Trading Permit Holder ("TPH") requests a change in the classes to which said TPH is appointed to act as a Market-Maker. This Fee serves to pay for the labor involved in processing such requests. Beginning on September 4, 2012, TPHs became responsible for maintaining their own Market-Maker appointments via the Exchange's online appointments system. TPHs received prior notification of this change.3
Because TPHs now maintain their own Market-Maker appointments and the Exchange no longer processes requests to change the classes to which TPHs are appointed to act as Market-Makers, the Exchange hereby proposes to eliminate the Fee.2. Statutory Basis
The Exchange believes the proposed rule change is consistent with the Securities Exchange Act of 1934 (the "Act") and the rules and regulations thereunder applicable to the Exchange and, in particular, the requirements of Section 6(b) of the Act.4
Specifically, the Exchange believes the proposed rule change is consistent with Section 6(b)(4) of the Act5, which provides that Exchange rules may provide for the equitable allocation of reasonable dues, fees, and other charges among its Trading Permit Holders and other persons using its facilities. The proposed change is reasonable because TPHs will no longer have to pay a fee for changing their Market-Maker appointments, and is equitable and not unfairly discriminatory because it will apply to all TPHs.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
The Exchange neither solicited nor received comments on the proposed rule change.III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action
The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)6
of the Act and paragraph (f) of Rule 19b-47
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 firstname.lastname@example.org.Please include File Number SR-CBOE-2012-089 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-2012-089. 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 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 offices 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 tomake available publicly. All submissions should refer to File Number SR-CBOE-2012-089, and should be submitted on or before October 17, 2012.
817 CFR 200.30-3(a)(12).
Kevin M. O'Neill,