Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices 12637 

12 In 2009, the number of examinations 

administered and delivered by FINRA decreased by 

approximately 27 percent. Although examination 

volumes have increased modestly since that time, 

they have not returned to 2008 levels. 

13See Securities Exchange Act Release No. 64961 

(July 26, 2011), 76 FR 45883 (August 1, 2011) 

(Notice of Filing and Immediate Effectiveness of 

Proposed Rule Change; File No. SR–FINRA–2011– 

026). 

14 15 U.S.C. 78s(b)(3)(A). 

15 17 CFR 240.19b–4(f)(2). 

16 17 CFR 200.30–3(a)(12). 

1 15 U.S.C.78s(b)(1). 

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

maintenance of the PROCTOR system 

have increased and, based on current 

information, will continue to increase 

over the next few years. Specifically, 

FINRA has recently completed a 

significant technological upgrade of the 

PROCTOR system and is working on 

considerable enhancements to the 

software used to deliver examinations at 

testing centers, which is scheduled for 

operational release in 2013. These 

increased costs, coupled with the 

significant decrease in the number of 

examinations taken during the past 

three years,12 has caused a divergence in 

the fees and costs associated with the 

examination programs. 

To better align the fees and costs 

associated with the examination 

programs, FINRA is proposing a modest 

increase in examination fees. In this 

regard, FINRA notes that no 

examination fee will increase by more 

than $25 and the majority of 

examination fees will increase by only 

$10. Furthermore, to help control the 

overall costs of the qualification 

examination and Regulatory Element 

programs and thereby minimize fee 

increases, FINRA earlier this year 

instituted a fee for individuals who 

cancel or reschedule a qualification 

examination or Regulatory Element 

session three to 10 business days prior 

to the appointment date.13 This 

cancellation/rescheduling fee has 

helped to limit the amount of the 

proposed examination fee increases by 

allowing FINRA to (1) receive a lower 

examination delivery rate from one of 

its vendors, and (2) apply the revenue 

from the fee to help offset the expenses 

of the qualification examination 

programs. 

With respect to the proposed service 

charge for foreign test center Regulatory 

Element sessions, FINRA believes that 

the service charge is reasonable because 

it helps to offset the higher delivery 

costs associated with such sessions. 

Specifically, vendors charge FINRA 

higher fees for delivering Regulatory 

Element sessions in a foreign test center 

than they do for delivering such 

sessions in a U.S. test center. 

Accordingly, FINRA believes that the 

proposed qualification examination fee 

changes and the service charge for 

foreign test center Regulatory Element 

sessions are equitably allocated and 

reasonable. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

FINRA does not believe that the 

proposed rule change will result in 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 

Written comments were neither 

solicited nor received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The foregoing rule change has become 

effective pursuant to Section 19(b)(3)(A) 

of the Act 14 and paragraph (f)(2) of Rule 

19b–4 thereunder.15 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. If the 

Commission takes such action, the 

Commission shall institute proceedings 

to determine whether the proposed rule 

should be approved or 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 rulecomments@sec.gov. Please include File 

Number SR–FINRA–21012–009 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–FINRA–2012–009. 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 official business 

days between the hours of 10 a.m. and 

3 p.m. Copies of such filing also will be 

available for inspection and copying at 

the principal offices 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–FINRA–2012–009, and 

should be submitted on or before March 

22, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.16

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–4914 Filed 2–29–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66463; File No. SR– 

NYSEAMEX–2012–12] 

Self-Regulatory Organizations; NYSE 

Amex LLC; Notice of Filing of 

Proposed Rule Change Amending the 

NYSE Amex Equities Definition of 

Approved Person To Exclude Foreign 

Affiliates, Eliminating the Application 

Process for Approved Persons, and 

Making Related Technical and 

Conforming Changes 

February 24, 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 February 

14, 2012, NYSE Amex LLC (the 

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12638 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices 

