80_FR_15905 80 FR 15848 - Self-Regulatory Organizations; NYSE MKT LLC; 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 15848 - Self-Regulatory Organizations; NYSE MKT LLC; 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 Range15848-15850
FR Document2015-06717

Federal Register, Volume 80 Issue 57 (Wednesday, March 25, 2015)
[Federal Register Volume 80, Number 57 (Wednesday, March 25, 2015)]
[Notices]
[Pages 15848-15850]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-06717]



[[Page 15848]]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-74540; File No. SR-NYSEMKT-2015-16]


Self-Regulatory Organizations; NYSE MKT LLC; 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 MKT LLC (the ``Exchange'' or ``NYSE 
MKT'') 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 .10(d) to Rule 903 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 .10(a) to Rule 903, 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 .10(d) to Rule 
903, 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\
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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 903C; Rule 900C(b)(27).
    \6\ See Rule 903(h).
    \7\ Id.
    \8\ See Commentary .10(d) to Rule 903.
    \9\ See Commentary .06 to Rule 903 (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 .10(d) to Rule 903.
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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 be within $0.50 of strikes listed pursuant to the 
$2.50 Strike Price Program.
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    \11\ See Commentary .07(a) to Rule 903.
    \12\ Id. The term ``primary market'' is defined in Rule 
900.2NY(62) 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

[[Page 15849]]

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 .10(d) to Rule 903.
    \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 ATP 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 .10(d) to Rule 903 (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 ATP 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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    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

[[Page 15850]]

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-NYSEMKT-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-NYSEMKT-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-NYSEMKT-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. 2015-06717 Filed 3-24-15; 8:45 am]
 BILLING CODE 8011-01-P



                                                15848                        Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Notices

