Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices 18285 

14 17 CFR 240.19b–4(f)(6)(iii). 

15See fn. 4. 

16See Securities Exchange Act Release No. 58092 

(July 3, 2008), 73 FR 40143 (July 11, 2008) 

(concerning 17 CFR 200 and 241). 

17As provided in paragraph 2(b) of the 

Agreement, FINRA and NYSE will amend the list 

of Common Rules to conform to the rule changes 

proposed herein. See fn. 5. 

18For purposes of waiving the 30-day operative 

delay, the Commission has considered the proposed 

rule change’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 

19 17 CFR 200.30–3(a)(12). 

1 15 U.S.C.78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 62762 

(August 23, 2010), 75 FR 53362 (August 31, 2010) 

(approval order). 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),14 the 

Commission may designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest. The SRO has asked the 

Commission to waive the 30-day 

operative delay so that the proposal may 

become operative immediately upon 

filing. 

The SRO believes that this filing is 

non-controversial because it raises no 

novel issues and is consistent with the 

FINRA rule filing previously approved 

by the Commission on which it is 

based.15 In particular, the purpose of the 

proposed rule changes is to conform the 

NYSE Amex Equities Rules to FINRA’s 

adoption of consolidated FINRA Rule 

3270 in furtherance of the consolidation 

of the member firm regulation functions 

of NYSER and FINRA. Except as 

specifically noted, and subject to such 

technical changes as are necessary to 

apply the Rule to the SRO, NYSE Amex 

proposes to adopt the rule changes in 

the form that they were approved by the 

Commission for FINRA. Accordingly, 

the SRO believes that these rule changes 

are eligible for immediately effective 

treatment under the Commission’s 

current procedures for processing rule 

filings.16 The SRO requested an 

accelerated operative date for the 

proposed rule changes in order to avoid 

regulatory gaps between the FINRA and 

NYSE Amex Equity Rules and to further 

ensure that, as applicable, the NYSE 

Amex Equity Rules maintain their status 

as Common Rules under the 

Agreement.17 The Commission believes 

it is consistent with the protection of 

investors and the public interest to 

waive the 30-day operative delay for 

this reason, and hereby grants such a 

waiver.18

At any time within 60 days of the 

filing of such 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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NYSEAmex–2011–17 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–NYSEAmex–2011–17. 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 (http://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 Section, 100 F Street, NE., 

Washington, DC 20549–1090. Copies of 

the filing will also be available for 

inspection and copying at the NYSE’s 

principal office and on its Internet Web 

site at http://www.nyse.com. 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–NYSEAmex–2011–17 and 

should be submitted on or before April 

22, 2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–7651 Filed 3–31–11; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–64131; File No. SR–NYSE– 

2011–12] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Deleting NYSE 

Rule 346 and Adopting New Rule 3270 

To Correspond With Rule Changes 

Filed by the Financial Industry 

Regulatory Authority, Inc. 

March 28, 2011. 

Pursuant to Section 19(b)(1) 1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’) 2 and Rule 19b–4 thereunder,3

notice is hereby given that on March 14, 

2011, New York Stock Exchange LLC 

(‘‘NYSE’’ or the ‘‘SRO’’) 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 

substantially prepared by the SRO. 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 SRO proposes to delete NYSE 

Rule 346 and adopt new Rule 3270 to 

correspond with rule changes filed by 

the Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) and approved 

by the Securities and Exchange 

Commission (the ‘‘Commission’’).4 The 

text of the proposed rule change is 

available at the NYSE, at the 

Commission’s Public Reference Room, 

and on NYSE’s Web site at http:// 

www.nyse.com. 

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 

NYSE included statements concerning 

the purpose of, and basis for, the 

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18286 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices 

5See Securities Exchange Act Release Nos. 56148 

(July 26, 2007), 72 FR 42146 (August 1, 2007) (order 

approving the Agreement); 56147 (July 26, 2007), 72 

FR 42166 (August 1, 2007) (SR–NASD–2007–054) 

(order approving the incorporation of certain NYSE 

Rules as ‘‘Common Rules’’); and 60409 (July 30, 

2009), 74 FR 39353 (August 6, 2009) (order 

approving the amended and restated Agreement, 

adding NYSE Amex LLC as a party). Paragraph 2(b) 

of the Agreement sets forth procedures regarding 

proposed changes by FINRA, NYSE or NYSE Amex 

to the substance of any of the Common Rules. 

6FINRA’s rulebook currently has three sets of 

rules: (1) NASD Rules, (2) FINRA Incorporated 

NYSE Rules, and (3) consolidated FINRA Rules. 

