Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fee Schedule to Define a Market Maker, 11615-11617 [2012-4400]

Download as PDF Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices price points will result in fractured liquidity. B. Self-Regulatory Organization’s Statement on Burden on Competition The proposed rule change does not 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 has not solicited, and does not intend to solicit, comments on this proposed rule change. The Exchange has not received any unsolicited written comments from members or other interested parties. III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Because the foregoing proposed rule change does not significantly affect the protection of investors or the public interest, does not impose any significant burden on competition, and, by its terms, does not become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act 9 and Rule 19b– 4(f)(6) thereunder.10 The Exchange has requested that the Commission waive the 30-day operative delay. The Commission believes that waiver of the operative delay is consistent with the protection of investors and the public interest because the proposal is substantially similar to those of other exchanges that have been approved by the Commission that permit such exchanges to select up to 30 classes to participate in their respective short term option series programs.11 Therefore, the Commission designates the proposal operative upon filing.12 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 9 15 U.S.C. 78s(b)(3)(A). CFR 240.19b–4(f)(6). In addition, Rule 19b– 4(f)(6)(iii) requires the Exchange to give the Commission written notice of the Exchange’s intent to file the proposed rule change, along with a brief description and text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission. The Exchange has satisfied this requirement. 11 See supra note 4. 12 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule’s impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f). srobinson on DSK4SPTVN1PROD with NOTICES 10 17 VerDate Mar<15>2010 18:10 Feb 24, 2012 Jkt 226001 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: 11615 2012–08 and should be submitted on or before March 19, 2012. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.13 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2012–4420 Filed 2–24–12; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION Electronic Comments [Release No. 34–66426; File No. SR–Phlx– 2012–17] • 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–ISE–2012–08 on the subject line. Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending the Fee Schedule to Define a Market Maker 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–ISE–2012–08. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission’s Internet Web site (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 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–ISE– PO 00000 Frm 00136 Fmt 4703 Sfmt 4703 February 21, 2012. 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 February 7, 2012, 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 amend the Preface to its Fee Schedule to add a definition for a ‘‘Market Maker.’’ In addition, the Exchange proposes to delete outdated language in the Preface. The text of the proposed rule change is available on the Exchange’s Web site at https://nasdaqtrader.com/ micro.aspx?id=PHLXfilings, at the principal office of the Exchange, 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 these statements may be examined at the 13 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 E:\FR\FM\27FEN1.SGM 27FEN1 11616 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / 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 aspects of such statements. A. Self-Regulatory Organization’s Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change 1. Purpose srobinson on DSK4SPTVN1PROD with NOTICES The purpose of this rule filing is to define the term ‘‘Market Maker’’ and utilize the term in describing certain market participants with respect to transaction fees. The Exchange believes that utilizing the term ‘‘Market Maker’’ as a category of market participant to describe transaction fees would further clarify the Fee Schedule. The Exchange proposes to amend the Preface to the Fee Schedule to add language to define a ‘‘Market Maker’’ as a Specialist,3 Registered Options Trader (‘‘ROT’’),4 Streaming Quote Trader (‘‘SQT’’),5 and Remote Streaming Quote Trader (‘‘RSQT’’).6 The Exchange proposes to also amend the Fee Schedule to replace