9472 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

13The text of the proposed rule change is 

available on CBOE’s Web site at http:// 

www.cboe.org/Legal, on the Commission’s Web site 

at http://www.sec.gov, at CBOE, and at the 

Commission’s Public Reference Room. 

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. 

4See Securities Exchange Act Release No. 60933 

(November 4, 2009), 74 FR 58334 (November 12, 

2009) (order approving SR–FINRA–2008–067). 

FINRA also recently filed for immediate 

effectiveness to (i) adopt non-substantive technical 

changes to consolidated FINRA Rule 4521(d), and 

(ii) amend FINRA Incorporated NYSE Rule 312(g). 

See Securities Exchange Act Release No. 61408 

(January 22, 2010), 75 FR 4596 (January 28, 2010) 

(SR–FINRA–2010–004). See also SR–FINRA–2010– 

008, filed on February 4, 2010. These changes are 

incorporated in this rule filing. 

5See FINRA Regulatory Notice 09–71 (December 

7, 2009). 

6As provided in paragraph 2(b) of the 17d-2 

Agreement, FINRA and NYSE will amend the list 

of Common Rules to conform to the rule changes 

proposed herein. 

7 15 U.S.C. 78a, et seq. 

8See Securities Exchange Act Release Nos. 56148 

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

approving the 17d-2 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 17d-2 

Agreement, adding NYSE Amex LLC as a party). 

Paragraph 2(b) of the 17d-2 Agreement sets forth 

procedures regarding proposed changes by FINRA, 

NYSE or NYSE Amex to the substance of any of the 

Common Rules. 

9FINRA’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 (‘‘Common 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. 

submission,13 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 

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 

Number SR–CBOE–2010–016 and 

should be submitted on or before March 

23, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4231 Filed 3–1–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61557; File No. SR–NYSE– 

2010–10] 

Self-Regulatory Organizations; Notice 

of Filing and Order Granting 

Accelerated Approval of Proposed 

Rule Change by New York Stock 

Exchange LLC Changing Certain NYSE 

Rules and Rule Interpretations To 

Correspond With Rule Changes Filed 

by the Financial Industry Regulatory 

Authority, Inc. 

February 22, 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 February 

16, 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, II, and III 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 and to approve the proposal on 

an accelerated basis. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes changes to 

certain NYSE Rules and Rule 

Interpretations to correspond with rule 

changes filed by the Financial Industry 

Regulatory Authority, Inc. (‘‘FINRA’’) 

and approved by the Commission.4 The 

Exchange proposes to apply these 

changes retroactively to February 8, 

2010. 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 

Exchange 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 adopt changes to certain 

NYSE Rules and Rule Interpretations to 

correspond with rule changes filed by 

FINRA and approved by the 

Commission. The Exchange proposes to 

apply these changes retroactively to 

February 8, 2010, the same effective 

date for FINRA’s rule changes.5 The 

Exchange states that making the 

proposed rule change retroactive to 

February 8, 2010 would ensure that the 

proposed rule changes are operative and 

effective at the same time as FINRA’s 

rule changes, that there are no 

regulatory gaps between the FINRA and 

NYSE Rules and that, as applicable, the 

NYSE Rules maintain their status as 

Common Rules under the 17d-2 

Agreement.6

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 Act,7 NYSE, NYSER 

and FINRA entered into an agreement 

(the ‘‘17d-2 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 17d-2 Agreement 

effective December 15, 2008.8

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.9

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9473 

10See Securities Exchange Act Release No. 61408 

(January 22, 2010), 75 FR 4596 (January 28, 2010). 

See also SR–FINRA–2010–008, filed on February 4, 

2010. 

11FINRA also deleted references to FINRA 

Incorporated NYSE Rules 313.14 (A–B–C 

agreements) and 313.18 (Sole board member 

provision) as part of its clean-up of Rule 313. See 

Securities Exchange Act Release No. 60933 

(November 4, 2009), 74 FR 58334 (November 12, 

2009). The Exchange also proposes to delete those 

references in NYSE Rule 313. 

12NYSE Amex has submitted a companion rule 

filing amending its rules in accordance with 

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

13. 

13 15 U.S.C. 78f(b). 

14 15 U.S.C. 78f(b)(5). 

