[Federal Register Volume 77, Number 225 (Wednesday, November 21, 2012)]
[Notices]
[Pages 69910-69911]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-28265]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68247; File No. SR-ISE-2012-22]


Self-Regulatory Organizations; International Securities Exchange, 
LLC; Notice of Withdrawal of Proposed Rule Change, as Modified by 
Amendment No. 1, To List and Trade Options on the ISE Max SPY Index

November 15, 2012.
    On March 9, 2012, the International Securities Exchange, LLC 
(``ISE'' or ``Exchange'') filed with the Securities and Exchange 
Commission (``Commission'') a proposed rule change pursuant to Section 
19(b)(1) of the Securities Exchange Act of 1934 \1\ and Rule 19b-4 
thereunder \2\ to list and trade options on the ISE Max SPY Index. The 
proposed rule change was published for comment in the Federal Register 
on March 22, 2012.\3\ The Commission initially received three comment 
letters on the proposed rule change.\4\ On May 1, 2012, the Commission 
extended the time period for Commission action to June 20, 2012.\5\ On 
May 4, 2012, the Exchange submitted a response to the comment letters 
\6\ and filed Amendment No. 1 to the proposed rule change.\7\ The 
Commission subsequently received three additional comment letters \8\ 
and a second response letter from the Exchange.\9\ On June 20, 2012, 
the Commission instituted proceedings to determine whether to approve 
or disapprove the proposed rule change, as modified by Amendment No. 
1.\10\ The

[[Page 69911]]

Commission thereafter received six comment letters \11\ and two 
response letters from the Exchange.\12\ On September 14, 2012, the 
Commission issued a notice of designation of longer period for 
Commission action on proceedings to determine whether to approve or 
disapprove the proposed rule change, as modified by Amendment No. 
1.\13\ The Commission thereafter received two additional comment 
letters.\14\ On November 13, 2012, the Exchange withdrew the proposed 
rule change, as modified by Amendment No. 1 (SR-ISE-2012-22).
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
    \3\ See Securities Exchange Act Release No. 66614 (March 16, 
2012), 77 FR 16883.
    \4\ See letters to Elizabeth M. Murphy, Secretary, Commission, 
from Janet McGinness, EVP & Corporate Secretary, NYSE Euronext, 
dated April 2, 2012; Kenneth M. Vittor, Executive Vice President and 
General Counsel, McGraw-Hill Companies, Inc. (``McGraw-Hill''), 
dated April 11, 2012; and Edward T. Tilly, President and Chief 
Operating Officer, Chicago Board Options Exchange, Incorporated 
(``CBOE''), dated April 13, 2012.
    \5\ See Securities Exchange Act Release No. 66889 (May 1, 2012), 
77 FR 26812 (May 7, 2012).
    \6\ See letter to Elizabeth M. Murphy, Secretary, Commission, 
from Michael J. Simon, Secretary and General Counsel, ISE, dated May 
4, 2012.
    \7\ See Order Instituting Proceedings, infra note 10, at note 7 
(describing Amendment No. 1).
    \8\ See letters to Elizabeth M. Murphy, Secretary, Commission, 
from Edward T. Tilly, President and Chief Operating Officer, CBOE, 
dated June 7, 2012; Kenneth M. Vittor, Executive Vice President and 
General Counsel, McGraw-Hill, dated June 18, 2012; and Edward T. 
Tilly, President and Chief Operating Officer, CBOE, dated June 19, 
2012.
    \9\ See letter to Elizabeth M. Murphy, Secretary, Commission, 
from Michael J. Simon, Secretary and General Counsel, ISE, dated 
June 15, 2012.
    \10\ See Securities Exchange Act Release No. 67225 (June 20, 
2012), 77 FR 38100 (June 26, 2012) (``Order Instituting 
Proceedings'').
    \11\ See letters to Elizabeth M. Murphy, Secretary, Commission, 
from Christopher Nagy, President, KOR Trading LLC, dated August 6, 
2012; John L. Jacobs, Executive Vice President, NASDAQ OMX Global 
Index Group, NASDAQ OMX Group, Inc., dated August 10, 2012; Kenneth 
M. Vittor, Executive Vice President and General Counsel, McGraw-
Hill, dated August 10, 2012; Edward T. Tilly, President and Chief 
Operating Officer, CBOE, dated August 10, 2012; John V. O'Hanlon, 
Dechert LLP, on behalf of the Index Industry Association, dated 
August 10, 2012; and Edward T. Tilly, President and Chief Operating 
Officer, CBOE, dated August 27, 2012.
    \12\ See letters to Elizabeth M. Murphy, Secretary, Commission, 
from Michael J. Simon, Secretary, ISE, dated August 10, 2012 and 
August 27, 2012.
    \13\ See Securities Exchange Act Release No. 67865 (September 
14, 2012), 77 FR 58432 (September 20, 2012).
    \14\ See letters to Elizabeth M. Murphy, Secretary, Commission, 
from Kenneth M. Vittor, Executive Vice President and General 
Counsel, McGraw-Hill, dated November 5, 2012 and Edward T. Tilly, 
President and Chief Operating Officer, CBOE, dated November 7, 2012.
    \15\ 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\15\
Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-28265 Filed 11-20-12; 8:45 am]
BILLING CODE 8011-01-P