Self-Regulatory Organizations; C2 Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to AIM and SAM, 60163-60165 [2012-24170]
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Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Notices
exchanges (this number does not
include CBOE’s affiliate, C2 Options
Exchange) for order flow.14
CBOE is constrained in pricing the
Data by the availability to market
participants of alternatives to
purchasing the Data. CBOE must
consider the extent to which market
participants would choose one or more
alternatives instead of purchasing the
exchange’s data. As noted above,
SuperDerivatives, Markit, Prism, and
Bloomberg are some of the market data
vendors that offer market data products
that would compete with the Service
Also, OCC makes similar data available
at no cost, thus constraining CBOE’s
ability to price the Data. The vendor
proprietary data and the OCC data are
significant alternatives to the MDX Data.
Further, other self-regulatory
organizations as well as broker-dealers
and alternative trading systems can
potentially produce their own option
valuation products and thus are sources
of potential competition for MDX.
The number of market data vendors
that sell valuations is relatively limited.
The Exchange believes that MDX can be
a low cost provider of valuations in this
competitive environment.
For the reasons cited above, the
Exchange believes the CBOE
Customized Option Valuation Service
offering, including the proposed fees, is
equitable, reasonable and not unfairly
discriminatory. In addition, the
Exchange believes that no substantial
countervailing basis exists to support a
finding that the proposed terms and fees
for the Service fails to meet the
requirements of the Act.
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposed
rule change.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
wreier-aviles on DSK5TPTVN1PROD with NOTICES
The foregoing rule change has become
effective pursuant to Section
19(b)(3)(A) 15 of the Act and paragraph
(f) of Rule 19b–4 16 thereunder. At any
time within 60 days of the filing of the
proposed rule change, the Commission
14 The Commission has previously made a finding
that the options industry is subject to significant
competitive forces. See e.g., Securities Exchange
Act Release No. 59949 (May 20, 2009), 74 FR 25593
(May 28, 2009) (SR–ISE–2009–97) (order approving
ISE’s proposal to establish fees for a real-time depth
of market data offering).
15 15 U.S.C. 78s(b)(3)(A).
16 17 CFR 240.19b–4(f).
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15:04 Oct 01, 2012
Jkt 229001
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.
60163
2012–090 and should be submitted on
or before October 23, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.17
Kevin M. O’Neill,
Deputy Secretary.
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:
[FR Doc. 2012–24169 Filed 10–1–12; 8:45 am]
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–2012–090 on the
subject line.
Self-Regulatory Organizations; C2
Options Exchange, Incorporated;
Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change Related to AIM and SAM
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
100 F Street NE., Washington, DC
20549.
All submissions should refer to File
Number SR–CBOE–2012–090. 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
available publicly. All submissions
should refer to File Number SR–CBOE–
PO 00000
Frm 00063
Fmt 4703
Sfmt 4703
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67929; File No. SR–C2–
2012–034]
September 26, 2012.
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
September 21, 2012, the C2 Options
Exchange, Incorporated (‘‘Exchange’’ or
‘‘C2’’) 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 Exchange has
designated the proposal as a ‘‘noncontroversial’’ proposed rule change
pursuant to Section 19(b)(3)(A) 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
The Exchange is proposing to make
amendments to its rules pertaining to
certain auction mechanisms. The text of
the proposed rule change is available on
the Exchange’s Web site (https://
www.c2exchange.com/Legal/
RuleFilings.aspx), at the Exchange’s
Office of the Secretary and at the
Commission.
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
17 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 15 U.S.C. 78s(b)(3)(A).
4 17 CFR 240.19b–4(f)(6).
1 15
E:\FR\FM\02OCN1.SGM
02OCN1
60164
Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Notices
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.
wreier-aviles on DSK5TPTVN1PROD with NOTICES
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Under Rule 6.51, Automated
Improvement Mechanism (‘‘AIM’’), a
Trading Permit Holder that represents
agency orders may electronically
execute an order it represents as agency
(an ‘‘Agency Order’’) against principal
interest and/or against solicited orders
provided it submits the Agency Order
for execution into the AIM auction
process. Under Rule 6.52, Solicitation
Auction Mechanism (‘‘SAM’’), a Trading
Permit Holder that represents agency
orders may electronically execute an
Agency Order against solicited orders
provided it submits the Agency Order
for electronic execution into the SAM
auction process, under which both the
Agency Order and the solicited order
will be designated in the C2 System as
all-or-none. The Exchange is proposing
to make certain changes detailed below
to these auction trading rules.
First, currently the AIM and SAM
auctions each in relevant part provide
that auction responses may be modified
or canceled during the auction response
period. The only way to modify a
response would be for a Trading Permit
Holder to cancel a prior response then
submit a new response. As a result, the
Exchange believes that the references to
modifying responses in the rule text are
unnecessary. Therefore, the Exchange is
proposing to delete references to
modifying responses in Rules 6.51(b)(1)
and 6.52(b)(1), respectively.
Second, normally an auction would
conclude after 1 second in the case of
an AIM or SAM auction. In addition,
respective AIM and SAM auction
provisions set out various circumstances
during which an auction would
conclude early. Currently, the
provisions are silent on what would
happen in the event the option series is
subject to a trading halt while an
auction is ongoing. In such an event, the
relevant auction would conclude early
and the Agency Order would execute (or
not execute) in accordance with the
allocation provisions set out in the
relevant rules. Therefore, the Exchange
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15:04 Oct 01, 2012
Jkt 229001
is proposing to amend Rules 6.51(b)(2)
and 6.52(b)(2), respectively, to indicate
that an auction would conclude early in
the event of a trading halt in the series
on the Exchange and the Agency Order
would execute (or not execute) in
accordance with the allocation
provisions set out in the relevant rules.5
(b) Statutory Basis 6
The Exchange believes the proposed
rule change is consistent with Section
6(b) of the Act 7 in general and furthers
the objectives of Section 6(b)(5) of the
Act 8 in particular in that it should
promote just and equitable principles of
trade, serve to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and protect investors and the
public interest. In particular, the
Exchange believes that the refinements
being proposed in this rule change filing
should serve to further those objectives
by more clearly and fully describing
certain aspects of the operation of the
AIM and SAM auction processes.
2. Statutory Basis
The Exchange believes the proposed
rule change is consistent with Section
6(b) of the Act 9 in general and furthers
the objectives of Section 6(b)(5) of the
Act 10 in particular in that it should
promote just and equitable principles of
trade, serve to remove impediments to
and perfect the mechanism of a free and
open market and a national market
system, and protect investors and the
public interest. In particular, the
Exchange believes that the refinements
being proposed in this rule change filing
should serve to further those objectives
by more clearly and fully describing
certain aspects of the operation of the
AIM and SAM auction processes.
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 that is not
necessary or appropriate in furtherance
of the purposes of the Act.
5 The Exchange notes that NASDAQ OMX PHLX
LLC (‘‘Phlx’’) has a similar provision within its
electronic auction rules related to the early
conclusion of an auction due to a trading halt. See
Phlx Rule 1080(n).
6 The Commission notes that the Exchange has
repeated this paragraph under Section I.A.2
(Statutory Basis).
7 15 U.S.C. 78f(b).
8 15 U.S.C. 78f(b)(5).
9 15 U.S.C. 78f(b).
10 15 U.S.C. 78f(b)(5).
PO 00000
Frm 00064
Fmt 4703
Sfmt 4703
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants, or Others
The Exchange neither solicited nor
received comments on the proposal.
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule
change 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 after the date of
the filing, or such shorter time as the
Commission may designate, it has
become effective pursuant to Section
19(b)(3)(A) of the Act 11 and Rule 19b–
4(f)(6) 12 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–C2–2012–034 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–C2–2012–034. 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
11 15
12 17
E:\FR\FM\02OCN1.SGM
U.S.C. 78s(b)(3)(A).
CFR 240.19b–4(f)(6).
02OCN1
Federal Register / Vol. 77, No. 191 / Tuesday, October 2, 2012 / Notices
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
10:00 a.m. and 3:00 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–C2–
2012–034 and should be submitted on
or before October 23, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–24170 Filed 10–1–12; 8:45 am]
BILLING CODE 8011–01–P
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–67931; File No. SR–FICC–
2012–06]
Self-Regulatory Organizations; Fixed
Income Clearing Corporation; Order
Approving Proposed Rule Change to
Move the Time at Which the MortgageBacked Securities Division Runs Its
Daily Morning Pass
wreier-aviles on DSK5TPTVN1PROD with NOTICES
September 26, 2012.
I. Introduction
On August 6, 2012, the Fixed Income
Clearing Corporation (‘‘FICC’’) filed
with the Securities and Exchange
Commission (‘‘Commission’’) proposed
rule change SR–FICC–2012–06 pursuant
to Section 19(b)(1) of the Securities
Exchange Act of 1934 (‘‘Act’’),1 and
Rule 19b–4 thereunder.2 The proposed
rule change was published for comment
in the Federal Register on August 20,
2012.3 The Commission received no
13 17
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
3 Securities Exchange Act Release No. 67653
(August 14, 2012), 77 FR 50198 (August 20, 2012).
1 15
VerDate Mar<15>2010
15:04 Oct 01, 2012
Jkt 229001
comment letters regarding the proposal.
For the reasons discussed below, the
Commission is granting approval of the
proposed rule change.
II. Description
FICC proposes to move the time at
which its Mortgage-Backed Securities
Division (‘‘MBSD’’) runs its first
processing pass of the day from 2:00
p.m. to 4:00 p.m. Eastern Standard
Time. The proposed change does not
require revisions to MBSD’s rules
because those rules do not address the
times of MBSD’s processing passes.
MBSD currently runs its first
processing pass of the day (historically
referred to as the ‘‘AM Pass’’) at 2:00
p.m. Eastern Standard Time. MBSD also
executes an evening pass (referred to as
the ‘‘PM Pass’’) at 8:00 p.m. Eastern
Standard Time, which will remain
unchanged. On days when MBSD
executes its to-be-announced netting
cycle, this cycle immediately follows
the completion of the first pass of the
day. The proposed change to 4:00 p.m.
for the first pass of the day will allow
more trades to be included in the to-beannounced net, which will assist in
reducing both the amount of fails in the
market and the related operational risk.
The proposed change is being made at
the request of the Securities Industry
and Financial Markets Association
(‘‘SIFMA’’) MBS Operations Committee.
MBSD advised members of the proposed
change via an Important Notice dated
August 1, 2012.
III. Discussion
Section 19(b)(2)(C) of the Act 4 directs
the Commission to approve a selfregulatory organization’s proposed rule
change if it determines that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder
applicable to such organization. Section
17A(b)(3)(F) of the Act 5 requires, among
other things, that the rules of a clearing
agency be designed to promote the
prompt and accurate clearance and
settlement of security transactions, and
to assure the safeguarding of securities
and funds that are in the custody or
control of such clearing agency, or for
which it is responsible.
The Commission concludes that the
proposed rule change is consistent with
the requirements of the Act and the
rules and regulations thereunder
applicable to FICC. The proposed rule
change will help to maximize the
number of trades that are included in
the to-be-announced netting process.
4 15
5 15
PO 00000
U.S.C. 78s(b)(2)(C).
U.S.C. 78q–1(b)(3)(F).
Frm 00065
Fmt 4703
Sfmt 4703
60165
This, in turn, should reduce the number
of trades that ultimately fail, and will
temper the attendant operational risk, as
well. The proposed change will
therefore foster the prompt and accurate
clearance and settlement of security
transactions, and assure the
safeguarding of securities and funds in
FICC’s custody or control, or for which
FICC is responsible.
IV. Conclusion
On the basis of the foregoing, the
Commission finds that the proposal is
consistent with the requirements of the
Act, in particular with the requirements
of Section 17A of the Act 6 and the rules
and regulations thereunder.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,7 that the
proposed rule change (File No. SR–
FICC–2012–06) be and hereby is
APPROVED.8
For the Commission by the Division of
Trading and Markets, pursuant to delegated
authority.9
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–24171 Filed 10–1–12; 8:45 am]
BILLING CODE 8011–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Agency Information Collection
Activities: Requests for Comments;
Clearance of Renewed Approval of
Information Collection: Flight
Operational Quality Assurance (FOQA)
Program
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice and request for
comments.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, FAA
invites public comments about our
intention to request the Office of
Management and Budget (OMB)
approval to renew an information
collection. Flight Operational Quality
Assurance (FOQA) is a program for the
routine collection and analysis of digital
flight data from airline operations,
including but not limited to digital
flight data currently collected pursuant
to existing regulatory provisions. The
FAA requires certificate holders who
SUMMARY:
6 15
U.S.C. 78q–1.
U.S.C. 78s(b)(2).
8 In approving the proposed rule change, the
Commission considered the proposal’s impact on
efficiency, competition, and capital formation. 15
U.S.C. 78c(f).
9 17 CFR 200.30–3(a)(12).
7 15
E:\FR\FM\02OCN1.SGM
02OCN1
Agencies
[Federal Register Volume 77, Number 191 (Tuesday, October 2, 2012)]
[Notices]
[Pages 60163-60165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24170]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-67929; File No. SR-C2-2012-034]
Self-Regulatory Organizations; C2 Options Exchange, Incorporated;
Notice of Filing and Immediate Effectiveness of Proposed Rule Change
Related to AIM and SAM
September 26, 2012.
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 September 21, 2012, the C2 Options Exchange, Incorporated
(``Exchange'' or ``C2'') 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 Exchange has designated the proposal as a ``non-
controversial'' proposed rule change pursuant to Section 19(b)(3)(A) 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).
\4\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change
The Exchange is proposing to make amendments to its rules
pertaining to certain auction mechanisms. The text of the proposed rule
change is available on the Exchange's Web site (https://www.c2exchange.com/Legal/RuleFilings.aspx), at the Exchange's Office of
the Secretary and at the Commission.
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
[[Page 60164]]
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
Under Rule 6.51, Automated Improvement Mechanism (``AIM''), a
Trading Permit Holder that represents agency orders may electronically
execute an order it represents as agency (an ``Agency Order'') against
principal interest and/or against solicited orders provided it submits
the Agency Order for execution into the AIM auction process. Under Rule
6.52, Solicitation Auction Mechanism (``SAM''), a Trading Permit Holder
that represents agency orders may electronically execute an Agency
Order against solicited orders provided it submits the Agency Order for
electronic execution into the SAM auction process, under which both the
Agency Order and the solicited order will be designated in the C2
System as all-or-none. The Exchange is proposing to make certain
changes detailed below to these auction trading rules.
First, currently the AIM and SAM auctions each in relevant part
provide that auction responses may be modified or canceled during the
auction response period. The only way to modify a response would be for
a Trading Permit Holder to cancel a prior response then submit a new
response. As a result, the Exchange believes that the references to
modifying responses in the rule text are unnecessary. Therefore, the
Exchange is proposing to delete references to modifying responses in
Rules 6.51(b)(1) and 6.52(b)(1), respectively.
Second, normally an auction would conclude after 1 second in the
case of an AIM or SAM auction. In addition, respective AIM and SAM
auction provisions set out various circumstances during which an
auction would conclude early. Currently, the provisions are silent on
what would happen in the event the option series is subject to a
trading halt while an auction is ongoing. In such an event, the
relevant auction would conclude early and the Agency Order would
execute (or not execute) in accordance with the allocation provisions
set out in the relevant rules. Therefore, the Exchange is proposing to
amend Rules 6.51(b)(2) and 6.52(b)(2), respectively, to indicate that
an auction would conclude early in the event of a trading halt in the
series on the Exchange and the Agency Order would execute (or not
execute) in accordance with the allocation provisions set out in the
relevant rules.\5\
---------------------------------------------------------------------------
\5\ The Exchange notes that NASDAQ OMX PHLX LLC (``Phlx'') has a
similar provision within its electronic auction rules related to the
early conclusion of an auction due to a trading halt. See Phlx Rule
1080(n).
---------------------------------------------------------------------------
(b) Statutory Basis \6\
---------------------------------------------------------------------------
\6\ The Commission notes that the Exchange has repeated this
paragraph under Section I.A.2 (Statutory Basis).
---------------------------------------------------------------------------
The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \7\ in general and furthers the objectives of
Section 6(b)(5) of the Act \8\ in particular in that it should promote
just and equitable principles of trade, serve to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and protect investors and the public interest. In
particular, the Exchange believes that the refinements being proposed
in this rule change filing should serve to further those objectives by
more clearly and fully describing certain aspects of the operation of
the AIM and SAM auction processes.
---------------------------------------------------------------------------
\7\ 15 U.S.C. 78f(b).
\8\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
2. Statutory Basis
The Exchange believes the proposed rule change is consistent with
Section 6(b) of the Act \9\ in general and furthers the objectives of
Section 6(b)(5) of the Act \10\ in particular in that it should promote
just and equitable principles of trade, serve to remove impediments to
and perfect the mechanism of a free and open market and a national
market system, and protect investors and the public interest. In
particular, the Exchange believes that the refinements being proposed
in this rule change filing should serve to further those objectives by
more clearly and fully describing certain aspects of the operation of
the AIM and SAM auction processes.
---------------------------------------------------------------------------
\9\ 15 U.S.C. 78f(b).
\10\ 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 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 neither solicited nor received comments on the
proposal.
III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action
Because the foregoing proposed rule change 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 after the date of the filing, or such
shorter time as the Commission may designate, it has become effective
pursuant to Section 19(b)(3)(A) of the Act \11\ and Rule 19b-4(f)(6)
\12\ thereunder.
---------------------------------------------------------------------------
\11\ 15 U.S.C. 78s(b)(3)(A).
\12\ 17 CFR 240.19b-4(f)(6).
---------------------------------------------------------------------------
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-C2-2012-034 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-C2-2012-034. 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
[[Page 60165]]
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 10:00 a.m. and 3:00 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-C2-2012-034 and should be submitted on or before October
23, 2012.
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\13\
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\13\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-24170 Filed 10-1-12; 8:45 am]
BILLING CODE 8011-01-P