10336 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 

21 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 17 CFR 240.19b–4(f)(6). 

5See Securities Exchange Act Release No. 59996 

(May 28, 2009), 74 FR 26912 (June 4, 2009) (SR– 

NYSE–2009–48) (the ‘‘Pilot Program Notice’’). 

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 Exchange consents, 

the Commission shall: (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, 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–BATS–2010–002 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–BATS–2010–002. 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, 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 Exchange. 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–BATS–2010–002 and 

should be submitted on or before March 

26, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.21

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4658 Filed 3–4–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61609; File No. SR–NYSE– 

2010–13] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by New York 

Stock Exchange LLC To Extend the 

Pilot Program in Relation to Certain of 

Its Continued Listing Standards 

March 1, 2010. 

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

Securities Exchange Act of 1934 (the 

‘‘Exchange Act’’),2 and Rule 19b–4 

thereunder,3 notice is hereby given that, 

on February 25, 2010, New York Stock 

Exchange LLC (the ‘‘NYSE’’ or the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission the proposed 

rule changes as described in Items I and 

II below, which items have been 

prepared by the Exchange. The 

Exchange has designated this proposal 

eligible for immediate effectiveness 

pursuant to Rule 19b–4(f)(6) 4 under the 

Exchange Act. The Commission is 

publishing this notice to solicit 

comments on the proposed rule changes 

from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes extend [sic] 

until June 30, 2010, the operation of an 

amendment to the continued listing 

requirements in Section 802.01B of the 

Exchange’s Listed Company Manual 

(the ‘‘Manual’’) that is currently in effect 

on a pilot program basis (the ‘‘Pilot 

Program’’). 

The text of the proposed rule change 

is available on the Exchange’s Web site 

(http://www.nyse.com), at the 

Exchange’s Office of the Secretary and 

at the Commission’s Public Reference 

room. 

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 these statements may be examined at 

the places specified in Item IV below. 

The NYSE has prepared summaries, set 

forth in Sections A, B and C below, of 

the most significant aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The NYSE proposes to extend until 

June 30, 2010, the Pilot Program 

currently in effect in relation to the 

continued listing requirements in 

Section 802.01B of the Manual. 

Prior to the adoption of the Pilot 

Program,5 Section 802.01B(I) of the 

Manual provided that any company that 

qualified to list under the Earnings Test 

set out in Section 102.01C(I) or in 

Section 103.01B(I) (in the case of foreign 

private issuers) or pursuant to the 

requirements set forth under the Assets 

and Equity Test set forth in Section 

102.01C(IV) or the ‘‘Initial Listing 

Standard for Companies Transferring 

from NYSE Arca’’ (the ‘‘NYSE Arca 

Transfer Standard’’) set forth in Section 

102.01(C)(V) (the NYSE Arca Transfer 

Standard expired by its terms on August 

31, 2009) was considered to be below 

compliance standards if such company’s 

average global market capitalization 

over a consecutive 30 trading-day 

period was less than $75 million and, at 

the same time, total stockholders’ equity 

was less than $75 million. Under the 

Pilot Program, companies that listed 

under the initial listing standards set 

forth in the immediately preceding 

sentence are considered to be below 

compliance standards if average global 

market capitalization over a consecutive 

30 trading-day period is less than $50 

million and, at the same time, total 

stockholders’ equity is less than $50 


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Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 10337 

6See Securities Exchange Act Release No. 60911 

(November 2, 2009), 74 FR 57730 (November 9, 

2010) (SR–NYSE–2009–109). 

7The Commission notes that on February 26, 

2010, the Exchange submitted a proposed rule 

change to make the Pilot Program permanent. (See 

SR–NYSE–2010–15). 

8See Securities Exchange Act Release No. 51813 

(June 9, 2005), 70 FR 35484 (June 20, 2005) (SR– 

NYSE–2004–20). The Assets and Equity Test set 

forth in Section 102.01C(IV) and the NYSE Arca 

Transfer Standard set forth in Section 102.01C(V) 

were adopted subsequent to this amendment. 

9See the Pilot Program Notice at Note 5. 

10 17 CFR 240.a51–1(a)(2)(ii). [sic] 

11 17 CFR 240.a51–1. [sic] 

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

13 15 U.S.C. 78f(b)(5). 

14 15 U.S.C. 78s(b)(3)(A). 

