Self-Regulatory Organizations; BOX Options Exchange, LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Increase the Maximum Term for LEAPS to Fifteen Years, 72895-72897 [2012-29453]
Download as PDF
Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Notices
mstockstill on DSK4VPTVN1PROD with
addition to risk management solutions
implemented by Members.
As is currently the case, orders subject
to the Tool will be validated by the
Exchange prior to entering the
Exchange’s matching engine. Based on
parameters provided to the Tool, the
order will be immediately passed on to
the matching engine or rejected back to
the entering Member.
The Exchange does not propose to
require Members to use the Tool.
Members are free to use any appropriate
risk-management tool or service. The
Exchange will not provide preferential
treatment to Members using the Tool.
The Exchange proposes to make the
Tool available to its Members upon
request. The Exchange believes the Tool
will offer the Exchange’s Members
another option in the efficient risk
management of its Members’ access to
BATS Exchange.
2. Statutory Basis
The rule change proposed in this
submission is consistent with the
requirements of the Act and the rules
and regulations thereunder that are
applicable to a national securities
exchange, and, in particular, with the
requirements of Section 6(b) of the Act.7
Specifically, the proposed change is
consistent with Section 6(b)(5) of the
Act,8 because it would promote just and
equitable principles of trade, remove
impediments to, and perfect the
mechanism of, a free and open market
and a national market system, and, in
general, protect investors and the public
interest. The proposed rule change also
is designed to support the principles of
Section 11A(a)(1) 9 in that it seeks to
assure economically efficient execution
of securities transactions, make it
practicable for brokers to execute
investors’ orders in the best market, and
provide an opportunity for investors’
orders to be executed without the
participation of a dealer. Specifically,
the Exchange believes that the proposed
rule change is consistent with all of the
aforementioned principles because it
fosters competition by providing
another option in the efficient risk
management of trading on the Exchange.
In particular, the Exchange notes that
the proposal is consistent with Section
11(A)(a)(1) in that it makes available to
all Exchange Members a Tool that
previously was available only to
Members that provided sponsored
access to Sponsored Participants. The
Exchange notes that a similar
functionality has already been found to
7 15
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
9 15 U.S.C. 78k–1(a)(1).
8 15
VerDate Mar<15>2010
16:42 Dec 05, 2012
Jkt 229001
be consistent with the Act by the
Commission.10
B. Self-Regulatory Organization’s
Statement on Burden on Competition
The Exchange does not believe that
the proposed rule change imposes any
burden on competition.
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 written comments on the
proposed rule change.
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 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 11 and Rule 19b–
4(f)(6)(iii) thereunder.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
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:
72895
100 F Street NE., Washington, DC
20549.
All submissions should refer to File
Number SR–BATS–2012–045. 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
10:00 a.m. and 3:00 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–BATS–
2012–045 and should be submitted on
or before December 27, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.13
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–29456 Filed 12–5–12; 8:45 am]
BILLING CODE 8011–01–P
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–BATS–2012–045 on the
subject line.
Paper Comments
• Send paper comments in triplicate
to Elizabeth M. Murphy, Secretary,
Securities and Exchange Commission,
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–68326; File No. SR–BOX–
2012–018]
Self-Regulatory Organizations; BOX
Options Exchange, LLC; Notice of
Filing and Immediate Effectiveness of
Proposed Rule Change To Increase the
Maximum Term for LEAPS to Fifteen
Years
November 30, 2012.
10 Securities
Exchange Act Release No. 59354
(February 3, 2009), 74 FR 6683 (February 10, 2009)
(SR–NYSE–2008–101) (Approval of NYSE Risk
Management Gateway).
11 15 U.S.C. 78s(b)(3)(A).
12 17 CFR 240.19b–4(f)(6).
PO 00000
Frm 00083
Fmt 4703
Sfmt 4703
Pursuant to Section 19(b)(1) 1 of the
Securities Exchange Act of 1934
13 17
1 15
E:\FR\FM\06DEN1.SGM
CFR 200.30–3(a)(12).
U.S.C. 78s(b)(1).
