Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Making a Clerical Correction to the Grandfathered Rules, 38107-38108 [2012-15493]

Download as PDF Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Notices would be sufficient to mitigate such concerns? • Do commenters believe that the characterization of the proposed options as options on the ‘‘ISE Max SPY Index’’ would have the potential to cause investor confusion? If so, why? If not, why not? If so, what are commenters’ views on whether any potential confusion would be sufficiently mitigated by the steps that ISE has proposed to take to provide investors with information about the product? 119 Please be specific in your response. Comments may be submitted by any of the following methods: rmajette on DSK2TPTVN1PROD 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–ISE–2012–22 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–ISE–2012–22. 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– 2012–22 and should be submitted on or before August 10, 2012. Rebuttal comments should be submitted by August 27, 2012. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.120 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2012–15489 Filed 6–25–12; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–67224; File No. SR–BX– 2012–040] Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Making a Clerical Correction to the Grandfathered Rules June 20, 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 June 7, 2012, NASDAQ OMX BX, Inc. (‘‘BX’’ or ‘‘Exchange’’), filed with the Securities and Exchange Commission (‘‘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 Grandfathered Rules. The text of the proposed rule change is available at https://nasdaq.cchwallstreet.com, at the Exchange’s principal office, 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 120 17 CFR 200.30–3(a)(57). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 1 15 119 See id. VerDate Mar<15>2010 15:33 Jun 25, 2012 Jkt 226001 PO 00000 Frm 00075 Fmt 4703 Sfmt 4703 38107 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 Exchange proposes to make administrative changes and correct inadvertent typographical errors to the Exhibit 5 to SR–BX–2012–036 3 (‘‘2012– 036 Exhibit 5’’) so that the text properly reflects the changes as intended in the purpose section of SR–BX–2012–036. SR–BX–2012–036 was filed for immediate effectiveness on May 14, 2012. The administrative changes and typographical errors to 2012–036 Exhibit 5 are explained below: The Grandfathered BSE Rules Chapter I–B ends in a comma. The comma is being deleted and a period is being added. In Chapter XVIII— Conduct, Section 4, the language ‘‘provided in’’ was added to the 2012– 036 Exhibit 5, but it should have been underlined to denote that it was new text. In addition, a reference to BX Rules 9126, should read BX Rule 9126. As proposed an ‘‘s’’ in the word Rules, is being deleted from the rule text. Chapter XXXIII, Section 7 had a single bracket (‘‘[’’) denoting that text was going to be removed before the word Article that should not have been placed in the 2012–036 Exhibit 5. It was intended that that word remain in the rule text. In Chapter XXXIV, Section 4, a reference to BX Rule 9000 and a reference to BX Rule 9216 was added to the rule text. However, in both places, BX should have been underlined to denote that it was new text. Grandfathered Boston Options Exchange Group LLC Rules In Chapter 1, Section 1 (9), the word ‘‘a’’ was added as new text, which as proposed will be deleted. In Chapter II, Section 1(c), the language ‘‘of the Boston Stock Exchange, Inc. (‘‘Constitution’’)’’, should have been removed, the opening bracket was added, to the 2012–036 Exhibit 5, but the closing bracket was not added. The Exchange is proposing to add the closing bracket to properly note what language should have been deleted. Section 6 added the word Reserved to the Rule text; however, it should have been underlined to denote that it was new text. 3 Securities Exchange Act Release No. 67009 (May 17, 2012), 77 FR 30566 (May 23, 2012) (SR–BX– 2012–036). E:\FR\FM\26JNN1.SGM 26JNN1 38108 Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Notices In Chapter V, an extra closing bracket was added to the deletions to 2012–036 Exhibit 5. The extra bracket will be removed to clarify that the entire section will be deleted. In Chapter VI, Section 4, BX Rules 9000 Series should have been underlined to denote new text. In Chapter X, the Exchange added ‘‘See also BX Rule 9216’’ to the 2012–036 Exhibit 5. The Exchange now proposes to add that section reference to the end of the sentence rather than in the middle of the sentence. In addition, the following sentence, which follows that reference, should begin with a capital ‘‘T.’’ Finally, where ‘‘BX Rules 9000 Series’’ was added to the 2012–036 Exhibit 5, the word Series was not underlined to denote that it was new text. 2. Statutory Basis The Exchange believes that the proposed rule change is consistent with the provisions of Section 6 of the Act,4 in general, and with Section 6(b)(5) of the Act,5 in particular, in that the proposal 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. The proposed rule change is consistent with these provisions in that it will allow the Exchange to make administrative changes and correct inadvertent typographical errors. B. Self-Regulatory Organization’s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. C. Self-Regulatory Organization’s Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others The Exchange has neither solicited nor received comments on the proposed rule change. rmajette on DSK2TPTVN1PROD with NOTICES III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action This proposed rule change is filed pursuant to paragraph (A) of section 19(b)(3) of the Exchange Act 6 and Rule 19b–4(f)(6) thereunder.7 This proposed rule change does not significantly affect 4 15 U.S.C. 78f. 5 15 U.S.C. 78f(b)(5). 6 15 U.S.C. 78s(b)(3)(A). 7 17 CFR 240.19b–4(f)(6). VerDate Mar<15>2010 15:33 Jun 25, 2012 Jkt 226001 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 after the date of the filing, or such shorter time as the Commission may designate if consistent with the protection of investors and the public interest. 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–BX–2012–040 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–2012–040. 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 PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 also will be available for inspection and copying at the principal offices 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– 2012–040, and should be submitted on or before July 17, 2012. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8 Kevin M. O’Neill, Deputy Secretary. [FR Doc. 2012–15493 Filed 6–25–12; 8:45 am] BILLING CODE 8011–01–P SECURITIES AND EXCHANGE COMMISSION [Release No. 34–67227; File No. SR–FICC– 2012–05] Self-Regulatory Organizations; Fixed Income Clearing Corporation; Notice of Filing of Proposed Rule Change To Amend the Rules Regarding the GCF Repo Service To Adopt Changes Recommended by the Tri-Party Repo Infrastructure Reform Task Force June 20, 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 June 8, 2012, the Fixed Income Clearing Corporation (‘‘FICC’’) filed with the Securities and Exchange Commission (‘‘Commission’’) the proposed rule change as described in Items I and II below, which Items have been prepared primarily by FICC. 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 purpose of the proposed rule change is to seek the Commission’s approval to extend the pilot program (the ‘‘Pilot Program’’) that is currently in effect for certain aspects of the GCF Repo service®.3 FICC is requesting that the Pilot Program be extended for one year following the date of the 8 17 CFR 200.30–3(a)(12). U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. 3 GCF Repo is a registered trademark of FICC/ DTCC. 1 15 E:\FR\FM\26JNN1.SGM 26JNN1

Agencies

SECURITIES AND EXCHANGE COMMISSION

[Federal Register Volume 77, Number 123 (Tuesday, June 26, 2012)]
[Notices]
[Pages 38107-38108]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-15493]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67224; File No. SR-BX-2012-040]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change Making a
Clerical Correction to the Grandfathered Rules

June 20, 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 June 7, 2012, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange''), filed
with the Securities and Exchange Commission (``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 Grandfathered Rules. The text of
the proposed rule change is available at https://nasdaq.cchwallstreet.com, at the Exchange's principal office, 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 Exchange proposes to make administrative changes and correct
inadvertent typographical errors to the Exhibit 5 to SR-BX-2012-036 \3\
(``2012-036 Exhibit 5'') so that the text properly reflects the changes
as intended in the purpose section of SR-BX-2012-036. SR-BX-2012-036
was filed for immediate effectiveness on May 14, 2012. The
administrative changes and typographical errors to 2012-036 Exhibit 5
are explained below:
---------------------------------------------------------------------------

\3\ Securities Exchange Act Release No. 67009 (May 17, 2012), 77
FR 30566 (May 23, 2012) (SR-BX-2012-036).
---------------------------------------------------------------------------

The Grandfathered BSE Rules
Chapter I-B ends in a comma. The comma is being deleted and a
period is being added. In Chapter XVIII--Conduct, Section 4, the
language ``provided in'' was added to the 2012-036 Exhibit 5, but it
should have been underlined to denote that it was new text. In
addition, a reference to BX Rules 9126, should read BX Rule 9126. As
proposed an ``s'' in the word Rules, is being deleted from the rule
text.
Chapter XXXIII, Section 7 had a single bracket (``['') denoting
that text was going to be removed before the word Article that should
not have been placed in the 2012-036 Exhibit 5. It was intended that
that word remain in the rule text. In Chapter XXXIV, Section 4, a
reference to BX Rule 9000 and a reference to BX Rule 9216 was added to
the rule text. However, in both places, BX should have been underlined
to denote that it was new text.
Grandfathered Boston Options Exchange Group LLC Rules
In Chapter 1, Section 1 (9), the word ``a'' was added as new text,
which as proposed will be deleted. In Chapter II, Section 1(c), the
language ``of the Boston Stock Exchange, Inc. (``Constitution'')'',
should have been removed, the opening bracket was added, to the 2012-
036 Exhibit 5, but the closing bracket was not added. The Exchange is
proposing to add the closing bracket to properly note what language
should have been deleted. Section 6 added the word Reserved to the Rule
text; however, it should have been underlined to denote that it was new
text.

[[Page 38108]]

In Chapter V, an extra closing bracket was added to the deletions
to 2012-036 Exhibit 5. The extra bracket will be removed to clarify
that the entire section will be deleted. In Chapter VI, Section 4, BX
Rules 9000 Series should have been underlined to denote new text. In
Chapter X, the Exchange added ``See also BX Rule 9216'' to the 2012-036
Exhibit 5. The Exchange now proposes to add that section reference to
the end of the sentence rather than in the middle of the sentence. In
addition, the following sentence, which follows that reference, should
begin with a capital ``T.'' Finally, where ``BX Rules 9000 Series'' was
added to the 2012-036 Exhibit 5, the word Series was not underlined to
denote that it was new text.
2. Statutory Basis
The Exchange believes that the proposed rule change is consistent
with the provisions of Section 6 of the Act,\4\ in general, and with
Section 6(b)(5) of the Act,\5\ in particular, in that the proposal 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. The proposed rule change is consistent with these
provisions in that it will allow the Exchange to make administrative
changes and correct inadvertent typographical errors.
---------------------------------------------------------------------------

\4\ 15 U.S.C. 78f.
\5\ 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.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

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

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

This proposed rule change is filed pursuant to paragraph (A) of
section 19(b)(3) of the Exchange Act \6\ and Rule 19b-4(f)(6)
thereunder.\7\ This 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 after the date of the filing, or such shorter
time as the Commission may designate if consistent with the protection
of investors and the public interest. 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.
---------------------------------------------------------------------------

\6\ 15 U.S.C. 78s(b)(3)(A).
\7\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------

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-BX-2012-040 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-2012-040. 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 offices 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-2012-040, and should be
submitted on or before July 17, 2012.

For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
---------------------------------------------------------------------------

\8\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-15493 Filed 6-25-12; 8:45 am]
BILLING CODE 8011-01-P

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