15 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires a self-regulatory organization to 

provide the Commission with written notice of its 

intent to file the proposed rule change, along with 

a brief description and text of the proposed rule 

change, at least five business days prior to the date 

of filing of the proposed rule change, or such 

shorter time as designated by the Commission. The 

Exchange has fulfilled this requirement. 

16 Id. 

17 17 CFR 240.19b–4(f)(6)(iii). 

18 Id. 

19See Securities Exchange Act Release No. 51813 

(June 9, 2005), 70 FR 35484 (June 20, 2005) (SR– 

NYSE–2004–20). 

20For purposes only of waiving the operative 

delay for this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

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

million. The Pilot Program originally 

expired by its terms on October 31, 

2009, but the Exchange extended its 

application for an additional five 

months, until February 28, 2010.6 The 

Exchange now proposes to extend the 

Pilot Program until June 30, 2010. The 

Exchange is submitting a filing 

concurrently with this filing in which it 

proposes to make the Pilot Program 

permanent.7 If the SEC approves that 

filing prior to June 30, 2010, the Pilot 

Program will expire and the amendment 

to Section 802.01B(I) will become 

permanent at that time. 

For companies listed under the 

Earnings Test, the Pilot Program 

returned continued listing requirements 

to those in place prior to the adoption 

of the current requirements on June 9, 

2005.8 Consequently, prior to 

implementation of the Pilot Program, 

the Exchange had considerable 

historical experience with the continued 

listing of companies that had continued 

to trade on the Exchange with global 

market capitalization and stockholders’ 

equity each below $75 million but 

greater than $50 million. In addition, 

the Exchange’s experience under the 

Pilot Program has been very positive, as 

only one of the companies that was 

deemed back in compliance as a result 

of the adoption of the Pilot Program has 

subsequently fallen below the standard 

as amended by the Pilot Program as of 

the date of this filing and only two 

additional companies have been newly 

identified as being below the Pilot 

Program standard. Based on this 

experience, the Exchange believes that 

companies that exceed the continued 

listing standards as amended by the 

Pilot Program are suitable for continued 

listing on the Exchange. 

The Exchange believes that the 

continued listing standards as amended 

by the Pilot Program are at least as 

stringent as those of any other national 

securities exchange. Consequently, the 

Exchange believes that the Pilot 

Program is consistent with the 

protection of investors and the public 

interest and does not raise any novel 

regulatory issues. In addition, the 

Exchange notes that the Commission 

stated in the Pilot Program Notice 9 that 

it believed that the continued listing 

standards adopted under the Pilot 

Program met the requirements 

established in Exchange Act Rule 3a51– 

1(a)(2)(ii) 10 in that they were reasonably 

related to the initial listing standards set 

forth in paragraph (a)(20)(i)[sic] of 

Exchange Act Rule 3a51–1 (the ‘‘Penny 

Stock Rule’’).11

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) 12 of the Exchange Act, in 

general, and furthers the objectives of 

Section 6(b)(5) 13 of the Exchange Act in 

particular in that it is designed to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

regulating, clearing, settling, processing 

information with respect to, and 

facilitating transactions in securities, 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 extension to the Pilot 

Program is consistent with the investor 

protection objectives of the Exchange 

Act in that the continued listing 

standards under the Pilot Program are 

set at a high enough level that only 

companies that are suitable for 

continued listing on the Exchange will 

exceed the standards. 

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 Exchange Act. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants or Others 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change: (1) Does not significantly affect 

the protection of investors or the public 

interest; (2) does not impose any 

significant burden on competition; and 

(3) by its terms does not become 

operative for 30 days after the date of 

this filing, 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) 14 of the Act and 

Rule 19b–4(f)(6) thereunder.15

A proposed rule change filed under 

Rule 19b–4(f)(6) 16 normally may not 

become operative prior to 30 days after 

the date of filing. However, Rule 19b– 

4(f)(6)(iii) 17 permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. The 

Exchange requests that the Commission 

waive the 30-day operative delay, as 

specified in Rule 19b–4(f)(6)(iii),18

which would make the rule change 

operative upon filing. 

