23536 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Notices 

14 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 17 CFR 240.19b–4(f)(6). 

4An Auction-Only Order is executable during the 

next auction following entry of the order. If the 

order is not executed in the auction, the balance is 

cancelled. An Auction-Only Order is only available 

for auctions that take place on the Exchange. 

Auction-Only Orders are not routed to other 

exchanges and are cancelled where the next auction 

after entry of the order is cancelled or does not 

occur. An Auction-Only Order may not be 

designated as good until cancelled. 

5The Market Order Auction is described in NYSE 

Arca Equities Rule 7.35(c). 

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–2012–30 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–2012–30. 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–2012–30 and 

should be submitted on or before May 

10, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–9409 Filed 4–18–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66811; File No. SR– 

NYSEArca–2012–29] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending NYSE Arca 

Equities Rule 7.31(t) To Provide for 

Limit-on-Open Orders and Market-onOpen Orders 

April 13, 2012. 

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 April 3, 

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 and II 

below, which Items have been prepared 

by the Exchange. The Exchange has 

designated the proposed rule change as 

constituting a rule change under Rule 

19b–4(f)(6) under the Act,3 which 

renders the proposal effective upon 

filing with the Commission. 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 

NYSE Arca Equities Rule 7.31(t) to 

provide for Limit-on-Open Orders 

(‘‘LOO Orders’’) and Market-on-Open 

Orders (‘‘MOO Orders’’). The text of the 

proposed rule change is available at the 

Exchange, www.nyse.com, and 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 

NYSE Arca Equities Rule 7.31(t) to 

provide for LOO and MOO Orders. 

NYSE Arca Equities Rule 7.31(t) 

currently provides for Auction-Only 

Orders, which are limit or market orders 

that are only executed within an 

auction.4 As proposed, LOO and MOO 

Orders would be defined under NYSE 

Arca Equities Rule 7.31(t)(1) and (2), 

respectively, as specific types of 

Auction-Only Orders. More specifically, 

a LOO Order would be defined as an 

Auction-Only Limit Order that is to be 

executed only during the Market Order 

Auction, which is the auction that 

opens the Core Trading Session on the 

Exchange for Exchange-listed 

securities.5 Any portion of a LOO Order 

that remains unfilled after completion of 

the Market Order Auction would be 

cancelled. A MOO Order would be 

defined as an Auction-Only Market 

Order that is to be executed only during 

the Market Order Auction. As with LOO 

Orders, any portion of a MOO Order 

that remains unfilled after completion of 

the Market Order Auction would be 

cancelled. MOO and LOO orders would 

not participate in the Opening Auction, 

as defined in NYSE Arca Equities Rule 

7.35(b), the Closing Auction, as defined 

in NYSE Arca Equities Rule 7.35(e), or 

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Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Notices 23537 

6See Securities Exchange Act Release No. 58936 

(November 13, 2008), 73 FR 69704 (November 19, 

2008) (SR–NYSE–2008–117). 

7The Exchange also proposes to remove 

duplicative text from NYSE Arca Equities Rule 

7.35(c)(3)(A)(4). 

8 15 U.S.C. 78f(b). 

9 15 U.S.C. 78f(b)(5). 

10See NASDAQ Stock Market LLC (‘‘NASDAQ’’) 

Rule 4752(a)(3) and (4), which define ‘‘Limit On 

Open Order’’ and ‘‘Market On Open Order,’’ 

respectively. See also BATS Exchange, Inc. 

(‘‘BATS’’) Rule 11.23(a)(14) and (16), which define 

‘‘Limit-On-Open’’ orders and ‘‘Market-On-Open’’ 

orders, respectively. 

11 15 U.S.C. 78s(b)(3)(A). 

12 17 CFR 240.19b–4(f)(6). 

Trading Halt Auctions, as defined in 

NYSE Arca Equities Rule 7.35(f). 

