Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the BOX Fee Schedule, 58072-58074 [2011-23975]

Download as PDF 58072 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices B. Self-Regulatory Organization’s Statement on Burden on Competition CME does not believe that the proposed rule change will have any impact, or impose any burden, on competition. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others CME has not solicited, and does not intend to solicit, comments regarding this proposed rule change. CME has not received any unsolicited written comments from interested parties. mstockstill on DSK4VPTVN1PROD with NOTICES III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change was filed pursuant to Section 19(b)(3)(A) of the Act and paragraph (f)(4)(i) of Rule 19b– 4 and became effective on filing. At any time within sixty days of the filing of such 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 may be submitted by using the Commission’s Internet comment form (http:// www.sec.gov/rules/sro.shtml), or send an e-mail to rule-comments@sec.gov. Please include File No. SR–CME–2011– 06 on the subject line. • Paper comments should be sent 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–CME–2011–06. 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 (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 VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 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 website viewing and printing in the Commission’s Public Reference Room, 100 F Street, NE., Washington, DC 20549. Copies of such filing also will be available for inspection and copying at the principal office of CME. 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–CME–2011–06 and should be submitted on or before October 11, 2011. For the Commission by the Division of Trading and Markets, pursuant to delegated authority.5 Elizabeth M. Murphy, Secretary. [FR Doc. 2011–23866 Filed 9–16–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–65337; File No. SR–BX– 2011–064] Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the BOX Fee Schedule September 14, 2011. 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 September 1, 2011, NASDAQ OMX BX, Inc. (the ‘‘Exchange’’) 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 self-regulatory organization. The Exchange filed the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,3 and Rule 19b–4(f)(2) thereunder,4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to 5 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)(ii). 4 17 CFR 240.19b–4(f)(2). 1 15 PO 00000 Frm 00126 Fmt 4703 Sfmt 4703 solicit comments on the proposed rule from interested persons. I. Self-Regulatory Organization’s Statement of the Terms of Substance of the Proposed Rule Change NASDAQ OMX BX, Inc. (the ‘‘Exchange’’) proposes to amend the Fee Schedule of the Boston Options Exchange Group, LLC (‘‘BOX’’). The changes to the BOX Fee Schedule pursuant to this proposal will be effective upon filing and operative on September 1, 2011. The text of the proposed changes is attached as Exhibit 5. The text of the proposed rule change is available from the principal office of the Exchange, at the Commission’s Public Reference Room and also on the Exchange’s Internet Web site at http:// nasdaqomxbx.cchwallstreet.com/ NASDAQOMXBX/Filings/. 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 these statements may be examined at the places specified in Item IV below. The self-regulatory organization has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects 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 implement a routing fee structure that provides a discount to BOX Options Participants (‘‘Participants’’) that execute transactions on BOX. Public Customer Orders on BOX which are not executable against the BOX Book are routed to an away exchange for execution. Currently, BOX does not assess any fee to Participants for doing so. The Exchange, however, believes that exempting all outbound customer orders from routing fees will result in some Participants sending a substantial and increasing amount of non-executable orders to BOX so as to evade fees on other exchanges. In order to curtail this abusive use of BOX routing, the Exchange proposes to impose a routing fee structure that provides a volume discount to Participants that execute transactions on BOX. The proposed change will have no E:\FR\FM\19SEN1.SGM 19SEN1 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices mstockstill on DSK4VPTVN1PROD with NOTICES effect on the billing of orders of nonParticipants, including any orders routed to BOX from away exchanges. The Exchange proposes to continue to route up to 200,000 contracts per month of Participant customer orders to an away exchange without imposing any fee. For each contract thereafter, BOX will assess a fee based on each Participant’s total monthly volume of contracts executed on BOX. Participants that execute less than 300,000 contracts on BOX per month will pay a routing fee of $0.50 per contract. BOX Participants that execute 300,000 or more contracts on BOX per month will pay a routing fee of $0.01 per contract. Instructing BOX to route orders away if they are non-executable on BOX is voluntary for BOX Participants. Participants may choose not to route their customer orders to another exchange. Participants may also avoid paying the proposed routing fee by choosing to designate their orders as Fill and Kill (‘‘FAK’’). FAK orders are not eligible for routing to away exchanges. FAK orders are executed on BOX, if possible, and then cancelled. Imposing a routing fee structure that provides a volume discount to Participants for trading on BOX will allow BOX to recoup a portion of its costs incurred in providing routing services and provide an incentive to Participants to trade on BOX to benefit from the potential discount on routing fees. 2. Statutory Basis The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act,5 in general, and Section 6(b)(4) of the Act,6 in particular, in that it provides for the equitable allocation of reasonable dues, fees, and other charges among its members and other persons using its facilities. The Exchange believes the changes proposed are an equitable allocation of reasonable fees and charges among BOX Options Participants. The Exchange believes that assessing a fee to Participants for routing orders to other market venues is reasonable, equitable, and non-discriminatory in that the fee will allow BOX to recoup a portion of its transactions costs attendant with offering routing services. BOX uses third-party broker-dealers to route orders to other exchanges and incurs charges for each order routed to an away market, in addition to the fees charged by other exchanges. BOX has been providing its routing services to Participants at no cost and has been able to cover such costs with revenue 5 15 U.S.C. 78f(b). 