the market participant category of ‘‘Specialists, ROTs, SQTs and RSQTs’’ with the term ‘‘Market Maker’’ where transaction fees are specified. As currently noted in the Preface, while Directed Participants are Specialists and ROTs, including SQTs and RSQTs, and therefore Market Makers, they are assessed different transaction fees and are therefore not included in the definition of ‘‘Market Maker’’ for purposes of defining categories of market participants. The Exchange also proposes to delete certain outdated language in the Preface which describes a ROT. The Exchange previously filed a rule change to eliminate a foreign currency options participant from the Exchange’s Rules.7 3 A Specialist is an Exchange member who is registered as an options specialist pursuant to Rule 1020(a). 4 A Registered Option Trader is defined in Exchange Rule 1014(b) as a regular member of the Exchange located on the trading floor who has received permission from the Exchange to trade in options for his own account. A ROT includes SQTs and RSQTs as well as on and off-floor ROTs. 5 An SQT is defined in Exchange Rule 1014(b)(ii)(A) as an ROT who has received permission from the Exchange to generate and submit option quotations electronically in options to which such SQT is assigned. 6 A RSQT is defined in Exchange Rule 1014(b)(ii)(B) as an ROT that is a member or member organization with no physical trading floor presence who has received permission from the Exchange to generate and submit option quotations electronically in options to which such RSQT has been assigned. 7 See Securities Exchange Act Release No. 64338 (April 25, 2011), 76 FR 24069 (April 25, 2011) (SR– Phlx–2011–13) (a rule change, which among other VerDate Mar<15>2010 18:10 Feb 24, 2012 Jkt 226001 The Exchange is proposing to update footnote 7 in the Preface of the Fee Schedule to reflect the current text of Rule 1014 and eliminate the words ‘‘or a foreign currency options participant.’’ The Exchange also proposes to make other grammatical corrections to capitalize the word ‘‘Specialist’’ in the Fee Schedule. 2. Statutory Basis The Exchange believes that its proposal to amend its Fee Schedule is consistent with Section 6(b) of the Act 8 in general, and furthers the objectives of Section 6(b)(4) of the Act 9 in particular, in that it is an equitable allocation of reasonable fees and other charges among Exchange members. The Exchange believes that amending the Fee Schedule to describe Specialists, ROTs, SQTs and RSQTs as Market Makers is reasonable because other exchanges utilize the term Market Maker in their fee descriptions. Also, the Exchange believes that the proposal is equitable and not unfairly discriminatory because the Exchange is proposing to utilize a term that is known among its members to describe a fee category. Also, the Exchange’s definition in the Preface provides guidance on how the term is being utilized in the Fee Schedule as are other market participant terms. The Exchange believes that deleting outdated language is reasonable, equitable and not unfairly discriminatory as the text of the Fee Schedule would be consistent with other Rules. 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 No written comments were either solicited or received. 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 Act.10 At any time within 60 days of the filing of the things, eliminates the foreign currency options participant from the Exchange’s Rules). 8 15 U.S.C. 78f(b). 9 15 U.S.C. 78f(b)(4). 10 15 U.S.C. 78s(b)(3)(A)(ii). PO 00000 Frm 00137 Fmt 4703 Sfmt 4703 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. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved. 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 No. SR–Phlx–2012–17 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 No. SR–Phlx–2012–17. 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 E:\FR\FM\27FEN1.SGM 27FEN1 Federal Register / Vol. 77, No. 38 / Monday, February 27, 2012 / Notices identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File No. SR–Phlx–2012– 17 and should be submitted on or before March 19, 2012. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2012–4400 Filed 2–24–12; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] Jetronic Industries, Inc. (n/k/a New Bastion Development, Inc.), JMAR Technologies, Inc., Kolorfusion International, Inc. Legalopinion.com (n/ k/a Drayton Richdale Corp.), Lifestream Technologies, Inc., Lions Petroleum, Inc., (n/k/a China Hongxing Agritech, Inc.), Luna Technologies International, Inc., Litewave Corp., MDI, Inc., and MobilePro Corp.; Order of Suspension of Trading February 23, 2012. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Jetronic Industries, Inc. (n/k/a New Bastion Development, Inc.) because it has filed only two periodic reports since the period ended January 31, 2000. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of JMAR Technologies, Inc. because it has not filed any periodic reports since the period ended September 30, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Kolorfusion International, Inc. because it has not filed any periodic reports since September 30, 2008. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Legalopinion.com (n/k/a Drayton Richdale Corp.) because it has not filed any periodic reports from the period ended December 31, 2000 through the period ended December 31, 2008, or from the period ended June 30, 2009 through the period ended September 30, 2010. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Lifestream Technologies, Inc. because it has not filed any periodic reports since the period ended March 31, 2006. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Lions Petroleum, Inc. (n/k/a China Hongxing Agritech, Inc.) because it has not filed any periodic reports since the period ended December 31, 2007. It appears to the Securities and Exchange Commission that there is a DATE: SECURITIES AND EXCHANGE COMMISSION [File No. 500–1] PGI Energy, Inc.; Order of Suspension of Trading February 23, 2012. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of PGI Energy, Inc. f/k/a Tensas, Inc. (‘‘PGI Energy’’) because of questions regarding the accuracy and adequacy of representations by PGI Energy in press releases and other public statements concerning the company’s business activities and contracts, and the nature and timing of a dividend the company announced to shareholders. PGI Energy is quoted on OTC Link operated by OTC Markets Group, Inc. under the ticker symbol ‘‘PGIE.’’ The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed company. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the above-listed company is suspended for the period from 9:30 a.m. EST, on February 23, 2012 through 11:59 p.m. EST, on March 7, 2012. srobinson on DSK4SPTVN1PROD with NOTICES By the Commission. Elizabeth M. Murphy, Secretary. [FR Doc. 2012–4618 Filed 2–23–12; 11:15 am] BILLING CODE 8011–01–P 11 17 CFR 200.30–3(a)(12). VerDate Mar<15>2010 18:10 Feb 24, 2012 Jkt 226001 PO 00000 Frm 00138 Fmt 4703 Sfmt 4703 11617 lack of current and accurate information concerning the securities of Luna Technologies International, Inc. because it has not filed any periodic reports since the period ended September 30, 2006. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of Litewave Corp. because it has not filed any periodic reports since the period ended September 30, 2009. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of MDI, Inc. because it has not filed any periodic reports since the period ended September 30, 2009. It appears to the Securities and Exchange Commission that there is a lack of current and accurate information concerning the securities of MobilePro Corp. because it has not filed any periodic reports since the period ended March 31, 2009. The Commission is of the opinion that the public interest and the protection of investors require a suspension of trading in the securities of the above-listed companies. Therefore, it is ordered, pursuant to Section 12(k) of the Securities Exchange Act of 1934, that trading in the securities of the above-listed companies is suspended for the period from 9:30 a.m. EST on February 23, 2012, through 11:59 p.m. EST on March 7, 2012. By the Commission. Jill M. Peterson, Assistant Secretary. [FR Doc. 2012–4619 Filed 2–23–12; 8:45 am] BILLING CODE 8011–01–P SMALL BUSINESS ADMINISTRATION Data Collection Available for Public Comments and Recommendations 60-Day notice and request for comments. 8(a) Business Development Program. ACTION: In accordance with the Paperwork Reduction Act of 1995, this notice announces the Small Business Administration’s intentions to request approval on a new and/or currently approved information collection. DATES: Submit comments on or before April 27, 2012. ADDRESSES: Send all comments regarding whether this information collection is necessary for the proper performance of the function of the agency, whether the burden estimates SUMMARY: E:\FR\FM\27FEN1.SGM 27FEN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Notices]
[Pages 11615-11617]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4400]

