80_FR_15895 80 FR 15838 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Rules Governing the Short Term Option Series Program To Extend Current $0.50 Strike Price Intervals in Non-Index Options to Short Term Options With Strike Prices Less Than $100

80 FR 15838 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Amending Its Rules Governing the Short Term Option Series Program To Extend Current $0.50 Strike Price Intervals in Non-Index Options to Short Term Options With Strike Prices Less Than $100

SECURITIES AND EXCHANGE COMMISSION

Federal Register Volume 80, Issue 57 (March 25, 2015)

Page Range15838-15840
FR Document2015-06718

Federal Register, Volume 80 Issue 57 (Wednesday, March 25, 2015)
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Notices]
[Pages 15838-15840]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06718]


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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74541; File No. SR-NYSEARCA-2015-16]


Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing 
and Immediate Effectiveness of Proposed Rule Change Amending Its Rules 
Governing the Short Term Option Series Program To Extend Current $0.50 
Strike Price Intervals in Non-Index Options to Short Term Options With 
Strike Prices Less Than $100

March 19, 2015.
    Pursuant to Section 19(b)(1) \1\ of the Securities Exchange Act of 
1934 (the ``Act'') \2\ and Rule 19b-4 thereunder,\3\ notice is hereby 
given that, on March 12, 2015, NYSE Arca, Inc. (the ``Exchange'' or 
``NYSE Arca'') filed with the Securities and Exchange Commission (the 
``Commission'') the proposed rule change as described in Items I and II 
below, which Items have been prepared by the self-regulatory 
organization. The Commission is publishing this notice to solicit 
comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C.78s(b)(1).
    \2\ 15 U.S.C. 78a.
    \3\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance 
of the Proposed Rule Change

    The Exchange proposes to amend its rules governing the Short Term 
Option Series program to extend current $0.50 strike price intervals in 
non-index options to Short Term Options with strike prices less than 
$100. The text of the proposed rule change is available on the 
Exchange's Web site at www.nyse.com, at the principal office of the 
Exchange, 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 self-regulatory organization 
included statements concerning the purpose of, and basis for, the 
proposed rule change and discussed any comments it received on the 
proposed rule change. The text of those statements may be examined at 
the places specified in Item IV below. The Exchange has prepared 
summaries, set forth in sections A, B, and C below, of the most 
significant parts of such statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and 
Statutory Basis for, the Proposed Rule Change

1. Purpose
    The Exchange proposes to amend its rules governing the Short Term 
Option Series program (``STOS Program'') to introduce finer strike 
price intervals for certain short term options. In particular, the 
Exchange proposes to amend Commentary .07(e) to Rule 6.4 to extend 
current $0.50 strike price intervals in non-index options to short term 
options 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 STOS and $2.50 Strike Price Programs as described in more detail 
below. The Exchange believes that the proposed rule change would 
increase market efficiency as it would align the Exchange's rules with 
recently approved changes to the rules governing short term options 
series programs of other options exchanges,\4\ which would enable the 
Exchange to compete equally and fairly with other options exchanges in 
satisfying strong customer demand to have the ability to execute 
hedging and trading strategies in finer strike price intervals.
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    \4\ See Securities and Exchange Act Release No. 73999 (January 
6, 2015), 80 FR 1599 [sic] (January 12, 2015) (SR-ISE-2014-52) 
(order granting approval of proposed rule change regarding short 
term option series program). Following approval of filing by the 
International Securities Exchange, LLC, several other option 
exchanges submitted ``copycat'' filings for immediate effectiveness. 
See, e.g., Securities and Exchange Act Release Nos. 74016 (January 
8, 2015), 80 FR 1976 (January 14, 2015) (SR-BOX-2015-01); 74144 
(January 27, 2015), 80 FR 5602 (February 2, 2015) (SR-CBOE-2015-09 
[sic]); 74145 (January 27, 2015), 80 FR 5600 (February 2, 2015) (SR-
Phlx-2015-09); 74146 (January 27, 2015), 80 FR 5595 (February 2, 
2015) (SR-NASDAQ-2015-005); 74147 (January 27, 2015), 80 FR 5604 
(February 2, 2015) (SR-BX-2015-006).
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    Pursuant to Commentary .07(b) to Rule 6.4, the Exchange may list 
short term options 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.\5\ For each of these 
option classes, the Exchange may list five short term option expiration 
dates at any given time, not counting monthly or quarterly 
expirations.\6\ Specifically, on any Thursday or Friday that is a 
business day, the Exchange currently may list short term options that 
expire at the close of business on each of the next five Fridays that 
are business days and are not Fridays in which monthly or quarterly 
options expire.\7\ These short term option series may be listed in 
strike price intervals of $0.50, $1, or $2.50, with the finer strike 
price intervals being offered for lower priced securities,\8\ and for 
options that trade in dollar increments in the related monthly 
expiration.\9\ More specifically, per current Commentary .07(e) to Rule 
6.4, the strike price interval for STOS may be $0.50 or greater for 
option classes that both trade in $1 strike price intervals and are in 
the STOS Program. If the class does not trade in $1 strike price 
intervals, the Exchange may list STOS in $0.50 intervals for strike 
prices less than $75; in $1 intervals for strike prices that are 
between $75 and $150; and in $2.50 intervals for strike prices greater 
than $150.10.\10\
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    \5\ The Exchange notes that the number of option classes that 
may participate in the STOS Program is aggregated between equity 
options and index options and is not apportioned between equity 
options and index options. For STOS Program rules regarding index 
options, see Rule 5.19; Rule 5.10(b)(24).
    \6\ See Commentary .07(a) to Rule 6.4.
    \7\ Id.
    \8\ See Commentary .07(e) to Rule 6.4.
    \9\ See Commentary .04 to Rule 6.4 (allows the Exchange to 
designate up to 150 options classes on individual stocks to be 
traded in $1 strike price intervals where the strike price is 
between $50 and $1).
    \10\ See Commentary .07(e) to Rule 6.4.
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    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.\11\ 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.\12\ In certain instances, these strike 
price parameters conflict with strike prices allowed for short term 
options as dollar strikes between $75 and $100 otherwise allowed under 
the STOS Program may

