80_FR_10210 80 FR 10173 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 404

80 FR 10173 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend Exchange Rule 404

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 37 (February 25, 2015)

Page Range10173-10175
FR Document2015-03810

Federal Register, Volume 80 Issue 37 (Wednesday, February 25, 2015)
[Federal Register Volume 80, Number 37 (Wednesday, February 25, 2015)]
[Notices]
[Pages 10173-10175]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-03810]


-----------------------------------------------------------------------

SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74301; File No. SR-MIAX-2015-10]


Self-Regulatory Organizations; Miami International Securities 
Exchange LLC; Notice of Filing and Immediate Effectiveness of a 
Proposed Rule Change To Amend Exchange Rule 404

February 19, 2015.
    Pursuant to the provisions of 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 9, 2015, Miami International 
Securities Exchange LLC (``MIAX'' or ``Exchange'') filed with the 
Securities and Exchange Commission (``Commission'') a 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.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange is filing a proposal to amend Exchange Rule 404.
    The text of the proposed rule change is available on the Exchange's 
Web site at http://www.miaxoptions.com/filter/wotitle/rule_filing, at 
MIAX's principal office, 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 Exchange proposes to amend Exchange Rule 404, Interpretations 
and Policies .02, to extend current $0.50 strike price intervals in 
non-index options to short term options with strike prices less than 
$100. This is a competitive filing that is based on proposals recently 
submitted by the International Securities Exchange, LLC (``ISE'') and 
BOX Options Exchange LLC (``BOX'').\3\
---------------------------------------------------------------------------

    \3\ See Securities Exchange Act Release Nos. 73999 (January 6, 
2015), 80 FR 1559 (January 12, 2015) (SR-ISE-2014-52); 74016 
(January 8, 2015), 80 FR 1976 (January 14, 2015) (SR-BOX-2015-01).
---------------------------------------------------------------------------

    The Exchange proposes to amend its rules governing the Short Term 
Option Series Program to introduce finer strike price intervals for 
certain Short Term Option Series. In particular, the Exchange proposes 
to amend Rule 404, Interpretations and Policies .02(e), to extend $0.50 
strike price intervals in non-index options to Short Term Options 
Series with strike prices less than $100 instead of the current $75. 
This proposed change is intended to eliminate gapped strikes between 
$75 and $100 that result from conflicting strike price parameters under 
the Short Term Option Series and $2.50 Strike Price Programs as 
described in more detail below.
    Under the Exchange's rules, the Exchange may list Short Term Option 
Series in up to fifty option classes in addition to option classes that 
are selected by other securities exchanges that employ a similar 
program under their respective rules.\4\ On any Thursday or Friday that 
is a business day, the Exchange may list Short Term Option Series in 
designated option classes that expire at the close of business on each

[[Page 10174]]

of the next five Fridays that are business days and are not Fridays in 
which monthly or quarterly options expire.\5\ These Short Term Option 
Series trade in $0.50, $1, or $2.50 strike price intervals depending on 
the strike price and whether the option trades in dollar increments in 
the related monthly expiration.\6\ Specifically, short term options in 
non-index option classes admitted to the Short Term Options Series 
Program currently trade in: (1) $0.50 or greater strike price intervals 
where the strike price is less than $75, and $1 or greater where the 
strike price is between $75 and $150 for all classes that participate 
in the Short Term Option Series Program; (ii) $0.50 strike price 
intervals for classes that trade in one dollar increments in non-Short 
Term Options and that participate in the Short Term Option Series 
Program; or (iii) $2.50 or higher strike price intervals where the 
strike price is above $150.
---------------------------------------------------------------------------

    \4\ See Exchange Rule 404, Interpretations and Policies .02(a).
    \5\ See Exchange Rule 404, Interpretations and Policies .02.
    \6\ See Exchange Rule 404, Interpretations and Policies .02(e).
---------------------------------------------------------------------------

