61184 Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 

10 15 U.S.C. 78s(b)(3)(A). 

11 17 CFR 240.19b–4(f)(6). 

12 17 CFR 240.19b–4(f)(6)(iii). 

13 In fact, the Commission notes, under Rule 19b– 

4(f)(6)(iii), the ‘‘consistent with the protection of 

investors and public interest’’ standard applies only 

to the Commission’s waiver of the 30-day operative 

delay. Rule 19b–4(f)(6)(iii) requires a self-regulatory 

organization to give the Commission written notice 

of its intent to file 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. 

14For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 15 17 CFR 200.30–3(a)(12). 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 

19(b)(3)(A) 10 of the Act and Rule 19b– 

4(f)(6) 11 thereunder. The proposed rule 

change effects a change that (A) Does 

not significantly affect the protection of 

investors or the public interest; (B) does 

not impose any significant burden on 

competition; and (C) by its terms, does 

not become operative for 30 days after 

the date of the filing, or such shorter 

time as the Commission may designate 

if consistent with the protection of 

investors and the public interest; 

provided that the self-regulatory 

organization has given 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 believes that good 

cause, consistent with the provisions of 

Rule 19b–4(f)(6), exists to justify making 

the rule change immediately effective. 

Because the proposed rule is based on 

a rule that has been previously 

approved by the Commission, and 

because the proposed rule would in any 

event be operative only until a more 

robust and market-appropriate rule was 

implemented, the NYSE believes that 

the proposed rule is non-controversial. 

Moreover, the NYSE believes that the 

absence of such a rule in an automated 

and fast-paced trading environment 

poses a danger to the integrity of the 

markets and the public interest, and that 

this exigency justifies filing the rule for 

immediate effectiveness rather than 

using the regular Rule 19b–2 process, 

which would require the Exchange to 

continue without the protection of the 

proposed rule until the expiration of the 

prescribed time periods for notice, 

comment and approval. In contrast, 

immediate effectiveness of the proposed 

rule will immediately and timely enable 

the NYSE to cancel or adjust clearly 

erroneous trades that may present a risk 

to the integrity of the equities markets 

and all related markets. The proposed 

rule will also allow the Exchange to 

protect customers and the public 

interest, and to continue to provide 

economically efficient execution of 

securities transactions. 

The NYSE also requests that the 

Commission waive the five-day period 

for notice of intent to file this proposed 

rule change, and the 30-day period 

before the rule becomes operative, both 

of which are prescribed by Rule 19b– 

4(f)(6), but which may be waived 

pursuant to Rule 19b–4(f)(6)(iii) 12 if 

such action is consistent with the 

protection of investors and public 

interest.13 The Exchange believes that 

waiver of these time periods so that the 

rule may be immediately operative are 

consistent with the protection of 

investors and the public interest for the 

reasons described above. 

The Commission believes that 

waiving the 30-day operative delay will 

allow the Exchange to continue to 

immediately and timely cancel or adjust 

trades that it determines to be clearly 

erroneous under Rule 128. The 

Commission believes that the extension 

of NYSE Rule 128 until January 9, 2009 

will allow the Exchange to continue to 

apply the rule without interruption and 

is consistent with the protection of 

investors and the public interest. The 

Commission hereby designates the 

proposal as operative upon filing.14 The 

Commission has determined to waive 

the five-day prefiling period in this case. 

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

the 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 

rule-comments@sec.gov. Please include 

File Number SR–NYSE–2008–99 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–2008–99. 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 inspection and copying 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 NYSE. 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–2008–99 and should 

be submitted on or before November 5, 

2008. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–24369 Filed 10–14–08; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Reporting and Recordkeeping 

Requirements Under OMB Review 

AGENCY: Small Business Administration. 

ACTION: Notice of Reporting 

Requirements Submitted for OMB 

Review. 

SUMMARY: Under the provisions of the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35), agencies are required to 


jlentini on PROD1PC65 with NOTICES
Federal Register / Vol. 73, No. 200 / Wednesday, October 15, 2008 / Notices 61185 

submit proposed reporting and 

recordkeeping requirements to OMB for 

review and approval, and to publish a 

notice in the Federal Register notifying 

the public that the agency has made 

such a submission. 

DATES: Submit comments on or before 

November 14, 2008. If you intend to 

comment but cannot prepare comments 

promptly, please advise the OMB 

Reviewer and the Agency Clearance 

Officer before the deadline. 

Copies: Request for clearance (OMB 

83–1), supporting statement, and other 

documents submitted to OMB for 

review may be obtained from the 

Agency Clearance Officer. 

ADDRESSES: Address all comments 

concerning this notice to: Agency 

Clearance Officer, Jacqueline White, 

Small Business Administration, 409 3rd 

Street, SW., 5th Floor, Washington, DC 

20416; and OMB Reviewer, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline White, Agency Clearance 

Officer, (202) 205–7044. 

SUPPLEMENTARY INFORMATION: 

Title: Disaster Business Loan 

Application. 

