Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the BOX Trading Rules Regarding the Short Term Option Series Program, 20684-20686 [2012-8173]
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20684
Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices
and, in general, protect investors and
the public interest.
B. Self-Regulatory Organization’s
Statement on Burden on Competition
CBOE does not believe that the
proposed rule change will impose any
burden on competition that is not
necessary or appropriate in furtherance
of the purposes of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
No written comments were solicited
or received with respect to the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The proposed rule change is
designated by the Exchange as
establishing or changing a due, fee, or
other charge, thereby qualifying for
effectiveness on filing pursuant to
Section 19(b)(3)(A) of the Act 13 and
subparagraph (f)(2) of Rule 19b–4 14
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–CBOE–2012–030 on the
subject line.
Tkelley on DSK3SPTVN1PROD with NOTICES
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–2012–030. 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–CBOE–
2012–030 and should be submitted on
or before April 26, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.15
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–8172 Filed 4–4–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–66705; File No. SR–BX–
2012–024]
Self-Regulatory Organizations;
NASDAQ OMX BX, Inc.; Notice of Filing
and Immediate Effectiveness of a
Proposed Rule Change To Amend the
BOX Trading Rules Regarding the
Short Term Option Series Program
March 30, 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 March
29, 2012, NASDAQ OMX BX, Inc. (the
‘‘Exchange’’) filed with the Securities
15 17
13 15
14 17
CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(2).
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16:20 Apr 04, 2012
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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 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
Trading Rules of the Boston Options
Exchange Group, LLC (‘‘BOX’’)
regarding the Short Term Option Series
Program. The text of the proposed rule
change is available from the principal
office of the Exchange, on the
Exchange’s Internet Web site at https://
nasdaqomxbx.cchwallstreet.com/
NASDAQOMXBX/Filings/, 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
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 this proposed rule
change is to amend Supplementary
Material .07 to Chapter IV, Section 6
(Series of Options Open for Trading)
and Supplementary Material .02 to
Chapter XIV, Section 10 (Terms of Index
Options Contracts) to expand the Short
Term Option Series Program (‘‘Weeklys
Program’’).3 Specifically, the Exchange
proposes to amend the BOX Rules to
allow BOX to open short term option
series that are opened by other
securities exchanges in option classes
selected by other exchanges under their
respective short term option rules.
Currently, BOX may select up to 30
currently listed option classes on which
short term option series may be opened
3 The Exchange adopted the Weeklys Program on
July 15, 2010. See Securities Exchange Act Release
No. 62505 (July 15, 2010), 75 FR 42792 (July 22,
2010) (SR–BX–2010–047).
E:\FR\FM\05APN1.SGM
05APN1
Tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices
in the Weeklys Program. BOX may also
match any option classes that are
selected by other securities exchanges
that employ a similar program under
their respective rules. For each option
class eligible for participation in the
Weeklys Program, BOX may open up to
30 short term option series for each
expiration date in that class.
This proposal seeks to allow BOX to
open short term option series that are
opened by other securities exchanges in
option classes selected by other
exchanges under their respective short
term option rules. This change is being
proposed notwithstanding the current
cap of 30 series per class under the
Weeklys Program. This is a competitive
filing and is based on approved filings
and existing rules of The NASDAQ
Stock Market LLC for the NASDAQ
Options Market (‘‘NOM’’) and NASDAQ
OMX PHLX, Inc. (‘‘PHLX’’).4
BOX is competitively disadvantaged
since it operates a substantially similar
Weeklys Program as NOM and PHLX
but is limited to listing a maximum of
30 series per options class that
participates in its Weeklys Program
(whereas PHLX and NOM are not
similarly restricted).
The Exchange is not proposing any
changes to the Weeklys Program other
than the ability to open short term
option series that are opened by other
securities exchanges in option classes
selected by other exchanges under their
respective short term option rules.
BOX notes that the Weeklys Program
has been well-received by market
participants, in particular by retail
investors. BOX believes that the current
proposed revision to the Weeklys
Program will permit BOX to meet
increased customer demand and
provide market participants with the
ability to hedge in a greater number of
option classes and series.
With regard to the impact of this
proposal on system capacity, BOX has
analyzed its capacity and represents that
it and the Options Price Reporting
Authority (‘‘OPRA’’) have the necessary
systems capacity to handle the potential
additional traffic associated with trading
of an expanded number of series for the
classes that participate in the Weeklys
Program.
The proposed increase to the number
of series per classes eligible to
participate in the Weeklys Program is
required for competitive purposes as
well as to ensure consistency and
uniformity among the competing
4 See Securities Exchange Act Release Nos. 65775
(November 17, 2011), 76 FR 72473 (November 23,
2011) (SR–NASDAQ–2011–138) and 65776
(November 17, 2011), 76 FR 72482 (November 23,
2011) (SR–PHLX–2011–131).
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16:20 Apr 04, 2012
Jkt 226001
options exchanges that have adopted
similar Weeklys Programs.
2. Statutory Basis
The Exchange believes that the
proposed rule change is consistent with
Section 6(b) of the Securities Exchange
Act of 1934 5 (the ‘‘Act’’) in general, and
furthers the objectives of Section 6(b)(5)
of the Act 6 in particular, in that it is
designed to prevent fraudulent and
manipulative acts and practices, to
promote just and equitable principles of
trade, to foster cooperation and
coordination with persons engaged in
facilitating transactions in securities, 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. The Exchange believes
that expanding the current short term
options program will result in a
continuing benefit to investors by giving
them more flexibility to closely tailor
their investment decisions and hedging
decisions in greater number of
securities. The Exchange believes that
expanding the current program would
provide the investing public and other
market participants increased
opportunities because an expanded
program would provide market
participants additional opportunities to
hedge their investment thus allowing
these investors to better manage their
risk exposure. While the expansion of
the Weeklys Program will generate
additional quote traffic, the Exchange
does not believe that this increased
traffic will become unmanageable since
the proposal remains limited to a fixed
number of classes.
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. In this regard
and as indicated above, the Exchange
notes that the rule change is being
proposed as a competitive response to
existing NOM and PHLX rules. The
Exchange believes this proposed rule
change is necessary to permit fair
competition among the options
exchanges with respect to their short
term options programs.
5 15
6 15
PO 00000
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
Frm 00076
Fmt 4703
Sfmt 4703
20685
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
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 7 and Rule 19b–
4(f)(6) thereunder.8
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 an exchange to open short
term option series that are opened by
other securities exchanges to participate
in such exchange’s respective short term
option series program.9 Therefore, the
Commission designates the proposal
operative upon filing.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.
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.
7 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.
9 See supra note 4.
10 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).
8 17
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20686
Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices
Comments may be submitted by any of
the following methods:
DEPARTMENT OF STATE
[Public Notice 7841]
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–BX–2012–024 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.
Tkelley on DSK3SPTVN1PROD with NOTICES
All submissions should refer to File
Number SR–BX–2012–024. 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–BX–
2012–024 and should be submitted on
or before April 26, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–8173 Filed 4–4–12; 8:45 am]
BILLING CODE 8011–01–P
11 17
CFR 200.30–3(a)(12).
VerDate Mar<15>2010
16:20 Apr 04, 2012
Jkt 226001
60-Day Notice of Proposed Information
Collections: Two DDTC Brokering
Collections
Notice of request for public
comments.
ACTION:
The Department of State is
seeking Office of Management and
Budget (OMB) approval for the
information collections described
below. The purpose of this notice is to
allow 60 days for public comment in the
Federal Register preceding submission
to OMB. We are conducting this process
in accordance with the Paperwork
Reduction Act of 1995.
These collections were published for
public comment on December 19, 2011
(see 76 FR 78578). On that occasion,
public comment was sought in the
context of the proposed rule regarding
the revision of part 129 of the
International Traffic in Arms
Regulations, which covers brokering of
defense articles and services, and is the
regulatory basis for these collections.
The Department of State is now seeking
OMB approval of the current
collections, without reference to the
changes in the proposed rule. The
revised collections will be submitted for
OMB review and approval in
conjunction with the brokering final
rule.
• Title of Information Collection:
Brokering Prior Approval (License).
• OMB Control Number: 1405–0142.
• Type of Request: Extension of
Currently Approved Collection.
• Originating Office: Bureau of
Political-Military Affairs, Directorate of
Defense Trade Controls, PM/DDTC.
• Form Number: None.
• Respondents: Business and
Nonprofit Organizations.
• Estimated Number of Respondents:
1,515.
• Estimated Number of Responses:
150.
• Average Hours per Response: 2
hours.
• Total Estimated Burden: 300 hours.
• Frequency: On Occasion.
• Obligation to Respond: Required to
Obtain Benefits.
• Title of Information Collection:
Annual Brokering Report.
• OMB Control Number: 1405–0141.
• Type of Request: Extension of
Currently Approved Collection.
• Originating Office: Bureau of
Political-Military Affairs, Directorate of
Defense Trade Controls, PM/DDTC.
• Form Number: None.
SUMMARY:
PO 00000
Frm 00077
Fmt 4703
Sfmt 4703
• Respondents: Business and
Nonprofit Organizations.
• Estimated Number of Respondents:
1,515.
• Estimated Number of Responses:
1,515.
• Average Hours per Response: 2
hours.
• Total Estimated Burden: 3,030
hours.
• Frequency: Annually.
• Obligation to Respond: Mandatory.
DATES: The Department will accept
comments from the public up to 60 days
from April 5, 2012.
ADDRESSES: Comments and questions
should be directed to Nicholas Memos,
Office of Defense Trade Controls Policy,
Department of State, who may be
reached via the following methods:
• Web: Persons with access to the
Internet may view and comment on this
notice by going to the Federal
regulations Web site at
www.regulations.gov. You can search for
the document by: selecting ‘‘Notice’’
under Document Type, entering the
Public Notice number as the ‘‘Keyword
or ID’’, checking the ‘‘Open for
Comment’’ box, and then click
‘‘Search.’’ If necessary, use the ‘‘Narrow
by Agency’’ option on the Results page.
• Email: memosni@state.gov.
• Mail: Nicholas Memos, SA–1, 12th
Floor, Directorate of Defense Trade
Controls, Bureau of Political-Military
Affairs, U.S. Department of State,
Washington, DC 20522–0112.
You must include the information
collection title in the subject lines of
your message/letter.
FOR FURTHER INFORMATION CONTACT:
Direct requests for additional
information regarding the collection
listed in this notice to Nicholas Memos,
PM/DDTC, SA–1, 12th Floor,
Directorate of Defense Trade Controls,
Bureau of Political-Military Affairs, U.S.
Department of State, Washington, DC
20522–0112, who may be reached via
phone at (202) 663–2829, or via email at
memosni@state.gov.
SUPPLEMENTARY INFORMATION:
We are soliciting public comments to
permit the Department to:
• Evaluate whether the proposed
collection of information is necessary
for the proper performance of 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, including the
E:\FR\FM\05APN1.SGM
05APN1
Agencies
[Federal Register Volume 77, Number 66 (Thursday, April 5, 2012)]
[Notices]
[Pages 20684-20686]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8173]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-66705; File No. SR-BX-2012-024]
Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of a Proposed Rule Change To Amend
the BOX Trading Rules Regarding the Short Term Option Series Program
March 30, 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 March 29, 2012, NASDAQ OMX BX, Inc. (the ``Exchange'') filed
with the Securities and Exchange Commission (the ``Commission'') the
proposed rule change as described in Items I and II below, which Items
have been prepared by the Exchange. The 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 Trading Rules of the Boston
Options Exchange Group, LLC (``BOX'') regarding the Short Term Option
Series Program. The text of the proposed rule change is available from
the principal office of the Exchange, on the Exchange's Internet Web
site at https://nasdaqomxbx.cchwallstreet.com/NASDAQOMXBX/Filings/, 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 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 this proposed rule change is to amend Supplementary
Material .07 to Chapter IV, Section 6 (Series of Options Open for
Trading) and Supplementary Material .02 to Chapter XIV, Section 10
(Terms of Index Options Contracts) to expand the Short Term Option
Series Program (``Weeklys Program'').\3\ Specifically, the Exchange
proposes to amend the BOX Rules to allow BOX to open short term option
series that are opened by other securities exchanges in option classes
selected by other exchanges under their respective short term option
rules.
---------------------------------------------------------------------------
\3\ The Exchange adopted the Weeklys Program on July 15, 2010.
See Securities Exchange Act Release No. 62505 (July 15, 2010), 75 FR
42792 (July 22, 2010) (SR-BX-2010-047).
---------------------------------------------------------------------------
Currently, BOX may select up to 30 currently listed option classes
on which short term option series may be opened
[[Page 20685]]
in the Weeklys Program. BOX may also match any option classes that are
selected by other securities exchanges that employ a similar program
under their respective rules. For each option class eligible for
participation in the Weeklys Program, BOX may open up to 30 short term
option series for each expiration date in that class.
This proposal seeks to allow BOX to open short term option series
that are opened by other securities exchanges in option classes
selected by other exchanges under their respective short term option
rules. This change is being proposed notwithstanding the current cap of
30 series per class under the Weeklys Program. This is a competitive
filing and is based on approved filings and existing rules of The
NASDAQ Stock Market LLC for the NASDAQ Options Market (``NOM'') and
NASDAQ OMX PHLX, Inc. (``PHLX'').\4\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release Nos. 65775 (November 17,
2011), 76 FR 72473 (November 23, 2011) (SR-NASDAQ-2011-138) and
65776 (November 17, 2011), 76 FR 72482 (November 23, 2011) (SR-PHLX-
2011-131).
---------------------------------------------------------------------------
BOX is competitively disadvantaged since it operates a
substantially similar Weeklys Program as NOM and PHLX but is limited to
listing a maximum of 30 series per options class that participates in
its Weeklys Program (whereas PHLX and NOM are not similarly
restricted).
The Exchange is not proposing any changes to the Weeklys Program
other than the ability to open short term option series that are opened
by other securities exchanges in option classes selected by other
exchanges under their respective short term option rules.
BOX notes that the Weeklys Program has been well-received by market
participants, in particular by retail investors. BOX believes that the
current proposed revision to the Weeklys Program will permit BOX to
meet increased customer demand and provide market participants with the
ability to hedge in a greater number of option classes and series.
With regard to the impact of this proposal on system capacity, BOX
has analyzed its capacity and represents that it and the Options Price
Reporting Authority (``OPRA'') have the necessary systems capacity to
handle the potential additional traffic associated with trading of an
expanded number of series for the classes that participate in the
Weeklys Program.
The proposed increase to the number of series per classes eligible
to participate in the Weeklys Program is required for competitive
purposes as well as to ensure consistency and uniformity among the
competing options exchanges that have adopted similar Weeklys Programs.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with Section 6(b) of the Securities Exchange Act of 1934 \5\ (the
``Act'') in general, and furthers the objectives of Section 6(b)(5) of
the Act \6\ in particular, in that it is designed to prevent fraudulent
and manipulative acts and practices, to promote just and equitable
principles of trade, to foster cooperation and coordination with
persons engaged in facilitating transactions in securities, 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. The Exchange believes that expanding the current short
term options program will result in a continuing benefit to investors
by giving them more flexibility to closely tailor their investment
decisions and hedging decisions in greater number of securities. The
Exchange believes that expanding the current program would provide the
investing public and other market participants increased opportunities
because an expanded program would provide market participants
additional opportunities to hedge their investment thus allowing these
investors to better manage their risk exposure. While the expansion of
the Weeklys Program will generate additional quote traffic, the
Exchange does not believe that this increased traffic will become
unmanageable since the proposal remains limited to a fixed number of
classes.
---------------------------------------------------------------------------
\5\ 15 U.S.C. 78f(b).
\6\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
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. In this regard and as indicated
above, the Exchange notes that the rule change is being proposed as a
competitive response to existing NOM and PHLX rules. The Exchange
believes this proposed rule change is necessary to permit fair
competition among the options exchanges with respect to their short
term options programs.
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
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 \7\ and Rule 19b-
4(f)(6) thereunder.\8\
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78s(b)(3)(A).
\8\ 17 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.
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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
an exchange to open short term option series that are opened by other
securities exchanges to participate in such exchange's respective short
term option series program.\9\ Therefore, the Commission designates the
proposal operative upon filing.\10\
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\9\ See supra note 4.
\10\ For purposes only of waiving the 30-day operative delay,
the Commission has considered the proposed rule's impact on
efficiency, competition, and capital formation. See 15 U.S.C.
78c(f).
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At any time within 60 days of the filing of 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.
[[Page 20686]]
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-BX-2012-024 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-2012-024. 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-BX-2012-024 and should be
submitted on or before April 26, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\11\
Kevin M. O'Neill,
Deputy Secretary.
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\11\ 17 CFR 200.30-3(a)(12).
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[FR Doc. 2012-8173 Filed 4-4-12; 8:45 am]
BILLING CODE 8011-01-P