    The Exchange also operates a $2.50 Strike Price Program that 
permits the Exchange to select up to sixty options classes on 
individual stocks to trade in $2.50 strike price intervals, in addition 
to option classes selected by other securities exchanges that employ a 
similar program under their respective rules.\7\ Monthly expiration 
options in classes admitted to the $2.50 Strike Price Program trade in 
$2.50 intervals where the strike price is (1) greater than $25 but less 
than $50; or (2) between $50 and $100 if the strikes are no more than 
$10 from the closing price of the underlying stock in its primary 
market on the preceding day.\8\ These strike price parameters conflict 
with strike prices allowed for short term options because dollar 
strikes between $75 and $100 that are otherwise allowed under the Short 
Term Option Series Program may be within $0.50 of strikes listed 
pursuant to the $2.50 Strike Price Program. In order to remedy this 
conflict, the Exchange proposes to extend the $0.50 or greater strike 
price intervals currently allowed for Short Term Options Series with 
strike prices less than $75 to Short Term Options Series with strike 
prices less than $100. With this proposed change, Short Term Options 
Series in non-index option classes will trade in: (1) $0.50 or greater 
intervals for strike prices less than $100, or for option classes that 
trade in one dollar increments in the related monthly expiration 
option; (2) $1intervals for strike prices that are between $100 and 
$150; and (3) $2.50 or greater intervals for strike prices above $150.
---------------------------------------------------------------------------

    \7\ See Exchange Rule 404(f).
    \8\ Id. The term ``primary market'' means the principal market 
in which an underlying security is traded. See Exchange Rule 100.
---------------------------------------------------------------------------

2. Statutory Basis
    MIAX believes that its proposed rule change is consistent with 
Section 6(b) of the Act \9\ in general, and furthers the objectives of 
Section 6(b)(5) of the Act \10\ 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 mechanisms of a 
free and open market and a national market system and, in general, to 
protect investors and the public interest.
---------------------------------------------------------------------------

    \9\ 15 U.S.C. 78f(b).
    \10\ 15 U.S.C. 78f(b)(5).
---------------------------------------------------------------------------

    During the month prior to expiration, the Exchange is permitted to 
list related monthly option contracts in the narrower strike price 
intervals available for Short Term Options Series.\11\ After 
transitioning to short term strike price intervals, however, monthly 
options that trade in $2.50 intervals between $50 and $100 under the 
$2.50 Strike Price Program, trade with dollar strikes between $75 and 
$150. Due to the overlap of $1 and $2.50 intervals, the Exchange cannot 
list certain dollar strikes between $75 and $100 that conflict with the 
prior $2.50 strikes. For example, if the Exchange initially listed 
monthly options on ABC with $75, $77.50, and $80 strikes, the Exchange 
could list the $76 and $79 strikes when these transition to short term 
intervals. The Exchange would not be permitted to list the $77 and $78 
strikes, however, as these are $0.50 away from the $77.50 strike 
already listed on the Exchange. This creates gapped strikes between $75 
and $100, where investors are not able to trade otherwise allowable 
dollar strikes on the Exchange. Similarly, these conflicting strike 
price parameters create issues for investors who want to roll their 
positions from monthly to weekly expirations. In the example above, for 
instance, an investor that purchased a monthly ABC option with a $77.50 
strike price would not be able to roll that position into a later short 
term expiration with the same strike price as that strike is 
unavailable under current Short Term Option Series Program rules. 
Permitting $0.50 intervals for Short Term Options Series up to $100 
would remedy both of these issues as strikes allowed under the $2.50 
Strike Price Program would not conflict with the finer $0.50 strike 
price interval.
---------------------------------------------------------------------------

    \11\ See Exchange Rule 404, Interpretations and Policies .02(e).
---------------------------------------------------------------------------

    The Short Term Option Series Program has been well-received by 
market participants and the Exchange believes that introducing finer 
strike price intervals for Short Term Options Series with strike prices 
between $75 and $100, and thereby eliminating the gapped strikes 
described above, will benefit these market participants by giving them 
more flexibility to closely tailor their investment and hedging 
decisions.
    With regard to the impact of this proposal on system capacity, the 
Exchange has analyzed its capacity and represents that it and the 
Options Price Reporting Authority (``OPRA'') have the necessary systems 
capacity to handle any potential additional traffic associated with 
this proposed rule change. The Exchange believes that its members will 
not have a capacity issue as a result of this proposal. The Exchange 
also represents that it does not believe this expansion will cause 
fragmentation of liquidity.

