Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Notices 58011 

20 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19d–1(c)(2). 

3 17 CFR 240.19d–1(c)(1). 

4The Commission adopted amendments to 

paragraph (c) of Rule 19d–1 to allow self-regulatory 

organizations (‘‘SROs’’) to submit for Commission 

approval plans for the abbreviated reporting of 

minor disciplinary infractions. See Securities 

Exchange Act Release No. 21013 (June 1, 1984), 49 

FR 23828 (June 8, 1984). Any disciplinary action 

taken by an SRO against any person for violation 

of a rule of the SRO which has been designated as 

a minor rule violation pursuant to such a plan filed 

with the Commission shall not be considered ‘‘final’’ 

for purposes of Section 19(d)(1) of the Act if the 

sanction imposed consists of a fine not exceeding 

$2,500 and the sanctioned person has not sought an 

adjudication, including a hearing, or otherwise 

exhausted his administrative remedies. 

5On August 13, 2010, the Exchange’s application 

for registration as a national securities exchange, 

including the rules governing the BATS YExchange, was approved. See Securities Exchange 

Act Release No. 62716 (August 13, 2010), 75 FR 

51295 (August 19, 2010) (File No. 10–198). 

requires, among other things, that 

FINRA rules must be designed to 

prevent fraudulent and manipulative 

acts and practices, to promote just and 

equitable principles of trade, and, in 

general, to protect investors and the 

public interest. The proposed rule 

change is consistent with FINRA’s 

statutory obligations under the Act to 

protect investors and the public interest 

because the proposal would help FINRA 

detect potential market manipulation or 

fraud at an earlier stage, which could 

minimize the financial losses of 

investors as well as the effects 

fraudulent schemes could have on the 

securities markets. Thus, the proposed 

rule change would strengthen FINRA’s 

ability to carry out its regulatory 

mission and provide another layer of 

protection to investors and the markets 

against fraud. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

FINRA does not believe that the 

proposed rule change will result in 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 

Written comments were neither 

solicited nor received. 

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 self-regulatory 

organization consents, the Commission 

will: 

(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 is consistent with the Act. 

Interested persons are also invited to 

submit written data, views and 

arguments concerning an arbitration 

panel’s withdrawal. 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–FINRA–2010–036 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–FINRA–2010–036. 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). Comments are also 

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 available publicly. All 

submissions should refer to File 

Number SR–FINRA–2010–036 and 

should be submitted on or before 

October 14, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.20

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–23776 Filed 9–22–10; 8:45 am] 

BILLING CODE 8010–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–62924; File No. 10–198] 

Self-Regulatory Organizations; BATS 

Y-Exchange, Inc.; Notice of Filing of 

Proposed Minor Rule Violation Plan 

September 16, 2010. 

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

Securities Exchange Act of 1934 (the 

‘‘Act’’) 1 and Rule 19d–1(c)(2) 

thereunder,2 notice is hereby given that 

on September 10, 2010, the BATS YExchange, Inc. (‘‘BATS Y-Exchange’’ or 

‘‘Exchange’’), filed with the Securities 

and Exchange Commission (the 

‘‘Commission’’) copies of a proposed 

minor rule violations plan with 

sanctions not exceeding $2,500 which 

would not be subject to the provisions 

of Rule 19d–1(c)(1) of the Act 3 requiring 

that a self-regulatory organization 

promptly file notice with the 

Commission of any final disciplinary 

action taken with respect to any person 

or organization.4 In accordance with 

Rule 19d–1(c)(2) under the Act, the 

Exchange proposed to designate certain 

specified rule violations as minor rule 

violations, and requests that it be 

relieved of the reporting requirements 

regarding such violations, provided it 

gives notice of such violations to the 

Commission on a quarterly basis. 

BATS Y-Exchange proposes to 

include in its proposed MRVP the 

policies and procedures currently 

included in BATS Y-Exchange Rule 8.15 

(‘‘Imposition of Fines for Minor 

Violation(s) of Rules’’).5

According to the Exchange’s proposed 

MRVP, under Rule 8.15, the Exchange 

may impose a fine (not to exceed 

$2,500) on a member or an associated 

person with respect to any rule listed in 

Rule 8.15.01. The Exchange shall serve 

the person against whom a fine is 

imposed with a written statement 

setting forth the rule or rules violated, 

the act or omission constituting each 

such violation, the fine imposed, and 

the date by which such determination 

becomes final or by which such 

determination must be contested. If the 

person against whom the fine is 

imposed pays the fine, such payment 

shall be deemed to be a waiver of such 

person’s right to a disciplinary 

proceeding and any review of the matter 


srobinson on DSKHWCL6B1PROD with NOTICES
58012 Federal Register / Vol. 75, No. 184 / Thursday, September 23, 2010 / Notices 

6BATS Y-Exchange attached a sample form of the 

quarterly report with its submission to the 

Commission. 7 15 U.S.C. 78s(d)(1); 17 CFR 240.19d-1(c)(2). 8 17 CFR 200.30–3(a)(44). 

under BATS Y-Exchange rules. Any 

person against whom a fine is imposed 

may contest the Exchange’s 

determination by filing with the 

Exchange a written response, at which 

point the matter shall become a 

disciplinary proceeding. 