06DEN1
72896
Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Notices
(‘‘Act’’) 2 and Rule 19b–4 thereunder,3
notice is hereby given that on November
19, 2012, BOX Options Exchange LLC
(the ‘‘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 its
rules to increase the maximum term for
Long-Term Equity Options Series
(‘‘LEAPS’’) to fifteen years. 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://boxexchange.com,
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.
mstockstill on DSK4VPTVN1PROD with
A. Self-Regulatory Organization’s
Statement of the Purpose of, and the
Statutory Basis for, the Proposed Rule
Change
1. Purpose
Long-term equity and index option
series (LEAPS) are similar to standard
options but have maturities that may
expire from 3 to 5 years, respectively,
post initial listing. The purpose of the
proposed rule change is to increase the
maximum term for all LEAPS.
Currently, the maximum term on BOX
for equity LEAPS is 39 months and the
maximum term for index LEAPS is 60
months.
Specifically, the Exchange is
proposing to increase the maximum
term for all LEAPS to 180 months
(fifteen years). The Exchange
understands that market participants
currently enter into over-the-counter
2 15
3 17
16:42 Dec 05, 2012
Jkt 229001
requirements of Section 6(b) of the Act,4
in general, and Section 6(b)(5) of the
Act,5 in particular, that the rules of an
exchange be designed to promote just
and equitable principles of trade, to
prevent fraudulent and manipulative
acts, to remove impediments to and to
perfect the mechanism for a free and
open market and a national market
system, and, in general, to protect
investors and the public interest.
The Exchange believes that the
proposed rule change is designed to
promote just and equitable principles of
trade in that the availability of LEAPS
with longer dated expirations will give
market participants an alternative to
trading similar products in the OTC
market. Trading a product in an
exchange traded environment (that is
currently being used in the OTC market)
will also enable the Exchange to
compete more effectively with the OTC
market.
The Exchange believes that the
proposed rule change is designed to
prevent fraudulent and manipulative
acts and practices in that it will
hopefully lead to the migration of
options currently trading in the OTC
market to trading on BOX. Also, any
migration to BOX from the OTC market
will result in increased market
transparency.
Additionally, the Exchange believes
that the proposed rule change is
designed to remove impediments to and
to perfect the mechanism for a free and
open market and a national market
system, and, in general, to protect
investors and the public interest in that
it should create greater trading and
hedging opportunities and flexibility.
The proposed rule change should also
result in enhanced efficiency in
initiating and closing out positions and
heightened contra-party
creditworthiness due to the role of OCC
as issuer and guarantor of LEAPS.
Further, the proposal will result in
increased competition by permitting the
Exchange to offer products that are
currently used in the OTC market.
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.
2. Statutory Basis
The Exchange believes that the
proposal is consistent with the
U.S.C. 78a.
CFR 240.19b–4.
VerDate Mar<15>2010
(‘‘OTC’’) positions that have longer
dated expirations than are currently
available on BOX. The Exchange would
like to accommodate the needs of BOX
Options Participants by listing LEAPS
with longer dated expirations. BOX is
currently unable to do so because of the
existing term limitations set forth in the
Exchange Rules.
The Exchange believes that expanding
the eligible term for all LEAPS to 180
months is important and necessary to
BOX’s efforts to offer products in an
exchange-traded environment that
compete with OTC products. The
Exchange believes that LEAPS provide
market participants and investors with a
competitive comparable alternative to
the OTC market in long-term options,
which can take on contract
characteristics similar to LEAPS but are
not subject to the same maximum term
restriction. By expanding the eligible
term for LEAPS, market participants
will now have greater flexibility in
determining whether to execute their
long-term options in an exchange
environment or in the OTC market. The
Exchange believes that market
participants can benefit from being able
to trade these long-term options in an
exchange environment in several ways,
including, but not limited to the
following: (1) Enhanced efficiency in
initiating and closing out positions; (2)
increased market transparency; and (3)
heightened contra-party
creditworthiness due to the role of The
Options Clearing Corporation (‘‘OCC’’)
as issuer and guarantor of LEAPS.
The Exchange understands that quote
traffic is always an issue with the
introduction of a new product or a
revision to the terms of a contract, such
as a longer dated LEAPS option. The
Exchange, however, does not expect
there to be a significant increase to
quote traffic since the Exchange
anticipates listing longer dated LEAPS
in response to specific market demand
and does not expect to significantly
populate expirations. In addition, the
Exchange notes that certain liquidity
providers are not subject to quoting
obligations for LEAPs, which will assist
with quote traffic mitigation.
Additionally, the OCC has confirmed
that it can configure its systems to
support LEAPS that have a maximum
term of fifteen years (180 months).
Finally, the Exchange is making
technical, non-substantive changes to
Rule 5070 to delete ‘‘®’’ symbols
PO 00000
Frm 00084
Fmt 4703
Sfmt 4703
4 15
5 15
E:\FR\FM\06DEN1.SGM
U.S.C. 78f(b).
U.S.C. 78f(b)(5).
06DEN1
Federal Register / Vol. 77, No. 235 / Thursday, December 6, 2012 / Notices
72897
C. Self-Regulatory Organization’s
Statement on Comments on the
Proposed Rule Change Received From
Members, Participants or Others
change is consistent with the Act.
Comments may be submitted by any of
the following methods:
SECURITIES AND EXCHANGE
COMMISSION
The Exchange has neither solicited
nor received comments on the proposed
rule change.
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–BOX–2012–018 on the
subject line.
[Release No. 34–68328; File No. SR–MSRB–
2012–10]
III. Date of Effectiveness of the
Proposed Rule Change and Timing for
Commission Action
The Exchange has filed the proposed
rule change pursuant to Section
19(b)(3)(A)(iii) of the Act 6 and Rule
19b–4(f)(6) thereunder.7 Because the
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
prior to 30 days from the date on which
it was filed, or such shorter time as the
Commission may designate if consistent
with the protection of investors and the
public interest, the proposed rule
change has become effective pursuant to
Section 19(b)(3)(A) of the Act 8 and Rule
19b–4(f)(6)(iii) thereunder.9
The Exchange notes that the proposal
is substantially similar to a rule change
proposed by the Chicago Board Options
Exchange Incorporated (‘‘CBOE’’),
which was recently approved by the
Commission.10 The Exchange believes
that this proposed rule change does not
raise any new or unique substantive
issues from those raised in the CBOE
proposal.
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
6 15
U.S.C. 78s(b)(3)(A)(iii).
CFR 240.19b–4(f)(6).
8 15 U.S.C. 78s(b)(3)(A).
9 17 CFR 240.19b–4(f)(6)(iii). 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 the 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 pre-filing requirement.
10 See Securities Exchange Act Release No. 68164
(November 6, 2012), 77 FR 67723 (November 13,
2012) (Order Approving CBOE Proposed Rule
Change to Increase the Maximum Term for LEAPS
to Fifteen Years) (SR–CBOE–2012–071).
mstockstill on DSK4VPTVN1PROD with
7 17
VerDate Mar<15>2010
16:42 Dec 05, 2012
Jkt 229001
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–BOX–2012–018. 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
10:00 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–BOX–
2012–018 and should be submitted on
or before December 27, 2012.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.11
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2012–29453 Filed 12–5–12; 8:45 am]
BILLING CODE 8011–01–P
Self-Regulatory Organizations;
Municipal Securities Rulemaking
Board; Notice of Filing and Immediate
Effectiveness of Proposed Rule
Change To Extend the Implementation
Date of the Requirement To Report the
Contractual Dollar Prices at Which
Transactions Were Executed for InterDealer Transactions
November 30, 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 November
29, 2012, the Municipal Securities
Rulemaking Board (the ‘‘MSRB’’) filed
with the Securities and Exchange
Commission (the ‘‘SEC’’ or
‘‘Commission’’) the proposed rule
change as described in Items I and II
below, which Items have been prepared
by the MSRB. The MSRB has designated
the proposed rule change as constituting
a ‘‘non-controversial’’ rule change under
paragraph (f)(6) of Rule 19b–4 under the
Act,3 which renders the proposal
effective upon receipt of this filing by
the Commission. 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 MSRB is proposing to extend to
March 29, 2013, the implementation
date of a provision in Rule G–14, on
reports of sales or purchases, including
the Rule G–14 RTRS Procedures, and
amendments to the Real-Time
Transaction Reporting System (‘‘RTRS’’)
information system and subscription
service pertaining to a requirement for
brokers, dealers and municipal
securities dealers (collectively
‘‘dealers’’) to report for inter-dealer
transactions the contractual dollar price
at which the transaction was executed.
The text of the proposed rule change
is available on the MSRB’s Web site at
www.msrb.org/Rules-andInterpretations/SEC-Filings/2012Filings.aspx, at the MSRB’s principal
office, and at the Commission’s Public
Reference Room.
1 15
U.S.C. 78s(b)(1).
CFR 240.19b–4.
3 17 CFR 240.19b–4(f)(6).
2 17
11 17
PO 00000
CFR 200.30–3(a)(12).
Frm 00085
Fmt 4703
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E:\FR\FM\06DEN1.SGM
06DEN1
Agencies
[Federal Register Volume 77, Number 235 (Thursday, December 6, 2012)]
[Notices]
[Pages 72895-72897]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29453]
-----------------------------------------------------------------------
SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-68326; File No. SR-BOX-2012-018]
Self-Regulatory Organizations; BOX Options Exchange, LLC; Notice
of Filing and Immediate Effectiveness of Proposed Rule Change To
Increase the Maximum Term for LEAPS to Fifteen Years
November 30, 2012.
Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of
1934
[[Page 72896]]
(``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby given that
on November 19, 2012, BOX Options Exchange LLC (the ``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\ 15 U.S.C. 78a.
\3\ 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 its rules to increase the maximum
term for Long-Term Equity Options Series (``LEAPS'') to fifteen years.
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://boxexchange.com, 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 the
Statutory Basis for, the Proposed Rule Change
1. Purpose
Long-term equity and index option series (LEAPS) are similar to
standard options but have maturities that may expire from 3 to 5 years,
respectively, post initial listing. The purpose of the proposed rule
change is to increase the maximum term for all LEAPS. Currently, the
maximum term on BOX for equity LEAPS is 39 months and the maximum term
for index LEAPS is 60 months.
Specifically, the Exchange is proposing to increase the maximum
term for all LEAPS to 180 months (fifteen years). The Exchange
understands that market participants currently enter into over-the-
counter (``OTC'') positions that have longer dated expirations than are
currently available on BOX. The Exchange would like to accommodate the
needs of BOX Options Participants by listing LEAPS with longer dated
expirations. BOX is currently unable to do so because of the existing
term limitations set forth in the Exchange Rules.
The Exchange believes that expanding the eligible term for all
LEAPS to 180 months is important and necessary to BOX's efforts to
offer products in an exchange-traded environment that compete with OTC
products. The Exchange believes that LEAPS provide market participants
and investors with a competitive comparable alternative to the OTC
market in long-term options, which can take on contract characteristics
similar to LEAPS but are not subject to the same maximum term
restriction. By expanding the eligible term for LEAPS, market
participants will now have greater flexibility in determining whether
to execute their long-term options in an exchange environment or in the
OTC market. The Exchange believes that market participants can benefit
from being able to trade these long-term options in an exchange
environment in several ways, including, but not limited to the
following: (1) Enhanced efficiency in initiating and closing out
positions; (2) increased market transparency; and (3) heightened
contra-party creditworthiness due to the role of The Options Clearing
Corporation (``OCC'') as issuer and guarantor of LEAPS.
The Exchange understands that quote traffic is always an issue with
the introduction of a new product or a revision to the terms of a
contract, such as a longer dated LEAPS option. The Exchange, however,
does not expect there to be a significant increase to quote traffic
since the Exchange anticipates listing longer dated LEAPS in response
to specific market demand and does not expect to significantly populate
expirations. In addition, the Exchange notes that certain liquidity
providers are not subject to quoting obligations for LEAPs, which will
assist with quote traffic mitigation.
Additionally, the OCC has confirmed that it can configure its
systems to support LEAPS that have a maximum term of fifteen years (180
months).
Finally, the Exchange is making technical, non-substantive changes
to Rule 5070 to delete ``[reg]'' symbols
2. Statutory Basis
The Exchange believes that the proposal is consistent with the
requirements of Section 6(b) of the Act,\4\ in general, and Section
6(b)(5) of the Act,\5\ in particular, that the rules of an exchange be
designed to promote just and equitable principles of trade, to prevent
fraudulent and manipulative acts, to remove impediments to and to
perfect the mechanism for a free and open market and a national market
system, and, in general, to protect investors and the public interest.
---------------------------------------------------------------------------
\4\ 15 U.S.C. 78f(b).
\5\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Exchange believes that the proposed rule change is designed to
promote just and equitable principles of trade in that the availability
of LEAPS with longer dated expirations will give market participants an
alternative to trading similar products in the OTC market. Trading a
product in an exchange traded environment (that is currently being used
in the OTC market) will also enable the Exchange to compete more
effectively with the OTC market.
The Exchange believes that the proposed rule change is designed to
prevent fraudulent and manipulative acts and practices in that it will
hopefully lead to the migration of options currently trading in the OTC
market to trading on BOX. Also, any migration to BOX from the OTC
market will result in increased market transparency.
Additionally, the Exchange believes that the proposed rule change
is designed to remove impediments to and to perfect the mechanism for a
free and open market and a national market system, and, in general, to
protect investors and the public interest in that it should create
greater trading and hedging opportunities and flexibility. The proposed
rule change should also result in enhanced efficiency in initiating and
closing out positions and heightened contra-party creditworthiness due
to the role of OCC as issuer and guarantor of LEAPS. Further, the
proposal will result in increased competition by permitting the
Exchange to offer products that are currently used in the OTC market.
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.
[[Page 72897]]
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
The Exchange has filed the proposed rule change pursuant to Section
19(b)(3)(A)(iii) of the Act \6\ and Rule 19b-4(f)(6) thereunder.\7\
Because the 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 prior to
30 days from the date on which it was filed, or such shorter time as
the Commission may designate if consistent with the protection of
investors and the public interest, the proposed rule change has become
effective pursuant to Section 19(b)(3)(A) of the Act \8\ and Rule 19b-
4(f)(6)(iii) thereunder.\9\
---------------------------------------------------------------------------
\6\ 15 U.S.C. 78s(b)(3)(A)(iii).
\7\ 17 CFR 240.19b-4(f)(6).
\8\ 15 U.S.C. 78s(b)(3)(A).
\9\ 17 CFR 240.19b-4(f)(6)(iii). 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 the 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 pre-filing requirement.
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The Exchange notes that the proposal is substantially similar to a
rule change proposed by the Chicago Board Options Exchange Incorporated
(``CBOE''), which was recently approved by the Commission.\10\ The
Exchange believes that this proposed rule change does not raise any new
or unique substantive issues from those raised in the CBOE proposal.
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\10\ See Securities Exchange Act Release No. 68164 (November 6,
2012), 77 FR 67723 (November 13, 2012) (Order Approving CBOE
Proposed Rule Change to Increase the Maximum Term for LEAPS to
Fifteen Years) (SR-CBOE-2012-071).
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At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act.
IV. Solicitation of Comments
Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:
Electronic Comments
Use the Commission's Internet comment form (https://www.sec.gov/rules/sro.shtml); or
Send an email to rule-comments@sec.gov. Please include
File Number SR-BOX-2012-018 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-BOX-2012-018. 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
10:00 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-BOX-2012-018 and should be
submitted on or before December 27, 2012.
For the Commission, by the Division of Trading and Markets, pursuant
to delegated authority.\11\
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\11\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-29453 Filed 12-5-12; 8:45 am]
BILLING CODE 8011-01-P