### 42807 Federal Register / Vol. 78, No. 137 / Wednesday, July 17, 2013 / Notices

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

2 17 CFR 240.19b–4. 3 The Exchange has a Common Customer Gateway (‘‘CCG’’) that accesses the equity trading systems that it shares with its affiliates, New York Stock Exchange LLC (‘‘NYSE’’) and NYSE Arca, Inc. (‘‘NYSE Arca’’), and all ports connect to the CCG. See, e.g., Securities Exchange Act Release No. 64543 (May 25, 2011), 76 FR 31667 (June 1, 2011) (SR–NYSEAmex–2011–20). All NYSE MKT member organizations are also NYSE member organizations and, accordingly, a member organization utilizes its ports for activity on both NYSE and/or NYSE MKT and is charged port fees based on the total number of ports connected to the CCG, whether the ports are used to quote and trade on NYSE, NYSE MKT, and/or both, because those trading systems are integrated. The NYSE Arca trading platform is not integrated in the same manner. Therefore, it does not share its ports with NYSE or NYSE MKT.

4 The Exchange notes that billing for ports is based on the number of ports on the third business day prior to the end of the month. In addition, the level of activity with respect to a particular port does not affect the assessment of monthly fees, such that, except for ports that are not charged, even if a particular port is not used, a port fee still applies.

5 The Price List provides that (i) users of the Exchange’s Risk Management Gateway service (‘‘RMG’’) are not charged for order/quote entry ports if such ports are designated as being used for RMG purposes, and (ii) Designated Market Makers (‘‘DMMs’’) are not charged for order/quote entry ports that connect to the Exchange via the DMM Gateway. See Securities Exchange Act Release No. 68261 (November 19, 2012), 77 FR 70522 (November 26, 2012) (SR–NYSEMKT–2012–64). Two methods are available to DMMs to connect to the Exchange: DMM Gateway and CCG. The two methods are quite distinct, however. Only DMMs may utilize the DMM Gateway, and they may only use DMM Gateway when acting in their capacity as a DMM. DMMs are required to use the DMM Gateway for certain DMM-specific functions that relate to the DMM’s role on the Exchange and the obligations attendant therewith, which are not applicable to other market participants on the Exchange. By contrast, non-DMMs as well as DMMs may use the CCG, use of the CCG by a DMM is optional, and a DMM that connects to the Exchange via CCG can use the relevant order/quote entry port for orders and quotes both in its capacity as a DMM and for orders and quotes in other securities. Accordingly, because DMMs are required to utilize DMM Gateway, but not CCG, to be able to fulfill their functions as DMMs, DMMs are not charged for order/quote entry ports that connect to the Exchange via the DMM Gateway, but DMMs, like other market participants, are charged for order/ entry ports that connect to the Exchange via the CCG. DMMs can elect to use the DMM Gateway, the CCG, or both for their connectivity to the Exchange. However, the DMM Gateway must be used for certain DMM-specific functions that relate to the DMM’s role on the Exchange and the obligations attendant therewith. Wrin

Dated: June 28, 2013. David S. Ferriero, Archivist of the United States.
[FR Doc. 2013–17136 Filed 7–16–13; 8:45 am]

**BILLING CODE 7515–01–P**

**NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES** 

**SES Performance Review Board**

**AGENCY :**  National Endowment for the
Arts.

**ACTION :**  Notice.

**SUMMARY :**  Notice is hereby given of the names of members of the Performance Review Board for the National Endowment for the Arts. This notice supersedes all previous notices of the PRB membership of the Agency.

**DATES :**  Upon publication.

**FOR FURTHER INFORMATION CONTACT :**  Craig McCord Sr., Director of Human Resources, National Endowment for the Arts, 1100 Pennsylvania Avenue NW., Room 223, Washington, DC 20506, (202)

682–5473.

**SUPPLEMENTARY INFORMATION :**  See 4314 (c)(1) through (5) of Title 5, U.S.C., requires each agency to establish, in accordance with regulations prescribed by the Office of Personnel Management, one or more SES Performance Review Boards. The Board shall review and evaluate the initial appraisal of a senior executive’s performance by the supervisor, along with any response by the senior executive, and make recommendations to the appointing authority relative to the performance of the senior executive.

The following persons have been selected to serve on the Performance Review Board of the National Endowment for the Arts (NEA): Winona Varnon—Deputy Chairman for

Management and Budget Sunil Iyengar—Director, Research &

Analysis
William O’Brien—Senior Advisor for

Program Innovation

Kathy Plowitz-Worden, Panel Coordinator, National Endowment for the Arts.
[FR Doc. 2013–17110 Filed 7–16–13; 8:45 am]

**BILLING CODE P SECURITIES AND EXCHANGE**  **COMMISSION**

**[Release No. 34–69974; File No. SR– NYSEMKT–2013–55]** 

**Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and**  **Immediate Effectiveness of Proposed Rule Change Amending Its Price List**  **To Change the Monthly Fees for the Use of Certain Ports** 

July 11, 2013.

Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (‘‘Act’’) 1 and Rule 19b–4 thereunder, 2 notice is hereby given that, on June 28, 2013, NYSE MKT LLC (the ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I, II, and III 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 its Price List to change the monthly fees for the use of certain ports. The Exchange proposes to implement the fee changes on July 1, 2013. 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 Statutory Basis for, the Proposed Rule Change
1. Purpose

The Exchange proposes to amend its Price List to change the monthly fees for the use of certain ports. 3 The Exchange proposes to implement the fee changes on July 1, 2013. 4

The Exchange currently makes ports available that provide connectivity to the Exchange’s trading systems (i.e., ports for entry of orders and/or quotes (‘‘order/quote entry ports’’)) and charges $200 per port per month. 5 The Exchange proposes that the $200 fee per port per month would apply to users with five or fewer order/quote entry ports and that the fee for users with more than five order/quote entry ports would be $500 per port per month, including for the