[Federal Register Volume 77, Number 130 (Friday, July 6, 2012)]
[Notices]
[Page 40125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-16541]



[[Page 40125]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67327; File No. 4-443]


Joint Industry Plan; Notice of Filing and Immediate Effectiveness 
of Amendment to the Plan for the Purpose of Developing and Implementing 
Procedures To Facilitate the Listing and Trading of Standardized 
Options To Add NASDAQ OMX BX, Inc. as a Sponsor

June 29, 2012.
    Pursuant to Section 11A(a)(3) of the Securities Exchange Act of 
1934 (``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given 
that on June 27, 2012, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') 
filed with the Securities and Exchange Commission (``Commission'') an 
amendment to the Plan for the Purpose of Developing and Implementing 
Procedures to Facilitate the Listing and Trading of Standardized 
Options (``OLPP'').\3\ The amendment proposes to add BX as a Sponsor of 
the OLPP. 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. 78k-1(a)(3).
    \2\ 17 CFR 242.608.
    \3\ On July 6, 2001, the Commission approved the OLPP, which was 
proposed by the American Stock Exchange LLC (``Amex''), Chicago 
Board Options Exchange, Incorporated (``CBOE''), International 
Securities Exchange LLC (``ISE''), Options Clearing Corporation 
(``OCC''), Philadelphia Stock Exchange, Inc. (``Phlx''), and Pacific 
Exchange, Inc. (``PCX'') (n/k/a NYSE Arca). See Securities Exchange 
Act Release No. 44521, 66 FR 36809 (July 13, 2001). On February 5, 
2004, Boston Stock Exchange, Inc. (``BSE'') was added as a Sponsor 
to OLPP. See Securities Exchange Act Release No. 49199, 69 FR 7030 
(February 12, 2004). On March 21, 2008, the Nasdaq Stock Market, LLC 
(``Nasdaq'') was added as a Sponsor to the OLPP. See Securities 
Exchange Act Release No. 57546, 73 FR 16393 (March 27, 2008). On 
February 17, 2010, BATS Exchange, Inc. (``BATS'') was added as a 
Sponsor to the OLPP. See Securities Exchange Act Release No. 61528, 
75 FR 8415 (February 24, 2010). On October 22, 2010, C2 Options 
Exchange Incorporated (``C2'') was added as a Sponsor to the OLPP. 
See Securities Exchange Act Release No. 63162, 75 FR 66401 (October 
28, 2010). On May 9, 2012, BOX Options Exchange LLC (``BOX'') was 
added as a Sponsor to the OLPP. See Securities Exchange Act Release 
No. 66952, 77 FR 28641 (May 15, 2012).
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I. Description and Purpose of the Amendment

    The current Sponsors of the OLPP are BATS, BOX, BSE., CBOE, C2, 
ISE., NYSE Amex, NYSE Arca, OCC, Phlx and Nasdaq. The proposed 
amendment to the OLPP would add BX as a Sponsor of the OLPP. A national 
securities exchange may become a Sponsor if it satisfies the 
requirement of Section 7 of the OLPP. Specifically an Eligible Exchange 
\4\ may become a Sponsor of the OLPP by: (i) Executing a copy of the 
OLPP, as then in effect; (ii) providing each current Plan Sponsor with 
a copy of such executed Plan; and (iii) effecting an amendment to the 
OLPP, as specified in Section 7(ii) of the OLPP.
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    \4\ The OLPP defines an ``Eligible Exchange'' as a national 
securities exchange registered with the Commission pursuant to 
Section 6(a) of the Exchange Act, 15 U.S.C. 78f(a), that (1) has 
effective rules for the trading of options contracts issued and 
cleared by the OCC approved in accordance with the provisions of the 
Exchange Act and the rules and regulations thereunder and (2) is a 
party to the Plan for Reporting Consolidated Options Last Sale 
Reports and Quotation Information (the ``OPRA Plan''). BX has 
represented that it has met both the requirements for being 
considered an Eligible Exchange.
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    Section 7(ii) of the OLPP sets forth the process by which an 
Eligible Exchange may effect an amendment to the OLPP. Specifically, an 
Eligible Exchange must: (a) execute a copy of the OLPP with the only 
change being the addition of the new sponsor's name in Section 8 of the 
OLPP; \5\ and (b) submit the executed OLPP to the Commission. The OLPP 
then provides that such an amendment will be effective at the later of 
either the amendment being approved by the Commission or otherwise 
becoming effective pursuant to Section 11A of the Act. BX has submitted 
a signed copy of the OLPP to the Commission and to each Plan Sponsor in 
accordance with the procedures set forth in the OLPP regarding new Plan 
Sponsors.
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    \5\ The Commission notes that the list of plan sponsors is set 
forth in Section 9 of the OLPP.
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II. Effectiveness of the Proposed Linkage Plan Amendment

    The foregoing proposed OLPP amendment has become effective pursuant 
to Rule 608(b)(3)(iii) \6\ because it involves solely technical or 
ministerial matters. At any time within sixty days of the filing of 
this amendment, the Commission may summarily abrogate the amendment and 
require that it be refiled pursuant to paragraphs (a)(1) of Rule 
608,\7\ if it appears to the Commission that such action is necessary 
or appropriate in the public interest, for the protection of investors 
or the maintenance of fair and orderly markets, to remove impediments 
to, and perfect the mechanisms of, a national market system or 
otherwise in furtherance of the purposes of the Act.
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    \6\ 17 CFR 242.608(b)(3)(iii).
    \7\ 17 CFR 242.608(a)(1).
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III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed 
amendment 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 4-443 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 4-443. 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 BX's principal office. 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 No. 4-443 and should be submitted on or before 
July 27, 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)(29).
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Elizabeth M. Murphy,
Secretary.
[FR Doc. 2012-16541 Filed 7-5-12; 8:45 am]
BILLING CODE 8011-01-P