### 27854 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Notices

21 15 U.S.C. 78f(b).

22 15 U.S.C. 78f(b)(5).

23 15 U.S.C. 78f(b)(8). 24 The text of the proposed rule change is available on the Commission’s Web site at http://

www.sec.gov. 25 17 CFR 200.30–3(a)(12). 2. Statutory Basis

The Exchange believes that the proposed rule change is consistent with Section 6(b) of the Act 21 and the rules thereunder, and in particular with: Section 6(b)(5) of the Act, which requires that the rules of a national securities exchange, among other things, be designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism for a free and open market and a national market system, and, in general, to protect investors and the public interest; and not be designed to permit unfair discrimination between customers, issuers, brokers, or dealers; 22 and Section 6(b)(8) of the Act, which requires the rules of an exchange not to impose any burden on competition not necessary or in furtherance of the Act. 23 The proposed rule change ensures that incoming electronic orders are allocated in an equitable and fair manner and that all market participants (including public customers) have a fair and reasonable opportunity for allocations based on established criteria and procedures. CBOE believes that the change will allow the Exchange other methods to reward aggressive pricing in options trading on the Hybrid System by making market turner available for classes utilizing any of the priority methods utilized by the Exchange. CBOE also believes that the modified participation entitlement, as amended, would encourage quote competition because is designed to reward aggressive pricing byoffering incentives both for MarketMakers to support and participate in the CBOE marketplace and for market participants to establish the best price or quote at the best price with size. In classes utilizing a price-time algorithm with a modified participation entitlement, all market participants (including public customers) are incented to compete by establishing the best price. In classes utilizing a pro-rata algorithm with a modified participation entitlement, all market participants (including public customers) are incented to compete by quoting more size. B. Self-Regulatory Organization’s Statement on Burden on Competition

CBOE 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 solicited or received with respect to the proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

Within 35 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the self-regulatory organization consents, the Commission will:

(A) By order approve such proposed rule change, or

(B) Institute proceedings to determine whether the proposed rule change should be disapproved.

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 No. SR–CBOE–2010–038 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 No. SR–CBOE–2010–038. 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, 24 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 such filing also will be available for inspection and copying at the principal office of CBOE. 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 No. SR–CBOE–2010–038 and should be submitted on or before June 8, 2010.

For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 25 Elizabeth M. Murphy, Secretary.
[FR Doc. 2010–11811 Filed 5–17–10; 8:45 am]

**BILLING CODE 8010–01–P**

**DEPARTMENT OF STATE**

**[Public Notice: 7012; OMB Control Number 1405–0156]** 

**30–Day Notice of Proposed Information Collection: DS–4048,**  **Projected Sales of Major Weapons in Support of Section 25(a)(1) of the Arms**  **Export Control Act**

**ACTION :**  Notice of request for public comment and submission to OMB of proposed collections 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: Projected Sales of Major Weapons in Support of Section 25(a)(1) of the Arms Export Control Act.

• OMB Control Number: 1405–0156.

• Type of Request: Extension of Currently Approved Collection.

• Originating Office: Bureau of Political Military Affairs, Directorate of Defense Trade Controls, PM/DDTC.

• Form Number: DS–4048.

• Respondents: Business Organizations.


### 27855 Federal Register / Vol. 75, No. 95 / Tuesday, May 18, 2010 / Notices

• Estimated Number of Respondents:
25.

• Estimated Number of Responses:
25.

• Average Hours per Response: 60 hours.

• Total Estimated Burden: 1,500 hours.

• Frequency: Annually.

• Obligation To Respond: Voluntary.

**DATES :**  Submit comments to the Office of Management and Budget (OMB) for up to 30 days from May 18, 2010.

**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 collections and supporting documents from Nicholas Memos, PM/ DDTC, SA–1, 12th Floor, Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, U.S. Department of State, Washington, DC 20522–0112, who may be reached via phone at (202) 663–2804, or via e-mail
at memosni@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, including the use of automated collection techniques or other forms of technology.

Abstract of proposed collection: Section 25(a)(1) of the Arms Export Control Act requires an annual report to Congress on projected sales of major weapons and weapons-related defenseequipment (if $7M or more) and nonmajor weapons or weapons-related defense equipment (if $25M or more). In order to prepare this report, the Directorate of Defense Trade Controls (DDTC) requests information from major defense companies by publishing a Federal Register notice and by placing a notice on its Web site. DDTC is requesting relevant projected sales that include the foreign country to which the item is to be sold, a description of the item, the item’s quantity, and its value.