The FINRA Incorporated NYSE Rules apply only to 

those members of FINRA that are also members of 

the NYSE (‘‘Dual Members’’), while the consolidated 

FINRA Rules apply to all FINRA members. For 

more information about the FINRA rulebook 

consolidation process, see FINRA Information 

Notice, March 12, 2008. 

7See fn. 4. 

8NYSE Amex has submitted a companion rule 

filing amending its rules in accordance with 

FINRA’s rule changes. See SR–NYSEAmex-2011– 

17. 

9 15 U.S.C. 78f(b). 

10 15 U.S.C. 78f(b)(5). 

11 15 U.S.C. 78s(b)(3)(A)(iii). 

12 17 CFR 240.19b–4(f)(6). 

13 17 CFR 240.19b–4(f)(6). 

14 17 CFR 240.19b–4(f)(6)(iii). 

15See fn. 4. 

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 

SRO 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, to delete NYSE Rule 346 

(Limitations—Employment and 

Association with Members and Member 

Organizations) and adopt new Rule 

3270 (Outside Business Activities of 

Registered Persons), is to correspond 

with rule changes filed by FINRA and 

approved by the Commission. 

Background 

On July 30, 2007, FINRA’s 

predecessors, the National Association 

of Securities Dealers, Inc. (‘‘NASD’’) and 

NYSE Regulation, Inc. (‘‘NYSER’’), 

consolidated their member firm 

regulation operations into a combined 

organization, FINRA. Pursuant to Rule 

17d–2 under the Securities Exchange 

Act of 1934, as amended (the ‘‘Act’’), 

NYSE, NYSER and FINRA entered into 

an agreement (the ‘‘Agreement’’) to 

reduce regulatory duplication for their 

members by allocating to FINRA certain 

regulatory responsibilities for certain 

NYSE rules and rule interpretations 

(‘‘FINRA Incorporated NYSE Rules’’). 

NYSE Amex LLC (‘‘NYSE Amex’’) 

became a party to the Agreement 

effective December 15, 2008.5

As part of its effort to reduce 

regulatory duplication and relieve firms 

that are members of FINRA, NYSE and 

NYSE Amex of conflicting or 

unnecessary regulatory burdens, FINRA 

is now engaged in the process of 

reviewing and amending the NASD and 

FINRA Incorporated NYSE Rules in 

order to create a consolidated FINRA 

rulebook.6

Proposed Conforming Amendments to 

NYSE Rules 

FINRA adopted NASD Rule 3030 

(Outside Business Activities of an 

Associated Person), which prohibits any 

registered person from being employed 

by or accepting any compensation from 

any person as a result of any outside 

business activity, other than passive 

investments, unless he has provided 

prompt written notice to his member 

firm, as consolidated FINRA Rule 3270 

requires, subject to certain 

modifications. FINRA also deleted 

Incorporated NYSE Rule 346 as it is 

substantially similar to consolidated 

FINRA Rule 3270.7

To harmonize the NYSE Rules with 

the approved consolidated FINRA 

Rules, the SRO correspondingly 

proposes to delete NYSE Rule 346 and 

replace it with proposed NYSE Rule 

3270, which is substantially similar to 

the new FINRA Rule.8 As proposed, 

NYSE Rule 3270 adopts the same 

language as FINRA Rule 3270, except 

for substituting for or adding to, as 

needed, the term ‘‘member organization’’ 

for the term ‘‘member,’’ and making 

corresponding technical changes. 

2. Statutory Basis 

The SRO believes that the proposed 

rule changes are consistent with the 

provisions of Section 6(b) of the Act,9 in 

general, and further the objectives of 

Section 6(b)(5) of the Act,10 in 

particular, in that they are 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 SRO believes that the proposed 

rule changes support the objectives of 

the Act by providing greater 

harmonization between NYSE Rules and 

FINRA Rules (including Common Rules) 

of similar purpose, resulting in less 

burdensome and more efficient 

regulatory compliance for Dual 

Members. To the extent the SRO has 

proposed changes that differ from the 

FINRA version of the Rules, such 

changes are technical in nature and do 

not change the substance of the 

proposed NYSE Rules. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

The SRO 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, as amended. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Other 

No written comments were solicited 

or received by the SRO with respect to 

the proposed rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The SRO has filed the proposed rule 

change pursuant to Section 

19(b)(3)(A)(iii) of the Act 11 and Rule 

19b–4(f)(6) thereunder.12 Because the 

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 

prior to 30 days from the date on which 

it was filed, or such shorter time as the 

Commission may designate, and is 

consistent with the protection of 

investors and the public interest, the 

proposed rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act and Rule 19b–4(f)(6)(iii) 

thereunder. 

