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


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SECURITIES AND EXCHANGE COMMISSION

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


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

June 20, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that 
on June 7, 2012, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange''), filed 
with the Securities and Exchange Commission (``Commission'') the 
proposed rule change as described in Items I and II below, which Items 
have been prepared by the Exchange. The Commission is publishing this 
notice to solicit comments on the proposed rule change from interested 
persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend the Grandfathered Rules. The text of 
the proposed rule change is available at http://nasdaq.cchwallstreet.com, at the Exchange's principal office, and at 
the Commission's Public Reference Room.

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

    In its filing with the Commission, the Exchange included statements 
concerning the purpose of, and basis for, the proposed rule change and 
discussed any comments it received on the proposed rule change. The 
text of these statements may be examined at the places specified in 
Item IV below. The Exchange has prepared summaries, set forth in 
Sections A, B, and C below, of the most significant aspects of such 
statements.

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

1. Purpose
    The Exchange proposes to make administrative changes and correct 
inadvertent typographical errors to the Exhibit 5 to SR-BX-2012-036 \3\ 
(``2012-036 Exhibit 5'') so that the text properly reflects the changes 
as intended in the purpose section of SR-BX-2012-036. SR-BX-2012-036 
was filed for immediate effectiveness on May 14, 2012. The 
administrative changes and typographical errors to 2012-036 Exhibit 5 
are explained below:
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    \3\ Securities Exchange Act Release No. 67009 (May 17, 2012), 77 
FR 30566 (May 23, 2012) (SR-BX-2012-036).
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The Grandfathered BSE Rules
    Chapter I-B ends in a comma. The comma is being deleted and a 
period is being added. In Chapter XVIII--Conduct, Section 4, the 
language ``provided in'' was added to the 2012-036 Exhibit 5, but it 
should have been underlined to denote that it was new text. In 
addition, a reference to BX Rules 9126, should read BX Rule 9126. As 
proposed an ``s'' in the word Rules, is being deleted from the rule 
text.
    Chapter XXXIII, Section 7 had a single bracket (``['') denoting 
that text was going to be removed before the word Article that should 
not have been placed in the 2012-036 Exhibit 5. It was intended that 
that word remain in the rule text. In Chapter XXXIV, Section 4, a 
reference to BX Rule 9000 and a reference to BX Rule 9216 was added to 
the rule text. However, in both places, BX should have been underlined 
to denote that it was new text.
Grandfathered Boston Options Exchange Group LLC Rules
    In Chapter 1, Section 1 (9), the word ``a'' was added as new text, 
which as proposed will be deleted. In Chapter II, Section 1(c), the 
language ``of the Boston Stock Exchange, Inc. (``Constitution'')'', 
should have been removed, the opening bracket was added, to the 2012-
036 Exhibit 5, but the closing bracket was not added. The Exchange is 
proposing to add the closing bracket to properly note what language 
should have been deleted. Section 6 added the word Reserved to the Rule 
text; however, it should have been underlined to denote that it was new 
text.

[[Page 38108]]

    In Chapter V, an extra closing bracket was added to the deletions 
to 2012-036 Exhibit 5. The extra bracket will be removed to clarify 
that the entire section will be deleted. In Chapter VI, Section 4, BX 
Rules 9000 Series should have been underlined to denote new text. In 
Chapter X, the Exchange added ``See also BX Rule 9216'' to the 2012-036 
Exhibit 5. The Exchange now proposes to add that section reference to 
the end of the sentence rather than in the middle of the sentence. In 
addition, the following sentence, which follows that reference, should 
begin with a capital ``T.'' Finally, where ``BX Rules 9000 Series'' was 
added to the 2012-036 Exhibit 5, the word Series was not underlined to 
denote that it was new text.
2. Statutory Basis
    The Exchange believes that the proposed rule change is consistent 
with the provisions of Section 6 of the Act,\4\ in general, and with 
Section 6(b)(5) of the Act,\5\ in particular, in that the proposal is 
designed to promote just and equitable principles of trade, to remove 
impediments to and perfect the mechanism of a free and open market and 
a national market system, and, in general, to protect investors and the 
public interest. The proposed rule change is consistent with these 
provisions in that it will allow the Exchange to make administrative 
changes and correct inadvertent typographical errors.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

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

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

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

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

    This proposed rule change is filed pursuant to paragraph (A) of 
section 19(b)(3) of the Exchange Act \6\ and Rule 19b-4(f)(6) 
thereunder.\7\ This proposed rule change does not significantly affect 
the protection of investors or the public interest, does not impose any 
significant burden on competition, and, by its terms, does not become 
operative for 30 days after the date of the filing, or such shorter 
time as the Commission may designate if consistent with the protection 
of investors and the public interest. At any time within 60 days of the 
filing of the proposed rule change, the Commission summarily may 
temporarily suspend such rule change if it appears to the Commission 
that such action is necessary or appropriate in the public interest, 
for the protection of investors, or otherwise in furtherance of the 
purposes of the Act.
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    \6\ 15 U.S.C. 78s(b)(3)(A).
    \7\ 17 CFR 240.19b-4(f)(6).
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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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to [email protected]. Please include 
File Number SR-BX-2012-040 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy, 
Secretary, Securities and Exchange Commission, 100 F Street NE., 
Washington, DC 20549-1090.

All submissions should refer to File Number SR-BX-2012-040. This file 
number should be included on the subject line if email is used. To help 
the Commission process and review your comments more efficiently, 
please use only one method. The Commission will post all comments on 
the Commission's Internet Web site (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 
a.m. and 3 p.m. Copies of such filing also will be available for 
inspection and copying at the principal offices of the Exchange. All 
comments received will be posted without change; the Commission does 
not edit personal identifying information from submissions. You should 
submit only information that you wish to make available publicly. All 
submissions should refer to File Number SR-BX-2012-040, and should be 
submitted on or before July 17, 2012.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-15493 Filed 6-25-12; 8:45 am]
BILLING CODE 8011-01-P