### 9723 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices

16 Under Commentary .02 to NYSE Arca Options Rule 6.77, a ‘‘trade may be nullified if all parties to the trade agree to the nullification,’’ and when ‘‘all parties to a trade have agreed to a trade nullification, one party must promptly notify the Exchange for dissemination of cancellation information to the Options Price Reporting Authority.’’

17 15 U.S.C. 78f(b).

18 15 U.S.C. 78f(b)(5). 19 15 U.S.C. 78s(b)(3)(A).

20 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange’s intent to file the proposed rule change, along with a brief description and text of 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 Exchange has satisfied the five-day prefiling requirement.

21 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). 22 17 CFR 200.30–3(a)(12). trading interest. The Exchange notes
that Market Makers have asked for this functionality to prevent them from inadvertently trading with their own interest. In such a situation, the firms ask the Exchange to nullify the trades, which they are permitted to do under the Exchange’s rules because they are on
both sides of the trades. 16 While the proposed Self-Trade Prevention functionality would prevent inadvertent self-trading, the Exchange notes that the functionality would also prevent intentional self-trading. In this regard, the proposed rule change provides a means to prevent manipulative conduct such as ‘‘wash trading.’’

Presently, the Exchange is proposing that Self-Trade Prevention be applicable only for Market Makers. The Exchange
has made this decision because Market Makers are the most likely market participants to execute against their own trading interest. The Exchange may propose to expand the Self-Trade Prevention functionality to other OTP Holders and OTP Firms in the future, subject to being in a position to implement the functionality in a manner consistent with a firm’s agency responsibilities to its customer orders. Accordingly, the Exchange believes that the proposed rule change is not designed to permit unfair
discrimination.

For the reasons set forth above, the Exchange believes that the proposed rule change is consistent with Section 6(b) of the Securities Exchange Act of 1934 (the ‘‘Act’’), 17 in general, and furthers the objectives of Section 6(b)(5) of the Act, 18 in particular.

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 foregoing proposed rule change does not significantly affect the protection of investors or the public interest, does not impose any significant burden on competition, and, by its terms, does not become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 19 and Rule 19b– 4(f)(6) thereunder. 20

The Exchange has requested that the Commission waive the 30-day operative delay. The Commission believes that waiver of the operative delay is consistent with the protection of investors and the public interest because the proposal will provide a tool for Exchange market makers to better manage their trading interest and provide a means to prevent manipulative conduct such as ‘‘wash trading.’’ Therefore, the Commission designates the proposal operative upon filing. 21

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.

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-2012–08 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–2012–08. 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-2012–08 and should be submitted on or before March 9, 2012.

For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 22
Kevin M. O’Neill,
Deputy Secretary.

[FR Doc. 2012–3739 Filed 2–16–12; 8:45 am]

**BILLING CODE 8011–01–P**

**DEPARTMENT OF STATE**

**[Public Notice: 7802]**

**Department of State Performance**
**Review Board Members**

In accordance with section 4314(c)(4) of 5 United States Code, the Department of State has appointed the following individuals to the Department of State
Performance Review Board for Senior


### 9724 Federal Register / Vol. 77, No. 33 / Friday, February 17, 2012 / Notices

Executive Service members: Lois E. Quam, Chairperson, Executive Director for the Global Health Initiative, Office of the Secretary, Department of State; Frank A. Rose, Deputy Assistant Secretary, Bureau of Arms Control, Verification and Compliance, Department of State; Sharon L. Waxman, Senior Advisor, Office of the Under Secretary for Civilian Security, Democracy, and Human Rights, Department of State.

Dated: February 13, 2012.
Steven A. Browning, Acting Director General of the Foreign Service and Director of Human Resources, Department of State.

[FR Doc. 2012–3788 Filed 2–16–12; 8:45 am]

**BILLING CODE 4710–15–P**

**OFFICE OF THE UNITED STATES**
**TRADE REPRESENTATIVE**

**Request for Petitions To Modify the Rules of Origin Under the Dominican**  **Republic—Central America—United States Free Trade Agreement** 

**AGENCY :**  Office of the United States Trade Representative.

**ACTION :**  Notice of opportunity to filepetitions requesting changes to the nontextile and non-apparel products rules of origin under the Dominican Republic—Central America—United States Free Trade Agreement (‘‘the Agreement’’ or ‘‘CAFTA–DR’’).

**SUMMARY :**  This notice solicits proposals on appropriate changes that USTR should consider for modifying the CAFTA–DR’s rules of origin under Article 4.14 of the Agreement.

**DATES :**  Public comments are due at USTR by close of business, April 17,

2012.

**ADDRESSES :**  Submissions via on-line: http://www.regulations.gov. For
alternatives to on-line submissions please contact Kent Shigetomi at (202)

395–9459.