[[Page 15839]]

be within $0.50 of strikes listed pursuant to the $2.50 Strike Price 
Program.
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    \11\ See Commentary .03 to Rule 6.4.
    \12\ Id. The term ``primary market'' is defined in Rule 6.1(7) 
[sic] as the principal market in which an underlying security is 
traded.
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    To remedy this conflict, the Exchange proposes to extend the $0.50 
strike price intervals, currently allowed for short term options with 
strike prices less than $75, to short term options with strike prices 
less than $100. With this proposed change, short term options in non-
index option classes would 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) $1 or 
greater intervals for strike prices that are between $100 and $150; and 
(3) $2.50 or greater intervals for strike prices above $150.\13\ The 
Exchange believes that this proposed change would eliminate gapped 
strikes between $75 and $100. The Exchange also believes that the 
proposed rule change would provide the investing public and other 
markets with additional opportunities to hedge their investments, thus 
allowing these investors to better manage their risk exposure. In 
addition, as noted above, the Exchange believes the proposed rule 
change would harmonize the Exchange's rules with recently approved 
rules on competing options exchanges, which consistency across markets 
would benefit investors.\14\
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    \13\ See proposed Commentary .07(e) to Rule 6.4.
    \14\ See supra n. 4.
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    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 OTP Firms and 
OTP Holders would not have a capacity issue as a result of this 
proposal. The Exchange also represents that it does not believe this 
expansion would cause fragmentation of liquidity.
 2. Statutory Basis
    The Exchange believes that the proposed change is consistent with 
Section 6(b) of the Act,\15\ in general, and furthers the objectives of 
Section 6(b)(5),\16\ in particular, in that it is designed to promote 
just and equitable principles of trade, to remove impediments to, and 
perfect the mechanism of a free and open market and, in general, to 
protect investors and the public interest.
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    \15\ 15 U.S.C. 78f(b).
    \16\ 15 U.S.C. 78f(b)(5).
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    The Exchange believes that the proposed change would result in a 
continuing benefit to investors by giving them more flexibility to 
closely tailor their investment and hedging decisions, thus allowing 
them to better manage their risk exposure. Under the Exchange's current 
rules, 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 option series.\17\ 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 [sic] 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 monthly options 
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.
---------------------------------------------------------------------------

    \17\ See Commentary .07(e) to Rule 6.4 (regarding Related Non-
Short Term option series).
---------------------------------------------------------------------------

    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 STOS 
Program rules. Thus, the Exchange believes that permitting $0.50 
intervals for short term options 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. The STOS 
Program has been well-received by market participants and the Exchange 
believes that introducing finer strike price intervals for short term 
options with strike prices between $75 and $100, and thereby 
eliminating the gapped strikes described above, would 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 OPRA 
have the necessary systems capacity to handle any potential additional 
traffic associated with this proposed rule change. The Exchange 
believes that its OTP Firms and OTP Holders would not have a capacity 
issue as a result of this proposal. The Exchange also represents that 
it does not believe this expansion would cause fragmentation of 
liquidity.