4See 17 CFR 240.19g2–1. Under Rule 19g2–1, a 

national securities exchange is not required to 

enforce compliance, within the meaning of Section 

19(g) of the Act, with the Act and the rules and 

regulations thereunder, to [sic] with respect to 

persons associated with a member, other than 

securities persons or persons who control a 

member. Under Rule 19g2–1(b)(1), a ‘‘securities 

person’’ is defined as a ‘‘person who is a general 

partner or officer (or person occupying a similar 

status or performing similar functions) or employee 

of a member; provided, however, that a registered 

broker or dealer which controls, is controlled by, or 

is under common control with, the member and the 

general partners and officers (and persons 

occupying similar status or performing similar 

functions) and employees of such a registered 

broker or dealer shall be securities persons if they 

effect, directly or indirectly, transactions in 

securities through the member by use of facilities 

maintained or supervised by such exchange or 

association.’’ A foreign broker-dealer not registered 

in the United States that is under common control 

with an NYSE Amex member organization falls 

outside of the definition of ‘‘securities person.’’ 

‘‘Exchange’’ or ‘‘NYSE Amex’’) 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 selfregulatory organization. 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 the 

NYSE Amex equities [sic] definition of 

approved person to exclude foreign 

affiliates, eliminate the application 

process for approved persons, and make 

related technical and conforming 

changes. The text of the proposed rule 

change is available at the Exchange, the 

Commission’s Public Reference Room, 

and www.nyse.com. 

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 the 

NYSE Amex equities [sic] definition of 

approved person to exclude foreign 

affiliates, eliminate the application 

process for approved persons, and make 

related technical and conforming 

changes. Following approval of the 

proposed rule change, the Exchange will 

advise member organizations of the 

implementation date of the rule change 

via Information Memo. 

Background 

The current rules governing the 

definition of and application process for 

an approved person are NYSE Amex 

Equities Rules 2 and 304. If the 

definition requirements under NYSE 

Amex Equities Rule 2 are met, then the 

person or entity has to apply to the 

Exchange for approval to register as an 

approved person. This requirement is 

intended to bring certain affiliates of 

Exchange member organizations within 

the Exchange’s jurisdiction and to 

subject such affiliates’ activities to 

Exchange rules to the extent their 

activities are related to the activities of 

the member organization. 

NYSE Amex Equities Rule 2(c) 

defines the term ‘‘approved person’’ as 

‘‘a person, other than a member, 

principal executive or employee of a 

member organization, who controls a 

member organization or is engaged in a 

securities or kindred business that is 

controlled by or under common control 

with a member or member organization 

who has been approved by the Exchange 

as an approved person.’’ NYSE Amex 

Equities Rule 2(d) further defines 

‘‘person’’ to include not only natural 

persons, but also corporations, limited 

liability companies, partnerships, 

associations and other organized groups 

of persons. NYSE Amex Equities Rule 

2(e) defines the term ‘‘control’’ to mean 

the power to direct or cause the 

direction of management or policies, 

whether through ownership of 

securities, by contract or otherwise, and 

creates a rebuttable presumption of 

control if the person has a right to vote 

25 percent or more of the voting 

securities, is entitled to receive 25 

percent or more of the net profits, or is 

a director, general partner, or principal 

executive of the member organization. 

NYSE Amex Equities Rule 2(f) defines 

‘‘engage in a securities or kindred 

business’’ to mean transacting business 

as a broker or dealer in securities. Thus, 

the current definition of approved 

person includes a foreign affiliate of a 

member organization that is engaged in 

a broker-dealer business, but does not 

include, for example, a registered 

investment company. NYSE Amex 

Equities Rules 2A(e) and (f) further 

provide that the Exchange has 

jurisdiction after notice and a hearing to 

discipline approved persons in 

connection with the member 

organization’s business and has 

jurisdiction over any and all other 

functions of approved persons in 

connection with the member 

organization’s business in order for the 

Exchange to comply with its statutory 

obligation as a self-regulatory 

organization (‘‘SRO’’). 