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 that is 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 filings submitted by ISE and 
BOX.\12\ To the contrary, the Exchange believes that the proposed rule 
change will result in additional investment options and opportunities 
to achieve the investment objectives of market participants seeking 
efficient trading and hedging vehicles, to the benefit of investors, 
market participants, and the marketplace in general. Additionally, the 
Exchange believes that the proposed rule change is necessary to permit 
fair competition among the options exchanges with respect to Short Term 
Option Series Programs.
---------------------------------------------------------------------------

    \12\ Id. [sic].
---------------------------------------------------------------------------

C. 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.

[[Page 10175]]

III. Date of Effectiveness of the Proposed Rule Change and Timing for 
Commission Action

    Because the proposed rule change 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, the proposed rule change has become effective 
pursuant to Section 19(b)(3)(A) of the Act \13\ and Rule 19b-4(f)(6) 
thereunder.\14\
---------------------------------------------------------------------------

    \13\ 15 U.S.C. 78s(b)(3)(A).
    \14\ 17 CFR 240.19b-4(f)(6). As required under Rule 19b-
4(f)(6)(iii), the Exchange provided the Commission with 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.
---------------------------------------------------------------------------

    The Exchange has asked the Commission to waive the 30-day operative 
delay so that the proposal may become operative immediately upon 
filing. The Exchange stated that waiver of this requirement will allow 
the Exchange to compete with other exchanges with similar provisions 
without putting the Exchange at a competitive disadvantage. For this 
reason, the Commission believes that the proposed rule change presents 
no novel issues and that waiver of the 30-day operative delay is 
consistent with the protection of investors and the public interest; 
and will allow the Exchange to remain competitive with other exchanges. 
Therefore, the Commission designates the proposed rule change to be 
operative upon filing.\15\
---------------------------------------------------------------------------

    \15\ For purposes only of waiving the 30-day operative delay, 
the Commission has also considered the proposed rule's impact on 
efficiency, competition, and capital formation. See 15 U.S.C. 
78c(f).
---------------------------------------------------------------------------

    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. If the Commission 
takes such action, the Commission shall institute proceedings to 
determine whether the proposed rule should be approved or 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 (http://www.sec.gov/rules/sro.shtml); or
     Send an email to rule-comments@sec.gov. Please include 
File Number SR-MIAX-2015-10 on the subject line.

Paper Comments

     Send paper comments in triplicate to Secretary, Securities 
and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-MIAX-2015-10. 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 
10:00 a.m. and 3:00 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-MIAX-2015-10 and should be 
submitted on or before March 18, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\16\
---------------------------------------------------------------------------

    \16\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Brent J. Fields,
Secretary.
[FR Doc. 2015-03810 Filed 2-24-15; 8:45 am]
BILLING CODE 8011-01-P



                                                                                 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices                                                  10173