                                                SECURITIES AND EXCHANGE                                  A. Self-Regulatory Organization’s                       expirations.6 Specifically, on any
                                                COMMISSION                                               Statement of the Purpose of, and                        Thursday or Friday that is a business
                                                                                                         Statutory Basis for, the Proposed Rule                  day, the Exchange currently may list
                                                [Release No. 34–74540; File No. SR–                      Change                                                  short term options that expire at the
                                                NYSEMKT–2015–16]                                                                                                 close of business on each of the next
                                                                                                         1. Purpose
                                                                                                                                                                 five Fridays that are business days and
                                                Self-Regulatory Organizations; NYSE                         The Exchange proposes to amend its                   are not Fridays in which monthly or
                                                MKT LLC; Notice of Filing and                            rules governing the Short Term Option                   quarterly options expire.7 These short
                                                Immediate Effectiveness of Proposed                      Series program (‘‘STOS Program’’) to                    term option series may be listed in
                                                Rule Change Amending Its Rules                           introduce finer strike price intervals for              strike price intervals of $0.50, $1, or
                                                Governing the Short Term Option                          certain short term options. In particular,              $2.50, with the finer strike price
                                                Series Program To Extend Current                         the Exchange proposes to amend                          intervals being offered for lower priced
                                                $0.50 Strike Price Intervals in Non-                     Commentary .10(d) to Rule 903 to                        securities 8, and for options that trade in
                                                Index Options to Short Term Options                      extend current $0.50 strike price                       dollar increments in the related monthly
                                                With Strike Prices Less Than $100                        intervals in non-index options to short                 expiration.9 More specifically, per
                                                                                                         term options with strike prices less than               current Commentary .10(d) to Rule 903,
                                                March 19, 2015.                                          $100 instead of the current $75. This                   the strike price interval for STOS may
                                                   Pursuant to Section 19(b)(1) 1 of the                 proposed change is intended to                          be $0.50 or greater for option classes
                                                Securities Exchange Act of 1934 (the                     eliminate gapped strikes between $75                    that both trade in $1 strike price
                                                ‘‘Act’’) 2 and Rule 19b–4 thereunder,3                   and $100 that result from conflicting                   intervals and are in the STOS Program.
                                                notice is hereby given that, on March                    strike price parameters under the STOS                  If the class does not trade in $1 strike
                                                12, 2015, NYSE MKT LLC (the                              and $2.50 Strike Price Programs as                      price intervals, the Exchange may list
                                                ‘‘Exchange’’ or ‘‘NYSE MKT’’) filed with                 described in more detail below. The                     STOS in $0.50 intervals for strike prices
                                                the Securities and Exchange                              Exchange believes that the proposed                     less than $75; in $1 intervals for strike
                                                Commission (the ‘‘Commission’’) the                      rule change would increase market                       prices that are between $75 and $150;
                                                proposed rule change as described in                     efficiency as it would align the                        and in $2.50 intervals for strike prices
                                                Items I and II below, which Items have                   Exchange’s rules with recently approved                 greater than $150.10
                                                been prepared by the self-regulatory                     changes to the rules governing short                       The Exchange also operates a $2.50
                                                organization. The Commission is                          term options series programs of other                   Strike Price Program that permits the
                                                publishing this notice to solicit                        options exchanges,4 which would                         Exchange to select up to sixty options
                                                comments on the proposed rule change                     enable the Exchange to compete equally                  classes on individual stocks to trade in
                                                from interested persons.                                 and fairly with other options exchanges                 $2.50 strike price intervals, in addition
                                                                                                         in satisfying strong customer demand to                 to option classes selected by other
                                                I. Self-Regulatory Organization’s                        have the ability to execute hedging and                 securities exchanges that employ a
                                                Statement of the Terms of Substance of                   trading strategies in finer strike price                similar program under their respective
