Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update References in Rules

Federal Register, Volume 77 Issue 152 (Tuesday, August 7, 2012)

Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)

Notices

Pages 47147-47148

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2012-19287

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SECURITIES AND EXCHANGE COMMISSION

Release No. 34-67560; File No. SR-CBOE-2012-072

Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Update References in Rules

August 1, 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 July 26, 2012, Chicago Board Options Exchange, Incorporated (the ``Exchange'' or CBOE'') filed with the Securities and Exchange Commission (the ``Commission'') the proposed rule change as described in Items I, II and III 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.

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\1\ 15 U.S.C. 78s(b)(1).

\2\ 17 CFR 240.19b-4.

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1. Self-Regulatory Organization's Statement of the Terms of Substance of the Proposed Rule Change

   The Exchange proposes to update references in the CBOE Rules. The text of the proposed rule change is available on the Exchange's Web site (http://www.cboe.com/AboutCBOE/CBOELegalRegulatoryHome.aspx), at the Exchange's Office of the Secretary, and at the Commission's Public Reference Room.

2. 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.

   1. Self-Regulatory Organization's Statement of the Purpose of, and the Statutory Basis for, the Proposed Rule Change

      1. Purpose

         The Exchange proposes to amend its Rule 8.7.--Obligations of Market-Makers, Rule 8.51.--Firm Disseminated Market Quotes and Rule 43.14.--Firm Quotations to update references. Each of these rules refers to Rule 11Ac1-1 under the Securities Exchange Act of 1934 (``Exchange Act''). However, as of August 29, 2005, the Securities and Exchange Commission (the ``Commission'') adopted new rules under Regulation National Market System (``Regulation NMS''), which redesignated the national market system rules that previously existed under Rule 11Ac1-1. Therefore, the Exchange proposes to update each of the references to Rule 11Ac1-1. All general references to Rule 11Ac1-1 in CBOE Rules 8.7, 8.51, and 43.14 will now refer to Rule 602 of Regulation NMS.

         Additionally, the term ``Responsible Broker or Dealer'' as referenced in CBOE Rule 8.51 as having the meaning prescribed in Rule 11Ac1-1 will now have the meaning prescribed in Rule 600(b)(65) of Regulation NMS (the definition of the term did not substantively change, only the reference). In CBOE Rule 43.14--Firm Quotations, reference to Rule 11Ac1-1(b)(3), which contains provisions regarding relieving responsible brokers or dealers of obligations in unusual market conditions, will now refer to Rule 602(a)(3) of Regulation NMS (where such provisions are now contained). Additionally, in CBOE Rule 43.14, reference to Rule 11Ac1-1(c)(3), which contains exceptions from execution obligations for responsible brokers and dealers, will now refer to Rule 602(b)(3) of Regulation NMS (where such exceptions are now contained).

         The Exchange also proposes to add an end-parentheses that was mistakenly left out of the end of paragraph (a)(1) of Rule 8.51.

      2. Statutory Basis

         The Exchange believes the proposed rule change is consistent with the Act and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.\3\ Specifically, the Exchange believes the proposed rule change is consistent with the Section 6(b)(5) \4\ requirements 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.

         Page 47148

         Updating Rules 8.7, 8.51, and 43.14 provides clarity to the Exchange's rule references. The proposed rule updates (and added end-parentheses) eliminate confusion, thereby removing impediments to, and perfecting the mechanism for a free and open market and a national market system, and, in general, protecting investors and the public interest.

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         \3\ 15 U.S.C. 78f(b).

         \4\ 15 U.S.C. 78f(b)(5).

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   2. Self-Regulatory Organization's Statement on Burden on Competition

      CBOE does not believe that the proposed rule change will impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act.

   3. 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.

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

   Because the foregoing proposed rule change does not:

   1. Significantly affect the protection of investors or the public interest;

   2. Impose any significant burden on competition; and

   3. 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) \5\ of the Act and Rule 19b-4(f)(6) \6\ thereunder.

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   \5\ 15 U.S.C. 78s(b)(3)(A).

   \6\ 17 CFR 240.19b-4(f)(6).

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   At any time within 60 days of the filing of this 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.

4. 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 (http://www.sec.gov/rules/sro.shtml); or

   Send an email to rule-comments@sec.gov. Please include File Number SR-CBOE-2012-072 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-CBOE-2012-072. 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 (http://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-CBOE-2012-072 and should be submitted on or before August 28, 2012.

   For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.\7\

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   \7\ 17 CFR 200.30-3(a)(12).

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   Kevin M. O'Neill,

   Deputy Secretary.

   FR Doc. 2012-19287 Filed 8-6-12; 8:45 am

   BILLING CODE 8011-01-P