Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Minor Rule Violation Plan, 47672-47674 [2010-19332]
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47672
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314 ...............
Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices
Symbol
GENZ
Security name
B. Self-Regulatory Organization’s
Statement on Burden on Competition
Nasdaq does not believe that the
proposed rule change will result in 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
Written comments were neither
solicited nor received.
sroberts on DSKD5P82C1PROD with NOTICES
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The proposed rule change is filed for
immediate effectiveness pursuant to
Section 19(b)(3)(A) 8 of the Act and Rule
19b–4(f)(1) 9 thereunder as it constitutes
a stated policy, practice, or
interpretation with respect to the
meaning, administration, or
enforcement of an existing rule. 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
6 15
U.S.C. 78f(b).
7 15 U.S.C. 78f(b)(5).
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(1).
16:35 Aug 05, 2010
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Security name
Genzyme Corp.
2. Statutory Basis
The Exchange believes that its
proposal is consistent with Section 6(b)
of the Act 6 in general, and furthers the
objectives of Section 6(b)(5) of the Act 7
in particular, in that 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, and to remove
impediments to and perfect the
mechanisms of a free and open market
and a national market system, by
identifying the options classes to be
added to the Penny Pilot in a manner
consistent with prior approvals and
filings.
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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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Florence E. Harmon,
Deputy Secretary.
Electronic Comments
[FR Doc. 2010–19334 Filed 8–5–10; 8:45 am]
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–NASDAQ–2010–092 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–NASDAQ–2010–092. This
file number should be included on the
subject line if e-mail 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 (https://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 such 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 No. SR–NASDAQ–
2010–092 and should be submitted on
or before August 27, 2010.
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BILLING CODE 8010–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–62602; File No. SR–CBOE–
2010–069]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Amend Its Minor Rule
Violation Plan
July 24, 2010.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 1 and Rule 19b–4 thereunder,2
notice is hereby given that, on July 20,
2010, the Chicago Board Options
Exchange, Incorporated (‘‘Exchange’’ or
‘‘CBOE’’) 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 filed the
proposal as a ‘‘non-controversial’’
proposed rule change pursuant to
Section 19(b)(3)(A)(iii) of the Act 3 and
Rule 19b–4(f)(6) thereunder.4 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
CBOE Rule 17.50—Imposition of Fines
for Minor Rule Violations. The text of
the proposed rule change is available on
the Exchange’s Web site (https://
www.cboe.com/Legal), at the Exchange’s
principal office, and at the
Commission’s Public Reference Room.
10 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
1 15
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Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices
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
and is set forth in sections (A), (B), and
(C) below.
sroberts on DSKD5P82C1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
In August 2009, the U.S. Securities
and Exchange Commission
(‘‘Commission’’) approved a CBOE rule
filing amending Rule 17.50—Imposition
of Fines for Minor Rule Violations.5
Among other things, the rule filing
incorporated a number of additional
violations into CBOE’s Minor Rule
Violation Plan.6 However, that filing did
not add references to those additional
violations to Rule 17.50(c)(1), which
sets forth the procedures for the appeal
of certain fines imposed under the
Minor Rule Violation Plan. The
Exchange is proposing to add the
subsections that were added to the
Minor Rule Violation Plan in August
2009 to Rule 17.50(c)(1) to allow for the
same appeal process for these additional
violations.
In addition, CBOE proposes to revise
Rule 17.50(g)(2) to incorporate
violations relating to the late filing of
monthly and quarterly FOCUS reports
into the Minor Rule Violation Plan. Rule
17.50(g)(2) currently sets forth the fine
schedule for the failure to file annual
FOCUS reports on Form X–17A–5 in
accordance with Rule 17a–10 7 under
the Securities and Exchange Act of 1934
(‘‘Exchange Act’’). CBOE proposes to
expand this provision to include
violations for failure to file FOCUS
reports on Form X–17A–5 in accordance
with Rule 17a–5 8 under the Exchange
Act. Thus, a Trading Permit Holder that
submits a late monthly or quarterly
FOCUS filing shall be assessed a fine
between $200 and $800 pursuant to the
minor rule violation plan depending on
the number of days the FOCUS filing is
late. If a Trading Permit Holder submits
a FOCUS filing more than ninety days
late, the Exchange will refer the matter
to the Business Conduct Committee.