                                                the Proposed Rule Change                                 intervals.                                              rules.11 Monthly expiration options in
                                                                                                            Pursuant to Commentary .10(a) to                     classes admitted to the $2.50 Strike
                                                   The Exchange proposes to amend its                                                                            Price Program trade in $2.50 intervals
                                                rules governing the Short Term Option                    Rule 903, the Exchange may list short
                                                                                                         term options in up to fifty option                      where the strike price is (1) greater than
                                                Series program to extend current $0.50                                                                           $25 but less than $50; or (2) between
                                                strike price intervals in non-index                      classes, in addition to option classes
                                                                                                         that are selected by other securities                   $50 and $100 if the strikes are no more
                                                options to Short Term Options with                                                                               than $10 from the closing price of the
                                                strike prices less than $100. The text of                exchanges that employ a similar
                                                                                                         program under their respective rules.5                  underlying stock in its primary market
                                                the proposed rule change is available on                                                                         on the preceding day.12 In certain
                                                the Exchange’s Web site at                               For each of these option classes, the
                                                                                                         Exchange may list five short term option                instances, these strike price parameters
                                                www.nyse.com, at the principal office of                                                                         conflict with strike prices allowed for
                                                the Exchange, and at the Commission’s                    expiration dates at any given time, not
                                                                                                         counting monthly or quarterly                           short term options as dollar strikes
                                                Public Reference Room.                                                                                           between $75 and $100 otherwise
                                                II. Self-Regulatory Organization’s                          4 See Securities and Exchange Act Release No.
                                                                                                                                                                 allowed under the STOS Program may
                                                Statement of the Purpose of, and                         73999 (January 6, 2015), 80 FR 1599 [sic] (January      be within $0.50 of strikes listed
                                                Statutory Basis for, the Proposed Rule                   12, 2015) (SR–ISE–2014–52) (order granting              pursuant to the $2.50 Strike Price
                                                Change                                                   approval of proposed rule change regarding short        Program.
                                                                                                         term option series program). Following approval of         To remedy this conflict, the Exchange
                                                                                                         filing by the International Securities Exchange, LLC,
                                                  In its filing with the Commission, the                 several other option exchanges submitted ‘‘copycat’’
                                                                                                                                                                 proposes to extend the $0.50 strike price
                                                self-regulatory organization included                    filings for immediate effectiveness. See, e.g.,         intervals, currently allowed for short
                                                statements concerning the purpose of,                    Securities and Exchange Act Release Nos. 74016          term options with strike prices less than
                                                and basis for, the proposed rule change                  (January 8, 2015), 80 FR 1976 (January 14, 2015)        $75, to short term options with strike
                                                                                                         (SR–BOX–2015–01); 74144 (January 27, 2015), 80
                                                and discussed any comments it received                   FR 5602 (February 2, 2015) (SR–CBOE–2015–09
                                                on the proposed rule change. The text                    [sic]); 74145 (January 27, 2015), 80 FR 5600
                                                                                                                                                                   6 See   Rule 903(h).
                                                                                                                                                                   7 Id.
                                                of those statements may be examined at                   (February 2, 2015) (SR–Phlx–2015–09); 74146
                                                                                                                                                                   8 See  Commentary .10(d) to Rule 903.
                                                the places specified in Item IV below.                   (January 27, 2015), 80 FR 5595 (February 2, 2015)
                                                                                                         (SR–NASDAQ–2015–005); 74147 (January 27,                  9 See  Commentary .06 to Rule 903 (allows the
                                                The Exchange has prepared summaries,
rljohnson on DSK3VPTVN1PROD with NOTICES