                                                    rules and regulations thereunder                          consistent with the requirements of the               II. Self-Regulatory Organization’s
                                                    applicable to such organization.                          Act and in particular with the                        Statement of the Purpose of, and
                                                       The Commission finds that the                          requirements of Section 17A of the                    Statutory Basis for, the Proposed Rule
                                                    proposed rule change is consistent with                   Act 15 and the rules and regulations                  Change
                                                    Section 17A(b)(3)(F) of the Act 14 which                  thereunder.                                              In its filing with the Commission, the
                                                    requires the rules of a clearing agency                                                                         Exchange included statements
                                                                                                                It is therefore ordered, pursuant to
                                                    to, among other things, assure the                                                                              concerning the purpose of and basis for
                                                                                                              Section 19(b)(2) of the Act,16 that the
                                                    safeguarding of securities and funds                                                                            the proposed rule change and discussed
                                                                                                              proposed rule change File No. SR–OCC–
                                                    which are in the custody or control of                                                                          any comments it received on the
                                                                                                              2014–23 be, and it hereby is, approved.
                                                    the clearing agency or for which it is                                                                          proposed rule change. The text of these
                                                    responsible. OCC is amending Article                        For the Commission, by the Division of
                                                                                                                                                                    statements may be examined at the
                                                    XII, Section 7, to include a new policy                   Trading and Markets, pursuant to delegated
                                                                                                                                                                    places specified in Item IV below. The
                                                    and interpretation setting forth the                      authority.17
                                                                                                                                                                    Exchange has prepared summaries, set
                                                    specific criteria a futures exchange must                 Brent J. Fields,                                      forth in sections A, B, and C below, of
                                                    meet in order for EFPs and Block Trades                   Secretary.                                            the most significant aspects of such
                                                    to not be subject to the delayed novation                 [FR Doc. 2015–03811 Filed 2–24–15; 8:45 am]           statements.
                                                    times set forth in Article XII of OCC’s
                                                                                                              BILLING CODE 8011–01–P                                A. Self-Regulatory Organization’s
                                                    By-Laws. Specifically the exchange
                                                    must provide OCC with a certification                                                                           Statement of the Purpose of, and
                                                    that the exchange has rules, policies or                                                                        Statutory Basis for, the Proposed Rule
                                                                                                              SECURITIES AND EXCHANGE                               Change
                                                    procedures as they relate to verifying
                                                    the reasonableness of the price of the                    COMMISSION
                                                                                                                                                                    1. Purpose
                                                    EFP and Block Trade. OCC’s proposal,
                                                    as approved, does not affect the                          [Release No. 34–74301; File No. SR–MIAX–                 The Exchange proposes to amend
                                                    novation time for any securities                          2015–10]                                              Exchange Rule 404, Interpretations and
                                                    transactions.                                                                                                   Policies .02, to extend current $0.50
                                                       OCC has determined that EFPs and                       Self-Regulatory Organizations; Miami                  strike price intervals in non-index
                                                    Block Trades that are subject to price                    International Securities Exchange LLC;                options to short term options with strike
                                                    reasonability checks do not present the                   Notice of Filing and Immediate                        prices less than $100. This is a
                                                    same settlement risks as those executed                   Effectiveness of a Proposed Rule                      competitive filing that is based on
                                                    on exchanges without price                                Change To Amend Exchange Rule 404                     proposals recently submitted by the
                                                    reasonability checks, and as such has                                                                           International Securities Exchange, LLC
                                                                                                              February 19, 2015.                                    (‘‘ISE’’) and BOX Options Exchange LLC
                                                    determined that OCC’s requirement that
                                                    exchanges certify price reasonableness                       Pursuant to the provisions of Section              (‘‘BOX’’).3
