[Federal Register: April 6, 2009 (Volume 74, Number 64)]
[Notices]
[Page 15540-15545]
[DOCID:fr06ap09-134]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-59656; File No. SR-NYSEALTR-2009-26]

Self-Regulatory Organizations; Notice of Filing of Proposed Rule
Change by NYSE Alternext US LLC, as Modified by Amendment No. 1,
Changing Certain NYSE Amex Equities Rules To Conform Them With Changes
to Corresponding Rules Submitted in a Companion Filing by the New York
Stock Exchange LLC

March 30, 2009.
    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 March 9, 2009, NYSE Alternext US LLC (n/k/a NYSE Amex LLC)
(``Exchange'' or ``NYSE Amex'') filed with the Securities and Exchange
Commission (``Commission'' or ``SEC'') the proposed rule change as
described in Items I, II, and III below, which Items have been prepared
by the self-regulatory organization. On March 27, 2009, the Exchange
filed Amendment No. 1 to the proposed rule change.\3\ The Commission is
publishing this notice to solicit comments on the proposed rule change,
as amended, from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ Amendment No. 1 to SR-NYSEALTR-2009-26 replaces the original
filing in its entirety.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange, formerly the American Stock Exchange LLC and NYSE
Alternext US LLC,\4\ proposes changes to certain NYSE Amex Equities
Rules, retroactively effective to December 15, 2008, to conform them
with changes to corresponding rules submitted in a companion filing by
the New York Stock Exchange LLC (``NYSE'').\5\ The text of the proposed
rule change is available at the Exchange, the Commission's Public
Reference Room, and http://www.nyse.com.
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    \4\ On March 3, 2009, the Exchange formally submitted a filing
with the Commission changing its name to NYSE Amex LLC. See SR-
NYSEALTR-2009-24.
    \5\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
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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
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The purpose of the proposed rule changes is to change certain NYSE
Amex Equities Rules to conform them with amendments to corresponding
NYSE Rules submitted in a companion filing by the NYSE.
Background
    As described more fully in a rule filing,\6\ NYSE Euronext acquired
The Amex Membership Corporation (``AMC'') pursuant to an Agreement and
Plan of Merger, dated January 17, 2008 (the ``Merger''). In connection
with the Merger, the Exchange's predecessor, the American Stock
Exchange LLC (``Amex''), a subsidiary of AMC, became a subsidiary of
NYSE Euronext called NYSE Amex US LLC, and continues to operate as a
national securities exchange registered under Section 6 of the Act.\7\
The effective date of the Merger was October 1, 2008.
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    \6\ See Securities Exchange Act Release No. 58673 (September 29,
2008), 73 FR 57707 (October 3, 2008) (SR-NYSE-2008-60 and SR-Amex-
2008-62) (approving the Merger).
    \7\ 15 U.S.C. 78f.
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    In connection with the Merger, on December 1, 2008, the Exchange
relocated all equities trading conducted on the Exchange legacy trading
systems and facilities located at 86 Trinity Place, New York, New York,
to trading systems and facilities located at 11 Wall Street, New York,
New York (the ``Equities Relocation''). The Exchange's equity trading
systems and facilities at 11 Wall Street (the ``NYSE Amex Trading
Systems'') are operated by the NYSE on behalf of the Exchange.\8\
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    \8\ See Securities Exchange Act Release No. 58705 (October 1,
2008), 73 FR 58995 (October 8, 2008) (SR-Amex-2008-63) (approving
the Equities Relocation).

