
[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Notices]
[Pages 59995-59998]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24040]



[[Page 59995]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67923; File No. SR-NYSEARCA-2012-103]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
of Proposed Rule Change Amending NYSE Arca Rules 3.2 and 3.3 and NYSE 
Arca Equities, Inc. (``NYSE Arca Equities'') Rules 3.2 and 3.3 to 
Expand the Eligibility Requirements for Service on Boards of Directors 
and Committees

September 25, 2012.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on September 18, 2012, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I, II, 
and III below, which Items have been prepared by the self-regulatory 
organization. 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\ 15 U.S.C. 78a.
    \3\ 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 amend NYSE Arca Rules 3.2 and 3.3 and NYSE 
Arca Equities, Inc. (``NYSE Arca Equities'') Rules 3.2 and 3.3 to 
expand the eligibility requirements for service on boards of directors 
and committees. 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 the 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend NYSE Arca Rules 3.2 and 3.3 and NYSE 
Arca Equities Rules 3.2 and 3.3 to expand the eligibility requirements 
for service on boards of directors and committees.
Amendments to NYSE Arca Rules
    Neither the Certificate of Incorporation nor the Bylaws of NYSE 
Arca restrict the eligibility of persons who can serve as a non-Public 
Director on the NYSE Arca Board of Directors or on committees.\4\ 
However, provisions of NYSE Arca Rules 3.2 and 3.3 require certain 
Board and committee members to be OTP Holders \5\ or Allied Persons of 
OTP Firms.\6\ An Allied Person is an individual who is (1) An employee 
of an OTP Firm who controls such firm, (2) an employee of an OTP Firm 
corporation who is a director or a principal executive officer of such 
corporation, (3) an employee of an OTP Firm limited liability company 
who is a manager or a principal executive officer of such limited 
liability company, or (4) a general partner in an OTP Firm partnership; 
each of these persons must be approved by the Exchange as an Allied 
Person.\7\ The Exchange proposes to expand the eligibility to serve in 
these Board and committee positions so that it includes OTP Holders, 
Allied Persons of OTP Firms, and Associated Persons of OTP Firms. 
``Associated Person'' is a broader term that means a person who is a 
partner, officer, director, member of a limited liability company, 
trustee of a business trust, employee of an OTP Firm, or any person 
directly or indirectly controlling, controlled by or under common 
control with an OTP Firm.\8\
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    \4\ See NYSE Arca Certificate of Incorporation and Sections 
3.02, 4.01, and 4.02 of the NYSE Arca Bylaws.
    \5\ OTP Holder means a natural person, in good standing, who has 
been issued an Options Trading Permit (``OTP''), or has been named 
as a nominee. See NYSE Arca Rule 1.1(q).
    \6\ OTP Firm means a sole proprietorship, partnership, 
corporation, limited liability company, or other organization in 
good standing who holds an OTP or upon whom an individual OTP Holder 
has conferred trading privileges on the Exchange's trading 
facilities. See NYSE Arca Rule 1.1(r).
    \7\ See NYSE Arca Rule 1.1(b).
    \8\ See NYSE Arca Rule 1.1(d).
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Board of Directors
    Section 6(b)(3) of the Securities Exchange Act of 1934, as amended 
(the ``Act''), requires that the rules of an exchange shall ``assure a 
fair representation of its members in the selection of its directors 
and administration of its affairs and provide that one or more 
directors shall be representative of issuers and investors and not be 
associated with a member of the exchange, broker, or dealer.'' \9\ 
Exchange members who serve on exchange boards thus are sometimes 
referred to as ``fair representation directors.'' NYSE Arca Rule 3.2 
sets forth a process for the nomination and selection of these 
directors. Specifically, NYSE Arca Rule 3.2(b)(2)(C)(ii) provides that 
the Nominating Committee may nominate OTP Holders or Allied Persons of 
OTP Firms to serve on the NYSE Arca Board of Directors. In addition, 
OTP Holders may submit a petition to the Exchange to nominate 
additional eligible candidates if certain requirements are met.
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    \9\ 15 U.S.C. 78f(b)(3).
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    The Exchange proposes to expand the eligibility for fair 
representation directors to include Associated Persons of OTP Firms. 
The Exchange believes that current NYSE Arca Rule 3.2 is unnecessarily 
exclusive and that the Exchange would benefit by expanding the pool of 
candidates for these Board seats to include all employees of OTP Firms. 