CBOE notes that the minor rule
violation plan in place at the NYSE
AMEX LLC (‘‘AMEX’’) currently
includes fines for similar violations
under Exchange Act Rules 17a–5 and
17a–10.9
The Exchange also recently revised its
order handling rules in connection with
a new options industry linkage
structure.10 Prior to that rule change,
Rule 6.83 governed Order Protection
and Rule 6.84 governed Locked or
Crossed Markets. However, this
amendment revised the rule numbers
such that Rule 6.81 now governs Order
Protection and Rule 6.82 governs
Locked or Crossed Markets. However,
the Exchange inadvertently failed to
update references to those Rules in
CBOE Rule 17.50(g)(12) and
17.50(g)(13), which set forth the fines
for Order Protection Violations and
Locked or Crossed Market Violations,
respectively, under the Exchange’s
Minor Rule Violation Plan. The
Exchange is proposing to modify these
rule references such that Rule
17.50(g)(12) refers to Rule 6.81 and Rule
17.50(g)(13) refers to Rule 6.82.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with the Act 11
and the rules and regulations
thereunder and, in particular, the
requirements of Section 6(b) of the
Act.12 Specifically, the Exchange
believes the proposed rule change is
consistent with the Section 6(b)(5) 13
requirements that the rules of an
exchange be designed to promote just
and equitable principles of trade, to
prevent fraudulent and manipulative
acts, to remove impediments to and to
perfect the mechanism for a free and
open market and a national market
system, and, in general, to protect
investors and the public interest. The
Exchange believes that the proposed
rule changes will strengthen its ability
to carry out its oversight responsibilities
as a self-regulatory organization and
reinforce its surveillance and
enforcement functions.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBOE does not believe that the
proposed rule change will impose any
9 See
5 See
Securities Exchange Act Release No. 34–
60488 (August 12, 2009), 74 FR 42139 (August 20,
2009) (SR–CBOE–2009–037).
6 See CBOE Rule 17.50(g)(11)–(g)(18).
7 17 CFR 240.17a–10.
8 17 CFR 240.17a–5.
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16:35 Aug 05, 2010
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Parts 3(a) and 3(g)(A) of AMEX Rule 590.
Securities Exchange Act Release No. 34–
60551 (August 20, 2009), 74 FR 43196 (August 26,
2009) (SR–CBOE–2009–040).
11 15 U.S.C. 78a et seq.
12 15 U.S.C. 78f(b).
13 15 U.S.C. 78f(b)(5).
10 See
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47673
burden on competition 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
The Exchange neither solicited nor
received comments on the proposal.
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, the
proposed rule change has become
effective pursuant to Section 19(b)(3)(A)
of the Act 14 and Rule 19b–4(f)(6)
thereunder.15
The Exchange has asked the
Commission to waive the 30-day
operative delay so that the proposal may
become operative immediately upon
filing. The Commission believes that
waiving the 30-day operative delay is
consistent with the protection of
investors and the public interest,
because the proposed change makes
technical changes to the rule, clarifies
minor omissions from the rule based on
recent rule changes, and is generally
consistent with the rules of another
exchange.16 Therefore, the Commission
designates the proposed rule change as
operative upon filing.17
At any time within 60 days of the
filing of such proposed rule change the
Commission may summarily abrogate
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.
14 15
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6). In addition, Rule 19b–
4(f)(6) 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 pre-filing requirement.
16 See Parts 3(a) and 3(g)(A) of AMEX Rule 590.
17 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).
15 17
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47674
Federal Register / Vol. 75, No. 151 / Friday, August 6, 2010 / Notices
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:
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.18
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–19332 Filed 8–5–10; 8:45 am]
BILLING CODE 8010–01–P
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–CBOE–2010–069 on the
subject line.
Paper Comments
sroberts on DSKD5P82C1PROD with NOTICES
• 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–CBOE–2010–069. This file
number should be included on the
subject line if e-mail 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 (https://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 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–CBOE–2010–069 and
should be submitted on or before
August 27, 2010.
DEPARTMENT OF STATE
[Public Notice 7101]
In the Matter of the Designation of
Harakat-ul Jihad Islami, Also Known as
HUJI, Also Known as Movement of
Islamic Holy War, Also Known as
Harkat-ul-Jihad-al Islami, Also Known
as Harkat-al-Jihad-ul Islami, Also
Known as Harkat-ul-Jehad-al-Islami,
Also Known as Harakat ul Jihad-eIslami, Also Known as Harakat-ul Jihad
Islami, as a Foreign Terrorist
Organization Pursuant to Section 219
of the Immigration and Nationality Act,
as Amended
Based upon a review of the
Administrative Record assembled in
this matter and in consultation with the
Attorney General and the Secretary of
the Treasury, I conclude that there is a
sufficient factual basis to find that the
relevant circumstances described in
section 219 of the Immigration and
Nationality Act, as amended (hereinafter
‘‘INA’’) (8 U.S.C. 1189), exist with
respect to Harakat-ul Jihad Islami, also
known as HUJI, also known as
Movement of Islamic Holy War, also
known as Harkat-ul-Jihad-al Islami, also
known as Harkat-al-Jihad-ul Islami, also
known as Harkat-ul-Jehad-al-Islami, also
known as Harakat ul Jihad-e-Islami, also
known as Harakat-ul Jihad Islami.