                                                                                                         2015), 80 FR 5604 (February 2, 2015) (SR–BX–            Exchange to designate up to 150 options classes on
                                                set forth in sections A, B, and C below,                 2015–006).                                              individual stocks to be traded in $1 strike price
                                                of the most significant parts of such                       5 The Exchange notes that the number of option       intervals where the strike price is between $50 and
                                                statements.                                              classes that may participate in the STOS Program        $1).
                                                                                                                                                                   10 See Commentary .10(d) to Rule 903.
                                                                                                         is aggregated between equity options and index
                                                                                                         options and is not apportioned between equity             11 See Commentary .07(a) to Rule 903.
                                                  1 15 U.S.C. 78s(b)(1).                                 options and index options. For STOS Program rules         12 Id. The term ‘‘primary market’’ is defined in
                                                  2 15 U.S.C. 78a.                                       regarding index options, see Rule 903C; Rule            Rule 900.2NY(62) as the principal market in which
                                                  3 17 CFR 240.19b–4.                                    900C(b)(27).                                            an underlying security is traded.



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                                                                            Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Notices                                                     15849

                                                prices less than $100. With this                        option contracts in the narrower strike               believe this expansion would cause
                                                proposed change, short term options in                  price intervals available for short term              fragmentation of liquidity.
                                                non-index option classes would trade                    option series.17 After transitioning to
                                                                                                                                                              B. Self-Regulatory Organization’s
                                                in: (1) $0.50 or greater intervals for                  short term strike price intervals,
                                                                                                                                                              Statement on Burden on Competition
                                                strike prices less than $100, or for                    however, monthly options that trade in
                                                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                    C. Self-Regulatory Organization’s
                                                proposal on system capacity, the                        investors who want to roll their                      Statement on Comments on the
                                                Exchange has analyzed its capacity and                  positions from monthly to weekly                      Proposed Rule Change Received From
                                                represents that it and the Options Price                expirations. In the example above, for                Members, Participants, or Others
                                                Reporting Authority (‘‘OPRA’’) have the                 instance, an investor that purchased a
                                                                                                        monthly ABC option with a $77.50                        No written comments were solicited
                                                necessary systems capacity to handle
                                                                                                        strike price would not be able to roll                or received with respect to the proposed
                                                any potential additional traffic
                                                                                                        that position into a later short term                 rule change.
                                                associated with this proposed rule
                                                change. The Exchange believes that its                  expiration with the same strike price as              III. Date of Effectiveness of the
                                                ATP Holders would not have a capacity                   that strike is unavailable under current              Proposed Rule Change and Timing for
                                                issue as a result of this proposal. The                 STOS Program rules. Thus, the                         Commission Action
                                                Exchange also represents that it does not               Exchange believes that permitting $0.50
                                                                                                        intervals for short term options up to                   Because the proposed rule change
                                                believe this expansion would cause                                                                            does not (i) significantly affect the
                                                fragmentation of liquidity.                             $100 would remedy both of these issues
                                                                                                        as strikes allowed under the $2.50 Strike             protection of investors or the public
                                                2. Statutory Basis                                                                                            interest; (ii) impose any significant
                                                                                                        Price Program would not conflict with
                                                                                                                                                              burden on competition; and (iii) become
                                                   The Exchange believes that the                       the finer $0.50 strike price interval. The
                                                                                                                                                              operative for 30 days from the date on
                                                proposed change is consistent with                      STOS Program has been well-received
                                                                                                                                                              which it was filed, or such shorter time
                                                Section 6(b) of the Act,15 in general, and              by market participants and the
                                                                                                                                                              as the Commission may designate, the
                                                furthers the objectives of Section                      Exchange believes that introducing finer
                                                                                                                                                              proposed rule change has become
                                                6(b)(5),16 in particular, in that it is                 strike price intervals for short term
                                                                                                                                                              effective pursuant to Section 19(b)(3)(A)
                                                designed to promote just and equitable                  options with strike prices between $75
                                                                                                                                                              of the Act 19 and Rule 19b–4(f)(6)
                                                principles of trade, to remove                          and $100, and thereby eliminating the
                                                                                                                                                              thereunder.20
                                                impediments to, and perfect the                         gapped strikes described above, would                    The Exchange has asked the
                                                mechanism of a free and open market                     benefit these market participants by                  Commission to waive the 30-day
                                                and, in general, to protect investors and               giving them more flexibility to closely               operative delay so that the proposal may
                                                the public interest.                                    tailor their investment and hedging                   become operative immediately upon
                                                   The Exchange believes that the                       decisions.                                            filing. The Exchange stated that waiver
                                                proposed change would result in a                          With regard to the impact of this                  of this requirement will enable the
                                                continuing benefit to investors by giving               proposal on system capacity, the                      Exchange to, as soon as possible, have
                                                them more flexibility to closely tailor                 Exchange has analyzed its capacity and                the ability to compete with option
                                                their investment and hedging decisions,                 represents that it and the OPRA have                  exchanges that have incorporated the
                                                thus allowing them to better manage                     the necessary systems capacity to
                                                their risk exposure. Under the                          handle any potential additional traffic                 18 See  supra n. 4.
rljohnson on DSK3VPTVN1PROD with NOTICES




                                                Exchange’s current rules, during the                    associated with this proposed rule                      19 15  U.S.C. 78s(b)(3)(A).
                                                month prior to expiration, the Exchange                 change. The Exchange believes that its                  20 17 CFR 240.19b–4(f)(6). As required under Rule

                                                is permitted to list related monthly                    ATP Holders would not have a capacity                 19b–4(f)(6)(iii), the Exchange provided the
                                                                                                        issue as a result of this proposal. The               Commission with written notice of its intent to file
                                                                                                                                                              the proposed rule change, along with a brief
                                                  13 See proposed Commentary .10(d) to Rule 903.        Exchange also represents that it does not             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 .10(d) to Rule 903 (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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                                                15850                       Federal Register / Vol. 80, No. 57 / Wednesday, March 25, 2015 / Notices

