Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Notices 29591 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #12161 and #12162] 

Tennessee Disaster Number TN–00038 

AGENCY: Small Business Administration. 

ACTION: Amendment 5. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of Tennessee (FEMA–1909– 

DR), dated 05/04/2010. 

Incident: Severe Storms, Flooding, 

Straight-Line Winds and Tornadoes. 

Incident Period: 04/30/2010 and 

continuing. 

DATES: Effective Date: 05/19/2010. 

Physical Loan Application Deadline 

Date: 07/06/2010. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 02/04/2011. 

ADDRESSES: Submit completed loan 

applications to: Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

Small Business Administration, 409 3rd 

Street, SW., Suite 6050, Washington, DC 

20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for Private Non-Profit 

organizations in the State of 

TENNESSEE, dated 05/04/2010, is 

hereby amended to include the 

following areas as adversely affected by 

the disaster. 

Primary Counties: Benton, Cannon, 

Giles, Marshall, Pickett, Sumner. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 2010–12589 Filed 5–25–10; 8:45 am] 

BILLING CODE 8025–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Rule 15a–4; SEC File No. 270–7; OMB 

Control No. 3235–0010] 

Submission for OMB Review; 

Comment Request 

Upon Written Request, Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: Rule 15a–4, SEC File No. 270–7, 

OMB Control No. 3235–0010. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the Securities 

and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget a 

request for extension of the previously 

approved collection of information 

discussed below. 

Rule 15a–4 (17 CFR 240.15a–4) under 

the Securities Exchange Act of 1934 (15 

U.S.C. 78a et. seq.) (the ‘‘Exchange Act’’) 

permits a natural person member of a 

securities exchange who terminates his 

or her association with a registered 

broker-dealer to continue to transact 

business on the exchange while the 

Commission reviews his or her 

application for registration as a brokerdealer if the exchange files a statement 

indicating that there does not appear to 

be any ground for disapproving the 

application. The total annual burden 

imposed by Rule 15a–4 is 

approximately 42 hours, based on 

approximately 10 responses (10 

Respondents × 1 Response/Respondent), 

each requiring approximately 4.23 hours 

to complete. 

The Commission uses the information 

disclosed by applicants in Form BD: (1) 

To determine whether the applicant 

meets the standards for registration set 

forth in the provisions of the Exchange 

Act; (2) to develop a central information 

resource where members of the public 

may obtain relevant, up-to-date 

information about broker-dealers, 

municipal securities dealers and 

government securities broker-dealers, 

and where the Commission, other 

regulators and SROs may obtain 

information for investigatory purposes 

in connection with securities litigation; 

and (3) to develop statistical 

information about broker-dealers, 

municipal securities dealers and 

government securities broker-dealers. 

Without the information disclosed in 

Form BD, the Commission could not 

effectively implement policy objectives 

of the Exchange Act with respect to its 

investor protection function. 

The statement submitted by the 

exchange assures the Commission that 

the applicant, in the opinion of the 

exchange, is qualified to transact 

business on the exchange during the 

time that the applications are reviewed. 

Completing and filing Form BD is 

mandatory in order for a natural person 

member of a securities exchange who 

terminates his or her association with a 

registered broker-dealer to obtain the 45- 

day extension under Rule 15a–4. 

Compliance with Rule 15a–4 does not 

involve the collection of confidential 

information. Please note that an agency 

may not conduct or sponsor, and a 

person is not required to respond to, a 

collection of information unless it 

displays a currently valid control 

number. 

Comments should be directed to (i) 

Desk Officer for the Securities and 

Exchange Commission, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, 

Room 10102, New Executive Office 

Building, Washington, DC 20503 or by 

sending an e-mail to: 

Shagufta_Ahmed@omb.eop.gov; and (ii) 

Charles Boucher, Director/Chief 

Information Officer, Securities and 

Exchange Commission, c/o Shirley 

Martinson, 6432 General Green Way, 

Alexandria, VA 22312 or send an e-mail 

to: PRA_Mailbox@sec.gov. Comments 

must be submitted to OMB within 30 

days of this notice. 