NYSE Amex Equities Rules 304 and 

311(a) require, with limited exceptions, 

that persons who meet the NYSE Amex 

Equities Rule 2(c) definition of an 

approved person must apply for 

approval by the Exchange as an 

approved person. NYSE Amex Equities 

Rule 304 further provides that no person 

may become or remain an approved 

person unless such person meets the 

standards prescribed in the Exchange’s 

rules, and it prescribes the process that 

an applicant must follow to become an 

approved person. Among other things, 

this process involves submission to the 

Exchange of a completed Form AP–1 (in 

the case of a corporation or other legal 

entity) or Forms AD–G 2 and AD–G 3 

(in the case of a natural person, 

collectively referred to as ‘‘AD–G’’), and 

other pertinent information regarding 

the candidate for approval. By executing 

the Form AP–1 or AD–G, as applicable, 

the approved person affirmatively 

consents to the Exchange’s jurisdiction. 

Proposed Rule Change 

The Exchange proposes to amend the 

definition of approved person in NYSE 

Amex Equities Rule 2 to revise the 

definition of which entities are deemed 

to be under ‘‘common control’’ with a 

member organization. The Exchange 

believes that the current definition, 

which includes certain foreign affiliates, 

is overbroad and it is unnecessary to 

assert jurisdiction over a foreign affiliate 

of a member organization that does not 

control a member organization. The 

Exchange notes that excluding such 

foreign affiliates from its jurisdiction 

would be consistent with Rule 19g2–1 

under the Securities Exchange Act of 

1934, as amended (the ‘‘Act’’), which 

provides that an exchange is not 

required to enforce compliance with its 

rules against certain persons; 4 the 

Exchange has not identified a rule of 

any other SRO that asserts jurisdiction 

over a foreign affiliate under common 

control with a member of that SRO. As 

such, the Exchange proposes to amend 

the definition of approved person so 

that it would include any person, other 

than a member, principal executive or 

employee of a member organization, 

who controls a member organization, is 

engaged in a securities or kindred 

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Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices 12639 

5The Exchange does not believe any amendment 

to NYSE Amex Equities Rules 22, 91, 96, 112, 422, 

410A, or 460 is necessary as a result of the proposed 

rule change; the Exchange believes such Rules 

would continue to be consistent with the 

requirements of the Exchange Act and the manner 

in which such they address potential conflicts of 

interest is appropriate under the circumstances. 

6Prospective member organization applicants 

must be either a member of FINRA or, if the 

applicant does not transact business with public 

customers or conduct business on the Floor of the 

Exchange, a member of another registered securities 

exchange, before being approved as an Exchange 

member organization. See NYSE Amex Equities 

Rule 2(b)(i). Generally, FINRA or the other 

exchange already is, or will be, designated as the 

DEA under SEC Rule 17d–1 and the Exchange will 

not be designated as such. Currently, the Exchange 

is not the DEA for any of its member organizations, 

but if it were designated as the DEA, the Exchange 

has retained FINRA to perform services related to 

meeting the Exchange’s DEA responsibilities for a 

member organization. 

7For example, the rules of FINRA and The 

NASDAQ Stock Market, Inc. do not impose 

application and approval requirements on member 

affiliates. See also note 9, infra. 

8The Exchange proposes to eliminate the text in 

current Rule 304(e)(1), which requires an approved 

person to supply information concerning its 

relationship with the member organization. This 

provision relates to information required to be 

submitted on Form AP–1 or AD–G, and as such it 

is not necessary to retain it in proposed Rule 304. 

9The Exchange notes that FINRA is in the process 

of harmonizing legacy NASD and NYSE Rules, and 

has published a proposal to harmonize membership 

rules. See FINRA Regulatory Notice 10–01. While 

FINRA has proposed that a member firm be 

required to provide certain information about 

affiliates, FINRA has not proposed to adopt the 

approved person definition or application process, 

or assert jurisdiction over such persons. When 

FINRA completes that harmonization process for 

the membership rules, the Exchange will consider 

whether further amendments to its approved person 

rules are advisable. Until such time, the Exchange 

believes that the narrowing of the approved person 

definition and the elimination of the approved 

person application process will remove 

unnecessary complexities and excessive 

informational requirements and thereby reduce 

burdens on membership applicants and member 

organizations while still maintaining high 

regulatory standards consistent with the Act. 

10See SR–NYSE–2012–06. 

business that is controlled by a member 

or member organization, or is a U.S. 

registered broker-dealer under common 

control with a member organization. 

