Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.11(a)(6)(C) To Add Inside Limit Orders as Eligible for Repricing Instructions, 28008-28010 [2013-11224]

Download as PDF tkelley on DSK3SPTVN1PROD with NOTICES 28008 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Notices 1. Evaluate whether the proposed collection of information is necessary for the proper performance of functions of OPM, including whether the information will have practical utility; 2. Evaluate the accuracy of OPM’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; 3. Enhance the quality, utility, and clarity of the information to be collected; and 4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses. DATES: Comments are encouraged and will be accepted until June 12, 2013. This process is conducted in accordance with 5 CFR 1320.1. ADDRESSES: Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention: Desk Officer for the Office of Personnel Management or sent via email to oira_submission@omb.eop.gov or faxed to (202) 395–6974. FOR FURTHER INFORMATION CONTACT: A copy of this ICR, with applicable supporting documentation, may be obtained by contacting the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention: Desk Officer for the Office of Personnel Management or sent via email to oira_submission@omb.eop.gov or faxed to (202) 395–6974. SUPPLEMENTARY INFORMATION: RI 20–7, Representative Payee Application, is used by the Civil Service Retirement System (CSRS) and the Federal Employees Retirement System (FERS) to collect information from persons applying to be fiduciaries for annuitants or survivor annuitants who appear to be incapable of handling their own funds or for minor children. RI 30–3, Information Necessary for a Competency Determination, collects medical information regarding the annuitant’s competency for OPM’s use in evaluating the annuitant’s condition. Analysis Agency: Retirement Operations, Retirement Services, Office of Personnel Management. VerDate Mar<15>2010 16:13 May 10, 2013 Jkt 229001 Title: Representative Payee Application and Information Necessary for a Competency Determination. OMB Number: 3206–0140. Frequency: On occasion. Affected Public: Individuals or Households. Number of Respondents: RI 20–7 = 12,480; RI 30–3 = 250. Estimated Time per Respondent: 90 minutes. Total Burden Hours: 6,490. U.S. Office of Personnel Management. Elaine Kaplan, Acting Director. [FR Doc. 2013–11304 Filed 5–10–13; 8:45 am] BILLING CODE 6325–38–P Dated: May 8, 2013. Elizabeth M. Murphy, Secretary. [FR Doc. 2013–11358 Filed 5–9–13; 11:15 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–69527; File No. SR– NYSEArca–2013–45] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca Equities Rule 7.11(a)(6)(C) To Add Inside Limit Orders as Eligible for Repricing Instructions May 7, 2013. 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 a Closed Meeting on Thursday, May 16, 2013 at 2:00 p.m. Commissioners, Counsel to the Commissioners, the Secretary to the Commission, and recording secretaries will attend the Closed Meeting. Certain staff members who have an interest in the matters also may be present. The General Counsel of the Commission, or her designee, has certified that, in his opinion, one or more of the exemptions set forth in 5 U.S.C. 552b(c)(3), (5), (7), 9(B) and (10) and 17 CFR 200.402(a)(3), (5), (7), 9(ii) and (10), permit consideration of the scheduled matters at the Closed Meeting. Commissioner Paredes, as duty officer, voted to consider the items listed for the Closed Meeting in a closed session. The subject matter of the Closed Meeting will be: Institution and settlement of injunctive actions; Institution and settlement of administrative proceedings; and Other matters relating to enforcement proceedings. 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. PO 00000 Frm 00074 Fmt 4703 Sfmt 4703 Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the ‘‘Act’’) 1 and Rule 19b–4 thereunder,2 notice is hereby given that on April 23, 2013, NYSE Arca, Inc. (‘‘NYSE Arca’’ or ‘‘Exchange’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II 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. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change The Exchange proposes to amend NYSE Arca Equities Rule 7.11(a)(6)(C) to add Inside Limit Orders as eligible for repricing instructions. 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. 1 15 2 17 U.S.C. 78s(b)(1). CFR 240.19b–4. E:\FR\FM\13MYN1.SGM 13MYN1 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Notices 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 amend NYSE Arca Equities Rule 7.11 (‘‘Rule 7.11’’), which implements the Limit Up—Limit Down Plan,3 the first phase of which became effective on April 8, 2013, to add Inside Limit Orders as eligible for repricing. Under Rule 7.11, buy or sell interest that is priced or could be executed above or below the Price Bands, as that term is used in the Rule, would be canceled, with one exception. That exception, set out in sub-paragraph (a)(6) of the Rule, permits an ETP Holder to instruct the Exchange to reprice eligible limit orders that are priced above or below the Price Bands, rather than cancel such orders. Eligible limit orders would be repriced to the Price Bands. The Exchange proposes to amend Rule 7.11(a)(6)(C) to add another limit order type that is eligible for repricing instructions. Specifically, the Exchange proposes to add Inside Limit Orders, which are defined in Rule 7.31(d),4 to the list of orders eligible for repricing instructions. The Exchange proposes to announce by Trader Update when the functionality associated with repricing instructions for Inside Limit Orders will be made available and anticipates that such instructions will be made available to ETP Holders before the roll out of the implementation of Phase I of the Plan has been completed. 