There may be employees of an OTP Firm who fall outside the definition 
of Allied Person whose experience would significantly benefit the Board 
of Directors and the Exchange.
    Permitting Associated Persons of OTP Firms to serve on the NYSE 
Arca Board of Directors is consistent with the board composition 
standards of at least five other self-regulatory organizations 
(``SROs''). The Exchange's affiliate, New York Stock Exchange LLC 
(``NYSE'') and NYSE MKT LLC (``NYSE MKT'') do not restrict fair 
representation directors to trading permit holders or Allied 
Persons.\10\ In addition, other exchanges specifically authorize the 
industry representatives on their exchanges to include member firm 
employees. For example, FINRA's Board of Governors includes Industry 
Governors, who are defined as persons who are or have served in the 
prior year as an officer, director (other than as an independent 
director), employee or controlling

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person of a broker-dealer.\11\ Thus, any person who is an employee of a 
broker-dealer is eligible to be a member of FINRA's Board of Governors. 
The NASDAQ Stock Market, Inc. (``NASDAQ'') \12\ and BATS Exchange, Inc. 
(``BATS'') \13\ have similar compositional structures that permit a 
broker-dealer employee to serve on their governing boards.
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    \10\ See Article II, Section 2.03(a) of the Fourth Amended and 
Restated Operating Agreement of NYSE (``NYSE Operating Agreement''), 
available at https://usequities.nyx.com/sites/usequities.nyx.com/files/fourth_amended_and_restated_operating_agreement_of_nyse_llc.pdf, and Article II, Section 2.03(a) of the Third Amended 
and Restated Operating Agreement of NYSE MKT (``NYSE MKT Operating 
Agreement''), available at http://wallstreet.cch.com/MKT/pdf/operating_agreement.pdf.
    \11\ See FINRA Bylaws, Article I(t) and Article VII, Section 
4(a), available at http://finra.complinet.com/en/display/display_viewall.html?rbid=2403&element_id=4598&record_id=5998.
    \12\ See Bylaws of NASDAQ, Article I(j) and Article IV, Section 
4.3, available at http://www.nasdaq.com/investorrelations/Bylaws.pdf.
    \13\ See Amended and Restated Bylaws of BATS, Article I(o) and 
Article III, Section 2, available at http://www.batstrading.com/resources/regulation/by_laws/Amended&RestatedBy-LawsBATSEx.pdf.
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Committees
    Currently, NYSE Arca Rule 3.2(a) sets forth general provisions for 
Options Committees. Specifically, NYSE Arca Rule 3.2(a)(8) states that 
any OTP Holder of the Exchange in good standing, Allied Person of an 
OTP Firm, or person from the public is eligible for appointment or 
election to Options Committees. The Chief Executive Officer (``CEO'') 
of the Exchange appoints eligible OTP Holders, Allied Persons of an OTP 
Firm, and persons from the public to the positions so allocated on 
Options Committees for a term of one year. Under NYSE Arca Rule 
3.2(a)(9), the CEO of the Exchange may designate one or more OTP 
Holders, an Allied Person of an OTP Firm, and persons from the public 
as alternate members of any Options Committee, who may replace any 
absent or disqualified member at any meeting of such committee.
    Current NYSE Arca Rule 3.2(b) sets forth provisions for three 
specific Options Committees: the Ethics and Business Conduct Committee 
(``EBCC''), the Nominating Committee, and the OTP Advisory Committee. 
First, under NYSE Arca Rule 3.2(b)(1), the EBCC is made up primarily of 
OTP Holders and Allied Persons of an OTP Firm. The EBCC is responsible 
for and has the authority to examine the business conduct and financial 
condition of OTP Holders, OTP Firms, and associated persons; conduct 
hearings and render decisions in summary disciplinary actions and 
proceedings; impose appropriate sanctions of expulsion, suspension, 
fine, censure or any other fitting sanctions where the EBCC finds that 
a violation within the disciplinary jurisdiction of the Exchange has 
been committed; and require the production of detailed financial 
reports of an OTP Holder or OTP Firm and such other operational reports 
as it may deem relevant. Second, under NYSE Arca Rule 3.2(b)(2), the 
Nominating Committee, which is made up of six OTP Holders, is 
responsible for nominating fair representation directors for election 
to the Exchange Board of Directors as described above. Third, under 
NYSE Arca Rule 3.2(b)(3), the OTP Advisory Committee is made up of OTP 
Holders and acts in an advisory capacity regarding rule changes related 
to disciplinary matters and trading rules.
