75530 Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices 

prior to the date of filing of the proposed rule 

change, or such shorter time as designated by the 

Commission. The Commission notes that FINRA 

has satisfied the five-day pre-filing notice 

requirement. 

13For the purposes only of waiving the operative 

date of this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 

14 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. 

4 15 U.S.C. 78s(b)(3)(A). 

5 17 CFR 240.19b–4(f)(6). 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. 

Because FINRA is delaying the 

implementation of the rule only, FINRA 

has requested that the Commission 

waive the 30-day operative delay so that 

the proposal may become operative 

upon filing. For these reasons, the 

Commission believes it is consistent 

with the protection of investors and the 

public interest to waive the 30-day 

operative delay, and hereby grants such 

waiver.13

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, as amended, 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–FINRA–2010–062 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–FINRA–2010–062. 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 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 

FINRA. 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–FINRA–2010–062 

and should be submitted on or before 

December 27, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–30319 Filed 12–2–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–63382; File No. SR–NYSE– 

2010–73] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC Amending NYSE 

Rule 5190 To Correspond With Rule 

Changes Filed by the Financial 

Industry Regulatory Authority, Inc. 

November 29, 2010. 

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 November 

19, 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 

Exchange has designated the proposed 

rule change as constituting a ‘‘noncontroversial’’ rule change under 

Section 19(b)(3)(A) of the Act,4 and Rule 

19b–4(f)(6) thereunder,5 which renders 

the proposal effective upon filing with 

the Commission. 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 5190 to correspond with 

rule changes filed by the Financial 

Industry Regulatory Authority, Inc. 

(‘‘FINRA’’) and approved by the 

Commission. The text of the proposed 

rule change is available at the Exchange, 

the Commission’s Public Reference 

Room, and 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 

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 purpose of the proposed rule 

changes is to amend NYSE Rule 5190 

(Notification Requirements for Offering 

Participants) to correspond with rule 

changes filed by FINRA and approved 

by the Commission. 

Background: 

On July 30, 2007, FINRA’s 

predecessor, 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’’). 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices 75531 

6See Securities Exchange Act Release Nos. 56148 

(July 26, 2007); 72 FR 42146 (Aug. 1, 2007) (order 

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

FR 42166 (Aug. 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 (Aug. 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. 

7FINRA’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. 

8See Securities Exchange Act Release No. 62970 

(Sep. 22, 2010); 75 FR 59771 (Sep. 28, 2010) (SR– 

FINRA–2010–37). 

9See Securities Exchange Act Release No. 59965 

(May 21, 2009); 74 FR 25783 (May 29, 2009) (SR– 

NYSE–2009–25). 

10NYSE Amex has submitted a companion rule 

filing amending its rules in accordance with 

FINRA’s rule changes. See SR–NYSEAmex–2010– 

106. 

11 15 U.S.C. 78f(b). 

12 15 U.S.C. 78f(b)(5). 

13 15 U.S.C. 78s(b)(3)(A)(iii). 

14 17 CFR 240.19b–4(f)(6). 

15 17 CFR 240.19b–4(f)(6). 

16 17 CFR 240.19b–4(f)(6)(iii). 

17For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

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

NYSE Amex LLC (‘‘NYSE Amex’’) 

became a party to the Agreement 

effective December 15, 2008.6

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.7

Proposed Conforming Amendments to 

NYSE Rules: 

FINRA recently amended FINRA Rule 

5190 to amend the notice requirements 

applicable to distributions of securities 

that are considered ‘‘actively traded’’ 

and thus are not subject to a restricted 

period under Rule 101 of Regulation M.8

As approved, the substance of the 

information that must be provided in 

the notice did not change, only the 

timing of the notice. 

The Exchange previously adopted 

NYSE Rule 5190 to harmonize the 

notification requirements for offering 

participants with FINRA Rule 5190.9 In 

order to harmonize the NYSE Rules 

with the approved FINRA Rules, the 

Exchange proposes to amend NYSE 

Rule 5190 to conform to the recently 

approved amendments to FINRA Rule 

5190.10 Accordingly, the Exchange 

similarly proposes to amend NYSE Rule 

5190(d) to provide that member 

organizations will be required to 

provide a single notice under 

subparagraphs (1) and (2) of Rule 

5190(d). 

2. Statutory Basis 

The Exchange believes that the 

proposed rule changes are consistent 

with Section 6(b) of the Act,11 in 

general, and further the objectives of 

Section 6(b)(5) of the Act,12 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 Exchange believes that the 

proposed rule changes support the 

objectives of the Act by providing 

greater harmonization among NYSE 

Rules, NYSE Amex Equities 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 Exchange 

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 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)(iii) of the Act 13 and Rule 

19b–4(f)(6) thereunder.14 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, if 

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) 15 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b4(f)(6)(iii),16 the Commission 

may designate a shorter time if such 

action is consistent with the protection 

of investors and the public interest. The 

Exchange has asked the Commission to 

waive the 30-day operative delay so that 

the proposal may become operative 

immediately upon filing. The 

Commission notes that the proposed 

rule change would bring NYSE Rule 

5190 into harmony with FINRA Rule 

5190. For this reason, the Commission 

believes that waiving the 30-day 

operative delay 17 is consistent with the 

protection of investors and the public 

interest. Therefore, the Commission 

designates the proposal operative upon 

filing. 