                                                    policies and procedures are sufficiently                  19(b)(1) of the Securities Exchange Act                  The Exchange proposes to amend its
                                                    appropriate to mitigate the risks                         of 1934 (‘‘Act’’) 1 and Rule 19b–4                    rules governing the Short Term Option
                                                    associated with non-competitively                         thereunder,2 notice is hereby given that,             Series Program to introduce finer strike
                                                    executed trades. In addition, in the                      on February 9, 2015, Miami                            price intervals for certain Short Term
                                                    event a clearing member fails to its first                International Securities Exchange LLC                 Option Series. In particular, the
                                                    variation payment to OCC on an EFP or                     (‘‘MIAX’’ or ‘‘Exchange’’) filed with the             Exchange proposes to amend Rule 404,
                                                    Block Trade that was executed on an                       Securities and Exchange Commission                    Interpretations and Policies .02(e), to
                                                    exchange with price reasonability                         (‘‘Commission’’) a proposed rule change               extend $0.50 strike price intervals in
                                                    checks, OCC will employ the same risk                     as described in Items I and II below,                 non-index options to Short Term
                                                    management methodology used for all                       which Items have been prepared by the                 Options Series with strike prices less
                                                    other competitively executed trades                       Exchange. The Commission is                           than $100 instead of the current $75.
                                                    accept for clearing at OCC, which                         publishing this notice to solicit                     This proposed change is intended to
                                                    should in turn reduce settlement risks                    comments on the proposed rule change                  eliminate gapped strikes between $75
                                                    that could expose OCC to loss if it is                    from interested persons.                              and $100 that result from conflicting
                                                    required to close out a defaulting                                                                              strike price parameters under the Short
                                                    purchaser’s EFP or Block Trade                            I. Self-Regulatory Organization’s                     Term Option Series and $2.50 Strike
                                                    position. Combining OCC’s price                           Statement of the Terms of Substance of                Price Programs as described in more
                                                    reasonableness requirements for                           the Proposed Rule Change                              detail below.
                                                    exchanges and OCC’s ability to liquidate                                                                           Under the Exchange’s rules, the
                                                                                                                 The Exchange is filing a proposal to               Exchange may list Short Term Option
                                                    futures positions or use its clearing fund                amend Exchange Rule 404.
                                                    to management risks associated with                                                                             Series in up to fifty option classes in
                                                    non-payment of premiums for those                            The text of the proposed rule change               addition to option classes that are
                                                    trades accepted for clearance and                         is available on the Exchange’s Web site               selected by other securities exchanges
                                                    settlement, OCC should have sufficient                    at http://www.miaxoptions.com/filter/                 that employ a similar program under
                                                    risk management controls in place in to                   wotitle/rule_filing, at MIAX’s principal              their respective rules.4 On any Thursday
                                                    assure the safeguarding of securities and                 office, and at the Commission’s Public                or Friday that is a business day, the
                                                                                                              Reference Room.                                       Exchange may list Short Term Option
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    funds which are in the custody of
                                                    control of OCC or for which it is                                                                               Series in designated option classes that
                                                    responsible.                                                15 In approving this proposed rule change, the      expire at the close of business on each
                                                                                                              Commission has considered the proposed rule’s
                                                    III. Conclusion                                           impact on efficiency, competition, and capital           3 See Securities Exchange Act Release Nos. 73999
                                                                                                              formation. See 15 U.S.C. 78c(f).                      (January 6, 2015), 80 FR 1559 (January 12, 2015)
                                                       On the basis of the foregoing, the                       16 15 U.S.C. 78s(b)(2).
                                                                                                                                                                    (SR–ISE–2014–52); 74016 (January 8, 2015), 80 FR
                                                    Commission finds that the proposal is                       17 17 CFR 200.30–3(a)(12).
                                                                                                                                                                    1976 (January 14, 2015) (SR–BOX–2015–01).
                                                                                                                1 15 U.S.C. 78s(b)(1).                                 4 See Exchange Rule 404, Interpretations and
                                                      14 15   U.S.C. 78q–1(b)(3)(F).                            2 17 CFR 240.19b–4.                                 Policies .02(a).



