10858 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices 

16 15 U.S.C. 78s(b)(3)(A). 17 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the self-regulatory organization 

to submit to the Commission 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 satisfied this requirement. 

18 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 [sic] Release No. 59975 

(May 27, 2009) [sic], 74 FR 26449 (June 2, 2009) 

(SR–NYSEAmex–2009–26) [sic]. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change: (i) Does not significantly affect 

the protection of investors or the public 

interest; (ii) does not impose any 

significant burden on competition; and 

(iii) by its terms, does not become 

operative for 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, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 16 and Rule 19b– 

4(f)(6) thereunder.17

At any time within 60 days of the 

filing of the 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 

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–Phlx–2010–22 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–Phlx–2010–22. 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 such 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–Phlx–2010–22 and should 

be submitted on or before March 30, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.18

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4913 Filed 3–8–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61627; File No. SR– 

NYSEAMEX–2010–11] 

Self-Regulatory Organizations; Notice 

of Filing and Immediate Effectiveness 

of Proposed Rule Change by NYSE 

Amex LLC Amending NYSE Amex Rule 

476 To Add a Provision for Violations 

Relating To Failing to Observe High 

Standards of Commercial Honor and 

Just and Equitable Principles of Trade 

March 2, 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 

9, 2010, NYSE Amex LLC (the 

‘‘Exchange’’ or ‘‘NYSE Amex’’) 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 self-regulatory 

organization. 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 Amex Rule 476 to add a provision 

for violations relating to failing to 

observe high standards of commercial 

honor and just and equitable principles 

of trade. 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 

In this filing, NYSE Amex LLC 

(‘‘NYSE Amex’’ or the ‘‘Exchange’’) 

proposes to amend NYSE Amex Rule 

476 to add a provision for violations 

relating to failing to observe high 

standards of commercial honor and just 

and equitable principles of trade. The 

Commission previously approved an 

amendment to NYSE Amex Rule 476 to 

delete subsection (a)(6), which 

concerned just and equitable principles 

of trade.4 The rationale for that deletion 

was because NYSE Amex adopted an 

equities rule—NYSE Amex Equities 

Rule 2010—that provided for the same 

content as the prior version of Rule 

476(a)(6) and that harmonized the 

Exchange rule with the New York Stock 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices 10859 

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

6 15 U.S.C. 78k–1(a)(1). 

7 15 U.S.C. 78s(b)(3)(A)(iii). 

8 17 CFR 240.19b–4(f)(6). 

9 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires that a self-regulatory 

organization submit to the Commission written 

notice of its intent to file the proposed rule change, 

along with a brief description and test of the 

proposed rule change, at least 5 business days prior 

to the date of filing of the proposed rule change, or 

such shorter time as designated by the Commission. 

The Commission notes that the Exchange has 

satisfied the five-day pre-filing notice requirement. 

10 17 CFR 240.19b–4(f)(6)(iii). 

11For purposes only of waiving the 30-day 

operative delay of this proposal, the Commission 

has considered the proposed rule’s impact on 

efficiency, competition and capital formation. 15 

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

Exchange LLC (‘‘NYSE’’) and Financial 

Industry Regulatory Authority, Inc. 

(‘‘FINRA’’) standards for just and 

equitable principles of trade. 

However, in deleting Rule 476(a)(6) as 

part of the NYSE Amex equities 

harmonization process, the Exchange 

inadvertently deleted this standard for 

its options trading platform. 

Accordingly, the Exchange proposes to 

amend Rule 476 to add subsection (a)(6) 

to cover the same content that was 

previously deleted. To ensure that the 

standards for just and equitable 

principles of trade are consistent across 

the Exchange, NYSE, and FINRA, the 

Exchange proposes to adopt rule text 

that mirrors the standard set forth in 

NYSE Amex Equities Rule 2010, which 

is virtually identical to NYSE Rule 2010 

and FINRA Rule 2010. As proposed, 

NYSE Amex Rule 476(a)(6) would read 

as follows: ‘‘failing to observe high 

standards of commercial honor and just 

and equitable principles of trade.’’ 

In adopting this revised rule text for 

Rule 476(a)(6), the Exchange would also 

be able to bring a charge relating to 

failing to observe high standards of 

commercial honor and just and 

equitable principles of trade against not 

only members and member 

organizations, but also against principal 

executives, approved persons, and 

employees of member organizations. 

This proposal is consistent with FINRA 

Rule 2010 because under FINRA Rule 

0140, persons associated with a FINRA 

member have the same duties and 

obligations as a member under FINRA 

rules. Accordingly, FINRA has the 

authority to charge an associated person 

with a violation of Rule 2010. By adding 

this standard to Rule 476(a)(6), the 

Exchange will similarly have the 

authority to charge an employee of a 

member organization with a violation 

relating to failing to observe high 

standards of commercial honor and just 

and equitable principles of trade. 

To ensure full harmonization, the 

Exchange also proposes amending Rule 

476(a)(5) and deleting the phrase ‘‘fraud 

or fraudulent acts’’ and replacing it with 

the rule text from NYSE Amex Equities 

Rule 2020 to provide that the Exchange 

can bring charges against an employee 

of a member organization for effecting 

any transaction in, or inducing the 

purchase or sale of, any security by 

means of any manipulative, deceptive or 

other fraudulent device or contrivance. 

Finally, the Exchange proposes fixing 

a typographical error and replacing the 

term ‘‘principle’’ with ‘‘principal’’ in 

connection with the rule text relating to 

‘‘principal executives.’’ 

2. Statutory Basis 

The statutory basis for the proposed 

rule change is Section 6(b)(5) of the 

Act 5 which requires the rules of an 

exchange 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 proposed rule 

change also is designed to support the 

principles of Section 11A(a)(1) 6 of the 

Act in that it seeks to assure fair 

competition among brokers and dealers 

and among exchange markets. The 

Exchange believes this rule proposal 

ensures that it will be enabled to charge, 

as necessary, when a member, member 

organization, principal executive, 

approved person, or employee of a 

member organization fails to observe 

high standards of commercial honor and 

just and equitable principles of trade, as 

contemplated by the Act, or effects any 

transaction in, or induces the purchase 

or sale of, any security by means of any 

manipulative, deceptive or other 

fraudulent device or contrivance. 

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 7 and Rule 

19b–4(f)(6) thereunder.8 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)9 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b4(f)(6)(iii),10 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 is restoring rule text that 

was inadvertently deleted and is 

providing the Exchange with the 

authority to bring charges against an 

employee of a member organization 

under paragraphs (a)(5) and (a)(6) of 

NYSEAmex Rule 476. The proposed 

rule change does not raise any new 

substantive issues and will harmonize 

NYSE, NYSEAmex and Finra’s rules in 

this regard. For these reasons, the 

Commission believes that the waiver of 

the 30-day operative date is consistent 

with the protection of investors and the 

public interest.11

At any time within 60 days of the 

filing of the 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 

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 


sroberts on DSKD5P82C1PROD with NOTICES
10860 Federal Register / Vol. 75, No. 45 / Tuesday, March 9, 2010 / Notices 

12The text of the proposed rule change is 

available on the Commission’s Web site at http:// 

www.sec.gov/. 

13 17 CFR 200.30–3(a)(12). 

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

Number SR–NYSEAMEX–2010–11 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–NYSEAMEX–2010–11. 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,12 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 http://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–NYSEAMEX–2010–11 and 

should be submitted on or before March 

30, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4911 Filed 3–8–10; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 6437] 

Announcement of a Meeting of the 

International Telecommunication 

Advisory Committee 

SUMMARY: This notice announces a 

meeting of the International 

Telecommunication Advisory 

Committee (ITAC) to prepare for an 

April 19–30 meeting of International 

Telecommunication Union (ITU) 

Telecommunication Standardization 

Sector (ITU–T) Study Group 13 (Future 

networks including mobile and Next 

Generation Networks). 

The ITAC will meet by conference 

call to prepare advice for the U.S. 

government for the meeting of ITU–T 

Study Group 13 (Future networks 

including mobile and Next Generation 

Networks) on March 26, 10 a.m.—noon 

Eastern Time. Access to the conference 

bridge may be obtained on request to the 

ITAC Secretariat, minardje@state.gov or 

at (202) 647–3234. This meeting is open 

to the public and the public will have 

an opportunity to provide comments at 

this meeting. Any requests for 

reasonable accommodation should be 

made at least seven days before the 

meeting. All such requests will be 

considered; however, requests made 

after that date might not be possible to 

fulfill. Those desiring further 

information on this meeting may contact 

the Secretariat at minardje@state.gov or 

at (202) 647–3234. 

Dated: March 3, 2010. 

James G. Ennis, 

International Communications & Information 

Policy, U.S. Department of State. 

[FR Doc. 2010–4981 Filed 3–8–10; 8:45 am] 

BILLING CODE 4710–07–P 

DEPARTMENT OF TRANSPORTATION 

Federal Transit Administration 

Preparation of an Alternatives Analysis 

and Environmental Impact Statement 

for High Capacity Transit 

Improvements for the Indianapolis 

Northeast Corridor in the Indiana 

Counties of Marion and Hamilton 

AGENCY: Federal Transit Administration, 

U.S. Department of Transportation. 

ACTION: Notice of Intent to prepare an 

Alternatives Analysis/Environmental 

Impact Statement. 

SUMMARY: The Federal Transit 

Administration (FTA), the Central 

Indiana Regional Transportation 

Authority (CIRTA), the Indianapolis 

Metropolitan Planning Organization 

(Indianapolis MPO) and Indianapolis 

Public Transportation Corporation 

(IndyGo) intend to prepare an 

Alternatives Analysis/Environmental 

Impact Statement (AA/EIS) relating to 

proposed high capacity transit 

improvements in the Northeast Corridor 

located in the Indiana counties of 

Marion and Hamilton. The study area is 

an approximately 23-mile long travel 

corridor extending from downtown 

Indianapolis to the northern parts of 

Noblesville and includes the 

communities of Carmel and Fishers. 

Options to be considered include NoBuild, Transportation System 

Management (TSM), Bus Rapid Transit 

(BRT), and Commuter Rail. The AA/EIS 

will be prepared in accordance with the 

requirements of the National 

Environmental Policy Act (NEPA) and 

its implementing regulations. The AA/ 

EIS process provides opportunities for 

the public to comment on the scope of 

the EIS, including the project’s purpose 

and need, the alternatives to be 

considered, and the impacts to be 

evaluated. The southern terminal of all 

alternatives will be Union Station or an 

adjacent transit center in downtown 

Indianapolis. 

The purpose of this notice is to alert 

interested parties regarding the intent to 

prepare the AA/EIS, to provide 

information on the nature of the 

proposed project and possible 

alternatives, to invite public 

participation in the AA/EIS process, 

including comments on the scope of the 

EIS as proposed in this notice, to 

announce that public scoping meetings 

will be conducted, and to identify 

participating agency contacts. This 

input will be used to assist 

decisionmakers in determining a locally 

preferred alternative (LPA) and Draft 

Environmental Impact Statement (DEIS) 

for the Northeast Corridor. Upon 

selection of an LPA, the project 

sponsors will request permission from 

FTA to enter into preliminary 

engineering per requirements of New 

Starts regulations 49 CFR Part 611. The 

Final Environmental Impact Statement 

(FEIS) will be issued after FTA approves 

entrance into preliminary engineering. 

Dates, Times, and Locations: 

Comment Due Date: Written comments 

on the purpose and need for the 

proposed improvements, and the scope 

of alternatives and impacts to be 

considered should be sent to the 

Indianapolis MPO by April 30, 2010. 

Public scoping meetings to accept 

comments on the scope of the study will 

be held on the following dates: 

• Wednesday, March 17 from 7 p.m. 

until 8:30 p.m. in the Julia Carson 

Government Center located at 300 E Fall 


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