    Current NYSE Arca Rule 3.3 sets forth provisions for the Board 
Appeals Committee, which is made up of the OTP Director(s), the ETP 
Director(s) and all of the Public Directors of the NYSE Arca Board of 
Directors. The Board Appeals Committee may appoint an Appeals Panel to 
conduct reviews of disciplinary proceedings or may decide to conduct 
review proceedings on its own.\14\ Under NYSE Arca Rule 3.3(a)(1)(B), 
if an Appeals Panel is appointed, it must include at least one public 
Director and at least one Director that is an OTP Holder or Allied 
Person of an OTP Firm.
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    \14\ See NYSE Arca Rule 10.8.
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    As proposed above with respect to the Board of Directors, the 
Exchange proposes to amend these provisions of NYSE Arca Rules 3.2 and 
3.3 so that Associated Persons of OTP Firms would be eligible for 
membership on the EBCC and Appeals Panels of the Board Appeals 
Committee and both Allied Persons and Associated Persons of OTP Firms 
would be eligible for membership on the Nominating Committee and OTP 
Advisory Committee. The Exchange believes that the current Rules are 
unnecessarily exclusive and that the Exchange would benefit by 
expanding the pool of eligible candidates for these positions.
    Permitting Allied Persons and Associated Persons of OTP Firms to 
serve in these positions also is consistent with the composition 
standards of at least five other SROs. For example, committees of 
FINRA's Board of Governors \15\ and FINRA appeals panels \16\ may 
include employees of broker-dealers. Other exchanges, including 
NYSE,\17\ NYSE MKT,\18\ NASDAQ,\19\ and BATS,\20\ have similar 
committee composition provisions that do not prohibit a broker-dealer 
employee to serve on committees and appeals panels. The proposed rule 
change would make the Exchange's committee composition requirements 
consistent with these other SROs by permitting Allied Persons and 
Associated Persons to serve on the above-referenced Exchange committees 
and panels.
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    \15\ See FINRA Bylaws, Article IX, supra note 11.
    \16\ See FINRA Bylaws, Article I(x) and (nn) and Article V, 
Section 5.2(a), supra note 11.
    \17\ See Article II, Section 2.03(h) of NYSE Operating 
Agreement, supra note 10.
    \18\ See Article II, Section 2.03(h) of the NYSE MKT Operating 
Agreement, supra note 10.
    \19\ See Bylaws of NASDAQ, Article I(j) and Article IV, Section 
4.13, supra note 12, which provide for the appointment of ``Industry 
Directors'' to committees.
    \20\ See Amended and Restated Bylaws of BATS, Article I(p) and 
Article V, Section 2, supra note 13, which provides for the 
appointment of ``Industry members'' to committees.
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Amendments to NYSE Arca Equities Rules
    The Exchange proposes to make parallel changes to the NYSE Arca 
Equities Rules. Neither the Certificate of Incorporation nor the Bylaws 
of NYSE Arca Equities restrict the eligibility of persons who can serve 
as a non-Public Director on the NYSE Arca Equities Board of Directors 
or on committees.\21\ However, provisions of NYSE Arca Equities Rules 
3.2 and 3.3 require certain Board and committee members to be ETP 
Holders \22\ or Allied Persons \23\ of ETP Holders. The Exchange 
proposes to expand the eligibility to serve in these Board and 
committee positions so that it includes ETP Holders, Allied Persons of 
ETP Holders, and Associated Persons \24\ of ETP Holders.
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    \21\ See NYSE Arca Equities Certificate of Incorporation and 
Sections 3.02, 4.01, and 4.02 of the NYSE Arca Equities Bylaws.
    \22\ ETP Holder means a sole proprietorship, partnership, 
corporation, limited liability company or other organization in good 
standing that has been issued an Equities Trading Permit. See NYSE 
Arca Equities Rule 1.1(n).
