2312 Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 

14 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3 15 U.S.C. 78f(b). 

4 15 U.S.C. 78f(b)(4). 

5See Securities Exchange Act Release Nos. 64582 

(June 2, 2011), 76 FR 33390 (June 8, 2011) (SR– 

NYSE–2011–23) and 66108 (January 5, 2012), 77 FR 

1768 (January 11, 2012) (SR–NYSE–2011–71). The 

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–Phlx–2012–146 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–Phlx–2012–146. 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 10:00 a.m. 

and 3:00 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–Phlx– 

2012–146, and should be submitted on 

or before January 31, 2013. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.14

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2013–00305 Filed 1–9–13; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–68580; File No. SR–NYSE– 

2012–79] 

Self-Regulatory Organizations; New 

York Stock Exchange LLC; Notice of 

Filing and Immediate Effectiveness of 

Proposed Rule Change Amending Its 

Price List To Adopt a Trading License 

Fee for Calendar Year 2013 

January 4, 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 December 

21, 2012, New York Stock Exchange 

LLC (the ‘‘Exchange’’ or ‘‘NYSE’’) 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 adopt a trading license fee 

for calendar year 2013. The Exchange 

proposes to make the rule change 

operative on January 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 adopt a trading license fee 

for calendar year 2013. 

NYSE Rule 300(b) provides that, in 

each annual offering, up to 1366 trading 

licenses for the following calendar year 

will be sold annually at a price per 

trading license to be established each 

year by the Exchange pursuant to a rule 

filing submitted to the Securities and 

Exchange Commission (‘‘Commission’’) 

and that the price per trading license 

will be published each year in the 

Exchange’s price list. The Exchange 

proposes to leave the current trading 

license fees in place for 2013: $40,000 

for the first two licenses held by a 

member organization, and $25,000 for 

each additional license. Fees will 

continue to be prorated for any portion 

of the year that a license may be 

outstanding. The proposed changes are 

not otherwise intended to address any 

other problem, and the Exchange is not 

aware of any significant problem that 

the affected market participants would 

have in complying with the proposed 

changes. 

The Exchange proposes to make the 

rule change operative on January 1, 

2013. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Act,3 in general, and 

Section 6(b)(4) of the Act,4 in particular, 

in that it is designed to provide for the 

equitable allocation of reasonable dues, 

fees, and other charges among its 

members and other persons using its 

facilities. The Exchange believes that 

the proposal constitutes an equitable 

allocation of fees, as all similarly 

situated member organizations will be 

subject to the same fee structure and 

access to the Exchange’s market is 

offered on fair and non-discriminatory 

terms. The Exchange also believes that 

the trading license fee is reasonable 

because it is the same as it has been 

since June 2011.5


wreier-aviles on DSK5TPTVN1PROD with 
Federal Register / Vol. 78, No. 7 / Thursday, January 10, 2013 / Notices 2313 

trading license fee was initially set at $40,000 in 

January 2009. See Securities Exchange Act Release 

No. 59140 (December 22, 2008), 73 FR 80488 

(December 31, 2008) (SR–NYSE–2008–130). In June 

2011, the fee was changed to $40,000 per license 

for the first two licenses and $25,000 per license for 

any additional trading licenses. See supra SR– 

NYSE–2011–23. 

6 15 U.S.C. 78s(b)(3)(A). 

7 17 CFR 240.19b–4(f)(2). 8 17 CFR 200.30–3(a)(12). 

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. The 

proposed rule change will keep trading 

license fees the same as they have been 

since June 2011. As a result, the 

Exchange does not believe that the 

proposed rule change will place an 

unreasonable burden on current 

members because their trading license 

fees will remain the same. In addition, 

the Exchange does not believe that the 

proposed rule change will place an 

unreasonable burden on potential 

members because a potential member’s 

fees will be the same as for a current 

member and pro-rated for licenses held 

for less than year. 

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 

The foregoing rule change is effective 

upon filing pursuant to Section 

19(b)(3)(A) 6 of the Act and 

subparagraph (f)(2) of Rule 19b–4 7

thereunder, because it establishes a due, 

fee, or other charge imposed by NYSE. 

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 

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

Number SR–NYSE–2012–79 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–NYSE–2012–79. 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 

10:00 a.m. and 3:00 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–NYSE– 

2012–79 and should be submitted on or 

before January 31, 2013. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.8

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2013–00303 Filed 1–9–13; 8:45 am] 

BILLING CODE 8011–01–P 

SMALL BUSINESS ADMINISTRATION 

CapitalSpring SBIC, L.P., License No. 

09/79–0454, Notice Seeking Exemption 

Under the Small Business Investment 

Act, Conflicts of Interest 

Notice is hereby given that 

CapitalSpring SBIC, L.P., 950 3rd 

Avenue, 24th Floor, New York, NY 

10022, a Federal Licensee under the 

Small Business Investment Act of 1958, 

as amended (‘‘the Act’’), in connection 

with the financing of a small concern, 

has sought an exemption under Section 

312 of the Act and Section 107.730, 

Financings which Constitute Conflicts 

of Interest of the Small Business 

Administration (‘‘SBA’’) Rules and 

Regulations (13 CFR 107.730). 

CapitalSpring Partners SBIC, L.P. 

proposes to provide debt security 

financing to LBE Holdings, LLC., 5305 

Spine Road, Suite A, Boulder, CO 

80301. 

The financing is brought within the 

purview of § 107.730(a)(4) of the 

Regulations because Capital Spring 

Finance, Company, LLC and FCP III., all 

Associates of CapitalSpring SBIC, L.P., 

will participate in the financing, 

including a discharge of an obligation to 

CapitalSpring Finance Company, LLC 

and therefore this transaction is 

considered a financing of an Associate 

requiring prior SBA approval. 

Notice is hereby given that any 

interested person may submit written 

comments on the transaction, within 

fifteen days of the date of this 

publication, to the Associate 

Administrator for Investment, U.S. 

Small Business Administration, 409 

Third Street SW., Washington, DC 

20416. 

Dated: December 12, 2012. 

Sean J. Greene, 

Associate Administrator for Investment. 

[FR Doc. 2012–31292 Filed 1–9–13; 8:45 am] 

BILLING CODE P 

SUSQUEHANNA RIVER BASIN 

COMMISSION 

Actions Taken at December 14, 2012, 

Meeting 

AGENCY: Susquehanna River Basin 

Commission. 

ACTION: Notice. 

SUMMARY: As part of its regular business 

meeting held on December 14, 2012, in 

Annapolis, Maryland, the Commission 

took the following actions: (1) Approved 

settlement involving a water resources 

project; (2) approved or tabled the 

applications of certain water resources 


wreier-aviles on DSK5TPTVN1PROD with