Under Rule 8.15.01, violations of the 

following rules would be appropriate for 

disposition under the minor rule 

violations plan: Rule 4.2 and 

Interpretations, thereunder, requiring 

the submission of responses to 

Exchange requests for trading data 

within specified time period; Rule 4.2 

and Interpretations thereunder related 

to the requirement to furnish Exchangerelated order, market and transaction 

data, as well as financial or regulatory 

records and information; Rule 11.8(a)(1) 

requirement for Market Makers to 

maintain continuous two-sided limit 

orders; Rule 11.19 requirement to 

identify short sale orders as such; and 

Rule 11.20 requirement to comply with 

locked and crossed market rules. 

BATS Y-Exchange proposed to 

include the rule violations listed in Rule 

8.15.01 in its minor rule violation plan. 

Upon approval of the plan, the 

Exchange will provide the Commission 

a quarterly report of actions taken on 

minor rule violations under the plan. 

The quarterly report will include: The 

Exchange’s internal file number for the 

case, the name of the individual and/or 

organization, the nature of the violation, 

the specific rule provision violated, the 

sanction imposed, the number of times 

the rule violation has occurred, and the 

date of disposition.6

I. Solicitation of Comments 

Interested persons are invited to 

submit written data, views, and 

arguments concerning BATS YExchange’s proposed Minor Rule 

Violation Plan, including whether the 

proposed plan 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 

No. 10–198 on the subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

Securities and Exchange Commission, 

Station Place, 100 F Street, NE., 

Washington, DC 20549–1090. 

All submissions should refer to File No. 

10–198. 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 MRVP that 

are filed with the Commission, and all 

written communications relating to the 

proposed Minor MRVP 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 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 No. 10–198 and 

should be submitted on or before 

October 14, 2010. 

II. Date of Effectiveness of the Proposed 

Minor Rule Violation Plan and Timing 

for Commission Action 

Pursuant to Section 19d–1 of the Act 

and Rule 19d–1(c)(2) thereunder,7 after 

October 14, 2010, the Commission may, 

by order, declare BATS Y-Exchange’s 

proposed MRVP effective if the plan is 

consistent with the public interest, the 

protection of investors, or otherwise in 

furtherance of the purposes of the Act. 

The Commission in its order may 

restrict the categories of violations to be 

designated as minor rule violations and 

may impose any other terms or 

conditions to the proposed MRVP, File 

No. 10–198, and to the period of its 

effectiveness which the Commission 

deems necessary or appropriate in the 

public interest, for the protection of 

investors or otherwise in furtherance of 

the purposes of this Act. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–23765 Filed 9–22–10; 8:45 am] 

BILLING CODE 8010–01–P 

DEPARTMENT OF STATE 

[Public Notice: 7183; OMB Control Number 

1405–0101] 

30-Day Notice of Proposed Information 

Collection: DS–156E Nonimmigrant 

Treaty Trader/Investor Application 

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: 

Nonimmigrant Treaty Trader/Investor 

Application. 

• OMB Control Number: 1405–0101. 

• Type of Request: Extension of a 

Currently Approved Collection. 

• Originating Office: Bureau of 

Consular Affairs, Department of State 

(CA/VO). 

• Form Number: DS–156E. 

• Respondents: Nonimmigrant treaty 

trader/investor visa applicants. 

• Estimated Number of Respondents: 

17,000. 

• Estimated Number of Responses: 

17,000. 

• Average Hours per Response: 4 

hours. 

• Total Estimated Burden: 68,000 

hours per year. 

• Frequency: Once per respondent. 

• Obligation to Respond: Required to 

Obtain or Retain a Benefit. 

DATES: Submit comments to the Office 

of Management and Budget (OMB) for 

up to 30 days from September 23, 2010. 

ADDRESSES: Direct comments to the 

Department of State Desk Officer in the 

Office of Information and Regulatory 

Affairs at the Office of Management and 

Budget (OMB). You may submit 

comments by the following methods: 

• E-mail: 

oira_submission@omb.eop.gov. You 

must include the DS form number, 

information collection title, and OMB 

control number in the subject line of 

your message. 

• Fax: 202–395–5806. Attention: Desk 

Officer for Department of State. 


srobinson on DSKHWCL6B1PROD with NOTICES