[Federal Register Volume 78, Number 14 (Tuesday, January 22, 2013)]
[Notices]
[Page 4505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-01077]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-68655; File No. SR-OPRA-2012-07]


Options Price Reporting Authority; Notice of Filing of Proposed 
Amendment to the Plan for Reporting of Consolidated Options Last Sale 
Reports and Quotation Information To Amend Section 3.5 of the OPRA Plan

January 15, 2013.
    Pursuant to Section 11A of the Securities Exchange Act of 1934 
(``Act'') \1\ and Rule 608 thereunder,\2\ notice is hereby given that 
on December 21, 2012, the Options Price Reporting Authority (``OPRA'') 
submitted to the Securities and Exchange Commission (``Commission'') an 
amendment to the Plan for Reporting of Consolidated Options Last Sale 
Reports and Quotation Information (``OPRA Plan'').\3\ The proposed 
amendment revises a provision that describes certain circumstances in 
which a national securities exchange must cease to be a Member of OPRA. 
The Commission is publishing this notice to solicit comments from 
interested persons on the proposed OPRA Plan amendment.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78k-1.
    \2\ 17 CFR 242.608.
    \3\ The OPRA Plan is a national market system plan approved by 
the Commission pursuant to Section 11A of the Act and Rule 608 
thereunder (formerly Rule 11Aa3-2). See Securities Exchange Act 
Release No. 17638 (March 18, 1981), 22 S.E.C. Docket 484 (March 31, 
1981). The full text of the OPRA Plan is available at http://www.opradata.com.
    The OPRA Plan provides for the collection and dissemination of 
last sale and quotation information on options that are traded on 
the participant exchanges. The eleven participants to the OPRA Plan 
are BATS Exchange, Inc., BOX Options Exchange, LLC, Chicago Board 
Options Exchange, Incorporated, C2 Options Exchange, Incorporated, 
International Securities Exchange, LLC, Miami International 
Securities Exchange, LLC, NASDAQ OMX BX, Inc., NASDAQ OMX PHLX LLC, 
NASDAQ Stock Market LLC, NYSE MKT LLC, and NYSE Arca, Inc.
---------------------------------------------------------------------------

I. Description and Purpose of the Plan Amendment

    The purpose of this amendment is to revise language in Section 3.5 
of the OPRA Plan that currently states that ``The membership status [in 
OPRA] of a Member shall terminate effective as of * * * the last day of 
the calendar quarter in which the Member has ceased maintaining a 
market for the trading of securities option contracts.'' \4\ Under this 
language, a Member that ceases to maintain a market for the trading of 
securities option contracts late in a calendar quarter would have 
little or no time in which to resume maintaining such a market if it 
wants to remain a Member of OPRA.
---------------------------------------------------------------------------

    \4\ OPRA is organized as a limited liability company, and the 
OPRA Plan is the Limited Liability Company Agreement of OPRA. The 
OPRA Plan therefore uses the vocabulary typically used in Limited 
Liability Company Agreements, and therefore refers to the national 
security exchanges that are participants in OPRA as ``Members,'' and 
to their participation in OPRA as ``membership.''
---------------------------------------------------------------------------

    OPRA is proposing to amend Section 3.5 so that a national 
securities exchange that ceases to maintain a market for the trading of 
options may remain a Member of OPRA for an additional calendar quarter. 
The amendment would provide an exchange that ceases to maintain a 
market for the trading of options but wants to remain a Member of OPRA 
with additional flexibility with respect to the date by which it must 
resume maintaining a market for the trading of options.
    The text of the proposed amendment to the OPRA Plan is available at 
OPRA, the Commission's Public Reference Room, http://opradata.com, and 
on the Commission's Web site at www.sec.gov.

II. Implementation of the OPRA Plan Amendment

    OPRA will implement the proposed amendment to the OPRA Plan after 
this filing has been approved by the Commission in accordance with 
paragraph (b)(1) of Rule 608 of Regulation NMS under the Act.

III. Solicitation of Comments

    Interested persons are invited to submit written data, views, and 
arguments concerning the foregoing, including whether the proposed OPRA 
Plan 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 No. SR-OPRA-2012-07 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-OPRA-2012-07. 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 plan amendment that are 
filed with the Commission, and all written communications relating to 
the proposed plan amendment 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 office of OPRA. 
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-OPRA-2012-07 
and should be submitted on or before February 12, 2013.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\5\
---------------------------------------------------------------------------

    \5\ 17 CFR 200.30-3(a)(29).
---------------------------------------------------------------------------

Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2013-01077 Filed 1-18-13; 8:45 am]
BILLING CODE 8011-01-P