6 15 U.S.C. 78f(b)(4). VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 generated from transactions on BOX. In order to better recover costs for routing orders, the Exchange is proposing a routing fee structure to provide a discounted fee for Participants that trade a certain amount of volume on BOX. The Exchange believes the proposed volume discount being provided to Participants that execute orders on BOX is equitable and not unfairly discriminatory because they are open to all Participants on an equal basis. The Exchange believes it is equitable to provide Participants that trade on BOX a discount on fees for routing customer orders that may not be executed on BOX because transactions executed on BOX increase BOX market activity and market quality. Greater liquidity and additional volume executed on BOX aids the price and volume discovery process. The Exchange believes it is reasonable and equitable to provide incentives to Participants to trade on BOX. Participant trading on BOX also results in revenue that BOX is able to use to provide routing services at a discounted cost to Participants. Accordingly, the Exchange believes that the proposal is not unfairly discriminatory because it promotes enhancing BOX market quality. The changes proposed by this filing are intended to provide an incentive to BOX Participants to submit orders for execution on BOX and not engage in abusive and predatory practices to evade fees on other exchanges. Finally, the Exchange notes that although routing is available to BOX Participants for customer orders, Participants are not required to use the routing services, but instead, BOX routing services are completely optional. As discussed above, BOX Participants can manage their own routing to different options exchanges or can utilize a myriad of other routing solutions that are available to market participants. 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 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 has neither solicited nor received comments on the proposed rule change. PO 00000 Frm 00127 Fmt 4703 Sfmt 4703 58073 III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Exchange Act 7 and Rule 19b–4(f)(2) thereunder,8 because it establishes or changes a due, fee, or other charge applicable only to a member. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend the rule change if it appears to the Commission that the action is necessary or appropriate in the public interest, for the protection of investors, or would otherwise further 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 e-mail to rulecomments@sec.gov. Please include File Number SR–BX–2011–064 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–BX–2011–064. 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 (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 7 15 8 17 E:\FR\FM\19SEN1.SGM U.S.C. 78s(b)(3)(A)(ii). CFR 240.19b–4(f)(2). 19SEN1 58074 Federal Register / Vol. 76, No. 181 / Monday, September 19, 2011 / Notices printing in the Commission’s Public Reference Room, 100 F Street, NW., Washington, DC 20549, on official business days between the hours of 10 a.m. and 3 p.m. The text of the proposed rule change is available on the Commission’s Web site at http:// www.sec.gov. 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 Number SR–BX– 2011–064 and should be submitted on or before October 11, 2011. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9 Elizabeth M. Murphy, Secretary. [FR Doc. 2011–23975 Filed 9–16–11; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–65224; File No. SR–CBOE– 2011–081] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Extend the Compliance Deadline for Qualification Pursuant to Rule 3.6A August 30, 2011. Correction In notice document 2011–22774 appearing on pages 55447–55449 in the issue of September 7, 2011, make the following correction: On page 55447, in the first column, the Release No. and File No., which were inadvertently omitted from the document heading, are added to read as set forth above. [FR Doc. C1–2011–22774 Filed 9–16–11; 8:45 am] mstockstill on DSK4VPTVN1PROD with NOTICES BILLING CODE 1505–01–P 9 17 CFR 200.30–3(a)(12). VerDate Mar<15>2010 15:46 Sep 16, 2011 Jkt 223001 [Public Notice: 7588] 30-Day Notice of Proposed Information Collection: DS–7001 and DS–7005, DOS-Sponsored Academic Exchange Program Application, OMB Control Number 1405–0138 Notice of request for public comment and submission to OMB of proposed collection of information. ACTION: The Department of State has submitted the following information collection request to the Office of Management and Budget (OMB) for approval in accordance with the Paperwork Reduction Act of 1995. • Title of Information Collection: DOS-Sponsored Academic Exchange Program Application. • OMB Control Number: 1405–0138. • Type of Request: Extension of a Currently Approved Collection. • Originating Office: Bureau of Educational and Cultural Affairs, ECA/ A/E/EUR. • Form Number: DS–7001, DS–7005. • Respondents: Applicants for the Academic Exchange Program. • Estimated Number of Respondents: 7160 (For DS–7001, 3842 estimated; for DS–7005, 3318 estimated). • Estimated Number of Responses: 7160 (For DS–7001, 3842 estimated; for DS–7005, 3318 estimated). • Average Hours per Response: 0.75. • Total Estimated Burden: 5370 hours. • Frequency: Annually. Obligation to Respond: Voluntary. DATES: Submit comments to the Office of Management and Budget (OMB) for up to 30 days from September 19, 2011. ADDRESSES: Direct comments to the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget (OMB). You may submit comments by the following methods: • E-mail: oira_submission@omb.eop.gov. You must include the DS form number, information collection title, and OMB control number in the subject line of your message. • Fax: 202–395–5806. Attention: Desk Officer for Department of State. FOR FURTHER INFORMATION CONTACT: You may obtain copies of the proposed information collection and supporting documents from Micaela S. Iovine, U.S. Department of State, Bureau of Educational and Cultural Affairs, Floor 4, 2200 C St., NW., Washington, DC 20522–0504, who may be reached on 202–632–3256 or at iovinems@state.gov. SUMMARY: PO 00000 Frm 00128 Fmt 4703 Sfmt 4703 We are soliciting public comments to permit the Department to: • Evaluate whether the proposed information collection is necessary to properly perform our functions. • Evaluate the accuracy of our estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used. • Enhance the quality, utility, and clarity of the information to be collected. • Minimize the reporting burden on those who are to respond. SUPPLEMENTARY INFORMATION: DEPARTMENT OF STATE Abstract of Proposed Collection The Department of State collects this information to identify qualified candidates from Eurasia and South Central Asia for exchange activities sponsored by the Office of Academic Exchange Programs. Methodology Applications are delivered physically to the foreign country offices of the grantee organization, submitted electronically, or through the mail. Additional Information: None. Dated: September 1, 2011. Marianne Craven, Acting Deputy Assistant Secretary, Bureau of Educational and Cultural Affairs, Department of State. [FR Doc. 2011–23888 Filed 9–16–11; 8:45 am] BILLING CODE 4710–05–P DEPARTMENT OF STATE [Public Notice: 7590] Culturally Significant Objects Imported for Exhibition Determinations: ‘‘Sanja ´ Ivekovic: Sweet Violence’’ Notice is hereby given of the following determinations: Pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), Executive Order 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, and Delegation of Authority No. 236–3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257 of April 15, 2003), I hereby determine that the objects to be included in the exhibition ‘‘Sanja ´ Ivekovic: Sweet Violence,’’ imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Museum of SUMMARY: E:\FR\FM\19SEN1.SGM 19SEN1

