Section 19(b)(2) * Section 19(b)(3)(A) * Section 19(b)(3)(B) * Rule. 19b-4(f)(1) 19b-4(f)(2) Executive Vice President and General Counsel.

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1 OMB APPROVAL Required fields are shown with yellow backgrounds and asterisks. OMB Number: Expires: August 31, 2011 Estimated average burden hours per response...38 Page 1 of * 16 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C File No.* SR * 009 Form 19b-4 Amendment No. (req. for Amendments *) Proposed Rule Change by NASDAQ OMX BX, Inc. Pursuant to Rule 19b-4 under the Securities Exchange Act of 1934 Initial * Amendment * Withdrawal Section 19(b)(2) * Section 19(b)(3)(A) * Section 19(b)(3)(B) * Rule Pilot Extension of Time Period for Commission Action * Date Expires * 19b-4(f)(1) 19b-4(f)(2) 19b-4(f)(4) 19b-4(f)(5) 19b-4(f)(3) 19b-4(f)(6) Exhibit 2 Sent As Paper Document Exhibit 3 Sent As Paper Document Description Provide a brief description of the proposed rule change (limit 250 characters, required when Initial is checked *). A Proposal to Adopt New Rule 4763 Regarding Short Sales. Contact Information Provide the name, telephone number and address of the person on the staff of the self-regulatory organization prepared to respond to questions and comments on the proposed rule change. First Name * Jeffrey Last Name * Davis Title * * Telephone * Vice President and Deputy General Counsel jeffrey.davis@nasdaqomx.com (301) Fax (301) Signature Pursuant to the requirements of the Securities Exchange Act of 1934, has duly caused this filing to be signed on its behalf by the undersigned thereunto duly authorized officer. Date By 02/16/2011 Edward S. Knight (Name *) Executive Vice President and General Counsel NOTE: Clicking the button at right will digitally sign and lock this form. A digital signature is as legally binding as a physical signature, and once signed, this form cannot be changed. (Title *) Edward S Knight,

2 SECURITIES AND EXCHANGE COMMISSION WASHINGTON, D.C For complete Form 19b-4 instructions please refer to the EFFS website. Form 19b-4 Information (required) Add Remove View The self-regulatory organization must provide all required information, presented in a clear and comprehensible manner, to enable the public to provide meaningful comment on the proposal and for the Commission to determine whether the proposal is consistent with the Act and applicable rules and regulations under the Act. Exhibit 1 - Notice of Proposed Rule Change (required) Add Remove View The Notice section of this Form 19b-4 must comply with the guidelines for publication in the Federal Register as well as any requirements for electronic filing as published by the Commission (if applicable). The Office of the Federal Register (OFR) offers guidance on Federal Register publication requirements in the Federal Register Document Drafting Handbook, October 1998 Revision. For example, all references to the federal securities laws must include the corresponding cite to the United States Code in a footnote. All references to SEC rules must include the corresponding cite to the Code of Federal Regulations in a footnote. All references to Securities Exchange Act Releases must include the release number, release date, Federal Register cite, Federal Register date, and corresponding file number (e.g., SR-[SRO]-xx-xx). A material failure to comply with these guidelines will result in the proposed rule change being deemed not properly filed. See also Rule 0-3 under the Act (17 CFR ) Exhibit 2 - Notices, Written Comments, Transcripts, Other Communications Copies of notices, written comments, transcripts, other communications. If such documents cannot be filed electronically in accordance with Instruction F, they shall be filed in accordance with Instruction G. Add Remove View Exhibit Sent As Paper Document Exhibit 3 - Form, Report, or Questionnaire Add Remove View Exhibit Sent As Paper Document Copies of any form, report, or questionnaire that the self-regulatory organization proposes to use to help implement or operate the proposed rule change, or that is referred to by the proposed rule change. Exhibit 4 - Marked Copies Add Remove View Exhibit 5 - Proposed Rule Text Add Remove View The full text shall be marked, in any convenient manner, to indicate additions to and deletions from the immediately preceding filing. The purpose of Exhibit 4 is to permit the staff to identify immediately the changes made from the text of the rule with which it has been working. The self-regulatory organization may choose to attach as Exhibit 5 proposed changes to rule text in place of providing it in Item I and which may otherwise be more easily readable if provided separately from Form 19b-4. Exhibit 5 shall be considered part of the proposed rule change. Partial Amendment Add Remove View If the self-regulatory organization is amending only part of the text of a lengthy proposed rule change, it may, with the Commission's permission, file only those portions of the text of the proposed rule change in which changes are being made if the filing (i.e. partial amendment) is clearly understandable on its face. Such partial amendment shall be clearly identified and marked to show deletions and additions.