B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that this proposed rule change would 
impose any burden on competition not necessary or appropriate in 
furtherance of the purposes of the Act. To the contrary, the Exchange 
believes that the proposed rule change would 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. In addition, as noted above, the Exchange 
believes the proposed rule change is pro-competitive and would allow 
the Exchange to compete more effectively with other options exchanges 
that have already adopted changes to their short term option series 
programs that are substantially identical to the changes proposed by 
this filing.\18\
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    \18\ See supra n. 4.
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C. Self-Regulatory Organization's Statement on Comments on the Proposed 
Rule Change Received From Members, Participants, or Others

    No written comments were solicited or received with respect to the 
proposed rule change.

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

    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 \19\ and Rule 19b-4(f)(6) 
thereunder.\20\
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    \19\ 15 U.S.C. 78s(b)(3)(A).
    \20\ 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.

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[[Page 15840]]

    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 enable 
the Exchange to, as soon as possible, have the ability to compete with 
option exchanges that have incorporated the proposed rule change to 
their short term option series programs. 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. Therefore, the 
Commission designates the proposed rule change to be operative upon 
filing.\21\
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    \21\ 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 [email protected]. Please include 
File Number SR-NYSEARCA-2015-16 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-NYSEARCA-2015-16. 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-NYSEARCA-2015-16 and should 
be submitted on or before April 15, 2015.

    For the Commission, by the Division of Trading and Markets, 
pursuant to delegated authority.\22\
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    \22\ 17 CFR 200.30-3(a)(12).
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Brent J. Fields,
Secretary.
[FR Doc. 2015-06718 Filed 3-24-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                15838                          Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Notices

