Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices 9723 

16Under Commentary .02 to NYSE Arca Options 

Rule 6.77, a ‘‘trade may be nullified if all parties 

to the trade agree to the nullification,’’ and when 

‘‘all parties to a trade have agreed to a trade 

nullification, one party must promptly notify the 

Exchange for dissemination of cancellation 

information to the Options Price Reporting 

Authority.’’ 

17 15 U.S.C. 78f(b). 

18 15 U.S.C. 78f(b)(5). 

19 15 U.S.C. 78s(b)(3)(A). 

20 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) 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 the five-day prefiling requirement. 

21For 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). 22 17 CFR 200.30–3(a)(12). 

trading interest. The Exchange notes 

that Market Makers have asked for this 

functionality to prevent them from 

inadvertently trading with their own 

interest. In such a situation, the firms 

ask the Exchange to nullify the trades, 

which they are permitted to do under 

the Exchange’s rules because they are on 

both sides of the trades.16 While the 

proposed Self-Trade Prevention 

functionality would prevent inadvertent 

self-trading, the Exchange notes that the 

functionality would also prevent 

intentional self-trading. In this regard, 

the proposed rule change provides a 

means to prevent manipulative conduct 

such as ‘‘wash trading.’’ 

Presently, the Exchange is proposing 

that Self-Trade Prevention be applicable 

only for Market Makers. The Exchange 

has made this decision because Market 

Makers are the most likely market 

participants to execute against their own 

trading interest. The Exchange may 

propose to expand the Self-Trade 

Prevention functionality to other OTP 

Holders and OTP Firms in the future, 

subject to being in a position to 

implement the functionality in a 

manner consistent with a firm’s agency 

responsibilities to its customer orders. 

Accordingly, the Exchange believes that 

the proposed rule change is not 

designed to permit unfair 

discrimination. 

For the reasons set forth above, the 

Exchange believes that the proposed 

rule change is consistent with Section 

6(b) of the Securities Exchange Act of 

1934 (the ‘‘Act’’),17 in general, and 

furthers the objectives of Section 6(b)(5) 

of the Act,18 in particular. 

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 

Because the foregoing proposed rule 

change does not significantly affect the 

protection of investors or the public 

interest, does not impose any significant 

burden on competition, and, by its 

terms, does not become operative for 30 

days from the date on which it was 

filed, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 19 and Rule 19b– 

4(f)(6) thereunder.20

The Exchange has requested that the 

Commission waive the 30-day operative 

delay. The Commission believes that 

waiver of the operative delay is 

consistent with the protection of 

investors and the public interest 

because the proposal will provide a tool 

for Exchange market makers to better 

manage their trading interest and 

provide a means to prevent 

manipulative conduct such as ‘‘wash 

trading.’’ Therefore, the Commission 

designates the proposal operative upon 

filing.21

At any time within 60 days of the 

filing of the 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 rulecomments@sec.gov. Please include File 

Number SR–NYSEArca-2012–08 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–2012–08. 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 

a.m. and 3 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– 

NYSEArca-2012–08 and should be 

submitted on or before March 9, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.22

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–3739 Filed 2–16–12; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice: 7802] 

Department of State Performance 

Review Board Members 

In accordance with section 4314(c)(4) 

of 5 United States Code, the Department 

of State has appointed the following 

individuals to the Department of State 

Performance Review Board for Senior 

mstockstill on DSK4VPTVN1PROD with NOTICES

9724 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices 

Executive Service members: Lois E. 

Quam, Chairperson, Executive Director 

for the Global Health Initiative, Office of 

the Secretary, Department of State; 

Frank A. Rose, Deputy Assistant 

Secretary, Bureau of Arms Control, 

Verification and Compliance, 

Department of State; Sharon L. 

Waxman, Senior Advisor, Office of the 

Under Secretary for Civilian Security, 

Democracy, and Human Rights, 

Department of State. 

Dated: February 13, 2012. 

Steven A. Browning, 

Acting Director General of the Foreign Service 

and Director of Human Resources, 

Department of State. 

[FR Doc. 2012–3788 Filed 2–16–12; 8:45 am] 

BILLING CODE 4710–15–P 

OFFICE OF THE UNITED STATES 

TRADE REPRESENTATIVE 

Request for Petitions To Modify the 

Rules of Origin Under the Dominican 

Republic—Central America—United 

States Free Trade Agreement 

AGENCY: Office of the United States 

Trade Representative. 

ACTION: Notice of opportunity to file 

petitions requesting changes to the nontextile and non-apparel products rules 

of origin under the Dominican 

Republic—Central America—United 

States Free Trade Agreement (‘‘the 

Agreement’’ or ‘‘CAFTA–DR’’). 

SUMMARY: This notice solicits proposals 

on appropriate changes that USTR 

should consider for modifying the 

CAFTA–DR’s rules of origin under 

Article 4.14 of the Agreement. 

DATES: Public comments are due at 

USTR by close of business, April 17, 

2012. 

ADDRESSES: Submissions via on-line: 

http://www.regulations.gov. For 

alternatives to on-line submissions 

please contact Kent Shigetomi at (202) 

395–9459. 

FOR FURTHER INFORMATION CONTACT: Kent 

Shigetomi, Director for Mexico, NAFTA, 

and the Caribbean, at (202) 395–9459. 