3 SR-BX Page 3 of Text of Proposed Rule Change Pursuant to the provisions of Section 19(b)(1) under the Securities Exchange Act of 1934 ( Act ), 1 and Rule 19b-4 thereunder, 2 The NASDAQ OMX BX LLC ( BX or Exchange ) is filing with the Securities and Exchange Commission ( Commission ) a proposed rule change to adopt new Rule 4763 as a written policy or procedure to implement the amendments to Rules 200(g) and 201 of Regulation SHO. 3 A notice of the proposed rule change for publication in the Federal Register is attached hereto as Exhibit 1. The text of the proposed rule change is set forth below. (a) The text of the proposed rule change is below. Proposed new language is underlined. 4 * * * * * Rule Short Sale Price Test Pursuant to Rule 201 of Regulation SHO (a) Definitions. For purposes of this Rule, the terms covered security, listing market, and national best bid shall have the same meaning as in Rule 201 of Regulation SHO. (b) Short Sale Price Test. The System (as defined in BX Rule 0120(x)) shall not execute or display a short sale order with respect to a covered security at a price that is less than or equal to the current national best bid if the price of that security decreases by 10% or more, as determined by the listing market for the security, U.S.C. 78s(b)(1). 17 CFR b CFR (g); 17 CFR See Securities Exchange Act Release No (Feb. 26, 2010), 75 FR (Mar. 10, 2010) ( Adopting Release ) (amending Rules 201 and 200 of Regulation SHO to adopt a short sale price test restriction and short exempt marking requirement). See also Securities Exchange Act Release No (Nov. 4, 2010), 75 FR (Nov. 9, 2010) (extending the compliance date of the amendments to Rules 201 and 200 of Regulation SHO until February 28, 2011). The text of the proposed rule change is available from BX s website at

4 SR-BX Page 4 of 16 from the security s closing price on the listing market as of the end of regular trading hours on the prior day ( Trigger Price ). (c) Duration of Short Sale Price Test. If the Short Sale Price Test is triggered by the listing market with respect to a covered security, the Short Sale Price Test shall remain in effect until the close of trading on the next trading day, as provided for in Regulation SHO Rule 201(b)(1)(ii) (the Short Sale Period ). (d) Re-pricing of Orders during Short Sale Period. During the Short Sale Period, short sale orders that are limited to the national best bid or lower and short sale market orders will be re-priced by the System one minimum allowable price increment above the national best bid ( Permitted Price ). To reflect declines in the national best bid, the Exchange will continue to re-price a short sale order at the lowest Permitted Price down to the order s original limit price, or if a market order, until the order is filled. Non-displayed orders between the BX bid and offer will also be re-priced upward to a Permitted Price to correspond with a rise in the national best bid. (1) During the Short Sale Period, immediate or cancel orders ( IOC ) requiring that all or part of the order be executed immediately will be executed at a Permitted Price and higher and then cancelled, and will not be re-priced. IOC short sale orders that are inter-market sweep orders and not marked short exempt will be handled in the same manner as IOC orders. (e) Execution of Permissible Orders during the Short Sale Period. During the Short Sale Period, the System will execute and display a short sale order without regard to whether the order is at a Permitted Price or higher if, at the time of initial display of the short sale order, the order was at a price above the then current national best bid. Short sale orders that are entered into the Exchange prior to the Short Sale Period but are not displayed will be re-priced as described in (d) above. (f) Short Exempt Orders. During the Short Sale Period, the System will execute and display orders marked short exempt without regard to whether the order is at a Permitted Price or higher. The System will accept orders marked short exempt at any time when the System is open for order entry, regardless of whether the Short Sale Price Test has been triggered. (b) Not applicable. (c) Not applicable. * * * * *