2. Statutory Basis The proposed rule change is consistent with Section 6(b) of the Securities Exchange Act of 1934 (the ‘‘Act’’),5 in general, and furthers the objectives of Section 6(b)(5),6 in tkelley on DSK3SPTVN1PROD with NOTICES 3 As defined in Rule 7.11, ‘‘Plan’’ means the Plan to Address Extraordinary Market Volatility Submitted to the Securities and Exchange Commission Pursuant to Rule 608 of Regulation NMS under the Securities Exchange Act of 1934, Exhibit A to Securities Exchange Act Release No. 67091 (May 31, 2012), 77 FR 33498 (June 6, 2012), as it may be amended from time to time. 4 An Inside Limit Order is a Limit Order, which, if routed away pursuant to NYSE Arca Equities Rule 7.37(d), will be routed to the market participant with the best displayed price. Any unfilled portion of the order will not be routed to the next best price level until all quotes at the current best bid or offer are exhausted. Once each current best bid or offer is exhausted, Exchange systems reevaluate the next best displayed price and route to that single price point and continue such assessment at each new best displayed price level until the order is filled or no longer marketable. If the order is no longer marketable it will be ranked in the NYSE Arca Book pursuant to Rule 7.36. 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(5). VerDate Mar<15>2010 16:13 May 10, 2013 Jkt 229001 particular, in that it is designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in facilitating transactions in securities, and to remove impediments to and perfect the mechanism of a free and open market and a national market system. The Exchange believes that adding Inside Limit Orders to the list of orders eligible for repricing instructions removes impediments to and perfects the mechanism of a free and open market because it provides greater choice to ETP Holders of how to instruct the Exchange to handle their orders under the Plan. 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. The Exchange believes that the proposed amendment will reduce burdens on competition by giving ETP Holders greater flexibility to add repricing instructions for additional limit orders, specifically, Inside Limit Orders. 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 Exchange has filed the proposed rule change pursuant to Section 19(b)(3)(A)(iii) of the Act 7 and Rule 19b–4(f)(6) thereunder.8 Because the proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative prior to 30 days from the date on which it was filed, or such shorter time as the Commission may designate, if consistent with the protection of investors and the public interest, the proposed rule change has become 7 15 U.S.C. 78s(b)(3)(A)(iii). CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6) requires the Exchange to give the Commission written notice of the Exchange’s intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. 8 17 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 28009 effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b–4(f)(6)(iii) thereunder. A proposed rule change filed under Rule 19b–4(f)(6) 9 normally does not become operative prior to 30 days after the date of the filing. However, pursuant to Rule 19b–4(f)(6)(iii),10 the Commission may designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the proposal may become operative immediately upon filing. The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest because such waiver would allow the Exchange immediately to provide that Inside Limit Orders will be treated similar to other limit orders eligible for repricing instructions under the recently implemented Limit Up—Limit Down Plan. Accordingly, the Commission hereby grants the Exchange’s request and designates the proposal operative upon filing.11 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–NYSEArca–2013–45 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. 9 17 CFR 240.19b–4(f)(6). CFR 240.19b–4(f)(6)(iii). 11 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 10 17 E:\FR\FM\13MYN1.SGM 13MYN1 28010 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Notices All submissions should refer to File Number SR–NYSEArca–2013–45. 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 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 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 publicly available. All submissions should refer to File Number SR– NYSEArca–2013–45 and should be submitted on or before June 3, 2013. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.12 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2013–11224 Filed 5–10–13; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION Reporting and Recordkeeping Requirements Under OMB Review Small Business Administration. Notice of 30 day Reporting Requirements Submitted for OMB Review. AGENCY: tkelley on DSK3SPTVN1PROD with NOTICES ACTION: SUMMARY: Under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35), agencies are required to submit proposed reporting and recordkeeping requirements to OMB for review and approval, and to publish a notice in the Federal Register notifying the public that the agency has made such a submission. 