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    As part of the Equities Relocation, NYSE Amex adopted NYSE Rules 1-
1004, subject to such changes as necessary to apply the Rules to the
Exchange, as the NYSE Amex Equities Rules to govern trading on the NYSE
Amex Trading Systems.\9\ The NYSE Amex Equities Rules, which became
operative on December 1, 2008, are substantially identical to the
current NYSE Rules 1-1004 and the Exchange continues to update the NYSE
Amex Equities Rules as necessary to conform with rule changes to
corresponding NYSE Rules filed by the NYSE.
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    \9\ See Securities Exchange Act Release No. 58705 (October 1,
2008), 73 FR 58995 (October 8, 2008) (SR-Amex-2008-63) (approving
the Equities Relocation); Securities Exchange Act Release No. 58833
(October 22, 2008), 73 FR 64642 (October 30, 2008) (SR-NYSE-2008-
106) and Securities Exchange Act Release No. 58839 (October 23,
2008), 73 FR 64645 (October 30, 2008) (SR-NYSEALTR-2008-03)
(together, approving the Bonds Relocation); Securities Exchange Act
Release No. 59022 (November 26, 2008), 73 FR 73683 (December 3,
2008) (SR-NYSEALTR-2008-10) (adopting amendments to NYSE Amex
Equities Rules to track changes to corresponding NYSE Rules);
Securities Exchange Act Release No. 59027 (November 28, 2008), 73 FR
73681 (December 3, 2008) (SR-NYSEALTR-2008-11) (adopting amendments
to Rule 62-NYSE Amex Equities to track changes to corresponding NYSE
Rule 62).
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Proposed Conforming Amendments to NYSE Amex Equities Rules
    As noted above, the Exchange proposes to change certain NYSE Amex
Equities Rules to conform them with changes to corresponding NYSE Rules
submitted in a companion filing by the NYSE.\10\ The NYSE is filing the
proposed rule changes, retroactively effective to December 15, 2008, to
harmonize its Rules with changes to corresponding rules recently filed
by the Financial Industry Regulatory Authority, Inc. (``FINRA'') and
approved by the Commission or submitted for immediate
effectiveness.\11\ Unless specifically noted, and subject to such
technical changes as are necessary to apply the Rules to the Exchange,
NYSE Amex is proposing to adopt the NYSE's proposed rule changes in the
form that they have been approved for filing by the Commission. The
NYSE's proposed rule changes and the Exchange's proposed conforming
rule changes are described below.\12\
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    \10\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
    \11\ See Securities Exchange Act Release No. 58461 (September 4,
2008), 73 FR 52710 (September 10, 2008) (SR-FINRA-2008-033);
Securities Exchange Act Release No. 58514 (September 11, 2008), 73
FR 54190 (September 18, 2008) (SR-FINRA-2008-039); Securities
Exchange Act Release No. 58643 (September 25, 2008), 73 FR 57174
(October 1, 2008) (SR-FINRA-2008-021, -022, -026, -028, -029);
Securities Exchange Act Release No. 58660 (September 26, 2008), 73
FR 57393 (October 2, 2008) (SR-FINRA-2008-027); Securities Exchange
Act Release No. 58661 (September 26, 2008), 73 FR 57395 (October 2,
2008) (SR-FINRA-2008-030); and Securities Exchange Act Release No.
59097 (December 12, 2008), 73 FR 78412 (December 22, 2008) (SR-
FINRA-2008-057). See also FINRA Regulatory Notice 08-57, October 16,
2008. FINRA filed the rule changes as part of its effort to develop
a new consolidated rulebook for its members (the ``Consolidated
FINRA Rulebook'').
    \12\ In its filing, the NYSE proposes to change certain NYSE
Rule Interpretations. The Exchange has not adopted a corresponding
version of the NYSE Rule Interpretations and so those proposed rule
changes are not applicable to the Exchange and are not included in
this filing.
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    The Exchange further proposes that these rule changes be
retroactively effective to December 15, 2008, the same as the effective
date of the NYSE's proposed rule changes and FINRA's rule changes on
which this filing and the NYSE's filing are based.
FINRA Rule Filing SR-FINRA-2008-027 \13\
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    \13\ See Securities Exchange Act Release No. 58660 (September
26, 2008), 73 FR 57393 (October 2, 2008).
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    In this filing, FINRA adopted NASD Rules 3060 (Influencing or
Rewarding Employees of Others) and 3090 (Transactions Involving
Association and American Stock Exchange Employees) as FINRA Rules 3220
and 2070, respectively. FINRA Rule 3220 prohibits members or associated
persons from giving gifts or gratuities in excess of $100 per year to
an agent or employee of another person where it relates to the business
of the employer of the recipient. FINRA Rule 2070 addresses conflicts
of interest involving FINRA employees.
    Because they are substantively duplicative of these FINRA Rules,
FINRA deleted the corresponding provisions of FINRA Incorporated NYSE
Rules 407(a) and 407.10 (Transactions--Employees of Members, Member
Organizations and the Exchange) and 350 (Compensation or Gratuities to
Employees of Others), and Rule Interpretations 350/01 (Application) and
/02 (Conflicts of Interest).\14\ FINRA also deleted FINRA Incorporated
NYSE Rule Interpretation 350/03 (Entertainment), which deals with
business entertainment expenses, since it is addressed in a separate
rule filing.\15\
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    \14\ FINRA also noted that certain provisions of FINRA
Incorporated NYSE Rules 350 and 350.10 and Rule Interpretation 350/
02 related to operations/Floor employees of the NYSE are not
applicable to FINRA and could be deleted. See Securities Exchange
Act Release No. 58660 (September 26, 2008), 73 FR 57393 (October 2,
2008). NYSE Amex believes that the substance of these provisions is
adequately addressed in existing NYSE Amex Equities Rules and the
proposed NYSE Amex Equities Rules 2070 and 3220.
    \15\ See Securities Exchange Act Release No. 55765 (May 15,
2007), 72 FR 28743 (May 22, 2007) (SR-NASD-2006-44), as subsequently
amended, January 2, 2008. The NYSE has proposed the adoption of a
new NYSE Rule 350A that is substantively duplicative of the rule
proposed in SR-NASD-2006-044. See Securities Exchange Act Release
No. 55766 (May 15, 2007), 72 FR 28534 (May 21, 2007) (SR-NYSE-2006-
06). These filings have not been approved by the Commission as of
the date of this filing. Upon approval, the Exchange will adopt a
corresponding NYSE Amex Equities Rule. The Commission notes that
NYSE Amex must file a proposed rule change under Section 19(b) of
the Act to adopt such corresponding NYSE Amex Equities Rule.
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    Accordingly, to harmonize the NYSE Rules with the approved FINRA
rule changes, the NYSE proposes to (i) delete NYSE Rule 350 and Rule
Interpretations 350/01-/03, and (ii) adopt proposed NYSE Rules 2070 and
3220, which are nearly identical to FINRA Rules 2070 and 3220, to
replace the deleted NYSE Rules. The NYSE believes that proposed NYSE
Rules 2070 and 3220, together with other existing and/or proposed NYSE
Rules, address the specific provisions of NYSE Rule 350 and the related
Rule Interpretations.\16\
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    \16\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
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    Specifically, NYSE Rule 350(a) addresses the giving of gifts or
gratuities by members, member organizations and their employees to
other members, member organizations, their employees or the employees
of non-members engaged in certain businesses. NYSE Rules 350(a) and (b)
address the employment or compensation of others by members, member
organizations and their employees, including Floor-based employees of
other members or member organizations. Under NYSE Rule 350(b), payment
in excess of $200 for employment or compensation of a Floor employee of
another member or member organization requires the employee to become
registered with such member or member organization.
    The NYSE believes that proposed new NYSE Rule 3220 replaces NYSE
Rule 350(a) because it addresses the giving of gifts or gratuities to,
and the employment or compensation for services of, the employees of
others, both members and non-members. Proposed NYSE Rule 3220(a)
harmonizes with FINRA Rule 3220(a) because it prohibits the giving of
gifts or gratuities in excess of $100 per year to ``any person,
principal, proprietor, employee, agent or representative of another
person'' where that gift is related to the business of the recipient's
employer.\17\
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    \17\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
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    Proposed NYSE Rule 3220(b) replaces NYSE Rule 350(b) because it
addresses situations requiring dual employment and prior written
consent when