The Exchange also proposes the 

following technical amendments to 

NYSE Arca Equities Rule 7.35(c): 

• First, the Exchange proposes to 

remove certain text from NYSE Arca 

Equities Rule 7.35(c) that crossreferences New York Stock Exchange 

(‘‘NYSE’’) Rule 123D and NYSE-listed 

securities subject to a sub-penny trading 

condition, which was previously 

described within NYSE Rule 123D(3). 

NYSE has removed this text from NYSE 

Rule 123D and eliminated the subpenny trading condition in its entirety.6

The proposed removal of the crossreference would therefore remove 

obsolete text from NYSE Arca Equities 

Rule 7.35(c). 

• Second, the Exchange proposes to 

specify that, for purposes of NYSE Arca 

Equities Rule 7.35(c), and unless stated 

otherwise, references to Market Orders 

include Auction-Only Market Orders. 

This proposed change would add 

greater specificity regarding the 

handling of Auction-Only Market 

Orders, including MOO Orders, during 

the Market Order Auction. 

• Third, the Exchange proposes to 

delete duplicative text from NYSE Arca 

Equities Rule 7.35(c) describing that, 

after the first opening print on the 

primary market, all Market Orders and 

Limit Orders are processed pursuant to 

NYSE Arca Equities Rule 7.37. 

• Finally, the Exchange proposes to 

specify in NYSE Arca Equities Rule 

7.35(c)(3)(A)(3) that only Market Orders 

that are eligible for both the Market 

Order Auction and the Core Trading 

Session, but are not executed in the 

Market Order Auction, become eligible 

for execution in the Core Trading 

Session immediately upon conclusion 

of the Market Order Auction.7 This 

proposed change would add greater 

specificity regarding the handling of 

certain Market Orders, like MOO 

Orders, that are not eligible for the Core 

Trading Session. 

Because of the related technology 

changes that this proposed rule change 

would require, the Exchange proposes 

to announce the date on which LOO and 

MOO Orders would be available via 

Trader Update. 

2. Statutory Basis 

The proposed rule change is 

consistent with Section 6(b) of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’),8 in general, and furthers the 

objectives of Section 6(b)(5),9 in 

particular, because 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. The proposed rule 

change is also not designed to permit 

unfair discrimination between 

customers, issuers, brokers, or dealers. 

As proposed, LOO and MOO Orders 

would be a subset of the existing 

Auction-Only Orders that are currently 

available on the Exchange. In this 

regard, the availability of LOO and 

MOO Orders would enhance the tools 

available to ETP Holders when entering 

their trading interest by providing for an 

Auction-Only Order that could only be 

executed during the Market Order 

Auction. Furthermore, the proposed 

addition of LOO and MOO Orders on 

the Exchange could contribute to the 

quality of the Exchange’s opening by 

increasing the amount of liquidity that 

ETP Holders are willing to enter to 

participate in the Market Order Auction. 

For these reasons, the Exchange believes 

that its proposal to provide for LOO and 

MOO Orders would remove 

impediments to and perfect the 

mechanism of a free and open market 

and a national market system and, in 

general, protect investors and the public 

interest. The Exchange notes that order 

types similar to LOO and MOO Orders 

are available on other exchanges.10

Accordingly, making these order types 

available for ETP Holders to utilize 

would promote just and equitable 

principles of trade and foster 

cooperation and coordination with 

persons engaged in facilitating 

transactions in securities. Furthermore, 

LOO and MOO Orders would be 

available for all ETP Holders to utilize 

on the Exchange. In this regard, the 

Exchange believes that the proposed 

rule change is not designed to permit 

unfair discrimination. The proposed 

technical changes would also benefit 

ETP Holders and investors by adding 

greater specificity and precision to the 

Exchange’s Rules. 

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 proposed rule change 

does not (i) significantly affect the 

protection of investors or the public 

interest; (ii) impose any significant 

burden on competition; and (iii) become 

operative for 30 days from the date on 

which it was filed, or such shorter time 

as the Commission may designate if 

consistent with the protection of 

investors and the public interest, 

provided that the self-regulatory 

organization has given the Commission 

written notice of its intent to file 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 proposed rule change 

has become effective pursuant to 

Section 19(b)(3)(A) of the Act 11 and 

Rule 19b–4(f)(6) thereunder.12 At any 

time within 60 days of the filing of such 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES

23538 Federal Register / Vol. 77, No. 76 / Thursday, April 19, 2012 / Notices 

13 17 CFR 200.30–3(a)(12). 

