1968 Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Notices 

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

2 17 CFR 240.19b–4. 

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

4 17 CFR 240.19b–4(f)(6). 

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

6 15 U.S.C. 78f(b)(5). 

will be subject to examination by the 

Commission and its staff. 

6. Awards under the Plan are issuable 

only to Eligible Persons. No person will 

be granted Awards denominated by 

reference to Shares, or be issued Shares 

in settlement of Awards not initially 

denominated by reference to Shares, 

that in the aggregate exceed 35% of the 

Shares initially reserved for issuance 

under the Plan, subject to adjustment 

under the Plan. Subject to the 

immediately preceding limitation, in 

any thirty-six month period during 

which the Plan is in effect, no person 

may be granted Awards under the Plan 

relating to more than 250,000 Shares, 

which amount may be adjusted to 

reflect certain corporate transactions or 

events that affect the Company’s stock. 

Grants to Non-employee Directors are 

limited to those described in condition 

7 below. 

7. In each fiscal year, a Non-employee 

Director will be granted 500 Shares of 

vested Bonus Stock without restrictions, 

which amount may be adjusted to 

reflect certain corporate transactions. At 

the effective date of any Non-employee 

Director’s initial election to the Board, 

such Non-employee Director will be 

granted 500 Shares of vested Bonus 

Stock without restrictions, which 

amount may be adjusted to reflect 

certain corporate transactions. 

For the Commission, by the Division of 

Investment Management, under delegated 

authority. 

Kevin O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–418 Filed 1–11–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66116; File No. SR–BX– 

2012–001] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of 

Proposed Rule Change To Remove 

References to the Russell® 2000 Index 

(RUT) 

January 6, 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 January 5, 

2012, NASDAQ OMX BX, Inc. (the 

‘‘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 self-regulatory organization. The 

Exchange filed the proposal as a ‘‘noncontroversial’’ proposed rule change 

pursuant to Section 19(b)(3)(A) 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 

Chapter XIV (Index Rules) of the Rules 

of the Boston Options Exchange Group, 

LLC (‘‘BOX’’) to remove references to 

the Russell® 2000 Index (RUT). The text 

of the proposed rule change is available 

from the principal office of the 

Exchange, at the Commission’s Public 

Reference Room and also on the 

Exchange’s Internet Web site at http:// 

nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/. 

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 

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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Options on the Russell® 2000 Index 

(RUT) are no longer listed or traded on 

BOX, and as such, the Exchange 

proposes to remove the references to 

RUT cited below from Chapter XIV 

(Index Rules) of the BOX Trading Rules. 

Supplementary Material .01 to 

Section 2 of the Index Rules identifies 

the reporting authorities designated in 

respect of each underlying index for 

options traded on BOX, including the 

Frank Russell Company for RUT. 

Section 5 of the Index Rules specifies 

position limits for certain broad-based 

index options, including RUT, and the 

Russell 2000 Value Index and Russell 

2000 Growth Index. Neither of these 

indexes is traded on BOX so the 

Exchange proposes to delete these 

references as well. 

Section 7 of the Index Rules provides 

certain exemptions from position limits, 

and provides a specific exemption 

related to RUT or the Nasdaq 100 Index. 

The Exchange proposes to delete the 

reference to RUT as inapplicable. 

Section 10 of the Index Rules permits 

the Exchange to list up to seven 

expiration months at any one time for 

certain broad-based index options, 

including RUT. Additionally, Section 

10(a)(4) specifically references options 

on RUT as one of the European-style 

index options approved for trading on 

BOX, Section 10(a)(5)(ii) references 

options on RUT as A.M.-settled index 

options approved for trading on BOX 

and Section 10 (c) references RUT in its 

‘‘Procedures for Adding and Deleting 

Strike Prices.’’ These references will 

now be inapplicable as RUT will no 

longer be traded on BOX. As such, the 

Exchange proposes to delete them. 

2. Statutory Basis 

The Exchange believes that the 

proposal is consistent with the 

requirements of Section 6(b) of the Act,5

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

Act,6 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, this 

proposed change removes from the BOX 

Trading Rules references to RUT that are 

no longer applicable because options on 

RUT have been delisted and are no 

longer traded on BOX. 

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. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 8 / Thursday, January 12, 2012 / Notices 1969 

7The Exchange has satisfied this requirement. 

8 15 U.S.C. 78s(b)(3)(A). 

9 17 CFR 240.19b–4(f)(6). 

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. 64593 

(June 3, 2011), 74 FR 33380 (June 8, 2011) (SR– 

NYSEArca–2011–34)[sic]. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

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, 

provided that the self-regulatory 

organization has given the Commission 

written notice of its intent to file 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,7 the proposed rule change 

has become effective pursuant to 

Section 19(b)(3)(A) of the Act 8 and Rule 

19b–4(f)(6) thereunder.9

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. 

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 rulecomments@sec.gov. Please include File 

Number SR–BX–2012–001 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. 

All submissions should refer to File 

Number SR–BX–2012–001. 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 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– 

2012–001 and should be submitted on 

or before February 2, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.10

Kevin M. O’Neill. 

Deputy Secretary. 

[FR Doc. 2012–481 Filed 1–11–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66115; File No. SR– 

NYSEArca–2011–101] 

Self-Regulatory Organizations; NYSE 

Arca, Inc.; Notice of Filing and 

Immediate Effectiveness of Proposed 

Rule Change Amending the NYSE Arca 

Equities Schedule of Fees and 

Charges for Exchange Services 

Replacing Numerical Thresholds With 

Percentage Thresholds for the Investor 

Tiers’ Volume Requirements 

January 6, 2012. 

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 December 

30, 2011, NYSE Arca, Inc. (the 

‘‘Exchange’’ or ‘‘NYSE Arca’’) 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. 

I. Self-Regulatory Organization’s 

Statement of the Terms of Substance of 

the Proposed Rule Change 

The Exchange proposes to amend the 

NYSE Arca Equities Schedule of Fees 

and Charges for Exchange Services (the 

‘‘Schedule’’) to replace numerical 

thresholds with percentage thresholds 

for the Investor Tiers’ volume 

requirements. The text of the proposed 

rule change is available at the Exchange, 

the Commission’s Public Reference 

Room, and 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 

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 

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 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

Effective January 1, 2012, NYSE Arca 

proposes to amend the Schedule, as 

described below. 

Investor Tier Volume Requirements: 

Replacing Numerical Thresholds With 

Percentage Thresholds 

Effective June 1, 2011, NYSE Arca 

introduced two pricing tier levels, 

Investor Tier 1 and Investor Tier 2.4

Currently, Investor Tier 1 allows 

customers to earn a credit of $0.0032 per 

share and Investor Tier 2 allows 

customers to earn a credit of $0.0030 per 

share for executed orders that provide 

liquidity to the Book for Tape A, Tape 

B and Tape C securities when they meet 

all of the following criteria on a monthly 

basis: 


tkelley on DSK3SPTVN1PROD with NOTICES