20684 Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices 

13 15 U.S.C. 78s(b)(3)(A). 

14 17 CFR 240.19b–4(f)(2). 

15 17 CFR 200.30–3(a)(12). 

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

2 17 CFR 240.19b–4. 

3The Exchange adopted the Weeklys Program on 

July 15, 2010. See Securities Exchange Act Release 

No. 62505 (July 15, 2010), 75 FR 42792 (July 22, 

2010) (SR–BX–2010–047). 

and, in general, protect investors and 

the public interest. 

B. Self-Regulatory Organization’s 

Statement on Burden on Competition 

CBOE does not believe that the 

proposed rule change will impose any 

burden on competition that is 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 

No written comments were solicited 

or received with respect to the proposed 

rule change. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

The proposed rule change is 

designated by the Exchange as 

establishing or changing a due, fee, or 

other charge, thereby qualifying for 

effectiveness on filing pursuant to 

Section 19(b)(3)(A) of the Act 13 and 

subparagraph (f)(2) of Rule 19b–4 14

thereunder. 

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–CBOE–2012–030 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–CBOE–2012–030. 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 the 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–CBOE– 

2012–030 and should be submitted on 

or before April 26, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.15

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–8172 Filed 4–4–12; 8:45 am] 

BILLING CODE 8011–01–P 

SECURITIES AND EXCHANGE 

COMMISSION 

[Release No. 34–66705; File No. SR–BX– 

2012–024] 

Self-Regulatory Organizations; 

NASDAQ OMX BX, Inc.; Notice of Filing 

and Immediate Effectiveness of a 

Proposed Rule Change To Amend the 

BOX Trading Rules Regarding the 

Short Term Option Series Program 

March 30, 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 March 

29, 2012, NASDAQ OMX BX, Inc. (the 

‘‘Exchange’’) filed with the Securities 

and Exchange Commission (the 

‘‘Commission’’) the proposed rule 

change as described in Items I and II 

below, which Items have been prepared 

by the Exchange. 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 

Trading Rules of the Boston Options 

Exchange Group, LLC (‘‘BOX’’) 

regarding the Short Term Option Series 

Program. The text of the proposed rule 

change is available from the principal 

office of the Exchange, on the 

Exchange’s Internet Web site at http:// 

nasdaqomxbx.cchwallstreet.com/ 

NASDAQOMXBX/Filings/, and at the 

Commission’s Public Reference Room. 

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 these 

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 aspects of such 

statements. 

A. Self-Regulatory Organization’s 

Statement of the Purpose of, and 

Statutory Basis for, the Proposed Rule 

Change 

1. Purpose 

The purpose of this proposed rule 

change is to amend Supplementary 

Material .07 to Chapter IV, Section 6 

(Series of Options Open for Trading) 

and Supplementary Material .02 to 

Chapter XIV, Section 10 (Terms of Index 

Options Contracts) to expand the Short 

Term Option Series Program (‘‘Weeklys 

Program’’).3 Specifically, the Exchange 

proposes to amend the BOX Rules to 

allow BOX to open short term option 

series that are opened by other 

securities exchanges in option classes 

selected by other exchanges under their 

respective short term option rules. 

Currently, BOX may select up to 30 

currently listed option classes on which 

short term option series may be opened 


Tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices 20685 

4See Securities Exchange Act Release Nos. 65775 

(November 17, 2011), 76 FR 72473 (November 23, 

2011) (SR–NASDAQ–2011–138) and 65776 

(November 17, 2011), 76 FR 72482 (November 23, 

2011) (SR–PHLX–2011–131). 

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

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

7 15 U.S.C. 78s(b)(3)(A). 

8 17 CFR 240.19b–4(f)(6). In addition, Rule 19b– 

4(f)(6)(iii) requires the Exchange to give the 

Commission written notice of the Exchange’s 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 Exchange 

has satisfied this requirement. 

9See supra note 4. 

10For purposes only of waiving the 30-day 

operative delay, the Commission has considered the 

proposed rule’s impact on efficiency, competition, 

and capital formation. See 15 U.S.C. 78c(f). 

in the Weeklys Program. BOX may also 

match any option classes that are 

selected by other securities exchanges 

that employ a similar program under 

their respective rules. For each option 

class eligible for participation in the 

Weeklys Program, BOX may open up to 

30 short term option series for each 

expiration date in that class. 

This proposal seeks to allow BOX to 

open short term option series that are 

opened by other securities exchanges in 

option classes selected by other 

exchanges under their respective short 

term option rules. This change is being 

proposed notwithstanding the current 

cap of 30 series per class under the 

Weeklys Program. This is a competitive 

filing and is based on approved filings 

and existing rules of The NASDAQ 

Stock Market LLC for the NASDAQ 

Options Market (‘‘NOM’’) and NASDAQ 

OMX PHLX, Inc. (‘‘PHLX’’).4

BOX is competitively disadvantaged 

since it operates a substantially similar 

Weeklys Program as NOM and PHLX 

but is limited to listing a maximum of 

30 series per options class that 

participates in its Weeklys Program 

(whereas PHLX and NOM are not 

similarly restricted). 

The Exchange is not proposing any 

changes to the Weeklys Program other 

than the ability to open short term 

option series that are opened by other 

securities exchanges in option classes 

selected by other exchanges under their 

respective short term option rules. 

BOX notes that the Weeklys Program 

has been well-received by market 

participants, in particular by retail 

investors. BOX believes that the current 

proposed revision to the Weeklys 

Program will permit BOX to meet 

increased customer demand and 

provide market participants with the 

ability to hedge in a greater number of 

option classes and series. 

With regard to the impact of this 

proposal on system capacity, BOX has 

analyzed its capacity and represents that 

it and the Options Price Reporting 

Authority (‘‘OPRA’’) have the necessary 

systems capacity to handle the potential 

additional traffic associated with trading 

of an expanded number of series for the 

classes that participate in the Weeklys 

Program. 

The proposed increase to the number 

of series per classes eligible to 

participate in the Weeklys Program is 

required for competitive purposes as 

well as to ensure consistency and 

uniformity among the competing 

options exchanges that have adopted 

similar Weeklys Programs. 

2. Statutory Basis 

The Exchange believes that the 

proposed rule change is consistent with 

Section 6(b) of the Securities Exchange 

Act of 1934 5 (the ‘‘Act’’) in general, and 

furthers the objectives of Section 6(b)(5) 

of the Act 6 in particular, in that it is 

designed to prevent fraudulent and 

manipulative acts and practices, to 

promote just and equitable principles of 

trade, to foster cooperation and 

coordination with persons engaged in 

facilitating transactions in securities, to 

remove impediments to and perfect the 

mechanism of a free and open market 

and a national market system, and, in 

general to protect investors and the 

public interest. The Exchange believes 

that expanding the current short term 

options program will result in a 

continuing benefit to investors by giving 

them more flexibility to closely tailor 

their investment decisions and hedging 

decisions in greater number of 

securities. The Exchange believes that 

expanding the current program would 

provide the investing public and other 

market participants increased 

opportunities because an expanded 

program would provide market 

participants additional opportunities to 

hedge their investment thus allowing 

these investors to better manage their 

risk exposure. While the expansion of 

the Weeklys Program will generate 

additional quote traffic, the Exchange 

does not believe that this increased 

traffic will become unmanageable since 

the proposal remains limited to a fixed 

number of classes. 

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. In this regard 

and as indicated above, the Exchange 

notes that the rule change is being 

proposed as a competitive response to 

existing NOM and PHLX rules. The 

Exchange believes this proposed rule 

change is necessary to permit fair 

competition among the options 

exchanges with respect to their short 

term options programs. 

C. Self-Regulatory Organization’s 

Statement on Comments on the 

Proposed Rule Change Received From 

Members, Participants, or Others 

No written comments were either 

solicited or received. 

III. Date of Effectiveness of the 

Proposed Rule Change and Timing for 

Commission Action 

Because the foregoing proposed rule 

change does not significantly affect the 

protection of investors or the public 

interest, does not impose any significant 

burden on competition, and, by its 

terms, does not become operative for 30 

days from the date on which it was 

filed, or such shorter time as the 

Commission may designate, it has 

become effective pursuant to Section 

19(b)(3)(A) of the Act 7 and Rule 19b– 

4(f)(6) thereunder.8

The Exchange has requested that the 

Commission waive the 30-day operative 

delay. The Commission believes that 

waiver of the operative delay is 

consistent with the protection of 

investors and the public interest 

because the proposal is substantially 

similar to those of other exchanges that 

have been approved by the Commission 

that permit an exchange to open short 

term option series that are opened by 

other securities exchanges to participate 

in such exchange’s respective short term 

option series program.9 Therefore, the 

Commission designates the proposal 

operative upon filing.10

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. 


Tkelley on DSK3SPTVN1PROD with NOTICES
20686 Federal Register / Vol. 77, No. 66 / Thursday, April 5, 2012 / Notices 

11 17 CFR 200.30–3(a)(12). 

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–2012–024 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–2012–024. 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 the 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– 

2012–024 and should be submitted on 

or before April 26, 2012. 

For the Commission, by the Division of 

Trading and Markets, pursuant to delegated 

authority.11

Kevin M. O’Neill, 

Deputy Secretary. 

[FR Doc. 2012–8173 Filed 4–4–12; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF STATE 

[Public Notice 7841] 

60-Day Notice of Proposed Information 

Collections: Two DDTC Brokering 

Collections 

ACTION: Notice of request for public 

comments. 

SUMMARY: The Department of State is 

seeking Office of Management and 

Budget (OMB) approval for the 

information collections described 

below. The purpose of this notice is to 

allow 60 days for public comment in the 

Federal Register preceding submission 

to OMB. We are conducting this process 

in accordance with the Paperwork 

Reduction Act of 1995. 

These collections were published for 

public comment on December 19, 2011 

(see 76 FR 78578). On that occasion, 

public comment was sought in the 

context of the proposed rule regarding 

the revision of part 129 of the 

International Traffic in Arms 

Regulations, which covers brokering of 

defense articles and services, and is the 

regulatory basis for these collections. 

The Department of State is now seeking 

OMB approval of the current 

collections, without reference to the 

changes in the proposed rule. The 

revised collections will be submitted for 

OMB review and approval in 

conjunction with the brokering final 

rule. 

• Title of Information Collection: 

Brokering Prior Approval (License). 

• OMB Control Number: 1405–0142. 

• Type of Request: Extension of 

Currently Approved Collection. 

• Originating Office: Bureau of 

Political-Military Affairs, Directorate of 

Defense Trade Controls, PM/DDTC. 

• Form Number: None. 

• Respondents: Business and 

Nonprofit Organizations. 

• Estimated Number of Respondents: 

1,515. 

• Estimated Number of Responses: 

150. 

• Average Hours per Response: 2 

hours. 

• Total Estimated Burden: 300 hours. 

• Frequency: On Occasion. 

• Obligation to Respond: Required to 

Obtain Benefits. 

• Title of Information Collection: 

Annual Brokering Report. 

• OMB Control Number: 1405–0141. 

• Type of Request: Extension of 

Currently Approved Collection. 

• Originating Office: Bureau of 

Political-Military Affairs, Directorate of 

Defense Trade Controls, PM/DDTC. 

• Form Number: None. 

• Respondents: Business and 

Nonprofit Organizations. 

• Estimated Number of Respondents: 

1,515. 

• Estimated Number of Responses: 

1,515. 

• Average Hours per Response: 2 

hours. 

• Total Estimated Burden: 3,030 

hours. 

• Frequency: Annually. 

• Obligation to Respond: Mandatory. 

DATES: The Department will accept 

comments from the public up to 60 days 

from April 5, 2012. 

ADDRESSES: Comments and questions 

should be directed to Nicholas Memos, 

Office of Defense Trade Controls Policy, 

Department of State, who may be 

reached via the following methods: 

• Web: Persons with access to the 

Internet may view and comment on this 

notice by going to the Federal 

regulations Web site at 

www.regulations.gov. You can search for 

the document by: selecting ‘‘Notice’’ 

under Document Type, entering the 

Public Notice number as the ‘‘Keyword 

or ID’’, checking the ‘‘Open for 

Comment’’ box, and then click 

‘‘Search.’’ If necessary, use the ‘‘Narrow 

by Agency’’ option on the Results page. 

• Email: memosni@state.gov. 

• Mail: Nicholas Memos, SA–1, 12th 

Floor, Directorate of Defense Trade 

Controls, Bureau of Political-Military 

Affairs, U.S. Department of State, 

Washington, DC 20522–0112. 

You must include the information 

collection title in the subject lines of 

your message/letter. 

FOR FURTHER INFORMATION CONTACT: 

Direct requests for additional 

information regarding the collection 

listed in this notice to Nicholas Memos, 

PM/DDTC, SA–1, 12th Floor, 

Directorate of Defense Trade Controls, 

Bureau of Political-Military Affairs, U.S. 

Department of State, Washington, DC 

20522–0112, who may be reached via 

phone at (202) 663–2829, or via email at 

memosni@state.gov. 

SUPPLEMENTARY INFORMATION: 

We are soliciting public comments to 

permit the Department to: 

• Evaluate whether the proposed 

collection of information is necessary 

for the proper performance of our 

functions. 

• Evaluate the accuracy of our 

estimate of the burden of the proposed 

collection, including the validity of the 

methodology and assumptions used. 

• Enhance the quality, utility, and 

clarity of the information to be 

collected. 

• Minimize the reporting burden on 

those who are to respond, including the 


Tkelley on DSK3SPTVN1PROD with NOTICES