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). 

24The 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 by 

offering 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. 

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

• 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 defense 

equipment (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 Trade 

and 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 not 

threaten 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 

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