5 SR-BX Page 5 of Procedures of the Self-Regulatory Organization The proposed rule change was approved by the Board of Directors of NASDAQ OMX BX on October 8, No other action by NASDAQ OMX BX is necessary for the filing of the rule change. Questions regarding this rule filing may be directed to Jeffrey S. Davis, Deputy General Counsel, at (301) (telephone) or (301) (fax). 3. Self-Regulatory Organization s Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change a. Purpose On February 26, 2010, the Commission adopted amendments to Rules 200(g) and 201 of Regulation SHO. 5 The amendments became effective on May 10, 2010, and compliance is required by February 28, The amendments to Rule 201 of Regulation SHO require trading centers 7 such as BX to establish, maintain, and enforce certain written policies and procedures reasonably designed to comply with the rule.. 8 BX is proposing to adopt new Rule 4763 as a written policy and procedure to implement the amendments to Rules 200(g) and 201 of Regulation SHO See supra note 3. Id. Rule 201(a)(9) states the term trading center will have the same meaning as in Rule 600(b)(78). 17 CFR (a)(9). Rule 600(b)(78) of Regulation NMS defines a trading center as a national securities exchange or national securities association that operates an SRO trading facility, an alternative trading system, an exchange market maker, an OTC market maker, or any other broker or dealer that executes orders internally by trading as principal or crossing orders as agent. 17 CFR (b)(78). See 17 CFR (b). The amendments to Rule 200(g) of Regulation SHO provide a short exempt marking requirement. See 17 CFR (g).

6 SR-BX Page 6 of 16 Proposed Rule 4763(a) defines the terms covered security, listing market, and national best bid as having the same meaning as such terms have in Rule 201 of Regulation SHO. 9 Under Proposed Rule 4763(b), entitled Short Sale Price Test, the System 10 will not execute or display a short sale order with respect to a covered security at a price that is less than or equal to the current national best bid if the price of that security decreases by 10% or more from the security s closing price on the listing market as of the end of regular trading hours on the prior day ( Trigger Price ). 11 Under Proposed Rule 4763(c), Duration of Short Sale Price Test, once triggered by the listing market, the short sale price test restriction shall remain in effect until the next trading day when a national best bid for the covered security is calculated and disseminated on a current and continuing basis by a plan processor pursuant to an effective national market system, 12 as provided for in Regulation SHO Rule 201(b)(1)(ii) (the Short Sale Period ) See Rule 201(a) of Regulation SHO. The System will utilize the national best bid from the systems information processor. Rule 201(a)(1) defines covered security to mean any NMS stock as defined under Rule 600(b)(47) of Regulation NMS. 17 CFR (a)(1). Rule 600(b)(47) of Regulation NMS defines an NMS stock as any NMS security other than an option. 17 CFR (b)(47). Rule 600(b)(46) of Regulation NMS defines an NMS security as any security or class of securities for which transaction reports are collected, processed, and made available pursuant to an effective transaction reporting plan, or an effective national market system plan for reporting transactions in listed options. 17 CFR (b)(46). See BX Rule 4751(a). The term System shall mean the automated system for order execution and trade reporting owned and operated by BX. See Rule 201(b)(1)(i) of Regulation SHO. Such execution or display needs to be in compliance with applicable rules concerning minimum pricing increments. See 17 CFR See 17 CFR (b)(1)(ii). See also Division of Trading and Markets: Responses to Frequently Asked Questions Concerning Rule 201 of Regulation SHO, Q&A No. 2.1.