By changing the definition of 

approved person to exclude certain 

foreign affiliates, the Exchange does not 

intend to eliminate certain controls in 

Exchange rules related to potential 

conflicts of interest associated with 

having a foreign affiliate under common 

control with a member organization. 

Accordingly, the Exchange proposes 

several amendments to its Rules. First, 

the Exchange proposes to amend NYSE 

Amex Equities Rule 22 to provide that 

a member of certain NYSE boards and 

committees may not participate in the 

consideration of any matter if there are 

certain types of indebtedness between 

the board or committee member and a 

member organization’s affiliate or other 

related parties. Second, the Exchange 

proposes to amend NYSE Amex Equities 

Rule 98A, which provides that no 

issuer, or partner or subsidiary thereof, 

may become an approved person of a 

Designated Market Maker (‘‘DMM’’) unit 

that is registered in the stock of that 

issuer, to provide instead that a DMM 

unit may not be registered in a stock of 

an issuer, or a partner or subsidiary 

thereof, if such entity is either an 

approved person or an affiliate of the 

DMM unit’s member organization. 

Finally, the Exchange proposes to 

amend Supplementary Material .30(c) of 

Rule 402 to provide that when securities 

are callable in part under the Rule, a 

member organization may not allocate 

any called securities to the account of 

an affiliate until all customer positions 

have been satisfied.5

The Exchange also proposes to amend 

its rules to remove the requirement that 

the Exchange affirmatively approve each 

application to become an approved 

person. If a person meets the definition 

of an approved person, as proposed, the 

Exchange will obtain jurisdiction by 

consent as described below. The 

Exchange believes that the current 

application process requires the 

submission of a substantial amount of 

information and documents related to 

member organization affiliates that is 

unnecessary to carry out the Exchange’s 

regulatory responsibilities. In particular, 

because the Exchange is no longer the 

Designated Examining Authority 

(‘‘DEA’’) for Exchange member 

organizations,6 the Exchange does not 

believe that it needs to engage in a 

detailed financial review of approved 

persons of its member organization 

applicants. The Exchange further notes 

that other SROs do not require that such 

persons undergo such an application 

and approval process.7 The Exchange, 

therefore, proposes to remove all 

references to an approval process and 

the submission of an application for 

such approval from NYSE Amex 

Equities Rules 304, 308, and 311. The 

Exchange also would eliminate use of 

the Forms AP–1 and AD–G. 

Nevertheless, the Exchange’s 

jurisdiction over approved persons in 

accordance with the revised definition 

would remain. Thus, the Exchange 

proposes to amend NYSE Amex Equities 

Rule 304 to provide specifically that a 

member organization would be required 

to identify all of its approved persons to 

the Exchange and each such approved 

person would continue to be required to 

consent to the Exchange’s jurisdiction. 

Specifically, an approved person would 

continue to have to agree to (i) inform 

the Exchange of any statutory 

disqualification of the approved person 

under Section 3(a)(39) of the Act, (ii) 

abide by the Rules of the Exchange 

relating to approved persons, and (iii) 

