Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Notices 29795 

16 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. 61542 

(February 18, 2010), 75 FR 8768 (February 25, 2010) 

(order approving SR–FINRA–2009–093). 

5See Securities Exchange Act Release Nos. 56148 

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

approving the 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 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. 

6FINRA’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. 

7See Securities Exchange Act Release No. 61542 

(February 18, 2010), 75 FR 8768 (February 25, 

2010). 

8See Securities Exchange Act Release No. 61542 

(February 18, 2010), 75 FR 8768 (February 25, 

2010). 

9NYSE Amex has submitted a companion rule 

filing amending its rules in accordance with 

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

45. 

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 publicly available. All 

submissions should refer to File 

Number SR–FINRA–2010–023 and 

should be submitted on or before June 

17, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–12747 Filed 5–26–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62142; File No. SR–NYSE– 

2010–38] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Deleting NYSE 

Rule 413 To Correspond With Rule 

Changes Filed by the Financial 

Industry Regulatory Authority, Inc. 

May 20, 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 May 12, 

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 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 delete 

NYSE Rule 413 to correspond with rule 

changes filed by the Financial Industry 

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

and approved by the Commission.4 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 delete NYSE Rule 413 

(Uniform Forms) 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 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’’). NYSE 

Amex LLC (‘‘NYSE Amex’’) became a 

party to the Agreement effective 

December 15, 2008.5

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.6

Proposed Conforming Amendments to 

NYSE Rules: 

FINRA recently deleted FINRA 

Incorporated NYSE Rule 413 (Uniform 

Forms), which required that each 

member had to adopt such uniform 

forms as may be prescribed by the 

Exchange to facilitate the orderly flow of 

transactions within the financial 

community.7

In deleting FINRA Incorporated NYSE 

Rule 413, FINRA noted that several 

provisions in its By-Laws required its 

members to provide certain information 

in the manner and form prescribed by 

FINRA, including membership 

applications, registration of branch 

offices, registration of registered 

representatives and associated persons, 

and termination of registered 

employees. FINRA also noted its 

proposal to adopt a new Rule 4540 

governing information and data 

reporting and filing requirements.8

In order to harmonize the NYSE Rules 

with the approved consolidated FINRA 

Rules, the Exchange correspondingly 

proposes to delete NYSE Rule 413.9 As 

with FINRA, the Exchange has a number 

of rules that require members and 

member organizations to provide certain 

information in the manner and form 

prescribed by the Exchange: for 

example, NYSE Rules 301(b) and 311– 


wwoods2 on DSK1DXX6B1PROD with NOTICES
29796 Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Notices 

10See FINRA Regulatory Notices 08–71 

(November 28, 2008) (discussing proposed FINRA 

Rule 4530) and 09–02 (January 6, 2009) (discussing 

proposed FINRA Rule 4540). Per the rule 

harmonization process, the Exchange will likely 

adopt versions of these rules once they are filed 

with and approved by the Commission. 

11FINRA has proposed to delete portions of 

NYSE Rule 416 as part of its broader proposal to 

adopt new membership rules. See FINRA 

Regulatory Notice 10–01 (January 4, 2010) 

(discussing proposed FINRA Rules 1111–1190). Per 

the rule harmonization process, the Exchange will 

likely adopt versions of these rules once they are 

filed with and approved by the Commission. 

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

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

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

15 17 CFR 240.19b–4(f)(6). 

16 17 CFR 240.19b–4(f)(6). 

17 17 CFR 240.19b–4(f)(6)(iii). 

18See id. Pursuant to Rule 19b–4(f)(6)(iii) under 

the Exchange Act, the Exchange is required to give 

the Commission written notice of its intent to file 

a 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. 

19For 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). 

313 deal with membership applications; 

Rule 342(c) requires filing for branch 

offices (Form BR); Rule 345, particularly 

345.12, covers applications for 

registered representatives (Form U–4); 

and Rules 312(a) and 345 require 

reporting termination of registered 

persons (Form U–5). In addition, similar 

to proposed consolidated FINRA Rules 

4530 and 4540, NYSE Rule 351 (see 

351.10) requires members and member 

organizations to provide the Exchange 

with certain regulatory and disciplinary 

information, and Rules 341 and 416A 

require members and member 

organizations to maintain current 

contact information with the 

Exchange.10

Notwithstanding these other rules, 

NYSE Rule 416(a) broadly provides that 

members and member organizations 

must ‘‘submit to the Exchange at such 

times as may be designated in such form 

and within such time period as may be 

prescribed such information as the 

Exchange deems essential for the 

protection of investors and the public 

interest.’’ 11 Thus, deletion of NYSE Rule 

413 will not limit the Exchange’s 

authority to require its members and 

member organizations to provide 

information in a prescribed manner as 

needed. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule changes are consistent 

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

general, and further the objectives of 

Section 6(b)(5) of the Act,13 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 between NYSE 

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 14 and Rule 

19b–4(f)(6) thereunder.15 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) 16 normally does not 

become operative prior to 30 days after 

the date of the filing. However, pursuant 

to Rule 19b–4(f)(6)(iii),17 the 

Commission may designate a shorter 

time if such action is consistent with the 

protection of investors and the public 

interest.18 The Commission believes 

that waiver of the operative delay is 

consistent with the protection of 

investors and the public interest 

because the proposed rule change is 

merely deleting a rule that is duplicative 

of other rules in its rulebook.19 The 

Exchange has represented that the 

deletion of the rule will not limit the 

Exchange’s authority to require its 

members and member organizations to 

provide needed information. 