A proposed rule change filed under 

Rule 19b–4(f)(6) 13 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b4(f)(6)(iii),14 the Commission 

may designate a shorter time if such 

action is consistent with the protection 

of investors and the public interest. The 

SRO has asked the Commission to waive 

the 30-day operative delay so that the 

proposal may become operative 

immediately upon filing. 

The SRO believes that this filing is 

non-controversial because it raises no 

novel issues and is consistent with the 

FINRA rule filing previously approved 

by the Commission on which it is 

based.15 In particular, the purpose of the 

proposed rule changes is to conform the 

NYSE Rules to FINRA’s adoption of 

consolidated FINRA Rule 3270 in 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices 18287 

16See Securities Exchange Act Release No. 58092 

(July 3, 2008), 73 FR 40143 (July 11, 2008) 

(concerning 17 CFR 200 and 241). 

17As provided in paragraph 2(b) of the 

Agreement, FINRA and NYSE will amend the list 

of Common Rules to conform to the rule changes 

proposed herein. See fn. 5. 

18For purposes of waiving the 30-day operative 

delay, the Commission has considered the proposed 

rule change’s impact on efficiency, competition, 

and capital formation. 15 U.S.C. 78c(f). 19 17 CFR 200.30–3(a)(12). 

furtherance of the consolidation of the 

member firm regulation functions of 

NYSER and FINRA. Except as 

specifically noted, and subject to such 

technical changes as are necessary to 

apply the Rule to the SRO, NYSE 

proposes to adopt the rule changes in 

the form that they were approved by the 

Commission for FINRA. Accordingly, 

the SRO believes that these rule changes 

are eligible for immediately effective 

treatment under the Commission’s 

current procedures for processing rule 

filings.16 The SRO has requested an 

accelerated operative date for the 

proposed rule changes in order to avoid 

regulatory gaps between the FINRA and 

NYSE Rules and to further ensure that, 

as applicable, the NYSE Rules maintain 

their status as Common Rules under the 

Agreement.17 The Commission believes 

it is consistent with the protection of 

investors and the public interest to 

waive the 30-day operative delay for 

this reason, and hereby grants such a 

waiver.18

At any time within 60 days of the 

filing of such 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 (http://www.sec.gov/ 

rules/sro.shtml); or 

• Send an e-mail to rulecomments@sec.gov. Please include File 

Number SR–NYSE–2011–12 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–2011–12. 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 (http://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 Section, 100 F Street, NE., 

Washington, DC 20549–1090. Copies of 

the filing will also be available for 

inspection and copying at the NYSE’s 

principal office and on its Internet Web 

site at http://www.nyse.com. 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–2011–12 and should 

be submitted on or before April 22, 

2011. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.19

Cathy H. Ahn, 

Deputy Secretary. 

[FR Doc. 2011–7652 Filed 3–31–11; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #12499 and #12500] 

Indiana Disaster #IN–00035 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Notice. 

SUMMARY: This is a notice of an 

Administrative declaration of a disaster 

for the State of Indiana dated 03/24/ 

2011. 

Incident: Severe Storms, Snowmelt 

and Flooding. 

Incident Period: 02/27/2011 through 

03/08/2011. 

Effective Date: 03/24/2011. 

Physical Loan Application Deadline 

Date: 05/23/2011. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 12/27/2011. 

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 

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: 

Delaware, Jay. 

Contiguous Counties: 

Indiana: Adams, Blackford, Grant, 

Henry, Madison, Randolph, Wells. 

Ohio: Darke, Mercer. 

The Interest Rates are: 

Percent 

For Physical Damage: 

Homeowners With Credit Available Elsewhere ...................... 5.125 

Homeowners Without Credit 

Available Elsewhere .............. 2.563 

Businesses With Credit Available Elsewhere ...................... 6.000 

Businesses Without Credit 

Available Elsewhere .............. 4.000 

Non-Profit Organizations With 

Credit Available Elsewhere ... 3.250 

Non-Profit Organizations Without Credit Available Elsewhere ..................................... 3.000 

For Economic Injury: 

Businesses & Small Agricultural 

Cooperatives Without Credit 

Available Elsewhere .............. 4.000 

Non-Profit Organizations Without Credit Available Elsewhere ..................................... 3.000 

The number assigned to this disaster 

for physical damage is 12499 6 and for 

economic injury is 12500 0. 

The States which received an EIDL 

Declaration # are Indiana; Ohio. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

Dated: March 24, 2011. 

Karen G. Mills, 

Administrator. 

[FR Doc. 2011–7660 Filed 3–31–11; 8:45 am] 

BILLING CODE 8025–01–P 

mstockstill on DSKH9S0YB1PROD with NOTICES