permit examination by the Exchange, or 

any person designated by it, of its books 

and records to verify the accuracy of the 

information required to be supplied 

under Exchange Rules.8

The focus on identification of 

approved persons by each member 

organization and consent to jurisdiction 

by each approved person, instead of 

review and approval of applications by 

the Exchange, would make the entire 

process more efficient while 

maintaining appropriate regulatory 

standards. The proposed rule change 

would remove unnecessary paperwork 

in the process while holding each 

member organization accountable for 

identifying to the Exchange its affiliates 

and approved persons. The remaining 

jurisdictional requirements for approved 

persons would enable the Exchange to 

continue to pursue matters involving or 

affecting its member organizations.9

The Exchange also proposes to make 

technical and conforming changes to 

other rules that reference the approved 

person application process. The 

Exchange further proposes to make 

technical amendments to correct an 

error in the spelling of ‘‘principal 

executive,’’ which is spelled ‘‘principle 

executive’’ in NYSE Amex Rule 476A 

and NYSE Amex Equities Rules 308, 

410A, 422, and 460. In addition, 

because the Exchange does not have an 

approval process or qualification 

examination requirements for principal 

executives, the Exchange proposes to 

delete references to ‘‘principle 

executive’’ from NYSE Amex Equities 

Rules 304 and 304A. The Exchange 

notes that these proposed changes are 

consistent with similar amendments to 

NYSE Rules 304 and 304A.10

The focus on identification of 

approved persons by each member 

organization and consent to jurisdiction 

by each approved person, instead of 

review and approval of applications by 

the Exchange, would make the entire 

process more efficient while 

maintaining appropriate regulatory 

standards. The proposed rule change 

would remove unnecessary paperwork 

in the process while holding each 

member organization accountable for 

identifying to the Exchange its affiliates 

and approved persons. The remaining 

jurisdictional requirements for approved 

persons would enable the Exchange to 

mstockstill on DSK4VPTVN1PROD with NOTICES

12640 Federal Register / Vol. 77, No. 41 / Thursday, March 1, 2012 / Notices 

11The Exchange notes that FINRA is in the 

process of harmonizing legacy NASD and NYSE 

Rules, and has published a proposal to harmonize 

membership rules. See FINRA Regulatory Notice 

10–01. While FINRA has proposed that a member 

firm be required to provide certain information 

about affiliates, FINRA has not proposed to adopt 

the approved person definition or application 

process, or assert jurisdiction over such persons. 

When FINRA completes that harmonization process 

for the membership rules, the Exchange will 

consider whether further amendments to its 

approved person rules are advisable. Until such 

time, the Exchange believes that the narrowing of 

the approved person definition and the elimination 

of the approved person application process will 

remove unnecessary complexities and excessive 

informational requirements and thereby reduce 

burdens on membership applicants and member 

organizations while still maintaining high 

regulatory standards consistent with the Act. 

12See SR–NYSE–2011–02. 

13 15 U.S.C. 78f(b). 

14 15 U.S.C. 78f(b)(5). 15 17 CFR 200.30–3(a)(12). 

continue to pursue matters involving or 

affecting its member organizations.11

The Exchange also proposes to make 

technical and conforming changes to 

other rules that reference the approved 

person application process. The 

Exchange further proposes to make 

technical amendments to correct an 

error in the spelling of ‘‘principal 

executive,’’ which is spelled ‘‘principle 

executive’’ in NYSE Amex Rule 476A 

and NYSE Amex Equities Rules 308, 

410A, 422, and 460. In addition, the 

Exchange proposes to delete ‘‘principle 

executive’’ from NYSE Amex Equities 

Rules 304 and 304A for consistency 

with similar amendments to NYSE 

Rules 304 and 304A.12

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) 13 of the 

Act, in general, and furthers the 

objectives of Section 6(b)(5) 14 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, 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. More specifically, the 

Exchange believes that the proposed 

approved person definition and consent 

to jurisdiction process would remove 

unnecessary complexities and excessive 

informational requirements and create a 

more efficient and less burdensome 

process for membership applicants and 

member organizations while 

maintaining appropriate regulatory 

standards. As such, the proposed rule 

change would contribute to removing 

impediments to and perfecting the 

mechanism of a free and open market 

and a national market system. 

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 rulecomments@sec.gov. Please include File 

Number SR–NYSEAmex–2012–12 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–NYSEAmex–2012–12. 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 20549–1090, on official 

business days between the hours of 

10 a.m. and 3 p.m. 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– 

NYSEAmex–2012–12 and should be 

submitted on or before March 22, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–4912 Filed 2–29–12; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

Revocation of License of Small 

Business Investment Company 

Pursuant to the authority granted to 

the United States Small Business 

Administration by the Wind-Up Order 

of the United States District Court of the 

Western District of Kentucky, Louisville 

Division, dated July 11, 2011, the 

United States Small Business 

Administration hereby revokes the 

license of Prosperitas Investment 

Partners, L.P. a Kentucky limited 

partnership, to function as a small 

business investment company under the 

Small Business Investment Company 

License No. 04/74–0283 issued to 

Prosperitas Investment Partner, L.P., on 

June 29, 2000 and said license is hereby 

declared null and void as of July 11, 

2011. 

mstockstill on DSK4VPTVN1PROD with NOTICES