12 17 CFR 200.30–3(a)(12). VerDate Mar<15>2010 16:13 May 10, 2013 Jkt 229001 Submit comments on or before June 12, 2013. If you intend to comment but cannot prepare comments promptly, please advise the OMB Reviewer and the Agency Clearance Officer before the deadline. Copies: Request for clearance (OMB 83–1), supporting statement, and other documents submitted to OMB for review may be obtained from the Agency Clearance Officer. ADDRESSES: Address all comments concerning this notice to: Agency Clearance Officer, Curtis Rich, Small Business Administration, 409 3rd Street SW., 5th Floor, Washington, DC 20416; and OMB Reviewer, Office of Information and Regulatory Affairs, Office of Management and Budget, New Executive Office Building, Washington, DC 20503. FOR FURTHER INFORMATION CONTACT: Curtis Rich, Agency Clearance Officer, (202) 205–7030, curtis.rich@sba.gov. SUPPLEMENTARY INFORMATION: Title: Program Income Report, and Narrative Program Report. Frequency: On Occasion. SBA Form Number: 2113. Description of Respondents: SBDC’s. Responses: 126. Annual Burden: 7,056. Officer, via email at WHABorderAffairs@state.gov, by phone at 202–647–9895 or by mail at Office of Mexican Affairs—Room 1329, Department of State, 2201 C St. NW., Washington, DC 20520. Information about Presidential permits is available on the Internet at https://www.state.gov/ p/wha/rt/permit/. SUPPLEMENTARY INFORMATION: The following is the text of the issued permit amendment: Curtis Rich, Management Analyst. * DATES: [FR Doc. 2013–11120 Filed 5–10–13; 8:45 am] BILLING CODE P DEPARTMENT OF STATE [Public Notice 8320] Issuance of an Amendment to the Presidential Permit for the City of Eagle Pass International Bridge Board Regarding the Port of Entry Known as Eagle Pass II SUMMARY: The Department of State issued an amendment to the Presidential Permit to the City of Eagle Pass International Bridge Board on May 2, 2013, eliminating the requirement that it provide land to the federal government free of charge, so that it may begin to collect payment for the use of the bridge’s temporary inspection facilities located on land leased to the federal government if certain conditions in the permit are satisfied. In making this determination, the Department provided public notice of the proposed amendment (75 FR 39089, July 10, 2010), offered the opportunity for comment and consulted with other federal agencies, as required by Executive Order 11423, as amended. FOR FURTHER INFORMATION CONTACT: Peter Marigliano, Mexico Border Affairs PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 By virtue of the authority vested in me as Under Secretary of State for Economic Growth, Energy and the Environment, including those authorities under Executive Order 11423, 33 FR 11741, as amended by Executive Order 12847 of May 17, 1993, 58 FR 29511, Executive Order 13284 of January 23, 2003, 68 FR 4075, and Executive Order 13337 of April 30, 2004, 69 FR 25299; and Department of State Delegation of Authority 118–2 of January 26, 2006; I hereby amend as set forth herein the permission granted in Presidential Permit Number 96–01, signed on April 12, 1996, to the City of Eagle Pass International Bridge Board (hereinafter referred to as ‘‘permittee’’) to construct, connect, operate, and maintain a new international vehicular and pedestrian bridge between the City of Eagle Pass, Maverick County, Texas and Piedras Negras, Coahuila, Mexico, at about mile 495.71 on the Rio Grande. * * * * 1. Article 10 of the Presidential Permit Number 96–01, signed on April 12, 1996, is amended and replaced in its entirety with the following provisions: Article 10. (1) The permittee shall provide to the General Services Administration (GSA) for the use and benefit of the United States Customs and Border Protection (CBP) and to other Federal Inspection Agencies, as appropriate, temporary inspectional facilities, at a mutually agreed upon site that are adequate and acceptable to the Federal Inspection Agencies. In providing the inspection facilities, including selection of the site, the permittee shall fully comply with all National Environmental Policy Act and National Historic Preservation Act mitigation provisions and stipulations. (2) The permittee shall negotiate with the GSA agreements to provide the inspection facilities with such terms, conditions, covenants, and agreements mutually acceptable to the parties covering the following matters: (i) An agreement providing for payment retroactively to July 11, 2010, until the Closing Date described in Article 10(2) (ii) for the use of all of the inspection facilities; (ii) A Donation Agreement and Special Warranty Deed between permittee and GSA conveying a portion of the inspection facilities in fee simple to the United States of America, in satisfaction of the permittee’s obligations under Article 14 of this Presidential Permit, which conveyance shall take place on or before May 31, 2013 (the ‘‘Closing Date’’); and, (iii) a lease agreement covering all remaining real property comprising the E:\FR\FM\13MYN1.SGM 13MYN1

