Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to the Penny Pilot Program, 75713-75715 [2010-30428]
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Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Notices
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. 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
publicly available. All submissions
should refer to File Number SIPC–2010–
01 and should be submitted on or before
December 27, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.7
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–30434 Filed 12–3–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
jdjones on DSK8KYBLC1PROD with NOTICES
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Thursday, December 9, 2010 at 2
p.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemptions set forth in 5
U.S.C. 552b(c)(3), (5), (7), 9(B) and (10)
and 17 CFR 200.402(a)(3), (5), (7), 9(ii)
and (10), permit consideration of the
scheduled matters at the Closed
Meeting.
Commissioner Aguilar, as duty
officer, voted to consider the items
listed for the Closed Meeting in a closed
session.
7 17
CFR 200.30–3(f)(2)(i).
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15:27 Dec 03, 2010
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The subject matter of the Closed
Meeting scheduled for Thursday,
December 9, 2010 will be:
Dated: December 1, 2010.
Elizabeth M. Murphy,
Secretary.
institution and settlement of injunctive
actions; institution and settlement of
administrative proceedings; and other
matters relating to enforcement proceedings.
[FR Doc. 2010–30628 Filed 12–2–10; 4:15 pm]
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
Dated: December 1, 2010.
Elizabeth M. Murphy,
Secretary.
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
Sunshine Act Meeting
Notice is hereby given, pursuant to
the provisions of the Government in the
Sunshine Act, Public Law 94–409, that
the Securities and Exchange
Commission will hold a Closed Meeting
on Wednesday, December 8, 2010 at 10
a.m.
Commissioners, Counsel to the
Commissioners, the Secretary to the
Commission, and recording secretaries
will attend the Closed Meeting. Certain
staff members who have an interest in
the matters also may be present.
The General Counsel of the
Commission, or his designee, has
certified that, in his opinion, one or
more of the exemption 5 U.S.C.
552b(c)(10) and 17 CFR 200.402(a)(10),
permit consideration of the scheduled
matter at the Closed Meeting.
Commissioner Aguilar, as duty
officer, voted to consider the item listed
for the Closed Meeting in a closed
session.
The subject matter of the Closed
Meeting scheduled for Wednesday,
December 8, 2010 will be:
An adjudicatory matter
At times, changes in Commission
priorities require alterations in the
scheduling of meeting items.
For further information and to
ascertain what, if any, matters have been
added, deleted or postponed, please
contact:
The Office of the Secretary at (202)
551–5400.
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–63386; File No. SR–CBOE–
2010–102]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Related to the Penny
Pilot Program
November 29, 2010.
[FR Doc. 2010–30530 Filed 12–1–10; 4:15 pm]
PO 00000
BILLING CODE 8011–01–P
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 November
24, 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, II, and
III below, which Items have been
prepared by the Exchange. The
Exchange has designated 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 is proposing to amend
its rules relating to the Penny Pilot
Program. The text of the proposed rule
change is available on the Exchange’s
Web site (https://www.cboe.org/Legal), at
the Exchange’s Office of the Secretary,
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
Exchange 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
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
2 17
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06DEN1
75714
Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Notices
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.
or other problems that arose related to
the operation of the Pilot Program and
how the Exchange addressed them.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
The Exchange believes the rule
proposal is consistent with the
Securities Exchange Act of 1934 (the
‘‘Act’’) and the rules and regulations
under the Act applicable to a national
securities exchange and, in particular,
the requirements of Section 6(b) of the
Act.7 Specifically, the Exchange
believes that the proposed rule change
is consistent with the Section 6(b)(5)
Act 8 requirements that the rules of an
exchange be designed to promote just
and equitable principles of trade, to
prevent fraudulent and manipulative
acts and, in general, to protect investors
and the public interest. In particular, the
proposed rule change allows for an
extension of the Penny Pilot Program for
the benefit of market participants.
1. Purpose
The Penny Pilot Program is scheduled
to expire on December 31, 2010. CBOE
proposes to extend the Penny Pilot
Program until December 31, 2011. CBOE
believes that extending the Pilot
Program will allow for further analysis
of the Pilot Program and a
determination of how the Pilot Program
should be structured in the future.
During this extension of the Pilot
Program, CBOE may replace any option
class which is currently included in the
Pilot Program and which is delisted
with the next most actively-traded,
multiple-listed option class that is not
yet participating in the Pilot Program
(‘‘replacement class’’). Any replacement
option would be determined based on
national average daily volume in the
preceding six months, and would be
added on the second trading day
following January 1, 2011 and July 1,
2011.5 CBOE will employ the same
parameters to prospective replacement
issues as approved and applicable in
determining the existing classes in the
Penny Pilot Program, including
excluding high-priced underlying
securities.6 CBOE will announce any
replacement classes by circular.
CBOE is specifically authorized to act
jointly with the other options exchanges
participating in the Penny Pilot Program
in identifying any replacement class.
