9466 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

19 15 U.S.C. 78s(b)(3)(A). 

20 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires a self-regulatory organization to 

provide the Commission with written notice of its 

intent to file the proposed rule change, along with 

a brief description and text of the proposed rule 

change, at least five business days prior to the date 

of filing of the proposed rule change, or such 

shorter time as designated by the Commission. The 

Commission deems this requirement to have been 

met. 

21 17 CFR 240.19b–4(f)(6). 

22 17 CFR 240.19b–4(f)(6)(iii). 

23 Id. 

24For purposes only of waiving the operative 

delay for this proposal, the Commission has 

considered the proposed rule’s impact on 

efficiency, competition, and capital formation. See 

15 U.S.C. 78c(f). 25 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

Commission may designate if consistent 

with the protection of investors and the 

public interest, the proposed rule 

change has become effective pursuant to 

Section 19(b)(3)(A) 19 of the Act and 

Rule 19b–4(f)(6) thereunder.20

A proposed rule change filed under 

Rule 19b–4(f)(6) 21 normally may not 

become operative prior to 30 days after 

the date of filing. However, Rule 19b– 

4(f)(6)(iii) 22 permits the Commission to 

designate a shorter time if such action 

is consistent with the protection of 

investors and the public interest. The 

Exchange requests that the Commission 

waive the 30-day operative delay, as 

specified in Rule 19b–4(f)(6)(iii),23

which would make the rule change 

effective and operative upon filing. The 

Commission believes that waiving the 

30-day operative delay is consistent 

with the protection of investors and the 

public interest because such waiver 

would continue to conform the BOX 

rules to BOX’s current practice without 

interruption and clarify that Directed 

Orders on BOX are not anonymous.24

Accordingly, the Commission 

designates the proposed rule change 

operative upon filing with the 

Commission. 

At any time within 60 days of the 

filing of such proposed rule change, the 

Commission may summarily abrogate 

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. 

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 e-mail to rulecomments@sec.gov. Please include File 

Number SR–BX–2010–017 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–2010–017. This file 

number should be included on the 

subject line if e-mail 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 on official business 

days between the hours of 10 a.m. and 

3 p.m., located at 100 F Street, NE., 

Washington, DC 20549. 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–BX– 

2010–017 and should be submitted on 

or before March 23, 2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.25

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4236 Filed 3–1–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61579: File No. SR–BX– 

2010–015] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Codify 

Certain Provisions of the Options 

Listing Procedures Plan Into the Rules 

of the Boston Options Exchange 

Facility 

February 24, 2010. 

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 February 

10, 2010, NASDAQ OMX BX, Inc. (the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission 

(‘‘Commission’’) the proposed rule 

change as described in Items I, II, and 

III below, which Items have been 

prepared by the self-regulatory 

organization. The Exchange filed the 

proposed rule change pursuant to 

Section 19(b)(3)(A)(iii) of the Act 3 and 

Rule 19b–4(f)(6) thereunder,4 which 

renders the proposal effective upon 

filing with the Commission. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend the 

Rules of the Boston Options Exchange 

Group, LLC (‘‘BOX’’) to codify certain 

provisions of the Options Listing 

Procedures Plan (‘‘OLPP’’) into the BOX 

Rules. The text of the proposed rule 

change is available from the principal 

office of the Exchange, at the 

Commission’s Public Reference Room, 

on the Exchange’s Internet Web site at 

http://nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/, and on the 

Commission’s Web site at http:// 

www.sec.gov. 

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 

self-regulatory organization 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 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 9467 

5See e.g., Securities Exchange Act Release Nos. 

44521 (July 6, 2001), 66 FR 36809 (July 13, 2001) 

(Order Approving a Proposed Options Listing 

Procedures Plan); 58205 (July 22, 2008), 73 FR 

43798 (July 28, 2008) (Order Granting Permanent 

Approval to Amendment No. 1 to the Plan for the 

Purpose of Developing and Implementing 

Procedures Designed To Facilitate the Listing and 

Trading of Standardized Options); 58630 

(September 24, 2008), 73 FR 57166 (October 1, 

2008) (Order Granting Permanent Approval to 

Amendment No. 2 to the Plan for the Purpose of 

Developing and Implementing Procedures Designed 

To Facilitate the Listing and Trading of 

Standardized Options); and 60531 (August 19, 

2009), 74 FR 43173 (August 26, 2009) (Order 

Approving Amendment No. 3 to the Plan for the 

Purpose of Developing and Implementing 

Procedures Designed To Facilitate the Listing and 

Trading of Standardized Options). 

6 15 U.S.C. 78f(b). 

7 15 U.S.C. 78f(b)(5). 

8See supra note 5. 

9 17 CFR 240.19b–4(f)(6). In addition, as required 

under Rule 19b–4(f)(6)(iii), the Exchange has 

submitted to the Commission written notice of its 

intent to file the proposed rule change, along with 

a brief description and the text of the proposed rule 

change at least five business days prior to the date 

of filing of the proposed rule change, or such 

shorter time as designated by the Commission. 

of these statements may be examined at 

the places specified in Item IV below. 

The self-regulatory organization 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 the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The OLPP was approved by the 

Securities and Exchange Commission 

(the ‘‘Commission’’) on July 6, 2001 and 

has been amended several times.5 The 

OLPP provides procedures for: (i) 

Listing and trading new option classes; 

(ii) selecting new options series; (iii) 

petitioning The Options Clearing 

Corporation (‘‘OCC’’) to review the 

eligibility, pursuant to the exchanges’ 

listing standards, of a selected option 

class without delaying the trading of 

that option class; (iv) determining 

operational details for option contracts 

adjusted pursuant to OCC By-Laws; (v) 

admitting new sponsors; and (vi) losing 

eligibility to participate in the OLPP. 

This current filing is primarily 

concerned with codifying certain 

provisions of the OLPP pertaining to 

selecting new option series and certain 

strike setting parameters that have been 

adopted under the OLPP. The Exchange 

believes that it is helpful to codify select 

provisions into the BOX Rules so that 

all applicable rules governing series 

selection and applicable strike setting 

parameters are located in a single place. 

In addition, the Exchange understands 

that other Sponsor Exchanges to the 

OLPP have submitted, or will be 

submitting, similar filings to codify 

portions of the OLPP in their respective 

rulebooks. Below the Exchange briefly 

describes the provisions of the OLPP 

that the Exchange is proposing to codify 

into the BOX Rules. 

OLPP Amendments Pertaining to 

LEAPS 

Amendments 1 and 2 to the OLPP 

adopted provisions governing the listing 

of Long-Term Equity Options Series 

(‘‘LEAPS’’). Amendment 1 provided for 

a uniform time frame for the 

introduction of new LEAPS on equity 

option classes, options on Exchange 

Traded Fund Shares (‘‘ETFs’’), or options 

on Trust Issued Receipts (‘‘TIRs’’). The 

Exchange is proposing to codify the 

changes made to the OLPP by 

Amendment 1 as new subparagraph (c) 

to Chapter IV, Section 8 (Long-Term 

Options Contracts) of the BOX Rules. 

Amendment 2 provided for a uniform 

minimum volume threshold per 

underlying class to qualify for the 

introduction of a new expiration year of 

LEAPs on equity, ETF and TIR classes. 

The Exchange is proposing to codify the 

changes made to the OLPP by 

Amendment 2 as new subparagraph (d) 

to Chapter IV, Section 8 of the BOX 

Rules. 

Strike Setting Parameters 

Amendment 3 to the OLPP adopted 

uniform objective standards to the range 

of options series exercise (or strike) 

prices available for trading on the 

OLPP’s Sponsor Exchanges as a quote 

mitigation strategy. The Exchange is 

proposing to codify the changes made to 

the OLPP by Amendment 3 by adding 

certain new rule text to Chapter IV, 

Section 6(b) of the BOX Rules. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

requirements of Section 6(b) of the Act,6

in general, and Section 6(b)(5) of the 

Act,7 in particular, in that it is designed 

to foster cooperation and coordination 

with persons engaged in regulating, 

clearing, settling, processing 

information with respect to, and 

facilitating transactions in securities, to 

remove impediments to and perfect the 

mechanism for a free and open market 

and a national market system and, in 

general, to protect investors and the 

public interest. In particular, the 

Exchange believes that codifying certain 

provisions of the OLPP, as amended, 

serves to foster investor protection. 

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 codifies 

certain provisions of the OLPP that were 

previously approved by the 

Commission 8 and does not; (i) 

Significantly affect the protection of 

investors or the public interest; (ii) 

impose any significant burden on 

competition and; (iii) become operative 

for 30 days from the date on which it 

was filed, or such shorter time as the 

Commission may designate if consistent 

with the protection of investors and the 

public interest. The Exchange requests 

that the Commission waive the 30-day 

operative delay period for ‘‘noncontroversial’’ proposals and make the 

proposed rule change effective and 

operative upon filing.9

At any time within 60 days of the 

filing of the proposed rule change, the 

Commission may summarily abrogate 

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. 

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 e-mail to rulecomments@sec.gov. Please include File 

Number SR–BX–2010–015 on the 

subject line. 

Paper Comments 

• Send paper comments in triplicate 

to Elizabeth M. Murphy, Secretary, 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

9468 Federal Register / Vol. 75, No. 40 / Tuesday, March 2, 2010 / Notices 

10 17 CFR 200.30–3(a)(12). 

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

2 15 U.S.C. 78a. 

3 17 CFR 240.19b–4. 

4See Securities Exchange Act Release No. 60933 

(November 4, 2009), 74 FR 58334 (November 12, 

2009) (order approving SR–FINRA–2008–067). 

FINRA also recently filed for immediate 

effectiveness to (i) adopt non-substantive technical 

changes to consolidated FINRA Rule 4521(d), and 

(ii) amend FINRA Incorporated NYSE Rule 312(g). 

See Securities Exchange Act Release No. 61408 

(January 22, 2010), 75 FR 4596 (January 28, 2010) 

(SR–FINRA–2010–004). See also SR–FINRA–2010– 

008, filed on February 4, 2010. These changes are 

incorporated in this rule filing. 

5See FINRA Regulatory Notice 09–71 (December 

7, 2009). 

6As provided in paragraph 2(b) of the 17d–2 

Agreement, FINRA and NYSE will amend the list 

of Common Rules to conform to the rule changes 

proposed herein. 

7 15 U.S.C. 78a, et seq. 

8See Securities Exchange Act Release Nos. 56148 

(July 26, 2007), 72 FR 42146 (August 1, 2007) (order 

approving the 17d–2 Agreement); 56147 (July 26, 

2007), 72 FR 42166 (August 1, 2007) (SR–NASD– 

2007–054) (order approving the incorporation of 

Securities and Exchange Commission, 

100 F Street, NE., Washington, DC 

20549–1090. 

All submissions should refer to File 

Number SR–BX–2010–015. This file 

number should be included on the 

subject line if e-mail 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 the filing also 

will be available for inspection and 

copying at the principal office of the 

self-regulatory organization. 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–2010–015 and should 

be submitted on or before March 23, 

2010. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Florence E. Harmon, 

Deputy Secretary. 

[FR Doc. 2010–4234 Filed 3–1–10; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–61556; File No. SR– 

NYSEAmex–2010–13] 

Self-Regulatory Organizations; Notice 

of Filing and Order Granting 

Accelerated Approval of Proposed 

Rule Change by NYSE Amex LLC 

Changing Certain NYSE Amex Equities 

Rules To Correspond With Rule 

Changes Filed by the Financial 

Industry Regulatory Authority, Inc. 

February 22, 2010. 

Pursuant to Section 19(b)(1)1 of the 

Securities Exchange Act of 1934 (the 

‘‘Act’’)2 and Rule 19b–4 thereunder,3

notice is hereby given that on February 

16, 2010, NYSE Amex LLC (the 

‘‘Exchange’’ or ‘‘NYSE Amex’’) 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 selfregulatory organization. The 

Commission is publishing this notice to 

solicit comments on the proposed rule 

change from interested persons and to 

approve the proposal on an accelerated 

basis. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes changes to 

certain NYSE Amex Equities Rules to 

correspond with rule changes filed by 

the Financial Industry Regulatory 

Authority, Inc. (‘‘FINRA’’) and approved 

by the Commission.4 The Exchange 

proposes to apply these changes 

retroactively to February 8, 2010. The 

text of the proposed rule change is 

available at the Exchange, the 

Commission’s Public Reference Room, 

and http://www.nyse.com. 

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 those 

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 parts of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and the 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of the proposed rule 

changes is to adopt changes to certain 

NYSE Amex Equities Rules to 

correspond with rule changes filed by 

FINRA and approved by the 

Commission. The Exchange proposes to 

apply these changes retroactively to 

February 8, 2010, the same effective 

date for FINRA’s rule changes.5 The 

Exchange states that making the 

proposed rule change retroactive to 

February 8, 2010 would ensure that the 

proposed rule changes are operative and 

effective at the same time as FINRA’s 

rule changes, that there are no 

regulatory gaps between the FINRA and 

Exchange Rules and that, as applicable, 

Exchange Rules maintain their status as 

Common Rules under the 17d–2 

Agreement.6

Background 

On July 30, 2007, FINRA’s 

predecessor, the National Association of 

Securities Dealers, Inc. (‘‘NASD’’), and 

NYSE Regulation, Inc. (‘‘NYSER’’) 

consolidated their member firm 

regulation operations into a combined 

organization, FINRA. Pursuant to Rule 

17d–2 under the Act,7 the New York 

Stock Exchange LLC (‘‘NYSE’’), NYSER 

and FINRA entered into an agreement 

(the ‘‘17d–2 Agreement’’) to reduce 

regulatory duplication for their 

members by allocating to FINRA certain 

regulatory responsibilities for certain 

NYSE rules and rule interpretations 

(‘‘FINRA Incorporated NYSE Rules’’). 

The Exchange became a party to the 

17d–2 Agreement effective December 

15, 2008.8

WReier-Aviles on DSKGBLS3C1PROD with NOTICES