Agencies

[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Notices]
[Pages 28008-28010]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11224]


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

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69527; File No. SR-NYSEArca-2013-45]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending NYSE Arca 
Equities Rule 7.11(a)(6)(C) To Add Inside Limit Orders as Eligible for 
Repricing Instructions

May 7, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given 
that on April 23, 2013, NYSE Arca, Inc. (``NYSE Arca'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II 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 amend NYSE Arca Equities Rule 
7.11(a)(6)(C) to add Inside Limit Orders as eligible for repricing 
instructions. 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.

[[Page 28009]]

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 amend NYSE Arca Equities Rule 7.11 
(``Rule 7.11''), which implements the Limit Up--Limit Down Plan,\3\ the 
first phase of which became effective on April 8, 2013, to add Inside 
Limit Orders as eligible for repricing. Under Rule 7.11, buy or sell 
interest that is priced or could be executed above or below the Price 
Bands, as that term is used in the Rule, would be canceled, with one 
exception. That exception, set out in sub-paragraph (a)(6) of the Rule, 
permits an ETP Holder to instruct the Exchange to reprice eligible 
limit orders that are priced above or below the Price Bands, rather 
than cancel such orders. Eligible limit orders would be repriced to the 
Price Bands.
---------------------------------------------------------------------------

    \3\ As defined in Rule 7.11, ``Plan'' means the Plan to Address 
Extraordinary Market Volatility Submitted to the Securities and 
Exchange Commission Pursuant to Rule 608 of Regulation NMS under the 
Securities Exchange Act of 1934, Exhibit A to Securities Exchange 
Act Release No. 67091 (May 31, 2012), 77 FR 33498 (June 6, 2012), as 
it may be amended from time to time.
---------------------------------------------------------------------------

    The Exchange proposes to amend Rule 7.11(a)(6)(C) to add another 
limit order type that is eligible for repricing instructions. 
Specifically, the Exchange proposes to add Inside Limit Orders, which 
are defined in Rule 7.31(d),\4\ to the list of orders eligible for 
repricing instructions. The Exchange proposes to announce by Trader 
Update when the functionality associated with repricing instructions 
for Inside Limit Orders will be made available and anticipates that 
such instructions will be made available to ETP Holders before the roll 
out of the implementation of Phase I of the Plan has been completed.
---------------------------------------------------------------------------