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–NYSE–2010–38 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–2010–38. 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 


wwoods2 on DSK1DXX6B1PROD with NOTICES
Federal Register / Vol. 75, No. 102 / Thursday, May 27, 2010 / Notices 29797 

20 17 CFR 200.30–3(a)(12). 

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 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 

publicly available. All submissions 

should refer to File Number SR–NYSE– 

2010–38 and should be submitted on or 

before June 17, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.20

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–12745 Filed 5–26–10; 8:45 am] 

BILLING CODE 8010–01–P 

SOCIAL SECURITY ADMINISTRATION 

Agency Information Collection 

Activities: Comment Request 

The Social Security Administration 

(SSA) publishes a list of information 

collection packages requiring clearance 

by the Office of Management and 

Budget (OMB) in compliance with 

Public Law (Pub. L.) 104–13, the 

Paperwork Reduction Act of 1995, 

effective October 1, 1995. This notice 

includes revisions and extensions of 

OMB-approved information collections 

and a collection in use without an OMB 

number. 

SSA is soliciting comments on the 

accuracy of the agency’s burden 

estimate; the need for the information; 

its practical utility; ways to enhance its 

quality, utility, and clarity; and ways to 

minimize burden on respondents, 

including the use of automated 

collection techniques or other forms of 

information technology. Mail, e-mail, or 

fax your comments and 

recommendations on the information 

collection(s) to the OMB Desk Officer 

and SSA Reports Clearance Director to 

the following addresses or fax numbers. 

(OMB) Office of Management and 

Budget, Attn: Desk Officer for SSA, Fax: 

202–395–6974, E-mail address: 

OIRA_Submission@omb.eop.gov. 

(SSA) Social Security Administration, 

DCBFM, Attn: Director, Center for 

Reports Clearance, 1333 Annex 

Building, 6401 Security Blvd., 

Baltimore, MD 21235, Fax: 410–965– 

0454, E-mail address: 

OPLM.RCO@ssa.gov. 

SSA submitted the information 

collections listed below to OMB for 

clearance. Your comments on the 

information collections would be most 

useful if OMB and SSA receive them 

within 30 days from the date of this 

publication. To be sure we consider 

your comments, we must receive them 

no later than June 28, 2010. You can 

obtain a copy of the OMB clearance 

packages by calling the SSA Director for 

Reports Clearance at 410–965–0454 or 

by writing to the above e-mail address. 

1. Application for Lump Sum Death 

Payment—20 CFR 404.390–404.392— 

0960–0013. SSA uses Form SSA–8–F4 

to collect information needed to 

authorize payment of the lump sum 

death payment (LSDP) to a widow, 

widower, or children as defined in 

Section 202(i) of the Social Security Act. 

Respondents complete the application 

for this one-time payment via paper 

form, telephone, or an in-person 

interview with SSA employees. 

Respondents are applicants for the 

LSDP. 

Collection method Number of 

respondents Estimated completion time Burden hours 

MCS .............................................................................. 278,825 10 minutes .................................................................... 46,471 

MCS/Signature Proxy ................................................... 278,825 9 minutes ...................................................................... 41,824 

Paper ............................................................................. 29,350 10 minutes .................................................................... 4,892 

Totals ..................................................................... 587,000 ....................................................................................... 93,187 

2. Supplemental Statement Regarding 

Farming Activities of Person Living 

Outside the U.S.A.—0960–0103. SSA 

uses Form SSA–7163A to document 

beneficiary or claimant reports of 

working on a farm outside the United 

States. Specifically, the information 

helps us to determine if we should 

apply foreign work deductions to the 

recipient’s Title II benefits. We collect 

the information either annually or every 

other year, depending on the 

respondent’s country of residence. 

Respondents are Social Security 

recipients engaged in farming activities 

outside the United States. 

Type of Request: Revision of an OMBapproved information collection. 

Number of Respondents: 1,000. 

Frequency of Response: 1. 

Average Burden per Response: 1 hour. 

Estimated Annual Burden: 1,000 

hours. 

3. Request for Earnings and Benefit 

Estimate Statement—20 CFR 404.810— 

0960–0466. SSA uses the information 

respondents provide on Form SSA–7004 

to identify respondents’ Social Security 

earnings records, extract posted 

earnings information, calculate potential 

benefit estimates, produce the resulting 

Social Security statements, and mail 

them to the requesters. The respondents 

are Social Security number holders 

requesting information about their 

Social Security earnings records and 

estimates of their potential benefits. 

Type of Request: Revision of an OMBapproved information collection. 

Collection instrument Number of 

respondents 

Frequency of 

response 

Average 

burden per 

response 

(minutes) 

Total annual 

burden 

(hours) 

Paper Version .................................................................................................. 127,000 1 5 10,583 

Internet Version ............................................................................................... 426,000 1 5 35,500 


wwoods2 on DSK1DXX6B1PROD with NOTICES