Agencies

[Federal Register Volume 76, Number 181 (Monday, September 19, 2011)]
[Notices]
[Pages 58072-58074]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23975]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-65337; File No. SR-BX-2011-064]


Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of 
Filing and Immediate Effectiveness of Proposed Rule Change To Amend the 
BOX Fee Schedule

September 14, 2011.
    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 September 1, 2011, NASDAQ OMX BX, Inc. (the ``Exchange'') 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 self-regulatory organization. The Exchange 
filed the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of 
the Act,\3\ and Rule 19b-4(f)(2) thereunder,\4\ which renders the 
proposal effective upon filing with the Commission. The Commission is 
publishing this notice to solicit comments on the proposed rule 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)(ii).
    \4\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    NASDAQ OMX BX, Inc. (the ``Exchange'') proposes to amend the Fee 
Schedule of the Boston Options Exchange Group, LLC (``BOX''). The 
changes to the BOX Fee Schedule pursuant to this proposal will be 
effective upon filing and operative on September 1, 2011. The text of 
the proposed changes is attached as Exhibit 5. The text of the proposed 
rule change is available from the principal office of the Exchange, at 
the Commission's Public Reference Room and also on the Exchange's 
Internet Web site at http://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/.

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 these statements may be examined at 
the places specified in Item IV below. The self-regulatory organization 
has prepared summaries, set forth in Sections A, B, and C below, of the 
most significant aspects 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 implement a routing fee structure that 
provides a discount to BOX Options Participants (``Participants'') that 
execute transactions on BOX.
    Public Customer Orders on BOX which are not executable against the 
BOX Book are routed to an away exchange for execution. Currently, BOX 
does not assess any fee to Participants for doing so. The Exchange, 
however, believes that exempting all outbound customer orders from 
routing fees will result in some Participants sending a substantial and 
increasing amount of non-executable orders to BOX so as to evade fees 
on other exchanges. In order to curtail this abusive use of BOX 
routing, the Exchange proposes to impose a routing fee structure that 
provides a volume discount to Participants that execute transactions on 
BOX. The proposed change will have no