compensation provided to another employee exceeds a specified amount.
NYSE Rule 350(b) requires dual employment for any payments over $200 to
Floor employees whereas proposed NYSE Rule 3220(b) requires dual
employment for any payment made to any employee for employment or
services over the $100 limit prescribed by NYSE Rule 3220(a), including
Floor employees of a member organization.\18\
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    \18\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
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    Because under proposed NYSE Rule 3220(a) any employee, including
Floor employees, receiving more than $100 for services from another
member organization must be dually employed with that member
organization, the requirement under NYSE Rule 350(b) that a Floor
employee receiving more than $200 in compensation be dually registered
is no longer necessary. Under NYSE Rules 35 and 35.50, which require
that all member and member organization Floor employees must be
registered with the NYSE on Form U-4, any Floor employee that is dually
employed must be registered with each member organization for whom he
or she works. Accordingly, because the new dual employment requirement
under proposed NYSE Rule 3220(b) triggers the NYSE Rule 35 dual
registration requirements, it is not necessary to specify dual
registration in proposed NYSE Rule 3220. Upon adoption of NYSE Rule
3220 the NYSE and the Exchange intend to issue guidance to their
members and member organizations reminding them that any person who is
dually employed by two or more members or member organizations must be
registered with each such member or member organization pursuant to
NSYE and NYSE Amex Equities Rule 35.\19\
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    \19\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
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    NYSE Rules 350(a) and 350.10 also specifically address, inter alia,
the giving of gifts or gratuities to, or the employment or compensation
of, employees of the NYSE by members, member organizations and their
employees. In particular, NYSE Rule 350.10 specifies, inter alia, the
procedures for seeking NYSE's consent for the employment or
compensation of NYSE employees and describes the types of dual-
employment arrangements generally acceptable to the NYSE and those that
are not acceptable.
    The NYSE believes that proposed NYSE Rules 3220 and 2070
specifically address the provisions of NYSE Rule 350(a) and 350.10
dealing expressly with NYSE employees. To begin with, proposed NYSE
Rule 3220 concerns the giving of gifts or gratuities to, or the
employment or compensation of, any employee of another, which would
include employees of the NYSE. In addition, proposed NYSE Rule 2070(c)
specifically provides that, notwithstanding the more general
prescriptions of NYSE Rule 3220(a), members and member organizations
are prohibited from giving anything of value to an NYSE employee
responsible for any regulatory matter involving such member or member
organization. The NYSE did not include the standards or procedures for
dual-employment arrangements for its employees contained in NYSE Rule
350.10 into the proposed NYSE Rules 2070 and 3220 because those rules
bind only NYSE members and member organizations and not its employees.
The NYSE does believe, however, that proposed NYSE Rules 2070 and 3220
governing member conduct, together with the NYSE's internal policies
and procedures governing the acceptance of gifts and gratuities and
dual employment arrangements by its employees, provide sufficient
protection against any improper relationships between its employees and
its members.\20\
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    \20\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended. The Exchange, which is the NYSE's corporate affiliate,
has the same policies and procedures governing the acceptance of
gifts and gratuities and dual employment arrangements by its
employees.
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    In its filing, the NYSE also noted that NYSE Rule Interpretations
350/01-/03 are addressed by proposed NYSE Rules 2010, 2020 and 3220, as
well as existing NYSE Rules 476(a)(1) and (a)(5).\21\ The NYSE also
noted that, upon adoption of new NYSE Rule 3220, it would issue an
Information Memorandum to its members and member organizations,
including dual FINRA and NYSE members and members organizations as well
as NYSE-only members and member organizations, informing them of their
obligations under the new Rule incorporating the FINRA interpretations
under its Rule 3220 concerning business entertainment expenses. The
Exchange would issue joint guidance to its members and member
organizations, including both dual FINRA and NYSE Amex members and
member organizations as well as NYSE Amex-only members and member
organizations, concurrently with the NYSE.\22\
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    \21\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended. In its filing, the NYSE proposes to replace current NYSE
Rule 401(a), concerning good business practices, with proposed NYSE
Rules 2010 and 2020, which are substantially identical to FINRA
Rules 2010 and 2020, approved by the Commission. The Exchange
proposes, infra, the adoption of NYSE Amex Equities Rules 2010 and
2020 in the form proposed by the NYSE, subject to such changes as
are necessary to apply them to the Exchange.
    \22\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended. Specifically, FINRA's interpretative guidance concerning
business entertainment expenses includes a June 24, 1999, Letter to
Henry H. Hopkins and Sarah McCafferty, T. Rowe Price Investment
Services, Inc. This interpretative letter and other interpretive
guidance concerning business entertainment expenses are currently
available at FINRA's Web site at http://www.finra.org/Industry/
Regulation/Guidance/InterpretiveLetters/ConductRules/index.htm.
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    As proposed, new NYSE Rules 2070 and 3220 are virtually identical
to FINRA Rules 2070 and 3220, previously approved by the Commission.
With respect to proposed NYSE Rule 2070, the NYSE proposes minor
changes to the approved FINRA version of that Rule to conform it to the
Exchange, including changing the title of the Rule to ``Transactions
Involving Exchange Employees,'' adding the term ``member
organization,'' and adding language that requires member organizations
to provide statements to the NYSE, rather than FINRA, for accounts held
by NYSE employees. In addition, the NYSE proposes to add language to
NYSE 2070(c) to include listing applications and delisting proceedings,
and to remove the reference to dispute-resolution proceedings.\23\ With
respect to proposed NYSE Rule 3220, to conform that Rule to NYSE
definitions, the NYSE proposes adding the term ``member organization.''
\24\
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    \23\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended. Unlike FINRA, both the NYSE and the Exchange still
review listing applications and conduct delisting proceedings and
believe it is appropriate to include these matters in proposed NYSE
and NYSE Amex Equities Rule 2070(c). In addition, since neither the
NYSE nor the Exchange no longer engages in dispute-resolution
proceedings (i.e. arbitrations), they do not need such a designation
in either proposed NYSE or NYSE Amex Equities Rule 2070.
    \24\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
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    Finally, although FINRA has deleted language from FINRA
Incorporated NYSE Rule 407, because the NYSE uses its corresponding
NYSE Rule to, inter alia, monitor accounts held by NYSE employees, the
NYSE will retain NYSE Rule 407 without change.\25\
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    \25\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended. Even though FINRA amended FINRA Incorporated NYSE Rule
407 when it adopted FINRA Rule 2070, those two rules are not
inconsistent. NYSE Rule 407(a) provides, inter alia, that a member
or member organization must obtain prior written consent before
opening an account or executing a trade for an NYSE employee. FINRA
Rule 2070(a) and proposed NYSE Rule 2070(a) simply require that,
once a member or member organization has actual notice of an account
held by a FINRA or NYSE employee, it must provide duplicate account
statements to the NYSE. In addition, NYSE Rule 407.10 prescribes
procedures for how NYSE employees may open accounts that are not
addressed by FINRA Rule 2070 or proposed NYSE Rule 2070. Thus, the
NYSE can retain NYSE Rule 407 in its original form as well as adopt
NYSE Rule 2070 without any regulatory conflict for its members and
member organizations. Similarly, the Exchange will retain Rule 407-
NYSE Amex Equities.