**FOR FURTHER INFORMATION CONTACT :**  Kent Shigetomi, Director for Mexico, NAFTA, and the Caribbean, at (202) 395–9459.

**SUPPLEMENTARY INFORMATION :**  On January 23, 2012, the CAFTA–DR Free Trade Commission (‘‘FTC’’ or ‘‘the Commission’’), the plurilateral ministerial-level body responsible for supervising the implementation of the CAFTA–DR, agreed to consider modifying the rules of origin established in the Agreement, particularly in light of more recent free trade agreements. The CAFTA–DR requires each government to provide preferential tariff treatment to goods that meet the Agreement’s origin rules. In the United States, those rules are implemented through the Dominican Republic—Central
America—United States Free Trade Agreement Implementation Act (Public Law 109–53, 119 Stat. 462) (19 U.S.C. 4011(a) (‘‘the Act’’)). Under the Act, goods imported into the United States qualify for preferential treatment if they meet the requirements of the general CAFTA–DR rules of origin set out in
section 203 of the Act and the CAFTA– DR product-specific rules set out in the Harmonized Tariff System. The Agreement allows the Parties to amend the Agreement’s origin rules as they deem appropriate. Section 203(o)(3) of
the Act authorizes the President to proclaim modifications to the CAFTA– DR product-specific origin rules set forth in the HTS, subject to the consultation and layover provisions of
section 104 of the Act.

Additional Information: The United
States and the other CAFTA–DR Parties have not yet decided whether to make changes to the Agreement’s rules of origin and, if such changes were made, what the scope or extent of such changes should be. The United States and the other CAFTA–DR Parties expect
to take into account several factors in considering whether to make such changes, including: (1) The extent that any such changes may reduce transaction and manufacturing costs or increase trade among the Parties; (2) the feasibility of devising, implementing, and monitoring new rules of origin; and (3) the level and breadth of interest that manufacturers, processors, traders, and consumers in the Parties express for making particular changes. The Parties expect to make only those changes that are broadly supported by stakeholders
in all countries.

Requirements for Comments/ Proposals: Submitters should indicate whether they have discussed their proposals with representatives of the relevant sector in the other Parties and, if such discussions have taken place, the
result of those discussions. Submissions should indicate if representatives of the
relevant sector in the other Parties do not support the proposal. USTR encourages interested parties to consider submitting proposals jointly with interested parties in the other

Parties.

Scope and Coverage of Proposals: USTR encourages interested parties to review the broadest appropriate range of items and to submit proposals that
reflect a consensus reached after such a broad-based review. A single proposal can thus include requests covering multiple tariff headings. Proposals should cover entire 8-digit tariff subheadings, and may also be submitted at the 6, 4, or 2 digit level where the intent is to cover all subsidiary tariff
lines.

Requirements for Submissions: Persons submitting written comments must do so in English and must identify (on the first page of the submission) ‘‘CAFTA–DR Rules of Origin.’’ In order to be assured of consideration, comments should be submitted by noon, [60 days after publication].

In order to ensure the timely receipt and consideration of comments, USTR strongly encourages commenters to make on-line submissions, using the http://www.regulations.gov Web site.
Comments should be submitted under the following docket: USTR–2012–0002. To find the docket, enter the docket number in the ‘‘Enter Keyword or ID’’
window at the http:// www.regulations.gov home page and click ‘‘Search.’’ The site will provide a search-results page listing all documents
associated with this docket. Find a reference to this notice by selecting ‘‘Notices’’ under ‘‘Document Type’’ on the search-results page, and click on the link entitled ‘‘Submit a Comment.’’ (For further information on using the www.regulations.gov Web site, please consult the resources provided on the Web site by clicking on the ‘‘Help’’ tab.)

The http://www.regulations.gov Web site provides the option of making submissions by filling in a comments field, or by attaching a document. USTR prefers submissions to be provided in an
attached document. If a document is attached, it is sufficient to type ‘‘See attached’’ in the ‘‘Type Comment’’ and attach a file in the ‘‘Upload File(s)’’ field. USTR also prefers submissions in Microsoft Word (.doc) or Adobe Acrobat (.pdf). If the submission is in an application other than those two, please indicate the name of the application in
the ‘‘Comments’’ field.

A person seeking to request that
information contained in a submission from that person be treated as business confidential information must certify
that such information is business confidential and would not customarily be released to the public by the submitter. For any comments submitted electronically containing business confidential information, the file name
of the business confidential version should begin with the characters ‘‘BC.’’
Confidential business information must be clearly designated as such. The
submission must be marked ‘‘BUSINESS CONFIDENTIAL’’ at the top and bottom of the cover page and each succeeding page, and the submission should indicate, via brackets, the specific
information that is confidential.