                                               VerDate Sep<11>2014     18:05 Feb 24, 2015   Jkt 235001   PO 00000   Frm 00130   Fmt 4703   Sfmt 4703   E:\FR\FM\25FEN1.SGM   25FEN1


                                                    10174                     Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices

                                                    of the next five Fridays that are business              expiration option; (2) $1intervals for                issues as strikes allowed under the
                                                    days and are not Fridays in which                       strike prices that are between $100 and               $2.50 Strike Price Program would not
                                                    monthly or quarterly options expire.5                   $150; and (3) $2.50 or greater intervals              conflict with the finer $0.50 strike price
                                                    These Short Term Option Series trade in                 for strike prices above $150.                         interval.
                                                    $0.50, $1, or $2.50 strike price intervals
                                                                                                            2. Statutory Basis                                       The Short Term Option Series
                                                    depending on the strike price and
                                                                                                               MIAX believes that its proposed rule               Program has been well-received by
                                                    whether the option trades in dollar
                                                    increments in the related monthly                       change is consistent with Section 6(b) of             market participants and the Exchange
                                                    expiration.6 Specifically, short term                   the Act 9 in general, and furthers the                believes that introducing finer strike
                                                    options in non-index option classes                     objectives of Section 6(b)(5) of the Act 10           price intervals for Short Term Options
                                                    admitted to the Short Term Options                      in particular, in that it is designed to              Series with strike prices between $75
                                                    Series Program currently trade in: (1)                  prevent fraudulent and manipulative                   and $100, and thereby eliminating the
                                                    $0.50 or greater strike price intervals                 acts and practices, to promote just and               gapped strikes described above, will
                                                    where the strike price is less than $75,                equitable principles of trade, to foster              benefit these market participants by
                                                    and $1 or greater where the strike price                cooperation and coordination with                     giving them more flexibility to closely
                                                    is between $75 and $150 for all classes                 persons engaged in facilitating                       tailor their investment and hedging
                                                    that participate in the Short Term                      transactions in securities, to remove                 decisions.
                                                    Option Series Program; (ii) $0.50 strike                impediments to and perfect the
                                                                                                                                                                     With regard to the impact of this
                                                    price intervals for classes that trade in               mechanisms of a free and open market
                                                                                                                                                                  proposal on system capacity, the
                                                    one dollar increments in non-Short                      and a national market system and, in
                                                                                                                                                                  Exchange has analyzed its capacity and
                                                    Term Options and that participate in the                general, to protect investors and the
                                                                                                            public interest.                                      represents that it and the Options Price
                                                    Short Term Option Series Program; or
                                                    (iii) $2.50 or higher strike price intervals               During the month prior to expiration,              Reporting Authority (‘‘OPRA’’) have the
                                                    where the strike price is above $150.                   the Exchange is permitted to list related             necessary systems capacity to handle
                                                       The Exchange also operates a $2.50                   monthly option contracts in the                       any potential additional traffic
                                                    Strike Price Program that permits the                   narrower strike price intervals available             associated with this proposed rule
                                                    Exchange to select up to sixty options                  for Short Term Options Series.11 After                change. The Exchange believes that its
                                                    classes on individual stocks to trade in                transitioning to short term strike price              members will not have a capacity issue
                                                    $2.50 strike price intervals, in addition               intervals, however, monthly options                   as a result of this proposal. The
                                                    to option classes selected by other                     that trade in $2.50 intervals between                 Exchange also represents that it does not
                                                    securities exchanges that employ a                      $50 and $100 under the $2.50 Strike                   believe this expansion will cause
                                                    similar program under their respective                  Price Program, trade with dollar strikes              fragmentation of liquidity.
                                                    rules.7 Monthly expiration options in                   between $75 and $150. Due to the
                                                    classes admitted to the $2.50 Strike                    overlap of $1 and $2.50 intervals, the                B. Self-Regulatory Organization’s
                                                    Price Program trade in $2.50 intervals                  Exchange cannot list certain dollar                   Statement on Burden on Competition
                                                    where the strike price is (1) greater than              strikes between $75 and $100 that                        The Exchange does not believe that
                                                    $25 but less than $50; or (2) between                   conflict with the prior $2.50 strikes. For            the proposed rule change will impose
                                                    $50 and $100 if the strikes are no more                 example, if the Exchange initially listed             any burden on competition that is not
                                                    than $10 from the closing price of the                  monthly options on ABC with $75,
                                                    underlying stock in its primary market                                                                        necessary or appropriate in furtherance
                                                                                                            $77.50, and $80 strikes, the Exchange
                                                    on the preceding day.8 These strike                                                                           of the purposes of the Act. In this regard
                                                                                                            could list the $76 and $79 strikes when
                                                    price parameters conflict with strike                                                                         and as indicated above, the Exchange
                                                                                                            these transition to short term intervals.
                                                    prices allowed for short term options                                                                         notes that the rule change is being
                                                                                                            The Exchange would not be permitted
                                                    because dollar strikes between $75 and                  to list the $77 and $78 strikes, however,             proposed as a competitive response to
                                                    $100 that are otherwise allowed under                   as these are $0.50 away from the $77.50               filings submitted by ISE and BOX.12 To
                                                    the Short Term Option Series Program                    strike already listed on the Exchange.                the contrary, the Exchange believes that
                                                    may be within $0.50 of strikes listed                   This creates gapped strikes between $75               the proposed rule change will result in
                                                    pursuant to the $2.50 Strike Price                      and $100, where investors are not able                additional investment options and
                                                    Program. In order to remedy this                        to trade otherwise allowable dollar                   opportunities to achieve the investment
                                                    conflict, the Exchange proposes to                      strikes on the Exchange. Similarly, these             objectives of market participants seeking
                                                    extend the $0.50 or greater strike price                conflicting strike price parameters                   efficient trading and hedging vehicles,
                                                    intervals currently allowed for Short                   create issues for investors who want to               to the benefit of investors, market
                                                    Term Options Series with strike prices                  roll their positions from monthly to                  participants, and the marketplace in
                                                    less than $75 to Short Term Options                     weekly expirations. In the example                    general. Additionally, the Exchange
                                                    Series with strike prices less than $100.               above, for instance, an investor that                 believes that the proposed rule change
                                                    With this proposed change, Short Term                   purchased a monthly ABC option with                   is necessary to permit fair competition
                                                    Options Series in non-index option                      a $77.50 strike price would not be able               among the options exchanges with
                                                    classes will trade in: (1) $0.50 or greater             to roll that position into a later short              respect to Short Term Option Series
                                                    intervals for strike prices less than $100,             term expiration with the same strike                  Programs.
                                                    or for option classes that trade in one                 price as that strike is unavailable under
                                                                                                                                                                  C. Self-Regulatory Organization’s
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                    dollar increments in the related monthly                current Short Term Option Series
                                                                                                            Program rules. Permitting $0.50                       Statement on Comments on the
                                                       5 See Exchange Rule 404, Interpretations and
                                                                                                            intervals for Short Term Options Series               Proposed Rule Change Received From
                                                    Policies .02.                                                                                                 Members, Participants, or Others
                                                       6 See Exchange Rule 404, Interpretations and         up to $100 would remedy both of these
                                                    Policies .02(e).                                                                                                Written comments were neither
                                                       7 See Exchange Rule 404(f).                            9 15 U.S.C. 78f(b).
                                                       8 Id. The term ‘‘primary market’’ means the            10 15 U.S.C. 78f(b)(5).                             solicited nor received.
                                                    principal market in which an underlying security          11 See Exchange Rule 404, Interpretations and

                                                    is traded. See Exchange Rule 100.                       Policies .02(e).                                        12 Id.   [sic].