                                                  For the Commission, by the Division of                and discussed any comments it received                  For each of these option classes, the
                                                Trading and Markets, pursuant to delegated              on the proposed rule change. The text                   Exchange may list five short term option
                                                authority.11                                            of those statements may be examined at                  expiration dates at any given time, not
                                                Brent J. Fields,                                        the places specified in Item IV below.                  counting monthly or quarterly
                                                Secretary.                                              The Exchange has prepared summaries,                    expirations.6 Specifically, on any
                                                [FR Doc. 2015–06716 Filed 3–24–15; 8:45 am]             set forth in sections A, B, and C below,                Thursday or Friday that is a business
                                                BILLING CODE 8011–01–P                                  of the most significant parts of such                   day, the Exchange currently may list
                                                                                                        statements.                                             short term options that expire at the
                                                                                                                                                                close of business on each of the next
                                                                                                        A. Self-Regulatory Organization’s                       five Fridays that are business days and
                                                SECURITIES AND EXCHANGE
                                                                                                        Statement of the Purpose of, and                        are not Fridays in which monthly or
                                                COMMISSION
                                                                                                        Statutory Basis for, the Proposed Rule                  quarterly options expire.7 These short
                                                [Release No. 34–74541; File No. SR–                     Change
                                                NYSEARCA–2015–16]                                                                                               term option series may be listed in
                                                                                                        1. Purpose                                              strike price intervals of $0.50, $1, or
                                                Self-Regulatory Organizations; NYSE                        The Exchange proposes to amend its                   $2.50, with the finer strike price
                                                Arca, Inc.; Notice of Filing and                        rules governing the Short Term Option                   intervals being offered for lower priced
                                                Immediate Effectiveness of Proposed                     Series program (‘‘STOS Program’’) to                    securities,8 and for options that trade in
                                                Rule Change Amending Its Rules                          introduce finer strike price intervals for              dollar increments in the related monthly
                                                Governing the Short Term Option                         certain short term options. In particular,              expiration.9 More specifically, per
                                                Series Program To Extend Current                        the Exchange proposes to amend                          current Commentary .07(e) to Rule 6.4,
                                                $0.50 Strike Price Intervals in Non-                    Commentary .07(e) to Rule 6.4 to extend                 the strike price interval for STOS may
                                                Index Options to Short Term Options                     current $0.50 strike price intervals in                 be $0.50 or greater for option classes
                                                With Strike Prices Less Than $100                       non-index options to short term options                 that both trade in $1 strike price
                                                                                                        with strike prices less than $100 instead               intervals and are in the STOS Program.
                                                March 19, 2015.                                                                                                 If the class does not trade in $1 strike
                                                                                                        of the current $75. This proposed
                                                   Pursuant to Section 19(b)(1) 1 of the                                                                        price intervals, the Exchange may list
                                                                                                        change is intended to eliminate gapped
                                                Securities Exchange Act of 1934 (the                                                                            STOS in $0.50 intervals for strike prices
                                                                                                        strikes between $75 and $100 that result
                                                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                                                                          less than $75; in $1 intervals for strike
                                                                                                        from conflicting strike price parameters
                                                notice is hereby given that, on March                                                                           prices that are between $75 and $150;
                                                                                                        under the STOS and $2.50 Strike Price
                                                12, 2015, NYSE Arca, Inc. (the                                                                                  and in $2.50 intervals for strike prices
                                                                                                        Programs as described in more detail
                                                ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with                                                                       greater than $150.10.10
                                                                                                        below. The Exchange believes that the
                                                the Securities and Exchange                                                                                        The Exchange also operates a $2.50
                                                                                                        proposed rule change would increase
                                                Commission (the ‘‘Commission’’) the                                                                             Strike Price Program that permits the
                                                                                                        market efficiency as it would align the
                                                proposed rule change as described in                                                                            Exchange to select up to sixty options
                                                                                                        Exchange’s rules with recently approved
                                                Items I and II below, which Items have                                                                          classes on individual stocks to trade in
                                                                                                        changes to the rules governing short
                                                been prepared by the self-regulatory                                                                            $2.50 strike price intervals, in addition
                                                                                                        term options series programs of other
                                                organization. The Commission is                                                                                 to option classes selected by other
                                                                                                        options exchanges,4 which would
                                                publishing this notice to solicit                                                                               securities exchanges that employ a
                                                                                                        enable the Exchange to compete equally
                                                comments on the proposed rule change                                                                            similar program under their respective
                                                                                                        and fairly with other options exchanges
                                                from interested persons.                                                                                        rules.11 Monthly expiration options in
                                                                                                        in satisfying strong customer demand to
                                                                                                                                                                classes admitted to the $2.50 Strike
                                                I. Self-Regulatory Organization’s                       have the ability to execute hedging and
                                                                                                                                                                Price Program trade in $2.50 intervals
                                                Statement of the Terms of Substance of                  trading strategies in finer strike price
                                                                                                                                                                where the strike price is (1) greater than
                                                the Proposed Rule Change                                intervals.
                                                                                                           Pursuant to Commentary .07(b) to                     $25 but less than $50; or (2) between
                                                   The Exchange proposes to amend its                                                                           $50 and $100 if the strikes are no more
                                                rules governing the Short Term Option                   Rule 6.4, the Exchange may list short
                                                                                                        term options in up to fifty option                      than $10 from the closing price of the
                                                Series program to extend current $0.50                                                                          underlying stock in its primary market
                                                strike price intervals in non-index                     classes, in addition to option classes
                                                                                                        that are selected by other securities                   on the preceding day.12 In certain
                                                options to Short Term Options with                                                                              instances, these strike price parameters
                                                strike prices less than $100. The text of               exchanges that employ a similar
                                                                                                        program under their respective rules.5                  conflict with strike prices allowed for
                                                the proposed rule change is available on                                                                        short term options as dollar strikes
                                                the Exchange’s Web site at                                 4 See Securities and Exchange Act Release No.        between $75 and $100 otherwise
                                                www.nyse.com, at the principal office of                73999 (January 6, 2015), 80 FR 1599 [sic] (January      allowed under the STOS Program may
                                                the Exchange, and at the Commission’s                   12, 2015) (SR–ISE–2014–52) (order granting
                                                Public Reference Room.                                  approval of proposed rule change regarding short        options and is not apportioned between equity
                                                                                                        term option series program). Following approval of      options and index options. For STOS Program rules
                                                II. Self-Regulatory Organization’s                      filing by the International Securities Exchange, LLC,   regarding index options, see Rule 5.19; Rule
                                                Statement of the Purpose of, and                        several other option exchanges submitted ‘‘copycat’’    5.10(b)(24).
                                                                                                        filings for immediate effectiveness. See, e.g.,           6 See Commentary .07(a) to Rule 6.4.
                                                Statutory Basis for, the Proposed Rule                  Securities and Exchange Act Release Nos. 74016            7 Id.
                                                Change                                                  (January 8, 2015), 80 FR 1976 (January 14, 2015)          8 See Commentary .07(e) to Rule 6.4.
                                                                                                        (SR–BOX–2015–01); 74144 (January 27, 2015), 80
                                                  In its filing with the Commission, the                FR 5602 (February 2, 2015) (SR–CBOE–2015–09
                                                                                                                                                                  9 See Commentary .04 to Rule 6.4 (allows the
rljohnson on DSK3VPTVN1PROD with NOTICES