• Send an email to rulecomments@sec.gov. Please include File 

Number SR–NYSEArca–2012–29 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–2012–29. 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–2012–29 and 

should be submitted on or before May 

10, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.13

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–9410 Filed 4–18–12; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #13058 and #13059] 

West Virginia Disaster Number WV– 

00025 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 1. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for Public Assistance Only for 

the State of West Virginia (FEMA–4061– 

DR), dated 03/22/2012. 

Incident: Severe storms, flooding, 

mudslides, and landslides. 

Incident Period: 03/15/2012 through 

03/31/2012. 

Effective Date: 03/31/2012. 

Physical Loan Application Deadline 

Date: 05/21/2012. 

Economic Injury (EIDL) Loan 

Application Deadline Date: 12/24/2012. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing And 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for Private Non-Profit 

organizations in the State of WEST 

VIRGINIA, dated 03/22/2012, is hereby 

amended to establish the incident 

period for this disaster as beginning 03/ 

15/2012 and continuing through 03/31/ 

2012. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 2012–9455 Filed 4–18–12; 8:45 am] 

BILLING CODE 8025–01–P 

SMALL BUSINESS ADMINISTRATION 

[Disaster Declaration #13054 and #13055] 

West Virginia Disaster Number WV– 

00027 

AGENCY: U.S. Small Business 

Administration. 

ACTION: Amendment 1. 

SUMMARY: This is an amendment of the 

Presidential declaration of a major 

disaster for the State of West Virginia 

(FEMA–4061–DR), dated 03/22/2012. 

Incident: Severe Storms, Flooding, 

Mudslides, and Landslides. 

Incident Period: 03/15/2012 through 

03/31/2012. 

Effective Date: 03/31/2012. 

Physical Loan Application Deadline 

Date: 05/21/2012. 

EIDL Loan Application Deadline Date: 

12/24/2012. 

ADDRESSES: Submit completed loan 

applications to: U.S. Small Business 

Administration, Processing and 

Disbursement Center, 14925 Kingsport 

Road, Fort Worth, TX 76155. 

FOR FURTHER INFORMATION CONTACT: A. 

Escobar, Office of Disaster Assistance, 

U.S. Small Business Administration, 

409 3rd Street SW., Suite 6050, 

Washington, DC 20416. 

SUPPLEMENTARY INFORMATION: The notice 

of the President’s major disaster 

declaration for the State of West 

Virginia, dated 03/22/2012 is hereby 

amended to establish the incident 

period for this disaster as beginning 03/ 

15/2012 and continuing through 03/31/ 

2012. 

All other information in the original 

declaration remains unchanged. 

(Catalog of Federal Domestic Assistance 

Numbers 59002 and 59008) 

James E. Rivera, 

Associate Administrator for Disaster 

Assistance. 

[FR Doc. 2012–9456 Filed 4–18–12; 8:45 am] 

BILLING CODE 8025–01–P 

DEPARTMENT OF STATE 

[Public Notice 7851] 

RIN 1400–AC95 

Announcement of Entry Into Force of 

the Defense Trade Cooperation Treaty 

Between the United States and the 

United Kingdom 

ACTION: Notice. 

SUMMARY: On April 13, 2012, the United 

States and the United Kingdom 

exchanged diplomatic notes bringing 

the Treaty between the Government of 

the United States of America and the 

Government of the United Kingdom of 

Great Britain and Northern Ireland 

Concerning Defense Trade Cooperation 

(Treaty Doc. 110–7) into force. This 

Notice announces the entry into force of 

the Treaty. This Notice also announces 

April 13, 2012 as the effective date of 

the rule published on March 21, 2012 

(77 FR 16592) implementing the Treaty 

and making other updates to the 

International Traffic in Arms 

Regulations (ITAR). 

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