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    The Exchange proposes to correspondingly delete Rule 350-NYSE Amex
Equities and adopt Rules 2070- and 3220-NYSE Amex Equities in the form
proposed by the NYSE, subject to such changes as are necessary to apply
them to the Exchange. Similarly, the Exchange will retain Rule 407-NYSE
Amex Equities without change to monitor accounts held by Exchange
employees.
FINRA Rule Filing SR-FINRA-2008-028 \26\
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    \26\ See Securities Exchange Act Release No. 58643 (September
25, 2008), 73 FR 57174 (October 1, 2008) (SR-FINRA-2008-021, -022, -
026,-028, -029).
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    Here, FINRA adopted, inter alia, NASD Rules 2110 (Standards of
Commercial Honor and Principles of Trade) and 2120 (Use of
Manipulative, Deceptive or Other Fraudulent Devices) as FINRA Rules
2010 and 2020, respectively. FINRA Rule 2010 requires members to
observe high standards of commercial honor and just and equitable
principles of trade in the conduct of their business. This Rule is used
to protect market participants from dishonest and unfair practices even
where those practices do not violate a specific law, rule or
regulation. FINRA Rule 2020 is a general antifraud provision that is
used to address a range of conduct, including market manipulation,
excessive trading, insider trading and fraudulent misrepresentation. In
a separate filing, FINRA also adopted FINRA Rule 6140 (Other Trading
Practices), which replaces NASD Rule 5120 and governs a number of
prohibited trading practices, including manipulation and disseminating
false and misleading information about a security.\27\
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    \27\ FINRA Rule 6140 was adopted in SR-FINRA-2008-021. See
Securities Exchange Act Release No. 58643 (September 25, 2008), 73
FR 57174 (October 1, 2008) (SR-FINRA-2008-021, -022, -026, -028, -
029).
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    Because they are substantively duplicative of these FINRA Rules,
FINRA deleted the corresponding provisions of FINRA Incorporated NYSE
Rules 401(a) (Business Conduct) and 435(1), (3) and (4) (Miscellaneous
Prohibitions) and Rule Interpretation 401/01 (Trading Against Firm
Recommendations).\28\ In addition, FINRA deleted NYSE Rule
Interpretation 401/02 (Private Sales), which requires members to
monitor personnel that market securities through private offerings, for
being substantively duplicative of NYSE Rules 407(b) and 407.11.\29\
FINRA also deleted FINRA Incorporated NYSE Rule 435 provisions (6) and
(7) as being obsolete and/or substantively duplicative of Federal
Reserve Board Regulation T.
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    \28\ In addition to being covered more generally by FINRA Rules
2010 and 2020, provisions (1), (3) and (4) of FINRA Incorporated
NYSE Rule 435 are also substantially the same as FINRA Rule 6140.
See Securities Exchange Act Release No. 58643 (September 25, 2008),
73 FR 57174 (October 1, 2008) (SR-FINRA-2008-021, -022, -026, -028,
-029).
    \29\ FINRA has stated that these particular NASD and NYSE Rules
are proposed for inclusion in the so-called ``supervision rules''
that are to be adopted at some later date as part of the
Consolidated FINRA Rulebook. See FINRA Regulatory Notice 08-24.
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    Accordingly, to harmonize NYSE Rules with the approved FINRA Rules,
the NYSE similarly proposes to delete (i) NYSE Rule 401(a) and Rule
Interpretations 401/01 and/02, (ii) NYSE Rule 476(a)(6),\30\ and (iii)
NYSE Rules 435(1), (3), (4), (6) and (7). To replace NYSE Rules 401(a)
and 476(a)(6) and Rule Interpretation 401/01, the NYSE proposes to
adopt NYSE Rules 2010 and 2020, which are substantially identical to
FINRA Rules 2010 and 2020, except for adding the term ``member
organization.'' To replace NYSE Rules 435(1), (3), and (4), the NYSE
proposes to adopt NYSE Rule 6140, which is substantially identical to
FINRA Rule 6140, except for adding the term ``member organization.''
For the same reasons proposed by FINRA, the NYSE proposes deleting NYSE
Rule Interpretation 401/02 as being substantively duplicative of NYSE
Rules 407(b) and 407.11, and deleting NYSE Rules 435(6) and (7) as
being obsolete and/or substantively duplicative of Reserve Board
Regulation T.\31\
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    \30\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended. Although it is not addressed by FINRA in its filing
because it is not a FINRA Incorporated NYSE Rule subject to FINRA's
regulatory responsibility under the Agreement, NYSE Rule 476(a)(6)
prescribes that NYSE members and member organizations and their
employees may not engage in conduct ``inconsistent with just and
equitable principles of trade[.]'' The NYSE thus includes this
provision for deletion since ``just and equitable principles of
trade'' are addressed in proposed NYSE Rule 2010. The Exchange
correspondingly proposes to delete Non-NYSE Amex Equities Rule
476(a)(6).
    \31\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
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    The Exchange proposes to correspondingly delete Rules 401(a)- and
435(1), (3), (4), (6) and (7)-NYSE Amex Equities and Non-NYSE Amex
Equities Rule 476(a)(6).\32\ The Exchange further proposes to adopt
Rules 2010-, 2020- and 6140-NYSE Amex Equities in the form proposed by
the NYSE, subject to such changes as are necessary to apply them to the
Exchange.
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    \32\ For a definition of ``Non-NYSE Amex Equities Rules,'' see
legacy Amex Rule 0 and Rule 0--NYSE Amex Equities.
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FINRA Rule Filing SR-FINRA-2008-029 \33\
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    \33\ See Securities Exchange Act Release No. 58643 (September
25, 2008), 73 FR 57174 (October 1, 2008) (SR-FINRA-2008-021, -022, -
026, -028, -029).
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    In this filing, FINRA deleted, inter alia, FINRA Incorporated NYSE
Rules 405A (Non-Managed Fee-Based Account Programs--Disclosure and
Monitoring), 440F (Public Short Sale Transactions Effected on the
Exchange), 440G (Transactions in Stocks and Warrants for the Accounts
of Members, Allied Members and Member Organizations) and 477 (Retention
of Jurisdiction--Failure to Cooperate) as being duplicative of other
NASD, FINRA or SEC rules or regulations or as being specific to the
NYSE marketplace.
    For the same reasons set forth in the approved FINRA filing, the
NYSE proposes to delete NYSE Rule 405A. As FINRA noted, the
prescriptions of Rule 405A are addressed under the Investment Advisers
Act of 1940 and also, to the extent fee-based programs continue to
exist in brokerage accounts, in NASD Notice to Members 03-68, which
applies NASD Rule 2110 (Standards of Commercial Honor and Principles of
Trade) to such accounts.\34\ The NYSE is proposing to adopt NYSE Rule
2010, which is substantially the same as FINRA 2010, and so, to the
extent fee-based programs continue to exist in brokerage accounts they
would be addressed under the proposed Rule.\35\
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    \34\ NASD Rule 2110 was adopted by FINRA as FINRA Rule 2010 in
SR-FINRA-2008-028. See Securities Exchange Act Release No. 58643
(September 25, 2008), 73 FR 57174 (October 1, 2008) (SR-FINRA-2008-
021, -022, -026, -028, -029).
    \35\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended. Neither NYSE nor the Exchange is adopting NASD Notice
03-68 as it is not a formally adopted rule. It is important to note
that all of the Exchange's members and member organizations that
have public customers are also members of, and have their member
firm conduct regulated by, FINRA. Thus, to the extent FINRA Rule
2010 and new Rule 2010--NYSE Amex Equities apply to conduct
involving non-managed fee-based account programs, which concerns
member firm conduct, such application will be administered by FINRA.
Upon adoption of new Rule 2010--NYSE Amex Equities, the Exchange
intends to issue guidance to its members and member organizations
informing them of their obligations for such programs under the new
Rule and FINRA rules.
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    With respect to NYSE Rules 440F and 440G, as FINRA noted these
Rules are NYSE specific--they require member organizations to file with
the NYSE certain information about short sale and proprietary
transactions executed at the