                                                self-regulatory organization included                   [sic]); 74145 (January 27, 2015), 80 FR 5600            Exchange to designate up to 150 options classes on
                                                statements concerning the purpose of,                   (February 2, 2015) (SR–Phlx–2015–09); 74146             individual stocks to be traded in $1 strike price
                                                                                                        (January 27, 2015), 80 FR 5595 (February 2, 2015)       intervals where the strike price is between $50 and
                                                and basis for, the proposed rule change                                                                         $1).
                                                                                                        (SR–NASDAQ–2015–005); 74147 (January 27,
                                                                                                                                                                  10 See Commentary .07(e) to Rule 6.4.
                                                                                                        2015), 80 FR 5604 (February 2, 2015) (SR–BX–
                                                  11 17 CFR 200.30–3(a)(12).                                                                                      11 See Commentary .03 to Rule 6.4.
                                                                                                        2015–006).
                                                  1 15 U.S.C.78s(b)(1).                                    5 The Exchange notes that the number of option         12 Id. The term ‘‘primary market’’ is defined in
                                                  2 15 U.S.C. 78a.
                                                                                                        classes that may participate in the STOS Program        Rule 6.1(7) [sic] as the principal market in which
                                                  3 17 CFR 240.19b–4.                                   is aggregated between equity options and index          an underlying security is traded.



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                                                                            Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Notices                                                     15839

                                                be within $0.50 of strikes listed                       continuing benefit to investors by giving             represents that it and the OPRA have
                                                pursuant to the $2.50 Strike Price                      them more flexibility to closely tailor               the necessary systems capacity to
                                                Program.                                                their investment and hedging decisions,               handle any potential additional traffic
                                                   To remedy this conflict, the Exchange                thus allowing them to better manage                   associated with this proposed rule
                                                proposes to extend the $0.50 strike price               their risk exposure. Under the                        change. The Exchange believes that its
                                                intervals, currently allowed for short                  Exchange’s current rules, during the                  OTP Firms and OTP Holders would not
                                                term options with strike prices less than               month prior to expiration, the Exchange               have a capacity issue as a result of this
                                                $75, to short term options with strike                  is permitted to list related monthly                  proposal. The Exchange also represents
                                                prices less than $100. With this                        option contracts in the narrower strike               that it does not believe this expansion
                                                proposed change, short term options in                  price intervals available for short term              would cause fragmentation of liquidity.
                                                non-index option classes would trade                    option series.17 After transitioning to
                                                in: (1) $0.50 or greater intervals for                  short term strike price intervals,                    B. Self-Regulatory Organization’s
                                                strike prices less than $100, or for                    however, monthly options that trade in                Statement on Burden on Competition
                                                option classes that trade in one dollar                 $2.50 intervals between $50 and $100                     The Exchange does not believe that
                                                increments in the related monthly                       under the $2.50 Strike Price Program,                 this proposed rule change would
                                                expiration option; (2) $1 or greater                    trade with dollar strikes between $75                 impose any burden on competition not
                                                intervals for strike prices that are                    and $150. Due [sic] the overlap of $1                 necessary or appropriate in furtherance
                                                between $100 and $150; and (3) $2.50                    and $2.50 intervals, the Exchange                     of the purposes of the Act. To the
                                                or greater intervals for strike prices                  cannot list certain dollar strikes between            contrary, the Exchange believes that the
                                                above $150.13 The Exchange believes                     $75 and $100 that conflict with the prior             proposed rule change would result in
                                                that this proposed change would                         $2.50 strikes. For example, if the                    additional investment options and
                                                eliminate gapped strikes between $75                    Exchange initially listed monthly                     opportunities to achieve the investment
                                                and $100. The Exchange also believes                    options on ABC with $75, $77.50, and                  objectives of market participants seeking
                                                that the proposed rule change would                     $80 strikes, the Exchange could list the              efficient trading and hedging vehicles,
                                                provide the investing public and other                  $76 and $79 strikes when these monthly                to the benefit of investors, market
                                                markets with additional opportunities to                options transition to short term                      participants, and the marketplace in
                                                hedge their investments, thus allowing                  intervals. The Exchange would not be                  general. In addition, as noted above, the
                                                these investors to better manage their                  permitted to list the $77 and $78 strikes,            Exchange believes the proposed rule
                                                risk exposure. In addition, as noted                    however, as these are $0.50 away from                 change is pro-competitive and would
                                                above, the Exchange believes the                        the $77.50 strike already listed on the               allow the Exchange to compete more
                                                proposed rule change would harmonize                    Exchange. This creates gapped strikes                 effectively with other options exchanges
                                                the Exchange’s rules with recently                      between $75 and $100, where investors                 that have already adopted changes to
                                                approved rules on competing options                     are not able to trade otherwise allowable             their short term option series programs
                                                exchanges, which consistency across                     dollar strikes on the Exchange.                       that are substantially identical to the
                                                markets would benefit investors.14                         Similarly, these conflicting strike                changes proposed by this filing.18
                                                   With regard to the impact of this                    price parameters create issues for
                                                proposal on system capacity, the                        investors who want to roll their                      C. Self-Regulatory Organization’s
                                                Exchange has analyzed its capacity and                  positions from monthly to weekly                      Statement on Comments on the
                                                represents that it and the Options Price                expirations. In the example above, for                Proposed Rule Change Received From
                                                Reporting Authority (‘‘OPRA’’) have the                 instance, an investor that purchased a                Members, Participants, or Others
                                                necessary systems capacity to handle                    monthly ABC option with a $77.50                        No written comments were solicited
                                                any potential additional traffic                        strike price would not be able to roll                or received with respect to the proposed
                                                associated with this proposed rule                      that position into a later short term                 rule change.
                                                change. The Exchange believes that its                  expiration with the same strike price as
                                                                                                        that strike is unavailable under current              III. Date of Effectiveness of the
                                                OTP Firms and OTP Holders would not
                                                                                                        STOS Program rules. Thus, the                         Proposed Rule Change and Timing for
                                                have a capacity issue as a result of this
                                                                                                        Exchange believes that permitting $0.50               Commission Action
                                                proposal. The Exchange also represents
                                                that it does not believe this expansion                 intervals for short term options up to                   Because the proposed rule change
                                                would cause fragmentation of liquidity.                 $100 would remedy both of these issues                does not (i) significantly affect the
                                                                                                        as strikes allowed under the $2.50 Strike             protection of investors or the public
                                                2. Statutory Basis                                      Price Program would not conflict with                 interest; (ii) impose any significant
                                                   The Exchange believes that the                       the finer $0.50 strike price interval. The            burden on competition; and (iii) become
                                                proposed change is consistent with                      STOS Program has been well-received                   operative for 30 days from the date on
                                                Section 6(b) of the Act,15 in general, and              by market participants and the                        which it was filed, or such shorter time
                                                furthers the objectives of Section                      Exchange believes that introducing finer              as the Commission may designate, the
                                                6(b)(5),16 in particular, in that it is                 strike price intervals for short term                 proposed rule change has become
                                                designed to promote just and equitable                  options with strike prices between $75                effective pursuant to Section 19(b)(3)(A)
                                                principles of trade, to remove                          and $100, and thereby eliminating the                 of the Act 19 and Rule 19b–4(f)(6)
                                                impediments to, and perfect the                         gapped strikes described above, would                 thereunder.20
                                                mechanism of a free and open market                     benefit these market participants by
                                                and, in general, to protect investors and               giving them more flexibility to closely                 18 See  supra n. 4.
rljohnson on DSK3VPTVN1PROD with NOTICES




                                                the public interest.                                    tailor their investment and hedging                     19 15  U.S.C. 78s(b)(3)(A).
                                                   The Exchange believes that the                       decisions.                                              20 17 CFR 240.19b–4(f)(6). As required under Rule

                                                proposed change would result in a                          With regard to the impact of this                  19b–4(f)(6)(iii), the Exchange provided the
                                                                                                        proposal on system capacity, the                      Commission with written notice of its intent to file
                                                                                                                                                              the proposed rule change, along with a brief
                                                  13 See proposed Commentary .07(e) to Rule 6.4.        Exchange has analyzed its capacity and                description and the text of the proposed rule
                                                  14 See supra n. 4.                                                                                          change, at least five business days prior to the date
                                                  15 15 U.S.C. 78f(b).                                    17 See Commentary .07(e) to Rule 6.4 (regarding     of filing of the proposed rule change, or such
                                                  16 15 U.S.C. 78f(b)(5).                               Related Non-Short Term option series).                shorter time as designated by the Commission.



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                                                15840                       Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Notices

                                                   The Exchange has asked the                           Internet Web site (http://www.sec.gov/                been prepared by the self-regulatory
                                                Commission to waive the 30-day                          rules/sro.shtml). Copies of the                       organization. The Commission is
                                                operative delay so that the proposal may                submission, all subsequent                            publishing this notice to solicit
                                                become operative immediately upon                       amendments, all written statements                    comments on the proposed rule change
                                                filing. The Exchange stated that waiver                 with respect to the proposed rule                     from interested persons.
                                                of this requirement will enable the                     change that are filed with the
                                                Exchange to, as soon as possible, have                  Commission, and all written                           I. Self-Regulatory Organization’s
                                                the ability to compete with option                      communications relating to the                        Statement of the Terms of Substance of
                                                exchanges that have incorporated the                    proposed rule change between the                      the Proposed Rule Change
                                                proposed rule change to their short term                Commission and any person, other than                    The Exchange proposes to (1) to
                                                option series programs. For this reason,                those that may be withheld from the                   reflect a change to the value used by the
                                                the Commission believes that the                        public in accordance with the                         SPDR® Gold Trust, which is currently
                                                proposed rule change presents no novel                  provisions of 5 U.S.C. 552, will be                   listed on the Exchange under NYSE
                                                issues and that waiver of the 30-day                    available for Web site viewing and                    Arca Equities Rule 5.2(j)(5); iShares
                                                operative delay is consistent with the                  printing in the Commission’s Public                   Gold Trust, ETFS Gold Trust, ETFS
                                                protection of investors and the public                  Reference Room, 100 F Street NE.,                     Precious Metals Basket Trust, ETFS
                                                interest. Therefore, the Commission                     Washington, DC 20549, on official                     Asian Gold Trust and Merk Gold Trust,
                                                designates the proposed rule change to                  business days between the hours of                    each of which is currently listed on the
                                                be operative upon filing.21                             10:00 a.m. and 3:00 p.m. Copies of the                Exchange under NYSE Arca Equities
                                                   At any time within 60 days of the                    filing also will be available for                     Rule 8.201, with respect to calculation
                                                filing of the proposed rule change, the                 inspection and copying at the principal               of the net asset value of shares of each
                                                Commission summarily may                                office of the Exchange. All comments                  trust; and (2) to reflect a change to the
                                                temporarily suspend such rule change if                 received will be posted without change;               underlying benchmark for ProShares
                                                it appears to the Commission that such                  the Commission does not edit personal                 Ultra Gold and ProShares UltraShort
                                                action is necessary or appropriate in the               identifying information from                          Gold, each of which is currently listed
                                                public interest, for the protection of                  submissions. You should submit only                   on the Exchange under NYSE Arca
                                                investors, or otherwise in furtherance of               information that you wish to make                     Equities Rule 8.200. The text of the
                                                the purposes of the Act. If the                         available publicly. All submissions                   proposed rule change is available on the
                                                Commission takes such action, the                       should refer to File Number SR–                       Exchange’s Web site at www.nyse.com,
                                                Commission shall institute proceedings                  NYSEARCA–2015–16 and should be                        at the principal office of the Exchange,
                                                to determine whether the proposed rule                  submitted on or before April 15, 2015.                and at the Commission’s Public
                                                should be approved or disapproved.                        For the Commission, by the Division of              Reference Room.
                                                                                                        Trading and Markets, pursuant to delegated
                                                IV. Solicitation of Comments                                                                                  II. Self-Regulatory Organization’s
                                                                                                        authority.22
                                                  Interested persons are invited to                     Brent J. Fields,
                                                                                                                                                              Statement of the Purpose of, and
                                                submit written data, views and                                                                                Statutory Basis for, the Proposed Rule
                                                                                                        Secretary.
