Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Renew Existing Pilot Program for an Additional Fourteen Months, 72016-72018 [2011-29869]
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72016
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Notices
Standard North American Corporate
Single Name CDS contracts: Boston
Scientific Corporation; H.J. Heinz
Company; Macy’s, Inc.; and Nabors
Industries, Inc. (the ‘‘Additional Single
Names’’).
II. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
In its filing with the Commission, ICC
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. ICC has prepared
summaries, set forth in sections (A), (B),
and (C) below, of the most significant
aspects of these statements.4
emcdonald on DSK5VPTVN1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule
Change
The Additional Single Names
represent four of the one hundred
twenty-five single names that comprise
the Markit CDX North American
Investment Grade Series 17 Index (the
‘‘Index’’) that is currently being cleared
by ICC. ICC currently clears one
hundred twenty of the Index’s
underlying names on a single name
basis. Upon approval of the Additional
Single Names, ICC will clear one
hundred twenty-four of the names
underlying the Index on a single name
basis. The Additional Single Names do
not require any changes to the body of
the ICC Rules. ICC will clear the
Additional Single Names pursuant to
ICC’s existing Rules. Nor do the
Additional Single Names require any
changes to the ICC risk management
framework including the ICC margin
methodology, guaranty fund
methodology, pricing parameters and
pricing model. The only change being
submitted is the inclusion of the
Additional Single Names to Schedule
502 of the ICC Rules. The Additional
Single Names have been reviewed by
the ICE Risk Department, the ICC
Trading Advisory Committee and the
ICC Risk Committee.
ICC believes that the clearing of the
Additional Single Names will facilitate
the prompt and accurate settlement of
4 Per discussions with ICC, the Commission has
made minor modifications to the text of the
summaries prepared by ICC to correct the name of
the Index and statutory references. Telephone
conference between Michelle Weiler, Assistant
General Counsel, ICC, and Andrew Bernstein,
Special Counsel, Securities and Exchange
Commission, Division of Trading and Markets, on
November 14, 2011.
VerDate Mar<15>2010
16:00 Nov 18, 2011
Jkt 226001
security-based swaps and contribute to
the safeguarding of securities and funds
associated with security-based swap
transactions.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
ICC does not believe the proposed
rule change would 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
Written comments relating to the
proposed rule change have not been
solicited or received. ICC will notify the
Commission of any written comments
received by ICC.
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)
of the Act and paragraph (f) of Rule
19b–4 thereunder. 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 email to rulecomments@sec.gov. Please include File
Number SR–ICC–2011–04 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–ICC–2011–04. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
PO 00000
Frm 00085
Fmt 4703
Sfmt 4703
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 Section, 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 filings
will also be available for inspection and
copying at the principal office of ICE
Clear Credit and on ICE Clear Credit’s
Web site at https://www.theice.com/
publicdocs/regulatory_filings/
ICEClearCredit_110711.pdf.
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–ICC–2011–04 and should
be submitted on or before December 12,
2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.5
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–29870 Filed 11–18–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65741; File No. SR–CBOE–
2011–100]
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Notice of Filing and
Immediate Effectiveness of Proposed
Rule Change To Renew Existing Pilot
Program for an Additional Fourteen
Months
November 14, 2011.
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
4, 2011, Chicago Board Options
Exchange, Incorporated (‘‘CBOE’’ or
‘‘Exchange’’) filed with the Securities
5 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
1 15
E:\FR\FM\21NON1.SGM
21NON1
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Notices
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
CBOE proposes to renew an existing
pilot program for an additional fourteen
months. Under the existing pilot
program, the Exchange is permitted to
list P.M.-settled options on broad-based
indexes that expire on: (a) Any Friday
of the month, other than the third
Friday-of-the-month (‘‘End of Week
Expirations’’), and (b) the last trading
day of the month (‘‘End of Month
Expirations’’). The text of the rule
proposal 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
self-regulatory organization included
statements concerning the purpose of
and basis for the proposed rule change
and discussed any comments it received
on the proposed rule change. The text
of those statements may be examined at
the places specified in Item IV below.
The Exchange has prepared summaries,
set forth in sections A, B, and C below,
of the most significant parts of such
statements.