    \23\ An Allied Person is an individual who is (1) An employee of 
an ETP Holder who controls such firm, (2) an employee of an ETP 
Holder corporation who is a director or a principal executive 
officer of such corporation, (3) an employee of an ETP Holder 
limited liability company who is a manager or a principal executive 
officer of such limited liability company, or (4) a general partner 
in an ETP Holder partnership; each of these persons must be approved 
by NYSE Arca Equities as an Allied Person. See NYSE Arca Equities 
Rule 1.1(c).
    \24\ ``Associated Person'' is a broader term that means a person 
who is a partner, officer, director, member of a limited liability 
company, trustee of a business trust, employee of an ETP Holder or 
any person directly or indirectly controlling, controlled by or 
under common control with an ETP Holder. See NYSE Arca Equities Rule 
1.1(f).
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Board of Directors
    NYSE Arca Equities Rule 3.2 sets forth a process for the nomination 
and selection of fair representation directors. Specifically, NYSE Arca 
Equities Rule 3.2(b)(2)(C)(i) provides that the

[[Page 59997]]

Nominating Committee may nominate ETP Holders or persons affiliated 
with such ETP Holders to serve on the NYSE Arca Equities Board of 
Directors and ETP Holders or Allied Persons of ETP Holders to serve on 
the NYSE Arca Board of Directors. In addition, ETP Holders may submit a 
petition to NYSE Arca Equities to nominate additional eligible 
candidates for the NYSE Arca Equities and NYSE Arca Boards if certain 
requirements are met.
    The Exchange proposes to expand the eligibility for fair 
representation directors on the NYSE Arca Board to include Associated 
Persons of ETP Holders. As noted with respect to the proposed rule 
change to the NYSE Arca Rules, the Exchange believes that current NYSE 
Arca Equities Rule 3.2 is unnecessarily exclusive and that the Exchange 
would benefit by expanding the pool of candidates for these board seats 
to include all employees of ETP Holders. There may be employees of an 
ETP Holder who fall outside the definition of Allied Person whose 
experience would significantly benefit the boards of directors and the 
Exchange.
    Permitting Associated Persons of ETP Holders to serve on the boards 
of directors is consistent with the board composition standards of at 
least five other SROs. The Exchange's affiliates, NYSE and NYSE MKT do 
not restrict fair representation directors to trading permit holders or 
Allied Persons.\25\ In addition, other exchanges specifically authorize 
the industry representatives on their exchanges to include member firm 
employees, as noted above.\26\
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    \25\ See supra note 10.
    \26\ See supra notes 11-13.
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Committees
    Currently, NYSE Arca Equities Rule 3.2(a) sets forth general 
provisions for Equities Committees. Specifically, NYSE Arca Equities 
Rule 3.2(a)(8) states that any ETP Holder of NYSE Arca Equities in good 
standing, Allied Person of an ETP Holder, or person from the public is 
eligible for appointment or election to Equities Committees. The CEO of 
NYSE Arca Equities appoints eligible ETP Holders, Allied Persons of an 
ETP Holder, and persons from the public to the positions so allocated 
on Equities Committees for a term of one year. Under NYSE Arca Equities 
Rule 3.2(a)(9), the CEO of NYSE Arca Equities may designate one or more 
ETP Holders, an Allied Person of an ETP Holder, and persons from the 
public as alternate members of any Equities Committee, who may replace 
any absent or disqualified member at any meeting of such committee.
    Current NYSE Arca Equities Rule 3.2(b) sets forth provisions for 
three specific Equities Committees: The Business Conduct Committee 
(``BCC''), the Nominating Committee, and the Member Advisory Committee. 
First, under NYSE Arca Equities Rule 3.2(b)(1), the BCC is made up 
primarily of ETP Holders and Allied Persons of an ETP Holder. The BCC 
is responsible for and has the authority to examine the business 
conduct and financial condition of ETP Holders and associated persons; 
conduct hearings and render decisions in summary disciplinary actions 
and proceedings; impose appropriate sanctions of expulsion, suspension, 
fine, censure or any other fitting sanctions where the BCC finds that a 
violation within the disciplinary jurisdiction of NYSE Arca Equities 
has been committed; and require the production of detailed financial 
reports of an ETP Holder and such other operational reports as it may 
deem relevant. Second, under NYSE Arca Equities Rule 3.2(b)(2), the 
Nominating Committee, which is made up of six ETP Holders, is 
responsible for nominating fair representation directors for election 
to the boards of directors as described above. Third, under NYSE Arca 
Equities Rule 3.2(b)(3), the Member Advisory Committee acts in an 
advisory capacity regarding rule changes related to disciplinary 
matters and off-board trading rules.
