Sunshine Act Meeting, 63902 [2012-25649]
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63902
Federal Register / Vol. 77, No. 201 / Wednesday, October 17, 2012 / Notices
The Exchange believes that the
proposal to only make a rebate available
for Customer electronic equity and ETF
option ADV in excess of 120,000
contracts is reasonable and equitable
because it would reasonably ensure that
the Exchange will derive sufficient
revenue to continue to fund the rebates,
for the benefit of all participants.
Further this requirement is not unfairly
discriminatory because it applies to all
OFPs.
The Exchange believes that the
requirement for an OFP to execute an
ADV of at least 200,000 Customer
electronic equity and ETF contracts as a
result of posting orders to the
Consolidated Book (i.e., ‘‘making’’
liquidity) to be eligible for the rebate is
reasonable, equitable and not unfairly
discriminatory for the following
reasons. This provision is designed to
encourage OFPs to send orders to the
Exchange, which will contribute to the
Exchange’s depth of book as well as to
the top of book liquidity. Encouraging
the posting of orders is both reasonable
and equitable because it enhances
transparency, price discovery and
liquidity for all participants on the
Exchange, benefiting all investors. As
the requirement will apply to all OFPs
equally, it is also not unfairly
discriminatory.
For these reasons, the Exchange
believes that the entire proposal is
reasonable, equitable and not unfairly
discriminatory. Finally, the Exchange
notes that it operates in a highly
competitive market in which market
participants can readily favor competing
venues if they deem fee levels at a
particular venue to be excessive. In such
an environment, the Exchange must
continually review, and consider
adjusting, its fees and credits to remain
competitive with other exchanges. For
the reasons described above, the
Exchange believes that the proposed
rule change reflects this competitive
environment.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
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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.
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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) 15 of the Act and
subparagraph (f)(2) of Rule 19b–4 16
thereunder, because it establishes a due,
fee, or other charge imposed by the
NYSE MKT.
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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–NYSEMKT–2012–50 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–NYSEMKT–2012–50. 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 (https://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
15 15
16 17
PO 00000
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
Frm 00117
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printing in the Commission’s Public
Reference Room, 100 F Street NE.,
Washington, DC 20549–1090. Copies of
the filing will also 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–
NYSEMKT–2012–50 and should be
submitted on or before November 7,
2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–25500 Filed 10–16–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold an Open Meeting
on Wednesday, October 17, 2012 at
10:00 a.m., in the Auditorium, Room L–
002.
The subject matter of the Open
Meeting will be:
The Commission will consider
whether to propose capital, margin, and
segregation requirements for securitybased swap dealers and major securitybased swap participants, and
amendments to Rule 15c3–1 under the
Exchange Act for broker-dealers.
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact: The Office of the Secretary at
(202) 551–5400.
Dated: October 12, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012–25649 Filed 10–15–12; 4:15 pm]
BILLING CODE 8011–01–P
17 17
E:\FR\FM\17OCN1.SGM
CFR 200.30–3(a)(12).
17OCN1
Agencies
[Federal Register Volume 77, Number 201 (Wednesday, October 17, 2012)]
[Notices]
[Page 63902]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-25649]
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SECURITIES AND EXCHANGE COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to the provisions of the
Government in the Sunshine Act, Public Law 94-409, that the Securities
and Exchange Commission will hold an Open Meeting on Wednesday, October
17, 2012 at 10:00 a.m., in the Auditorium, Room L-002.
The subject matter of the Open Meeting will be:
The Commission will consider whether to propose capital, margin,
and segregation requirements for security-based swap dealers and major
security-based swap participants, and amendments to Rule 15c3-1 under
the Exchange Act for broker-dealers.
At times, changes in Commission priorities require alterations in
the scheduling of meeting items.
For further information and to ascertain what, if any, matters have
been added, deleted or postponed, please contact: The Office of the
Secretary at (202) 551-5400.
Dated: October 12, 2012.
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-25649 Filed 10-15-12; 4:15 pm]
BILLING CODE 8011-01-P