-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-66426; File No. SR-Phlx-2012-17]

Self-Regulatory Organizations; NASDAQ OMX PHLX LLC; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Amending the
Fee Schedule to Define a Market Maker

February 21, 2012.
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 February 7, 2012, 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.
---------------------------------------------------------------------------

\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

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

The Exchange proposes to amend the Preface to its Fee Schedule to
add a definition for a ``Market Maker.'' In addition, the Exchange
proposes to delete outdated language in the Preface.
The text of the proposed rule change is available on the Exchange's
Web site at https://nasdaqtrader.com/micro.aspx?id=PHLXfilings, at the
principal office of the Exchange, 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 these statements may be examined at the

[[Page 11616]]

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 the
Statutory Basis for, the Proposed Rule Change

1. Purpose
The purpose of this rule filing is to define the term ``Market
Maker'' and utilize the term in describing certain market participants
with respect to transaction fees. The Exchange believes that utilizing
the term ``Market Maker'' as a category of market participant to
describe transaction fees would further clarify the Fee Schedule.
The Exchange proposes to amend the Preface to the Fee Schedule to
add language to define a ``Market Maker'' as a Specialist,\3\
Registered Options Trader (``ROT''),\4\ Streaming Quote Trader
(``SQT''),\5\ and Remote Streaming Quote Trader (``RSQT'').\6\ The
Exchange proposes to also amend the Fee Schedule to replace the market
participant category of ``Specialists, ROTs, SQTs and RSQTs'' with the
term ``Market Maker'' where transaction fees are specified. As
currently noted in the Preface, while Directed Participants are
Specialists and ROTs, including SQTs and RSQTs, and therefore Market
Makers, they are assessed different transaction fees and are therefore
not included in the definition of ``Market Maker'' for purposes of
defining categories of market participants.
---------------------------------------------------------------------------

\3\ A Specialist is an Exchange member who is registered as an
options specialist pursuant to Rule 1020(a).
\4\ A Registered Option Trader is defined in Exchange Rule
1014(b) as a regular member of the Exchange located on the trading
floor who has received permission from the Exchange to trade in
options for his own account. A ROT includes SQTs and RSQTs as well
as on and off-floor ROTs.
\5\ An SQT is defined in Exchange Rule 1014(b)(ii)(A) as an ROT
who has received permission from the Exchange to generate and submit
option quotations electronically in options to which such SQT is
assigned.
\6\ A RSQT is defined in Exchange Rule 1014(b)(ii)(B) as an ROT
that is a member or member organization with no physical trading
floor presence who has received permission from the Exchange to
generate and submit option quotations electronically in options to
which such RSQT has been assigned.
---------------------------------------------------------------------------

The Exchange also proposes to delete certain outdated language in
the Preface which describes a ROT. The Exchange previously filed a rule
change to eliminate a foreign currency options participant from the
Exchange's Rules.\7\ The Exchange is proposing to update footnote 7 in
the Preface of the Fee Schedule to reflect the current text of Rule
1014 and eliminate the words ``or a foreign currency options
participant.''
---------------------------------------------------------------------------

\7\ See Securities Exchange Act Release No. 64338 (April 25,
2011), 76 FR 24069 (April 25, 2011) (SR-Phlx-2011-13) (a rule
change, which among other things, eliminates the foreign currency
options participant from the Exchange's Rules).
---------------------------------------------------------------------------

The Exchange also proposes to make other grammatical corrections to
capitalize the word ``Specialist'' in the Fee Schedule.
2. Statutory Basis
The Exchange believes that its proposal to amend its Fee Schedule
is consistent with Section 6(b) of the Act \8\ in general, and furthers
the objectives of Section 6(b)(4) of the Act \9\ in particular, in that
it is an equitable allocation of reasonable fees and other charges
among Exchange members.
---------------------------------------------------------------------------

\8\ 15 U.S.C. 78f(b).
\9\ 15 U.S.C. 78f(b)(4).
---------------------------------------------------------------------------

The Exchange believes that amending the Fee Schedule to describe
Specialists, ROTs, SQTs and RSQTs as Market Makers is reasonable
because other exchanges utilize the term Market Maker in their fee
descriptions. Also, the Exchange believes that the proposal is
equitable and not unfairly discriminatory because the Exchange is
proposing to utilize a term that is known among its members to describe
a fee category. Also, the Exchange's definition in the Preface provides
guidance on how the term is being utilized in the Fee Schedule as are
other market participant terms.
The Exchange believes that deleting outdated language is
reasonable, equitable and not unfairly discriminatory as the text of
the Fee Schedule would be consistent with other Rules.

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

No written comments were either solicited or received.

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 Act.\10\ 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. If the Commission takes such action, the
Commission shall institute proceedings to determine whether the
proposed rule should be approved or disapproved.
---------------------------------------------------------------------------

\10\ 15 U.S.C. 78s(b)(3)(A)(ii).
---------------------------------------------------------------------------

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 No. SR-Phlx-2012-17 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 No. SR-Phlx-2012-17. 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

[[Page 11617]]

identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File No. SR-Phlx-2012-17 and should be submitted on or
before March 19, 2012.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

\11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-4400 Filed 2-24-12; 8:45 am]
BILLING CODE 8011-01-P

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