                                               VerDate Sep<11>2014   18:05 Feb 24, 2015   Jkt 235001   PO 00000   Frm 00131   Fmt 4703   Sfmt 4703   E:\FR\FM\25FEN1.SGM     25FEN1


                                                                               Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices                                               10175

                                                    III. Date of Effectiveness of the                       Comments may be submitted by any of                    SECURITIES AND EXCHANGE
                                                    Proposed Rule Change and Timing for                     the following methods:                                 COMMISSION
                                                    Commission Action
                                                                                                            Electronic Comments
                                                       Because the proposed rule change                                                                            [Release No. 34–74311; File No. SR–
                                                    does not (i) significantly affect the                     • Use the Commission’s Internet                      ISEGemini–2015–05]
                                                    protection of investors or the public                   comment form (http://www.sec.gov/
                                                    interest; (ii) impose any significant                   rules/sro.shtml); or                                   Self-Regulatory Organizations; ISE
                                                    burden on competition; and (iii) become                                                                        Gemini, LLC; Notice of Filing and
                                                                                                              • Send an email to rule-comments@
                                                    operative for 30 days from the date on                                                                         Immediate Effectiveness of Proposed
                                                                                                            sec.gov. Please include File Number SR–
                                                    which it was filed, or such shorter time                                                                       Rule Change to Extend the Limit Up-
                                                    as the Commission may designate, the                    MIAX–2015–10 on the subject line.
                                                                                                                                                                   Limit Down Obvious Error Pilot
                                                    proposed rule change has become                         Paper Comments
                                                    effective pursuant to Section 19(b)(3)(A)                                                                      February 19, 2015.
                                                    of the Act 13 and Rule 19b–4(f)(6)                         • Send paper comments in triplicate                    Pursuant to Section 19(b)(1) of the
                                                    thereunder.14                                           to Secretary, Securities and Exchange                  Securities Exchange Act of 1934 (the
                                                       The Exchange has asked the                           Commission, 100 F Street NE.,                          ‘‘Act’’),1 and Rule 19b–4 thereunder,2
                                                    Commission to waive the 30-day                          Washington, DC 20549–1090.                             notice is hereby given that on February
                                                    operative delay so that the proposal may
                                                                                                            All submissions should refer to File                   19, 2015, ISE Gemini, LLC (the
                                                    become operative immediately upon
                                                                                                            Number SR–MIAX–2015–10. This file                      ‘‘Exchange’’ or ‘‘ISE Gemini’’) filed with
                                                    filing. The Exchange stated that waiver
                                                    of this requirement will allow the                      number should be included on the                       the Securities and Exchange
                                                    Exchange to compete with other                          subject line if email is used. To help the             Commission (‘‘Commission’’) the
                                                    exchanges with similar provisions                       Commission process and review your                     proposed rule change as described in
                                                    without putting the Exchange at a                       comments more efficiently, please use                  Items I and II below, which Items have
                                                    competitive disadvantage. For this                      only one method. The Commission will                   been prepared by the self-regulatory
                                                    reason, the Commission believes that                    post all comments on the Commission’s                  organization. The Commission is
                                                    the proposed rule change presents no                    Internet Web site (http://www.sec.gov/                 publishing this notice to solicit
                                                    novel issues and that waiver of the 30-                 rules/sro.shtml). Copies of the                        comments on the proposed rule change
                                                    day operative delay is consistent with                  submission, all subsequent                             from interested persons.
                                                    the protection of investors and the                     amendments, all written statements
                                                    public interest; and will allow the                     with respect to the proposed rule                      I. Self-Regulatory Organization’s
                                                    Exchange to remain competitive with                     change that are filed with the                         Statement of the Terms of the Substance
                                                    other exchanges. Therefore, the                         Commission, and all written                            of the Proposed Rule Change
                                                    Commission designates the proposed                      communications relating to the                            ISE Gemini proposes to extend a pilot
                                                    rule change to be operative upon                        proposed rule change between the
                                                    filing.15                                                                                                      program under Rule 703A(d) that
                                                                                                            Commission and any person, other than                  suspends Rule 720 regarding obvious
                                                       At any time within 60 days of the                    those that may be withheld from the
                                                    filing of the proposed rule change, the                                                                        errors during Limit and Straddle States
                                                                                                            public in accordance with the                          in securities that underlie options
                                                    Commission summarily may
                                                                                                            provisions of 5 U.S.C. 552, will be                    traded on the Exchange. The text of the
                                                    temporarily suspend such rule change if
                                                    it appears to the Commission that such                  available for Web site viewing and                     proposed rule change is available on the
                                                    action is necessary or appropriate in the               printing in the Commission’s Public                    Exchange’s Internet Web site at http://
                                                    public interest, for the protection of                  Reference Room, 100 F Street NE.,                      www.ise.com, at the principal office of
                                                    investors, or otherwise in furtherance of               Washington, DC 20549, on official                      the Exchange, and at the Commission’s
                                                    the purposes of the Act. If the                         business days between the hours of                     Public Reference Room.
                                                    Commission takes such action, the                       10:00 a.m. and 3:00 p.m. Copies of the
                                                    Commission shall institute proceedings                  filing also will be available for                      II. Self-Regulatory Organization’s
                                                    to determine whether the proposed rule                  inspection and copying at the principal                Statement of the Purpose of, and
                                                    should be approved or disapproved.                      office of the Exchange. All comments                   Statutory Basis for, the Proposed Rule
                                                                                                            received will be posted without change;                Change
                                                    IV. Solicitation of Comments
                                                                                                            the Commission does not edit personal
                                                      Interested persons are invited to                                                                              In its filing with the Commission, the
                                                                                                            identifying information from
                                                    submit written data, views and                                                                                 Exchange included statements
                                                                                                            submissions. You should submit only
                                                    arguments concerning the foregoing,                                                                            concerning the purpose of, and basis for,
                                                                                                            information that you wish to make
                                                    including whether the proposed rule                                                                            the proposed rule change and discussed
                                                                                                            available publicly. All submissions
                                                    change is consistent with the Act.                                                                             any comments it received on the
                                                                                                            should refer to File Number SR–MIAX–
                                                                                                                                                                   proposed rule change. The text of these
                                                                                                            2015–10 and should be submitted on or
                                                      13 15  U.S.C. 78s(b)(3)(A).                                                                                  statements may be examined at the
                                                                                                            before March 18, 2015.
                                                      14 17  CFR 240.19b–4(f)(6). As required under Rule                                                           places specified in Item IV below. The
                                                    19b–4(f)(6)(iii), the Exchange provided the               For the Commission, by the Division of               self-regulatory organization has
                                                    Commission with written notice of its intent to file
asabaliauskas on DSK5VPTVN1PROD with NOTICES