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
emcdonald on DSK5VPTVN1PROD with NOTICES
1. Purpose
On September 14, 2010, the
Commission approved a CBOE proposal
to establish a pilot program under
which the Exchange is permitted to list
P.M.-settled options on broad-based
indexes to expire on (a) Any Friday of
the month, other than the third Fridayof-the-month (‘‘End of Week
Expirations’’ or ‘‘EOWs’’), and (b) the
last trading day of the month (‘‘End of
5 See Securities Exchange Act Release No. 62911
(September 14, 2010), 75 FR 57539 (September 21,
2010) (order approving SR–CBOE–2009–075).
3 15
U.S.C. 78s(b)(3)(A)(iii).
4 17 CFR 240.19b–4(f)(6).
VerDate Mar<15>2010
16:00 Nov 18, 2011
Month Expirations’’ or ‘‘EOMs’’).5
Under the terms of the End of Week/End
of Month Expirations Pilot Program
(‘‘Program’’), EOWs and EOMs are
permitted on any broad-based index that
is eligible for regular options trading.
EOWs and EOMs are cash-settled and
have European-style exercise. The
proposal became effective on a pilot
basis for a period of fourteen months
that commenced on the next full month
after approval was received to establish
the Program and the Program is
scheduled to expire on December 14,
2011. CBOE believes that the Program
has been successful and well received
by its Trading Permit Holders and the
investing public during that the time
that it has been in operation. The
Exchange hereby proposes to extend the
Program for an additional fourteen
months, so that it will expire on
February 14, 2013. This proposal does
not request any other changes to the
Program.
Pursuant to the order approving the
establishment of the Program, two
months prior to the conclusion of the
pilot period, CBOE is required to submit
an annual report to the Commission,
which addresses the following areas:
Analysis of Volume & Open Interest,
Monthly Analysis of EOW & EOM
Trading Patterns and Provisional
Analysis of Index Price Volatility. The
Exchange has submitted, under separate
cover, the annual report in connection
with the present proposed rule change.
Confidential treatment under the
Freedom of Information Act is requested
regarding the annual report.
If, in the future, the Exchange
proposes an additional extension of the
Program, or should the Exchange
propose to make the Program permanent
(which the Exchange currently intends
to do), the Exchange will submit an
annual report (addressing the same
areas referenced above and consistent
with the order approving the
establishment of the Program) to the
Commission at least two months prior to
the expiration date of the Program. The
annual report will be provided to the
Commission on a confidential basis.
Any positions established under the
Program will not be impacted by the
expiration of the Program.
The Exchange believes there is
sufficient investor interest and demand
in the Program to warrant its extension.
The Exchange believes that the Program
has provided investors with additional
means of managing their risk exposures
and carrying out their investment
Jkt 226001
PO 00000
Frm 00086
Fmt 4703
Sfmt 4703
72017
objectives. Furthermore, the Exchange
has not experienced any adverse market
effects with respect to the Program.
The Exchange believes that the
proposed extension of the Program will
not have an adverse impact on capacity.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) 6 of the Securities Exchange
Act of 1934 (the ‘‘Act’’) and the rules
and regulations under the Act, in
general, and furthers the objectives of
Section 6(b)(5),7 in particular, in that it
is designed to promote just and
equitable principles of trade, to remove
impediments to and perfect the
mechanism of a free and open market
and a national market system, and, in
general to protect investors and the
public interest. Specifically, the
Exchange believes that the Pilot has
been successful to date and states that
it has not encountered any problems
with the Pilot. Additionally, the
Exchange believes that there is demand
for the expirations offered under the
Pilot and believes that that EOWs and
EOMs will continue to provide the
investing public and other market
participants increased opportunities to
better manage their risk exposure.