Proposed Conforming Amendments to 

NYSE Rules 

FINRA recently adopted consolidated 

FINRA Rules 4110 (Capital 

Compliance), 4120 (Regulatory 

Notification and Business Curtailment), 

4130 (Regulation of Activities of Section 

15C Member Organizations 

Experiencing Financial and/or 

Operational Difficulties), 4140 (Audit) 

and 4521 (Notifications, Questionnaires 

and Reports) as part of its rule set 

governing financial responsibility of 

member firms. FINRA also amended 

consolidated FINRA Rules 9557 

(Procedures for Regulating Activities 

Under Rules 4110, 4120 and 4130 

Regarding a Member Experiencing 

Financial or Operational Difficulties) 

and 9559 (Hearing Procedures for 

Expedited Proceedings Under the Rule 

9550 Series), as well as Section 4(g) of 

Schedule A of the FINRA By-Laws to 

reflect the adoption of the new Rules.10

Because they are incorporated with or 

replaced by these new consolidated 

FINRA Rules, FINRA also deleted and/ 

or amended certain FINRA Incorporated 

NYSE Rules and Rule Interpretations, 

including 312(g)—(h) (Changes Within 

Member Organizations), 313(d) 

(Submission of Partnership Articles— 

Submission of Corporate Documents), 

313(d)/01 -/02 (Opinion of Counsel), 

325 (Capital Requirements Member 

Organizations), 325(c)(1)/01 (Long Put 

or Call Options), 326(a) (Growth Capital 

Requirement), 326(b) (Business 

Reduction Capital Requirement), 326(c) 

(Unsecured Loans and Advances), 

326(d) (Reduction of Elimination of 

Loans and Advances), 328 (Sale-AndLeasebacks, Factoring, Financing and 

Similar Arrangements), 416.20 

(Questionnaires and Reports), 416/01 

(Gold and Silver Offerings), 418 (Audit), 

420 (Reports of Borrowings and 

Subordinate Loans For Capital 

Purposes) and 421 (Periodic Reports).11

To harmonize the NYSE Rules with 

the approved consolidated FINRA 

Rules, the Exchange correspondingly 

proposes to delete and/or amend NYSE 

Rules and Rule Interpretations 312(g)— 

(h), 313(d), 313(d)/01 -/02, 325, 

325(c)(1)/01, 326(a)—(d), 328, 416.20, 

416/01, 418, 420 and 421, and replace 

them with proposed NYSE Rules 4110, 

4120, 4130, 4140 and 4521, which are 

substantially similar to the new FINRA 

Rules.12

As proposed, NYSE Rules 4110, 4120, 

4130, 4140 and 4521 adopt the same 

language as the corresponding 

consolidated FINRA Rules, except for 

substituting for or adding to, as needed, 

the term ‘‘Exchange’’ for ‘‘FINRA’’ and 

the term ‘‘member organization’’ for the 

term ‘‘member’’, and making 

corresponding technical changes that 

reflect the difference between NYSE’s 

and FINRA’s membership structures. 

In addition, the Exchange proposes 

other changes to the NYSE version of 

the Rules in order to apply them to the 

Exchange. First, in proposed NYSE 

Rules 4110(a) and 4140(a), the Exchange 

proposes to amend FINRA’s version of 

the Rules referring to ‘‘FINRA’s 

Executive Vice President charged with 

oversight for financial responsibility, or 

his or her written officer delegate,’’ to 

remove this language as it is 

inapplicable to the Exchange. As 

amended, the Exchange would retain 

the flexibility to arrange to have FINRA 

conduct the actual oversight and 

application of the proposed Rules 

pursuant to the 17d-2 Agreement or a 

Regulatory Services Agreement as 

warranted. 

Second, in proposed NYSE Rules 

4110, 4120 and 4130, the Exchange 

proposes to add cross-references to 

NYSE Rule 475. Similar to FINRA Rule 

9557, NYSE Rule 475 provides the 

Exchange with the ability to take 

summary action against a member or 

member organization that is facing 

financial or operational difficulties 

subject to certain due process 

considerations, including notice and an 

opportunity to be heard. The Exchange 

believes it should retain its current 

disciplinary procedures for addressing 

non-FINRA members and member 

organizations that face financial or 

operational difficulties. 

Finally, in proposed NYSE Rules 

4140(b) and 4521(e), the Exchange 

proposes to amend the language from 

FINRA’s version of the Rules referring to 

Schedule A, Section 4(g) of the FINRA 

By-Laws to simply incorporate the 

language of Section 4(g) into the NYSE 

version of the Rules. Accordingly, 

proposed NYSE Rules 4140(b) and 

4521(e) specify that member 

organizations that fail to timely file any 

report, notification or information 

pursuant to those Rules will be subject 

to a late fee of $100 per day, for a period 

not to exceed 10 business days. Under 

the proposed Rules, requests for an 

extension of time must be submitted at 

least three business days prior to the 

due date of the report, notification or 

information required to be provided. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,13 in general, and 

further the objectives of Section 6(b)(5) 

of the Act,14 in particular, 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 

Exchange 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 Common 

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. The Exchange 

states that making the proposed rule 

change retroactive to February 8, 2010 

would ensure that the proposed rule 

changes are operative and effective at 

the same time as FINRA’s rule changes, 

that there are no regulatory gaps 

between the FINRA and NYSE Rules 

and that, as applicable, the NYSE Rules 

maintain their status as Common Rules 

under the 17d-2 Agreement. 