    \4\ An Inside Limit Order is a Limit Order, which, if routed 
away pursuant to NYSE Arca Equities Rule 7.37(d), will be routed to 
the market participant with the best displayed price. Any unfilled 
portion of the order will not be routed to the next best price level 
until all quotes at the current best bid or offer are exhausted. 
Once each current best bid or offer is exhausted, Exchange systems 
reevaluate the next best displayed price and route to that single 
price point and continue such assessment at each new best displayed 
price level until the order is filled or no longer marketable. If 
the order is no longer marketable it will be ranked in the NYSE Arca 
Book pursuant to Rule 7.36.
---------------------------------------------------------------------------

2. Statutory Basis
    The proposed rule change is consistent with Section 6(b) of the 
Securities Exchange Act of 1934 (the ``Act''),\5\ in general, and 
furthers the objectives of Section 6(b)(5),\6\ in particular, in that 
it is designed to prevent fraudulent and manipulative acts and 
practices, to promote just and equitable principles of trade, to foster 
cooperation and coordination with persons engaged in facilitating 
transactions in securities, and to remove impediments to and perfect 
the mechanism of a free and open market and a national market system. 
The Exchange believes that adding Inside Limit Orders to the list of 
orders eligible for repricing instructions removes impediments to and 
perfects the mechanism of a free and open market because it provides 
greater choice to ETP Holders of how to instruct the Exchange to handle 
their orders under the Plan.
---------------------------------------------------------------------------

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

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. The Exchange believes that 
the proposed amendment will reduce burdens on competition by giving ETP 
Holders greater flexibility to add repricing instructions for 
additional limit orders, specifically, Inside Limit Orders.

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 Exchange has filed the proposed rule change pursuant to Section 
19(b)(3)(A)(iii) of the Act \7\ and Rule 19b-4(f)(6) thereunder.\8\ 
Because the proposed rule change does not: (i) Significantly affect the 
protection of investors or the public interest; (ii) impose any 
significant burden on competition; and (iii) become operative prior to 
30 days from the date on which it was filed, or such shorter time as 
the Commission may designate, if consistent with the protection of 
investors and the public interest, the proposed rule change has become 
effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-
4(f)(6)(iii) thereunder.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(iii).
    \8\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6) 
requires the Exchange to give the Commission written notice of the 
Exchange's intent to file the proposed rule change, along with a 
brief description and text of the proposed rule change, at least 
five business days prior to the date of filing of the proposed rule 
change, or such shorter time as designated by the Commission. The 
Exchange has satisfied this requirement.
---------------------------------------------------------------------------

    A proposed rule change filed under Rule 19b-4(f)(6) \9\ normally 
does not become operative prior to 30 days after the date of the 
filing. However, pursuant to Rule 19b-4(f)(6)(iii),\10\ the Commission 
may designate a shorter time if such action is consistent with the 
protection of investors and the public interest. The Exchange has asked 
the Commission to waive the 30-day operative delay so that the proposal 
may become operative immediately upon filing. The Commission believes 
that waiving the 30-day operative delay is consistent with the 
protection of investors and the public interest because such waiver 
would allow the Exchange immediately to provide that Inside Limit 
Orders will be treated similar to other limit orders eligible for 
repricing instructions under the recently implemented Limit Up--Limit 
Down Plan. Accordingly, the Commission hereby grants the Exchange's 
request and designates the proposal operative upon filing.\11\
---------------------------------------------------------------------------

    \9\ 17 CFR 240.19b-4(f)(6).
    \10\ 17 CFR 240.19b-4(f)(6)(iii).
    \11\ For purposes only of waiving the 30-day operative delay, 
the Commission has considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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 rule-comments@sec.gov. Please include 
File Number SR-NYSEArca-2013-45 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.


[[Page 28010]]


All submissions should refer to File Number SR-NYSEArca-2013-45. 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 
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 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 publicly available. All 
submissions should refer to File Number SR-NYSEArca-2013-45 and should 
be submitted on or before June 3, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\12\
---------------------------------------------------------------------------

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

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-11224 Filed 5-10-13; 8:45 am]
BILLING CODE 8011-01-P
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