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
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
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,
provided that the self-regulatory
organization has given the Commission
written notice of its intent to file the
6 15
7 15
E:\FR\FM\21NON1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
21NON1
72018
Federal Register / Vol. 76, No. 224 / Monday, November 21, 2011 / Notices
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 proposed rule change
has become effective pursuant to
Section 19(b)(3)(A) of the Act 8 and Rule
19b–4(f)(6) thereunder.9
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:
emcdonald on DSK5VPTVN1PROD with NOTICES
Electronic Comments
• Use the Commission’s Internet
comment form (https://www.sec.gov/
rules/sro.shtml); or
• Send an email to rulecomments@sec.gov. Please include File
Number SR–CBOE–2011–100 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–2011–100. This file
number should be included on the
subject line if email is used. To help the
Commission process and review your
comments more efficiently, please use
only one method. The Commission will
post all comments on the Commission’s
Internet Web site (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
publicly available. All submissions
should refer to File Number SR–CBOE–
2011–100 and should be submitted on
or before December 12, 2011.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.10
Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011–29869 Filed 11–18–11; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–65745; File No. SR–Phlx–
2011–149]
Self-Regulatory Organizations;
NASDAQ OMX PHLX LLC; Notice of
Filing of Proposed Rule Change
Relating to the Exchange Rule 795,
Member Officer or Director
November 14, 2011.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 2 thereunder,
notice is hereby given that on November
3, 2011, NASDAQ OMX PHLX LLC
(‘‘Phlx’’ or ‘‘Exchange’’) filed with the
Securities and Exchange Commission
(‘‘SEC’’ or ‘‘Commission’’) the proposed
rule change as described in Items I, II,
and III below, which Items have been
prepared by the Exchange. The
Commission is publishing this notice to
solicit comments on the proposed rule
change from interested persons.
I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The Exchange proposes to eliminate
Exchange Rule 795 entitled ‘‘Member
Officer or Director.’’
The text of the proposed rule change
is available on the Exchange’s Web site
at https://www.nasdaqtrader.com/
micro.aspx?id=PHLXRulefilings, at the
principal office of the Exchange, 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.
8 15
U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(6).
VerDate Mar<15>2010
16:00 Nov 18, 2011
1 15
Jkt 226001
PO 00000
Frm 00087
Fmt 4703
Sfmt 4703
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 these
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 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 purpose of the proposed rule
change is to eliminate Exchange Rule
795 entitled ‘‘Member Officer or
Director.’’ The Exchange does not
believes it is necessary for a member,
who is an officer or director of a
corporation engaged in a securities
business or a member who owns or
controls, directly or indirectly, a
corporation engaged in a securities
business, to obtain the written
permission of the Exchange. The
Exchange believes that this Rule is
unnecessary and is not pertinent to the
Exchange’s business or regulatory
obligations. In addition, the Exchange is
able to ascertain other business
relationships of an officer or director
from disclosures made by members on
a Uniform Application for Securities
Industry Registration or Transfer (‘‘Form
U4’’).
Exchange Rule 795 was adopted prior
to demutualization 3 at a time in the
Exchange’s history when it operated as
a member-owned organization. The
Exchange believes that there may have
been an interest at that time to be
notified of and for the Exchange to
approve a member’s role in another
entity. The Exchange has not utilized
this Rule in a long time 4 and does not
believe that it should be in a position to
control a member’s role in another
entity. In addition, the Exchange is
unable to locate such a rule at other
options exchanges.
The Exchange does require
prospective members to complete
applications as prescribed in Exchange
Rule 900.2 entitled ‘‘Membership
3 The Exchange demutualized in 2004. See
Securities Exchange Act 49098 (January 16, 2004),
69 FR 3974 (January 27, 2004) (SR–Phlx–2003–73).
4 The Exchange has not utilized this Rule in over
ten years.
E:\FR\FM\21NON1.SGM
21NON1
Agencies
[Federal Register Volume 76, Number 224 (Monday, November 21, 2011)]
[Notices]
[Pages 72016-72018]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29869]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-65741; File No. SR-CBOE-2011-100]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Notice of Filing and Immediate Effectiveness of Proposed
Rule Change To Renew Existing Pilot Program for an Additional Fourteen
Months
November 14, 2011.
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 4, 2011, Chicago Board Options Exchange, Incorporated
(``CBOE'' or ``Exchange'') filed with the Securities
[[Page 72017]]
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
CBOE proposes to renew an existing pilot program for an additional
fourteen months. Under the existing pilot program, the Exchange is
permitted to list P.M.-settled options on broad-based indexes that
expire on: (a) Any Friday of the month, other than the third Friday-of-
the-month (``End of Week Expirations''), and (b) the last trading day
of the month (``End of Month Expirations''). The text of the rule
proposal 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 self-regulatory organization
included statements concerning the purpose of and basis for the
proposed rule change and discussed any comments it received on the
proposed rule change. The text of those statements may be examined at
the places specified in Item IV below. The Exchange has prepared
summaries, set forth in sections A, B, and C below, of the most
significant parts of such statements.
