[Federal Register Volume 77, Number 179 (Friday, September 14, 2012)]
[Notices]
[Pages 56902-56903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22640]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67815; File No. SR-NYSE-2012-46]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change To 
Delete Non-Operable Text Within Its Price List Applicable to 
Supplemental Liquidity Providers (``SLPs'')

September 10, 2012.
    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 September 5, 2012, New York Stock Exchange LLC (the 
``Exchange'' or ``NYSE'') filed with the Securities and Exchange 
Commission (``Commission'') the proposed rule change as described in 
Items I, II and III below, which Items have been prepared by the 
Exchange. The Commission is publishing this notice to solicit comments 
on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to delete non-operable text within its Price 
List applicable to Supplemental Liquidity Providers (``SLPs''). The 
text of the proposed rule change is available on the Exchange's Web 
site at www.nyse.com, at the principal office of the Exchange, and at 
the Commission's Public Reference Room.

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 Exchange is proposing to delete non-operable text within its 
Price List applicable to SLPs.
    On August 28, 2012, the Exchange filed a rule proposal to (i) amend 
NYSE Rule 107B to change the existing SLP monthly volume requirement in 
all assigned SLP securities from an average daily volume (``ADV'') of 
more than 10 million shares to an ADV that is a specified percentage of 
consolidated ADV (``CADV'') in all NYSE-listed securities (``NYSE 
CADV'') and (ii) amend the Exchange's Price List to specify the 
applicable percentage of NYSE CADV for the monthly volume requirement. 
In particular, the Exchange deleted from the Price List the requirement 
that SLPs add liquidity of an ADV of more than 10 million shares, and 
replaced it with a requirement that SLPs add liquidity in all assigned 
SLP securities of an ADV of more than 0.22% of NYSE CADV. These rule 
changes became operative on September 1, 2012.\3\
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    \3\ See Securities Exchange Act Release No. 67759 (Aug. 30, 
2012) 77 FR 54939 (Sep. 6, 2012) (SR-NYSE-2012-38).
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    The Exchange proposes this rule filing to delete text that was 
inadvertently kept in the Price List that states that the monthly 
volume requirement is based on adding liquidity of an ADV of more than 
10 million shares. In particular, the Exchange proposes to delete the 
following text from the Price List: ``of an ADV of more than 10 million 
shares.'' As a result of this proposed change, the Price List will now 
accurately reflect that the monthly volume requirement to receive the 
credit per share--per transaction--for SLPs, both for securities with a 
per share price of $1.00 or more and for securities with a per share 
price of less than $1.00, is to add liquidity in all assigned SLP 
securities of an ADV of more than 0.22% of NYSE CADV. The Exchange 
further proposes to amend footnote 8 to the Price List to conform to 
the changes that are operative relating to how the monthly volume 
requirement is calculated.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) of the Securities Exchange Act of 1934 (the 
``Act''),\4\ in general, and furthers the objectives of Section 6(b)(4) 
of the Act,\5\ in particular, because it provides for the equitable 
allocation of reasonable dues, fees, and other charges among its 
members and issuers and other persons using its facilities and does not 
unfairly discriminate between customers, issuers, brokers or dealers. 
In particular, the Exchange believes that the rule proposal meets these 
requirements because it provides transparency in the Price List by 
deleting text that is no longer operable and assures that the Price 
List accurately reflects how the credits per transaction are calculated 
for the monthly volume requirement, as amended, by deleting the text 
that is no longer operable and revising footnote 8.
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    \4\ 15 U.S.C. 78f(b).
    \5\ 15 U.S.C. 78f(b)(4).
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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.

[[Page 56903]]

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 foregoing rule change is effective upon filing pursuant to 
Section 19(b)(3)(A) \6\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \7\ thereunder, because it establishes a due, fee, or other charge 
imposed by NYSE.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(2).
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    At any time within 60 days of the filing of such proposed rule 
change, the Commission summarily may temporarily suspend 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 email to [email protected]. Please 
include File Number SR-NYSE-2012-46 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-2012-46. This file 
number should be included on the subject line if email 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 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 
10:00 a.m. and 3:00 p.m. Copies of the 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-NYSE-2012-46 and should be 
submitted on or before October 5, 2012.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-22640 Filed 9-13-12; 8:45 am]
BILLING CODE 8011-01-P