The Commission believes that 

waiving the 30-day operative delay is 

consistent with the protection of 

investors and the public interest 

because such waiver will allow the 

current Pilot Program to continue 

without interruption. The Commission 

notes that the standards under the Pilot 

Program are identical, for those 

companies qualifying under the 

Earnings Test, to those in effect on the 

Exchange prior to the adoption of the 

current standards in 2005.19 The NYSE 

represents that the continued listing 

standards proposed under the Pilot 

Program are at least as stringent as those 

of any other national securities 

exchange. In addition, the Commission 

notes that the pilot period will allow the 

NYSE and the Commission to continue 

to assess the new continued listing 

standards. For these reasons, the 

Commission designates the proposed 

rule change operative upon filing.20

At any time within 60 days of the 

filing of such proposed rule change, the 

Commission may summarily abrogate 

such rule change if it appears to the 

Commission that such action is 

necessary or appropriate in the public 


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10338 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 

21 17 CFR 200.30–3(a)(12). 

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 Exchange 

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–2010–13 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Secretary, Securities and Exchange 

Commission, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File 

Number SR–NYSE–2010–13. 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, 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 Exchange. 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–2010–13 and should 

be submitted on or before March 26, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.21

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4659 Filed 3–4–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 6914] 

60-Day Notice of Proposed Information 

Collection: DS–2031, Shrimp 

Exporter’s/Importer’s Declaration, 

OMB Control Number 1405–0095 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collection described below. 

The purpose of this notice is to allow 60 

days for public comment in the Federal 

Register preceding submission to OMB. 

We are conducting this process in 

accordance with the Paperwork 

Reduction Act of 1995. 

• Title of Information Collection: 

Shrimp Exporter’s/Importer’s 

Declaration 

• OMB Control Number: 1405–0095 

• Type of Request: Extension of a 

Currently Approved Collection. 

• Originating Office: Bureau of 

Oceans and International Environmental 

and Scientific Affairs, Office of Marine 

Conservation (OES/OMC) 

• Form Number: DS–2031 

• Respondents: Business or other forprofit organizations 

• Estimated Number of Respondents: 

3,000 

• Estimated Number of Responses: 

10,000 

• Average Hours per Response: 10 

minutes 

• Total Estimated Burden: 1,666 

• Frequency: On occasion 

• Obligation to Respond: Mandatory 

DATE(S): The Department will accept 

comments from the public up to 60 days 

from March 5, 2010. 

ADDRESSES: You may submit comments 

by any of the following methods: 

• Mail (paper, disk, or CD–ROM 

submissions): Office of Marine 

Conservation (OES/OMC), 2201 C 

Street, NW., Section 609 Program, Room 

2758, Washington, DC 20520 

• Fax: (202) 736–7350 

You must include the DS form 

number (if applicable), information 

collection title, and OMB control 

number in any correspondence. 

FOR FURTHER INFORMATION CONTACT: 

Direct requests for additional 

information regarding the collection 

listed in this notice, including requests 

for copies of the proposed information 

collection and supporting documents, to 

James J. Hogan, III, Office of Marine 

Conservation, Bureau of Oceans and 

International Environmental and 

Scientific Affairs, Department of State, 

Washington, DC 20520–7818; who may 

be reached on (202) 647–2252. 

SUPPLEMENTARY INFORMATION: 

We are soliciting public comments to 

permit the Department to: 

• Evaluate whether the proposed 

information collection is necessary for 

the proper performance of 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: The 

Form DS–203 is necessary to document 

imports of shrimp pursuant to the State 

Department’s implementation of Section 

609 of Public Law 101–162, which 

prohibits the entry into the United 

States of shrimp harvested in ways 

which are harmful to sea turtles. 

Respondents are shrimp exporters and 

government officials in countries which 

export shrimp to the United States. The 

DS–2031 Form is to be retained by the 

importer for a period of three years 

subsequent to entry, and during that 

time is to be made available to U.S. 

Customs and Border Protection or the 

Department of State upon request. 

Methodology: The DS–2031 form is 

completed by the exporter, the importer, 

and under certain conditions a 

government official of the exporting 

country. The DS–2031 Form 

accompanies shipment of shrimp and 

shrimp products to the United States 

and is to be made available to U.S. 

Customs and Border Protection at the 

time of entry. 

Dated: February 17, 2010. 

David A. Balton, 

Deputy Assistant Secretary for Oceans and 

Fisheries, Department of State. 

[FR Doc. 2010–4705 Filed 3–4–10; 8:45 am] 

BILLING CODE 4710–09–P 


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