Dated: May 10, 2010. Beth M. McCormick, Deputy Assistant Secretary for Defense Tradeand Regional Security, Bureau of PoliticalMilitary Affairs, U.S. Department of State.
[FR Doc. 2010–11853 Filed 5–17–10; 8:45 am]

**BILLING CODE 4710–25–P**

**DEPARTMENT OF STATE**

**[Public Notice 7013]**

**Certifications Pursuant to Section 609 of Public Law 101–162** 

**SUMMARY :**  On April 30, 2010, the Department of State certified, pursuant to Section 609 of Public Law 101–162 ( ‘‘ Section 609 ’’ ), that 13 nations have adopted programs to reduce the incidental capture of sea turtles in their shrimp fisheries comparable to the program in effect in the United States. The Department also certified that the fishing environments in 25 other countries and one economy, Hong Kong, do not pose a threat of the incidental taking of sea turtles protected under Section 609.

**DATES :**  Effective Date: On Publication.

**FOR FURTHER INFORMATION CONTACT :**  James J. Hogan, III, Office of Marine Conservation, Bureau of Oceans and International Environmental and Scientific Affairs, Department of State, Washington, DC 20520–7818; telephone: (202) 647–2252.

**SUPPLEMENTARY INFORMATION :**  Section 609 of Public Law 101–162 prohibits imports of certain categories of shrimp unless the President certifies to the Congress not later than May 1 of each year either: (1) That the harvesting nation has adopted a program governing the incidental capture of sea turtles in its commercial shrimp fishery comparable to the program in effect in the United States and has an incidental take rate comparable to that of the United States; or (2) that the fishing environment in the harvesting nation does not pose a threat of the incidental taking of sea turtles. The President has delegated the authority to make this certification to the Department of State. Revised State Department guidelines for making the required certifications were published in the Federal Register on July 2, 1999 (Vol. 64, No. 130, Public Notice 3086).

On April 30, 2010, the Department certified 13 nations on the basis that their sea turtle protection programs are comparable to that of the United States: Belize, Colombia, Ecuador, El Salvador, Guatemala, Guyana, Honduras, Madagascar, Nicaragua, Nigeria, Pakistan, Panama and Suriname.

The Department also certified 25 shrimp harvesting nations and one economy as having fishing environments that do not pose a danger to sea turtles. Sixteen nations have shrimping grounds only in cold waters where the risk of taking sea turtles is negligible. They are: Argentina, Belgium, Canada, Chile, Denmark, Finland, Germany, Iceland, Ireland, the Netherlands, New Zealand, Norway, Russia, Sweden, the United Kingdom, and Uruguay. Nine nations and one economy only harvest shrimp using small boats with crews of less than five that use manual rather than mechanical means to retrieve nets, or catch shrimp using other methods that do notthreaten sea turtles. Use of such smallscale technology does not adversely affect sea turtles. The nine nations and one economy are: The Bahamas, China, the Dominican Republic, Fiji, Hong Kong, Jamaica, Oman, Peru, Sri Lanka and Venezuela.

The Department of State withdrew Mexico’s certification in March 2010 because Mexico’s turtle protection program is not currently comparable to the U.S. program. An import prohibition went into effect on April 20, 2010. The United States Government and the Government of Mexico are working together to strengthen Mexico’s Turtle Excluder Device (TED) program and to advance shared sea turtle conservation goals. Both governments are engaged to ensure renewal of Mexican certification within the shortest period of time consistent with the requirements of U.S. law.

The Department has certified Venezuela once again, albeit on a different basis than last year. In March 2008, the Government of Venezuela passed a law banning industrial shrimp trawling in its waters. The ban remains in effect. As a result, the Department has certified Venezuela as a nation whose fishing environment does not pose a threat of the incidental taking of sea turtles.

The Department of State has communicated the certifications under Section 609 to the Office of Field Operations of U.S. Customs and Border Protection.

In addition, this Federal Register Notice confirms that the requirement for all DS–2031 forms from uncertified nations must be originals and signed by the competent domestic fisheries authority. This policy change was first announced in a Department of State