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. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

9474 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

15 15 U.S.C. 78f. 

16 In approving this proposed rule change, the 

Commission has considered its impact on 

efficiency, competition, and capital formation. See 

78c(f). 

17See 15 U.S.C. 78f(b)(5). 

18See Securities Exchange Act Release No. 61408 

(January 22, 2010), 75 FR 4596 (January 28, 2010). 

See also SR–FINRA–2010–008, filed on February 4, 

2010. 

19See 15 U.S.C. 78s(b)(2). 

20See id. 

21 17 CFR 200.30–3(a)(12). 

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–2010–10 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–2010–10. 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 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– 

2010–10 and should be submitted on or 

before March 23, 2010. 

IV. Commission’s Findings and Order 

Granting Accelerated Approval of 

Proposed Rule Change 

After careful consideration, the 

Commission finds that the Exchange’s 

proposal to retroactively apply the 

proposed rule change to February 8, 

2010 is consistent with the requirements 

of the Section 6 of the Act15 and the 

rules and regulations thereunder 

applicable to a national securities 

exchange.16 In particular, the 

Commission believes that the proposed 

rule change is consistent with Section 

6(b)(5) in particular, 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.17

Approving the proposed rule change, 

and making such approval retroactive to 

February 8, 2010, would ensure that the 

proposed rule changes are operative and 

effective at the same time as FINRA’s 

rule changes, that there are no 

regulatory gaps between the FINRA and 

NYSE Rules and that, as applicable, the 

NYSE Rules maintain their status as 

Common Rules under the 17d–2 

Agreement 

The Exchange has requested that the 

Commission find good cause for 

approving the proposed rule change 

prior to the thirtieth day after 

publication of the notice thereof in the 

Federal Register. The Commission 

believes that good cause exists for 

accelerated approval of the proposed 

rule change because it raises no novel 

issues and is consistent with the FINRA 

rule filings previously approved by or 

filed with the Commission on which it 

is based.18 Except as has been 

specifically noted and subject to a 

number of technical changes necessary 

to apply the Rules to the Exchange, the 

proposed rule changes will conform 

certain NYSE Rules and Rule 

Interpretations to FINRA’s amendments 

to corresponding FINRA Incorporated 

NYSE Rules and Rule Interpretations 

and FINRA’s adoption of consolidated 

FINRA Rules 4110, 4120, 4130, 4140 

and 4521 in furtherance of the 

consolidation of the member firm 

regulation functions of NYSER and 

FINRA. Accordingly, the Commission 

finds good cause, pursuant to Section 

19(b)(2) of the Act,19 for approving the 

proposed rule change prior to the 

thirtieth day after publication of the 

notice thereof in the Federal Register. 

V. Conclusion 

It is therefore ordered, pursuant to 

Section 19(b)(2) of the Act,20 that the 

proposed rule change, (SR–NYSE–2010– 

10), is hereby approved on an 

accelerated basis. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.21

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4228 Filed 3–1–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

Reports, Forms, and Record Keeping 

Requirements; Agency Information 

Collection Activity Under OMB Review 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), DOT. 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.), this notice 

announces that the Information 

Collection Request (ICR) abstracted 

below has been forwarded to the Office 

of Management and Budget (OMB) for 

review and comment. The ICR describes 

the nature of the information collection 

and the expected burden. The Federal 

Register Notice with a 60-day comment 

period was published on March 20, 

2009 (74 FR 11992–11993). 

DATES: Comments must be submitted on 

or before April 1, 2010. 

ADDRESSES: Send comments, within 30 

days, to the Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725–17th 

Street, NW., Washington, DC 20503, 

Attention NHTSA Desk Officer. 

FOR FURTHER INFORMATION CONTACT: 

Randolph Atkins, Ph.D., Office of 

Behavioral Safety Research, National 

Highway Traffic Safety Administration, 

NTI–131, Room W46–500, 1200 New 

Jersey Ave., SE., Washington, DC 20590. 

Dr. Atkins’ phone number is 202–366– 

5597 and his e-mail address is 

randolph.atkins@dot.gov. 

SUPPLEMENTARY INFORMATION: 

Title: National Survey of Speeding 

Attitudes and Behavior: 2010. 

Type of Request: New information 

collection requirement. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES