Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Order Granting Approval to a Proposed Rule Change Relating to Bylaw and Other Changes Concerning the Board of Directors of the Exchange, 8203-8205 [2013-02423]
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Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Notices
Combined License Application (COLA).
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Dated: January 29, 2013.
Antonio Dias,
Technical Advisor, Advisory Committee on
Reactor Safeguards.
[FR Doc. 2013–02478 Filed 2–4–13; 8:45 am]
BILLING CODE 7590–01–P
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COMMISSION
[NRC–2013–0001]
Sunshine Act Meetings
AGENCY HOLDING THE MEETINGS: Nuclear
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8203
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[FR Doc. 2013–02619 Filed 2–1–13; 4:15 pm]
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SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–68766; File No. SR–CBOE–
2012–116]
9:30 a.m. Briefing on the Threat
Environment Assessment (Closed—
Ex. 1)
Self-Regulatory Organizations;
Chicago Board Options Exchange,
Incorporated; Order Granting Approval
to a Proposed Rule Change Relating to
Bylaw and Other Changes Concerning
the Board of Directors of the Exchange
Week of February 25, 2013—Tentative
January 30, 2013.
There are no meetings scheduled for
the week of February 25, 2013.
I. Introduction
On November 30, 2012, the Chicago
Board Options Exchange, Incorporated
(‘‘Exchange’’ or ‘‘CBOE’’) filed with the
Securities and Exchange Commission
(‘‘Commission’’), pursuant to Section
19(b)(1) of the Securities Exchange Act
of 1934 (‘‘Act’’) 1 and Rule 19b–4
thereunder,2 a proposed rule change to
amend its Bylaws concerning the
nomination of Representative Directors,
petition candidates, and the size of the
Thursday, February 21, 2013
Week of March 4, 2013—Tentative
There are no meetings scheduled for
the week of March 4, 2013.
Week of March 11, 2013—Tentative
There are no meetings scheduled for
the week of March 11, 2013.
*
*
*
*
*
*The schedule for Commission
meetings is subject to change on short
notice. To verify the status of meetings,
call (recording)—301–415–1292.
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1 15
2 17
E:\FR\FM\05FEN1.SGM
U.S.C. 78s(b)(1).
CFR 240.19b–4.
05FEN1
8204
Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Notices
Exchange’s Board of Directors
(‘‘Board’’), and to make conforming
changes to the CBOE Certificate of
Incorporation. On December 19, 2012,
the proposed rule change was published
for comment in the Federal Register.3
The Commission received no comments
on the proposed rule change. This order
grants approval to the proposed rule
change.
II. Description of the Proposed Rule
Change
tkelley on DSK3SPTVN1PROD with NOTICES
Compositional Requirements
Determined by the Board
In December of 2011, CBOE amended
its Bylaws and Certificate of
Incorporation to, among other things: (i)
eliminate the requirement that its Board
of Directors be composed of at least 30%
Industry Directors, and (ii) eliminate the
requirement in Section 3.2 of the
Bylaws that the Representative Directors
must be Industry Directors.4 In
connection with these changes, CBOE
also amended Section 3.1 of the Bylaws
to provide that: ‘‘[T]he Board shall
determine from time to time pursuant to
resolution adopted by the Board the
total number of directors, the number of
Non-Industry Directors and Industry
Directors (if any), and the number of
Representative Directors that are NonIndustry Directors and Industry
Directors (if any).’’ 5
CBOE proposed to amend the Bylaws
to expressly provide that any person
nominated by the Representative
Director Nominating Body 6 and any
petition candidate nominated pursuant
to the Section 3.2 of the Bylaws must
satisfy the compositional requirements
determined by the Board pursuant to a
resolution adopted by the Board in
accordance with Section 3.1 designating
the number of Representative Directors
that are Non-Industry Directors and
Industry Directors (if any). CBOE also
proposed to amend Section 3.5 of the
Bylaws relating to the filling of
vacancies on the Board to provide that
the Representative Director Nominating
3 See Securities Exchange Act Release No. 68428
(December 13, 2012), 77 FR 75230 (‘‘Notice’’).
4 See Securities Exchange Act Release Nos. 65682
(November 3, 2011), 76 FR 69780 (November 9,
2011) (SR–CBOE–2011–099) (noticing for
comment); and 65980 (December 15, 2011), 76 FR
79252 (December 21, 2011) (approving SR–CBOE–
2011–099).
5 See CBOE Bylaw 3.1. See also Securities
Exchange Act Release Nos. 65682 (November 3,
2011), 76 FR 69780 at (November 9, 2011) (SR–
CBOE–2011–099) (noticing for comment).
6 The Exchange noted that at all times at least
20% of the directors serving on the Board would
be Representative Directors nominated by the
Representative Director Nominating Body as
provided in Section 3.2 of the Bylaws (or otherwise
selected through the petition process). See Notice,
supra note 3, at 75230.
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Body may only recommend individuals
to fill a vacancy in a Representative
Director position who satisfy those same
compositional requirements.
Board Size Range
Currently, the Bylaws provide that the
Board shall consist of not less than 11
and not more than 23 directors. CBOE
proposed to change the Board size range
such that the Board would consist of not
less than 12 and not more than 16
directors.
Conforming Amendments to Certificate
of Incorporation
Finally, CBOE proposed to make
conforming changes to its Certificate of
Incorporation and to include in its
Certificate of Incorporation that the
Board and/or Nominating and
Governance Committee, as applicable,
shall make determinations as to whether
a director candidate satisfies applicable
qualifications for election as a director
pursuant to and in accordance with
Section 3.1 of the Exchange’s Bylaws,
which is nearly identical to the current
provisions in the Exchange’s existing
Bylaws.
III. Discussion
After careful review, the Commission
finds that the proposed rule change is
consistent with the requirements of the
Act and the rules and regulations
thereunder applicable to a national
securities exchange.7 In particular, the
Commission finds that the proposed
rule change is consistent with Section
6(b)(1) of the Act,8 which requires a
national securities exchange to be so
organized and have the capacity to carry
out the purposes of the Act and to
enforce compliance by its members and
persons associated with its members
with the provisions of the Act; Section
6(b)(3) of the Act,9 which requires that
the rules of a national securities
exchange assure the fair representation
of its members in the selection of its
directors and administration of its
affairs, and provide that one or more
directors shall be representative of
issuers and investors and not be
associated with a member of the
exchange, broker, or dealer (the ‘‘fair
representation requirement’’); and
Section 6(b)(5) of the Act,10 in that it is
designed, among other things, to
prevent fraudulent and manipulative
acts and practices; to promote just and
7 In approving this proposed rule change, the
Commission has considered the proposed rule’s
impact on efficiency, competition, and capital
formation. 15 U.S.C. 78c(f).
8 15 U.S.C. 78f(b)(1).
9 15 U.S.C. 78f(b)(3).
10 15 U.S.C. 78f(b)(5).
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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 Commission believes that the
Exchange’s proposal to expressly
provide that any person nominated by
the Representative Director Nominating
Body 11 and any petition candidate
nominated pursuant to the Section 3.2
of the Bylaws must satisfy the
compositional requirements determined
by the Board pursuant to a resolution
adopted by the Board in accordance
with Section 3.1 of the Bylaws, as well
as the proposal to amend Section 3.5 of
the Bylaws to provide that the
Representative Director Nominating
Body may only recommend individuals
to fill a vacancy in a Representative
Director position who satisfy those same
compositional requirements, are
consistent with Section 6(b) of the
Act,12 including Section 6(b)(3) of the
Act.13 The Exchange’s proposal would
not impact its current process to ensure
fair representation of its Trading Permit
Holders in the selection of its directors
and administration of its affairs as
required by Section 6(b)(3) of the Act.14
Specifically, the proposed changes are
consistent with the changes to the
Bylaws that CBOE made in December of
2011 and simply reflect the application
of those changes. As the Commission
noted when it approved that prior
proposal, the Commission had
previously approved proposals in which
an exchange’s board of directors was
composed of all or nearly all nonindustry directors where the process
was nevertheless designed to comply
with the ‘‘fair representation’’
requirement in the selection and
election of directors.15
In addition, the Commission believes
that the Exchange’s proposal to change
the Board size range to consist of not
less than 12 and not more than 16
directors is consistent with Section 6(b)
of the Act,16 including Section 6(b)(3) of
11 See
supra note 6.
U.S.C. 78f(b).
13 15 U.S.C. 78f(b)(3). Section 6(b)(3) of the Act
requires that the rules of a national securities
exchange assure the fair representation of its
members in the selection of its directors and
administration of its affairs, and provide that one
or more directors shall be representative of issuers
and investors and not be associated with a member
of the exchange, broker, or dealer.
14 See id.
15 See Securities Exchange Act Release No. 65980
(December 15, 2011), 76 FR 79252 at 79253
(December 21, 2011) (approving SR–CBOE–2011–
099) (citing to Securities Exchange Act Release No.
48946 (December 17, 2003), 68 FR 74678 (December
24, 2003) (approving SR–NYSE–2003–34)).
16 15 U.S.C. 78f(b).
12 15
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Federal Register / Vol. 78, No. 24 / Tuesday, February 5, 2013 / Notices
the Act.17 The Exchange’s proposal
would not impact in any manner its
current process to ensure fair
representation of its Trading Permit
Holders in the selection of its directors
and administration of its affairs as
required by Section 6(b)(3) of the Act.18
Further, the proposed change is
consistent with the current size of
CBOE’s Board and simply narrows the
possible size range from 11 to 23 to 12
to 16.
IV. Conclusion
For the foregoing reasons, the
Commission finds that the proposed
rule change is consistent with the Act
and the rules and regulations
thereunder applicable to a national
securities exchange.
It is therefore ordered, pursuant to
Section 19(b)(2) of the Act,19 that the
proposed rule change (SR–CBOE–2012–
116) be and hereby is approved.
For the Commission, by the Division of
Trading and Markets, pursuant to delegated
authority.20
Kevin M. O’Neill,
Deputy Secretary.
[FR Doc. 2013–02423 Filed 2–4–13; 8:45 am]
SECURITIES AND EXCHANGE
COMMISSION
[Release No. 34–68761; File No SR–
NASDAQ–2013–013]
Self-Regulatory Organizations; The
NASDAQ Stock Market LLC; Notice of
Filing and Immediate Effectiveness of
a Proposed Rule Change To Modify
Chapter XV, Section 2 of the Rules
Governing the NASDAQ Options
Market, NASDAQ’s Facility for
Executing and Routing Standardized
Equity and Index Options
tkelley on DSK3SPTVN1PROD with NOTICES
January 29, 2013.
Pursuant to Section 19(b)(1) of the
Securities Exchange Act of 1934
(‘‘Act’’),1 and Rule 19b–4 2 thereunder,
notice is hereby given that on January
22, 2013. The NASDAQ Stock Market
LLC (‘‘NASDAQ’’ or ‘‘Exchange’’) filed
with the Securities and Exchange
Commission (‘‘SEC’’ or ‘‘Commission’’)
the proposed rule change as described
in Items I, II, and III below, which Items
have been prepared by NASDAQ. The
Commission is publishing this notice to
U.S.C. 78f(b)(3).
id.
19 15 U.S.C. 78s(b)(2).
20 17 CFR 200.30–3(a)(12).
1 15 U.S.C. 78s(b)(1).
2 17 CFR 240.19b–4.
18 See
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I. Self-Regulatory Organization’s
Statement of the Terms of Substance of
the Proposed Rule Change
The NASDAQ Stock Market LLC
proposes to modify Chapter XV, Section
2 of the rules governing the NASDAQ
Options Market.
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. 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
BILLING CODE 8011–01–P
17 15
solicit comments on the proposed rule
change from interested persons.
NASDAQ proposes to modify Chapter
XV, entitled ‘‘Options Pricing,’’ at
Section 2(1) governing the rebates and
fees assessed for option orders entered
into NOM, by limiting the transactions
to which ‘‘Customer’’ fees and rebates
apply and by adding a new ‘‘BrokerDealer’’ category. The Exchange will
apply the new Broker-Dealer fees and
rebates rather than Customer fees and
rebates to transactions for the account of
a broker or dealer that are currently
assessed at Customer rates. Transactions
that are subject to the new Broker-Dealer
fee category will no longer be
considered ‘‘Customer’’ transactions for
any purpose in Chapter XV, including
rebates.
There is currently NOM pricing for
five separate categories of market
participants: Customer, Professional,
Firm, Non-NOM Market Maker and
NOM Market Maker. ‘‘Customer’’
pricing currently applies to any
transaction that is identified for clearing
in the Customer range at The Options
Clearing Corporation (‘‘OCC’’) which is
not for the account of a Professional.3
3 See Securities Exchange Act Release No. 64494
(May 13, 2011), 76 FR 29014 (May 19, 2011) (SR–
NASDAQ–2011–066) (‘‘Professional Filing’’). In this
filing, the Exchange addressed the perceived
favorable pricing of Professionals who were
assessed fees and paid rebates like a Customer prior
to the filing. The Exchange noted in that filing that
a Professional, unlike a retail Customer, has access
to sophisticated trading systems that contain
functionality not available to retail Customers.
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8205
NOM now proposes to further limit the
‘‘Customer’’ fee category so that it does
not apply to transactions identified for
clearing in the Customer range at OCC
that are for the account of a broker or
dealer. Going forward, these
transactions for the account of a broker
or dealer that are currently charged
‘‘Customer’’ fees will be charged under
the new ‘‘Broker-Dealer’’ fee category.
The new Broker-Dealer category
would be an addition to the existing fee
categories. Broker-Dealer transactions
will be any transactions that do not fall
within any of the other categories.4 As
discussed above, transactions currently
identified for clearing in the Customer
range at OCC for the account of a broker
or dealer will fall within the new
Broker-Dealer category. The Exchange
proposes to charge transactions in the
Broker-Dealer category the same fees
charged for transactions currently in the
Firm category, and to provide the same
rebates offered with respect to
transactions in the Firm category.
Additionally, the Exchange currently
pays NOM Participants a tiered Rebate
to Add Liquidity in Penny Pilot Options
based on the volume of Customer and
Professional orders they execute on the
Exchange. Orders for brokers and
dealers that currently fall within the
Customer pricing category and that will
now fall within the Broker-Dealer
pricing category will no longer be
eligible for this rebate. However, BrokerDealer orders, just like Firm orders, will
count toward Total Volume for purposes
of calculating the Tier 5 Rebate to Add
Liquidity in Penny Pilot Options.
Section 2(2) is being amended to
reflect that, like transactions in the Firm
fee category, Broker-Dealer transactions
will be assessed the Fee for Removing
Liquidity during the Exchange’s
Opening Cross.
Finally, the Exchange is eliminating
Section 2(3), Closing Cross, as
unnecessary. The Exchange no longer
conducts a closing cross and the fees are
no longer applicable to any transactions.
2. Statutory Basis
NASDAQ believes that the proposed
rule changes are consistent with the
provisions of Section 6 of the Act,5 in
general, and with Section 6(b)(4) of the
Act,6 in particular, in that it provides for
the equitable allocation of reasonable
dues, fees and other charges among
members and issuers and other persons
4 The other categories are Customer, Professional
Firm, Non-NOM Market Maker and NOM Market
Maker.
5 15 U.S.C. 78f.
6 15 U.S.C. 78f(b)(4).
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]]>Agencies
[Federal Register Volume 78, Number 24 (Tuesday, February 5, 2013)]
[Notices]
[Pages 8203-8205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-02423]
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SECURITIES AND EXCHANGE COMMISSION
[Release No. 34-68766; File No. SR-CBOE-2012-116]
Self-Regulatory Organizations; Chicago Board Options Exchange,
Incorporated; Order Granting Approval to a Proposed Rule Change
Relating to Bylaw and Other Changes Concerning the Board of Directors
of the Exchange
January 30, 2013.
I. Introduction
On November 30, 2012, the Chicago Board Options Exchange,
Incorporated (``Exchange'' or ``CBOE'') filed with the Securities and
Exchange Commission (``Commission''), pursuant to Section 19(b)(1) of
the Securities Exchange Act of 1934 (``Act'') \1\ and Rule 19b-4
thereunder,\2\ a proposed rule change to amend its Bylaws concerning
the nomination of Representative Directors, petition candidates, and
the size of the
[[Page 8204]]
Exchange's Board of Directors (``Board''), and to make conforming
changes to the CBOE Certificate of Incorporation. On December 19, 2012,
the proposed rule change was published for comment in the Federal
Register.\3\ The Commission received no comments on the proposed rule
change. This order grants approval to the proposed rule change.
---------------------------------------------------------------------------
\1\ 15 U.S.C. 78s(b)(1).
\2\ 17 CFR 240.19b-4.
\3\ See Securities Exchange Act Release No. 68428 (December 13,
2012), 77 FR 75230 (``Notice'').
---------------------------------------------------------------------------
II. Description of the Proposed Rule Change
Compositional Requirements Determined by the Board
In December of 2011, CBOE amended its Bylaws and Certificate of
Incorporation to, among other things: (i) eliminate the requirement
that its Board of Directors be composed of at least 30% Industry
Directors, and (ii) eliminate the requirement in Section 3.2 of the
Bylaws that the Representative Directors must be Industry Directors.\4\
In connection with these changes, CBOE also amended Section 3.1 of the
Bylaws to provide that: ``[T]he Board shall determine from time to time
pursuant to resolution adopted by the Board the total number of
directors, the number of Non-Industry Directors and Industry Directors
(if any), and the number of Representative Directors that are Non-
Industry Directors and Industry Directors (if any).'' \5\
---------------------------------------------------------------------------
\4\ See Securities Exchange Act Release Nos. 65682 (November 3,
2011), 76 FR 69780 (November 9, 2011) (SR-CBOE-2011-099) (noticing
for comment); and 65980 (December 15, 2011), 76 FR 79252 (December
21, 2011) (approving SR-CBOE-2011-099).
\5\ See CBOE Bylaw 3.1. See also Securities Exchange Act Release
Nos. 65682 (November 3, 2011), 76 FR 69780 at (November 9, 2011)
(SR-CBOE-2011-099) (noticing for comment).
---------------------------------------------------------------------------
CBOE proposed to amend the Bylaws to expressly provide that any
person nominated by the Representative Director Nominating Body \6\ and
any petition candidate nominated pursuant to the Section 3.2 of the
Bylaws must satisfy the compositional requirements determined by the
Board pursuant to a resolution adopted by the Board in accordance with
Section 3.1 designating the number of Representative Directors that are
Non-Industry Directors and Industry Directors (if any). CBOE also
proposed to amend Section 3.5 of the Bylaws relating to the filling of
vacancies on the Board to provide that the Representative Director
Nominating Body may only recommend individuals to fill a vacancy in a
Representative Director position who satisfy those same compositional
requirements.
---------------------------------------------------------------------------
\6\ The Exchange noted that at all times at least 20% of the
directors serving on the Board would be Representative Directors
nominated by the Representative Director Nominating Body as provided
in Section 3.2 of the Bylaws (or otherwise selected through the
petition process). See Notice, supra note 3, at 75230.
---------------------------------------------------------------------------
Board Size Range
Currently, the Bylaws provide that the Board shall consist of not
less than 11 and not more than 23 directors. CBOE proposed to change
the Board size range such that the Board would consist of not less than
12 and not more than 16 directors.
Conforming Amendments to Certificate of Incorporation
Finally, CBOE proposed to make conforming changes to its
Certificate of Incorporation and to include in its Certificate of
Incorporation that the Board and/or Nominating and Governance
Committee, as applicable, shall make determinations as to whether a
director candidate satisfies applicable qualifications for election as
a director pursuant to and in accordance with Section 3.1 of the
Exchange's Bylaws, which is nearly identical to the current provisions
in the Exchange's existing Bylaws.
III. Discussion
After careful review, the Commission finds that the proposed rule
change is consistent with the requirements of the Act and the rules and
regulations thereunder applicable to a national securities exchange.\7\
In particular, the Commission finds that the proposed rule change is
consistent with Section 6(b)(1) of the Act,\8\ which requires a
national securities exchange to be so organized and have the capacity
to carry out the purposes of the Act and to enforce compliance by its
members and persons associated with its members with the provisions of
the Act; Section 6(b)(3) of the Act,\9\ which requires that the rules
of a national securities exchange assure the fair representation of its
members in the selection of its directors and administration of its
affairs, and provide that one or more directors shall be representative
of issuers and investors and not be associated with a member of the
exchange, broker, or dealer (the ``fair representation requirement'');
and Section 6(b)(5) of the Act,\10\ in that it is designed, among other
things, to prevent fraudulent and manipulative acts and practices; 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.
---------------------------------------------------------------------------
\7\ In approving this proposed rule change, the Commission has
considered the proposed rule's impact on efficiency, competition,
and capital formation. 15 U.S.C. 78c(f).
\8\ 15 U.S.C. 78f(b)(1).
\9\ 15 U.S.C. 78f(b)(3).
\10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------
The Commission believes that the Exchange's proposal to expressly
provide that any person nominated by the Representative Director
Nominating Body \11\ and any petition candidate nominated pursuant to
the Section 3.2 of the Bylaws must satisfy the compositional
requirements determined by the Board pursuant to a resolution adopted
by the Board in accordance with Section 3.1 of the Bylaws, as well as
the proposal to amend Section 3.5 of the Bylaws to provide that the
Representative Director Nominating Body may only recommend individuals
to fill a vacancy in a Representative Director position who satisfy
those same compositional requirements, are consistent with Section 6(b)
of the Act,\12\ including Section 6(b)(3) of the Act.\13\ The
Exchange's proposal would not impact its current process to ensure fair
representation of its Trading Permit Holders in the selection of its
directors and administration of its affairs as required by Section
6(b)(3) of the Act.\14\ Specifically, the proposed changes are
consistent with the changes to the Bylaws that CBOE made in December of
2011 and simply reflect the application of those changes. As the
Commission noted when it approved that prior proposal, the Commission
had previously approved proposals in which an exchange's board of
directors was composed of all or nearly all non-industry directors
where the process was nevertheless designed to comply with the ``fair
representation'' requirement in the selection and election of
directors.\15\
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\11\ See supra note 6.
\12\ 15 U.S.C. 78f(b).
\13\ 15 U.S.C. 78f(b)(3). Section 6(b)(3) of the Act requires
that the rules of a national securities exchange assure the fair
representation of its members in the selection of its directors and
administration of its affairs, and provide that one or more
directors shall be representative of issuers and investors and not
be associated with a member of the exchange, broker, or dealer.
\14\ See id.
\15\ See Securities Exchange Act Release No. 65980 (December 15,
2011), 76 FR 79252 at 79253 (December 21, 2011) (approving SR-CBOE-
2011-099) (citing to Securities Exchange Act Release No. 48946
(December 17, 2003), 68 FR 74678 (December 24, 2003) (approving SR-
NYSE-2003-34)).
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In addition, the Commission believes that the Exchange's proposal
to change the Board size range to consist of not less than 12 and not
more than 16 directors is consistent with Section 6(b) of the Act,\16\
including Section 6(b)(3) of
[[Page 8205]]
the Act.\17\ The Exchange's proposal would not impact in any manner its
current process to ensure fair representation of its Trading Permit
Holders in the selection of its directors and administration of its
affairs as required by Section 6(b)(3) of the Act.\18\ Further, the
proposed change is consistent with the current size of CBOE's Board and
simply narrows the possible size range from 11 to 23 to 12 to 16.
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\16\ 15 U.S.C. 78f(b).
\17\ 15 U.S.C. 78f(b)(3).
\18\ See id.
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IV. Conclusion
For the foregoing reasons, the Commission finds that the proposed
rule change is consistent with the Act and the rules and regulations
thereunder applicable to a national securities exchange.
It is therefore ordered, pursuant to Section 19(b)(2) of the
Act,\19\ that the proposed rule change (SR-CBOE-2012-116) be and hereby
is approved.
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\19\ 15 U.S.C. 78s(b)(2).
For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\20\
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\20\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-02423 Filed 2-4-13; 8:45 am]
BILLING CODE 8011-01-P