7 SR-BX Page 7 of 16 Under Proposed Rule 4763(d), Re-pricing of Orders during Short Sale Period, during the Short Sale Period, short sale orders that are limited to the current national best bid or lower and short sale market orders will be re-priced by the System one minimum allowable price increment above the current national best bid ( Permitted Price ). To reflect declines in the national best bid, the Exchange will continue to re-price a short sale order at the lowest Permitted Price down to the order s original limit price, or if a market order, until the order is filled. Non-displayed orders between the BX bid and offer at the time of receipt will also be re-priced upward to a Permitted Price to correspond with a rise in the national best bid. During the Short Sale Period, immediate or cancel ( IOC ) orders requiring that all or part of the order be executed immediately will be executed to the extent possible at a Permitted Price and higher and then cancelled, and will not be repriced. Inter-market sweep orders not marked short exempt will be handled in the same manner as IOC orders. Pursuant to Proposed Rule 4763(e), Execution of Permissible Orders During Short Sale Period, during the Short Sale Period, the System will execute and display a short sale order without regard to whether the order is at a Permitted Price or higher if, at the time of initial display of the short sale order, the order was at a price above the then current national best bid. This determination is consistent with Rule 201(b)(1)(iii)(A) of Regulation SHO. 13 Short sale orders that are entered into the System prior to the Short Sale Period but that are not displayed will be re-priced as described in Proposed Rule 4763(d) as set forth above. 13 See 17 CFR (b)(1)(iii)(A).

8 SR-BX Page 8 of 16 Finally, under Proposed Rule 4763(f), Short Exempt Orders, during the Short Sale Period, the System will execute and display orders marked short exempt without regard to whether the order is at a Permitted Price. 14 The System will accept orders marked short exempt at any time when the System is open for order entry regardless of whether the short sale price test has been triggered in the covered security. BX member firms marking orders short exempt in reliance on Rule 201(c) or 201(d) are responsible for ensuring that any such orders meet the criteria of these provisions and are accurately marked as short exempt. 15 b. Statutory Basis The statutory basis for the proposed rule change is Section 6(b)(5) of the Act, which requires, among other things, the rules of an exchange to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. The proposed rule change also is designed to support the principles of Section 11A(a)(1) of the Act 17 in that it seeks to assure fair competition among brokers and dealers and among exchange markets. The Exchange believes that the proposed rule meets these requirements in that it implements rules adopted by the Commission in Regulation SHO under the Act See 17 CFR (b)(1)(iii)(B). See Rules 200(g)(2), 201(c) and 201(d) of Regulation SHO. See also Division of Trading and Markets: Responses to Frequently Asked Questions Concerning Rule 201 of Regulation SHO, Q&A Nos. 5.4 and U.S.C. 78f(b)(5). 15 U.S.C. 78k-1(a)(1).

9 SR-BX Page 9 of Self-Regulatory Organization s Statement on Burden on Competition The Exchange does not believe that the proposed rule change will result in any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Act. 5. Self-Regulatory Organization s Statement on Comments on the Proposed Rule Change Received from Members, Participants, or Others Written comments were neither solicited nor received. 6. Extension of Time Period for Commission Action BX does not consent at this time to an extension of the time period for Commission action. 7. Basis for Summary Effectiveness Pursuant to Section 19(b)(3) or for Accelerated Effectiveness Pursuant to Section 19(b)(2) The Exchange requests that the Commission approve the proposed rule change on an accelerated basis pursuant to Section 19(b)(2) of the Act 18 so that it may be operative no later than February 28, 2011 to coincide with the compliance date for the amendments to Rules 200(g) and 201 of Regulation SHO. 8. Proposed Rule Change Based on Rules of Another Self-Regulatory Organization or of the Commission Not applicable. 9. Exhibits Register. 1. Completed notice of proposed rule change for publication in the Federal U.S.C.78s(b)(2).