SUPPLEMENTARY INFORMATION: On 

January 23, 2012, the CAFTA–DR Free 

Trade Commission (‘‘FTC’’ or ‘‘the 

Commission’’), the plurilateral 

ministerial-level body responsible for 

supervising the implementation of the 

CAFTA–DR, agreed to consider 

modifying the rules of origin established 

in the Agreement, particularly in light of 

more recent free trade agreements. The 

CAFTA–DR requires each government 

to provide preferential tariff treatment to 

goods that meet the Agreement’s origin 

rules. In the United States, those rules 

are implemented through the 

Dominican Republic—Central 

America—United States Free Trade 

Agreement Implementation Act (Public 

Law 109–53, 119 Stat. 462) (19 U.S.C. 

4011(a) (‘‘the Act’’)). Under the Act, 

goods imported into the United States 

qualify for preferential treatment if they 

meet the requirements of the general 

CAFTA–DR rules of origin set out in 

section 203 of the Act and the CAFTA– 

DR product-specific rules set out in the 

Harmonized Tariff System. The 

Agreement allows the Parties to amend 

the Agreement’s origin rules as they 

deem appropriate. Section 203(o)(3) of 

the Act authorizes the President to 

proclaim modifications to the CAFTA– 

DR product-specific origin rules set 

forth in the HTS, subject to the 

consultation and layover provisions of 

section 104 of the Act. 

Additional Information: The United 

States and the other CAFTA–DR Parties 

have not yet decided whether to make 

changes to the Agreement’s rules of 

origin and, if such changes were made, 

what the scope or extent of such 

changes should be. The United States 

and the other CAFTA–DR Parties expect 

to take into account several factors in 

considering whether to make such 

changes, including: (1) The extent that 

any such changes may reduce 

transaction and manufacturing costs or 

increase trade among the Parties; (2) the 

feasibility of devising, implementing, 

and monitoring new rules of origin; and 

(3) the level and breadth of interest that 

manufacturers, processors, traders, and 

consumers in the Parties express for 

making particular changes. The Parties 

expect to make only those changes that 

are broadly supported by stakeholders 

in all countries. 

Requirements for Comments/ 

Proposals: Submitters should indicate 

whether they have discussed their 

proposals with representatives of the 

relevant sector in the other Parties and, 

if such discussions have taken place, the 

result of those discussions. Submissions 

should indicate if representatives of the 

relevant sector in the other Parties do 

not support the proposal. USTR 

encourages interested parties to 

consider submitting proposals jointly 

with interested parties in the other 

Parties. 

Scope and Coverage of Proposals: 

USTR encourages interested parties to 

review the broadest appropriate range of 

items and to submit proposals that 

reflect a consensus reached after such a 

broad-based review. A single proposal 

can thus include requests covering 

multiple tariff headings. Proposals 

should cover entire 8-digit tariff 

subheadings, and may also be submitted 

at the 6, 4, or 2 digit level where the 

intent is to cover all subsidiary tariff 

lines. 

Requirements for Submissions: 

Persons submitting written comments 

must do so in English and must identify 

(on the first page of the submission) 

‘‘CAFTA–DR Rules of Origin.’’ In order 

to be assured of consideration, 

comments should be submitted by noon, 

[60 days after publication]. 

In order to ensure the timely receipt 

and consideration of comments, USTR 

strongly encourages commenters to 

make on-line submissions, using the 

http://www.regulations.gov Web site. 

Comments should be submitted under 

the following docket: USTR–2012–0002. 

To find the docket, enter the docket 

number in the ‘‘Enter Keyword or ID’’ 

window at the http:// 

www.regulations.gov home page and 

click ‘‘Search.’’ The site will provide a 

search-results page listing all documents 

associated with this docket. Find a 

reference to this notice by selecting 

‘‘Notices’’ under ‘‘Document Type’’ on 

the search-results page, and click on the 

link entitled ‘‘Submit a Comment.’’ (For 

further information on using the 

www.regulations.gov Web site, please 

consult the resources provided on the 

Web site by clicking on the ‘‘Help’’ tab.) 

The http://www.regulations.gov Web 

site provides the option of making 

submissions by filling in a comments 

field, or by attaching a document. USTR 

prefers submissions to be provided in an 

attached document. If a document is 

attached, it is sufficient to type ‘‘See 

attached’’ in the ‘‘Type Comment’’ and 

attach a file in the ‘‘Upload File(s)’’ 

field. USTR also prefers submissions in 

Microsoft Word (.doc) or Adobe Acrobat 

(.pdf). If the submission is in an 

application other than those two, please 

indicate the name of the application in 

the ‘‘Comments’’ field. 

A person seeking to request that 

information contained in a submission 

from that person be treated as business 

confidential information must certify 

that such information is business 

confidential and would not customarily 

be released to the public by the 

submitter. For any comments submitted 

electronically containing business 

confidential information, the file name 

of the business confidential version 

should begin with the characters ‘‘BC.’’ 

Confidential business information must 

be clearly designated as such. The 

submission must be marked ‘‘BUSINESS 

CONFIDENTIAL’’ at the top and bottom 

of the cover page and each succeeding 

page, and the submission should 

indicate, via brackets, the specific 

information that is confidential. 

mstockstill on DSK4VPTVN1PROD with NOTICES