CBOE will submit to the SEC semiannual reports that will analyze the
impact of the Penny Pilot on market
quality and systems capacity. This
report will include, but is not limited to
the following: (1) Data and analysis of
the number of quotations generated for
options included in the report; (2) an
assessment of the quotation spreads for
the options included in the report; (3)
an assessment of the impact of the Pilot
Program on CBOE’s automated systems;
(4) data reflecting the size and depth of
markets; and (5) any capacity problems
2. Statutory Basis
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 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
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 foregoing 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 prior to 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 9 and Rule 19b–4(f)(6)(iii)
thereunder.10
7 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
9 15 U.S.C. 78s(b)(3)(A).
10 17 CFR 240.19b–4(f)(6)(iii). In addition, Rule
19b–4(f)(6)(iii) requires the self-regulatory
organization to give the Commission notice of its
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.
CBOE has satisfied this requirement.
jdjones on DSK8KYBLC1PROD with NOTICES
8 15
5 The month immediately preceding their
addition to the Pilot Program, i.e., December or
June, would not be used for purposes of the six
month analysis. For example, a replacement class
to be added on the second trading following January
1 would be identified based on OCC volume data
from June 1 through November 30.
6 See Securities Exchange Act Release No. 60864
(October 22, 2009), granting immediate
effectiveness to SR–CBOE–2009–76.
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15:27 Dec 03, 2010
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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 (https://www.sec.gov/
rules/sro.shtml); or
• Send an e-mail to rulecomments@sec.gov. Please include File
Number SR–CBOE–2010–102 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–2010–102. 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 the filing also
will be available for inspection and
copying at the principal office of the
self-regulatory organization. All
comments received will be posted
without change; the Commission does
not edit personal identifying
information from submissions. You
should submit only information that
E:\FR\FM\06DEN1.SGM
06DEN1
Federal Register / Vol. 75, No. 233 / Monday, December 6, 2010 / Notices
you wish to make available publicly. All
submissions should refer to File
Number SR–CBOE–2010–102 and
should be submitted on or before
December 27, 2010.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010–30428 Filed 12–3–10; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
[Release No. 34–63393; File No. SR–
NYSEAmex–2010–107]
Self-Regulatory Organizations; NYSE
Amex LLC; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change Amending Option
Trading Rules in Order To Extend the
Penny Pilot in Options Classes in
Certain Issues Through December 31,
2011
November 30, 2010.
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934 (the
‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on November
24, 2010, NYSE Amex LLC (the
‘‘Exchange’’ or ‘‘NYSE Amex’’) 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 substantially prepared by the selfregulatory organization. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
jdjones on DSK8KYBLC1PROD with NOTICES
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to amend its
option trading rules in order to extend
the Penny Pilot in options classes in
certain issues (‘‘Pilot Program’’)
previously approved by the Securities
and Exchange Commission
(‘‘Commission’’) through December 31,
2011. The text of the proposed rule
change is available at the Exchange,
https://www.nyse.com, the Commission’s
Public Reference Room, and on the
Commission’s Web site at https://
www.sec.gov.
CFR 200.30–3(a)(12).
U.S.C.78s(b)(1).
2 15 U.S.C. 78a.
3 17 CFR 240.19b–4.
1 15
15:27 Dec 03, 2010
1. Purpose
The Exchange hereby proposes to
extend the time period of the Pilot
Program 4 which is currently scheduled
to expire on December 31, 2010, through
December 31, 2011, and to provide
revised dates for adding replacement
issues to the Pilot. The Exchange
proposes that the semi-annual dates to
replace issues that have been delisted be
revised to the second trading day
following January 1, 2011 and July 1,
2011. The Exchange also wishes to
clarify that the replacement issues will
be selected based on trading activity for
the six month period beginning June 1,
2010 and ending November 30, 2010 for
the January 2011 replacement, and the
six month period beginning December 1,
2010 and ending May 31, 2011 for the
July 2011 replacements. This filing does
not propose any substantive changes to
the Pilot Program: all classes currently
participating will remain the same and
all minimum increments will remain
unchanged. The Exchange believes the
benefits to public customers and other
market participants who will be able to
express their true prices to buy and sell
options have been demonstrated to
outweigh the increase in quote traffic.
The Exchange agrees to [sic] reports
that will analyze the impact of the Pilot
Program on market quality and options
systems capacity. The reports will
analyze the impact of the Pilot Program
on market quality and options systems
capacity. These reports will include, but
are not limited to: (1) Data and written
analysis on the number of quotations
generated for options selected for the
Pilot Program; (2) an assessment of the
4 See Securities Exchange Act Release No. 34–
61106 (December 3, 2009), 74 FR 65193 (December
9, 2009); Securities Exchange Act Release No. 34–
61479 (February 3, 2010), 75 FR 6772 (February 10,
2010).
11 17
VerDate Mar<15>2010
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.
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75715
quotation spreads for the options
selected for the Pilot Program; (3) an
assessment of the impact of the Pilot
Program on the capacity of the NYSE
Amex’s automated systems; (4) any
capacity problems or other problems
that arose related to the operation of the
Pilot Program and how the Exchange
addressed them; and (5) an assessment
of trade through complaints that were
sent by the Exchange during the
operation of the Pilot Program and how
they were addressed.