10 SR-BX Page 10 of 16 SECURITIES AND EXCHANGE COMMISSION (Release No. ; File No. SR-BX ) February, 2011 EXHIBIT 1 Self-Regulatory Organizations; Notice of Filing of Proposed Rule Change by NASDAQ OMX BX to Adopt New Rule 4763 Regarding Short Sales Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 ("Act") 1, and Rule 19b-4 2 thereunder, notice is hereby given that on February 16, 2011, NASDAQ OMX BX LLC ("BX" or "Exchange") filed with the Securities and Exchange Commission ("SEC" or "Commission") the proposed rule change as described in Items I, II, and III, 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, pursuant to Section 19(b)(1) of the Act 3 and Rule 19b-4 thereunder, 4 proposes to adopt new Rule 4763 as a written policy or procedure to implement the amendments to Rules 200(g) and 201 of Regulation SHO U.S.C. 78s(b)(1). 17 CFR b U.S.C. 78s(b)(1). 17 CFR b CFR (g); 17 CFR See Securities Exchange Act Release No (Feb. 26, 2010), 75 FR (Mar. 10, 2010) ( Adopting Release ) (amending Rules 201 and 200 of Regulation SHO to adopt a short sale price test restriction and short exempt marking requirement). See also Securities Exchange Act Release No (Nov. 4, 2010), 75 FR (Nov. 9, 2010) (extending the compliance date of the amendments to Rules 201 and 200 of Regulation SHO until February 28, 2011).

11 SR-BX Page 11 of 16 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 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 On February 26, 2010, the Commission adopted amendments to Rules 200(g) and 201 of Regulation SHO. 6 The amendments became effective on May 10, 2010, and compliance is required by February 28, The amendments to Rule 201 of Regulation SHO require trading centers 8 such as BX to establish, maintain, and enforce certain written policies and procedures reasonably designed to comply with the rule.. 9 BX is proposing to adopt new Rule 4763 as a written policy and procedure to implement the amendments to Rules 200(g) and 201 of Regulation SHO. Proposed Rule 4763(a) defines the terms covered security, listing market, and See supra note 3. Id. Rule 201(a)(9) states the term trading center will have the same meaning as in Rule 600(b)(78). 17 CFR (a)(9). Rule 600(b)(78) of Regulation NMS defines a trading center as a national securities exchange or national securities association that operates an SRO trading facility, an alternative trading system, an exchange market maker, an OTC market maker, or any other broker or dealer that executes orders internally by trading as principal or crossing orders as agent. 17 CFR (b)(78). See 17 CFR (b). The amendments to Rule 200(g) of Regulation SHO provide a short exempt marking requirement. See 17 CFR (g).

12 SR-BX Page 12 of 16 national best bid as having the same meaning as such terms have in Rule 201 of Regulation SHO. 10 Under Proposed Rule 4763(b), entitled Short Sale Price Test, the System 11 will not execute or display a short sale order with respect to a covered security at a price that is less than or equal to the current national best bid if the price of that security decreases by 10% or more from the security s closing price on the listing market as of the end of regular trading hours on the prior day ( Trigger Price ). 12 Under Proposed Rule 4763(c), Duration of Short Sale Price Test, once triggered by the listing market, the short sale price test restriction shall remain in effect until the next trading day when a national best bid for the covered security is calculated and disseminated on a current and continuing basis by a plan processor pursuant to an effective national market system, 13 as provided for in Regulation SHO Rule 201(b)(1)(ii) (the Short Sale Period ). Under Proposed Rule 4763(d), Re-pricing of Orders during Short Sale Period, during the Short Sale Period, short sale orders that are limited to the current national best bid or lower and short sale market orders will be re-priced by the System one minimum See Rule 201(a) of Regulation SHO. The System will utilize the national best bid from the systems information processor. Rule 201(a)(1) defines covered security to mean any NMS stock as defined under Rule 600(b)(47) of Regulation NMS. 17 CFR (a)(1). Rule 600(b)(47) of Regulation NMS defines an NMS stock as any NMS security other than an option. 17 CFR (b)(47). Rule 600(b)(46) of Regulation NMS defines an NMS security as any security or class of securities for which transaction reports are collected, processed, and made available pursuant to an effective transaction reporting plan, or an effective national market system plan for reporting transactions in listed options. 17 CFR (b)(46). See BX Rule 4751(a). The term System shall mean the automated system for order execution and trade reporting owned and operated by BX. See Rule 201(b)(1)(i) of Regulation SHO. Such execution or display needs to be in compliance with applicable rules concerning minimum pricing increments. See 17 CFR See 17 CFR (b)(1)(ii). See also Division of Trading and Markets: Responses to Frequently Asked Questions Concerning Rule 201 of Regulation SHO, Q&A No. 2.1.