Therefore, I hereby designate the
aforementioned organization and its
aliases as a Foreign Terrorist
Organization pursuant to section 219 of
the INA.
This determination shall be published
in the Federal Register.
Dated: May 18, 2010.
Hillary Rodham Clinton,
Secretary of State.
[FR Doc. 2010–19446 Filed 8–5–10; 8:45 am]
BILLING CODE 4710–10–P
16:35 Aug 05, 2010
Jkt 220001
[Public Notice 7102]
In the Matter of the Designation of
Harakat-ul Jihad Islami, Also Known as
HUJI, Also Known as Movement of
Islamic Holy War, Also Known as
Harkat-ul-Jihad-al Islami, Also Known
as Harkat-al-Jihad-ul Islami, Also
Known as Harkat-ul-Jehad-al-Islami,
Also Known as Harakat ul Jihad-eIslami, Also Known as Harakat-ul Jihad
Islami, as a Specially Designated
Global Terrorist Pursuant, to Section
1(b) of Executive Order 13224, as
Amended
Acting under the authority of and in
accordance with section 1(b) of
Executive Order 13224 of September 23,
2001, as amended by Executive Order
13268 of July 2, 2002, and Executive
Order 13284 of January 23, 2003, I
hereby determine that the organization
known as Harakat-ul Jihad Islami, also
known as HUJI, also known as
Movement of Islamic Holy War, also
known as Harkat-ul-Jihad-al Islami, also
known as Harkat-al-Jihad-ul Islami, also
known as Harkat-ul-Jehad-al-Islami, also
known as Harakat ul Jihad-e-Islami, also
known as Harakat-ul Jihad Islami,
committed or poses a significant risk of
committing, acts of terrorism that
threaten the security of U.S. nationals or
the national security, foreign policy, or
economy of the United States.
Consistent with the determination in
section 10 of Executive Order 13224 that
‘‘prior notice to persons determined to
be subject to the Order who might have
a constitutional presence in the United
States would render ineffectual the
blocking and other measures authorized
in the Order because of the ability to
transfer funds instantaneously,’’ I
determine that no prior notice needs to
be provided to any person subject to this
determination who might have a
constitutional presence in the United
States, because to do so would render
ineffectual the measures authorized in
the Order.
This notice shall be published in the
Federal Register.
Dated: May 18, 2010.
Hillary Rodham Clinton,
Secretary of State.
[FR Doc. 2010–19444 Filed 8–5–10; 8:45 am]
BILLING CODE 4710–10–P
18 17
VerDate Mar<15>2010
DEPARTMENT OF STATE
PO 00000
CFR 200.30–3(a)(12) and 200.30–3(a)(44).
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]]>Agencies
[Federal Register Volume 75, Number 151 (Friday, August 6, 2010)]
[Notices]
[Pages 47672-47674]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19332]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-62602; File No. SR-CBOE-2010-069]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Amend Its Minor Rule Violation Plan
July 24, 2010.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(the ``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given
that, on July 20, 2010, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') 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 filed the proposal as a ``non-
controversial'' proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \3\ and Rule 19b-4(f)(6) thereunder.\4\ The
Commission is publishing this notice to solicit comments on the
proposed rule change from interested persons.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ 15 U.S.C. 78s(b)(3)(A)(iii).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange proposes to amend CBOE Rule 17.50--Imposition of Fines
for Minor Rule Violations. The text of the proposed rule change is
available on the Exchange's Web site (https://www.cboe.com/Legal), at
the Exchange's principal office, and at the Commission's Public
Reference Room.
[[Page 47673]]
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 and is set forth in sections (A),
(B), and (C) below.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
In August 2009, the U.S. Securities and Exchange Commission
(``Commission'') approved a CBOE rule filing amending Rule 17.50--
Imposition of Fines for Minor Rule Violations.\5\ Among other things,
the rule filing incorporated a number of additional violations into
CBOE's Minor Rule Violation Plan.\6\ However, that filing did not add
references to those additional violations to Rule 17.50(c)(1), which
sets forth the procedures for the appeal of certain fines imposed under
the Minor Rule Violation Plan. The Exchange is proposing to add the
subsections that were added to the Minor Rule Violation Plan in August
2009 to Rule 17.50(c)(1) to allow for the same appeal process for these
additional violations.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 34-60488 (August 12,
2009), 74 FR 42139 (August 20, 2009) (SR-CBOE-2009-037).
\6\ See CBOE Rule 17.50(g)(11)-(g)(18).
---------------------------------------------------------------------------
In addition, CBOE proposes to revise Rule 17.50(g)(2) to
incorporate violations relating to the late filing of monthly and
quarterly FOCUS reports into the Minor Rule Violation Plan. Rule
17.50(g)(2) currently sets forth the fine schedule for the failure to
file annual FOCUS reports on Form X-17A-5 in accordance with Rule 17a-
10 \7\ under the Securities and Exchange Act of 1934 (``Exchange
Act''). CBOE proposes to expand this provision to include violations
for failure to file FOCUS reports on Form X-17A-5 in accordance with
Rule 17a-5 \8\ under the Exchange Act. Thus, a Trading Permit Holder
that submits a late monthly or quarterly FOCUS filing shall be assessed
a fine between $200 and $800 pursuant to the minor rule violation plan
depending on the number of days the FOCUS filing is late. If a Trading
Permit Holder submits a FOCUS filing more than ninety days late, the
Exchange will refer the matter to the Business Conduct Committee. CBOE
notes that the minor rule violation plan in place at the NYSE AMEX LLC
(``AMEX'') currently includes fines for similar violations under
Exchange Act Rules 17a-5 and 17a-10.\9\
---------------------------------------------------------------------------
\7\ 17 CFR 240.17a-10.
\8\ 17 CFR 240.17a-5.
\9\ See Parts 3(a) and 3(g)(A) of AMEX Rule 590.
---------------------------------------------------------------------------
The Exchange also recently revised its order handling rules in
connection with a new options industry linkage structure.\10\ Prior to
that rule change, Rule 6.83 governed Order Protection and Rule 6.84
governed Locked or Crossed Markets. However, this amendment revised the
rule numbers such that Rule 6.81 now governs Order Protection and Rule
6.82 governs Locked or Crossed Markets. However, the Exchange
inadvertently failed to update references to those Rules in CBOE Rule
17.50(g)(12) and 17.50(g)(13), which set forth the fines for Order
Protection Violations and Locked or Crossed Market Violations,
respectively, under the Exchange's Minor Rule Violation Plan. The
Exchange is proposing to modify these rule references such that Rule
17.50(g)(12) refers to Rule 6.81 and Rule 17.50(g)(13) refers to Rule
6.82.
---------------------------------------------------------------------------
\10\ See Securities Exchange Act Release No. 34-60551 (August
20, 2009), 74 FR 43196 (August 26, 2009) (SR-CBOE-2009-040).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
the Act \11\ and the rules and regulations thereunder and, in
particular, the requirements of Section 6(b) of the Act.\12\
Specifically, the Exchange believes the proposed rule change is
consistent with the Section 6(b)(5) \13\ requirements that the rules of
an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts, to remove
impediments to and to perfect the mechanism for a free and open market
and a national market system, and, in general, to protect investors and
the public interest. The Exchange believes that the proposed rule
changes will strengthen its ability to carry out its oversight
responsibilities as a self-regulatory organization and reinforce its
surveillance and enforcement functions.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78a et seq.
\12\ 15 U.S.C. 78f(b).
\13\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
B. Self-Regulatory Organization's Statement on Burden on Competition
CBOE does not believe that the proposed rule change will impose any
burden on competition 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
The Exchange neither solicited nor received comments on the
proposal.
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, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \14\ and Rule 19b-
4(f)(6) thereunder.\15\
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\14\ 15 U.S.C. 78s(b)(3)(A).
\15\ 17 CFR 240.19b-4(f)(6). In addition, Rule 19b-4(f)(6)
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 pre-filing requirement.
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The Exchange has asked the Commission to waive the 30-day operative
delay so that the proposal may become operative immediately upon
filing. The Commission believes that waiving the 30-day operative delay
is consistent with the protection of investors and the public interest,
because the proposed change makes technical changes to the rule,
clarifies minor omissions from the rule based on recent rule changes,
and is generally consistent with the rules of another exchange.\16\
Therefore, the Commission designates the proposed rule change as
operative upon filing.\17\
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\16\ See Parts 3(a) and 3(g)(A) of AMEX Rule 590.
\17\ 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).
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At any time within 60 days of the filing of such proposed rule
change the Commission may summarily abrogate 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.
[[Page 47674]]
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 (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-CBOE-2010-069 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-CBOE-2010-069. This file
number should be included on the subject line if e-mail 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 (https://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 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-CBOE-2010-069 and should be submitted on or before
August 27, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\18\
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\18\ 17 CFR 200.30-3(a)(12) and 200.30-3(a)(44).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-19332 Filed 8-5-10; 8:45 am]
BILLING CODE 8010-01-P
