[Federal Register Volume 78, Number 10 (Tuesday, January 15, 2013)]
[Notices]
[Pages 3064-3065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00679]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68607; File No. SR-NYSE-2012-80]


Self-Regulatory Organizations; New York Stock Exchange LLC; 
Notice of Filing and Immediate Effectiveness of Proposed Rule Change 
Increasing the Fees Paid by Participants in the Exchange's Medallion 
Signature Program From $1,000 per Year to $1,300 per Year

January 9, 2013.
    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 December 28, 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to increase the fees paid by participants in 
the Exchange's medallion signature program from $1,000 per year to 
$1,300 per year. 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 proposes to change the application and annual charge 
to be paid by participants in the medallion signature program (``MSP'') 
maintained by the NYSE from $1,000 to $1,300 per year. In 1992, the 
Securities and Exchange Commission (``Commission'') approved NYSE's 
conversion of its existing signature service program to a signature 
guarantee program, now referred to as the MSP.\3\ At that time, the 
NYSE specified that participants in the MSP would bear the 
administrative expenses in connection with the program, which at that 
time was a charge of $300 to be paid upon filing an application to the 
program and annually thereafter. The $300 charge to participants in the 
MSP was increased to $1,000 as of January 1, 2005.\4\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release No. 31388 (October 30, 
1992), 57 FR 53366 (November 9, 1992) (SR-NYSE-92-16) (order 
approving implementation of a signature guarantee program). The MSP 
is governed by NYSE Rule 200.
    \4\ See Securities Exchange Act Release No. 51190 (February 11, 
2005), 70 FR 8867 (February 23, 2005) (SR-NYSE-2005-06).
---------------------------------------------------------------------------

    The Exchange has recently entered into a new agreement with the 
outside vendor that administers the MSP and the fees paid by the 
Exchange to that outside vendor have increased significantly. In 
addition, the Exchange's internal administrative and regulatory costs 
in relation to the MSP have increased significantly since the fees were 
last increased eight years ago. Consequently, effective January 1, 
2013, the Exchange will increase the charge to members participating in 
the MSP to $1,300. This charge will be payable upon a participant's 
filing of an application to the MSP and annually thereafter. The NYSE 
will bill MSP participants the increased fee for 2013 in January 2013.
    The proposed changes are not otherwise intended to address any 
other problem, and the Exchange is not aware of any significant problem 
that the affected market participants would have in complying with the 
proposed changes.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b) \5\ of the Securities Exchange Act of 1934 (the 
``Act''), in general, and furthers the objectives of Sections 6(b)(4) 
\6\ and 6(b)(5) \7\ of the Act, in particular, because it provides for 
the equitable allocation of reasonable dues, fees, and other charges 
among its members, issuers and other persons using its facilities and 
does not unfairly discriminate between customers, issuers, brokers, or 
dealers. The Exchange believes that the proposed fee is equitable and 
not unfairly discriminatory in that it is charged only to those member 
organizations that voluntarily participate in the MSP. The Exchange 
believes that the proposed fee is reasonable in that it is closely 
related to the Exchange's actual costs in administering the program.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
    \7\ 15 U.S.C. 78a.
---------------------------------------------------------------------------

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 purpose of the Act. In particular, the proposed 
fee only will be charged to those member organizations that voluntarily 
participate in the MSP. In addition, the increased fee amount 
correlates to the increased costs to the Exchange for administering the 
program.

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) \8\ of the Act and subparagraph (f)(2) of Rule 19b-
4 \9\ thereunder, because it establishes a due, fee, or other charge 
imposed by NYSE.
---------------------------------------------------------------------------

    \8\ 15 U.S.C. 78s(b)(3)(A).
    \9\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    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.

[[Page 3065]]

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-2012-80 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-2012-80. 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-2012-80 and should be 
submitted on or before February 5, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\10\
---------------------------------------------------------------------------

    \10\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-00679 Filed 1-14-13; 8:45 am]
BILLING CODE 8011-01-P