NYSE. These Rules date to a time when trading at the NYSE was not as
automated as it is today. Today, the NYSE is able to track short sale
and proprietary trades through its ``OCS'' and ``PTP'' systems and run
surveillances based on that information. Because the NYSE can derive
that information from its trading systems, the NYSE no longer needs
member organizations to file separately that information. The NYSE
therefore believes that these Rules can be deleted in their
entirety.\36\
---------------------------------------------------------------------------

    \36\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
---------------------------------------------------------------------------

    Finally, although FINRA has deleted FINRA Incorporated NYSE Rule
477, because the NYSE uses that Rule for disciplinary purposes specific
to the organization, the NYSE will retain NYSE Rule 477 without change.
Because FINRA has deleted FINRA Incorporated NYSE Rule 477, NYSE Rule
477 will lose its status as a Common Rule and FINRA will no longer
retain any regulatory responsibility for this Rule.\37\
---------------------------------------------------------------------------

    \37\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
---------------------------------------------------------------------------

    The Exchange proposes to correspondingly delete Rules 405A-, 440F-
and 440G- NYSE Amex Equities. Similarly, the Exchange will retain Non-
NYSE Amex Equities Rule 477 without change for disciplinary purposes
specific to NYSE Amex.
FINRA Rule Filing SR-FINRA-2008-030 \38\
---------------------------------------------------------------------------

    \38\ See Securities Exchange Act Release No. 58661 (September
26, 2008), 73 FR 57395 (October 2, 2008) (SR-FINRA-2008-030).
---------------------------------------------------------------------------

    In this filing, FINRA adopted NASD Rule 3013 (Annual Certification
of Compliance and Supervisory Processes) and IM-3013 (Annual Compliance
and Supervision Certification) as FINRA Rule 3130. FINRA Rule 3130
requires each member firm to designate one or more principals to serve
as Chief Compliance Officer and also requires that the Chief Executive
Officer certify annually that the firm has established and maintained
procedures and processes reasonably designed to ensure compliance with
all applicable FINRA Rules and federal laws and regulations.
    Because they are substantively duplicative of the FINRA Rule, FINRA
deleted the corresponding provisions of FINRA Incorporated NYSE Rules
342.30(d) and (e) (Annual Report and Certification) and Rule
Interpretations 311(b)(5)/04 (Formation and Approval of Member
Organizations--Officers--Other Dual or Multi-Designations) and/05 (Co-
Designation of Principle Executive Officers) and 342.30(d)/01 (Annual
Reports and Certification--Designation of Chief Compliance Officer) and
(e)/01 (Annual Certification).
    To harmonize NYSE Rules with the approved FINRA Rules, the NYSE
proposes to (i) delete NYSE Rules 342.30(d) and (e) and Rule
Interpretations 311(b)(5)/04 and/05 and 342.30(d)/01 and (e)/01, and
(ii) replace them with proposed NYSE Rule 3130, which is substantially
similar to FINRA Rule 3130. As proposed, NYSE Rule 3130 adopts the same
language as FINRA Rule 3130, except for changing the term ``member'' to
``member organization''. Therefore, as proposed, NYSE Rule 3130 would
require NYSE member organizations to complete their annual
certifications at the same time they complete their certifications for
FINRA.\39\
---------------------------------------------------------------------------

    \39\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
---------------------------------------------------------------------------

    The Exchange proposes to correspondingly delete Rules 342.30(d) and
(e)--NYSE Amex Equities and adopt Rule 3130--NYSE Amex Equities in the
form proposed by the NYSE, subject to such changes as are necessary to
apply the Rule to the Exchange.
FINRA Rule Filing SR-FINRA-2008-033 \40\
---------------------------------------------------------------------------

    \40\ See Securities Exchange Act Release No. 58461 (September 4,
2008), 73 FR 52710 (September 10, 2008) (SR-FINRA-2008-033).
---------------------------------------------------------------------------

    Here, FINRA adopted NASD Rule 3360 (Short-Interest Reporting) and
FINRA Incorporated NYSE Rules 421(1) (Periodic Reports) and 421.10
(Short Positions) as new FINRA Rule 4560 and deleted these provisions
from the Common Rules. FINRA Rule 4560 adopted rule text to consolidate
the NASD and NYSE short-interest reporting requirements, including
requiring members to follow certain reporting requirements for short
positions in over-the-counter (``OTC'') and exchange-listed securities
for all customer and proprietary accounts.
    Accordingly, the NYSE proposes to (i) delete NYSE Rules 421(1) and
421.10, and (ii) adopt proposed NYSE Rule 4560 to replace the deleted
NYSE Rules. Proposed NYSE Rule 4560 is substantially identical to FINRA
Rule 4560. To conform NYSE Rule 4560 to the NYSE, the NYSE proposes to
remove the references to ``OTC Equity Securities'' in the rule,
including provision (b)(3), and change the term ``member'' to ``member
organization.'' Because FINRA processes short-interest reporting on
behalf of multiple exchanges, including the NYSE, proposed NYSE Rule
4560 will retain the requirement that member organizations report to
FINRA.\41\
---------------------------------------------------------------------------

    \41\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
---------------------------------------------------------------------------

    The Exchange proposes to correspondingly delete Rules 421(1) and
421.10--NYSE Amex Equities and adopt Rule 4560--NYSE Amex Equities in
the form proposed by the NYSE, subject to such changes as are necessary
to apply the Rule to the Exchange.
FINRA Rule Filing SR-FINRA-2008-039 \42\
---------------------------------------------------------------------------

    \42\ See Securities Exchange Act Release No. 58514 (September
11, 2008), 73 FR 54190 (September 18, 2008) (SR-FINRA-2008-039).
---------------------------------------------------------------------------

    In this filing, FINRA adopted, inter alia, provisions of NASD Rules
2710(b)(10) and (11) (Corporate Financing Rule--Underwriting Terms and
Arrangements) and FINRA Incorporated NYSE Rule 392(a) (Notification
Requirements for Offerings of Listed Securities) as consolidated FINRA
Rule 5190. FINRA Rule 5190 contains the Regulation M-related notice
requirements for members participating in securities offerings. FINRA
also deleted FINRA Incorporated NYSE Rule 392(b) as specific to the
NYSE marketplace.
    The NYSE continues to have regulatory responsibility with respect
to Regulation M and relies on reports filed by member organizations
pursuant to NYSE Rule 392 to conduct certain surveillances.
Accordingly, the NYSE continues to need an NYSE-specific rule requiring
firms to report this information to the NYSE. However, in an effort to
harmonize the reporting obligations across the NYSE and FINRA as much
as possible, the NYSE proposes to delete NYSE Rule 392 and adopt
proposed NYSE Rule 5190.
    Proposed NYSE Rule 5190 is substantially identical to FINRA Rule
5190, except for replacing the term ``member'' with the term ``member
organization'', changing the references to ``OTC Equity Securities''
and ``securities'' in the Rule to ``listed securities'' in order to
apply the Rule to the NYSE, and adding language to paragraphs (b) and
(e) of the Rule concerning stabilizing bids in order to ensure that the
requirements of NYSE Rule 392(b) are fully imported into new NYSE Rule
5190. The substantive reporting requirements of NYSE Rule 392 are
essentially being reorganized and renumbered into new NYSE Rule 5190 to
help eliminate confusion and regulatory duplication for its member
organizations. Member organizations

will therefore continue to file these reports with the NYSE.\43\
---------------------------------------------------------------------------

    \43\ See SR-NYSE-2009-25 (formally submitted on March 9, 2009),
as amended.
---------------------------------------------------------------------------

    The Exchange proposes to correspondingly delete Rule 392--NYSE Amex
Equities and adopt Rule 5190--NYSE Amex Equities in the form proposed
by the NYSE, subject to such changes as are necessary to apply the Rule
to the Exchange.
FINRA Rule Filing SR-FINRA-2008-057 \44\
---------------------------------------------------------------------------

    \44\ See Securities Exchange Act Release No. 59097 (December 12,
2008), 73 FR 78412 (December 22, 2008) (SR-FINRA-2008-057).
---------------------------------------------------------------------------

    In accordance with FINRA 2008-057, the NYSE incorporated changes to
proposed NYSE Rule 5190. As noted above, the Exchange proposes to adopt
corresponding Rule 5190- NYSE Amex Equities in the form proposed by the
NYSE, subject to such changes as are necessary to apply the Rule to the
Exchange.
2. Statutory Basis
    The Exchange believes that the proposed rule changes are consistent
with Section 6(b) of the Act,\45\ in general, and further the
objectives of Section 6(b)(5) of the Act,\46\ 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 proposed rule changes also support the principles
of Section 11A(a)(1) \47\ of the Act in that they seek to ensure the
economically efficient execution of securities transactions and fair
competition among brokers and dealers and among exchange markets.
---------------------------------------------------------------------------

    \45\ 15 U.S.C. 78f(b).
    \46\ 15 U.S.C. 78f(b)(5).
    \47\ 15 U.S.C. 78k-1(a)(1).
---------------------------------------------------------------------------

    The Exchange believes that the proposed rule changes are necessary
and appropriate to conform the NYSE Amex Equities Rules with changes
made to the corresponding NYSE Rules on which they are based. The
Exchange also believes that the proposed rule changes will provide
greater harmonization among NYSE Rules, NYSE Amex Equities Rules and
FINRA Rules of similar purpose, resulting in less burdensome and more
efficient regulatory compliance for their common members and member
organizations. To the extent the Exchange has proposed changes that
differ from the NYSE version of the Rules, such changes are technical
in nature and do not change the substance of the proposed NYSE Amex
Equities Rules. The Exchange therefore believes that the proposed rule
changes support the objectives of the Act by providing greater
regulatory clarity and relieving unnecessary regulatory burdens.

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

    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. 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<EMAIL_ADDRESS>Please include
File Number SR-NYSEALTR-2009-26 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-NYSEALTR-2009-26. 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 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-NYSEALTR-2009-26 and should
be submitted on or before April 27, 2009.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\48\
---------------------------------------------------------------------------

    \48\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Florence E. Harmon,
Deputy Secretary.
[FR Doc. E9-7590 Filed 4-3-09; 8:45 am]

BILLING CODE 8011-01-P


Peconic Estuary Program CCMP i Acknowledgements Program Director Vito Minei, Suffolk County Department of Health Services Deputy Program Director Walter Dawydiak, Suffolk County Department of Health Services Policy Committee Kathleen Callahan, United States Environmental Protection Agency, Chair Jean Cochran, Town of Southold, on behalf of the Local Government Committee Ray Cowen, New York State Department of Environmental Conservation Robert Gaffney, Suffolk County Executive Management Committee Janice Rollwagen, United States Environmental Protection Agency, Chair *

Jean Cochran, Town of Southold, on behalf of the Local Government Committee * David Stillwell, United States Fish and Wildlife Service Darrel J. Kost, New York State Department of Transportation Lisa Liquori, Town of East Hampton ( 1993 2000), on behalf of the Technical Advisory Committee * Charles McCaffrey, New York State Department of State Kevin McDonald, Group for the South Fork, on behalf of the Citizens Advisory Committee * Arthur Newell, New York State Department of Environmental Conservation * Bill O'Beirne, National Oceanic and Atmospheric Administration George Proios, on behalf of the Suffolk County Executive * Fred Thiele, New York State Assemblyman, on behalf of the New York State Legislature * Voting Members Coordinators Federal: Rick Balla, United States Environmental Protection Agency State: Dr. Matthew Sclafani, New York State Department of Environmental Conservation County: Laura Klahre, Suffolk County Department of Health Services Public Outreach: Gayle Marriner Smith, Ecovision, Inc. Marine Conservation Planner: Dr. Marci Bortman, The Nature Conservancy Key Partners Cornell Cooperative Extension Suffolk County Planning Department ( Dr. DeWitt Davies) The Nature Conservancy ( Susan Antenen) United States Fish and Wildlife Service ( Tom Halavik) United States Geological Survey ( Chris Schubert)

Other Key Participants New York Sea Grant ( Dr. Jack Mattice, Cornelia Schlenk, Bob Kent) North Fork Environmental Council ( Debbie O'Kane) SUNY at Stony Brook   Marine Sciences Research Center ( Dr. Kirk Cochran, Dr. Robert Cerrato) Suffolk County Department of Public Works ( Charles Bartha, Ed Lynch, Dominick Ninivaggi) Peconic Estuary Program CCMP Federal, State, and County Elected Officials U. S. Congressman Felix Grucci Former U. S. Congressman Michael Forbes Former U. S. Congressman George Hochbrueckner New York State Senator Kenneth LaValle New York State Assemblyman Fred Thiele New York State Assemblywoman Patricia Acampora Suffolk County Legislator Michael Caracciolo Suffolk County Legislator George Guldi Special Appreciation Association of Marine Industries Long Island Farm Bureau ( Joseph Gergela) Towns of Brookhaven, East Hampton, Riverhead, Shelter Island, Southampton and Southold Former Staff Members Jon Gorin Dr. Cynthia Decker Mario Paula Max Strieb Sponsoring Agency Acknowledgements The United States Environmental Protection For their leadership, guidance and assistance, we wish to thank Jeanne Fox, Bill Muszynski, Rich Caspe, Kevin Bricke, Felix Locicero, Noemi Mercado, Betsy Tam Salter, Mario Del Vicario, Jon Gorin, Mario Paula, Bob Vaughn, Patrick Durack, Paul Giardina, Mary Logan, Mary Mears, Pat Carr, Terry Ippolito, Dennis McChesney, Jim Ferretti, Towana Joseph, Eric Simpson, Jim Olander, Donna Somboonlakana, Doug Pabst, Steve Ferreira, and Tristan Gillespie.

The New York State Department of Environmental Conservation We wish to thank Gordon Colvin, Karen Chytalo, Byron Young, Alice Weber, Ken Koetzner, Chris LaPorta, and Debra Barnes of the Bureau of Marine Resources for their technical assistance and support of this document. The technical guidance of Phil DeGaetano, Dick Draper, Alan Fuchs, Robert Schneck, Anthony Leung, and Laura Star of the Division of Water are also greatly appreciated. Thanks also to Stephen Hammond, Vinnie Palmer, and Chart Guthrie for their critical input and assistance.

Suffolk County Department of Health Services Special appreciation is extended to Robert Gaffney, the Suffolk County Executive, for his guidance and support, and the Suffolk County Legislature for its continuing commitment to the Program. Clare Bradley, M. D., M. P. H., Commissioner of the Suffolk County Department of Health Services, is also recognized for her unfailing dedication. The Bureau of Marine Resources, including Dr. Robert Nuzzi, Robert Waters, John Bredemeyer, Gary Chmurzynski, Charles Schell, Cindy MacArthur, and Mike Jensen are much appreciated for their hard work in collecting monitoring data in all types of weather conditions. The clerical and cartographic staff at the Office of Ecology, especially Arlene Freudenberg, Jeanine Schlosser, Barbara Harrison, and Thomas Keenan, must be acknowledged for their attention and willingness to contribute to the Peconic Estuary Program.

NOTE: A complete PEP Management Conference membership listing is located in Appendix C.


[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Notices]
[Page 32855]
[FR Doc No: 2018-15134]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OEI-2011-0096; FRL--9980-55-OEI]

Information Collection Request Submitted to OMB for Review and
Approval; Comment Request; Cross-Media Electronic Reporting Rule
(Renewal)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) has submitted an
information collection request (ICR), Cross-Media Electronic Reporting
Rule (EPA ICR No. 2002.07, OMB Control No. 2025-0003), to the Office of
Management and Budget (OMB) for review and approval in accordance with
the Paperwork Reduction Act. This is a proposed extension of the ICR,
which is currently approved through July 31, 2018. Public comments were
previously requested via the Federal Register on January 19, 2018
during a 60-day comment period. This notice allows for an additional 30
days for public comments. A fuller description of the ICR is given
below, including its estimated burden and cost to the public. 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 OMB
control number.

DATES: Additional comments may be submitted on or before August 15,
2018.

ADDRESSES: Submit your comments, referencing Docket ID Number EPA-HQ-
OEI-2011-0096, to (1) EPA online using www.regulations.gov (our
preferred method), by email to [email protected], or by mail to: EPA
Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200
Pennsylvania Ave. NW, Washington, DC 20460, and (2) OMB via email to
[email protected]. Address comments to OMB Desk Officer for
EPA.
    EPA's policy is that all comments received will be included in the
public docket without change including any personal information
provided, unless the comment includes profanity, threats, information
claimed to be Confidential Business Information (CBI) or other
information whose disclosure is restricted by statute.

FOR FURTHER INFORMATION CONTACT: Devon Martin, Office of Environmental
Information (2823T), Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Supporting documents, which explain in
detail the information that the EPA will be collecting, are available
in the public docket for this ICR. The docket can be viewed online at
www.regulations.gov or in person at the EPA Docket Center, WJC West,
Room 3334, 1301 Constitution Ave. NW, Washington, DC. The telephone
number for the Docket Center is<PHONE_NUMBER>. For additional
information about EPA's public docket, visit http://www.epa.gov/dockets.
    Abstract: This ICR addresses the electronic reporting components of
the Cross-Media Electronic Reporting Rule (CROMERR), which is designed
to: (i) Allow EPA to comply with the Government Paperwork Elimination
Act of 1998; (ii) provide a uniform, technology-neutral framework for
electronic reporting across all EPA programs; (iii) allow EPA programs
to offer electronic reporting as they become ready for CROMERR; and
(iv) provide states with a streamlined process--together with a uniform
set of standards--for approval of their electronic reporting provisions
for all their EPA-authorized programs. Responses to the collection of
information are voluntary. In order to accommodate CBI, the information
collected must be in accordance with the confidentiality regulations
set forth in 40 CFR part 2, subpart B. Additionally, EPA will ensure
that the information collection procedures comply with the Privacy Act
of 1974 and the OMB Circular 108.
    Form numbers: None.
    Respondents/affected entities: Entities that report electronically
to EPA and state or local government authorized programs; and state and
local government authorized programs implementing electronic reporting.
    Respondent's obligation to respond: Voluntary, required to obtain
or retain a benefit (Cross-Media Electronic Reporting Rule (CROMERR)
established to ensure compliance with the Government Paperwork
Elimination Act (GPEA)).
    Estimated number of respondents: 175,047 (total).
    Frequency of response: On occasion.
    Total estimated burden: 83,837 hours (per year). Burden is defined
at 5 CFR 1320.03(b).
    Total estimated cost: $4,055,829 (per year), including $569,916 in
annualized capital or operation & maintenance costs.
    Changes in the estimates: There is an increase of 34,233 hours in
the total estimated respondent burden compared with the ICR currently
approved by OMB. This increase occurred primarily because of the launch
of substantial new e-reporting systems by EPA, such as lead-based paint
abatement notifications, and the anticipated launch of the e-Manifest
system. Additionally, based on consultations with industry and state,
tribal, and local agencies, EPA increased some of the previous burden
estimates to reflect a more realistic average.

Courtney Kerwin,
Director, Regulatory Support Division.
[FR Doc. 2018-15134 Filed 7-13-18; 8:45 am]
 BILLING CODE 6560-50-P


[Federal Register Volume 88, Number 48 (Monday, March 13, 2023)]
[Notices]
[Page 15488]
[FR Doc No: 2023-05044]

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SECURITIES AND EXCHANGE COMMISSION

[Investment Company Act Release No. 34850; File No. 812-15380]

Lord Abbett & Co. LCC, et al.

March 7, 2023.
AGENCY:  Securities and Exchange Commission (``Commission'' or
``SEC'').

ACTION: Notice.

-----------------------------------------------------------------------

    Notice of application for an order under sections 17(d) and 57(i)
of the Investment Company Act of 1940 (the ``Act'') and rule 17d-1
under the Act to permit certain joint transactions otherwise prohibited
by sections 17(d) and 57(a)(4) of the Act and rule 17d-1 under the Act.

Summary of Application:  Applicants request an order to permit certain
business development companies and closed-end management investment
companies to co-invest in portfolio companies with each other and with
certain affiliated investment entities.

Applicants:  Lord Abbett & Co. LLC, Lord Abbett Credit Opportunities
Fund, Lord Abbett Special Situations Income Fund, Lord Abbett Floating
Rate High Income Fund, Lord Abbett Bank Loan Trust, Lord Abbett
International Small Cap Trust, Lord Abbett Short Duration Credit Trust,
Lord Abbett Small Cap Growth Trust.

Filing Dates:  The application was filed on August 23, 2022 and amended
on December 29, 2022.

Hearing or Notification of Hearing:  An order granting the requested
relief will be issued unless the Commission orders a hearing.
Interested persons may request a hearing on any application by emailing
the Commission's Secretary at [email protected] and serving the
Applicants with a copy of the request by email, if an email address is
listed for the relevant Applicant below, or personally or by mail, if a
physical address is listed for the relevant Applicant below. Hearing
requests should be received by the Commission by 5:30 p.m. on April 3,
2023, and should be accompanied by proof of service on the Applicants,
in the form of an affidavit, or, for lawyers, a certificate of service.
Pursuant to rule 0-5 under the Act, hearing requests should state the
nature of the writer's interest, any facts bearing upon the
desirability of a hearing on the matter, the reason for the request,
and the issues contested. Persons who wish to be notified of a hearing
may request notification by emailing the Commission's Secretary at
[email protected].

ADDRESSES:  The Commission: [email protected] Applicants:
Lawrence B. Stoller, Lord, Abbett & Co. LLC [email protected];
Michael G. Doherty, Ropes & Gray LLP [email protected];
Bryan Chegwidden, Ropes & Gray LLP [email protected].

FOR FURTHER INFORMATION CONTACT:  Barbara T. Heussler, Senior Counsel,
or Daniele Marchesani, Assistant Chief Counsel, at<PHONE_NUMBER>
(Division of Investment Management, Chief Counsel's Office).

SUPPLEMENTARY INFORMATION:  For Applicants' representations, legal
analysis, and conditions, please refer to Applicants' first amended and
restated application, dated December 29, 2022, which may be obtained
via the Commission's website by searching for the file number at the
top of this document, or for an Applicant using the Company name search
field on the SEC's EDGAR system. The SEC's EDGAR system may be searched
at, http://www.sec.gov/edgar/searchedgar/legacy/companysearch.html. You
may also call the SEC's Public Reference Room at<PHONE_NUMBER>.

    For the Commission, by the Division of Investment Management,
under delegated authority.
Sherry R. Haywood,
Assistant Secretary.
[FR Doc. 2023-05044 Filed 3-10-23; 8:45 am]
BILLING CODE 8011-01-P