SBA Form Numbers: 5 & 1368. 

Frequency: On Occasion. 

Description of Respondents: 

Application for benefits (loan) used to 

determine eligibility and credit 

worthiness of Small Business or not-forprofit organizations who seek Federal 

assistance in a declared disaster. 

Respondents are disaster victims 

seeking disaster assistance. 

Responses: 9,510. 

Annual Burden: 22,208. 

Title: Disaster Business Loan 

Application. 

SBA Form Number: 5C. 

Frequency: On Occasion. 

Description of Respondents: 

Application for benefits (loan) used to 

determine eligibility and credit 

worthiness of Small Business or not-forprofit organizations who seek Federal 

assistance in a declared disaster. 

Respondents are disaster victims 

seeking disaster assistance. 

Responses: 49,862. 

Annual Burden: 74,793. 

Jacqueline White, 

Chief, Administrative Information Branch. 

[FR Doc. E8–24489 Filed 10–14–08; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 6399] 

30-Day Notice of Proposed Information 

Collection: DS–234, Application for 

Special Immigrant Visa and Alien 

Registration, OMB Number 1405–0015 

ACTION: Notice of request for public 

comment and submission to OMB of 

proposed collection of information. 

SUMMARY: The Department of State has 

submitted the following information 

collection request to the Office of 

Management and Budget (OMB) for 

approval in accordance with the 

Paperwork Reduction Act of 1995. 

• Title of Information Collection: 

Application for Special Immigrant Visa. 

• OMB Control Number: 1405–0015. 

• Type of Request: Revision of a 

Currently Approved Collection. 

• Originating Office: Bureau of 

Consular Affairs, Department of State 

(CA/VO). 

• Form Number: DS–234. 

• Respondents: Iraqi and Afghan 

special immigrant visa applicants. 

• Estimated Number of Respondents: 

12,000 per year. 

• Estimated Number of Responses: 

12,000 per year. 

• Average Hours Per Response: 20 

minutes. 

• Total Estimated Burden: 4,000 

hours per year. 

• Frequency: Once per respondent. 

• Obligation to Respond: Required to 

Obtain or Retain U.S. resettlement 

benefits. 

DATES: Submit comments to the Office 

of Management and Budget (OMB) for 

up to 30 days from October 15, 2008. 

ADDRESSES: Direct comments and 

questions to Katherine Astrich, the 

Department of State Desk Officer in the 

Office of Information and Regulatory 

Affairs at the Office of Management and 

Budget (OMB), who may be reached at 

202–395–4718. You may submit 

comments by any of the following 

methods: 

• E-mail: kastrich@omb.eop.gov. You 

must include the DS form number, 

information collection title, and OMB 

control number in the subject line of 

your message. 

• Mail (paper, disk, or CD–ROM 

submissions): Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, 725 17th 

Street, NW., Washington, DC 20503. 

• Fax: 202–395–6974. 

FOR FURTHER INFORMATION CONTACT: You 

may obtain copies of the proposed 

information collection and supporting 

documents from Jessica Firestein of the 

Office of Admissions, Bureau of 

Population, Refugees and Migration, 

U.S. Department of State, 2401 E. Street, 

NW. L–505, Washington, DC 20522, 

who may be reached at 

firesteinjy@state.gov. 

SUPPLEMENTARY INFORMATION: We are 

soliciting public comments to permit 

the Department to: 

• Evaluate whether the proposed 

information collection is necessary to 

properly perform 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. 

Abstract of Proposed Collection 

Form DS–234 is being added to this 

collection to elicit information that will 

be used by the Department of State to 

identify an appropriate resettlement site 

in the United States and correctly 

allocate additional services for Iraqi and 

Afghan special immigrant visa 

recipients. The recipients are eligible for 

resettlement benefits administered by 

the Department of State under Public 

Laws 110–161 and 110–181, as 

amended by Public Law 110–242. 

Methodology 

The SIV Bio-data information form 

(DS–234) is submitted electronically by 

the applicant to the National Visa 

Center, which will forward the forms to 

the Refugee Processing Center of the 

Bureau of Population, Refugees and 

Migration. 

Dated: October 3, 2008. 

Lawrence Bartlett, 

Deputy Director, Office of Admissions, Bureau 

of Population, Refugees and Migration, 

Department of State. 

[FR Doc. E8–24470 Filed 10–14–08; 8:45 am] 

BILLING CODE 4710–33–P 

DEPARTMENT OF STATE 

[Public Notice 6394] 

Culturally Significant Objects Imported 

for Exhibition Determinations: 

‘‘Chagall and the Artists of the Russian 

Jewish Theater, 1919–1949’’ 

ACTION: Notice, Correction. 

SUMMARY: On September 5, 2008, notice 

was published on page 51875 of the 

Federal Register (volume 73, number 

173) of determinations made by the 

Department of State pertaining to the 


jlentini on PROD1PC65 with NOTICES