[[Page 58073]]

effect on the billing of orders of non-Participants, including any 
orders routed to BOX from away exchanges.
    The Exchange proposes to continue to route up to 200,000 contracts 
per month of Participant customer orders to an away exchange without 
imposing any fee. For each contract thereafter, BOX will assess a fee 
based on each Participant's total monthly volume of contracts executed 
on BOX. Participants that execute less than 300,000 contracts on BOX 
per month will pay a routing fee of $0.50 per contract. BOX 
Participants that execute 300,000 or more contracts on BOX per month 
will pay a routing fee of $0.01 per contract.
    Instructing BOX to route orders away if they are non-executable on 
BOX is voluntary for BOX Participants. Participants may choose not to 
route their customer orders to another exchange. Participants may also 
avoid paying the proposed routing fee by choosing to designate their 
orders as Fill and Kill (``FAK''). FAK orders are not eligible for 
routing to away exchanges. FAK orders are executed on BOX, if possible, 
and then cancelled. Imposing a routing fee structure that provides a 
volume discount to Participants for trading on BOX will allow BOX to 
recoup a portion of its costs incurred in providing routing services 
and provide an incentive to Participants to trade on BOX to benefit 
from the potential discount on routing fees.
2. Statutory Basis
    The Exchange believes that the proposal is consistent with the 
requirements of Section 6(b) of the Act,\5\ in general, and Section 
6(b)(4) of the Act,\6\ in particular, in that it provides for the 
equitable allocation of reasonable dues, fees, and other charges among 
its members and other persons using its facilities. The Exchange 
believes the changes proposed are an equitable allocation of reasonable 
fees and charges among BOX Options Participants.
---------------------------------------------------------------------------

    \5\ 15 U.S.C. 78f(b).
    \6\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

    The Exchange believes that assessing a fee to Participants for 
routing orders to other market venues is reasonable, equitable, and 
non-discriminatory in that the fee will allow BOX to recoup a portion 
of its transactions costs attendant with offering routing services. BOX 
uses third-party broker-dealers to route orders to other exchanges and 
incurs charges for each order routed to an away market, in addition to 
the fees charged by other exchanges. BOX has been providing its routing 
services to Participants at no cost and has been able to cover such 
costs with revenue generated from transactions on BOX. In order to 
better recover costs for routing orders, the Exchange is proposing a 
routing fee structure to provide a discounted fee for Participants that 
trade a certain amount of volume on BOX.
    The Exchange believes the proposed volume discount being provided 
to Participants that execute orders on BOX is equitable and not 
unfairly discriminatory because they are open to all Participants on an 
equal basis. The Exchange believes it is equitable to provide 
Participants that trade on BOX a discount on fees for routing customer 
orders that may not be executed on BOX because transactions executed on 
BOX increase BOX market activity and market quality. Greater liquidity 
and additional volume executed on BOX aids the price and volume 
discovery process. The Exchange believes it is reasonable and equitable 
to provide incentives to Participants to trade on BOX. Participant 
trading on BOX also results in revenue that BOX is able to use to 
provide routing services at a discounted cost to Participants. 
Accordingly, the Exchange believes that the proposal is not unfairly 
discriminatory because it promotes enhancing BOX market quality. The 
changes proposed by this filing are intended to provide an incentive to 
BOX Participants to submit orders for execution on BOX and not engage 
in abusive and predatory practices to evade fees on other exchanges.
    Finally, the Exchange notes that although routing is available to 
BOX Participants for customer orders, Participants are not required to 
use the routing services, but instead, BOX routing services are 
completely optional. As discussed above, BOX Participants can manage 
their own routing to different options exchanges or can utilize a 
myriad of other routing solutions that are available to market 
participants.

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 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 has neither solicited nor received comments on the 
proposed rule change.

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    The foregoing rule change has become effective pursuant to Section 
19(b)(3)(A)(ii) of the Exchange Act \7\ and Rule 19b-4(f)(2) 
thereunder,\8\ because it establishes or changes a due, fee, or other 
charge applicable only to a member.
---------------------------------------------------------------------------

    \7\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \8\ 17 CFR 240.19b-4(f)(2).
---------------------------------------------------------------------------

    At any time within 60 days of the filing of the proposed rule 
change, the Commission summarily may temporarily suspend the rule 
change if it appears to the Commission that the action is necessary or 
appropriate in the public interest, for the protection of investors, or 
would otherwise further 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 e-mail to rule-comments@sec.gov. Please include 
File Number SR-BX-2011-064 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-BX-2011-064. 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 (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

[[Page 58074]]

printing in the Commission's Public Reference Room, 100 F Street, NW., 
Washington, DC 20549, on official business days between the hours of 10 
a.m. and 3 p.m. The text of the proposed rule change is available on 
the Commission's Web site at http://www.sec.gov. 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 Number 
SR-BX-2011-064 and should be submitted on or before October 11, 2011.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\9\
---------------------------------------------------------------------------

    \9\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-23975 Filed 9-16-11; 8:45 am]
BILLING CODE 8011-01-P