                                                                                                            Trading and Markets, pursuant to delegated             prepared summaries, set forth in
                                                    the proposed rule change, along with a brief
                                                    description and the text of the proposed rule           authority.16                                           Sections A, B and C below, of the most
                                                    change, at least five business days prior to the date   Brent J. Fields,                                       significant aspects of such statements.
                                                    of filing of the proposed rule change, or such
                                                    shorter time as designated by the Commission.           Secretary.
                                                       15 For purposes only of waiving the 30-day           [FR Doc. 2015–03810 Filed 2–24–15; 8:45 am]
                                                    operative delay, the Commission has also                BILLING CODE 8011–01–P
                                                    considered the proposed rule’s impact on
                                                                                                                                                                     1 15   U.S.C. 78s(b)(1).
                                                    efficiency, competition, and capital formation. See
                                                    15 U.S.C. 78c(f).                                         16 17   CFR 200.30–3(a)(12).                           2 17   CFR 240.19b–4.



                                               VerDate Sep<11>2014   18:05 Feb 24, 2015   Jkt 235001   PO 00000   Frm 00132    Fmt 4703   Sfmt 4703   E:\FR\FM\25FEN1.SGM    25FEN1



Document Created: 2015-12-18 13:09:39
Document Modified: 2015-12-18 13:09:39
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 10173 

2024 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR