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

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

2 17 CFR 240.19b–4. 

3The 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. 

4The 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. 

5The 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 


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