A. Self-Regulatory Organization's Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule Change
1. Purpose
On September 14, 2010, the Commission approved a CBOE proposal to
establish a pilot program under which the Exchange is permitted to list
P.M.-settled options on broad-based indexes to expire on (a) Any Friday
of the month, other than the third Friday-of-the-month (``End of Week
Expirations'' or ``EOWs''), and (b) the last trading day of the month
(``End of Month Expirations'' or ``EOMs'').\5\ Under the terms of the
End of Week/End of Month Expirations Pilot Program (``Program''), EOWs
and EOMs are permitted on any broad-based index that is eligible for
regular options trading. EOWs and EOMs are cash-settled and have
European-style exercise. The proposal became effective on a pilot basis
for a period of fourteen months that commenced on the next full month
after approval was received to establish the Program and the Program is
scheduled to expire on December 14, 2011. CBOE believes that the
Program has been successful and well received by its Trading Permit
Holders and the investing public during that the time that it has been
in operation. The Exchange hereby proposes to extend the Program for an
additional fourteen months, so that it will expire on February 14,
2013. This proposal does not request any other changes to the Program.
---------------------------------------------------------------------------
\5\ See Securities Exchange Act Release No. 62911 (September 14,
2010), 75 FR 57539 (September 21, 2010) (order approving SR-CBOE-
2009-075).
---------------------------------------------------------------------------
Pursuant to the order approving the establishment of the Program,
two months prior to the conclusion of the pilot period, CBOE is
required to submit an annual report to the Commission, which addresses
the following areas: Analysis of Volume & Open Interest, Monthly
Analysis of EOW & EOM Trading Patterns and Provisional Analysis of
Index Price Volatility. The Exchange has submitted, under separate
cover, the annual report in connection with the present proposed rule
change. Confidential treatment under the Freedom of Information Act is
requested regarding the annual report.
If, in the future, the Exchange proposes an additional extension of
the Program, or should the Exchange propose to make the Program
permanent (which the Exchange currently intends to do), the Exchange
will submit an annual report (addressing the same areas referenced
above and consistent with the order approving the establishment of the
Program) to the Commission at least two months prior to the expiration
date of the Program. The annual report will be provided to the
Commission on a confidential basis. Any positions established under the
Program will not be impacted by the expiration of the Program.
The Exchange believes there is sufficient investor interest and
demand in the Program to warrant its extension. The Exchange believes
that the Program has provided investors with additional means of
managing their risk exposures and carrying out their investment
objectives. Furthermore, the Exchange has not experienced any adverse
market effects with respect to the Program.
The Exchange believes that the proposed extension of the Program
will not have an adverse impact on capacity.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) \6\ of the Securities Exchange Act of 1934 (the
``Act'') and the rules and regulations under the Act, in general, and
furthers the objectives of Section 6(b)(5),\7\ in particular, in that
it is designed to promote just and equitable principles of trade, to
remove impediments to and perfect the mechanism of a free and open
market and a national market system, and, in general to protect
investors and the public interest. Specifically, the Exchange believes
that the Pilot has been successful to date and states that it has not
encountered any problems with the Pilot. Additionally, the Exchange
believes that there is demand for the expirations offered under the
Pilot and believes that that EOWs and EOMs will continue to provide the
investing public and other market participants increased opportunities
to better manage their risk exposure.
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78f(b).
\7\ 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
No written comments were solicited or received with respect to the
proposed rule change.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule 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, provided that the self-regulatory
organization has given the Commission written notice of its intent to
file the
[[Page 72018]]
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 proposed rule change has become effective
pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-4(f)(6)
thereunder.\9\
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\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6).
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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 email to rule-comments@sec.gov. Please include
File Number SR-CBOE-2011-100 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-2011-100. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (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 publicly available. All
submissions should refer to File Number SR-CBOE-2011-100 and should be
submitted on or before December 12, 2011.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\10\
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\10\ 17 CFR 200.30-3(a)(12).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2011-29869 Filed 11-18-11; 8:45 am]
BILLING CODE 8011-01-P