                                                proposed rule change to their short term                those that may be withheld from the                   the Pricing Schedule to include a
                                                option series programs. For this reason,                public in accordance with the                         reference to a Non-Customer; (2) amend
                                                the Commission believes that the                        provisions of 5 U.S.C. 552, will be                   the Customer 3 Simple Order Fee for
                                                proposed rule change presents no novel                  available for Web site viewing and                    Removing Liquidity in Section I,
                                                issues and that waiver of the 30-day                    printing in the Commission’s Public                   entitled ‘‘Rebates and Fees for Adding
                                                operative delay is consistent with the                  Reference Room, 100 F Street NE.,                     and Removing Liquidity in SPY’’ as well
                                                protection of investors and the public                  Washington, DC 20549, on official                     as certain PIXL 4 executions in options
                                                interest. Therefore, the Commission                     business days between the hours of                    overlying SPY; 5 (3) amend a Firm 6 fee
                                                designates the proposed rule change to                  10:00 a.m. and 3:00 p.m. Copies of the                in Section II, entitled ‘‘Multiply Listed
                                                be operative upon filing.21                             filing also will be available for                     Options Fees,’’ 7 as well as certain
                                                   At any time within 60 days of the                    inspection and copying at the principal               pricing applicable to Specialists 8 and
                                                filing of the proposed rule change, the                 office of the Exchange. All comments                  Market Makers; 9 (4) amend PIXL
                                                Commission summarily may                                received will be posted without change;               pricing in Section IV, Part A entitled
                                                temporarily suspend such rule change if                 the Commission does not edit personal                 ‘‘PIXL Pricing,’’ and FLEX pricing in
                                                it appears to the Commission that such                  identifying information from                          Section IV, Part B, entitled ‘‘FLEX
                                                action is necessary or appropriate in the               submissions. You should submit only
                                                                                                                                                              Transaction Fees’’ of the Pricing
                                                public interest, for the protection of                  information that you wish to make
                                                investors, or otherwise in furtherance of                                                                     Schedule.
                                                                                                        available publicly. All submissions
                                                the purposes of the Act. If the                         should refer to File Number SR–                          The text of the proposed rule change
                                                Commission takes such action, the                       NYSEMKT–2015–16 and should be                         is available on the Exchange’s Web site
                                                Commission shall institute proceedings                  submitted on or before April 15, 2015.                at http://
                                                to determine whether the proposed rule                    For the Commission, by the Division of              nasdaqomxphlx.cchwallstreet.com/, at
                                                should be approved or disapproved.                      Trading and Markets, pursuant to delegated            the principal office of the Exchange, and
                                                                                                        authority.22                                          at the Commission’s Public Reference
                                                IV. Solicitation of Comments
                                                                                                        Brent J. Fields,                                      Room.
                                                  Interested persons are invited to
                                                                                                        Secretary.                                            II. Self-Regulatory Organization’s
                                                submit written data, views and
                                                                                                        [FR Doc. 2015–06717 Filed 3–24–15; 8:45 am]           Statement of the Purpose of, and
                                                arguments concerning the foregoing,
                                                including whether the proposed rule                     BILLING CODE 8011–01–P                                Statutory Basis for, the Proposed Rule
                                                change is consistent with the Act.                                                                            Change
                                                Comments may be submitted by any of
                                                                                                        SECURITIES AND EXCHANGE                                 In its filing with the Commission, the
                                                the following methods:
                                                                                                        COMMISSION                                            Exchange included statements
                                                Electronic Comments                                                                                           concerning the purpose of and basis for
                                                                                                        [Release No. 34–74531; File No. SR–Phlx–
                                                  • Use the Commission’s Internet                       2015–25]                                              the proposed rule change and discussed
                                                comment form (http://www.sec.gov/                                                                             any comments it received on the
                                                rules/sro.shtml); or                                    Self-Regulatory Organizations;                        proposed rule change. The text of these
                                                  • Send an email to rule-comments@                     NASDAQ OMX PHLX LLC; Notice of                        statements may be examined at the
                                                sec.gov. Please include File Number SR–                 Filing and Immediate Effectiveness of                 places specified in Item IV below. The
                                                NYSEMKT–2015–16 on the subject line.                    Proposed Rule Change Relating to the                  Exchange has prepared summaries, set
                                                                                                        Pricing Schedule’s Preface and                        forth in sections A, B, and C below, of
                                                Paper Comments                                          Sections I, II and IV                                 the most significant aspects of such
                                                   • Send paper comments in triplicate                                                                        statements.
                                                to Secretary, Securities and Exchange                   March 19, 2015.
                                                Commission, 100 F Street NE.,                              Pursuant to Section 19(b)(1) of the
                                                                                                                                                                 3 The term ‘‘Customer’’ applies to any transaction
                                                Washington, DC 20549–1090.                              Securities Exchange Act of 1934 (the
                                                                                                                                                              that is identified by a member or member
                                                All submissions should refer to File                    ‘‘Act’’),1 and Rule 19b–4 thereunder,2                organization for clearing in the Customer range at
                                                Number SR–NYSEMKT–2015–16. This                         notice is hereby given that on March 11,              The Options Clearing Corporation (‘‘OCC’’) which
                                                file number should be included on the                   2015, NASDAQ OMX PHLX LLC                             is not for the account of broker or dealer or for the
                                                                                                        (‘‘Phlx’’ or ‘‘Exchange’’) filed with the             account of a ‘‘professional’’ (as that term is defined
                                                subject line if email is used. To help the                                                                    in Rule 1000(b)(14)).
                                                Commission process and review your                      Securities and Exchange Commission                       4 PIXLSM is the Exchange’s price improvement

                                                comments more efficiently, please use                   (‘‘SEC’’ or ‘‘Commission’’) the proposed              mechanism known as Price Improvement XL or
                                                only one method. The Commission will                    rule change as described in Items I, II,              PIXL. See Rule 1080(n).
                                                post all comments on the Commission’s                   and III below, which Items have been                     5 Options overlying Standard and Poor’s

                                                                                                        prepared by the Exchange. The                         Depositary Receipts/SPDRs (‘‘SPY’’) are based on
                                                Internet Web site (http://www.sec.gov/                                                                        the SPDR exchange-traded fund, which is designed
                                                rules/sro.shtml). Copies of the                         Commission is publishing this notice to               to track the performance of the S&P 500 Index.
                                                submission, all subsequent                              solicit comments on the proposed rule                    6 The term ‘‘Firm’’ applies to any transaction that

                                                amendments, all written statements                      change from interested persons.                       is identified by a member or member organization
                                                                                                                                                              for clearing in the Firm range at OCC.
                                                with respect to the proposed rule                       I. Self-Regulatory Organization’s                        7 This includes options overlying equities,
                                                change that are filed with the                          Statement of the Terms of the Substance               exchange traded funds (‘‘ETFs’’), exchange traded
                                                Commission, and all written                             of the Proposed Rule Change                           notes (‘‘ETNs’’) and indexes which are Multiply
                                                communications relating to the                                                                                Listed.
rljohnson on DSK3VPTVN1PROD with NOTICES




                                                                                                           The Exchange proposes to modify the                   8 A Specialist is an Exchange member who is
                                                proposed rule change between the                        Phlx Pricing Schedule (‘‘Pricing                      registered as an options specialist pursuant to Rule
                                                Commission and any person, other than                   Schedule’’). Specifically, the Exchange               1020(a).
                                                                                                                                                                 9 A ‘‘Market Maker’’ includes Registered Options
                                                   21 For purposes only of waiving the 30-day
                                                                                                        proposes to amend: (1) The Preface to
                                                                                                                                                              Traders (Rule 1014(b)(i) and (ii)), which includes
                                                operative delay, the Commission has also                                                                      Streaming Quote Traders (see Rule 1014(b)(ii)(A))
                                                                                                          22 17 CFR 200.30–3(a)(12).
                                                considered the proposed rule’s impact on                                                                      and Remote Streaming Quote Traders (see Rule
                                                                                                          1 15 U.S.C. 78s(b)(1).
                                                efficiency, competition, and capital formation. See                                                           1014(b)(ii)(B)). Directed Participants are also market
                                                15 U.S.C. 78c(f).                                         2 17 CFR 240.19b–4.                                 makers.



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Document Created: 2018-02-21 09:49:13
Document Modified: 2018-02-21 09:49:13
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 15848 

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