                                                arguments concerning the foregoing,                                                                           Change
                                                                                                        [FR Doc. 2015–06718 Filed 3–24–15; 8:45 am]
                                                including whether the proposed rule                                                                             In its filing with the Commission, the
                                                                                                        BILLING CODE 8011–01–P
                                                change is consistent with the Act.                                                                            self-regulatory organization included
                                                Comments may be submitted by any of                                                                           statements concerning the purpose of,
                                                the following methods:                                  SECURITIES AND EXCHANGE                               and basis for, the proposed rule change
                                                Electronic Comments                                     COMMISSION                                            and discussed any comments it received
                                                                                                                                                              on the proposed rule change. The text
                                                   • Use the Commission’s Internet                      [Release No. 34–74544; File No. SR–
                                                                                                                                                              of those statements may be examined at
                                                comment form (http://www.sec.gov/                       NYSEArca–2015–19]
                                                                                                                                                              the places specified in Item IV below.
                                                rules/sro.shtml); or                                                                                          The Exchange has prepared summaries,
                                                   • Send an email to rule-comments@                    Self-Regulatory Organizations; NYSE
                                                                                                        Arca, Inc.; Notice of Filing and                      set forth in sections A, B, and C below,
                                                sec.gov. Please include File Number SR–
                                                                                                        Immediate Effectiveness of Proposed                   of the most significant parts of such
                                                NYSEARCA–2015–16 on the subject
                                                                                                        Rule Change Relating to the LBMA                      statements.
                                                line.
                                                                                                        Gold Price as a Replacement for the                   A. Self-Regulatory Organization’s
                                                Paper Comments                                          London Gold Fix for Certain Gold                      Statement of the Purpose of, and the
                                                   • Send paper comments in triplicate                  Related Exchange Traded Products                      Statutory Basis for, the Proposed Rule
                                                to Secretary, Securities and Exchange                   March 19, 2015.                                       Change
                                                Commission, 100 F Street NE.,                              Pursuant to Section 19(b)(1) 1 of the
                                                Washington, DC 20549–1090.                                                                                    1. Purpose
                                                                                                        Securities Exchange Act of 1934 (the
                                                All submissions should refer to File                                                                             The Exchange proposes to amend the
                                                                                                        ‘‘Act’’) 2 and Rule 19b–4 thereunder,3
                                                Number SR–NYSEARCA–2015–16. This                                                                              Exchange listing rules applicable to nine
                                                                                                        notice is hereby given that, on March
                                                file number should be included on the                                                                         exchange-traded products, all of which
                                                                                                        17, 2015, NYSE Arca, Inc. (the
                                                subject line if email is used. To help the                                                                    reference the ‘‘London Gold Fix’’, as
                                                                                                        ‘‘Exchange’’ or ‘‘NYSE Arca’’) filed with
                                                Commission process and review your                                                                            described further below. The exchange-
                                                                                                        the Securities and Exchange
                                                comments more efficiently, please use                                                                         traded products are listed and traded
rljohnson on DSK3VPTVN1PROD with NOTICES




                                                                                                        Commission (the ‘‘Commission’’) the
                                                only one method. The Commission will                                                                          pursuant to NYSE Arca Equities Rule
                                                                                                        proposed rule change as described in
                                                post all comments on the Commission’s                                                                         5.2(j)(5) for the Equity Gold Shares;
                                                                                                        Items I and II below, which Items have
                                                                                                                                                              NYSE Arca Equities Rules 8.201, for
                                                   21 For purposes only of waiving the 30-day
                                                                                                          22 17 CFR 200.30–3(a)(12).                          Commodity-Based Trust Shares, and
                                                operative delay, the Commission has also
                                                considered the proposed rule’s impact on
                                                                                                          1 15 U.S.C.78s(b)(1).                               NYSE Arca Equities Rule 8.200, for
                                                efficiency, competition, and capital formation. See       2 15 U.S.C. 78a.                                    Trust Issued Receipts. The proposed
                                                15 U.S.C. 78c(f).                                         3 17 CFR 240.19b–4.                                 change would replace references to the


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Document Created: 2018-02-21 09:49:19
Document Modified: 2018-02-21 09:49:19
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 15838 

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