13 SR-BX Page 13 of 16 allowable price increment above the current national best bid ( Permitted Price ). To reflect declines in the national best bid, the Exchange will continue to re-price a short sale order at the lowest Permitted Price down to the order s original limit price, or if a market order, until the order is filled. Non-displayed orders between the BX bid and offer at the time of receipt will also be re-priced upward to a Permitted Price to correspond with a rise in the national best bid. During the Short Sale Period, immediate or cancel ( IOC ) orders requiring that all or part of the order be executed immediately will be executed to the extent possible at a Permitted Price and higher and then cancelled, and will not be repriced. Inter-market sweep orders not marked short exempt will be handled in the same manner as IOC orders. Pursuant to Proposed Rule 4763(e), Execution of Permissible Orders During Short Sale Period, during the Short Sale Period, the System will execute and display a short sale order without regard to whether the order is at a Permitted Price or higher if, at the time of initial display of the short sale order, the order was at a price above the then current national best bid. This determination is consistent with Rule 201(b)(1)(iii)(A) of Regulation SHO. 14 Short sale orders that are entered into the System prior to the Short Sale Period but that are not displayed will be re-priced as described in Proposed Rule 4763(d) as set forth above. Finally, under Proposed Rule 4763(f), Short Exempt Orders, during the Short Sale Period, the System will execute and display orders marked short exempt without regard to whether the order is at a Permitted Price. 15 The System will accept orders marked See 17 CFR (b)(1)(iii)(A). See 17 CFR (b)(1)(iii)(B).

14 SR-BX Page 14 of 16 short exempt at any time when the System is open for order entry regardless of whether the short sale price test has been triggered in the covered security. BX member firms marking orders short exempt in reliance on Rule 201(c) or 201(d) are responsible for ensuring that any such orders meet the criteria of these provisions and are accurately marked as short exempt Statutory Basis The statutory basis for the proposed rule change is Section 6(b)(5) of the Act, 17 which requires, among other things, the rules of an exchange to promote just and equitable principles of trade, and, in general, to protect investors and the public interest. The proposed rule change also is designed to support the principles of Section 11A(a)(1) of the Act 18 in that it seeks to assure fair competition among brokers and dealers and among exchange markets. The Exchange believes that the proposed rule meets these requirements in that it implements rules adopted by the Commission in Regulation SHO under the Act. 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 No written comments were either solicited or received See Rules 200(g)(2), 201(c) and 201(d) of Regulation SHO. See also Division of Trading and Markets: Responses to Frequently Asked Questions Concerning Rule 201 of Regulation SHO, Q&A Nos. 5.4 and U.S.C. 78f(b)(5). 15 U.S.C. 78k-1(a)(1).

15 SR-BX Page 15 of 16 III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action Within 45 days of the date of publication of this notice in the Federal Register or within such longer period (i) as the Commission may designate up to 90 days of such date if it finds such longer period to be appropriate and publishes its reasons for so finding or (ii) as to which the Exchange consents, the Commission shall: (a) by order approve or disapprove such proposed rule change, or (b) institute proceedings to determine whether the proposed rule change should be disapproved. 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 ( or Send an to rule-comments@sec.gov. Please include File Number SR-BX 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 All submissions should refer to File Number SR-BX This file number should be included on the subject line if is used. To help the Commission process and review your comments more efficiently, please use only one method. The

16 SR-BX Page 16 of 16 Commission will post all comments on the Commission s Internet Web site ( 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 inspection and copying in the Commission s Public Reference Room. 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 and should be submitted on or before [insert date 21 days from publication in the Federal Register]. For the Commission, by the Division of Trading and Markets, pursuant to delegated authority. 19 Cathy H. Ahn Deputy Secretary CFR (a)(12).