Dated: May 19, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–12555 Filed 5–25–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Notice of Exempt; OMB Control No. 3235– 

0452; SEC File No. 270–396; Preliminary 

Roll-Up Communication] 

Submission for OMB Review; 

Comment Request 

Upon Written Request; Copies Available 

From: Securities and Exchange 

Commission, Office of Investor 

Education and Advocacy, 

Washington, DC 20549–0213. 

Extension: Notice of Exempt, OMB Control 

No. 3235–0452, SEC File No. 270–396, 

Preliminary Roll-Up Communication. 

Notice is hereby given that, pursuant 

to the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.) the Securities 

and Exchange Commission 

(‘‘Commission’’) has submitted to the 

Office of Management and Budget this 

request for extension of the previously 

approved collection of information 

discussed below. 

A Notice of Exempt Preliminary RollUp Communication (‘‘Notice’’) (17 CFR 

240.14a–104) provides information 

regarding ownership interests and any 

potential conflicts of interest to be 

included in statements submitted by or 

on behalf of a person pursuant Exchange 

Act Rule (17 CFR 240.14a–2(b)(4)) and 

Exchange Act Rule (17 CFR 240.14a– 

6(n)). The Notice is filed on occasion 

and the information required is 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1
29592 Federal Register / Vol. 75, No. 101 / Wednesday, May 26, 2010 / Notices 

1 15 U.S.C. 78s(b)(1). 

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4Changes are marked to the rule text that appears 

in the electronic manual of Nasdaq found at http:// 

nasdaqomx.cchwallstreet.com. 

mandatory. All information is provided 

to the public upon request. The Notice 

takes approximately 0.25 hours per 

response and is filed by 4 respondents 

for a total of one annual burden hour. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid 

control number. 

Written comments regarding the 

above information should be directed to 

the following persons: (i) Desk Officer 

for the Securities and Exchange 

Commission, Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, Room 10102, 

New Executive Office Building, 

Washington, DC 20503 or send an email to: Shagufta_Ahmed@omb.eop.gov; 

and (ii) Charles Boucher, Director/CIO, 

Securities and Exchange Commission, 

C/O Shirley Martinson, 6432 General 

Green Way, Alexandria, VA 22312; or 

send an e-mail to: 

PRA_Mailbox@sec.gov. Comments must 

be submitted to OMB within 30 days of 

this notice. 

Dated: May 19, 2010. 

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–12554 Filed 5–25–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62135; File No. SR– 

NASDAQ–2010–060] 

Self-Regulatory Organizations; The 

NASDAQ Stock Market LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change To Require 

Companies To Provide Notification to 

Nasdaq of Any Noncompliance With 

the Corporate Governance 

Requirements 

May 19, 2010. 

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

Securities Exchange Act of 1934 

(‘‘Act’’),1 and Rule 19b–4 thereunder,2

notice is hereby given that on May 14, 

2010, The NASDAQ Stock Market LLC 

(‘‘Nasdaq’’) filed with the Securities and 

Exchange Commission (‘‘Commission’’) 

the proposed rule change as described 

in Items I, II, and III below, which Items 

have been prepared by Nasdaq. Nasdaq 

has designated the proposed rule change 

as effecting a change described under 

Rule 19b–4(f)(6) under the Act,3 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 the Substance 

of the Proposed Rule Change 

Nasdaq proposes to require 

companies to provide notification to 

Nasdaq of any noncompliance with the 

corporate governance requirements. 

Nasdaq will implement the proposed 

rule change thirty days after the date of 

the filing. The text of the proposed rule 

change is below. Proposed new 

language is in italics; proposed 

deletions are in [brackets].4

* * * * * 

5250. Obligations for Companies Listed 

on The Nasdaq Stock Market 

(a) Obligation to Provide Information 

to Nasdaq 

(1) Nasdaq may request any additional 

information or documentation, public or 

non-public, deemed necessary to make 

a determination regarding a Company’s 

continued listing, including, but not 

limited to, any material provided to or 

received from the Commission or Other 

Regulatory Authority. A Company may 

be denied continued listing if it fails to 

provide such information within a 

reasonable period of time or if any 

communication to Nasdaq contains a 

material misrepresentation or omits 

material information necessary to make 

the communication to Nasdaq not 

misleading. The Company shall provide 

full and prompt responses to requests by 

Nasdaq or by FINRA acting on behalf of 

Nasdaq for information related to 

unusual market activity or to events that 

may have a material impact on trading 

of its securities in Nasdaq. 

[ (1)] (2) As set forth in Rule 5625, a 

Company must provide Nasdaq with 

prompt notification after an Executive 

Officer of the Company becomes aware 

of any [material] noncompliance by the 

Company with the requirements of the 

Rule 5600 Series. 

(b)–(f) No change. 

* * * * * 

5615. Exemptions from Certain 

Corporate Governance Requirements 

This rule provides the exemptions 

from the corporate governance rules 

afforded to certain types of Companies, 

and sets forth the phase-in schedules for 

initial public offerings, Companies 

emerging from bankruptcy and 

Companies transferring from other 

markets. This rule also describes the 

applicability of the corporate 

governance rules to Controlled 

Companies and sets forth the phase-in 

schedule afforded to Companies ceasing 

to be Controlled Companies. 

(a) Exemptions to the Corporate 

Governance Requirements 

(1) No change 

IM–5615–1. No change. 

(2) No change. 

IM–5615–2. No change. 

(3) Foreign Private Issuers 

(A) A Foreign Private Issuer may 

follow its home country practice in lieu 

of the requirements of the Rule 5600 

Series, the requirement to distribute 

annual and interim reports set forth in 

Rule 5250(d), and the Direct 

Registration Program requirement set 

forth in Rules 5210(c) and 5255, 

provided, however, that such a 

Company shall: Comply with the 

Notification of [Material] 

Noncompliance requirement (Rule 

5625), the Voting Rights requirement 

(Rule 5640), have an audit committee 

that satisfies Rule 5605(c)(3), and ensure 

that such audit committee’s members 

meet the independence requirement in 

Rule 5605(c)(2)(A)(ii). Except as 

provided in this paragraph, a Foreign 

Private Issuer must comply with the 

requirements of the Rule 5000 Series. 

(B) No change 

IM–5615–3. Foreign Private Issuers 

A Foreign Private Issuer (as defined in 

Rule 5005) listed on Nasdaq may follow 

the practice in such Company’s home 

country (as defined in General 

Instruction F of Form 20–F) in lieu of 

the provisions of the Rule 5600 Series, 

Rule 5250(d), and Rules 5210(c) and 

5255, subject to several important 

exceptions. First, such an issuer shall 

comply with Rule 5625 (Notification of 

[Material] Noncompliance). Second, 

such a Company shall have an audit 

committee that satisfies Rule 5605(c)(3). 

Third, members of such audit 

committee shall meet the criteria for 

independence referenced in Rule 

5605(c)(2)(A)(ii) (the criteria set forth in 

Rule 10A–3(b)(1) under the Act, subject 

to the exemptions provided in Rule 

10A–3(c) under the Act). Fourth, a 

Foreign Private Issuer must comply with 

Rules 5210(c) and 5255 (Direct 

Registration Program) unless prohibited 

from complying by a law or regulation 

in its home country. Finally, a Foreign 

Private Issuer that elects to follow home 

country practice in lieu of a requirement 

of Rules 5600, 5250(d), 5210(c) or 5255 

shall submit to Nasdaq a written 

statement from an independent counsel 

in such Company’s home country 


wwoods2 on DSK1DXX6B1PROD with NOTICES_PART 1