2. Statutory Basis
The proposed rule change is
consistent with Section 6(b) 5 of the Act,
in general, and furthers the objectives of
Section 6(b)(5) 6 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. The Exchange believes that the
Pilot Program promotes just and
equitable principles of trade by enabling
public customers and other market
participants to express their true prices
to buy and sell options.
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
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 7 and Rule
19b–4(f)(6) thereunder.8 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
prior to 30 days from the date on which
5 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
7 15 U.S.C. 78s(b)(3)(A)(iii).
8 17 CFR 240.19b–4(f)(6).
6 15
E:\FR\FM\06DEN1.SGM
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Agencies
[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Notices]
[Pages 75713-75715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30428]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-63386; File No. SR-CBOE-2010-102]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change Related to the Penny Pilot Program
November 29, 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 November 24, 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, II, and III below, which Items have been prepared
by the Exchange. The Exchange has designated 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 is proposing to amend its rules relating to the Penny
Pilot Program. The text of the proposed rule change is available on the
Exchange's Web site (https://www.cboe.org/Legal), at the Exchange's
Office of the Secretary, 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 Exchange 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
[[Page 75714]]
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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
The Penny Pilot Program is scheduled to expire on December 31,
2010. CBOE proposes to extend the Penny Pilot Program until December
31, 2011. CBOE believes that extending the Pilot Program will allow for
further analysis of the Pilot Program and a determination of how the
Pilot Program should be structured in the future.
During this extension of the Pilot Program, CBOE may replace any
option class which is currently included in the Pilot Program and which
is delisted with the next most actively-traded, multiple-listed option
class that is not yet participating in the Pilot Program (``replacement
class''). Any replacement option would be determined based on national
average daily volume in the preceding six months, and would be added on
the second trading day following January 1, 2011 and July 1, 2011.\5\
CBOE will employ the same parameters to prospective replacement issues
as approved and applicable in determining the existing classes in the
Penny Pilot Program, including excluding high-priced underlying
securities.\6\ CBOE will announce any replacement classes by circular.
---------------------------------------------------------------------------
\5\ The month immediately preceding their addition to the Pilot
Program, i.e., December or June, would not be used for purposes of
the six month analysis. For example, a replacement class to be added
on the second trading following January 1 would be identified based
on OCC volume data from June 1 through November 30.
\6\ See Securities Exchange Act Release No. 60864 (October 22,
2009), granting immediate effectiveness to SR-CBOE-2009-76.
---------------------------------------------------------------------------
CBOE is specifically authorized to act jointly with the other
options exchanges participating in the Penny Pilot Program in
identifying any replacement class. CBOE will submit to the SEC semi-
annual reports that will analyze the impact of the Penny Pilot on
market quality and systems capacity. This report will include, but is
not limited to the following: (1) Data and analysis of the number of
quotations generated for options included in the report; (2) an
assessment of the quotation spreads for the options included in the
report; (3) an assessment of the impact of the Pilot Program on CBOE's
automated systems; (4) data reflecting the size and depth of markets;
and (5) any capacity problems or other problems that arose related to
the operation of the Pilot Program and how the Exchange addressed them.
2. Statutory Basis
The Exchange believes the rule proposal is consistent with the
Securities Exchange Act of 1934 (the ``Act'') and the rules and
regulations under the Act applicable to a national securities exchange
and, in particular, the requirements of Section 6(b) of the Act.\7\
Specifically, the Exchange believes that the proposed rule change is
consistent with the Section 6(b)(5) Act \8\ requirements that the rules
of an exchange be designed to promote just and equitable principles of
trade, to prevent fraudulent and manipulative acts and, in general, to
protect investors and the public interest. In particular, the proposed
rule change allows for an extension of the Penny Pilot Program for the
benefit of market participants.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 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 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
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 foregoing 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 prior to 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
\9\ and Rule 19b-4(f)(6)(iii) thereunder.\10\
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78s(b)(3)(A).
\10\ 17 CFR 240.19b-4(f)(6)(iii). In addition, Rule 19b-
4(f)(6)(iii) requires the self-regulatory organization to give the
Commission notice of its 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. CBOE has satisfied this requirement.
---------------------------------------------------------------------------
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 (https://www.sec.gov/rules/sro.shtml); or
Send an e-mail to rule-comments@sec.gov. Please include
File Number SR-CBOE-2010-102 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-2010-102. 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 the filing also will be available for
inspection and copying at the principal office of the self-regulatory
organization. All comments received will be posted without change; the
Commission does not edit personal identifying information from
submissions. You should submit only information that
[[Page 75715]]
you wish to make available publicly. All submissions should refer to
File Number SR-CBOE-2010-102 and should be submitted on or before
December 27, 2010.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Florence E. Harmon,
Deputy Secretary.
[FR Doc. 2010-30428 Filed 12-3-10; 8:45 am]
BILLING CODE 8011-01-P