At any time within the 60-day period 

beginning on the date 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 (http://www.sec.gov/ 

rules/sro.shtml); or 

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

Number SR–NYSE–2010–73 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–2010–73. This file 

mstockstill on DSKH9S0YB1PROD with NOTICES

75532 Federal Register / Vol. 75, No. 232 / Friday, December 3, 2010 / Notices 

18 17 CFR 200.30–3(a)(12). 

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 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 will 

also be available for inspection and 

copying at the NYSE’s principal office 

and on its Internet Web site at 

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– 

2010–73 and should be submitted on or 

before December 27, 2010.18

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority. 

Elizabeth M. Murphy, 

Secretary. 

[FR Doc. 2010–30318 Filed 12–2–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 7234] 

Shipping Coordinating Committee; 

Notice of Committee Meeting 

The Shipping Coordinating 

Committee (SHC) will conduct an open 

meeting at 9:30 a.m. on Tuesday, 

January 18, 2011, in Room 6103 of the 

United States Coast Guard Headquarters 

Building, 2100 Second Street, SW., 

Washington, DC 20593–0001. The 

primary purpose of the meeting is to 

prepare for the forty-second Session of 

the International Maritime 

Organization’s (IMO) Standards of 

Training and Watchkeeping (STW) to be 

held at the IMO headquarters in 

London, United Kingdom, from January 

24 to January 28, 2011. 

The primary matters to be considered 

include: 

—Adoption of the agenda; 

—Decisions of other IMO bodies; 

—Validation of model training courses; 

—Unlawful practices associated with 

certificates of competency; 

—Casualty analysis; 

—Development of an e-navigation 

strategy implementation plan; 

—Revision of the Recommendations for 

entering enclosed spaces aboard 

ships; 

—Development of model procedures for 

executing shipboard emergency 

measures; 

—Development of training standards for 

recovery systems; 

—Development of unified 

interpretations for the term ‘‘approved 

seagoing service’’; 

—Work program and provisional agenda 

for STW 43; 

—Election of Chairman and ViceChairman for 2012; 

—Any other business; 

—Report to the Marine Safety 

Committee. 

Members of the public may attend 

this meeting up to the seating capacity 

of the room. To facilitate the building 

security process, and to request 

reasonable accommodation, those who 

plan to attend should contact the 

meeting coordinator, Ms. Zoe Goss, by 

e-mail at zoe.a.goss@uscg.mil, by phone 

at (202) 372–1425, by fax at (202) 372– 

1926, or in writing at Commandant (CG– 

5221), U.S. Coast Guard, 2100 2nd 

Street, SW., Stop 7126, Washington, DC 

20593–7126 not later than January 11th, 

2011, 7 days prior to the meeting. 

Requests made after January 11th might 

not be able to be accommodated. Please 

note that due to security considerations, 

two valid, government issued photo 

identifications must be presented to 

gain entrance to the Headquarters 

building. The Headquarters building is 

accessible by taxi and privately owned 

conveyance (public transportation is not 

generally available). However, parking 

in the vicinity of the building is 

extremely limited. Additional 

information regarding this and other 

IMO SHC public meetings may be found 

at: http://www.uscg.mil/imo. 

Dated: November 24, 2010. 

Jon Trent Warner, 

Executive Secretary, Shipping Coordinating 

Committee, Department of State. 

[FR Doc. 2010–30378 Filed 12–2–10; 8:45 am] 

BILLING CODE 4710–09–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

[FHWA Docket No. FHWA–2010–0151] 

Surface Transportation Project 

Delivery Pilot Program; Caltrans Audit 

Report 

AGENCY: Federal Highway 

Administration (FHWA), DOT. 

ACTION: Notice; request for comment. 

SUMMARY: Section 6005 of the Safe, 

Accountable, Flexible, Efficient 

Transportation Equity Act: A Legacy for 

Users (SAFETEA–LU) established the 

Surface Transportation Project Delivery 

Pilot Program, codified at 23 U.S.C. 327. 

To ensure compliance by each State 

participating in the Pilot Program, 23 

U.S.C. 327(g) mandates semiannual 

audits during each of the first 2 years of 

State participation. This notice 

announces and solicits comments on the 

fifth audit report for the California 

Department of Transportation (Caltrans). 

DATES: Comments must be received on 

or before January 3, 2011. 

ADDRESSES: Mail or hand deliver 

comments to Docket Management 

Facility: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, 

Washington, DC 20590. You may also 

submit comments electronically at 

http://www.regulations.gov, or fax 

comments to (202) 493–2251. 

All comments should include the 

docket number that appears in the 

heading of this document. All 

comments received will be available for 

examination and copying at the above 

address from 9 a.m. to 5 p.m., e.t., 

Monday through Friday, except Federal 

holidays. Those desiring notification of 

receipt of comments must include a selfaddressed, stamped postcard or you 

may print the acknowledgment page 

that appears after submitting comments 

electronically. Anyone is able to search 

the electronic form of all comments in 

any one of our dockets by the name of 

the individual submitting the comment 

(or signing the comment, if submitted 

on behalf of an association, business, or 

labor union). You may review the DOT’s 

complete Privacy Act Statement in the 

Federal Register published on April 11, 

2000, (Volume 65, Number 70, Pages 

19477–78) or you may visit http:// 

DocketsInfo.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Ruth Rentch, Office of Project 

Development and Environmental 

Review, (202)–366–2034, 

Ruth.Rentch@dot.gov, or Mr. Michael 

Harkins, Office of the Chief Counsel, 

mstockstill on DSKH9S0YB1PROD with NOTICES