    Current NYSE Arca Equities Rule 3.3 sets forth provisions for the 
Board Appeals Committee, which is made up of at least one public 
director and at least one director that is an ETP Holder or Allied 
Person of an ETP Holder. The Board Appeals Committee may conduct 
reviews of disciplinary proceedings.\27\
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    \27\ See NYSE Arca Equities Rule 10.8.
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    As proposed above with respect to the boards of directors, the 
Exchange proposes to amend these provisions of NYSE Arca Equities Rules 
3.2 and 3.3 so that Associated Persons of ETP Holders would be eligible 
for membership on the BCC, the Member Advisory Committee, and the Board 
Appeals Committee and both Allied Persons and Associated Persons of ETP 
Holders would be eligible for membership on the Nominating Committee. 
The Exchange believes that the current Rules are unnecessarily 
exclusive and that the Exchange would benefit by expanding the pool of 
eligible candidates for these positions.
    Permitting Allied Persons and Associated Persons of ETP Holders to 
serve in these positions also is consistent with the composition 
standards of at least five other SROs, as noted above.\28\ The proposed 
rule change would make NYSE Arca Equities' committee composition 
requirements consistent with these other SROs by permitting Allied 
Persons and Associated Persons to serve on the above-referenced NYSE 
Arca Equities committees.
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    \28\ See supra notes 15-20.
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2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with Section 6(b)(3) of the Act,\29\ which requires that the rules of 
an exchange assure a fair representation of its members in the 
selection of its directors and administration of its affairs and 
provide that one or more directors shall be representative of issuers 
and investors and not be associated with a member of the exchange, 
broker, or dealer. The Exchange believes that including Associated 
Persons in the eligibility requirements for boards and committees will 
better represent the interests of the membership because eligibility 
for positions will be expanded to a larger pool of appropriate 
candidates.
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    \29\ 15 U.S.C. 78f(b)(3).
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    The Exchange notes that the proposed rule change would not affect 
the number of fair representation candidates on the boards or any other 
aspect of the boards' composition or the remainder of the boards' 
nomination process. The proposed rule change also would not affect the 
provision that persons subject to a statutory disqualification under 
the Act could not serve on the Exchange's boards.
    The proposed rule change also furthers the objectives of Section 
6(b)(6) of the Act,\30\ because it provides for appropriate discipline 
for violations of Exchange rules and regulations. The Exchange believes 
it would benefit from the expansion of available candidates with 
industry knowledge that are eligible for membership on the Options and 
Equities Committees that are involved in reviewing disciplinary actions 
against OTP Holders, OTP Firms, and ETP Holders and advising on rule 
changes related to disciplinary matters and trading rules.
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    \30\ 15 U.S.C. 78f(b)(6).
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    In addition, the Exchange believes that the proposed rule change 
furthers the objectives of Section 6(b)(5) of the Act \31\ in that it 
is designed to prevent fraudulent and manipulative acts and practices, 
to promote just and equitable principles of trade, to foster 
cooperation

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and coordination with persons engaged in regulating, clearing, 
settling, processing information with respect to, and facilitating 
transactions in securities, 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. Specifically, 
the Exchange believes the proposed rule change would expand the pool of 
candidates eligible for membership on the boards and committees and 
thereby increase the breadth of industry knowledge that will be 
available to it, which benefits the public interest. In addition, the 
Exchange would foster cooperation and coordination with other exchanges 
by aligning the board and committee member composition requirements 
with at least five other SROs.\32\
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    \31\ 15 U.S.C. 78f(b)(5).
    \32\ See supra notes 10-13, 15-20.
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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.

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 45 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 or disapprove the 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 email to rule-comments@sec.gov. Please include 
File Number SR-NYSEArca-2012-103 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-NYSEARCA-2012-103. 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, on business days 
between the hours of 10 a.m. and 3 p.m., located at 100 F Street NE., 
Washington, DC 20549-1090. Copies of the filing will also be available 
for inspection and copying at the NYSE's principal office and on its 
Internet Web site at www.nyse.com. 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-NYSEARCA-2012-103 and should be submitted on or before 
October 22, 2012.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\33\
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    \33\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-24040 Filed 9-28-12; 8:45 am]
BILLING CODE 8011-01-P


