2, 2009); 10-09 (February 18, 2010); 10-12
(March 11, 2010).
---------------------------------------------------------------------------
These old Rules, or certain provisions thereof, are subject to the
Exchange's Minor Rule Violation Plan under NYSE Rule 476A. At the time
the new Rules were adopted to replace the old Exchange Rules, however,
they were not added to the Exchange's Minor Rule Violation Plan. The
Exchange therefore proposes to update the Exchange's Minor Rule
Violation Plan under NYSE Rule 476A by adding the new rule references
identified above.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with, and furthers the objectives of, Section 6(b)(5) of the Act,\5\ in
that it is designed to prevent fraudulent and manipulative acts and
practices, 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. The proposed rule change also furthers the objectives
of Section 6(b)(6) of the Act,\6\ in that it provides for appropriate
discipline for violations of Exchange rules and regulations.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b)(5).
\6\ 15 U.S.C. 78f(b)(6).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change will provide
the Exchange with greater regulatory flexibility to enforce the
prescriptions of certain rules in a more informal manner while also
preserving the Exchange's discretion to seek formal discipline for more
serious transgressions as warranted.
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 that is 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 solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A) of the Act \7\ and Rule 19b-4(f)(3) thereunder.\8\ Because
the proposed rule change is concerned solely with the administration of
the Exchange, the proposed rule change has become immediately effective
upon filing pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(3) thereunder.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 CFR 240.19b-4(f)(3).
---------------------------------------------------------------------------
At any time within 60 days of the filing of the 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 (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-NYSE-2010-66 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-NYSE-2010-66. 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, 100 F Street, NE.,
Washington, DC 20549, on official business days between the hours of 10
a.m. and 3 p.m. Copies of the 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-NYSE-2010-66 and should be
submitted on or before October 15, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\9\
Florence E. Harmon,
Deputy Secretary.
---------------------------------------------------------------------------
\9\ 17 CFR 200.30-3(a)(12); 200.30-3(a)(44).
---------------------------------------------------------------------------
[FR Doc. 2010-23908 Filed 9-23-10; 8:45 am]
BILLING CODE 8010-01-P
